Sleepy Hollow City Zoning Code
ARTICLE V
Southern Riverfront Overlay District
§ 450-22 Findings and purpose.
Within the Village of Sleepy Hollow Riverfront Development District there exist parcels which are generally less than two acres in size, that if appropriately redeveloped would advance the purposes of the RF Riverfront Development District. The RF Riverfront Development District generally contemplates minimum lot sizes of 20 acres for redevelopment purposes and allows for smaller parcels adjacent to a riverfront project to apply for a riverfront development project. The development of Horans Landing Park effectively separates the southernmost parcels west of River Street from the redevelopment activity to the north. The parcels located between River Street to the west and Hudson Street to the east are generally less than two acres in lot area (with most lots much less than one acre in area). Recognizing the purpose of the RF District and public purpose served by Horans Landing, which is zoned P Parks, a Southern Riverfront Overlay District (SRF District) will address the redevelopment challenges of the remaining parcels along the Village's southern waterfront area, while adhering to the purpose of the RF District. Within the SRF Overlay District, the authority, purpose, definitions, permitted principal uses and accessory uses, special permit uses and application fees remain the same as the underlying zoning (§§ 450-7, 450-8, 450-9, 450-10 and 450-11A). The proposed overlay district promotes and is not inconsistent with the policies set forth in the Village of Sleepy Hollow Local Waterfront Revitalization Program.
§ 450-23 Location.
The boundary of the SRF Overlay District is west of the center line of Hudson Street from the Tarrytown municipal boundary, north to the southernmost property line of the General Motors redevelopment site southern parcel (Lot 933, Section 16-2-4) crossing River Street to include Horans Landing and parcels south of this municipal park to the Tarrytown municipal boundary to the south and the Hudson River to the west.
§ 450-24 Applicable regulations.
All riverfront development projects, with or without frontage on the Hudson River, in the SRF Overlay District shall comply with the regulations set forth in the underlying zoning unless otherwise regulated herein. All special permit uses shall require the issuance of a special permit by the Village Board of Trustees.
§ 450-25 Procedure for submission and review of special permit uses.
A.
Each special permit use, including riverfront development project proposals, shall require the following two sequential review and approval phases:
§ 450-26 Review and approval process.
A.
Board of Trustees review of special permit and southern riverfront development concept plan application.
(1)
Environmental compliance. The approval of a special permit for a southern riverfront development project is an action under the State Environmental Quality Review (SEQR) process, and proceedings to such project shall comply with the applicable requirements of SEQR.
(2)
Upon receipt of an application for a special permit and southern riverfront development concept plan, the Village Board of Trustees shall commence a coordinated review under SEQR and institute lead agency procedures after identifying all involved and interested agencies, as provided by law.
(3)
At a minimum, an environmental assessment form (EAF) and supplemental studies, as may be required, shall be submitted to the Village Board for its consideration in making a determination of significance.
B.
Village Board of Trustees referrals. The Village Board of Trustees shall comply with the applicable provisions of General Municipal Law §§ 239-1 and 239-m. Where the Village Board of Trustees is serving as lead agency under SEQR, it may refer the application to any other Village board, department, organization, consultant or professional it deems appropriate, in addition to any referrals and circulation which may be required by law.
C.
Village Board of Trustees public hearing. The Village Board of Trustees shall hold at least one public hearing, with the same notice required by law for zoning amendments, on the application for a special permit and concept plan in the Southern Riverfront Development Overlay District. Where the Village Board of Trustees is serving as lead agency under SEQR and determines to hold a SEQR hearing, the SEQR hearing shall be conducted jointly with the public hearing, if practical.
D.
Village Board of Trustees decision on special permit and southern riverfront development concept plan.
