Article V Supplementary Regulations and Nonconforming Buildings and Uses

The storage, parking or use of a trailer, mobile home or boat by any person or persons is hereby prohibited in each and all of the districts enumerated in Article III of this chapter, except that storage or parking may be conducted in public garages or in the open on an occupied lot not nearer than eight feet from the rear lot line of such lot, provided that such trailer or mobile home is not placed in use and the doors thereof are kept securely locked.

Parking on public lands and thoroughfares. It shall be unlawful for any person to park a trailer, mobile home or boat or allow the same to remain parked upon any public lands, streets or public thoroughfares or any parts thereof within the limits of the Village.

Exceptions. Any such recreational vehicle with cannot be moved to a garage, service station or private premises because of the need for necessary repair shall be granted, without fee and upon proper request, a permit valid for a period of 48 hours from the issuance thereof. Any trailer used for the removal of materials from the premises adjacent to where the trailer is parked shall be granted, without fee and upon proper request, a permit valid for a period of 48 hours from the issuance thereof.

Violations and penalties. Any person who shall violate any provision of this article shall be subject to the fines and penalties provided for in Article X of this chapter.

Buildings in a business district having an alley frontage. No building in a business district on a lot fronting on an alley shall be erected or enlarged unless an unobstructed space is provided, immediately accessible to such alley and wholly within the confines of the lot, for the loading and unloading of at least two motor vehicles at one time. Such space shall be not less than 10 feet wide and 30 feet long for each vehicle. No building shall be erected or altered so that access thereto is solely from such alley.

Parking in front yards prohibited in residential districts. Parking spaces or parking areas, with the exception of driveways, shall not be permitted within front yards in any residential district in the Village. For purposes of this section, the portion of any driveway (excluding the 20 feet immediately in front of any garage) that is wider than 12 feet shall be considered to be part of a parking area; except that in the three feet of a driveway closest to the curb, the width of the driveway may gradually fan out to a width of up to 16 feet at the curb. The parking or storage of vehicles upon lawns or other unimproved areas shall not be permitted on any lot improved by a dwelling structure in any residential district in the Village. Circular driveways are deemed front yard parking, except in the One-Family Residence AAA District. In addition, all driveways shall be set back at least three feet from any side yard lot line. Notwithstanding any provision in this Code to the contrary, no existing curb cut may be widened or moved, nor any new curb cut made that is wider than 16 feet at the curb, without both: a variance, and approval, to the extent any driveway is built on Village property, from the Department of Buildings. Where additional parking space is sought in a side yard adjacent to any portion of any permitted driveway space that is located immediately in front of a garage, the width of such additional parking space may not extend more than 8.5 feet towards the adjacent side yard lot line, nor may the length of such additional parking space be more than 20 feet.

[Amended 12-11-1995 by L.L. No. 6-1995; 1-11-2021 by L.L. No. 2-2021]

Floor area ratio (FAR) controls.

[Added 4-14-2003 by L.L. No. 2-2003; amended 1-11-2021 by L.L. No. 2-2021]

Definition of "floor area ratio" (for a lot whose principal use is a one- or two-family dwelling): the ratio of the gross floor area of all buildings on a lot to the area of the lot on which the buildings are located. For the purpose of determining the floor area ratio (FAR), all floor areas of each floor of all principal and all accessory structures on the lot shall be included. Any interior space with a floor-to-ceiling height in excess of 14 feet shall be counted twice. Notwithstanding the preceding, the following shall be excluded from the calculation of floor area:

The aggregate area of all unroofed structures such as decks and patios and all spaces in unenclosed porches and porticos, except that existing unenclosed porches may be enclosed and the enclosed area excluded from the FAR calculation, provided that the exterior walls of the unenclosed porch and the walls of the dwelling to which the porch is attached are not relocated closer to the lot lines of the subject property than the existing unenclosed porch.

The aggregate area of any cellar, regardless of its use, unless it is defined as a "story," or of any basement unless it is defined as a "story." See "basement" definition.

The aggregate area, up to a maximum of 400 square feet, of grade-level garage parking (whether attached or detached) or basement-level parking.

In those instances where an additional story is provided above an attached garage:

100% of such floor area shall be included in the FAR if such floor area would not be excluded by applying the attic and sloping roof limitations in Subsection E(1)(d) below; and

The first 400 square feet only of such floor area immediately below the roof shall be excluded from the FAR, if the entire floor area would otherwise be excluded pursuant to the attic and sloping roof limitations in Subsection E(1)(d) below.

In those instances where an additional story is provided above a detached garage:

100% of such floor area shall be included in the FAR if such floor area would not be excluded by applying the attic and sloping roof limitations in Subsection E(1)(d) below; and

The first 400 square feet only of such floor area immediately below the roof shall be excluded from the FAR, provided that:

[i]

The entire floor area would otherwise be excluded pursuant to the attic and sloping roof limitations in Subsection E(1)(d) below; and

[ii]

The 400-square-foot exclusion referenced at Subsection E(1)(c)[2][b] above shall be reduced (but not below zero) by the amount (measured in square feet), if any, by which the total square footage of the floor area immediately below the roof exceeds 400 square feet.

Except as provided above, the aggregate area of all unfinished or finished space in an attic or under a sloping roof, provided that the total exterior width of all dormers does not exceed 30% of the exterior linear width of the portion of the roof upon which they are situated. The exterior linear width of the roof shall be measured from end to end at the widest point of the roof. Where the linear width of the dormers exceeds the limitation above, the total area in the attic or under the sloping roof shall be included in the calculation of FAR, except for that floor area where the vertical distance between the top of the floor beams and the structural ceiling level is five feet or less.

