Orangetown City Zoning Code
ARTICLE XVIII
Hamlet of South Nyack Supplemental Regulations
§ 18.0 Legislative intent.
The Village of South Nyack was officially dissolved and incorporated into the Town of Orangetown on March 31, 2022. The Town Board of the Town of Orangetown has determined that certain supplemental zoning regulations, including definitions specifically applicable to the former Village of South Nyack, should be incorporated into the Town of Orangetown Zoning Law through the establishment of a new Article XVIII.
§ 18.1 Applicability of definitions; word usage.
A.
Applicability. For the purposes of this article, the following terms shall specifically apply to applicable policy and terms found in Article XVIII of this chapter and the Hamlet of South Nyack Use, Bulk and Parking Table, referenced in § 3.13 of this chapter, and shall have the meanings herein indicated. All terms found in Article XVIII of this chapter and not defined in § 18.12, Terms defined, shall have the meanings indicated in Article XI of this chapter, if so defined.
B.
Word usage. For the purposes of this article, the words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation or partnership as well as an individual; the word "lot" includes the words "plot" and "parcel." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." Words not defined in this article and also not defined in Article XI of this chapter shall carry their customary and dictionary meanings.
§ 18.1.2 Terms defined.
As used specifically in this article, the following terms shall have the meanings indicated:
An apartment house of six or more stories.
An apartment house of two stories through five stories.
The portion of a building between the top of uppermost floor construction and the underside of the roof construction.
The area bounded by the required yard setbacks and allowed height of building, within which a building may be constructed, and which shall not include any easement unless specifically allowed by the easement. Where subdivision or site plans show the buildable envelope, its outline shall conform to this definition.
The height of a building shall be measured from the average elevation of the proposed finished grade or the existing grade on all sides of the building, whichever is lower, to the highest point of the roof, exclusive of any chimneys.
An annually renewable written authorization from the Building Inspector for a use allowable under this certificate category.
That percentage of the plot or lot area covered by the principal building, accessory buildings, decks, porches, and any surface impervious to water, including but not limited to concrete, asphalt, brick, macadam, asphalt or paving stone.
A building containing three or more dwelling units.
A detached building having single ownership and containing two dwelling units, one of which contains no more than 1/3 of the floor space of the building, so that the appearance of the building is similar to a single-family house, and where the second unit is designed to have less density of use than the primary dwelling unit.
The lineal footage actually abutting a street.
The total horizontal area included within the property lines of a lot, except that for any minimum lot area specified in this article, the area shall be adjusted as set forth in § 18.32, Development of hillsides.
The lot area reduced by the percentage set forth in § 18.32, Development of hillsides, if any. Adjusted lot area shall be used for the minimum lot area and maximum lot coverage bulk requirements.
That ground area open to the sky and on the same lot with a building or buildings, and which is landscaped and/or devoted to outdoor recreation or sitting space.
An off-street space, enclosed or unenclosed, available for the parking of one motor vehicle and having direct access to a street via a curb cut, not inhibited by another parking space.
An outdoor floor structure built at ground level with no permanent roof, constructed mostly of stone, bricks or cement, at least five feet in width and five feet in length, and which does not serve primarily as a walkway from one part of the property to another. The dimensions of a patio are not included in the dimensions of any building that it may adjoin.
A structure attached to a principal or accessory building, consisting of a floor covered by a roof and with at least one side mostly open to the adjoining yard, that is at least five feet in width and five feet in length, accessible directly from the building to which it is attached, and which does not serve primarily as a walkway from one part of the property to another. The dimensions of a porch shall be included in the dimensions of the building to which it is attached.
An institution that is not "public" which offers to its students formal education in arts, sciences or humanities, and is chartered by the Board of Regents of the University of the State of New York, and which is composed of multiple structures and land uses on a lot or lots aggregating more than five acres.
A person who renders services, rent, or other compensation in consideration of occupancy in or upon the premises, is not a member of the resident family of the dwelling unit, as defined in this chapter, has the exclusive use of only a bedroom within the dwelling unit and shall have use of the kitchen, dining room, living room and other facilities of the dwelling unit in common with other residents.
An institution under the jurisdiction of a school district and legally constituted by the State of New York to offer free formal education to residents of the district.
