Village of Nyack - General Requirements

Building Height
(1) Measurement. The maximum height of a structure in feet shall be measured vertically from the existing grade to an imaginary plane located the permitted number of feet above and parallel to the existing grade. (See Figure 1.) For peaked roofs, height shall be measured to the midpoint of the roof. No portion of a peaked roof below the midpoint shall extend above said imaginary plane. For flat and mansard roofs, height shall be measured to the top of the roof. No portion of a flat or mansard roof shall extend above the imaginary plane.

Figure 1: Building Height

(2) Height exceptions for appurtenances. The height limitations contained in this code do not apply to the following:

(a) Church spires, belfries, cupolas, domes, monuments, observation towers, chimneys, smoke stacks, derricks, flagpoles, radio towers, masts and aerials, which shall not be used for human occupancy.
(b) Rooftop bulkheads, elevator penthouses, water towers, water tanks, monitors, fire towers, hose towers or cooling towers, air-conditioning or heating equipment, provided that such features shall be erected only to the height necessary to accomplish the purpose they are intended to serve, the total area covered by such features shall not exceed 10% of the horizontal area of the roof on which they are located and such features shall be grouped in no more than two locations on the roof, and provided that no such structures or appurtenances shall be used for sleeping or housekeeping purposes or for any commercial purposes.
(c) Parapet walls or cornices which do not exceed the maximum height requirement for the district in which they are located by more than four feet.
(d) Solar energy collectors, provided that such systems shall be erected only to the height necessary to accomplish the purpose they are intended to serve.

Character of Land; Conformity; Required Improvements
(1) Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, mud slides or other casualty.

(2) Conformity to Official Village Zoning Map and Master Plan. Subdivisions shall conform to the Official Map of the Village and shall be in harmony with the Master Plan.

(3) Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Village specifications, which may be obtained from the Village Engineer.

Development Incentives and Related Fees
A. Purpose. The purpose of the building floor area bonus program is to permit increases in allowable density in exchange for funding public improvements in a designated geographic area within the Village.

B. General regulations. Development incentive programs are available in the DMU-1 Downtown Mixed Use and WF Waterfront zoning districts by special permit only, subject to approval by the Village Board of Trustees.

C. Bonus floor area option.

(1) In the WF Waterfront Zoning District, the bonus floor area, height or other area or bulk provision shall not exceed the maximum allowable in § 360-2.5B(2)(c). Use of the development incentives in the WF District shall be dependent upon the payment of a fee, in addition to the provision of the amenities specified in § 360-2.5B(2)(c). The fee associated with a special permit to allow bonus floor area shall be calculated at a minimum of 10% of the market value of the bonus floor space proposed, as determined by the Town Assessor.

(2) In the DMU-1 Downtown Mixed Use District, use of the height incentive specified in § 360-2.4B(2)(b) may result in a fourth floor not allowed as of right. Any floor area created by the allowance of the fourth floor shall not result in total floor area that exceeds the maximum allowable under the DMU-1 District, as specified in Table 4-1 (Dimensional Standards). Use of the height incentive shall be dependent upon the payment of a fee, in addition to provision of the amenities specified in § 360-2.4B(3). Such fee shall be calculated at a minimum of 10% of the market value of any additional fourth-floor space proposed, as determined by the Town Assessor.

(3) All funds collected as part of any special permit to allow bonus floor area shall be kept by the Village in a separate account dedicated to one or more public improvements that will be specified when the special permit is granted. Said public improvements will be located in a specific geographic area within the Village as specified by the Planning Board and with regard to the location of the permitted bonus floor area.

Drainage Improvements
(1) Removal of spring and surface water. The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring or surface water that may exist either previous to, or as a result of, the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Village Engineer shall approve the design and size of such facility based on anticipated runoff from a one-hundred-year storm under conditions of total potential development permitted by the Zoning Chapter in the watershed.

(2) Responsibility for drainage downstream. The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Village Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a one-hundred-year storm, the Planning Board shall notify the Village Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said condition.

(3) Land subject to flooding. Land identified as a floodplain by any local, state or federal agency, or land deemed by the Planning Board to be uninhabitable, shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in accordance with flood zone regulations and in compliance with all applicable wetlands regulations, local, state or federal.

Effect of Establishment of Districts
A. All general regulations affecting the use of land or buildings are in the affirmative and no other or further use is to be made of land or buildings except that shown in the chapter as applying to the district in which the land or building is located.

B. No land or building shall hereafter be used or occupied and no building or any part thereof shall be erected, relocated, altered, used or occupied unless in conformity with the regulations herein specified for the district in which such land or building is located.

C. No building shall hereafter be erected, altered, relocated, used or occupied to be of greater height, to accommodate a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller front yards, rear yards, side yards or courts, than is specified herein for the district in which such building is located.

D. No part of a street frontage, yard or other open space required by or about any building for the purpose of complying with the provisions of this chapter shall be included or considered as part of a street frontage, yard or other open space required by or about any other building to comply with the provisions of this chapter.

E. No building shall hereafter be erected on a lot having less frontage on an official Village street or way than that required for the district in which it is located.

