New Rochelle City Zoning Code
ARTICLE IV
General District Regulations
§ 331-11 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.
Contravention. Any building or parcel of land found at any time to contravene the specific provisions of this chapter shall be deemed to be in violation thereof, except in cases where such contravention is justified either:
(1)
By reason of conditions found to have existed prior to the effective date of this chapter; or
(2)
By the granting of a variance by the Board of Appeals on Zoning, as hereinafter provided, followed by the effective date of this chapter; provided, however, that such contravention conforms to the provisions and special requirements, if any, under which such variance was granted.
§ 331-12 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 or volume 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 with the use regulations for the district in which it is situated, shall not be enlarged, extended or altered structurally or by volume of space unless the use therein is changed to a conforming use, or except to conform to an order of the Building Official to either correct an unsafe condition or to conform with 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, air space above 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. On application, however, the Board of Appeals on Zoning may extend the period upon finding that it is not reasonable in its application to the particular premises, taking into consideration the characteristics of the use, the investment which has been made in it, the circumstances of the discontinuance and the suitability of the structure for a permitted or special permit use.
(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 residential building, in a residential zone, which is dimensionally nonconforming by reasons of density criteria, may be structurally altered or enlarged, provided that the aforesaid construction does not propose any new nonconforming features. A one- and two-family residential building, in a residential zone, which is dimensionally nonconforming by reason of side yards, may be structurally altered or enlarged within the required side yard, provided that the aforesaid construction does not encroach upon the required front or rear yards except that in all cases, a minimum side yard of no less than six feet shall be maintained. An existing one-family residential building in a one-family residential district, which is nonconforming by reason of lot area or frontage, may be structurally altered or enlarged, provided that the aforesaid construction does not encroach upon any required front, rear, or side yard. These provisions shall not apply to accessory uses.
[Amended 5-19-2005 by Ord. No. 120-2005]
D.
Reconstruction.
(1)
Should a building or structure, other than a one-family residential building in a residential zone, 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.
[Amended 5-19-2005 by Ord. No. 120-2005]
(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 via a special permit so as to result, where reasonable, in greater conformity with this chapter.
(3)
An existing garage accessory to a one- or two-family dwelling may be replaced in the same dimensions as the original structure and in accordance with a plan submitted to and approved by the Building Official. If a nonconforming garage is demolished by order of the Building Official, such garage may be reconstructed at any time in the same footprint and dimensions as the original structure.
[Added 7-19-2011 by Ord. No. 135-2011; amended 2-19-2013 by Ord. No. 39-2013]
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 Board of Appeals on Zoning, based upon a finding that the proposed use is more consistent with the character of the surrounding neighborhood and having less adverse impacts. In permitting such change, the Board of Appeals on Zoning 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 Board of Appeals on Zoning which may then grant approval or approval with modifications, provided said Board finds that the purposes of this section would be advanced by such action.
§ 331-13 Provisions governing lots.
Any change of lot line, whether in conjunction with the creation of a street or a new lot, or a simple exchange of land, shall be considered to be a subdivision and shall be subject to Planning Board review and approval per Chapter A361. 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. All subdivisions and/or apportionments shall be submitted to the Planning Board per Chapter A361 of the City Code.
C.
New building on lots smaller than required. A building permit may be issued for the erection of a one-family residential building on a lot in a one-family residential district which was located in the R1-7.5 or the R1-10 District prior to May 19, 2005, notwithstanding that the lot frontage or lot area of such lot is less than that required for the district in which such lot is located at the time of issuance of the building permit, provided that 1) such lot met the lot frontage and lot area requirements in effect for such lot in the R1-7.5 or R1-10 District, as the case may be, prior to May 19, 2005, and 2) such lot was in different ownership than any other lot or lots contiguous thereto on May 19, 2005, and still is in different ownership as of the date of issuance of the building permit. In addition, 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 April 18, 1955, 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:
[Amended 5-19-2005 by Ord. No. 120-2005]
(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 permitted floor area ratio may be increased to allow the construction of a dwelling which meets the minimum floor area requirement of the district in which it is located or so much thereof as may be possible within the limits of the required yard setbacks.