FAR Schedule. The maximum allowable FAR for a lot shall be determined by the following Residential FAR (Floor Area Ratio) Schedule. To determine the maximum gross floor area permitted for an individual one- or two-family house, the actual lot size shall be multiplied by the FAR listed in, or computed in accordance with, the schedule for the appropriate lot size category. Any houses over 7,500 square feet in floor area shall be subject to site plan review by the Planning Board.

Residential FAR (Floor Area Ratio) Schedule
Lot Size (square feet) [See Note (1)]	Maximum FAR	Maximum Gross Floor Area (square feet)
Less than 5,000	0.490
5,000	0.470	2,350
6,000	0.450	2,700
7,000	0.430	3,010
8,000	0.410	3,280
9,000	0.390	3,510
10,000	0.370	3,700
11,000	0.360	3.960
12,000	0.350	4,200
13,000	0.340	4,420
14,000	0.330	4,620
15,000	0.320	4,800
16,000	0.310	4,960
17,000	0.300	5,100
18,000	0.290	5,220
19,000	0.280	5,320
20,000	0.270	5,400
21,000	0.265	5,565
22,000	0.260	5,720
23,000	0.255	5,865
24,000	0.250	6,000
25,000	0.245	6,125
26,000	0.240	6,240
27,000	0.235	6,345
28,000	0.230	6,440
29,000	0.225	6,525
30,000	0.220	6,600
31,000	0.215	6,665
32,000	0.210	6,720
33,000	0.205	6,765
34,000	0.200	6,800
35,000	0.200	7,000
36,000	0.195	7,020
37,000	0.195	7,215
38,000	0.190	7,220
Greater than 39,000	0.190

Notes:
(1)	Each lot size range represents one to 999 square feet. FAR must be interpolated for any values that fall between the lot sizes indicated. For example, a lot of 12,500 square feet would have a FAR of 0.345.

Applicants for building permits for structures whose total floor area exceeds the maximum permitted FAR shall seek an area variance from the Zoning Board of Appeals in accordance with § 310-51 of the Bronxville Zoning Code. In considering the variance application, the Zoning Board of Appeals may, in its discretion, consider the design guidelines set forth in § 310-51C(2), and § 310-30A(1) and (2). The Zoning Board of Appeals may also, in its discretion, refer the application to the Design Review Committee for an advisory opinion.

Any application for an area variance for FAR for a structure shall require the submission of the following additional materials, in addition to those required for any other area variance:

Elevations of the houses on both sides of the subject structure;

Photographs of neighboring houses, structures, and yards within 200 feet on either side of the subject structure; and

Floor area ratios of neighboring houses on similarly sized lots within 200 feet on either side of the subject structure.

The applicant shall also provide written or verbal testimony addressing the proofs required for area variances.

Solar energy systems and equipment.

[Added 9-13-2010 by L.L. No. 2-2010; amended 3-14-2022 by L.L. No. 2-2022]

Legislative intent, purpose and definitions.

Legislative intent and purpose. The purpose of these provisions is to allow and encourage solar energy systems and equipment within residential and business districts, according to certain safeguards and conditions. The intent is to balance the desirability and demand for alternative energy systems with maintaining the aesthetics of the Village and minimize the potential for any negative impact by these systems and to protect the health, safety and welfare of the residents of the Village.

BUILDING-INTEGRATED PRIMARY EQUIPMENT

Definitions. As used in this Subsection F, the following terms shall have the meanings indicated:

A combination of solar panels and solar energy equipment integrated into any building envelope system in such a manner that they blend aesthetically and functionally into that structure (such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows), which produce electricity.

GLARE

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system located on the roof of any legally permitted building or structure.

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

SOLAR ENERGY SYSTEM

The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electricity.

Requirements for approval of solar energy systems.

In residential zoning districts:

Solar energy systems comprised entirely of building integrated primary equipment, requiring no zoning variance(s), shall not require Land Use Board approval(s), unless the building to which they are attached otherwise requires Land Use Board approval(s); in which case, they will be considered as part of the overall Land Use Board approval for the building. Standard building permit procedures shall apply.

Other solar energy systems, or exterior components thereof, shall be subject to design review site plan approval as provided in § 310-22F(6) of this Code. Standard building permit procedures shall also apply.

In nonresidential zoning districts: solar energy systems, or exterior components thereof, shall be subject to special permit approval as required in § 310-42N of this Code. Standard building permit procedures shall also apply.

Submission requirements for design review site plan approval for solar energy systems. Notwithstanding provisions of § 310-31 of this Code to the contrary, the site plan information and documentation required for a solar energy system site plan application shall be limited to the required information set forth in rule(s) adopted by the Planning Board from time to time.

Requirements for solar energy system design.

Non-roof-mounted solar energy equipment (or components thereof) shall be located in a side or rear yard only and shall comply with all setback requirements for a principal building.

Solar energy systems shall be permitted only to provide power for use by owners, lessees, residents or other occupants at the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a "net billing" or similar program in accordance with New York Public Service Law § 66-j or similar state or federal statute.

Roof-mounted solar energy systems:

Shall extend no more than 12 inches above the roof surface to which they are affixed;

On a flat roof, the equipment shall not extend above any cornice or parapet. Where there is no cornice or parapet, the equipment shall be set back from the roof edges four feet for each foot (or portion thereof) of solar energy system height; and

Vertical projection. When installed on a building or structure with a sloped roof surface, solar panels and solar energy equipment shall not project above the peak of the roof to which they are attached. When installed on a flat roof, such equipment shall not project above any cornice or parapet wall.