F. No lot shall be formed from part of a lot already occupied by a building if nonconformity of lot, yard or open space is thereby created or increased, and the remaining lot shall comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.

G. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been duly issued and the construction of which shall have been started before the date of first publication of notice of the public hearing on this chapter, and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which the entire building shall have been completed in accordance with such plans as have been filed within one year from the date of passage of this chapter.

Erosion and Sediment Control
(1) Preservation of natural features. While removal of vegetation for necessary structures and yard space is allowed, the development will preserve natural topography and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate of surface water runoff.

(2) Natural drainage patterns. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a protective feature, drainage patterns may be altered in a manner which reduces the threat to the natural protective feature and does not create other flooding or erosion problems.

(3) Diversion of stormwater. In no case shall stormwater be diverted to another property.

(4) Natural features for stormwater recharge. Natural land features, such as shallow depressions, shall be used, whenever possible, to collect stormwater on site for recharge. Under no circumstances, however, shall such a feature be used if subsurface conditions cause a stagnant pool to develop.

(5) Minimize paving. Site designs shall minimize impervious paving and walks.

(6) Stormwater discharge to surface waters. Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly.

(7) Retaining wetland vegetation. All wetland vegetation shall be retained. Development should not disturb freshwater or tidal wetlands either by direct removal of vegetation or substrate or by the alteration of adjacent slopes that would undermine the stability of the substrate.

(8) Subsurface sediments. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands.
(9) Elevation of wetlands. The elevation of wetlands shall not be altered.

(10) Discharge of pollutants. Pollutants shall not be discharged into wetlands or other lands or waters but shall be handled in accordance with all applicable laws and regulations.

(11) Construction near wetlands. Construction should not be located within 100 feet of the upland boundary of a freshwater or tidal wetland. This includes the introduction of impervious surfaces, roads, utility equipment and other infrastructure. An exception is made for a private dock, provided that no other opportunity for water access exists on the lot, except through wetlands. Wetland boundaries and the one-hundred-foot setback referred to in this subsection shall be identified on the plat as "conservation areas," and notes shall be placed on the plat that expressly prohibit accessory structures and uses in such areas.

(12) Fill not to encroach on watercourses. Fill shall not encroach on natural watercourses, constructed channels, wetlands or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement.

(13) Natural vegetative buffer. To the extent practicable, a natural vegetative buffer of 100 feet shall be maintained adjacent to surface waters and wetlands to absorb floodwaters and trap sediment.

(14) Trails and walking paths. Trails and walking paths along water bodies shall be sited and constructed so that they are not a source of sediment.

(15) Amount and velocity of runoff. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics, such that the development shall result in zero net incremental discharge of runoff from the development site. However, if the site is adjacent to coastal waters, stormwater shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters.

(16) Alteration of stormwater channels. Stream channels, natural floodplains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and floodgates. If no practicable alternative to the location of driveways, pathways and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount or velocity of stormwater entering the swale.

(17) Time limits for installation. All permanent (final) vegetation and structural erosion control measures called for in approved plans shall be installed within the time limits specified by the Planning Board.

(18) The plan shall include a note stating who is responsible for maintaining any drainage system and shall conform to the requirements of § 360-4.12, Stormwater pollution prevention.

(19) Green infrastructure. To the maximum extent possible, the amount and velocity of runoff from a site should be reduced through the use of sustainable stormwater management techniques which retain runoff and enable infiltration on the site. Such techniques are hereby referred to as green infrastructure, as defined in § 360-4.14C.

Fences, Walls and Hedges
A. General standards.

(1) All fences and fence installations shall comply with the following regulations:

(a) When a fence is designed to have a "front" and a "back," the "front" of the fencing shall face toward the closest property line, while the "back" of the fencing shall face toward the interior of the property upon which the fence is being erected.

(b) Fence height shall be measured from ground level at the fence post to the highest portion of the fence. However, when a fence is erected upon a man-made berm or wall, the height shall be measured from the base of the man-made berm or wall. For the purpose of measuring the height of retaining walls, any retaining wall within five feet of another wall shall be considered a single wall.

(c) Barbed wire or similar materials are prohibited.

(2) Hedges on corner lots shall be sufficiently low so that they do not interfere with view lines of drivers. This is enforced by the Building Inspector.

B. Maximum height.

(1) Residential and mixed-use districts.

(a) In the SFR, TFR, MFR, DMU-1, DMU-2, RMU, OMU and WF zoning districts the maximum height of fences, walls and hedges above grade shall be as follows:

[1] Front yard: three feet, six inches, except as provided in § 360-2.3E(4). The Building Inspector shall have the ability to decrease the permitted height and modify the location of fences, walls and hedges in the front yard on corner lots in order to account for site-specific conditions. In the WF zoning district, any yard bounded by a street line and/or a body of water shall be considered a front yard for the purposes of this subsection.
[2] Rear or side yard: six feet, six inches.

(b) Those portions of a fence located in the front yard shall not have more than 60% closed surface. Chain link fences shall not be permitted within a front yard.

(c) When necessary for security purposes, taller fences or hedges may be approved by the Planning Board as part of the site plan review process.

