Croton On Hudson City Zoning Code
ARTICLE IV
District Use Regulations
§ 230-9 (Reserved) [1]
§ 230-9.1 One-Family Residence RA-60 District.
[Added 11-3-2014 by L.L. No. 2-2014; amended 8-12-2019 by L.L. No. 8-2019; 9-12-2023 by L.L. No. 17-2023; 2-12-2025 by L.L. No. 3-2025]
A.
In a One-Family Residence RA-60 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following, and all uses and buildings shall conform to the district bulk and parking regulations in Article VI and the following regulations, whichever are more restrictive:
(1)
The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of the products thereof, provided that no building is erected and signs conform with § 230-44P(1)(e).
(2)
One-family detached dwellings not to exceed one such dwelling on each lot and subject to the district bulk and parking regulations in Article VI.
(4)
Places of worship, including parish houses, schools, philanthropic and eleemosynary institutions, hospitals and sanitariums for general medical care, nursing and convalescent homes and homes for the aged, libraries, arboretums, all subject to a special permit by the Village Board of Trustees and the following requirements. A special permit shall be required for the expansion, extension, reconstruction, rebuilding or relocation of any use or building described in this Subsection A, notwithstanding that it represents an expansion, extension, reconstruction, rebuilding or relocation of a use or building legally in existence on January 1, 2001.
(a)
Any school permitted under this subsection shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.
(b)
Any school permitted under this subsection shall occupy a lot with an area of not less than three acres.
(c)
Any philanthropic or eleemosynary institution, hospital, sanitarium, nursing or convalescent home or home for the aged permitted under this subsection shall occupy a lot which shall have an area of not less than five acres and shall be housed only in a building which existed on July 28, 1931, with a total floor area of 3,000 square feet or more.
(d)
No building or part thereof shall be erected nearer than 100 feet to any street or property line.
(e)
The sum of all areas covered by all principal and accessory buildings shall not exceed 15% of the area of the lot.
(5)
Railroad and public utility rights-of-way and structures necessary to serve areas within the Village; subject, however, to a special permit by the Village Board of Trustees and to such conditions, including appropriate lot size, yard and other bulk regulations, as said Board may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. No high-voltage transmission line or tower permitted under this subsection shall exceed 100 feet in height or be located less than 75 feet from any residential property line.
(6)
Annual membership clubs, on a lot having an area of not less than five acres, subject to a special permit by the Village Board of Trustees, and provided that any such club is incorporated pursuant to the provisions of the Not-For-Profit Corporation Law or the Benevolent Orders Laws of the State of New York, catering exclusively to members and their guests; and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, provided that:
(7)
Subject to a special permit by the Village Board of Trustees, the operation, maintenance and preservation by a membership corporation or association not operated for profit of historic sites, buildings, restorations and landmarks, the maintenance and preservation of historic remains and objects and the exhibition and display of such sites, buildings, restorations, landmarks, remains and other objects to the public, whether indoors or outdoors and whether or not an admission fee is charged, including uses and buildings incidental to or necessary for such operations and also including, as incidental to the foregoing uses, the retail sale of gifts, souvenirs and other appropriate goods and the sale of refreshments, meals and lodging and motel or hotel accommodations. Such special permit shall be issued upon a finding by the Village Board of Trustees that the proposed use is an actual and bona fide historic restoration.
(8)
Funeral homes, subject to a special permit by the Village Board of Trustees, in any building in existence on July 28, 1931, with a total floor area in excess of 3,000 square feet situated on a lot of not less than one acre, provided that:
(a)
There shall be adequate off-street parking space, and in no event less than set forth in § 230-51A.
(b)
There shall be no signs other than those permitted in § 230-44P(1)(e).
(c)
Visiting hours shall be prohibited after 10:00 p.m.
(d)
The principal building shall be located 40 feet or more from any lot or street line.
(e)
There shall be no indoor or outdoor loudspeaker system, floodlights or other outdoor lighting except as approved by the Village Board of Trustees.
(9)
Tier 3 solar energy systems, subject to the issuance of a special permit by the Board of Trustees, provided that the requirements set forth in § 230-48.1 are met.
(10)
Accessory uses, limited to the following:
(a)
Customary home occupations (which term shall exclude day-care centers and bed-and-breakfast establishments), provided that:
[1]
There shall be no signs other than those permitted in § 230-44P(1)(e).
[2]
Such occupation is incidental to the residential use of the premises and is carried on by a resident thereon with no nonresident assistants; provided, however, that when the person conducting such home occupation has been legally declared blind or shall otherwise be physically handicapped to the point of being incapable of performing more than 20% of his usual regular work, he may, upon receiving a special permit from the Village Board of Trustees, engage the services of one assistant.
[3]
Such occupation is carried on in an area not exceeding 30% of the total floor area of the main building.
(b)
Professional office or studio of an architect, artist, dentist, engineer, lawyer, musician, teacher, physician, public accountant, chiropractor, city planner, insurance broker, optometrist, osteopath, real estate broker or ladies' hairdresser, but not including veterinarians, provided that:
[1]
Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant.
[2]
Such office or studio shall occupy not more than one floor of the main building.