(3)
The ownership of such lot was not the same as any other lot or lots contiguous thereto on April 18, 1955, and still is not the same as of the date of issuance of the building permit. 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.
(4)
The lot is shown on a subdivision plat filed in the Westchester County Clerk's Office.
[Added 5-13-2008 by Ord. No. 108-2008; amended 10-16-2012 by Ord. No. 171-2012]
D.
Minimum distance between buildings on the same lot.
(1)
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.
(2)
The minimum distance between any principal building and any accessory building shall in no case be less than the height of the accessory building but in no case less than 10 feet. See § 331-45A(1)(c).
E.
Major development subdivision of certain building lots in the DMU, DMUR, MUFE, and DB Districts. Notwithstanding other provisions in this chapter, a building lot located in the DMU Downtown Mixed-Use District, DMUR Downtown Mixed-Use Urban Renewal District, MUFE Mixed-Use Family Entertainment District, or the DB Downtown Business District, which contains at least 75,000 square feet of horizontal lot area (the development site) and on which at least 300,000 square feet of building gross floor area is constructed or approved to be constructed, may be horizontally and/or vertically subdivided into Building Lots which do not comply with the bulk and dimensional requirements of this chapter (major development lots), provided that:
[Amended 9-20-2005 by Ord. No. 225-2005]
(1)
Each such major development lot shall contain at least 1,000,000 cubic feet of area;
(2)
All major development lots which together constitute the development site shall be subject to one combined and integrated approval under the State Environmental Quality Review Act (SEQRA) and, as may be applicable, one combined and integrated site plan, subdivision, special permit and/or variance approval;
(3)
Each of such major development lots shall be serviced by separate water, sanitary sewer and storm sewer utility lines;
(4)
All of the major development lots which together constitute a development site shall be subject to a declaration of covenants and easements, recorded against all such major development lots, in form and substance acceptable to the Corporation Counsel of the City, and to which all mortgages and liens (except for the lien of real property taxes) on such lots shall be subordinated, containing the following at a minimum:
(a)
Cross-easements for structural support, utilities, pedestrian, vehicular, and emergency services access, and off-street parking between or among such major development lots;
(b)
A requirement that the owner of each major development lot maintain a policy of commercial general liability insurance providing liability insurance against claims for bodily injury, death and property damage occurring in, on or about such owner's major development lot, including property damage as a result of fire or other casualty, and that such policy shall name all of the owners of the other major development lots as additional insureds;
(c)
Covenants that require the owner of each major development lot to maintain the building(s) and/or structure(s) located on such owner's major development lot in accordance with commercially accepted first class standards, and, if applicable, as is necessary to ensure the continued structural and functional integrity of all of the buildings and structures constructed on the development site, and that give each owner a right of self-help upon the failure of any owner to perform its maintenance obligations;
(d)
A requirement that the major development lot which has the most at-grade frontage along the public sidewalks which adjoin the development site shall be solely and entirely responsible for maintenance, repair and replacement of and shall assume all liability for all of the sidewalks and curbs which adjoin the development site; and
(e)
In the event the City cannot after due diligence determine which between or among such major development lots is responsible for a violation of City state, and/or federal codes and/or regulations regarding maintenance of the properties and/or buildings on such major development lots, the City may serve the owners of all such major development lots with such violations and all such owners shall consent to the jurisdiction of the court hearing such violations.
(6)
A subdivision of a development site shall be considered a major development subdivision subject to this Subsection E even if there are fewer than three major development lots; and
(7)
The plat for the subdivision shall be in a format acceptable for filing in the Westchester County Clerk's Office.
§ 331-14 Provisions governing yards.
