Pleasantville City Zoning Code
ARTICLE III
Office Districts
§ 185-16 Residence-Professional Office R-PO District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other.
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Two-family dwelling.
(3)
Three-family dwelling.
(4)
Multiple dwellings having four to six dwellings. In addition to all bulk and off-parking requirements set forth in Schedule III and Schedule VII of § 185-36 of this chapter and Subsection D herein, the following requirements shall be met:
(a)
Usable open space. There shall be provided at least 400 square feet of usable open space for each dwelling unit on the lot.
(b)
Size of building. The length or width of any building shall not exceed 75 feet.
(5)
Professional offices located in buildings of which at least 80% of the gross floor area was in existence on the effective date of this provision.
(6)
Professional offices in combination with residences located in buildings which were constructed after the effective date of this provision, provided that the following requirements are met:
(a)
The amount of floor area devoted to office use as a percentage of the gross floor area of the building in which it is located shall not exceed 50%.
(b)
The office use shall not be located above the first floor of the building.
(c)
A separate exterior entrance shall be provided to such office without going through the residential part of the building.
(7)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(8)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residence for clergy and parish or community house which are maintained and operated by and form an adjunct of any church or other religious organization. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no principal building shall be closer than 30 feet to any side or rear lot line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the permitted building coverage shall not exceed 40%.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between them and all adjoining and neighboring properties; the design of such screening shall be subject to approval by the Planning Commission.
(9)
Public schools, provided that such use shall be subject to the same supplementary requirements as described in Subsection A(8) hereof.
(10)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(11)
For detailed bulk and off-street parking and loading requirements, see Schedule III and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Off-street parking, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(5)
Incidental research, design and development laboratories within principal buildings.
(6)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(7)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(8)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder, provided that such use shall be subject to the same supplementary requirements as described in Subsection A(8) herein.
(5)
Assisted-living residence, subject to the following requirements:
(a)
Use and density standards.
[1]
Location. An assisted-living residence may be established on a lot containing a minimum area of 1/2 acre, provided that the proposed site is located within safe and convenient walking distance of retail and personal service establishments and other community facilities and services. The proposed site shall also be located near a bus stop or train station which is accessible to elderly pedestrians, from which frequent daily public transportation service to such establishments, facilities and services is provided, or, in the alternative, the operator of an assisted-living residence shall be required to provide private transportation service for the residents thereof to such establishments, facilities and services.
[2]
Ownership. The entire site upon which an assisted-living residence is proposed shall be maintained in single ownership for as long as such use exists.
[3]
Required features, amenities and services. An assisted-living residence shall include the following:
[a]
Individual residential units containing living/sleeping area(s) and a private full bathroom containing a bathtub, subject to the following restrictions:
[i]
No more than 20% of the proposed residential units may be one-bedroom units or two-bedroom units.
[ii]
Notwithstanding the minimum gross aggregate floor area requirement for multifamily dwelling units as specified in Schedule III of § 185-36B of this chapter, efficiency units shall contain not less than 200 square feet in floor area and not more than 300 square feet in floor area. One-bedroom units shall contain not less than 300 square feet in floor area and not more than 400 square feet in floor area. Two-bedroom units shall contain not less than 400 square feet in floor area and not more than 500 square feet in floor area. Floor area shall be measured from the interior faces of all walls.
[iii]
At least 10% of the total number of residential units shall be designed so as to be fully accessible to handicapped residents.
[b]
Living area(s) for the common use of the residents, adequate in location, number, size, variety and amenities to satisfactorily serve the needs of such residents. Such living areas may include but not be limited to living rooms, TV rooms, libraries, music rooms, activity rooms and multipurpose rooms.
[c]
Dining area(s) for the common use of the residents, adequate in location, number, size and amenities to satisfactorily serve the needs of such residents, and in which at least the main meal of the day shall be served to all residents on a daily basis.
[d]
Central kitchen adjacent to and from which food service is provided to the common dining room(s).
[e]
Indoor and outdoor recreational areas for the common use of the residents.
[f]
Lavatory facilities located near the common room(s) for the use of residents and guests.
[g]
Laundry facilities for the residents' personal use.
[h]
Linen and housekeeping services.