[3]
Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.
(c)
Garden house, toolhouse, playhouse, boathouse, greenhouse or swimming pool incidental to the residential use of the premises and not operated for gain, provided that swimming pools with an area of 150 square feet or more and a depth in excess of three feet shall be subject to the following requirements:
(d)
Private garage, provided that only one space may be leased to a person not resident on the premises.
(e)
Keeping not more than one boarder or roomer, subject to the requirements set forth in § 230-48.5.
(f)
Keeping domestic animals, except pigs, for individual domestic purposes or as pets, provided that not more than three dogs over six months old and not more than 25 fowl shall be permitted, and no animals, except dogs or cats, or fowl shall be penned or housed within 50 feet of any lot line.[1]
(g)
Day-care centers on a lot having a minimum area of 25,000 square feet, subject to the issuance of a special permit by the Board of Trustees and to the following conditions and limitations:
[1]
There shall be no more than one day-care center per lot.
[2]
The limits of any outdoor play or recreation area shall not extend closer than 20 feet to any residential property line.
[3]
No recreational structure or equipment shall exceed 10 feet in height.
[4]
The habitable floor area of the residence building used for day care shall not exceed 33.3% of the total habitable floor area of the building in which it is contained.
[5]
The maximum number of children using the day-care center at any time shall not exceed 15.
[6]
The hours of operation shall be limited to no earlier than 7:00 a.m. and to no later than 7:00 p.m.
[7]
The operator of the day-care center shall be the owner and a full-time resident of the building, and there shall be no more than two nonresident employees.
[8]
The day-care center shall comply with all applicable conditions and limitations of the New York State Office of Children and Family Services relating to the operation and licensing of day-care centers and shall have all required licenses and certificates.
[9]
The single-family character of the residence structure shall not be altered to accommodate the proposed use or the requirements of any other agency, code or regulation, and the applicant for a special permit shall submit to the Board of Trustees floor plans and elevations establishing compliance with this Subsection A(10)(g).
[10]
Fourteen copies of an application for a special permit shall be submitted to the Board of Trustees, accompanied by a fee in an amount set from time to time by resolution of the Board of Trustees.[2] The special permit may be issued only after public hearing and upon determination that the proposed use is in compliance with the conditions set in this Subsection A(10)(g). The initial permit shall be valid for a period not to exceed two years, and a permit may be revoked at any time by the Board of Trustees upon noncompliance with the conditions set forth in this Subsection A(10)(g) or in the permit itself. The permit shall not be effective until the day-care center has been licensed by the New York State Office of Children and Family Services. A renewal permit may be issued without fee for a period not to exceed five years.
[2]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
[11]
Any new owner of the building in which a day-care center is operated must apply to the Board of Trustees for a special permit to continue a day-care center use.
(h)
Bed-and-breakfast establishments, subject to the issuance of a special permit by the Board of Trustees and to the following conditions and limitations:
[1]
An application for special permit shall be accompanied by a fee in an amount set from time to time by resolution of the Board of Trustees. The special permit may be issued only after public hearing and upon determination that the proposed use is in compliance with the conditions and limitations set forth in this Subsection A(10)(h). A permit shall be valid for a period not to exceed two years and may be revoked at any time by the Board of Trustees upon noncompliance with the conditions set forth in this Subsection A(10)(h) or the permit itself. A renewal permit may be issued without fee for a period not to exceed two years.
[2]
The applicant for a special permit shall submit to the Board of Trustees 14 copies of the application and such plans of the structure and layout of the residence as the Board of Trustees deem necessary to assure that the bed-and-breakfast usage complies with this Subsection A(10)(h).
[3]
The applicant shall obtain and submit to the Board of Trustees statements on the adequacy of the premises for purposes of safety, fire protection and structural soundness from the Village Fire Department and the Village Engineer. Such statements shall include recommendations, if any, for improvements or changes deemed advisable, which will be considered by the Board of Trustees in determining the merits of the application.
[4]
The applicant shall be the owner of the premises and a full-time resident of the premises.
[5]
Additions to the residence which increase the building perimeter and/or height or in any other way alter the external appearance of the residence shall not be permitted, and no special permit shall be granted for any residence for which a variance has been granted during the five-year period preceding the submission of the application for a special permit.
[6]
The bedrooms and bathroom of the dwelling used for paying-guest accommodations shall not exceed 33.3% of the existing habitable floor area of the dwelling, and no more than two rooms shall be used as bedrooms for paying guests.
[7]
No more than six guests per night shall be permitted in any bed-and-breakfast establishment, and the Board of Trustees may fix a lower maximum in the permit. No paying guest shall stay on any one visit for more than 15 days.
[8]
The residence in which a bed-and-breakfast establishment is operated shall have a minimum of three off-street parking spaces, and no permit shall be issued if a variance for off-street parking has been granted within five years of the date of the application for special permit.
[9]
The residence in which a bed-and-breakfast establishment is operated shall not contain an accessory apartment.
[10]
The only meals to be furnished shall be one daily morning meal per paying guest.
