Chestnut Ridge City Zoning Code
ARTICLE II
Zoning Districts and Zoning Map
§ 290-4 Districts established.
[Amended 4-11-2013 by L.L. No. 2-2013; 7-21-2022 by L.L. No. 7-2022; 2-8-2023 by L.L. No. 2-2023]
The zoning districts listed below are hereby established, and the Village of Chestnut Ridge is divided into the districts listed.
Symbol | Title |
|---|---|
RR-50 | Rural-Residential District (50,000 square feet per lot) |
R-40 | Low-Density Residential District (40,000 square feet per lot) |
R-35 | Low-Density Residential District (35,000 square feet per lot) |
R-25 | Low-Density Residential District (25,000 square feet per lot) |
R-15 | Medium-Density Residential District (15,000 square feet per lot) |
RSH | Specialized Housing Residential District |
NS | Neighborhood Shopping District |
PO | Professional Office District |
LO | Laboratory-Office District |
PILO | Planned Industry Laboratory Office District |
RS | National and Regional Retail Use District |
PUD | Planned Unit Development Floating Zone District |
§ 290-5 Zoning Map.
[Amended 2-8-2023 by L.L. No. 2-2023]
The boundaries of said districts, except for the unmapped Planned Unit Development Floating Zone District, are hereby established as shown on the Zoning Map and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. A copy of said map, indicating the latest amendments, shall be kept up-to-date in the offices of the Village Clerk for the use and benefit of the public.
§ 290-6 Interpretation of district boundaries.
In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
A.
Where a district boundary is shown following a street, highway, road, right-of-way, the New York State Thruway, any parkway, a public utility right-of-way, or a stream or watercourse, the boundary is respectively the center line of such street, highway, road, right-of-way, Thruway, parkway, public utility right-of-way, main channel of a stream or watercourse.
B.
Where a district boundary is shown as following a Village boundary line, a property line, a lot line or a projection of any one of the same, such boundary shall be such landmarked or monumented line or projection thereof. If such boundary is shown as separated from but approximately parallel to any such landmarked or monumented line or projection thereof, such boundary shall be deemed to be parallel to any landmarked or monumented line or projection thereof, as the case may be, at such distance therefrom as shown on the Zoning Map. If such boundary is shown as separated from but approximately parallel to any such landmarked or monumented line, such district boundary shall be deemed to be parallel to the aforesaid center line at such distance therefrom as shown on the Zoning Map.
C.
In the absence of a specified distance being indicated on the Zoning Map, the distance shall be determined by using the map scale.
§ 290-7 General district regulations.
Following the effective date of this chapter:
A.
No building shall be erected, moved, structurally altered, reconstructed or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose in any manner except in compliance with this chapter and all other applicable laws, together with all rules, requirements and restrictions appurtenant thereto.
B.
No yard, setback or open space required in connection with any building or use shall be considered as providing a required yard, setback or open space for any other building or use on the same or any other lot.
C.
No lot shall be formed from part of a lot already occupied by a building or use unless such building or use, all yards, setbacks and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located.
D.
Any use not permitted by this chapter shall be deemed to be prohibited. The list of prohibited uses contained in § 290-11 of this chapter shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis and to illustrate, by example, some of the uses frequently proposed that are deemed undesirable and incompatible and are thus prohibited. Uses identified as special permit uses or conditional uses shall be deemed prohibited unless a valid special permit shall be issued by the Village Board therefor or appropriate conditional approval granted by the Planning Board.
E.
Preexisting uses identified as special permit uses or conditional uses in this chapter for which there exists, on the effective date of this chapter or amendment thereof, a valid certificate of occupancy shall be deemed nonconforming.
[Amended 3-17-1988 by L.L. No. 1-1988]
F.
No building permit or certificate of occupancy or certificate of use shall be granted for any use unless the Building Inspector shall find that the use shall conform to the standards set forth in this chapter.
G.
No land or buildings shall be used in any manner so as to create any hazard to the public health, safety, welfare, peace or comfort or to hinder the most appropriate use of land in the vicinity in that all such uses shall conform to the performance standard prescribed in § 290-57 for the control of noise; vibration; smoke, dust and other atmospheric pollutants; odor; radiation and electromagnetic interference; fire, explosive hazard and heat; liquid or solid wastes; and vehicular traffic emissions induced therefrom.
H.
If a lot shall be in two or more zoning districts, the more restrictive use and bulk requirements shall apply.
§ 290-7.1 Planned Unit Development (PUD) Floating Zone District.
A.
Purpose.
