Sleepy Hollow City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 450-36 General.
The regulations set forth in the Schedule of Regulations (§ 450-34B above) shall be deemed to be supplemented or modified by the regulations and provisions of this section, in the same manner as if they were set forth in full in said schedule.
A.
Access to streets. In order that buildings hereafter erected shall be located with reference to an orderly system of streets giving access thereto, no permit shall be issued for the erection of a building on any lot unless such lot abuts either an existing public street, a street shown on a recorded subdivision plat; or a street delineated in the Master Plan of the Village, and unless such street has been improved to the satisfaction of the Building Inspector in a manner adequate to provide such vehicular access to the building as may be appropriate to the use and the circumstances of the location, considering, among other things, safety of access and access of fire-fighting equipment.
B.
Drainage of lots. No building shall be erected on any land and no change shall be made in the existing contours of any land, including any change in the course, width or elevation of any natural or other drainage channel, in any manner that will obstruct, interfere with or change the drainage of such land, taking into account land development that may take place in the vicinity under the provisions of this chapter, without providing adequate drainage in connection therewith.
C.
Buffer area. A buffer area shall be provided on every lot in a C-1 or C-2 District that abuts a residence district and as specified in connection with certain other uses. This buffer strip shall extend along all side and rear lines abutting residence district properties, but shall not be required in any front yard. This buffer strip shall more particularly be provided and maintained as follows:
[Amended 1-22-2013 by L.L. No. 1-2013]
(1)
The width of the buffer strip shall be five feet.
(2)
This strip shall be in addition to any side or rear yard measurements.
(3)
This strip shall contain no sidewalks, driveways, parking areas, drying yards, trash stations, playgrounds or construction of any sort.
(4)
A five-foot-high solid fence shall be erected on the inner edge of the strip; the buffer strip shall be landscaped with shrubs, trees and lawns so arranged and grouped as to screen all service and activity areas. The fence and planting will be subject to approval by the Planning Board in a site plan which will be submitted.
(5)
This strip shall be maintained as a landscaped area and kept free of storage, litter, etc., at all times.
D.
Floor area regulations. The distinctive character of the different residential neighborhoods in the Village of Sleepy Hollow is based on the diversity in the style and design of homes as well as the general uniformity in the scale of homes located on similarly sized lots in the different neighborhoods throughout the community. The potential for tearing down existing homes and replacing them with substantially larger homes or building large additions to existing homes threatens the appearance of the Village of Sleepy Hollow and has potentially adverse impacts upon the health, safety, welfare and quality of life for its residents.
[Added 10-18-2002 by L.L. No. 12-2002]
(1)
The maximum floor area ratios (FAR) for houses in one-family residential districts (R-1, R-2, R-2A, R-3, R-4 and R-4A or any subsequently created one-family districts) shall be as follows:
[Amended 1-22-2013 by L.L. No. 1-2013]
Table 450-36D(1) Illustrative Table of Maximum Floor Area Ratio (FAR) | |||
|---|---|---|---|
Lot Size (square feet) | FAR | Maximum Building Site (square feet) | |
Less than 80,000 | 0.125 | 10,000 | |
70,000 | 0.13 | 9,100 | |
60,000 | 0.135 | 8,100 | |
50,000 | 0.14 | 7,000 | |
43,560 | 0.15 | 6,534 | |
30,000 | 0.19 | 5,700 | |
20,000 | 0.25 | 5,000 | |
15,000 | 0.27 | 4,050 | |
10,000 | 0.38 | 3,800 | |
5,000 | 0.46 | 2,300 | |
4,000 | 0.48 | 1,920 | |
3,000 | 0.50 | 1,500 | |
(2)
For lot sizes that fall between those illustrated in the "Lot Size" column of Table 450-36D(1), sizes shall be proportionately interpolated.
E.
Special permit for land consolidation and development in residential districts. In all residential districts, a special permit shall be required when two or more building lots are combined for the purpose of constructing a residential building or buildings.
[Added 10-18-2002 by L.L. No. 12-2002]
(1)
Special permit approval. The Planning Board may authorize the issuance of a special permit for the merging of one or more lots in a residential district for the purpose of constructing a residential building(s), after a public hearing, and provided that it shall find that the following conditions and standards have been met:
(a)
The proposed building shall relate to the surrounding neighborhood by way of a quality of building and overall site design that will enhance and protect the character and property values of the adjacent neighborhood. In assessing the conformity of the proposal with these conditions and standards, the Planning Board shall evaluate bulk, dimensions, materials, location on the site and in relation to development on adjoining properties, the natural terrain and vegetation, where applicable.
