Irvington City Zoning Code
ARTICLE XI
Railroad District
§ 224-45 Purpose.
[Amended 12-4-2017 by L.L. No. 10-2017]
The purpose of the Railroad District is to ensure that the railroad right-of-way and immediately adjacent areas are used in a manner consistent with the Comprehensive Land Use Plan and to prevent obstruction of views of and access to the Hudson River. Additionally, the regulations for the Railroad District are intended to preserve the exterior appearance of the existing railroad station buildings by allowing for the adaptive reuse of the buildings so that their economic viability will enable the buildings' preservation.
§ 224-46 Permitted uses; use regulations.
[Amended 2-7-2005 by L.L. No. 2-2005]
A.
Railway tracks, the operation of railway trains and equipment thereon and platforms, stations and equipment necessary for the operation of the railway.
B.
For privately-owned properties located on the east side of the railroad tracks between Main and Bridge Streets, and upon the granting of a special permit by the Planning Board in accordance with § 224-8E and F of this chapter, the following is allowed:
[Amended 12-20-2010 by L.L. No. 2-2011; 2-28-2011 by L.L. No. 3-2011; 12-16-2013 by L.L. No. 16-2013[1]; 4-1-2013 by L.L. No. 7-2013; 2-24-2014 by L.L. No. 6-2014; 4-7-2014 by L.L. No. 9-2014; 4-20-2015 by L.L. No. 6-2015; 2-6-2017 by L.L. No. 1-2017; 3-20-2017 by L.L. No. 4-2017; 1-7-2019 by L.L. No. 1-2019]
(1)
Uses:
(a)
Retail stores.
(b)
Banks.
(c)
Business, administrative or professional offices.
(d)
Personal service stores, such as but not limited to barber shops, beauty parlors and tailors.
(e)
Service establishments furnishing services other than of a personal nature, but not including automobile service.
(f)
Theaters.
(g)
Restaurants.
(h)
Outlets and pickup stations for laundries and cleaning establishments, excluding on-site washing or cleaning of wearing apparel or household effects.
(i)
Manufacturing, converting, altering, finishing or assembling of products is prohibited, except where goods so produced or processed are to be sold at retail exclusively on the premises, where an area of not more than 20% of the area devoted to retail sales and fully concealed from any street is so used, and where not more than two employees are engaged in such production or processing.
(j)
Public utility installations needed to serve the Village or the neighborhood, subject to a determination by the Board of Appeals that no other reasonable location in a less restricted district can be used for the purpose contemplated and subject, further, to such conditions as said Board may deem to be appropriate for the protection of adjoining uses and of the character of the district. Wireless telecommunications services facilities shall also be subject to Article XXI of Chapter 224, Zoning, of the Village Code.
(k)
Accessory buildings and accessory uses customarily incidental to a permitted use.
(n)
Solar energy equipment, provided that it is used only to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which it is erected. Nothing contained in this provision shall be construed to prohibit:
[1]
The sale of excess power through a “net billing” or similar program in accordance with New York Public Service Law § 66-j or similar New York State or federal statute; or
[2]
A community distributed generated (also called “shared solar”) project approved by the New York State Energy Research and Development Authority (NYSERDA).
(2)
The following uses shall be prohibited:
(a)
Any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes or radiation or which presents a hazard to public health or safety.
(b)
The use of premises for the operation of any formula/fast-food establishment or any restaurant or food service business providing curb or drive-through service.
(3)
Use regulations.
(a)
The Planning Board shall require that no special permit be issued until the Planning Board is satisfied that the proposed use:
[1]
Will preserve the exterior of the former train station except that the Planning Board may permit minor changes that may be necessary for the proposed use such as, but not limited to, roof dormers, change of door locations, and paint colors, provided that such changes do not impair the historical integrity of the train station;
[2]
Will have a minimal vehicular traffic impact on the surrounding area; and
[3]
Will satisfy the off-street parking requirements for such use.
(b)
Except for restaurants, all permitted uses shall be carried on in buildings fully enclosed on all sides.
[Amended 4-18-2022 by L.L. No. 1-2022]
(c)
Parking.
[1]
On-site parking spaces shall be provided as follows, in addition, if applicable, to the requirements of § 224-55:
[2]
Decks and/or elevated parking structures, or any variation thereof, are prohibited.
[3]
The following shall also apply:
[a]
The parking requirement may be reduced by one space for each 24 feet of curb space, where street parking is permitted, along the frontage of the lot.
[b]
The Planning Board may, in its discretion, in lieu of parking spaces as required by this chapter, allow the lot developer to pay a fee, which shall be a minimum of $10,000 per space, into a parking supply fund to be established and administered by the Board of Trustees.
[c]
Whenever the total calculations for a site produce a fractional space, a full parking space shall be provided.
(d)
The Planning Board may impose certain conditions on the special permit as it deems appropriate.
(4)
Yards. Yards, if required by the Planning Board, shall be at least four feet wide.
(5)
Coverage. The sum of all areas covered by all principal buildings shall not exceed 14% of the area of the lot; the sum of all areas covered by accessory buildings, except driveways and parking areas, shall not exceed 10% of the area of the lot; and the sum of all areas covered by all principal and accessory buildings, parking and driveways shall not exceed 80% of the area of the lot.[2]
[2]
Editor's Note: Former Subsection B(6), Outdoor seating, which immediately followed this subsection, was repealed 4-18-2022 by L.L. No. 1-2022.
