Pound Ridge City Zoning Code
ARTICLE III
General Regulations
§ 113-9 Interpretation and applicability.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, safety, comfort, convenience and general welfare. This chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the "use" of "buildings" or land or upon the erection, construction, establishment, moving, alteration or enlargement of "buildings" than are imposed by other laws, rules, regulations, licenses, certificates or other authorizations or by easements or covenants or agreements, the provisions of this chapter shall prevail. Except as hereinafter provided, the following general regulations shall apply.
§ 113-10 Conformity required.
No "building" shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or "building" be used, designed or arranged to be used, for any purpose or in any manner except in conformity with this chapter and, particularly, with the specific regulations for the "district" in which such "building" or land is located. Any "use" not specifically permitted by this chapter is prohibited.
§ 113-11 "Lot" requirements.
Every "building" shall be located on a "lot" as herein defined. There shall be not more than one "principal building" and its "accessory buildings" on each "lot," except for nonresidential "buildings" in "districts" where such "uses" are permitted. On one undivided parcel of land equal in size to or greater than twice the minimum acreage as required for the "districts" established hereunder, two "principal buildings" and their "accessory buildings" shall be permitted; provided, however, that in each such instance it shall be demonstrated to the Planning Board that the principal and "accessory buildings" will conform to all "lot" requirements established hereunder the same as if such "buildings" were placed on two separate and independent parcels of land.
§ 113-12 Applicability of open space requirements.
No "yard" or other open space provided about any "building" for the purpose of complying with the provisions of these regulations shall be included as any part of the "yard" or open space for any other "building." No "yard" or any other open space on one "lot" shall be considered as a "yard" or open space for a "building" on any other "lot."
§ 113-13 Division of "lots."
Should a "lot" hereafter be formed from the part of a "lot" already occupied by a "building," such subdivision shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing "building" and all "yards" and other required spaces in connection therewith, and no permit shall be issued for the erection of a "building" on the new "lot" thus created unless it complies with all provisions of this chapter.
§ 113-14 Irregularly shaped "lots."
Where a question exists as to the proper application of any of the regulations of this chapter to a particular "lot" or parcel because of the peculiar or irregular shape of the "lot" or parcel, the Board of Appeals shall determine how such regulations shall be applied.
§ 113-15 Required "street" "frontage."
No permit shall be issued for any "structure" unless the "lot" upon which the "structure" is to be built has a "frontage" of at least 25 feet on a "street" or highway, as defined in § 280-a of the Town Law, which "street" or highway shall have been suitably improved to the satisfaction of the Town Board as provided in said law, or a bond posted therefor.
§ 113-16 Area of contiguous dry land.
A.
In furtherance of the purposes of the State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law), the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law), the Pound Ridge Freshwater Wetlands Law (Local Law No. 1-1986, and the Pound Ridge Flood Damage Prevention Law (Local Law No. 1-1991),[1] as well as the Town Plan of Development of the Town of Pound Ridge, each "lot" shall contain a contiguous area of dry land equal to at least 75% of the minimum "lot" area requirement of the zoning "district" in which it is located.
B.
The contiguous area of dry land shall be at least 25 feet in width and shall not contain any of the following:
(1)
An area designated as a freshwater wetland under the State Freshwater Wetlands Act or as a controlled area under the Freshwater Wetlands Law of the Town of Pound Ridge (exclusive of the minimum activity setback).[2] Where the area designated as a freshwater wetland or as a controlled area is in the form of a narrow band less than 15 feet in width and where the Planning Board has determined that including such an area as part of the contiguous area of dry land would satisfy the basic intent of this section, said area may be included as part of the contiguous area of dry land.
§ 113-17 "Accessory uses."
All "accessory uses" shall be located on the same "lot" with the principal "uses" to which they are accessory. In case of subdivision, an existing "structure(s)" may be retained as an accessory "structure(s)," provided that it complies with all other requirements of this chapter and it is not used as such until a principal "use" is established on the subject "lot."
§ 113-18 Exterior lighting.
