A.
No building or premises shall be used and no building
or part of a building shall be erected which is arranged, intended
or designed to be used, in whole or in part, for any purpose except
the following:
(1)
Retail stores, including vending machines, and banks.
(2)
Personal service stores, such as but not limited to
barbershops, beauty parlors and tailors, provided that, where steam
pressure is used in clothespressing, it shall not exceed the equivalent
of five rated horsepower.
(3)
Hotels with not less than 15 guest rooms and clubs
without any limitations as to public or gainful use.
(4)
Funeral parlors.
(5)
Service establishments furnishing services other than
of a personal nature, including but not limited to business or professional
offices. Establishments the primary function of which is to furnish
a service for other than the residents of the Village of Irvington
and the area generally immediately adjacent thereto are prohibited.
(6)
Public parking lots, gasoline filling stations and
motor vehicle storage, including incidental repair and service, subject
to the following requirements:
(a)
No driveway to or from any public garage or
automobile service station shall be within 200 feet of any school,
church, playground, hospital, public library or institution for dependents
or children.
(b)
No gasoline or oil pump or service appliance,
unless within a building, shall be within 15 feet of any street line.
All gasoline and similar substances stored in bulk and not to be used
on the premises shall be stored underground and not less than 25 feet
away from any property line other than a street line.
(c)
There shall be no opening in the walls or roof
of any public garage, excepting chimney or flue openings and emergency
fire doors, within 15 feet of any lot line, unless equipped with wire
glass and metal sash and frames.
(d)
At least one constantly open ventilating flue
or outlet of a cross section of not less than two square feet shall
be provided for each floor of a public garage at or near the center
thereof.
(e)
No major repair work shall be performed in the open, and all automobile parts, dismantled vehicles, used autos for sale or similar articles shall be stored within a building. Gasoline or oil sales, changing of tires and other similar automobile servicing shall not be considered to be major repair work. The requirements of this Subsection A(6)(e) shall apply to all existing establishments beginning 24 months following the effective date of this chapter, as well as to those to be erected following such effective date.
(f)
No service station and no gasoline or oil pump
or automotive service appliance, unless within a building, shall be
permitted within 600 feet, measured along or across any street or
streets, of an existing service station, outdoor gasoline or oil pump,
automotive service appliance or a similar establishment proposed to
be erected under a building permit already issued.
(7)
Theaters and restaurants, excluding amusement parks
or galleries, whether open or enclosed or circuses.
(8)
Outlets and pickup stations for laundries and cleaning
establishments, excluding washing of wearing apparel or cleaning of
wearing apparel or household effects other than where noncombustible
solvent is used and where combustible solvent is used only for the
incidental removal of spots.
(9)
Newspaper printing, including incidental job printing.
(10)
Public utility installations needed to serve
the Village or the neighborhood, subject to a determination by the
Board of Appeals that no other reasonable location in a less restricted
district can be used for the purpose contemplated and subject, further,
to such conditions as said Board may deem to be appropriate for the
protection of adjoining uses and of the character of the district.
(11)
Signs, but only in accordance with Article XXIX of this chapter.
[Amended 8-16-1999 by L.L. No. 1-1999; 4-1-2013 by L.L. No. 7-2013]
(12)
Manufacturing, converting, altering, finishing
or assembling of products is prohibited, except where goods so produced
or processed are to be sold at retail exclusively on the premises,
where an area of not more than 20% of the area devoted to retail sales
and fully concealed from any street is so used; where, except in connection
with newspaper printing and clothespressing, electrical power not
exceeding a total of five rated horsepower is used exclusively, unless
the Board of Appeals finds the use of an installation of not over
five horsepower other than electric will have no adverse effect on
neighboring uses; and where, except as specified below, not more than
two employees are engaged in such production or processing. In newspaper
and job printing, 10 employees and mechanical power not in excess
of 10 rated horsepower may be used.
(13)
Assembly of recycled fabrics into new products, provided that the
following requirements are met:
[Added 4-4-2016 by L.L.
No. 3-2016[1]]
(a)
No manufacturing of raw materials is permitted.
(b)
The space in which the use is located is at least 20,000 square feet.
[1]
Editor’s Note: This local law also provided for the
renumbering of former Subsection A(13) through (17) as Subsection
A(14) through (18).
(14)
Accessory buildings and accessory uses customarily
incidental to a permitted use.
(15)
Dwelling units, provided that the following
additional requirements are met:
[Added 7-16-1984; amended 2-27-1989 by L.L. No. 3-1989]
(a)
Density. The number of dwelling units may not
exceed one per 2,500 square feet of lot area.