[11]
One sign designating a bed-and-breakfast establishment shall be permitted, subject to the following conditions:
[a]
There shall be no signs other than those permitted in § 230-44P(1)(d).
[12]
Any new owner of the residence in which a bed-and-breakfast establishment is operated must apply to the Board of Trustees for a special permit to continue a bed-and-breakfast use.
[13]
No two bed-and-breakfast establishments shall be permitted within 1,000 feet of each other.
[14]
The impact of a bed-and-breakfast establishment on the surrounding neighbors shall be considered as a condition of the issuance of a special permit.
(i)
Tier 1 and Tier 2 solar energy systems.
§ 230-9.2 One-Family Residence RA-40 District.
[Amended 11-3-2014 by L.L. No. 2-2014]
In a One-Family Residence RA-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
A.
Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot.
§ 230-10 One-Family Residence RA-25 District.
[Amended 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014]
In a One-Family Residence RA-25 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
A.
Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, except for Tier 3 solar energy systems, and with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
[Amended 8-12-2019 by L.L. No. 8-2019]
§ 230-11 One-Family Residence RA-9 District.
[Amended 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014]
In a One-Family Residence RA-9 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
A.
Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, except for Tier 2 and Tier 3 solar energy systems, and with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 35% of the area of the lot.
[Amended 8-12-2019 by L.L. No. 8-2019]
§ 230-12 One-Family Residence RA-5 District.
[Amended 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014]
In a One-Family Residence RA-5 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
A.
Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, except for Tier 2 and Tier 3 solar energy systems, and with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.
[Amended 8-12-2019 by L.L. No. 8-2019]
§ 230-13 Two-Family Residence RB District.
[Amended 1-31-2005 by L.L. No. 1-2005; 11-3-2014 by L.L. No. 2-2014; 8-12-2019 by L.L. No. 8-2019; 2-12-2025 by L.L. No. 3-2025]
In a Two-Family Residence RB District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
A.
Any use permitted in One-Family Residence RA-60 Districts and subject to all the regulations therefor, except for Tier 3 solar energy systems, and with the exception that the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.
B.
Two-family dwellings.
§ 230-14 Multiple Residence RC District.
[Amended 1-31-2005 by L.L. No. 1-2005]
A.
In a Multiple Residence RC District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
(1)
Any uses permitted in One-Family Residence RA-9 Districts and in Two-Family Residence RB Districts, and subject to all the regulations therefor, except that:
(a)
Not more than one professional office or studio, other than accessory to a use otherwise permitted, shall be permitted for each 20 dwelling units or major fraction thereof on the lot. Such office or studio shall be only on the street floor of any building or on the floor immediately above the street floor only if there is direct access to such office or studio from outside the building.
(2)
A dwelling for three or more families, provided that the entire lot occupied by such dwelling shall be maintained in single ownership throughout the life of the building.
§ 230-15 Limited Office O-1 and O-2 Districts.
[Amended 5-7-1990 by L.L. No. 2-1990; 1-31-2005 by L.L. No. 1-2005]
A.
Limited Office O-1 District. In a Limited Office O-1 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
(1)
Any use permitted in an RB District and subject to all the regulations therefor.
(2)
Business and professional offices and research, design and development laboratories located entirely within a building on the same lot therewith, including accessory uses thereto. At no time shall any premises be used in such manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, offense, annoyance or disturbance to any of the surrounding properties or to their owners and occupants. Manufacturing of any kind, sales of any kind and bulk storage of manufactured products are prohibited.[1]
(3)
Day-care centers on a lot having a minimum of 25,000 square feet, subject to the issuance of a special permit by the Board of Trustees and compliance with the following conditions and limitations or as determined by the Village Board during its special permit process:
[Added 1-2-2007 by L.L. No. 1-2007]
(a)
There shall be no more than one day-care facility per lot.
(b)
No outdoor play area or recreation area shall be closer than 20 feet to any property zoned residential.
(c)
No recreational structure or equipment shall exceed 10 feet in height.
(d)
The operation shall be limited to commencing no earlier than 7:00 a.m. and ending no later than 7:00 p.m.
(e)
To qualify for a special permit under this section, the applicant shall provide evidence of compliance with all governing regulatory agencies, including documentation indicating a current license authorizing day-care operations issued by the New York State Office of Children and Family Services.
(f)
A change in ownership of a day care licensed under this section shall require renewal of the special permit.
(g)
The Board of Trustees shall have the authority to waive any or all of the above conditions, if circumstances warrant, or to impose whatever additional conditions are deemed necessary to protect public health, safety, and welfare.
B.
Limited Office O-2 District. In a Limited Office O-2 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
(1)
Permitted uses.
(a)
Business and professional offices, showrooms and research, design and development laboratories, including incidental clinics, cafeterias and recreational facilities for the exclusive use of company employees.
(b)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products, provided that not more than 40% of the total floor area shall be so used. At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, offense, annoyance or disturbance to any of the surrounding properties and to their owners and occupants. Sales of any kind to the general public are prohibited.[2]
(c)
Tier 1 and Tier 2 solar energy systems as an accessory use.
[Added 8-12-2019 by L.L. No. 8-2019]
D.
