Pleasantville City Zoning Code
ARTICLE IX
Supplementary Regulations
§ 185-43 Front and side yard requirements pertaining to visibility.
A.
Fences and walls. All front yard requirements are inapplicable to fences or walls not over five feet high, except on corner lots, on which no fence or wall or hedge shall be erected or maintained in such manner as to obstruct clear vision at the corner.
B.
Street intersections. At all street intersections in all zoning districts, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above street level shall be erected or maintained on any lot within the triangular area formed by the nearest edges of street pavement and a straight line drawn between two points each 25 feet back from the theoretical intersection of the edges of such pavement extended. Refer to Appendix I of this chapter for illustration of these requirements.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
C.
Front or side yards of corner lots. On any corner lot on which a front yard exists or is required by this chapter, no wall, fence or other structure shall be erected or maintained and no hedge, tree, shrub, planting or other growth shall be maintained or permitted in such front yard or in any side yard which shall cause danger to traffic by obstructing the view of motorists at or approaching such corner. The Building Inspector shall determine whether any wall, fence or other structure, hedge, tree, shrub, planting or other growth shall obstruct the view of motorists at or approaching any corner, and, in making such determination, the Building Inspector shall take into consideration the fact that any motorist approaching such corner should have visible to him or her vehicular traffic approaching on the street which intersects the street on which the motorist is traveling sufficiently in advance to permit such motorist to avoid collision. The erection or maintenance of any wall, fence or other structure and any hedge, tree, shrub, planting or other growth which shall obstruct such visibility shall be a violation of this subsection. The provisions of this subsection shall not apply to a corner at which traffic is controlled 24 hours per day by traffic control signals.
§ 185-44 Supplemental zoning provisions regarding Affordable Affirmatively Furthering Fair Housing (AAFFH) units.
[Added 5-7-2012 by L.L. No. 3-2012; amended 5-23-2016 by L.L. No. 2-2016; 4-29-2024 by L.L. No. 1-2025]
A.
Required AAFFH unit component. Within all multifamily residential developments of 10 or more units created by subdivision or site plan approval, no less than 10% of the total number of units must be created as AAFFH units. No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for AAFFH units created under this section. All such AAFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
B.
Maximum rent and sales price. The maximum monthly rent for an AAFFH unit and the gross sales price for an AAFFH unit shall be established in accordance with United States Department of Housing and Urban Development (HUD) guidelines as published in the current edition of the "Westchester County Area Median Income (AMI) Sales and Rent Limits," available from the County of Westchester. As defined by this chapter, an AAFFH for-purchase unit shall be affordable to a household whose income does not exceed 80% of the AMI for Westchester as defined annually by HUD and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% of AMI, adjusted for family size; and an AAFFH rental unit shall be affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant paid utilities, does not exceed 30% of 60% of AMI adjusted for family size.
C.
Time period of affordability. Units designated as AAFFH units must remain affordable for a minimum of 50 years from the date of the initial certificate of occupancy for rental properties and from date of original sale for ownership units.
D.
Property restriction. A property containing any AAFFH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to Municipal Counsel which shall ensure that the AAFFH unit shall remain subject to affordable regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the AAFFH unit prior to the issuance of a certificate of occupancy for the development.
E.
Unit appearance and integration within multifamily developments. Within multifamily developments, the AAFFH units shall be physically integrated into the design of the development and shall be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development. The AAFFH units shall not be substantially distinguishable from the market-rate units from the outside or building exteriors. Exterior finishes shall be of equal quality across all units. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AAFFH units.
F.
Minimum floor area and occupancy standards. The minimum gross floor area and occupancy standards per affordable AAFFH unit shall be determined and established by, and in accordance with, the New York State Building Code in effect.
G.
Affirmative marketing; administrative and monitoring agency.
(1)
The AAFFH units created under the provisions of this section shall be sold or rented, and resold and rerented during the required period of affordability, to only qualifying income-eligible households. Such income-eligible households shall be solicited by the seller or lessor in accordance with the requirements, policies and protocols established by the County of Westchester to ensure outreach to racially and ethnically diverse households.
(2)
A governmental office or department or local not-for-profit agency will be designated by the Village to administer and monitor the requirements of this chapter. The designated office, department, or agency will be responsible for monitoring the AAFFH units during the units' period of affordability in accordance with the requirements, policies and protocols established by the County of Westchester. The designated office, department, or agency will also be responsible for monitoring compliance with the affirmative marketing requirements, policies and protocols during the AAFFH units' period of affordability as set forth in § 185-44C of this chapter. As necessary, monitoring fees shall be established by resolution of the Village Board of Trustees.
