[HISTORY: Adopted by the Board of Trustees
of the Village of Briarcliff Manor 9-29-1953, as amended through 4-17-1995. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Architectural Review Advisory Committee — See Ch. 5.
Planning Board — See Ch. 45.
Zoning Board of Appeals — See Ch. 61.
Building construction — See Ch. 90.
Flood damage prevention — See Ch. 127.
Freshwater wetlands — See Ch.
131.
Signs — See Ch. 172.
Subdivision of land — See Ch. 190.
Table 1 - Permitted Principal and Accessory Uses (Residential)
Table 2 - Permitted Lot Sizes, Setbacks, Height Requirements (Residential)Table 3 - Permitted Principal and Accessory Uses (Commercial)Table 4 - Permitted Lot Sizes, Setbacks, Height Requirements (Commercial)Table 5 - Exceptions and Modifications
Table 2 - Permitted Lot Sizes, Setbacks, Height Requirements (Residential)Table 3 - Permitted Principal and Accessory Uses (Commercial)Table 4 - Permitted Lot Sizes, Setbacks, Height Requirements (Commercial)Table 5 - Exceptions and ModificationsA.
This chapter shall be known and may be cited as the
"Zoning Ordinance of the Village of Briarcliff Manor, New York."
B.
Statement of legislative purpose for Ordinance 111.
This amending ordinance recognizes among the matters with which it
is concerned, that various neighborhoods and areas in the Village
of Briarcliff Manor have been developed in the past with lots in excess
of the 40,000 square foot minimum lot area required in the R40A and
R40B Districts, and other neighborhoods and areas have been developed
with lots in excess of the 20,000 square foot minimum lot area required
in the R20A and R20B Districts, and that said development has occurred
in accordance with the highest and best available use of the land,
or by reason of the fact that certain tracts of land, either because
of propinquity to such neighborhoods or areas or as a result of difficult
terrain or for other reasons, are not appropriate for development
with lots of 40,000 square feet minimum or 20,000 square feet minimum
as the case may be. Acting on the basis of the recent experience of
the Village of Briarcliff Manor during the last five or more years
with respect to its development and growth, and intending to exercise
to the fullest extent the legislative power granted to it in accordance
with the legislative purposes set forth in § 7-704 of the
Village Law, and particularly the purposes of lessening congestion
in the streets, preventing overcrowding of land, avoiding undue concentration
of population, facilitating the adequate provision of transportation,
water sewerage, schools, and other public requirements, and generally
promoting the public health and general welfare, it is accordingly
deemed necessary to orderly residential development and to the general
welfare of the Village of Briarcliff Manor that the Zoning Chapter
be amended to make provision for a new single-family residence district,
requiring lots with a minimum area of 60,000 square feet, and with
other appropriate regulations; and that certain tracts of land be
transferred to this new zoning district; and that certain other tracts
of land be transferred from R20A and R20B Districts to R30A, R40A
or R40B Districts, or corrections being deemed necessary and proper
to be made at the same time.
[Amended 5-21-1998 by L.L. No. 2-1998]
[Amended 5-5-1997 by L.L. No. 2-1997; 5-21-1998 by L.L. No. 2-1998; 8-12-1999 by L.L. No. 6-1999; 10-18-2001 by L.L. No. 2-2001; 5-9-2003 by L.L. No.
3-2003; 9-3-2003 by L.L. No. 6-2003; 8-16-2007 by L.L. No. 7-2007; 3-16-2011 by L.L. No. 2-2011; 6-8-2014 by L.L. No.
1-2014; 11-5-2014 by L.L. No. 2-2014; 5-17-2017 by L.L. No. 1-2017; 12-15-2020 by L.L. No. 1-2021]
Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense include the future and the plural includes the singular.
The word "building" includes the word "structure"; and the word "shall"
is intended to be mandatory; and the words "occupied" or "used" shall
be construed as though followed by the words "or intended, arranged,
or designed to be used or occupied."
A building, the use of which is incident to that of the principal
building and located on the same lot.
In the case of a for-purchase housing unit, one that is affordable
to a household whose income does not exceed 80% of the area median
income (AMI) for Westchester as defined annually by the U.S. Department
of Housing and Urban Development (HUD) and for which the annual housing
cost of a unit, including common charges, principal, interest, taxes
and insurance (PITI), does not exceed 33% of 80% AMI, adjusted for
family size.
In the case of a rental unit, one that is affordable to a household
whose income does not exceed 60% AMI and for which the annual housing
cost of the unit, defined as rent plus any tenant-paid utilities,
does not exceed 30% of 60% AMI, adjusted for family size.
A facility that uses living organisms or biological processes
for the purpose of developing agricultural, industrial or medical
products.
Any structure having a roof and intended for the shelter,
housing or enclosure of persons, animals or property.
An establishment engaged in the sale of prepared, ready-to-consume food and/or beverages primarily intended for off-site consumption, but which may have limited seating for on-site consumption. A carry-out food establishment may include on-site food and/or beverage preparation. Notwithstanding the foregoing, a carry-out food establishment shall be considered a restaurant for application of the parking requirements of § 220-12C(13) if the establishment has more seats than the lesser of:
A building, group of buildings, or property with facilities
to accommodate the regular gathering, principally to members and guests,
but possibly for paying members of the public, for recreational, athletic
or social purposes.
The installation of two or more wireless telecommunication
services antennas and related appurtenances on the same monopole.
For purposes of this chapter, the installation of two or more structurally
mounted wireless telecommunication services antennas on the same building
or structure other than a monopole, or the installation of two or
more wireless telecommunication services facilities in different locations
on the same site, shall not be considered "co-location."
A property, building, or group of buildings designed for
conventions, industrial shows, gatherings, and the like, optimized
for larger group meetings, exhibitions, demonstrations, performances,
or assemblies, which may include conference rooms, lecture spaces,
presentation facilities, stages, and accessory short-term lodging,
restaurants, and other such facilities.
An open, uncovered and unoccupied space bounded on two or
more sides by the walls of a principal building. An inner court is
a court entirely within the exterior walls of a building. All other
courts are outer courts.
That percentage of the land area covered by the combined
area of all buildings on all or that portion of the lot within the
same zoning district as the principal building.
A facility dedicated to house computer systems and associated
components to support business continuity by supplying redundant data
storage, infrastructure, power supply, communications, and security
devices.
A device, also known as a "satellite dish" or "earth station,"
whose purpose is to receive communication signals from orbiting satellites
and other extraterrestrial sources and which may include as a component
part a low-noise amplifier (LNA), situated at the focal point of the
receiving component, whose purpose is to magnify and transfer signals.
A building or portion thereof providing complete housekeeping
facilities for one family only.
The premises and buildings providing for-profit congregate
living arrangements in which at least one person occupying each residential
unit meets the definition of "elderly," and in which all other occupants
of each residential unit are either the spouse of, or a person required
for the physical care or support of, such person meeting the definition
of "elderly." An eldercare community shall include one or both of
the following:
ASSISTED LIVINGResidential facilities accompanied by support services, including the provision of at least one meal per day and personal care services such as medication supervision and assistance with the activities of daily living such as bathing, dressing, grooming, eating and ambulation.
INDEPENDENT LIVINGDwelling units with individual kitchens and bathrooms where at least one meal per day plus one or more of the following services are provided to residents within the dwelling unit or in common facilities on site: laundry, security and housekeeping.
Persons 60 years of age and older.
Any porch or breezeway that has walls, windows, screens or
other elements that restrict movement to or from the porch or breezeway,
except that an open porch or breezeway may have walls with a height
of up to three feet six inches above finished floor elevation so long
as 80% of the area above that height to the height of the ceiling
remains open.
A retail use that offers customers an in-store opportunity
for physical interactive engagement with a product or service.
Two or more persons related by blood or marriage, or not
more than four unrelated persons, occupying a dwelling unit and living
together as a single housekeeping unit may be considered as a family.
A commercial establishment offering instruction, training
or assistance and/or the facilities for the preservation, maintenance,
encouragement or development of physical fitness or well-being, as
well as health spas, health studios, gymnasiums, weight control studios,
martial arts and self-defense schools or any other commercial establishment
offering a similar course of physical training.
A dwelling unit located completely within one floor of a
multifamily dwelling.
The sum of the horizontal areas of the floors of the building
or buildings, excluding attics and any floor area used for off-street
parking or loading purposes (except for one-family residences), measured
from the exterior walls or, in the case of a common wall separating
two buildings, from the center line of such a common wall and including
any two-story space or enclosed porch or enclosed breezeway. For single-family
residences, the following areas shall also be included in the gross
floor area:
The sum of the area of the building coverage multiplied by the
percentage of the building perimeter with exposed walls of seven feet
or greater below the first-floor elevation.
Any floor area with a floor to ceiling height of 16 feet or
greater shall be doubled for the purpose of calculating gross floor
area.
The portion of the total area of any deck(s) elevated above
ground (not patio) on the lot that is in excess of the square footage
set forth below for the zoning district in which the lot is located.
|
District
|
Square Feet
|
|---|---|
|
R80A
|
800
|
|
R60A
|
600
|
|
R40B
|
400
|
|
R30A
|
300
|
|
R20A
|
200
|
|
R20B
|
200
|
|
R12B
|
180
|
|
R10B
|
150
|
|
RT4B
|
100
|
The gross floor area of all buildings on a lot divided by
the area of such lot.
A building or part thereof used for the storage, care, or
repair of motor vehicles for remuneration, including any sale of motor
vehicle accessories, gasoline or oil, or for keeping vehicles for
hire.
The vertical distance from the mean level of the finished
grade of the land immediately adjacent to the building to the level
of the highest point of the roof beams, except that in the case of
pitched roofs, it is the vertical distance from such level of the
land to the midpoint between the eave and ridgeline of the roof above
the highest wall or walls, or the top of the highest window, whichever
is greater.
Any use customarily conducted entirely within a dwelling
and carried on by the occupants thereof, which use is clearly incident
and secondary to the use of the dwelling for dwelling purposes. The
conduct of a clinic, hospital, barber shop, beauty parlor, tea room,
tourist home or animal hospital shall not be deemed to be a home occupation.
An institution, building or other premises established for
the maintenance, observation, supervision, treatment and medical care
of persons afflicted with or suffering from sickness, disease or injury.
A building or portion thereof containing rooms occupied by
transient guests who are lodged, with or without meals, and in which
building or portion thereof, there may be certain public rooms or
halls for the service of food and drink, with or without accessory
conveniences or services normally incidental to and associated with
such a use.
An area of land principally used to contain multiple ground-mounted
solar energy collectors that convert solar energy to electricity,
whether by photovoltaics, concentrating solar thermal devices or various
experimental solar technologies.
[Added 9-28-2021 by L.L.
No. 16-2021]
Of or pertaining to the learned professions, defined as and
limited to the practice of architects, engineers, physicians, lawyers
and dentists, as distinguished from the practice of a trade, business,
or profession in general.
The use of a property for the design or creation of commercial
products uses that does not generate significant noise, glare, waste,
utility, municipal resource usage, or heavy traffic impacts on surrounding
areas.
The area within the exterior or party walls of the dwelling
unit, excluding garages, cellars, heater rooms, basements, porches,
and breezeways, but including all heated livable rooms, kitchens,
utility rooms, bathrooms, closets and hallways.
Any off-street space available for the loading and unloading
of goods to or from vehicles.
A local society or branch having a charter from a duly organized
fraternal order.
A piece, plot or parcel of land or assemblage of contiguous
parcels of land occupied or to be occupied by a single principal building
or use and its accessory buildings and uses.
A lot at the junction of and abutting on two intersecting
streets when the interior angle of intersection does not exceed 135°.
To comply with Column 5 of the schedule, the width of a lot
shall be measured along a line parallel to the street line and located
at the minimum distance from the street line as required in Column
8 of the schedule.
Institutions or organizations offering medical services performed
on an outpatient basis, without admission to a hospital or other facility
including, but not limited to, offices of physicians and other health
care professionals, hospital outpatient departments, surgical centers,
specialty clinics or centers (such as for bloodwork, dialysis, or
infusion, and the like), or urgent care clinics.
A use of a property combining permitted retail, experiential
retail, retail service, restaurant, carry-out food establishment,
theater, fitness club, nursery school, medical office, outpatient
and ambulatory care facilities, or other combinations of commercial
uses into a single building or group of buildings and a unified site
design and configuration that shares access, parking, utility infrastructure
and associate amenities, and may include incidental accessory residential
housing associated with the use thereto.
A freestanding pole having a single point of location on
the ground comprising a part of a wireless telecommunication services
facility. For purposes of this chapter, the term "monopole" shall
include, in addition to the pole, all other components of the wireless
telecommunications services facility.
A building containing two or more dwelling units or a part
of a building above a permitted business use containing two or more
dwelling units.
An institution, including but not limited to halls of fame,
aquariums, botanical gardens and arboretums, that is essentially educational
or aesthetic in purpose, with professional staff, which ordinarily
owns, exhibits, maintains, and/or utilizes artifacts, art, and/or
specimens, including nontangible electronic, video, digital and similar
art, cares for them, and exhibits them to the public on some regular
schedule.
Nonionizing electromagnetic radiation.
A building or buildings or portion thereof together with
surrounding grounds used for the purpose of educating or supervising
the play of preschool age children.
A building occupied or used for business or professional
offices of individuals, partnerships, associations or corporations,
in which no commercial goods, materials or products other than services
are sold at retail or offered for retail sale from the premises, no
stock-in-trade other than samples is displayed or stored, and no commercial
goods, materials or products are manufactured, assembled, or commercially
serviced or repaired.
An off-street area containing one or more parking spaces
with vehicular circulation ways and driveways, and internal and peripheral
drainage facilities, lighting facilities, landscaping, signs, curbs,
fences, walls, pedestrian walks and areas and other incidental facilities
and appurtenances thereto.
A specific off-street location available for the parking
of one motor vehicle on a transient basis, normally located within
a parking area, and having usable and relatively direct access to
a street.
A not-for-profit organization promoting the general public
welfare as its major purpose.
A specially designed structure or consecrated space where
individuals or a group of people, such as a congregation, come to
perform acts of devotion, veneration, or religious study including,
by way of example, a church, temple, synagogue, or mosque.
A building in which is conducted the principal use of the
lot on which it is situated.
A privately owned and operated facility, not a member of
the SUNY system nor a religious institution, dedicated to the pursuit
of education beyond a secondary education, including private colleges,
private universities, professional and technical schools, and educational
work connected with libraries, museums, private university and educational
extension courses and similar agencies.
Persons, firms or corporations supplying gas, electricity,
water, power, transportation, television, cable or telephone service
to the general public, including wireless telecommunication services
which are regulated separately under this chapter.
The lot line generally opposite the street line. If the rear
lot line is less than 10 feet long, or the lot comes to a point, the
rear lot line shall be deemed to be a line within the lot not less
than 10 feet long parallel to and farthest from the street line.
A building for experimentation in pure or applied research,
design, development, and production of prototype machines or devices,
or of new products and uses necessary thereto; wherein products are
not manufactured or assembled primarily for wholesale or retail sale
wherein commercial servicing or repair of commercial products is not
performed, and where there is no display of any materials or products
for sale.
One or more rooms providing sleeping facilities for the occupants
thereof, and which may also include provisions for cooking, living
and sanitary facilities.
An establishment engaged in the preparation and sale of food and beverages primarily intended for on-site consumption, selected from a menu by patrons seated at a table or counter, and served by a waitperson. A restaurant will include on-site food and beverage preparation and will have seating with counters or tables adequate to accommodate all patrons served for on-site consumption and sufficient to accommodate a full place setting for each patron. Notwithstanding the foregoing, a carry-out food establishment that has more than 20 seats shall be considered a restaurant for application of the parking requirements of § 220-12C(13).
An establishment engaged in selling goods, merchandise, or
services to the general public for personal, household, or business
consumption or use, and not for resale in any case, and rendering
services incidental to such sales. A retail establishment typically
will be a place of business and engaged in activity to attract the
general public to buy and may process or manufacture some of the goods
and merchandise that it sells. A retail establishment may include
the sale of ready-to-consume food and/or beverages and may have up
to 20 seats for on-site consumption as an accessory use located entirely
within the principal structure and with no exterior entrance of its
own.
A building or group of buildings within a controlled access
or fenced environment divided into separate compartments used to meet
the temporary storage needs of small businesses, apartment dwellers
or other residential uses.
A for-profit development that is "housing for older persons,"
meaning housing that is:
Provided under any state or federal program that the Secretary
of Housing and Urban Development of the United States determines is
specifically designed and operated to assist elderly persons as defined
in such state or federal program;
Intended for, and solely occupied by, persons 62 years of age
or older; or
Intended and operated for occupancy by persons 55 years of age
or older; and
At least 80% of the occupied units are occupied by at least
one person who is 55 years of age or older;
The housing facility or community publishes and adheres to policies
and procedures that demonstrate the intent required under 42 U.S.C.
§ 3607, as the same may be amended from time to time; and
The housing facility or community complies with rules issued
by the Secretary for verification of occupancy, which shall:
Provide for verification by reliable surveys and affidavits;
and
Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of Subsection A(3)(b) above. Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (Source: 42 U.S.C. § 3607, as the same may be amended from time to time.)
And such development:
Is a continuing care retirement community (CCRC) authorized
by the State of New York in accordance with Article 46 of the Public
Health Law, as said law may be amended from time to time;
Is a fee-for-service continuing care retirement communities
demonstration program authorized by the State of New York in accordance
with Article 46-A of the Public Health Law, as said law may be amended
from time to time; or
Is an assisted-living development (ALD) certified and licensed
in accordance with Article 46-B of the Public Health Law, as said
law may be amended from time to time, which shall, among other things,
provide a continuum of housing, daily living services and facilities,
and health care for seniors; or
Is a congregate living facility that provides senior residents
with access to, and a choice of, any of the following:
Independent-living units (ILU); and
Assisted-living units (ALU), including, but not limited to:
The provision of services in accordance with an enhanced assisted-living
certificate issued by the New York State Department of Health that
enables the senior care community to admit and retain residents who
chronically require the physical assistance of another person, or
require more than intermittent or occasional assistance from medical
personnel;
The provision of services with a special needs assisted-living
certificate issued by the New York State Department of Health that
provides memory care services to meet the unique needs of older adults
who have been given a medical diagnosis of Alzheimer's disease or
other recognized forms of dementia, including around-the-clock supervision
and assistance with daily activities, twenty-four-hour security and
supportive services; and/or
Skilled nursing units (SNU); and
Such development shall further include:
A range of medical, health care and social services, including,
among other things, home health care, hospice care, dementia care,
memory care, respite care, rehabilitation services, including on-site
physician's offices;
Amenities, facilities and programs specifically designed to
enhance the length and quality of life of senior residents, including
common dining, recreation, incidental retail, incidental personal
services, and cultural facilities; and
Optional overnight accommodations for the guest(s) of any resident,
only as may be permitted as a condition of the required special permit.
A building or group of buildings under single ownership containing
six or more rooms or suites with independent cooking facilities, providing
short-term lodging to guests, permitted only as an accessory use located
on the same site as the principal use.
The line connecting the street line of the lot with the rear
lot line and running along the side thereof.
A device or combination of devices which relies upon solar
radiation as an energy source and that is employed for the purpose
of heating or cooling a building, the heating of water or the generation
of electricity.
That portion of a building between the surface of any floor
and the surface of the floor next above it or, if there be none, between
the surface of the floor and the ceiling or rafters above it. A basement
shall be counted as a story if the finished floor level directly above
the basement is more than six feet above the average finished grade
of the ground adjacent thereto, or except for one-family residences
if it is used for business purposes other than storage or for dwelling
purposes other than for a janitor or watchman.
A story with at least two opposite exterior sides meeting
a sloping roof at the floor of such story, and the area of the attic
space with a floor-to-rafter height of seven feet or greater is less
than 60% of the area of the floor as measured on the floor directly
below.
A thoroughfare which has been placed and designated on the
Official Map as a street, and which affords the principal means of
access to abutting property.
Synonymous with "front line" and being the line of the lot
coinciding with the line of the street on which it fronts and for
purposes of this chapter disregarding any lines showing lands in the
same ownership lying within the bed of a street.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including but not limited to buildings, signs, swimming
pools, tennis courts.
The working place space or room for creative artists, defined
as and limited to that for a painter, sculptor, or musician who is
the owner and occupant of the main dwelling and shall only be applicable
when no employees are associated with this activity. Tutoring and
instruction, including art, music, voice, musical instrument, shall
be limited to a single pupil at a time.
Any noncommercial private outdoor structure, excavation,
pond, body of water or receptacle for water, having a depth at any
point greater than two feet, together with the apparatus and equipment,
if any, pertaining thereto, used or intended to be used for swimming
or bathing by residents of the premises and their guests, without
charge for admission and not for the purpose of profit, located on
a lot as an accessory use to the residence or dwelling thereon.
An accessory use to a swimming pool constructed for the purpose
of enclosing an outdoor swimming pool in order to enable swimming
without exposure to the elements at such times when the outside temperature
and/or conditions makes unprotected swimming uncomfortable or less
desirable. It is commonly known as a "bubble" and may be used with
or without a heating apparatus.
An accessory use constructed for the purpose of facilitating
the playing of tennis, within the confines of said court and which
requires the erection of a fence, wall or other enclosure or the grading
and/or paving of an area in excess of 3,000 square feet.
A dwelling unit sharing a common side or rear wall or walls
with another dwelling unit or units, but occupying the entire volume
within its portion of the building from the lowest level to the roof,
and having its own separate entrance or entrances to the outside.
Area of a lot devoted to passive recreational use consisting
primarily of grassed, wooded or similar natural or landscaped areas
open to the sky, not covered by impermeable materials, which is permanently
accessible to residents, occupants or tenants and having a minimum
horizontal dimension of 25 feet.
A use customarily incident and subordinate to the principal
use of a lot or building located on the same lot therewith or otherwise
permitted under this chapter to be construed as accessory thereto.
The specific purpose for which land is used or a building
is designed or used or for which it is or may be occupied or maintained.
A building or enclosure used primarily for the storage of
goods, products, cargo and materials and/or which receives, stores
or distributes such goods or materials by boat, rail, air or motor
vehicle.
[Added 9-28-2021 by L.L.
No. 16-2021]
A building or enclosure used only by a single entity primarily
for storage of antiques, artwork, fine wine, or other collectibles
and to which access is typically limited only to employees of such
facility. The principal use of such facility is storage or safekeeping,
generating minimal daily traffic related to the transportation of
stored items. Deliveries and pickups from the facility are typically
handled by smaller vehicles and mid-sized trucks rather than tractor
trailers.
[Added 9-28-2021 by L.L.
No. 16-2021]
The provision of wireless telecommunications services, including
those more commonly referred to as "cellular phones," which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless service" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
Any equipment used in connection with the commercial operation
of wireless telecommunication services, as defined herein, and as
the term "personal wireless services facility" is defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit
and/or receive frequencies, including but not limited to antennas,
monopoles, equipment, appurtenances and structures.
An open space, unoccupied except as permitted under this
chapter, lying between a lot line and a line parallel to such line
and tangent to the nearest part of the principal building.
A yard extending the full width of the lot and lying between
the line of the street upon which the lot fronts, as shown on the
Official Map, and a line parallel thereto, tangent to the nearest
part of the front of the principal building.
A yard extending the full width of the lot, unoccupied except
as permitted under this chapter, lying between the rear lot line and
a line parallel thereto and tangent to the nearest part of the rear
of the principal building.
A yard, unoccupied except as permitted under the chapter,
extending from the inner line of the front yard to the inner line
of the rear yard and lying between a side lot line and a line parallel
thereto and tangent to the nearest part of the principal building.
[Amended 12-17-2009 by L.L. No. 5-2009; 1-20-2011 by L.L. No.
1-2011; 10-19-2011 by L.L. No. 3-2011; 11-2-2011 by L.L. No. 4-2011; 3-30-2015 by L.L. No. 1-2018; 12-15-2020 by L.L. No. 1-2021]
A.