See also § 331-29, Schedule of Dimensional Regulations.
A.
Use of yards.
(1)
Buildings and structures. No principal 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:
[Amended 7-16-2002 by Ord. No. 139-2002]
(a)
Decks or terraces less than 18 inches above the level of the ground beneath them and not extending closer than six feet to any side lot line or 10 feet to a rear lot line.
(e)
Other minor accessory structures in a side or rear yard but no closer than three feet from any property line.
(f)
Ground-mounted solar energy collectors not extending closer than six feet to any side lot line or 10 feet to a rear lot line.
[Added 11-15-2016 by Ord. No. 233-2016]
(3)
Structural projections.
(a)
Open one-story porches, roof overhangs, canopies, and other similar architectural features may extend to within a minimum distance of the front lot line as follows:
(b)
The ordinary projections of window sills, belt courses, chimneys, cornices, eaves, sun-shading devices and other similar architectural features shall not project more than 30 inches into any side or rear yard. Any commercial installation of an awning proposed as a sun-shading device shall be subject to § 270-4F and all applicable subsections.
[Amended 2-19-2013 by Ord. No. 39-2013]
B.
Front and side yards on corner lots. The owner of a corner lot in a residence or nonresidence district may elect either yard fronting on a street as the required front yard, with any other yard fronting a street 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 regards to visibility affecting other properties shall be as determined adequate by the Planning Board as set forth in Article XIII 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.
(3)
Right-of-way intersections. No person in possession of property as either owner or tenant thereof shall erect, construct, install, plant, grow or maintain on any property located at the intersection of the rights-of-way of avenues, streets or alleys any fence, sign, post, hedge, shrubbery or tree that exceeds three feet in height above the nearest ledge of such intersecting corner of said rights-of-way of said avenues, streets or alleys, or any tree of which any branch shall be lower at any point than seven feet above said level of such corner of said rights-of-way of said avenues, streets or alleys, to the end that persons driving vehicles upon either of such intersecting corner of said rights-of-way of said avenues, streets or alleys shall have an unobstructed view across the corner part of said premises to the other corners of said avenues, streets or alleys for a distance of at least 20 feet measured from the intersecting corner of said rights-of-way of said avenues, streets or alleys in either direction.
[Added 6-15-2010 by Ord. No. 103-2010]
§ 331-15 Height limitations.
[Amended 6-15-2004 by Ord. No. 137-2004; 9-21-2004 by Ord. No. 198-2004]
A.
Spires, cupolas, belfries, flagpoles, masts and other similar roof 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 highest point in the roof by not more than five feet.
[Amended 6-17-2008 by Ord. No. 133-2008]
In all residence districts, except on streets, light stanchions or similar freestanding structures for illumination affixed to the ground shall not exceed 10 feet in height. |
B.
No building shall contain more than the number of stories specified in the Schedule of Dimensional Regulations nor exceed the maximum height set forth in such regulations for the district in which such building is located.
C.
In the Central Parking Area, rooftop structures which are used solely for the purpose of housing building mechanicals shall not be included in computing Height for purposes of this Zoning Code, provided their vertical elevation does not exceed 15% of the Height of a building, and provided that such rooftop structures are subject to a detailed architectural review and analysis facilitated by a Licensed Architect to ensure architectural excellence.
[Added 7-18-2006 by Ord. No. 193-2006]
§ 331-16 Fences and walls.
[Amended 4-20-2004 by Ord. No. 90-2004]
Fences and walls, not exceeding four feet in height, are permitted within required front yards and not exceeding six feet in height are permitted in side or rear yards, except that:
A.
In a residence district, the height of any fence or wall shall not exceed four feet in height along the side lot line from the front property line up to the building line.
B.
Any fence or wall separating a residence district from a nonresidence district may have a maximum height of seven feet.
C.
Any retaining wall constructed in a required yard over four feet in height shall not be permitted.
D.
