Pound Ridge City Zoning Code
ARTICLE V
Residential District Regulations
§ 113-35 Applicability.
The following regulations apply to the residential "districts" established under this chapter.
§ 113-36 Schedule of "use" regulations; site plan approval.
A.
The accompanying schedule entitled "Schedule of Use Regulations, Residential Districts, § 113-36," shall be deemed part of this article and is referred to herein as "Use Schedule."[1]
[1]
Editor's Note: Said Schedule of Use Regulations, Residential Districts, is located at the end of this chapter.
B.
Site plan approval. Site plan approval by the Planning Board shall be required for (i) any new permit-required "structure," or (ii) "teardown" as defined under the New York State Building Code, (iii) special permit "uses" (1) through (16) listed in the Use Schedule in accordance with all standards and requirements of Article IX of this chapter. For the purpose of protecting the health, safety and general welfare of the Town of Pound Ridge, and specifically to mitigate the potential impact of the above-referenced nonresidential "uses" on adjacent residential properties, a fifty-foot buffer screening area shall be maintained along all perimeter boundaries of properties containing such "uses." Such buffer screening area may be modified by the Planning Board where the topography and/or other factors make it unnecessary to maintain the required 50 feet. Within the buffer area, existing vegetation and natural features shall be preserved and protected unless modified as part of a landscape plan approved by the Planning Board. Routine maintenance, including fertilization, the removal of dead or diseased vegetation, brush clearing, etc., and the planting of supplemental and/or seasonal vegetation shall be permitted. Any other construction or alteration within such buffer area shall be subject to site plan approval by the Planning Board as provided herein.
[Amended 5-4-2006 by L.L. No. 5-2006]
§ 113-37 Schedule of bulk regulations; supplementary setback requirements.
A.
For convenience in administration and for the better understanding of this chapter and in order to assure that all development in the Residential, the "Landscape Nursery and Garden Center" and the Planned Business "Districts" is appropriately located on individual "lots" so as to achieve the purposes established in Article I of this chapter, the accompanying schedule entitled "Schedule of Bulk Regulations, § 113-37," shall be deemed part of this article and is referred to herein as "Bulk Schedule."[1] The requirements listed for each "district" as designated are subject to all other provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.
[1]
Editor's Note: Said Schedule of Bulk Regulations is located at the end of this chapter.
B.
Supplementary setback requirements.
(1)
Purpose of supplementary setbacks. The setback requirements listed in the Bulk Schedule of this chapter are considered to be the minimum standards necessary to assure the appropriate development and "use" of land consistent with the purposes of this chapter. In order to assure that development on newly created "lots" in residential "districts" is appropriately located so as to achieve the purposes established in Article I of this chapter, the Planning Board is hereby authorized to establish supplementary setback requirements for all "structures" in residential "districts." Such setback requirements shall in no case be less than the existing setback requirements for the specified "district" in which such "lot" is located.
(2)
Criteria for determination. In determining whether such supplementary setback requirements should be required, the Planning Board shall utilize the following criteria:
(a)
The presence on the site of unique natural resources, including but not limited to controlled areas and the minimum activity setback as defined in the Town Freshwater Wetlands Law,[2] steep slopes and rock formations, unique vegetation and areas of wildlife habitat.
[2]
Editor's Note: See Ch. 63, Freshwater Wetlands.
(b)
The presence on the site of unique cultural resources, including but not limited to "buildings," "structures," stone walls or artifacts of archaeological value.
(c)
The existence of unique aesthetic features, including but not limited to views and vistas.
(d)
The relationship of the property to adjoining and nearby properties, "buildings" and "structures."
(3)
Procedures. For new subdivisions, supplementary setbacks shall be shown on the final plat to be filed with the County Clerk. Application for modification of supplementary setback requirements shall be made to the Planning Board and shall include such information as would normally be required by the Planning Board. The Planning Board shall render its decision at a regularly scheduled meeting of the Board in a timely fashion, and the results of that decision shall be kept on file with the Building Inspector and the Planning Board Secretary. If the proposed activity is regulated under the Pound Ridge Freshwater Wetlands Law,[3] then approval by the Water Control Commission shall also be obtained. Relief from the minimum setback requirements or other requirements listed in the Bulk Schedule shall require action by the Zoning Board of Appeals in accordance with Article XI of this chapter.
