f) · 2020. 10. 5. · cde n nett@b ri a rc i iffma nor. o rq. httos ://us0 2web zoom...

AGENDATUESDAY OCTOBER 6.2020

BOARD OF TRUSTEESVILLAGE OF BRIARCLIFF MANOR, NEW YORK

REGULAR MEETING - 7:30 PM

Due to COVID-19 concerns the meeting will be held via Zoom and alsostreamed live on https://briarclifftv.viebit.com. Email comments you haveprior to the meeting to [email protected] orcde n nett@b ri a rc I iffma nor. o rq.

httos ://us0 2web zoom us/i/8970957885 1 ?owd =Wi9oVH BvTC9 RQVc0Tl N RLvtJTWhBUTOg

Meeting lD: 897 0957 8851Passcode: 855569

Dial by your location+1 929 205 6099 US (New York)

Pledge of Allegiance

1. Continuation of Public Hearingsa) Amend Chapter 220-2, Zoning Definitionsb) Amend Chapter 220-3, Zoning Districts and Mapsc) Amend Chapter 220-4 Schedule Controlling Lands and Buildingsd) Amend Chapter 220-5, Planned Office and Laboratory B Districte) Amend Chapter 220-6, Special Permit Usesf) Amend Chapter 220 to add a new section 9.4 entitled "Wireless

Telecommunication Services Facilities"g) Amend Chapter 220,Table 1, Permitted Principal and Accessory Usesh) Amend Chapter 22O,Table 3, Permitted Principal and Accessory Uses

(Commercial)i) Amend Chapter 22O,Table 4, Permitted Lot Sizes, Setbacks, Height

Req uirements (Commercial)j) Amend Chapter 22O,Table 5, Exceptions and Modificationsk) Amend Chapter 172, Signsl) Amend Chapter 195, Taxationm) Amend the Comprehensive Plan related to the BZone

2. Public Hearings. Amend Chapter 207-8, U-Turns. Amend Chapter 207-32, Parking at the Scarborough Station. Amend Chapter 131 , Wetlandso Chapter 164, Public Assemblies, Parades and Celebrations

Board of Trustees AnnouncementsVillage Managers ReportVillage Engineer's ReportCommittee ReportsPublic Gomments

3. Authorize Village Manager to Execute Agreement with the Town of Ossiningfor Fire Protection

4. Budget Transfers

5. Minutes

6. Executive Session

NEXT REGULAR BOARD OF TRUSTEES MEETING - TUESDAY, OCTOBER20,2020

VILLAGE OF BRIARCLIFF MANORBOARD OF TRUSTEES AGENDA

ocToBER 6,2020

1 CONTINUED PUBLIC HEARINGS

RESOLUTIONS PROVIDED IN THE EVENT THE BOARD WISHES TOADOPT.

a) BE lT RESOLVED that the proposed local law to amend Chapter 220-2,Zoning Definitions of the Code of the Village of Briarcliff Manor is herebyadopted.

b) BE lT RESOLVED that the proposed local law to amend Chapter 220-3,Zoning Map and Districts of the Code of the Village of Briarcliff Manor ishereby adopted.

c) BE lT RESOLVED that the proposed local law to amend Chapter 220-4,Schedule Controlling Lands and Buildings of the Code of the Village ofBriarcliff Manor is hereby adopted.

d) BE lT RESOLVED that the proposed local law to amend Chapter 220-5,Planned Office and Laboratory B District of the Code of the Village ofBriarcliff Manor is hereby adopted.

e) BE lT RESOLVED that the proposed local law to amend Chapter 220-6,Special Permit Uses of the Code of the Village of Briarcliff Manor is herebyadopted.

0 BE lT RESOLVED that the proposed local law to amend Chapter 220toadd a new section 9.4 entitled "Wireless Telecommunication ServiceFacilities" of the Code of the Village of Briarcliff Manor hereby adopted.

g) BE lT RESOLVED that the proposed local law to amend Chapler 220,Table 1, Permitted Principal and Accessory Uses of the Code of theVillage of Briarcliff Manor is hereby adopted.

h) BE lT RESOLVED that the proposed local law to amend Chapter 220Table 3, Permitted Principal and Accessory Uses (Commercial) of theCode of the Village of Briarcliff Manor is hereby adopted.

i) BE lT RESOLVED that the proposed local law to amend Chapter 220Table 4, Permitted Lot Sizes, Setbacks, Height Requirements(Commercial) of the Code of the Village of Briarcliff Manor is herebyadopted.

j) BE lT RESOLVED that the proposed local law to amend Chapter 220,Table 5, Exceptions and Modifications of the Code of the Village ofBriarcliff Manor is hereby adopted.

k) BE lT RESOLVED that the proposed local law to amend Chapter 172,Signs of the Code of the Village of Briarcliff Manor is hereby adopted.

l) BE lT RESOLVED that the proposed local law to amend Chapter 195,Taxation of the Code of the Village of Briarcliff Manor is hereby adopted

m) BE lT RESOLVED that the amendments to the Comprehensive Planrelated to the B Zone are hereby adopted.

OR

BE lT RESOLVED that the Public Hearing for the following Chapters is herebyclosed.

a) Amend Chapter 220-2, Zoning Definitionsb) Amend Chapter 220-3, Zoning Districts and Mapsc) Amend Chapter 220-4 Schedule Controlling Lands and Buildingsd) Amend Chapter 220-5, Planned Office and Laboratory B Districte) Amend Chapter 220-6, Special Permit Uses0 Amend Chapter 220 to add a new section 9.4 entitled "Wireless

Telecommunication Services Facilities"g) Amend Chapter 220,Table 1, Permitted Principal and Accessory Usesh) Amend Chapter 220,Table 3, Permitted Principal and Accessory Uses

(Commercial)i) Amend Chapter 220,Table 4, Permitted Lot Sizes, Setbacks, Height

Requirements (Commercial)j) Amend Chapter 220,Table 5, Exceptions and Modificationsk) Amend Chapter 172, Signsl) Amend Chapter 195, Taxationm) Amend the Comprehensive Plan related to the BZone

CT Zone Primer An Overview of Changes as the B/BT Zones are Rezoned as CT Zones

Prepared by the Board of Trustees

July, 2020

Steven A. Vescio, Mayor

Peter Chatzky, Deputy Mayor

Kevin Hunt, Trustee

Edward Midgley, Trustee

Sabine Werner, Trustee

The current Board of Trustees has spent the last 15 months working to revitalize the

five corporate campus properties formerly known as the B Zone properties, and now

labeled Complementary Transition, or CT Zone, properties. During that time, we

placed a moratorium on any new development proposals for these properties, which is

set to expire in September.

Since commercial districts comprise only 6% of Village land, it’s crucial to maintain

these parcels for tax-generating commercial use that will have minimal impact on local

schools, roads, water, and local infrastructure. We updated many sections of our

Village Code to encourage more use of these properties, many of which have sat idle or

been underutilized for years.

After reviewing the work of the B Zone Advisory Committee (comprised of six VBM

residents), examining commercial uses and market trends in neighboring

communities, engaging the expertise of noted planners, our Building Department and

legal counsel, reviewing studies of the Scarborough Corridor, traffic, and

infrastructure, and fleshing out creative ideas of our own, the Village Board is now

awaiting additional feedback from residents, our local Village Planning and Zoning

Boards, and Westchester County Planners, so that we can finalize these proposed

changes.

As a result of this analysis, the Board of Trustees is proposing changes to the

following:

• Comprehensive Plan of the Village of Briarcliff Manor

• Chapter 195 Taxation

• Chapter 220 Table 3 Permitted Principal and Accessory Uses (Commercial)

• Chapter 220 Table 4 Permitted Lot Sizes, Setbacks, Height Requirements

(Commercial)

• Chapter 220-2 Definitions

• Chapter 220-3 Districts

• Chapter 220-4 Schedule Controlling Lands and Buildings

• Chapter 220-5 Modifications to Zoning

• Chapter 220-6 Special Permit Uses

• Chapter 220-9.4 Wireless telecommunications services facility

Housekeeping changes were made to:

• Chapter 172 Signs

• Chapter 127 Flood Damage Prevention (Definition of elevated building)

• 220 Table 5 Exceptions and Modifications

The last three items above relate to simple changes renaming the B/BT Districts to CT

Districts, or in the case of the last, eliminating items that no longer apply.