(2) CC and M Districts. Fences and walls in the CC and M zoning districts may be erected to a height not to exceed six feet above ground level in any yard. When necessary for security purposes, taller fences may be approved by the Planning Board as part of the site plan review process.

(3) WF District. In the WF zoning district the maximum height of fences, walls and hedges at edge of riverfront walkways shall be sufficient in height to prevent people from falling in the river and appropriate height and materials for fences that separate public walkway from private spaces.

Front Facade Area
The area of the front facade of a building shall be the total surface area, including any exposed foundations and projecting attic gables, but not including the roof.

Length of Building Wall
Walls intersecting at an interior angle of more than 135° shall be considered one building wall. To be considered a separate wall, a wall must have a break in the vertical with a minimum length and depth of at least 60 feet.

Lighting
A. Purpose. The purposes of the exterior lighting standards are to:

(1) Provide adequate light for safety and security;
(2) Promote efficient and cost effective lighting and to conserve energy;
(3) Reduce light pollution, light trespass, glare and offensive light sources;
(4) Provide an environmentally sensitive nighttime environment that includes the ability to view the stars against a dark sky; and
(5) Prevent inappropriate, poorly designed or installed outdoor lighting;

B. General standards.

(1) Any light source or lamp that emits more than 900 lumens (13 watt compact fluorescent or 60 watt incandescent) shall be concealed or shielded with a full cutoff style fixture with an angle not exceeding 90° to minimize the potential for glare and unnecessary diffusion on adjacent property.
(2) The maximum height of any lighting pole serving a residential use shall be 12 feet. The maximum height serving any other type of use shall be 15 feet, except in parking lots larger than five acres; the maximum height shall be 20 feet if the pole is located at least 100 feet from any residential use.
(3) No flickering, rotating or flashing lights shall be permitted, except for temporary decorative seasonal lighting.
(4) The Planning Board shall review lighting for safety, illumination levels and hours of operation. The Architectural Review Board shall review lighting for aesthetics considerations (i.e., the design of fixtures and their placement on the exterior of buildings or, if freestanding, impact on the buildings).

C. Maximum light levels. Lighting shall comply with the maximum light levels, measured in footcandles, shown in Table 4-3, below. Lighting levels at property lines adjacent to a public sidewalk or right-of-way may meet the maximum footcandles permitted for pedestrian walkways. Lighting for outdoor recreation facilities such as sports fields shall be determined by the Planning Board as part of the site review process. In no event shall any lighting shine into a state road right-of-way or parkland.

Table 4-3: Maximum Light Levels

Location	Residential Districts	Nonresidential Districts
Property line	1.0	2.0
Building entries	5.0	5.0
Parking areas	3.0	5.0
Pedestrian walkways	3.0

Lot Requirements
A. Lot requirements.

(1) The minimum lot area, width and depth requirements are intended to ensure that a lot is of a size, width and frontage that is appropriate for the uses permitted in the subject zoning district and will ensure, in most cases, that the other site development standards of this chapter can be met. The lot area per dwelling unit standards control the intensity of use on a lot to ensure consistency and compatibility of new dwellings with the surrounding development.

(2) Existing legally established lots containing a single-family detached dwelling that fail to meet changes to the minimum lot area, width and depth requirements established as of [Adoption Date] shall be considered conforming despite such deficit. Any future subdivision or addition of additional dwelling units shall require full conformance with the lot area, width and depth requirements, except as authorized by a variance.

Maximum Building Coverage
The maximum building coverage standard helps to define the size of accessory buildings in the SFR and TFR Districts by limiting the land area that can be covered by them. This standard works in conjunction with the maximum floor area standard for the principal building and with setback requirements to determine how built-up a neighborhood appears. The maximum building coverage standard establishes the percentage of the total area of a lot that can be covered by the accessory buildings.

Maximum Floor Area Ratio
(1) The floor area ratio or FAR regulates how intensely a site may be used. The FAR provides a means to match the potential amount of use with the desired character of the area. The FAR, along with the height and setback standards, control the overall bulk of development on a site. The FAR listed in Table 4-1 is the maximum amount of floor area within the building or buildings on a lot in relation to the amount of lot area, expressed in square feet. For example, if the maximum FAR is 2, then a lot may contain up to two square feet of building floor area for every one square foot of lot area.

(2) In all applicable zoning districts, the FAR applies to the sum of all buildings on the lot.

(3) Exceptions. The following areas shall not be computed for determination of FAR:

(a) Any attic space with a floor-to-ceiling height of less than seven feet.
(b) Cellar and basement areas as defined in the Village Code and storage areas with the exception of habitable space.
(c) Any areas or structures devoted to accessory off-street parking or loading.
(d) Mechanical and utility rooms such as trash rooms, electrical rooms, boiler rooms, emergency generator rooms and similar spaces for the operation of the building, but in-dwelling unit mechanical spaces are not excluded.
(e) Unenclosed porches, terraces, porticos and balconies.
(f) Elevator and stair rooftop bulkheads.