[3]
Editor's Note: See Ch. 63, Freshwater Wetlands.
§ 113-38 Supplementary regulations.
The provisions of this article shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations:
A.
"Yards" and setbacks.
(1)
Terraces and porches. A paved terrace shall not be considered in determination of "yard" size or "building coverage"; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any "yard" to a point closer than 25 feet from any "lot line." Any two-"story" or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the "building" in the determination of the size of the "yard" or amount of "building coverage."
[Amended 6-13-2023 by L.L. No. 3-2023]
(2)
Projecting architectural features. Cornices, eaves, chimneys, bay windows, windowsills, belt courses and other architectural features may project not more than two feet into any required "yard" or into any "parking area" in a PB-A, PB-B or PB-C "District."
(3)
Except for "dry" stone walls, open horizontal board farm fencing or post and rail fence, fencing may not enclose more than 50% or a maximum of two acres, whichever is less, on any property that is zoned R-2A or higher.
[Added 5-1-2003 by L.L. No. 5-2003[1] ]
[1]
Editor's Note: This local law also provided for the renumbering of former Subsection A(3) through (10) as Subsection A(4) through (11), respectively.
(4)
Nonelectric "fences, walls, gates, pillars and berms."
(a)
"Fences, walls, gates, pillars and berms" within 30 feet of a property line. It is the intent of this subsection to balance the need for maintaining open vistas from area roadways, for facilitating emergency access to "structures," for providing safe "sight distances" and for maintaining the open space character of the Town of Pound Ridge with the need to screen or buffer unreasonable invasions of privacy which are beyond the control of the property owner, including but not limited to traffic noise, air pollution, unsightly views and proximity of house or outdoor living areas to a heavily traveled "street" and disparate "uses" (such as residential "lots" adjacent to nonresidential "lots," residential "lots" adjacent to nonconforming "lots" and residential "lots" adjacent to unusual "uses" in a residential "district"). All nonelectric "fences" greater than four feet in "height" within the minimum vegetated buffers which are not shown on a construction drawing or site plan approved by the Planning Board shall require Planning Board approval.
(b)
The requirement of this article shall not be deemed to prohibit any necessary retaining "wall" nor to prohibit any "earthen berm," "fence" or "wall," provided that in any residential "district" such "berm," "fence" or "wall" shall not exceed the "height" restrictions outlined in this section.
(c)
"Height" of "fences, walls and berms."
[1]
Berms throughout the Town in any "yard" shall not exceed four feet in "height."
[2]
"Fences" and "walls" in the "front (or streetside) yard" shall not exceed four feet in "height," except for those roads listed on the Heavy Traffic Road List filed in the Building Department office. An additional two feet of open construction or semiscreen fencing for a total of six feet in "height" for "front (or streetside) yards," installed at least 10 feet inside the front property line, is permitted on roads listed on the Heavy Traffic Road List, except where such roads have a posted speed limit of 30 miles per hour or under.
[3]
Open, horizontal board fencing or post and rail fencing may have a maximum height of five feet.
[Added 5-1-2003 by L.L. No. 5-2003[2]]
[2]
Editor's Note: This local law also provided for the renumbering of former Subsection A(4)(c)[3] through [5] as Subsection A(4)(c)[4] through [6], respectively.
[4]
Any "fence" or "wall" for a landmark-designated property or for a property in an historic "district" is required to receive a certificate of appropriateness under Chapter 17, Historic "Districts," of this Code from the Landmarks and Historic District Commission of the Town of Pound Ridge before construction begins.
[5]
"Fences" and "walls" in side and "rear yards" shall not exceed six feet in "height" and may consist entirely of closed construction fencing and be located next to a property line. It is recommended that abutting neighbors agree on a mutually acceptable fence style if a fence is to be erected next to a shared property line.
