In interpreting and applying this chapter, the
requirements contained herein are declared to be the minimum requirements
for the protection and promotion of the public health, safety, morals,
comfort, convenience and general welfare. This chapter shall not be
deemed to affect in any manner whatsoever any easements, covenants
or other agreements between parties; provided, however, that where
this chapter imposes a greater restriction upon the use of buildings
or land or upon the erection, construction, establishment, moving,
alteration or enlargement of buildings than are imposed by other ordinances,
rules, regulations, licenses, certificates or other authorizations
or by easements or covenants or agreements, the provisions of this
chapter shall prevail. Except as hereinafter provided, the following
general regulations shall apply.
Except as hereinafter provided, the following
general regulations shall apply to every building and use covered
by this chapter:
A.
Conformance required to zoning standards. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used for any purpose, except in conformity with this chapter and particularly with the schedule constituting § 300-23 of Article VI for the district in which such building or land or water is located.
B.
Lot for every building. Every building hereafter erected
shall be located on a lot as herein defined and, except as herein
provided, there shall be not more than one main building and its accessory
buildings on one lot, except for nonresidential buildings and multifamily
dwellings in districts where such uses are permitted.
C.
Yard and open space for every building. No yard or
other open space provided about any building for the purpose of complying
with the provisions of these regulations shall be included as any
part of the yard or open space for any other building; no yard or
any other open space on one lot shall be considered as a yard or open
space for a building on any other lot.
D.
Subdivision of a lot. Where a lot is formed hereafter
from the part of a lot already occupied by a building, such separation
shall be effected in such manner as not to impair conformity with
any of the requirements of this chapter with respect to the existing
building and all yards and other required spaces in connection therewith,
and no permit shall be issued for the erection of a building on the
new lot thus created unless both the new lot and the portion of the
old lot remaining comply with all the provisions of this chapter.
E.
Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this chapter
to a particular lot or parcel because of the peculiar or irregular
shape of the lot or parcel, the Board of Appeals shall determine how
the requirements of the chapter shall be applied.
F.
Lots under water or subject to flooding. No more than
10% of the minimum area requirement of a lot may be fulfilled by land
which is under water or subject to periodic flooding. Land which is
under water that is open to use by persons other than the owner of
the lot shall be excluded entirely from the computation of the minimum
area of that lot. For the purposes of this subsection, land in the
bed of a stream not exceeding five feet in width at mean water level
and land in any pond not exceeding 150 square feet in area shall not
be considered as underwater.
G.
Required street frontage.
(1)
No building permit shall be issued for any structure
unless the lot upon which that structure is to be built has the following
individual frontage, not common to any other lot or parcel, on a street,
which street shall have been suitably improved or a bond posted therefor
to the satisfaction of the Town Board or Planning Board as provided
by law.
(a)
The required street frontage for R1-10, R1-20,
R-2, R-2A and R-3 Districts shall be the same as the required lot
width at main building line as defined in these regulations.
[Amended 11-4-1987 by L.L. No. 32-1987]
(b)
The required street frontage for the R1-40 District
shall be 150 feet. The required street frontage in R1-80, R1-160 and
R1-200 Districts shall be 200 feet.
[Amended 9-6-1987 by L.L. No. 25-1987; 6-21-1994 by L.L. No. 20-1994]
(c)
The required street frontage for C-1 Districts
shall be 175 feet; C-3 Districts shall be 100 feet; I-2 Districts
shall be 75 feet; and O Districts shall be 75 feet.
[Amended 9-19-1989 by L.L. No. 19-1989; 2-3-2011 by L.L. No. 1-2011]
(d)
The required street frontage for RSP-1, OB, and I-1 Districts shall
be in accordance with an approved plan of development approved by
the Planning Board.[1]
[Amended 2-3-2011 by L.L. No. 1-2011; 6-5-2012 by L.L. No.
3-2012]
[1]
Editor's Note: Former Subsection G(1)(e), concerning required
street frontage for RSP-1, OB-1, and M-I Districts, which immediately
followed this subsection, was repealed 6-5-2012 by L.L. No. 3-2012,
which local law also redesignated former Subsection G(1)(f) as Subsection
G(1)(e).