The vertical distance from a floor to the top surface of the floor next above. The height of the topmost story is the maximum distance from the top surface of the floor to the top surface of the ceiling joists.
Any permanent, nonportable pool, installed above or below ground, which contains water to be used for swimming or bathing. As used herein, the word "pool" shall be synonymous with the words "swimming pool."
SWIMMING POOL, PRIVATEA swimming pool, and its incidental apparatus and equipment, located on a lot as an accessory use to a residence, and maintained by an individual for the sole use of his household and guests, without charge and with no purpose of profit.
SWIMMING POOL, OTHERA swimming pool regularly used by several families who pay a fee or charge, directly or indirectly; or a pool operated by a private club for its members; or any commercial or community pool; or a pool serving dwelling groups or multiple dwellings.
Any type of construction or equipment used in connection with or surrounding a swimming pool, including a deck or paved area.
§ 18.2 Supplemental regulations, including use regulations.
Subdivisions shall revert to and be subject to Town of Orangetown Town Code Chapter 21, Land Development Regulations. Furthermore, any nonresidential development generally shall revert to and be subject to Town of Orangetown Town Code Chapter 21A, Site Development Plan Approval.
18.21.
Sale of arts, crafts and antiques; general or professional office. Any premises within the Hamlet of South Nyack used in whole or in part for the sale of arts, crafts and antiques shall be subject to the following regulations:
(1)
Only the first floor of the premises shall be used for the sale of arts, crafts and antiques.
(2)
There shall be no substantial change in the external appearance of the premises, and the premises shall be continuously maintained in good condition and repair.
(3)
The outdoor display either on the porch, sidewalk or in the yard of premises used for the sale of arts, crafts and antiques shall be prohibited.
(4)
If a portion of the premises is used as a dwelling, the dwelling units shall have an unobstructed access to the outdoors completely independent from the area of the building used for the sale of arts, crafts and antiques.
(5)
That portion of the premises used for the sale of arts, crafts and antiques shall not be used for cooking or for the sale of food. No vending machines shall be permitted on the premises.
(6)
No loose refuse shall be stored outdoors at any time.
(7)
There shall be no manufacturing, brazing, soldering, welding, storage or use of inflammable liquids or use of open flames on the premises.
(8)
Any overnight occupancy of the area of the premises used for the sale of arts, crafts and antiques, or as a professional office, shall be prohibited.
(9)
No premises shall be used for the sale of arts, crafts and antiques, or as a general or professional office, unless an annual certificate is obtained from the Building Inspector stating compliance with the New York State Uniform Fire Prevention and Building Code and the Zoning Law.
(10)
All storage areas shall be inspected annually by the Building Inspector or Code Inspector to ensure clear access to all means of egress and full compliance with all relevant codes and laws.
(11)
If the first floor of such premises ceases to be used for the sale of arts, crafts and antiques, or as a general or professional office, it shall thereafter be used to house only one family.
(12)
Off-street parking for employees and/or tenants shall be provided, in the rear and/or one side yard, behind the front building line, and shall be screened from adjoining properties.
18.22.
Community residence facilities. Community residential facilities shall be subject to Town Board approval as to site selection pursuant to § 41.34 of the Mental Hygiene Law (Padavan), as may be amended.
18.23.
Signage.
(1)
Signage will be consistent with the Sign Law of the Town of Orangetown, Chapter 31C, and with this Chapter 43, Zoning. The number and size of accessory signs for each South Nyack (SN) zoning district is provided as follows, thereby providing a framework for the regulation of signage in SN zoning districts. No sign or advertising structure shall be erected, moved, enlarged or reconstructed without a permit first having been obtained from the Building Inspector.
(2)
Permitted signs in residence districts. Unless otherwise indicated, one nonilluminated nameplate or professional sign with an area on one side of not over two square feet.
(a)
In the SN-HRA District, up to three nonilluminated property organization identification signs with an area on a side of not over nine square feet.
(b)
In the SN-RG-A, SN-R-O and SN-RG-OA Districts, provided that they are accessory to a principal use on the premises:
[1]
One nonilluminated nameplate or professional sign per office, with an area of not over two square feet.
[2]
One indirectly illuminated bulletin board or announcement or identification sign for educational or religious institutions, with an area on a side of not over 12 square feet, provided that such sign is located not nearer than 20 feet to any street or property line or is attached to the building if closer.
