Mount Vernon City Zoning Code
ARTICLE IV
Regulations
§ 267-10 Application of regulations.
A.
Conformity required. No building shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used for any purpose except in conformity with this chapter.
B.
Minimum requirements. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the protection and promotion of the public, safety, morals, comfort, convenience and general welfare.
C.
Conflicting standards. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater or lesser restriction upon the use of buildings or land, or upon the erection, construction, establishment, movement, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, covenants or agreements, the more restrictive requirements shall prevail. Where any standard or provision of this chapter is found to be inconsistent or in conflict with any other standard or provision, the more restrictive requirement shall apply.
§ 267-11 Nonconforming uses and other nonconformities.
A.
Continuing existing uses, buildings and structures.
(1)
Except as otherwise provided herein, the lawfully permitted use of lands or buildings and the lawfully permitted existence of buildings and structures at the time of adoption of this chapter may be continued although such use, building or structure does not conform to the standards specified in this chapter for the district in which such lands, buildings or structures are located. Similarly, whenever a zoning classification or the restrictions affecting property within a district shall be changed hereafter so as to render nonconforming a use, building or structure then presently lawfully existing, such use, building or structure may nevertheless continue subject to the conditions set forth below. Said uses shall be deemed nonconforming uses and said buildings and structures shall be deemed dimensionally nonconforming.
(2)
Any use in existence as of the effective date of this chapter which is by this chapter made a special permit use in the district in which it is located shall be presumed to have a special permit to the extent such use is legally conforming as of the effective date of this chapter.
B.
Nonconforming use of land, buildings or structures.
(1)
The nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be enlarged or intensified, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, nor shall the lot area be reduced, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.
(2)
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged, extended or altered structurally unless the use therein is changed to a conforming use, or except to conform to an order of the Building Commissioner to either correct an unsafe condition or to conform to the requirements of applicable laws or ordinances.
(3)
No nonconforming use of a building or structure shall be enlarged or extended, except that any such nonconforming use may be extended throughout any parts of the building or structure which were obviously or manifestly arranged or designed only for such use at the time of the adoption or amendment of this chapter.
(4)
No nonconforming use shall be changed to another nonconforming use, except as provided in Subsection E.
(5)
If a nonconforming use ceases for any reason for a period of one year, or is changed to a conforming use, any future use of the land, building or structure shall be in conformity with the provisions of this chapter. Substantial discontinuance of activities consistent with or required for the operation of such nonconforming use or substantial vacancy of the building or structure in which the nonconforming use was conducted, together with substantial discontinuance of activities consistent with or required for the operation of such nonconforming use shall be deemed to constitute a cessation thereof within the meaning of this chapter, irrespective of whether an intention to abandon the nonconforming use may exist.
(6)
If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located and the subsequent use of any building or structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land is located.
C.
Dimensional nonconformity. A building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, floor area ratio, off-street parking, loading or similar dimensional requirements of this chapter shall be deemed to be dimensionally nonconforming. No building permit shall be issued that will result in the increase of any such dimensional nonconformity, but any building or structure or portion thereof may be altered to decrease its dimensional nonconformity.
D.
Reconstruction.
(1)
Should a building or structure, the use of which, or the use of a portion of which, is nonconforming, or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent greater than 50% of the replacement cost of the entire building or structure used in connection therewith at the time of the reconstruction, it shall not thereafter be reconstructed or used except in conformity with the provisions of this chapter.
(2)
Should a building or structure, the use of which, or the use of a portion of which, is nonconforming or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent of 50% or less of the replacement cost of the entire building or structure used in connection therewith at the time of the reconstruction, it may be reconstructed and any accompanying nonconforming use continued, provided that the reconstruction is commenced within one year of the date of such damage and completed within two years of said date, and further provided that it shall be reconstructed in accordance with a plan approved by the Board of Appeals on Zoning so as to result, where reasonable, in greater conformity with this chapter.
E.
Change to other nonconforming use. On application, any nonconforming use of land, buildings or structures may be changed to another nonconforming use upon approval by the Zoning Board of Appeals based upon a finding that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may impose such conditions and safeguards as it may deem necessary or appropriate to further the purposes of this chapter.
F.
Improvement of nonconforming uses. In order that nonconforming uses may gradually be brought into greater conformity with this chapter and the adverse external effects of such uses may be reduced, the owner of the land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a site plan whereby through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking lots and access drives, or by any other appropriate means, these purposes may be achieved. Such plan shall be presented to the Zoning Board of Appeals, which may then grant approval or approval with modifications, provided that said agency finds that the purposes of this section would be furthered by such action.