The language of the Village’s 2007 Comprehensive plan amendment was updated to

reinforce the long-standing goal of increasing the Village’s commercial tax base and

retaining the five Business zone (B Zone) properties for commercial use. The zone

names were updated to Complementary Transitional (CT) and, since each zone has

unique features, topography, acreage, and access, specific uses and limitations were

determined for each zone. These CT Zone parcels represent 60% of the commercially

zoned acreage in the Village, so it is critical to retain them for commercial uses that

typically have much less impact on Village resources. A healthy mix of residential and

commercial taxpayers is essential for the long-term financial health of the Village and

to stem any additional tax burden on residential property owners.

Previously, these five properties were permitted as sites for very limited uses,

specifically single-tenant office and laboratory (research) facilities. To make these

properties more attractive and viable as commercial sites, the BOT significantly

changed Chapter 220 to allow the consideration of new commercial uses, adding strict

criteria, use-specific guidelines and a more extensive review process. These potential

new uses include:

• Office including multi-tenant office space

• Data Storage

• Conference Center/event space

• Research Laboratory, Biomedical & Biotech Facilities

• Medical office, outpatient and ambulatory care facilities

• Fitness clubs, training facilities

• Mixed-use development (emphasizing commercial as primary use)

• Clubs, lodges, recreation facilities

• Self-storage facilities

• Hospital or philanthropic institutions

• Hotels

• Institutions of higher learning

• Light manufacturing (experiential retail as accessory use)

• Museum or art gallery

• Nursery School

• Retail (including experiential retail), shopping center

To further emphasize the need to maintain a commercial base in the village, the

comprehensive plan now specifically states “the Village should be wary of allowing

residential uses, or any use that fails to generate significant net tax revenue in

commercially designated areas, especially if those uses are otherwise allowable by

right, by law, or by special permit, in the other 94% of Village land area.”

The accompanying code changes were proposed to effect these changes for the

commercial zones within the Village.

New definitions were created for use throughout Chapter 220 Zoning.

BIOMEDICAL & BIOTECH FACILITIES

A facility that uses living organisms or biological processes for the

purpose of developing agricultural, industrial or medical products.

CLUBS, LODGES, RECREATION FACILITIES

A building, group of buildings, or property with facilities to accommodate

the regular gathering, principally to members and guests, but possibly

for paying members of the public, for recreational, athletic or social

purposes.

CONFERENCE CENTER/EVENT SPACE

A property, building, or group of buildings designed for conventions,

industrial shows, gatherings, and the like, optimized for larger group

meetings, exhibitions, demonstrations, performances, or assemblies,

which may include conference rooms, lecture spaces, presentation

facilities, stages, and accessory short-term lodging, restaurants, and

other such facilities.

DATA STORAGE FACILITY

A facility dedicated to house computer systems and associated

components to support business continuity by supplying redundant data

storage, infrastructure, power supply, communications, and security

devices.

EXPERIENTIAL RETAIL

A retail use that offers customers an in-store opportunity for physical

interactive engagement with a product or service.

FITNESS CLUBS, TRAINING FACILITIES

A commercial establishment offering instruction, training or assistance

and/or the facilities for the preservation, maintenance, encouragement

or development of physical fitness or well-being, as well as health spas,

health studios, gymnasiums, weight control studios, martial arts and

self-defense schools or any other commercial establishment offering a

similar course of physical training.

HOTEL

A building or portion thereof containing rooms occupied by transient

guests who are lodged, with or without meals, and in which building or

portion thereof, there may be certain public rooms or halls for the service

of food and drink, with or without accessory conveniences or services

normally incidental to and associated with such a use.

INSTITUTIONS OF HIGHER LEARNING

A facility dedicated to the pursuit of education beyond a secondary

education, including colleges, universities, professional and technical

schools, and educational work connected with libraries, museums,

university and educational extension courses and similar agencies.

LIGHT MANUFACTURING

The use of a property for the design or creation of commercial products

uses that does not generate significant noise, glare, waste, utility,

municipal resource usage, or heavy traffic impacts on surrounding areas.

MEDICAL OFFICE, OUTPATIENT AND AMBULATORY CARE FACILITIES

Institutions or organizations offering medical services performed on an

outpatient basis, without admission to a hospital or other facility

including, but not limited to, offices of physicians and other health care

professionals, hospital outpatient departments, surgical centers,

specialty clinics or centers (such as for bloodwork, dialysis, or infusion,

and the like), or urgent care clinics.

MIXED-USE DEVELOPMENT

A use of a property combining permitted retail, experiential retail, retail

service, restaurant, carry-out food establishment, theater, fitness club,

nursery school, medical office, outpatient and ambulatory care facilities,

or other combinations of commercial uses into a single building or group

of buildings and a unified site design and configuration that shares

access, parking, utility infrastructure and associate amenities, and may

include incidental accessory residential housing associated with the use

thereto.

MUSEUM OR ART GALLERY

An institution, including but not limited to halls of fame, aquariums,

botanical gardens and arboretums, that is essentially educational or

aesthetic in purpose, with professional staff, which ordinarily owns,

exhibits, maintains, and/or utilizes artifacts, art, and/or specimens,

including non-tangible electronic, video, digital and similar art, cares for

them, and exhibits them to the public on some regular schedule.

OFFICE BUILDING

A building occupied or used for business or professional offices of

individuals, partnerships, associations or corporations, in which no

commercial goods, materials or products other than services are sold at

retail or offered for retail sale from the premises, no stock-in-trade other

than samples is displayed or stored, and no commercial goods, materials

or products are manufactured, assembled, or commercially serviced or

repaired. [Note: This is the existing definition. Do we need to clarify

multi-tenant is now allowable? I think not.]

PHILANTHROPIC INSTITUTION

A not-for-profit organization promoting the general public welfare as its

major purpose.

PLACE OF WORSHIP

A specially designed structure or consecrated space where individuals or

a group of people, such as a congregation, come to perform acts of

devotion, veneration, or religious study including, by way of example, a

church, temple, synagogue, or mosque.

SELF-STORAGE FACILITY

A building or group of buildings within a controlled access or fenced

environment divided into separate compartments used to meet the

temporary storage needs of small businesses, apartment dwellers or

other residential uses.

New district names were created, replacing B and BT Zones:

CT1 Complementary Use Transition 1





Given the unique features of each property, new CT zones allow for appropriate uses

and sizes for each zone. This convention allows the Village to make appropriate

decisions regarding the acceptable uses for each zone, and consider individual

settings, topographical characteristics, acreage, viewsheds, access, and other

impacting factors, when determining bulk, lot coverage, setbacks, parking, screening,

or other special permit considerations.

Although today the five zones are largely grouped into two categories of use – based

primarily on the road access provided to the parcel – a future Board may decide to

revise the code to enable future viable commercial uses, or to better define

development requirements for an individual zone.

Chapter 220 Table 3 Permitted Principal and Accessory Uses (Commercial) and

Chapter 220 Table 4 Permitted Lot Sizes, Setbacks, Height Requirements (Commercial)

were updated to reflect the potential allowable uses, and the various lot coverage,

setback requirements, and bulk regulations for each new use within the CT zones.

The code was reformatted to place some of the code requirements into table form.

This reformatting makes the regulations much easier to understand and allows for

simplified changes in the future, if warranted.

Chapter 220-6, defining special permit uses and their associated application process,

required the most substantial review and revisions.

In keeping with past practice, all proposed applications for CT Zoned properties

require special permit review. By doing so, the Village will be able to carefully consider

each proposed use and carefully analyze the potential impacts it may have.