(e)
The required street frontage for C-2, C-4 and
Commercial Recreation Districts shall be 25 feet.
(2)
An exception to Subsection G(1) above is that in all cases in culs-de-sac, turnaround areas or on horizontal curves of 200 feet radius or less, the required frontage is reduced to a minimum of 60 feet.
(3)
The requirements of this subsection shall not apply
to subdivision maps having been granted preliminary approval prior
to May 20, 1969.
(4)
Applicability.
[Added 6-21-1994 by L.L. No. 20-1994]
(a)
The provisions of a change or amendment to this chapter, which provisions increase street frontage dimensions in excess of the street frontage dimensions of the lots shown and delineated on a subdivision plat of land into lots for residential use and which said subdivision plat has been duly approved by the Planning Board, by resolution, of preliminary approval shall not, for the period of time described in Subsection G(4)(b) below, be applicable to or in any way affect any of the lots shown and delineated on such subdivision plat.
(b)
The exemption provided for in such subdivision
shall apply for a period of at least 24 months after the adoption
of the resolution of preliminary approval and shall expire upon expiration
of any final approval or extension thereof duly granted by the Planning
Board. If a plat has been filed in the Westchester County Clerk's
office, then the exemption shall be until January 15, 1997. This exemption
shall be in addition to the exemption provided for in § 265-a
Town Law.
[Amended 2-7-1995 by L.L. 3-1995]
(c)
In the event that filing of a subdivision plat
approved prior to January 1, 1995, has been delayed by reason of the
moratorium for connecting to Town sewers, then the exemption shall
be for a period of two years after the lifting of the moratorium,
provided that said plat has received continuous extensions from the
Planning Board.
[Added 2-7-1995 by L.L. 3-1995]
H.
New buildings on lots less than the minimum area.
A permit may be issued for the erection of a building on a lot or
parcel for which a valid conveyance has been recorded or contract
of sale has been signed and the conveyance recorded prior to August
19, 1958, notwithstanding that the area of such lot or parcel is less
than that required for the district in which such parcel or lot lies,
provided that all yard setbacks and other requirements which are in
effect at the time of the obtaining of the building permit are complied
with insofar as such is feasible, and also provided that the owner
of such lot or parcel does not own other lots or parcels contiguous
thereto. If this is the case, such other lots or parcels, or so much
thereof as might be necessary, shall be combined with the original
lot or parcel to make a single conforming lot or parcel, whereupon
a permit may be issued, but only for such combined lots or parcels
even though their totals are less in area than required by this chapter
for the district in which they lie. In the case of contiguous lots
or parcels acquired by the Town through foreclosure proceedings prior
or subsequent to the adoption of this chapter, these lots or parcels
shall be sold in such manner that they may comply with the requirements
of this subsection.
I.
Outdoor wood-fired furnaces and boilers.
[Added 1-20-2009 by L.L. No. 1-2009]
(1)
OUTDOOR WOOD-BURNING BOILER OR FURNACE (hereinafter "furnace")
VIOLATOR OR ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
Definition. As used in this subsection, the following terms shall
have the meanings indicated:
Any equipment, device or apparatus which is installed, affixed
or situated outdoors, designed and intended, through the burning of
wood, to heat or provide hot water for the principal structure or
any other building on the premises or to heat swimming pools or spas
on the premises.
Any person who owns the property at the time the outdoor
wood-burning furnace has been installed and/or operated or occupies
the property and utilizes such outdoor wood burning furnace.
(2)
Penalties for offenses.
(a)
Any person who shall violate any provision of this subsection
shall be guilty of a violation as defined in Article 10 of the New
York State Penal Law, and shall, upon conviction, be subject to a
fine of not more than $250 or to imprisonment for not more than 15
days, or both such fine and imprisonment. Each week's violation shall
constitute a separate and distinct offense.
(b)
Compliance with this subsection may also be compelled and violations
restrained by order or by injunction of a court of competent jurisdiction.
