Irvington City Zoning Code
ARTICLE XIB
Multifamily/Office MFO District
§ 224-47.7 Purpose.
The purpose of the Multifamily/Office District is to ensure that any future development of the large lots on the east side of Broadway north of Strawberry Lane and south of the MF District maintains the scenic character of Broadway, a prominent gateway to the Village; reflects the current and historic uses of these properties; encourages the preservation of historic structures; and promotes a diversity of housing in the Village. The Multifamily/Office District permits a mix of residential, commercial, and institutional uses in a manner that maintains the character of the large properties with deep setbacks and open landscapes.
§ 224-47.8 Permitted uses; use regulations.
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 uses, all subject to the issuance of a special permit by the Planning Board in accordance with the provisions of this article, as well as §§ 224-8E through 224-8F of this chapter:
A.
Three-or-more-family dwellings.
B.
Senior citizen housing, subject to the following conditions.
(1)
All dwelling units in a building shall be occupied by at least one adult aged 55 or older.
(2)
Any senior citizen housing unit shall be the primary residence of the senior citizen.
(3)
Rental senior citizen housing units shall be rented by written lease and only to natural persons. Leases and renewals shall not exceed two years in duration, and sublets or assignments shall not be allowed. As long as a tenant remains eligible for occupancy and has complied with the terms of the lease or a prior renewal, the tenant shall be offered a two-year renewal of the lease.
(4)
For purchase senior citizen housing units must be initially sold and resold only to a person aged 55 or older.
(5)
Any senior citizen housing unit or a property containing senior citizen housing units must be restricted by using a mechanism such as a declaration of restrictive covenants, in recordable form acceptable to the Village Attorney, that shall ensure that the senior citizen dwelling unit shall remain subject to the regulations of this Multifamily/Office MFO District article. Upon approval, such declaration shall be recorded against the property containing the senior citizen unit prior to the issuance of a certificate of occupancy.
(7)
The Village Board of Trustees or its designee shall administer the requirements of this subsection and, among other things, be responsible for monitoring the requirements for senior citizen housing. The costs of such monitoring shall be borne by the developer/owner.
C.
Offices, including small practice medical offices.
D.
Places of worship including parish houses and religious school buildings, schools, public libraries, museums, art galleries or community center buildings.
E.
On lots with direct access to Broadway, bed-and-breakfast establishments, in accordance with the provisions of § 224-8D of this chapter.
F.
Accessory buildings, accessory uses, and community amenities customarily incidental to a special permit use.
G.
Accessory off-street parking facilities serving the permitted special permit use(s) on the lot.
§ 224-47.9 Bulk regulations.
A.
Minimum lot size. No new lot may be created in the Multifamily/Office District unless it has an area of at least 80,000 square feet.
B.
Yard requirements; projections.
(1)
Front, side and rear yards shall be required on each lot in accordance with the following regulations:
Minimum Required Yards (feet) | ||
|---|---|---|
Front | Side | Rear |
75 | 50 (75 if abutting a one-family district) | 50 (75 if abutting a one-family district) |
NOTES: Two properties do not abut if there is a street between them. |
In the case of a corner or an irregular lot, the determination as to what constitutes a front, side, or rear yard shall be made by the Building Inspector. |
(2)
Notwithstanding § 224-47.9B(1), no buildings, community amenities, structures, or parking, or part thereof, shall be permitted nearer than 250 feet to the Broadway right-of-way. Where, however, the Board of Trustees, in its sole discretion, determines that construction closer to Broadway would serve a significant public interest and would be consistent with the 2018 Comprehensive Plan Update, it may waive or modify this 250-foot requirement.
C.
Exceptions to yard requirements.
(1)
Cornices or cantilevered roofs may project not more than 2 1/2 feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard.
(2)
Other than such as are needed for access to the buildings on the lot, patios, paved terraces, steps and walks shall not project into a required yard.
(3)
The Planning Board may permit driveways to project into a required yard, provided that they shall not project within 15 feet of a side lot line or within 25 feet of a rear lot line.
D.
Coverage. Within the Multifamily/Office District the term "lot coverage" shall mean the sum of the area of all buildings, as defined in § 224-3, on the lot, and the term "building coverage" shall mean the sum of all principal and accessory buildings (not including driveways, parking areas, walkways, retaining walls, patios, etc.) on the lot.