Districts. For the purpose of this chapter, the Village of Briarcliff
Manor is hereby divided into the following classes of districts:
|
Single-Family Residence Districts
| |
|
R80A
|
Minimum lot area: 80,000 square feet
|
|
R60A
|
Minimum lot area: 60,000 square feet
|
|
R40A
|
Minimum lot area: 40,000 square feet
|
|
R40B
|
Minimum lot area: 40,000 square feet
|
|
R30A
|
Minimum lot area: 30,000 square feet
|
|
R20A
|
Minimum lot area: 20,000 square feet
|
|
R20B
|
Minimum lot area: 20,000 square feet
|
|
R12B
|
Minimum lot area: 12,000 square feet
|
|
R10B
|
Minimum lot area: 10,000 square feet
|
|
RT4B
|
Minimum lot area: 7,260 square feet to 10,890 square feet
|
|
Multifamily Residence District
| |
|
R30M
|
Minimum lot area: 5,000 square feet
|
|
EC
|
Eldercare Community Residence District
|
|
Business Districts
| |
|
B1
|
Retail Business
|
|
B1A
|
Retail Business and Residential
|
|
B2
|
General Business, including light industry
|
|
CT1
|
Complementary Use Transition 1
|
|
CT2
|
Complementary Use Transition 2
|
|
CT3
|
Complementary Use Transition 3
|
|
CT4
|
Complementary Use Transition 4
|
|
CT5
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Complementary Use Transition 5
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Central Business Districts
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CB1
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Central Business District 1
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CB2
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Central Business District 2
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B.
Map. The boundaries of such districts are hereby established as shown
on the map entitled "Zoning Map, Village of Briarcliff Manor, New
York, dated April 22, 2020," a copy of which accompanies and is hereby
made a part of this chapter. This map replaces in entirety the Zoning
Map of October 29, 1958, last revised on March 30, 2015, and any of
its predecessors.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of
the Village Clerk.
C.
Boundaries. Except where referenced to a street line or other designated
line shown on the Zoning Map by distance in feet therefrom, the district
lines are intended to follow lot lines, or the center lines of streets,
railroads, streams or aqueducts, or the boundaries of the Village,
and where any district abuts upon the Hudson River, the boundary lines
thereof shall be deemed to extend outward to the boundary of the Village
in such river. In unsubdivided land, or where a district boundary
divides a parcel or lot, the location of such boundary, if not indicated
by dimensions shown upon such map, shall be determined by the use
of the scale appearing thereon.
[Amended 12-15-2020 by L.L. No. 1-2021]
A.
Purpose and adoption. To facilitate public understanding of this chapter and for the better administration thereof, the regulations limiting the use of buildings and land and the location, arrangement, bulk and minimum size of buildings are set forth in the annexed schedule for each of the districts established by § 220-3 of this chapter. Such schedule, hereinafter referred to as the "schedule," is hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter.[1]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
B.
Districts, more restricted or less restricted. In the order of their
vertical placement in the schedule, and unless otherwise noted, districts
shall be deemed to be more restricted than those appearing below them
and less restricted than those appearing above them.
C.
Application. All limitations for any district as to use, percentage
of area, permissible height, required yards and minimum sizes thereof,
minimum sizes of dwellings and all other requirements shall be those
set forth in the schedule which, in the case of each district named,
shall be read across the schedule from left to right. The listing
of any use in the schedule either as being permitted in, or as being
excluded from, any particular district shall be deemed to be an exclusion
of such use from any more restricted district, unless such use is
permitted in such more restricted district under the language set
forth in the schedule applying to such district. Except as may be
specifically provided in other provisions of this chapter, only those
uses specifically listed as being permitted shall be permitted, as
regulated herein, within the Village of Briarcliff Manor.
[Amended 3-21-1996 by L.L. No. 4-1996; 12-19-2002 by L.L. No. 4-2002; 1-19-2006 by L.L. No. 3-2006; 12-15-2020 by L.L. No. 1-2021]
A.
The Board of Trustees may, from time to time, on its own motion,
on petition, or on recommendation of the Planning Board, amend, supplement,
or repeal the regulations and provisions of this chapter or amend
the Zoning Map after public notice and hearing in the manner provided
by the Village Law and the provisions of this section.
B.
All petitions to amend, supplement or repeal the regulations and
provisions of this chapter or to change the Zoning Map shall be submitted
to the Board of Trustees in such form as required by the Board of
Trustees,
C.
Unless rejected by the Board of Trustees in its sole and absolute discretion, any such petition shall be discussed at a public meeting of the Board of Trustees, which shall be subject to public notification requirements as set forth hereinbelow in § 220-5D.
D.
The petitioner shall, at its sole cost and expense, send by certified
mail at least 10 days before such meeting of the Board of Trustees,
a written notice in form and substance deemed acceptable by the Village
Clerk, in consultation with the Building Department, to all abutting
property owners and to all owners of property situated directly across
a street from any property affected by the property which is the subject
of the relief sought in the said petition. Such notice shall include
a plain-English description of the relief sought by the said petition.
Proof of such mailing shall be submitted to the Village Clerk by the
petitioner prior to such meeting in form reasonably acceptable to
the Board of Trustees. Further, the petitioner shall post a sign on
the property which is the subject of the petition in a location so
that it is visible from the nearest public street, at least 10 days
but not more than 20 days prior to Board of Trustee meeting on the
matter. Such signs shall be issued by the Building Department upon
payment by the petitioner of an amount to be set forth in the Village's
Master Fee Schedule by a resolution of the Board of Trustees.
E.
After conducting such meeting, the Board of Trustees may, in its discretion, refer the petition to the Planning Board for a report and recommendation. In its report, the Planning Board shall state its reasons for its recommendation, describing any condition that it believes makes the petition advisable or inadvisable and specifically setting forth the manner in which, in its opinion, the petition would be, or would not be, in harmony with the Comprehensive Plan of land use for the Village and in furtherance of the purposes set forth in § 220-1 of this chapter. The Planning Board shall deliver its report and recommendation to the Board of Trustees within 45 days after the referral. After expiration of the 45 days, unless such time period is extended by the Board of Trustees, the Board of Trustees may take action on any such petition without the report from the Planning Board.
F.
If, after considering any recommendation from the Planning Board, the Board of Trustees decides to further consider the petition, it may, by resolution, fix the time, date and location of a public hearing on the said petition which public hearing shall be subject to the same notice requirements as set forth in § 220-5D above. The failure of one or more affected property owners to receive such notice shall not invalidate any action taken by the Board of Trustees on the proposed amendment.
G.
Prior to the holding of such public hearing, the Village Clerk shall
refer the petition to:
H.
Prior to taking action on the petition, the Board of Trustees shall
comply with the provisions of the New York State Environmental Quality
Review Act (SEQRA) under Article 8 of the Environmental Conservation
Law and its implementing regulations.
I.
In case of a protest against a proposed amendment in accordance with
New York State Village Law § 7-708, such amendment shall
not become effective except by the favorable vote of at least 4/5
of the members of the Board of Trustees.
J.
Notwithstanding any other provision of this chapter, where the Board
of Trustees, by resolution, authorizes a public hearing on a proposed
amendment to this chapter, for a period of 90 days following the date
of such resolution, no permit shall be issued for the erection, enlargement
or alteration of any building or structure or for the occupancy of
any land or building in a manner that would be contrary to the provisions
of the proposed amendment.
K.
The Village Board of Trustees shall not consider any application for amendment to any chapter of the Zoning Code when the property owner of the property under consideration for any amendment is in violation of the Village Code pursuant to Chapter 90, Building Construction and Fire Protection, or if such owner is delinquent with fees for Village services or utilities, taxes, penalty, or interest due at the time of requesting such amendment.
[Amended 3-21-1996 by L.L. No. 4-1996; 5-16-1996 by L.L. No. 6-1996; 5-15-1997 by L.L. No. 2-1997; 5-21-1998 by L.L. No. 2-1998; 8-12-1999 by L.L. No. 6-1999; 12-19-2002 by L.L. No. 4-2002; 5-29-2003 by L.L. No.
3-2003; 1-19-2006 by L.L. No. 3-2006; 6-1-2006 by L.L. No. 6-2006; 12-20-2007 by L.L. No. 9-2007; 8-21-2008 by L.L. No. 2-2008; 2-18-2010 by L.L. No. 1-2010; 10-20-2010 by L.L. No. 4-2010; 1-20-2011 by L.L. No.
1-2011; 6-19-2014 by L.L. No. 1-2014; 3-30-2015 by L.L. No. 1-2018; 12-15-2020 by L.L. No. 1-2021]
A.
Statement of purpose. All uses listed as subject to approval as set
forth in this section are declared to possess characteristics of such
unique and distinct form that each specific use shall be considered
as an individual case, and they shall conform, but not be limited,
to the following general requirements, as well as the pertinent specific
requirements.
B.
General provisions. The special uses listed herein for which conformance
to additional standards is required by this Zoning Chapter shall be
deemed to be permitted uses subject to the satisfaction of the requirements
and standards set forth herein, in addition to all other requirements
as set forth in this Zoning Chapter.
C.
Application, public hearing and general standards. Application for
required special permits, and any required site plan or subdivision
plan related thereto, shall be made to the Village Board. Each such
application shall be referred to the Planning Board for a report,
which report shall be rendered prior to the date of public hearing
on the application, and in its referral, the Board of Trustees may
specify particular questions and issues for the Planning Board to
address in its report. A public hearing for the special permit application
shall be held within 62 days of receipt of a complete application
and shall require the same notice required by law for zoning amendments.
Within 62 days of the close of the public hearing, the Village Board
shall decide whether to approve, approve with modifications or disapprove
the special permit application. The time at which the Village Board
must arrive at its decision may be extended at the request of the
applicant or as necessary for the Village Board to complete all necessary
environmental review requirements pursuant to the State Environmental
Quality Review Act (SEQRA). A copy of the Board's decision shall be
filed in the office of the Village Clerk within five business days
after such decision is rendered, and a copy thereof mailed to the
applicant. The Village Board may authorize the issuance of a permit,
provided that it shall find that all of the following conditions and
standards have been met and may deny such application which in its
judgment is not in accordance with said conditions and standards.
[Amended 9-28-2021 by L.L. No. 16-2021]
(1)
Such use will not prevent or substantially impair: (a) the reasonable
and orderly use of other properties in the neighborhood; or (b) the
reasonable and orderly development of other properties in the neighborhood.
The location and size of the use, including the nature and intensity
of the proposed operations and traffic involved in or conducted in
connection with it, the size of the site in relation to it, and the
location of the site with respect to the type, arrangement and capacity
of streets giving access to it, are such that it will be in harmony
with the appropriate and orderly development of the neighborhood in
which it is located.
(2)
The location, nature and height of buildings, walls and fences, and
the nature and extent of the landscaping and screening on the site,
as existing or proposed, are such that the use will not hinder or
discourage the appropriate development and use of adjacent land and
buildings. Conservation of existing trees, especially specimen trees
or trees of significant aesthetic value, will be given appropriate
consideration.
(3)
Operations in connection with any special use will not be more objectionable
to nearby properties by reason of noise, fumes, vibrations, lighting
or flashing of lights than would be the operations of any permitted
use not requiring a special permit.
(4)
Parking areas will be of adequate size for the particular use properly
located and suitably screened from any adjoining residential uses,
and the entrance and exit drives shall be laid out so as to achieve
maximum safety.
(5)
Each special use shall be of such character, intensity, size and
location that in general it will be in harmony with the orderly development
of the neighborhood in which the property is situated and will not
be detrimental to the orderly development of adjacent neighborhoods.
(6)
Each special use sought in or adjacent to a residential district
shall be so located on the lot involved that it shall not impair the
use, enjoyment and value of adjacent residential properties.
(7)
The nature and intensity of a special use sought in or adjacent to
a residential district and the traffic generated by it shall not be
hazardous, incongruous or detrimental to the prevailing residential
character of the neighborhood.
(8)
Each special use in a business district shall be harmonious with
the district in which its location is sought, shall not create undue
pedestrian or vehicular traffic hazards and shall not include any
display of signs, noise, fumes or lights that will hinder the normal
development of the district or impair the use, enjoyment and value
of adjacent land and buildings.
(9)
Such use will be in harmony with and promote the general purposes
and intent of this chapter.
(10)
The health, safety, welfare, comfort, convenience and order
of the Village will not be adversely affected by the proposed use.
(11)
The site is particularly suitable for the location of such use
in the community. The site area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation thereof.
(12)
Environmentally constrained areas, consisting of slopes above
25%, wetlands and wetland buffers, streams and bodies of water, shall
be deducted from the buildable area of any parcel being considered
for a special permit. The Village Board may allow for environmentally
constrained lands to be restored to the buildable area of a parcel,
if an environmental resource mitigation plan is provided which documents
specific mitigation measures, protection techniques, restoration or
rehabilitation methods, either on- or off-site, that adequately protects
the environmental resource.
(13)
The architectural features and design that may be within the
public view at any time of year shall be of impressive quality, attractive,
and harmonious in style and appearance to other structures within
the site as well as to any neighboring properties.
(14)
The Village Board of Trustees shall not consider any application for a special permit when the property owner of the property under consideration for the special permit is in violation of the Village Code pursuant to Chapter 90, Building Construction and Fire Protection, or if such owner, or applicant, is delinquent with fees for Village services or utilities, taxes, penalty, or interest due at the time of requesting the special permit.
D.
Required application submissions.
(1)
A plan for the proposed development of a site for a permitted special
use shall be submitted with an application for a special permit. The
plan shall be drawn to some convenient scale, and shall show the location
of all buildings, parking areas, traffic access and circulation drives,
open spaces, landscaping, topography, special features, and any other
pertinent information, including such information about neighboring
properties as may be necessary to determine and provide for the enforcement
of this Zoning Chapter.
(2)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any special permit approval that qualifies or authorizes a land development activity as defined in Chapter 184, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184, Article I. The approved special permit shall be consistent with the provisions of Chapter 184, Article I.
(3)
A marketing study shall be provided demonstrating that a viable and
robust market exists for the proposed use.
(4)
An infrastructure and utility study shall be provided demonstrating
that the infrastructural and utility network serving the site is in
good working order, and that adequate capacities exist to support
the proposed use. This study shall include an Inflow and Infiltration
(I&I) analysis and shall document how I&I will be reduced
by a 3:1 ratio, either on or in the immediately vicinity of the site,
or elsewhere in the Village.
(5)
A traffic study shall be provided documenting existing traffic operating
conditions in the vicinity of the site, potential traffic related
impacts of the proposed use, and necessary mitigation measures. This
study shall include measures to enhance public transit to and from
the site.
(6)
A municipal service impact study shall be provided documenting impacts
of the proposed use on municipal services.
(7)
An educational resources impact study shall be provided documenting
impacts of the proposed use on local public schools.
(8)
A fiscal impact analysis shall be provided showing the likely assessed
revenue flowing to the municipality from the proposed development,
compared with the public services and infrastructure costs of the
proposed development to be borne by the municipality. Any proposed
use shall not negatively impact the financial stability of the Village,
or impacted Village school districts, by reducing the anticipated
ten-year tax revenue that would likely be generated by the proposed
use when compared to the likely alternative of rejecting the proposed
use.
(9)
The Board of Trustees may limit or waive, while reserving its right
to require at any time prior to rendering an approval, any of the
above required submissions for any (renewal) special permit application
if the Board of Trustees is satisfied that the application otherwise
meets all required submissions necessary for consideration of approval
under this chapter.
[Added 9-28-2021 by L.L.
No. 16-2021]
E.
Conditions and safeguards. The Village Board shall attach such conditions
and safeguards to the special permit as are necessary to assure continual
conformance to all applicable standards and requirements. The Building
Inspector or any Code Enforcement Officer may provide notice to a
permittee, and subsequently enter any site or structure operating
under special permit to ensure compliance with the conditions therein.
Any special permit issued shall expire and be subject to renewal by
the Board of Trustees no less frequently than every five years, unless
an alternate period is provided by the Board of Trustees as a condition
of such permit, to ensure compliance with all conditions of such special
use. If compliance with all conditions of a special permit is not
confirmed, or any deficiencies of such compliance are not rectified
to the satisfaction of the Board of Trustees within 90 days of notification
to the permittee, or other such deadline as may be extended, the special
permit shall be deemed invalid and terminated. If there are activities
on the property that were not contemplated when the special permit
was approved, or if there is an unanticipated significant increase
in any activity permitted under the special permit, then the Board
of Trustees, in its sole discretion, may require additional mitigation,
and the conditions of the special permit, or any renewal thereof,
may be modified to provide for such mitigation.
[Amended 9-28-2021 by L.L. No. 16-2021]
F.
Time limitations of permit. The Village Board may issue a temporary
special permit subject to adequate guarantees that the use will be
terminated, at the end of the period specified in the Board's approval,
or it may issue a special permit for a stated period, subject to an
application for renewal or extension of said permit.
G.
Expiration. A special permit shall be deemed to authorize only the
particular use or uses specified in the permit and shall expire if
said use or uses shall cease for more than 12 months for any reason.
H.
Existing violations. No permit shall be issued for a special use for a property upon which there is an existing Zoning Chapter violation, or any other violation within the jurisdiction of a Code Enforcement Officer as defined in Chapter 104, Code Enforcement, as may be amended from time to time.
[Amended 6-15-2021 by L.L. No. 9-2021]
I.
Preexisting uses deemed to be conforming. Any lawful use existing
at the time of an amendment of this chapter may be continued and shall
be deemed to be a conforming use; but any modification, change or
extension to any use newly permitted by an amendment to this chapter,
or any increase or expansion of a previously permitted use, shall
be subject to the issuance of a special permit as provided in this
chapter.
J.
Special uses in residence districts.
[Amended 6-15-2021 by L.L. No. 9-2021]
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The following restrictions shall apply to any special use in
a residential district:
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a.
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The lot area shall be not less than five acres and shall have
primary access from, and frontage of no less than 200 feet along,
a state, county, arterial or collector road, as defined by the NYS
Department of Transportation.
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b.
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All buildings and structures shall be set back a minimum of
100 feet from any lot line, except that in no case shall such buildings
and structures be set back less than the any required setback for
its specific use.
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c.
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Lot coverage shall not exceed the greater of 20% and the maximum
percentage permitted for the specific use, whichever is less.
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d.
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Off-street parking applicable to such use shall not be located
in any front yard nor within 50 feet of any side or rear lot line.
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e.
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The above restrictions shall not apply to any property operating
under a valid special use permit existing at the time of adoption
of this chapter.
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(1)
Places of worship. Includes parish houses and religious school buildings,
subject to the following:
(a)
Sanctuary buildings and buildings accommodating public assembly
shall be setback a minimum of 100 feet from all property lines.
(b)
Accessory residential buildings shall be set back a minimum
of 100 feet from all property lines.
(d)
The entrance to all off-street parking lots shall be from an
internal driveway and not from a public street.
(e)
Ancillary uses such as emergency temporary shelter, schools,
food pantries or soup kitchens, clothing or food drop boxes or nonaffiliated
social service activities (AA, drug rehabilitation, counseling services,
etc.) or leasing spaces to other outside groups or organizations is
prohibited, unless specifically authorized by the Village Board or
provided by state or federal law.
(f)
In areas proximate to neighboring residences, noise resulting from public address systems, bells, chimes, clarions, calls to prayer, etc., shall adhere to Chapter 146, Noise, to the extent practicable, and to respect the peace and tranquility of adjacent residential neighbors.
(g)
Exterior site lighting shall not exceed zero footcandles along
all property lines, except at the entrance driveway, where it shall
not exceed one footcandle.
(h)
During holidays, special occasions and when higher-than-normal
attendance is anticipated, special traffic control measures shall
be implemented, in coordination with the Village of Briarcliff Manor
Police Department, and recorded in the special permit.
(2)
Institutions of higher learning operated for profit.
(3)
(Reserved)
(4)
(Reserved)
(5)
Building, for sale of agricultural products. The establishment and
maintenance of a separate building for the sale of only such agricultural
products as have been grown on the same land, provided that:
(6)
Clubs, lodges and other recreational facilities. On lots of five
acres or more, clubs, lodges and social recreational buildings, provided
that:
(a)
Any dance hall, gymnasium, locker room, bowling alley, swimming
pool or ground for games or sports is located at such distance from
any lot line as the Planning Board finds necessary in a particular
case, but in any event not less than 100 feet from any lot line;
(b)
Wherever required, the State and County Departments of Health
certify that such installation complies with their respective codes
and regulations; and
(c)
There is not less than one off-street parking unit for each
three members of a golf, swimming or country club and one such unit
for each five members in other clubs or lodges.
(d)
Any use of such facilities for private parties or other use
by non-members may be subject to reasonable additional conditions
provided in the permit for special use.
(7)
Convalescent or nursing home or homes for the aged. On lots of five
acres or more, a convalescent or nursing home or a home for the aged,
provided that:
(a)
Such home is located at least 75 feet from any street or lot
line and contains accommodations for not more than 10 patients or
staff members per acre; and
(b)
There is provided not less than one off-street parking unit
for each medical or nursing staff member, one unit for each three
beds for patients or guests and one unit for each two service employees.
(8)
Hospitals and other philanthropic institutions. On lots of 400,000
square feet or more hospitals, sanitariums or philanthropic or eleemosynary
institutions other than those for correctional purposes, provided
that:
(a)
(Reserved)
(b)
Any building so used is located at least 100 feet from any lot
line;
(c)
The total population therein, including patients and staff,
does not exceed 10 persons per acre; and
(d)
There is provided not less than one off-street parking unit
for each medical or nursing staff member, one unit for each three
beds for patients or guests and one unit for each two service employees.
(9)
Conversion to multifamily occupancy. On lots of 10 acres or more,
the conversion of a residential building in existence at the time
of the enactment of this chapter to a multifamily use, provided that:
(a)
The number of dwelling units therein does not exceed the lot
area thereof divided by the minimum lot area per family specified
in the schedule for the district in which it is situated;
(b)
Such building is located at least 100 feet from any side or
rear lot line;
(c)
The average livable floor area per dwelling unit therein is
not less than 750 square feet; and
(d)
There is provided one off-street parking unit for each dwelling
unit therein.
(10)
Privately operated nursery schools.
(a)
Ancillary to another special permit use in a residential district
under this section and organized under either the New York Business
Corporation Law, Partnership Law or the Limited Liability Company
Law, with the consent of the Commissioner of Education of the New
York State Education Department, provided that the nursery school:
[1]
Is for the care and/or instruction of six or more children,
who are up to seven years in age, for up to six hours daily, such
children not to live on the premises;
[3]
Minimum lot size: two acres;
[4]
Minimum enclosed play space per pupil: 50 square feet;
[5]
Enclosed play space located at least 75 feet from any side or
rear lot line;
[6]
Minimum of eight off-street parking units with four additional
units for each classroom exceeding one; and
[7]
At a minimum, the nursery school must comply with the following
safety features and must receive a positive health inspection report
from the Westchester County Department of Health: separate girls'
and boys' bathrooms, posted evacuation routes, illuminated fire exit
sign and fire extinguishers.
(b)
Prior to occupancy and/or use of such nursery school pursuant
to this subsection, the property owner shall notify each municipal
Assessor with jurisdiction over the premises of the change in use
to "for profit" for which a special permit is granted. Each municipal
Assessor shall make such real property tax adjustments, reassessments
and/or determinations as may be appropriate and lawfully permitted
as a result of such nursery school's occupancy and/or use of the premises
on a for-profit basis.
(11)
Museums and art galleries. On lots of two acres or more museums
and art galleries, provided that:
(12)
(Reserved)
(13)
(Reserved)
(14)
Senior care community within the R60A and R80A Residential Districts. The Village Board may grant a special permit for construction and operation of a senior care community, as defined in § 220-2 of this Code, as a permanent institutional use, subject to the following standards and requirements set forth below:
(a)
Notwithstanding the criteria set forth in the Schedule Limiting
the Use of Buildings and Land and the Location, Arrangement, Bulk
and Size of Buildings,[1] the following parameters shall govern the establishment
of any senior care community:
[1]
Minimum size of lot. The minimum size of the lot on which a
senior care community may be established shall be 50 acres.
[2]
Maximum density. No more than six ILUs per acre or 10 residents
per acre shall be permitted in any senior care community.
[3]
Dimensional requirements applicable to senior care community
development. The size of any building and development situated in
a senior care community in the R60A or R80A District shall conform
to the R60A or the R80A District requirements, respectively, except
as set forth herein:
[a]
The maximum gross floor area ratio shall not exceed
0.35. For the purposes of this section, below-grade parking areas,
loading areas, cellars, balconies, mezzanines and storage or mechanical
spaces shall not be considered as floor area.
[b]
The maximum building coverage shall not exceed
10%, excluding any structures or portions thereof used for Village
purposes.
[c]
In addition to the requirements of Subsection C, the Village Board shall establish the appropriate location, arrangement, length, width and height of the building(s) on the property, with specific consideration to the visual impact of the development on the surrounding properties.
[d]
At least 75% of the land shall be maintained as
open space, unoccupied by any buildings or aboveground parking areas,
other than those used for Village purposes. Any calculation of open
space on the property shall include any land available for public
recreational use.