All exterior lighting in the PB-A, PB-B and PB-C Zoning "Districts" and in connection with all nonresidential "uses" in residential "districts," including the lighting of "signs," shall be of such type and location and shall have such shading as will prevent direct glare or the source of the light from being visible beyond the boundaries of the property on which it is located. All exterior lighting on business properties shall be limited to the minimum intensity determined necessary by the Planning Board for safety purposes and shall be extinguished within one hour of the closing of the business "use," but in no case later than 10:00 p.m. local time, except for such illumination as may be permitted by the Board for property protection and security purposes.
§ 113-19 Placement of utility wires and equipment.
In order to achieve greater safety and improved service and appearance, all water, sewer and gas facilities, and all electric, telephone and other wires and equipment for providing power and/or communication, shall be installed underground in the manner prescribed by regulations of the state, local and/or utility company having jurisdiction. Where compliance with this section will result in undue hardship because of the design and location of existing facilities, the Planning Board and the Building Inspector may waive this requirement in site plan review and issuance of a building permit.
§ 113-20 "Dish antennas."
Satellite "dish antennas" shall be permitted as an "accessory use" in any zoning "district," subject to the following requirements, except as may otherwise be superseded by the Federal Communications Commission:
A.
"Dish antennas" shall be located and designed so as to mitigate their visual impact on surrounding properties, when possible and practicable in light of the purchase and installation cost of the equipment, through the "use" of architectural features, it "earth berms," landscaping or other screening that will harmonize with the character of the property and the surrounding area.
B.
The materials used in the construction of an antenna shall not be bright, reflective or otherwise unnecessarily obtrusive.
C.
There shall not be more than one "dish antenna" per "lot."
D.
A "dish antenna" shall not be located in any "front yard" and shall comply with all rear and "side yard" setback requirements.
E.
In the PB-A "District," a "dish antenna" shall not be located outside the "building" area, as shown on the Zoning Map.
F.
The "height" of a "dish antenna" shall be measured vertically to the highest point of the antenna when positioned in its most vertical position.
G.
A freestanding "dish antenna" shall not exceed 15 feet in "height" above ground level.
H.
A "dish antenna" greater than two feet in diameter shall not be located on the roof of any "building."
I.
A "dish antenna" may not exceed 10 feet in diameter.
J.
Any "dish antenna" greater than three feet in diameter or greater than five feet in "height" shall be considered a "structure," as defined in § 113-2 of this chapter, and shall require a building permit issued by the Building Inspector.
K.
It is the intent of this section and the restrictions on satellite "dish antennas" to protect the public health, safety and welfare, particularly to protect and maintain property values and to avoid adverse visual impacts upon adjoining properties and along public thoroughfares, without unreasonably restricting the "use" of such devices.
§ 113-21 Identification of locations for 911 service.
A.
911 driveway identification "signs" required in all "districts." 911 identification numbers, assigned by the Assessor's office and administered by the Building Department, are assigned to each residential and business location in the Town of Pound Ridge and must be displayed according to the rules and regulations set forth below.
B.
911 identification in residential "districts."
(1)
Each driveway access must be identified by a 911 number displayed on a driveway location "sign" in the following manner:
(a)
911 driveway location "signs" must be a minimum of 3 1/2 inches high and 7 1/2 inches long.
(b)
"Signs" must combine numbers which are at least 2 1/2 inches high and have a minimum stroke width of 1/2 inch against a contrasting background.
(c)
Driveway location "signs" must be mounted back-to-back on their supports so that they are legible from vehicles approaching from either direction on the road.
(d)
All materials used in the construction of 911 identification "signs" should be impervious to outdoor weather conditions.
(2)
Placement of driveway location "signs" in residential "districts" shall be done according to the following requirements:
(a)
Wherever possible, 911 driveway location "signs" shall be installed on the left side of each driveway access as determined by facing the driveway from the road. In cases where it is physically impossible to comply with this requirement, alternative locations shall be approved by the Building Inspector.
(b)
Driveway location "signs" must be placed within five feet of the edge of the pavement on the road and within five feet of the driveway surface so as to clearly identify the driveway access.