§ 267-12 Provisions governing lots.
Any change of lot line, except where only the dimensions of two existing lots are changed and additional building lots are not created, shall be considered to be a subdivision and shall be subject to Planning Board review and approval. A plat indicating such change shall be filed with the office of the Westchester County Clerk prior to such change taking effect. A copy of the filed plat shall also be submitted to the City Assessor. No building permit shall be issued for the use or development of any lot which has not been so created subsequent to the effective date of this chapter.
A.
Lot for every building. Every building hereafter erected shall be located on a lot and there shall be no more than one principal building and its accessory buildings on one lot, except for multifamily and nonresidential buildings in districts where such uses are permitted.
B.
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in a manner which will not 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 issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
C.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Zoning Board of Appeals shall determine how the requirements of this chapter apply.
D.
New building on lots smaller than required. A permit may be issued for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to July 1, 1963, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such lot is located, provided that:
(1)
The lot met the zoning requirements at the time the deed to the lot was created.
(2)
All yard setbacks and other building related requirements which are in effect at the time of the obtaining of the building permit are complied with; provided, however, that in a one- or two-family residence district, the required side and rear yard setbacks may be reduced in proportion to the dimensional nonconformity of the lot to allow for the construction of a one- or two-family dwelling.
(3)
The ownership of such lot was not the same as any other lot or lots contiguous thereto on July 1, 1963. If that is not the case, such other lot or lots, or so much thereof as may be necessary, shall be combined with the first-named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such combined lots. Where the required area or dimensions of lots are changed by an amendment to this chapter, any lot legally in existence on that date and made nonconforming by such amendment may be built upon as provided in this section.
E.
Minimum distance between buildings on the same lot.
(1)
Minimum distance between principal buildings in residence districts. In all residence districts, the minimum distance between principal buildings shall equal at least the average height of such buildings at the points where such buildings are closest to one another.
§ 267-13 Provisions governing yards.
A.
Use of yards.
(1)
Buildings and structures. No building shall be constructed on any portion of a lot which is less in width than the minimum required for the district in which it is located. No building or structure shall be permitted within any minimum required yard except:
(a)
Decks or terraces not exceeding 18 inches above the level of the ground beneath them and not extending into a side or rear yard closer than three feet of any side or rear lot line.
(d)
Other minor accessory structures in a side or rear yard but no closer than three feet from any property line.
(e)
Ground floor steps and entrance porches.
(2)
Parking.
(b)
No parking or storage of means of conveyance, other than passenger motor vehicles, is permitted in residence district.
(c)
No parking or storage of commercial vehicles, trucks, and other means of conveyance, other than passenger vehicles, is permitted in nonresidence districts except as otherwise permitted in this chapter.
B.
Front on corner lots.
(1)
The owner of a corner lot in a residence district may elect either yard fronting on a street as the required front yard, with the secondary front yard being equal to at least the following:
C.
Obstruction to visibility at intersections. The following requirements with respect to obstruction to visibility at intersections shall apply to one- and two-family properties in residence districts only. Standards with regard to visibility affecting other properties shall be as determined adequate by the Planning Board as set forth in Article VII of this chapter.
(1)
Driveway intersections. Obstructions to visibility which exceed 2 1/2 feet in height shall be prohibited in the triangles formed by the edge of the paved street, the edge of the driveway and a line joining points located along the street pavement edge 30 feet therefrom and the driveway edge 15 feet therefrom.
(2)
Street intersections. Obstructions to visibility which exceed 2 1/2 feet in height shall be prohibited in the triangle formed by intersecting street pavement edges and a line joining points located along said street pavement edges which are 40 feet from the theoretical point of intersection of such lines, as extended.
§ 267-14 Miscellaneous provisions.
A.
Height limitations. Spires, cupolas, belfries, flagpoles, radio towers, masts, antennas and other similar structures covering a total of not more than 10% of the horizontal area of the roof on which they are located shall be permitted to exceed the otherwise maximum permitted building height by not more than 10 feet unless a special permit therefor is obtained from the Planning Board.
B.
Fences.
(1)
Residence districts:
(a)
Front yard. Wrought iron or aluminum fences and masonry walls of at least 25% open construction, or any combination thereof, not exceeding four feet in height, are permitted within required front yards. Solid masonry walls, whether used on their own or in combination with other types of fences, shall not exceed three feet in height.