[e]
A minimum setback of 125 feet shall be provided
along all portions of the land abutting any public street line. Such
setback shall be appropriately planted and properly maintained, as
detailed in any relevant special permit conditions.
[f]
Notwithstanding the provisions of the Schedule
Limiting the Use of Buildings and Land and the Location, Arrangement,
Bulk and Size of Buildings, Exceptions and Modifications,[2] Subsection 1(c), as to height, the maximum building height
shall not exceed 10 stories.
[2]
Editor's Note: The Schedule is included as an attachment to this chapter.
[1]
Editor's Note: The Schedule is included as an attachment to this chapter.
(b)
Required findings. In addition to the requirements of Subsection C, the Village Board of Trustees shall make each and every one of the following findings:
[1]
The proposed senior care community will preserve large contiguous
areas as open space.
[2]
The proposed senior care community will increase and diversify
the tax base with relatively little impact on Village services.
[3]
The proposed senior care community will provide alternate forms
of housing to meet the changing needs of Village and area residents
and allow residents to remain in Briarcliff Manor.
[4]
There will not be an overabundance of such facilities or other
age-restricted housing within the Village.
[5]
The proposed senior care community is needed and appropriate.
(c)
Off-street parking and loading.
[1]
Off-street parking requirements. The minimum off-street parking
requirements for a senior care community shall be based upon the following,
as may be deemed appropriate by the Board of Trustees, which, in the
exercise of its administrative discretion, may reduce such requirements:
[2]
Off-street loading. In connection with the issuance of the special
permit for the senior care community, the Village Board shall ensure
that appropriate loading areas are provided in suitable locations
to properly service the needs of the senior care community.
[3]
Design and layout. In connection with the design and layout of any parking or loading areas, the approving agency shall be guided by the provisions of § 220-12 of the Zoning Law and may grant waivers from compliance with the provisions of § 220-12C(6), entitled "Landscaping within parking areas," in the interest of achieving an appropriate layout and design for the operation of the senior care community in any development where structured parking is provided below the grade of the first story of the principal building served thereby.
(d)
Other requirements. In addition to the special standards described above, to the extent not inconsistent herewith, a senior care community shall comply with all other requirements of the Zoning Law of the Village of Briarcliff Manor, including but not limited to the special permit use provisions detailed in § 220-6 and the Schedule Limiting the Use of Buildings and Land and the Location, Arrangement, Bulk and Size of Buildings.[3]
[3]
Editor's Note: The Schedule is included as an attachment to this chapter.
(15)
Large-scale solar collection system ("solar farms").
[Added 9-28-2021 by L.L.
No. 16-2021]
(a)
Large-scale solar collectors may be permitted in all residential zoning districts, shall comply with Chapter 178, and shall meet the following additional requirements:
[1]
The total development coverage of all buildings and structures
on a lot, including freestanding solar panels which shall be measured
in terms of surface area for the purpose of calculating coverage,
shall not exceed 75%.
[2]
Height, setback and lot area restrictions.
[a]
The minimum lot area shall be 400,000 square feet.
[b]
The maximum height for freestanding solar panels
located on the ground or attached to a framework located on the ground
shall not exceed the greater of i) 20 feet and ii) the maximum height
for an accessory structure of the building zone of the underlining
property, and in all cases shall not exceed the minimum height necessary
to operate adequately.
[c]
The minimum setback from property lines for all
solar collectors and equipment shall be 200 feet.
[d]
A landscaped buffer shall be provided around all
solar collectors and equipment to provide screening from adjacent
properties and roads.
[3]
Design standards.
[a]
Removal of trees and other existing vegetation
should be minimized or offset with planting elsewhere on the property.
A reforestation plan requiring two trees to be planted on-site to
replace each tree removed, or a plan requiring a ratio of more than
two replacement trees located at other areas within the Village for
each tree removed on-site or other such plan as may be approved by
the Planning Board, shall be implemented according to a schedule approved
by the Planning Board.
[b]
All on-site utility and transmission lines shall,
to the extent feasible, be placed underground.
[c]
All solar collectors and mechanical equipment,
including any structure for batteries or storage cells, shall be enclosed
by a minimum six-foot-high fence with a self-locking gate provided
with landscape screening.
[d]
A large-scale solar collector to be connected to
the utility grid shall provide a proof of concept letter from the
utility company acknowledging the solar farm will be connected to
the utility grid in order to sell electricity through the public utility.
Such information should be included as part of the building permit
application.
[5]
Abandonment.
[a]
All applications for a large-scale solar collection
system shall be accompanied by a decommissioning plan to be implemented
upon abandonment, or cessation of activity or in conjunction with
removal of the facility, prior to issuance of a building permit.
[b]
The decommissioning plan must ensure the site will
be restored to a useful, nonhazardous condition without delay, including,
but not limited to, the following:
[i]
Removal of above-ground and below-ground equipment,
structures and foundations.
[ii]
Restoration of the surface grade and soil after
removal of equipment.
[iii]
Revegetation of restored soil areas with native
seed mixes, excluding any invasive species.
[iv]
The plan should include a time frame for the completion
of site restoration work.
[c]
In the event that the facility is not completed
and functioning within 18 months of the issuance of the final special
permit approval, the Village may notify the operator and/or the owner
to complete construction and installation of the facility within 180
days. If the owner and/or operator fails to perform and unless documentation
is provided from the utility, the Village may notify the owner and/or
operator that failure to complete construction has been deemed to
constitute an abandonment, and the Village may require the owner and/or
operator to implement the decommissioning plan.
[d]
Upon cessation of activity of a constructed facility
for more than 12 consecutive months, the Village may notify the owner
and/or operator of the facility to implement the decommissioning plan
at the owner's expense. In the event the owner fails to complete such
decommissioning plan, the Village may effect such decommissioning,
and any costs and resulting expenses incurred by the Village shall
be charged to the owner of the property. In the event that the amount
due to the Village by the owner is not paid within 30 days following
notification by the Village, the costs and expenses shall become a
lien upon the property involved and shall be added to, and become
part of, the property taxes next to be assessed and levied upon such
property by the Village and shall bear interest at the same rate as,
and be collected and enforced in the same manner as, taxes.
K.
Special uses in a B1 Retail Business District or a B1A Retail Business
and Residential District.
(1)
Any special use permitted in a residential district.
(2)
Parking lot. Parking lot operated for gain for the storage of private
passenger vehicles but not for storage of used or new motor vehicles
for sale or for hire, provided that:
(3)
Bus terminal. Bus terminal, provided that:
(a)
There is no loading or unloading of any bus in a public street;
(b)
Sufficient loading and unloading areas adjacent to a covered
platform of the terminal are provided to accommodate the maximum number
of buses operating at any time;
(c)
Sufficient off-street parking area is provided to accommodate
all buses within the terminal area actually in use at any one time;
(d)
Sufficient off-street parking space is provided to accommodate
at peak operations private cars delivering or waiting to pick up passengers
arriving or departing by bus; and
(e)
The location of all entrances and exits and the adequacy of
all approach and turning areas and of all street parking loading areas
are approved by the Chief of Police and the Village Engineer prior
to the issuance of any permit.
(4)
Floor area of any enclosed structure for sale of goods at retail,
or performance of customary personal service or services clearly incidental
to retail sales, primarily for the convenience of the inhabitants
of the Village and the immediate locality, or a designed group of
such retail establishments used for merchandising or personal service
in excess of that which, under this chapter, requires 100 off-street
parking spaces may be permitted if situated on the same lot or lots
aggregating in excess of two acres that together form a single functional
shopping center, upon the determination by the Board of Trustees that:
(a)
At least 4.5 parking spaces per 1,000 square feet of floor area
shall be provided for such retail establishment or designed group
of such retail establishments.
(b)
The requirement of 4.5 parking spaces per 1,000 square feet
of floor area may be reduced by the Board of Trustees if the applicant
demonstrates and the Board of Trustees finds that the capacity of
such on-site parking is sufficient to meet the demands of such retail
establishment or designed group of such retail establishments by reason
of the provision of nonreserved parking spaces and variation in the
probable time of maximum use by visitors, patrons and employees of
such use(s), but:
[1]
In connection with existing uses, the Board of Trustees shall
require a parking accumulation study to be prepared during peak-hour
utilization to demonstrate that sufficient parking spaces exist so
that no overflow parking is likely to occur in any public street;
[2]
Any reduction in parking granted by the Board of Trustees below
the 4.5 spaces per 1,000 square feet of floor area shall be provided
in land-banked areas indicated on an approved site plan; and
[3]
Notwithstanding the provisions of § 220-6K(4)(a) above, at no time shall any such parking requirement be reduced to less than four parking spaces per 1,000 square feet of floor area.
(c)
Traffic access to, from and within any such retail establishment
or designed group of such retail establishments shall be from a public
street of adequate capacity and design to safely and conveniently
accommodate the expected traffic from such use.
(d)
Any change in use of more than 10,000 square feet of floor area
shall require:
[1]
If land-banked parking units are available:
[a]
Amendment on reapproval of the special use permit by the Board of Trustees in accordance with § 220-6K(4); and
[b]
If less than 4.5 spaces per 1,000 are to be provided,
submission of a parking accumulation study for referral to and recommendation
from the Planning Board, and if the Planning Board determines on the
basis thereof that additional parking spaces are required to accommodate
the demand of such use, land-banked spaces shall be made available
for use.
M.
Special uses in Complementary Use Transition CT Zoning Districts.
Properties in the Village of Briarcliff Manor that are located within
the CT zoning districts are unique in their location, configuration,
environmental constraints, relationship to surrounding uses, access,
infrastructure and prior use. Repurposing these properties to support
their reuse in an appropriately scaled, sustainable and economically
viable manner that is complementary with surrounding uses is the goal
of the Village. All uses permitted in the CT zoning districts are
established as special permit uses, subject to the regulatory controls
and standards set forth herein.
(1)
Special permit criteria applicable for any use within any CT district:
(a)
No special permit use shall be permitted that creates an opportunity
to assemble additional parcels, thereby expanding the use to adjacent
properties, unless such use is already permitted on the adjacent property.
(b)
Parking stalls shall not be located within the minimum front
yard or within 50 feet from any property line. All parking areas shall
be screened and buffered by landscaping. A minimum ten-foot landscaped
strip shall abut all parking areas, consisting of staggered evergreen
plantings. Additionally, landscaped islands shall be provided in all
parking lots containing 25 or more spaces, at a ratio of 15 square
feet per parking space. This landscaping shall include shade trees
to reduce the heat island effect resulting from large paved areas.
To reduce impervious surface coverage, pervious pavers may be utilized
in less heavily trafficked portions of the parking lots, but not in
travel aisles, subject to the approval of the Village Board.
(c)
Access for trucks and service vehicles shall include loading
bays adjacent to or within buildings, which bays shall not be located
within required parking lots or within the required minimum front
yard. The minimum dimensions of a loading bay shall be 10 feet in
width by 30 feet in depth and 14 feet in height.
(d)
The limited permitted uses for any property situated within each CT district shall be specified within Chapter 220, Table 3.[4]
[4]
Editor's Note: Table 3 is included as an attachment to this chapter.
(e)
All minimum lot sizes, lot limitations and dimensions, setback requirements, maximum building heights, maximum lot coverage, and other development restrictions shall be consistent with the requirements of Chapter 220, Table 4, as may be amended,[5] unless otherwise specified in this chapter.
[5]
Editor's Note: Table 4 is included as an attachment to this chapter.
(f)
Any development on a lot within any CT district shall preserve
the minimum usable open space expressed as a percentage of land specified
in Table 4, as may be amended, which shall include as open space any
areas of steep slopes, wetlands, natural buffer areas, and any other
portions of the lot undisturbed by buildings, roadways, parking, or
other impervious surfaces.
(g)
Building area. The sum of the combined total gross floor areas
of all floors in principal and accessory buildings shall not exceed
40% of the lot area.
(h)
In the CT1 and CT3 Zoning Districts, which contain large parcels,
mixed-use developments are encouraged.
(2)
Additional special permit criteria applicable for specific uses within
CT districts:
(a)
Office.
[2]
A minimum of 10% of the total number of parking spaces on the
site are reserved for the exclusive use of visitors in such locations
as are determined by the Planning Board;
[3]
Food service is available at the site for the use of the tenants,
provided that such food may be prepared on- or off-site and provided,
further, that where the building consists of less than 50,000 square
feet of non-warehouse space, the Planning Board may waive this requirement.
[4]
The employee population of the entire site shall not exceed
one employee per 250 gross square feet of floor area of the principal
office building or buildings as identified on the required site plan;
[5]
The owner/landlord of the site shall, within 10 days prior to
the commencement of occupancy of any tenant, or as part of any application
for a building permit to demise a tenant space, certify to the Building
Inspector the maximum employee population of that tenant and of the
then total employee population of the site, and shall also annually
certify the total employee population of the site.
(b)
Research laboratory, biomedical and biotech facilities.
[1]
No research laboratory shall be permitted which may be expected:
[2]
Pilot plants for the testing of manufacturing, processing or
fabrication methods or for the testing of products or materials shall
be permitted only as accessory to a research laboratory, and in no
case shall more than 30% of the total floor area be devoted to such
uses. No materials or finished products shall be manufactured, processed
or fabricated on said premises for sale, except such as are incidental
to said laboratory research, design or experimental work.
[3]
No manufactured or commercial explosives or hazardous chemicals
shall be kept, maintained or stored on said premises except in small
quantities for laboratory research, design or experimental use, and
then only in compliance with all applicable federal, state and local
safety statutes. An inventory of all such materials shall be complied,
updated regularly and supplied to the Fire Department annually.
[4]
Animals may be kept or maintained when necessary for laboratory
research, design or experimental work in a vivarium or similar facility,
but only after specific authorization by the Village Board, which
shall limit the number and kind of animals, designate the place for
keeping of such animals, impose regulations recommended by the County
Health Department and provide for suitable safeguards, including fencing
and landscaping, to protect the public health, safety and welfare.
[5]
Warehouse use shall only be permitted if a determination is
made by the Village Board that such use will not result in an adverse
traffic condition, as defined by a reduction in adjacent intersection
level of service by one classification (i.e., A to B or C to D, etc.).
[6]
Nothing herein shall permit any research, development, manufacture,
or distribution related to virology that may be hazardous to the general
public.
[7]
A minimum 100-foot undisturbed wooded buffer setback shall be
preserved around the perimeter of the existing parcel. The only permitted
encroachment into this buffer shall be for access roadway(s) and utilities.
[8]
Loading. Access for trucks and service vehicles shall include
loading bays adjacent to or within buildings, which bays shall not
be located within parking lots or within the required yards. The minimum
dimensions of a loading bay shall be 10 feet in width by 30 feet in
depth and 14 feet in height.
[9]
Off-street parking shall be provided in accordance with § 220-12, except that the required number of off-street parking spaces shall be one space for each 400 square feet of gross floor area.
[10]
The entrance to all off-street parking lots shall be from an
internal driveway, and not from a public street.
(c)
Data storage.
[1]
A minimum fifty-foot undisturbed wooded buffer setback shall
be preserved around the perimeter of the existing parcel. The only
permitted encroachment into this buffer shall be for access roadway(s),
and utilities.
[2]
Off-street parking shall be provided in accordance with § 220-12, except that the required number of off-street parking spaces shall be one space per employee.
[3]
Any extraordinary utility demands shall be identified, and an
assessment regarding the adequacy of existing services, or required
upgrades, shall be provided.
[4]
Antennas used to transmit or receive data shall be setback from
all property lines by 350 feet and shall be fully screened and buffered
by robust landscaping from all adjacent residences and public streets
or viewpoints.
(e)
Medical office, outpatient and ambulatory care facilities.
[1]
The minimum size of a lot for a medical office, outpatient and
ambulatory care facility shall be 200,000 square feet in CT2 and 400,000
square feet in all other CT districts.
[2]
Off-street parking shall be provided in accordance with § 220-12, except that the off-street parking requirement shall be one space per 200 square feet of gross floor area or four space per patient room, whichever is greater.
[3]
A patient pickup/dropoff area shall be provided that is located
outside travel aisles, fire lanes, and in close proximity to the primary
building entrance. This area shall accommodate a minimum of three
vehicles and also be sized to accommodate an ambulance.
[4]
The primary building entrance shall be protected by a weatherproof
enclosure or canopy.
[5]
Pedestrian circulation through the parking lot shall be well
organized, and a minimum of one protected pedestrian pathway located
outside vehicle travel lanes shall be provided to the primary building
entrance. All crossings of vehicle travel lanes shall occur within
a crosswalk defined by paint, alternative paving, raised surface or
other measures. All pedestrian circulation pathways shall be ADA compliant.
[6]
Pedestrian pathways shall be adequately lighted and appropriately
signed.
(f)
Fitness club, training facilities.
(g)
Self-storage facilities.
[1]
The use is limited to individual storage units or compartments.
[2]
Storage units shall be a minimum of 50 square feet and shall
not exceed 300 square feet.
[3]
Storage units shall not be used for manufacture, fabrication,
processing, vehicle or equipment repair or similar activities or to
conduct retails sales of any kind or any other commercial activity
on the site.
[4]
No outside storage shall be permitted.
[5]
The building shall be designed to have an architectural character
that is harmonious with the surrounding neighborhood and minimizes
the historically negative appearance of such facilities. Building
colors shall be neutral or earth-tone and shall not call attention
to the use. Exterior walls visible from a public street shall not
include metal as the primary material.
[6]
All self-storage facilities shall include continuous video surveillance
of all indoor and outdoor common areas.
[7]
The hours of access to a self-storage facility shall be restricted
to the hours between 6:00 a.m. and 10:00 p.m., or as further limited
by the Planning Board or Board of Trustees.
[8]
All garage or roll-up doors serving individual storage units
shall be adequately screened, preferably by natural plantings, or
located to minimize visual impacts from surrounding properties and,
where possible, from public roadways.
[9]
No less than 20% of the front facade shall consist of a nonreflecting
glazing material.
[10]
Fencing shall be masonry, wrought iron, steel, wood or aluminum
and shall be painted or vinyl-coated with colors that complement the
building.
[11]
High-security fencing, razor ribbon or similar materials is
prohibited.
[12]
All multistory self-storage facilities shall have elevators.
[13]
No more than 10% of individual storage units shall be directly
accessible from the exterior of the building.
[14]
Ninety percent of all units shall only be accessible from the
interior of the building.
[15]
The self-storage facility shall contain sprinklers if required
by NYS Code.
[16]
No self-storage facility in any CT Zoning District shall exceed
100,000 square feet of storage space or include more than 500 storage
units.
[17]
A self-storage facility shall have frontage on, and direct access
to, a state or county roadway.
(h)
Museum or art gallery.
[1]
The minimum size of a lot for a museum or art gallery shall
be 10,000 square feet and shall only be permitted as part of a mixed-use
development.
[2]
A museum or art gallery shall comply with the provisions of § 220-6J(11); except that off-street parking shall be provided in accordance with § 220-12, except that the off-street parking requirement shall be 10 spaces plus one additional space per 350 square feet of floor area above 2,000 square feet. This provision shall supersede § 220-6J(11)(b).
(i)
Light manufacturing uses.
[1]
Light manufacturing uses, which may include fabrication, processing,
converting, altering, assembling or handling of products, shall document
to the satisfaction of the Village Board that the operation will not
result in:
[a]
The dissemination of dust, smoke, observable gas
or fumes, odor, noise, vibration or excessive light beyond the immediate
vicinity of the building in which such use is conducted.
[b]
Menace by reason of fire, explosion or other physical
hazard, including radiation or electrical disturbance.
[c]
A harmful discharge of waste materials.
[d]
Unusual traffic hazards or congestions due to the
type of vehicles utilized.
[2]
Office use is permitted as accessory component to the light
manufacturing use and shall not occupy more than 25% of the gross
floor area.
[3]
The following uses are specifically prohibited:
[a]
Retail sales to the general public, except as an
incidental use as approved by the Planning Board.
[b]
The slaughtering or processing of animals, fowl
or fish or component thereof or manufacture of any commodity, a major
part of which is animal or fish matter.
[c]
The manufacture of heavy chemicals such as, but
not necessarily limited to, acids or other corrosives, ammonia and
caustic soda; the manufacture of basic or semi-finished chemicals
such as, but not necessarily limited to, cellulose products, resins,
dyestuffs, glues, vegetable, animal or mineral fats or oils, explosives,
soaps and detergents, fertilizers, combustible gases and asphalt and
tar products; the manufacture or production of primary metals or alloys
in ingot or stock form; the manufacture or production of cement, plaster
and their constituents, matches, paints, linoleum and oilcloth, rubber
and rubber products.
[4]
Off-street parking shall be provided in accordance with § 220-12, except that the parking requirement for a light manufacturing use shall be one space per 1,000 square feet of gross floor area, or one space per employee, whichever is greater.
[5]
Ventilators, skylights, water tanks, bulkheads, chimneys, necessary
mechanical appurtenances and similar features not used for human occupancy
and usually carried above the roof level may extend an additional
15 feet above the roof level of a building, but the total area of
all such features shall not exceed 25% of the roof area. The height
of chimneys for heating and power houses and the height of individual
water towers may be increased above the limitations of this section,
provided that these structures are set back an additional 100 feet
from all property lines for each additional 20 feet of height or part
thereof. The height limitations of this section shall not apply to
radio antennas when accessory to the principal use, except that no
more than one such antenna shall be erected on any site, and the height
of such an antenna shall not exceed 100 feet above the ground.
[6]
When multiple light industrial buildings are proposed, the distance
between any two buildings shall be at least equal twice the height
of the taller of said buildings.
[7]
The building shall be designed to have an architectural character
that is harmonious with the surrounding neighborhood and minimizes
the historically negative appearance of such facilities. Exterior
walls visible from a public street shall not include metal as the
primary material.
[8]
A light manufacturing use shall not exceed 75,000 square feet
in gross floor area. The Board of Trustees may allow for an increase
in the minimum allowable square footage for light manufacturing uses
that are determined to be compatible with the surrounding neighborhood
and provide no adverse impacts.
(j)
Retail (including experiential retail), shopping center.
[1]
Permitted uses within a retail shopping center include retail,
experiential retail, retail service, restaurant, carry-out food establishment,
theater, health club, nursery school, tutoring, general practice walk-in
medical clinic.
[2]
The off-street parking requirement for a retail shopping center
shall be composed of combination of the requirements for each individual
use.
[3]
Off-street parking shall be provided in accordance with § 220-12, except that:
[a]
The parking requirement for a general practice
walk-in medical clinic shall be one space per 200 square feet of gross
floor area or four space per patient room, whichever is greater.
[b]
The parking requirement for a health club shall
be five spaces for each 1,000 square feet of gross floor area.
[c]
The parking requirement for a tutoring use shall
be two spaces for each tutor.
[4]
Retail shopping centers must have frontage on, and shall have
its primary site entrance on, a state or county roadway. No more than
one primary site entrance shall be permitted. This entrance shall
be sited in consultation with the NYSDOT, and a traffic light warrant
analysis shall be provided to determine if a traffic signal is required.
(k)
For-profit clubs, lodges and recreational facilities.
[1]
Clubs, lodges and recreational facilities shall comply with the provisions of § 220-6J(6), except that the Board of Appeals referenced in § 220-6J(6)(a) is hereby replaced with the Village Board.
[2]
The entrance to all off-street parking lots shall be from an
internal driveway and not from a public street.
[3]
Areas for outdoor events or activities shall be specifically
defined by landscaping, fencing or other measures, and shall not be
located closer than 100 feet from any property line.
(l)
Hotels.
[1]
(Reserved)
[2]
A hotel shall be limited to usual hotel activities as defined
herein and accessory uses incidental to the operation of the hotel,
and of the same general character, including but not limited to the
following, provided that all accessory uses are planned as an integral
part of the hotel and located on the same site:
[a]
One dwelling unit with or without kitchen facilities
for the use of the hotel manager and/or caretaker and family.
[b]
Restaurants, lounges and banquet rooms serving
either hotel guests exclusively or the general public, provided that
no music or other sound is audible beyond the lot on which the use
is located.
[c]
Fitness and recreational facilities including pools,
courts, play areas, game and recreation rooms.
[d]
Automobile parking garages.
[e]
Office space.
[f]
Business center.
[3]
Hotel sleeping rooms shall not be interconnected by interior
doors in groups of more than two.
[4]
Each sleeping room shall have an area, exclusive of bathroom
and closet space, of a minimum of 225 square feet.
(m)
For-profit private institutions of higher learning.
[1]
An institution of higher education shall be operated in accordance
with the Education Law of the State of New York.