[Amended 5-1-2003 by L.L. No. 5-2003]
[6]
In determining "fence height," posts, post caps, post tops, "pillars" and "gates" are excepted.
(d)
Pillars and gates, "fences" and wall openings. Pillars up to two feet wide, whether supporting gates or standing alone, and extending to a maximum “height” of six feet, shall be permitted. The overall “height” of a gate in conjunction with a nonelectric “fence” may be no higher than five feet on a “street” not listed on the Heavy Traffic Road List, and may be no higher than six feet on “streets” that are listed on the Heavy Traffic Road List. Gates shall be set back from the edge of the “street” pavement a minimum of 20 feet to allow a vehicle confronted by a closed gate to stop out of the lane of traffic. Pillars, gates or other barriers shall not be placed any closer than 16 feet apart to allow easy access of emergency service apparatus to the premises. In all cases, the Building Inspector of the Town of Pound Ridge may use his discretion in requiring an access width of more than 16 feet when specific site conditions require same. In no case shall pillars or gates be installed on public property.
[Amended 5-17-2007 by L.L. No. 3-2007]
(e)
Orientation of "fences, walls and berms." If any "fence, wall or berm" located within a "yard" has a finished or more attractive side, such side shall face the neighboring property or the "street."
(f)
"Fences, walls, gates, pillars and berms" in nonresidential "districts." "Fences, walls, gates, pillars and berms" in nonresidential "districts" shall be subject to site plan review in accordance with Article IX, Site Plan Requirements, of this chapter.
(g)
Existing "fences," walls, gates, pillars and berms of all types which are made "dimensionally nonconforming" by this legislation are to be immediately registered with the Building Department. They will be required to conform to the extent reasonable and practicable as determined by the Building Inspector within a period of time determined by the Building Inspector based on the required modifications, but in no case less than two years. The Building Inspector may request such cases to be reviewed by the Planning Board to mitigate any adverse conditions. When requiring conformance and/or mitigation measures, the Building Inspector and/or the Planning Board shall take into consideration the degree of nonconformance, whether the fence was constructed in accordance with the zoning in effect at the time and the impact and the age of the improvements relative to the public benefit practicality and cost of appropriate mitigation and conformance measures.
(5)
Electric and open wire "fences." Electric and open wire "fences" up to seven feet in "height" are permitted under the following conditions:
[Amended 5-1-2003 by L.L. No. 5-2003]
(a)
A permit must be obtained from the Building Inspector.
(b)
Electric and open wire "fences" shall be set back a minimum of 10 feet from all property lines and buffered by trees and/or shrub planting as required by the Building Inspector to soften the effect of the fence in areas where there is insufficient natural vegetation. The Building Inspector may call on the Conservation Board for recommendations and assistance in creating buffered area planting requirements.
(c)
Open wire fences must be thin gage and black or dark green vinyl coated. Posts supporting open wire fences are to be black or dark green metal posts or natural cedar posts.
(d)
Unless otherwise approved by the Building Inspector, electric "fence" specifications shall be:
[1]
Wire to be 12.5-gauge Class 3 galvanized high-tensil steel with a life expectancy of 30 to 40 years, painted black.
[2]
Posts of either 0.4 CCA pressure-treated pine (ends, corners, gates) or fiberglass and/or steel T-posts (line posts) painted black and set on fifteen-foot to twenty-foot centers, with occasional use of trees as posts using galvanized insulated J-bolts.
(e)
Electric "fence" materials and installation procedures must meet Underwriters' Laboratories, Inc., standards as well as the standards of construction as set forth by the Pound Ridge Building Department.
(f)
Electric "fence" construction must be inspected and approved by the Building Inspector for compliance with Underwriters' Laboratories, Inc., safety standards and must receive a certificate of compliance for all aspects of the installation from the Building Department before becoming operational. Failure to comply with this or any other subsection of this law shall be punishable by an initial penalty not to exceed $750, and thereafter a penalty of $100 per day until a certificate of compliance is issued.
(g)
Owners of electric "fences" located within 20 feet of any property line are required to post warning "signs" on the "fence," one "sign" for each 40 to 50 linear feet of "fence." One such "sign" must also be placed at the driveway entrance(s).
