Sea Cliff City Zoning Code
ARTICLE V
Residence B District
§ 138-501 Permitted uses.
No structure shall be erected or used and no premises shall be used except for one of the permitted uses for which property may be used in the Residence A District, subject to such site plan and special permit approval as may be provided for therein.
§ 138-502 Procedure for special permit.
§ 138-503 Mixed or combined uses prohibited.
There shall be only one permitted use on each lot meeting the minimum lot size requirements of § 138-504 of this chapter. The mixing or combining of uses within a single building is specifically prohibited.
§ 138-504 Minimum lot size requirements.
No building shall be erected on a lot containing less than 10,000 square feet, nor shall more than one principal building be erected on each 10,000 square feet of such lot.
§ 138-505 Maximum lot coverage.
[Amended 2-13-2023 by L.L. No. 1-2023]
Lot coverage shall not exceed 30% of the lot area.
§ 138-506 Minimum front property line requirements.
No building shall be erected on any lot having a front property line of less than 100 feet.
§ 138-507 Minimum lot width requirements.
No building shall be erected on any lot which has a width at any point less than 90% of the length of the front property line, unless the area of such lot meets the minimum lot size requirements of this article. In computing such area, no part of the lot which falls within the boundaries of the substandard width shall be included.
§ 138-508 Minimum setback requirements.
Every part of a principal building shall be set back from the front property line of the lot upon which it is situated at least 25 feet.
§ 138-509 Minimum lot width at setback line requirements.
No building shall be erected on any lot having a width at the setback line which is less than the minimum front property line required by § 138-506 of this chapter.
§ 138-510 Corner lots.
Buildings erected on corner lots shall comply with the minimum front property line and front property line setback requirements for each street upon which the lot abuts.
§ 138-511 Minimum side yard requirements.
[Amended 5-7-2001 by L.L. No. 1-2001]
No building shall be erected on any lot containing a side yard less than 15 feet in width.
§ 138-512 Minimum rear yard requirements.
No principal building shall be erected on any lot containing a rear yard less than 30 feet in depth. Nothing contained herein or in § 138-511 relating to minimum side yard requirements shall be construed to prevent construction, erection, installation, modification, alteration, demolition or change of a swimming pool in such a side or rear yard as long as all provisions of the Swimming Pool Law of the Incorporated Village of Sea Cliff are met with respect thereto.[1]
[1]
Editor's Note: See Ch. 115, Swimming Pools.
§ 138-513 Height restrictions.
§ 138-513.1 Height/setback ratio restrictions.
[Added 10-16-1995 by L.L. No. 6-1995]
No part of the principal building, other than chimneys, turrets, cupolas, spires, belfries and other minor architectural features, including but not limited to minor domes, skylights, dormer windows and other ornamental features, shall extend above the height/setback ratio plane.
§ 138-514 Minimum gross floor area requirements.
[Amended 2-22-2010 by L.L. No. 3-2010]
No principal building shall be erected unless it has a minimum gross floor area on the first floor of 1,000 square feet, except that a principal building consisting of more than one story in height may have a minimum gross floor area on the first floor of not less than 650 square feet if the second floor has access from the first floor by a permanent interior stairway. For purposes of this section, in computing minimum gross floor area, attics, cellars, basements, garages and rooms for heating equipment shall not be included.
§ 138-514.1 Maximum floor area ratio restrictions.
[Added 10-16-1995 by L.L. No. 5-1995; amended 3-3-2003 by L.L. No. 2-2003]
A.
No building shall be hereafter erected or altered where the floor area ratio (the total proposed floor area of all buildings on the lot divided by the actual square foot area of the lot) will exceed the following maximums:
[Amended 3-24-2008 by L.L. No. 5-2008]
Area of Lot (square feet) | Maximum FAR | |
|---|---|---|
Up to 2,400 | 50% | |
2,401 to 3,600 | 44% | |
3,601 to 4,800 | 38% | |
4,801 to 7,200 | 33% | |
7,201 to 9,600 | 31% | |
9,601 to 12,500 | 27% | |
12,501 to 15,000 | 25% | |
15,001 to 17,500 | 23% | |
17,501 to 20,000 | 21% | |
20,001 to 25,000 | 19% | |
25,001 to 30,000 | 17% | |
30,001 to 40,000 | 15% | |
40,001 upward | 13% |
B.
Notwithstanding the maximum floor area ratio permitted by each category of lot area, a building may be hereafter erected or altered which exceeds the maximum floor area ratio permitted, provided the floor areas of all buildings on the lot do not exceed the maximum total floor area permitted for the preceding (smaller) category. [Example: on a parcel that is 3,700 square feet parcel, the total floor areas of all buildings on the lot is limited to 1,406 square feet (3,700 X 38%) using the chart in Subsection A. Pursuant to Subsection B, buildings having a total floor area of 1,500 square feet would be permitted, because, even though the FAR exceeds 38% (1,500 ÷ 3,700 = 41%), the total floor area of all buildings on the lot do not exceed 1,584 square feet, the maximum total floor area permitted in the preceding (smaller) category of 2,401 to 3,600 (3,600 X 44% = 1,584). Subsection B only applies when the maximum floor area ratio permitted by a category is exceeded; if the FAR is not exceeded, the total floor area of all buildings on a lot in the 3,601 to 4,800 category could exceed 1,584 square feet (4,800 X 38% = 1,824). In addition, the exception permitted by Subsection B is limited to the maximum total floor area permitted in the preceding (smaller) category.]
