Port Chester City Zoning Code
ARTICLE 1
General Provisions
§ 345-101 When effective.
The effective date of this chapter shall be 10 days after posting and publication pursuant to § 345-807B(6) and 30 days after filing of same with the New York State Secretary of State.
§ 345-102 Short title.
This chapter, as the same may be amended from time to time, shall be known and may be cited as the "Port Chester Zoning Code." This chapter is referred to herein as "this chapter" or "these Regulations."
§ 345-103 Authority.
This chapter has been adopted pursuant to Article VII, Sections 7-700 and 7-704 of the Village Law of the State of New York.
§ 345-104 Comprehensive Zoning Plan.
A.
By action of the Village Board of Trustees, the Village has adopted the Village Comprehensive Plan (2012), which, together with this chapter and the adopted Zoning Map, are hereby declared to constitute the Comprehensive Zoning Plan for the Village.
B.
The Board of Trustees has determined that such Comprehensive Zoning Plan represents the most beneficial and convenient relationships among the various public and private areas within the Village. Such determination and plan have been made and established having regard to their suitability for the various uses appropriate to each area of the Village and the potentiality of each area for such uses. Such suitability has been determined based on the direction and manner of use of land, as well as building, Development, and economic activity. In each case, such determinations have been made in consideration of conditions and trends both within the Village and with respect to the relation of the Village to areas outside of the Village, and both for its own inhabitants and those of the surrounding area.
§ 345-105 Purposes, intent and objectives.
A.
General. This chapter has been adopted for the protection and promotion of the health, safety, morals and the general welfare of the community, and in furtherance of the following related and more specific objectives:
(1)
Guidance of Future Growth and Development: guiding the future growth and Development of the Village in accordance with a Comprehensive Plan of land use and population density; such plan representing the most beneficial and convenient relationships among the various public and private areas within the Village, having regard to their suitability for the various uses appropriate to each of them and their potentiality for such uses, as indicated by existing conditions and trends in population, in the direction and manner of use of land, in building, Development, and economic activity, considering such conditions and trends both within the Village and with respect to the relation of the Village to areas outside thereof, both for its own inhabitants and those of the surrounding area;
(2)
Sustainable Living Conditions: providing adequate light, air and privacy, securing safety from fire and other dangers and preventing overcrowding of the land and an undue congestion of population;
(3)
Character, Social and Economic Stability: protecting the character and the social and economic stability of all parts of the Village and encouraging their orderly and beneficial Development;
(4)
Value of Land and Buildings: protecting and conserving the value of land throughout the Village and the value of Buildings appropriate to the various Districts and Civic Districts established by this chapter;
(5)
Environment and Ecological Systems: protecting and preserving the natural environment and its ecological systems;
(6)
Conformity: bringing about the gradual conformity of the Uses of land and Buildings throughout the Village through the Comprehensive Zoning Plan of the Village and minimizing conflicts among the Uses of land and Buildings;
(7)
Relationship Between Uses and Traffic: aiding and bringing about the most beneficial relation between the Uses of land and Buildings and the circulation of traffic throughout the Village, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient traffic access appropriate to the various Uses of land and Buildings throughout the Village;
(8)
Guide for Public Policy and Action: aiding in providing a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building, Development, investment and other economic activity relating to Uses of land and Buildings throughout the Village; and
(10)
Catering and Events Establishments. It is a purpose of this chapter to regulate Catering and Events Establishments in order to promote the health, safety and general welfare of the community. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials.
(11)
Dance Halls and Cabarets.
(a)
Purpose. It is a purpose of this chapter to regulate Dance Halls, Cabarets, and similar commercial establishments in order to promote the health, safety, and general welfare of the citizens of the Village and the patrons of such establishments and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of such establishments within the Village. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials or any form of expression. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to materials protected by the First Amendment or to deny access by the distributors and exhibitors of entertainment to their intended market.