(b)
The proposed building shall not have a striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located within the same residential neighborhood.
(2)
The Planning Board may, during the course of the special permit review, seek input from other appropriate Village boards, committees or agencies.
§ 450-37 Uses not permitted as accessory uses.
[Amended 1-22-2013 by L.L. No. 1-2013]
The following uses are not permitted as accessory uses:
A.
Advertising signs.
B.
A fence or other structure deemed by the Building Inspector to be designed solely to cause annoyance or damage to an adjoining property owner, subsequent to the filing of a complaint.
C.
A driveway or walk in a residence district, used for access to a commercial or business use.
D.
A junkyard.
§ 450-38 Height exceptions.
[Amended 11-2-1998 by L.L. No. 11-1998]
The height provisions of this chapter shall not apply to the erection of church spires, belfries, towers designed exclusively for ornamental purposes; flagstaffs, chimneys, flues or gas holders, standpipes, stage towers or scenery lofts. The height provisions of this chapter shall, moreover, not apply to bulkheads, elevator enclosures or water tanks occupying in the aggregate less than 10% of the area of the roof on which they are located, and provided further that no such exception shall be used:
§ 450-39 Area.
A.
Reduction of required lot area or space. The area or dimensions of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter.
B.
Nonconforming lots. In any R District, only a single-family detached dwelling may be erected on a nonconforming lot, provided that the front, side and rear yards of any such lot shall comply with the normal requirements for the district within which the lot is located.
§ 450-40 Coverage and open space.
A.
Through lots. Where a lot extends from a street to an alley or another street, the widest street shall be deemed the street upon which the property fronts.
B.
Front yards.
(1)
Front yard requirements. No building shall be erected or shall be reconstructed or altered so as to project in any way beyond the average setback line observed by the buildings existing on the same side of the street within the block at the time of the passage of this chapter.
(2)
Variance of front yard requirements. When a vacant lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the such adjoining improved lots, but shall not be less than 10 feet; provided, however, that where any lot shall front on a right-of-way which is proposed on the Official Map of the Village of Sleepy Hollow to be widened, the front yard of such lot shall be as required in the district where such lot is located and shall be measured from such proposed future right-of-way.
(4)
Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard.
(5)
Cornices and eaves shall not project more than 18 inches.
(6)
Open or lattice enclosed fireproof fire escapes or stairways, required by law, may project into a yard not more than four feet.
C.
Variance of side yard width. Where a side lot line is irregular, the average width of the side yard shall not be less than the required minimum width, provided that such side yard shall not be narrower at any point than 1/2 the required minimum width.
D.
Corner lots.
(1)
Side yard requirements of a corner lot. The side street setback line of any corner lot plotted on the Village's tax maps, as the lot existed at the time of adoption of this chapter, or any corner lot shown on any subdivision plat which received final approval prior to the adoption of this chapter, shall not be less than 1/2 of the depth of the minimum front yard required on any adjoining lot; however, a lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street.
[Amended 1-22-2013 by L.L. No. 1-2013]
(2)
Visual obstruction of corner lots.
(a)
On every corner lot in an R, C, CEM, P or PP District, there shall be no obstruction to vision within a triangle formed by the street lines of such lot and a line drawn between points on such street lines at a distance of 10 feet from the point of intersection thereof.
[Amended 1-22-2013 by L.L. No. 1-2013]
(b)
No wall or fence or other structure shall be erected to a height in excess of three feet; and no vehicle, object or any other obstruction of a height in excess of three feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of three feet, except that trees whose branches are trimmed to a height of at least 10 feet above curb level shall be permitted.
E.
Location of accessory uses in residence districts.
(1)
An accessory use or structure attached to a principal building shall comply in all respects with the yard requirements for such principal building.
(2)
An accessory structure not attached to a principal building shall comply with the following requirements:
(a)
No accessory use shall be located in a required front yard.
(b)
No accessory building or structure shall be located closer than 10 feet to a principal building.
(c)
An accessory use or uses may occupy no more than 30% of the area of a required rear yard, with a maximum permitted height of 15 feet.
(d)
The side of a rear yard for a detached accessory use shall be 1/2 the required side yard for a principal building in the district in which it is located, but in no case shall it be less than three feet, unless otherwise specified in this chapter.
