Irvington City Zoning Code
ARTICLE XII
Supplementary Regulations
§ 224-48 Vision at street intersections.
At all street intersections in all residence districts, no obstruction to vision, other than an existing building, post, column or tree, exceeding 30 inches in height shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
§ 224-49 Trailers and boats.
The occupancy of a trailer by any person or persons is hereby prohibited in each and all of the districts enumerated in Articles IV through XI of this chapter. Storage or parking of a trailer or boat may be conducted in any district in enclosed garages or, except as specified hereinafter, in the open, within not less than eight and not more than 25 feet of the rear lot line of any lot, provided that, in the case of a trailer, such trailer is not placed in use and the doors thereof are kept securely locked. The storage of trailers or boats on vacant lots is prohibited.
§ 224-50 Westchester County Greenway Compact Plan. [1]
[Added 2-2-2006 by L.L. No. 1-2006]
By Local Law No. 1-2006, the Village of Irvington has adopted the Compact Plan, as amended from time to time, as a statement of policies, principles, and guides to supplement other established land use policies in the Village. In its discretionary actions under this zoning code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
[1]
Editor's Note: Former § 224-50, Location of buildings near aqueduct, added 2-27-1989 by L.L. No. 2-1989, was repealed 6-26-2003 by L.L. No. 8-2003.
§ 224-51 Buffers.
[Added 2-27-1989 by L.L. No. 3-1989]
A.
Cyrus Field Road buffer.
(1)
The area located within 75 feet of the street line of that portion of Cyrus Field Road beginning adjacent to lands now or formerly property of Stewart and continuing to the southern terminus of Cyrus Field Road shall be designated the Cyrus Field Road buffer and shall be governed by the provisions of this subsection to the extent they are more restrictive than other applicable provisions of chapter.
(2)
The following shall be prohibited in the Cyrus Field Road buffer:
(a)
The erection of any building, accessory building, wall, or parking space or portion of any of the foregoing;
(b)
The removal of any trees having a six-inch or greater caliper at a height of four feet except pursuant to a permit issued by the Tree Commission[1] upon a finding that the removal of a diseased, rotted or dead tree is necessitated by a danger that the tree otherwise will fall and injure persons or property;
(c)
Grading, filling or other alteration of the natural contours of the land except to the extent necessary to install and maintain subsurface drainage and utilities pursuant to an approved site development plan and provided that the site is restored as nearly as possible to its preexisting condition;
(d)
Paving of any part of the land; provided, however, that nothing herein shall prevent the construction of any street shown on a subdivision plat approved by the Planning Board after the effective date of this section.
B.
Broadway buffer.
[Amended 8-6-1990 by L.L. No. 13-1990; 6-26-2003 by L.L. No. 8-2003]
(1)
For existing lots, the area located outside the Business District and within 50 feet of the Broadway right-of-way shall be designated the "Broadway buffer" and shall be governed by the provisions of this subsection to the extent they are more restrictive than other applicable provisions of this chapter. Any additional structures or intrusions (extensions) into the Broadway buffer shall be permitted only by a variance obtained from the Zoning Board of Appeals and conditioned upon the planting of evergreen and deciduous plantings. No variance from the provisions of this section may be granted unless the requirements of § 224-97 are satisfied and, as a condition of such variance, the applicant and his or her successors in interest are required to install and maintain such evergreen and deciduous plantings and landscaping as, in the judgment of the Zoning Board of Appeals, shall be necessary to screen the building or other structure within the Broadway buffer.
(2)
For new lots created by new subdivisions, tear downs, or any development involving a modification of more than 50% of an existing structure subsequent to the enactment of this subsection, the Broadway buffer shall be 125 feet, and shall be measured from the property line of the Broadway right-of-way.