Any fence or wall surrounding a public utility use or a use of a governmental agency may have a maximum height of six feet if of solid construction or eight feet if of at least 3/4 open construction.
E.
A fence of at least 3/4 open construction and a maximum of 10 feet in height shall be permitted to enclose tennis courts, but not in required yards.
F.
If any such fence or wall located within a required yard has a finished or more attractive side, such side shall face the neighboring property or street.
G.
All fences and walls must be inside all property lot lines.
H.
Electrically charged fences, barbed-wire fences and other fences constructed of sharp materials are not permitted in any residentially zoned district and in any district, other than residential, where installation of the barbed wire would be visible from the street or from any residential zone.
I.
In the R1-HIST Residence District, no fence or wall shall be constructed without prior approval of the Historic and Landmarks Review Board.
J.
On a corner lot, the fence along the side yard facing a street (not the front yard) shall not exceed four feet in height, except at street intersections at which § 331-14C(1) shall control.
[Added 12-11-2007 by Ord. No. 294-2007]
§ 331-17 Swimming pools.
[Amended 7-16-2002 by Ord. No. 139-2002; 12-11-2007 by Ord. No. 294-2007; 6-15-2010 by Ord. No. 104-2010; 6-19-2018 by Ord. No. 2018-123]
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 (See § 331-109 for regulations pertaining to outdoor swimming pools as an accessory structure to a multifamily residence, community-purpose building, or annual membership club.):
A.
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. The pool enclosure for an aboveground pool shall be in compliance with Appendix G of the Residential Code of the State of New York and all other applicable laws and regulations. Aboveground pool installations shall be screened with an evergreen screen which shall have a minimum height of 48 inches around the swimming pool and shall be adequate to screen the view of the pool area from adjacent properties and from the street.
B.
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 four-foot-high fencing which shall be in compliance with all other applicable laws and regulations. A dwelling or accessory structure may be used to form any part of such enclosure provided that compliance is met with Appendix G of the Residential Code of the State of New York. In addition, an evergreen screen which shall have a minimum height of 48 inches 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. Such evergreen screen is not required where there exists a perimeter fence that is adequate to screen the view of the pool area from adjacent properties and from the street.
C.
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.
D.
All swimming pools shall be located no less than 20 feet from all lot lines.
E.
All swimming pools shall be limited to the exclusive use of the occupants of the premises and their nonpaying guests.
F.
The applicant shall demonstrate to the satisfaction of the Building Official that the proposed swimming pool will comply with all other applicable codes and regulations.
G.
The emptying of swimming pools shall comply with all other applicable codes and regulations.
H.
The filter pump and electrical switch shall be secured and screened and at a location where noise will not emanate beyond the perimeter of the property and shall not be located in any required yard.
I.
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.
§ 331-18 Storage of boats, camper trailers, motor homes, pickup coaches and travel trailers.
A.
No boat, camper trailer, motor home, pickup coach or travel trailer which is 18 feet or more in length may be stored or parked in any district, except that, in the LI and I Districts, such vehicles can be stored on not more than 20% of the site. If shown on an approved site plan, boats may be stored in an R1-WF-10 (at marinas and yacht clubs only) or WR Waterfront Related in accordance with such plan.
B.
Boats, camper trailers, motor homes, pickup coaches and travel trailers, less than 18 feet in length may be stored in residence districts, provided they are located within a completely enclosed building, are not within the front yard nor within three feet of any interior side or rear lot line, and are screened to the satisfaction of the Building Official.
C.
The provisions of this section shall not be deemed to affect the use of trailers for construction office purposes on a temporary basis in connection with governmental construction projects and any other construction projects for which a building permit has been issued.
§ 331-19 Wetland setbacks.
[Amended 6-15-2004 by Ord. No. 137-2004; 6-17-2008 by Ord. No. 133-2008; 10-20-2009 by Ord. No. 199-2009]
A.