Landscaping. The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped as approved by the Planning Board. All landscaping shall be properly maintained throughout the life of any use on any lot.
E.
Site illumination. Exterior floodlighting or other illumination shall be shielded from the view of all surrounding properties and streets.
§ 230-16 Central Commercial C-1 District.
[Amended 7-6-1982 by L.L. No. 6-1982; 1-21-1985 by L.L. No. 1-1985; 8-19-1985 by L.L. No. 5-1985; 7-7-1993 by L.L. No. 4-1993; 6-13-1995 by L.L. No. 7-1995; 6-18-2001 by L.L. No. 10-2001; 3-19-2018 by L.L. No. 4-2018; 8-12-2019 by L.L. No. 8-2019; 5-16-2022 by L.L. No. 5-2022; 9-12-2023 by L.L. No. 17-2023; 2-12-2025 by L.L. No. 3-2025]
A.
Permitted uses. In a Commercial C-1 District, no building or premises shall be used, and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
(1)
Retail stores and banks, except that no vape or tobacco shop shall be permitted within 500 feet of the property line of the Pierre Van Cortlandt Middle School and Croton-Harmon High School and may not be located within 500 feet of any other vape or tobacco shop.
(2)
Personal service establishments, such as, but not limited to, barbershops, beauty parlors and tailor shops.
(3)
Business, professional or government offices.
(4)
Service establishments furnishing services other than those of a personal nature.
(5)
Theaters and restaurants.
(6)
Outlets and pickup stations for laundries and cleaning establishments, excluding washing of wearing apparel on the premises. Cleaning of wearing apparel or household effects on the premises shall be permitted only if noncombustible solvent is used, except for the incidental removal of spots with combustible solvent.
(7)
Newspaper printing, including incidental job printing, provided that no more than 10 employees are engaged in such production or processing.
(8)
Schools and places of worship.
(9)
Signs, accessory to an establishment located on the same lot, provided that such signs shall be limited as set forth in § 230-44.
(10)
Tier 1 and Tier 2 solar energy systems as an accessory use.
B.
Special permit uses. Subject to the issuance of a special permit by the Village Board of Trustees, the following uses:
(1)
Light manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed are to be sold at retail on and off the premises, provided that:
(2)
Social clubs or other organizations not conducted for profit which cater to their members and their guests or which are organized to promote general civic matters.
(3)
Public utility structures.
(4)
Day-care centers, subject to the following conditions and limitations:
(a)
There shall be no more than one day-care center per lot.
(b)
The limits of any outdoor play area or recreation area shall not extend closer than 20 feet to any residential property line.
(c)
The day-care center shall comply with all applicable conditions and limitations of the New York State Office of Children and Family Services relating to the operation and licensing of day-care centers and shall have all required licenses and certificates.
C.
Prohibited Uses. Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited. For the purposes of this section, solid and liquid wastes are defined as follows: all putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition:
D.
All permitted uses and all storage accessory thereto, other than off-street parking and gasoline pumps and public utility structures, shall be carried on in buildings fully enclosed on all sides, provided that, upon issuance of a special permit by the Board of Trustees, sidewalk displays of merchandise or sidewalk dining shall be permitted outside a retail store, commercial establishment or restaurant.[1]
§ 230-16.1 Riverside Commercial C-1R(A) District.
[Added 3-2-2020 by L.L. No. 5-2020]
D.
All permitted uses and all storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides, provided that, upon issuance of a special permit by the Board of Trustees, sidewalk displays of merchandise or sidewalk dining shall be permitted outside a retail store, commercial establishment or restaurant.
E.
Approval of site development plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans shall be subject to approval of the Planning Board in accordance with the provisions of Article XI hereof.
F.
Design regulations.
(1)
Off-street parking placement/design. All off-street parking shall be located along the side and in the rear of buildings, unless the applicant demonstrates to the Planning Board that site or business constraints prevent conformance with this requirement. In accordance with § 230-52 of the Zoning Code, parking lots shall be landscaped.
(2)
Curb cuts and sidewalks.
(a)
Sidewalks. All sidewalks shall be properly maintained in accordance with Village regulations. All new property developments must provide sidewalks along any property lines that front on public streets, unless this requirement is waived by the Planning Board due to the special circumstances of a particular site.
(b)
Where a lot has frontage on a street or sidewalk, the planting of trees, shrubs and other landscaping shall be designed to provide an attractive, green buffer between the building and the sidewalk and the sidewalk and the street.
(c)
A buffer of street trees, ornamental shrubs or low stone walls shall be required to screen parking areas and auto service stations from adjacent sidewalks and streets. The effectiveness of the buffer, including its width, height and length, shall be determined during site plan review by the Planning Board.
(3)
Lighting.
(a)
All applicants shall be required to submit a lighting diagram at the time of site plan application showing the location of lights on buildings and in parking lots, and the actual areas of illumination.
(b)
Parking lot lighting. Freestanding lighting in parking lots shall not be higher than 20 feet.
(4)
Building orientation. In order to discourage parking lots in front of buildings, new buildings shall be oriented with the building front facing the street and situated close to the front property line to create a more continuous street wall.
