HomeMy WebLinkAbout04 - Residential Bulk Regulations Study, 2003
RESIDENTIAL BULK REGULATIONS STUDY
Village of Rye Brook, New York
Prepared for:
MAYOR FRANCIS L. FILIPOWSKI &
THE VILLAGE BOARD OF TRUSTEES
Prepared by:
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
350 Theodore Fremd Avenue, Rye, New York 10580
August 2003
TABLE OF CONTENTS
PAGE
A. INTRODUCTION 1
B. STUDY METHODOLOGY 2
C. ANALYSIS OF EXISTING CONDITIONS 2
D. CONCLUSIONS 4
E. RECOMMENDATIONS 4
1. Proposed Definitions 5
2. Proposed Regulations 5
Maximum Gross Floor Area 5
Height/Setback Ratios 6
Total Maximum Impervious Coverage 7
APPENDIX A – LOCAL LAWS
APPENDIX B – STUDY AREA PHOTOGRAPHS
RESIDENTIAL BULK REGULATIONS
VILLAGE OF RYE BROOK, NEW YORK
Prepared for Mayor Francis L. Filipowski and the
Board of Trustees of the Village of Rye Brook
by Frederick P. Clark Associates, Inc.
Planning/Development/Environment/Transportation
A. Introduction
With increasing demand to develop the largest residences legally possible, the Village of
Rye Brook, like numerous other communities in the region, in recognition of a need to
conserve the privacy and existing character of residential neighborhoods and to preserve
its village environment, commissioned a study of existing residential buildings to create a
basis for development of regulations controlling the size of residential buildings and the
total area of lot coverage within the Village.
With concern regarding several recently constructed over-sized residences and the
potential alteration of neighborhood character, in September 2002, the Village Board of
Trustees enacted the Interim Development Law (LL5-2002) imposing a moratorium on
all development applications in the R-12, R-15 and R-20 zoning districts and properties
situated in the Lincoln Avenue Corridor. Frederick P. Clark Associates, the Village
Planning Consultant was asked to study the issue to make recommendations for
amendment to the Village Zoning Code to strengthen regulations governing residential
building bulk. The regulations proposed in this document are consistent with the
December 2000 Village of Rye Brook Vision Plan, which encourages the preservation of
community character and the quality of residential buildings in existing neighborhoods.
This report presents the results of our analysis of the residential bulk regulations in the
Village of Rye Brook. The report recommends a ‘package’ of changes to the Zoning
Code that includes:
1. Amendments to Chapter 250, Zoning, to add new definitions and maximum floor
area and height/setback ratio requirements to residential zoning districts R-20, R-
15, R-15A, R-12, R-10, R-7, R-5 and R2-F; and
2. Amendments to Section 250-37 to add maximum impervious coverage
requirements.
A draft of the proposed local law amending the Village Code is attached in Appendix A.
Appendix B contains photographs of 26 of the properties studied.
2
B. Study Methodology
1. Identification of issues. To develop a representative sampling of residential
properties illustrating the issues to be addressed in the study, ie, setbacks, building
bulk and lot coverage, we met with the village staff to identify recently built larger
homes. We toured the village to view and photograph the properties and reviewed
Building Department files on each, extracting information including lot area, total
floor area, building coverage, impervious surface coverage, building height and
building setbacks for analysis.
2. Analysis of current bulk regulations. To create a basis for comparison for existing
and proposed regulations in Rye Brook we reviewed and analyzed the residential
bulk regulations of the neighboring towns of Harrison, North Castle and
Greenwich, CT along with the current zoning regulations of the Village of Rye
Brook.
3. Analysis of changes to the Zoning Code. To test suggested changes to the Village
Code such as requiring maximum FAR, height/setback ratios, or total maximum
lot coverage, we studied the potential impact of each of these regulatory measures
on the representative sampling of properties.
4. Recommendations for amendment of the Zoning Code. Analysis of suggested
changes to the Zoning Code was used to guide the selection of appropriate
controls and the drafting of proposed amendments to the Code for consideration
by the Village Board of Trustees, the Village Planning Board and the Village staff
and consultants.
C. Analysis of Existing Conditions
A sampling of 26 recently developed or altered residential properties was researched and
analyzed to determine the extent of overdevelopment of residential property in the
Village. In addition, a random sampling of 51 properties representing most residential
zoning districts was selected and analyzed to determine the average percentage of lot
coverage of buildings and impervious surfaces throughout the Village.
The results of the analysis of existing conditions are presented in the following tables:
• Table 1: As-Built and Hypothetical Floor Area Ratio (FAR) of Existing Large
Dwellings
• Table 2: Average Floor Area Ratios (FAR) of Existing Large Dwellings
• Table 3: As-Built Lot Coverage and Impervious Surfaces of Existing Large
Dwellings and Proposed Total Maximum Permitted Impervious Coverage
• Table 4: Lot Coverage and Impervious Surfaces by Zoning District
3
• Table 5: Comparison of Existing Residential Bulk Regulations
• Table 6: Height/Setback Ratios of Existing Large Dwellings
The following should be kept in mind when reviewing accompanying tables and
photographs:
1. All data is approximate. Our measurements from floor plans did not always
coincide with the numerical values presented in the building permit applications.
2. Property owners' names have been omitted from the tables and photographs for
reasons of privacy.
3. Building heights were estimated based upon the Village Zoning Code definition.
As shown in Table 1, Floor Area Ratios (FAR) of Existing Large Dwellings, the Floor
Area Ratio computed for the large homes surveyed ranges from .10 to .33, with
considerable variation within a single zoning district. Floor Area Ratio or FAR, is defined
as the gross floor area of a building, excluding the cellar or basement, divided by the lot
area. The ratio obtained is expressed as a decimal. When an FAR is imposed, the higher
the maximum FAR, the higher the floor area allowed on the lot, i.e., the bigger the
building. Table 2, Average Floor Area Ratios (FAR) of Existing Large Dwellings, shows
the average FAR of large dwellings by zoning district.
The total lot area covered by the large homes analyzed, including accessory buildings and
decks, ranges from 7.5% to 26.2% of the lot area. Table 3, As-Built Lot Coverage and
Impervious Surfaces of Existing Large Dwellings and Proposed Total Maximum
Permitted Impervious Coverage, also shows that when you add the coverage by
impervious surfaces, including walkways, driveways, patios, swimming pools and sports
courts the total lot coverage ranges from 12.2% to 39.0%. As with FAR illustrated in
Table 1, there is considerable variation in the amount of coverage within a single zoning
district.
Table 4, Lot Coverage and Impervious Surfaces by Zoning District, shows the results of
our sampling of 51 properties from the R-20, R-15, R-12, R-10, R-7, R-5, R2-F zoning
districts. This table provides information about the general character of lot coverage in
residential neighborhoods in Rye Brook. Average percentage of total lot coverage in
these districts ranges from 18.1% in R-20 to 39% in R2-F. These percentages compared
with those in Table 3 reveal the total percentage of coverage on certain properties
exceeds the average of the district in which they are situated by a substantial amount.