Ground-mounted solar energy systems:

Shall be located in a side or rear yard only and shall comply with all setback requirements for a principal building;

At full extension, shall not exceed 6 1/2 feet in height above the ground, as measured to the highest point on the equipment. If the ground level is raised or built up for the installation, this height will be measured from the preexisting ground level; and

The area upon which a ground-mounted solar energy system is located shall not exceed the lesser of 1,000 square feet in area or 5% of the area of the lot on which it is located.

(5)

Standards for review of solar energy systems by Design Review Committee and Planning Board.

In lieu of the standards for site plan review set forth in § 310-30 of this Code, the Design Review Committee and Planning Board shall consider the following design guideline standards and considerations in acting upon an application for a solar energy system:

All measures should be taken to avoid or mitigate any glare onto neighboring property or public rights-of-way.

To the greatest extent practicable, equipment shall be installed in a manner that minimizes its visibility from surrounding properties and public rights-of-way while maintaining viability and functional integrity.

To the greatest extent practicable, solar energy equipment shall use materials, colors and textures designed to blend with the structure to which it is affixed.

[4]

Solar energy equipment may be mounted on any section of the roof of a building provided it meets these guidelines and complies with the following requirements:

On a pitched roof facing a street or public way, the equipment must be mounted with the plane of the system parallel with the roof surface, and shall be mounted as close to the roof surface as possible.

On a pitched roof the highest point of the equipment at full extension shall not extend beyond the highest point of the roof to which it is attached and must be set back in accordance with the current Uniform Fire and Building Code.

[c]

To the greatest extent practicable, solar collector units shall be consolidated to one area on the roof, rather than scattered in multiple groups on the roof.

[d]

The equipment shall be installed so as to appear regular in shape and arranged in a pattern that conforms with the general shape and configuration of the roof upon which it is mounted. When the arrangement of equipment is broken up by a building feature, the equipment shall be arranged symmetrically.

[e]

The equipment and its installation shall not damage or obscure character-defining features, such as dormers, cornices, chimneys, or roofline.

[5]

To the maximum extent possible, all solar energy equipment other than the collectors shall be located within the building or on the side or rear of the building.

[6]

Ground-mounted solar energy equipment shall comply with the following requirements:

It shall be fully screened from adjacent properties by fencing, a combination of evergreen and deciduous plantings which shall not be less than 6 1/2 feet in height when installed, or, when possible and practicable, through the use of architectural features or screening that will harmonize with the character of the property and surrounding area.

All exterior electrical lines must be buried below the surface of the ground where possible or be placed in a conduit.

[7]

Such other considerations as the Design Review Committee and Planning Board may consider useful in effectuating the legislative intent and purpose of this § 310-22F.

[8]

Such other design guideline standards and considerations as the Village Board may adopt by resolution from time to time.

(6)

Streamlined procedure for site plan review of solar energy systems.

Applications for site plan approval for solar energy systems shall not be subject to a § 310-26B preapplication filing.

Applications for site plan approval for solar energy systems shall not be subject to the § 310-27 preliminary site plan process. They shall require final site plan approval only as provided in § 310-28. References in § 310-28 to preliminary site plan approval shall not apply.

The Design Review Committee shall review each application for a solar energy system, including in its consideration the design guideline standards and considerations set forth in §§ 310-22F(4) and (5)(a) of this Code and report its findings and recommendations to the Planning Board.

The Planning Board shall review each solar energy system application and shall approve, disapprove, or approve subject to modifications or conditions, being guided by the purpose and intent of this § 310-22F, the report of the Design Review Committee, and the design guideline standards and considerations for review of solar energy systems set forth in § 310-22F(4) and (5)(a).

Renewable energy systems.

[Added 9-13-2010 by L.L. No. 2-2010]

Legislative intent, purpose and definitions.

Legislative intent and purpose. The purpose of these provisions is to allow and encourage non-solar energy alternative or renewable energy systems, including those that harness wind or geothermal energy, within residential and business districts, according to certain safeguards and conditions. The intent is to balance the desirability and demand for alternative energy systems with maintaining the aesthetics of the Village and minimize the potential for any negative impact by these systems and to protect the health, safety and welfare of the residents of the Village.

RENEWABLE ENERGY EQUIPMENT

Definitions. As used in this Subsection G, the following terms shall have the meanings indicated.

GEOTHERMAL ENERGY SYSTEM

An energy system that uses heat or power from the earth's core for heating, cooling, or generating other types of energy.

Any device, equipment, supply lines, return lines, control valves, wiring, meters, switches, modules, or inverters associated with the installation or function of a renewable energy system.

RENEWABLE ENERGY SOURCES

Sources of energy that are naturally replenished, including wind and geothermal heat, but not including natural gas, petroleum and other petrochemicals, and coal.

RENEWABLE ENERGY SYSTEM

An energy system that uses or harnesses renewable energy sources to generate electricity, heat, or cooling, except solar energy systems that are regulated under § 310-22F.

General standards for renewable energy systems and equipment.

Any aboveground renewable energy equipment shall not be located in any principal front yard, except that on corner lots, such equipment may be installed in a nonprincipal front yard when approved by the Planning Board.

Procedure.

Site plan approval. Notwithstanding the provisions of § 310-26A, site plan approval is not required for any geothermal energy system except where Planning Board approval is specifically required by this Subsection G.

A plan shall be submitted to the Superintendent of Buildings as a requirement for the issuance of a building permit for any alternative energy system. Such plan shall indicate all existing and proposed grading, excavating, filling, paving, fencing, and screening as it may relate to the proposed alternative energy system. The plan shall also indicate the location of all property lines and adjacent buildings, including buildings across an adjacent street, and shall comply with the requirements and standards of this Subsection G. The Superintendent of Buildings may refer any such application to the Planning Board and/or Design Review Committee for review and comment, but nothing contained in any such review or comment shall limit or otherwise affect the authority of the Superintendent of Buildings to issue or deny the permit.

