Village of Croton-on-Hudson E-Notice
Please be advised that Local Law 1 of 2017, which is included below, was passed by the Board of Trustees at the March 6, 2017 meeting. The law amends the Village's zoning code regarding walls, retaining walls, fences and accessory uses.
Village of Croton-on-Hudson
Board of Trustees
LOCAL LAW 1 of 2017
A LOCAL LAW TO AMEND THE ZONING CODE OF THE VILLAGE OF CROTON-ON-HUDSON REGARDING WALLS, RETAINING WALLS, FENCES AND ACCESSORY USES
Be it enacted by the Board of Trustees of the Village of Croton-on-Hudson as follows:
Section One. In section 230-4 of Chapter 230 of the Code of the Village of Croton-on-Hudson, the definition of ACCESSORY is hereby amended in its entirety to read as follows:
A building or use clearly incidental or subordinate to and customarily used in connection with the type of principal building or use on the same lot. In order for a structure to be considered part of a principal building, it must, at a minimum, share a common wall with the principal building or be connected to the principal building by common fully enclosed space.
Section Two. In section 230-4 of Chapter 230 of the Code of the Village of Croton-on-Hudson, the definition of BUILDING is hereby amended by replacing subsection (C) with the following subsection (C) and adding the following new subsection (H):
C. Walls, other than retaining walls, over five feet in height.
H. Retaining walls.
Section Three. In section 230-4 of Chapter 230 of the Code of the Village of Croton-on-Hudson, the definition of HEIGHT is hereby amended by adding the following new subsections:
- The height of any berm, wall, or other structure upon which a fence is placed shall be included in the measurement of the height of the fence. Except that, if a fence is placed on the higher elevation side of a retaining wall, and at a distance of four feet or more horizontally from the exterior face of such retaining wall, the height of the retaining wall shall not be included in the measurement of the height of the fence.
- The height of any wall shall include the height of any berm, wall, or other structure upon which the wall is constructed. If a wall or system of walls is constructed in “steps” or components within four feet of each other, it shall be considered one wall for the purpose of measuring its height.
Section Four. Section 230-4 of Chapter 230 of the Code of the Village of Croton-on-Hudson is hereby amended by adding the following new definition:
Any wall or system of walls retaining more than four feet of earth. The height of earth retained shall be measured from the ground level at the lower side of the retaining wall(s) to the top of the retaining wall(s). When the word “wall(s)” is used in this Chapter, it shall be deemed to include “retaining wall(s)” unless otherwise specified. “Retaining wall(s)” are a subset of “wall(s)”.
Section Five. Section 230-40.A(1)(b) of Chapter 230 of the Code of the Village of Croton-on-Hudson is hereby amended in its entirety to read as follows:
(b) Except as provided in Subsection H below for fences, walls, and retaining walls, such buildings shall be set back not less than five feet from any lot line.
Section Six. Section 230-40.B of Chapter 230 of the Code of the Village of Croton-on-Hudson is hereby amended in its entirety to read as follows:
Relation of accessory buildings to streets. Except as provided in Subsection (H) below for fences, walls, and retaining walls, no accessory building shall project nearer to the streets on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages or if the principal building does not face upon the street or for that or other reason related to topography or the characteristics of the neighborhood the
requirement that accessory buildings project nearer to the street than such principal building is not appropriate, the Zoning Board of Appeals may authorize the issuance of a special permit for the erection of such garage or other accessory building which may project nearer to the street than such principal building, the normal front yard setback requirements for a principal building to apply to such garage or accessory building unless the Zoning Board of Appeals shall specify otherwise and except that the Zoning Board of Appeals may authorize the issuance of a special permit for the erection of garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.
Section Seven. Section 230-40.E(1) of Chapter 230 of the Code of the Village of Croton-on-Hudson is hereby amended in its entirety to read as follows:
(1) Permitted obstructions. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a property line.
Section Eight. Section 230-40 of Chapter 230 of the Code of the Village of Croton-on-Hudson is hereby amended by adding the following new subsection (H):
H Fences and walls.
- Fences or walls in front yards shall be not more than four feet in height and, in the case of fences, not more than fifty percent solid, except as provided in subsection C(1) above. Provided, however, that the Planning Board shall have the authority, during the site plan review process, to approve retaining walls in front yards with a maximum height of six feet if the Planning Board makes a determination that a higher wall is required for the grading necessary to construct the driveway or primary structure.
- Fences or walls not over six feet in height may be erected anywhere on a lot except in a front yard.
- Fences not over eight feet in height and not more than twenty-five percent solid may be erected anywhere on a lot except in a front yard.
- Fences shall be erected with the finished side facing the street(s) or abutting lot(s).
Section Ten. Section 230-164.B of the Chapter 230 of the Code of the Village of Croton-on-Hudson is hereby amended to read as follows:
B. Notice of hearing, property owners. The Zoning Board of Appeals shall not grant any appeal for a variance or issue any special or temporary permit without first holding a public hearing, notice of which hearing and of the substance of the appeal or application shall be given by publication in the official newspaper of the Village at least 10 days before that date of such hearing. In addition to such published notice, the Zoning Board of Appeals shall cause notice to be given of the substance of every appeal for a variance and of every application for a special permit, together with notice of the hearing thereon by
causing notices thereof to be mailed by postal card or other means at least 10 days before the day of said hearing to the owners of all property abutting that held by the applicant in the immediate area, whether or not involved in such appeal or application, and all other owners within 200 feet, or such additional distances as the Zoning Board of Appeals may deem advisable, from the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll of the Village. Provided, however, in the case of variance applications for fences or walls, notices shall only be required to be mailed to owners of properties immediately abutting, and directly across the street from, the exterior boundaries of the land involved in such applications. Any or all of the notices required by this section shall be issued by the office of the Village Clerk on order of the Zoning Board of Appeals or upon order of the Chairman of
said Board if the appeal or application is received when the Board is not in session and the Chairman deems it necessary or desirable to expedite the public hearing on such appeal or application. Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of this subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Zoning Board of Appeals in connection with the granting of any appeal or variance or issuance of any special or temporary permit pursuant thereto.
Section Eleven. Severability. If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect.
Section Twelve. This local law shall take effect immediately upon filing with the Secretary of State.