All special permit applications now require additional submissions, including:

• Proposed site plan.

• A stormwater pollution prevention plan (SWPPP).

• A marketing study demonstrating that a viable and robust market exists for the

proposed use.

• An infrastructure and utility study demonstrating that the infrastructure and

utility network serving the site is in good working order, and that adequate

capacities exist to support the proposed use.

• A traffic study documenting existing traffic operating conditions in the vicinity

of the site, potential traffic related impacts of the proposed use, and necessary

mitigation measures.

• A municipal service impact study documenting impacts of the proposed use on

municipal services.

• A fiscal impact analysis showing the likely assessed revenue flowing to the

municipality from the proposed development, compared with the public services

and infrastructure costs of the proposed development to be borne by the

municipality.

Special use applications will now further consider the effect of environmentally

constrained areas on what can be constructed by deducting areas of steep slopes

above 25% and wetlands and wetland buffers, from the buildable area of the parcel.

Tax-exempt uses are now only permitted by special permit in residential zoning

districts.

Special permit uses relating to excavation of natural resources and dumping or

regrading were eliminated, as all of these are covered in other chapters of the code.

Those chapters hadn’t existed when the special permit chapter was originally created.

Wireless telecommunication services facilities, which were formerly permitted as a

special use, were removed from Chapter 220-6. Such use is, in reality, permitted only

as an accessory use on commercial properties in our Village. As such, the previous

language was slightly edited for specificity, and relocated as its own section in a newly

created § 220-9.4.

Chapter 220-6 M, Special uses in Complementary Use Transition CT zoning districts,

is a major rewrite of previous code, reflecting all the use-specific requirements for

potentially acceptable uses within the newly created CT zones. These regulations were

the result of years of BOT discussions; the report and recommendations produced by

the B Zone Advisory Committee studying the former B Zone properties; analysis and

expertise of Village’s planner, Patrick Cleary, AICP, CEP, PP, LEED AP, CNU-A; a

traffic study performed by Provident Engineering; a review of prior studies including

the Scarborough Corridor Up-Zoning Report and the Natural Resources Inventory

Report; consistency with the Village Comprehensive Plan; review by the Village

Engineer and Building Department; review by the Village Planning Board, Village

Zoning Board and Westchester County Planning Department.

Last, Chapter 220-6 was revised to be more readable, to remove inconsistencies, and

to edit for improved grammar.

Chapter 220-5, formerly used to mandate the special permit application process for

B/BT Zone, was replaced with new code to specify the process for any proposed

modifications to the Zoning chapter. While this code largely follows NYS requirements

for such changes, the local version has been crafted to impose local notification

requirements which will help to inform residents of upcoming applications. In the

past, a developer could meet with the Board of Trustees subject only to an

announcement on a published agenda, to propose zoning changes that could have

wide-ranging impacts on the community.

By mandating a public notification, community input will be solicited far earlier in the

process, fostering public involvement when the Board of Trustees, the Building

Department, Planning Board and other local zoning authorities, are considering a

proposed zoning amendment or potentially impactful new use for a large commercial

property.

Chapter 195 Taxation, Article I, Business Investment Exemption was revised to

encourage development or enhancement of commercial properties in the new CT zones

as well as in the Central Business District of the Village.

As modified, Chapter 195 now allows a property owner who makes a significant

investment ($50,000 or more) in his commercial property to delay the impact of the

associated Village real property tax increase over a period of 10 years.

As a result, a property owner, developer, or investor who makes improvements to a

commercial property in the Village will benefit by delaying the additional tax burden

that would otherwise impact the improved property immediately. Instead, in the first

year following such improvements, 50% of the increased property value would be

subject to local taxes. Each subsequent year, over ten years, an additional 5% of

increased value will be subject to tax, so that the full impact of the improvements will

not be fully taxed until 10 years after such investment.

Chapter 220-2 Definitions FOR DISCUSSION ONLY Updated 10-4-2020

§ 220-2. Definitions.

Except where specifically defined herein, all words used in this chapter shall carry their customary

meanings. Words used in the present tense include the future and the plural includes the singular. The

word "building" includes the word "structure"; and the word "shall" is intended to be mandatory; and

the words "occupied" or "used" shall be construed as though followed by the words "or intended,

arranged, or designed to be used or occupied."

ACCESSORY BUILDING

A building, the use of which is incident to that of the principal building and located on the same

lot.

AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT

A.

In the case of a for-purchase housing unit, one that is affordable to a household whose

income does not exceed 80% of the area median income (AMI) for Westchester as

defined annually by the U.S. Department of Housing and Urban Development (HUD) and

for which the annual housing cost of a unit, including common charges, principal, interest,

taxes and insurance (PITI), does not exceed 33% of 80% AMI, adjusted for family size.

B.

In the case of a rental unit, one that is affordable to a household whose income does not

exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus

any tenant-paid utilities, does not exceed 30% of 60% AMI, adjusted for family size.

[Added 3-16-2011 by L.L. No. 2-2011]

BIOMEDICAL & BIOTECH FACILITIES

A facility that uses living organisms or biological processes for the purpose of developing

agricultural, industrial or medical products.

BUILDING

Any structure having a roof and intended for the shelter, housing or enclosure of persons,

animals or property.

[Added 9-3-2003 by L.L. No. 6-2003]

CARRY-OUT FOOD ESTABLISHMENT

An establishment engaged in the sale of prepared, ready-to-consume food and/or beverages

primarily intended for off-site consumption, but which may have limited seating for on-site

consumption. A carry-out food establishment may include on-site food and/or beverage

preparation. Notwithstanding the foregoing, a carry-out food establishment shall be considered

a restaurant for application of the parking requirements of § 220-12C(13) if the establishment

has more seats than the lesser of:

A.

The quotient of the establishment's gross floor area divided by 100; or

B.

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Twenty.

[Added 5-17-2017 by L.L. No. 1-2017]

CLUBS, LODGES, RECREATION FACILITIES

A building, group of buildings, or property with facilities to accommodate the regular gathering,

principally to members and guests, but possibly for paying members of the public, for

recreational, athletic or social purposes.

COLLOCATION

The installation of two or more wireless telecommunication services antennas and related

appurtenances on the same monopole. For purposes of this chapter, the installation of two or

more structurally-mounted wireless telecommunication services antennas on the same

building or structure other than a monopole, or the installation of two or more wireless

telecommunication services facilities in different locations on the same site, shall not be

considered "collocation."[1]

[Added 8-12-1999 by L.L. No. 6-1999]

CONFERENCE CENTER/EVENT SPACE

A property, building, or group of buildings designed for conventions, industrial shows,

gatherings, and the like, optimized for larger group meetings, exhibitions, demonstrations,

performances, or assemblies, which may include conference rooms, lecture spaces,

presentation facilities, stages, and accessory short-term lodging, restaurants, and other such

facilities.

COURT

An open, uncovered and unoccupied space bounded on two or more sides by the walls of a

principal building. An inner court is a court entirely within the exterior walls of a building. All

other courts are outer courts.

COVERAGE, BUILDING

That percentage of the land area covered by the combined area of all buildings on all or that

portion of the lot within the same zoning district as the principal building.

[Added 5-29-2003 by L.L. No. 3-2003]

DATA STORAGE FACILITY

A facility dedicated to house computer systems and associated components to support

business continuity by supplying redundant data storage, infrastructure, power supply,

communications, and security devices.

DISH ANTENNA

A device, also known as a "satellite dish" or "earth station," whose purpose is to receive

communication signals from orbiting satellites and other extraterrestrial sources and which

may include as a component part a low-noise amplifier (LNA), situated at the focal point of the

receiving component, whose purpose is to magnify and transfer signals.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family only.

ELDERCARE COMMUNITY

The premises and buildings providing for-profit congregate living arrangements in which at

least one person occupying each residential unit meets the definition of "elderly," and in which

all other occupants of each residential unit are either the spouse of, or a person required for

the physical care or support of, such person meeting the definition of "elderly." An eldercare

community shall include one or both of the following:

A.

