Airmont City Zoning Code
ARTICLE IV
Bulk Regulations
§ 210-27 General requirements.
The general requirements relating to the arrangement of buildings, structures and uses occupying a lot for the zoning districts established by Article II are hereby established.
§ 210-28 Bulk tables.
The accompanying tables entitled, for example, "RR-50 Rural Residential District Bulk Requirements," shall be a part of this chapter. They are referred to herein as the "bulk tables" and set forth the minimum bulk requirements of this chapter.
A.
The bulk tables are divided into columns, each column headed by a title of the applicable regulation. The bulk tables are divided by single horizontal lines into groups and each of the uses in such group is regulated by the bulk regulations for that group.
B.
Other articles herein contain supplemental requirements applying to bulk, setback and coverage of specified uses.
§ 210-29 Special bulk requirements.
A.
As part of any minimum lot area requirement of this chapter for residential uses, not more than 50% of any land underwater, subject to or within the one-hundred-year-frequency floodplain, designated wetlands, within easements or rights-of-way for overhead utilities, with slopes (unexcavated) of over 25% or within a designated street line of any road shall be counted. At least 50% of the minimum lot area requirement shall consist of land without the above-listed impediments. The application of this section to any particular lot shall be the responsibility of the Village Planning Board or the Building Inspector as the case may be at the time of subdivision or site development plan approval.
B.
Street frontage for lots fronting on a cul-de-sac or on a street with a radius of curvature at the center line of 100 feet or less, or in other appropriate circumstances, may be reduced by the Planning Board at the time of subdivision plat approval to no less than 1/2 of the required dimensions. No portion of the lot, along the access route from this frontage into the lot, shall be narrower than the approved frontage.
C.
In the LO District, no side setback, no side yard, no rear setback or no rear yard shall be required where such setback abuts a railroad, an overhead utility transmission line right-of-way or a limited-access highway. In such cases, the total width of both side setbacks shall be 75 feet in the LO District.
D.
In all nonresidential districts, the minimum requirements for side and rear yards shall be increased by 50% when abutting a residential district, but shall be at least 15 feet.
E.
The Planning Board, at the time of subdivision approval, may modify and reduce the required lot width for any lot, but the same may not be reduced to less than 1/2 of the required lot width.
§ 210-30 Average density.
A.
The Village Board may authorize the Planning Board, simultaneously with the approval of a subdivision plat in accordance with § 7-738 of the Village Law and the provisions of any density zoning resolution that may hereafter be adopted by the Village Board, to modify the applicable bulk and area provisions of this chapter. This procedure may be followed by the Planning Board upon written application by the owner or subdivider, or at the initiation of the Planning Board. The procedure may be used to modify the minimum lot area requirements; lot width; front, side and rear yards and setbacks; and street frontage. This procedure shall not be used to modify the requirements for building height.
B.
In the event the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes, then the Planning Board, as a condition of final plat approval, may establish such conditions as to the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. All such conditions shall be approved by the Village Board prior to preliminary plat approval by the Planning Board.
C.
Open space land created as part of the application of average density to a subdivision plat, and which is not required or permitted to be accepted for dedication to the Village of Airmont shall be in a form of common ownership, which form and content shall be subject to the approval of the Village Board and which shall meet at least one of the following conditions:
(1)
Each owner or owners of every subdivision lot shall be an owner in common with the other owners of the subdivisions of the land intended to be held as open space.
(2)
Each subdivided lot shall carry with it a covenant underwriting the payment of taxes on the open space land, which covenant shall bind the owner thereof and every successive owner thereof.
(3)
A homeowners' or cooperative association or corporation may be formed to hold ownership of the open space; provided that each and every subdivided lot owner shall remain liable for the taxes, operation and maintenance of the open space land.
(4)
Such other mechanism or form as shall be approved by the Village Board which shall satisfy the requirements of the payment of taxes and the operation and maintenance of the property so created.
§ 210-31 Existing undersized lots.
A.
Two or more contiguous nonconforming vacant parcels of land in common ownership on or after September 4, 2018 shall be deemed to be merged to form one or more lots conforming so far as possible to the lot standards of the district in which the parcels are located. The lots shall be merged so that no nonconforming lot or lots are formed, or to reduce the degree of nonconformity.
B.
One or more vacant parcels of land that adjoin a nonconforming lot in common ownership on or after September 4, 2018 and containing a building or structure shall be deemed to be merged with said improved lot to the extent necessary to bring the improved lot into conformity so far as possible. If the remaining portion of the vacant parcels constitutes a conforming lot, said remaining portion shall constitute a separate lot. Otherwise, the merged lots shall constitute one lot.
(1)
Merger shall occur whether such contiguous parcels were under common ownership at the date of adoption of these regulations (date) or come under common ownership any time thereafter.
(2)
No lot so merged, or portion thereof, may be transferred in any manner that will increase the degree of nonconformity unless approval has first been obtained from the Zoning Board of Appeals. No approval shall create any additional buildable lot(s).
(3)
Grandfathering of lots to be used for the construction of one-family detached dwellings. Any lot in existence prior to September 4, 2018, which did not adjoin another lot in common ownership and does not presently adjoin a lot in common ownership, and whose lot area, lot width, lot depth are less than the minimum lot requirements for the district in which it is located, may be considered as complying with the minimum lot area requirements, and no variance shall be required, provided that:
(a)
Such lot has a minimum lot area of 7,500 square feet and a minimum lot width of 50 feet.
(b)
A one-family detached dwelling constructed on a preexisting undersized lot in conformity with the provisions of this section shall conform with all yard, FAR, coverage and height requirements of the district with a minimum lot area requirement in which the lot would conform in descending order from the largest to smallest lot area. For example, a preexisting 20,000 square foot lot in the R-40 district shall conform to the R-15 zoning district bulk requirements.
(c)
The lot shall be used only for the construction of a one-family detached dwelling, and said use shall be a permitted use in the district in which said lot is located.
(d)
These grandfathering provisions do not apply to any other use.
C.
Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 50 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots but shall not be less than 15 feet.