12 - Part 12 - Current ZoningPlanning Base Studies
Village of Rye Brook, New York
Chapter 12 Current Zoning
12-1
May 2012
Prepared by the Westchester County Department of Planning
12.1 Zoning Map and Official Map
The Village of Rye Brook Official Map and Zoning Map (see Ap-
pendix 12-1) was prepared by consultants, initially adopted by the
Village Board of Trustees in 1999 and last amended by the Village
Board in 2008. Map 12-1, Zoning, on page 12-2 provides zoning
district boundaries for general reference purposes and is based on
the Official Map and Zoning Map. The Official Map elements in-
clude the listing and mapping of all public and private streets, with
widths of rights-of-way, as well as highways and parks within the
Village. The Village’s currently approved Official Map was last
adopted by the Village Board of Trustees on November 29, 2009
and is filed with the Village Clerk. The Village of Rye Brook Zon-
ing Ordinance can be found at the General Code e-code library.
CHAPTER 12. CURRENT ZONING
Zoning and the Comprehensive Plan
The comprehensive plan differs from the municipality’s zoning
ordinance in that its focus is on long-range goals and development
objectives. Zoning, on the other hand, is a legal instrument, which
regulates the current use of land. The zoning ordinance reflects
present municipal land use policies while the comprehensive plan
sets forth the future direction of a municipality’s land use policies
as they are expected to evolve. A zoning ordinance should be
based on the fundamentals put forth in the comprehensive plan, as
it regulates the use of specific parcels. Through it a municipality
may preserve the desirable features of existing development and
set standards for future development. Decisions on amendments to
the zoning ordinance by the legislative body, as well as the actions
of the zoning board on such things as variances and special per-
mits, should take into account the policies of the comprehensive
plan in order to maintain harmony between planning and zoning.
Source: Municipal Planning Primer Series, The Zoning Board of
Appeals, Westchester County Department of Planning, 2008.
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MAP NOTE: This map shows zoning districts in theVillage of Rye Brook, and was compiled based onlatest adopted zoning district information providedby the Village.
This map is not the official zoning map and isintended to be used for general reference purposesonly. Please refer to the Village's Official 2009Zoning Map. Inquiries regarding zoning districtboundaries, zoning designations of specific parcels,and exact use and bulk requirements should beverified with the Village's Building Department.
Village of Rye Brook, NY
HARRISON
Zoning
Westchester CountyDepartment of PlanniningDecember 2011
Planning Base Studies
Current Zoning
Westchester
County Airport
Blind Brook
Country Club
Rich
Manor
Park
Crawford Park
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R-25R-20R-15/15AR-12R-10R-7R-5R-2FR-A1P.U.D.
OB-1OB-2OB-3OB-S
C1-PC1H-1
One-Family Res. 25,000 sq ft min. lotOne-Family Res. 20,000 sq ft min. lotOne-Family Res. 15,000 sq ft min. lotOne-Family Res. 12,500 sq ft min. lotOne-Family Res. 10,000 sq ft min. lotOne-Family Res. 7,500 sq ft min. lotOne-Family Res. 5,000 sq ft min. lotTwo-Family Res. 5,000 sq ft min. lotRestricted Multi-Family, 10 acre min.Planned Unit Development, 30 acre min
Campus Office, 15 acre min.RetailOffice Building, 5 acre min.Office Building, 5 acre min.Office Building & Business Dist, 3 acre min.
Planned Neighborhood Retail, 1 acre min.Neighborhood Retail, 13,000 sq ft min.Hotel, 12 acre minimum
Airport Overlay Zones and Scenic Road Overlay Districtnot shown.
Map 12 - 1ZoningPage 12 - 2
Planning Base Studies
Village of Rye Brook, New York
Chapter 12 Current Zoning
12-3
May 2012
Prepared by the Westchester County Department of Planning
12.2 Zoning Districts
The Village’s zoning regulations divide the Village into 20 different
zoning districts. Each of the districts have specific permitted uses
and building bulk, height and coverage requirements and minimum
dimensional requirements for lot areas and yards or setbacks.