§ 310-23 Signs.

[Amended 12-11-1995 by L.L. No. 6-1995]

Legislative intent, purposes and definitions.

The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types and certain indoor signs. It is intended to protect property values and create a more attractive economic climate; to protect and enhance the physical appearance of the community and preserve its scenic, man-made and natural beauty, by ensuring the signage is appropriate to the character of Bronxville and its commercial districts; to reduce sign distractions and obstructions that may be created by signs projecting and obstructions that may contribute to traffic accidents and to reduce hazards which may be created by signs projecting over sidewalks or streets; and to regulate signs in a manner consistent with the legislative intent and purposes set forth in Subsection A of § 310-43 of this chapter which establishes a Planning Board.

Definitions. For the purposes of this section, the following terms shall have the following meanings:

BUSINESS ESTABLISHMENT

Any premises, either separate or defined by permanent party walls within the building, with a common entrance or entrances for one or more businesses conducted therein.

ERECT

To paint, build, construct, alter, display, relocate, attach, hang, place, suspend or affix. Such term does not include maintenance and repair but does include the repainting or refinishing of a sign in a manner which changes the color or design of the sign or any of its components.

SIGN

Any material, structure or device which is:

Composed of letters, pictures or symbols;

Designed or used for the purpose of attracting or which does attract, the attention of the public to the subject matter thereof; and

Either located out of doors on the exterior of a building or located inside a building within five feet of the window or in a manner to be viewed principally by passersby.

SIGN, ILLUMINATED

Any sign, including but not limited to neon, in or upon which an artificial light source is utilized in a manner to illuminate the information and graphics of the sign. There are four types:

SELF-ILLUMINATED:

TYPE ADirect source wherein the light source itself is shaped and utilized to form the sign (e.g., neon or an array of individual lamps).

TYPE BInternal illumination wherein a translucent, transparent or opaque material which forms the sign is backlighted by the light source and the light source enclosed from direct view.

EXTERNALLY ILLUMINATED:

Direct external illumination wherein the sign is illuminated by a light source place in a manner to cast light upon the sign.

Indirect external illumination wherein the sign, whether on an opaque, transparent or translucent panel or apply to the window of the business establishment, is illuminated by ambient light.

STREET

Any public or private way, street, avenue or road.

General standards for signs.

[Amended 10-14-2002 by L.L. No. 3-2002]

The design, character, size and scale of signs shall be in keeping with and appropriate to the architectural design of the building or structure upon which they are placed, the design of neighboring properties and adjoining signs and the character of Bronxville and its commercial districts.

Except as permitted in Subsection B(3) below, the number of signs for each business establishment shall be limited to one per street facade with a maximum of two signs per business establishment in the case of buildings located on the corner of a public right-of-way. Such signs may be displayed on the building or an awning or within a window, but not in more than one such location per street facade. Such signs shall be limited to the business name and principal business activity conducted on the premises.

In addition to the sign(s) permitted in Subsection B(2) above, the following signs may be displayed in business establishments:

Signs identifying the occupant of a permitted professional office or studio in a residence. Each sign shall be limited to one square foot in surface area and there shall be no more than one such sign for each such occupant on any premises.

Informational signs not larger than one square foot in surface area relating to business hours, entrance and egress, licenses, credit cards or as required by law. Not more than one such sign per business establishment may be affixed to the glass or a window or door.

The name of each business conducted in a business establishment in letters in a single color may also be displayed on the main entrance door in letters not over two inches high or on the bottom edge of one awning in letters not over four inches high, but not both, and in one window of a second floor business establishment in letters not over four inches high.

Temporary signs, advertising display panels, posters and similar graphic material, provided that such signs comply with regulations established by the Planning Board.

Further, more specific sign standards may be established by the Planning Board from time to time, pursuant to Subsection N of this section.

Prohibited signs and signs regulated further by the Planning Board.

The following signs are prohibited:

Flashing, moving or fluttering signs and signs which emit smoke, visible vapors or particles, sound or odor.

Exterior self-illuminated sign (Types A and B) and interior self-illuminated signs (Types A and B) which are located closer than five feet from any point to a display window or elsewhere within the interior in a manner to be viewed principally by passersby.

Externally illuminated signs (Types C and D), whether exterior or interior, that:

Do not identify the name and type of business;

Are not the principal sign of the business for that facade; or

Do not comply with other related provisions authorized by Subsection N herein.

Signs affixed to exterior glass, except informational signs as specified in Subsection J(1)(h) of this section.

(e)

Signs of such a design and location that they interfere with, compete for attention with or may be mistaken for a traffic signal.

(f)

Freestanding or projecting signs within an area bounded by the intersection of the rights-of-way of two or more streets and points 30 feet from such intersection along the rights-of-way of such streets, except informational signs erected by a governmental body.

(g)

Exterior signs containing product or service advertising, trade names or logotypes separate from the name of the business.

(h)

Temporary real estate and other trade signs erected on a property for sale or under renovation, except that "Space Available" signs shall be permitted in the Central Business District in compliance with regulations adopted by the Planning Board.

(i)

Signs on any exterior wall of a building above the ground floor, except signs on windows which are otherwise permitted in accordance with this section or which are specifically excepted in Subsection J below.

(j)

Signs in residential zoning districts with the exception of those permitted under § 310-23J(1)(a), (b), (c), (e), (f),and (g), § 310-23B(3)(a) and § 310-23O.