(c)
Coverage. For existing buildings, the sum of
all areas covered by all principal and accessory buildings, except
driveways and parking areas, shall not exceed 70% of the area of the
lot, and the sum of all areas covered by all principal and accessory
buildings, including parking areas and driveways, shall not exceed
80% of the area of the lot. For new construction or teardowns, total
coverage shall not exceed 80% of the area of the lot.
[Amended 10-7-2003 by L.L. No. 22-2003; 4-7-2014 by L.L. No. 9-2014]
(16)
In legal nonconforming dwelling units, accessory home occupations, provided they meet the requirements of § 224-8B(1) or obtain a special permit in accordance with § 224-8D(7).
[2]
Editor's Note: This local law also renumbered former Subsection
A(16) through (20) as Subsection A(17) through (21), respectively.
(17)
(18)
Solar energy equipment, provided that it is used only to provide
power for use by owners, lessees, tenants, residents or other occupants
of the premises on which it is erected. Nothing contained in this
provision shall be construed to prohibit:
(a)
The sale of excess power through a “net billing” or similar
program in accordance with New York Public Service Law § 66-j
or similar New York State or federal statute; or
(b)
A community distributed generated (also called “shared solar”)
project approved by the New York State Energy Research and Development
Authority (NYSERDA).
[4]
Editor's Note: This local law also renumbered former Subsection
A(17) through (19) as Subsection A(18) through (20), respectively.
(19)
(20)
In buildings already in existence on January 1, 2020, parking structures,
provided that the following additional requirements are met:
[Added 2-20-2020 by L.L. No. 6-2020[6]]
(a)
The building in which the parking structure is located does not border
either Main Street or North Astor Street.
(b)
No rooftop parking is permitted.
[6]
Editor's Note: This local law also provided for the renumbering
of former Subsection A(20), (21), and (22) as Subsection A(21), (22),
and (23), respectively.
(21)
In legal nonconforming one-family dwellings, accessory apartments, not to exceed one per dwelling, in accordance with Article XXXI of the Zoning Code (Accessory Apartments).
[7]
Editor's Note: This local law also provided for the renumbering
of former Subsection A(15) and (16) as Subsection A(16) and (17),
respectively.
(22)
Adult entertainment, provided that the following
additional requirements are met:
[Added 3-17-1997 by L.L. No. 2-1997]
(a)
Purposes and considerations.
[1]
In the execution of this subsection it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened by their concentration in any one
area, thereby having deleterious effects on adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhoods or land uses.
[2]
It is further declared that the location of
these uses in regard to areas where our youth may regularly assemble
and the general atmosphere encompassing their operation is of great
concern to the Village of Irvington.
[3]
These special regulations are itemized in this
subsection to accomplish the primary purposes of preventing a concentration
of these uses in any one area and restricting their accessibility
to minors.
(b)
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT THEATER
MASSAGE ESTABLISHMENT
PEEP SHOWS
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and videotapes, and which establishment is customarily not
open to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers,
or other similar entertainments, and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
A motel which is not open to the public generally but excludes
minors by reason of age, or which makes available to its patrons in
their rooms films, slide shows, videotapes, which if presented in
a public movie theater would not be open to the public generally but
would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows, that are not open to the public generally
but exclude any minor by reason of age.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
(c)
The adult uses as defined in Subsection A(22)(b) above are to be restricted as to location in the following manner in addition to any other requirements of this Code.
[1]
Any of the above uses shall not be located within
a two-hundred-fifty-foot radius of any area zoned for residential
use.
[2]
Any of the above uses shall not be located within
one-quarter-mile of another such use.
[3]
Any of the above uses shall not be located within
a seven-hundred-fifty-foot radius of any school, church or other place
of religious worship, park, playground or playing field.
(d)
The restrictions enumerated in Subsection A(22)(c) above may be waived by the Village Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this subsection:
[1]
That the proposed use will not be contrary to
the public interest or injurious to nearby properties and that the
spirit and intent of this subsection will be observed;
[2]
That the establishment of an additional use
of this type in the area will not be contrary to any program of neighborhood
conservation or improvement, either residential or nonresidential;
and
[3]
That 51% or more of the property owners within the restricted area as defined in Subsection A(22)(c)[1] of this subsection have signed a petition stating that they have no objection to the establishment of one of the uses defined above.
(e)
No more than one of the adult uses as defined
above shall be located on any lot.
B.
Special permit uses.
(1)
Adaptive reuse of historic buildings. Subject to the issuance of a special permit by the Board of Trustees in accordance with §§ 224-8E and F, a building listed on the National Register of Historic Places or designated as a local landmark by the Village of Irvington, pursuant to Chapter 144 of the Village Code, may be used as an historical, educational and/or cultural facility, including, but not limited to, tours, meeting rooms and classrooms, exhibition and archival space, gift shop space, kitchen facilities and office space accessory to the historic, educational and/or cultural use. Such use may be in addition to a permitted residential use.