(h)
Gates for vehicular access in conjunction with electric “fences” shall be set back a minimum of 20 feet from the edge of the road to allow a vehicle confronted by a closed gate to stop out of the lane of traffic. The minimum unobstructed access width shall be no less than 16 feet. In all cases, the Building Inspector of the Town of Pound Ridge may use his discretion in requiring an access width of more than 16 feet when specific site conditions require same. In no case shall a gate be installed on public property. If the property owner elects to have an automated or motorized gate operator, the property owner must also have a manual override located on the road side of the gate for emergency service access or an approved lock box system.
[Amended 5-17-2007 by L.L. No. 3-2007]
(i)
A property owner may elect to install an electrified gate and/or various other types of gates for vehicular or pedestrian access. In no case shall a gate be higher than six feet.
(j)
If a property owner elects to install an electrified gate, rather than a cattle guard or a gate operated by an electric eye, the electrified gate must have insulated latch handles and must be painted black.
(k)
If an owner elects to install a solid wooden or fiberglass gate, such gate must be of open construction for any portion above a "height" of 4.5 feet.
(l)
If an owner elects to install a cattleguard, either a precast reinforced concrete cattleguard insert or a unit of metal piping in concrete may be used. With any cattleguard the space under the insert or piping shall be no less than 12 inches in depth. A pedestrian gate shall be installed adjacent to any cattleguard.
(m)
No electric "fence" shall be constructed which will preclude effective access to the subject property by emergency service responders.
(n)
The Building Department shall maintain a list of all electric "fence" locations for circulation to emergency service personnel.
(o)
All existing electric "fences" not previously registered with the Building Department must be registered immediately and modified to conform to the requirements of the Zoning Law as is reasonable and practicable in the judgment of the Building Inspector. The Building Inspector shall, in writing, indentify the required time period to implement such improvements. When requiring conformance and/or mitigation measures, the Building Inspector shall take into consideration the degree of nonconformance, whether the fence was constructed in accordance with the zoning in effect at the time and the impact and the age of the improvements relative to the public benefit, practicality and cost of appropriate mitigation and conformance measures. All existing electric "fences" predating the enactment of this subsection must be registered with the Building Department so that emergency services may be notified of their locations.
(6)
Pool "fences." All swimming pools are required to be fenced. Swimming pools constructed after January 3, 2003, must comply with the Residential Code of the State of New York, Title 19 NYCRR, Section AG105. Swimming pools constructed between October 24, 1985, and January 2, 2003, must comply with Title 9 NYCRR Section 720.1. Swimming pools constructed before October 25, 1985, must comply with Title 9 NYCRR, Section 1243.7, and Title 19 NYCRR, and Section 203.7.2.1 of the Property Maintenance Code of the State of New York.
[Amended 5-1-2003 by L.L. No. 5-2003]
(7)
Construction of any "fence" under this subsection shall be in compliance with Chapter 63, Freshwater Wetlands.
(8)
Prohibited "fences." The following "fences" and fencing materials are specifically prohibited:
(a)
Barbed, razor or ribbon wire or broken glass as part of any "fence," unless specifically permitted.
(b)
Pointed metal "fences."
(c)
Poultry wire, turkey wire, chain link or other wire "fences" (except as specifically permitted under § 113-38A(5) above), within 30 feet of any property lines.
[Amended 5-1-2003 by L.L. No. 5-2003]
(d)
Temporary "fences," such as snow "fences," unless on sites under construction or for snow control.
(e)
Chain link "fences" erected with the open loop at the top of the "fence."
(9)
Existing "fences." All existing "fences" which do not conform to the provisions of this chapter continue to be in violation. Existing electric "fences" must be registered with the Building Department. Existing "fences" shall not be "altered," extended, replaced or modified except in accordance with the provisions of this chapter.
