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Chestnut Ridge City Zoning Code

ARTICLE VI

Supplementary Regulations

§ 290-21 Permitted height exceptions.

The Planning Board may modify the permitted height limitations of this chapter with respect to the following:
A. 
Rooftop bulkheads, elevator penthouses, water towers, fire towers, hose towers, cooling towers, air-conditioning or heating equipment, flagpoles, dish antennas, radio or television aerial, provided that such features shall not occupy, in the aggregate, more than 10% of the area of the roof of a building and are set back from the edge of the roof at least one foot for each one foot by which such features exceed the maximum height otherwise specified for the district in which they are located. All mechanical equipment located on the tops of buildings shall be visually screened.
B. 
Parapet walls or cornices which do not exceed the maximum height requirement for the district in which they are located by more than four feet.
C. 
Solar energy systems, provided that such systems shall be erected only to the height necessary to accomplish the purposes they are intended to serve.

§ 290-22 Courts.

A. 
An outer court shall be at least 20 feet wide, as wide as its depth or as wide as the height of the highest wall adjoining said court, whichever is the greatest.
B. 
An inner court shall be at least 50 feet in the least horizontal dimension. Two open and unobstructed passageways, each at least 14 feet high and 12 feet wide, to permit access by firefighting equipment, shall be provided at ground level to any inner court.

§ 290-23 Spacing.

A. 
The distance between two principal buildings on the same lot shall be no less than the height of the taller building.
B. 
The distance between a principal building and an accessory building shall be no less than the height of the accessory building but in no event less than 15 feet.

§ 290-24 Yards abutting limited access highways or utility transmission lines.

No side yard or rear yard shall be required where such yard abuts the right-of-way of a limited access highway or utility transmission line at least 50 feet in width. Notwithstanding the preceding sentence, adequate provision shall be made for emergency access to the side or rear of any building.

§ 290-25 Lots zoned LO and PILO.

[Added 6-20-1991 by L.L. No. 3-1991; amended 7-21-2022 by L.L. No. 7-2022]
A. 
Where a lot in an LO or PILO District abuts a residential zoning district, the Planning Board may, in its discretion, require additional protections of distance, landscape material, berms, changes in elevation, adjustment to roof elevations, modifications to the architectural design that would interrupt excessive lengths of buildings; add architectural details to break building mass; specify facade and surface materials, textures and colors; and/or require any other elements of protection the Board determines to be necessary to achieve the desired result; all with the intent of reducing the impact of the building or buildings on the adjoining residential district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
For purposes of this section, an "excessive length of building" is a building, including any additions, extensions or appurtenances thereto, of which any wall exceeds 300 feet in length. Where the intended building requires a dimension in excess of 300 feet, the building setback shall be increased by 25 feet for each additional 100 feet of building or fraction thereof. The Planning Board may waive, amend or decrease this additional setback requirement for good cause shown, if the Planning Board determines that the additional length of building will not adversely affect the adjoining residential district.

§ 290-26 Exemption of certain basement areas from calculation of gross floor area.

[Added 9-28-2017 by L.L. No. 2-2017; amended 11-18-2021 by L.L. No. 7-2021]
The following areas shall not be counted toward gross floor areas. Any floor area in a structure added pursuant to the provisions of this section must fully comply with the provisions of the New York State Uniform Fire Prevention and Building Code.
A. 
Up to 500 square feet of an unheated garage area accessory to a one-family detached residence, used for storage of automobiles and other goods and equipment customarily stored in a one-family residential garage.
B. 
All or a portion of a basement that:
(1) 
Is located entirely below a story above grade; and
(2) 
Does not exceed 40% of the total gross floor area; and
(3) 
Meets one or more of the following:
(a) 
Is located within a one-family detached residence; or
(b) 
Is used exclusively for storage accessory to a principal use within the same structure; or
(c) 
Is not used or occupied concurrently with an equivalent area of the structure located in a story above grade, which restriction shall be made a condition of site plan, special permit and/or conditional use approval and referenced in the certificate of use or occupancy. In calculating the parking requirement for nonconcurrently used spaces that have differing parking requirements under this code, only the area subject to the greater parking requirement shall be considered and the other nonconcurrently used space shall not be counted.

§ 290-26.1 Conversion of existing garages from automobile storage to habitable living space.

[Added 5-19-2022 by L.L. No. 6-2022; amended 4-9-2025 by L.L. No. 3-2025]
Alterations to an existing garage at a single-family or two-family residence, to convert the interior space from automobile storage to habitable living space, shall require a building permit. Such newly finished, habitable interior space shall count as gross floor area, as defined by this chapter. Such conversions shall replace the existing garage door with walls and/or windows that match the existing facade of the residence and maintain the existing plane of the wall. The Building Inspector may disapprove the building permit if the inspector finds that the proposed conversion may result in the harmful effects set forth in § 290-91C(1).