(c)
"Signs" must be installed at right angles to the road so they can be read from vehicles approaching from either direction on the road.
(d)
"Signs" must be a minimum of 24 inches and a maximum of 40 inches above the ground. Their visibility must be maintained in all weather conditions by the homeowner.
(e)
Driveway location "signs," as described in Subsection B(1)(a) through (d) above, may be displayed on mailbox supports below the box or on the sides of the box itself, on "fence" posts or gateposts, etc., only when the location of the supporting "structure" is on the same side of the road as the driveway, is located to the left and within five feet of the driveway, clearly identifies the driveway access, permits the "sign" to meet the "height" requirements, is installed at right angles to the "road" and is legible from vehicles approaching from either direction on the road. Groups of mailboxes are not acceptable for driveway identification purposes. Mailboxes may be identified with numbers to facilitate mail delivery, but they are not acceptable to provide driveway identification unless they stand alone and meet the criteria listed above.
(f)
Exceptions. Mailboxes presently located to the right of driveway access points but otherwise meeting the requirements of "sign" location, as in Subsection B(2)(a) through (e) above, may be used to post driveway identification numbers until such time as the box and/or its support needs to be replaced. It must then be moved to the left of the access point, as in Subsection B(2)(a) through (e) above.
(3)
911 identification number for accessory "dwelling units" in residential "districts."
(a)
Where a single driveway serves a separate accessory residence/studio/office as well as a main residence, the accessory unit or units must be identified by a driveway location "sign" as required in Subsection B(1) and (2) above (example: 50A). Such accessory unit identification "signs" may be mounted on the same stake as the main residence identification or it may be included on the same "sign" (example: 50-50A).
(b)
Each accessory unit must be identified by an additional "sign" meeting the requirements of Subsection B(1)(a), (b) and (d) above. Such a location identifying "sign" shall be displayed at the place where the unit's access meets the driveway or it may be affixed to the outer "wall" of the unit so that it can be seen from the driveway, whichever placement will best clarify its location for emergency service responders. In questionable situations, the placement of accessory "building" identification "signs" shall be approved by the Building Inspector.
(4)
Common driveway requirements in residential "districts."
(a)
Common driveway location "signs" will be provided by the Town for current residents. Future common driveway "signs" will be provided by the developer, as required in § A117-19B(2)(b) of the Land Development Regulations of the Town of Pound Ridge.
(b)
Common driveway location "signs" must be a minimum of 3 1/2 inches by a length sufficient to accommodate the required numbers, but in no case shorter than 7 1/2 inches long. Such "signs" will display the sequence of numbered properties accessed by that common driveway (example: 138-146) and must meet the requirements for driveway location "signs," as described in Subsection B(1) and (2) above.
(c)
Common driveway location "signs" must be maintained in all-weather legible condition by the owners whose property is accessed by the common driveway.
(d)
Individual driveways branching from the common driveway are to be identified by "signs" provided and installed by the homeowner, as in Subsection B(1) through (3) above, except that "signs" identifying driveways branching from a common driveway need not be double-sided and need not be installed at right angles to the common driveway. Rather, they shall be installed so that they are easily visible and clearly identify the branching driveway for emergency responders approaching on the common driveway.
(e)
Individual driveway "signs" are to be maintained in all-weather legible condition by the homeowner.
C.
911 requirements for business "districts."
(1)
911 "building" identification "signs" and driveway location "signs" in the business "districts" shall be placed according to a "building" identification list maintained and monitored by the Building Inspector or the Fire Inspector.
(b)
In addition to 911 "building" identification "signs," owners of locations having secondary entrances shall be required to identify those secondary entrances with the name of the occupant in letters which are at least one inch high.
(c)
In addition to the "building" identification "signs," it shall be the responsibility of each property owner within the business "districts" to provide and display numbers identifying apartments at the exterior access to such apartment locations and at the doors of the apartments themselves.
(d)
All apartment location numbers shall be 2 1/2 inches high with a minimum stroke width of 1/2 inch.