(5)
Unified parking lot design. Notwithstanding any other provision of this chapter, in order to provide maximum efficiency, minimize curb cuts, and encourage safe and convenient traffic flow, the Planning Board shall have the authority in conducting site plan review to waive such open space, design guideline and parking lot buffer, screening and landscaping requirements as it deems advisable to encourage and foster the joint use of, and common access to, parking lots located on adjoining properties. The Planning Board may require, as a condition of site plan approval, the provision for interconnection of parking facilities via circulation drives within and between adjacent lots.
§ 230-16.2 Riverside Transition C-1R(B) District.
[Added 3-2-2020 by L.L. No. 5-2020]
A.
Permitted uses. In a Riverside Transition C-1R(B) District, no building or premises shall be used and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
D.
All permitted uses and all storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides, provided that, upon issuance of a special permit by the Board of Trustees, sidewalk displays of merchandise or sidewalk dining shall be permitted outside a retail store, commercial establishment or restaurant.
§ 230-17 General Commercial C-2 District.
[Amended 1-21-1985 by L.L. No. 1-985; 5-7-1990 by L.L. No. 2-1990; 6-13-1995 by L.L. No. 7-1995; 3-19-2001 by L.L. No. 3-2001; 6-18-2001 by L.L. No. 10-2001]
A.
Permitted uses. No building or premises shall be used and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
(1)
Any use permitted in a Commercial C-1 District, as set forth in § 230-16A, and subject to the regulations therefor, but for properties not within the Harmon/South Riverside area of the Gateway Overlay District, no retail stores shall be permitted except by special permit of the Village Board of Trustees. Such retail stores in all former C-1 Districts prior to the date of the adoption of this section shall be deemed to have special permits; however, any retail store with a current special permit requiring periodic renewal shall continue to require renewal in accordance with its terms.
[Amended 6-4-2012 by L.L. No. 1-2012[1]]
[1]
Editor's Note: This local law also repealed L.L. No. 4-2009, adopted 11-16-2009, which was stayed by court-ordered stipulation. Section 12 of L.L. No. 1-2012 states: "The provisions of Sections 2 through 9 of this local law shall not apply to any proposed project for which a complete application has been submitted prior to the effective date hereof. The provisions of the Zoning Law in effect on November 15, 2009, shall apply to such proposed projects."
B.
Special permit uses. Subject to issuance of a special permit by the Village Board of Trustees, the following uses:
(1)
Motor vehicle service stations, subject to the following regulations:
(a)
The minimum lot size for such service stations shall be 20,000 square feet, and the minimum street frontage shall be 150 feet.
(b)
Entrance and exit driveways shall have an unrestricted width of not less than 16 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle entering the property to back out across any public right-of-way or portion thereof.
(c)
Vehicle lifts or pits shall be located within a building fully enclosed on all sides.
(d)
All service or repair of motor vehicles, other than minor servicing or repairing, shall be conducted in a building fully enclosed on all sides. Minor services shall not include change or replacement of petroleum-based products.
(e)
The storage of gasoline or flammable oils in bulk shall be located fully underground in conformance with applicable government standards, and not nearer than 35 feet to any property line other than the street line.
(f)
No gasoline pumps shall be located nearer than 15 feet to any street line.
(g)
No building permit for a motor vehicle service station shall be issued within a distance of 200 feet of any school, church, hospital or place of public assembly designed for the simultaneous use and occupancy by more than 100 persons, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
(h)
No building permit for a motor vehicle service station shall be issued within a distance of 2,000 feet from any other motor vehicle service station in operation prior to the submission of such application, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
(i)
The following activities shall not be permitted in a motor vehicle service station: painting and body work.
(j)
Vehicles which are dismantled, disabled or wrecked and which are awaiting repair must be stored in buildings fully enclosed on all sides, except that the outdoor storage may be permitted upon application to and approval by the Village Engineer. Application shall consist of a plot plan, drawn to scale, which shall specifically designate any areas to be used for parking or storage of dismantled, disabled or wrecked vehicles or trash. Application for plot plan approval must be made within four months from the effective date of this chapter. The Village Engineer may approve such outside storage upon the installation of such additional screening or other protective measures as he may deem necessary to assure that the vehicles so stored are not visible from any location outside the subject premises. Vehicles regulated by this Subsection B(1)(j) and which are not awaiting repair may not be stored on the premises.
(l)
Subject to the issuance of a special permit by the Board of Trustees and site plan approval by the Planning Board, the sale of used cars or rental of vehicles shall be allowed if the service station is in compliance with the conditions set forth in Subsection B(1)(b) through (i) above and the additional conditions set forth below. The initial permit shall be for a period of two years, with subsequent renewals, subject to compliance with the approved site plan, for five-year periods.
[1]
The maximum number of vehicles or trailers on a site shall be one per 300 square feet of usable space, with adequate access aisles provided, except for vehicles which can be removed from the site without requiring that another vehicle be removed.
[2]
The site plan shall specifically designate any areas to be used for parking or storage of vehicles or trailers, disabled vehicles awaiting repairs and trash.