[i]
Personal-care services that need not be provided by licensed personnel, such as but not limited to assistance with eating, ambulation and general supervision.
[j]
Twenty-four-hour occupancy by on-site responsible staff person.
[4]
Optional features, amenities and services. An assisted-living residence may include the following:
[a]
A central kitchen on each floor of the building for the residents' personal use, provided that adequate safety features are included in the design of such facility.
[b]
Kitchenettes in individual residential units, provided that adequate safety features are included in the design of such facilities; and further provided that, as contained herein, a kitchenette shall permit microwave ovens for cooking purposes but shall prohibit gas stoves, hot plates or any other device that maintains an open flame or exposed heated surface capable of creating a potential fire hazard.
[c]
Sleeping accommodations for overnight guests.
[5]
Density. The maximum permitted density on a lot containing an assisted-living residence shall be based on the following site area requirements:
[a]
For each efficiency unit: 1,250 square feet of lot area.
[b]
For each one-bedroom unit or two-bedroom unit: 1,500 square feet of lot area.
[6]
Occupancy. The occupancy of residential units located in an assisted-living residence shall be restricted as follows:
[a]
No more than 5% of the proposed residential units may be occupied by resident staff, such as a manager (individual or couple). Such resident staff may be less than 62 years of age.
[b]
No more than 10% of the proposed residential units may be used for overnight guest accommodations by persons of any age visiting the residents of the assisted-living residence. The guest units shall be efficiency units. The overnight continuous occupancy of such residential unit(s) by the same guest shall not exceed a total duration of 14 days in any 90-day period.
[c]
Each efficiency unit shall be occupied by no more than one person. Each one-bedroom unit or two-bedroom unit shall be occupied by no more than two persons.
[d]
At least 5% of the proposed residential units, excluding all units occupied by resident staff, shall be designated affordable units and shall be occupied by persons of limited income as defined and further regulated in Subsection C(5)(c) herein. Such units shall be physically integrated into the design of the assisted-living residence in a manner satisfactory to the Planning Commission and shall be distributed among efficiency, one-bedroom and two-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Planning Commission as being better related to the housing needs, current or projected, of the Village of Pleasantville. In order to provide increased housing opportunities for the elderly population of the Village of Pleasantville, many of whom live on limited incomes, every effort shall be made by the applicant, working cooperatively with Village, town, county, state and federal agencies as well as semipublic or private organizations, to further increase the percentage of affordable units in the assisted-living residence.
[7]
Management. For any assisted-living residence, there shall be adequate management, maintenance and supervision provided by the operator thereof.
(b)
Site and structure requirements.
[1]
Bulk requirements. The requirements for minimum frontage, minimum lot width, minimum lot depth, minimum front yard, minimum side yard, minimum rear yard, maximum height, maximum building coverage, maximum development coverage and maximum floor area ratio shall be the same as specified in § 185-36B of this chapter for multifamily development.
[2]
Off-street parking. Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter. Where the Planning Commission determines that the use of the site may not require the full improvement of all required off-street parking spaces, the Planning Commission may waive the actual improvement of a portion of such spaces, provided that the total number of required spaces is shown on an approved site plan, provided that the total number of improved spaces is not less than a minimum of two off-street parking spaces for every three residential units, plus one off-street parking space for each employee on duty during the main work shift; and further provided that acceptable guaranties, in form satisfactory to the Planning Commission and Village Counsel, are given for the actual construction of any such unimproved spaces within six months of the date of approval of any subsequent application for special permit renewal if the improvement of such spaces is deemed necessary by the Planning Commission at that time. Ten percent of the total number of required and improved parking spaces shall be designated handicapped spaces, which shall be suitably located so as to provide convenient access by the shortest walking distance to the building entrances. Notwithstanding the provisions of § 185-38 of this chapter, the use of compact car spaces shall be prohibited. Notwithstanding the provisions of Subsection D herein, off-street parking may be located in a required yard along any property line that abuts the Central Business A-1 District.