(e)
On an interior lot that runs through a block and faces on two streets, an accessory use in a rear yard shall conform to the average setback of buildings on the two adjacent lots.
(f)
On a corner lot, an accessory building or structure shall observe the same requirements as a principal building, except that when a rear lot line of a corner lot forms part of the side lot line of an adjacent lot, an accessory use shall be located not less than five feet from such lot line and shall observe the setback line of the principal building on the adjacent lot.
F.
Fences and walls.
[Amended 7-8-1974]
(1)
Except as otherwise provided, no wall or open or solid fence in excess of three feet shall be erected in the front yard of any residential district.
(2)
Except as otherwise provided, no wall or open or solid fence in excess of five feet in height shall be erected along the side yards and rear yards in any residential district. In all side yards, the five-foot fence height shall be permitted, but not forward of a required front yard.
(3)
Except as otherwise provided, no wall or open or solid fence in excess of six feet in height shall be erected in any business, commercial, cemetery, park or public parking area.
[Amended 1-22-2013 by L.L. No. 1-2013]
(4)
The Building Inspector shall be permitted to grant building permits pertaining to fences and walls, solid and open, to the nearest metric measurement of the fence-wall height in this chapter.
[Added 9-25-1978]
§ 450-41 Off-street parking and loading space.
[Amended 12-1-1987 by L.L. No. 16-1987; 8-16-1994 by L.L. No. 11-1994; 7-17-2001 by L.L. No. 10-2001; 1-22-2013 by L.L. No. 1-2013; 8-24-2021 by L.L. No. 3-202110-4-2022 by L.L. No. 9-2022]
A.
In all districts, in connection with every use therein, there shall be provided, at the time any structure is erected, enlarged or increased in capacity, off-street parking and loading space and access thereto in accordance with the requirements set forth below:
(1)
The dimensions of stalls for all required off-street parking spaces shall be not less than nine feet wide, measured at right angles to the direction of the stall, and 18 feet long, measured parallel to the direction of the stall, except as provided in Subsection A(2) and (3). Full-size parking stalls shall be striped using white traffic pavement marking paint.
(2)
Off-street loading spaces shall have a minimum area of 350 square feet, exclusive of access roads, with a minimum width of 10 feet and a clear height of 14 feet.
(3)
Stalls may be provided for nontransient parking, for office use only, when the total number of parking spaces required by zoning is in excess of 20. Nontransient stalls may be 8 1/2 feet wide, measured at right angles to the direction of the stall, and 18 feet long, measured parallel to the direction of the stall. Nontransient spaces shall be striped with white traffic pavement marking paint. When incorporating a mix of transient and nontransient spaces, the transient spaces shall be signed for visitors and the number of nontransient spaces may not exceed 20% of the total number of spaces required.
(4)
Stalls may be provided for small-size cars, provided that a parking layout provides for not less than 60% of spaces required under this chapter for full-size parking. All additional parking may be for small-size cars. Small car spaces shall be provided in continuous bays and shall be not less than 7 1/2 feet wide, measured at right angles to the direction of the stall, and 15 feet long, measured parallel to the direction of the stall. The rear boundary of any small car space shall be striped so as to define the exact limits for parking. Small car spaces shall be striped with yellow traffic pavement marking paint. Signing shall be placed in appropriate locations throughout the facility indicating YELLOW PARKING SPACES FOR COMPACT CARS ONLY. Cars using compact spaces must not extend over pavement markings.
B.
Location.
(1)
General. Any off-street parking space and any off-street loading space required by this chapter shall be provided on the same lot as the use to which it is appurtenant and shall comply with the regulations for the location of accessory uses and structures as described above.
(2)
In R Districts. The required off-street parking space for more than two vehicles may not be located in a required front yard. On a corner lot, this restriction shall also apply to the space between the side street right-of-way line and the side building line.
(3)
In C Districts. Required off-street loading spaces may occupy all or part of a required rear yard, except when abutting a residence district, where a buffer strip is to be maintained as provided in § 450-36C.
(4)
Off-site parking in a commercial district. Where there are practical difficulties in the way of the location of parking space or if the public safety or the public convenience or both would be better served by the location of such parking space other than on the same lot with the use to which it is appurtenant, the Board of Appeals, on specific application, may authorize such alternative required parking space as will adequately serve the public interest, subject to stated conditions, as described in § 450-53.