(2)
Social clubs or other organizations not conducted for profit which cater to their members and their guests or which are organized to promote general civic matters; bowling alleys, billiard halls, miniature golf courses and similar amusement establishments, provided that their size and scale are appropriate to the proposed site as determined, if necessary, by a parking and traffic study.
(3)
Storage or repair garages.
(4)
Animal hospitals.
(5)
Hotels or inns, provided that there shall not be more than 20 rental rooms or units per acre and the building or part of the building containing rooming units have no individual cooking units except coffee makers, be for transient occupancy not exceeding 14 days and have a manned entrance or entrances through a common lobby.
(6)
Public utility structures.
(7)
Automobile sales and service agencies for the sale of new automobiles, accessories and customary accessory uses are hereby authorized. Used car sales and automobile rentals are permitted only as an accessory use to new car sales, as described in the following § 230-17B(7)(a) through (m). Such automobile sales and service agencies must be franchised dealers or factory-owned dealers of new automobiles, and all operations must be conducted from the same site subject to the following rules, regulations and conditions:
[Amended 9-12-2023 by L.L. No. 17-2023]
(a)
The minimum lot size for such sales and service stations shall be 40,000 square feet, and the minimum street frontage shall be 150 feet, and the minimum lot depth shall be 200 feet. Where the district extends for more than 1,000 feet along a state highway, the lot must have a minimum of 200 feet of frontage. No automobile sales and service agency may be within 500 feet of another sales and service agency.
(b)
Entrance and exit driveways shall have an unrestricted width of not less than 30 feet and shall be located not nearer than 10 feet to any property line nor closer than 75 feet to any intersecting street line.
(c)
No building housing an automobile sales agency shall be closer than 30 feet to a residential district line at the rear or side yard. Sales and service shall be conducted in a building completely detached from any other.
(d)
One gasoline pump may be permitted incidental to the use of the premises, but commercial sales of gasoline to the general public are prohibited. No pumps can be located in a front yard. Side or rear yard locations may be approved at the discretion of the Planning Board.
(e)
All services or repair of motor vehicles, and storage of dismantled, disabled or wrecked motor vehicles, shall be conducted in a building fully enclosed on all sides. No outdoor storage of partially dismantled or wrecked motor vehicles is permitted.
(f)
No loading, unloading or transfer operations shall be permitted on any public street or at the curb between 7:00 a.m. and 9:00 a.m. and 5:00 p.m. and 7:00 p.m.
(g)
No building permit for an automobile sales and service agency shall be issued within a distance of 500 feet of an existing motor vehicle sales and service agency unless the following conditions can be met:
[1]
The proposed building shall contain a minimum of 15,000 square feet on one level.
[2]
The minimum street frontage shall be 200 feet.
[3]
The proposed building shall be set back no less than 30 feet from the property line.
[4]
No vehicle shall be parked at any time within 15 feet of any front, side or rear property line.
(h)
No unregistered automobiles may be parked on the street at any time.
(i)
No parking of vehicles in the buffer between the building and side and rear lot lines adjoining residential districts.
(j)
The parking of all automobiles offered for sale shall be prohibited within public rights-of-way.
(k)
The storage of gasoline or flammable oils in bulk shall be located in conformance with applicable government standards and, in any event, not nearer than 10 feet to any street line or 35 feet to any lot line other than the street line.
(l)
No gasoline pumps shall be located nearer than 25 feet to any street line.
(m)
The site plan for such automobile sales and service agencies must show the following features:
[1]
Parking of automobiles laid out on the site to provide for automobile circulation so that vehicles are not required to wait on the street or block the right-of-way before gaining entrance.
[2]
Delineated display areas.
[3]
Provision for employee parking must be noted; one parking space per 1.5 employees.
[5]
Access drives from abutting streets shall be so located as to avoid unsafe conditions and traffic congestions. Access to automobile dealerships is prohibited from a residential street.
[6]
Outdoor lighting shall be that generally necessary for security purposes. Lighting for illuminating an outdoor sales area shall be restricted to the front 1/3 of the lot depth. Said lighting shall be reduced to security lighting at the close of business. All outdoor area lighting shall be so directed that no illumination glare extends beyond the lot lines.
(8)
Mixed occupancy in accordance with the provisions of § 230-42.1 herein and subject to the issuance of a special permit by the Board of Trustees.
(9)
Day-care centers, subject to the following conditions and limitations:
[Added 5-20-2019 by L.L. No. 6-2019]
(a)
There shall be no more than one day-care center per lot.
(b)
The limits of any outdoor play area or recreation area shall not extend closer than 20 feet to any residential property line.
(c)
The day-care center shall comply with all applicable conditions and limitations of the New York State Office of Children and Family Services relating to the operation and licensing of day-care centers and shall have all required licenses and certificates.
[Amended 9-12-2023 by L.L. No. 17-2023]
C.
All permitted uses and all storage accessory thereto, other than off-street parking and gasoline pumps, miniature golf courses and similar amusement establishments and public utilities and structures, shall be carried on in buildings fully enclosed on all sides.
D.