(1)
Building coverage shall not exceed 20% of the net buildable site area as defined in Article XV, Resource Protection.
(2)
Lot coverage shall not exceed 30% of the net buildable site area as defined in Article XV, Resource Protection.
(3)
The coverage associated with the adaptive reuse of a designated local landmark or any existing building determined by the Architectural Review Board to be of local historic significance, up to a maximum of 5%, shall not be included in the calculation of building and lot coverage.
(4)
Additional coverage permitted. Notwithstanding § 224-47.9D(1) and (2):
(a)
For three-or-more-family dwellings that include the maximum number of additional units permitted by § 224-47.14, Density bonus for providing moderate-income units, additional building and lot coverage of 5% shall be permitted.
(b)
The Board of Trustees, in its sole discretion, may permit additional building and lot coverage of up to 10% if it determines that the proposed development would further an important public benefit, such as the provision of affordable housing beyond the Village Code requirements or the provision of a sidewalk along Broadway. However, if additional coverage is permitted under Subsection D(4)(a) (for moderate-income units), the maximum additional coverage permitted by this subsection shall be 5%.
(5)
The lot area required for any necessary improvements of Strawberry Lane shall not be subtracted from the net buildable site area for purposes of determining building and lot coverage.
E.
Height of buildings.
(1)
No buildings or structures greater than two stories or 25 feet shall be permitted within 250 feet to 300 feet of Broadway.
(2)
The maximum height of any building or structure greater than 300 feet from the Broadway right-of-way shall be three stories or 35 feet.
(3)
Underground parking shall not be included in the number of stories.
(4)
At grade driveways for accessing underground parking shall not be included when measuring building height, provided the driveway is 30 feet or less in width or the minimum width needed for access, whichever is less. A straight line shall be drawn from the two points at grade adjacent to the driveway to form an imaginary line of grade from which the building shall be measured.
[Added 10-3-2022 by L.L. No. 6-2022]
(5)
The height shall be measured at the periphery of the building where the building meets grade. At any given point where building meets grade, the height shall be measured from the lowest elevation of either the finished grade or the grade prior to construction, filling or grading ("measuring point'') to the highest point of the building. The height shall be measured vertically from the measuring point to an imaginary point located at the allowed number of feet (25 or 35) above the measuring point. (See diagram below.)
[Added 10-3-2022 by L.L. No. 6-2022]
 |
F.
FAR.
(1) FLOOR AREA RATIO (FAR) GROSS FLOOR AREA
Notwithstanding § 224-135, the following terms, as used in this section, shall have the following meanings:
The gross floor area of all buildings on a lot divided by the gross site area of the lot.
The sum of the horizontal area of all stories of a building, measured from the exterior faces of exterior walls, or, in the case of a common wall separating two buildings, from the center line of such common wall, but excluding areas exempted by Subsections A through C of § 224-137 (whether or not in a residential building).
(2)
The floor area ratio (FAR) shall not exceed .30 inclusive of all on-site buildings.
(3)
Underground parking shall not be included in the calculation of FAR.
(4)
Parking decks shall not be included in the calculation of FAR. However, parking decks shall be included in the calculation of building coverage.
(5)
The FAR of any local landmark designated by the Board of Trustees pursuant to § 144-3, or associated with the adaptive reuse of any existing building determined by the Architectural Review Board to be of local historic significance, up to a maximum of .05, shall not be included in the calculation of FAR as prescribed in this section.
(6)
Additional FAR. Notwithstanding § 224-47.9F(2):
(a)
For three-or-more-family dwellings that include the maximum number of additional units permitted by § 224-47.14, Density bonus for providing moderate-income units, additional FAR of .05 shall be permitted.
(b)
The Board of Trustees, in its sole discretion, may permit additional FAR of up to .10 if it determines that the proposed development would further an important public benefit, such as the provision of affordable housing beyond the Village Code requirements or the provision of a sidewalk along Broadway. However, if additional FAR is permitted under Subsection F(6)(a) (for moderate-income units), the maximum additional FAR permitted by this section shall be .05.
G.
Where maximum FAR permits a larger building than does maximum coverage times maximum number of stories, or where maximum coverage times maximum number of stories permits a larger building than maximum FAR, the smaller limit shall control.
H.
Maximum building length. No building shall exceed a length of 225 feet at grade. This limitation shall not apply to covered walkways, porticos or similar structures connecting buildings, nor shall it apply to driveways or parking lots.