No building or structure or parking lot or parking space shall be constructed within 75 feet of the boundary of any tidal or freshwater wetland, other than boardwalks, shoreline promenades, bulkheads, piers, docks, marinas, boat ramps and boat-launching facilities, boat storage, repair or service facilities, wharves, breakwaters or other similar water-dependent structures, where the setback shall be zero feet, and where any necessary tidal wetland permit and/or Planning Board approval is obtained for construction of such boardwalks, shoreline promenades, bulkheads, piers, docks, marinas, boat ramps and boat-launching facilities, boat storage, repair or service facilities, wharves, breakwaters or other similar water-dependent structures and a SEQRA findings statement has been issued by the appropriate approving agency. Notwithstanding the foregoing, this section shall not apply to properties that have an existing seawall or other continuous barrier along the boundary of any such tidal or freshwater wetland.
[Amended 2-15-2011 by Ord. No. 45-2011; 10-16-2012 by Ord. No. 171-2012]
B.
Portions of a building may project into a wetland setback, provided that the building and site conform to the following criteria:
C.
Within any freshwater wetland setback, the following additional conditions shall apply:
(1)
A minimum thirty-five-foot "non-disturbance buffer" shall be created immediately adjacent to the wetland, in which the following are prohibited: the clearing, trimming, pruning of vegetation, the grading, dredging, filling, and stockpiling of soil, the construction or installation of buildings or structures below ground, the construction of storm drains, sewers, or other underground utilities, the installation of leaching pools or other discharges, the storage, dumping or disposal of materials, the planting of non-wetland vegetation, and the application of fertilizers or pesticides, except that if such non-disturbance buffer contains any invasive plants that are not native to the wetland ecology, such vegetation may be removed and substituted with appropriate wetland vegetation, if approved by the Planning Board.
(2)
A maximum fifteen-foot "limited-disturbance buffer" shall be created between the thirty-five-foot non-disturbance buffer and the fifty-foot building/structure/parking lot setback line.
(a)
Prohibited within the limited-disturbance buffer are the following: building or structures above or below the ground, parking of vehicles, the storage, dumping or disposal of materials, the construction of storm drains, sewers, underground utilities, roof drains or leaching pools or other discharges, the filling or stockpiling of soil, the application of fertilizers or pesticides, bare ground or gravel, the construction of decks or in-ground or aboveground swimming pools, the discharge of chlorinated swimming pool backflush water, brick or stone barbeque pits, sheds, porches or other accessory structures.
(b)
Clearing and fine grading within the fifteen-foot limited-disturbance buffer and the building/structure/parking lot setback line are allowed, but only after installation of required erosion and sedimentation controls (i.e., silt fencing and staked hay bales). Soils shall be fine graded and reseeded with a native seed mix suitable for the site-specific conditions and stabilized immediately after clearing and fine graded. Trimming, pruning, and planting of vegetation shall be permitted within the fifteen-foot limited-disturbance buffer. Also permitted within the fifteen-foot limited-disturbance buffer are pervious pavers for outdoor recreation (but not for overflow or permanent vehicle parking), unfertilized grass and landscaping, movable lawn furniture, barbeques, small plastic or inflatable pools for infants, and similar temporary features.
§ 331-20 Floodplains.
No structure shall be erected in a designated floodplain without compliance with flood hazard protection requirements.
§ 331-20.1 Lands under water.
[Added 5-19-2005 by Ord. No. 120-2005]
No land along the Long Island Sound located below the high-water line, or land elsewhere which is under water, at the time an application for a building permit is filed, may be claimed as available for compliance with any requirement contained in this chapter, unless plans for filling such land in a manner satisfactory to the Building Official are made a part of the building operation for which such permit is requested.
§ 331-21 Security grilles.
[Amended 6-17-2008 by Ord. No. 131-2008]
A.
Security Grilles shall not be permitted except in the following Districts: LI and I.
B.