ASSISTED LIVING

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Residential facilities accompanied by support services, including the provision of at least

one meal per day and personal care services such as medication supervision and

assistance with the activities of daily living such as bathing, dressing, grooming, eating

and ambulation.

B.

INDEPENDENT LIVING

Dwelling units with individual kitchens and bathrooms where at least one meal per day

plus one or more of the following services are provided to residents within the dwelling

unit or in common facilities on site: laundry, security and housekeeping.

ELDERLY

Persons 60 years of age and older.

ENCLOSED PORCH or ENCLOSED BREEZEWAY

Any porch or breezeway that has walls, windows, screens or other elements that restrict

movement to or from the porch or breezeway, except that an open porch or breezeway may

have walls with a height of up to three feet six inches above finished floor elevation so long as

80% of the area above that height to the height of the ceiling remains open.

[Added 8-16-2007 by L.L. No. 7-2007]

EXPERIENTIAL RETAIL

A retail use that offers customers an in-store opportunity for physical interactive engagement

with a product or service.

FAMILY

Two or more persons related by blood or marriage, or not more than four unrelated persons,

occupying a dwelling unit and living together as a single housekeeping unit may be considered

as a family.

FITNESS CLUBS, TRAINING FACILITIES

A commercial establishment offering instruction, training or assistance and/or the facilities for

the preservation, maintenance, encouragement or development of physical fitness or well-

being, as well as health spas, health studios, gymnasiums, weight control studios, martial arts

and self-defense schools or any other commercial establishment offering a similar course of

physical training.

FLAT

A dwelling unit located completely within one floor of a multifamily dwelling.

[Added 10-18-2001 by L.L. No. 2-2001]

FLOOR AREA, GROSS

The sum of the horizontal areas of the floors of the building or buildings, excluding attics and

any floor area used for off-street parking or loading purposes (except for one-family

residences), measured from the exterior walls or, in the case of a common wall separating two

buildings, from the center line of such a common wall and including any two-story space or

enclosed porch or enclosed breezeway. For single-family residences, the following areas shall

also be included in the gross floor area:

[Added 5-29-2003 by L.L. No. 3-2003; amended 9-3-2003 by L.L. No. 6-2003; 8-16-

2007 by L.L. No. 7-2007]

A.

The sum of the area of the building coverage multiplied by the percentage of the building

perimeter with exposed walls of seven feet or greater below the first floor elevation.

B.

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Any floor area with a floor to ceiling height of 16 feet or greater shall be doubled for the

purpose of calculating gross floor area.

C.

The portion of the total area of any deck(s) elevated above ground (not patio) on the lot

that is in excess of the square footage set forth below for the zoning district in which the

lot is located.

District Square Feet R80A 800 R60A 600 R40A 400 R40B 400 R30A 300 R20A 200 R20B 200 R12B 180 R10B 150 RT4B 100

FLOOR AREA RATIO (FAR)

The gross floor area of all buildings on a lot divided by the area of such lot.

[Added 5-29-2003 by L.L. No. 3-2003]

GARAGE, PUBLIC

A building or part thereof used for the storage, care, or repair of motor vehicles for

remuneration, including any sale of motor vehicle accessories, gasoline or oil, or for keeping

vehicles for hire.

HEIGHT OF BUILDING

The vertical distance from the mean level of the finished grade of the land immediately

adjacent to the building to the level of the highest point of the roof beams, except that in the

case of pitched roofs, it is the vertical distance from such level of the land to the mid-point

between the eave and ridgeline of the roof above the highest wall or walls, or the top of the

highest window, whichever is greater.

[Amended 9-3-2003 by L.L. No. 6-2003]

HOME OCCUPATION

Any use customarily conducted entirely within a dwelling and carried on by the occupants

thereof, which use is clearly incident and secondary to the use of the dwelling for dwelling

purposes. The conduct of a clinic, hospital, barber shop, beauty parlor, tea room, tourist home

or animal hospital shall not be deemed to be a home occupation.

HOSPITAL

Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium,

sanatorium, clinic, rest home, nursing home, convalescent home and any other place for the

diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for

the diagnosis, treatment or other care of human ailments.

HOTEL

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A building or portion thereof containing rooms occupied by transient guests who are lodged,

with or without meals, and in which building or portion thereof, there may be certain public

rooms or halls for the service of food and drink, with or without accessory conveniences or

services normally incidental to and associated with such a use.

INSTITUTIONS OF HIGHER LEARNING

A facility dedicated to the pursuit of education beyond a secondary education, including

colleges, universities, professional and technical schools, and educational work connected

with libraries, museums, university and educational extension courses and similar agencies.

LEARNED PROFESSIONAL

Of or pertaining to the learned professions, defined as and limited to the practice of architects,

engineers, physicians, lawyers and dentists, as distinguished from the practice of a trade,

business, or profession in general.

LIGHT MANUFACTURING

The use of a property for the design or creation of commercial products uses that does not

generate significant noise, glare, waste, utility, municipal resource usage, or heavy traffic

impacts on surrounding areas.

LIVABLE FLOOR AREA

The area within the exterior or party walls of the dwelling unit, excluding garages, cellars,

heater rooms, basements, porches, and breezeways, but including all heated livable rooms,

kitchens, utility rooms, bathrooms, closets and hallways.

LOADING SPACE

Any off-street space available for the loading and unloading of goods to or from vehicles.

LODGE

A local society or branch having a charter from a duly organized fraternal order.

LOT

A piece, plot or parcel of land or assemblage of contiguous parcels of land occupied or to be

occupied by a single principal building or use and its accessory buildings and uses.

LOT, CORNER

A lot at the junction of and abutting on two intersecting streets when the interior angle of

intersection does not exceed 135º.

LOT, WIDTH

To comply with Column 5 of the schedule the width of a lot shall be measured along a line

parallel to the street line and located at the minimum distance from the street line as required

in Column 8 of the schedule.

MEDICAL OFFICE, OUTPATIENT AND AMBULATORY CARE FACILITIES

Institutions or organizations offering medical services performed on an outpatient basis,

without admission to a hospital or other facility including, but not limited to, offices of physicians

and other health care professionals, hospital outpatient departments, surgical centers,

specialty clinics or centers (such as for bloodwork, dialysis, or infusion, and the like), or urgent

care clinics.

MIXED-USE DEVELOPMENT

A use of a property combining permitted retail, experiential retail, retail service, restaurant,

carry-out food establishment, theater, fitness club, nursery school, medical office, outpatient

and ambulatory care facilities, or other combinations of commercial uses into a single building

or group of buildings and a unified site design and configuration that shares access, parking,

utility infrastructure and associate amenities, and may include incidental accessory residential

housing associated with the use thereto.

MONOPOLE

A freestanding pole having a single point of location on the ground comprising a part of a

wireless telecommunication services facility. For purposes of this chapter, the term "monopole"



shall include, in addition to the pole, all other components of the wireless telecommunications

services facility.

[Added 5-5-1997 by L.L. No. 2-1997]

MULTIFAMILY DWELLING

A building containing two or more dwelling units or a part of a building above a permitted

business use containing two or more dwelling units.

MUSEUM OR ART GALLERY

An institution, including but not limited to halls of fame, aquariums, botanical gardens and

arboretums, that is essentially educational or aesthetic in purpose, with professional staff,

which ordinarily owns, exhibits, maintains, and/or utilizes artifacts, art, and/or specimens,

including non-tangible electronic, video, digital and similar art, cares for them, and exhibits

them to the public on some regular schedule.

NIER

Nonionizing electromagnetic radiation.

[Added 5-15-1997 by L.L. No. 2-1997]

NURSERY SCHOOL

A building or buildings or portion thereof together with surrounding grounds used for the

purpose of educating or supervising the play of preschool age children.

OFFICE BUILDING

A building occupied or used for business or professional offices of individuals, partnerships,

associations or corporations, in which no commercial goods, materials or products other than

services are sold at retail or offered for retail sale from the premises, no stock-in-trade other

than samples is displayed or stored, and no commercial goods, materials or products are

manufactured, assembled, or commercially serviced or repaired.