Our research into existing development controls in Rye Brook and the towns of Harrison,
North Castle and Greenwich, CT, summarized in Table 5, Comparison of Existing
Table 1: As-Built and Hypothetical Floor Area Ratio (FAR) of Existing Large Dwellings
Village of Rye Brook, New York
(acres) (sq. ft.)(sq. ft.) FAR
9 Beechwood Blvd. R-20 0.66 28,558 4,589 0.16 0.17 4,778 189
77 Hillandale Rd. R-20 0.50 21,763 3,592 0.17 0.18 3,998 406
73 Hillandale Rd. R-20 0.51 22,163 4,776 0.22 0.18 4,044 -732
71 Hillandale Rd. R-20 0.44 18,985 4,500 0.24 0.19 3,679 -821
33 Hillandale Rd. R-20 0.79 34,384 4,115 0.12 0.16 5,447 1,332
4 Hillandale Rd.R-20 0.86 37,353 3,817 0.10 0.15 5,788 1,971
21 Birch La. R-15 0.51 22,278 4,572 0.21 0.18 4,057 -515
5 Castle View Ct. R-15 0.36 15,633 3,568 0.23 0.21 3,294 -274
15 Castle View Ct. R-15 0.36 15,762 3,608 0.23 0.21 3,309 -299
974 King St. R-15 0.34 14,999 2,760 0.18 0.21 3,222 462
270 North Ridge St. R-15 0.34 14,749 2,530 0.17 0.22 3,193 663
12 Red Roof Dr. R-15 0.36 15,559 4,411 0.28 0.21 3,286 -1,125
24 Red Roof Dr.R-15 0.47 20,497 3,935 0.19 0.19 3,853 -82
4 Hills Point La. R-12 0.48 20,829 3,349 0.16 0.19 3,891 542
5 Horseshoe La. R-12 0.51 22,165 4,035 0.18 0.18 4,044 9
54 Lincoln Avenue* R-12 3.15 137,145 6,880 0.05 N/A* N/A* N/A*
29 Mohegan La.R-12 0.30 12,971 2,712 0.21 0.23 2,989 277
8 Bell Pl. R-10 0.23 10,000 2,609 0.26 0.26 2,648 39
4 Jennifer La. R-10 0.23 10,000 2,585 0.26 0.26 2,648 63
4 Lincoln Ave.R-10 0.34 14,733 4,079 0.28 0.22 3,191 -888
80 Valley Ter. R-7 0.30 13,125 1,664 0.13 0.23 3,007 1,343
61 Valley Ter. R-7 0.25 11,000 2,596 0.24 0.25 2,763 167
11 Argyle Rd. R-7 0.24 10,264 2,722 0.27 0.26 2,678 -44
7 Argyle Rd.R-7 0.18 7,906 1,689 0.21 0.30 2,407 718
209 Neuton R-5 0.12 5,385 1,782 0.33 0.39 2,118 336
555 Westchester Ave.R2-F 0.28 12,000 3,548 0.30 0.24 2,877 -671
* Lot size is much greater than is typical in the R12 zone. Proposed FAR is not applicable for lots over two acres.
ADDRESS
Zoning
District
Effect of
Proposed
FAR
(sq. ft.)
Hypothetical Conditions
LOT
AREA
EXISTING
FLOOR AREA
Existing Conditions
Sample
Proposed
FAR
Maximum
Permitted
Floor Area
(sq. ft.)
Rye Brook Bulk Tables. 050803.xlsT1 FAR Effect Frederick P. Clark Associates, Inc.
Table 1A: Alternate As-Built and Hypothetical Floor Area Ratio (FAR) of Existing Large
Dwellings - Village of Rye Brook, New York
(acres) (sq. ft.)(sq. ft.) FAR
9 Beechwood Blvd. R-20 0.66 28,558 4,589 0.16 0.18 5,278 689
77 Hillandale Rd. R-20 0.50 21,763 3,592 0.17 0.21 4,498 906
73 Hillandale Rd. R-20 0.51 22,163 4,776 0.22 0.21 4,544 -232
71 Hillandale Rd. R-20 0.44 18,985 4,500 0.24 0.22 4,179 -321
33 Hillandale Rd. R-20 0.79 34,384 4,115 0.12 0.17 5,947 1,832
4 Hillandale Rd.R-20 0.86 37,353 3,817 0.10 0.17 6,288 2,471
21 Birch La. R-15 0.51 22,278 4,572 0.21 0.20 4,557 -15
5 Castle View Ct. R-15 0.36 15,633 3,568 0.23 0.24 3,794 226
15 Castle View Ct. R-15 0.36 15,762 3,608 0.23 0.24 3,809 201
974 King St. R-15 0.34 14,999 2,760 0.18 0.25 3,722 962
270 North Ridge St. R-15 0.34 14,749 2,530 0.17 0.25 3,693 1,163
12 Red Roof Dr. R-15 0.36 15,559 4,411 0.28 0.24 3,786 -625
24 Red Roof Dr.R-15 0.47 20,497 3,935 0.19 0.21 4,353 418
4 Hills Point La. R-12 0.48 20,829 3,349 0.16 0.21 4,391 1,042
5 Horseshoe La. R-12 0.51 22,165 4,035 0.18 0.21 4,544 509
54 Lincoln Avenue* R-12 3.15 137,145 6,880 0.05 N/A* 17,742 N/A*
29 Mohegan La.R-12 0.30 12,971 2,712 0.21 0.27 3,489 777
8 Bell Pl. R-10 0.23 10,000 2,609 0.26 0.31 3,148 539
4 Jennifer La. R-10 0.23 10,000 2,585 0.26 0.31 3,148 563
4 Lincoln Ave.R-10 0.34 14,733 4,079 0.28 0.25 3,691 -388
80 Valley Ter. R-7 0.30 13,125 1,664 0.13 0.27 3,507 1,843
61 Valley Ter. R-7 0.25 11,000 2,596 0.24 0.30 3,263 667
11 Argyle Rd. R-7 0.24 10,264 2,722 0.27 0.31 3,178 456
7 Argyle Rd.R-7 0.18 7,906 1,689 0.21 0.37 2,907 1,218
209 Neuton R-5 0.12 5,385 1,782 0.33 0.49 2,618 836
555 Westchester Ave.R2-F 0.28 12,000 3,548 0.30 0.28 3,377 -171
* Lot size is much greater than is typical in R12 zone. Proposed FAR is not applicable for lots over two acres.
ADDRESS
Zoning
District
Effect of
Proposed
FAR
(sq. ft.)
Hypothetical Conditions
LOT
AREA
EXISTING
FLOOR AREA
Existing Conditions
Sample
Proposed
FAR
Maximum
Permitted
Floor Area
(sq. ft.)
Rye Brook Bulk Tables. 050803.xlsT1A FAR Effect Frederick P. Clark Associates, Inc.
Table 2: Average Floor Area Ratios (FARs) of Existing Large Dwellings
Village of Rye Brook, New York
Average Lot
Size
Average Floor
Area / Dwelling
Largest
Dwelling
Floor Area Average FAR Highest FAR
DISTRICT (S.F.) (S.F.) (S.F.) (Ratio) (Ratio)
R-20 27,201 4,232 4,776 0.17 0.24
R-15 17,068 3,626 4,572 0.21 0.28
R-12** 18,665 3,365 4,035 0.18 0.21
R-10 11,578 3,091 4,079 0.27 0.28
R-7 10,574 2,168 2,722 0.21 0.27
R-5* 5,385 1,782 1,782 0.33 0.33
R2-F* 12,000 3,548 3,548 0.30 0.30
* Only 1 property from the zoning district was included in the sample.
** 54 Lincoln Avenue was excluded from the calculations being a lot of far greater area than
is typical for Zoning District R-12.
EXISTING AS-BUILT DWELLING HOUSES
Rye Brook Bulk Tables. 050803.xls Frederick P. Clark Associates, Inc.
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5
1
8
.
8
0
.