[Added 3-13-2023 by L.L. No. 2-2023]

The following further sign regulations, pursuant to Subsection N herein, apply. Prohibited exterior or interior illuminated signs presently displayed shall not be illuminated after six months from the date of this amendment to the Village Code except as allowed for a time by the Planning Board Sign Regulation authorized by Subsection N herein; provided, however, that any existing sign of Type A or B which was in place prior to the effective date of the Village Ordinance of 1958 and which identifies the name of the business conducted on the premises may be illuminated during the hours the establishment is open for business subject to the Planning Board Sign Regulations authorized by Subsection N herein.

Permit. Except as specifically exempted in Subsection J below, no sign may be erected or displayed on a building facade, awning or on or within a window without first obtaining a sign permit from the Superintendent pursuant to the results of review by the Design Review Committee and the Planning Board.

Application.

An application for a sign permit shall be made to the Superintendent and shall comply with regulations established by the Planning Board. The Superintendent shall forward all applications to the Planning Board for review and report.

The Design Review Committee shall review each permit application to determine whether the proposed sign is consistent with the purpose and intent of this section and shall prepare a report of its findings and recommendations to the Planning Board.

The Superintendent may request a determination or interpretation from the Planning Board on any provision of this section prior to taking action hereunder.

Hearing and action. Except on occasions when an application is deemed approved pursuant to Subsection P of this section, the Planning Board shall review each permit application and shall approve, disapprove or approve subject to modifications or conditions, being guided by the purpose and intent of this Zoning Code, the report of the Design Review Committee, and the requirements of this § 310-23, any regulations pertaining to signs adopted by the Planning Board pursuant to Subsection N of this section and other laws of the Village of Bronxville. The Superintendent shall, within five working days of approval or within five working days of compliance with any modifications or conditions required for approval, as the case may be, issue a permit for the erection of the proposed sign.

[Amended 3-13-2023 by L.L. No. 2-2023]

Procedure. The provisions for hearing and notice of hearings on applications for development set forth in Subsections D and E of § 310-44 of this chapter shall apply to hearings and notices of hearings on permit applications under this section, except that no notice by personal service or certified mail shall be required. Whenever an application for development includes a proposed sign for which approval by the Planning Board is required under this section, the Planning Board may act upon the proposed sign under the application for development without requiring a separate permit application, notice of hearing and hearing under this section.

Permit fees. The permit fees shall be determined by resolution of the Board of Trustees of the Village of Bronxville.

Permit void. A sign permit shall be void if the sign authorized thereunder has not been erected within 180 days from the date of issuance. The owner or applicant of said sign shall be responsible for establishing the date of sign erection in the issued sign permit.

Exemptions.

A permit shall not be required for the following signs, provided that such signs comply with any regulations issued or established by the Planning Board pursuant to Subsection N of this section.

Traffic signs erected by a governmental body.

Emergency signs erected for the safety of the public in an area where repair or installation work is in progress.

Signs on residential premises identifying the owner or resident and the address of such premises. Each such sign shall be limited to one square foot in surface area.

Business establishment signs which meet the requirements of Subsection B(3) of this section.

[Amended 10-14-2002 by L.L. No. 3-2002]

(e)

Signs indicating the private nature of a road, driveway or other premises and signs limiting the use of private property by the public. Each such sign shall be limited to one square foot in surface area.

(f)

Signs in the nature of memorial or historical markers, tablets or cornerstones. Each such sign shall be limited to two square feet in surface area.

(g)

Nonilluminated signs used by places of worship to identify the place of worship and the names of clergy thereof and impending programs of worship. Each such sign shall be limited to three feet by four feet in dimension.[1]

Editor's Note: Former Subsection J(1)(h), (i) and (j), regarding informational signs, additional signs and temporary signs, which immediately followed, were repealed 10-14-2002 by L.L. No. 3-2002. For current provisions, see Subsection B(3)(b), (c) and (d).

The provisions of this subsection shall not be construed to permit any sign prohibited by Subsection C of this section.

Conditions for continued bona fide display of signs.

The applicant shall be responsible for the accuracy of all dimensions relating to the building and the sign. In cases where the actual sign does not conform to the approved design, the applicant may be required at his own expense to remove, correct or replace the sign.

Signs shall be maintained in good and complete condition, with panels, letter forms and graphics firmly mounted and in true alignment and finishes in good repair.

Removal of certain signs. Any sign which at any time no longer advertises a bona fide business or other activity then being conducted on the premises on which such sign is located or a product or service then being offered on such premises or which does not comply with conditions established for the issuance of a permit pursuant to this section shall be deemed prohibited and shall be removed by the owner of such premises or shall be brought into compliance with this section.

Violations and penalties. Violations of this section of the chapter shall be subject to penal and civil penalties as set forth in Article X of the chapter.

Regulations. The Planning Board is authorized to adopt regulations not inconsistent with any specific provisions of this section, setting forth standards by which signs will be determined to be consistent or not consistent with the purpose and intent of this section, including without limitation standards governing the elevations, projections and location of the letters, symbols and pictures of which signs are composed, the material of which signs are made and the size, color and lighting and all other matters pertaining to the administration of this § 310-23 pertaining to signs, including the form and content of sign applications.

Regulations for institutional uses in residential zones. The Planning Board is authorized to modify the standards set forth in this chapter concerning the design, content, location and number of signs on a case-by-case basis as they deem appropriate when considering sign applications for institutional uses (including, but not necessarily limited to, any use that fulfills a role related to health care, education, recreation, or worship) located within a residential district. In an application to modify said restrictions, the Planning Board shall consider such factors as the Planning Board deems appropriate, including, but not limited to, the protection and preservation of the character of the surrounding neighborhood. The Planning Board is further authorized, from time to time, to adopt sign regulations for institutional uses located in residential zones by resolution.