(3)
The following shall be prohibited in the Broadway buffer:
(a)
The erection of any building, accessory building or parking space or portion of any of the foregoing;
(b)
The removal of any trees having an eight-inch or greater caliper at a height of three feet except pursuant to a permit issued by the Tree Commission upon a finding that the removal of a diseased, rotted or dead tree is necessitated by a danger that the tree otherwise will fall and injure persons or property, or as part of a site development plan approval or waiver granted by the Planning Board;
(c)
The paving of any portion of land; provided, however, that nothing herein shall prevent the construction of:
(4)
Notwithstanding the provisions of Subsections B(1), (2), and (3) of this section, the Planning Board may grant special permits for the erection of accessory buildings and the paving of land within the Broadway buffer located on the west side of North Broadway, provided that all of the following conditions are satisfied:
(a)
Any such accessory building and paving comply with all applicable provisions of this section.
(c)
The proposed improvements will be located west of a stone wall parallel to North Broadway and at least six feet high.
(d)
The proposed improvements within the Broadway buffer will not be visible from North Broadway by virtue of the required wall and, where applicable, the slope of the land.
(e)
The sight lines of the roadway will not be obstructed.
C.
Croton Aqueduct buffer.
[Added 6-26-2003 by L.L. No. 8-2003]
(1)
For existing lots, no building or part thereof nor any children's outdoor recreational apparatus nor any shed (irrespective of size) shall be erected nearer than 30 feet to any boundary line of the property on which the Croton Aqueduct is located or such greater distance as may be prescribed by § 224-11A. Any additional structures or intrusions into the Croton Aqueduct buffer shall be permitted only by a variance obtained from the Zoning Board of Appeals and conditioned upon the planting of evergreen and deciduous plantings. No variance from the provisions of this section may be granted unless the requirements of § 224-97 are satisfied and, as a condition of such variance, the applicant and his or her successors in interest are required to install and maintain such evergreen and deciduous plantings and landscaping as, in the judgment of the Zoning Board of Appeals, shall be necessary to screen the building or other structure from the view of persons who may use the aqueduct.
[Amended 5-16-2022 by L.L. No. 4-2022]
(2)
For new lots created by new subdivisions, tear downs, or any development involving a modification of more than 50% of an existing structure subsequent to the enactment of this subsection, the Croton Aqueduct buffer shall be 50 feet, and shall be measured from the property line of the abutting Aqueduct right-of-way.
§ 224-52 Buildings abutting public parking lot.
[Amended 4-7-2014 by L.L. No. 9-2014]
No building on a lot in a Business District which abuts a public parking lot shall be erected or enlarged unless an unobstructed space is provided immediately accessible to such parking lot and wholly within the confines of the subject lot for the loading and unloading of at least two motor vehicles at one time. Such space shall be not less than 10 feet wide and 30 feet long for each vehicle. No building shall be erected or altered so that access thereto or to any part thereof is solely from a public parking lot or alley, whether public or private. The limitations of this section shall not apply to driveways.
§ 224-53 Removal of partially destroyed buildings.
A.
No building or portion thereof shall be permitted to remain in any district after total or partial destruction or damage by fire, action of the elements or any other cause prior to, on or after the effective date of this chapter where the use for which such building was erected or to which it was put prior to such destruction or damage is forbidden by any provision of law, statute or ordinance by reason of such destruction or damage or is discontinued by the owner, occupant or lessee thereof, unless all necessary building and/or permits are obtained and the reconstruction, restoration or repair of such building is commenced within 90 days of such destruction or damage and fully completed within six months thereafter.
B.
In any case where reconstruction, restoration or repair cannot be completed within six months of such destruction or damage, the Building Inspector, for good cause shown, may grant one or more extensions of time not exceeding a total of six months.
§ 224-54 Completion of building; fees.
[Amended 11-7-1988 by L.L. No. 8-1988]
A.
Completion or termination of building and/or construction work.
[Amended 5-19-1997 by L.L. No. 3-1997]
(1)
The erection of any building for which a permit shall have been issued shall be diligently carried on and shall be completed within 12 months of the date of issuance of such permit. In any case where the erection of any building cannot be completed within said twelve-month period, the Building Inspector, for good cause shown, may grant one or more extensions of time, each extension not to exceed six months. Extensions of time must be applied for by the applicant or the owner before the building permit expires.