0
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8
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49.8
55
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a
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t
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e
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h
i
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r
a
n
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a
t
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t
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a
d
i
n
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(
l
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t
a
l
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m
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r
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d
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e
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n
i
n
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o
u
s
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u
r
f
a
c
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s
Lo
t
C
o
v
e
r
a
g
e
Proposed Total Maximum Permitted Impervious Covera g e
Ry
e
B
r
o
o
k
B
u
l
k
T
a
b
l
e
s
.
0
5
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3
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l
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a
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k
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s
s
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c
i
a
t
e
s
,
I
n
c
.
Table 4: Lot Coverage and Impervious Surfaces by Zoning District in the
Village of Rye Brook, New York
Buildings Driveways
Swimming
Pools
Walkways, Decks
& Patios
Total Lot
Coverage
DISTRICT (%) (%) (%)(Estimated %)(%)
R-20 7.4% 3.7% 1.1% 5.9% 18.1%
R-15 13.6% 6.9% 2.5% 5.9% 28.9%
R-12 16.0% 6.7% 1.5% 5.9% 30.1%
R-10 17.7% 6.8% 1.4% 5.9% 31.8%
R-7 19.8% 6.2% 1.3% 5.9% 33.2%
R-5 19.0% 9.7% 0.0% 5.9% 34.6%
R2-F 24.7% 8.4% 0.0% 5.9% 39.0%
Notes: 1. All figures are based on analysis from 1996 tax maps (which do not include decks,
patios and walkways).
2. The figures are based upon a random sample of 6-10 properties selected from
each zoning district
3. Estimated coverage for walkways, decks and patios has been extrapolated from
detailed analysis of lot coverage that was undertaken and shown in Table 3.
EXISTING AS-BUILT LOT COVERAGE
Rye Brook Bulk Tables. 050803.xls Frederick P. Clark Associates, Inc.
Ta
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5
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a
x
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a
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d
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g
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c
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s
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,
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c
.
4
Residential Bulk Regulations, provides a look at zoning and development controls
currently used by other municipalities to control building bulk in residential districts.
Table 6, Height/Setback Ratios of Existing Large Dwellings, reveals the height of homes
surveyed ranges from 16.0 feet to 30.0 feet. The front yard setbacks range from 24 feet to
110 feet. Taller buildings do not always have larger setbacks. The tallest building in our
sampling, as measured from the front, at 29 feet in height, has a relatively shallow front
yard setback of only 35 feet and one of the shortest buildings, at 16 feet in height, is
setback 42 feet from the front property line. The combination of height and front yard
setback greatly influences how large a building is perceived to be as seen from the street.
D. Conclusions
Based upon our research and analysis, as well as our experience in other Westchester
County towns and villages, it is our opinion that the condition that the Village is
experiencing with regard to large houses is not unique. We have identified houses in Rye
Brook, as we have in other towns that are out character with the scale of the
neighborhood in which they are situated. Many are just too large for the lot they occupy,
affecting the ratio of building to open space that is typical in the surrounding
neighborhood as more of these large buildings are built.
Although the overall height of buildings in the Village does not seem to be a problem,
there are houses that are being built close there to the maximum height at the minimum
front yard setback line of the lot, creating the visual impression of the building
overpowering the site and neighboring houses.
Lastly, these overbuilt dwellings cover more of the lot than is advisable and are usually
accompanied by a high percentage of impervious surface coverage as well.
To overcome the trend in recent development to overbuild lots and neighborhoods,
municipalities are utilizing controls such as maximum floor area, height/setback ratios,
and maximum total lot area coverage. It is our opinion that a combination of these
controls will prove to be helpful in Rye Brook to control overbuilding in residential
districts.
E. Recommendations
We submit the following recommendations and propose bulk regulations for the Village
based upon our research and analysis, our review of the Village of Rye Brook Zoning
Code, and our professional judgment. In addition to adding new controls, we recommend
revision of the definitions in Section 250-2.
Ta
b
l
e
6
:
H
e
i
g
h
t
/
S
e
t
b
a
c
k
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a
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r
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w
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r
k
He
i
g
h
t
(f
t
.
)
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b
a
c
k
(f
t
.
)
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S
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i
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(f
t
.
)
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b
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c
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(f
t
.
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k
(f
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.
)
H/
S
Ra
t
i
o
He
i
g
h
t
(f
t
.
)
Setback (ft.)H/S Ratio
9
B
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h
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d
.
R
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8
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5
1. Proposed Definitions
We recommend additions and revisions to Section 250-2, Definitions and Section 250-37,
Lot Area Coverage, to clarify and strengthen the definitions pertaining to bulk regulation
(See Appendix A). We propose new definitions for “building area,” “lot area coverage,”
“floor area ratio,” “gross floor area,” and “building height” and the addition of definitions
for “height/setback ratio” and “mean level.” Other definitions have been modified as
indicated in the proposed local law (Appendix A).
2. Proposed Regulations
The results of our analysis of proposed regulations are presented in the following tables:
• Table 1: As-Built and Hypothetical Floor Area Ratio (FAR) of Existing Large
Dwellings
• Table 1A: Alternate As-Built and Hypothetical Floor Area Ratio (FAR) of
Existing Large Dwellings
• Table 7: Proposed Floor Area Ratio (FAR) Examples for the Village of Rye
Brook
• Table 7A: Alternate Proposed Floor Area Ratio (FAR) Examples for the
Village of Rye Brook
• Table 8: Comparison of Maximum Floor Area under Existing Maximum
Coverage Regulations and Proposed Maximum Floor Area Regulations
• Table 9: Proposed Height/Setback Standards
• Table 10: Height/Setback Ratio Analysis
Maximum Gross Floor Area
It is our recommendation that a method to calculate maximum permitted gross floor area
to lot area be established. The floor area portion of the equation would consist of the
total of all first floor and second floor space, including attached garages but excluding
basements and cellars. Based upon our experience elsewhere, we recommend applying a
formula for calculating maximum gross floor area that would allow the permitted floor
area ratio (FAR) to decline as lot size increases. This standard could be applied equally
across all residential zoning districts.
or Area Ratio (FAR) Examples
Table 7, Proposed Floor Area Ratio (FAR) Examples for the Village of Rye Brook,
contains a series of sample floor area ratios generated by application of the proposed
formula to calculate maximum gross floor area. The sampling starts with a maximum
permitted gross floor area of 2000 square feet (sq. ft.) on a 4,356-square foot lot and ends
with a maximum permitted gross floor area of 11,500 sq. ft. on an 87,120-sq. ft. (2 acre)
Table 7: Proposed Floor Area Ratio (FAR) Examples for the
Village of Rye Brook, New York
Maximum Floor
Permitted Gross Area
Floor Area Ratio
(acres) (sq. ft.) (sq. ft.) (FAR)
0.10 4,356 2,000 0.4591
0.15 6,534 2,250 0.3444
0.20 8,712 2,500 0.2870
0.25 10,890 2,750 0.2525
0.30 13,068 3,000 0.2296
0.35 15,246 3,250 0.2132
0.40 17,424 3,500 0.2009
0.45 19,602 3,750 0.1913
0.50 21,780 4,000 0.1837
0.55 23,958 4,250 0.1774
0.60 26,136 4,500 0.1722
0.65 28,314 4,750 0.1678
0.70 30,492 5,000 0.1640
0.75 32,670 5,250 0.1607
0.80 34,848 5,500 0.1578
0.85 37,026 5,750 0.1553
0.90 39,204 6,000 0.1530
0.95 41,382 6,250 0.1510
1.00 43,560 6,500 0.1492
1.05 45,738 6,750 0.1476
1.10 47,916 7,000 0.1461
1.15 50,094 7,250 0.1447
1.20 52,272 7,500 0.1435
1.25 54,450 7,750 0.1423
1.30 56,628 8,000 0.1413
1.35 58,806 8,250 0.1403
1.40 60,984 8,500 0.1394
1.45 63,162 8,750 0.1385
1.50 65,340 9,000 0.1377
1.55 67,518 9,250 0.1370
1.60 69,696 9,500 0.1363
1.65 71,874 9,750 0.1357
1.70 74,052 10,000 0.1350
1.75 76,230 10,250 0.1345
1.80 78,408 10,500 0.1339
1.85 80,586 10,750 0.1334
1.90 82,764 11,000 0.1329
1.95 84,942 11,250 0.1324
2.00 87,120 11,500 0.1320
Lot Area Example
Maximum Gross Floor Area = 4,000 + ((lot area - 21,780) * 0.11478421)
Rye Brook Bulk Tables. 050803.xls, T7 FAR Frederick P. Clark Associates, Inc.