[3]
Access and on-site circulation. Reasonable traffic circulation shall exist to and from the site, taking into consideration the characteristics of the existing street and accessibility of the site and building(s) thereon for emergency service vehicles. All vehicular driveways shall be designed to serve their intended function and the anticipated volume of traffic generated by the development. Adequate provision shall be made for the off-street loading and unloading requirements of delivery vehicles if determined by the Planning Commission to be necessary in the particular circumstances. Vehicular driveways shall be separated from pedestrian walkways.
[4]
Usable open space. There shall be provided at least 300 square feet of usable open space for each residential unit on the lot, which shall be appropriate in location, size and design to the type of development and to the residents thereof. Within such usable open space, there shall be provided landscaped walkways with benches, flower gardens, patios and other appropriate facilities designed to accommodate a variety of outdoor recreational activities suited to the needs, abilities and preferences of the residents.
[5]
Utilities. Central water supply and sewerage facilities shall be provided to the site.
[6]
Refuse collection and storage. Adequate provision shall be made for collecting and storing refuse between collections. Any outdoor storage shall be in centralized containers of adequate capacity to prevent overflow and designed to prevent rodent infestation. Screening of such garbage storage areas shall be provided.
(c)
Miscellaneous requirements.
[1]
Market rate units; resident selection standards. At the time of initial occupancy of the assisted-living residence and when vacancies subsequently become available, occupancy in market rate units in such residence shall be offered on a priority basis to existing residents of the Village of Pleasantville, and such residents shall be given a reasonable amount of time in which to accept or decline such offer. The operator thereof shall at all times maintain a waiting list for occupancy in the assisted-living residence. All vacancies in such market rate units shall be filled by first offering occupancy to each Village of Pleasantville resident on such waiting list in sequential order until no names of interested Village of Pleasantville residents remain on such list, after which time occupancy in such market rate units may be offered to all other persons on a first-come, first-served basis. If a Pleasantville resident declines the first invitation for occupancy in a market rate unit in the assisted-living residence, such individual shall, nonetheless, if he or she so desires, remain on the waiting list for market rate units in the original numerical order and shall be again offered occupancy in a market rate unit in such residence on a priority basis when the next vacancy of such a unit becomes available. If a Pleasantville resident declines a second invitation for occupancy in a market rate unit in the assisted-living residence, such individual may, if he or she so desires, remain on the waiting list but shall be moved to the last position on such list, as it is then identified.
[2]
Affordable units. The residential units that are required to be reserved for occupancy by persons of limited income, as set forth in Subsection C(5)(a)[6][d] herein, shall be subject to the following restrictions:
[a]
Resident selection standards. At the time of initial occupancy of the assisted-living residence and when vacancies subsequently become available in affordable units, occupancy in such units in such residence shall be first offered on a priority basis to existing residents of the Village of Pleasantville. The priority listing shall be further prioritized such that the order of all eligible residents of the Village of Pleasantville, as specified in Subsection C(5)(c) herein, shall be listed sequentially beginning with the person with the lowest aggregate annual income and moving progressively down the list, based upon increases in aggregate annual income. A second list, utilizing the same structure as described immediately above, shall be created and maintained for all eligible nonresidents of the Village of Pleasantville who wish to reside in one of the affordable units of such residence. The operator thereof shall at all times maintain such waiting lists for occupancy in the assisted-living residence. All vacancies in such affordable units shall be filled by first offering occupancy to each Village of Pleasantville resident on such waiting list in sequential order until no names of interested Village of Pleasantville residents remain on such list, after which time occupancy in such affordable units shall be filled by then offering occupancy to each nonresident of the Village of Pleasantville on such waiting list in sequential order until no names of interested nonresidents of the Village of Pleasantville remain on such list.
[b]
Income eligibility.
[i]
To be eligible for occupancy in an affordable unit, the aggregate annual income of the person(s) proposed to reside in such unit shall not exceed the following multiples of the median annual Village-paid wages of all full-time employees of the Village of Pleasantville for the last full calendar year preceding the year in which the unit is rented:
Proposed Unit Occupancy | Multiple |
|---|---|
One person | 0.9 |
Two persons | 1.1 |
[ii]
As used herein, aggregate annual income shall include the total of all current annual income of all persons proposed to reside in an affordable unit from any source whatsoever at the time of application for occupancy in the assisted-living residence. In the event that an invitation for occupancy in the assisted-living residence is offered to a person whose name is on the waiting list as described in Subsection C(5)(c)[2][a] herein, such individual shall be required to submit updated income data at the time that such invitation is offered.
