Buchanan City Zoning Code
ARTICLE VI
Supplementary District Regulations
§ 211-17 Permitted variations from required bulk regulations.
[Amended 9-5-1989 by L.L. No. 6-1989; 1-5-2021 by L.L. No. 1-2021]
A.
Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building 20 feet to the side lot line of the unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that it may not be reduced to below 10 feet in residential districts.
(1)
Front yard exception for preexisting nonconforming buildings. The front yard of a preexisting nonconforming building may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that the front yard may not be reduced to below 10 feet from the property line.
B.
Projections into yards. Projections into required yards shall be permitted as follows, except that no such projection shall be located closer than three feet to any side or rear lot line or 10 feet to any front lot line:
(1)
Bay windows, carports, fireplaces, fire escapes, chimneys, uncovered stairs and landings and balconies and cornices, canopies, eaves or other architectural features not required for structural support may project into the required side, front or rear yard not more than a total of three feet.
(2)
Porches may project into the required rear yard up to 10 feet.
(3)
Patios may be located in the required side and rear yards not closer than three feet to any adjacent property line and may project into front yards up to 10 feet.
(4)
Accessory off-street parking spaces, except that in residential districts no off-street parking spaces are permitted in any required front yard.
§ 211-17.1 Standard for lot count.
[Added 2-19-2008 by L.L. No. 6-2011]
A.
Standards for lot count. For all major subdivision applications, the maximum number of lots or dwelling units (N) which the Planning Board may approve for land to be subdivided shall be the whole number (all fractions excluded) which results from the following calculation:
Gross parcel area (GPA), minus areas of wetlands, water bodies and watercourses (WWW), including 50% of the buffer area (BA), as defined in Chapter 203, Wetlands, of the Village Code, minus areas of freshwater wetlands (FW), including 50% of the buffer area (BA), as defined in Article 24 of the New York State Environmental Conservation Law, minus areas within the one-hundred-year-flood boundaries (FB), as defined on the Flood Boundary and Floodway Map issued by the Federal Emergency Management Agency, minus steep slopes (SS), defined as land with a slope greater than 15%, minus 10% of net parcel area (NPA). |
Lot count formula is: | ||
|---|---|---|
N = (GPA - WWW - 50% BA - FW - 50% BA - FB - SS) - 10% NPA MLS | ||
MLS is the minimum lot size required in the zoning district in which the land is located. | ||
NOTE: | ||
* | The ten-percent NPA deduction is to be made only when streets are included within the subdivision. | |
B.
Procedures for steep slope delineations. The procedure to be utilized in quantifying the areas of steep slope for the purpose of determining the number of lots or units shall be as follows:
(1)
Scale of map shall be either one inch equals 50 feet or one inch equals 100 feet with a two-foot contour interval.
(2)
All areas of steep slopes shall be shown on the Lot Count Map. Areas of steep slopes used in lot count calculations and inclusions of 20% or less, too small to be excluded, shall be clearly differentiated from steeply sloping land which has not been included. Determination for inclusion in lot count calculations shall be made by applying the guidelines below.
(3)
Calculations pursuant to the formula contained in Subsection A shall be included on the Lot Count Map.
(4)
Sources of all topographic and other survey data shall be identified on the Lot Count Map.
(5)
The Lot Count Map, including all steep slope quantifications and calculations, shall be sealed by either a licensed professional engineer, licensed surveyor, licensed landscape architect or registered architect.
(6)
The original Mylar(s) or other dimensionally stable transparency and a minimum of two copies of the original Lot Count Map shall be submitted to the Planning Board.
(7)
Steep slopes shall be determined by measuring at right angles to contour lines. Whenever the distance between two adjacent contour lines is less than 10 feet, such area shall be shaded as steep slope on the worksheet maps. Limits of steeply sloping land shall be shown as a curvilinear line smoothly transitioning between points. Allowances shall be made for the continuation of steeply sloping land at the top and bottom of such slopes. See Figure 1 below.
 |
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(Figure 1) |
(8)
On the Lot Count Map and in the lot count calculations, an area of less than 25% slope located within an area which generally is a steep slope area shall be included as a part of such steep slope area, unless it is large enough to contain a fifty-foot-diameter circle as shown in Figure 2.
 |
|---|
(Figure 2) |
(9)
On the Lot Count Map and in the lot count calculations, the minimum area to be considered a steep slope area shall be large enough to contain a fifty-foot-diameter circle as shown in Figure 3. When applying this guideline, steep slope areas continuing offside or into wetlands shall be considered.
 |
|---|
(Figure 3) |
(10)
Topographic mapping.
(a)
All topographic mapping used for lot count calculations shall be in the National Geodetic Vertical Datum (NGVD) of 1929. At least three recently established or recently recovered bench marks shall be properly plotted on the same, together with their complete descriptions and elevations. These bench marks shall be readily accessible and located either on the subject parcel or in nearby public rights-of-way. They shall be geographically distributed so as to make their use generally convenient.
(b)
The boundary (property line) of the subject parcel shall be clearly marked on the topographic map(s) and complete metes and bounds information provided, together with a printout or list of coordinates to permit random mathematical scale checks. These scale checks will be used to prorate areas by the appropriate squared scale factor.
(c)
Photogrammetry used for this purpose shall be compiled to national map accuracy standards from current aerial photography. All areas of dense foliage shall be clearly identified, and contours in these areas shall be verified by direct field work; otherwise, these areas shall be considered steep slope areas.