Security Grilles in existence as of June 17, 2008 may be repaired, if damaged, but shall not be replaced.
C.
Security Grilles in existence as of June 17, 2008 shall be removed at the time of any change of use of the building to which they are attached.
§ 331-22 Exterior lighting.
[Amended 3-15-2016 by Ord. No. 73-2016]
A.
Applicability.
(1)
All exterior fixtures installed, replaced, or repaired after the effective date of this chapter shall conform to the standards established by this chapter.
(2)
Existing lighting in conflict with this chapter shall be classified as "nonconforming," except for the following:
(3)
Nonconforming lighting located on nonresidential properties shall be replaced with compliant lighting within six months after adoption of this subsection.
[Added 3-28-2017 by Ord. No. 61-2017]
B.
Outdoor lighting standards.
(2)
Type of fixtures for all exterior lighting. All exterior lighting shall use full cutoff fixtures with the light source directed downward and with the fixture level with the horizontal plane, with the following exceptions:
(a)
Unshielded residential fixtures equal to one sixty-watt incandescent light per fixture, regardless of number of lamps, are allowed, provided that the illumination standards are met.
(b)
Residential floodlights of less than 1,800 lumens (one-hundred-watt incandescent) are permitted if angled downward such that the center beam is not directed above a forty-five-degree angle measured from the vertical line from the center of the light to the ground, and only if the fixture does not cause glare or excessive lighting and beam spread beyond the intended target or across property lines. Photocells with operable timers that allow a light to go on at dusk and off by 11:00 p.m., as well as motion-sensor-activated lights, are encouraged.
(c)
Temporary lighting installed and lit between November 15 and January 15 of the following year.
(d)
Residential sensor-activated fixtures, provided that:
(e)
Lighting of radio, communication and navigation towers is allowed, provided that the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this chapter and that the provisions of this chapter are otherwise met. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity and red, unless specifically forbidden under FAA requirements.
(f)
In situations of lighted flags which are not illuminated with downward lighting, upward lighting may be used in the form of a narrow cone spotlight which confines the illumination to the flag. Municipal flags are exempt from this requirement.
(3)
No fixtures shall be taller than 20 feet from the ground to their tallest point.
(4)
Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited.
(5)
For all nonresidential lighting, the maximum illuminance at or beyond the property line that adjoins a residential parcel or public right-of-way may not exceed 0.05 footcandle horizontal on the ground or 0.05 footcandle vertical measured at a five-foot height above the ground, unless another applicable law supersedes. Maximum horizontal or vertical illuminance allowed between adjacent commercial properties is 0.1 footcandle.
(6)
Illumination of all off-street parking and loading facilities, other than those accessory to one- and two-family dwellings, shall be provided such that the lighting level shall not exceed an intensity of five footcandles, nor shall it be less than 1.5 footcandles at pavement level.
(7)
The average illuminance levels listed in the Illumination Levels for Various Common Tasks, as provided in the IESNA Recommended Practices Guidelines, shall not be exceeded for nonresidential lighting unless otherwise specified or approved by the Building Official.
C.
Procedures for nonresidential lighting.
(1)
Any change or alteration of nonresidential exterior lighting must be approved by the Building Official and verified, post installation, by the Code Enforcement Officer to insure compliance with all the provisions of this chapter. Where new installations have been designed by an illuminating engineer/professional, he or she shall also conduct a post-installation inspection to verify and certify that the installed system operates as designed.
(2)
All applications for site plan review, special permits, or building permits shall include lighting plans, fixture and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following, if requested by the Building Official, in order to verify that lighting conforms to the provisions of this chapter:
(a)
Location of each current and proposed outdoor lighting fixture indicated on a site plan.
(b)
Type of fixture equipment, including cutoff characteristics, indicating manufacturer and model number.
(c)
Lamp source type, lumen output, and wattage.
(d)
Mounting height indicated, with distance noted to nearest property line, for each fixture.
