Dobbs Ferry City Zoning Code
ARTICLE IX
Zoning Districts and Map
§ 300-30 Establishment of districts.
The following zoning districts are established:
District Category | District Name | Abbreviation |
|---|---|---|
Residential | One-Family Residential 1 | OF-1 |
One-Family Residential 2 | OF-2 | |
One-Family Residential 3 | OF-3 | |
One-Family Residential 4 | OF-4 | |
One-Family Residential 5 | OF-5 | |
One-Family Residential 6 | OF-6 | |
Mixed Density Residential 1 | MDR-1 | |
Mixed Density Residential 2 | MDR-2 | |
Mixed Density Residential – Historic | MDR-H | |
Broadway | B | |
Multifamily 1 | MF-1 | |
Multifamily 2 | MF-2 | |
Multifamily 3 | MF-3 | |
Multifamily 4 | MF-4 | |
Downtown | Downtown Business | DB |
Downtown Transition | DT | |
Downtown Gateway | DG | |
Special | Waterfront District A | WF-A |
Waterfront District B | WF-B | |
Chauncey Park | CP | |
Educational/Institutional | EI | |
Open space | Dedicated | OS-1 |
Reserved | OS-2 OS-3 |
§ 300-31 Zoning Map.
A.
Official Map adopted. The location and boundaries of the zoning districts established by this chapter are shown on the map entitled "Zoning Map of the Village of Dobbs Ferry, Town of Greenburgh, Westchester County, N.Y.," dated September 28, 2010, as amended from time to time. That map is adopted and incorporated into this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Interpretation of zoning district boundaries. Where uncertainty exists with respect to the boundaries of any zoning districts as shown on the Zoning Map, the Land Use Officer shall determine the location of such boundary, subject to appeal to the Zoning Board of Appeals.
C.
Lots in two or more districts. Where a single lot is divided by one or more district boundary lines, the regulations for the more restrictive zoning district may extend to the less restrictive zoning district at the discretion of the Planning Board.
§ 300-32 Tables of permitted uses.
Tables in Appendix A list the principal and accessory uses allowed within all base zoning districts.[1] Each of the listed uses is defined in Article VIII, Definitions.
A.
Explanation of table abbreviations.
(1)
Permitted uses. "PP" in a cell indicates that the use is allowed by right, without special conditions other than those imposed upon other uses by right in the district. Permitted uses are subject to all other applicable regulations of this chapter, including the use specific standards set forth in this article.
(2)
Special permit uses. "SP" in a cell indicates that, in the respective zoning district, the use is allowed only if reviewed and approved as a special permit use in accordance with the procedures of § 300-53. Special permit uses are subject to all other applicable regulations of this chapter, including the use-specific standards set forth in this article.
(3)
Accessory uses. "PA" in a cell indicates that the use is allowed as an accessory use to a permitted use on the same lot in the zoning district. Accessory uses are subject to all other applicable regulations of this chapter, including the use specific standards set forth in the article. They may be permitted by right or require special permit review.
(4)
Prohibited uses. "N" or a dash in a cell indicates that the use is prohibited in the respective zoning district.
(5)
Use-specific standards. Regardless of whether a use is allowed by right or permitted as a special permit use, there may be additional standards that are applicable to the use. Use-specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to Article XIII, Use Standards. These standards apply in all districts unless otherwise specified.
B.
Table organization. The tables in Appendix A[2] classify land uses and activities into general "use categories" (e.g., residential, commercial) and more specific "use groups" (e.g., household living, office uses) and "use types" (e.g., one-family, townhouse) based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. However, these classifications are intended merely as an indexing tool and are not regulatory. They are not intended to list every use or activity that may be appropriate within each category. Specific uses may be listed in one category but also be appropriate for one or more other categories even when not so listed.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Classification of new and unlisted uses. The intent of this section is to provide a procedure by which uses that are not specifically identified are categorized and treated the same as similar uses. It is anticipated that new land use types may develop and that forms of land use not considered during the preparation of this chapter may seek to locate in the Village. In order to provide for such situations and to integrate such land uses into this chapter, a provision for the determination as to the most appropriate classification for any new or unlisted type of land use is included in this chapter. When an application is made for a use category or use type that is not specifically listed in a table in Appendix A,[3] the procedure set forth below shall be followed.
(1)
The Building Inspector/Land Use Officer, in consultation with the Village Administrator and the Village Attorney, may provide an interpretation as to the use category into which the new or unlisted type of land use should be placed, if any, taking into consideration, among other things, its potential impacts, including but not limited to the nature of the use and whether it involves dwelling activity; sales; processing; type of product; storage and amount and nature thereof, enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer.