(1)
It is the intent of this Planned Unit Development (PUD) Floating Zone District to provide performance criteria in the context of flexible use and design regulations so that mixed-use neighborhoods may be developed, incorporating a variety of residential, business, and general community facilities, containing both individual building sites and common property which are planned and developed as a unit. The PUD Floating Zone District is authorized by Section 7-703-a of the New York Village Law and is hereby enacted pursuant to such authorization. The PUD District is a floating zone that may be affixed to parcels by the Village of Chestnut Ridge Board of Trustees, superseding the District shown on the Zoning Map,[1] as provided below.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(2)
The Village Board may approve a PUD Floating Zone District which will achieve the following objectives:
(a)
The creative use of land to establish a more desirable living and/or working environment than would be possible through the strict application of other sections of the Zoning Code.
(b)
Innovation, flexibility and variety in the type, design and layout of mixed-use development living environments.
(c)
Increase the diversity of housing options in the Village by permitting multifamily and rental housing options for those persons who wish to live in other than single-family detached homes.
(d)
Provide for an increase in opportunities for commercial development within the Village.
(e)
Maximize the provision of community, recreational, tax ratable and other service facilities as integral parts of newly constructed residential communities.
(f)
Create a development pattern in harmony with the planning objectives of the Village, and consistent with the character of the proposed PUD development site's surroundings and neighborhood, without overburdening the local road system, school district, or other Village infrastructure.
B.
Use and bulk standards, special permit and mapping.
(1)
Where planned development techniques are deemed appropriate, the designation of Planned Unit Development Site as a Planned Unit Development (PUD) District by the Village Board supersedes the use and dimensional specifications contained elsewhere in the Village's Zoning Code, and instead the approved plan for the Planned Unit Development site becomes the basis for permanent land use and dimensional controls for the designated parcel(s). Upon approval, the PUD District shall be placed on the Zoning Map. Each mapped PUD District may be given a distinctive name; provided, however, that such distinctive name shall incorporate the term "PUD District."
C.
Application procedure and approval process.
(1)
Application for a PUD Floating Zone District to be applied to parcel(s) shall be made by a petition to the Village Board. The applicant shall prepare a proposed local law amending the Village Zoning Code as part of the petition. The application package shall include a PUD Site Development Concept Plan, herein referred to as "PUD Concept Plan" conforming with the requirements of Subsection C(2) below, as well as supporting evidence conforming with the requirements of Subsection C(3) below.
(2)
In order to allow the Village Board and the applicant to reach an understanding on the basic use mix, density and layout, the applicant shall submit a PUD Concept Plan, drawn to scale by a licensed professional, with the following information:
(a)
The PUD Concept Plan shall be prepared by an architect, engineer, or land surveyor licensed in the State of New York.
(b)
The PUD Concept Plan shall be drawn to an engineering scale shall contain a title block; the name and address of the property owner; the name and address of the applicant, if different; the date of original drawing; the date of last revision, if any; a north arrow; and a graphic scale.
(c)
The PUD Concept Plan shall contain the stamp or seal and be signed by the professional preparing the map.
(d)
The interior road system of all existing and proposed rights-of-way and easements shall be provided and indicated as to whether public or private ownership is proposed.
(e)
The general uses of each building and/or functional exterior area shall be indicated. Use areas shall be designated with conceptual footprints indicating the number of dwelling units and bedrooms by each housing type and indicating the floor area of nonresidential, general community facilities and accessory structures.
(f)
Proposed common open spaces shall be outlined on the PUD Concept Plan and a narrative provided in the project description, indicating how open spaces are to be preserved in perpetuity, owned and maintained.
(g)
Proposed bulk requirements applicable to designated use areas of the site, including building heights, setbacks and yards from proposed site roadways or external existing Village roadways, coverage restrictions, FAR calculations, separation between buildings, and any other bulk constraints necessary to ensure site plans for component use areas are consistent with the PUD Concept Plan.
(h)
The relationship between the proposed road system, parking lots, buildings, utilities and open spaces shall be provided.
(i)
The proposed water, storm and sanitary sewer systems shall be shown and how they are proposed to be connected to the system of adjoining areas shall be indicated.
(j)
Environmental characteristics of the project site shall be shown, including topography, areas of slope in excess of 25%, per the Village Code, wooded areas, soils, flood zones, rock outcrops, streams, swamps, lakes, ponds and other wetlands and all proposed alterations of said environmental characteristics.
(k)
If the development is to be phased, the PUD Concept Plan shall provide a clear indication of the phasing process at the time of site plan application.
(l)
A vicinity map showing all tax lots within 1,000 feet of the boundaries of the PUD Development Site, the road network serving the area, and the existing zoning districts surrounding the area depicted. A preliminary grading plan with two-foot contours.