(b)
Side and rear yards. Fences and masonry walls not exceeding six feet in height are permitted in side and rear yards, except that where the lot area exceeds 7,000 square feet and lot frontage exceeds 75 feet, a fence of at least 75% open construction, located in side or rear yard, may have a maximum height of eight feet.
(2)
Nonresidence districts:
(a)
Business districts. Wrought iron or aluminum fences and masonry walls of at least 25% open construction, or any combination thereof, not exceeding six feet in height, are permitted within a street-facing yard. Solid masonry walls, whether used on their own or in combination, shall not exceed four feet in height when facing a street. Fences and masonry walls not exceeding eight feet are permitted in other yards.
(b)
Industrial districts. Fences and masonry walls of at least 25% open construction not exceeding eight feet are permitted in any yard, except that the front yard fence shall be as permitted in a business districts when facing a residence district.
(3)
Additional regulations for all districts:
(a)
All fences and walls must be completely inside lot lines.
(b)
If any fence or wall has a finished or a more attractive side, such side shall face the neighboring property or street.
(c)
Any fence or wall separating a lot for residence use from a lot for nonresidence use may have a maximum height of eight feet.
(d)
Any fence or masonry wall surrounding a public utility use or a use of a governmental agency in any district may have a maximum height of eight feet, except that a fence within a yard facing a street shall comply with the street- facing fence regulations for the business and industrial districts.
(e)
A fence of at least 75% open construction and a maximum of 10 feet in height shall be permitted to enclose tennis courts.
(f)
Electrically charged fences, barbed-wire fences and other fences constructed of sharp materials are not permitted. Barbed wire or razor is permitted as part of a fence in an I-Industrial District, provided such barbed wire is located at least eight feet above the ground and is not visible from any residence district within 250 feet thereof and approval has been granted by the City Council.
C.
Swimming pools. All permanent, portable or movable swimming pools shall not be located, installed, constructed or maintained on any lot except when in compliance with the following requirements:
(1)
Swimming pools installed above the ground shall have a height no greater than 48 inches as measured from the mean ground level at the base of the pool to the rim of the pool. The exposed sides of such swimming pool shall be screened by evergreen landscaping whose height at the time of installation shall be at least equal to the height of the exposed portion of the swimming pool, exclusive of deck rails. Such swimming pools shall be surrounded by a fence of at least six feet in height which shall be in compliance with all other applicable laws and regulations.
(2)
Swimming pools installed in the ground, where the rim of the pool is flush with the ground or with an on-ground deck, shall be required to be surrounded with six-foot-high fencing which shall be in compliance with all other applicable laws and regulations. In addition, an evergreen screen which shall have a minimum height of four feet shall be provided around the swimming pool, outside of the fence, and shall be adequate to screen the view of the pool area from adjacent properties and from the street.
(3)
Any lights illuminating swimming pools shall be so directed as to eliminate direct rays and minimize reflected rays of light on neighboring streets and properties.
(4)
All swimming pools shall be located no less than five feet from all lot lines and shall not be located within any front yard.
(5)
All swimming pools shall be limited to the exclusive use of the occupants of the premises and their nonpaying guests.
(6)
The applicant shall demonstrate to the satisfaction of the Building Commissioner that the proposed swimming pool will comply with all other applicable codes and regulations.
(7)
The emptying of swimming pools shall comply with all other applicable codes and regulations.
(8)
All swimming pool fences shall be located on a line not more than 20 feet parallel to the edge of the swimming pool.
(9)
The filter pump and electrical switch shall be secured and at a location where noise will not emanate beyond the perimeter of the property and shall not be located in any required yard.
(10)
Where the construction of a lake or pond, which otherwise meets the definition of a swimming pool, is reviewed as part of a site plan or special permit application, that review shall suffice and a separate permit under this section need not be obtained.
D.
Basketball courts, tennis courts and paddle tennis courts. All such courts shall not be located, installed, constructed or maintained on any lot except when in compliance with the following requirements:
(1)
All such courts shall be located in the side or rear yard only.
(2)
All such courts shall be set back a minimum of three feet from any side or rear lot line.
(3)
Any lights illuminating such a court shall be so directed as to eliminate direct rays and minimize reflected rays of light on neighboring streets and properties.
(4)
All such courts shall cease operation at 10:00 p.m.
(5)
No fence shall be constructed without prior approval of the Board of Architectural Review.
E.