[2]
The institution must be a privately owned and operated facility,
not a member of the SUNY system nor a religious institution.
[3]
Athletic fields, grandstands and bleachers shall be set back
from all property lines by at least 300 feet and shall be screened
and buffered by robust landscaping.
[4]
Noise generated by outdoor events, concerts and athletic activities shall fully comply with Chapter 146, Noise, and extensive outdoor public address systems are prohibited.
[5]
The minimum distance between buildings shall be twice the height
of the taller building.
[6]
Dormitories or dwellings shall be limited exclusively to students,
teachers or other members of the staff of the institution of higher
learning. A dormitory or dwelling shall not subsequently be sold or
rented as private residence or for any other legal use unless the
building and any required lot surrounding it shall meet all regulations
of the R60A District.
[7]
Off-street parking shall be provided in accordance with § 220-12, except that:
[a]
One off-street parking space shall be provided
for each teacher and other staff member of the institution of higher
learning and one additional space for each five students.
[b]
For auditoriums, gymnasiums, grandstands and other
gathering places, one off-street parking space shall be provided for
each five seats.
[c]
The Village Board may approve the design of a parking
area to serve more than one use, provided that such uses will require
parking facilities at different times. Parking areas shall be located
at least 75 feet from all property lines.
[8]
Access and interior drives on the school site shall be located
so as to prevent unnecessary traffic on local residential streets
and to avoid unsafe conditions and traffic congestion.
[9]
Suitable fencing, landscaping and screening shall be provided
to prevent any nuisance to surrounding properties and to protect the
students attending the school.
[10]
The requirement to provide a market study pursuant to § 220-6M(1)(f) shall apply to for-profit institutions of higher learning, unless otherwise required as part of the SEQRA review process.
[11]
A fiscal impact analysis shall be provided documenting that
the real estate taxes generated by the use will adequately offset
the municipal service costs.
(n)
Nursery school.
[1]
A nursery school shall comply with the provisions of § 220-6J(10)(a), except that:
[a]
The minimum lot area shall be set forth in Table
4 of this chapter.[6]
[6]
Editor's Note: Table 4 is included as an attachment to this chapter.
[b]
The enclosed outdoor play space shall be located
not less than 100 feet from any side or rear lot line.
(o)
Specialty warehouse.
[Added 9-28-2021 by L.L. No. 16-2021]
[1]
Warehouse space shall be used by a single entity to store antiques,
artwork, fine wine, or other collectibles.
[2]
Access to the facility shall be limited to employees, owners
of the collectibles stored therein, and their agents and representatives.
[3]
No manufacturing, fabrication, processing, vehicle or equipment
repair, or similar commercial activities shall be permitted on-site.
[4]
The principal purpose of the facility shall be long-term storage
and retrieval of collectibles, not temporary holding for local resale
or redistribution to the general public.
[5]
No outside storage shall be permitted.
[6]
A landscaped buffer including evergreen screening shall be provided
of such type, size and arrangement as approved by the Planning Board
for the purpose of providing adequate screening from adjacent properties.
The Planning Board may permit the use of fencing in lieu of, or in
addition to, natural plantings for such screening where, in the Planning
Board's sole discretion, natural plantings would not be a viable long-term
solution for such screening.
[7]
Off-street parking shall be provided in accordance with § 220-12, except that the required number of off-street parking spaces shall be one space per employee.
[8]
Any extraordinary utility demands shall be identified, and an
assessment regarding the adequacy of existing services, or required
upgrades, shall be provided.
[9]
Any noise generated from heavy demand of HVAC equipment or generators for emergency or backup electrical service shall comply with Chapter 146, Noise.
[10]
The building shall be designed to have an architectural character
that is harmonious with the surrounding neighborhood and minimizes
the historically negative appearance of such facilities. Building
colors shall be neutral or earth tone and shall not call attention
to the use. Exterior walls visible from a public street shall not
include metal as the primary material.
[11]
All warehouse facilities shall include continuous video surveillance
of all indoor and outdoor common areas.
[12]
The hours of access to a warehouse facility shall be restricted
to the hours between 6:00 a.m. and 10:00 p.m., or as further limited
by the Planning Board or Board of Trustees.
[13]
All garage or roll-up doors shall be adequately screened, preferably
by natural plantings, or located to minimize visual impacts from surrounding
properties and, where possible, from public roadways.
[14]
No less than 20% of the front facade shall consist of a nonreflecting
glazing material.
[15]
Fencing shall be masonry, wrought iron, steel, wood or aluminum
and shall be painted or vinyl coated with colors that complement the
building.
[16]
High-security fencing, razor ribbon or similar materials are
prohibited.
[17]
All multistory self-storage facilities shall have elevators.
[18]
The warehouse facility shall contain sprinklers, if required
by NYS Code.
[19]
No vehicle regularly providing delivery to and from the facility
shall include detachable trailers or be longer than 28 feet. The Planning
Board may impose additional restrictions and limitations on any delivery
vehicles servicing a particular location.
[20]
Properties shall include sound barriers or design features to
minimize all vehicle noise, including any backup alarms or any audible
warning signal, from neighboring properties.
(p)
For-profit hospital.
[2]
Permitted hospitals shall be limited to:
[a]
Hospitals treating physical ailments, excluding
any facilities primarily focused on psychiatric care, addiction, alcoholism,
or mental disorders.
[b]
Acute rehabilitation hospitals, providing short-term
medical, health-related, social, and/or vocational services to disabled
individuals to help them attain their maximum functional capacity.
[c]
Other specialty hospitals providing a limited range
of services (e.g., orthopedic surgery, ophthalmology, cardiovascular
treatment, or obstetrics) and, notably, not providing full-service
general hospital care, such as general acute care, emergency or trauma
services.
(q)
Short-term executive housing.
[1]
Short-term executive housing shall only be permitted as an accessory
use located on the same site as the principal use.
[2]
Short-term executive housing shall be designed to accommodate
business travelers on extended assignments and relocated employees
who are in the process of securing long-term housing.
[3]
Occupancy shall be limited to six consecutive months and not
exceed six total months in any one calendar year.
[4]
Extensions of stay beyond the six-month limit may be approved
by the Building Inspector, subject to a written request, for an additional
period not to exceed six months.
[5]
A short-term executive housing facility may consist of a single
building or multiple buildings.
[6]
In no instance may a short-term executive housing facility contain
more than 25 units.
[7]
No more than two bedrooms per unit shall be permitted.
[8]
The owner/operator of a short-term executive housing facility
shall annually submit to the Building Department an occupancy/guest
register, which shall identify each guest and the length of their
occupancy. Should the Building Inspector find that violations of the
occupancy limit are occurring, the certificate of occupancy may be
revoked.
[9]
Cooking facilities shall be provided within each residence unit,
or in the case of a facility that provides suites of residence units,
for no fewer than every three residence units.
[10]
Amenities may include recreational facilities such as a gym,
swimming pool, tennis courts, outdoor trails, etc. No fee for public
use of these amenities shall be permitted.
[11]
Business service amenities shall be permitted including shared
working spaces, computer and internet ports and docks, Wi-Fi hubs,
copy and printing services and small conference rooms accommodating
no more than six people.
[12]
Meeting rooms, function halls, restaurants and similar facilities
that are accessible to the general public, other than governmental
functions of the Village, are prohibited.
[13]
One off-street parking space shall be provided for each guest
unit.
(r)
Large-scale solar collection system (or "solar farm").
[Added 9-28-2021 by L.L.
No. 16-2021]
[1]
A large-scale solar collection system shall comply with the provisions of § 220-6J(15) of this Code.
N.
Revocation and modification.
(1)
All such permits issued by the Village Board may be subject to revocation
or modification by the Village Board upon a material breach or violation
of any condition, term or safeguard imposed by the special permit
or any other requirements imposed by the Village Zoning Chapter on
the property which is the subject of the special permit and which
is committed during the existence of the special permit.
(2)
Prior to the revocation or modification of any special permit, the
Village Board shall, upon at least 10 days' notice to the property
owner and/or person to whom the special permit was issued, cause to
be mailed to the property owner and/or person to whom the special
permit was issued, a notice stating the alleged breaches or violations
warranting such action, and the time and place of the hearing to be
held concerning the revocation or modification of the special permit.
The property owner and/or the person to whom the special permit was
issued shall be given an opportunity to be heard and to introduce
the testimony of witnesses and documentary evidence, and shall be
given an opportunity to prove by competent evidence that the premises
are in full compliance with the terms, conditions and safeguards imposed
by the special permit and all other requirements imposed by the Village
Zoning Chapter, and any mitigating circumstances surrounding the alleged
breach or violation.
(3)
The action of the Village Board relative to such revocation or modification
shall be final. Upon revocation, it shall be unlawful to use or occupy
any portion of the property for the use specified in the special permit.
[Amended 5-21-1998 by L.L. No. 2-1998; 5-20-1999 by L.L. No. 2-1999]
A.
Findings; purpose and intent.
(1)
The Board of Trustees of the Village of Briarcliff
Manor hereby finds that a substantial proportion of the remaining
vacant land in the Village is environmentally sensitive and topographically
difficult. The Board of Trustees further finds that it is to the benefit
of all, wherever practicable, to promote the conservation of remaining
open space, preserve environmentally sensitive areas in their natural
state and preserve the existing aesthetic qualities of the Village.
(2)
The general purposes and intent of this section are
to enable and encourage flexibility and diversity of design and development
of land in such a manner as to promote the most appropriate use of
land, to facilitate the adequate and economical provision of streets
and utilities, to preserve the natural and scenic qualities of open
lands, to protect areas of meaningful ecological, architectural, scenic
and historic value and to reserve suitable lands for park and recreation
purposes.
B.
Authorization to approve conservation subdivisions.
(1)
The Board of Trustees upon application of the owner of the land to be subdivided, or upon the application of the Planning Board, may authorize the Planning Board simultaneously with the approval of a subdivision plat, to modify applicable provisions of this chapter, subject to the procedures, conditions and requirements set forth in this section, in § 190-16F of Chapter 190, Subdivision of Land, and in § 7-738 of the Village Law. This procedure may be followed:
(a)
When applied for by the owner of the land to be subdivided if, in the judgment and discretion of the Board of Trustees, its application would benefit the Village by satisfying one or more of the purposes set forth in Subsection A; or
(b)
Where the Planning Board applies to the Board of Trustees for such authorization and where the Planning Board had determined that its application would benefit the Village by satisfying one or more of the purposes set forth in Subsection A and where the Planning Board determines that one or more of the criteria for conservation development, as set forth in § 190-16F of Chapter 190, Subdivision of Land, would be met. In this case, if so authorized by the Board of Trustees, the Planning Board may require the owner of the land to submit a preliminary subdivision plat application which reflects such modifications of applicable provisions of this chapter.
(2)
This authorization shall be applicable in all zoning
districts which permit residential development in the Village.
(3)
Except as specified in this section, all development standards and controls of this chapter and Chapter 190, Subdivision of Land, which are otherwise applicable in the district in which the property is located shall also be applicable within any conservation development.
(4)
Except as otherwise provided in Subsection B(6) regarding the type of residential dwelling units permitted, the permitted principal and accessory uses within a conservation development shall be the same as those otherwise permitted in the zoning district in which the property is located.
(5)
The number of building lots or dwelling units permitted within a conservation development shall in no case exceed the number which could have been permitted, in the judgment of the Planning Board, if the land were subdivided into lots conforming to all normally applicable requirements of this chapter, Chapter 190, Subdivision of Land, the Westchester County Department of Health regulations and all other applicable requirements. However, where the plat falls within two or more contiguous districts, the Planning Board may approve a conservation development representing the cumulative density as derived from the summary of all units allowed in all such districts, and may authorize actual construction to take place in all or any portion of one or more of such districts. The basis for these density determinations by the Planning Board shall be a conventional preliminary subdivision plat for the subject property, plus such other information as may be required by said Board.
(6)
The type of residential dwelling units permitted within
a conservation subdivision shall be, at the discretion of the Planning
Board and subject to the conditions set forth herein, in detached,
semidetached and/or attached buildings.
(7)
The plat showing such conservation development may
include areas within which structures may be located, the height and
spacing of buildings, open spaces and their landscaping, off-street
and enclosed parking spaces, streets, driveways and any other features
required by the Planning Board.
(8)
Within the framework of the limitations set forth in this section, § 190-16F of Chapter 190, Subdivision of Land, and § 7-738 of the Village Law, the Planning Board shall establish, on a case-by-case basis, the appropriate modifications of lots, bulk and parking requirements which said Board has determined are necessary or appropriate to properly accomplish the purposes and intent set forth in Subsection A, and, where applicable, one or more of the specified objectives set forth in § 190-16F of Chapter 190, Subdivision of Land, consistent with the protection of private property values and the preservation of the character of land and buildings on neighboring sites.
(9)
Conservation subdivisions shall result in the preservation
of open space areas having meaningful scenic, ecological, environmental
and/or recreational characteristics, with such access, shape, size
and location as determined appropriate by the Planning Board to satisfy
the intended purpose. The permanent preservation of such open space
areas shall be legally assured to the satisfaction of the Planning
Board and the Village Attorney by filing of appropriate covenants,
deed restrictions, easements or other agreements.
(a)
The ownership of conserved land areas shall
be divided equally among all owners of building lots within the conservation
subdivision, except where all or an appropriate portion of the conserved
land areas are deeded to a recognized conservation organization dedicated
to the preservation of open space and such dedication is acceptable
to the conservation organization and to the Village Planning Board,
or offered for dedication to the Village of Briarcliff Manor and the
Board of Trustees has voted to accept such offer. Except in those
cases where the ownership of the conserved land areas is to be vested
in the Village of Briarcliff Manor or an approved conservation organization,
the subdivider shall execute and file with the Planning Board such
documents as, in the opinion of the Village Attorney, will be sufficient
to create a property owners' association responsible for the continued
ownership, use and maintenance of all conserved land areas in accordance
with the following requirements:
[1]
Membership in the association must be mandatory
for each property owner within the subdivision and for any successive
property owners.
[2]
All restrictions on the ownership, use and maintenance
of conserved land areas must be permanent.
[3]
The association must be responsible for liability
insurance, local taxes and the maintenance of the conserved land areas,
including any active recreation areas and related facilities.
[4]
Each lot owner within the subdivision shall
be made responsible for paying a proportionate share of the association's
costs, and the assessment levied by the association shall become a
lien on the property if not paid.
[5]
The association shall have the power to adjust
assessments to meet changing needs.
[6]
In the event that the maintenance, preservation
and/or use of the conserved land area(s) ceases to be in compliance
with any of the above requirements or any other requirements specified
by the Planning Board when approving the subdivision plat, the Village
shall be granted the right to take all necessary action to assure
such compliance and to assess against the association and/or each
individual property owner within the subdivision, all costs incurred
by the Village for such purposes.
[7]
The establishment of such an association shall
be required prior to the final approval of the plat.
(b)
Except where otherwise approved by the Planning
Board, conserved land areas shall be preserved in their natural state
and the use of such areas shall be limited to appropriate conservation,
open space and recreation purposes as determined by the Planning Board.
(c)
Notwithstanding anything contained in this law
and in the Land Subdivision Regulations to the contrary, conditions
on the ownership, use and maintenance of open lands shown on the plat
shall be approved by the Board of Trustees before the plat may be
approved for filing.
[Amended 10-10-2019 by L.L. No. 5-2019]
A.
Statement of purpose. The Board of Trustees recognizes that the regulation
of the establishment, construction and operation of noncommercial
private outside tennis courts and sports courts is a matter of public
importance, primarily as it concerns the problems of noise, aesthetics,
stormwater runoff and the depreciation of property values by reason
of improperly installed or maintained courts or courts placed in undesirable
locations. This section shall be read and construed under the authority
granted by § 7-700 of the Village Law.
B.
For the purposes of this Chapter 220, "sports court" refers to any accessory use outdoor recreational facility used for the play of outdoor sports, having a floor area less than that of a tennis court as defined in § 220-2, including but not limited to platform tennis, paddleball, pickle ball, handball, ice or floor hockey, and basketball. A driveway on which a basketball hoop is erected shall not be considered a sports court.
C.
Standards. A tennis court or sports court may be permitted only as
an accessory use to a single-family residence or dwelling and only
for use by residents of the premises and their guests, without charge
for admissions and not for the purpose of profit, subject to the following
provisions and restrictions:
(2)
The minimum distance from the outer perimeter of any tennis court
or sports court to any lot line shall be 40 feet and the minimum distance
to the principal building shall be 25 feet.
(3)
Any fence surrounding a tennis court or a sports court shall not
exceed 12 feet in height.
(4)
No tennis court or sports court shall be fully enclosed except by
fencing.
(5)
No tennis court or sports court shall be permitted in a front yard.
(6)
No excavation or movement of more than 200 cubic yards of soil shall
be permitted to establish a site for the installation of any tennis
court or sports court.
(7)
Provision shall be made for drainage such that the flow of water
runoff will not be increased or channeled onto adjoining properties.
(8)
A buffer screening area of at least 10 feet in width and within 25
feet of the perimeter of any tennis court or sports court shall be
provided between the tennis court or sports court and any lot line
in a residence district; however, no buffer screening area will be
required between the tennis court or sports court and the principal
building on the lot, unless necessary to screen the tennis court or
sports court from adjoining properties. This requirement may be modified
in situations where it is determined that large distances, topographic
features, or existing vegetation satisfy the same purposes. The Building
Inspector shall make this determination with the concurrence of the
Village Engineer. Where such a buffer area is required, it shall meet
the following standards:
(a)
Evergreens of such type, height, spacing and arrangement as
will reasonably screen the activity involved from the neighboring
residential area shall be planted, but in no event shall the evergreens
be less than six feet in height. Nonevergreen planting may supplement
evergreen planting but shall not take its place.
(b)
The plan and specifications for such planting shall be filed
with the building permit request.
(c)
Required planting shall be properly trimmed and maintained in
healthy growing conditions at all times.
(9)
No loudspeaker device or illumination of any kind shall be installed
at, or operated in connection with, any tennis court or sports court.
(10)
A tennis court or sports court shall not be located nearer to
any existing principal building on adjoining property than the court
is to the principal building of the property on which the court is
located; provided, however, that this restriction shall not be applicable
if the sports court is located at least 50 feet from the lot line
between such adjoining property.
D.
Coordination and administration.
(1)
Tennis courts and sports courts shall be considered to be structures for the purpose of compliance with all provisions of Village laws and ordinances, including, but not limited to, Chapter 115, Excavations, Chapter 131, Freshwater Wetlands, Chapter 184, Stormwater, Drainage, Erosion and Water Pollution Control, and Chapter 90, Building Construction, of the Code of the Village of Briarcliff Manor, and in the construction, design and operation of such courts, all such laws and ordinances and building codes shall be complied with unless clearly inapplicable by their terms or inconsistent with this section.
(2)
No tennis court or sports court shall be installed without a building
permit and no such permit shall be issued unless the plans therefor
comply with the building code of the Village of Briarcliff Manor,
as the same now exists or may hereafter be amended. No such permit
shall be issued until the requirements of this section and all other
applicable local laws and ordinances of the Village of Briarcliff
Manor are met. A plan of the proposed court shall be submitted to
the Building Inspector, as a requirement for the issuance of a building
permit. Said plan shall comply with the requirements and standards
of this section and shall indicate all existing and proposed grading,
excavating, filling, paving, fencing, and screening as it may relate
to the proposed court, as well as the location of all property lines
and neighboring buildings.
[Amended 10-10-2019 by L.L. No. 5-2019]
A.
Statement of purpose. The Board of Trustees recognizes that the regulation
of the establishment, construction and operation of noncommercial
private outdoor swimming pools and their enclosure is a matter of
public importance, primarily as it concerns the problems of safety
to children and animals, noise, aesthetics, lighting, odors, overflowing
waters, location and the possible depreciation of property values
by reason of improperly installed or maintained pools or having such
pools placed in undesirable locations and/or with aesthetically unpleasing
enclosures sometimes referred to as "bubbles." This section shall
be read and construed as having regard to the foregoing statement
of purposes and is enacted under the authority granted by § 7-700
of the Village Law.
B.
Standards. A swimming pool shall be permitted only for use by residents
of the premises and their guests, without charge for admission and
not for the purpose of profit, subject to the following provisions
and restrictions:
(1)
One swimming pool, with or without a permanently attached spa, may
be permitted in connection with all permitted residential home development
on any lot consisting of at least 30,000 square feet, but no such
limitation shall apply to one self-contained, freestanding spa or
hot-tub unit with a footprint less than 80 square feet ("portable
hot tub").
(2)
Enclosures, sometimes referred to as "swimming pool bubbles" or "bubbles"
or the like, shall not be permitted.
(3)
Wherever possible, permitted pools shall be constructed or installed
in a rear yard. Every part of such pool, other than a portable hot
tub, shall be sited a minimum of five feet from the main building
on the premises. All pools shall be sited no less than 20 feet from
every rear lot line. Pools, other than portable hot tubs, constructed
or installed in a side yard shall be sited a minimum of five feet
from the main building on the premises. All pools shall be sited no
less than 40 feet from every side line. In all cases, every part of
any permitted pool shall be sited a minimum of 100 feet from any street.
No pool shall be permitted in a front yard.
(4)
Any filter, heater, pump, water treatment device, or similar pool or spa accessory equipment, shall be situated so as to be nonviewable or otherwise fully screened from neighboring properties. All such equipment shall comply with Chapter 146, Noise, and shall be installed so as not to disturb the peace, quiet, and comfort of neighboring property owners, or at any time louder than 60 decibels at the property line nearest to the sound source. Any noise generated from such equipment that is plainly audible on adjacent property is expressly forbidden.
(5)
No pool shall occupy more than 6% of the total lot area.
(6)
There shall be no cross-connection between the public water supply
system and any pipes or apparatus feeding water to a pool from a private
well, system or other source, and there shall be no such cross-connection
with any purification or filtration system of any pool.
(7)
If the water for any such pool is supplied from the public water
supply system, the inlet shall be more than six inches above the overflow
level of the pool.
(8)
The water of any such pool shall be treated in the manner sufficient
to maintain the bacterial standards established by all applicable
provisions of law relating to a public swimming pool existing in the
same location or area.
(9)
Playing, using, operating, or permitting to be played, used or operated
any amplified sound device, including radio, television, musical instrument
or instruments, or other machine or device for the production or reproduction
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time louder than 65 decibels
when the sound level meter is located at a point not nearer than the
property line nearest to the sound source shall be prohibited. The
operation of any of the above devices between the hours of 10:00 p.m.
and 8:00 a.m. in such manner as to be plainly audible on adjacent
property shall be prima facie evidence of a violation of this section.
(10)
Use of any pool area floodlighting, or any other lights installed
in connection with use of pools which shall throw rays of light beyond
the property lines of the parcel upon which such pool is located is
prohibited.
(11)
For pools constructed after adoption of this § 220-9, but not portable hot tubs, a buffer screening area or solid fence, of at least 10 feet in width, and in all cases sufficient to screen the use of the pool from neighboring properties, shall be provided between the pool and any lot line in a residence district; however, no buffer screening area will be required between the pool and the principal building on the lot, unless necessary to screen the pool from adjoining properties. The Building Department may modify this screening requirement in situations where it is determined that large distances, topographic features, or existing vegetation satisfy the same purposes. Where such a buffer area is required, it shall meet the following standards:
(a)
Evergreens of such type, height, spacing and arrangement as
will reasonably screen the activity involved from the neighboring
residential area shall be planted, but in no event shall the evergreens
be less than six feet in height. Nonevergreen planting may supplement
evergreen planting but shall not take its place.
(b)
The plan and specifications for such planting shall be filed
with the building permit request.
(c)
Required planting shall be properly trimmed and maintained in
healthy growing conditions at all times.
(12)
All swimming pools and portable hot tubs must meet all necessary
construction, safety, use and maintenance requirements of all codes
of the State of New York.
C.
Applicability. A swimming pool shall be considered to be a structure
for the purpose of compliance with all provisions of law, Village
ordinances and the building code of the Village of Briarcliff Manor,
and in the construction, design and operation of such pool, all such
laws and ordinances and building codes shall be complied with unless
clearly inapplicable by their terms or inconsistency with this chapter.
D.
No swimming pool shall be installed without a building permit and
no such permit shall be issued unless the plans therefor comply with
the building code of the Village of Briarcliff Manor, as the same
now exists or may hereafter be amended, and any plans for such pool
shall show such compliance and shall show appropriate drainage provisions
to dispose of the water in the pool without interference with the
public water system, the existing sanitary facilities, public sewers
or drainage systems or with any public highway. Such plans shall have
affixed thereto the signature of the owner or his agent and shall
contain a statement to the effect that the person signing plans has
read and is familiar with the provisions of this chapter and other
applicable provisions of law relating to the installation and construction
of swimming pools.