(3)
Permit required. No person shall install, maintain or use an outdoor
furnace within the Town of Yorktown without having first obtained
a permit from the Town Building Department. No person shall install
an outdoor furnace after the effective date of this subsection.
(4)
Existing outdoor furnaces. The owner/occupant of any furnace installed
and in operation prior to the effective date of this subsection shall
be authorized to operate the furnace, provided that said owner/occupant
applies for and is granted a permit pursuant to the provisions of
this subsection within 30 days of said effective date.
(5)
Permit dependent upon prior use/operation. The Town of Yorktown shall
not allow the use or operation of any outdoor furnace not installed
and operating prior to the effective date of this subsection.
(6)
Requirements to obtain permits and operate furnaces.
(a)
Setbacks. Outdoor furnaces shall be set back no less than 100
feet from the nearest lot line or 250 feet from the structure closest
to the outdoor furnace and not serviced by said furnace.
(b)
Chimney height. Outdoor furnace chimney stacks shall extend
a minimum of 15 feet above the top of the furnace.
(c)
Spark arrestors. Outdoor furnaces shall be equipped with properly
functioning spark arrestors.
(d)
Months of operation. Outdoor furnaces shall be operated only
between October 15 and March 31.
(7)
Prohibited fuel. The following substances are prohibited for combustion
in an outdoor furnace: Industrial waste, rubber, plastic, used motor
oil, toxic chemicals, contaminated waste, yard waste, household garbage,
cardboard and wastepaper, animal waste and any other material prohibited
for combustion by state or federal statute.
(8)
Farm exemption. An owner of property designated by the Westchester
County Board of Legislators as farmland and consisting of five or
more contiguous acres must obtain a permit to install, maintain or
operate an outdoor furnace and comply with all requirements of this
subsection.
A.
Statement of purpose. The Town Board hereby finds
that inappropriateness or poor quality of design in the exterior appearance
of buildings or land developments adversely affects the desirability
of the immediate area and neighboring areas and by so doing impairs
the benefits of occupancy of existing property in such areas, impairs
the stability and value of both improved and unimproved real property
in such areas, retards the most appropriate development of such areas,
produces degeneration of property in such areas with attendant deterioration
of conditions affecting the health, safety, morals and general welfare
of the inhabitants thereof and creates an improper relationship between
the taxable value of real property in such areas and the cost of municipal
services provided therefor. It is the purpose of this chapter to prevent
these and other harmful effects of such exterior appearance of buildings
and land developments and thus to promote and protect the health,
safety, morals and general welfare of the community.
B.
Architectural Review Board. The Advisory Board on
Architecture and Community Appearance (to be referred to hereafter
as "ABACA"), as established by the Town Board, shall review and report
on the matters as prescribed herein. Any report or recommendation
made must have the approval of the majority of ABACA and shall be
officially filed with the referring board or department, hereinafter
cited as the "referring agent," within 30 days, except that failure
to report within 30 days shall be deemed to be approval thereof. Where
changes or modifications on any submission are recommended, there
shall be set forth the specific changes and the reason(s) for the
same. After having referred an application for a building or land
development permit to the ABACA, the referring agent shall not take
final action prior to receiving and considering the recommendation
of ABACA. The referring agent shall provide a full set of plans and
accompanying data to the ABACA for its use and permanent file. The
applicant may be requested and/or shall be permitted to appear personally
or by representative to review with the ABACA any submission to it.
C.
Procedure and standards. Every application for a building permit for the construction, reconstruction or alteration of any structure in excess of 1,000 cubic feet of cubical contents proposed for construction and every application for the development or subdivision of land, except as it affects single- or two-family residences and residential accessory structures on individual properties, and any such application for a building permit, land use or any other development within the Town of Yorktown filed with the Town Board, Planning Board, Zoning Board of Appeals or Building Inspector shall be referred by the referring agent to the ABACA within seven days of the submission of the application, provided that it conforms in all respects to all other applicable laws and ordinances. The ABACA shall base its recommendations on the following criteria: no building or structure or land development shall be so detrimental to the desirability, property values or development of the surrounding area as to provoke one or more of the harmful effects set forth in Subsection A by reason of:
(1)
The repeated and adjacent use of identical or near
identical facades or structures arranged without respect to natural
features of terrain or other existing structures.