(1)
Concept plan approval process. Prior to granting any special permit for a riverfront development project in the SRF Overlay District, the Village Board of Trustees shall review a riverfront development concept plan which contains a proposed designation of appropriate land uses or a range of land uses for the overall development of the area with the SRF Overlay District. The Village Board of Trustees shall render a decision on the application for riverfront development concept plan approvals and for a special permit after it has held the required public hearing, completed the SEQR process and made the requisite SEQR declarations and made the consistency determination as required under Chapter 414, Waterfront Consistency Review, of the Village Code.
(2)
Concept plan approval. The Village Board of Trustees shall approve the concept plan upon finding that it:
(a)
Will substantially fulfill the purposes of the Southern Riverfront Development Overlay District and the underlying zoning;
(b)
Will be in harmony with the appropriate and orderly development of the Village's waterfront areas; and
(c)
Will not be inconsistent with the policies and purposes of the Village's Local Waterfront Revitalization Program.
(3)
Special permit approval. The Village Board of Trustees may authorize the issuance of a special permit for a southern riverfront development project or special use project, provided that it meets the conditions and standards set forth in § 450-15E(3)(a) through (g).
E.
Conditions. In approving any southern riverfront development concept plan and special permit, the Village Board of Trustees may attach such conditions, safeguards and mitigation measures as it deems necessary or appropriate to assure continual conformance to all applicable standards and requirements to fulfill the intent and purposes of the SRF Overlay District and underlying zoning.
§ 450-27 Design standards.
Southern Riverfront Development concept plans shall meet the design standards set forth in § 450-18.
§ 450-28 Application fees.
Phase I application fees to the Village Board of Trustees and Phase II application fees to the Planning Board shall be set as described in § 450-14.
§ 450-29 Time periods for concept plan and special permit approval.
The approval of a southern riverfront development concept plan or special permit shall remain valid for a time period specified by the Village Board of Trustees. In addition, at the time of approving a special permit, the Village Board of Trustees may set forth the time period in which construction is to begin and be completed. The Village Board of Trustees may, at its discretion, extend any time period it has previously set where it finds that changing market conditions or other circumstances have acted to prevent the timely commencement or completion of work and that the developer has proceeded with reasonable diligence in an effort to assure completion of the work within the permitted time period. The extension of these time periods shall not require the holding of a new public hearing.
§ 450-30 Revisions to concept plan and special permit.
After approval of a southern riverfront development concept plan or special permit, any proposed revisions shall be submitted to the Village Board of Trustees. The Village Board of Trustees, in its discretion, shall determine the appropriate procedures for consideration of the proposed revisions and whether such revision is material enough to require further environmental analysis, further project review and/or further hearings, as it may deem appropriate.
§ 450-31 Site plan approval.
§ 450-32 Height and setback regulations.
A.
No portion of a building or structure shall be erected within 25 feet of the Hudson River except for a marina building, marine fuel service building or dock, a marina service building requiring direct connection to the waterfront to service boats, or other similar water-dependent uses as listed in §§ 450-10 and 450-11A. Such buildings shall not exceed 15 feet in height and shall be designed to complement surrounding structures and the waterfront as a whole.
B.
Beyond 25 feet from the Hudson River, no principal building shall exceed 42 feet in height. The height shall be calculated as the vertical distance measured at each point along the base of the building from the finished grade at that point to the highest point of a flat roof directly above or to the midpoint of a pitched roof directly above. Any proposal that exceeds the above-referenced height up to a height not to exceed 65 feet must apply to the Mayor and Board of Trustees for a special permit. The Mayor and Board of Trustees will take into account the compatibility of the proposed increase in building height with the surrounding residential neighborhood. In consideration for granting the special permit, the Village Board may take into account the requirements of § 450-19A, B(1) and (2), and (3)(b) through (h). In addition to § 450-19B(3)(b) through (h) described above, the following may also be considered by the Board of Trustees: conversion of an active, substantial, nonconforming and/or industrial use to a use that conforms with the objectives and requirements of the SRF District; installation of street improvements, curbs, sidewalks, decorative streetlights, landscaping and other street amenities along River Street and/or Hudson Street; dedication of a pier in a condition suitable for public use; creation of public/private boat slips proximate to Horan's Landing; stabilization of the Hudson River waterfront; enhanced pedestrian access from River Street to the public walkway along the Hudson River; use of construction methods and materials consistent with maximizing energy conservation and sustainability. Any applicant seeking to increase the height of structures beyond that permitted by the underlying zoning must provide appropriate drawings, renderings and cross sections for review and consideration.