(e)
In addition to the 911 "building" location "signs" placed according to the "building" identification list, "building" "signs" (listing tenants) which are installed or refurbished subsequent to the passage of this article shall display the 911 "building" number on the "sign" a clearly legible number style.
(g)
911 identification "signs" shall be maintained in all-weather legible condition by the property owner.
(h)
Appeals for number relocation may be addressed to the Building Inspector whose determination shall be final.
D.
Compliance. Compliance with the requirements of this section shall be mandatory after October 1, 1992.
E.
Enforcement.
(1)
The Building Inspector of the Town of Pound Ridge shall be the enforcement officer charged with the enforcement of all regulations of this chapter.
(2)
In the event of a violation of any of the provisions of this section, the Building Inspector shall give written or personal notice specifying the violation to the owner of the property on which the violation exists. The owner shall correct the violation within 10 days of receipt of such notice. Violations which persist after that time shall result in a noncompliant status for the property or properties involved. No applications shall be accepted and no permits or certificates of occupancy shall be issued to the owner or owners by the Building Department and no department, board or commission shall accept an application for any permit, subdivision or variance for the property or properties until the violation is corrected and approved by the Building Inspector.
§ 113-22 Protection of hilltops, ridgelines and steep slopes.
A.
For the purpose of preventing erosion, minimizing stormwater runoff and flooding, preserving the Town's character and property values and protecting areas of prominent views, it is the intent of this chapter to prevent the inappropriate development of hilltops, ridgelines and steep slopes. For purposes of this section, steep slopes shall be considered to be those areas with a slope of or greater than 25% measured over any horizontal distance of 50 feet. Individual areas of steep slopes within 25 feet of each other shall be regulated as a single steep slope area.
B.
When development in such areas is proposed, the approving agency shall assure that adequate safeguards for the protection of such areas and the minimization of impacts to their essential functions are assured. Any application for the development of such areas shall include:
(1)
A soil erosion and sediment control plan and a stormwater management plan prepared in accordance with the Westchester County Best Management Practices Manual Series for Construction Related Activities, and including any necessary drainage calculations required by the Town Engineer. Such materials shall demonstrate that no substantial erosion or sedimentation, nor any increase in the peak rate of runoff that would create hazard to the development or to other properties, shall result from the proposed development.
(2)
A plan for appropriate landscaping and revegetation to minimize the impacts on scenic views and vistas and to wildlife habitat as well as to assure long-term stability of areas of steep slopes.
(3)
Any additional information as may be reasonably required by the approving agency.
§ 113-23 Performance standards.
A.
Conformance required. No "use" shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of conformance and certificate of occupancy.
B.
Purposes. Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of "uses" so as to:
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutant.
(2)
Prevent the discharge of untreated or insufficiently treated wastes.
(3)
Prevent the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the "use" is located.
(4)
Prevent physical hazard by reason of fire, explosion, radiation or any similar cause.
(5)
Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion and excessive noise in the "streets."
C.
Standards for vibration. No "use" shall emit inherent and recurring generated vibration which is perceptible without instruments at any point along the property line. Vibrations from temporary construction between the hours of 8:00 a.m. and sunset are exempt from this regulation.
D.
Standards for smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate matter shall not be permitted, regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort or a source of damage to or contamination of property.
(2)
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour or, if less than an hour, until the smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
(3)
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of Number 1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pounds of dust per 1,000 pounds of flue gas adjusted to 50% excess air for combustion.
(b)
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
(c)
All properties shall be suitably improved and maintained with appropriate landscaping and paving, or other type of improvement, so that there will be no measurable windblown dust or other similar types of air pollution created.
E.
Standards for toxic or noxious matter. No "use" shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the "building" in which the "use" is conducted.
F.
Standards for radiation and electromagnetic interference.
(1)
Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Nuclear Regulatory Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, as amended, in accordance with any applicable laws or regulations.
(2)
Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the Town.
G.
Standards for fire, explosive hazard and heat.