Table 7A: Alternate Proposed Floor Area Ratio (FAR) Examples for the
Village of Rye Brook, New York
Maximum Floor
Permitted Gross Area
Floor Area Ratio
(acres) (sq. ft.) (sq. ft.) (FAR)
0.10 4,356 2,500 0.5739
0.15 6,534 2,750 0.4209
0.20 8,712 3,000 0.3444
0.25 10,890 3,250 0.2984
0.30 13,068 3,500 0.2678
0.35 15,246 3,750 0.2460
0.40 17,424 4,000 0.2296
0.45 19,602 4,250 0.2168
0.50 21,780 4,500 0.2066
0.55 23,958 4,750 0.1983
0.60 26,136 5,000 0.1913
0.65 28,314 5,250 0.1854
0.70 30,492 5,500 0.1804
0.75 32,670 5,750 0.1760
0.80 34,848 6,000 0.1722
0.85 37,026 6,250 0.1688
0.90 39,204 6,500 0.1658
0.95 41,382 6,750 0.1631
1.00 43,560 7,000 0.1607
1.05 45,738 7,250 0.1585
1.10 47,916 7,500 0.1565
1.15 50,094 7,750 0.1547
1.20 52,272 8,000 0.1530
1.25 54,450 8,250 0.1515
1.30 56,628 8,500 0.1501
1.35 58,806 8,750 0.1488
1.40 60,984 9,000 0.1476
1.45 63,162 9,250 0.1464
1.50 65,340 9,500 0.1454
1.55 67,518 9,750 0.1444
1.60 69,696 10,000 0.1435
1.65 71,874 10,250 0.1426
1.70 74,052 10,500 0.1418
1.75 76,230 10,750 0.1410
1.80 78,408 11,000 0.1403
1.85 80,586 11,250 0.1396
1.90 82,764 11,500 0.1389
1.95 84,942 11,750 0.1383
2.00 87,120 12,000 0.1377
Lot Area Example
Maximum Gross Floor Area = 4,500 + ((lot area - 21,780) * 0.11478421)
Rye Brook Bulk Tables. 050803.xls, T7A FAR Frederick P. Clark Associates, Inc. ]
6
lot. The intermediate maximum gross floor areas and floor area ratios proceed evenly
and smoothly from one endpoint to the other. These maximum permitted gross floor
areas and floor area ratios are deemed reasonable and appropriate for their respective
associated lot sizes. Table 7A, Alternate Proposed Floor Area Ratio (FAR) Examples for
the Village of Rye Brook, shows the results of the use of an alternate formula that would
allow maximum gross floor areas 500 square feet larger than those shown in Table 7.
In Table 1, As-Built and Hypothetical Floor Area Ratio (FAR) of Existing Large
Dwellings, the proposed formula for calculating maximum gross floor area has been
applied to the over-built lots in our sampling. Proposed FAR and maximum permitted
gross floor areas were calculated for each. Further, the net change upon as-built floor
area affected by the proposed calculator is shown for each lot.
The “hypothetical conditions” columns of the table show the results of applying the
proposed maximum gross floor area calculator to each of our large house examples.
Seven of the subject homes would be smaller than actually built, with reductions ranging
from 44 to 888 square feet of gross floor area. It also shows that 15 homes could have
been larger under the proposed regulations, with additional floor area ranging from nine
to 1,971 square feet. This does not mean, however, that larger homes would have been
built if the proposed regulations had been in effect.
In Table 1A, Alternate As-Built and Hypothetical Floor Area Ratio (FAR) of Existing
Large Dwellings, the “hypothetical conditions” columns show the results of applying the
alternate proposed maximum gross floor area calculator from Table 7A. It shows that
using the alternate formula would allow 19 of the 25 sample homes to be 200 square feet
or more larger.
Table 8, Comparison of Maximum Floor Area under Existing Maximum Coverage
Regulations and Proposed Maximum Floor Area Regulations, illustrates the effect of the
proposed maximum floor area requirements on a minimum sized lot in each residential
district. The maximum floor area allowable under current “Existing Maximum Allowable
Building Coverage” has been calculated for a one and a two-story residence. This
maximum floor area is compared to the maximum floor area resulting from the
application of the proposed regulations. Although there is no change in a one story
building, a two-story residence on a minimum sized lot would be smaller under the
proposed law.
Height/Setback Ratios
Irrespective of the actual measured heights of the buildings studied, they sometimes
appear larger when they are at, or near, the minimum required front yard setback. This
perception is exacerbated on sloped sites where buildings may be situated significantly
above the grade of surrounding lots or the mean grade of the street. The same is true
Table 8: Comparison of Maximum Floor Area under Existing Maximum Coverage Regulations
and Proposed Maximum Floor Area Regulations - Village of Rye Brook, New York
R-20 20,000 2,800 2,800 5,600 3,796 no effect -1,804
R-15 15,000 1,800 1,800 3,600 3,222 no effect -378
R-15A 15,000 2,400 2,400 4,800 3,222 no effect -1,578
R-12 12,500 2,125 2,125 4,250 2,935 no effect -1,315
R-10 10,000 2,000 2,000 4,000 2,648 no effect -1,352
R-7 7,500 1,725 1,725 3,450 2,361 no effect -1,089
R-5 5,000 1,500 1,500 3,000 2,074 no effect -926
R2-F 5,000 1,500 1,500 3,000 2,074 no effect -926
Minimum
Lot Area
Zoning
District
Existing
Maximum
Allowable
Bldg Coverage
(s.f.)
One Story
House
Two Story
House
Proposed
Maximum
Floor Area
(s.f.)
Effect of Proposed
Maximum Floor Area
(s.f.)
One Story
House
Two Story
House
Maximum Floor Area
(Based on Existing
Maximum Allowable Bldg
Coverage)
Rye Brook Bulk Tables. 050803.xlsT8bldg footprint Frederick P. Clark Associates, Inc.
Ta
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when homes are built to the full two-story height at or near the minimum permitted side
yard setbacks. Such buildings can be quite intrusive on the privacy of neighboring homes.
It is our recommendation that the Village's zoning code be amended to prohibit the
construction of residences which are at the maximum permitted height at the minimum
permitted setback from property lines, especially where the grade of the building is above
the grade at the lot line from which the setback is measured. Specifically, the way to
address this issue is with the establishment of "height/setback ratios." These ratios
should be related to the grade at the lot line from which the setback is measured as
defined by the code. In effect, this would result in an inclined plane that the building
would not be permitted to pierce, except for minor architectural features such as dormer
windows, chimneys, etc.