§ 450-33 General development guidelines.
Recognizing that flexibility in design may encourage development that enhances the Village's waterfront and promotes the LWRP, the following are established as guidelines that can be modified by the Village Board of Trustees as set forth in the following table to promote development of the waterfront that best reflects the Village's goals and vision:
Type | Requirement |
|---|---|
Minimum lot size | 1 acre |
Maximum building coverage of gross development area | 35% |
Maximum floor area ratio1 (of gross development area, including residential and all other uses) (FAR) | 0.85 |
Maximum impervious surface coverage of gross development area | 70% |
Maximum height | 42 feet2 |
Minimum gross development area per dwelling unit | 2,200 square feet3, 6 |
Minimum frontage on a public right-of-way | 100 feet |
Minimum open space of gross development area4 | 15% |
NOTES: | |
|---|---|
1 | When a FAR applies to construction within this district, the area devoted to structured parking within a building shall not be regarded as contributing to total floor area. |
2 | Building height shall be calculated as the vertical distance measured at each point along the base of the building from the finished grade at that point to the highest point of a flat roof directly above or to the midpoint of a pitched roof directly above. All habitable stories must be elevated at a minimum one foot above the one-hundred-year floodplain level. The area below the elevated habitable story of the building may, but need not be used for parking. Pursuant to § 450-32B, any proposal that exceeds 42 feet must apply to the Mayor and Board of Trustees for a special permit. |
3 | This shall be calculated by dividing the gross development area by the number of residential dwelling units in the particular southern waterfront development project. |
4 | Open space shall be exclusive of all gross area devoted to buildings, parking, streets, utilities and wetland/watercourse areas (but not wetland/watercourse buffers) as defined by Chapter 418, Wetlands and Watercourses, of the Village Code. |
5 | Any request for an increase in FAR, not to exceed an FAR of 1.5, shall require the issuance of a special permit by the Village Board of Trustees consistent with § 450-19A, B(1) and (2), and (3)(b) through (h). In addition to § 450-19B(3)(b) through (h) described above, the following may also be considered by the Board of Trustees: conversion of an active, substantial, nonconforming and/or industrial use to a use that conforms with the objectives and requirements of the SRF District; installation of street improvements, curbs, sidewalks, decorative streetlights, landscaping and other street amenities along River Street and/or Hudson Street; dedication of a pier in a condition suitable for public use; creation of public/private boat slips proximate to Horan's Landing; stabilization of the Hudson River waterfront; enhanced pedestrian access from River Street to the public walkway along the Hudson River; use of construction methods and materials consistent with maximizing energy conservation and sustainability. |
6 | Any request for an increase in minimum gross development area per dwelling unit, not to exceed 1,000 square feet, shall require the issuance of a special permit by the Village Board of Trustees consistent with § 450-19A, B(1) and (2), and (3)(b) through (h). In addition to § 450-19B(3)(b) through (h) described above, the following may also be considered by the Board of Trustees: conversion of an active, substantial, nonconforming and/or industrial use to a use that conforms with the objectives and requirements of the SRF District; installation of street improvements, curbs, sidewalks, decorative streetlights, landscaping and other street amenities along River Street and/or Hudson Street; dedication of a pier in a condition suitable for public use; creation of public/private boat slips proximate to Horan's Landing; stabilization of the Hudson River waterfront; enhanced pedestrian access from River Street to the public walkway along the Hudson River; use of construction methods and materials consistent with maximizing energy conservation and sustainability. |