Natural and Scenic Resource Protection Standards
The purpose of this section is to protect and enhance the natural and man-made features that contribute significantly to the Village's scenic quality and character, including: varying topography and hillsides, floodplains, wetlands, significant trees, view corridors and historic sites and areas.
A. General site design requirements.

(1) To the maximum extent practicable, where significant natural features or areas of historic or cultural value exist on a property or an adjacent property, an applicant shall give priority to their preservation by locating new development away from those features or areas.

(2) Priority for protection shall be given to the following features (not listed in order of significance):

(a) Slopes of greater than 25%;
(b) Views to the Hudson River and within other significant view corridors;
(c) Mature trees, specimen trees and significant stands of trees and vegetation;
(d) Floodplains, watercourses and natural drainageways;
(e) Wetlands;
(f) Historic, cultural or archeological sites, buildings or areas recognized by the Village or another government agency as significant; and
(g) Other significant and/or unique features.

(3) Priority should be given to erosion and sediment control and the employment of sustainable development techniques.

(4) Land use and development shall be designed in a manner that preserves the natural topography of the site and minimizes the use of cut and fill, as determined by the Planning Board through the site review process.

Nonconformities
A. Intent.
The regulations of this section govern nonconformities, which are uses, buildings or signs that were lawfully established but, because of the adoption of new or amended regulations, no longer comply with one or more requirements of this chapter. In older communities, such as the Village of Nyack, many buildings and uses that were established in compliance with all regulations in effect at the time of their establishment have been made nonconforming by Zoning Map changes (rezoning) or amendments to the Zoning Chapter text. The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with illegal buildings and uses (those established in violation of zoning rules). The regulations are also intended to:

(1) Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;
(2) Promote maintenance, reuse and rehabilitation of existing buildings; and
(3) Place reasonable limits on nonconformities that have the potential to adversely effect surrounding properties or the community as a whole.

B. Determination of nonconformity status. The burden of proof for establishing that a use, structure or lot is a legal nonconformity rests with the subject landowner.

C. Maintenance and restoration of nonconforming structures.

(1) Nonconforming structures must be maintained to be safe and in good repair. Incidental repairs and normal maintenance necessary to keep a nonconforming structures in sound condition are permitted, consistent with all permit or approval requirements of this chapter and the Village of Nyack Code.
(2) Normal maintenance, repair or reconstruction in kind of a building which houses a conforming use but is nonconforming as to the dimensional standards of Table 4-1, is permitted if same does not increase the degree of an existing nonconformity or create any new nonconformity.
(3) Nothing in this chapter shall be deemed to prevent normal maintenance and repair of any nonconforming structure. If structural alterations or demolitions are necessary in the interest of public safety that would have the effect of increasing the degree of or creating any new nonconformity, a building permit shall be required. In granting such a permit, the Building Inspector shall state the precise reason why such alterations were deemed necessary.

D. Nonconforming uses. Any nonconforming use may be continued indefinitely, but:

(1) Shall not be enlarged, extended, reconstructed or placed on a different portion of the lot, nor shall any external evidence of such use be increased by any means whatsoever.
(2) Shall not be changed to another nonconforming use without a special permit from the Zoning Board of Appeals and then only to a use that, in the opinion of said Board, is of the same or a more restricted nature.
(3) Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more, or has been changed to, or replaced by, a conforming use. Intent to reestablish a nonconforming use shall not confer the right to do so.
(4) Shall not be restored for other than a conforming use after damage from any cause exceeding 50% of the replacement cost of such building, exclusive of foundations, as determined by the Building Inspector. Any such building damaged to a lesser extent may be restored but not enlarged if application for a building permit is made within six months of such damage and the nonconforming use reinstated within one year thereafter; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.

E. Nonconforming buildings.
The alteration, enlargement or horizontal extension of a building that is nonconforming with respect to dimensional and development standards, as specified in Article IV: Development Standards of this chapter, is permitted unless the degree of the existing nonconformity of the building is increased by such alteration, enlargement or horizontal extension. Increasing the height of a wall or roof that is nonconforming shall be deemed to be an increase in the degree of nonconformity.

F. Nonconforming signs.

(1) A nonconforming permanent sign, except for a freestanding sign in place at the time of enactment of this chapter, must be removed within 24 months of the enactment of this chapter.
(2) All nonconforming temporary signs shall be removed within 30 days of the passage of this chapter.
(3) The maintenance of such nonconforming signs may be permitted, but any sign once removed for purposes other than maintenance shall be deemed permanently removed and may be replaced only in accordance with the provisions of this section.

Off-Street Loading
Off-street loading berths.
A. Loading berth required. Any nonresidential use with a gross floor area of 25,000 square feet or more shall provide one off-street delivery/loading space. The requirements related to loading berths may be modified by the Planning Board if the property owner demonstrates that the use of the building does not require an off-street loading space and that the safety of pedestrians, motorists and bicyclists is not impaired, and may be increased in the number of spaces required by the Planning Board if the Planning Board determines that there is evidence that the proposed use is of such a nature as to require more than one delivery/loading space.

B. Size, location and access. Unless otherwise specified, each required loading berth shall be at least 15 feet wide, 45 feet long and 14 feet high if enclosed. Unobstructed access at least 15 feet wide to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection C, below. No entrance or exit for any loading berth shall be located within 50 feet of the intersection of any two street lines.