(5)
Joint facilities for parking or loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than 60% of the aggregate total of the separate requirements for each use and provided that all regulations governing the location of accessory spaces in relating to the uses served are adhered to. No accessory parking or loading spaces or portion thereof shall serve as a required space for more than one use unless approved by the Board of Appeals in accordance with the purposes and procedures set forth herein, after submission of a site plan to the Planning Board as provided in Article X.
C.
Access.
(1)
All off-street parking space and off-street loading space shall be provided with safe and convenient access to a street. Access drives or driveways shall not be less than 10 feet in width. If such space is located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided only through driveway openings through the curb not exceeding 25 feet in width and located and constructed in accordance with specifications prescribed by the Building Inspector.
(2)
No access drive or driveway in any R District shall be used to provide access to uses other than those permitted in such R Districts.
D.
Development and maintenance of parking and loading areas. Any public or private parking or loading area for three or more vehicles, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements. Plans for such areas shall be reviewed by the Building Inspector to ensure compliance with these regulations.
(1)
Screening and landscaping. Off-street parking areas for three or more vehicles and off-street loading areas shall be effectively screened by a fence or hedge as provided in § 450-36C. The screening shall be on the side or sides which adjoin or face premises situated in any R District or institutional premises.
(2)
Minimum distances and setbacks. No off-street loading area or part thereof for three or more vehicles shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot.
(3)
Surfacing. Except as provided for the RF District in § 450-18L(6), any off-street loading area and any off-street parking area for three or more vehicles shall be surfaced with an asphaltic or portland cement concrete pavement or similar durable dustless surface. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of motor vehicles.
(4)
Lighting.
(a)
Off-street parking facilities for residence structures containing three or more families and off-street parking facilities for all commercial and business uses shall be adequately lighted.
(b)
Any equipment used to illuminate any off-street parking or loading area shall be so arranged as to prevent light and glare on adjoining premises.
(5)
Drainage. Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
E.
Required parking spaces. Except as provided for uses in the RF District in § 450-18L above, the number of off-street parking spaces required shall be as set forth in the following schedule:
Use | Minimum Required Spaces |
|---|---|
Auditoriums, houses of worship and other places of assembly | 1 for each 8 permanent seats or 1 for each 150 square feet of floor area |
Bowling alleys | 2 for each alley |
Commercial recreation facilities | 1 for each 200 square feet of floor area, or, where the facility contains a basketball, volleyball or other similar use, that portion shall be required to provide 5 per court. Where accessory uses exist, such as locker rooms and administrative offices, parking for that portion of such facility dedicated to such uses shall be calculated at 1 space per 400 square feet. |
Community buildings, clubs, social halls, lodges and fraternal organizations, including boat, swim and country clubs | 1 for each 200 square feet of area occupied by all principal uses or structures |
Hospitals | 2 for each patient bed |
Hotels, motels, tourist homes and rooming houses | 1 for each rentable unit |
General commercial uses not otherwise specified | 1 for each 1,000 square feet of floor area or 1 for each 2 employees on maximum shift, whichever is greater |
Nursing and convalescent homes | 1 for each 2 beds |
Continuing-care retirement communities | See § 450-57F |
Senior residence communities | See § 450-58N |
Office uses in commercial or residential buildings | 1 for each 300 square feet of floor area |
Medical and dental office | 1 for each 150 square feet of floor area |
All uses in commercial or residential buildings on lots of 30 feet or less in width | The minimum parking requirement is waived except when a change of use includes medical or dental office uses |
Residences, one- or two-family | 1 for each dwelling unit |
Residences, multifamily | 1 per dwelling unit, plus 1/2 for each bedroom or sleeping room |
Restaurants, bars, diners and other eating places | 1 for each 5 seats |
Retail shops and stores, including group development | 1 for each 200 square feet of floor area |
Schools: | |
Senior high | 1 for each 10 students accommodated |
Junior high | 1 for each 15 students accommodated |
Elementary | 1 for each 20 students accommodated |
Nursery | 1 for each 10 students accommodated |
Undertaking establishments | 12 for each parlor or chapel |
Wholesale establishments or warehouses | 1 for each 1,500 square feet of floor area |
F.
Required loading spaces. The number of off-street loading spaces required shall be as set forth in the following schedule. In the case of any use not specifically mentioned herein, the Board of Appeals shall determine the number of loading spaces required.