(b)
Findings and rationale. Based on evidence of the adverse secondary effects of Dance Halls, Cabarets, and similar commercial establishments, including certain kinds of adult entertainment establishments, presented in hearings and in reports made available to the Village Board of Trustees, and on findings, interpretations and narrowing constructions incorporated in the cases of Dallas v. Stanglin, 490 U.S. 19 (1989); Festa v. New York City Dept. of Consumer Affairs, 820 N.Y.S.2d 452 (N.Y. Sup. 2006), aff'd with modification, 830 N.Y.S.2d 133, 37 A.D.3d 343 (N.Y. App. Div. 2007), appeal dismissed by, 872 N.E.2d 870 (N.Y. 2007); Inc. Village of Babylon v. John Anthony's Water Cafe, Inc., 137 A.D.2d 792, 525 N.Y.S.2d 337 (N.Y. App. Div. 1988); Cemco Rest., Inc. v. Ten Park Avenue Tenants Corp., 135 A.D.2d 461, 552 N.Y.S.2d 151 (N.Y. App. Div. 1987); Lyn v. Inc. Village of Hempstead, No. 03-CV-5041, 2007 WL 1876502 (E.D.N.Y. June 28, 2007); and Willis v. Town of Marshall, 426 F.3d 251 (4th Cir. 2005); City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Buzzetti v. City of New York, 140 F.3d 134 (2d Cir. 1998); Gold Diggers, LLC v. Town of Berlin, 469 F. Supp. 2d 43 (D. Conn. 2007); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); and Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), the Board of Trustees finds:
[1]
Dance Halls and Cabarets, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, noise and traffic congestion, prostitution, potential spread of disease, lewdness, public indecency, illicit drug use and drug trafficking and negative impacts on surrounding properties.
[2]
Dance Halls and Cabarets should be separated from sensitive land Uses to minimize the impact of their secondary effects upon such Uses.
[3]
Each of the foregoing negative secondary effects constitutes a harm which the Village has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the Village's rationale for this section, exists independent of any comparative analysis between subcategories of commercial entertainment establishments. Additionally, the Village's interest in regulating Dance Halls and Cabarets extends to preventing future secondary effects of either current or future businesses that may locate in the Village. The Village finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.
(c)
The Village hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of Dance Halls and Cabarets, including the judicial opinions and reports related to such secondary effects.
§ 345-106 Applicability.
A.
General. This chapter, the Zoning Map, and the standards and requirements of this chapter, are applicable to all Development, redevelopment, Improvements, land, Structures, Alterations, modifications, construction, reconstruction, Buildings, Lots, and Uses within the Village.
B.
Supersession. This chapter supersedes and replaces in its entirety Chapter 345 as the same has heretofore been in effect.
C.
Exclusive and Mandatory. This chapter shall be the exclusive and mandatory zoning regulation for the Village.
§ 345-107 Types of plans.
This chapter contemplates several types of Plans, as follows:
A.
Building and Lot Plans.
(1)
Purpose of Building and Lot Plans. A Building and Lot Plan is a Plan that includes the information required by § 345-404 and demonstrates compliance with all requirements of Article 4 (Building and Lot Plans and Standards) related to such requirements, specifically as related to the Building and Lot requirements of this chapter.
(2)
Condition to Subdivision, Plat, or Building Permit. A Building and Lot Plan certified by the Planning and Economic Development Zoning Administrator pursuant to § 345-805F as being in compliance with Article 4 (Building and Lot Plans and Standards) is a condition to issuance of a building permit or approval of a subdivision or plat.
B.
Site Plans.
(1)
Purpose of Site Plans. A Site Plan is a Plan that includes the information required by § 345-805G(2) and demonstrates compliance with all requirements of this chapter related to such information.
(2)
When Plan Required. A Site Plan is required when one of the situations identified in § 345-805G(1) is applicable.
C.
Development Parcel Plans.
(1)
Development Parcel Plan Defined. A "Development Parcel Plan" is a Plan that includes the information required by § 345-805H(3)(b) and demonstrates compliance with all requirements of this chapter related to such requirements, specifically as related to the Development Parcel requirements of this chapter.
(2)
Development Parcel Defined. A "Development Parcel" is a parcel of land that is not within the CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU, or SD-PRD Character Districts:
[Amended 12-21-2020 by L.L. No. 3-2021]
(a)
That, either alone or together with one or more other parcels under a common Development scheme, program or plan, is for five more gross acres; or
(b)
With respect to a Development of which any new Thoroughfare or extension or change of the design of any existing Thoroughfare is required or will be made or proposed; or
(c)
With respect to any District assignment or any Thoroughfare alignment proposed to be made or changed by a Zoning Map Change encompassing five or more acres other than one prepared by or on behalf of the Village.
(3)
When Plan Required. A Development Parcel Plan, certified by the Planning and Economic Development Zoning Administrator pursuant to § 345-805H, is required as part of any application for issuance or approval of a subdivision or plat, building permit, Building and Lot Plan, or Site Plan that relates to a Development Parcel, and as part of each application for Zoning Map Change encompassing five or more acres other than one prepared by or on behalf of the Village.
[Amended 12-21-2020 by L.L. No. 3-2021]
D.
(1)
Official Zoning Map. When adopted, the Zoning Map, as may be amended from time to time, shall be the Village's Official Zoning Map. The Official Zoning Map shall be maintained digitally on the Village's website.