(11)
As determined by the Planning Board, the recreation area requirement shall be satisfied by either:
(a)
A reduction of N in the calculations in this section by 10% and a designation of at least one acre of land for every 20 dwelling units for active recreation;
(b)
Payment of an in-lieu-of-recreation-area fee at a rate per dwelling unit as required in the Village of Buchanan Code; or
(c)
A combination of a reduction of N in the calculations in this section and the designation and development of active recreation facilities that would be commensurate with alternatives in the subsections above.
(12)
Calculations.
(a)
For purposes of the calculations in this section, if a parcel falls in more than one zoning district, zoning district lines shall be treated as hypothetical lot lines, and separate calculations shall be made for each portion of the parcel so divided by zoning district lines.
(b)
For purposes of the calculations in this section, areas falling under more than one category to be subtracted from the gross parcel area shall be subtracted only once.
§ 211-18 Unique lots and building locations.
[Amended 11-6-1989 by L.L. No. 11-1989]
A.
Vehicular access for through lots and corner lots. The Planning Board shall decide which street shall be considered as the street from which vehicular access is derived and shall designate the front yard.
B.
Front yard designation of through lots and corner lots. The Planning Board shall designate which yard abutting a street shall be considered the front yard for purpose of locating accessory structures and uses.
C.
Clear sight triangle for corner lots. Across each corner lot, a clear sight triangle shall be provided outside the street right-of-way, within the area formed by the nearest edges of the street pavement and a straight line between two points, each 75 feet back from the theoretical intersection of the nearest edges of the pavement. A clear line of sight shall be maintained in either direction across such triangular area between an observer's eye 3.5 feet above the pavement surface at its nearest edge and an object 4.25 feet above the nearest edge of pavement on the intersecting road. In the case of streets which intersect at other than right angles, the Planning Board may require that the dimensions of the clear sight triangle be modified to provide adequate sight distance.
D.
Lots without public water or sewer facilities. No building permit shall be issued for any use on a lot which is not served by both the public water and public sewer systems.
E.
One building or structure per lot. Every building or structure hereafter erected shall be located on a lot, and there shall not be more than one building or structure on a lot unless specifically permitted elsewhere in this chapter.
§ 211-19 Accessory structures and uses.
A.
Accessory structures. All accessory structures shall conform to the minimum yard regulations established in Article V, except as permitted below:
(1)
Unattached structures accessory to residential buildings. Structures accessory to residential buildings which are not attached to a principal structure shall not be higher than 15 feet or 1 1/2 stories and may be erected within the required rear yard of a principal structure, provided that they conform to the following:
(a)
Distance from side lot line: not less than three feet from the side lot line, except in the case of corner lots, where the side yard, as specified in § 211-18, shall be maintained.
(b)
Distance from rear lot line: not less than four feet from the rear lot line.
(c)
Distance from principal structure: not less than 10 feet from a principal structure.
(2)
Unattached structures accessory to nonresidential buildings. Such accessory structures shall comply with front and side yard requirements for the principal structure, shall have a minimum rear yard of at least 10 feet and shall not exceed two stories or 25 feet in height.
(3)
Fences and walls. Unless specifically noted, the provisions of this chapter shall not apply to fences, terraces or walls less than six feet in height above the average natural grade nor to terraces, steps, unroofed porches or other similar features not over three feet above the level of the natural grade.
B.
Home occupations. A single home occupation per lot is permitted as an accessory use to a residential building subject to special use permit approval of the Board of Appeals. The home occupation must conform to the following regulations:
[Amended 4-6-1981 by L.L. No. 2-1981; 11-20-1989 by L.L. No. 13-1989]
(1)
The home occupation shall be carried on wholly indoors within a dwelling unit.
(2)
Not more than 300 square feet and in no case more than 20% of the floor area of the dwelling unit may be used.
(3)
There shall be no exterior storage of materials or equipment.
(4)
The home occupation must be operated only by a person residing in the dwelling unit.
(5)
There shall be no use of show windows, displays or advertising visible outside the premises to attract customers or clients other than one home occupation announcement sign, not more than two square feet in size.
(6)
No external alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.
(7)
The Building Inspector shall be permitted free access to the dwelling during normal business hours.
(8)
The special use permit shall be valid for a period of one year and may be renewed annually upon a showing that all the conditions of the original permit are still satisfied.
(9)
The following uses are the only uses eligible as an accessory home occupation: writer, seamstress, typist, crafts, word processing, tutor and such other similar uses that the Board of Appeals deems compatible with a residential district.
(10)
Among those uses not to be interpreted to be a home occupation are the following: clinics, hospitals, laboratories, group-care facilities, group homes, shelters and veterinarians.
(11)
No offensive odor, noise, vibration, smoke, dust, heat, light, glare or similar condition shall be produced by a home occupation.
(12)
Parking requirements for home occupation uses must be complied with.
(13)
A home occupation shall not be permitted on a lot where the dwelling also contains an accessory apartment as an accessory use.
C.
Home gardening, nurseries and greenhouses. Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential areas, provided that they are used by the residents thereof for noncommercial purposes and provided, further, that they shall not include the outdoor storage of equipment and supplies.
D.
Residential swimming pools.
[Amended 6-18-1990 by L.L. No. 5-1990]
(1)
A residential swimming pool is permitted within a building, provided that the building complies with the area and dimensional requirements of this chapter and with the structural requirements of Chapter 67, Building Construction.
(2)
A residential swimming pool is permitted outside of a building, provided that:
(a)
The edge of the pool (measured at the waterline) and any deck, patio, walkway, filter and other equipment shall not be located closer than 10 feet to any side or rear property line nor located within any front yard.