(2)
On lots fronting on Main Street, bed-and-breakfast establishments, subject to a special permit by the Planning Board in accordance with § 224-8F and G and subject to the following additional requirements:
(a)
The operator of the bed-and-breakfast establishment shall be the
owner of the premises and a full-time resident of the premises or
of an adjacent property.
(b)
The maximum number of bedrooms that may be available to overnight
guests shall be five. The Planning Board, in its review of the special
permit application, shall determine and limit the number of bedrooms
that may be made available.
(c)
The maximum length of stay for any guest in a bed-and-breakfast establishment
shall be 15 nights.
(d)
Meal service shall be limited to a morning meal served to only overnight
guests of the bed-and-breakfast establishment. Snacks and beverages
are not considered meals.
(e)
Cooking facilities, other than an electric coffee pot, are not permitted
in guest rooms.
(f)
The residence in which a bed-and-breakfast establishment is operated
shall not contain an accessory apartment.
(g)
Adequate parking shall be available for the bed-and-breakfast establishment
so that it will not result in insufficient parking for neighboring
residents and businesses. The Planning Board shall determine whether
off-street parking spaces are necessary and, if so, the number of
spaces that must be provided, their location and any screening that
must be provided.
(h)
Signs. One freestanding indirectly illuminated identification sign
shall be permitted designating a dwelling as a bed-and-breakfast establishment.
The size of the sign shall not exceed four square feet per side.
(i)
The applicant shall demonstrate that the proposed bed-and-breakfast
establishment complies with the New York State Uniform Fire Prevention
and Building Code and all other applicable codes and regulations.
(j)
A bed-and-breakfast establishment is subject to periodic inspections
by the Building Department and Fire Inspector to ensure continued
compliance with all applicable codes.
(k)
A special permit for a bed-and-breakfast establishment shall be granted
for an initial two-year period and may be renewed for additional five-year
periods.
(l)
Any violations of this subsection shall be enforced as provided in § 95-12 of the Code of the Village of Irvington. In addition, the Board of Trustees is authorized to revoke the special permit of any bed-and-breakfast establishment that persistently violates the requirements of this subsection or of the special permit, in accordance with the following procedures:
[1]
If the Board of Trustees finds that there may be persistent violations
of the requirements of this subsection, it shall hold a public hearing
on the violations.
[2]
Notice of the hearing shall be given to the operator of the bed-and-breakfast
establishment at least 15 days before the date of the hearing.
[3]
In addition, notice of the hearing shall be published in the official
newspaper of the Village at least 10 days before the date of the hearing.
[4]
The decision of the Board of Trustees on revocation of the special
permit shall be by resolution. The decision of the Board of Trustees
shall be final.
C.
Except as permitted under Chapter 184, Article III (Sidewalk Cafes) and Article IV (Sidewalk Vending), and except for restaurants, all permitted uses, whether principal or accessory, shall be carried on in buildings fully enclosed on all sides.
[Amended 8-17-2009 by L.L. No. 6-2009; 4-18-2022 by L.L. No. 1-2022]
D.
Except as permitted under Chapter 184, Article III, Sidewalk Cafes, and Article IV, Sidewalk Vending, and § 224-36A(20) above, all permitted uses, whether principal or accessory, shall be carried on in buildings fully enclosed on all sides.
[Added 8-7-1989 by L.L. No. 8-1989; amended 2-20-2020 by L.L. No. 6-2020]
E.
The following uses shall be prohibited:
(1)
Any use which is noxious or offensive by reason of
emission of odor, dust, noise, smoke, gas, fumes or radiation or which
presents a hazard to public health or safety.[9]
[9]
Editor's Note: Former § 47-25C(1),
regarding certain uses permitted in the MF Districts, as amended,
which immediately preceded this subsection, was repealed 4-20-1987.
(2)
The use of premises for the operation of any formula/fast-food
establishment or any restaurant or food service business providing
curb or drive-through service.
[Added 2-27-1989 by L.L. No. 3-1989; amended 2-24-2014 by L.L. No. 6-2014]
F.
Parking.
[Added 7-16-1984]
(1)
On-site parking spaces shall be provided as follows, in addition, if applicable, to the requirements of § 224-55:
(a)
One space per one-bedroom dwelling unit.
(b)
One and one-half spaces per two-bedroom dwelling
unit.
(c)
Two spaces per three-or-more-bedroom dwelling
unit.
(e)
Deck/Elevated parking structures, or any variation thereof, are prohibited, except as permitted by § 224-36A(20) above.