[1]
Editor's Note: Former § 220-9.1, Regulation of solar
energy collectors, added 6-7-2007 by L.L. No. 3-2007, as amended,
was repealed 12-6-2022 by L.L. No. 11-2022.
[Added 11-5-2014 by L.L.
No. 2-2014[1]]
A.
Statement of purpose. The Village of Briarcliff Manor has several
properties with accessory buildings that contain or at one time contained
separate dwelling units. The buildings that contain these dwelling
units or otherwise separate residences are not specifically addressed
in the Code and are simply categorized as a preexisting, nonconforming
uses. By recognizing and regulating these existing uses under the
Code, the Village will encourage their being modernized in accordance
with the Code and New York State building codes. In addition, within
the R80A, R60A, R40A, and R40B Single-Family Residence Districts a
number of lots currently contain nonresidential accessory buildings
that could, under certain circumstances, be converted to accessory
residential use and thus provide additional opportunities for housing
in the Village in support of the Village Comprehensive Plan goal to
"[p]rovide a range of housing styles and alternatives to meet the
needs of a varied and diverse population." This section shall be read
and construed in furtherance of the foregoing purposes and is enacted
under the authority granted by New York State Village Law § 7-700.
B.
Generally applicable standards. All dwelling units in accessory buildings
shall be subject to the following requirements to qualify as permitted
accessory building dwelling units:
(1)
All permitted accessory building dwelling units shall be in
the R80A, R60A, R40A, or R40B Single-Family Residence District.
(2)
Permitted accessory building dwelling units shall be permitted
only in accessory buildings existing on July 1, 2014.
(3)
Only one permitted accessory building dwelling unit shall be permitted in any one accessory building, except that if more than one dwelling unit currently exist in an accessory building as preexisting, nonconforming uses under § 220-16A(3), then they all may be permitted, subject to compliance with § 220-9.2C(1) below.
(4)
Only one permitted accessory building dwelling unit shall be permitted on any lot, except that if more than one dwelling unit currently exist on a lot as preexisting, nonconforming uses under § 220-16A(3), then they all may be permitted, subject to compliance with § 220-9.2C(1) below.
(5)
Every permitted accessory building dwelling unit must meet current requirements for residential occupancy under the Codes of the State of New York identified in Chapter 90.
(6)
The exterior dimensions of an accessory building may not be or have been materially altered after July 1, 2014, to accommodate a permitted accessory building dwelling unit or a permitted accessory building dwelling unit and other accessory uses, except that window dormers and similar features may be added to meet any requirement for residential occupancy under the Codes of the State of New York identified in Chapter 90, provided that no such window dormer or other feature materially alters the roof line of the accessory building.
C.
Additional standards for existing dwelling units in accessory buildings.
Existing dwelling units in accessory buildings shall be subject to
the following requirements to qualify as permitted accessory building
dwelling units:
(1)
Dwelling units that qualify as preexisting, nonconforming uses under § 220-16A(3) shall be subject to the following requirements:
(b)
Application for a certificate of occupancy or a building permit for improvements to meet current requirements for residential occupancy under the Codes of the State of New York identified in Chapter 90 must be made before December 31, 2016; provided, however, that if the dwelling unit is registered with the Building Department as a preexisting nonconforming use before December 31, 2016, then application for a certificate of occupancy or a building permit may be made anytime thereafter.
(2)
Dwelling units that do not qualify as preexisting, nonconforming uses under § 220-16A(3) shall be subject to the following requirements:
(b)
Application for a certificate of occupancy or a building permit for improvements to meet current requirements for residential occupancy under the Codes of the State of New York identified in Chapter 90 must be made before December 31, 2016.
(c)
All improvements necessary to meet current requirements for residential occupancy under the Codes of the State of New York identified in Chapter 90, if any, must be completed and a certificate of occupancy issued by December 31, 2019.
(d)
Any necessary Westchester County Health Department approval
of water service and sewer service or septic treatment and system
must be obtained.
(e)
The accessory building in which the permitted accessory building
dwelling unit is to be located must meet the requirements applicable
to an accessory building on the lot under Schedule 220, Attachment
2, Schedule Limiting the Use of Buildings and Land and the Location,
Arrangement and Size of Buildings.[2]
[2]
Editor's Note: The Schedule is included as an attachment to this chapter.
D.
Additional standards for dwelling units to be developed in accessory
buildings. Dwelling units to be developed in accessory buildings shall
be subject to the following requirements to qualify as permitted accessory
building dwelling units:
(2)
Application for a building permit for improvements that meet current requirements for residential occupancy under the Codes of the State of New York identified in Chapter 90 must be made before December 31, 2016.
(3)
All improvements necessary to meet current requirements for residential occupancy under the Codes of the State of New York identified in Chapter 90 must be completed and a certificate of occupancy issued by December 31, 2019.
(4)
Any necessary Westchester County Health Department approval
of water service and sewer service or septic treatment and system
must be obtained.
(5)
The accessory building in which the permitted accessory building
dwelling unit is to be located must meet the requirements applicable
to an accessory building on the lot under Schedule 220, Attachment
2, Schedule Limiting the Use of Buildings and Land and the Location,
Arrangement and Size of Buildings.
E.
Variances.
(1)
Any variance to the requirements of this § 220-9.2 shall be determined by the Zoning Board of Appeals under the standards applicable to:
(a)
Use variances under § 220-17B(1) if the variance is from the limitation of the permitted accessory building dwelling unit to use by one family only.
(b)
Area variances under Section 220-17B(2) if the variance is from any other requirement.
[Added 8-16-2007 by L.L. No. 7-2007]
A.
Statement of purpose. The purpose of this section
is to screen and mitigate the view of proposed residential structures
and additions from the street and adjoining properties by requiring
a mandatory tree planting plan ("MTPP") as outlined below.
B.
If the total gross floor area on a lot in a single-family
residential district will exceed 3,500 square feet, then a MTPP must
be submitted to and approved by the Village before any building permit
for construction of additional floor area on the lot can be issued.
(1)
If the gross floor area on the lot will be greater
than 3,500 square feet but less than 5,000 square feet, then the MTPP
shall be submitted to the Building Department for review and approval.
(2)
If the gross floor area on the lot will be equal to
or greater than 5,000 square feet, then the MTPP shall be submitted
to the Planning Board for review and approval.
C.
REQUIRED TREE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A two-and-one-half-inch-caliper shade tree, a three-and-one-half-inch-caliper
or ten-foot tall flowering tree, or an eight-foot tall evergreen tree,
measured per the current edition of the American Nursery and Landscape
Association (ANLA) standards.
D.
A building permit for construction of any additional
floor area on a lot on which the principal and accessory structures
will have a gross floor area of greater than 3,500 square feet after
that construction shall not be issued prior to receipt of approval
for the MTPP.
E.
The MTPP shall be prepared by a registered landscape
architect, a registered architect, or a professional engineer with
a minimum of five years of applicable experience.
F.
Every MTPP shall meet the following minimum standards:
(1)
In the case of any freestanding new construction when
the total gross floor area on the lot exceeds 3,500 square feet after
the new construction, one required tree shall be planted for each
100 square feet of gross floor area or part thereof exceeding 3,500
square feet; provided, however, that even if gross floor area on the
lot is less than 3,800 square feet, a minimum of three required trees
shall be planted if the total gross floor area on the lot exceeds
3,500 square feet.
(2)
In the case of any addition when the total gross floor
area on the lot exceeds 3,500 square feet after the addition, one
required tree shall be planted for each 100 square feet of gross floor
area or part thereof in the lesser of either (i) the addition or (ii)
the total gross floor area on the lot minus 3,500 square feet; provided,
however, that even if the square feet of gross floor area in the addition
is less than 300 square feet, a minimum of three required trees shall
be planted if the total gross floor area on the lot exceeds 3,500
square feet after the addition.
(3)
Required trees shall generally consist of 33% evergreens.
(4)
Required trees shall be selected and located so as
to soften and/or mitigate the view of a proposed structure from adjoining
streets and properties.
G.
The approving authority shall take into consideration
existing vegetation, terrain, and other physical features of the lot
when reviewing the MTPP for proper placement and size of proposed
required trees. The approving authority may also consider a MTPP using
alternative sizes, mixes, and numbers of required trees based on the
lot and surrounding property's particular conditions, but unless the
approving authority finds that fewer trees will achieve the purposes
of this section, no MTPP using such alternative(s) may be approved
unless it is comparable in value to a MTPP calculated for the lot
using required trees.
H.
All plantings shall have a minimum one-year guarantee
from issuance of a certificate of occupancy. Any planting which the
approving authority determines to be diseased, dead, or dying before
or during the guarantee year shall be replaced during the next planting
season after such determination is made.
[Added 12-15-2020 by L.L. No. 1-2021]
A.
The following permit standards and requirements shall apply to all
wireless telecommunication services facilities.
B.
Purpose. The purpose of these regulations is to reasonably control
the location, construction and maintenance of wireless telecommunication
facilities in order to encourage the siting of wireless telecommunication
services facilities as accessory structures in nonresidential areas
and to protect, to the maximum extent practicable, aesthetic impacts,
the open space character of the Village of Briarcliff Manor, the property
values of the community, the health and safety of citizens, and a
citizen's ability to receive communication signals without interference
from other communication providers, while not unreasonably limiting
competition among telecommunication providers.
C.
Use. Except as provided hereinafter, no wireless telecommunication
services facility shall be located, constructed or maintained on any
lot, building, structure or land area in the Village of Briarcliff
Manor, except as an accessory use on such property, and in conformity
with the requirements of this chapter and all other applicable regulations.
D.
Location and access. Subject to the Village Board of Trustee's review
and evaluation of technological, structural, safety and financial
considerations associated with alternative locations for the siting
of wireless telecommunication services facilities, the following locational
priorities shall apply in the order specified, consistent with the
Village's objective to create the least amount of aesthetic impact
and preserve both the scenic values and the property values of the
Village:
(1)
Co-location on existing wireless telecommunication services
facilities previously approved by a duly authorized board of the Village,
as identified on an inventory of existing wireless telecommunication
services facilities which shall be maintained by the Village (the
Eligible Co-Location Sites Inventory). Co-location shall be required
unless it has been demonstrated to the satisfaction of the Village
Board of Trustees that:
(a)
None of the sites identified on the Eligible Co-Location Sites
Inventory within the service area can accommodate the proposed wireless
telecommunication services facility in a reasonably financially and
technologically feasible manner consistent with the wireless communications
service carrier's system requirements;
(b)
None of the sites identified on the Eligible Co-Location Sites
Inventory within the service area can accommodate the proposed wireless
telecommunications services facility with respect to structural or
other engineering limitations, including frequency incompatibilities;
or
(c)
The owners of the sites identified on the Eligible Co-Location
Sites Inventory within the service area lawfully refuse to permit
the applicant use of the site.
(2)
Nonresidential sites, buildings and structures located in business
districts containing any other type of existing communications antenna
previously approved by a duly authorized board of the Village.
(3)
Other lands in business districts.
(4)
Lands used for nonresidential purposes in a residence district.
(5)
Other lands in a residence district.
E.
All new wireless communication services facilities and premises shall
be of proper size, location and design to accommodate co-location
of other service providers' facilities, unless otherwise permitted
by the Village Board of Trustees. Wherever possible, such facility
shall be attached to an existing building or structure. To the maximum
extent practicable, existing roadways shall be used to provide access
to the site of a wireless telecommunication services facility.
F.
Setbacks. Wireless telecommunication services facilities, except
those structurally mounted to an existing building or structure, shall
be located not less than two times the otherwise applicable setback
requirements for principal structures for the district in which the
property is located, or the height of the facility plus the otherwise
applicable setback requirements for principal structures for the district
in which the property is located, whichever shall be greater. Wireless
telecommunication services facilities structurally mounted to the
roof of an existing building or structure shall be set back from the
side of the building or structure to minimize their visibility, but
in no case less than 10 feet.
G.
Freestanding structures. No freestanding wireless telecommunication
services facility shall be permitted except for a monopole.
H.
Height limitations. Notwithstanding the following height limitations,
in no case shall a wireless telecommunication services facility exceed
the minimum height reasonably necessary to accomplish the purpose
it is proposed to serve.
(1)
The height of any antennas or other associated equipment, structurally
mounted as part of a wireless telecommunication services facility,
shall not exceed by more than 15 feet the highest point of the existing
structure on which such antennas or equipment are affixed.
(2)
The height of any monopole utilized in a wireless telecommunication
services facility shall not exceed 100 feet in height measured from
the highest point of such facility to the finished grade elevation
of the ground immediately adjacent to the structure.
I.
Visual mitigation. The applicant/provider shall prepare a visual
impact assessment of the proposed wireless telecommunication services
facility based upon appropriate modeling, photography and other pertinent
analytical techniques as required by the Village Board of Trustees.
Landscaping and/or other screening and mitigation, including but not
limited to architectural treatment, use of neutral or compatible coloring
and materials, or alternative construction and transmission technologies
shall be required to minimize the visual impact of such facility from
public thoroughfares, important viewsheds and vantage points and surrounding
properties to the extent practicable, as determined by the Village
Board of Trustees. No signs shall be erected on any wireless telecommunication
services facility except as may be required by the Village Board of
Trustees for security or safety purposes.
J.
Lighting. The wireless telecommunication services facility shall
not be artificially lighted unless otherwise required by the Federal
Aviation Administration or other federal, state or local authority.
K.
Operational characteristics.
(1)
Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless telecommunication services facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report by a licensed professional electrical engineer with expertise in radio communication facilities and/or health physicist acceptable to the Village Board of Trustees. Except as otherwise provided by law, the applicant shall provide an annual certification of conformance with the applicable emissions standards and the requirements and conditions of special permit and site plan approval. Additionally, copies of certification reports shall be submitted to the Village Board of Trustees whenever they are required to be submitted to the FCC. The Village Board of Trustees may hire a qualified professional to review and confirm such initial and annual certification report, the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures established for the reimbursement of professional review fees for subdivision, site plan and special permit applications. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of the Zoning Law or the conditions of special permit or site plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with § 220-18C of this Zoning Chapter.
(2)
The owner or operator of a wireless telecommunication services
facility shall maintain standby power generators or batteries capable
of powering the facility for at least 24 hours without additional
public utility power and indefinitely with a continuous or replenished
fuel supply. Such standby power shall activate automatically upon
the failure of public utility power to the site. Notwithstanding the
foregoing, the Planning Board may waive the requirement for backup
power, where appropriate, including, but not limited to, when a wireless
telecommunication services facility is for limited private use and
not a component of a telecommunication system supplying services that
may be available to subscribers or the general public.
L.
Noise. Noise-producing equipment shall be sited and/or insulated
to prevent any detectable increase in noise above ambient levels as
measured at the property line.
M.
Utility service. Electrical, telephone, and Internet lines extended
to serve the wireless telecommunication services facility sites shall
be installed underground.
N.
Safety provisions. A wireless telecommunication services facility
shall be designed and erected so that, in the event of structural
failure, it will fall within the required setback area and, to the
maximum extent possible, away from adjacent development.
O.
Security provisions. A security program shall be formulated and implemented
for the site of a wireless telecommunication services facility. Such
program may include physical features such as fencing, anti-climbing
devices or elevating ladders on monopoles and/or monitoring either
by staff or electronic devices to prevent unauthorized access and
vandalism.
P.
Annual structural inspection and report. A monopole over 50 feet
in height shall be inspected annually at the expense of the service
provider by a licensed professional engineer, or at any other time
upon a determination by the Building Inspector that the monopole may
have sustained structural damage, and a copy of the inspection report
shall be submitted to the Building Inspector.
Q.
Lease agreement. In the case of an application for approval of a
wireless telecommunication services facility to be located on lands
owned by a party other than the applicant or the Village, a copy of
the lease agreement with the property owner absent the financial terms
of such agreement, together with any subsequent modifications thereof,
shall be provided to the Village Board of Trustees and a copy shall
be filed with the Village Clerk.
R.
Removal. A wireless telecommunication services facility shall be
dismantled and removed from the property on which it is located within
60 days from the date on which it has been abandoned or inoperative
for a period of one year. Each service provider shall provide to the
Village written notification within 30 days of the date the use of
the facility was discontinued or abandoned, acknowledgment of the
requirement to remove the facility, and identification of the plans
for the future of the facility.
S.
Application procedure.
(1)
An application for approval of a wireless telecommunication services facility shall be submitted on forms acceptable to the Building Department. Site development plan approval by the Planning Board in accordance with § 220-14 shall be required.
(2)
The operator of the wireless telecommunication service shall
submit a certificate of public utility unless it can be demonstrated
to the satisfaction of the Village Board of Trustees that the operator
of such facility is exempt from such requirement pursuant to New York
State law. The operator of such facility shall also demonstrate to
the satisfaction of the Village Board of Trustees that there is a
compelling public need for such facility at each location proposed
by the applicant. Such demonstration shall include the preparation
of existing and master effective service area plans which:
(a)
Minimize the number of such facilities within the service area(s);
(b)
Maximize co-location of wireless telecommunication services
facilities;
(c)
Identify all existing and proposed wireless telecommunication
facilities that impact the service area covering the Village of Briarcliff
Manor, including but not limited to providing topographic maps of
the Village with service coverage and service gap grids and all proposed
and other functionally acceptable locations for such facilities; and
(d)
Analyze feasible alternatives to reasonably minimize the visual
impacts and exposure levels.
(3)
Any application for a wireless telecommunication services facility
shall include a statement and appropriate documentation demonstrating
that the Village's existing facilities inventory has been reviewed
and, to the extent relevant to provide wireless telecommunication
services in the area which is the subject of such application, that
all reasonable efforts have been made to co-locate such facility on
all sites identified in such existing facilities inventory and all
other existing sites with communication antennas within the service
area.
(4)
As a condition of permit approval, the applicant shall be required
to provide a written agreement, in recordable form suitable for filing
and prepared to the satisfaction of the Village Attorney, acknowledging
that it shall be required to allow the co-location of other future
wireless telecommunication service facilities unless otherwise unreasonably
limited by technological, structural or other engineering considerations.
(5)
Where co-location of a wireless telecommunication services facility
is proposed on a site regulated by an existing or proposed special
permit, the added wireless telecommunication services facility shall
be permitted as an amendment to the existing special permit for the
site containing such facility by submission of an application for
a building permit and without the need for an application for an amended
special permit or site plan approval, provided such facility meets
all of the otherwise applicable requirements of this chapter and no
physical modification other than the attachment of the antennas and
the installation of associated equipment to be located on the ground
is required. An amended written narrative and certification report
indicating conformance with all of the special permit standards and
conditions of site development plan approval shall be provided in
addition to all required information in support of the required building
permit. An as-built drawing of the modified facilities shall be filed
with the Building Department. The Building Inspector shall provide
written notification to the Village Board of Trustees of such application
for building permit.
(6)
The applicant and all future owners of the premises and the
wireless telecommunication services facility shall at all times keep
on file in the office of the Village Clerk the name, address, and
telephone number of the owner and operator of such facility and of
at least one individual who shall have authority to arrange for the
maintenance of the premises and facility, and who shall be authorized
to accept service of notices and legal process on behalf of the owner
and operator(s) of the premises and facility and to bind the owner
to any settlement, fine, judgment, or other disposition (other than
incarceration) which may result from any civil or criminal action
or proceeding instituted by the Village against such owner and/or
operator(s).
T.
In order to further facilitate the shared use of public utilities
and wireless telecommunication services facilities, the Village Board
of Trustees may, by resolution, waive or modify any of the permit
standards and criteria contained herein.
[Added 7-20-2021 by L.L. No. 11-2021[1]]
A.
Findings; policy. The Village of Briarcliff Manor finds that:
(1)
The Village faces a shortage of affordable housing due to the high
cost of housing in the Village, which impacts the general welfare
of the municipality.
(2)
The Village has an obligation to assist Westchester County and New
York State in the preservation, rehabilitation, and construction of
affordable housing.
(3)
The social and economic diversity of the Village is dependent upon
a reasonable supply of affordable housing.
(4)
The Village's Comprehensive Plan encourages the creation of affordable
housing within the Village.
(5)
It is the policy of the Village to require applicants to share the
responsibility to create affordable housing.
B.
Purpose. The purpose of this section is to ensure that new residential
development in the Village includes a reasonable supply of fair and
affordable housing. This section sets forth standards for affordable
housing to be provided in conjunction with residential development
of land.
C.
Applicability.
(1)
This section shall apply to all proposed residential development
of land.
(2)
This section shall not apply to any residential development which
has received preliminary subdivision or site plan approval by the
Village of Briarcliff Manor Planning Board as of the effective date
of this section.
(3)
This section shall not apply to any residential development submitted
to the Planning Board for subdivision or site plan approval prior
to May 1, 2021, and still actively under review as of the effective
date of this section.
D.
Creation of AFFH units.
(1)
AFFH units in single-family zoning districts.
(a)
Within all residential developments of five or more units, no
less than 10% of the total number of units must be created as AFFH
units. For this purpose, 0.5 unit shall be rounded to the next highest
whole number. For example, a development of 17 units will require
two AFFH units. These units must be provided on the site of the proposed
development.
(b)
When a proposed residential subdivision contains 20% or more
AFFH units, the Planning Board may:
[1]
Reduce building permit fees for applicants by 50% for any AFFH
units beyond the 10% of such AFFH required.
[2]
Consider such other forms of assistance which may be under the
control of the Village.
[3]
Actively assist in obtaining assistance of federal, state or
other agencies in support of affordable housing development.
[4]
Allow the reduction of dimensional requirements by not more
than 25% and an allowance for shared parking so as to reduce infrastructure
costs.
(2)
AFFH units in multifamily zoning districts. At least 10% of the units
of any multifamily residential development in any multifamily residential
zoning district shall be established as AFFH units. These AFFH units
must be provided on the site of the proposed development, or at an
approved off-site location.
(3)
When a proposed residential subdivision or multifamily residential
development contains 20% or more AFFH units, the Planning Board may:
(a)
Reduce building permit fees for applicants by 50% for any AFFH
units beyond the 10% of such AFFH required.
(b)
Consider such other forms of assistance which may be under the
control of the Village.
(c)
Actively assist in obtaining assistance of federal, state or
other agencies in support of affordable housing development.
(d)
Allow the reduction of dimensional requirements by not more
than 25% and, in a development containing commercial as well as residential
use, consider an allowance for shared parking, if practicable, so
as to reduce infrastructure costs.
E.
Planning Board review. The Planning Board shall consider the following
provisions in reviewing affordable housing unit applications:
(1)
Siting of AFFH units. Unless otherwise stated herein, all AFFH units
constructed under this section shall be situated within the proposed
development so as not to be in less desirable locations than market-rate
units in the proposed development and shall, on average, be no less
accessible to public amenities, such as open space, as the market-rate
units.
(2)
Minimum design and construction standards for affordable units. AFFH
housing units within market-rate developments shall be integrated
with the rest of the developments and shall be compatible in design,
appearance, construction and quality of building materials with other
units.
(3)
Timing of construction or provision of affordable units or lots.
The construction of affordable units shall occur proportionately with
the construction of the market-rate units in the subdivision. No certificates
of occupancy may be issued for the last 10% of market-rate units within
a development until the last affordable unit has been issued a certificate
of occupancy.
(4)
Minimum floor area. The minimum gross floor area per AFFH unit shall
be no less than the following:
|
Dwelling Unit
|
Minimum Gross Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
450
|
|
1-bedroom
|
675
|
|
2-bedroom
|
750
|
|
3-bedroom
|
1,000 (including at least 1.5 baths)
|
|
4-bedroom
|
1,200 (including at least 1.5 baths)
|
(5)
Affordable housing requirements for special populations. At the discretion
of the Planning Board and with the approval of the Board of Trustees,
and upon a showing of good cause, affordable housing requirements
for frail or infirmed special populations may be waived or modified.
Said population may include the disabled, the infirmed or seniors
when such housing is independent-living, congregate-care, nursing-home
or such other housing for special populations that the Board of Trustees
recognizes.
(6)
Unit appearance and integration.
(a)
Within single-family developments, the AFFH units may be single-family
homes or may be incorporated into one or more two-family homes. In
residential zoning districts, each single-family AFFII unit may be
located on a lot meeting 75% of the minimum lot area for the single-family
homes in the development, but each such two-family home shall be located
on a lot meeting the minimum lot area for the single-family homes
in the development. All such units shall be compatible in appearance,
siting and exterior design from the other single-family homes in the
development, to the greatest extent possible. Interior finishes and
furnishings may be reduced in quality and cost to assist in the lowering
of the cost of development of AFFH units.