C. Joint facilities. Permitted or required loading berths may be provided in spaces designed to serve jointly two or more adjacent establishments. At the discretion of the Planning Board, the number of required berths in such joint facilities may be reduced below the individual requirement for each use.

Parking Requirements
A. Purpose. See § 360-4.5A for details.

B. Applicability. The parking requirements of this section shall apply to new development, expansions and increases in building size or density, and changes of use, as follows:

(1) New development. Unless otherwise expressly stated, the parking standards of this section apply to the development of all new principal and accessory buildings on a site.

(2) Expansions and enlargements in building size, density or use.

(a) Nonresidential uses.

[1] Unless otherwise expressly stated, the parking standards of this section apply when an existing nonresidential building or nonresidential use is expanded or enlarged by 15% or more in floor area.
[2] If the expansion of a nonresidential building or use triggers requirements for additional parking, such additional off-street parking spaces are required only to serve the enlarged or expanded area, not the entire building or use.

(b) Residential uses. The parking standards of this chapter apply whenever additional dwelling units are added to an existing parcel or to a newly created parcel. In all such cases, additional off-street parking is required only to serve the additional dwelling units. Existing off-street parking deficits are not required to be reduced or eliminated when additional dwelling units are added to an existing parcel. However, existing accessory parking may not be reduced to be less than, or if already less than, may not be reduced further below the minimum required parking standards set forth in Table 4-2: Minimum Parking Requirements. The intent of this provision is to ensure both that existing parking deficits in residential buildings are not increased as a result of additions and that existing deficits are not a deterrent to investment in existing properties.

(3) Change of use. When the use of a lot or building changes, additional off-street parking facilities must be provided when the number of parking or loading spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the building, based on the minimum parking standards of this Zoning Chapter. In other words, the owner must provide (or receive a variance for) parking equal to the difference between the parking requirement for the existing use and the parking requirement for the new use, not the difference between the actual existing parking and the parking requirement for the new use.

C. Minimum parking requirements.

(1) Purpose. The minimum parking standards are intended to provide enough off-street parking to accommodate the typical demand for parking generated by the range of uses on a site, particularly in areas where sufficient on-street parking is not available. They are also intended to provide adequate parking on a site to prevent parking for nonresidential uses from encroaching into adjacent residential neighborhoods. The character of the DMU-1 and DMU-2 zoning districts allows for lower parking requirements in some cases.

(2) Minimum parking required. Except as specifically modified by the provisions of this chapter, the minimum number of accessory off-street parking spaces that must be provided is established for each use by Table 4-2, entitled "Minimum Parking Requirements," appended to this chapter as 360 Attachment 3 ("Table 4-2"). Accessory off-street parking ("AOSP") shall not be required for commercial uses, and adaptive reuse projects, within the DMU-1 zoning district ("zone" or "district"). The minimum AOSP requirements established in this chapter shall not apply to the first four residential/dwelling units in the DMU-1 district. Any land that is developed as a unit, under single ownership and control, shall be considered a single lot for the purpose of these regulations. In cases of conversion of an existing floor from commercial to residential (or increasing existing residential/dwelling units to a greater quantity of residential/dwelling units), the standard AOSP requirements will apply to all residential/dwelling units in excess of four units; and, in cases of additional newly constructed floors, the standard AOSP requirements will apply to all residential/dwelling units in excess of four units.

(3) Rules for computing minimum parking requirements.

(a) Where a fractional space results, the number of parking spaces required is the closest whole number. A half space will be rounded down.

(b) In the case of mixed uses, the number of parking spaces required is equal to the sum of the requirements for the various uses computed separately.

D. Areas computed as parking spaces. See § 360-4.5D for details.

E. Location and ownership of required accessory parking facilities. See § 360-4.5E for detailed information.

F. Size of spaces. A parking space shall measure a minimum of nine feet in width and 18 feet in length, exclusive of standing area and aisles for maneuvering. Entrance and exit roadways shall not be computed as parking space except for one-family and two-family dwellings as in § 360-4.5D.

G. Access.

(1) Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces, and at least two ten-foot lanes for parking areas with 20 spaces or more.
(2) No access shall exceed a total width of 24 feet. No entrance or exit for any accessory off-street parking area with over 10 parking spaces shall be located within 50 feet of the intersection of any two street lines.
(3) No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.

H. Drainage and surfacing. All open parking areas shall be properly drained and all such areas of over 10 spaces shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family dwellings. Whenever practicable, use pervious materials to surface open parking spaces.

I. Joint facilities. Required parking spaces may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not be less than the total required for all such establishments. In the CC District, parking areas shall be designed for shared use with neighboring properties to the greatest extent feasible.

J. Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when other use or uses is not or are not in operation, the Zoning Board of Appeals may reduce the total parking spaces required for the use with the least requirement.

K. Parking area landscaping. See § 360-4.5K for details.

See § 360-4.5: Parking and loading for complete, detailed information.