PARKING AREA

An off-street area containing one or more parking spaces with vehicular circulation ways and

driveways, and internal and peripheral drainage facilities, lighting facilities, landscaping, signs,

curbs, fences, walls, pedestrian walks and areas and other incidental facilities and

appurtenances thereto.

[Amended 5-21-1998 by L.L. No. 2-1998]

PARKING SPACE

A specific off-street location available for the parking of one motor vehicle on a transient basis,

normally located within a parking area, and having usable and relatively direct access to a

street.

PERMITTED ACCESSORY BUILDING DWELLING UNIT

A dwelling unit in an accessory building for which a certificate of occupancy has been issued

under Chapter 90 and § 220-9.3 of this Chapter 220.

[Added 11-5-2014 by L.L. No. 2-2014]

PHILANTHROPIC INSTITUTION

A not-for-profit organization promoting the general public welfare as its major purpose.

PLACE OF WORSHIP

A specially designed structure or consecrated space where individuals or a group of people,

such as a congregation, come to perform acts of devotion, veneration, or religious study

including, by way of example, a church, temple, synagogue, or mosque.

PRINCIPAL BUILDING

A building in which is conducted the principal use of the lot on which it is situated.

PUBLIC UTILITY

Persons, firms or corporations supplying gas, electricity, water, power, transportation,

television, cable or telephone service to the general public, including wireless

telecommunication services which are regulated separately under this chapter.

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[Added 5-15-1997 by L.L. No. 2-1997]

REAR LOT LINE

The lot line generally opposite the street line. If the rear lot line is less than 10 feet long, or the

lot comes to a point, the rear lot line shall be deemed to be a line within the lot not less than

10 feet long parallel to and farthest from the street line.

RESEARCH LABORATORY

A building for experimentation in pure or applied research, design, development, and

production of prototype machines or devices, or of new products and uses necessary thereto;

wherein products are not manufactured or assembled primarily for wholesale or retail sale

wherein commercial servicing or repair of commercial products is not performed, and where

there is no display of any materials or products for sale.

RESIDENTIAL UNIT

One or more rooms providing sleeping facilities for the occupants thereof, and which may also

include provisions for cooking, living and sanitary facilities.

RESTAURANT

An establishment engaged in the preparation and sale of food and beverages primarily

intended for on-site consumption, selected from a menu by patrons seated at a table or

counter, and served by a waitperson. A restaurant will include on-site food and beverage

preparation and will have seating with counters or tables adequate to accommodate all patrons

served for on-site consumption and sufficient to accommodate a full place setting for each

patron. Notwithstanding the foregoing, a carry-out food establishment that has more than 20

seats shall be considered a restaurant for application of the parking requirements of § 220-

12C(13).

[Added 5-17-2017 by L.L. No. 1-2017]

RETAIL

An establishment engaged in selling goods, merchandise, or services to the general public for

personal, household, or business consumption or use, and not for resale in any case, and

rendering services incidental to such sales. A retail establishment typically will be a place of

business and engaged in activity to attract the general public to buy and may process or

manufacture some of the goods and merchandise that it sells. A retail establishment may

include the sale of ready-to-consume food and/or beverages and may have up to 20 seats for

on-site consumption as an accessory use located entirely within the principal structure and

with no exterior entrance of its own.

[Added 5-17-2017 by L.L. No. 1-2017]

SELF-STORAGE FACILITY A building or group of buildings within a controlled access or fenced environment divided

into separate compartments used to meet the temporary storage needs of small

businesses, apartment dwellers or other residential uses.

SENIOR CARE COMMUNITY

A for-profit development:

[Added 6-18-2014 by L.L. No. 1-2014]

A.

That is "housing for older persons," meaning housing that is:

(1)

Provided under any state or federal program that the Secretary of Housing and

Urban Development of the United States determines is specifically designed and

operated to assist elderly persons as defined in such state or federal program; or



(2)

Intended for, and solely occupied by, persons 62 years of age or older; or

(3)

Intended and operated for occupancy by persons 55 years of age or older; and

(a)

At least 80% of the occupied units are occupied by at least one person who is

55 years of age or older; and

(b)

The housing facility or community publishes and adheres to policies and

procedures that demonstrate the intent required under 42 U.S.C. § 3607, as

the same may be amended from time to time; and

(c)

The housing facility or community complies with rules issued by the Secretary

for verification of occupancy, which shall:

[1]

Provide for verification by reliable surveys and affidavits; and

[2]

Include examples of the types of policies and procedures relevant to a

determination of compliance with the requirement of

Subsection A(3)(b) above. Such surveys and affidavits shall be

admissible in administrative and judicial proceedings for the purposes of

such verification. (Source: 42 U.S.C. § 3607, as the same may be

amended from time to time.)

B.

Such development:

(1)

Is a continuing care retirement community (CCRC) authorized by the State of New

York in accordance with Article 46 of the Public Health Law, as said law may be

amended from time to time; or

(2)

Is a fee-for-service continuing care retirement communities demonstration program

authorized by the State of New York in accordance with Article 46-A of the Public

Health Law, as said law may be amended from time to time; or

(3)

Is an assisted living development (ALD) certified and licensed in accordance with

Article 46-B of the Public Health Law, as said law may be amended from time to

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time, which shall, among other things, provide a continuum of housing, daily living

services and facilities, and health care for seniors; or

(4)

Is a congregate living facility that provides senior residents with access to, and a

choice of, any of the following:

(a)

Independent living units (ILU); and

(b)

Assisted living units (ALU), including, but not limited to:

[1]

The provision of services in accordance with an enhanced assisted living

certificate issued by the New York State Department of Health that

enables the senior care community to admit and retain residents who

chronically require the physical assistance of another person, or require

more than intermittent or occasional assistance from medical personnel;

and

[2]

The provision of services with a special needs assisted living certificate

issued by the New York State Department of Health that provides

memory care services to meet the unique needs of older adults who have

been given a medical diagnosis of Alzheimer's disease or other

recognized forms of dementia, including around-the-clock supervision

and assistance with daily activities, twenty-four-hour security and

supportive services; and/or

(c)

Skilled nursing units (SNU); and

C.

Such development shall further include:

(1)

A range of medical, health care and social services, including, among other things,

home health care, hospice care, dementia care, memory care, respite care,

rehabilitation services, including on-site physician's offices; and

(2)

Amenities, facilities and programs specifically designed to enhance the length and

quality of life of senior residents, including common dining, recreation, incidental

retail, incidental personal services, and cultural facilities; and

(3)



Optional overnight accommodations for the guest(s) of any resident, only as may

be permitted as a condition of the required special permit.

SIDE LOT LINE

The line connecting the street line of the lot with the rear lot line and running along the side

thereof.

SOLAR ENERGY COLLECTOR

A device or combination of devices which relies upon solar radiation as an energy source and

that is employed for the purpose of heating or cooling a building, the heating of water or the

generation of electricity.

STORY

That portion of a building between the surface of any floor and the surface of the floor next

above it or, if there be none, between the surface of the floor and the ceiling or rafters above

it. A basement shall be counted as a story if the finished floor level directly above the basement

is more than six feet above the average finished grade of the ground adjacent thereto, or

except for one-family residences if it is used for business purposes other than storage or for

dwelling purposes other than for a janitor or watchman.

[Amended 9-3-2003 by L.L. No. 6-2003; 8-16-2007 by L.L. No. 7-2007]

STORY, ONE-HALF

A story with at least two opposite exterior sides meeting a sloping roof at the floor of such

story, and the area of the attic space with a floor-to-rafter height of seven feet or greater is less

than 60% of the area of the floor as measured on the floor directly below.

[Amended 9-3-2003 by L.L. No. 6-2003]

STREET

A thoroughfare which has been placed and designated on the Official Map as a street, and

which affords the principal means of access to abutting property.