[Added 3-13-2023 by L.L. No. 2-2023]

In an application where the sole relief sought is a sign permit, if the Design Review Committee issues a positive recommendation on the application and the Planning Board Chair does not, within five business days of receipt of the recommendation, direct that the application be placed on a Planning Board agenda, the application will be deemed approved in accordance with the Design Review Committee by the Planning Board and the sign permit shall be issued.

[Added 3-13-2023 by L.L. No. 2-2023]

§ 310-24 Lighting.

[Amended 12-11-1995 by L.L. No. 6-1995]

Legislative intent; purpose and definitions.

Purpose. The primary purpose of these standards is to promote and protect the public welfare by regulating the appearance of and light trespass from exterior lighting located on private property within the Village in order to ensure a nighttime appearance within the Village which is consistent with the Village's character and overall architectural quality. A second purpose is to encourage and in some cases mandate consistent nighttime appearance within the central business district by regulating the amount and appearance of that interior lighting within buildings housing commercial uses which is visible from adjacent areas and by providing guidelines for all-night lighting.

Definitions. For the purposes of this section, the following terms shall have the following meanings:

ADJACENT AREAS

Property from which light from a light source is visible, including sidewalks, streets and other public or private property.

EXTERIOR LIGHTING

All outdoor lighting, inclusive of but not limited to all lighting fixtures mounted on the exterior of buildings or structures, freestanding poles, bollards or located at ground level on private property.

FLOODLIGHTING

Any lighting directed to any object of regard.

HOUSE SHIELD

An opaque baffle or shield located on or within a lighting fixture such that its light distribution is reduced in certain directions, typically within the 90º quadrant to the rear of the lighting fixture.

INCANDESCENT LIGHT

Illumination produced by a filament which is heated by an electric current, including quartz and halogen lights.

LIGHT

Radiant energy which is capable of exciting the retina and producing a visual sensation.

LIGHTING

The combination of light source, lighting fixture and location which provides illumination.

LIGHTING FIXTURE

A complete lighting unit consisting of a lamp together with the parts designed to distribute the light, position and protect the lamp and connect the lamp to the power supply. The following terms describe generic types of lighting fixtures:

DECORATIVEAn ornamental fixture having an appearance and light distribution intended to provide decoration and visual interest as well as functional illumination.

SHIELDEDA fixture whose shape and optical design prevents a direct view to the light source at normal viewing angles (less than 20º above the horizontal).

UNSHIELDEDA fixture whose shape and optical design permits a direct view to the light source or its image as seen through a diffuser, globe or lens, at normal viewing angles (less than 20º above the horizontal).

LIGHT SOURCE

A man-made source of light, typically housed within an evacuated glass envelope and requiring the application of electric power to produce light by heating a filament or exciting gases or phosphors.

LUMINANCE

The photometric equivalent of the physical sensation of brightness, specifically the amount of light leaving a surface in a particular direction, measured in footlamberts (fL).

STOREFRONT

Display windows of a building housing a commercial use visible from a street, sidewalk or other pedestrian way accessible to the public or adjacent public or private property.

General standards for exterior lighting.

The design, character, size and scale of exterior lighting fixtures visible from adjacent areas shall be consistent with the architectural character of adjacent buildings and their setting within the Village.

All exterior lighting visible from adjacent areas shall use incandescent or fluorescent light sources, except as otherwise permitted by the provisions of this section.

Except as otherwise provided in this section, the following light sources and lighting fixture types shall not be used within the Village where the light emitted is visible from adjacent areas, except as otherwise provided in this section:

High-pressure sodium, low-pressure sodium, mercury vapor and neon light sources.

Cobra-head-type lighting fixtures having dished or drop lenses or refractors which house other than incandescent sources.

Searchlights and other high-intensity narrow-beam fixtures.

Lighting fixtures having flashing, rotating, moving, pulsing or alternating colored sources.

Building facades and architectural features of buildings shall not be floodlighted unless the following conditions are met:

Floodlight fixtures are equipped with baffles and/or shields and are so located as to limit the fixture's direct light distribution to the facade or feature being illuminated.

The configuration of the floodlight installation shall block all view to the floodlight fixture's lamp(s) from adjacent areas.

The maximum luminance of any floodlighted surface does not exceed five fL, measured at a distance of 50 feet along the normal from the surface to a standing observer.

(5)

Area and security lighting of garage forecourts, parking lots, pedestrian paths and building perimeter areas shall conform to the following conditions:

Decorative fixtures may be used, provided either that the maximum installed lamp wattage is no greater that 150 watts (incandescent) or the fixture configuration limits the luminance of any portion of its light emitting surface to a maximum of 1,000 fL, measured at a distance of 25 feet along the normal from the fixture center to a standing observer.

Nondecorative utility-type fixtures, including security and area floodlights, shall be provided with baffles and/or shields which limit the lighting fixture's direct light distribution within the property line and which block all view to the lighting fixture's lamp from an observer standing on adjacent areas.

No freestanding or building-mounted area lighting fixture shall be located higher than 16 feet above finished grade level.

Unshielded area lighting fixtures located within 15 feet of the property line shall be provided with a house shield baffle to reduce the degree of light trespass flowing onto adjacent areas.

(6)

Sports fields and tennis/racquet ball courts may be lighted, provided that lighting fixtures are provided with baffles and/or shields which limit the lighting fixture's direct light distribution to the playing area and which block all view to the lighting fixture's lamp from adjacent areas.

Lighting of signs and storefronts.

Exterior signs may be lighted, providing the sign conforms to the requirements of § 310-23 and a sign lighting permit is obtained. The lighting of exterior signs shall conform to the following:

Signs may be externally illuminated using incandescent or fluorescent sources. Metal halide sources not exceeding 150 watts may be used for exterior sign illumination by a special permit.

Self-illuminated exterior signs shall not be permitted.