Parks, Open Space and Natural Features
(1) Recreation areas shown in the Comprehensive Plan. Where a proposed park, playground or open space shown on the Comprehensive Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat. Dedication of such areas shall be offered to the Village.

(2) Reserve strips prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property or to any land within the subdivision itself, shall be prohibited.

(3) Preservation of natural features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, waterfront areas, historic spots, vistas and similar irreplaceable assets, including view corridors to the Hudson River along public rights-of-way. No significant tree shall be removed unless such tree is within the right-of-way of a street as shown on the final subdivision plat. Removal of additional trees shall be subject to the approval of the Planning Board. In no case, however, shall a significant tree be removed without prior approval by the Planning Board.

(4) A subdivider shall provide the Planning Board with all information available regarding historic resources that may exist on the subject property. The Planning Board shall consider all information about historic resources, whether submitted by the subdivider or obtained from another source, and shall require the design of the subdivision to be such that significant historic resources, including their contributing features and landscapes, will be preserved to the extent possible.

Project Phasing and Improvements
A. Any public amenity, improvement, or infrastructure upgrade (public benefit feature) to be included as part of one or more phases of a proposed site development plan, special permit, or subdivision (development action) must be completed simultaneously to the corresponding phase of that development action. Public benefit features proposed to accompany a phase of a development action include:

(1) The provision of street improvements such as street signs, sidewalks, streetlights, curbs, gutters, street trees, and parking spaces for long-term use beyond that which is required to serve the specific development action and designed to enhance streetscapes, traffic flow and connectivity in the Village.

(2) The provision of special design amenities available for public use and enjoyment which would enhance the function and/or appearance of the Village, including, but not limited to, pedestrian linkages, walking trails, plazas, fountains, artworks, seating and other passive recreation areas, special landscape design features and other such similar improvements; conversely, the removal of existing features which detract from the function and/or appearance of said area, including, but not limited to, overhead utility lines, unattractive structures and other such features.

(3) The provision of indoor or outdoor recreation amenities available to the general public.

(4) The provision of water mains, fire alarm signal devices, including necessary ducts and cables or other connecting facilities, sanitary sewers and storm drains or combined sewers.

B. Requirements. Any development project proposed to be constructed in one or more phases must include a phasing plan, in accordance with § 360-4.12: Stormwater pollution prevention, which outlines the provision of all public benefit features corresponding with each phase of the proposed action. Upon completion of a development phase, no certificate of occupancy or temporary certificate of occupancy shall be granted for a project until the public benefit features coinciding with the completion of that phase are finalized.

Residential District Design Standards
(1) Purpose. The standards of this section are intended to promote high-quality residential development and construction; protect property values; encourage visual variety and architectural compatibility; and promote an integrated character for the Village's neighborhoods. Specifically, the standards shall:

(a) Provide variety and visual interest in the exterior design of residential buildings;
(b) Provide for a variety of lot sizes and housing types for a range of households and age groups;
(c) Enhance the residential streetscape and diminish the prominence of garages and parking areas;
(d) Enhance public safety by preventing garages from obscuring main entrances or blocking views of the street from inside dwellings; and
(e) Improve the compatibility of attached and multifamily residential development with the residential character of surrounding neighborhoods.

(2) Orientation of dwellings to the street. Each residential building shall have at least one primary pedestrian doorway for access to the dwelling located on the elevation of the dwelling facing the front lot line of the property, and clearly visible from the street or public area adjacent to the front lot line. On corner lots, the pedestrian doorway may be located facing any adjacent street. Unless prohibited by terrain or other site constraints, the orientation of new buildings and alterations shall repeat the predominant relationship of buildings to buildings and buildings to street along the same block face or the facing block face. An exception shall be made for single-family detached dwelling units that do not have street frontage but do front onto a park or parklike common open area. In such case where the dwelling unit does not have street frontage, one primary pedestrian doorway shall be oriented toward a pedestrian walk in the park that connects to a street.

(3) Garages.

(a) Detached garages are preferable to attached garages. Detached garages shall comply with the requirements for accessory buildings and structures contained in § 360-3.2E(1).
(b) Garage doors for attached garages shall face the side or rear of the lot when possible.
(c) When garage doors for an attached garage cannot be designed to face the side or rear of the lot, such garage doors may face the street in accordance with the following requirements:

[1] Garage doors for an attached garage facing the street shall be set back a minimum of four feet behind the front facade of the dwelling portion of the structure.
[2] Garage doors for an attached garage facing the street shall not comprise more than 15% of the front facade of a principal dwelling structure that is greater than one story in height, or 25% of the front facade of a principal dwelling structure that is one story in height.

(4) Corner lots.

(a) Obstruction to vision at street intersections. At all street intersections in all residential districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection. The Building Inspector shall have the ability to decrease the permitted height and modify the location of fences, walls and hedges in the front yard on corner lots in order to account for site-specific conditions.
(b) Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard, and the other or others, side yards. The minimum district requirements for each shall be complied with.

(5) Sidewalks. Sidewalks conforming to Village specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot in the residential zoning districts. The sidewalk material shall be continuous through the drive.