(b)
The pool, with any deck, patio, walkway, filter and other equipment, shall not occupy more than 8% of the lot area.
(c)
Enclosures.
[1]
The pool shall be provided with an enclosure which shall comply with the following:
[a]
The enclosure shall be at least four feet in height and have a maximum vertical clearance to grade of two inches.
[b]
Where a picket-type fence is provided, horizontal openings between pickets shall not exceed 3 1/2 inches.
[c]
Where a chain link fence is provided, the openings between links shall not exceed 2 3/8 inches.
[d]
The enclosure shall be constructed so as not to provide footholds.
[e]
Pickets and chain link twists shall extend above the upper horizontal bar.
[f]
The enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at the top of the posts respectively. Enclosure, fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching, with the latch handle located within the enclosure and at least 40 inches above grade.
[2]
A wall of a dwelling is permitted to serve as part of the enclosure required in Subsection D(2)(c)[1] under the following conditions:
[3]
The pool shall not be required to be enclosed in accordance with Subsection D(2)(c)[1] and [2] if the pool decking or pool top is separated from adjoining grade by at least 46 inches, provided that the access ladder or steps can be blocked in an approved manner when the pool is not intended for use.
E.
Private garages and parking spaces.
[Amended 6-14-2018 by L.L. No. 2-2018; 8-11-2020 by L.L. No. 4-2020]
(1)
Any garage or parking space in a residential district, when used for boat or vehicle storage, shall be occupied only by boats or vehicles owned and operated by the residents of the dwellings on the same lot.
(2)
Under Subsection E(2)(a) and (b) below, there will be permitted a total of two, in any combination, of any of the following except where specifically prohibited.
(a)
One commercial vehicle, including taxis, not longer than 20 feet in length and eight feet in height nor more than 7,500 pounds unladen vehicle weight, excluding any commercial vehicle designed primarily for the transportation of petroleum products or other flammable substance, hazardous material or waste. This restriction does not pertain to personal use vehicles that are required by the Department of Motor Vehicles and/or by law to have commercial license plates as well as vans and pickup trucks used for personal use. Lettering required by law, including business name, address, phone and license numbers, are permitted on commercial vehicles. All other forms of advertisement and signage, including wrapping, are specifically excluded and are not permitted. No box trucks, dump trucks, or similar trucks are allowed.
(b)
No more than one trailer, including but not limited to trailers used for recreational vehicles and motor homes, may be parked or stored on any residential lot. A second trailer may be kept on property if a boat which is owned by the owner or renter of the property is permanently stored on that trailer.
(3)
All parked or stored recreational vehicles and trailers must have a permit and sticker issued by the Village indicating that said recreational vehicle and/or trailer is owned by the owner of the property or owned by a legal renter of the property where said recreational vehicle or trailer is stored or parked. In order to obtain said permit, the owner must provide proof of registration of said vehicle or trailer. Fees for said permit, if any, shall be set by resolution of the Board of Trustees and incorporated into the Village Fee Schedule.
(4)
Parking of any trailer, recreational vehicle, or commercial vehicle on front lawns or front yards, other than on paved driveways, is strictly prohibited.
(5)
Parking of any trailer, recreational vehicle, or commercial vehicle on streets and/or Village right-of-way is strictly prohibited for periods in excess of three hours, unless a variance is obtained from the Village Building Inspector.
(6)
Trailers, boats, and commercial vehicles stored on properties must comply with the same setback requirements which apply to accessory structures. If a property is nonconforming or is unable to comply with these setback requirements, then in that event the owner or renter may apply for a variance from the Village Building Inspector.
(7)
Development of parking and loading spaces. All off-street parking and loading areas shall conform to the following:
(a)
Off-street parking and loading lots may be developed on any required side or rear yard subject to § 211-17B. Off-street parking garages shall conform to the requirements for accessory or principal buildings of the district in which they are located.
(b)
They shall be surfaced with a durable bituminous or concrete paving material.
(c)
They shall be properly graded and drained to dispose of all surface water.
(d)
They shall be arranged and marked for the orderly and safe movement, loading, parking and storage of vehicles.
(e)
They shall be adequately illuminated if designed for use by more than three cars after dusk.
(f)
Exit and entrance driveways or access points for other than residences shall be at least 20 feet wide and shall not exceed 32 feet in width and, wherever practical, shall not occupy the full width of the streets, alleys or other rights-of-way from which they derive their access, but in all cases shall be limited to well-defined points and shall be so designed as to provide maximum safety for other adjoining or nearby uses.
(g)
There shall be no parking on any front yards, other than on paved driveways.
(8)
Storage of vehicles. No dead storage of vehicles shall be allowed in any front or side yards.
§ 211-20 Signs.
[Amended 6-17-1991 by L.L. No. 3-1991]
A.
Purpose. The purpose of this section is to promote and protect the public health, safety and welfare by regulating outdoor signs of all types, in furtherance of the purposes of this chapter as set forth in § 211-3. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and maintain and improve the community's appearance and attractiveness. This section is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
B.
Sign permit application.
(1)
No person shall erect, alter or relocate any sign allowed by permit in a commercial or industrial district as listed in Subsection D, Sign Table,[1] without first obtaining a permit from the Building Inspector unless approval is given through site development plan or special permit review. Subsequent to this initial application or site development plan or special permit approval, no permit shall be required for a sign to be repainted or repaired or to have its message changed, provided that its location, size, materials and method of construction, illumination and colors are the same as those for which the initial application was made or site development plan or special permit approval was given.
[1]
Editor's Note: The Sign Schedule is included at the end of this chapter.