I.
Minimum distance between buildings. A minimum distance of 25 feet between any two buildings, whether principal or accessory, shall be observed.
§ 224-47.10 Design regulations.
A.
Lighting.
(1)
Exterior lighting shall be limited to the minimum necessary for the safety and convenience of the users of the premises. Timers, motion sensors, and light sensors shall be used to reduce light usage to only the times necessary.
(2)
All lighting, including lighting of signs, shall be dark-sky compliant. All fixtures shall be full cutoff and shall utilize light shields as necessary to reduce light trespass and glare.
(3)
Lighting shall be designed to the minimum level required for health and safety and shall not exceed five footcandles, except:
(a)
At or beyond a property line abutting a residential parcel or public right-of-way, it may not exceed 0.1 footcandle, as measurable from any orientation of the measuring device, except at the entrance to a driveway or walkway, so long as the lighting is at the minimum level required for safety.
(b)
At or beyond a property line abutting a nonresidential property, it may not exceed 0.3 footcandle, as measurable from any orientation of the measuring device, except at the entrance to a driveway or walkway, so long as the lighting is at the minimum level required for safety.
B.
Landscaping and screening. A landscape plan shall be provided. Appropriate screening shall be provided between the proposed use and any adjacent uses. The Planning Board may require additional screening around parking, refuse, community amenity areas, and any other site conditions it deems necessary to protect and enhance the visual character of Broadway and to minimize any adverse effect on the surrounding neighborhood.
C.
New utility lines shall be underground.
D.
Access driveways and retaining walls. New development shall utilize existing curb cuts and driveways to the greatest extent practicable. Retaining walls greater than three feet in height are prohibited within 125 feet of the Broadway right-of-way.
E.
The following design elements shall be considered:
(1)
Building facades shall be massed and scaled to present a varied appearance at street level, and shall be designed to give individual identity to each unit or section of units.
(2)
The design shall consider the spacing and proportion of window and door openings, bays or other aspects of building fenestration, as well as colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.
(3)
New construction shall be of a design that complements the existing character of the neighborhood and community, and shall use materials that are compatible with the neighborhood and historic character of the Village.
(4)
Blank wall exposures shall be limited.
(5)
The design shall consider variation in roof heights, use of pitched roofs, and other roof elements such as cross gables and dormer windows to provide visual interest and to reduce the scale of the building.
(6)
For existing buildings, any modifications for fire safety or access, such as fire escapes and elevator shafts, shall be located on the side or rear of the building.
(7)
For any local landmark or any building that the Architectural Review Board determines to be of local historical significance for purposes of § 224-47.9D and F, the ARB must determine that any changes made to such building in achieving adaptive reuse do not compromise the local historical significance of the building.
F.
The Planning Board, during its site development plan review of a proposed erection or exterior alteration of a building or structure in the Multifamily/Office District, shall refer the application to the Board of Architectural Review for comments prior to issuance of decision to approve or deny an application. This referral shall not limit any other powers granted to the Board of Architectural Review under the Village Code.
§ 224-47.11 Parking.
A.
On-site parking spaces shall be provided as follows:
(1)
One and one-half spaces per dwelling unit for three-or-more-family units.
(2)
One space per dwelling unit in senior citizen housing.
(3)
One space per 100 square feet of small practice medical office space.
(4)
One space per 250 square feet of office space.
(5)
For all other uses, the applicant shall provide a parking demand study based on the Urban Land Institute Shared Parking Methodology, Institute of Transportation Engineers, or American Planning Association recommended parking ratios, or existing conditions data from similar operations in the Hudson Valley Region. The Planning Board shall determine the required number of parking spaces based on this analysis.
B.
Notwithstanding the provision of § 224-55, parking decks are permitted to be constructed provided that they are fully shielded from view from all public rights-of-way and neighboring property lines. Any parking deck shall be fully screened by a liner building or topography. Landscaping alone shall be deemed insufficient for screening purposes.
§ 224-47.12 Signs.
B.
Permit required. Unless specifically exempted in Article XXIX, no sign may be erected or displayed without first obtaining approval from the Board of Architectural Review (ARB). If the ARB approves an application for a sign permit, the Building Inspector shall issue the permit.
C.