[c]
Occupancy standards. The following schedule shall apply to affordable units:
Unit Type | Number of Persons Minimum | Maximum |
|---|---|---|
Efficiency | 1 | 1 |
One-bedroom | 1* | 2 |
Two-bedroom | 2 | 2 |
Notes: *Only if an efficiency is not available. Tenants should be transferred to an efficiency when one becomes available and the lease should so provide. |
[d]
Maximum rent. In determining which units qualify as affordable units, the monthly rent for such units, including all utilities (gas, oil, electricity, water and sewer) but excluding meals and housekeeping, linen and transportation services, shall not exceed 3.8% of the income eligibility limits for the maximum number of persons proposed to reside in such unit as set forth in Subsection C(5)(c) herein.
[e]
Continued eligibility.
[i]
Applicants for affordable units shall, if eligible and if selected for occupancy in the assisted-living residence by the operator thereof, sign leases for a term of no more than two years.
[ii]
Provided that a resident remains eligible, as defined in Subsection C(5)(c) herein, and has complied with the terms of the lease, said resident shall be offered a two-year renewal of the lease. If a resident's aggregate annual income should subsequently exceed by more than 20% the income eligibility limits then allowed, as set forth in Subsection C(5)(c)[2][b] herein, and if there is at that time an otherwise eligible applicant, said resident may complete his or her current lease term and shall be offered a market rate dwelling unit in the assisted-living residence at the termination of such lease term, if available. If no such residential unit is available at that time, the resident may be allowed to sign one additional six-month lease for the affordable unit he or she occupies but shall not be offered a renewal of the lease beyond the expiration date of said term.
[f]
Administration.
[i]
The Village Board of Trustees shall serve as or may establish an Affordable Housing Review Board (hereinafter called the "Review Board"), which shall be responsible for the promulgation of such rules and regulations as may be necessary to implement the provisions of this section.
[ii]
At the time of issuance of a certificate of occupancy, the Building Inspector shall send a copy of such certificate to the Review Board, which shall then inform the applicant of the maximum rental charge which may be established for the affordable units in such assisted-living residence and the maximum aggregate annual income for eligibility for occupancy of said units. On or before March 31 of each year thereafter, the Review Board shall notify the operator of the assisted-living residence as to the rent and income eligibility requirements for affordable units based upon the figures derived from the preceding calendar year.
[iii]
The operator of such assisted-living residence shall certify to the Review Board on or before May 31 of each year that the current rental prices of all affordable units comply with the provisions of this section
[g]
Tax assessment. The limited rental income of affordable units shall be taken into consideration by the Village Assessor in determining the full value basis for assessments on such units.
[3]
Revocation of permit. Upon 60 days' notice to the applicant, which notice shall be delivered personally or by certified mail addressed to the applicant's address as shown on the permit application, the Planning Commission may revoke the special permit if it finds that the applicant has not complied with any or all terms of said permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the approved permit. Such applicant shall be entitled to a hearing before the Planning Commission prior to the actual revocation of the permit. If such hearing is requested by the applicant, in writing, within five days of receipt of the notice of intent to revoke the permit, such hearing shall be scheduled by the Planning Commission within 21 days of receipt of the request for such hearing. After the close of the hearing, the Planning Commission may confirm its intent to revoke the permit, modify the permit conditions or rescind its intent to revoke the permit. The Planning Commission shall set forth, in writing, in the file it keeps, its findings and reasons for any action it may take pursuant to this section.
[4]
Duration of approval. Special permits granted pursuant to this section shall be valid for a period of three years from the date the resolution granting approval is filed with the Village Clerk. Such permits shall be renewable upon demonstration by the applicant that the assisted-living residence has been operated in compliance with all conditions and requirements of its permit and of this section and is not, at the time of application for renewal, in violation of any applicable federal, state or municipal law, rule or regulation. Each renewal shall be valid for a period of not less than three years and not more than five years, as deemed appropriate by the Planning Commission, from the date the resolution granting such extension is filed with the Village Clerk.