Approval of site development plans. Prior to the issuance of a building permit or change of use or access permit, all site development plans shall be subject to approval by the Planning Board in accordance with the provisions of Article XI hereof.
E.
All dumpsters and refuse storage areas shall be fully screened from the street and adjacent properties.
F.
Prohibited uses. Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited. For the purposes of this section, solid and liquid wastes are defined as follows: all putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition:
§ 230-18 Light Industrial LI District.
[Amended 5-7-1990 by L.L. No. 2-1990; 8-3-1992 by L.L. No. 9-1992; 3-19-2001 by L.L. No. 3-2001; 4-16-2001 by L.L. No. 5-2001]
A.
Purpose. The Light Industrial LI District is designed to accommodate such light manufacturing and related uses as are consistent with the needs and welfare of the community. Uses in this district shall be grouped according to compatibility and performance in order not to create a nuisance to the community or the adjacent users.
[Amended 6-18-2001 by L.L. No. 8-2001]
B.
Permitted uses. No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any use, except the following:
[Amended 6-18-2001 by L.L. No. 8-2001]
C.
Special permit uses. Subject to the issuance of a special permit therefor by the Village Board of Trustees, and excluding those uses prohibited under Subsection E of this section, the following uses:
[Amended 6-18-2001 by L.L. No. 8-2001]
(1)
Light manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products.
(2)
Research and design and development laboratories, excluding laboratories that use or process biological, radioactive and hazardous materials, heavy metals or asbestos.
(3)
Storage and dispensing of motor fuel and lubricants, but only as part of motor vehicle parking lots and of structures for the parking of motor vehicles.
(4)
Hotels, inns and restaurants.
(5)
Occasional retail sales incidental to the conduct of any of the uses permitted under this subsection and subject to such frequency and other conditions as may be imposed by the Village Board of Trustees.
(6)
Utilities, including but not limited to structures for the provision of electricity, gas and water; radio and television transmission stations; telephone, telegraph and cablegram facilities.
(7)
Warehousing and wholesaling; freight distribution centers and terminals; except that any handling, storage or distribution of flammable, combustible, explosive or hazardous materials shall be prohibited.
(8)
Tier 3 solar energy systems, provided that the requirements set forth in § 230-48.1 are met.
[Added 8-12-2019 by L.L. No. 8-2019]
(9)
Transit-oriented development consisting of mixed-use or multifamily residential buildings, only on lots located fronting on Croton Point Avenue on the west side of Route 9 and within 1,500 feet of the Metro-North Croton-Harmon Train Station.
[Added 11-1-2022 by L.L. No. 14-2022]
D.
The above uses shall comply with the area and bulk standards listed in § 230-37, including the minimum lot size of three acres, except that the Village Board of Trustees may, by the issuance of a special permit, allow a lot area of less than three acres but not less than one acre, and except that for a transit-oriented development of mixed-use or multifamily residential the minimum lot area shall be 10,000 square feet.
[Amended 6-18-2001 by L.L. No. 8-2001; 11-1-2022 by L.L. No. 14-2022]
E.
Prohibited uses. Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited. For the purposes of this section, solid and liquid wastes are defined as follows: all putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition:
G.
General accessory uses. In connection with the uses permitted by Subsection B, there can be included in any building so authorized general accessory uses as follows:
(1)
Storage of goods or equipment accessory to permitted uses.
(2)
Keeping, breeding and raising of rodents and other small fur-bearing animals for laboratory purposes.
(3)
Utility facilities.
(4)
Maintenance and service facilities.
(5)
Clinics, cafeterias and lunchrooms and recreation facilities not open to public participation.
(6)
Structures for the disposal of sewage and other wastes.
(7)
Parking as regulated by this chapter.
(8)
All and any other similar accessory uses not inconsistent with the permitted uses.
(9)
Tier 1 and Tier 2 solar energy systems.
[Added 8-12-2019 by L.L. No. 8-2019]
I.
Required accessory off-street loading berths. Accessory off-street loading berths shall be constructed in such number, manner and location as may be required by the Planning Board.
J.
Additional use regulations.
(1)
All offices, laboratories, light-manufacturing uses, accessory storage and such other uses shall be within completely enclosed buildings.
(2)
All areas not used for building or for accessory off-street parking shall be suitably landscaped and maintained in good condition, subject to the requirements of the Planning Board.
(3)
Entrances and exits shall be located only on public streets improved to the satisfaction of the Planning Board and shall be so located as to draw a minimum of vehicular traffic to and through streets in residential zoning districts.
K.
Required minimum buffer areas.
(1)
Along any lot line adjacent to a residential zone, a permanent landscaped buffer of 50 feet shall be required.
(2)
Along any other lot line, a permanent, landscaped buffer of 10 feet shall be required.
(3)
Such buffer areas shall either be maintained in their natural state, if adequate ground cover is present, or landscaped in accordance with the requirements of the Planning Board. No parking shall be permitted within any required buffer area.
L.
Subject to the provisions of § 230-54, the minimum lot area requirement of § 230-37 shall not apply to any lot less than three acres in area whose boundary lines were established prior to the effective date of this chapter. Such plot shall not, however, be developed except in accordance with Note a of § 230-37.