STREET LINE

Synonymous with "front line" and being the line of the lot coinciding with the line of the street

on which it fronts and for purposes of this chapter disregarding any lines showing lands in the

same ownership lying within the bed of a street.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or

attachment to something having location on the ground, including but not limited to buildings,

signs, swimming pools, tennis courts.

[Added 9-3-2003 by L.L. No. 6-2003]

STUDIO

The working place space or room for creative artists, defined as and limited to that for a painter,

sculptor, or musician who is the owner and occupant of the main dwelling and shall only be

applicable when no employees are associated with this activity. Tutoring and instruction,

including art, music, voice, musical instrument, shall be limited to a single pupil at a time.

SWIMMING POOL

Any noncommercial private outdoor structure, excavation, pond, body of water or receptacle

for water, having a depth at any point greater than two feet, together with the apparatus and

equipment, if any, pertaining thereto, used or intended to be used for swimming or bathing by

residents of the premises and their guests, without charge for admission and not for the

purpose of profit, located on a lot as an accessory use to the residence or dwelling thereon.

SWIMMING POOL BUBBLE

An accessory use to a swimming pool constructed for the purpose of enclosing an outdoor

swimming pool in order to enable swimming without exposure to the elements at such times

when the outside temperature and/or conditions makes unprotected swimming uncomfortable



or less desirable. It is commonly known as a "bubble" and may be used with or without a

heating apparatus.

TENNIS COURT

An accessory use constructed for the purpose of facilitating the playing of tennis, within the

confines of said court and which requires the erection of a fence, wall or other enclosure or

the grading and/or paving of an area in excess of 3,000 square feet.

TOWNHOME

A dwelling unit sharing a common side or rear wall or walls with another dwelling unit or units,

but occupying the entire volume within its portion of the building from the lowest level to the

roof, and having its own separate entrance or entrances to the outside.

[Added 10-18-2001 by L.L. No. 2-2001]

USE, ACCESSORY

A use customarily incident and subordinate to the principal use of a lot or building located on

the same lot therewith or otherwise permitted under this chapter to be construed as accessory

thereto.

USE, PRINCIPAL

The specific purpose for which land is used or a building is designed or used or for which it is

or may be occupied or maintained.

WIRELESS TELECOMMUNICATION SERVICES

The provision of wireless telecommunications services, including those more commonly

referred to as "cellular phones," which services are regulated by the Federal Communications

Commission (FCC) in accordance with and as the term "personal wireless service" is defined

in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47

U.S.C. § 332(c)(7)(C), or as hereafter amended.

[Added 5-15-1997 by L.L. No. 2-1997]

WIRELESS TELECOMMUNICATION SERVICES FACILITY

Any equipment used in connection with the commercial operation of wireless

telecommunication services, as defined herein, and as the term "personal wireless services

facility" is defined in the Communications Act of 1934, as amended by the Telecommunications

Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive

frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and

structures.

[Added 5-15-1997 by L.L. No. 2-1997]

YARD

An open space, unoccupied except as permitted under this chapter, lying between a lot line

and a line parallel to such line and tangent to the nearest part of the principal building.

YARD, FRONT

A yard extending the full width of the lot and lying between the line of the street upon which

the lot fronts, as shown on the Official Map, and a line parallel thereto, tangent to the nearest

part of the front of the principal building.

YARD, REAR

A yard extending the full width of the lot, unoccupied except as permitted under this chapter,

lying between the rear lot line and a line parallel thereto and tangent to the nearest part of the

rear of the principal building.

YARD, SIDE

A yard, unoccupied except as permitted under the chapter, extending from the inner line of the

front yard to the inner line of the rear yard and lying between a side lot line and a line parallel

thereto and tangent to the nearest part of the principal building.

[1]

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Editor’s Note: The definition of “continuing care retirement community,” added 5-9-2003 by L.L. No. 3-2003, which immediately followed this definition, was repealed 6-8-2014 by L.L. No. 1-2014. See now the definition of “senior care community.” [2] Editor's Note: The definition of "gross area of ground floor of a dwelling," which immediately followed this definition, was repealed 9-3-2003 by L.L. No. 6-2003. [3] Editor's Note: The schedule is included as an attachment to this chapter.

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Chapter 220-3 Districts and Maps For Discussion Purposes Only 10-4-2020

§ 220-3. Districts and maps.

A.

Districts. For the purpose of this chapter the Village of Briarcliff Manor is hereby divided into the

following classes of districts:

[Amended 12-17-2009 by L.L. No. 5-2009; 1-20-2011 by L.L. No. 1-2011; 3-30-2015 by L.L. No. 1-

2018]

Single-Family Residence Districts R80A Minimum lot area: 80,000 square feet R60A Minimum lot area: 60,000 square feet R40A Minimum lot area: 40,000 square feet R40B Minimum lot area: 40,000 square feet R30A Minimum lot area: 30,000 square feet R20A Minimum lot area: 20,000 square feet R20B Minimum lot area: 20,000 square feet R12B Minimum lot area: 12,000 square feet R10B Minimum lot area: 10,000 square feet RT4B Minimum lot area: 7,260 square feet to 10,890 square feet Multifamily Residence District R30M Minimum lot area: 5,000 square feet EC Eldercare Community Residence District Business Districts B1 Retail Business B1A Retail Business and Residential B2 General Business, including light industry

CT1 Complementary Use Transition 1 CT2 Complementary Use Transition 2 CT3 Complementary Use Transition 3 CT4 Complementary Use Transition 4 CT5 Complementary Use Transition 5

Central Business Districts

CB1 Central Business District 1 CB2 Central Business District 2

B.

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Chapter 220-3 Districts and Maps For Discussion Purposes Only 10-4-2020

Map. The boundaries of such districts are hereby established as shown on the map entitled "Zoning

Map, Village of Briarcliff Manor, New York, dated April 22, 2020October 29, 1958,," last revised on

March 30, 2015, a copy of which map accompanies and is hereby made a part of this chapter. Such

This map replaces in entirety the Zoning Map of October 29, 1958, last revised on March 30, 2015,

and any of its predecessors. June 1953 as heretofore amended from time to time.[1]

[Amended 12-17-2009 by L.L. No. 5-2009; 1-20-2011 by L.L. No. 1-2011; 10-19-2011 by L.L. No. 3-

2011; 11-2-2011 by L.L. No. 4-2011; 3-30-2015 by L.L. No. 1-2018]

[1] Editor's Note: The Zoning Map is on file in the office of the Village Clerk.

C.

Boundaries. Except where referenced to a street line or other designated line shown on the Zoning

Map by distance in feet therefrom, the district lines are intended to follow lot lines, or the center lines

of streets, railroads, streams or aqueducts, or the boundaries of the Village, and where any district

abuts upon the Hudson River the boundary lines thereof shall be deemed to extend outward to the

boundary of the Village in such river. In unsubdivided land, or where a district boundary divides a

parcel or lot, the location of such boundary, if not indicated by dimensions shown upon such map,

shall be determined by the use of the scale appearing thereon.