(2)
Standards for new and unlisted uses should be interpreted as those of a similar use.
[3]
Editor's Note: Appendix A is included at the end of this chapter.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
§ 300-33 Frontage.
A.
Street frontage. No building shall be erected within the Village on any parcel of land having less than 25 feet of frontage on a street suitably improved to the satisfaction of the Planning Board and/or the Board of Trustees.
B.
Flag lots.
(1)
The portion of a flag lot that abuts a street (known as the "access strip") must be a minimum of 25 feet in width at any point.
(2)
The Planning Board and/or Board of Trustees may require, as a condition of approval of the site plan, that the access strip:
(a)
Be sufficient for ingress and egress of all traffic;
(b)
Accommodate a graded driveway, drained and paved or otherwise improved;
(c)
Be suitably landscaped to screen the access strip from adjacent properties; and
(d)
Comply with any other measures that the Planning Board and/or the Board of Trustees deems appropriate.
(3)
The street frontage requirement of § 300-33 may be provided by an access strip on a separate lot when all the following conditions are met:
(a)
The access strip provides access to not more than one additional lot;
(b)
The additional lot is contiguous to the access strip;
(c)
Both lots either existed as separate tax parcels or subdivided lots on September 15, 1987, or were thereafter created by resubdivision of the lots so existing on September 15, 1987; and
§ 300-34 Measurements and exceptions.
A.
Lot area.
(1)
General requirements.
(a)
Every lot located in a residential district and created by final subdivision plat approval by the Planning Board after September 15, 1987, shall be capable of containing a rectangle or square wholly within its boundaries. Such rectangle or square shall contain 80% of the minimum required lot area as set forth in Appendix B, Dimensional Tables.[1] The least dimension of such rectangle or square shall be not less than 80% of the minimum required lot width as set forth in such schedules.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(b)
For subdivisions of over five lots, the Planning Board shall have the option to modify the provisions of Subsection A(1)(a) above where the applicant has demonstrated to the satisfaction of the Board that such modification is appropriate.
(c)
No lot shall be so reduced in area such that any required open space will be smaller than is prescribed.
(2)
Reductions for steep slope areas. In order to protect environmentally sensitive lands, preserve the Village's natural resources and promote the orderly development of land through standards that acknowledge the varied topography in Dobbs Ferry, net lot area shall be determined as the gross lot area less:
(a)
Fifty percent of the gross area of a lot with slopes measuring 25% or greater.
(b)
Twenty-five percent of the gross area of a lot with slopes measuring more than 15% but less than 25%.
(c)
Sloped areas with a horizontal dimension of less than five feet and/or an area of less than 150 square feet may be considered an anomaly by the Planning Board and not deducted from the site area as otherwise required above.
(3)
Measurement of slopes. Slope shall be determined based on a survey indicating contour lines at two-foot or smaller intervals. Where a parcel contains distinct sections of differing slope, the average slope of each section may be determined according to the following contour measurement formula:
S = | 0.00229(I x L) A |
Where: | ||||
|---|---|---|---|---|
S | = | Average slope of area (in percent) | ||
A | = | Total number of acres in the sloped area for each section | ||
L | = | Length of contour lines in scaled feet | ||
I | = | Vertical distance of contour interval in feet | ||
B.
Setbacks. Setbacks refer to a required distance between a building and any lot line. The combination of front, rear and side setbacks define an area, known as the "building envelope," in which buildings are permitted by right. The area between the lot line and the building is known as a "yard," the minimum size of which is prescribed by the setback requirement.
(1)
Required setbacks. Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure from 30 inches above grade upward; provided, however, that fences, walls, trellises, poles, posts, ornaments, furniture and other customary yard accessories may be permitted in any setback, subject to height limitations and requirements limiting sight obstruction.
(2)
Measurement of setbacks. Setbacks shall be measured at right angles from the appropriate lot line to that part of the building nearest that lot line. Front setbacks are measured from the front lot line; rear setbacks are measured from the rear lot line; and side setbacks are measured from the nearest side lot line. Wherever the lot line is irregular or curved, the setback shall follow such irregularities or curves.
(3)
Setbacks at district boundaries. Where the side or rear of any lot abuts a district boundary line, that abutting rear or side setback shall have the dimensions required by the more restrictive of the adjoining districts.
(4)
Permitted projections into required setbacks. The following structures may project into required front, side or rear setbacks as specified in this subparagraph without the requirement to obtain a variance. Except as otherwise noted, such projections shall not be considered in determining building coverage.