Of the 11 residential districts, there are eight districts allowing only
single-family residences as the primary permitted use. These dis-
tricts have minimum lot sizes ranging from 25,000 square foot to
5,000 square foot minimum. There is one Two-Family Residential
District, having a minimum lot size of 5,000 square feet. The Vil-
lage’s only multifamily district, RA-1 Restricted Multi-Family Dis-
trict, has a minimum lot size of 10 acres and is only permitted south
of Westchester Avenue.
Zoning District Acreage
R-25 One-Family Residential District 156.72
R-20 One-Family Residential District 235.00
R-15 One-Family Residential District 416.62
R-15A One-Family Residential District 12.40
R-12 One-Family Residential District 166.05
R-10 One-Family Residential District 150.26
R-7 One-Family Residential District 47.06
R-5 One-Family Residential District 10.38
R2-F Two-Family Residential District 102.93
RA-1 Restricted Multi-Family District 13.06
PUD Planned Unit Development District 301.85
OB-1 Campus/Office Building District 307.14
OB-2 Office Building District 218.32
OB-3 Office Building District 9.05
OB-S Office Building and Business District 7.08
C1-P Planned Neighborhood Retail District 15.08
C1 Neighborhood Retail District 6.98
Z-1 through Z-4 Airport Zones Overlay Zone
H-1 Hotel District 48.03
Scenic Road Overlay District Overlay Zone
Fair and Affordable Housing (FAH) District Floating District
Note: The following is a
summary of the Village’s
Zoning Ordinance provisions
provided as background –
please refer directly to the
Zoning Ordinance and Map
for all legal zoning require-
ments of the Village of Rye
Brook.
Figure 12-1. Table of Zoning Districts and Acreage
Source: Westchester County Department of Planning
Planning Base Studies
Village of Rye Brook, New York
12-4
May 2012
Prepared by the Westchester County Department of Planning
Chapter 12 Current Zoning
The Planned Unit Development (P.U.D.) District is permitted on a
minimum of 30 acres; this district also has a variety of specific uses
permitted, buffer requirements, open space and procedural require-
ments.
Four office districts are zoned in the Village having a range of mini-
mum lot sizes, types and mix of uses, as well as bulk, height and
coverage requirements. The four districts range in density and size.
The OB-1 Campus/Office Building District, currently zoned north
of Anderson Hill Road, encourages lower-density, campus develop-
ment, while the BB-S Office Building and Business District permits
a mix of office and retail uses on a minimum of three acres.
Three retail business districts allow a variety and mix of uses on
various minimum lot sizes. Two of the districts, C1-P Planned
Neighborhood Retail and C1 Neighborhood Retail District, require
minimum lot sizes of one acre and 13,000 square feet, respectively.
These districts encourage a mix of retail uses and are located in the
Village’s retail center along South Ridge Street and Bowman Ave-
nue. The H-1 Hotel district requires of at least 15 but no more than
20 acres and carries standards for the size of hotel rooms, parking
and roadway requirements, landscaping, signs and lighting.
The Zoning Ordinance
Zoning encompasses the division of a municipality into districts or zones and the regulation of the
use of land and the size of buildings within each of those districts.
The zoning ordinance is generally composed of three elements:
The text, which describes the intent of the ordinance, defines the various zones and the uses
allowed therein, sets forth administrative procedures and establishes definitions.
The zoning standards, which include building bulk, height and coverage requirements and
minimum dimensional requirements for lot areas and yards or setbacks for each zone.
The zoning map, which shows the boundaries of each of the zones.
Together, these three parts form the document that controls the use and intensity of development of
privately held property within a municipality.
The Zoning Ordinance represents the land use policy of the municipality’s legislative body at a
given instant in time. It differs from the land use plan map found in the comprehensive plan, which
depicts land policy recommendations. A comparison of the zoning map and land use plan would
indicate the potential for change.