Land underwater. No land which is located below the high-water line or beyond the bulkhead line or land elsewhere which is underwater may be claimed as available for building development or for compliance with any requirement contained in this chapter, other than yard setbacks, unless plans for filling such land in a manner satisfactory to the Planning Board and other responsible governmental agencies are made a part of the application for which the permit is requested. Notwithstanding the above, such underwater areas may be used to comply with yard setback requirements, provided that the resultant building setback is equal to the average setback of other existing principal buildings on properties within 200 feet.
F.
Wetlands setbacks. No building or structure shall be erected within 25 feet of the boundary of any tidal or freshwater wetlands, other than piers, docks, marinas or boat launching, storage, repair or service facilities for which approval is granted by the appropriate approving agency.
G.
Floodplains. No structure shall be erected in a designated floodplain without compliance with flood hazard protection requirements.
H.
Security grilles.
(1)
Roll-up, folding or sliding grilles of noncombustible construction may be installed in nonresidence districts only, provided that:
(a)
Security grilles and accompanying devices, motor and housing shall be installed on the interior side of the building and shall unfold or roll down on the interior side of the window or door.
(b)
Security grilles shall be open-mesh construction, with no openings smaller than two inches in any direction and shall provide complete transparency and visibility into the interior space.
(c)
Security grilles shall be completely in open position during business hours. The enclosure which houses the grille during business hours shall not be visible from either the inside or the outside of the building.
(d)
Security grilles and accompanying devices, motor and housing shall be installed so that they may be removed at any time without endangering the structural and fire safety of the building.
(2)
Upon written notification by the Commissioner of Buildings, existing security grilles which are rendered nonconforming by the adoption of this amendment, shall be removed within six months of written notification. The area where the security grille housing and tracks were attached shall be restored to proper conditions and good maintenance.
(3)
Security grilles shall be installed or removed in accordance with this chapter under a sign permit.
(4)
It shall be a violation of this chapter to maintain in place an existing nonconforming security grille beyond six months of written notification or to install a new security grille in nonconformity of this chapter.
I.
Landscaping, screening and buffer areas.
(1)
All portions of lots which are not used for locations for buildings, structures, parking and loading facilities, sidewalks or similar purposes shall be suitably landscaped and permanently maintained with planting of groundcover, grass, trees and/or shrubbery. Such planting shall be provided and permanently maintained in accordance with specifications approved as part of the site plan for properties that are, or have been, subject to site plan approval.
(2)
Any application to construct or alter any building or structure or to establish any use in any nonresidence district or any nonresidential use in any district shall include provisions for a buffer screening area at least 10 feet in width along any lot line abutting a privately owned lot in a residence district. Any application to construct a development of multifamily dwellings requiring more than 10 parking spaces shall include provisions for a buffer screening area at least 10 feet in width along any lot line abutting a privately owned lot in a one-family or two-family residence district. These requirements may be waived by the approving agency in situations where it determines that adjoining land uses, topographic features or existing vegetation satisfy the same purpose. The approving agency may allow the substitution of a wall or fence of location, height, design and materials approved by it, and meeting the requirements of Chapter 267, Article IV, for part or all of the required planting. Where such a buffer screening area is required, it shall be of evergreen planting of such type, height, spacing and arrangement as in the judgment of the approving agency will screen the activity involved from the neighboring residential area. Nonevergreen planting may seasonally supplement evergreen planting but not take its place. The plan and specifications for such planting shall be filed with the plans for the use of the lot.
(3)
All required landscaping shall be properly trimmed and maintained in healthy growing condition at all times.
(4)
Fee in lieu of landscaping. Application for a permit for construction, alteration, addition or change of use shall not be granted if the maximum permitted impervious surface coverage for the district is exceeded, or if the required landscaped buffer and screening area are not provided, except as otherwise provided in this subsection. The applicant shall pay a landscaping fee in lieu of providing the minimum required landscaped pervious surfaces upon approval from the Zoning Board of Appeals of an area variance for impervious surface coverage in excess of the permitted coverage. The landscaping fee shall be paid to the issuing agency prior to the issuance of the permit, except that the fee may be paid at any time prior to the issuance of a certificate of occupancy for project under construction at the time this amendment takes effect.
J.
Exterior lighting. All exterior lighting accessories on private property, including the lighting of signs, shall be of such type and location and have such shading as will prevent the source of light from being seen from any adjoining streets and residential properties and which shall prevent objectionable glare observable from such streets or properties.
L.