Table 9, Proposed Height/Setback Standards, shows proposed front and side yard
height/setback ratios. This table also indicates the permitted height at the respective
minimum setbacks as well as the required setbacks needed to achieve the maximum
permitted height in the front and side yard situations. All of the figures in the table are
based upon a maximum permitted height of 30 feet.
Further, the height/setback and building envelope diagrams on the following pages show
how the front yard and side yard height/setback ratios would be measured, and Table 10,
Proposed Height/Setback Ratios Analysis, the effect these ratios would have on home
construction using our sampling of 26 large houses.
Total Maximum Impervious Coverage
A number of communities that have instituted the types of zoning controls recommended
above have also found it appropriate to limit the total maximum permitted impervious lot
coverage.
At present, the Village controls only the permitted amount of “lot area coverage” (see
Section 250-37) which includes all main buildings, accessory buildings and decks. This
does not limit total impervious coverage, which in addition to the aforementioned would
include driveways, patios, swimming pools, walkways, sports courts, etc. This has
become an issue in some communities because increased impervious surfaces means
reduced landscaped areas and increased stormwater runoff affecting down stream water
quality and local water table recharge. It is, therefore, an environmental, engineering and
aesthetic concern. We recommend the Village consider instituting regulations limiting
total maximum impervious coverage of a lot.
The following table, incorporated into Section 250-37, Lot Area Coverage, would be
used to calculate the total maximum permitted impervious coverage for a lot. This
maximum coverage would include main and accessory buildings, decks and all other
8
impervious surfaces as defined by the law. A definition of impervious surface would be
added to Section 250-2, Definitions.
TOTAL MAXIMUM PERMITTED IMPERVIOUS COVERAGE
LOT AREA
(sq.ft.)
For Base Lot Area
(sq.ft.)*
For Lot Area Over Base Lot Area
(%)
0 to 4,000 0 55
4,001 to 6,000 2,200 35
6,001 to 12,000 2,900 27
12,001 to 16,000 4,520 26
16,001 to 20,000 5,560 25
20,001 to 30,000 6,560 24
30,001 to 40,000 8,960 23
40,001 and larger 11,260 22
* Base lot area is the minimum end of the lot size range in the “Lot Area” column
It is our opinion that swimming pools are impervious surfaces that should be included in
impervious coverage calculations. The local law proposed reflects this belief, including
swimming pools in the definition of impervious surfaces.
To address the issue that the new maximum coverage requirements may create
nonconforming situations, causing undue burden for some residents, we have added
Subsection F, Existing impervious coverage. This subsection states that non-complying
coverage is not considered nonconforming under the law, removing the burden of
nonconformity for existing impervious coverage.
9
The following table contains examples of the total maximum impervious coverage that
would be allowable under the proposed regulations on a lot of minimum size in each
residential zoning district in the village.
District
Minimum
Lot Size
Total
Maximum
Impervious
Coverage
(sq.ft.)
Total
Maximum
Impervious
Coverage
(%)
R-20 20,000 6,560 32.8
R-15 15,000 5,300 35.3
R-15A 15,000 5,300 35.3
R-12 12,500 4,650 37.2
R-10 10,000 3,980 39.8
R-7 7,500 3,305 44.1
R-5 5,000 2,550 51.0
R2-F 5,000 2,550 51.0
These examples may be compared to those in Table 3: As-Built Lot Coverage and
Impervious Surfaces of Existing Large Dwellings and Proposed Total Maximum
Permitted Impervious Surface Coverage. In Table 3, the total maximum permitted
impervious coverage was calculated for each of the 26 large houses in our study using the
proposed regulations. Only two of our sample houses, 974 King Street and 29 Mohegan
Lane, would have a reduced total maximum impervious coverage under the new law.
Illustrations 1 and 2, on the following pages, show the coverage of a hypothetical lot of
minimum size under the new regulations regarding bulk and impervious surface
coverage.
It is our opinion that a maximum allowable percentage of impervious coverage in front
yards should be part of the law to further limit the amount of paving in this very visible part
of a lot. Using current minimum lot size and setback standards for each district and
maximum hypothetical build out of parking, driveway, front walk and entry as a basis for
the limits suggested, we recommend the following maximum percentages of impervious
coverage in front yards in each residential district:
10
On the minimum standard lot in Districts R-20, 15, and 12 the maximum percentage is
calculated to allow a circular drive and two exterior parking spaces in addition to pedestrian
paths and an exterior residence entry area. In Districts R-15A and R-10, where the front
yard setback is shallower, the maximum percentage is calculated to allow one parking space
instead of two. Minimum standard front yards in Districts R-7, 5 and 2-F, too small for
exterior parking, eliminate parking spaces entirely from those district calculations. In
Districts R-5 and R2-F, minimum standard front yards are too small for circular drives, so
straight-in approach driveways are used for the calculations.
j:\docs2\500\rye brook\village projects\zoning code amendments\bulk regulations\538.120.bulkreport.adc.doc
Zoning District
Maximum Impervious
Coverage in a Front Yard
(%)
R-20 30
R-15 35
R-15A 35
R-12 40
R-10 45
R-7 40
R-5 30
R2-F 30
APPENDIX A – LOCAL LAWS
1
DRAFT
A Local Law to amend
Chapter 250, Zoning, of the
Code of the Village of Rye
Brook
BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as
follows:
1. The following definitions of Section 250-2.C of the Village Code shall be added or
amended each in their proper alphabetical order:
Area BUILDING AREA: -- The sum of the maximum horizontal cross sections of
the buildings and structures on a lot excluding cornices, eaves, gutters or chimneys
projecting not more than forty-eight (48) inches, steps, one-story unenclosed
porches of not more than four hundred (400) square feet, bay windows which in
aggregate are one hundred (100) square feet or less in area, which extend through
not more than one (1) story and which project not more than thirty-six (36) inches,
including all improved surfaces as defined herein.
2
The total of areas taken on a horizontal plane at the main grade level of principal
buildings and all accessory buildings, exclusive of uncovered porches, parapets
and steps.
BASEMENT: -- A portion of a building partly underground which has more than
½ its height, measured from the finished floor to the finished ceiling, above the
average grade of the adjoining ground mean level of the finished grade around the
building,. andA basement will be not deemed a story unless if the finished ceiling
is five feet or more above the average finished grade adjoining the building mean
level of the finished grade around the building. A basement will be deemed
habitable if it conforms to all applicable provisions of the New York State
Building Code regarding habitable space.
CELLAR: -- A portion of a building partly underground having ½ or more than ½
its clear height, from finished floor to finished ceiling, below the average finished
grade adjoining the building mean level of the finished grade around the building.
LOT AREA COVERAGE: -- The percentage of the lot area covered by a main
building, accessory structure and deck.
That percentage of the lot area covered by the building area.
3
DECK: -- An unroofed, unenclosed structure attached to or detached from the
main dwelling and which is constructed more than 18 inches above grade level,.
A deck must conform to the setback requirements of the main dwelling and
which shall be included in the determination of size of the yard or and the amount
of Llot Aarea Ccoverage. and must conform to the setback requirements of the
main dwelling.
FLOOR AREA RATIO: -- Gross Floor Area divided by Lot Area.
The ratio of the aggregate floor area of a building, exclusive of cellar and
basement areas used only for storage or services incidental to the operation or
maintenance of the building, to the net site area of the lot on which the building is
located.