[3]
One indirectly illuminated identification sign, with an area on a side of not over 12 square feet, or in the SN-RG-OA District, two nonilluminated identification signs with an area on a side of not over 24 square feet, provided that such sign is located not nearer than 20 feet to any street or property line or is attached to the building if closer.
(3)
Permitted signs in nonresidential districts, accessory to a principal use on the premises:
(a)
In the SN-B-1 District, not more than one identification sign for each tenant on the premises on each wall fronting on a street, provided that the area, in square feet, of any signs on any wall shall not be greater than two times the width in feet of the storefront or commercial establishment to which the sign refers; and such sign or signs shall be parallel to the face of the building; and no part thereof, including any illuminating devices, shall project more than 12 inches beyond the face of the wall to which applied nor any distance beyond or above the building in any other direction.
(b)
In the SN-RGLSO District, one indirectly illuminated sign external to the building, with an area on a side of not over 20 square feet; plus one wall sign not exceeding 16 square feet.
18.24.
Place of worship.
(1)
A place of worship may have a tower, steeple or similar structure extending above the roof to no higher than 50 feet, provided that no part of this tower shall be closer than 40 feet to any adjoining nonpublic property line.
(2)
A side yard adjoining any dwelling's property shall be minimum of 30 feet. Otherwise, it shall be equal to that required for a one-family dwelling.
(3)
A rear yard adjoining any dwelling's property shall be minimum of 40 feet. Otherwise, it shall be equal to that required for a one-family dwelling.
18.25.
General and professional offices, funeral parlors and sale of arts, crafts and antiques in SN-RG-OA Districts.
§ 18.3 Supplemental bulk standards.
18.31.
Bulk standards for development of unsuitable land.
(1)
Land which the Planning Board finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of inhabitants of the land and surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Board, upon recommendation of the Town Engineer, to solve the problems created by the unsuitable land conditions.
(2)
As part of any minimum lot area requirement and maximum lot coverage requirement, not more than 50% of any land under water, subject to or within the 100-year-frequency floodplain, or designated wetlands shall be counted. In addition, at least 50% of the minimum lot area shall be unencumbered by land under water, the 100-year-frequency floodplain or a designated wetland. Any construction on such land shall be limited to the maximum lot coverage calculated on the amount of countable square footage, if any.
18.32.
Development of hillsides.
(1)
The future development of the hillside areas in the Hamlet of South Nyack is a problem of increasing urgency. The hillsides bypassed until now as too costly on which to build are virtually the last substantial areas for residential development in the Hamlet of South Nyack, and proposals for their use are beginning and can be expected to increase in the future. In the past, a large amount of cutting and filling was frequently done to get the maximum number of lots from a hilly piece of land. In the Hamlet of South Nyack, where steep hills are also characterized by droughty and shallow to bedrock soils, filling operations often entail the destruction of a great deal of the natural vegetation, disrupt the natural drainage pattern and cause excessive amounts of erosion. To prevent these problems and to preserve the present character of the Hamlet's hillside areas, the Planning Board shall use the following slope formula, based upon the existing contours of the land, to determine the lot area credit toward the minimum area requirement.
(2)
Based upon the following table, the application of the minimum lot area requirements in Article III herein shall be limited by the percentage factors shown below:
Slope* of Area Prior to Cut and Fill Operations | Percent of Lot Survey Area to Be Credited to Meet Bulk Regulations for Each Lot |
|---|---|
0% to 15% | 100% |
16% to 25% | 60% |
26% to 35% | 40% |
36% and over | 0% |
* | Note: Degree of slope to be certified by the applicant's licensed engineer, subject to review by the Town Engineer. |
18.33.
Bulk requirements applicable to SN_R-18, SN_R-12, SN_R-8H/R-12H, SN_RG-6, SN_RG-4, SN_RG-A, SN_RG-OA, and SN_R-O Residence Districts. The following bulk requirements shall apply to the SN_R-18, SN_R-12, SN_R-8H/R-12H, SN_RG-6, SN_RG-4, SN_RG-A, SN_RG-OA, SN_R-O and SN_RGLSO Residence Districts.