(e)
Shielding and all mounting details, including pole foundation description.
(f)
Initial illuminance levels as expressed in footcandle measurements on a grid of the site showing footcandle readings in every five-foot square. The grid shall include light contributions from all sources.
(g)
Statement of the proposed hours when each fixture will be operated.
(h)
Total exterior lighting lamp lumens for proposed property.
(i)
Lighting manufacturer specifications (cut sheets), with photographs of the fixtures, indicating the cutoff characteristics of the fixture.
(j)
Detailed photometric layout.
(k)
Types of timing devices used to control on/off.
§ 331-23 Outdoor loudspeakers.
Loudspeakers and voice amplification systems are prohibited in all districts unless specifically permitted by this chapter.
§ 331-24 Satellite earth stations or dish antennas.
A satellite earth station or dish antenna may be located, installed, constructed or maintained on any lot, building or structure only when in compliance with all of the following requirements:
A.
Satellite earth stations or dish antennas mounted on a building or roof shall not exceed 12 feet in height. The height of the satellite earth station or dish antenna shall be measured from the bottom of its base or pad to the highest point of the earth station or antenna when in its most vertical position.
B.
All satellite earth stations or dish antennas, as regulated by § 331-98, shall be reasonably located and screened to minimize visibility from streets and the surrounding properties by using fencing, earth berms, landscaping and architectural features.
C.
All satellite earth stations or dish antennas shall be designed, constructed and installed in conformance with all building, electrical, fire prevention, noise and other applicable codes and regulations, as well as any other construction or performance standards, rules and regulations of any governmental entity having jurisdiction over such devices, including, without limitation, the Federal Communications Commission (FCC).
§ 331-25 Solar energy collectors.
A.
Installation of solar energy collectors, other than for one- and two-family dwellings, which collectors shall cover 1,000 square feet or more, individually or in aggregate, of the roof area of a building, shall be subject to approval by the Planning Board, in accordance with the provisions and procedures of Article XIII, Site Plan Approval, which shall take into account the needs of energy conservation.
[Amended 12-11-2007 by Ord. No. 294-2007]
B.
Access to sunlight for present and potential solar energy systems, both on- and off-site, as well as building siting, orientation and landscaping, shall be considered by all approving agencies as part of their review of any application.[1]
[1]
Editor’s Note: Former Subsection C, which immediately followed and regulated new construction on a lot that would block access to sunlight, was repealed 12-8-2015 by Ord. No. 233-2015.
C.
Rooftop and building-mounted (including parking garage rooftop) solar energy collectors shall be allowed as a permitted accessory use in all zoning districts, subject to the following requirements:
[Added 11-15-2016 by Ord. No. 233-2016]
(1)
Building permits shall be required for installation of rooftop and building-mounted solar energy collectors.
(2)
The solar energy collector surface and mounting devices for building-mounted solar energy collectors shall be set back not less than one foot from the exterior perimeter of a roof for every one foot that the system extends above the parapet wall or roof surface, if no parapet wall exists, on which the system is mounted. Solar energy systems that extend less than three feet above the roof surface shall be exempt from this provision.
D.
Ground-mounted and freestanding solar collectors are permitted by special permit to the Planning Board as accessory structures in all zoning districts, subject to the following requirements:
[Added 11-15-2016 by Ord. No. 233-2016]
(1)
The location of the solar energy collector meets all applicable setback requirements of the zone in which it is located.
(2)
The height of the solar collector and any mounts shall not exceed the height of the principal structure or 20 feet, whichever is less, when oriented at maximum tilt.
(3)
The total surface area of all ground-mounted and freestanding solar collectors shall not exceed 1,000 square feet in area or 5% of the area of the lot on which they are located, whichever is less.
(4)
A building permit has been obtained for the solar collector.
(5)
The solar collector is located in a side or rear yard.
(6)
All abandoned or unused freestanding solar energy collectors shall be removed within six months of the cessation of operations.
