Hastings On Hudson City Zoning Code
ARTICLE III
Regulations Applicable to All Districts
§ 295-12 Application of general regulations.
The regulations set forth in this article shall apply in all zoning districts.
§ 295-13 Conformity required.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations specified in this chapter for the district in which it is located or is to be moved.
§ 295-14 Completion of structures issued building permit before chapter.
Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building for which a building permit was duly issued and on which actual construction was lawfully begun and diligently carried on prior to the adoption of this chapter, provided that the building shall be completed within 12 months after the passage of this chapter. "Actual construction" is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement or cellar is being excavated, such excavating shall be deemed to be actual construction, or where demolition or removal of an existing structure has been begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction. Similarly, whenever a district shall be changed hereafter, the provisions of this chapter with regard to building permits issued prior to the passage of this chapter shall apply to building permits issued for construction in that changed district before the time the amendment effecting the change becomes effective.
§ 295-15 Conflicting standards.
In case of conflict between this chapter and any other Village statute, bylaw, local law or regulation, the more restrictive standard shall apply. Examples of such standards would include but not be limited to greater width or size of yards or other open spaces; or a lower height of building; or a fewer number of stories; or a greater percentage of lot area to be left unoccupied.
§ 295-16 Environmental matters.
The use, reuse, development or redevelopment of all lots, buildings, structures or open lands shall be subject to review in accordance with the environmental review procedures established in the State Environmental Quality Review Act (SEQRA),[1] and the regulations promulgated pursuant thereto and in the following chapters of the Hastings-on-Hudson Code: Steep Slopes (Ch. 249); Tree Preservation (Ch. 273); Flood Damage Prevention (Ch. 146); Environmental Quality Review (Ch. 131), and any other applicable local laws relating to matters regulating the natural or man-made environment.
[1]
Editor's Note: See Environmental Conservation Law Article 8.
§ 295-17 Accessory building attached to main building.
Anything in this chapter to the contrary notwithstanding, if any accessory building is attached to a main or principal building, including attachment by means of a breezeway or a roofed passageway, that attached accessory building shall comply in all respects with the requirements of this chapter applicable to the main building. All other accessory buildings shall comply with the requirements for accessory buildings as set forth in this chapter.
§ 295-18 Building lots and open spaces.
A.
Lot measurements. All measurements herein shall be deemed to run to and from the pertinent property lines, excepting only in the case of a property owner whose title runs beyond a street line boundary to a point within such street in which case, for purposes of measuring front, side and/or rear yards, the property line shall be deemed to be equivalent to the street line.
B.
Lot for every building. Every building hereafter erected and every use hereafter established shall be located on a lot as defined herein. Unless otherwise permitted in this chapter, there shall be only one use or use category permitted per lot.
C.
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, that separation shall be effected in such a manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith. No permit shall be granted for the erection of a building or structure upon the new lot thus created unless it complies with the provisions of this chapter.
D.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Zoning Board of Appeals shall determine how the requirements of this chapter shall be applied.
E.
Required open space.
(1)
No lot shall be so reduced in area as to make any yard, court or other required open space smaller than the minimum required under this chapter.
(2)
No part of a yard, court or other required open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard, court or other open space required under this chapter for another building or structure.
F.
Yards abutting district boundary lines. Where any rear yard or side yard of a lot adjoins a district boundary line, that adjoining rear or side yard shall have the dimensions required by the more restrictive of the two adjoining districts.
§ 295-19 Required street frontage and access; access to sewers.
A.
Except as provided in Subsection B, no building permit shall be issued for the establishment of any use or the construction of any building or structure, or any part thereof, unless the lot upon which that use is to be established or that building or structure is to be built has frontage of at least 70% of the lot width required for that district on a street or highway that has been suitably improved to Village, county or state road standards or a bond posted therefor, and unless the actual access to the use, building or structure will be over that frontage or over a right-of-way or easement satisfactory in location and physical condition to the Village for such purposes, as set forth in § 7-730 of the Village Law, all in accordance with the provisions of § 7-736 of the Village Law.
B.
If a building permit is sought for the establishment of any use or construction on a lot that has street frontage of less than 70% of the required width for the district in which the lot lies, the application for a building permit must be reviewed and approved by the Planning Board.
C.
No building permit shall be issued for the establishment of any use or the construction of any building or structure, or any part thereof, unless the building, structure or use has access to a public sewer.
§ 295-20 Required yards.
A.
Yard for every building. No part of a required yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the required yard or open space for any other building or any other lot.
B.
Obstructions in yards. No buildings or structures, or any projection from buildings or structures, shall be permitted in a required yard, except as follows:
(1)
Cornices, canopies, eaves or cantilevered roofs or similar features may project not more than two feet into a required yard, but only if the feature is at least 10 feet above grade. Features less than 10 feet above grade may project not more than 12 inches into the required yard.