(2)
Application for a permit shall be made, in writing, to the Building Inspector on forms provided by the Village and shall contain the following information. Depending on the exact nature of the sign, the Building Inspector may modify the following informational requirements to require additional information or to eliminate certain information. The application shall include:
(a)
The name, address and telephone number of the applicant and the owner of the property.
(b)
The street address and Tax Map parcel number of the building, structure or land upon which the sign now exists or is to be erected.
(c)
A full description of the placement and appearance of the proposes sign, including the following:
[1]
The elevation and plan drawings of the proposed sign.
[2]
The location on the premises; specifically, its position in relation to adjacent buildings, structures and property lines.
[3]
The method of illumination, if any, and the position of lighting or other extraneous devices and a copy of the electrical permit related to the electrical connections.
[4]
The graphic design, including symbols, letters, materials and colors.
[5]
The visual message, text, copy or content of the sign.
(d)
A description of the placement and appearance of all existing signs on the premises, including elevation and plan drawings of the signs, location on the premises, method of illumination, graphic design and content of the sign.
(e)
Written consent or a copy of the contract made with the owner of the property upon which the sign is to be erected if the applicant is not the owner.
(3)
Upon the filing of a completed application for a sign permit and the payment of a fee in accordance with the fee schedule of the Village of Buchanan, the Building Inspector shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If the proposed sign is in compliance with all the requirements of this chapter, the Building Inspector shall then, within 15 days, issue a permit for the erection of the proposed sign or for an existing sign. The issuance of a permit shall not exclude the applicant from conforming to the other laws and ordinances of the Village.
(4)
If the erection of the sign authorized under any such permit has not commenced within six months from the date of the issuance, the permit shall become null and void, but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months, upon payment of 1/2 of the original fee.
(5)
A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same property, provided that the subsequent owner of the property or holder of the business license makes no changes.
C.
General regulations.
(1)
No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.
(2)
In addition to the setback requirements of this section, signs shall be located in compliance with § 211-18C, Clear sight triangle for corner lots, except that a freestanding sign may be permitted in the clear sight triangle, provided that the bottom of the sign is at least seven feet above normal grade below the sign, that the sign is supported by no more than two stanchions adequately spaced to maintain a clear line of sight and that each stanchion is no wider than six inches.
(3)
No direct light or significant glare from an illuminated sign, other than one composed of exposed bulbs or neon, shall be cast beyond the property lines of the lot on which the sign is located.
(4)
Illumination shall be appropriate to the character of the sign and surroundings.
(5)
Signs shall be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics shall relate with and not cover architectural features and shall be in proportion to them.
(6)
Groups of related signs shall express uniformity and create a sense of harmonious appearance.
(7)
Signs shall be appropriate to the types of activities they represent.
(8)
Temporary signs may be displayed for 14 days prior to and during the event or occurrence but shall be removed two days after the close of the event or occurrence.
D.
Sign Table. The accompanying table entitled "Village of Buchanan Sign Schedule"[2] shall be deemed part of this section and is referred to herein as "Sign Table."
(1)
Allowed signs per lot. Those signs listed under the column "Allowed Signs Per Lot" in the Sign Table, none of which shall be animated, changeable copy or illuminated, except where otherwise noted, shall be allowed as regulated therein without the need for obtaining a permit as specified in Subsection B.
[2]
Editor's Note: The Sign Schedule is included at the end of this chapter.
E.
Prohibited signs. All signs not expressly allowed either with or without a permit under this section are prohibited. Such signs include but are not limited to:
(1)
Signs with commercial messages which do not concern a lawful activity or are misleading.
(2)
Signs within a public right-of-way and signs attached to utility poles, other than public signs erected by a governmental body to post legal notices, identify public property, convey public information and regulate pedestrian or vehicular traffic; bus stop signs erected by a public transit company; and informational signs of a public utility.
(3)
Signs placed upon or above the roof of any building.
(4)
Beacons, pennants and strings of lights which are not permanently mounted to a rigid background, other than holiday lights and decorations having no commercial message and being displayed between November 15 and January 15.
(5)
Inflatable signs and tethered balloons.
(6)
Animated signs.
(7)
General advertising (billboard or posterboard) signs which direct attention to a business, commodity, service, event or other activity which is sold, offered or conducted elsewhere than on the premises upon which such sign is located.
[Amended 7-8-1996 by L.L. No. 1-1996]
F.
Construction standards.
(1)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(2)
All changeable copy signs, the bottoms of which are located below 10 feet above normal grade below the sign, shall be enclosed or otherwise protected from vandalism.
(3)
All signs, including wall and projecting signs, shall be securely anchored.
(4)
All projecting, freestanding or wall signs shall employ acceptable safety material.
(5)
All signs shall be painted and/or fabricated in accordance with standards acceptable to the Building Inspector.
(6)
All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (U.L. 48) of Underwriters' Laboratories, Inc., and bear the seal of Underwriters' Laboratories, Inc. If such sign does not bear the Underwriters' Laboratories, Inc., label, the sign shall be inspected and certified by the New York Board of Fire Underwriters.
(7)
All transformers, wires and similar items for illuminated signs shall be concealed. All wiring to freestanding signs shall be underground.
(8)
All signs, sign finishes, supports and electric work shall be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring and loose supports, braces, guys and anchors.
G.
Nonconforming signs.
[Added 7-8-1996 by L.L. No. 1-1996]
(1)
Any sign which cannot be classified from the sign categories specifically permitted or exempted by this section shall be removed within one year of the effective date of this section.