H.
Resale requirements. In the case of owner-occupied AAFFH units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this section, or the sum of:
(1)
The net purchase price (i.e., gross sales price minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between the month that was two months earlier than the date on which the seller acquired the unit, and the month that is two months earlier than the month in which the seller contracts to sell the unit. If the United States Bureau of Labor Statistics stops publishing this Index, and fails to designate a successor index, the Village will designate a substitute index; and
(2)
The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight-line basis over a fifteen-year period from the date of completion, and such approval shall be requested for said major capital improvement no later than the time the seller of the unit desires to include it in the resale price. Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.
I.
Lease renewal requirements. Applicants for rental AAFFH units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law. If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident shall pay the greater of:
(1)
The rent amount payable under the provisions of this section; or
(2)
Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in that development for units with the same number of bedrooms for a term of not more than one year.
J.
Expedited project review process. Preapplication meeting: The applicant for a development including AAFFH units shall be encouraged to attend at least one preapplication meeting at which representatives expected to play a role in the review and approval of the development application and construction will be in attendance. The purpose of the preapplication meeting will be to expedite the development application review process through:
§ 185-45 Retail sale of marijuana and marijuana products.
[Added 2-25-2019 by L.L. No. 1-2019]
A.
No building, structure, or premises approved or used as a medical marijuana dispensary pursuant to Article 33 of the New York Public Health Law may be used as a marijuana retail store.
B.
No building, structure, or premises within any zoning district in the Village of Pleasantville may be used for the sale, distribution, or offer for consumption of marijuana or marijuana products in a retail setting or environment for nonmedical use. This prohibition applies regardless of whether products in addition to marijuana products are offered for sale, distribution or consumption at the building, structure or premises and regardless of the amount of such products in comparison to other products offered for sale.
§ 185-46 Nonconforming buildings and uses.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter:
A.
Except as provided in Subsection D herein, any type of nonconforming use of buildings or open land may be continued indefinitely, but:
(1)
Shall not be enlarged, extended or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of the zoning provision that created the nonconforming use, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Shall not be extended to occupy any part of a building or structure which was not manifestly arranged or designed for such use on the effective date of the zoning provision that created the nonconforming use.
(3)
Shall not be changed to another nonconforming use.
(4)
Shall not be reestablished if such use has been discontinued for any reason for a period of one year or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
B.
Prohibitions. Except as provided in Subsection C herein, no building which houses a nonconforming use shall be:
(1)
Enlarged.
(2)
Moved to another location where such use would be nonconforming.
(3)
Restored for other than a conforming use after damage, from any cause, exceeding 50% of the replacement cost of such building, exclusive of foundations, as determined by the Village Assessor. Any such building damaged to a lesser extent may be restored but not enlarged and the nonconforming use reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of the building.
C.
Exceptions.
(1)
In an R-PO District, any building housing a nonconforming use which has been damaged by fire or any other cause to an extent exceeding 50% of the replacement cost of such building, exclusive of any foundations, as determined by the Village Assessor, may be restored or rebuilt and used for the identical purpose to which it was put prior to such damage, provided that the original architectural style and character of the building and its relationship to neighboring properties is substantially reproduced, in the judgment of the Board of Architectural Review. To achieve substantial reproduction, a building shall be constructed in the same location on the site, shall be of the same height, width and length and shall have the same mass and include the same architectural features as the original building. These architectural features shall include, but not be limited to, the size, shape and style of all openings in the facade, including windows and doors and the style and pitch of the roofline. The exterior of the building shall be composed of materials that are visually identical to the materials of the former building. In all respects, the architectural features of the building which previously existed shall be substantially reproduced in the newly constructed building. It shall be the responsibility of the applicant to fully document the conditions of the building and site which existed prior to such damage and to submit such evidence to the Building Inspector at the time that application is made for site plan approval or a building permit in order to verify that such new construction is a substantial reproduction of that which previously existed.