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R40B

R80A

R20B

R60A

B

R60A

R40A

R20B

R30A

R20B

R60A

R20B

R20A

R12B

B

CB1

CB2

R10B

B

B

R20B

RT4B

B1

RT4B

BT

B1

B2

R30M

EC

R30MR30M

R30M

B2

B1A

R12B

R12B

R12B

R12B

104.11

097.11

105.11105.09

105.13

105.14

105.10

104.08 105.05 105.06 105.07

097.20 098.17 098.18 098.19

097.16 098.13

104.15

098.15

097.12098.09 098.10

097.08098.05 098.06 098.07

089.20 090.17 090.18 090.19

104.07

097.19

097.15

104.12

104.16

098.14

Mount Pleasant

Ossining Village

Pleasantville

New CastleOssining Town

Pine Rd

S State Rd

Route 9A

State Hwy 9A

N State

Rd

Long Hill Rd W

Pleasantville Rd

Macy Rd

Elm Rd

Hirst Rd

W ilderness Way

OldBria

rcliff Rd

Larch R

d

Dalmeny

Rd

Albany

Post R

d

Chappaqua Rd

Long Hill R d

E

Tuttle Rd

River R

d

Birch Rd

Holbro ok Rd

Locust Rd Schrade

RdBur

ns Pl

Taconic

State P

kwy

Farm Rd

Lodge R

d

Holly P

l

Holbro

ok Ln

Cedar Dr E

Frame

Rd

Law Rd

Scarborough RdOrc

hardRd

Willow Dr

Fuller R

d

Hickory Rd

Centra

l Lane

Sleepy Hollow Rd

C entral Dr

Aspinw

all Rd

Saw Mil

l River R

d

Cypress Ln

Ingham

Rd

Ceda r Dr W

Alder Dr

AppleRoad

Meadow Rd

Buttern

ut Rd

W hi tson Rd

Washburn Rd

Hawthorn Pl

Hall Rd

Ridgecrest Rd

N St

Beechwo

od Way

OldRT

100

Lewisto

n Ct

Marlborough Rd

Hyatt R

d

Brookwood Dr

Woods ide Ave

Matthes

Rd

Tulip Rd

Quinn Rd

Magnoli

a Rd

Cotton

wood L

n

Balsam

Rd

Popl ar Rd

Hemlock Rd

Crest Dr

Jacks on Rd

Ash Rd

Sycamore Rd

Buckout Rd

Scarborough Sta Rd

Purdy Ct

Oak Rd

Shellba

rk Ln

Valentin

e Rd

Hungerfor

d Rd

Deer Tr

eeLn

Tower Hill Rd

Shadow

Tree Ln

Park Rd

Tamara

ck Pl

North

Shadowbrook Ln

Walnut Pl

Avondale Ct

Dogwood Ln

Kemeys

Ave

Shuman Ct

Plumwood Rd

Juniper Pl

Edgewood Ln

Admiral Word

ens Ln

Linden Cir

Revolut ionary Rd

Spruce

Rd

Bec ke r Rd

Bishop L

n

Hazel ton Cir

Ol dSle ep y Ho l low Rd

Peach Tree Ln

Ches tnut HillLn

Dogwood Close

Simpson Rd

Zuydho

ek Rd

Creighton Ln

Argyle Pl

Macy Ro

ad

Rosemont Ln

Redwood Ln

Macy Cir

Hollow Tree Rd

Drislane Rd

Nic hols Pl

Greenwood Ct

Parkway Rd

Quinn L

nLeicester Rd

Becke r Ln

Meadow Pl

Horsechestnut Rd

Justine Ct

Maple Rd

S Highl

and Ave

Hidden

Oak R

d

Berk leyCt

Candlew

ood Ct

Todd Ln

Satinwood Ln

Huntington Ct

Elizabeth Ct

Olde Willow Way

Rosecliff CtHungerford Rd

Scarborough Rd

S Highland Ave

Chappa

quaR d

Chappaqua Rd

Taconic State Pkwy

SleepyHollo wRd

Pleasantville Rd

Long Hill Rd E

Central Dr

Oak Rd

Willow Dr

Route 9A

Pleasantville Rd

Taconic State Pkwy

Law Rd

Willow Dr

Elm Rd

Saw Mill River Rd

Old Bria

rcliff Rd

State Hwy 9A

Scarbo

rough R

d

Lodge R

d

State Hwy 9A

Elm Rd

Willow Dr

Hungerford Rd

Briarbrook Dr

Winterb

erry Ln

Stafford Rd

Austin Pl

Central Dr W

Woodlea Ln

Woodlea Ln

Cherry H

ill Ct

Pine Ct

Tanglewood

Cir

Arrow T

ree Dr

Dunn LnLibr

ary Rd

Huntington Ct

Laurel Ln

Fountain Rd

Charlott

e CtSunnyside Ct

Pheasa

nt Wood

s Rd

Morning

side Dr

Glenwood Dr

Tappan Ter

Mulberry Rd

Old Briarc

liff Rd

Law Rd

Long Hill Rd E

LegendDistrict BoundariesTax SectionsVillage BoundariesTax Parcels

ZONING MAPVILLAGE OF BRIARCLIFF MANOR

0 750 1,500 2,250 3,000375Feet

1 inch = 752 feet

Christine DennettVillage Clerk

Original Map Date: October 29, 1958

.

HUDSON

RIVER

NEW YORKRevisions:October 19, 2011 Local Law 3 of 2011November 2, 2011 Local law 4 of 2011November 29,2016 Local Law 3 of March 2015October 6, 2017 to show "Downtown Mixed Use" label changes,changes to zoning for 157 North State Rd, changes to CB1and CB2 ZoningApril 14, 2020 to show Legend modification

DRAFT

lgualdinoText BoxBusiness Districts Cont.CT1 - 345 Scarborough RdCT2 - 600 Albany Post RdCT3 - 320 Old Briarcliff RdCT4 - 555 Pleasantville RdCT5 - 333 Albany Post Rd

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lgualdinoText BoxLocal Law X of 2020 DRAFTVillage Code § 220-3 Districts and MapsApril 22, 2020

lgualdinoText BoxCT1

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Chapter 220-4 Schedule Controlling Lands and Buildings For Discussion Purposes Only 10-4-2020

Chapter 220. Zoning

§ 220-4. Schedule controlling lands and buildings.

A.

Purpose and adoption. To facilitate public understanding of this chapter and for the better

administration thereof the regulations limiting the use of buildings and land and the location,

arrangement, bulk and minimum size of buildings are set forth in the annexed schedule for each of the

districts established by § 220-3 of this chapter. Such schedule, hereinafter referred to as the

"schedule," is hereby adopted and declared to be a part of this chapter and may be amended in the

same manner as any other part of this chapter.[1]

[1] Editor's Note: The schedule is included as an attachment to this chapter.

B.

Districts, more restricted or less restricted. In the order of their vertical placement in the schedule, and

unless otherwise noted, districts shall be deemed to be more restricted than those appearing below

them and less restricted than those appearing above them.

C. Application. All limitations for any district as to use, percentage of area, permissible height, required

yards and minimum sizes thereof, minimum sizes of dwellings and all other requirements shall be

those set forth in the schedule which, in the case of each district named, shall be read across the

schedule from left to right. The listing of any use in the schedule either as being permitted in, or as

being excluded from, any particular district shall be deemed to be an exclusion of such use from any

more restricted district, unless such use is permitted in such more restricted district under the

language set forth in the schedule applying to such district. Except as may be specifically provided in

other provisions of this chapter, only those uses specifically listed as being permitted shall be

permitted, as regulated herein, within the Village of Briarcliff Manor.

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Chapter 220-5 For Discussion Purposes Only Last Updated 10-4-2020

§220-5 Modifications to Zoning

A. The Board of Trustees may, from time to time, on its own motion, on petition, or on recommendation of the Planning Board, amend, supplement, or repeal the regulations and provisions of this chapter or amend the Zoning Map after public notice and hearing in the manner provided by the Village Law and the provisions of this section.

B. Any proposed amendment to the regulations and provisions of this chapter or change to the Zoning Map that the Board of Trustees determines worthy of further consideration shall be referred to the Planning Board for written report and recommendation before the public hearing provided for by the Village Law. In its report, the Planning Board shall state its reasons for its recommendation, describing any condition that it believes makes the amendment advisable or inadvisable and specifically setting forth the manner in which, in its opinion, the amendment would be, or would not be, in harmony with the comprehensive plan of land use for the Village and in furtherance of the purposes set forth in Section 220-1 of this chapter. The Planning Board shall deliver its report and recommendation to the Board of Trustees within 45 days after the referral. After expiration of the 45 days, unless this time period is extended by the Board of Trustees, the Board of Trustees may take action on any such amendment or change without the report from the Planning Board.

C. All petitions to amend, supplement or repeal the regulations and provisions of this chapter or to change the Zoning Map shall be submitted to the Board of Trustees in such form as may be required by the Board of Trustees, in hard copy and/or in electronic format.