(2)
Notwithstanding Subsection B(1), bay windows may project not more than two feet into a required yard.
(3)
Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard.
(4)
A chimney may project not more than two feet into a required yard.
(5)
A freestanding steel stair may project no more than four feet into a required yard; but no required freestanding steel stair on any structure may be constructed on the front or any side thereof which faces on a street or be roofed over or enclosed.
(6)
A terrace or uncovered porch or deck with its floor level no higher than that of the main entrance to the building may project into a required yard not more than six feet; or to a point not closer than six feet to any property line; or to a point 1/2 of the minimum required setback from any property line, whichever projection is the least.
(7)
No balcony shall project into a required yard.
(8)
Except as set forth in Subsection E below, fences or walls, or a fence on top of a wall, less than 6 1/2 feet in height may be erected anywhere on the lot. Fences or walls, or a fence on top of a wall, 6 1/2 feet or greater in height shall be set back as far as the Building Inspector deems necessary for visibility and shall conform to the requirements set forth herein for buildings.
C.
Parking, paving and structures on required yards in residential districts. With the exception of driveways and sidewalks constructed in compliance with §§ 295-39 through 295-44 below, in residential districts:
(1)
No motor vehicle, trailer, recreational vehicle, snowmobile, mobile home, boat or permanent or temporary structure shall be placed on any required yard nor shall any portion of any required yard be paved.
(2)
No portion of any required yard shall be paved except for walkways, not exceeding four feet in width, to the principal or any accessory structure on the lot.
[Amended 8-5-2008 by L.L. No. 24-2008]
(4)
No site plan shall permit any structures, parking or paving on a required yard.
D.
Front yard depth.
(2)
If, on one side of a street within 250 feet of any lot, there is pronounced uniformity of alignment of the fronts of existing buildings and of the depths of front yards that is less than the required minimum depth specified in this chapter, the Zoning Board of Appeals may permit a reduction in the required depth of the front yard for a new building on that lot, or expansion of an existing building on that lot, provided that the spirit and intent of this chapter is met and that the depth of the front yard shall conform as nearly as practicable to that existing on the neighboring lots.
E.
Visibility at intersections.
(1)
On a corner lot, no fence, wall, hedge or other structure or planting shall be erected, placed or maintained in such a way as to obstruct traffic visibility across the triangular area formed by the two intersecting street right-of-way lines and a straight line connecting points along those street right-of-way lines, which points, are located 50 feet distant from the theoretical point of intersection of the lines, measured along the street lines. Grading of corner lots shall be in conformance with this chapter to the maximum possible extent.
F.
Corner lots. On a corner lot, the side yard abutting the street shall be not less than the required front yard or 15 feet, whichever is greater. The property owner shall elect which of the two yards not abutting the streets is the rear yard, except that the Planning Board shall make such determination for lots located within the CC District.
G.
Side yard width in relation to length. When a side yard exceeds 50 feet in length, its required width shall be increased one foot for each 10 feet of length in excess of 50 feet.
§ 295-21 Height limitations; courts.
A.
Height.
(1)
Unless regulated specifically herein, the height limitations of this chapter shall not apply to chimneys, church spires and church belfries, standpipes, cross-member-style television antennas, ham operator antennas, flagpoles or sculpture, provided that such structures (with the exception of church spires and church belfries) do not extend more than 15 feet above the level of the roof on which they are located.
(2)
No towers, non-church belfries, penthouses, scenery lofts, cupolas, water towers and water tanks, wind energy devices, elevator shafts, transmitting and receiving dishes or cones, monuments, transmission towers and cables of public utilities or similar structures or mechanical appurtenances may be erected on any building unless approved by the Planning Board after a finding by that Board that they are in furtherance of §§ 295-2 and 295-3 above. If so approved, such structures shall be screened in a manner determined by the Planning Board to be appropriate and consistent with the exterior of the building, unless such screening would defeat their purpose. In any event, such structures shall not exceed the maximum height permitted in the district; shall not be used for sleeping or housekeeping purposes or for any commercial purposes other than such as may be incident to the permitted use of the principal building; and shall not cover at any level more than 10% of the area of the roof on which they are located.
[Amended 2-1-2022 by L.L. No. 2-2022]
B.
Height of accessory buildings. The height of accessory buildings shall not be greater than 15 feet in the case of sloped roofs or 12 feet in the case of flat roofs, except that accessory garages in multifamily districts may provide recreation space on the roofs thereof to conserve open space for grass and trees.
C.
Courts. The width of inner and outer courts at any level shall be not less than the greater of 20 feet or the height of the highest vertical wall forming part of the court above the sill of the lowest window served by the court.