(10)
"Sight distances" at intersections. At any "street" intersection in any residential "district," no "fence, wall, gate, pillar, berm" or other "structure" or planting more than three feet in "height" shall be erected, placed or maintained within the triangular area formed by the intersecting "street" lines and a straight line joining said "street" lines at points which are 75 feet distant from the point of intersection, measured along said "street" lines. The "height" of three feet shall be measured above the road surface at the nearest edge of the road. This subsection shall not apply to existing trees, provided that no branches are closer than eight feet to the ground.
(11)
"Corner lots." On a "corner lot" in any residential "district," there shall be provided a "yard" on each "street" equal in depth to the required "front yard" on such "streets." A "rear yard" shall be provided on each "corner lot," and the owner shall elect which "yard" is the "rear yard."
(12)
In no case shall a private individual install fencing, walls, gates, pillars or berms on public property.
[Added 5-1-2003 by L.L. No. 5-2003]
(13)
All proposed fences, walls, gates, pillars and berms require a permit from the Building Department.
[Added 5-1-2003 by L.L. No. 5-2003]
(14)
Penalties for failure to comply with all requirements that relate to fencing are outlined in § 113-96 of this chapter.
[Added 5-1-2003 by L.L. No. 5-2003]
B.
"Height" exceptions.
(1)
The "height" limitations of this article shall not apply to spires, cupolas and domes of churches or other places of worship, nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such "height" as is necessary to accomplish the purposes they are intended to serve, but in no case exceeding eight feet above the roof line, and the total area covered by such features shall not exceed 10% of the area of the roof on which they are located.
(2)
The provisions of this article shall not prevent the erection above the "building height" limit of a parapet wall or cornice, for ornament and without windows, extending above such "height" limit no more than five feet.
(3)
The "height" limitations of this article shall not apply to transmission towers and cables, radio, television or "wireless telecommunications services facilities" when such "structures" are otherwise permitted by this chapter.
[Added 8-13-1998 by L.L. No. 7-1998]
C.
"Dwellings" in "accessory buildings." Any "accessory building" on the same "lot" with a principal residence shall not be used for residential purposes, except as provided in § 113-39.
§ 113-39 "Accessory apartments."
[Amended 5-2-2002 by L.L. No. 1-2002]
A.
In an effort to increase housing options in the Town of Pound Ridge, the Town has concluded that enactment of legislation designed for this purpose is desirable and necessary. It is the specific purpose and intent of allowing "accessory apartments" in the R-2A and R-3A one-family residential "districts" to provide the opportunity and encouragement to owners of "one-family dwellings" within those "districts" to develop small, rental housing units designed to meet the special housing needs of single persons and couples. It is also the purpose and intent of this provision to promote the more efficient use of the Town's existing inventory of "dwellings" and "accessory buildings," thereby protecting and preserving property values; providing economic support for present property owners and promoting the other objectives of this section. The following specific standards and requirements are set forth for the permitted establishment and use of such "accessory apartments."
(1)
"Accessory apartments" may be located in R-2A and R-3A Residential Districts.
(2)
The owner of the lot on which the "accessory apartment" is located must occupy either the principal residence or the "accessory apartment."
(3)
There shall be no more than one "accessory apartment" per "lot" regardless of the amount of excess acreage.
(4)
All new "accessory apartments," whether located within a principal residence "building" or in a conforming "accessory building," shall be subject to site plan review by the Planning Board.
(5)
The minimum size of an "accessory apartment," whether located within a principal residence or in an "accessory building," shall be 300 square feet. In no case shall it exceed 1,200 square feet.
(6)
The size of an "accessory apartment" must not exceed 30% of the "gross floor area," exclusive of unfinished "basement," attic and garage, of the principal residence.
(7)
Whether located in a principal residence "building" or in an "accessory building," there shall be no more than two bedrooms in an "accessory apartment."
(8)
Prior to the issuance of a building permit for the establishment of an "accessory apartment" either in a "principal building" or an "accessory building," approval of the proposed plan for septic disposal and water supply, prepared and signed by a sanitary engineer licensed by the State of New York, shall be obtained from the Westchester County Department of Health and confirmed by the Planning Board.