D. The Board of Trustees, by resolution, shall fix the time, date and location of a public hearing on the proposed amendment and cause notice to be given as provided in the Village Law. In addition to the notice requirements of the Village Law, where a proposed amendment would alter the uses permitted in a zoning district or alter the zoning map, the Village shall cause advance notice to be sent by regular mail to every owner of property within the affected zoning district and surrounding said district within 500 feet. The failure of one or more affected property owners to receive such notice shall not invalidate any action taken by the Board of Trustees on the proposed amendment.

E. Prior to the holding of a public hearing, the Village Clerk shall refer the proposed amendment to (1) the Westchester County Planning Board in accordance with Section 277.61 of the Westchester County Administrative Code and Section 239-m of the General Municipal Law; and (2) neighboring municipalities in accordance with Section 277.71 of the Westchester County Administrative Code.

F. Prior to taking action on the proposed amendment the Board of Trustees shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

G. In case of a protest against a proposed amendment in accordance with New York State Village Law 7-708, signed by the owners of 20% or more either of the area of the land included in such a proposed amendment or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto extending 100 feet from the street frontage opposite such land, such amendment shall not become effective except by the favorable vote of at least 4/5 of the members of the Board of Trustees.

H.


Notwithstanding any other provision of this chapter, where the Board of Trustees, by resolution, authorizes a public hearing on a proposed amendment to this chapter, for a period of 90 days following the date of such resolution, no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in a manner that would be contrary to the provisions of the proposed amendment.

I. The Village Board of Trustees shall not consider any application for amendment to any chapter of the Zoning Code when the property owner of the property under consideration for any amendment is in violation of the Village Code pursuant to Chapter 90 Building Construction and Fire Protection, or if such owner is delinquent with taxes, penalty, or interest due at the time of requesting such amendment.


§ 220-6. Special permit uses.

A.

Statement of purpose. All uses listed as subject to approval as set forth in this section are declared to

possess characteristics of such unique and distinct form that each specific use shall be considered as

an individual case, and they shall conform, but not be limited, to the following general requirements,

as well as the pertinent specific requirements.

B.

General provisions. The special uses listed in Subsection J, Subsection K and Subsection L herein

for which conformance to additional standards is required by this Zoning Chapter shall be deemed to

be permitted uses subject to the satisfaction of the requirements and standards set forth herein, in

addition to all other requirements as set forth in this Zoning Chapter.

[Amended 3-21-1996 by L.L. No. 4-1996]

C.

Application, public hearing and general standards. Application for required special permits shall be

made to the Village Board. Each such application shall be referred to the Planning Board for a report,

which report shall be rendered prior to the date of public hearing on the application, and in its referral,

the Board of Trustees may specify particular questions and issues for the Planning Board to address

in its report. A public hearing for the special permit application shall be held within 62 days of receipt

of a complete application and shall require the same notice required by law for zoning amendments.

Within 62 days of the close of the public hearing, the Village Board shall decide whether to approve,

approve with modifications or disapprove the special permit application. The time at which the Village

Board must arrive at its decision may be extended at the request of the applicant or as necessary for

the Village Board to complete all necessary environmental review requirements pursuant to the State

Environmental Quality Review Act (SEQRA). A copy of the Board's decision shall be filed in the office

of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed

to the applicant. The Village Board may authorize the issuance of a permit, provided that it shall find

that all of the following conditions and standards have been met and may deny such application which

in its judgment is not in accordance with said conditions and standards:

[Amended 5-15-1997 by L.L. No. 2-1997; 5-21-1998 by L.L. No. 2-1998; 6-1-2006 by L.L. No. 6-2006]

(1) Such use will not prevent or substantially impair (i) the reasonable and orderly use of other properties

in the neighborhood or (ii) the reasonable and orderly development of other properties in the neighborhood. The location and size of the use, including the nature and intensity of the proposed

operations and traffic involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to the type, arrangement and capacity of streets giving

access to it, are such that it will be in harmony with the appropriate and orderly development of the

neighborhood in which it is located.

(2)

The location, nature and height of buildings, walls and fences, and the nature and extent of the

landscaping and screening on the site, as existing or proposed, are such that the use will not hinder

or discourage the appropriate development and use of adjacent land and buildings. Conservation of

existing trees, especially specimen trees or trees of significant aesthetic value, will be given

appropriate consideration.

(3)

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Operations in connection with any special use will not be more objectionable to nearby properties by

reason of noise, fumes, vibrations, lighting or flashing of lights, than would be the operations of any

permitted use not requiring a special permit.

(4) Parking areas will be of adequate size for the particular use properly located and suitably screened from any adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve

maximum safety.

(5)

Each special use shall be of such character, intensity, size and location that in general it will be in

harmony with the orderly development of the neighborhood in which the property is situated and will

not be detrimental to the orderly development of adjacent neighborhoods.

(6)

Each special use sought in or adjacent to a residential district shall be so located on the lot involved

that it shall not impair the use, enjoyment and value of adjacent residential properties.

(7)

The nature and intensity of a special use sought in or adjacent to a residential district and the traffic

generated by it shall not be hazardous, incongruous or detrimental to the prevailing residential

character of the neighborhood.

(8)

Each special use in a business district shall be harmonious with the district in which its location is

sought, shall not create undue pedestrian or vehicular traffic hazards and shall not include any display

of signs, noise, fumes or lights that will hinder the normal development of the district or impair the use,

enjoyment and value of adjacent land and buildings.

(9)

Such use will be in harmony with and promote the general purposes and intent of this chapter.

(10)

The health, safety, welfare, comfort, convenience and order of the Village will not be adversely

affected by the proposed use.

(11)

The site is particularly suitable for the location of such use in the community. The site area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation thereof.

(12)

Environmentally constrained areas, consisting of slopes above 25%, wetlands and wetland buffers,

streams and bodies of water, shall be deducted from the buildable area of any parcel being considered for a special permit. The Village Board may allow for environmentally constrained lands

to be restored to the buildable area of a parcel, if an environmental resource mitigation plan is

provided which documents specific mitigation measures, protection techniques, restoration or rehabilitation methods, either on or off-site, that adequately protects the environmental resource.

[This may require updates to 220-15 Steep Slopes, 131 Wetlands, and 190; why limit to CT Zones?]

(13)

The architectural features and design that may be within the public view at any time of year shall be of impressive quality, attractive, and harmonious in style and appearance to other structures within

the site as well as to any neighboring properties.

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D.

Required application submissions.

(1)

A plan for the proposed development of a site for a permitted special use shall be submitted with an

application for a special permit. The plan shall be drawn to some convenient scale, and shall show the

location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping,

topography, special features, and any other pertinent information, including such information about

neighboring properties as may be necessary to determine and provide for the enforcement of this

Zoning Chapter.

(2)

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184,

Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any special

permit approval that qualifies or authorizes a land development activity as defined in Chapter 184,

Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184,

Article I. The approved special permit shall be consistent with the provisions of Chapter 184, Article I.

[Added 12-20-2007 by L.L. No. 9-2007]

(3)

A marketing study shall be provided demonstrating that a viable and robust market exists for the proposed use.

(4)

An infrastructure and utility study shall be provided demonstrating that the infrastructural and utility

network serving the site is in good working order, and that adequate capacities exist to support the proposed use. This study shall include an Inflow and Infiltration (I&I) analysis and shall document

how I&I will be reduced by a 3:1 ratio, either on or in the immediately vicinity of the site, or elsewhere in the Village.

(5)

A traffic study shall be provided documenting existing traffic operating conditions in the vicinity of the

site, potential traffic related impacts of the proposed use, and necessary mitigation measures. This study shall include measures to enhance public transit to and from the site.

(6)

A municipal service impact study shall be provided, documenting impacts of the proposed use on

municipal services.

(7)

An educational resources impact study shall be provided, documenting impacts of the proposed use on local

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