(1)
Accessory buildings. An accessory building may be located in any required side or rear yard required for the principal building, but shall not occupy more than 30% of the area of such required rear or side yard. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side-lot line or rear-lot line of contiguous lots. No accessory use shall be located closer than 15 feet to any principal use.
(2)
Relation of accessory buildings to streets. No accessory building shall project nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of a garage, the Planning Board may authorize the erection of such garage within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.
(3)
Corner lots. On a corner lot, front yards are required on both street frontages, and one yard other than the front yard shall be deemed to be a rear yard, and the other or others, side yards. The minimum district requirements for each shall be complied with.
(4)
Exceptions to lot depth requirements. The minimum lot depth at any point may be decreased by the Planning Board through site plan review to 75% of the minimum requirement if the average depth conforms to the minimum requirement.
(5)
Exceptions to yard requirements.
(a)
Permitted encroachments. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard.
(b)
Existing setback. No proposed one-family or two-family dwelling need have a front yard greater than the average setback of the two adjacent existing dwellings if they are located within 50 feet on each side of said proposed dwelling, on the same side of the street and within the same block and the same district.
(c)
Steep slopes. Where the presence of steep slopes would produce extraordinary site clearance, blasting, or removal of hillsides to meet yard requirements, the Planning Board may modify any yard requirement, up to 50% for any yard, provided that an equivalent area is provided in other yards on the same lot. In making a determination with respect to this subsection, the Planning Board shall give consideration to the preservation of views from adjoining residences. Where the Planning Board has thus modified the yard requirement, any such yard shall thereafter be deemed to conform to the bulk and area requirements.
18.34.
Protection of right to sunlight. In order to protect access to sunlight for neighboring properties, along the northern-facing lot line of any parcel, for a minimum continuous distance of 25 feet, no structure, fence or building shall be built within 15 feet of the lot line, with any part of it having a height greater than six feet above ground level.
18.35.
Maximum building height applicability. In considering maximum height per Hamlet of South Nyack General Use, Bulk and Parking Regulations, per Figure 1, when considering a front yard setback variance for any structure, allowable roof height to the topmost extremity shall not extend above a line drawn from 5 1/2 feet above the nearest point on the front lot line to a point 30 feet above the required front yard setback. An exception to this limit may be granted only if there is no other feasible alternative and if the balancing of benefits to the applicant if granted, versus benefits to the community if not granted, weigh strongly in favor of the applicant.
 |
18.36.
Swimming pools. The following restrictions and regulations apply to the construction of all swimming pools.
(1)
A private pool structure and deck shall conform to setback regulations.
(2)
A private pool structure and deck shall conform to setback regulations for an accessory building in the district in which it is located. The water container part of the pool structure shall be set back a minimum of 10 feet from all property lines. All other pools shall be set back not less than 20 feet from all property lines. The pool shall be screened from the neighboring property by use of shrubs, trees and other appropriate screening material.
(3)
Each application for site development plan approval to construct or erect a swimming pool, and/or a structure surrounding it, shall be accompanied by plans drawn to scale, large enough and in sufficient detail to show:
(a)
A plot plan of the property on which the pool and/or structure is to be placed, showing location in reference to side lines, rear lines and other buildings on the lot.
(b)
Pool dimensions, including depth.
(c)
Specifications and plans of the structure.
(d)
Wastewater disposal and electrical wiring.
(e)
An estimate of cost of pool and/or structure.
(f)
The location of the fence.
(g)
Whether the pool is for "private" or "other" use.
(h)
Lighting plans, if any.
(i)
A grading plan.
(4)
No swimming pool or related structure shall be constructed or erected unless a building permit has been issued therefor by the Building Inspector.
§ 18.4 Special or conditional permit uses: Hamlet of South Nyack.
18.41.
Private schools; private education campuses; and philanthropic and charitable institutions. The following requirements apply to private schools; private education campuses; and philanthropic and charitable institutions:
(1)
Private schools. Any private school for more than 100 students shall occupy a lot which shall have an area of not less than two acres.
(2)
No building or part thereof shall be erected nearer than 20 feet to any street or property line. Any sports or athletic facility building or part thereof shall not be erected nearer than 150 feet to any street or property line which abuts another use.
(3)
The sum of all areas covered by all principal and accessory buildings shall not exceed 35% of the area of the lot.
(4)
Access, circulation and parking shall be subject to site plan review by the Planning Board in regard to the physical relationship and impact upon adjacent uses.