(2)
Inappropriateness of a structure or land development
in relation to any other structure or land development existing or
for which a permit has been issued or to any other structure or land
development included in the same application in respect to one or
more of the following features:
(a)
Cubical contents.
(b)
Gross floor area.
(c)
Height of building or height of roof.
(d)
Other significant design features, such as material or quality of architectural design, roof structures, chimneys, exposed mechanical equipment and service, service and storage enclosures, signs, landscaping, retaining walls, parking areas, service and loading docks, dividing walls, fences, lighting posts and standards, provided that a finding of inappropriateness shall state not only that such inappropriateness exists but, further, that it is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the harmful effects set forth in Subsection A.
D.
Schedule of ABACA Fees.
[Added 6-1-1982 by L.L. No. 5-1982; amended 7-2-1985 by L.L. No. 8-1985; 4-8-1992 by L.L. No. 9-1992]
(1)
The schedule of fees for ABACA review shall be the amount as set for in § 168-1, Master Fee Schedule for Land Development Applications and Permits.
[Amended 10-5-2010 by L.L. No. 9-2010]
(2)
The development review fee and 1/2 the estimated lot/architectural
review fee shall be paid upon application to the approval authority.
The remainder of the actual lot/architectural review fee shall be
paid upon final signature of the approval authority or when a foundation
or building permit is applied for, whichever occurs first.[1]
[1]
Editor's Note: Former Subsection D(3), concerning disputes
over fees charged to an applicant, which immediately followed this
subsection, was repealed 10-5-2010 by L.L. No. 9-2010.
A.
Paved terraces. A paved terrace shall not be considered
in determination of lot size or yard coverage; provided, however,
that such terrace is unroofed and without walls, parapets or other
forms of enclosure. Such terrace, however, may have a guardrailing
not over three feet high and shall not project into any yard to a
point closer than five feet from any lot line.
B.
Porches. No porch may project into any required yard.
An unenclosed porch shall not be included in determining lot coverage.
An enclosed porch shall be considered a part of the building in determining
the size of yard or amount of lot coverage.
C.
Projecting architectural features (horizontal). The
space in any required yard shall be open and unobstructed except for
the ordinary projection of the windowsills, belt courses, chimneys,
cornices, eaves and other architectural features; provided, however,
that such features shall not project more than three feet into any
required yard.
D.
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than three
feet; provided, however, that the sum of any such projections on any
wall does not exceed 1/4 the length of any said wall.
E.
Fire escapes. Open fire escapes may extend into any
required yard not more than six feet; provided, however, that such
fire escape shall not be closer than four feet at any point to any
lot line.
F.
Walls and fences. The yard requirements of this chapter
shall not be deemed to prohibit any necessary retaining wall nor to
prohibit any fence or wall, provided that in any residence district
no fence shall exceed 4.5 feet in height in the front yard or 6.5
feet in height in any side or rear yard. However, fence support posts
whose width, measured at the fence face, comprises no more than 10%
of the total linear footage of the fence may exceed the aforementioned
maximums by no more than one foot. The height of a fence shall be
the vertical distance from grade to the highest part of the fence.
Where the grade is uneven from one side of the fence to the other,
the fence shall be measured from the side with the lowest grade. For
all fences and walls installed after the effective date of this amendment,
the decorative side shall face away from the owner's property.
[Amended 3-2-1993 by L.L. 7-1993; 6-20-2023 by L.L. No. 4-2023]
G.
Corner lots. On a corner lot in any residence district,
there shall be provided a side yard on the side street equal in depth
to the required front yard on said side street.
H.
Exception for existing alignment of buildings. If
on one side of a street within a given block and within 250 feet of
any lot there is pronounced uniformity of alignment of the fronts
of existing buildings and of the depths of front yards greater or
less than the depth specified in the Schedule of Regulations,[1] a front yard shall be required in connection with any
new building which shall conform as nearly as practicable with those
existing on the adjacent lots, except that no such building shall
be required to set back from the street a distance greater than 50
feet.