GROSS FLOOR AREA: -- The sum of the horizontal areas of the floors in each
story of a building or buildings, measured from the exterior faces of the outside
walls, or in the case of a common wall separating two buildings, from the
centerline of the common wall of such building or buildings without exclusion of
any areas on the floors (i.e. attached garages, closets, bathrooms, stairwells and
clerestories)., except that bBasements and cellars shall be excluded,. except that,
for the purpose of calculation of Gross Floor Area, a basement with a finished
ceiling five feet or more above the mean level of the finished grade around the
building shall be considered a story and shall be included in the calculation of
4
Gross Floor Area. For half-stories, horizontal areas where the vertical distance
between the floor beams and the ceiling or the roof structures next above is less
than seven and one-half (7½) feet and the area is unfinished and unoccupied shall
also be excluded. Further, for horizontal areas where the floor to ceiling height is
fourteen (14) feet or greater, twice the horizontal areas shall be included.
The sum of the horizontal areas of the several floors of the building or buildings,
measured from the exterior faces of exterior walls or, in the case of a common
wall separating two buildings, from the center line of such common wall, and
including any two-story or any enclosed porch or one having a roof and capable
of being enclosed.
HEIGHT OF BUILDING: -- For pitched roofs, the vertical distance measured
from the mean level of the undisturbed ground prior to grading, excavation or
construction or the mean level of the finished grade around the building,
whichever is more restrictive, on which the building stands or is intended to stand,
to a point mid-way between the top of the highest ridge beam, and the top of the
highest vertical wall plate.and lowest points of the roof. Chimneys shall not be
included in the “height of building” if they do not extend more than three (3) feet
above the highest portion of the roof. For flat roof structures, the vertical distance
measured from the mean level of the undisturbed ground prior to grading,
excavation or construction or the mean level of the finished grade around the
5
building, whichever is more restrictive, on which the building stands or is
intended to stand, to the upper most portion of the roof structure, railing or
balustrade. Chimneys extending not more than three (3) feet or less above the
highest portion of the pitched roof or the highest point of the flat roofed structure
shall not be included in building height Height of Building. Chimneys extending
more than three (3) feet above the highest portion of the pitched roof or the
highest point of the flat roof structure shall be included in the Height of Building.
For the purposes of measuring building height, a roof having a pitch of less than
four (4) on twelve (12) shall be considered a flat roof.
The vertical distance to the level of the highest point of the roof’s surface, if the
roof is flat or mansard, or to the mean level between the eaves and the highest
point of the roof, if the roof is of any other type, measured from the average level
of the finished grade adjacent to the exterior walls of the building. Where the
finished ground surface is made by filling, the level of such finished grade, for the
purpose of this definition, shall not be deemed to be more than three feet above
the established grade of the curb.
HEIGHT/SETBACK RATIO -- A standard designed to regulate the height of a
building in relation to the average grade of the corresponding portion of the lot
line from which it is set back. The ratio modifies the maximum permitted Height
of Building by forming essentially forms an inclined plane beginning at the mean
grade along the portion of the lot line from which the setback is measured and
6
risinges toward the building at the specified ratio. above which Nno part of any
building, other than minor architectural features such as chimneys, skylights and
dormer windows not covering more than ten percent (10%) of the entire roof area,
shall be permitted to extend. above the inclined plane.
MEAN LEVEL -- The result of the sum of elevation measurements taken at ten
(10)-foot intervals divided by the number of said measurements.
PORCH -- A roofed structure attached to the main dwelling and which may be
enclosed. Such porch shall be included in the determination of yard size, or
amount of lot coverage and must conform to setback requirements of the main
dwelling and, if enclosed, shall be included in the calculation of Lot Area
Coverage. [Added 11-25-1986 by L.L. No. 2-1986]
2. The following definitions of Section 250-37.B of the Village Code shall be
amended as follows:
DECK: -- An unroofed, unenclosed structure attached to or detached from the
main dwelling which is constructed more than 18 inches above grade level,. A
deck must conform to the setback requirements of the main dwelling and shall be
included in the determination of size of the yard or and the amount of Lot Area
Coverage.
7
LOT AREA COVERAGE: -- The percentage of the total area of a lot lot area
which may be covered by a main building, accessory structure or and deck.
3. Sections 250-19 through 250-25 shall be amended to read as follows:
§ 250-19. R-20 One-Family Residential District. [Amended 5-28-1985 by L.L. No.
9-1985]
A. Permitted principal uses:
(1) One-family dwellings.
(2) Elementary and high schools
(3) Agricultural uses, subject to the provisions of Article IV, § 250-6E(3), and
not including the maintenance of any separate building for the sale of
products of any such agricultural uses.
B. [Amended 1-23-1996 by L.L. No. 1-1996] Permitted accessory uses:
(1) Home occupations as defined in § 250-2 and as regulated under § 250-38 of
the Code of the Village of Rye Brook.
(2) Keeping of not more than two nontransient roomers or boarders in any
dwelling.
(3) Garden house, toolhouse, playhouse or greenhouse, not used for
commercial purposes.
(4) Private garage for one passenger vehicle for each 2,000 square feet of lot
area.
C. [Amended 4-24-1997 by L.L. No. 4-1997] Uses permitted at discretion of the
Board of Trustees, pursuant to the procedure specified in Article IV, § 250-6H(1):
(1) Stable not used for commercial purposes.
8
(2) Public utility buildings (not including material storage yards or buildings),
serving the local area only.
(3) Governmental buildings and uses, libraries and parks and recreation
facilities.
(4) Parish house, rectory and Sunday schools.
(5) Child day-care centers.
D. Uses permitted at discretion of Board of Trustees pursuant to the procedure
specified in Article IV, § 250-6H(1), but only if the building abuts a state highway:
(1) Churches and other places of worship.
(2) Religious, charitable and eleemosynary institutions.
(3) Hospitals, as defined in this chapter.
(4) Membership clubs and similar social uses not operated for profit.
E. Maximum Gross Floor Area of a main building shall be calculated as follows:
Maximum Gross Floor Area = 4,000+((Lot Area – 21,780) * 0.11478421)
E. Maximum floor area ratio: none (See definition in § 250-2).
F. [Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No. 2-1998]
Minimum size of Lot:
(1) Area: 20,000 square feet.
(2) Horizontal circle diameter: 125 feet.
(3) Frontage: 90 feet.
G. Minimum yard dimensions:
(1) Front: 40 feet.
(2) Side:
(a) Least one: 15 feet.
9
(b) Total of two: 40 feet.
(3) Rear: 40 feet.
H. Maximum height of building:
(1) In stories: two.
(2) In feet: 30.
I. Height/Setback Ratio:
(1) Front: 0.60.
(2) Side: 1.60.
I.J. Minimum usable open space on lot as required by Article IV, § 250-6B(3): 1,200
square feet for each dwelling unit.
J.K. Mandatory off-street loading space as defined in Article II: none.
K.L. Minimum floor area of dwellings (see Article IV, § 250-6D): 1,500 square feet.
L.M. Other provisions and requirements:
(1) For parking space requirements, see Article IV, § 250-6G(1).
§ 250-20. R-15 One-Family Residential District.
A. Permitted principal uses: the same as in the R-20 District.
B. Permitted accessory uses: the same as in the R-20 District.
C. Uses permitted at discretion of Village Board [pursuant to the procedure specified
in Article IV, § 250-6H(1)]: the same as in the R-20 District.
D. Maximum Gross Floor Area of a main building shall be calculated as follows:
Maximum Gross Floor Area = 4,000+((Lot Area – 21,780) * 0.11478421)
D. Maximum floor area ratio: none.
E. [Amended 3-24-2998 by L.L. No. 2-1998] Minimum size of Lot:
10
(1) Area: 15,000 square feet.
(2) Horizontal circle diameter: 100 feet.
(3) Frontage: 75 feet.
F. Minimum yard dimensions:
(1) Front: 40 feet.