[5]
Other requirements. In addition to the requirements specified above, the Planning Commission may institute such other special requirements as said Commission may deem appropriate to assure that the purpose and intent of this section, as well as of this chapter as a whole, are met and that the public health, safety and welfare of the residents of the assisted-living residence and the Village's residents as a whole are properly protected.
(6)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
D.
Additional requirements. In addition to all other requirements of this chapter, the following shall apply to all uses other than one-, two- or three-family dwellings:
(1)
Landscaping.
(a)
The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. Along property lines which adjoin adjacent lots there shall be planted 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 the adjoining properties. 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 purposes. 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.
(b)
A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission.
(2)
Ingress and egress. Not more than one point each of vehicular ingress and egress shall be provided for each 200 feet of frontage on each lot. The design and location of the intersection of each driveway with any public street, including the planting and grading of the immediately adjoining land, location of decorative posts or fences and similar elements, shall be subject to approval by the Planning Commission and, if required by law, also by the County or State Department of Public Works.
(3)
Off-street parking requirements.
(a)
Spaces for the parking of passenger automobiles shall be provided in accordance with Schedule VII of § 185-36 of this chapter and shall take place entirely on the lot. Parking, excluding that which occurs in a driveway serving an exclusively residential structure, shall not be permitted in the required front yard or in the area between the street line and a line drawn along the front facade of the principal building (excluding open porches) located nearest the street line. Except as provided hereinafter, parking shall not be permitted nearer than 20 feet to any property line. On lots containing principal buildings which were in existence on the effective date of this provision, the Planning Commission may permit parking areas to be located 10 feet from a side or rear property line, provided that the 10-foot setback is landscaped to serve as a buffer to the satisfaction of the Planning Commission.
(b)
Surface parking areas shall be permanently improved, suitably screened and landscaped as approved by the Planning Commission.
(4)
Distance between buildings. The following minimum distances between buildings located on the same lot shall be observed:
(a)
Between a principal building and a one-story accessory building: 20 feet.
(b)
Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.
(c)
Notwithstanding any other provisions of this chapter and except as provided hereinafter, no building on the lot which is used in whole or in part for residential purposes shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet extending 70° on each side of a line perpendicular to the center of any legal window (other than a legal bathroom or kitchen window) and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an angle of more than 80°. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is part of the same or of another residential building on the same lot. 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.
(5)
Courts.
(a)
Inner courts. An inner court is permitted if the minimum dimension of such court is equal to not less than 1/2 times the average height of all surrounding walls, in the case of nonresidential buildings, and not less than 60 feet, in the case of residential buildings. The height of a wall surrounding an inner court shall be measured from the finished grade at the base thereof to the top of such wall; except that in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. Refer to Appendix I of this chapter for illustration of these requirements.[2]
[2]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(b)
Outer courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width. Refer to Appendix I of this chapter for illustration of these requirements.[3]
[3]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(6)
Exceptions to yard requirements as established in Schedule IV of § 185-36 of this chapter. Except where a side or rear yard abuts a one-family residence district boundary, garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of any wall thereof which faces a side lot line or a rear lot line is not in excess of six feet six inches above the average grade of such lot line.
(7)
Off-street loading requirements. All loading and unloading shall take place entirely on the lot not nearer than 20 feet to any street line or residence district boundary.
(8)
Site illumination. All exterior illumination shall be shielded from the view of all surrounding properties and streets, and all such lighting, other than lighting of roads and buildings essential for safety or security reasons or required by governmental regulations, shall be extinguished not later than 9:00 p.m.
(9)
Uses combined in one building or on one lot. Where uses are combined in one building or on one lot:
(a)
Requirements for parking and loading shall be added together to determine the necessary number of spaces.
(b)
Yard and setback requirements shall be the most restrictive applicable provision.
§ 185-17 Medium-Density Residence/Office RO-2 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other.
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Two-family dwelling.
(3)
Three-family dwelling.
(4)
Attached single-family townhouses in accordance with the following regulations:
(a)
There shall be a minimum parcel of 10,000 square feet.
(b)
The minimum dimensions of a lot upon which a townhouse can be built shall be 16 feet wide and 80 feet deep.