(2)
Any structure (other than a sign), the use of which is in conformity with the use regulations set forth in this chapter but which structure does not comply with one or more of the requirements herein other than the use requirements, may be altered or enlarged and, if damaged or destroyed, may be restored, so long as the degree of nonconformity of the building is not increased. For the purpose of applying the preceding sentence, if a building is used for residential purposes, it shall be deemed to conform as to use with the regulations for any residence district. However, such building shall not be altered, enlarged or restored so as to increase the degree of building noncompliance thereof and the number of dwelling units in such building shall not be increased unless the increase in dwelling units is permitted by the district regulations.
[Amended 9-25-2017 by L.L. No. 4-2017]
D.
Required modification of nonconforming and noncomplying buildings and uses. Each of the nonconforming uses and noncomplying features of an otherwise conforming use specified is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to affect the value of other property and uses permitted in the district and the proper and orderly development and general welfare of such district and the Village to a point requiring that each of such nonconforming uses and noncomplying features be modified to the extent possible within a specified period of time as set forth below:
(1)
In any residence district, any nonconforming use of open land for business or commercial purposes, other than a nonconforming agricultural use, regardless of the presence of any buildings thereon, may be continued, as is, for one year after the enactment of the zoning provision that created the nonconforming use, during which one-year period the owner shall apply for a special permit pursuant to § 185-56 of this chapter. On or before the expiration of said one-year period, such nonconforming use shall be modified in accordance with such reasonable conditions as shall be designed to minimize any detrimental effect that such open use may have on adjoining or nearby residential properties.
(2)
In any district other than a residence district, any use which is noncomplying because it is not located within a building fully enclosed on all sides may be continued for three years after the effective date of the zoning provision that created the noncomplying use, provided that after the expiration of that period such noncomplying use shall be terminated. However, no such use will be required to terminate if within said period it shall be located within a completely enclosed building complying with the requirements of the district in which it is located; or if within said period it shall be surrounded with a solid fence, of material and design acceptable to the Planning Commission, which fence shall be one foot higher than any material stored outdoors, provided that such fence shall be maintained in good condition at all times and shall not be higher than eight feet.
E.
Extension of time. If an application is made at least six months before the expiration of the period prescribed in Subsection D herein for termination or modification of a noncomplying feature and it is found that the period prescribed is unreasonable or inadequate, then an extension of the period prescribed may be granted, as shall be reasonable and adequate, provided that no such extension shall exceed 100% of the period prescribed, except that an extension may be granted on further application.
§ 185-47 Outdoor displays prohibited; exceptions; special permits.
A.
Prohibited displays. Except as specified hereinafter, no open front store or other open front place of business or outdoor vending machine or outdoor display, storage or sales of groceries, foodstuffs, building materials, vehicles, machinery or other substances or products shall be maintained, conducted or used in the Village of Pleasantville, and all businesses, services and processes shall be conducted wholly within completely enclosed buildings.
B.
Exceptions. The provisions of this section shall not apply to the following uses, if such uses are otherwise permitted in a district:
(1)
The sale of automobile fuel, lubricants and accessories at automobile service stations.
(2)
The operation of lumberyards or building supply yards.
(3)
The storage and sale of coal and fuel in duly conducted coal and fuel supply yards.
(4)
Off-street parking of passenger automobiles or trucks not classified as commercial vehicles pursuant to § 185-3 of this chapter.
(5)
Off-street loading.
(6)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(7)
Horticultural nurseries.
(9)
The safe and orderly display of merchandise on private property adjacent to sidewalks, as approved by the Building Inspector, at those storefronts with unique architectural features. Permit is renewable every 12 months and subject to annual approval by the Building Inspector.
[Added 8-25-2003 by L.L. No. 8-2003]
C.
Special permits. In appropriate cases and in accordance with the requirements set forth in § 185-56 of this chapter, a special permit may be issued permitting any open use otherwise prohibited under the terms of this section to be permitted in a Peripheral Business B District, Peripheral Business B-1 District or Planned Light Manufacturing M-1 District and outdoor vending machines in a Central Business A-1 District, provided that under no circumstances shall a vending machine be permitted to be placed on a public sidewalk or in any location where the use of said machine by motorists would create a traffic hazard or impediment to the free flow of traffic on any street.
§ 185-48 Miscellaneous regulations.
A.
Location of accessory buildings.
(1)
Notwithstanding any other provisions of this chapter to the contrary, no accessory building shall project nearer to the street line than the principal building located on the same lot. In the event that, due to topographic conditions, practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Commission may authorize the issuance of a special permit for the erection of such garages within not less than 20 feet of the street line where the natural slope of the ground within 25 feet of the street line is between 12% and 20% and within not less than 10 feet of the street line where such slope within 25 feet of said line exceeds 20%.