(b)
Within multifamily developments, the AFFH units shall be physically
integrated into the design of the development and shall be distributed
among various sizes (efficiency, one-, two-, three- and four-bedroom
units) in the same proportion as all other units in the development.
AFFH units shall be compatible with other market-rate units from the
outside or building exteriors. Interior finishes and furnishings may
be reduced in quality and cost to assist in the lowering of the cost
of development of the AFFH units.
(7)
Conservation zoning. The Planning Board shall consider the provisions
of conservation subdivisions and conservation development, which may
provide for bonus units, of the Village Zoning Law in furtherance
of the Village's goals for providing affordable housing.
(8)
Property restriction. All AFFH units must be restricted using a document
such as a declaration of restrictive covenants, in recordable form
acceptable to the Village Attorney, which shall ensure that the AFFH
unit shall remain in perpetuity, subject to affordable regulations
except as hereinafter provided. Among other provisions, the covenants
shall require that the unit be the primary residence of the residential
household selected to occupy the dwelling unit. Upon approval, such
declaration shall be recorded against the property containing the
AFFH unit prior to the issuance of a certificate of occupancy for
the dwelling unit. These property restrictions notwithstanding, the
covenants may allow a property owner, no earlier than 50 years from
the date of initial certificate of occupancy for rental properties
and from date of original sale for ownership units, to seek a release
from such restrictions by request to, and the affirmative approval
of, the Briarcliff Manor Board of Trustees.
F.
Expedited project review process.
(1)
Preapplication meeting. The applicant for a development including
AFFH units shall be entitled to attend at least one preapplication
meeting at which representatives will be in attendance from each Briarcliff
Manor agency and staff expected to play a role in the review and approval
of the development application and construction. The purpose of the
preapplication meeting will be to expedite the development application
review process through:
(2)
Meeting schedule and timeline. Briarcliff Manor boards and staff
shall endeavor to honor the proposed meeting schedule and conceptual
timeline established as an outcome of the preapplication to the greatest
extent possible during the review and approval process, subject to
the demonstrated cooperation of the applicant to adhere to same. Should
the approval process extend beyond one year, an applicant for a development
including AFFH units shall be entitled to at least one additional
meeting per year with the same departments, agencies, authorities,
boards, commissions, councils or committees to review any and all
items discussed at previous preapplication meetings.
G.
Administration by the Board of Trustees.
(1)
Responsibility. The Board of Trustees, or any Village office, department,
or local not-for-profit agency designated by the Board, shall be responsible
for administering and monitoring the affordable housing requirements
of this section as well as for the promulgation of such rules and
regulations as may be necessary to implement such requirements. The
costs of such administration and monitoring, if any, shall be payable
by the developer/owner.
(2)
Maximum cost. At the time of issuance of a building permit, the Building
Inspector shall send a copy of such permit to the Board of Trustees,
or its designee, which shall then inform the applicant of the maximum
rental or sales charge which may be established for AFFH units in
such development and the maximum annual gross family income eligibility
for occupancy of said units.
(3)
Annual eligibility requirements. With respect to rental units, on
or before March 30 of each year thereafter, the Board of Trustees,
or its designee, shall notify the owner or manager of each affordable
unit as to the rent and income eligibility requirements for such unit
based upon figures derived from the preceding calendar year. With
respect to ownership units, the Board of Trustees, or its designee,
shall provide sales criteria for the sale of an affordable housing
unit at the time of offering the unit for sale or resale.
(4)
Certification. The owner or manager of each AFFH rental unit shall
annually certify to the satisfaction of the Board of Trustees that
the requisite number of affordable units have been assigned to income-eligible
individuals who meet the income guidelines in effect when said individual(s)
took occupancy. Annual certification shall include unit designations
and occupant names and shall be affirmed by the developer or his or
her designated representative, as appropriate, and a resolution of
the Board of Trustees.
(5)
Marketing plan. All such AFFH units, whether for purchase or for
rent, shall be marketed in accordance with the Westchester County
Fair and Affordable Housing Affirmative Marketing Plan.
(6)
Preferences. No preferences shall be utilized to prioritize the selection
of income-eligible tenants or purchasers for affordable AFFH units
created under this subsection.
(7)
Maximum rent and sales price. The maximum monthly rent for an AFFH
unit and the maximum gross sales price for an AFFH unit shall be established
in accordance with U.S. Department of Housing and Urban Development
guidelines as published in the current edition of the Westchester
County Area Median Income (AMI) Sales and Rent Limits, available from
the County of Westchester.
(8)
Resale requirements.
(a)
In the case of owner-occupied AFFH units, the title to said
property shall be restricted so that in the event of any resale by
the home buyer or any successor, the resale price shall not exceed
the then-maximum sales price for said unit, as determined in this
section, or the sum of:
[1]
The net purchase price (i.e., gross sales prices minus subsidies)
paid for the unit by the selling owner, increased by the percentage
increase, if any, in the Consumer Price Index for Wage Earners and
Clerical Workers in the New York-Northern New Jersey Area, as published
by the United States Bureau of Labor Statistics (the "Index") on any
date between the month that was two months earlier than the date on
which the seller acquired the unit and the month that is two months
earlier than the month in which the seller contracts to sell the unit.
If the Bureau stops publishing this index, and fails to designate
a successor index, the municipality will designate a substitute index;
and
[2]
The cost of the major capital improvements made by the seller
of the unit while said seller of the unit owned the unit, as evidenced
by paid receipts, depreciated on a straight-line basis over a fifteen-year
period from the date of completion, and such approval shall be requested
for said major capital improvement no later than the time the seller
of the unit desires to include it in the resale price.
(b)
Notwithstanding the foregoing, in no event shall the resale
price exceed an amount affordable to a household at 80% of AMI at
the time of the resale.
(9)
Lease renewal requirements.
(a)
Applicants for rental AFFH units shall, if eligible and if selected
for occupancy, sign leases for a term of no more than two years. As
long as a resident remains eligible and has complied with the terms
of the lease, said resident shall be offered renewal leases for a
term of not more than two years each. Renewal of a lease shall be
subject to the conditions of federal, state or county provisions that
may be imposed by the terms of the original development funding agreements
for the development or the provisions of other applicable local law.
(b)
If no such provisions are applicable and if a resident's annual
gross income should subsequently exceed the maximum then allowable,
as defined in this chapter, then:
[1]
Option (a): Said resident may complete his or her current lease
term and shall be offered a nonrestricted market-rate rental unit
in the development at the termination of such lease term, if available.
If no such dwelling unit shall be available at said time, the resident
may be allowed to sign a one-year lease for the AFFH unit he or she
occupies but shall not be offered a renewal of the lease beyond the
expiration of said term; or
[2]
Option (b): Said resident shall pay the greater of the following:
[a]
The rent amount payable under the provisions of
this section should Option (b) be utilized; or
[b]
Thirty percent of the resident's monthly adjusted
household income, provided that the increased rent may not exceed
the market rent in the development for units with the same number
of bedrooms, or, should Option (b) be utilized, the next open unit
will become an AFFH unit.
[3]
Option (c): Said resident shall pay the greater of:
[a]
The rent amount payable under the provisions of
this section; or
[b]
Thirty percent of the resident's monthly adjusted
household income, provided that the increased rent may not exceed
the market rent in the development for units with the same number
of bedrooms for a term of not more than one year.
(10)
Occupancy standards. For the sale or rental of AFFH units, the
following occupancy schedule shall apply:
|
Number of Bedrooms
|
Number of Persons
|
|---|---|
|
Efficiency
|
Minimum: 1; maximum: 1
|
|
1 bedroom
|
Minimum: 1; maximum: 3
|
|
2 bedrooms
|
Minimum: 2; maximum: 5
|
|
3 bedrooms
|
Minimum: 3; maximum: 7
|
|
4 bedrooms
|
Minimum: 4; maximum: 9
|
(11)
Owner occupancy. All for-sale AFFH units must be owner-occupied.
(12)
Affirmative marketing. The AFFH units created under the provisions
of this section shall be sold or rented, and resold and rerented,
to only qualifying income-eligible households. Such income-eligible
households shall be solicited in accordance with the requirements,
policies and protocols established in the Westchester County Fair
and Affordable Housing Affirmative Marketing Plan, so as to ensure
outreach to racially and ethnically diverse households.
H.
Previously designated affordable housing units. Designated affordable
housing units approved prior to the adoption of this section shall
continue to be so designated but shall be henceforth subject to the
provisions of this chapter, to the extent allowable by law.
I.
Relocated AFFH units.
(1)
Under certain circumstances, the Planning Board may deem the construction
of AFFH units on the subject property to be less favorable than relocating
such units on available alternative sites and may allow the applicant
to relocate the required units on more desirable and appropriate property
within the Village already owned by, or under contract to allow development
by, the applicant (each such residence a "relocated AFFH unit"). Such
relocated units would be in addition to, and not instead of, any AFFH
units already required on the proposed alternative site. In evaluating
an alternate site, the Planning Board may consider, among other factors:
(a)
Proximity of the preferred site to public schools, Village services,
parks and recreation facilities;
(b)
Relative availability of public transportation;
(c)
Existence of sidewalks or other facilities to encourage pedestrian
safety;
(d)
Total number of market-rate residences at each site, with a
preference to locating AFFH units within areas of larger numbers of
market-rate residences;
(e)
Environmental impacts, including selecting a site that requires
less disturbance of steep slopes, wetlands, or removal of significant
trees.
(2)
To ensure the applicant's timely compliance to timely development
on an alternative site, the Village may require a deposit for each
proposed relocated AFFH unit, in an amount approved by a resolution
of the Board of Trustees and published in the Master Fee Schedule.
Such deposit shall be forfeited to the Village if the applicant fails
to obtain i) a building permit for all such relocated AFFH units within
three years of the issuance of the first certificate of occupancy
for the current project and ii) a timely certificate of occupancy
for each required relocated AFFH unit. Such deposit shall be returned
to the applicant within 90 days following the issuance of certificates
of occupancy for all required relocated AFFH units.
(3)
Factors considered in determining the amount of the relocated AFFH
unit deposit. The Board of Trustees may consider any of the following
factors, among others, in determining the amount of the deposit for
each relocated AFFH unit:
(a)
The zoning district within which the proposed development is
located.
(b)
The maximum sales price obtainable for the AFFH unit or units
as determined by reference to standards mandated by Westchester County.
(c)
The approximate costs to the applicant to construct the AFFH
unit, or units, in accordance with the requirements hereof. Such costs
would be utilized to determine the approximate net financial burden
imposed upon the applicant who is required to construct an AFFH unit,
or units, on the proposed development site.
(4)
Experts and consultants. In connection with its analysis of the factors
referenced above, among others, the Board of Trustees, in determining
the amount of the deposit for relocated AFFH units, shall have the
authority to engage experts and to consult with representatives of
the Planning Board.
(5)
Where practicable, the Planning Board may work with the applicant
to create additional AFFH units beyond those originally required as
relocated AFFH units on an alternate site.
[1]
Editor's Note: This local law also repealed former § 220-10,
Residential Townhouse RT4B District, as amended 2-20-1996 by L.L. No. 2-1996; 10-18-2001 by L.L. No. 2-2001; 6-19-2003 by L.L. No. 4-2003; and 12-8-2020 by L.L. No. 13-2020.
A.
Statement of purpose.
(1)
To provide for the establishment, within residential
areas, of a specialized, for-profit congregate residential development
for the elderly. In such development, accommodation can be made for
the range of needs of those elderly who do not want or need placement
in a hospital or nursing home. Eldercare communities shall be designed
to achieve compatibility with their surroundings and to encourage
orderly and well-planned development. Eligible sites shall be limited
to those analyzed and found suitable in the comprehensive planning
and environmental review processes undertaken at the time of creation
of this zoning district. Such development shall be of a scale and
location that will make it feasible to construct a comprehensive package
of supporting utilities, services and facilities, so as to achieve
development which is environmentally, physically, visually and economically
sound. Certain accessory uses that are requisite, desirable and convenient
for congregate living for the elderly will also be allowed.
(2)
Such persons form a stable part of the community.
In contrast to young families which are often compelled to move as
their families grow or their jobs change, the elderly set their roots
fast in the community, usually for the rest of the span of their lives.
They have no need for schools and related services, nor do they require,
in the aggregate, as many municipal services and facilities. The taxes
paid by them, directly or indirectly, help to stabilize the tax base
required to provide schools and other public services in those areas
and for those land uses which require them. Usually having a greater
than average purchasing power, they bolster the local economy. Moreover,
a minimum amount of retail trade and services, professional and otherwise,
may be carried on in such a specialized development for the convenience
of its inhabitants, some of whom will, by reason of age or reduced
physical fitness, be unable to travel easily. Such accessory uses
may also diminish the amount of vehicular movement generated by such
community, thereby promoting its tranquillity.
[Amended 5-21-1998 by L.L. No. 2-1998]
B.
Locational criteria.
(1)
To encourage orderly development of sites that provide
safe, efficient, adequate access and traffic circulation, eldercare
communities shall have frontage on a state or county highway, and
access to a major road.
(2)
The lot area shall not be less than five acres, one
contiguous lot or assemblage of lots, held under common ownership
as of January 1, 1994.
(3)
The site of such community shall be within 500 feet
of existing retail shopping facilities via a walking route considered
safe and convenient by the Planning Board as determined as part of
site plan review.
(4)
Such site shall be served by public water and sanitary
sewer facilities.
C.
General provisions. The following standards, conditions
and provisions shall be administered by the Planning Board during
the course of site plan review. All site development plan applications
for development in an EC zone shall, in addition to complying with
all other standards and requirements of these regulations, also satisfy
the following standards and conditions:
(1)
The total density, including persons dwelling therein
and all staff on-duty at any time, shall not exceed 25 persons per
acre.
(2)
Uses which are normally accessory to an eldercare
community may be provided, including the following: indoor and outdoor
recreation for residents and their guests only; continuing education,
crafts and hobbies for residents and their guests only; living, dining,
laundry, security and housekeeping facilities for common use of residents
only; central kitchen for food served in dining areas or distribution
to individual dwelling accommodations and units; restaurant for residents
and their guests only, with no cash transactions allowed; medical
and dental services for residents only with no cash transactions allowed;
small retail shops for the sale of goods or rendering of personal
services (such as hairdresser, banking, etc.) only to residents, with
no cash transactions allowed; off-street parking areas; and signs
and outdoor lighting standards.
(4)
Appropriate buffer screening shall be designed and
installed within setback areas adjoining or facing residential properties,
to the extent deemed appropriate by the Planning Board as a part of
the site plan approval process.
(5)
There shall be not less than one off-street parking
unit for each on-duty staff member plus one unit for each 10 persons
dwelling therein to be designated as visitor parking. Notwithstanding
anything to the contrary, if the Planning Board, as part of the site
plan approval process, determines that less than the required number
of parking spaces will satisfy the intent of this chapter, because
of variations in the time of maximum use or any other reason, the
Planning Board may waive the improvement of not more than 25% of the
required number of parking spaces. In such case, it must be demonstrated
on the site plan that sufficient usable lot area remains for the eventual
provision of the total number of required parking spaces. All unimproved
parking spaces shall be used and maintained as landscaped grounds
until required for parking, and must be improved for parking in accordance
with the site plan within six months after written notice is given
by the Village Engineer to the property owner stating that improvement
of all or a portion of the parking spaces is necessary.
(6)
Outdoor lighting shall be limited to that necessary
for operational reasons and shall be so designed as to not be incompatible
with surrounding land uses. It shall be directed away from nearby
streets and properties and shall be placed or shielded so that no
direct light source (i.e., bulb, lamp, tube) shall be visible at any
property line at a height of more than four feet above grade. Outdoor
lights shall be mounted not more than 14 feet above adjacent finished
grade.[1]
(7)
The entrance to all off-street parking and truck unloading
spaces shall be from an internal driveway system or local street and
not from a secondary street, major or business street, or state or
county highway.
(8)
Off-street parking and unloading areas shall be designed
to avoid the impression of large scale paved areas. This shall include
provisions for landscaping and screening and landscaped islands within
the parking areas in the proportion of 10 square feet for each uncovered
or unenclosed parking space.
D.
Shared usage. Notwithstanding anything herein to the
contrary, a portion of the site not otherwise required for buildings
or parking may be used for public recreation by the owner or operator
of the principal use or by any other entity, provided that such portion
of the site is in one contiguous piece and does not exceed 60% of
the area of the total site.
A.
General. All structures and land uses hereafter erected,
enlarged, created or extended, reduced in intensity or otherwise modified
shall be provided with the amount of off-street parking space and
loading and unloading space required by the terms of this section
to meet the needs of persons occupying such structures or land. A
permit for the erection, replacement, reconstruction, extension or
substantial alteration of a structure, or the development of a land
use, shall not be issued unless off-street parking facilities and,
where required, loading and unloading spaces shall have been laid
out in plan, and approved by the Planning Board, in accordance with
the appropriate requirements for structures and uses as set forth
in this section. As used herein, parking facilities shall be construed
to include loading and unloading spaces required by this section.
B.
Existing structures and uses. Structures and land
uses in existence on the effective date of this section, December
4, 1972, or structures and uses with approved building permits by
said date, shall not be subject to the parking or loading requirements
set forth in this section. However, parking and loading facilities
now existing to serve such structures or uses shall not be reduced
without approval by the Planning Board and then, if granted approval,
only to the extent they may exceed the total current requirements.
[Amended 5-21-1998 by L.L. No. 2-1998]
C.
Location, use, design, construction and maintenance.
(1)
Location of parking spaces. Required parking spaces
shall normally be provided upon the same lot as the use or structure
to which they are accessory, except that off-street parking spaces
required for structures or land uses on two or more adjacent lots
may be provided in a single common facility on one or more adjacent
lots may be provided in a single common facility on one or more of
said lots, provided that a legal instrument, satisfactory to the Village
Attorney, assures the continued existence of the parking facility
to serve said structures or land uses as long as they may exist. Such
agreements shall also guarantee that upon the termination of such
joint use, each subsequent use of the premises will provide off-street
parking facilities for its own use in accordance with all requirements
of this section. In no event shall such parking spaces be located
in any residence district.
(2)
Where two or more different uses occur on a single
lot, the total amount of parking facilities to be provided shall be
the sum of the requirements of such individual use on the lot, except
that upon recommendation of the Planning Board, the Board of Trustees
may approve the joint use of a parking space by two or more establishments
on the same lot or on adjacent lots, the total capacity of which is
less than the sum of the spaces required for each, provided that it
can be conclusively demonstrated that the parking capacity to be provided
will substantially meet the parking demand generated by reason of
variations in the probable time of maximum use by occupants of such
establishments and provided such approval of such joint use shall
be automatically terminated upon a change of use at any such establishment.
The Board of Trustees shall require, as a condition of its approval,
a legal instrument satisfactory to the Village Attorney assuring the
continued existence and use of the joint parking facilities in connection
with the uses and establishments they serve. In all cases it shall
be expressly demonstrated on the site plan that sufficient space remains
for the provision of the total amount of off-street parking required
and the site plan shall bear such designation. All such undeveloped
parking space shall be used and maintained as additional landscaped
grounds until required for parking. Written guarantees, satisfactory
to the Village Attorney, shall be submitted by the applicant for the
eventual improvement of any such spaces which may have been waived
within six months of the date of written notice to the property owner
by the Planning Board that such spaces have been determined as necessary
and must be constructed.
(3)
Size of parking spaces. Each parking space shall be
at least 180 square feet in area and shall be shaped as a rectangle
at least nine feet wide and 20 feet long if unenclosed. Such spaces
shall be 10 feet wide if bordered by walls or columns on two or more
sides. Where parking spaces are defined by curbs providing space for
overhang of vehicles such spaces may be reduced in depth to 18 feet
as measured from said curb and exclusive of two-foot vehicle overhang.
Backup and maneuvering aisles between rows of parking spaces shall
be 25 feet wide if parking spaces are nine feet wide and 24 feet or
23 feet wide if such parking spaces are 9 1/2 feet or 10 feet wide,
respectively.
[Amended 5-21-1998 by L.L. No. 2-1998]
(4)
Access. Unobstructed access to and from a street shall
be provided for all parking spaces. Such access shall consist of at
least one twelve-foot wide lane for parking areas with less than 30
parking spaces and at least two ten-foot wide lanes for parking areas
with 30 parking spaces or more. No entrance or exit for any off-street
parking shall exceed a grade in excess of 6% within 25 feet of any
street line, nor 12% at any other point.
(5)
Grades, drainage and surfacing. The maximum slope
of a parking space shall not exceed 5%. All parking areas shall be
properly drained and all such areas, except for parking spaces accessory
to a one- or two-family dwelling, shall be paved with a dust-free
surface in accordance with specifications of the Village of Briarcliff
Manor.
(6)
Landscaping within parking areas.
(a)
Except in one- and two-family residences, all
off-street parking areas shall be curbed and landscaped with appropriate
trees, shrubs, and other plant materials and ground cover, as approved
by the Planning Board, to assure the establishment of a safe, convenient
and attractive parking facility. Wherever possible, raised planting
islands, at least six feet in width, shall be used to guide vehicle
movement and separate opposing rows of parking space so as to provide
adequate space for plant growth, pedestrian circulation and vehicle
overhang. Such raised planting islands and the landscaping within
them shall be designed and arranged in such a way as to provide vertical
definition to major traffic circulation aisles, entrances and exits,
to channel internal traffic flow and prevent indiscriminate diagonal
movement of vehicles, and to provide relief from the visual monotony
and shadeless expanse of a large parking area. Curbs should also be
used for surface drainage purposes and to prevent vehicles from overlapping
sidewalks and damaging landscaping materials.
(b)
The selection, amount, and location of all landscaping
materials shall be subject to approval by the Planning Board based
upon consideration of the adequacy of the proposed landscaping to
serve its intended purpose with a minimum amount of maintenance problems,
including plant care, snow plowing and the removal of leaves and other
debris. At least one tree, of planting grade, shall be provided within
such parking area for each 12 parking spaces.
(c)
Any parking facility serving a non-single-family
residential use which is located in or adjacent to a single-family
residence district shall be screened, by means of evergreen plantings
not less than six feet in height, from the adjoining residential property
in such district.
(d)
No obstruction to vision shall be erected or
maintained on any lot within the triangle formed by the street lines
of such lot; the outer edge of the access driveway to the parking
area, and a line drawn between points along such street line and access
drive 30 feet distant from their point of intersection.
(7)
Traffic circulation. In order to promulgate safety
and convenient traffic circulation the Planning Board may require
the interconnection of parking areas via access drives within and
between adjacent lots. The Board shall require written assurance and/or
deed restrictions, satisfactory to the Village Attorney, binding the
owner and his heirs and assignees to maintain and permit such internal
access and circulation and inter-use of parking facilities.
(8)
Required off-street parking facilities which, after
development, are later dedicated or leased to and accepted by the
Village shall be deemed to continue to serve the uses or structures
for which they were originally provided.
(9)
Improvement of parking facilities. Required off-street
parking facilities may be enclosed in a structure, or may be open,
except as may be specifically required elsewhere in this chapter,
provided that all required parking facilities shall be graded, surfaced,
drained and suitably maintained to the satisfaction of the Village
Engineer to the extent necessary to avoid nuisances of dust, erosion,
or excessive water flow across public ways or adjacent lands. In multifamily
residential development and in nonresidential development, the Village
Engineer shall require the provision of suitable markings to indicate
individual parking spaces, maneuvering area, entrances and exits.
(10)
Operation and maintenance of off-street parking
facilities. Required off-street parking facilities shall be completed
before a certificate of occupancy shall be issued, and said parking
facilities shall be maintained as long as the structure or use exists
which the facilities are designed to serve. Required parking areas
developed for specific structures and uses shall be reserved at all
times for those persons who occupy or make use of such structures
and land uses, except when dedicated to and accepted by the Village
as public parking areas. The owner of the property used for parking
shall maintain such area in good condition, including all facilities
constructed, landscaping, plant care, snow plowing and the removal
of leaves and other refuse throughout the duration of its use.
(11)
Alternate method of providing parking spaces.
Where, because of limitations of size, dimensions, or topography of
lot, an applicant for a building permit in a nonresidential district
finds it impractical to provide all or a portion of the off-street
parking spaces required in connection with a proposed building or
addition, he may offer to grant and convey to the Village, appropriately
and conveniently located and developed land for parking in an equivalent
amount. Upon report to the Board of Trustees by the Planning Board
stating that it concurs in such findings and the appropriateness of
the proposed land for parking, the Board of Trustees, at its discretion,
may accept such developed land, providing it is permanently dedicated
to the Village.