Limitations. Subject to Subsection D of this section:
(1)
Generally, there should be one sign for each permitted use.
(2)
The maximum surface area of any permitted sign shall not exceed 12 square feet per side.
(3)
Such sign may be freestanding, and, notwithstanding § 224-51, may be located within the fifty-foot Broadway buffer. No such sign shall exceed 10 feet in height.
(4)
Interior lit signs are not permitted. Only indirectly illuminated signs are permitted. The brilliance, degree, intensity and type of illumination shall be the minimum necessary for the purpose of such illumination, consistent with public safety and welfare.
(5)
Flashing, moving, fluttering, changing or intermittently illuminated signs are not permitted.
(6)
Building directories are encouraged for multi-tenanted buildings, rather than individual signs for each tenant.
(7)
No sign may be installed on an existing stone wall.
D.
Board of Architectural Review guidelines for signs in the MFO. The design, color, character, size, number, scale and lighting of signs shall be in keeping with, and appropriate to, the character of Irvington and its Multifamily/Office District, and shall not interfere with the safety of passing traffic.
§ 224-47.13 Additional requirements for special permits.
A.
The Planning Board shall require that no special permit be issued until the Planning Board is satisfied that the proposed use:
(1)
Will not have a significant visual impact on the character of the neighborhood, including, but not limited to, the following:
(2)
Will not generate noise or create other disturbance that would be detrimental to nearby residents.
(3)
Will be in harmony with the character and appearance of neighboring properties and the Village as a whole.
(4)
Will not result in an unmitigated significant adverse traffic impact at any of the intersections identified by the Planning Board.
(a)
At a minimum, the following shall be deemed a significant adverse traffic impact:
[1]
A degradation in level of service (LOS) for a lane group in the no action condition to LOS E or F in the with action condition, as defined by the Transportation Research Board Highway Capacity Manual (latest edition).
[2]
An increase of greater than 10% in delay for a lane group from the no action to with action condition if the lane group operates at LOS F in the no action condition.
[3]
An increase in the 95th percentile queue length to exceed the provided storage length for any turning lane or a 95th percentile queue length extending to the adjacent intersection for any through lane.
(b)
The Planning Board may issue a special permit if mitigation measures are incorporated that reduce the traffic impacts to below the thresholds established above.
B.
No special permit may be issued for a use using Strawberry Lane for access or egress unless the applicant makes whatever improvements are necessary to ensure and maintain safe passage over Strawberry Lane from Broadway to the point on Strawberry Lane where the use has access or egress.
C.
Conflicting standards. If there is any conflict between this article and any other provision of this chapter, this article controls.
§ 224-47.14 Moderate-income housing density bonus.
A. AMI MODERATE-INCOME HOUSEHOLD MODERATE-INCOME UNIT or MIU(1) (2)
Definitions. For purposes of this article, the following terms shall have the following meanings:
Area median income for Westchester County, as defined annually by the United States Department of Housing and Urban Development (HUD).
A household with an annual income of not more than 100% of AMI adjusted for household size.
A for-purchase dwelling unit that may be sold to only a household whose income does not exceed 100% of the AMI and for which the annual housing cost (the sum of principal, interest, taxes, insurance and common charges) does not exceed 33% of said income.
A rental dwelling unit that may be rented to only a household whose income does not exceed 80% of the AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of said income.
B.
Density bonus for providing moderate-income units.
(1)
In any permitted three-or-more-family dwelling, except not in senior citizen housing, a developer shall be allowed to exceed the maximum number of dwelling units otherwise permitted by the Zoning Code, but in no event by more than 20%, if for every market rate unit in excess of the maximum, the developer builds one moderate-income unit affordable to a household whose income does not exceed 100% of AMI for for-purchase units, or 80% of AMI for rental units. For example, if the permitted site capacity is 60, the developer may construct 12 additional units if six of the additional rental units are MIUs for households with 80% of AMI (100% for for-purchase units).
(2)
Where the number of additional units permitted by the density bonus is an odd number, the number of MIUs must be rounded up. For example, if five additional units are permitted, three of them must be MIUs.
C.
Conditions for bonus.
(1)
Maximum rent and initial sale price.
(a)
The maximum monthly rent for moderate-income units (including estimated utilities) shall be set by the Village Board of Trustees or its designee. The rent, including the estimated cost of utilities (heat, hot water and electricity) shall not exceed 30% of income for a moderate-income household.