(2)
All other signs which do not meet the provisions or standards of this section shall be either conformed or removed within three years of the effective date of this section (the "amortization period"). Upon the submission of an application within 30 days of the expiration of such amortization period and credible evidence by the owner of any such sign establishing that recoupment of the initial investment cannot be accomplished within the amortization period, the Village Board of Trustees may, after consideration of the submitted evidence and purposes of this section, grant an extension of the amortization period.
(3)
The transfer of ownership or use of any nonconforming or prohibited sign during the amortization period noted above will immediately terminate the amortization period and shall result in the immediate removal of the nonconforming or prohibited sign.
§ 211-21 Yard screening.
[Amended 7-5-2016 by L.L. No. 2-2016; 9-17-2021 by L.L. No. 8-2021]
A.
Required yard screening. Yard screening shall be provided within 15 feet of the boundary or property line of any manufacturing or commercial use of off-street parking lot which abuts a residential use and on any special use where such screening is required by the Board of Appeals. Such screening shall consist of a four-foot-high to six-foot-high visual screen or obstruction of suitable scrubs, fences, walls, or hedges.
C.
Fences.
(1)
A drawing of the proposed fence must be submitted to the Building Department showing the exact location the fence will be located on the property and a building permit must be obtained. Fences are to be limited to four feet in height across front yards and six feet in height on side and rear yards. Fences may be located anywhere on a property; however, the Village requires front yard fences to be set back six feet from the curb to allow for snow removal. The Village will not be responsible for damage to fences caused by snow plowing and snow removal.
(2)
In regard to fences, the height of the fence shall be measured from the finished grade to the top of the fence. In the case of a fence located on the top of a wall or berm, the height of the fence shall include the height of the wall or berm. Fences located more than 10 feet away from the wall will not be required to include the height of the wall when calculating fence height.
D.
One decorative entrance gate or archway, not exceeding eight feet in height and eight feet in width, may be installed to allow entry to and from a yard in any side or rear yard.
E.
At all street intersections in all districts, no obstructions to motorist vision exceeding three feet in height above street pavement level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street line 30 feet distant from their point of intersection. All corner lots are deemed to have two front yards and are therefore subject to the four-foot-height restriction.
F.
Walls. Walls may be located anywhere on a property. Walls less than three feet in height do not require a building permit. Walls over three feet in height require a building permit and a drawing of where the wall will be located on the property. Walls over four feet in height require a building permit and a drawing by a licensed engineer detailing the design of the wall and its location on the property.
G.
Any preexisting fence or wall installed before the adoption of this section, which is damaged or destroyed to an extent equal to not more than 50% of the total wall or fence, may be restored within one year of the date of the damage; provided, however, that it shall not be altered or enlarged unless said alteration or enlargement complies with the current requirements of this chapter.
H.
All fences featuring a rough or unfinished side including the structural components such as fence posts shall be constructed such that the rough or unfinished side of the fence faces the interior of the property on which the fence is situated.
§ 211-22 Accessory apartments in single-family detached residences.
[Amended 5-1-1989 by L.L. No. 4-1989; 9-5-1989 by L.L. No. 7-1989; 8-19-1991 by L.L. No. 4-1991]
A.
Legislative intent. A special permit may be granted by the Planning Board to permit accessory apartments. It is the specific purpose and intent of this provision to provide the opportunity for the development of small, rental dwelling units designed, in particular, to meet the special housing needs of single persons and couples of low and moderate income, both young and old, and of relatives of families presently living in the Village of Buchanan. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Village's existing stock of dwellings, to provide economic support for present resident families of limited income, to protect and preserve property values and to maintain the single-family character of the residential districts of the Village of Buchanan without the overutilization of the land.
B.
To help achieve these goals and promote the objectives of the Village Development Plan, the issuance of a special permit and the granting of site development plan approval by the Planning Board shall be subject to the following requirements, and the Planning Board shall make the following as findings in addition to the general standards and requirements applicable to site development plans set forth in Article VII and special permits as set forth in Article X of this chapter.
(1)
More restrictive provisions to prevail. In the R-7.5, R-10, R-15, R-20 and R-40 Residential Districts and in the C-1 and C-2 Commercial Districts, the property and structures shall comply with all applicable requirements for the zoning district in which the property is located, except that the regulations of this section shall apply when they are more restrictive.
(2)
Occupancy.
(a)
The owner of the single-family lot upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his primary residence.
(b)
No more than one accessory apartment shall be permitted on any lot.
(c)
An accessory apartment shall be subordinate in area to the principal dwelling and shall be limited to occupancy by a maximum of two persons.
(3)
Use.
(a)
An accessory apartment shall not be permitted on a lot where the dwelling also contains either boarding or a home occupation as an accessory use.
(b)
The principal use of the premises must be a single-family detached residence.
(c)
No accessory apartment is permitted in an accessory building or structure.
(4)
Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new construction undertaken for the accessory apartment shall be in compliance with Chapter 67, Building Construction, and the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. The Building Inspector shall inspect the premises and shall report on the condition of structures on the premises to the Planning Board. No permit shall be granted until all outstanding violations are corrected. All conditions of the special permit must be complied with and shall be subject to inspection by the Building Inspector.
(5)
(6)
Other conditions.
(a)
In making its determination on the special permit, the Planning Board shall also give consideration to the character of the existing and future uses in the immediate vicinity of the proposed accessory apartment, including the exterior appearance of buildings as single-family dwellings, the number of other accessory apartments existing in the neighborhood in relation to single-family dwellings and the amount of traffic and parking conditions in the neighborhood. The principal building must continue to appear to be a single-family residence.