(12)
Off-street loading requirements. Off-street
loading and unloading facilities as defined in this chapter shall
be located on the same site with the use to be served and shall be
provided as follows:
(a)
Each off-street loading unit shall be 10 feet
wide, except that the first shall be 12 feet wide, 14 feet high and
45 feet long, exclusive of access and turning areas, and may be located
within any structure, within a side or rear yard, or within a required
off-street parking area, provided that it does not bar access to such
parking area.
(b)
For retail and service business establishments,
restaurants and other places serving food and beverages: one space
for the first 4,000 square feet of gross floor area or major portion
thereof and one additional space for each 10,000 square feet or major
portion thereof in excess of 4,000 square feet.
(c)
For wholesale business, storage warehouses,
and other commercial establishments: one space for each establishment,
and one additional space for each 10,000 square feet of gross floor
area or major portion thereof in excess of 4,000 square feet.
(d)
Reasonable and appropriate off-street loading
requirements for structures and land uses shall be determined in each
case by the Planning Board, which shall consider all factors entering
into the loading and unloading needs of such use.
(13)
Unless modified by the above provisions or by
other provisions of this chapter, off-street parking facilities shall
be provided in an amount as required by the list below. Reasonable
and appropriate off-street parking requirements for structures and
land uses which do not fall within the categories listed below, shall
be determined in each case by the Planning Board. The Planning Board
shall consider all factors entering into the parking needs of each
such use or reuse of land or buildings and may, in the course of site
plan or special permit review, reduce or increase the parking and
loading requirements and in an amount which it considers appropriate
and in the best interest of the Village. In all cases, the Planning
Board shall require appropriate safeguards for the provision of the
normally required parking and loading facilities. In no case shall
such reduction or increase be greater than 25% of that normally required
by the zoning chapter.
[Amended 10-16-1997 by L.L. No. 5-1997; 3-16-2011 by L.L. No. 2-2011; 11-5-2014 by L.L. No. 2-2014; 5-17-2017 by L.L. No. 1-2017]
|
Use
|
Minimum Required Off-Street Parking
| |
|---|---|---|
|
One- and two-family residence
|
2 spaces for each dwelling unit
| |
|
Accessory building dwelling unit permitted in a residential
district
|
2 spaces for each accessory building dwelling unit
| |
|
Professional office or home occupation permitted
in a residential district
|
4 units for each doctor, dentist, or medical
practitioner, plus 1 unit for each employee, in addition to space
required for residential uses; for other occupations, 2 spaces in
addition to spaces required for residential uses
| |
|
Multifamily dwellings
|
1.3 spaces for each one-room (studio or efficiency
apartment) unit. 1.5 spaces for each two-room unit (1 bedroom); 2.0
spaces for each three-room unit (2 bedrooms); plus 0.5 space for each
additional bedroom beyond 2
| |
|
Retail, service business or carry-out food establishment
|
1 space for each 150 square feet of gross floor
area on the ground floor and 1 space for each 250 square feet of gross
floor area on other floors
| |
|
Mixed-use retail business and residential
|
If the overall residential portion of the building or group
of buildings is equal to or greater than 80% of the gross floor area
of the building or group of buildings and if all of the dwelling units
are affordable AFFH units, then the required off-street parking shall
be 70% of the total number of spaces that would be required under
this section if the number of spaces for each of the uses were calculated
separately and added together, and if the overall residential portion
of the building or group of buildings is less than 80% of the gross
floor area of the building or group of buildings; or if all of the
residential dwelling units are not affordable AFFH units, then the
number shall be the number of spaces required for each of the uses
calculated separately and added together; but in either case, the
Planning Board may fix a lower number if the applicant submits a parking
accumulation study and demonstrates to the Planning Board's satisfaction
that such lower number is sufficient to meet the demands of the retail
and residential uses
| |
|
Business offices or banks
|
1 space for each 250 square feet of gross floor
area, or 1 per employee, whichever is greater
| |
|
Restaurant
|
1 space for each 100 square feet of gross floor
area, or 1 space for each 4 seats, whichever requirement is greater,
plus 1 for each employee
| |
|
Theater, auditorium, stadium or other place
of public assembly, including a place of worship
|
1 space for each 3 fixed seats, or 1 space for
each 100 square feet of floor area in places without fixed seats
| |
|
Funeral home
|
10 spaces, plus 1 space for every 60 square
feet of floor area available for public use
| |
|
Hospital or nursing home
|
1 space for each 2 beds, plus 1 for each employee
| |
|
Animal hospital
|
1 space for each 350 square feet of gross floor
area, plus 1 for each employee
| |
|
Automotive service station
|
10 spaces, but not less than 4 spaces for each
service bay, including each service bay as a parking space, plus 1
space for every 150 square feet of retail space which is not incidental
to the automotive service use. For good cause shown by the applicant
and as part of site plan approval, the Planning Board may permit up
to 50% of the required spaces without a backup aisle for the storage
vehicles awaiting repair.
|
A.
Conformity required. No building or land shall hereafter
be used or occupied and no building or part thereof shall be erected,
moved, or altered unless in conformity with the regulations herein
specified for the district in which it is located or is to be moved.
B.
Completion of structures for which a permit has been
issued. Nothing in this chapter, or any amendment thereto, shall be
deemed to require any change in the plans, construction or designated
use of any building for which a permit was duly issued and on which
actual construction was lawfully begun prior to the effective date
of this chapter or of any amendment thereto and upon which building
actual construction has been diligently carried on. “Actual
construction” is hereby defined to be the actual placing of
construction materials in their permanent position, fastened in a
permanent manner, except that where a basement or cellar is being
excavated such excavation shall be deemed to be actual construction,
or where demolition or removal of an existing structure has been substantially
begun preparatory to rebuilding, such demolition and removal shall
be deemed to be actual construction; provided that actual construction
work shall be diligently carried on and the building completed within
the term of the building permit and any extension thereto. Similarly,
whenever a district shall be changed hereafter, the provisions of
this subsection with regard to previously issued building permits
shall apply to building permits issued for construction in such changed
district prior to the time the amendment effecting such change becomes
effective.
[Amended 11-6-2003 by L.L. No. 10-2003]
C.
Required yards cannot be reduced or used by another
building.
(1)
Yards may not be reduced. No lot shall be so reduced
in area as to make any yard or court smaller than the minimum required
under this chapter.
(2)
Yards may not be used for another building. No part
of a yard, court or other open space provided about any building or
structure for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard, court or other open
space required under this chapter for another building or structure.
(3)
Division of existing lot must assure conformity of
each part. Where a lot is formed from part of a lot already occupied
by a building, such separation shall be effected in such manner as
not to impair any of the provisions of this chapter with respect to
the existing building and no permit shall be granted for the erection
of a new building or structure upon the new lot thus created unless
it complies with all the provisions of this chapter.
D.
Applicability of bulk local laws. Nothing in the building bulk provisions of Local Law No. 6 of 2003, adopted on September 3, 2003, or in this Local Law No. 7, adopted on August 16, 2007, shall be deemed to require any change in the plans, construction or designated use of any building (i) for which a special permit was duly issued prior to the adoption date of said local law, regardless of the status of the construction of such building, or (ii) for which a building permit was duly issued and on which actual construction was lawfully begun prior to the adoption date of said local law and upon which building actual construction has been diligently carried on. For purposes of this section, the definition of "actual construction" shall be that as provided in § 220-13B hereof.
[Amended 9-3-2003 by L.L. No. 6-2003; 8-16-2007 by L.L. No.
7-2007]
E.
Westchester County Greenway Compact Plan. By Local Law No. 5 of the Year 2004, the Village of Briarcliff Manor has adopted the Westchester County Greenway Compact Plan, as amended from time to time and accepted by the Village of Briarcliff Manor as set forth in Chapter 217, as a statement of policies, principles, and guides to supplement other established land use policies in the Village. In its discretionary actions under this Zoning Code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
[Added 11-4-2004 by L.L. No. 5-2004]
[Amended 5-21-1998 by L.L. No. 2-1998]
A.
Review required. No building permit shall be issued
and no building or use shall be established other than for a single-family
dwelling, except in conformity with a site development plan approved
by the Planning Board, and no certificate of occupancy for such building
or use shall be issued until all the requirements of this section,
including those required by the Planning Board under the provisions
of this section, have been met. Continued conformance with such a
plan and such requirements shall be a condition of any certificate
of occupancy issued. Revisions of such plans shall be subject to the
same approval procedure.
B.
Application for site plan approval. An application
for a building permit for a use requiring the site development plan
approval by the Planning Board shall be made to the Building Inspector
and shall be accompanied by the following information: A detailed
site plan showing the applicant's entire property and adjacent properties
and streets at a convenient scale, and including the following information:
(1)
Location of all existing and proposed buildings.
(2)
Use and exterior design of all buildings, including
the location and attachment of mechanical equipment and other appurtenances
to the exterior or at the roof.
(3)
Any proposed division of buildings into units of separate
occupancy.
(4)
Location of all parking and truck loading areas with
access and egress drives.
(5)
Layout of parking areas with planting strips.
(6)
Location of any existing and proposed outdoor storage.
(7)
Location of all existing and proposed site improvements
with existing and proposed contours of applicant's entire property,
including location of all existing and proposed drains, culverts retaining
walls, fences and sewage disposal facilities and location of existing
and proposed connection to all public utilities.
(8)
Location and site of all existing and proposed signs.
(9)
Location and proposed development of all required
screening and planting areas.
(10)
Location and design of all exterior lighting.
(11)
Location and design of all fencing and signage.
(12)
All other pertinent information affecting exterior
appearance.
(13)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any site plan approval that qualifies as or authorizes a land development activity as defined in Chapter 184, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184, Article I. The approved site plan shall be consistent with the provisions of Chapter 184, Article I.
[Added 12-20-2007 by L.L. No. 9-2007]
C.
Referral of application to Planning Board. Each application requiring site development plan approval, together with the required information described in Subsection B above, shall be referred to the Planning Board by the Building Inspector within five days of the date of application.
D.
Time for Planning Board decision. Where required,
a public hearing shall be held within 62 days of receipt of a complete
application. Within 62 days of the date of the close of the public
hearing, or of the date that the complete application was received
if no hearing has been held, the Planning Board shall decide whether
to approve, approve with modifications or disapprove the site plan.
The time at which the Planning Board must arrive at its decision may
be extended at the request of the applicant or as necessary for the
Planning Board to complete all necessary environmental review requirements
pursuant to the State Environmental Quality Review Act (SEQRA). A
copy of the Board's decision shall be filed in the office of the Village
Clerk within five business days after such decision is rendered, and
a copy thereof mailed to the applicant.
E.
Standards for site plan approval. In acting upon any
site development plan, the Planning Board shall determine that the
site layout and overall appearance of all buildings in the proposed
development are such that they will have a harmonious relationship
with existing or permitted development of contiguous land and of adjacent
neighborhoods; will have no material adverse effect upon the desirability
of such neighborhoods for the residential uses contemplated by the
comprehensive zoning plan; and that the purpose and intent of the
zoning regulations will be met to the end that the value of buildings
will be conserved and the most appropriate use of land will be encouraged.
The following specific standards shall be met in site development
plans, in addition to the standards set forth in other sections of
the chapter:
[Amended 9-3-1998 by L.L. No. 4-1998; 12-1-2020 by L.L. No. 11-2020; 5-4-2021 by L.L. No. 6-2021]
(1)
Minimum yards and screening.
(a)
Any structure or use, except a single-family residence and its permitted accessory uses, on a lot adjacent to a residence district, shall have a yard of not less than 20 feet (or more if specifically required herein for a particular district) extending along the lot lines adjoining the residence district, and such lot shall be planted with evergreen plant screening of such type, size and arrangement approved by the Planning Board as adequate to meet the standards listed in the first paragraph of Subsection E. Existing trees, plantings or other vegetation, topography, walls and fencing may be considered by the Planning Board as partly or wholly meeting the requirement.
(b)
Where the structure or use is located in a business district, on any lot adjacent to a residence district, the Planning Board may permit the reduction of the minimum yard requirement as outlined in Subsection E(1)(a) to not less than 10 feet, provided the wall or walls of the structure have no openings, other than those required for emergency egress, facing the residential district, and the planting is such as to give proper partial screening of the buildings.
(c)
Where the structure or use is located in a central business district on any lot adjacent to a residence district, the Planning Board may permit the reduction or elimination of the minimum yard requirement as outlined in Subsection E(1)(a), provided that existing or proposed landscape, screening, fencing, trees, and/or topography (on the subject lot or on an adjacent lot or lots) are sufficient to adequately screen the structure or use from the adjacent residence district.
(2)
All exterior lighting shall be of such type, height, location, and
so shaded that the source of light may not be seen beyond the boundaries
of the lot on which it is located. A source of light shall be deemed
to include any transparent or translucent covering of the light, except
in the case of the use of such materials in a permitted sign, where
such sign does not face the adjoining lot or lots in a residence district.
(3)
In acting on any site development plan application, the Planning Board shall also take into consideration solar access, insofar as feasible, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation both on and off the site, and the impact on solar access to adjacent uses and properties, and the location and display of signs and all other matters listed in Subsection B above, so that any development will have an attractive and high quality of design and harmonious relationship with the contiguous land and adjacent neighborhoods and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system.
(4)
Nonresidential developments shall also be compatible with the architectural
style, character and visual composition of the Village business areas
in which they are located.
(5)
Site plans containing residential units shall show, when required
by the Planning Board, a park or parks suitably located for playground
or other recreational purposes within the Village in accordance with
requirements of § 7-725-a, Subdivision 6, of the Village
Law. The Planning Board shall determine whether a proper case exists
for requiring such land reservation. Such determination shall include
an evaluation of the present and anticipated future needs for park
and recreational facilities in the Village based on projected population
growth to which the particular site plan will contribute. In the event
the Planning Board determines that suitable lands do not exist for
such reservation, it may require the payment of a fee in lieu of land
reserved for park, playground or other recreational purposes in accordance
with a fee schedule established by the Village Board of Trustees.
F.
Maintenance of property. In addition to violations of the New York State Uniform Code, any violations of Chapter 90, Building Construction and Fire Prevention, or Chapter 161, Property Maintenance, the failure to maintain landscaping, lighting, parking facilities, stormwater management facilities, or signage in accordance with an approved site plan shall be construed as a violation of an approved site plan. If any such violation is found upon a site visit by a Code Enforcement Officer or other local official conducted under the terms of § 90-32, Inspection and notice, of the Village Code, or any other inspection, that maintenance of development has not taken place in accordance with the terms stated in the approved site plan, in addition to any other lawful penalties or remedies, the Village Board of Trustees or the Building Inspector, each at their sole discretion, shall have the right to rescind any certificate of occupancy related to the property until such time as the facilities are restored to proper working order in accordance with the terms of the approved site plan and all applicable chapters of the Village Code and New York State Uniform Code.
[Added 9-14-2021 by L.L.
No. 15-2021]
[Amended 12-20-2007 by L.L. No. 9-2007; 1-21-2015 by L.L. No. 1-2015]
Notwithstanding other provisions of this chapter, all development
regulated by this chapter shall be subject to the provisions of this
section, which provisions are designed to protect and enhance the
integrity of land proposed for development containing steep slopes
in the Village of Briarcliff Manor. The Village Board of the Village
of Briarcliff Manor finds and declares it to be the public policy
of the Village to preserve, protect and conserve its steep slopes
so as to maintain and protect the natural terrain and its vegetative
features, protect wetlands, water bodies and watercourses, prevent
flooding, provide safe building sites and protect adjoining property
by preventing surface erosion and sudden slope failure. The establishment
of regulatory and conservation practices to prevent adverse disturbance
of steep slopes is considered to be in the best interest of the public
health and welfare to achieve the above-stated goals. To these ends,
the following standards and provisions are set forth:
A.
Steep slopes. "Steep slopes" are defined as any geographical area
proposed for disturbance, whether on a single lot or not, having an
area of 10,000 square feet or greater with a topographical gradient
of 15% or greater (ratio of vertical distance to horizontal distance),
with a minimum horizontal dimension of 10 feet. Notwithstanding the
foregoing sentence, steep slopes shall not be subject to these regulations
if determined by the Planning Board that:
(1)
The steep slope is entirely within the subject parcel(s) and the
impacts from the proposed disturbance of same do not impact any other
parcel of property in the Village or can be addressed wholly within
the parcel on which such steep slopes are located; or
(2)
The steep slopes are part of a system of steep slopes that extend
beyond the boundaries of the subject parcel(s) and it can be demonstrated
there are no impacts of disturbance of the steep slope beyond the
subject parcel.
B.
Applicability.
(1)
Regulated activities. It shall be unlawful to create a new steep slope area or to create any disturbance, other than an exempt activity as defined in Subsection B(2) hereof, on any existing or proposed steep slope in the absence of a steep slope approval issued by the Planning Board.
(2)
Exempt activities. The following activities on steep slopes do not
require the issuance of a steep slopes approval:
(a)
Normal ground maintenance, including moving, trimming of vegetation
and removal of dead or diseased vegetation, selective trimming and
pruning in previously landscaped areas and decorative planting, provided
that such activity does not involve regrading, and further provided
that such activity conforms with all other applicable ordinances,
laws and regulations.
(b)
The disturbance to steep slopes under temporary emergency conditions,
as determined by the Village Engineer, where such disturbance is necessary
to protect persons or property from present and imminent danger.
C.
Steep slopes map. The Westchester County Geographic Information Systems Municipal Tax Parcel Viewer Map, illustrating area with slopes of 15% to 25% and over 25%, is hereby adopted as part of the Village's zoning chapter and shall hereinafter be used for reference in the determination of slopes. Said map shall hereinafter be called "The Village of Briarcliff Manor Slopes Map." Further, any applicant, at the applicant's discretion, shall be permitted to prepare a site-specific steep slopes map prepared by a licensed professional engineer or land surveyor in accordance with Subsection D. The site-specific steep slopes map shall be the prevailing map, if such map is prepared.
D.
Limitations.
(1)
Slopes 25% or more. No land shown on either the Village of Briarcliff
Manor Slopes Map or a site-specific steep slopes map shown as having
slopes of 25% or more shall be developed or in any way physically
modified, except when, in the opinion of the Planning Board, said
development or modification is deemed necessary for access, land or
natural terrain preservation or enhancement, or some other necessary
purpose. These steep lands may be used as or may comprise a portion
of development areas so long as such development areas have sufficient
"nonsteep" space for the particular type of development proposed and
in accordance with the requirements of this chapter.
(2)
Slopes 15% to 25%. No land shown on either the Village of Briarcliff
Manor Slopes Map or a site-specific steep slopes map shown as having
slopes of 15% to 25% shall be developed or in any way physically modified,
except when, in the opinion of the Planning Board, said land may be
used for a use permitted within the zoning district within which it
is located, without creating an adverse impact on the natural terrain
("Natural resources" is not defined herein and above in "Protection
of Steep Slopes" the term "natural terrain" is used.) of the Village
of Briarcliff Manor, including but not limited to land erosion and
flooding. In the review and approval procedures established in this
chapter, the Planning Board is further empowered to mandate development
techniques which in its opinion may preserve the steep slopes.
E.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any natural resources or steep slope approval that qualifies as or authorizes a land development activity as defined in Chapter 184, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184, Article I. The approved steep slope approval shall be consistent with the provisions of Chapter 184, Article I.
F.
Artificial steep slopes. The Planning Board, at its sole discretion,
may make exceptions for man-made or artificially created slopes. Artificially
created steep slopes shall be defined as a mound, berm, graded area
or other similar feature containing slopes greater than 15% and located
on a single parcel or across several contiguous parcels, whether permanent
or temporary.
G.
Permits. Applications for permits to conduct any regulated activities
under this section shall be submitted in duplicate to the Village
Engineer for approval or for referral to the Planning Board and shall
include the following information:
(1)
Name and address of applicant or applicant's agent, if any, and whether
applicant is owner, lessee, licensee, etc. If applicant is not the
owner of record, the written consent of the owner must be attached.
(2)
Statement of the specific purpose, nature and scope of the activity
proposed.
(3)
Any topographical and perimeter surveys, hydrological computations,
engineering studies and other factual or scientific data and reports
as deemed necessary by the approving authority (Planning Board or
Village Engineer) to permit it to arrive at a proper determination.
H.
After a permit shall have been granted by the Planning Board, and
as a condition for the issuance thereof, the applicant shall pay a
fee as shall be set forth by resolution of the Village Board of Trustees
in the Master Fee Schedule, which may be amended, to said Board.
[Amended 5-21-1998 by L.L. No. 2-1998; 1-20-2000 by L.L. No. 1-2000; 1-20-2000 by L.L. No. 2-2000; 8-2-2007 by L.L. No. 6-2007; 12-17-2009 by L.L. No.
6-2009]
A.
May be continued subject to conditions. Any building, lot, or use
lawfully existing under the provisions of the Zoning Ordinance in
effect immediately prior to the date on which this chapter became
effective, although not conforming with the provisions of this chapter
for the district in which it is situated, may be continued or built
upon, subject to compliance with the conditions set forth in this
section. Similarly, whenever a district shall be changed hereafter,
the provisions of this chapter with regard to any building, or use,
or lot lawfully existing at the time of the passage of this chapter
shall apply, subject to the conditions set forth in this section,
to any building, use, or lot lawfully existing in such changed district
at the time of the passage of such amendment.
(1)
Nonconforming buildings.
(a)
A building which is nonconforming with respect to any of the Zoning District lot and building limitations set forth in § 220-4 of this chapter may be enlarged or altered in any manner that does not increase that nonconformity and otherwise complies, after the enlargement or alteration, with the Zoning District lot and building limitations, other than size of lot, set forth in § 220-4 of this chapter.
(2)
Nonconforming lots.
(a)
A lot which does not conform to the minimum lot size requirement
for the Zoning District in which it is situated and which:
[1]
Conformed with that lot size requirement on January 1, 2009, and was not in the same ownership as an adjacent lot on that date, may be used and developed as a lot for any purpose permitted in the district in which it is situated so long as such use or development complies with the Zoning District lot and building limitations, other than size of lot, set forth in § 220-4 of this chapter.
[2]
Conformed with that lot size requirement on January 1, 2009, and was in the same ownership as an adjacent lot on that date, may be used and developed as a lot for any purpose permitted in the district in which it is situated so long as such use or development complies with the Zoning District lot and building limitations, other than size of lot, set forth in § 220-4 of this chapter.
[3]
Did not conform with that lot size requirement on January 1, 2009, but was not in the same ownership as an adjacent lot on that date, may be used and developed as a lot for any purpose permitted in the district in which it is situated so long as such use or development complies with the Zoning District lot and building limitations, other than size of lot, set forth in § 220-4 of this chapter.
(b)
A building which is located on a nonconforming lot but is conforming with respect to all of the Zoning District lot and building limitations, other than size of lot, set forth in § 220-4 of this chapter may be enlarged or altered in any manner that complies, after the enlargement or alteration, with the Zoning District lot and building limitations, other than size of lot, set forth in § 220-4 of this chapter.
(c)
A building which is located on a nonconforming lot and is nonconforming with respect to any of the other Zoning District lot and building limitations set forth in § 220-4 of this chapter may be enlarged or altered in any manner that does not increase that nonconformity and otherwise complies, after the enlargement or alteration, with the other Zoning District lot and building limitations, other than size of lot, set forth in § 220-4 of this chapter.
(3)
Nonconforming uses.
(a)
No nonconforming use of a lot shall be enlarged or extended to additional land except that, in the case of golf clubs, the Board of Trustees may, by special permit, issued in accordance with the provisions of § 220-6 of this chapter, authorize such an enlargement or extension to adjoining residential parcels, which such nonconforming land touches, if the Board of Trustees finds that such use furthers the goal of open space preservation and the purposes of § 220-7 of this chapter, maintains or improves the relationship between the subject property and the surrounding community, results in improvement in the public welfare, health, safety and applicable environmental concerns; and unique circumstances exist that support the need for such enlargement or extension. Such special permit may include such conditions and restrictions relative to the use and operation of such nonconforming use as the Board of Trustees may find are necessary to achieve such purposes. Except as may be permitted under Subsection C of this section, no such building which is nonconforming with respect to use shall be enlarged, nor shall such building be altered structurally except as may be required by order of the Building Inspector to strengthen or restore such building or restore such building or any part thereof to a safe condition.