[1]
Editor's Note: This local law also redesignated former Subsection B(2) through (4) as Subsection B(3) through (5), respectively.
C.
For the Ardsley-on-Hudson train station building, and upon the granting of a special permit by the Planning Board in accordance with § 224-8E and F of this chapter, the following is allowed:
[Added 12-4-2017 by L.L. No. 10-2017; 1-7-2019 by L.L. No. 1-2019]
(1)
Permitted uses:
(a)
Retail stores.
(b)
Banks.
(c)
United States Post Office.
(d)
Business, administrative or professional offices.
(e)
Personal service stores, such as but not limited to barber shops, beauty parlors and tailors.
(f)
Service establishments furnishing services other than of a personal nature, but not including automobile service.
(g)
Limited service carry-out restaurants.
(h)
Outlets and pickup stations for laundries and cleaning establishments, excluding on-site washing or cleaning of wearing apparel or household effects.
(i)
Accessory uses customarily incidental to a permitted use, but no accessory buildings.
(2)
The following uses shall be prohibited:
(a)
Any use that is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes or radiation or that presents a hazard to public health or safety.
(b)
The use of premises for the operation of any formula/fast-food establishment or any restaurant or food service business providing curb or drive-through service.
(c)
Any use that includes curb or drive-through service.
(3)
Use regulations.
(a)
The Planning Board shall require that no special permit be issued until the Planning Board is satisfied that:
[1]
The proposed use will preserve the exterior of the former train station in its entirety and will not require any changes to the exterior of the building other than signs permitted under this chapter, and other than changes that will restore the exterior to its original historic character;
[2]
The proposed use will have a minimal vehicular impact on the surrounding area;
[3]
There is adequate off-street parking for the proposed use; and
[4]
Adequate provision is made for the storage and collection of garbage and recyclables.
(b)
Except for outdoor seating permitted pursuant to § 224-46C(4), all permitted uses shall be carried on in buildings fully enclosed on all sides.
(c)
Parking.
[1]
Parking spaces available to the applicant shall be provided as follows, in addition, if applicable, to the requirements of § 224-55:
[2]
Whenever the total calculations for a use produce a fractional space, a full parking space shall be provided.
[3]
Decks and/or elevated parking structures, or any variation thereof, are prohibited.
(d)
The Planning Board may impose certain conditions on the special permit as it deems appropriate, including requiring renewal of the permit after a certain time period.
(4)
Outdoor seating. The Village Administrator is authorized to issue a revocable permit for outdoor seating on the property of a permitted limited-service carry-out restaurant or food retail use, subject to the following requirements:
(a)
The permit shall expire on December 31 of the calendar year in which it is issued. It may be renewed annually, subject to the conditions of this subsection.
(b)
An application for outdoor seating shall state the name and address, phone number and e-mail address of the applicant, and the proposed hours of operation of the outdoor seating. If the applicant is not the owner of the premises to which the outdoor seating is accessory, (s)he must provide proof of the property owner's consent to the outdoor seating.
(c)
The applicant must submit, prior to issuance of the permit, a certificate of general liability insurance, covering the outdoor seating area, with a minimum liability limit of $1,000,000 per occurrence.
(d)
The outdoor seating area shall be conducted only as accessory to a lawfully operating food establishment, and by the entity that operates the establishment.
(e)
The Village Administrator shall grant or deny an application for a permit under this article within 30 days after submission of all the required information and documents, and upon payment of the fee. The permit may include any conditions that the Village Administrator deems to be reasonable and necessary to protect the health, safety and welfare of the public.
(f)
The outdoor seating area must be located immediately adjacent to the west side of the train station building and may not extend beyond the boundaries of the Railroad District.
(g)
No outdoor seating area may be used other than between 8:00 a.m. and 8:00 p.m. on Sunday through Saturday, nor may it be used when the establishment to which it is accessory is not open.
(h)
All food and beverages served at the outdoor seating area shall be prepared or sold within the existing food establishment.
(i)
The outdoor seating area shall be kept neat and clean at all times.
(j)
No outdoor lighting may be used on or for the outdoor seating area except for low-level tabletop lighting.
(k)
No live or mechanical music may be operated or used within or for the outdoor seating area.
(l)
Upon learning that any permittee operating an outdoor seating area has violated any provision of this subsection or the terms and conditions of an outdoor seating area permit or has engaged in any practice that constitutes a danger to the health or safety of any patron or pedestrian, the Village Administrator shall give notice to the permittee to correct such violation or cease such practice within 24 hours. If the permittee fails to comply with such notice, the Village Administrator may suspend the permit for a period not in excess of 30 days, during which time the permittee shall be entitled to a hearing before the Village Administrator, at which the permittee may be represented by counsel, to present evidence in his or her behalf and confront the evidence against the permittee. Within 48 hours after the hearing is closed, the Village Administrator must either revoke the permit or reinstate the permit. In reinstating the permit, the Village Administrator may impose additional conditions related to the violation or improper practice that has been found. If the permittee does not request a hearing, the permit shall be permanently revoked.
§ 224-47 Height of buildings.
No part of any building or structure shall be erected to a height greater than two stories and basement, nor shall such height exceed 22 feet.