Source: Municipal Planning Primer Series, The Zoning Board of Appeals, Westchester County Department of Planning,
2008.
Planning Base Studies
Village of Rye Brook, New York
Chapter 12 Current Zoning
12-5
May 2012
Prepared by the Westchester County Department of Planning
A. Overlay and Floating Districts
The Zoning Ordinance and Map include two sets of overlay districts.
These districts include an additional set of requirements or limita-
tions. While the underlying zoning districts’ requirements remain in
effect, the overlay district’s requirements supersede the existing zon-
ing districts’ requirements when more restrictive.
Airport Overlay Zones – areas within two miles of the West-
chester County Airport within the Village have been designated
within four separate zones for the purposes of limiting heights of
buildings and other uses and giving the Village and Westchester
County special review and approval over development to ensure
safety of aircraft operations and on-ground persons and property.
Depending on the proximity to the Airport and which of the four
zones a property is located within, height of vegetation growth
and proposed buildings are under the review and permit authority
as stated in the Ordinance. Structures and apparatus that might
interfere with aviation communications and operations are also
prohibited within these zones.
Scenic Road Overlay District – to preserve the Village’s
―historic resources, stone walls, natural features and views from
its roadways,‖ the Zoning Ordinance and Zoning Map include
restrictions of uses on properties and areas along several roads
within the Village. These districts are intended to keep certain
development away from road frontages or to screen other devel-
opments on properties along these roads. Additional site plan re-
view may be required for development or actions on these proper-
ties, particularly when within certain setbacks. Minimum front
yard setbacks are increased by a factor of 1.5 along these roads
and a 35 foot wide vegetative buffer is required. All or part of the
following roads, and the properties abutting these roads, are in-
cluded in the District:
King Street
Anderson Hill Road
North Ridge Street
Lincoln Avenue
Westchester Avenue
Bowman Avenue
Fair and Affordable Housing District — The Fair and Afford-
able Housing (FAH) District is a floating zoning district that may
be applied to particular parcels in Rye Brook by an amendment to
the Zoning Map of the Village of Rye Brook upon the Board of
Trustees' own motion or upon an applicant's submission of a Peti-
tion, and approval of the Petition by the Board of Trustees. The
Planning Base Studies
Village of Rye Brook, New York
12-6
May 2012
Prepared by the Westchester County Department of Planning
Chapter 12 Current Zoning
purpose of this district is to provide flexible land use regulations,
a streamlined permitting process and incentives to encourage the
development of fair and affordable housing within the Village
that will remain fair and affordable for at least 50 years. The FAH
District is established in furtherance of the public health, safety
and welfare of the Village by encouraging a balanced demo-
graphic.
B. Other Notable Requirements In the Zoning Ordinance
Senior citizen housing development - to encourage and ensure
review and input from the Village, special permit requirements
are included in the Zoning Ordinance for senior citizen housing
developments. Such developments are only permitted south of
Westchester Avenue. Parking and yard setback requirements may
be reviewed and made flexible by the Village as part of the spe-
cial permit. The ordinance requires that 25% of the rental or own-
ership units shall be set-aside as having low-incomes. Rental lim-
its, sale and resale requirements are also detailed. Lists of poten-
tial renters and buyers are reviewable by the Village and prefer-
ences for Village, Town of Rye and Westchester County residents
are also detailed in the Ordinance.
Sign ordinance – a detailed sign ordinance is included to pro-
mote and ensure safety, visual quality, ease of communications
and fair review and compliance for permanent and temporary
signs within the Village..
Home occupations – detailed requirements in the Ordinance al-
low residential property owners to apply for permits to allow a
variety of certain home occupations. Three ―tiers‖ of occupations
are described, with increasing levels of scrutiny and requirements
by the Village.
Wireless communications facilities – to control wireless com-
munications facilities and establish the procedures for reviewing
and regulating the facilities, the Ordinance includes detailed spe-
cial permit requirements. Definitions, height, setback, landscap-
ing and access standards are set for new structures and facilities
co-located on existing structures.