(b)
After notice and hearing, the Board of Appeals may permit an
existing nonconforming use to be extended throughout those parts of
a building which were manifestly arranged or designed for such use
prior to the time of enactment of this chapter, if no structural alterations
except those required for health or safety are made therein.
(c)
A nonconforming use may not be changed to another nonconforming
use, except that within six months after cessation of a lawfully existing
nonconforming use, after notice and hearing the Board of Appeals may
grant a temporary conditional permit for a new nonconforming use within
the same structure, provided the Board of Appeals finds that the proposed
new nonconforming use will be more in keeping with the character of
the neighborhood than the former nonconforming use, will generate
less traffic and will tend to facilitate the later conversion of the
structure to a conforming use. However, no such temporary permit shall
be for more than five years, with not more than two successive extensions
thereof of not more than five years each, and the Board of Appeals
in granting such temporary permit or any renewal thereof shall impose
such conditions as it deems necessary in the public interest for the
protection of nearby conforming uses.
(d)
Effect of discontinuance. No such nonconforming use, if discontinued
for six months or longer, shall be resumed.
B.
If made to conform, may not revert to nonconformity. No such nonconforming
building or use, if changed to a building or use which conforms to
the provisions of this chapter, shall be changed back to a nonconforming
building or use.
C.
Effect of serious damage.
(1)
In all nonresidential zoning districts, no nonconforming nonresidential building destroyed or damaged from any cause to the extent, as determined by the Building Inspector, of over 50% of the value of its structure above the foundation shall be restored in nonconforming form or location on the lot or for the continuance of a nonconforming use therein. Any such building destroyed or damaged accidentally due to fire, explosion or other cause to the extent, as determined by the Building Inspector, of not more than 50% of the value of its structure above the foundation may, if so permitted by the Board of Appeals, be restored in substantially the same location, provided that it be not enlarged and that it comply with height, yard, area and other requirements of the schedule, and provided also that the Board of Appeals may permit the continuance without enlargement of such previous existing nonconforming use subject to such additional limitation and safeguards as it may deem necessary in the public interest for the protection of nearby conforming uses. Anything to the contrary in this subsection notwithstanding, the Board of Trustees may, by special permit issued in accordance with the provisions of § 220-6 of this chapter, authorize a nonconforming golf clubhouse to be reconstructed or replaced, in whole or in part (but in no case enlarged), for its prior nonconforming use in substantially the same location and may permit the construction or replacement of any ancillary structure necessary or appropriate for such golf club use, provided that, in each such case, the Board of Trustees finds that such construction, reconstruction or replacement furthers the goal of open space preservation and the purposes of § 220-7 of this chapter, maintains or improves the relationship between the subject property and the surrounding community, and results in improvement in the public welfare, health, safety and applicable environmental concerns; and unique circumstances exist that support the need for such construction, reconstruction or replacement. Such special permit may include such conditions and restrictions relative to the use and operation of such nonconforming use as the Board of Trustees may find are necessary to achieve such purposes.
(2)
In all residential zoning districts, any nonconforming residential
building destroyed or damaged from any cause to any extent may be
repaired or reconstructed with the same habitable floor area, height,
footprint, or less, as it existed prior to the destruction or damage,
provided that the building fell within the definition of a legal preexisting
nonconforming structure.
(3)
Any nonconforming residential building in a nonresidential zoning
district destroyed or damaged from any cause to any extent may be
repaired or reconstructed with the same habitable floor area, height,
footprint, or less, as it existed prior to the destruction or damage,
provided that the building fell within the definition of a legal,
preexisting nonconforming structure.
(4)
Any repair or reconstruction as provided in this § 220-16C must comply with all fire, construction, health and safety rules, regulations, ordinances and laws applicable at the time of repair or reconstruction. Substantial work of any such repair or reconstruction must be commenced within a period of 24 months after the damage or destruction of the building and shall be diligently prosecuted to completion.
(5)
Application to rebuild must be made within six months. Application for permit to rebuild or restore the damaged portion of any building damaged or destroyed as set forth in this Subsection C shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the provisions of this chapter in all respects save as to the use of the building or structure.
(6)
Rebuilding must be completed within 18 months after a permit to rebuild
or restore is granted. If a permit for such rebuilding or restoration
is granted it, shall lapse 18 months thereafter except that the Building
Inspector in his discretion may grant a three-month extension thereof.
D.
Certain uses must cease within five years. Any nonconforming sign
made so by this chapter and any nonconforming use of land upon which
there is no substantial structure or building, and the use of which
is temporary in nature, such as a golf driving range, parking lot,
junkyard, outdoor auto sales, or any use similar to those enumerated,
shall be discontinued within five years from the adoption of this
chapter.
[Amended 5-21-1998 by L.L. No. 2-1998; 5-21-2019 by L.L. No.
1-2019; 10-10-2019 by L.L. No. 5-2019; 10-3-2023 by L.L. No. 8-2023]
The Board of Appeals, as heretofore established pursuant to
the Village Law, is hereby continued with all powers and duties prescribed
by Village Law and by this chapter, which powers and duties are summarized
and more particularly specified as follows, provided that none of
the following provisions shall be deemed to limit any of the power
of the Board of Appeals that is conferred by §§ 7-712,
7-712-a and 7-712-b of the Village Law. Said Board shall have the
power to adopt, from time to time, such rules and procedures not inconsistent
with law, as it may determine to be necessary to carry out the provisions
of these regulations and to exercise the authority vested in it by
the Village Law.
A.
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line, if uncertainty remains after reference to the rules specified in § 220-3C, Boundaries.
B.
Variances. Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of the chapter,
the Board of Appeals shall have the power in passing upon appeals
to vary or modify the application of any of the regulations or provisions
of this chapter relating to the use, construction or alteration of
buildings or structures or the use of land, upon application by an
appellant, so that the spirit of this chapter shall be observed, public
safety and welfare secured and substantial justice done.
(1)
Use variances. Where because of unnecessary hardship relating to
the land an applicant desires to utilize land for a use not allowed
in the district in which the land is located, the Board may grant
a variance in the application of the provisions of this chapter in
the specific case, provided that as a condition to the grant of any
such variance the applicant shall demonstrate to the Board, and the
Board shall make each and every one of the following findings, that
for each and every permitted use under the zoning regulations for
the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
(b)
The alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood;
(c)
The requested use variance, if granted, will not alter the essential
character of the neighborhood;
(d)
The alleged unnecessary hardship has not been self-created;
and
(e)
That within the intent and purposes of this chapter, the variance,
if granted, is the minimum variance necessary to afford relief and
at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community. To this end,
the Board may permit a lesser variance than that applied for.
(2)
Area variances. In making its determination, the Board of Appeals
shall consider the benefit to the applicant if the variance is granted,
as weighed against the detriment to the health, safety, and welfare
of the neighborhood or community by such grant. In making such determination,
the Board shall also consider the following factors:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance.
(b)
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue other than an
area variance.
(c)
Whether the requested area variance is substantial in relation
to the requirement.
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district.
(e)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board but shall not necessarily
preclude the granting of the area variance.
(f)
The Board, in the granting of an area variance, shall grant
the minimum variance that it shall deem necessary and adequate to
afford relief and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
To this end, the Board may permit a lesser variance than that applied
for.
(3)
Variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations, or where a proposed special permit use contains one or more features which do not comply with the zoning regulations, or where a proposed subdivision plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances pursuant to Subsection B(2), without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter.
C.
Conditions and safeguards. The Board of Appeals, in the granting
of both use variances and area variances, may prescribe such reasonable
conditions or restrictions applying to the grant of a variance as
it may deem necessary in each specific case, in order to minimize
the adverse effects of such variance upon the character and property
values of the neighborhood or community and to protect the public
health, safety and welfare. Such conditions or restrictions shall
be directly related to the proposed use of the property. Such conditions
or restrictions shall be incorporated in the building permit and certificate
of occupancy. Failure to comply with such conditions or restrictions
shall constitute a violation of this chapter, and may constitute the
basis for denial or revocation of a building permit, certificate of
conformance or certificate of occupancy and for all other applicable
remedies.
D.
Appeal or application. An appeal shall be taken within 60 days of
the order or decision appealed from, by filing with the official or
agency from whom the appeal is taken and with the Board of Appeals
a notice of appeal specifying the ground thereof. The official or
agency from whom the appeal is taken shall forthwith transmit to the
Board all the papers constituting the record upon which the action
appealed from is taken. A referral to the Board for a variance, or
a request for an interpretation, may be made at any time. All such
appeals and applications to the Board shall be made by the owner or
agent duly authorized, in writing, and shall be on forms prescribed
by the Board. Each appeal or application shall fully set forth the
circumstances of the case, shall refer to the specific provision of
the chapter involved, and shall exactly set forth, as the case may
be, the interpretation that is claimed, the details of the adjustment
that is applied for, and the grounds on which it is claimed that the
same should be granted.
E.
Review by other agencies.
(1)
Upon receipt of a completed application for review, the Secretary
of the Board of Appeals shall promptly transmit to Board of Appeals
a copy of the application and all papers related thereto with a notice
of hearing, a copy of which shall be sent to the Planning Board. The
Board of Appeals may also forward copies for review and comments to
the Building Inspector, Village Engineer and other officials, boards,
and agencies of the Village as it deems appropriate.
(2)
The Board of Appeals shall refer to the Westchester County Planning
Board for its recommendation all matters within the provisions of
Article 12B, §§ 239-I and 239-m, of the General Municipal
Law at least 10 days' prior to the public hearing.
(3)
Any interested party may, with respect to any such application, submit
comments for consideration prior to or at the public hearing.
F.
Public hearing. The Board of Appeals shall conduct a public hearing
on every application or request made pursuant to this chapter. Such
public hearing shall be held within a reasonable time, generally at
the next scheduled meeting of the Board of Appeals, but no earlier
than 15 days from the date the complete application is received by
the Secretary of the Board. The Board of Appeals shall meet monthly,
quorum permitting. No requirement herein shall mandate that the Board
of Appeals meet if no timely, completed application or request is
pending before the Board for its consideration.
G.
Notice of hearing. Notice of any hearing before the Board of Appeals
shall be published by the Village Clerk in the official paper at least
five days prior to the date of said hearing. Notice of the hearing
shall also be mailed by the Board to any parties having jurisdiction
over such appeal, at least five days before such hearing, and shall
give any other notice required by law. The applicant shall mail, by
certified mail, at least 10 days before such hearing, notice of the
hearing to all abutting property owners and to all owners of the property
situated directly across a street from the property affected by such
appeal, and any other property owners as the Village Clerk or Chairman
of the Board of Appeals may determine. Proof of such mailing, in a
form acceptable to the Village Clerk, shall be submitted to the Board
by the applicant prior to the hearing. The applicant shall be responsible
for the cost of publication and mailing of such notice. Such notice
shall include a plain-language description of the proposed construction
and the variance requested. Further, the applicant shall post a sign,
which should be located so that it is visible from the nearest public
street, on the property referenced in such application at least 10
days but not more than 20 days prior to the Board of Appeals'
scheduled hearing on the matter, and for a period of time determined
by the Board of Appeals. Such signs shall be issued by the Building
Department upon payment by the applicant of an amount to be set forth
by resolution by the Village Board of Trustees.
H.
Decision. The Board of Appeals shall decide upon the appeal for relief,
interpretation or determination within 62 days after the close of
said hearing. The time within which the Board must render its decision
may be extended by mutual consent of the applicant and the Board.
Every decision of the Board of Appeals shall be by resolution, shall
be recorded and shall fully set forth the facts of the case, the findings
and the conclusions on which the decision was based. The decision
of the Board shall be filed in the office of the Village Clerk within
five business days after the day such decision is rendered, and a
copy of such resolution shall be mailed to the applicant.
I.
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Board not previously
reviewed may be made by any member of the Board. A unanimous vote
of all members of the Board then present is required for such hearing
to occur. Such rehearing is subject to the same notice provisions
as an original hearing. Upon such rehearing, the Board may reverse,
modify or annul its original order, decision or determination upon
the unanimous vote of all members then present, provided the Board
finds that the rights vested by persons acting in good faith in reliance
upon the reviewed order, decision or determination will not be prejudiced
thereby.
J.
Fees. Any person or corporation, other than the Village of Briarcliff
Manor, making any application to the Board of Appeals under the provisions
of this chapter shall pay to the Building Department the sum as set
forth in the Schedule of Fees to cover the cost of advertising the
notice of hearing, upon each application filed.
K.
Membership.
(1)
ALTERNATE MEMBER
BOARD OF APPEALS
MEMBER
As used in this subsection, the following terms shall have the meanings
indicated:
An individual appointed by the Village Board of Trustees
to serve on the Village of Briarcliff Manor Board of Appeals when
a regular member has recused himself or herself or is otherwise precluded
from consideration of a matter before such Board or is absent or otherwise
unable to participate at a meeting of the Board.
The Board of Appeals of the Village of Briarcliff Manor.
An individual appointed by the Village Board of Trustees
to serve on the Village of Briarcliff Manor Board of Appeals.
(2)
Attendance of members at meetings. If a member must miss a meeting,
she or he shall provide written notification to the Chair in advance
of such missed meeting or as soon thereafter as is reasonably practicable,
and such member shall be recorded as "excused" for the meeting missed.
In the event that a member is absent for three meetings in any one
official Village year or without excuse for two consecutive meetings,
the Chair shall notify the Board of Trustees in writing, and the member
may be deemed by the Board of Trustees to have resigned from the Board,
and a replacement may be appointed for the balance of the term outstanding.
(3)
Alternate member.
(a)
Purpose. This alternate Board of Appeals member subsection shall
apply to appointment, terms, functions and powers of alternate members
appointed to serve on the Board of Appeals of the Village of Briarcliff
Manor.
(b)
Declaration of policy. As a result of recusals by Board members
or other reasons which may keep a member of the Board of Appeals from
participating in the consideration of a specific matter before such
Board, official business may not always be able to be conducted and
may delay or impede adherence to required timelines. The use of alternate
members in such instances is hereby authorized pursuant to the provisions
of this subsection.
(c)
Authorization. This subsection provides a process for appointing
one alternate member to the Board of Appeals to serve when a member
has recused himself or herself or is otherwise precluded from consideration
of a matter or is absent or otherwise unable to participate at a meeting
of the Board.
[1]
The alternate member shall be appointed by the Board of Trustees
for a term of one year.
[2]
An alternate member shall have all of the rights, privileges,
and responsibilities of a member of the Board of Appeals. When an
alternate member is voting or counting toward the calculation or composition
of a quorum, that circumstance shall be noted in the minutes of the
Board meeting.
[3]
All provisions of state law relating to Board of Appeals member
eligibility, vacancy in office, removal, compatibility of office and
service on other boards, as well as any provision of a local law relating
to Board of Appeals members, shall also apply to alternate members.
[4]
An alternate member shall attend meetings of the Board of Appeals,
including work sessions, regular meetings, and executive sessions,
shall sit with and participate in all deliberations of the Board on
all matters, and shall substitute for a member who has recused himself
or herself or is otherwise precluded from consideration of a matter
or is absent or otherwise unable to participate at a meeting of the
Board, but an alternate member shall not vote or count towards the
calculation or composition of a quorum unless he or she is substituting
for a member.
This chapter shall be enforced by the Building
Inspector who shall be appointed by the Board of Trustees.
A.
Building permits.
(1)
Applications. Applications for building permits shall
be made in the manner prescribed in the building code and the forms
used shall provide spaces for information essential to the administration
of this chapter.
(2)
Permits. Each building permit shall be issued only
upon compliance with this chapter, the building code and any other
applicable codes, ordinances or local laws of the Village. Any such
applicable requirements and any conditions imposed by the Board of
Appeals in relation to the building permit shall be recorded on the
face of such permit.
B.
Certificate of occupancy.
(2)
Occupancy prohibited without certificate. It shall
be unlawful for an owner to use or permit the use of any building
or premises, or part thereof, created, erected, changed, converted
or enlarged, wholly or partly, until a certificate of occupancy shall
have been issued by the Building Inspector. Such certificate shall
state that such building or premises, or part thereof, and the proposed
use thereof are in complete conformity with the provisions of this
Zoning Chapter, the building code and any approval granted hereunder.
It shall be the duty of the Building Inspector to issue a certificate
of occupancy, provided that it is satisfied that the building and
the proposed use of the building or premises conform with all the
requirements of the Zoning Chapter. The details of any site plan,
special permit or other approval by the Village Board of Trustees,
Planning Board or Board of Appeals acting under the terms of the Zoning
Chapter, and any conditions attached to such approvals, shall be deemed
to be requirements of the Zoning Chapter.
[Amended 3-16-2000 by L.L. No. 3-2000]
(3)
Continued conformity required. A certificate of occupancy shall be deemed to authorize continued or changed occupancy and use of the building or land to which it applies. It shall continue in effect as long as such building and the use thereof, or of such land, is in full conformity with the provisions of the Zoning Chapter and any requirements made in connection therewith at the time of the issuance thereof. Violations or noncompliance with such standards or requirements of the Zoning Chapter, or any plan detail or condition of any permit, certificate or approval granted in accordance with the Zoning Chapter shall constitute an offense punishable by fine or imprisonment, or both, in accordance with § 220-18C of the Zoning Chapter.
[Added 3-16-2000 by L.L. No. 3-2000]
(4)
Determination of conformance. The Building Inspector
shall maintain a record of all certificates, and copies shall be furnished
upon request to any person. Upon written request from the owner and
on payment by him to the Village of a fee in accordance with the current
fee schedule, the Building Inspector shall issue a statement for any
building or premises, certifying, after inspection, the extent and
kind of use or disposition of the building or premises and whether
such use or disposition of the building or premises conforms with
the provisions of the building code, this Zoning Chapter and of any
approval granted hereunder. The Building Inspector shall issue a notice
of violation and/or an order to remedy for any condition which is
found not to conform with the provisions of the building code, this
Zoning Chapter and of any approval granted hereunder.
[Added 3-16-2000 by L.L. No. 3-2000]
C.
Violations.
[Amended 3-16-2000 by L.L. No. 3-2000]
(1)
A violation of the Village Zoning Chapter is hereby
declared to be an offense, punishable by a fine not exceeding $350
or imprisonment for a period not to exceed six months, or both, for
conviction of a first offense; for conviction, of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 or an amount equal to twice the amount
of the person's gain from the commission of the offense, or imprisonment
for a period not to exceed six months, or both; and, upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 or
an amount equal to twice the amount of the person's gain from the
commission of the violation; or imprisonment for a period not to exceed
six months, or both. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of the Village
Zoning Chapter shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations.
(2)
Each week's continued violation shall constitute a
separate additional violation.
(3)
Any person, including any firm, corporation or other
entity, owner, builder, architect, engineer, tenant, contractor, subcontractor,
construction superintendent, agent or other person who shall violate
any provision of this Zoning Chapter or any other regulation made
under authority conferred thereby, or who shall violate or fail to
maintain continued conformity with any plan detail or condition of
any permit, certificate or approval granted in accordance with the
Zoning Chapter, or who shall assist therein, shall be deemed in violation
of this chapter and shall be liable upon conviction to a fine or imprisonment,
or both, as provided in the Zoning Chapter.
(4)
A notice of violation issued by the Building Inspector
relative to a premises shall be served either personally or by posting
the violation notice in a conspicuous place upon the premises affected.
If a notice of violation is served by posting it upon the premises,
a copy thereof shall be mailed within one day of posting to the person
to whom it is directed at such person's last known address as listed
in the Village tax rolls.
(5)
In the event that compliance with the notice of violation
is not made within five days from either personal service or from
posting and mailing, the Building Inspector may then serve an accusatory
instrument, as defined in the Criminal Procedure Law, in the Village
Justice Court to compel the appearance of the property owner, tenant,
lessee or other person in control of the property to appear in such
Court to answer the accusatory instrument. All provisions of New York
Sate Law affecting Village Code violations shall apply to these proceedings;
provided, however, that such notice shall not be required where in
the judgment of the Building Inspector the alleged violation constitutes
a threat to life, health or safety, in which no such notice shall
be required.
D.
Limitation on issuance of permit approvals and building
permits. Once the Board of Trustees of the Village of Briarcliff Manor,
by a duly adopted resolution, has authorized and scheduled a public
hearing on a proposed amendment to this chapter, and for a period
of 60 days after the date of adoption of such resolution, no building
permit shall be issued nor shall any subdivision, site plan, special
permit, or other land use approval, or variance be granted by the
Board of Trustees, Planning Board or Zoning Board of Appeals for the
erection, enlargement or alteration of any building or structure which
shall be contrary to, or in violation of, the provisions of the proposed
amendment. The provisions of this subsection shall cease to apply
on the effective date of the enactment of a proposed amendment if
such date occurs prior to the expiration of the sixty-day period set
forth herein.
[Amended 9-18-2003 by L.L. No. 8-2003[2]]
[Amended 3-16-2011 by L.L. No. 2-2011; 12-1-2020 by L.L. No. 11-2020]
A.
Fees to be determined by Board of Trustees. The fees to be charged
applicants for the processing of subdivision and site development
plans, payments in lieu of contributions to parklands, payments for
the creation of building lots or dwelling units, and any other payments
to be made pursuant to this chapter, shall be established by resolution
of the Board of Trustees and set forth in the Master Fee Schedule,
as may be amended from time to time. When a payment in lieu of contribution
to parklands is calculated based on the total number of dwelling units,
units which are Affirmatively Furthering Fair Housing (AFFH) shall
not be included in the total number of dwelling units for that calculation.
B.
Site development plans and recreation facilities. Any site plan containing residential units shall, when required by the Planning Board, include a park or parks suitably located for playground or other recreational purposes within the Village, in accordance with requirements of § 7-725-a, Subdivision 6, of the New York Village Law. The Planning Board shall determine whether a proper case exists for requiring such land reservation. Such determination shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute. If such need is found to exist, and the Planning Board determines that suitable lands do not exist on the subject property for such reservation, the Planning Board may require the payment of a fee in lieu of contribution to parklands in accordance with § 220-19C herein.
C.
Recreation fees for creation of dwelling units. In any zoning district,
where there is the creation of one or more dwelling units, and where,
in the opinion of the Building Inspector or Planning Board, no on-site
parkland or recreation facilities can accommodate the potential additional
residents, a recreation fee in lieu of contributions to parklands
shall be imposed. Such fee shall be calculated for the creation of
each dwelling unit, based on a schedule of such fees established by
resolution of the Board of Trustees and set forth in the Master Fee
Schedule, as may be amended from time to time, for each of the following
dwelling types: efficiency (studio unit), one-bedroom unit, two-bedroom
unit, three-bedroom unit, and four-bedroom unit or single-family (detached
or attached) dwelling. Any portion of constructed loft space, den,
study, basement area, or similar area in excess of 100 square feet
that may be used as an additional bedroom may be considered an additional
bedroom for fee calculation purposes. If any ambiguity in recreation
fees occurs due to the creation of both new dwelling units and new
lots, the maximum calculated recreation fees shall apply. No person,
firm, company or corporation shall make or cause to be made any opening
or excavation by cutting, digging, tunneling or otherwise in or under
any street, highway, sidewalk, right-of-way, or public place, whether
paved or otherwise, within the Village of Briarcliff Manor, for any
purpose whatsoever, except upon compliance with the provisions of
this chapter and the obtaining of a permit to be issued by the Village
and the payment of all fees and deposits required as provided herein.
In interpreting and applying the provisions
of this chapter they shall be held to be the minimum requirements
for the promotion of the public health, safety, convenience, comfort
and general welfare. It is not intended by this chapter to interfere
with or abrogate or annul any easement, covenant or other agreement
between parties; provided, however, that when this chapter imposes
a greater restriction on the use of buildings or land or on the heights
of buildings or requires larger open spaces, or makes any other greater
requirements than any imposed or required by any other ordinance,
rule, regulation, or by easements, covenants, or agreements, the provisions
of this chapter shall control. Where the requirements of this chapter
differ from the requirements of another ordinance, the more restrictive
shall govern.
If any section, subsection, paragraph, sentence,
clause, or phrase of this chapter is declared by any court of competent
jurisdiction to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of this chapter as a
whole or any part thereof other than the part so decided to be invalid
or unconstitutional.
The Building Zone Ordinance of the Village of
Briarcliff Manor adopted by the Board of Trustees on August 20, 1928,
and any and all amendments thereof are hereby repealed. Such repeal
shall not affect or impair any act done, offense committed or right
accruing, accrued or acquired, or liability, penalty, forfeiture or
punishment incurred, prior to the time such repeal takes effect, but
the same may be enjoyed, asserted, enforced, prosecuted or inflicted
as fully and to the same extent as if such repeal had not been affected.