(7)
Solar collectors shall be screened from neighboring properties and the public right-of-way, as appropriate.
E.
Height Exceptions for rooftop and building-mounted Solar Energy Collectors.
[Added 11-15-2016 by Ord. No. 233-2016]
(1)
One-Family and Two Family Residential Districts.
(a)
Solar energy collectors may extend up to 18 inches above the maximum height limit, with unlimited rooftop coverage.
(2)
Multifamily Residential Districts.
(a)
Notwithstanding the height limitations of the zoning district, solar energy collectors may extend up to two feet above the ridge level of a roof on a structure with a gable, hip or gambrel roof and shall not extend higher than four feet above the surface of the roof when installed on a flat or shed roof, with unlimited rooftop coverage. The Planning Board may grant exceptions up to six feet if viewsheds are protected.
§ 331-25.1 Wind energy turbines.
[Added 11-15-2016 by Ord. No. 233-2016]
A. WIND TURBINE or WIND ENERGY TURBINE(1) (2)
Definitions.
A wind turbine or wind energy turbine converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a mast or mounting frame and structural supports, electrical generator, transformer, energy storage equipment, and a rotor with one or more blades. Some turbines use a vertical axis/helix instead of rotor blades.
SMALL WIND TURBINES or SMALL WIND ENERGY TURBINESTurbines with an American Wind Energy Association (AWEA) rated power output of 10 kW or less. They are also certified by the Small Wind Certification Council to meet AWEA Small Wind Turbine Performance and Safety Standards. These turbines may or may not be connected to the power grid.
LARGE WIND TURBINES or LARGE WIND ENERGY TURBINESTurbines with a rated power output of more than 10 kW. These turbines may or may not be connected to the power grid. Large wind turbines are not permitted.
B.
Installation of wind turbines in multifamily residential, mixed-use, and commercial and industrial districts shall be subject to approval by the Planning Board, in accordance with the provisions and procedures of Article XIII, Site Plan Approval, which shall take into account the needs of energy conservation. Wind energy facilities shall not be permitted in single-family residential districts.
C.
Wind turbines shall be allowed as a permitted accessory use in all multifamily residential, mixed-use, and commercial and industrial districts, subject to the following requirements:
D.
Rotor-swept area. The rotor-swept area is the projected area as defined by the AWEA. The maximum rotor-swept area is 150 square feet.
§ 331-26 Uniformity of appearance of one-family dwellings.
A.
Except as provided below, no one-family dwelling shall be erected if it is uniform or substantially uniform in exterior appearance to any neighboring building then in existence or for which a building permit has been issued. To be deemed not to be uniform, such building shall differ from neighboring buildings as to roof design, i.e., gable, flat, hip, shed or dormer, and shall also differ in at least two of the following respects:
(1)
Height of the main roof or roof ridge by at least two feet and length of the main roof or roof ridge by at least four feet, or style of roof: hip, gable, mansard, flat, etc.
(2)
Relative location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.
(3)
Relative location, height, size or shape of any attached garage, porch or other similar building element which is not located under the main roof.
B.
For the purpose of this section, a building shall be deemed to be a neighboring building if it is located on an adjacent lot along the same street. In the R1-HIST Residence District and in the case of attached one-family dwellings and in all cases where side yards are eliminated, the requirements of this section as to uniformity of design shall not apply.
§ 331-27 Screening of mechanical equipment.
§ 331-27.1 Waterfront access.
[Added 11-15-2022 by Ord. No. 2022-171]
Development built in accordance with Article XXII, Downtown Overlay Zones, the R1-WF-10 One-Family Waterfront Residence District, and on the seaward side of Pelham Road from Water Street to the boundary with the Village of Pelham Manor shall provide waterfront public access or scenic view public access as set forth in their respective sections of the Code and/or comply with the fee requirements set forth in their respective sections of the Code and/or in Chapter 133, Fees.