The luminance of lighted exterior signs shall not exceed 100 fL, measured at a distance of 25 feet along the normal from the sign to a standing observer.

Interior signs which are so placed as to be visible from the exterior may be lighted, provided that the sign conforms to the requirements of § 310-23 and a sign lighting permit is obtained. The lighting of interior signs shall conform to the following:

Interior signs may be externally illuminated using incandescent or fluorescent sources.

Self-illuminated interior signs shall be permitted if located at least five feet from any point on a display window and which are not oriented so as to be primarily visible from the exterior.

The luminance of lighted interior signs shall not exceed 200 fL, measured at a distance of 10 feet along the normal from the sign to an observer standing outside the display window.

Interior lighting associated with display windows and storefronts shall conform to the following requirements:

Light sources and lighting fixtures which are prohibited for exterior use or which require a special use permit under the provisions of this section shall not be used within buildings where the light emitted from such sources or lighting fixtures is visible from adjacent areas. This requirement shall extend to interior security lighting as well as general and display lighting used during operating hours.

Lighting within display windows and storefronts shall use incandescent sources.

Although not required by the provisions of this section, landlords and tenants of storefronts are strongly encouraged to light such storefronts from dusk to dawn with a minimum level of all-night storefront lighting equivalent to 15 watts of incandescent lighting per linear foot of display window fronting a street or pedestrian pathway accessible to the public.

Permit.

Except as otherwise provided in this subsection, a permit shall be required for the following uses:

Lighting of signs.

Uses set forth in this section.

A permit shall not be required for temporary holiday and special event lighting of a nonpromotional nature, provided that such lighting uses incandescent sources and is limited to a maximum of 60 days per year. Colored and flashing incandescent sources shall be permitted for such temporary uses, but the use of other light sources shall require a permit.

Certain light sources and lighting fixture types otherwise prohibited by provisions of this section may be installed when approved by the Planning Board, subject to the following conditions:

Metal halide sources may be used for parking and area lighting, provided that they are housed within either of the following:

Shoebox or sharp cutoff-type lighting fixtures whose light distribution pattern directs all light emitted from the lighting fixture below the horizontal plane level with the bottom of the lighting fixture.

Decorative lighting fixtures whose optical configurations limit the luminance of any portion of the globe surface to a maximum of 1,000 fL, measured along the normal from the globe center at a distance of 25 feet to a standing observer.

Shoebox-type metal halide lighting fixtures shall be located such that the bottom surface of their lenses are no higher than 16 feet above finished grade level. All metal halide lighting fixtures located within 15 feet of the property line shall be provided with a house shield baffle to reduce the degree of light flowing onto adjacent areas.

Metal halide sources may be used for the lighting of sports fields and tennis/racquet ball courts, provided that lighting fixtures housing such sources are provided with baffles and/or shields which limit the lighting fixture's light distribution to the playing area and which block all view of the lighting fixture's lamp from adjacent areas.

Application.

An application for a permit shall be made to the Superintendent and shall comply with regulations established by the Planning Board. The Superintendent shall forward all applications to the Planning Board for review and approval.

The Design Review Committee shall review each permit application to determine whether the proposed lighting is consistent with the purpose and intent of this section and shall prepare a report of its findings and recommendations to the Planning Board.

§ 310-25 Nonconforming buildings and uses.

The Superintendent may request a determination or interpretation from the Planning Board of any provision of this section prior to taking action hereunder.

Hearing and action. The Planning Board shall review each permit application and shall approve, disapprove or approve subject to conditions, being guided by the purpose and intent of this chapter, the report of the Design Review Committee, the requirements of this section, any regulations pertaining to lighting adopted by the Planning Board and other laws of the Village. The Superintendent shall, within five working days of approval or within five working days of compliance with any modifications or conditions required for approval, as the case may be, issue a permit for the proposed lighting.

Procedure. The provisions for hearings and notice of hearings on applications for development set forth in Subsections D and E of Section § 310-44 of this chapter shall apply to hearings and notices of hearings on permit applications under this section, except that no notice by personal service or certified mail shall be required. Whenever an application for development includes a proposed lighting use for which approval by the Planning Board is required under this section, the Planning Board may act upon the proposed lighting usage under the application for development without requiring a separate permit application, notice of hearing and hearing under this section.

Permit fees. Permit fees shall be determined by resolution of the Board of Trustees of the Village.

Permit void. A permit issued under this section shall be void if the lighting authorized thereunder has not been erected within 180 days from the date of issuance.

Removal of noncomplying lighting. Any lighting use authorized by a permit which does not comply with conditions established for the issuance of the permit shall be deemed prohibited and shall be removed by the owner of such premises or shall be brought into compliance with this section.

Violations and penalties. Violations of this section shall be subject to penal and civil penalties as set forth in Article X of this chapter.

Regulations. The Planning Board is authorized to adopt regulations not inconsistent with any specific provisions of this section, setting forth standards by which lighting will be determined to be consistent or not consistent with the purpose and intent of this section and all other matters pertaining to the administration of this section, including the form and content of a special permit application.

Governmental exemption. The provisions of this section shall not apply to the federal or state government or any of their respective agencies, political subdivisions or municipal corporations, including the Village, public schools or railroads.

[Amended 12-11-1995 by L.L. No. 6-1995]

The following provisions shall apply to all buildings and uses existing lawfully on the effective date of the Zoning Ordinance of 1958, or any amendments thereto, which buildings and/or uses do not conform to the requirements set forth in this chapter.

Such nonconforming use of buildings or open land may be continued indefinitely, but:

Shall not be enlarged, extended or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever;

Shall not be changed to another nonconforming use; and

Shall not be reestablished if such use has for any reason been discontinued for a period of over one year or has been changed to or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.