Sale of adult entertainment merchandise in a non-adult entertainment store. The sale, rental or offer for any consideration of adult entertainment merchandise as defined by Chapter 267, Article VI may be permitted in any otherwise legally established store or shop subject to the following conditions:
(1)
The total floor space used for display of the adult entertainment merchandise shall not exceed 20 square feet or 25% of the total stock of merchandise offered for sale, rental or other consideration to the public, whichever is less.
(2)
All adult entertainment merchandise shall be displayed out of view from persons under the age of 18, and access by persons under the age of 18 shall be prohibited at all times.
(3)
No displays of adult entertainment merchandise shall be permitted to be visible from any public right-of-way.
(4)
All adult entertainment merchandise shall be sold, rented or otherwise offered for consideration for off-site use only. Any on-site viewing, reading or listening areas for adult entertainment merchandise or live performances shall classify the business as an adult entertainment business as defined by Chapter 267, Article II, which business shall then be regulated in accordance with all provisions in this chapter as an adult entertainment business, regardless of the amount of floor space used for the adult entertainment business.
M.
Accessory buildings and structures. The height of an accessory building in any districts shall be limited to one story with a maximum building height of 12 feet. Exception: The maximum height of an accessory structure used solely as an accessory parking facility in a district other than a one-, two- or three-family dwelling district, shall be permitted to be the same as the permitted height for the district in which it is located if the structure setbacks comply with the required setbacks of a principal building in such district.
N.
Exterior walls located three feet or closer from property lines:
(1)
Exterior wall located three feet or closer from property lines shall be finished on the exterior side with any type of masonry or concrete materials that does not require periodical maintenance.
(2)
Exterior wall located at property line shall be constructed of masonry or concrete that has at least one finished side on the exterior side of the wall.
O.
Storefront obstructions.
(1)
Transparency. Storefront glass shall be transparent. No visual obstruction of a temporary or permanent nature shall be placed behind a storefront window or door to obstruct the view of the entire interior space from the public street, or to obstruct egress. The following features shall constitute a storefront obstruction:
(a)
Painting, decal, blinds, curtains, etc., placed onto or behind the storefront glass to make it opaque, translucent or obscured, shall be prohibited.
(b)
Storage of merchandise, shelves, counters, refrigerators, and other features shall not be placed within three feet of the storefront. The side of appliances or display furniture, if facing the storefront, shall be attractively finished.
(c)
Exception. Window displays such as fashion or furniture displays shall not be considered an obstruction when they are attractively and professionally arranged and do not obstruct the view.
(2)
Removal of obstructions.
(a)
Obstructions in existence at the time of adoption of this amendment. Storefront obstructions which are in existence at the time of adoption of this subsection shall be removed upon written notification by the Commissioner. The obstructions shall be removed within the time period prescribed below:
[1]
Temporary obstructions, such as window signs, or movable obstructions, such as shelved storage of merchandise, shall be removed immediately upon receipt of written notification.
[2]
Fixed obstructions, such as appliances with water and waste connection, or such as fixed counters, shall be removed within six months of written notice. Fixed obstructions shall be removed under the applicable permit(s).
(b)
Responsibility. It shall be the responsibility of the business owner to maintain the storefront at his/her place of business free of obstruction. A business owner who fails to maintain the storefront free of obstruction or who fails to comply to the Commissioner's written notification within the prescribed time shall be in violation of this chapter.
P.
Encroachments.
(1)
No person shall erect, construct or place any building, appurtenance, fixture or structure connected therewith, in whole or in part, underground, overhead or upon any street, highway, public lane, alley, public street or right-of-way. Exceptions:
(2)
Existing encroachments. Existing buildings or structures, or parts thereof, encroaching into the City's right-of-way and constructed under a valid permit allowing such encroachment, shall be permitted to remain in place as long as they are in good maintenance and/or structurally safe and provided that the owner execute an indemnification agreement with the City. Failure to execute said indemnification agreement shall be grounds for the removal of the structure(s).
(3)
Reconstruction and maintenance.
(a)
Reconstruction of a building or structure, or part thereof, which encroaches into the City's right-of-way, shall be prohibited.
(b)
Minor repairs and maintenance of a building or structure, or part thereof, which encroaches into the City's right-of-way shall be permitted in accordance with applicable codes, laws and regulations. Any person seeking such minor repairs and/or maintenance of an encroaching building or structure, or part thereof, shall indemnify the City or remove the building or structure or part thereof from within the City's right-of-way.
(c)
Relief and interpretation. Any application to reconstruct any portion of a building and/or structure which encroaches within the City's right-of-way shall be denied in writing by the Department of Buildings. Upon such denial, the applicant may seek relief of the denial from the City Council.