Screening
Any nonresidential use located on a lot within 25 feet of a residential district boundary shall be screened along any such lot line. Screening shall consist of a type of fencing or a hedge of such type and spacing as may be required by the Planning Board of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residential district.

Setbacks
Setbacks are a required horizontal distance between a building and any lot line. The combination of front, rear and side setbacks define an area, known as the "building envelope," in which buildings are permitted by right. The area between the lot line and the building is known as a "yard," the minimum depth of which is prescribed by the setback requirement.
(1) Required setbacks. Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure, except as permitted below.
(2) District boundaries. Where the side or rear of any lot abuts a district boundary line, that abutting rear or side setback shall have the dimensions required by the more restrictive of the two adjoining districts.
(3) Exceptions. The following structures may project into required front, side or rear yards without the requirement of a variance or special permit, as follows:

(a) Accessory buildings. An accessory building may be located in a required side or rear yard, subject to the requirements of § 360-3.2E.
(b) Incidental architectural features. Cornices, cantilevered roofs, eaves, canopies, sunshades, gutters, window wells, chimneys, belt courses, headers, sills, pilasters, lintels, ornamental features and other similar architectural features may project not more than two feet into any required yard.
(c) Fences, walls or hedges. Fences or walls may only project into a required yard in accordance with the requirements of § 360-4.9: Fences, walls and hedges.
(d) Terraces, steps and walks. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.
(e) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building may project into a required yard when the building otherwise complies with the regulations of this section. In computing the average front setback, the presence of such entries and porticos shall be ignored.
(f) Average front setbacks. No proposed one-family or two-family dwelling need have a front yard greater than the average setback of the two adjacent existing dwellings if they are located within 100 feet on each side of the said proposed dwelling, on the same side of the street and within the same block and the same zoning district.

Street Design
(1) Widths of rights-of-way. Streets shall comply with the minimum right-of-way widths as set forth in the Highway Law. Any variation from these requirements shall require a variance from the Zoning Board of Appeals.

(2) Improvements. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, streetlights and signs, street trees and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Pedestrian easements shall be improved as required by the Village Engineer. Such grading and improvements shall be approved as to design and specifications by the Village Engineer.

(3) Utilities in streets. The Planning Board shall require that all utilities be installed underground, and, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.

(4) Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual, unobstructed easements shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block-to-block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.

(5) Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1/2% nor more than 6% for major or collector streets, or 10% for driveways or minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.

(6) Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius that clear visibility shall be provided for a safe distance.

(7) Steep grades and curves; visibility of intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, a portion of any corner lot as determined by the Planning Board shall be cleared, whether at an intersection entirely within the subdivision or of a new street with an existing street, except of isolated trees and obstructions above the level 30 inches higher than the center line of the street. If directed, ground shall be excavated to achieve visibility. A minimum distance of 50 feet shall be maintained between public road intersections and any proposed driveway.

(8) Dead-end streets (culs-de-sac). Dead-end streets should, in general, not exceed 500 feet in length and shall terminate in a circular turnaround having a minimum right-of-way radius of 50 feet and pavement radius of 40 feet.

(9) Watercourses. Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of a design approved by the Village Engineer. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Village Engineer.

(10) Curve radii. In general, street lines within a block, deflecting from each other at any one point by more than 10° shall be connected with a curve, the radius of which for the center line of street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.

Street Layout

(1) Width, location and construction. Streets and any other type of access to subdivided lots shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective traffic and to afford access for fire-fighting, snow removal, solid waste removal and road maintenance equipment.

(2) Arrangement. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system and conform to the Master Plan. The arrangement of streets shall provide for the continuation or projection of principal streets to adjoining subdivisions and the accommodation, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.

(3) Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.

(4) Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements in these regulations.

(5) Dead-end streets. The creation of dead-end or cul-de-sac residential streets shall be discouraged. If such an arrangement is determined to be appropriate, the Board may require the reservation of an easement to provide for continuation of pedestrian traffic and utilities to the next street.

(6) Block size. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of an easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide paved footpath shall be included.

(7) Intersections with collector or major arterial roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.

(8) Street jogs. Street jogs with center line offsets of less than 125 feet shall be avoided.

(9) Angle of intersection. In general, all streets shall join each other so that for a distance of at least one feet the street is approximately at right angles to the street it joins.

(10) Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.

Street Names
(1) Type of names. All street names shown on a preliminary plat shall be approved by the Planning Board. Streets shall have names, and not numbers or letters.

(2) Names to be substantially different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names. Streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. No street should change direction by more than 40° without a change in street name.

Street Trees
Except as modified by the Planning Board, any application for property located in the DMU-1, DMU-2, RMU, OMU or CC zoning district meeting the applicability requirements of § 360-4.5B, above, shall provide one deciduous or ornamental street tree for every 40 linear feet of street frontage or portion thereof, with a minimum of two trees per lot for lots that have a minimum width of 60 feet. Street trees shall be planted within the tree lawn portion of the right-of-way with adequate spacing to allow for the mature spread of the trees. When a tree lawn is not provided, trees shall be planted within 10 feet of the back of curb.

Subdivision Lot Requirements
Lot Requirements.

(1) Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with the Zoning Chapter there will be no foreseeable difficulties for reasons of topography or other natural conditions.