C.
The floor area restrictions contained in Local Law No. 5-2008 shall apply to any applications for building permits submitted on or after April 17, 2008.
[Added 11-10-2008 by L.L. No. 11-2008]
§ 138-515 Dwelling unit limitations.
No building hereafter erected in the Residence B District shall contain more than one dwelling unit.
§ 138-516 Accessory buildings.
In addition to the requirements heretofore imposed, the following additional restrictions are placed on the erection of accessory buildings:
A.
No accessory building shall be erected in any front yard. A porch constructed or existing in the front yard and connected to the front wall of the principal building shall be excluded from this Subsection A unless such porch is heated or air conditioned by mechanical means.
[Amended 3-9-2009 by L.L. No. 3-2009]
B.
An accessory building erected in a side yard shall be located at least 15 feet from the side property line of the lot.
C.
An accessory building erected in a rear yard shall be located at least five feet from the rear property line and at least 10 feet from the side property line of the lot.
D.
The maximum gross floor area of any accessory building shall be 500 square feet.
E.
An accessory building shall not exceed a height of 15 feet.
F.
Only one accessory building having a gross floor area in excess of 120 square feet and a height of eight feet shall be permitted on a lot. Construction or replacement of three or more accessory buildings on a lot shall be permitted only upon application to and issuance of a variance by the Zoning Board of Appeals. For purposes of this Subsection F, air conditioner condenser units shall not be deemed accessory buildings.
[Added 6-21-1982 by L.L. No. 2-1982, effective 6-24-1982; amended 3-9-2009 by L.L. No. 3-2009]
G.
In addition to compliance with the minimum setback provisions, all generators shall be not less than 30 feet from any habitable structure on an adjoining parcel.[1]
[Added 1-14-2019 by L.L. No. 1-2019]
[1]
Editor’s Note: Former § 516.1, Ancillary structures, which immediately followed, was repealed 12-9-2019 by L.L. No. 9-2019.
§ 138-517 Permitted encroachments.
A.
The following encroachments shall be permitted into front yards:
(1)
Cornices, eaves, gutters, chimneys or bay windows projecting not more than 24 inches into such yard.
(2)
Steps or stairs connected to the primary structure or attached porch, projecting not more than four feet into the required setback from the front property line.
[Amended 2-13-2023 by L.L. No. 1-2023]
B.
The above encroachments shall also be permitted into rear yards, and in addition thereto the following encroachments shall be permitted:
(1)
Air conditioner compressors projecting not more than four feet into such rear yard.
C.
The above encroachments shall also be permitted into side yards; provided, however, that an encroaching air conditioner compressor shall be screened from view by appropriate fencing or shrubbery.
§ 138-518 Parking requirements.
Parking requirements are contained in Article X.
§ 138-519 Impervious coverage.
[Added 2-13-2023 by L.L. No. 1-2023]
A.
The Village seeks to combat increasing stormwater concerns, increased runoff from existing development, and impacts from the transportation of lawn chemicals into roadways, other properties and waterways. The Village is cognizant of flooding, erosion, degraded waterways, and recent damage to private properties in the Village. Impervious structures contribute to these impacts. The Village hereby adopts regulations intended to mitigate these concerns and potential impacts from additional impervious coverage.
B.
The construction, creation, alteration, modification or replacement of any impervious structure or structures in excess of 100 square feet requires an on-site drainage system in continuous working order consistent with its design, to retain a five-inch rainfall over a twenty-four-hour period. For situations where on-site retention is technically not feasible, as demonstrated to the satisfaction of the Building Department, the drainage system on-site retention requirement may be reduced to a three-inch rainfall over a twenty-four-hour period.
C.
Except when otherwise permitted pursuant to this chapter to provide for vehicular access to a roadway, no impervious structure may be located closer than five feet from a property line or the minimum setback required for such impervious structure, whichever is greater.
D.
Regardless of whether Subsection B applies to an impervious structure, all impervious structures shall be designed and installed in a manner to reduce the generation of water runoff volume and velocity to roadways and/or adjoining properties.
E.
The maximum permitted site coverage for impervious structures shall be calculated based on the following table:
Maximum Permitted Impervious Coverage | ||
|---|---|---|
Lot Area (square feet) | For Base Lot Area (square feet)1 | For Lot Area Over Base Lot Area (percent) |
0 to 4,000 | 0 | 55% |
4,001 to 6,000 | 2,200 | 35% |
6,001 to 12,000 | 2,900 | 27% |
12,001 to 16,000 | 4,520 | 26% |
16,001 to 20,000 | 5,560 | 25% |
20,001 to 30,000 | 6,560 | 24% |
30,001 to 40,000 | 8,960 | 23% |
40,001 and larger | 11,260 | 22% |
NOTE: |
1 "Base lot area" is the minimum end of the lot area range in the "Lot Area" column. |