[Added 6-26-2003 by L.L. No. 7-2003;
amended 2-20-2020 by L.L. No. 6-2020]
(2)
The following shall also apply:
(a)
The parking requirement may be reduced by one
space for each 24 feet of curb space, where street parking is permitted,
along the frontage of the lot.
(b)
The parking requirement for all dwelling units
within 600 yards of the Irvington Railroad Station tunnel entrance
shall be reduced by 15%.
(c)
For lots of 5,000 square feet or smaller, the
Planning Board may, in its discretion, in lieu of parking spaces as
required by this chapter, allow the lot developer to pay a fee, which
shall be a minimum of $10,000 per space, into a parking supply fund
to be established and administered by the Board of Trustees.
(d)
Whenever the total calculations for a site produce
a fractional parking space, a full parking space shall be provided.
(3)
No parking space or vehicle storage area shall be
situated between the curbline of Main Street and the facade of any
building fronting, facing or abutting Main Street.
[Added 2-27-1989 by L.L. No. 3-1989; amended 8-6-1990 by L.L. No. 13-1990]
(4)
No more than 20% of the area of any lot having frontage
on Main Street may be used for parking spaces or vehicle storage areas.
[Added 2-27-1989 by L.L. No. 3-1989; amended 8-6-1990 by L.L. No. 13-1990]
G.
Loading. Loading spaces shall be provided as follows:
[Added 7-16-1984]
(1)
All office space: none required for floor space up
through 25,000 square feet; one space for floor space exceeding 25,000
square feet up through 50,000 square feet, plus one space for each
25,000 square feet, or any portion thereof, thereafter.
H.
Existing buildings; new construction. Where, on any
lot, new construction is to be added beside, in or on an existing
building, the following additional provisions apply:
[Added 4-20-1987]
(1)
Only 80% of the ground area of the entire lot, including
the area under the existing building, may be utilized in determining
the aggregate number of dwelling units that may be built on the lot.
[Amended 10-7-2003 by L.L. No. 22-2003]
(2)
If the existing building contains dwelling units,
then, in determining the number of additional dwelling units that
may be permitted on the lot, the dwelling units in the existing building
shall be counted against the permitted total for the lot, so that,
for example, if the building on a lot of 25,000 square feet contains
eight dwelling units, only two more may be built on the lot.
(3)
If all or a portion of the ground area of a lot has
previously been utilized to determine the number of dwelling units
on another lot, such ground area or portion thereof previously utilized
may not be used to justify the construction of any additional dwelling
units on that lot.
[Amended 3-15-1993 by L.L. No. 1-1993]
(4)
No on-site parking spaces or additional parking spaces shall be required to be constructed for the existing building, except to the extent that any new construction beside, in or on such building would increase the parking or loading space requirements of Subsections F and G hereof which are applicable to the existing building or which would have been applicable if that building had been built after June 6, 1984. In determining the parking requirement for the new construction:
(a)
If the existing building existed on June 6,
1984, no reduction shall be made in such parking requirement on account
of curb space on a street adjoining the existing building.
(b)
If the existing building did not exist on June
6, 1984, no reduction shall be made in such parking requirement on
account of any curb space that was utilized to reduce the on-site
parking requirement for the existing building.
I.
Certificate filed in County Clerk's office. As part
of an application for a building permit for the construction of one
or more dwelling units, the applicant shall submit an affidavit to
the effect that there has been recorded in the County Clerk's office
a certificate covering all of the ground area of the lot utilized
in determining the aggregate number of dwelling units to be constructed
and specifying that such ground area has been so utilized.[11]
[Added 4-20-1987]
[11]
Editor's Note: Former § 47-26, Maximum
intensity of use and coverage, as amended, which immediately followed
this section, was repealed 2-27-1989 by L.L. No. 3-1989.
[Amended 10-7-2003 by L.L. No. 22-2003]
Yards, if required by the Planning Board, shall
be at least four feet wide. In every case where a lot in a Business
District adjoins the boundary of any residence district, there shall
be provided on such lot a yard adjoining such boundary, which yard
shall have a width or depth of 10 feet or more.
[Amended 7-16-1984; 4-20-1987; 2-27-1989 by L.L. No. 3-1989; 10-7-2003 by L.L. No. 22-2003]
A.
No part of any building shall be erected to a height
greater than three stories and basement at any point along the periphery
of such building, nor shall such height exceed 35 feet. The height
of building shall be no greater than the improvements on its two neighboring
lots on the Main Street street line, and the average height of the
existing structures on the two neighboring lots on the street line
taken from the lowest street level. For corner lots, the property
on the same side of Main Street immediately across the side street
shall be considered a neighboring lot.
B.
Bulkheads, facades, parapets and other like objects
shall not project more than eight inches off the facade of any building
and at no time cross over the property line of the lot.