(2)
Map Elements. The adopted Zoning Map, and any proposed Zoning Map amendment, shall include designations of Districts, Civic Districts, and any Special Requirements.
§ 345-108 Relationship to private covenants and agreements.
A.
Effect of Cchapter. It is not intended by this chapter to interfere with or abrogate or annul any Easement, covenant or other agreement between parties; provided, however, that when this chapter imposes a greater restriction upon the Use of Structures, premises, Lots, or land, or upon height of Structures, or requires larger Lots, Yards, or other Open Spaces than imposed or required by such other provision of law, ordinance or regulation, or by any such Easement, covenant, or agreement, the provisions of this chapter shall control.
B.
No Encroachment. No provision contained in this chapter shall be construed as justifying the Encroachment of any Structure within any Thoroughfare lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or Village Thoroughfare.
§ 345-109 Relationship to other laws and regulations.
A.
Precedence of Chapter. The provisions of this chapter shall take precedence over those of other Village, county, and state laws, codes, ordinances, regulations, and standards that may be in conflict with this chapter, except Village, county, and state health and safety codes.
B.
Effect on Other Laws. Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with Village Code Chapter 151 (Building Code Administration and Enforcement) or any rules or regulations adopted or issued thereunder, or any other existing or future law, code, ordinance, regulation, or standard that is not in conflict with this chapter.
C.
Effect of Nonconflicting Provisions. Without limitation to § 345-109A and B, except as expressly superseded by this chapter, the Existing Local Codes, including without limitation, the Village Subdivision Regulations and the Village Building Administration and Enforcement Code, shall continue to be applicable to matters not covered by this chapter, except where the Existing Local Codes are inconsistent with, or in conflict with, this chapter.
D.
Compliance with Other Legal Requirements. Without limitation to any other provision of the Village Code, it shall be a condition to issuance of all certificates of occupancy and the Use of all land and Improvements in the Village that all necessary federal, state, county and Village licenses and permits for the Use and operation of such land and Improvements shall have been validly obtained and remain at all times in full force and effect.
E.
Compliance with Other Chapters. Reference is hereby made to the provisions of the following chapters and appendices of the Village Code: Chapter 79 (Map, Official), Chapter 90 (Planning Commission), Chapter 151 (Building Code Administration and Enforcement), Chapter 155 (Catering and Events Establishments), Chapter 160 (Convalescent Homes), Chapter 165 (Dance Halls and Cabarets), Chapter 175 (Fees), Chapter 181 (Flood Damage Prevention), Chapter 224 (Noise), Chapter 245 (Property Maintenance), Chapter 254 (Restaurants), Chapter 298 (Theaters), Chapter 301 (Towers and Antennas), Chapter 304 (Trees and Shrubbery), Chapter 312 (Underground Utilities), and Chapter A402 (Land Subdivision Regulations). Without limitation to any other means by which a violation of any of the chapters or appendices listed in this § 345-109E may be enforced, any such violation shall constitute a violation of this chapter and may be enforced as such under Article 8 (Administration, Procedure and Enforcement) hereof.
§ 345-110 Compliance required.
Except for nonconformances allowed pursuant to Article 9 (Nonconformities) or as otherwise provided in this chapter, all Development, redevelopment, land, Lots, Improvements, Structures, and all Uses, construction, reconstruction, modifications, Alterations, raising, moving, extension, and enlargements thereof, and all parts thereof, and all Plans, applications, requests, and submissions required or made under this chapter, must comply with this chapter and the applicable standards, requirements, and conditions of this chapter, including without limitation:
A.
The provisions for the District or Civic District in which the same or any part thereof are located on the Zoning Map;
B.
Any license, permit, approval, certification, or authorization issued pursuant to this chapter; and
C.
Any applicable Plan approved or certified under this chapter.
§ 345-111 Development restricted within certain areas.
Notwithstanding anything to the contrary contained or implied in this chapter, unless specifically approved by action of the Board of Trustees, no Development shall occur within the bounds of an existing or future Thoroughfare, Civic Space, or other public facility shown or described in the Village Comprehensive Plan, the Village Official Map, or other planning documents.
§ 345-112 Restorations and repairs.
When any Building is declared unsafe by a Code Enforcement Officer or Building Inspector, nothing in this chapter shall prevent compliance with lawful requirements for strengthening or restoring the same to a safe condition.
§ 345-113 Defined terms; construction of terms.