(5)
Buildings shall be so located on the site as to allow for adequate access for emergency vehicles.
18.42.
Mass transit and public utility rights-of-way and structures. The following requirements apply to mass transit and public utility rights-of-way and structures:
(1)
Only rights-of-way or structures necessary to serve areas within the Hamlet of South Nyack will be permitted.
(2)
In granting a special permit, the Board may impose such conditions as it deems necessary in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
18.43.
Conversion of existing building to multifamily dwellings in SN_R-O or SN_RG- OA Districts. The following requirements shall apply to the conversion of an existing building to a multifamily dwelling in SN_R-O or SN_RG-OA Districts:
(1)
The structure shall be in existence on September 29, 2005. [NOTE: September 29, 2005, is the date that the Village of South Nyack Local Law No. 2 of 2005, Chapter 330, Zoning, was filed with the Secretary of State.]
(2)
The building shall not be enlarged.
(3)
Dwelling units shall not be placed on any floor of a building containing a professional office.
(4)
Dwelling units shall have unobstructed access to the exterior without affecting professional offices.
(5)
Dwelling units shall have a minimum of 300 square feet, and a maximum occupancy of one person per 150 square feet within each dwelling unit.
(6)
All parking shall be in the rear yard.
(7)
Not more than 40% of the rear yard shall be covered with an impervious surface.
18.44.
Agency group home (non-Padavan). The following requirements apply to agency group homes (non-Padavan):
(1)
Said home shall be set up in size, appearance and structure to bear the general character of a family unit in a relatively permanent household. As such, it shall not permit transients or transient living.
(2)
Said home shall conform with and shall be maintained in accordance with the overall character and appearance of the surrounding neighborhood. No sign that advertises the use or occupancy of said home shall be erected.
(3)
Said home shall be provided with an outdoor recreation area, suitably enclosed with a fence or hedge. Said area shall be a minimum of 25 square feet per each occupant of the home and shall not be located nearer than 15 feet to any lot line or street line.
(4)
No home shall be permitted within 3,000 feet of any other similar type home.
(5)
The following information shall be submitted to the reviewing board at the time of the application for the special permit:
(6)
The special permit shall expire immediately upon any change in the nature or type of operation of any approved home.
18.45.
Professional offices or studios. The following requirements apply to professional offices or studios:
(1)
Professional offices or studios include but are not limited to those of an architect, artist, dentist, engineer, lawyer, musician, teacher, therapist or physician.
(2)
Veterinarian's offices shall not be considered a professional office or studio.
(3)
Except in the SN_R-4A, SN_R-O and SN_RG-OA Districts, such office or studio shall be incidental to the residential use of the premises and shall be carried on by a resident therein with not more than two nonresident assistants/associates/employees.
(4)
Except in the SN_R-4A District, such office or studio, wherever located, shall not occupy an area equal to more than 35% of the area of the largest floor of the principal building.
(5)
Studios where dancing, music, or martial arts instruction is offered to groups in excess of four pupils at one time are prohibited.
(6)
Adequate off-street parking and loading shall exist. However, the parking requirements for professional offices or studios shall not apply to the SN_R-4A District due to the large overall lot size in this district that inherently provides adequate off-street parking space for these uses.
(7)
No noise, vibration, smoke, dust, odors, heat, glare or similar nuisance shall be produced which can be perceived at any adjacent street or property.
18.46.
Professional offices in SN_R-O and SN_RG-OA Districts. All requirements of § 18-45 of this article, shall apply to professional offices in SN_R-O and SN_RG-OA Districts, in addition to the following:
(1)
No more than one story or one suite, whichever is less, may be devoted to such use.
(2)
The building shall front on South Broadway.
(3)
Professional offices shall be limited to a floor at the South Broadway level.
(4)
All parking shall be in the rear yard.
(5)
Not more than 80% of the rear yard shall be covered with an impervious surface.
(6)
All vehicular access for properties with frontage on South Broadway shall be from South Broadway.
(7)
There shall be no substantial change in the external appearance of the premises.
(8)
Solid waste receptacles shall be in enclosures not visible from a public street.
18.47.
Private boat or yacht club. Private boat or yacht clubs shall be restricted to properties with a minimum of 300 feet of continuous river frontage.