(b)
Artificial illumination shall be installed at the entrance to any dwelling unit if such entrance is not directly from a public street.
C.
After the Planning Board has determined that the applicant has complied with the above requirements, the issuance of a special permit and the granting of site development plan approval, if necessary, by the Planning Board shall be further subject to the following requirements; however, the Planning Board shall have the power to modify the requirements, provided that said Board finds that such following modifications are consistent with the legislative intent of this section as set forth in Subsection A above and the purposes of this chapter as set forth in § 211-3:
(1)
Age of structure and length of occupancy. The building in which the accessory apartment is constructed shall be at least 10 years old, and the owner applicant shall have occupied the dwelling for at least three years prior to the initial application for the special permit for an accessory apartment.
(2)
Occupancy.
(a)
No more than one bedroom shall be permitted in any accessory apartment.
(b)
The minimum gross floor area for an accessory apartment within a principal building shall be 300 square feet but not larger than 600 square feet, and in no case shall it exceed 33% of gross floor area of the building in which it is located.
(3)
Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building.
D.
In addition to the above requirements, the special permit for an accessory apartment shall be subject to the following conditions and procedures:
(1)
Required submissions.
(a)
In addition to the information required in §§ 211-27 and 211-42A of this chapter, the owner-applicant shall present to the Planning Board a floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Planning Board to understand and decide upon the acceptability of the proposal.
(b)
The special permit shall be issued to the owners of the property. Should there be a change in ownership or a change in the residence of the owner, the special permit and the certificate of occupancy for the accessory apartment shall become null and void. Thereafter, should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within 90 days of the change of ownership he shall apply to the Planning Board for a special permit. Should the new owner decide not to live in the structure or desire not to continue the use of the accessory apartment, the tenant shall have 90 days to relocate, the owner shall remove the kitchen of the accessory apartment within 60 days after the tenant leaves, and the premises shall revert to a single-dwelling unit.
(2)
Term of permit.
(a)
The initial permit shall be valid for a period of one year, at which time the applicant must appear before the Planning Board and request a renewal of such permit. Subsequent thereto, the special permit shall be valid for a period not to exceed three years, the exact term to be determined by the Planning Board upon its issuance of a renewal special permit. At the end of such period, the owner-applicant shall request the Building Inspector to renew the permit or the owner shall notify the Building Inspector of his intent to discontinue the permit in accordance with the applicable time periods established in Subsection D(1). The Building Inspector shall renew the permit if all conditions of the original permit are still satisfied; otherwise, the Building Inspector shall not renew the permit, and the time periods established in Subsection D(1) for discontinuing the accessory apartment shall apply.
(b)
The owner-applicant shall be required to file on the subject property a declaration of covenants at the Westchester County Clerk's office prior to the issuance of a special permit for an accessory apartment. This declaration shall be in favor of the Village of Buchanan and state that:
[1]
The special permit for an accessory apartment or any renewal of said special permit shall terminate upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his principal residence.
[2]
The new owner of the premises shall have to apply to the Planning Board for a special permit to continue the accessory apartment.
[3]
The Building Inspector shall have the right to inspect the premises upon reasonable notice to the owner.[1]
[1]
Editor's Note: Original §§ 54-22 and 54-23 of the 1971 Code, entitled "Commercial and industrial planned development groups" and "Residential planned development groups," respectively, which immediately followed this subsection, were repealed 9-5-1989 by L.L. No. 6-1989.
§ 211-23 Performance standards; nuisances.
A.
All nonresidential uses shall be subject to performance standards as follows:
[Amended 8-20-1990 by L.L. No. 12-1990]
(1)
Prior to construction and operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of the subject property that said use will be operated in accordance with the performance standards set forth herein.
(2)
Continued compliance. Continued compliance with performance standards is required, and the enforcement of continued compliance with these performance standards shall be enforced by the Code Enforcement Officer.
B.
Regulation of nuisance elements.
(1)
Definition of elements. No land or building in any district, used or occupied for any purposes, shall be operated in such manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other substance, condition or element in such amount as to adversely affect the surrounding area or premises (referred to herein as "dangerous or objectionable elements"), provided that any use permitted by this chapter may be undertaken and maintained if it conforms to the regulations of this subsection limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.
(2)
Location where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made at:
C.
Standards to be enforced.
(1)
Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulations shall also apply.
(2)
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall be complied with.
(3)
Noise.
(a)
At the points of measurement specified, the maximum sound-pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level, measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association, Inc., New York, New York. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3—944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.30—1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.)
Table I | ||
|---|---|---|
Frequency Ranges Containing Standard Octave Bands (cycles per second) | Octave Band Sound-Pressure Level (decibels) (re 0.0002 dyne/cm) | |
20 to 75 | 65 | |
75 to 150 | 55 | |
150 to 300 | 50 | |
300 to 600 | 45 | |
600 to 1,200 | 40 | |
1,200 to 2,400 | 40 | |
Above 2,400 | 35 | |
(b)
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.
Table II | |||
|---|---|---|---|
Type of Location of Operation or Character of Noise | Correction (decibels) | ||
Daytime operation only | 5 | ||
Noise source operates less than: (NOTE: Apply 1 of these corrections only.) | |||
20% of any 1-hour period | 5 | ||
5% of any 1-hour period | 10 | ||
Noise of impulsive character (hammering, etc.) | -5 | ||
Noise of periodic character (hum, screech, etc.) | -5 | ||
Property is located in any M District and is not within 200 feet of any R District | 10 | ||
(4)
Vibration. No vibration shall be permitted which is detectable without instruments at the property lines.
(5)
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as combustion or welding, or otherwise, shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.