Certain capitalized terms used throughout this chapter are defined in Article 10 (Definitions). Such definitions are integral to this chapter. Uncapitalized terms and terms not so defined shall be accorded their commonly accepted meanings unless otherwise provided in this chapter. In the event of conflicts between the definitions in this chapter and the definitions of the Existing Local Codes, those of this chapter shall take precedence as applied to this chapter.
§ 345-114 Tables, maps, photographs, images, illustrations, figures, graphics, diagrams, and depictions.
A.
Table and Map Standards/Requirements. The standards and requirements of tables herein and the adopted Zoning Map are integral parts of this chapter.
B.
Effect of Graphical Material.
(1)
Table Graphics. The diagrams, photographs and illustrations in Tables 345.405.A-1 through 345.405.A-14 (District Standards), Table 345.405.B (Civic District Standards), Table 345.405.G-1 (Private Frontage Types), Table 345.405.J-1 (Principal Building Types: Summary), Table 345.405.J-2 (Principal Building Types: Specific Standards), Table 345.502.B.1 (Thoroughfare Types: Summary), Table 345.502.B.2 (Thoroughfare Assemblies and Standards), Table 345.502.D (Bikeway Types), Table 345.502.E (Public Lighting Types), Table 345.502.F (Public Planting), Table 345.504.B-1 (Civic Space Types: Summary), Table 345.405.S-2 (Private Lighting Types), and Table 345.504.B-2 (Civic Space Types: Specific Standards) are provided only to indicate the general character or placement of and/or reference to the various Districts, Civic Districts, and Civic Spaces, and elements thereof, shown thereon, and they shall have regulatory force and effect only to that extent.
[Amended 1-19-2021 by L.L. No. 5-2021; 4-3-2023 by L.L. No. 9-2023]
(2)
Illustrations, Figures, and Illustrative Material. All graphical and tabular depictions entitled "Illustration" or "Figure," or denoted as "illustrative" are provided for illustrative, explanatory purposes only and are not regulatory.
(3)
Certain Illustrations. The illustrations in Table 345.502.F (Public Planting), Table 345.502.E (Public Lighting Types), and Table 345.405.S-1 (Private Lighting Types) are provided only as an approximation of the planting types and lighting types shown and they shall have regulatory force and effect only to that extent.
C.
Conflict Between Metrics. Where in conflict, numerical metrics shall take precedence over graphic metrics.
§ 345-115 Preparation and adoption of Zoning Map.
A.
Conformance with Article 2 (Zoning Map). Each Zoning Map or Zoning Map Change must conform to the requirements of Article 2 (Zoning Map).
B.
Preparation. The Zoning Map for the Village to be applicable upon the effective date of this chapter must be prepared by or on behalf of the Village and adopted simultaneously with this chapter.
§ 345-116 Determination of standards.
The Board of Trustees has established the standards in this chapter and, upon approval of the Zoning Map or any amendment thereof, such standards are applicable to the Village.
§ 345-117 Administration.
Except as otherwise expressly provided herein, this chapter shall be administered by the Zoning Administrators, as more specifically provided in Article 8 (Administration, Procedure and Enforcement) hereof.
§ 345-118 Applications.
A.
Building and Lot Plans.
(1)
Submission. A Building and Lot Plan must be submitted to the Planning and Economic Development Zoning Administrator for review.
(2)
Certificate Required. No Development, redevelopment, Improvement, subdivision, resubdivision, construction, reconstruction, or Alteration, modification of or on any Building, Lot or parcel of land shall occur without prior submission of a complete Building and Lot Plan application for review and the Planning and Economic Development Zoning Administrator's issuance pursuant to § 345-805F of a Certificate of Compliance with respect to a Building and Lot Plan that complies with Article 4 (Building and Lot Plans and Standards).
(3)
Ordinary Maintenance or Repair Exempt. A Building and Lot Plan is not required for Ordinary Maintenance or Repair of an existing Structure.
B.
Site Plans.
(2)
When Plan Required. Except for Single-Family Detached Dwellings, no Development, redevelopment, Improvement, subdivision, resubdivision, construction, reconstruction, modification or Alteration of or on any Building, Lot or parcel of land shall occur unless a Site Plan has been approved therefor.
(3)
Ordinary Maintenance or Repair Exempt. A Site Plan is not required for Ordinary Maintenance or Repair of an existing Structure.
C.
Development Parcel Plans.