(2)
However, in no case, notwithstanding the foregoing provisions, shall a garage or accessory building be permitted to be located closer than 20 feet to the street line of a county road or state highway.
B.
Noxious or offensive uses prohibited. Whether or not listed in this chapter as a permitted use, any use that is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, gas, fumes, glare or radiation or which presents any hazard to the public health or safety shall be prohibited. Except as otherwise authorized or permitted by applicable federal or state law, the storage and maintenance of biological materials, hazardous materials and/or toxic substances regulated by the U.S. Environmental Protection Agency shall be prohibited.
[Amended 8-23-2004 by L.L. No. 9-2004]
C.
Landscaping requirements.
(1)
For all uses other than one-, two- or three-family dwellings, the entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. Where lot lines coincide with or are located within residence district boundaries, there shall be planted along such lines evergreen trees of such type and spacing as shall be approved by the Planning Commission, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence districts. All landscaping shall be properly maintained throughout the life of any use on any lot. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purpose. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission or as otherwise required in accordance with the provisions of § 185-43 of this chapter.
(2)
A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission.
D.
Projection of cornices, chimneys and other ornamental features.
(1)
Cornices, chimneys (not including the fireplace/firebox), eaves, gutters or cantilevered roofs may project not more than two feet and belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street or four feet of a property line. All other structures shall comply with the requirements of this chapter and the rules and regulations of the Village of Pleasantville.
[Amended 9-25-2017 by L.L. No. 4-2017]
E.
Boarders or roomers. In a dwelling that houses one family as defined in § 185-3 of this chapter, not more than two nontransient boarders or roomers shall be permitted, provided that the following conditions are met:
(1)
The applicant property owner shall reside continuously and on a full-time basis in the premises for which permission is sought to house boarders or roomers, and said applicant shall have resided in said premises for at least 24 consecutive months immediately preceding the date of the application.
(2)
Each sleeping room utilized by a single boarder shall have not less than 100 square feet of floor area, exclusive of closet space, in any such room, and each sleeping room utilized by two boarders shall have not less than 120 square feet of floor area, exclusive of closet space in any such room.
(3)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter. Such off-street parking shall be permitted only in an existing driveway or garage, and no such off-street parking shall be permitted elsewhere in any front, side or rear yard. Boarders and/or roomers shall be permitted to keep on the subject premises only regular passenger automobiles or motorcycles.
(4)
Food storage and microwave ovens are permitted after issuance of a permit by the Building Inspector.
(5)
A permit to house said boarders or roomers is to be obtained from the Building Inspector by the property owner. The permit to house said boarders or roomers may be issued by the Building Inspector only after the subject application is reviewed and approved by him or her, and such review shall include but not be limited to a physical inspection of the property to ascertain the adequacy of the structure to accommodate such use and adequacy of the site to provide appropriate off-street parking facilities. Such permit shall be valid for a period of not more than one year.
(a)
Every application for such a permit shall be made on forms provided by the Building Inspector, as may be prescribed from time to time. If a permit is denied, the Building Inspector shall state, in writing, the reason for such denial. A property owner may appeal a decision of the Building Inspector to the Board of Appeals.
(b)
Every application for a permit to house boarders or roomers shall be accompanied by a fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time. The Village Administrator shall establish all rules and regulations necessary to administer the provisions of this subsection, subject to approval by the Village Board of Trustees. A record of all such permits shall be kept in the office of the Building Inspector. There shall be a limitation on the issuance of said permits so that not more than 100 permits are in existence during any calendar year.