(b)
The maximum sale price for moderate-income units shall be set by the Village Board of Trustees (or its designee). The initial sale price of a MIU shall be calculated so that the annual cost of the sum of principal, interest, taxes and insurance and common charges, as applicable, shall not exceed 33% of income for a moderate-income household.
(2)
Time period for moderate-income limitation. Units designated as moderate-income units must remain as moderate-income units for a minimum of 50 years from the date of the initial certificate of occupancy for rental properties and from the date of original sale for for-purchase units.
(3)
Property restriction. Any moderate-income unit or a property containing any moderate-income unit must be restricted by using a mechanism such as a declaration of restrictive covenants, in recordable form acceptable to the Village Attorney, that shall ensure that the moderate-income unit shall remain subject to the regulations of this moderate-income housing article for the minimum fifty-year period. Among other provisions, the covenants shall require that the MIU be the primary residence of the resident household occupying the MIU. Upon approval, such declaration shall be recorded against the property containing the moderate-income unit prior to the issuance of a certificate of occupancy.
(4)
Primary residence. Any moderate-income unit shall be the primary residence of the resident household occupying the unit.
(5)
Unit size, integration, appearance and quality.
(a)
Moderate-income units shall generally be distributed evenly throughout the development. Notwithstanding, the Planning Board may use discretion in reviewing and approving distribution.
(b)
Moderate-income units shall be distributed among one-, two-, three- or four-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Planning Board as being better suited to the housing needs of the Village.
(c)
The exterior appearance of moderate-income units shall not distinguish them as a class from market rate units.
(d)
Moderate-income units shall be constructed to the same quality standards as market rate units. The developer, however, may substitute different appliances and interior finishes where such substitution would not adversely impact the livability of the MIU.
(6)
Construction of moderate-income units. The moderate-income units shall be developed simultaneously with or prior to the development of the market-rate units. If the development is phased, the phasing plan shall provide for the construction of MIUs proportionately and concurrently with market rate units.
(7)
Lease renewal requirements.
(a)
A person renting a moderate-income unit shall sign a lease for a term of no more than two years. As long as a renter remains eligible and has complied with the terms of the lease, the renter shall be offered renewal leases for a term of nor more than two years each.
(b)
If a renter's annual gross income should subsequently exceed the maximum then allowable, as defined in this article, then the renter may complete his/her current lease term and shall be offered a market rate rental unit in the development, if available, at the end of such lease term. If no such unit is available at said time, the renter may be allowed to sign one additional one-year lease for the moderate-income unit s/he occupies but shall not be offered a renewal of the lease beyond the expiration of that additional one-year lease term. If, however, at the end of the additional one-year term, the renter's income is below the maximum then allowable, the renter shall be offered a two-year renewal lease.
(8)
Resale; calculation of permissible resale price.
(a)
For-purchase moderate-income units may be resold only to eligible moderate-income households.
(b)
The owner of a moderate-income unit shall notify the Village Board of Trustees of the intent to sell prior to contract with any purchaser.
(c)
The maximum resale price may not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of the MIU and such improvements, plus reasonable and necessary resale expenses. Notwithstanding the foregoing, in no case shall the resale price exceed the income restrictions for moderate-income units.
D.
Administration and monitoring agency. The Village Board of Trustees or its designee shall administer the requirements of this article and, among other things, be responsible for monitoring the moderate-income units during the units' periods of income limits and for monitoring compliance with the income and eligibility requirements. The costs of such administration and monitoring shall be borne by the developer/owner.
E.
Tax assessment. The Town's Assessor shall consider the limited sale value of moderate-income units in determining the appropriate assessment on such units.
F.
Applicability of other Code provisions. All of the provisions of the Code of the Village of Irvington not inconsistent or in conflict with the provisions of this article shall be applicable to moderate-income housing.
§ 224-47.15 Density bonus for all affordable housing developments.
A.
In any permitted three-or-more family dwelling in which all of the dwelling units are fair and affordable housing units, as defined in § 224-173, a developer shall be allowed to exceed the maximum number of dwelling units otherwise permitted by the Zoning Code, but in no event by more than 20%, provided that all of the additional units are also fair and affordable housing units meeting all the requirements of Article XXVIII (Fair and Affordable Housing) of the Zoning Code.
B.
This density bonus shall not apply to senior citizen housing.