M.
All site plans of sites on the Hudson River waterfront shall show a dry-land strip area of not less than 50 feet in width, calculated from the mean high-water line parallel to the waterfront, as park and recreation land.
§ 230-19 Waterfront Commercial WC District.
A.
Purpose. The Waterfront Commercial WC District is designed to enhance and develop to the maximum extent extrinsic and intrinsic values of the areas in the Village adjacent to rivers, streams, lakes and other bodies of water. Uses in this district should promote the public interest in the values of those areas for purposes of recreation, conservation and development of aquatic resources, giving proper recognition to the rights of owners to develop their properties commercially in a manner compatible with said values.[1]
B.
No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any use except the following:
(1)
Facilities for water-oriented activities and for athletic facilities, including but not limited to:
(2.1)
Tier 1 and Tier 2 solar energy systems as an accessory use.
[Added 8-12-2019 by L.L. No. 8-2019]
(3)
Subject to the issuance of a special permit by the Board of Trustees, the following uses:
[Amended 1-31-2005 by L.L. No. 1-2005]
(a)
Restaurants.
(b)
Hotels, motels and boatels.
(c)
Retail sales outlets for the supply to the ultimate consumer of goods and services immediately related to any uses listed in this section.
(d)
Marinas.
(e)
Small boat repair facilities.
(f)
Temporary fairgrounds.
(g)
Docks and piers for any of the uses listed in this section.
D.
The uses permitted under Subsection B shall not be deemed to include amusement parks, camping areas or trailer camps.
F.
Easement or right-of-way.
(1)
In all site plan approval, the Planning Board shall, except as provided below, require that a dry-land right-of-way or easement, not less than 15 feet in width, be deeded, either within the twenty-five-foot waterfront setback or elsewhere within the lot covered by the site plan, in the discretion of the Planning Board, to the Village for purposes of public access.
(2)
The requirement in Subsection F(1) above may be waived by the Planning Board in cases of waiver of the waterfront setback requirement pursuant to Note a of § 230-38, or in any other case where the Planning Board, in its discretion, deems the requirement unreasonably harmful to the property owner and not necessary to the welfare of the community.
§ 230-20 Park, Recreation and Education PRE District.
[Added 9-6-1988 by L.L. No. 6-1988]
A.
Purpose. The PRE District is intended to preserve natural resources, scenic beauty and other land and community resources whose retention is necessary for the continued maintenance of the quality of the environment. It is designed to provide for public parks; recreational activities including all types of athletic activities; schools and other educational facilities; nature preserves; bird and wildlife sanctuaries; and similar uses.
B.
Eligibility. Lands identified for Park, Recreation and Education PRE Districts shall be designated PRE-1, PRE-2 and PRE-3 and shall include the following:
(1)
Areas owned by the Village of Croton-on-Hudson.
(2)
Areas owned by any other public corporate body and dedicated to one or more of the purposes of the PRE District.
(3)
Privately owned areas held in trust for or limited by deed restrictions to or otherwise dedicated to one or more of the purposes of the PRE District.
C.
Permitted uses. On areas identified for PRE District, no building or other structure, facility or premises or any part thereof shall be constructed or used which is arranged, intended or designed to be used, in whole or in part, for any use except the following:
(1)
PRE-1: Passive open space.
(2)
PRE-2: Active open space.
(a)
Picnic grounds, beaches and similar facilities for recreation.
(b)
Parks and gardens.
(c)
Playing fields and all other facilities for athletic sporting activities, including grandstands and scoreboards.
(d)
Administration and control buildings; toilet, locker and shower facilities; band shells; gazebos and shelters; and outdoor stage platforms.
(e)
All uses permitted under PRE-1.
(3)
PRE-3: Educational buildings.
(a)
Public schools, public buildings and other public facilities for educational and instructional purposes.
(b)
Zoos, aquariums and other botanical gardens.
(c)
Theaters for the performing arts, band shells, museums, art galleries, libraries and other facilities for culturally oriented activities.
(d)
All uses permitted under PRE-1 and PRE-2.
D.
Accessory uses. Uses accessory and incidental to permitted uses shall include:
(1)
Off-street parking of passenger and commercial vehicles in the open. No part of the parking area shall be more than 45 feet from a natural area or a landscaped and treed area introduced into the parking area, as approved by the Planning Board.
(2)
Maintenance, security or utility structures serving specific needs.
(3)
Other accessory uses that are incidental to the principal use on the site.
(4)
Tier 1 and Tier 2 solar energy systems.
[Added 8-12-2019 by L.L. No. 8-2019]
E.
Preexisting buildings. Any building existing on any parcel in a PRE District as of the effective date of the establishment of said district may continue as such, subject to the provisions of this chapter.
F.
Special permit.
(1)
The following uses may be permitted subject to issuance of a permit by the Board of Trustees. Special permits require information necessary to demonstrate that the proposed activity is not adverse to the general health, safety and economic and general welfare of the residents of the Village.
(a)
Public utility installations which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject further to such conditions as the Board of Trustees may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened, preferably using natural screening, from the view of all adjoining and neighboring residential properties.