(a) All lots shall have frontage on an improved public street or highway. Any variation from this frontage requirement shall require a variance from the Zoning Board of Appeals. It is a stated purpose of this chapter to prohibit flag-shaped lots, and the Board of Trustees specifically finds that the Village of Nyack has been developed with traditional lots fronting public streets, such that allowing development behind existing structures would change the character of Village streets. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
(b) Lots must accommodate off-street parking.

(2) Consolidation of lots. Subdivision approval shall be required for the merger or consolidation of lots. Applicants seeking to consolidate lots shall demonstrate that such consolidation will not result in lot sizes that are inconsistent with the established character of the surrounding area. Such applications shall be viewed more favorably in nonresidential areas located along state highways and less favorably in residential and/or more densely developed areas.

(3) Sidelines. All sidelines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.

(4) Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.

(5) Driveway access. Driveway access and grades shall conform to requirements established in each case by the Village Engineer. Driveway grades between the street and the setback line shall not exceed 10% whenever possible.

(6) Access from private streets. Access from private streets is prohibited.

(7) Monuments and lot corner markers. Permanent monuments, meeting specifications approved by the Village Engineer as to size, type and installation, shall be set at such block corners, angle points, points of curves in streets and other points as the Village Engineer may require, and their location shall be shown on the subdivision plat.

(8) Submerged lands, land in floodplains, lands which are burdened by an easement of any kind, and lands with more than a 25% slope shall be specifically excluded from calculations of minimum lot area requirements. Additionally, any severe or deep "V" corners in proposed lots should be avoided, and any narrow necks (20 feet or less) shall be excluded from lot area calculations.

Sustainability
A. Purpose. See § 360-4.14A for details.

B. Applicability. This chapter applies to all residential, mixed use, commercial and office uses in the following zoning districts: DMU-1, DMU-2, RMU, OMU, MFR-1, MFR-2, MFR-3, WF and CC.

C. Definitions. See § 360-4.14C for terms associated with sustainability.

D. Density bonus incentives.

(1) An applicant may apply to the Planning Board for one or more density bonuses in exchange for meeting the standards for the specific amenities being provided. The Planning Board at its discretion and subject to compliance with any specified standards may, in its discretion and taking into account appropriateness of the total density achieved through the use of the density bonus incentives in the context of the site development plan and the surrounding neighborhood, grant the density bonus as set forth herein in exchange for the applicant providing one or more of the following sustainability amenities.

(2) Each amenity listed under Subsection E, below, shall be eligible for a density bonus in the allowable number of residential units in the underlying zoning district as follows: (1) 5% for the use of permeable paving, exceeding the NYS Energy Code by 10%, rain gardens and rainwater harvesting, repurposing of materials; (2) 10% for brownfield remediation, solar panels, geothermal energy and daylighting the Nyack Brook, and (3) 15% for green roofs due to the higher initial cost of implementation. The density bonus shall not exceed 25% of the allowable number of units in the underlying district excluding the affordable/workforce housing bonus under § 120-1: Affordable/workforce housing.

(3) For commercial and office uses in the CC and OMU Zoning Districts, the density bonus for any individual sustainable amenity would be a 0.10 increase in FAR. The bonus for the installation of a green roof would be a bonus of one square foot for every square foot of green roof provided. The total increase in FAR shall not exceed 0.75 in the CC and OMU Zoning Districts.

(4) The bonus permitted under this chapter is a bonus in permissible density only and does not authorize deviation from or enlargement of any bulk restrictions.

E. Allowable sustainability amenities eligible for density or applicable FAR bonus under this chapter. The following are allowable sustainability amenities eligible for density or applicable FAR bonuses:

(1) Brownfield remediation. Environmental remediation work conducted on site that is not already substantially subsidized by state or other funding but is required for the development to take place.

(2) Thirty-percent permeable surfaces. If paving is installed as part of a new residential construction project for walkway, patios or uncovered parking, at least 30% of it must be permeable.

(3) Exceeding the New York State Energy Code by 10%, including but not limited to high-density insulation, installation of high-efficiency windows and HVAC systems, LED lighting, provision of white roofs. This shall require qualified third-party verification to the building department.

(4) Provision of rain gardens and/or water harvesting techniques. The provision of rain gardens and/or water harvesting techniques shall be designed in accordance with the NYS Stormwater Management Design Manual and review and approved by the Village Engineer.

(5) Provision of solar collection panels and/or geothermal energy.

(6) Daylighting of Nyack Brook where appropriate and applicable based on review by the Planning Board.

(7) Provision of green extensive eco-roof. See § 360-4.14E(7) for details.

(8) Repurposing of materials. The following standards must be achieved to provide this amenity:

(a) Development of a construction and demolition waste management plan identifying diversion goals, relevant construction debris and materials to be diverted, implementation protocols and parties responsible for implementing the plan.
(b) Provide a final report detailing all waste streams generated and diversion rates.
(c) At least 50% of nonhazardous construction and demolition debris must be recycled or salvaged.

See § 360-4.14: Sustainability for complete, detailed information.

Village of Nyack, NY

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