(c)
Any property owner who shall violate any provision of this subsection or who shall violate any other regulation made under authority conferred thereby or who shall knowingly assist therein shall be subject to the revocation of said permit by the Building Inspector. Prior to the revocation of any license, the Building Inspector shall, upon at least three days' notice, cause to be mailed, to the holder of the permit, a notice stating the time and place of hearing to be held before the Village Board of Trustees concerning the revocation, at which time the permittee shall be given an opportunity to be heard and introduce the testimony of witnesses. The permittee shall be given an opportunity to prove by competent evidence that the permittee (if a corporation, the holders of the majority of its capital stock) and the premises both are in full compliance with this subsection and the rules and regulations of the Village of Pleasantville. Whenever any person to whom a permit has been granted under the provisions of this subsection shall be convicted of violating any of the provisions thereof, such conviction shall be prima facie evidence of facts sufficient to warrant revocation of the permit held by such person. If, after such hearing, the Village Board of Trustees shall find from a preponderance of the evidence that the permittee and the premises both are in full compliance with this subsection and the rules and regulations of the Village of Pleasantville, it shall not revoke the permit. If, after such hearing, the Village Board of Trustees shall find from a preponderance of the evidence that the permittee and the premises both are not in full compliance with this subsection and the rules and regulations of the Village of Pleasantville, the permit shall be revoked. The action of the Village Board of Trustees relative to such revocation shall be final. Upon the revocation of a permit for premises hereunder, it shall be unlawful to use or occupy any portion of said premises to house boarders or roomers. In addition to the foregoing, the procedures and penalties set forth in § 185-60 of this chapter shall be applicable and may be invoked, and the Village shall have such other remedies for any violation or threatened violation of this subsection as now or hereafter may be provided by law.
(d)
A false statement made in the application for a permit to house boarders or roomers shall be punishable as a Class A misdemeanor pursuant to § 210.45 of the Penal Law of the State of New York.
F.
Municipal and governmental uses of land. All municipal and governmental uses of land and/or buildings by the Village, including but not limited to public parking areas and by a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville, are hereby permitted in each and every zoning district enumerated in § 185-4 of this chapter.
§ 185-49 Excavations and landfill.
A.
Excavation; removal of topsoil. It is hereby prohibited and it shall be unlawful and illegal for any owner or his or her legal representative, agent, lessee or other person, firm, association or corporation having an interest, whether vested or contingent, in any land or lands in the Village of Pleasantville to excavate upon or remove sand, earth, gravel or topsoil therefrom or to permit such excavation or removal; except that if a building is in the course of construction or alteration and a permit for such construction or alteration has been duly obtained in accordance with the New York State Uniform Fire Prevention and Building Code and this subsection, such earth, sand, gravel or topsoil, as may be necessarily excavated or moved for such construction or alteration, may be removed from such premises and sold or otherwise disposed of.
B.
Deposit of fill. No person shall deposit fill consisting of any materials on or in land located in the Village, unless a permit has been granted by the Building Inspector pursuant to the requirements of this section or unless such dumping or filling is expressly permitted by this section.
(1)
Exceptions. The following types of excavations and filling require no approval of the Building Inspector:
(a)
Deposit of topsoil not in excess of six inches in depth following the natural contours of the land, which topsoil shall be promptly rolled and seeded with grass seed, plantings or vegetation ground covering appropriate for such area.
(b)
Deposit of gravel, rocks not exceeding two feet in diameter and soil in existing holes on such land when such holes of excavations do not exceed two feet zero inches in depth.
(c)
Backfilling excavations against foundation walls of buildings and layout of a base course for driveways or sidewalks where such base course does not exceed the normal and customary base course, as referenced in the New York State Uniform Fire Prevention and Building Code, generally used for such purposes, provided that the Building Inspector is given prior notice of the date and place of such action.
(d)
Excavation of graves.
(2)
Any owner of land within the Village or any person desiring to deposit fill or other materials upon land within the Village must obtain a permit from the Building Inspector prior to commencing of each deposit unless no approval is required pursuant to Subsection B(1) hereof.
(3)
The applicant shall submit to the Building Inspector the following documents which will accompany the application for a permit and shall pay a fee for processing such application as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
(a)
A statement establishing the purpose and necessity for the proposed deposit and filling.
(b)
A topographical map, with contour intervals no greater than two feet apart in height, showing the present grade of the parcel of land which is the subject of such application.
(c)
A topographical map, with contour intervals of two feet or less, showing the proposed final grade of such parcel of land after the material is deposited upon the land.
(d)
A warranty by the applicant that a layer of topsoil no less than three inches in depth will be deposited upon the filled area and that such topsoil will be promptly rolled and seeded with a type of grass seed, plantings or vegetation ground covering appropriate for such area.
(e)
A warranty by the applicant that such filling shall be completed as promptly as possible. The Building Inspector may, in any event, fix a date for such completion, and after such date, the permit shall no longer be valid, unless the applicant requests, in writing, an extension of time and it is agreed to by the Building Inspector.