(c)
The maximum number of townhouses per acre shall be 18.
(d)
No more than 10 townhouses may be constructed in a single structure, and no structure may exceed 160 feet in length.
(e)
A minimum side yard of 20 feet shall be required between groups of townhouses or between groups of townhouses and the nearest property line.
(f)
Front and rear yards may be varied by up to 25% upon approval of the Planning Commission in order to increase flexibility in design of the development.
(5)
Multiple dwellings with four or more dwelling units, provided that the entire lot occupied by such development shall be maintained in single ownership throughout its life. In addition to all bulk and off-street parking requirements set forth in Schedule IV and Schedule VII of § 185-36 of this chapter, the following requirements shall be met:
(a)
Usable open space. There shall be provided at least 400 square feet of usable open space for each dwelling unit on the lot. In any lot containing 15 or more dwelling units, such usable open space shall be devoted to improved and landscaped play and sitting areas for the use of the residents of said dwelling units. The design, layout and equipment of such play and sitting area shall be subject to approval by the Planning Commission.
(b)
Size of building. The length or depth of any building shall not exceed 160 feet.
(6)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(7)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residence for clergy and parish or community house which are maintained and operated by and form an adjunct of any church or other religious organization; public or private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no principal building shall be closer than 30 feet to any side or rear lot line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of all areas covered by all principal buildings and accessory buildings shall not exceed 40%.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between them and all adjoining and neighboring properties; the design of such screening shall be subject to approval by the Planning Commission.
(8)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50.
(9)
Business and professional offices.
(10)
For detailed bulk and off-street parking and loading requirements, see Schedule IV and Schedule VII, respectively, of § 185-36 of this chapter.
(11)
Film/video training facilities and offices related to their operation.
[Added 3-28-2005 by L.L. No. 4-2005]
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials, other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Off-street parking, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(5)
Incidental research, design and development laboratories within principal buildings.
(6)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(7)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(8)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
D.
Additional requirements. In addition to all other requirements of this chapter, the requirements of § 185-16D shall apply to all uses, other than one-, two- or three-family dwellings.
§ 185-17.1 Medium-Density Residence/Office RO-3 District.
[Added 10-8-2007 by L.L. No. 7-2007]
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Two-family dwelling.
(3)
Three-family dwelling.
(4)
Business and professional offices, provided that the following provisions shall apply to such uses when established in an existing building:
(a)
Notwithstanding any other provision of this chapter to the contrary, approval of an area variance from the bulk requirements set forth in Schedule IVA of § 185-36 of this chapter shall not be required, provided that such existing building is not enlarged.
(b)
If such existing building is enlarged, approval of an area variance from the bulk requirements set forth in Schedule IVA of § 185-36 of this chapter shall be required to the extent that such enlargement increases the degree of the existing building noncompliance.
(c)
Except as permitted by Subsection A(4)(a) and (b) hereof, compliance with all other applicable provisions of this chapter shall be required.
(5)
Offices in combination with residences, provided that the following requirements are met:
(a)
The office use shall not be located above the first floor of the building.
(b)
A separate exterior entrance shall be provided to such office without going through the residential part of the building.
(c)
Notwithstanding any other provision of this chapter to the contrary, approval of an area variance from the minimum bulk requirements set forth in Schedule IVA of § 185-36 of this chapter shall not be required if such uses are located in an existing building that is not enlarged.
(d)
If such existing building is enlarged, approval of an area variance from the bulk requirements set forth in Schedule IVA of § 185-36 of this chapter shall be required to the extent that such enlargement increases the degree of the existing building noncompliance.
(e)
Except as permitted by Subsection A(5)(c) and (d) hereof, compliance with all other applicable provisions of this chapter shall be required.
(6)
For detailed bulk and off-street parking and loading requirements, see Schedule IVA and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No more than one nonresident associate, assistant or employee shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use shall be permitted.
(l)
No production of materials other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Off-street parking, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory and further provided that the dispatching of commercial vehicle fleets from the subject site on which they are parked shall not be permitted.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 9-25-2017 by L.L. No. 4-2017]
(6)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Retail sales incidental to a warehouse or light manufacturing use located on the same lot and permitted in an adjacent zoning district, provided that the products sold on the premises are stored on or are produced on the same premises and further provided that the retail area is fully contained within an enclosed building and occupies no more than 15% of the gross floor area of the business.