(3)
To assist the Village Board in its evaluation of the merits of the PUD and compliance of the PUD Petition with Article XII, § 290-82.1, the following supporting materials shall be provided, these elements may be included as part of the SEQR documentation:
(a)
A narrative description of the proposed project, including a showing that the proposal is consistent with the official planning objectives of the Village.
(b)
Estimates of the projected population, including the school-age population.
(c)
A traffic impact study (TIS) by a licensed professional. Estimates of peak-hour traffic generation derived from the proposed development and identification of the proposed access locations shall be included, as well as the capacity of existing streets and intersections in the vicinity to handle projected increases in traffic from the development. Identification of proposed traffic improvements to mitigate any moderate or large traffic impacts shall be included.
(d)
A preliminary analysis of the fiscal impacts of designation of a PUD zone on the development parcel shall be provided with the zoning petition.
(e)
A completed New York State SEQR Full Environmental Assessment Form, (FEAF) Part 1.
(f)
Conceptual elevations of proposed buildings in each use area and identification of general architectural or site design features necessary to ensure the community character and/or aesthetic character of the component use areas identified in the PUD Concept Plan.
(g)
Any other information as the Village Board deems appropriate. Nothing herein shall be construed to prevent the Village Board from seeking additional information as it deems relevant.
(4)
Every petition for a PUD Floating Zone District shall be accompanied by an application fee consistent with the published fee schedule of the Village of Chestnut Ridge. Adoption of a PUD Floating Zone District is subject to the same discretion as any Zoning Map amendment. Compliance with indicated purposes and objectives in Subsection A in no way compels the Village Board to designate the site for the PUD Floating Zone District. Consideration or adoption of a PUD Floating Zone is an act of legislative discretion in the same manner as the consideration or adoption of any other amendment to this Zoning Code. The Village Board, in its discretion, may decline to consider or may reject any PUD Floating Zone petition which, in the Village Board's sole judgment, does not advance the best interests of the Village. In considering the adoption of a PUD Floating Zone, the Village Board may impose reasonable conditions on an approved PUD as necessary, to assure conformance of the PUD with the intent and objectives of the Subsection A above.
(5)
Upon finding the application to be complete and in the best interests of the Village, and prior to approving the PUD Floating Zone District, the Village Board shall refer the application to the Planning Board for its review and recommendations. Such referral shall include the proposed petition; PUD Concept Plan; and a Negative Declaration of Environmental Significance or a Draft Environmental Impact Statement that has been accepted for public comment pursuant to 6 NYCRR 617. The Planning Board shall review the petition and PUD Concept Plan against the criteria in Subsection A, the purposes and objectives of the PUD Floating Zone District in deciding whether to provide their recommendation to support the mapping of the floating zone. The Planning Board shall also review the layout of the PUD Concept Plan as well as the scale and intensity of proposed development. The Planning Board shall recommend whether the PUD Floating Zone District should be approved, approved with modifications or denied and is encouraged to provide recommendations for how the PUD could be improved in order to incorporate best practices of sustainable land development. The Planning Board shall provide its recommendations within 60 days of the request.
(6)
At the same time that it refers the PUD Floating Zone District application to the Planning Board for its review and recommendations, the Village Board shall refer the petition for review and comment to local, state, county, regional and federal agencies having jurisdiction, for their review, including referrals pursuant to the General Municipal Law.
(7)
Upon receipt of all comments and recommendations, and prior to approving any PUD Floating Zone District application, the Village Board shall set a date and conduct a public hearing for the purpose of considering an amendment to the Village Zoning Map to apply the PUD Floating Zone district designation to the subject property. This hearing shall also serve as the SEQR hearing, when any DEIS is required.
(8)
Upon approval of the PUD Petition and PUD Site Development Concept Plan by the Village Board, and subsequent mapping of the approved PUD zoning on the Village's Zoning Map, the application shall be submitted for site plan review and approval by the Village Planning Board consistent with the approved PUD Floating Zone District, and with the Village Site Development Plan Rules and Regulations for those details and elements not specifically addressed in the PUD concept plan. If an application for site plan approval for the PUD Development Site is not presented to the Planning Board within 12 months of the date of approval of the PUD Floating Zone District designation by the Village Board, or if no development is initiated on the site within 18 months of the date of approval of the PUD site plan by the Planning Board, the zoning of said parcel or parcels shall revert back to the zoning district or districts prior to the PUD approval, unless an extension is requested by the applicant and granted by the Board having jurisdiction. More than one extension may be granted by the applicable Board. Any such extension shall only be granted for good cause shown.