(f)
A brief statement by the applicant describing any streams, brooks or other watercourses which flow through the subject property or through abutting properties.
(g)
Such other information as the Building Inspector may reasonably request in order to render an informed decision.
(4)
Procedure.
(a)
Promptly upon receiving such application, the Building Inspector shall notify, in writing, the abutting landowners to the property which is the subject of the application. Such notice shall indicate the proposed action to be taken in general terms and inform such abutting landowners that the application, maps and other documents pertaining to the application may be inspected at the offices of the Building Inspector during normal business hours. Such notice shall also set forth the date by which comments or objections may be filed, in writing, with the Building Inspector.
(b)
The Building Inspector shall take into consideration all applicable laws and regulations of the Village of Pleasantville and other governmental units, comments or objections filed by persons other than the applicant, documents filed by the applicant and information obtained through visitations in determining whether or not to issue a permit.
(c)
Provided that all other provisions of this section and other applicable laws and regulations of the Village of Pleasantville and other governmental units, including but not limited to laws and regulations of Westchester County, its agencies and authorities, are adhered to, the Building Inspector may grant a permit for the deposit of materials on land located within the Village. Such application shall not be granted prior to the 15th day after the filing by the applicant is complete or the 10th day after notice to all abutting landowners has been mailed, whichever shall last occur. Any decision by the Building Inspector to grant or deny a permit shall be in writing and the basis for such decision shall be set forth in such writing.
(5)
Material restrictions. No person shall deposit material on any land located within the Village, and no permit shall be granted for deposit of any material on land within the Village, other than gravel of a diameter no greater than two inches, mixtures of soil and not more than 20% of clay mixed to a fairly uniform consistency and soil in a condition as naturally found in the area and stones of a diameter no greater than two feet zero inches, provided that, when stones are deposited upon such land, they shall be spaced at such intervals as to allow the filling of all crevices between and around such rocks with natural soil.
(6)
Prohibited material. No owner, lessee, contractor, tenant or other person shall deposit fill consisting of, but not limited to, garbage, refuse, rubbish, litter, waste, automobiles, machinery or auto parts and construction debris, i.e., wood, insulation, cans, sheetrock, tar paper, shingles, siding or any decomposable material.
(7)
Revocation of permit. The Building Inspector may revoke any such permit for violation of this section or other applicable laws or regulations, provided that the Building Inspector first notifies the permittee, in writing, of the violation and such violation is not corrected within 15 days of mailing of such notice.
(8)
Completion of work by Village. If this section is violated by any person granted a permit hereunder, the Village Board of Trustees may cause the Village of Pleasantville to complete the filling, grading and seeding once commenced by the applicant, all at the cost of applicant, which shall constitute a lien upon the premises and may be assessed and collected with the regular Villages taxes.
§ 185-49.1 Floor area ratio (FAR) controls.
[Added 6-14-2021 by L.L. No. 5-2021]
A.
The maximum allowable FAR for lots in the R-1, R, RR, and RRR One-Family Districts shall be determined by the following Residential FAR (Floor Area Ratio) Schedule set forth below. To determine the maximum gross floor area permitted for an individual dwelling, the actual lot size shall be multiplied by the FAR listed in, or computed in accordance with, the schedule for the appropriate lot size category. Any individual lot smaller than 7,500 square feet shall not be subject to FAR controls.
Residential FAR (Floor Area Ratio) Schedule | ||
|---|---|---|
Lot Size | Maximum FAR | Maximum Gross Floor Area (square feet) |
7,000 | 0.48 | 3,360 |
8,000 | 0.46 | 3,680 |
9,000 | 0.44 | 3,960 |
10,000 | 0.42 | 4,200 |
11,000 | .040 | 4,400 |
12,000 | 0.38 | 4,560 |
13,000 | 0.36 | 4,680 |
14,000 | 0.34 | 4,760 |
15,000 | 0.32 | 4,800 |
16,000 | 0.31 | 4,960 |
17,000 | 0.30 | 5,100 |
18,000 | 0.29 | 5,220 |
19,000 | 0.28 | 5,320 |
20,000 | 0.27 | 5,400 |
21,000 | 0.26 | 5,460 |
22,000 or more | 0.25 | 5,500 |
B.
Each lot size range represents one to 999 square feet. FAR must be interpolated for any values that fall between the lot sizes indicated. For example, a lot of 12,500 square feet would have a FAR of 0.37.