(2)
Restaurants, catering halls and outdoor dining accessory thereto.
[Added 4-25-2011 by L.L. No. 4-2011]
D.
Additional requirements. In addition to all other requirements of this chapter, the following shall apply to all uses:
(1)
Landscaping, fencing and supplementary design guidelines.
(a)
The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All front yards shall be appropriately landscaped with trees, shrubs and lawn. Along property lines adjacent to Marble Avenue, there shall be planted street trees of such type, spacing and location as shall be approved by the Planning Commission of an initial caliper size of not less than 4 1/2 inches diameter at breast height (DBH). Along property lines that adjoin adjacent lots, there shall be planted 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 the adjoining properties. 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 purposes. 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.
(b)
All parking areas visible from Marble Avenue or any other street line shall be screened with evergreen plants, berms and/or opaque fencing to a minimum height of three feet at the time of installation, as measured from the elevation of the parking area closest to the property line or the highest elevation of the parking area on the subject lot, whichever is higher. Notwithstanding any other provision of this chapter to the contrary, compliance with this subsection shall be required for any existing previously approved nonresidential use within three years after the effective date of this provision.
(c)
All areas used for outdoor storage in connection with the operation of a nonresidential use shall be screened with evergreen plants, berms and/or opaque fencing to a minimum height of three feet at the time of installation, as measured from the higher of the elevation of the outdoor storage area closest to the property line or the highest elevation of the outdoor storage area located on the subject lot, so that such storage areas are not visible from Marble Avenue or any other street line. Notwithstanding any other provision of this chapter to the contrary, compliance with this subsection shall be required for any existing previously approved nonresidential use within three years after the effective date of this provision.
(d)
A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission.
(e)
All landscaping shall be properly maintained throughout the life of any use on any lot.
(f)
No chain link fencing shall be permitted in any front yard or along any street line. No barbed wire or razor wire fencing shall be permitted in any location.
(g)
The construction of buildings without fenestration along facades facing street lines shall not be permitted. Not less than 25% of the area of a building facade facing a street line shall be composed of transparent glass doors and/or windows.
(h)
Buildings with flat roofs shall be prohibited. For purposes of this subsection, a flat roof shall be defined as any roof with a pitch of 4-in-12 or less.
(2)
Ingress and egress. Not more than one point each of vehicular ingress and egress shall be provided for each 200 feet of frontage on each lot. Driveways providing access to no more than six off-street parking spaces shall not exceed 12 feet in width. The maximum width of driveways providing access to more than six off-street parking spaces shall be the minimum necessary to accommodate necessary circulation movements as determined by the Planning Commission based upon consideration of the land use(s) being served, the number of off-street parking spaces and the anticipated traffic operations associated with the site. The design and location of the intersection of each driveway with any public street, including the planting and grading of the immediately adjoining land, location of decorative posts or fences and similar elements, shall be subject to approval by the Planning Commission and, if required by law, also by the County or State Department of Public Works.
(3)
Off-street parking requirements.
(a)
Parking shall not be permitted in the required front yard or in any portion of the area between the street line and a line drawn along the front facade of the principal building (excluding open porches) located nearest the street line. Only access driveways to such parking areas shall be permitted in a front yard. Except as provided hereinafter, parking shall not be permitted nearer than 10 feet to any property line. On lots containing principal buildings that were in existence on the effective date of this provision, the Planning Commission may permit parking areas to be located five feet from a side or rear property line, provided that the five-foot setback is landscaped to serve as a buffer to the satisfaction of the Planning Commission.
(b)
Surface parking areas shall be permanently improved, suitably screened and landscaped as approved by the Planning Commission.
E.
Permitted uses to be carried on in fully enclosed buildings. Except as otherwise provided, all permitted uses, whether principal, incidental or accessory and including all storage, shall be carried on in fully enclosed buildings. Such provision shall not apply to parking of registered vehicles or outdoor loading.
F.
Noxious or offensive uses prohibited. Whether or not listed above 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 public health or safety is prohibited.