(6)
Smoke. No emission shall be permitted from any chimney, or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Powers Micro Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954 (being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines), except that visible gray smoke of a shade equal to No. 3 on said chart may be emitted for four minutes in any 30 minutes. All applicable federal, state or county regulations shall apply.
(7)
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the zone lot from which they are emitted without instruments.
(8)
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, to vegetation or to other forms of property or which can cause any excessive soiling. All applicable federal, state and county regulations shall apply.
§ 211-24 Mobile homes and mobile home parks.
[Amended 8-2-1990 by L.L. No. 13-1990]
A.
Mobile homes. Mobile homes shall be permitted only in mobile home parks and shall conform to the following requirements:
(1)
Code requirements. Mobile home units shall meet the requirements of American Standards Association Code Provision A-119.1, American Standards for Installation in Mobile Homes of Electrical Heating and Plumbing Systems or Mobile Home Manufacturers Association Mobile Home Standards for Plumbing, Heating and Electrical Systems or any state-administered code ensuring equal or better standards and shall have a visible official certification of compliance with such code or codes.
(2)
Mobile home stands. The mobile home shall be placed upon a stand consisting of appropriate material, properly placed, graded and compacted so as to be durable and adequate for the maximum load anticipated during all seasons.
(3)
Anchors. Anchors and tie-downs shall be placed at least at each corner of the structure, and each shall be able to sustain a minimum tensile strength of 2,800 pounds. Anchors shall be such as cast-in-place concrete "dead men," eyelets embedded in concrete, screw augers, arrowhead anchors or similar devices.
(4)
Skirting. Each mobile home shall be skirted around the bottom portion with approved metal, fire-retardant treated wood or other durable material, properly ventilated, within 60 days from the date of placement of the unit.
B.
Mobile home parks. The following regulations and minimum requirements shall apply:
(1)
Minimum size. Each mobile home park shall have a minimum area of five acres containing clearly defined and marked mobile home lots and stands, streets, service buildings and recreation areas.
(2)
Location and access. No mobile home park shall be located except with direct access to a state or county highway and with appropriate frontage thereon to permit proper design of access facilities.
(3)
Site conditions. The mobile home park site shall in all respects be suitable for residential use. It shall not be subject to hazards, insects, rodents, objectionable smoke, noxious odors, unusual noise, soil subsidence or the probability of flooding or erosion. The soil, groundwater level, drainage, rock formations and topography shall not create hazards to property or to the health and safety of occupants.
(4)
Landscaping and screening.
(b)
Screening, where required, will be a solid fence six feet high, maintained in good condition and free of all advertising.
(c)
Planted screenings in lieu of such fence shall consist of dense plantings of evergreens not less than six feet in height.
(d)
Screening may be required, where appropriate, for objectionable views such as laundry drying yards, refuse collection stations, accessory uses and adjacent properties.
(e)
Landscaping will be required in appropriate size, quantity and character to provide an attractive setting for the mobile homes and accessory facilities, to provide adequate privacy and a pleasant setting, to minimize glare and to afford shade.
(f)
Existing natural vegetation should be preserved to the maximum extent possible where such is suitable for preservation.
(5)
Size of lots, yards and setbacks. One mobile home may be permitted on a lot which shall meet the following minimum requirements:
(a)
Minimum lot area: 10,000 square feet.
[Amended 8-1-2017 by L.L. No. 3-2017]
(b)
Minimum lot width: 100 feet.
[Amended 8-1-2017 by L.L. No. 3-2017]
(c)
Minimum side yard: 10 feet.
(d)
Front yard depth from internal street: 20 feet.
(e)
Yard depth from public streets: 50 feet; and 30 feet from any other mobile home park boundary.
(6)
Recreation areas and open spaces. Not less than 10% of the total mobile home park area shall be devoted to recreational facilities, generally provided in a central location or, in larger courts, decentralized. Recreation areas shall include space for community buildings and community use facilities, such as guest parking, adult recreation and child play areas and swimming pools.
C.
Mobile home stands spacing. Mobile home stands shall be so located so as to be separated from each other and from other buildings and structures by at least 25 feet, provided that mobile homes placed end-to-end may have a clearance of 20 feet.
D.
Walkways. Walkways not less than 30 inches wide shall be provided from the mobile home space to the off-street parking space and from mobile home park streets to service buildings.
E.
Patio pads. All mobile home stands shall be provided with a patio pad constructed of concrete, to be a minimum of eight feet by 20 feet and four inches in depth. Patio pads shall be located so as to provide safe and easy access to and from the mobile home.
F.
Awnings. Awnings may be provided of any size, provided that they are not placed closer than 10 feet to an adjacent mobile home lot.
G.
Additional structure on mobile home stand. No nonintegral structural addition or other accessory building or structure in excess of 10 feet by 10 feet, or a total of 100 square feet, shall be permitted on any mobile home lot.
H.
Streets.
(1)
Streets shall be provided on the site where necessary to furnish principal trafficways for convenient access to the mobile home stands and other important facilities on the property. Streets shall be privately owned and maintained.
(2)
All streets shall be provided with a smooth, hard and dense surface in accordance with Village specifications, which streets shall be durable and well-drained under normal use and weather conditions. Street surfaces shall be maintained free of holes and other hazards.
(3)
Street surface drainage and overland surface drainage adjacent to streets shall be conveyed to stormwater drain systems or natural drainage systems as approved by the Village consulting engineer.
(4)
Access streets. The entrance streets connecting the mobile home park streets with a public street shall have a minimum pavement width of 32 feet and a minimum right-of-way width of 50 feet.