(9)
Whether in a principal residence or located in an "accessory building," where any proposed "accessory apartment" (including any septic, water or other systems and services used for such "accessory apartment") is proposed to be located in whole or in part within the Town minimum one-hundred-fifty-foot wetlands activity setback area, the applicant must demonstrate to the satisfaction of the Water Control Commission that the proposed use will have no negative impact upon the surrounding wetlands. Indications of negative impact will result in the automatic denial of the "accessory apartment" application.
(10)
During its site plan review, the Planning Board shall determine the adequate on-site vehicle parking requirements for any proposed "accessory apartment" and such parking requirements shall be clearly shown on the approved site plan. A minimum of two parking spaces is required. Under no circumstances may the Planning Board approve on-street vehicle parking for the occupants of the principal residence or any approved "accessory apartment."
(11)
One curb cut shall access both the principal and the accessory residence. No "double cut" driveways will be permitted.
(12)
Within 30 days of receipt of a completed application which conforms to all standards as set forth above, the Building Inspector shall conduct an on-site inspection of the proposed "accessory apartment" location to confirm the physical details of the site as it relates to the proposed application.
B.
"Accessory apartments" located in principal residence "buildings."
(1)
"Accessory apartments" may be located within existing space of a conforming principal residence "building," provided both the apartment and the principal building are in conformance with all applicable health codes, building codes, zoning codes, fire codes and this chapter.
(2)
In the case of an "accessory apartment" located within existing space of a conforming principal residence "building," minimal footprint increases shall be permitted to accommodate a separate entrance and/or the addition of a staircase, where appropriate. Such minimal footprint increases must be approved by the Building Inspector and be included as part of the site plan review by the Planning Board.
(3)
"Accessory apartments" within a principal residence "building" shall not exceed a maximum of 1,200 square feet or 30% of the "principal building," whichever is less. The minimum size of an "accessory apartment" within a principal residence is 300 square feet.
(4)
If an "accessory apartment" is located in a principal residence "building," the entry to the "accessory apartment" unit and its design shall be such that the appearance of the principal residence "building" shall remain as a single-family residence.
(5)
"Accessory apartments" may also be added to a principal residence "building," provided both the "principal building" and the apartment are in conformance with all applicable health codes, building codes, zoning codes, fire codes and this chapter.
(6)
"Accessory apartments" added to a principal residence shall not exceed a maximum of 1,200 square feet or 30% of the "principal building," whichever is less. The minimum size of an "accessory apartment" added to a principal residence is 300 square feet.
(7)
If an "accessory apartment" is added to a principal residence "building," the entry to the "accessory apartment" unit and its design shall be such that the appearance of the principal residence "building" shall remain as a single-family residence.
C.
"Accessory apartments" located in conforming "accessory buildings."
(1)
Any "accessory building" which is proposed for use as an "accessory apartment" shall comply in all respects with all applicable building codes and setback standards for the "district" in which it is located.
(2)
"Accessory apartments" are permitted in accessory structures existing as of January 1, 2028, providing the accessory use is maintained within the "accessory building" with the accessory and providing both the accessory and the "accessory building" are in conformance with all applicable health codes, fire codes and this chapter.
[Amended 12-14-2017 by L.L. No. 4-2017; 1-10-2023 by L.L. No. 1-2023]
(3)
To provide an "accessory apartment" in a conforming "accessory building" the accessory building may be increased in area by no more than 115% and increased in footprint by no more than 15%. Alternatively, the "accessory apartment" may increase the footprint of the "accessory building" by no more than 100% and increase the area by no more than 100%. In either case, the resulting apartment is not to exceed 1,200 square feet and in no case to exceed 30% of the size of the principal residence "building," whichever is less. As part of the required site plan review, the Planning Board will decide whether the proposed "accessory apartment" will comprise a vertical or horizontal addition in order to maintain the existing character of the site.
(4)
The minimum size of 300 square feet and the maximum size of 1,200 square feet applies to apartments in, or added to, "accessory buildings."
D.
Registration, application circulation, conformance.
(1)
All "accessory apartments" must be registered with the Building Department under this chapter.
(2)
Site plan approval by the Planning Board is required for all "accessory apartment" applications.
(3)
Violations: See § 113-95.