(1)
Fire and explosive hazard. No storage or manufacture of explosives or solid materials or solid products which burn actively or which have a low ignition temperature, a high rate of burning or create great heat, under ordinary temperature conditions, shall be permitted.
(2)
Heat. There shall be no emission of heat which would cause a temperature increase in excess of 1° F. along any adjoining "lot line," whether such change be in the air, in the ground or in any watercourse or water body.
H.
Standards for liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Westchester County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the "street" or from any adjoining property and so as to discourage the breeding of rodents or insects.
I.
Standards for vehicular traffic. No business or industrial "use," home occupation or special permit "use" shall be permitted where it is determined by the approving agency that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion, or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the United States Environmental Protection Administration, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction, due to the design or capacity of the highway system, the relationship of such proposed "use" to surrounding or nearby industrial, commercial, or residential "uses" or other factors affecting air pollution arising from mobile source activity.
J.
Standards for glare. No "use" shall produce glare so as to cause illumination or shall permit the source of light to be visible beyond the boundaries of the property on which it is located in excess of 0.5 footcandles. Flashing or intrinsically bright sources of illumination shall be prohibited. Lighting within the Planned Business Districts is also subject to § 113-18 of this chapter.
K.
Procedure for application of performance standards.
(1)
In the case of any application for the establishment of a "use" subject to the performance standards, the approving agency may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed "use" will conform to said standards.
(2)
If the approving agency deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.
(3)
During the course of special permit and/or site plan review, the applicant shall have the burden of proof to demonstrate to the approving agency that the applicant's proposal will conform to the performance standards.
L.
Enforcement. If, in the judgment of the Building Inspector or of the Town Board, there is a violation of the performance standards:
(1)
The Building Inspector shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Building Inspector within a reasonable time limit set by said Inspector. The notice shall state, and is hereby declared, that failure to reply, or to correct the alleged violation to the satisfaction of the Building Inspector within the time limit, constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made, and that, if the violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of determination will be borne by the Town.
(2)
If, within the time limit set, there is no reply, but the alleged violation is corrected to the satisfaction of the Building Inspector, the Building Inspector shall note "violation corrected" on the Building Inspector's copy of the notice and shall retain it among the Building Department's records.
(3)
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, the Building Inspector shall proceed to take action in accordance with Article XII, § 113-96 of this chapter.
§ 113-24 Maintenance required.
A.
All plantings required by provisions of this chapter shall be of nursery stock, be robust when planted and be maintained in a vigorous growing condition, free of debris and litter. Plants not so maintained shall be replaced with new plants no later than the beginning of the next growing season.
B.
All "fences" and other screening materials required by provisions of this chapter shall be maintained or replaced to the same quality required of said items at the time of initial installation.
C.
In the event that maintenance or replacement is not conducted in accordance with these provisions, the Building Inspector shall give written notice of nonconformance to the owner of record of such property. The notice shall order conformance within 30 days. If the property remains in nonconformance at the end of 30 days, the Town Board may authorize the appropriate agencies or departments to make such maintenance or replacement. The Town Board may authorize additional time to comply with the above requirements to coincide with the planting season.
D.
The Town Board may provide for the assessment of all costs and expenses incurred by the Town in connection with any action taken as provided in this section against a property found to be in nonconformance after the thirty-day notice. The costs and expenses so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property.
§ 113-24.1 Ground-mounted solar installations.
[Added 12-8-2016 by L.L. No. 3-2016]
A.
Site plan approval by the Planning Board is mandatory for the installation or modification of any ground mounted solar array.
B.
Where site plan approval is required, no permit or certificate shall be issued by the Building Inspector in connection therewith until and unless a plan shall have been reviewed and approved by the Planning Board. All site development and use of the property shall be fully in conformance with the approved site plan and such additional standards and safeguards as are imposed on such property as a condition of site plan approval. Continued conformance with the approved site development plan shall be required as a condition of the continuance of the certificate of conformance and certificate of occupancy. Failure to so maintain or continue conformance shall be cause for the revocation or removal of any such certificate of conformance and certificate of occupancy and the immediate discontinuance of the approved use.