(5)
Internal streets. The width of all rights-of-way must be a minimum of 50 feet, 24 feet of which must be pavement.
(6)
Culs-de-sac shall be provided in lieu of closed-end streets and shall have a turnaround with an outside pavement diameter of at least 100 feet.
I.
Water supply. Public water supply connection shall be used exclusively unless local authorities deem otherwise, and water mains and hydrants shall be installed in accordance with Village specifications.
J.
Sewerage. Public sewer system connections shall be provided in all mobile home parks for the conveying, disposing and treatment of sewage from mobile homes, service buildings and other facilities.
K.
Garbage and refuse. Each mobile home space shall be provided with at least two twenty-gallon metal or plastic garbage cans with tight-fitting covers. The cans shall be kept in a sanitary condition at all times. It shall be the responsibility of the court owner to ensure that garbage and rubbish shall be collected and properly disposed of outside of the mobile home park. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.
L.
Fuel supply and storage.
(1)
Liquefied petroleum gas storage containers having a capacity exceeding 125 gallons shall be stored in accordance with National Fire Prevention Act standards.
(2)
Supports and standards for fuel storage tanks are to be of a noncombustible material.
(3)
All fuel oil tanks shall be placed at the rear of the mobile home and located not less than five feet from any exit.
M.
Electrical service.
(1)
Every mobile home park shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances in accordance with the National Electrical Code.
(2)
Each mobile home stand shall be supplied with not less than one-hundred-ampere service.
(3)
Adequate lights shall be provided to illuminate streets, driveways and walkways for the safe movement of vehicles and pedestrians at night. A minimum lighting level of 0.3 footcandle shall be provided.
(4)
All electrical distribution lines shall be placed underground.
N.
Telephone service. When telephone service is provided to mobile home spaces, the distribution service shall be placed underground.
O.
Fire protection and control.
(1)
Every mobile home park shall be equipped at all times with fire-extinguishing equipment, in good working order, of such type, size and number so located within the park as to satisfy applicable regulations of the fire district within which the mobile home park is located.
(2)
No open fires shall be permitted at any place within the mobile home park, with the exception of outdoor grills used for the preparation of food.
(3)
Water mains and hydrants shall be required and installed in accordance with Village specifications.
P.
Management and duties of licensees.
(1)
All park owners shall keep a register of the year, make, serial number and size of all mobile homes in the park. Said register is to be maintained in the office of the park. The names and addresses of the mobile home owners shall also be on file on the park premises.
(2)
The person or person operating a mobile home park shall provide adequate supervision to maintain the park and its facilities and equipment in good repair and in sanitary condition at all times.
Q.
Posting of license and temporary permit. The certificate of occupancy shall be conspicuously posted in the office of or on the premises of the mobile home park at all times.[1]
[1]
Editor's Note: Original § 54-25.1 of the 1971 Code, entitled "One-family dwelling on a lot of 5,000 square feet in a R-7.5 District," which immediately followed this section and was added 6-18-1984 by L.L. No. 2-1984 and amended 2-3-1986 by L.L. No. 1-1986, was repealed 10-6-1986 by L.L. No. 4-1986.
§ 211-24.1 C-1/C-2 Overlay District.
[Added 5-17-2021 by L.L. No. 3-2021]
A.
Purpose. The purpose of the C-1/C-2 Overlay District is to implement recommendations of the Village's Comprehensive Plan by encouraging business and residential development of a character desired by the Village, amending the tables of use and bulk regulations to obtain such character, beautifying the existing commercial corridor, and improving its pedestrian access.
B.
Underlying and overlay zoning. The parcels located in the C-1/C-2 Overlay District shall retain their respective underlying zoning and may be developed in accordance with said underlying zoning. In addition, the provisions of this section shall also apply to the parcels in the C-1/C-2 Overlay District.
C.
Bulk regulations. The following provisions apply to all permitted uses (whether based upon the underlying zoning or the overlay district), provided said uses comply with Subsection D.
(1)
The permitted lot coverage in the C-1/C-2 Overlay District may be increased at the sole discretion of the Planning Board to not more than 75%, provided that effective perimeter screening is proposed and the Board determines that said increase conforms to sound planning principles.
(2)
When a parcel is situated between two improved lots, each having a principal building within 20 feet of the side lot lines of said parcel, the front yard on the parcel may be reduced to a depth equal to that of the greater front yard of the two adjoining lots provided, however, that it may not be reduced to less than 20 feet.
D.
Design guidelines. Any use developed in accordance with this section, shall be consistent, to the extent deemed necessary by the Planning Board, with the Design Guidelines of the Village of Buchanan.
E.
Prevailing provisions. If the provisions of this section are found to be inconsistent with any other provisions of this chapter, the provisions of this section shall prevail.
F.
Notwithstanding anything to the contrary contained herein, in the C-1/C-2 Overlay District, the Board of Trustees shall be the approving agency for special permits and site development plans for uses listed in § 211-10, Schedule of Use Regulations, Column 3A, Uses by Special Permit of the Board of Trustees, in which case the same requirements and procedures set forth in this chapter for the Planning Board shall be applicable to the Board of Trustees. Any application to the Board of Trustees made pursuant to this section shall be referred to the Planning Board for its recommendation to the Board of Trustees prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of such referral, the Board of Trustees may act without such report. If the Planning Board recommends against the proposed special permit and/or site development plan, the Board of Trustees shall not act contrary to such recommendation, except by the adoption of a resolution fully setting forth the reasons for such contrary action.
[Added 9-5-2023 by L.L. No. 7-2023]