(2) Side:
(a) Least one: 15 feet.
(b) Total of two: 40 feet.
(3) Rear: 40 feet.
G. Maximum height of building:
(1) In stories: two.
(2) In feet: 30.
H. Height/Setback Ratio:
(1) Front: 0.60.
(2) Side: 1.60.
H.I. Minimum usable open space on lot [as required by Article IV, § 250-6B(3)]: the
same as in the R-20 District (1,200 square feet for each dwelling unit).
I.J. Mandatory off-street loading space: none.
J.K. Minimum floor area of dwellings (see Article IV, § 250-6D): the same as in the R-
20 District.
K.L. Other provisions and requirements: the same as in the R-20 District.
§ 250-20.1. R-15A One-Family Residential District. [Added 6-14-1994 by L.L. No.
7-1994]
11
A. Permitted principal uses: the same as in the R-20 District.
B. Permitted accessory uses: the same as in the R-20 District.
C. Uses permitted at discretion of Village Board [pursuant to the procedure specified
in Article IV, § 250-6H(1)]: the same as in the R-20 District.
D. Maximum Gross Floor Area of a main building shall be calculated as follows:
Maximum Gross Floor Area = 4,000+ ((Lot Area – 21,780) * 0.11478421)
D. Maximum floor area ratio: none.
E. [Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No. 2-1998]
Minimum size of lot:
(1) Area: 15, 000 square feet.
(2) Horizontal circle diameter: 100 feet.
(3) Frontage: 75 feet.
F. Minimum yard dimensions in feet:
(1) Front: 30 feet.
(2) Side:
(a) Least one: 10 feet.
(b) Total of two: 20 feet.
(3) Rear: 65 feet.
G. Maximum height of building:
(1) In stories: two stories.
(2) In feet: 30 feet.
H. Height/Setback Ratio:
(1) Front: 0.80.
12
(2) Side: 2.40.
H.I. Minimum usable open space on lot [as required by Article IV, § 250-6B(3)]: the
same as in the R-20 District, (1,200 square feet for each dwelling unit).
I.J. Mandatory off-street loading space: none.
J.K. Minimum floor area of dwellings (as required by Article IV, § 250-6D): the same
as in the R-20 District.
K.L. Other provisions and requirements: the same as in the R-20 District, except that
lot area coverage requirements shall be governed by § 250-37.
§ 250-21. R-12 One-Family Residential District.
A. Permitted principal uses: the same as in the R-20 District.
B. Permitted accessory uses: the same as in the R-20 District.
C. Uses permitted at discretion of Village Board [pursuant to the procedure specified
in Article IV, § 250-6H(1)]: the same as in the R-20 District.
D. Maximum Gross Floor Area of a main building shall be calculated as follows:
Maximum Gross Floor Area = 4,000+ ((Lot Area – 21,780) * 0.11478421)
D. Maximum floor area ratio: none.
E. [Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No. 2-1998]
Minimum size of lot:
(1) Area: 12,500 square feet.
(2) Horizontal circle diameter: 100 feet.
(3) Frontage: 65 feet.
F. Minimum yard dimensions in feet:
(1) Front: 35 feet.
13
(2) Side:
(a) Least one: 15 feet.
(b) Total of two: 40 feet.
(3) Rear: 35 feet.
G. Maximum height of building.
(1) In stories: two.
(2) In feet: 30.
H. Height/Setback Ratio:
(1) Front: 0.69.
(2) Side: 1.60.
H.I. Minimum usable open space on lot [as required by Article IV, § 250-6B(3)]: the
same as in the R-20 District, (1,200 square feet for each dwelling unit).
I.J. Mandatory off-street loading space: the same as in the R-20 District.
J.K. Minimum floor area of dwellings (see Article IV, § 250-6D): 1,200 square feet.
K.L. Other provisions and requirements: the same as in the R-20 District.
§ 250-22. R-10 One-Family Residential District.
A. Permitted principal uses: the same as in the R-20 District.
B. Permitted accessory uses: the same as in the R-20 District.
C. Uses permitted at discretion of Village Board [pursuant to the procedure specified
in Article IV, § 250-6H(1)]: the same as in the R-20 District.
D. Maximum Gross Floor Area of a main building shall be calculated as follows:
Maximum Gross Floor Area = 4,000+ ((Lot Area – 21,780) * 0.11478421)
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D. Maximum floor area ratio: none.
E. [Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No. 2-1998]
Minimum size of lot:
(1) Area: 10,000 square feet.
(2) Horizontal circle diameter: 75 feet.
(3) Frontage: 60 feet.
F. Minimum yard dimensions:
(1) Front: 30 feet.
(2) Side:
(a) Least one: 10 feet.
(b) Total of two: 25 feet.
(3) Rear: 30 feet.
G. Maximum height of building:
(1) In stories: two stories.
(2) In feet: 30 feet.
H. Height Setback Ratio:
(1) Front: 0.80.
(2) Side: 2.40
H.I. Minimum usable open space on lot [as required by Article, § 250-6B(3)]: the
same as in the R-20 District (1,200 square feet for each dwelling unit).
I.J. Mandatory off-street loading space (as defined in Article II): none.
J.K. Minimum floor area of dwellings (see Article IV, § 250-6D): the same as in the
R-12 District (1,200 square feet).
K.L. Other provisions and requirements: the same as in the R-20 District.
15
§ 250-23. R-7 One-Family Residential District.
A. Permitted principal uses: the same as in the R-20 District.
B. Permitted accessory uses: the same as in the R-20 District.
C. Uses permitted at discretion of Village Board [pursuant to the procedure specified
in Article IV, § 250-6H(1)]: the same as in the R-20 District.
D. Maximum Gross Floor Area of a main building shall be calculated as follows:
Maximum Gross Floor Area = 4,000+ ((Lot Area – 21,780) * 0.11478421)
D. Maximum floor area ratio: none.
E. [Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No. 2-1998]
Minimum size of lot:
(1) Area: 7,500 square feet.
(2) Horizontal circle diameter: 60 feet.
(3) Frontage: 60 feet.
F. Minimum yard dimensions:
(1) Front: 25 feet.
(2) Side:
(a) Least one: eight feet.
(b) Total of two: 20 feet.
(3) Rear: 20 feet.
G. Maximum height of building:
(1) In stories: two.
(2) In feet: 30.
16
H. Height/Setback Ratio:
(1) Front: 0.96.
(2) Side: 3.00.
H.I. Minimum usable open space on lot [as required by Article, § 250-6B(3)]: the
same as in the R-20 District (1,200 square feet for each dwelling unit).
I.J. Mandatory off-street loading space (as defined in Article II): none.
J.K. Minimum floor area of dwellings (see Article IV, § 250-6D): 1,000 square feet.
K.L. Other provisions and requirements: the same as in the R-20 District.
§ 250-24. R-5 One-Family Residential District.
A. Permitted principal uses: the same as in the R-20 District.
B. Permitted accessory uses: the same as in the R-20 District.
C. Uses permitted at discretion of Village Board [pursuant to the procedure specified
in Article IV, § 250-6H(1)]: the same as in the R-20 District.
D. Maximum Gross Floor Area of a main building shall be calculated as follows:
Maximum Gross Floor Area = 4,000+ ((Lot Area – 21,780) * 0.11478421)
D. Maximum floor area ratio: none.
E. [Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No. 2-1998]
Minimum size of lot:
(1) Area: 5,000 square feet.
(2) Horizontal circle diameter: 50 feet.
(3) Frontage: 50 feet.
F. Minimum yard dimensions:
17
(1) Front: 20 feet.