(1)
Submission. A Development Parcel Plan, if required by Article 5 (Development Parcel Plans and Standards), shall be submitted as follows:
[Amended 12-21-2020 by L.L. No. 3-2021]
(a)
If not related to a request for Zoning Map Change, as part of the application for approval of the Site Plan, and in addition to satisfaction of all other applicable Site Plan application requirements, such Site Plan may be approved only upon the Planning and Economic Development Zoning Administrator's certification that the Development Parcel Plan complies with all applicable Development Parcel standards and requirements of Article 5 (Development Parcel Plans and Standards); or
(b)
If related to a request for Zoning Map Change encompassing five acres or more other than one prepared by or on behalf of the Village, as a part of the application for approval of the applicable Zoning Map Change, and in addition to satisfaction of all other applicable zoning application requirements, such Zoning Map Change may be approved only upon the Planning and Economic Development Zoning Administrator's certification that the Development Parcel Plan complies with all applicable Development Parcel standards and requirements of Article 5 (Development Parcel Plans and Standards).
(2)
Certificate Required. If such certificate is required by § 345-501B(1), no Development, redevelopment, Improvement, subdivision, resubdivision, construction, reconstruction, modification or Alteration of or on any Building, Lot, or parcel of land shall occur without prior submission of a complete application for review and the Planning and Economic Development Zoning Administrator's issuance pursuant to § 345-805H(5)(b) of a Certificate of Compliance with respect to a Development Parcel Plan that complies with § 345-501B(2).
D.
Special Exception Uses.
(2)
When Plan Required. A Special Exception Use may be permitted by the Planning Commission for those Special Exception Uses indicated for a District or Civic District as "SE" on Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-2 (Building and Lot Temporary Uses) in accordance with § 345-805B.
(3)
Ordinary Maintenance or Repair Exempt. A Special Exception Use is not required for Ordinary Maintenance or Repair of an existing Structure.
E.
Zoning Text Amendments and Zoning Map Changes. Applications for approval of Zoning text amendments or Zoning Map Changes that are determined by the Planning and Economic Development Zoning Administrator to be complete shall be certified as such and forwarded for further processing, review, consideration and/or action, as applicable, by the Board of Trustees under Article 8 (Administration, Procedures and Enforcement).
F.
Sign Plans. An application for approval of a Sign Plan shall be processed, reviewed, and acted upon pursuant to Article 7 (Sign Standards).
G.
Building Permits. An application for issuance of a building permit shall be processed, reviewed, and acted upon in accordance with Chapter 151 (Building Code Administration and Enforcement) and applicable state law, provided that no building permit shall be issued unless and until all certifications and approvals required pursuant to this chapter have been issued or granted, as applicable.
§ 345-119 Waivers.
To the extent expressly provided in this chapter with respect to any standard or requirement hereof, a Waiver of such standard or requirement may be granted by the Planning and Economic Development Zoning Administrator upon written request of an Applicant if allowance of such Waiver is determined by the Planning and Economic Development Zoning Administrator to be consistent with the intent of this chapter.
§ 345-120 Appeals and variances.
§ 345-121 Penalties for offenses; enforcement.
Penalties for and enforcement of any violation of this chapter shall be as provided in Article 8 (Administration, Procedures and Enforcement).
§ 345-122 Validity of permits issued prior to effective date.
A.
No Change Required. Nothing in this chapter shall require any change in the plan, construction or designated Use of a Structure or Improvement for which a lawful building permit has been issued prior to the Effective Date of this chapter, any amendment of this chapter, or any amendment of the Zoning Map, provided that:
(1)
Construction Commenced. The construction of such Structure or Improvement must have been begun and diligently prosecuted within three months from the date of such permit; and
(2)
Completion. The entire Structure or Improvement must be completed and a certificate of occupancy or temporary certificate of occupancy must be received according to such filed and approved plans upon which the issuance of such permit was based, within one year from the Effective Date of this chapter or any such amendment thereto or to the Zoning Map.
B.
Revocation of Building Permit. Without limitation to other enforcement remedies available to the Village, in the event that either § 345-122A(1) or (2) is not complied with, such building permit shall be revoked pursuant to Article 8 (Administration, Procedures and Enforcement).
§ 345-123 Transition rules.
The following transitional regulations will resolve the status of properties with pending or approved applications at the time of adoption of this chapter:
A.
Pending Applications.
(1)
Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate Decisionmaking Authority prior to the Effective Date of this chapter, shall be reviewed in accordance with the provisions of Chapter 345 in effect on the date the application was deemed complete by the Village.
(2)
If the Applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this chapter.
(3)
Any reapplication for an expired project approval must meet the standards in effect at the time of reapplication.
§ 345-124 Amendments.
This chapter may be amended from time to time in accordance with § 345-807B hereof.
§ 345-125 Severability.
In case any provision of this chapter shall be held invalid or unenforceable by a court of competent jurisdiction, it shall not affect any other article, section or provision as long as the invalid or unenforceable portion can be separated from the remainder of the provisions.