I.
Visibility at intersections. On a corner lot in any
residence district, no fence, wall, hedge or other structure or planting
more than 3 1/2 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
30 feet distant from the point of intersection, measured along said
street lines. The height of 3 1/2 feet shall be measured above
the curb level.
J.
Inner court. The least dimension of any inner court
at the sill level of the lowest windows shall be equal to the height
of any wall forming part of such a court.
K.
Outer court. The depths of any outer court shall not
exceed 1/2 its width, and such width shall not be less than 15 feet.
L.
Projecting features above the roof level. The height
limitations of this chapter shall not apply to church spires, belfries,
cupolas and domes not used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks, bulkheads or similar features and necessary
mechanical appurtenances usually carried above the roof level, except
as such may be specifically modified by other provisions of this chapter.
These features, however, shall be erected only to a height necessary
to accomplish the purpose they are intended to serve and, in the case
of communication-receiving antennae, shall not be more than 50 feet
in height above the average finished grade of the lot.
M.
Parapet walls. The provisions of this chapter shall
not apply to prevent the erection above the building height limit
of a parapet wall or cornice, for ornament and without windows, extending
above such height limit not more than five feet, unless otherwise
specifically permitted elsewhere by this chapter.
N.
Awnings. No awning or similar weather-shielding feature
projecting beyond the property line of any lot into the sidewalk portion
of a street shall be erected or maintained on any building unless
such awning or feature, if retractable but in its lowered position,
is at all points at least 6 1/2 feet above the level of said
sidewalk area and, if nonretractable, is at all points at least eight
feet above the sidewalk area. No awning or other similar feature may
project beyond said property line a distance greater than six feet,
and such awning or other feature shall be firmly affixed to the building.
O.
Decks. All open decks shall meet the setback requirements for an accessory structure described in § 300-21 of the Town Code. An open deck shall not be included in determining lot coverage. A closed deck shall meet the setback requirements for a main structure and shall be counted toward lot coverage.
[Added 2-23-1993 by L.L. No. 6-1993]
A.
Attached accessory buildings. If any accessory building
is attached to a main building, including attachment by means of a
breezeway or a roofed passageway with open or latticed sides, it shall
comply in all respects to the requirements of this chapter applicable
to the main building.
B.
Detached accessory buildings. All detached accessory
buildings shall comply in all respects to the requirements of this
chapter applicable to main buildings, except that detached accessory
buildings which do not exceed one story or 15 feet in height may be
located as provided specifically in the Schedule of Regulations for
such accessory buildings, provided that they are located behind the
front yard setback line.[1]
C.
Distance between main building and accessory building.
The separation required between the location of a main building and
an accessory building on the same lot shall be the separation required
by the Uniform Code.
[Amended 11-15-2011 by L.L. No. 18-2011]
D.
In an
R1-40, R1-20, R1-10 or R-2 Zoning District, the maximum building footprint
of an accessory building on a lot, the main use of which is residential,
shall not exceed 80% of the footprint area of the main building. Where
a lot in such zoning district has more than one accessory building,
the total area of the combined footprints of the accessory buildings
shall not exceed 80% of the footprint area of the main building.
[Added 11-15-2011 by L.L. No. 18-2011]
No building in any district, used for residence
purposes and erected or created by alteration or moved from one location
to another subsequent to the adoption of this chapter, shall have
a floor area less than that required in the Schedule of Regulations.[1] Such floor area shall include all floor area used for
human occupancy within the exterior walls of the building but shall
not include open porches or breezeways, basements or unfinished attic
space.
Clay, sand, gravel or other natural mineral
deposit or topsoil may be excavated, subject to the provisions of
Chapter 165, Erosion and Sediment Control.
A.
No garbage, rubbish, refuse or other waste material
shall be dumped or deposited in any district within a distance of
100 feet from any highway, water body, stream or property line, or
elsewhere, except after obtaining a permit therefor from the Building
Inspector, subject to such regulations as the Town may prescribe and
further subject to any applicable regulations of the Westchester County
Department of Health.
[Amended 4-20-2004 by L.L. No. 9-2004]
B.