§ 185-18 Campus-Office C-O District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(2)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for the clergy of such church and parish or community houses which are maintained and operated by and form an adjunct of any church or other religious organization now or hereafter located in the Village; public schools and private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no part of a building having a height in excess of 30 feet shall be erected nearer than 50 feet to any street or property line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between it and all adjoining neighboring residential properties; the design of such screening shall be subject to approval by the Planning Commission.
(3)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50.
(4)
Business and professional offices.
(5)
Offices and facilities devoted to research and development.
(6)
Laboratories for experimentation and research and shops for the fabrication and testing of models and parts to be used in connection with such research.
(7)
Conference and/or corporate training facility.
(8)
For detailed bulk and off-street parking and loading requirements, see Schedule V and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Manufacturing, if such activity is in no way noxious or offensive with regard to odor, dust, vibration, fumes, glare, noise, radiation or waste emissions and will not have an adverse effect on neighboring uses or the public health in general.
(2)
Warehousing use and shipping. If the Planning Commission deems it to be desirable, any accessory use as outlined in Subsection B(1) hereof may be measured as a portion of the entire C-O development. If the overall planned development is subdivided, such accessory use shall be limited to such quantity and location as approved in the site plan for the entire C-O development prior to subdivision.
[Amended 8-23-2004 by L.L. No. 9-2004]
(3)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet, except that no off-street parking shall be closer than 50 feet to any RRR through R-4 Districts.
(4)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(5)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(6)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(7)
Clinics and cafeterias in fully enclosed buildings and recreation facilities for exclusive use of employees and officers of principal uses permitted herein.
(8)
Off-street parking and loading, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(9)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the provisions of the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, outdoor swimming pools and outdoor sports courts, subject to the restrictions of Subsection B(4) herein, sports courts and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Except as otherwise provided, all permitted uses, whether principal, incidental or accessory, including all storage, shall be carried on in fully enclosed buildings. Such provisions shall not apply to parking of registered vehicles, outdoor loading or other service activities.
(3)
Prohibited uses. Whether or not listed above as a permitted use, any use which 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 public health or safety is prohibited.
(4)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
D.
Additional requirements. In addition to all other requirements of this chapter, the following shall apply to all uses in this district:
(1)
Landscaping.
(a)
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 an RRR through R-4 District boundary, 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.
(b)
A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission.
(2)
Ingress and egress. Not more than one point each of vehicular ingress and egress shall be provided for each 200 feet of frontage on each lot. The design and location of the intersection of each driveway with any public street, including the planting and grading of the immediately adjoining land, location of decorative posts or fences and similar elements, shall be subject to approval by the Planning Commission and, if required by law, also by the County or State Department of Public Works.
(3)
Off-street parking requirements. Spaces for the parking of passenger automobiles shall be provided in accordance with Schedule VII of § 185-36 of this chapter and shall take place entirely on the lot not nearer than 20 feet to any street or property line. Surface parking areas shall be permanently improved, suitably screened and landscaped as approved by the Planning Commission.
(4)
Distance between buildings. The following minimum distances between buildings located on the same lot shall be observed:
(a)
Between a principal building and a one-story accessory building: 20 feet.
(b)
Between any two other buildings: A distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.
(5)
Courts.
(a)
Inner courts. An inner court is permitted if the minimum dimension of such court is equal to not less than 1/2 times the average height of all surrounding walls. The height of a wall surrounding an inner court shall be measured from the finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to twelve 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. 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.
(b)
Outer courts. The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width. Refer to Appendix I of this chapter for illustration of these requirements.[2]
[2]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(6)
Off-street loading requirements. All loading and unloading shall take place entirely on the lot not nearer than 50 feet to any street line or residence district boundary.
(7)
Site illumination. All exterior illumination shall be shielded from the view of all RRR through R-4 District properties and streets, and all such lighting, other than lighting of roads and buildings essential for safety or security reasons or required by governmental regulations, shall be extinguished not later than 9:00 p.m.
(8)
Uses combined in one building or on one lot. Where uses are combined in one building or on one lot:
(a)
Requirements for parking and loading shall be added together to determine the necessary number of spaces.
(b)
Yard and setback requirements shall be the largest applicable provision.