[Amended 8-19-2002 by L.L. No. 6-2002; 6-28-2010 by L.L. No. 7-2010]
(2)
Upon the completion or termination of any building, construction or work at a construction site, or in the event that a construction site is idle without definite plans or schedule for the resumption of any building, construction or work, any and all construction site office(s) and construction site materials shall be removed within 60 days of notice provided by the Building Inspector. This subsection shall apply to all newly authorized and previously existing construction sites.
§ 224-54.1 Change of occupancy or use in Business, Multifamily/Office, Waterfront and Railroad Districts.
[Added 12-19-2011 by L.L. No. 9-2011; amended 1-6-2014 by L.L. No. 1-2014; 5-13-2021 by L.L. No. 2-2021]
A.
Necessity of change of occupancy or use certification. No existing building and/or land shall be converted to a different occupancy or use without first securing a change of occupancy or use certification. This section shall apply to changes of occupancy or use for all properties in the Business, Multifamily/Office, Waterfront and Railroad Districts. Said certification shall be duly issued upon application to the Building Inspector and upon payment of the required fee as set from time to time by the Board of Trustees. No change of occupancy or use certification shall be issued unless the proposed occupancy or use is in full conformity with all provisions of this chapter and all other applicable regulations. Any such occupancy or use carried on in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings for revocation or nullification thereof, and any occupancy undertaken or use established without certification shall be unlawful.
B.
Procedure on application for change of occupancy or use certification.
(1)
Every application for a change of occupancy or use certification shall be accompanied by a plat or floor plan, drawn to scale and signed by the person responsible for such drawing, showing the manner in which the land or building is proposed to be occupied or used and any proposed fencing, screening and landscaping. The Building Inspector may waive this requirement if he deems it to be superfluous.
(2)
No change of occupancy or use certification shall be issued for any building or use that is subject to site plan approval by any board, except in conformance with the requirements of the board. No certification shall be issued for the occupancy or use of a building that is permitted subject to a special permit granted by any board, except in accordance with all conditions which may have been prescribed by the board. No change of occupancy or use certification shall be issued for the occupancy or use of any building that is subject to a variance granted by the Zoning Board of Appeals, except in accordance with all conditions which may have been prescribed by said Board.
(3)
The change of occupancy or use certification application and all supporting documentation shall be made in duplicate and shall be accompanied by the required fee. The amount of such fee shall be as set from time to time by the Village Board.[1] Upon the issuance of a change of occupancy or use certification, the Building Inspector shall return one copy of all filed documents to the applicant.
(4)
Within 30 days after the Building Inspector has certified that a complete and properly prepared application, with all required approvals, including site plan, special permit and/or variances, has been filed, he shall either issue or deny said certification. If a certification is denied, the Building Inspector shall state, in writing, to the applicant the reasons for such denial. Any appeal from the Building Inspector's denial shall be made to the Zoning Board of Appeals.
(5)
Once the applicant has received a change of occupancy or use certification in accordance with the provisions of this section, a building permit for the construction, alteration or restoration of said use may be required in accordance with the provisions of this chapter.
§ 224-55 Off-street parking.
A.
Regardless of the district in which any of the following uses may be located and regardless of the use to which they may be accessory, if designed to seat 100 persons or more, an auditorium, assembly hall, stadium or restaurant, tavern or other place in which food or drink is served shall provide at least one off-street parking space for each four seats. In computing the required number of parking spaces in connection with any such use, all parking spaces otherwise provided on the same lot shall be available to serve the same.
B.
Off-street parking spaces shall be provided as required in this chapter in all instances where an existing building is converted to a use for which such parking spaces are so required and in all instances where a building is increased in the number of dwelling units, seats, number of beds for patients or floor area, except that any portion of any building used for the same purpose prior to the 15th day of November 1948 shall not be required to provide off-street parking spaces.
C.
All required parking spaces provided shall be paved or covered with gravel, shall be suitably drained, shall be maintained in good condition and shall have adequate means of access.
D.
Deck/Elevated parking structures, or any variation thereof, are prohibited, except as permitted by § 224-36A(20).
[Added 6-26-2003 by L.L. No. 8-2003; amended 2-20-2020 by L.L. No. 6-2020]