(2) Side:
(a) Least one: six feet.
(b) Total of two: 16 feet.
(3) Rear: 30 feet.
G. Maximum height of building:
(1) In stories: two.
(2) In feet: 30.
H. Height/Setback Ratio:
(1) Front: 1.20.
(2) Side: 4.00.
H.I. Minimum usable open space on lot [as required by Article, § 250-6B(3)]: the
same as in the R-20 District (1,200 square feet for each dwelling unit).
I.J. Mandatory off-street loading space (as defined in Article II): none.
J.K. Minimum floor area of dwellings (see Article IV, § 250-6D): the same as in the
R-7 District (1,000 square feet).
K.L. Other provisions and requirements: the same as in the R-20 District.
§ 250-25. R2-F Two-Family Residential District.
A. Permitted principal uses:
(1) All uses permitted in the R Districts above, as permitted therein.
(2) Additional dwelling units as in Subsection L.K.
(3) Rooming houses.
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(4) Two-family dwellings.
B. Permitted accessory uses:
(1) The same as in the R-20 District, except that limitation on garages is
waived to the extent necessary to comply with the off-street parking
requirement. [Amended 2-9-1994 by L.L. No. 2-1994]
(2) One commercial type vehicle may be garaged on a lot.
C. Uses permitted at discretion of Village Board [pursuant to the procedure specified
in Article IV, § 250-6H(1)]:
(1) The same as in the R-20 District.
(2) Nursery for the growing and sale of trees, plants, shrubs and horticultural
supplies, including the maintenance of separate buildings incidental thereto.
The minimum lot size for this use shall be as follows:
(a) Area: one acre.
(b) Width: 150 feet.
(c) Depth: 250 feet.
(3) Professional office space for use by physicians, surgeons, dentists,
attorneys, accountants, insurance agents or similar professions, not
residents of the premises, in dwellings on the northerly and southerly side
of Bowman Avenue between South Ridge Street and the Port Chester
Village boundary line; and in dwellings on the northerly and southerly side
of Westchester Avenue between North Ridge Street and the Port Chester
Village boundary line, presently zoned R2-F, provided that there shall not
be more than two such professional persons occupying any one dwelling,
and provided further that there shall be no hospital facilities in connection
therewith in any case.
(a) Off-street parking space shall be provided for at least three (3) cars
for each office or suite of offices of a given tenancy or one (1) car for
every 300 square feet of floor area used for such office purposes,
whichever is greater, and that the public front entrance to such
professional office and parking for such office shall be space is from
Bowman Avenue or Westchester Avenue only.
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(b) Signs, for the professional occupying the space, shall not exceed two
square feet in area, identifying a professional office.
D. Maximum Gross Floor Area of a main building shall be calculated as follows:
Maximum Gross Floor Area = 4,000+ ((Lot Area – 21,780) * 0.11478421)
D. Maximum floor area ratio: none.
E. [Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No. 2-1998]
Minimum size of lot:
(1) Area: 5,000 square feet.
(2) Horizontal circle diameter: 50 feet.
(3) Frontage: 50 feet.
F. Minimum yard dimensions:
(1) Front: 20 feet.
(2) Side:
(a) Least one: six feet.
(b) Total of two: 16 feet.
(3) Rear: 30 feet.
G. Maximum height of building:
(1) In stories: two.
(2) In feet: 30.
H. Height/Setback Ratio:
(1) Front: 1.20.
(2) Side: 4.00.
20
H.I. Minimum usable open space on lot [as required by Article IV, § 250-6B(3)]: the
same as in the R-20 District (1,200 square feet for each dwelling unit).
I.J. Mandatory off-street loading space (as defined in Article II): none.
J.K. Minimum floor area of dwellings (see Article IV, § 250-6D): none.
K.L. Other provisions and requirements:
(1) For parking requirements, see Article IV, § 250-6G(1).
(2) Any dwelling existing at the time of the adoption of this chapter may be
converted for use by more than one family, provided that all of the
following standards are met and maintained:
(a) Floor space, exclusive of basement and attic areas but including
hallways, must average 750 square feet per family to be housed.
(b) No changes are made in the exterior appearance of the building
except for any required fire escapes.
(c) Service access from the rear yard of the building is provided for each
apartment.
(d) The required parking space is provided as specified in Article IV, §
250-6G(1), and the required usable open space is provided as
specified in this Subsection I.K(2).
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1
DRAFT
A Local Law to amend
Section 250-2, Definitions,
and Section 250-37, Lot
Area Coverage, of the
Village Code
BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as
follows:
1. The following new definition shall be added to Section 250-2.C of the Village
Code in its proper alphabetical order:
IMPERVIOUS SURFACES – All buildings, as defined herein, as well as and all
areas on the ground or elevated above the ground which are comprised of
materials through which water cannot readily flow, which are comprised of
materials including, but not limited to asphalt, concrete, masonry, wood, gravel
and clay, and which consist of elements including, but not limited to, court yards,
volleyball courts, tennis courts and other sports courts, swimming pools, patios,
sidewalks, ramps, terraces and driveways.
2. New Sections 250-37.D, E and F shall be added to the Village Code and shall read
as follows:
D. Total maximum permitted impervious coverage. The following maximum
impervious coverage standards, based on lot size, shall apply to each lot:
TOTAL MAXIMUM PERMITTED COVERAGE BY
IMPERVIOUS SURFACES
LOT AREA
(sq.ft.)
For Base Lot Area
(sq.ft.)*
For Lot Area Over Base Lot Area
(%)
0 to 4,000 0 55
4,001 to 6,000 2,200 35
6,001 to 12,000 2,900 27
12,001 to 16,000 4,520 26
16,001 to 20,000 5,560 25
20,001 to 30,000 6,560 24
30,001 to 40,000 8,960 23
40,001 and larger 11,260 22
2
*“Base Lot Area” is the minimum end of the lot size range in the “Lot Area” column.
E. Maximum permitted coverage by impervious surfaces coverage in front yards.
The following maximum impervious coverage standards, by zoning districts,
shall apply to each lot:
F. Existing impervious coverage. Not withstanding subsections D and E above,
impervious coverage which exists upon the effective date of subsections D and
E and does not comply with said subsections, shall not be considered
nonconforming as provided in §250-6. F of this Chapter, but said impervious
coverage shall not be enlarged or extended unless it is made to conform to all
the regulations for the district in which it is situated.
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Zoning District
MAXIMUM PERMITTED
IMPERVIOUS
COVERAGE IN FRONT
YARD
(%)
R-20 30
R-15 35
R-15A 35
R-12 40
R-10 45
R-7 40
R-5 30
R2-F 30
APPENDIX B – STUDY AREA PHOTOGRAPHS
9 Beechwood Boulevard R-20
77 Hillandale Road R-20
73 Hillandale Road R-20
71 Hillandale Road R-20
33 Hillandale Road R-20
4 Hillandale Road R-20
21 Birch Lane R-15
5 Castle View Court R-15
15 Castle View Court R-15
974 King Street R-15
270 North Ridge Street R-15
12 Red Roof Drive R-15
24 Red Roof Drive R-15
4 Hills Point Lane R-12
5 Horseshoe Lane R-12
54 Lincoln Avenue R-12
29 Mohegan Lane R-12
8 Bell Place R-10
4 Jennifer Lane R-10
4 Lincoln Avenue R-10
80 Valley Terrace R-7
61 Valley Terrace R-7
11 Argyle Road R-7
7 Argyle Road R-7
209 Neuton Avenue R-5
555 Westchester Avenue R2-F (Proposed addition not yet constructed)
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