Except as provided in Subsection D below, no building which houses such a nonconforming use shall be:

Structurally altered or enlarged; or

Moved to another location where such use would be nonconforming.

Subject to Subsection A, if a building which houses such a nonconforming use is destroyed up to 50% of its market value accidentally due to fire, explosion or other cause, such building may be restored within one year in substantially the same form and location and the same nonconforming use may be reinstated, without being extended. Any nonconforming use destroyed beyond 50% of its market value must be reconstructed in conformance with the provisions of this chapter.

Any building (other than a sign), the use of which is in conformity with the regulations set forth in this chapter, but which building does not conform to one or more of the requirements hereof other than the use requirements, may be altered, enlarged or rebuilt, provided that such building shall not be altered, enlarged or rebuilt so as to increase the degree of nonconformity thereof.

Nothing in this section shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon issuance of a building permit of major structural alterations or demolition necessary in the interest of public safety. In granting such a permit, the Superintendent of Buildings shall state the precise reason why such alterations were deemed necessary.[1]

§ 310-25.1 Supplementary standards for the provision of affordable housing units.

Editor's Note: Former Subsection E, which followed, regarding banks, as amended 1-8-2001 by L.L. No. 2-2001, was repealed 7-12-2004 by L.L. No. 3-2004.

[Added 1-11-2021 by L.L. No. 3-2021]

Definitions. As used in this section, the following terms shall have the meaning indicated:

AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT

A for-purchase housing unit 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 United States 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, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan; and

A rental unit 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% of AMI adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

Required affordable AFFH unit component.

Within all residential developments of 10 or more units created after the effective date of this section by subdivision or site plan approval, no fewer than 10% of the total number of units must be created as AFFH units. In residential developments of five to nine units, at least one AFFH unit shall be created. Rounding shall be done as follows: for 10 to 14 housing units: one AFFH unit; for 15 to 24 housing units: two AFFH units; then continuing in like increments as the number of housing units increases.

No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for AFFH units created under this subsection.

Notwithstanding the above, all such AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

Maximum rent and sales price. The maximum monthly rent for an AFFH unit and the maximum gross sales price for an AFFH unit shall be established in accordance with United States Department of Housing and Urban Development guidelines as published in the current edition of the "Westchester County Area Median Income (AMI) Sales and Rent Limits" available from the County of Westchester.

Time period of affordability. Units designated as AFFH units must remain for a minimum of 50 years from the date of the initial certificate of occupancy for rental properties and from the date of original sale for ownership units.

Property restriction. A property containing any AFFH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to Municipal Counsel which shall ensure that the AFFH unit shall remain subject to regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the AFFH unit prior to the issuance of a certificate of occupancy for the development.

Unit appearance and integration.

Within single-family developments, the AFFH units may be single-family homes or if the Planning Board so elects, they may be incorporated into one or more two-family homes. If the Planning Board so elects, one or more AFFH units may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the development. Each such two-family home shall be located on a lot meeting the minimum lot area for the single-family homes in the development. All such units shall be indistinguishable in appearance, siting and exterior design from the other single-family homes in the development, to the furthest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units.

Within multifamily developments, the AFFH units shall be physically integrated into the design of the development, and where multiple AFFH units are required, to the extent feasible, they shall be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development. The AFFH units shall not be distinguishable from other market rate units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units.

Minimum floor area.

The minimum gross floor area per AFFH unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and no less than the following:

Dwelling Unit	Minimum Gross Floor Area (square feet)
Efficiency	450
1-bedroom	675
2-bedroom	750
3-bedroom	1,000 (including at least 1.5 baths)
4-bedroom	1,200 (including at least 1.5 baths)

For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies.

Occupancy standards. For the sale or rental of AFFH units, the following occupancy schedule shall apply:

Number of Bedrooms	Number of Persons
Efficiency	Minimum: 1; maximum: 1
1	Minimum: 1; maximum: 3
2	Minimum: 2; maximum: 5
3	Minimum: 3; maximum: 7
4	Minimum: 4; maximum: 9

Affirmative marketing. The AFFH units created under the provisions of this section shall be sold or rented, and resold and rerented during the required period of affordability, to only qualifying income-eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and ethnically diverse households.

Resale requirements.

In the case of owner-occupied AFFH units, the title to said property shall be restricted so that, in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this section, or the sum of:

The net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between: a) the month that was two months earlier than the date on which the seller acquired the unit, and b) the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index and fails to designate a successor index, the Village of Bronxville will designate a substitute index; and

The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight-line basis over a fifteen-year period from the date of completion, and such approval shall be requested for said major capital improvements no later than the time the seller of the unit desires to include it in the resale price.

Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.

Lease renewal requirements.

Applicants for rental AFFH units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law.

If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this section, then said resident may complete their current lease term and shall be offered a nonrestricted rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the AFFH unit they occupy but shall not be offered a renewal of the lease beyond the expiration of said term.

Administrative and monitoring agency. The County of Westchester shall be responsible for monitoring the AFFH units during the units' periods of affordability and for monitoring compliance with the affirmative marketing responsibilities of those creating the AFFH units.

Expedited project review process.

Preapplication meeting. The Planning Board's preapplication meeting process shall be followed in connection with developments which include AFFH units. The purposes of the preapplication meeting will include discussion of means to expedite the development application review process through:

The early identification of issues, concerns, code compliance and coordination matters that may arise during the review and approval process.

The establishment of a comprehensive review process outline, proposed meeting schedule and conceptual timeline.

Meeting schedule and timeline. Village departments, boards, committees and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication process to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including AFFH units shall be entitled to at least one additional meeting per year with the same departments, boards, or committees to review any and all items discussed at previous preapplication meetings.