Use | Square Feet of Total Floor Area or Other Unit of Measurement | Required Off-Street Loading Berths |
|---|---|---|
Schools | For the first 15,000 square feet | 1 |
For each additional 20,000 square feet | 1 | |
Hospitals, in addition to space for ambulances | For each 50 beds | 1 |
For each additional 75 beds or major fraction thereof | 1 | |
Undertaking establishments | For the first 5,000 square feet | 1 |
For each additional 10,000 square feet or major fraction thereof | 1 | |
Offices, hotels, retail, commercial, wholesale, storage and miscellaneous uses | Under 5,000 square feet | 0 |
5,000 to 20,000 square feet | 1 | |
20,000 to 50,000 square feet | 2 | |
More than 50,000 to 100,000 square feet | 3 | |
For each additional 50,000 square feet or major fraction thereof | 1 |
G.
Parking for existing uses, buildings, structures, and narrow parcels in the C-2 District.
(1)
All legal uses within buildings in the C-2 District that are in existence prior to July 1, 2021, shall be considered legally nonconforming with respect to parking even if they do not meet the minimum parking requirements for the use. The difference between the number of spaces that the existing use is required to provide and the number of spaces that it provides shall be considered a credit that carries forward with the building (unless the building is enlarged, expanded, or replaced).
(2)
At the time of any change in use within existing buildings that are legally nonconforming with respect to parking as described in Subsection A above, the credit may be deducted from the parking requirements of the new use. If the new use requires the same or fewer parking spaces as the previous use, the new use is not required to provide additional off-street parking but shall not reduce the number of existing spaces provided, except to the extent that the new use provides parking in excess of the requirements in § 450-41. If the new use requires more parking spaces than the previous use, the parking requirement shall equal the number of spaces required by § 450-41 minus the credit described in Subsection G(1) above.
§ 450-42 Signs.
[Amended 1-22-2013 by L.L. No. 1-2013]
Signs shall be regulated in accordance with Chapter 338, Signs, of the Code of the Village of Sleepy Hollow.
§ 450-43 Performance standards.
[Amended 1-22-2013 by L.L. No. 1-2013]
A.
Fire and explosion hazards. All activities shall be carried on only in buildings in conformance with the New York State Uniform Fire Prevention and Building Code, and shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard to a use on an adjacent property. Safety devices and fire-suppression equipment shall also conform to the New York State Uniform Fire Prevention and Building Construction Code. Burning of waste material in open fires is prohibited.
B.
Atmospheric pollution. There shall be no emission of smoke, gas, dust, fumes, fly ash or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by the sources.
C.
Liquid or solid waste. There shall be no discharge of any kind of waste into a reservoir or river. The discharge of untreated waste into a stream or river is prohibited. All methods of industrial waste treatment shall be approved by the county health agency. Effluent from treatment plants shall at all times comply with the following standards:
(1)
Maximum five-day biochemical oxygen demand: five parts per million.
(2)
Maximum quantity of effluent: 10% of minimum daily stream or river flow.
(3)
Maximum five-day biochemical oxygen demand after dilution (BOD of effluent multiplied by quantity of effluent divided by quantity of stream flow): 0:25 parts per million.
(4)
Maximum phenol: 0:01 parts per million. No effluent shall contain other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discoloration, poison or otherwise pollute the stream or river in any way.
D.
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located.
E.
Noise. There shall be no noise which will be audible to normal human hearing beyond the boundaries of the lot on which the source is located in violation of the restrictions set forth in Chapter 272, Noise, of the Village Code.
F.
Glare. There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits of driveways leading to a parking lot.
G.
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property lines of the lot from which they are emitted.
H.
Radioactivity or electrical disturbance. There shall be no emission of dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall be complied with.
§ 450-44 Special use permit approval.
[Added 1-28-1997 by L.L. No. 8-1997]
A.
Special use permit approval by the Mayor and Board of Trustees for certain uses within the RF Riverfront Development Zoning District. The Village of Sleepy Hollow Mayor and Board of Trustees are hereby authorized to review and approve applications for special use permits for the specific uses for which a special use permit is required as specified in the RF Riverfront Development Zoning District, Article IV of this chapter. The procedures and standards for review of such special uses are provided for in the RF Riverfront Development Zoning District, Article IV of this chapter.
[Amended 1-22-2013 by L.L. No. 1-2013]
B.
The Village of Sleepy Hollow Planning Board is hereby authorized to review and approve applications for special use permits for the accessory uses as defined and regulated in Article VIII, § 450-56, of this chapter. The procedures and standards for review of such special uses are provided in Article VIII, § 450-56 herein.
[Added 11-2-1998 by L.L. No. 12-1998]