(a)
Paved terraces. Paved terraces may project into any required setback, provided that no structures placed there violate other requirements of this chapter.
(b)
Incidental architectural features. Cornices, eaves, canopies, sunshades, gutters, window wells, chimneys, belt courses, headers, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than two feet into any right-of-way or required setback.
(c)
Porches. An unenclosed one-story porch may project into a required front, side or rear setback, and up to 75 square feet of said porch shall not be included in determining building coverage when meeting the following standards:
[1]
The porch does not project more than 50% or 10 feet, whichever is less, into any setback;
[2]
The length of the porch is no more than 50% of the total length of the building facade at the required setback line;
[3]
The porch must not be enclosed, other than by a railing;
[4]
No porch shall be closer than four feet at any point to a front, side or rear lot line, except in a zoning district that does not require a setback (e.g., minimum setback is zero feet); and
[5]
No building shall have porches that project into more than one required side setback.
(d)
Bay windows. A bay window that is not more than eight feet in width where it breaks the plane of the wall may project no more than two feet into any required setback, so long as there is at least 12 feet between the subject bay window and any opposing building wall or bay window on an adjacent lot.
(e)
Fences, walls and retaining walls. Fences and retaining walls may project into any required setback, provided that they are consistent with all other requirements of this chapter.
(5)
Modifications of front setback requirements.
(a)
Prevailing setback.
[1]
Any building erected after the passage of this chapter may project into the required front setback when the prevailing setback, as determined below, results in a minimum (or maximum, where applicable) front setback that is different than the required setback.
[2]
Prevailing setback shall be determined as the smaller of the following measurements:
[a]
The average of the front setback of the two buildings on either side of the subject lot; or
[b]
The average of the front setback of each building on the same block face as the subject lot; however, in no case shall a building that is more than 200 feet from the subject lot or with a setback of more than 50 feet be included in the calculation.
[3]
Where there is no building on either side or there are buildings only on one side of such new structure within the limits specified, then the minimum depth specified by the dimensional standards of Appendix B shall apply.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
[4]
In no case shall a building be required to set back more than 50 feet from any street line.
 |
|---|
In this example, the minimum required front setback in the underlying zoning district is 20 feet. However, because of the variety in existing setbacks of buildings on the same block face, new development on lot C may be located with a setback of only 15 feet, which is the average of the setbacks of the adjacent lots B and D. Alternatively, the setback may be determined by the average of all the properties on the block face, except that the setback for property A would not be included in the calculation, as the setback is more than 50 feet. |
[5]
Where the natural slope of the ground, as shown by the contours of a topographic survey, measured from the front lot line to the midpoint of the lot or to the rear lot line, whichever yields the greater slope, exceeds a grade of one foot in four feet, the required front yard may be reduced by 50%, provided that the rear yard is increased by the same amount.
(6)
Modifications of rear setback requirements.
(a)
The required rear yard setback for a lot that is less than 100 feet deep may be reduced by 1/4 of the difference between the actual lot depth and 100 feet, provided that no rear yard in a residential zoning district shall be less than 20 feet in depth. For example, a lot with an eighty-foot depth could reduce the required rear yard by five feet, or one-quarter of the twenty-foot difference between the actual depth (80 feet) and 100 feet.
(b)
No rear yard is required for a through lot in a downtown or commercial district if a court facing upon a side lot line of equal area as the required minimum rear yard is provided instead.
(7)
Modifications of side setback requirements. Where the slope of a lot, as shown by the contours of a topographic survey, measured from one side lot line to the other or from one side lot line to the midpoint of such lot, exceeds a grade of one foot (rise) in four feet (run), one side yard may be reduced to a ten-foot minimum, provided the other side yard is increased accordingly to meet the minimum combined side yard requirement. All such reductions may be made upon the evidence contained in a certified topographic survey.
C.
Height.
(1)
Church spires, belfries, towers designed for purely ornamental purposes, chimneys, standpipes, water towers, bulkheads, elevator enclosures and water tanks shall be exempt from the provisions of Appendix B, Dimensional Tables,[3] provided that their aggregate area at mid-height is not greater than 20% of the total area of the roof.
[3]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
All penthouses, bulkheads, standpipes and water towers shall be a minimum of 10 feet inside of the front and rear walls of a building and a minimum of five feet inside of the side walls, except that the walls of elevator and stair enclosures may be built on a side wall.
D.
Impervious coverage. The maximum impervious coverage requirements of this chapter may be adjusted to acknowledge the use of semipervious materials in direct relation to the permeability of the material used and the coverage of that material relative to the gross lot area.