Such dumping or deposit shall be further subject to
the requirement that it will not be objectionable by reason of dust,
fumes, smoke or odor or be otherwise detrimental to the public health
or safety and will not interfere with drainage to the extent of being
injurious to adjacent land or buildings.
C.
Accumulation of either soil, gravel, rock or other
natural material in excess of five cubic yards or more deposited within
a residential zone for the purpose of regrading or landscaping the
land on which it is deposited must be utilized by the property owner
within 60 days. After such time the soil, gravel, rock or natural
material would have to be removed or be placed within the property
a distance of 100 feet or more from any highway, water body, steam
or property line. A person would be exempt from this regulation after
obtaining a valid building permit therefor from the Building Inspector,
subject to such regulations as the Town may prescribe.
[Added 4-20-2004 by L.L. No. 9-2004]
Where a residence district is bounded by a portion
of a business district, then any side street extending through such
residence district into such business district may not be used for
a business purpose, except as follows. The business structure erected
in such business district shall face and open upon the street set
aside for business purposes, except that show windows in such business
structures may be built and exposed on said side street within the
lot area set aside as part of said business district and an entrance
may be made at the comer of such business and residential streets.
All other entrances thereto, except to residential parts of the structure,
must face on the business street, except that any second means of
egress required by applicable law shall be permitted. The provisions
of this section are not intended to prohibit entrances from such side
streets to off-street parking or loading areas.
[Amended 7-17-2012 by L.L. No. 10-2012]
A.
A temporary
building or structure may be erected and maintained for a period of
one year in conjunction with the construction of a lawfully permitted
use or facility in the district in which such use or facility is located.
An extension of the time period may be granted in the discretion of
the Town Board for good cause shown, provided that construction of
the permitted use or facility is still in progress.
B.
The Town
Board shall have the discretion to limit the size, floor space, dimensions,
height and use of the temporary building and/or structure for which
an application is made upon consideration of lot area, building/structure
use and other articulated consideration that in the Board's discretion
may be appropriate.
C.
No temporary
building or structure shall be closer than 20 feet from any property
line.
D.
A plot plan in accordance with the general requirements in § 300-195 shall be filed with the Town Board. A temporary building permit shall be required for each separate building or structure.
E.
The applicant
for such permit shall deposit the sum of $1,000 with the Town Clerk
to ensure the removal of said building or structure upon the expiration
of the time period as set forth in the building permit. In the event
that said building or structure is not so removed, then the Building
Inspector or any deputy, assistant or employee of the Building Inspector's
office designated by him may enter upon any lands within the Town,
without hindrance, for the purpose of removing, destroying or otherwise
disposing of any such building or structure. The cost of such work
shall be charged to said cash deposit and the balance remaining, if
any, shall be remitted to the applicant at his last known address.
F.
Where
the plot plan shows the construction of more than one temporary building
or structure, the Town Board may require a deposit of only $1,000
for all of such construction, if said sum is deemed sufficient to
ensure the removal of all temporary buildings or structures, because
of the nature and extent of the same.
[Added 4-19-1994 by L.L. No. 13-1994]
A.
The provisions of a change or amendment hereafter adopted or adopted simultaneously herewith to this chapter, which provisions establish or increase lot areas, lot dimensions which are greater than or in excess of the lot areas or lot dimensions of the lots shown and delineated on a subdivision plat of land into lots for residential use and which said subdivision plat has been duly approved by the Planning Board by resolution of final approval (either conditional or unconditional), or which provisions establish or increase side, rear or front yard or setback requirements in excess of those applicable to building plots under the provisions of this chapter, in force and effect at the time of the final approval of said subdivision plat or first section thereof, shall not, for the period of time prescribed in Subsection B of this section, be applicable to or in any way affect any of the lots shown and delineated on such subdivision plat.
B.
The exemption provided for in such subdivision shall
apply for a period of at least six months after the adoption of the
resolution of final approval and shall expire upon expiration of any
final approval or extension thereof duly granted by the Planning Board,
and this exemption shall be in addition to the exemption provided
for in § 265-a Town Law.
