For the purposes of promoting health, safety, morals and the
general welfare of the community, the Town Board of the Town of Lewisboro,
County of Westchester and State of New York, under the authority granted
by § 261 of the Town Law and in accordance with the procedures
in § 264 of the Town Law and § 239-m of the General
Municipal Law, hereby adopts this chapter in furtherance of the adopted
Town Development Plan and to promote the purposes set forth in § 263
of the Town Law, including the following:
A.
To guide the future development of the Town in accordance with a
comprehensive plan designed to represent and promote the most beneficial
and convenient relationship among the residential, commercial, industrial
and public areas of the Town, considering the suitability of each
area for such uses as indicated by existing conditions, trends and
development and changing modes in living, and having due regard for
the use of land, building development and social, cultural and economic
activity, both within the Town and with respect to the relationship
of the Town to areas outside thereof.
B.
To secure safety from fire, flood, panic and other dangers.
C.
To provide adequate light, air and privacy.
D.
To prevent overcrowding of the land and undue congestion of population.
E.
To promote the most beneficial relation between the use of land and
buildings and the circulation of traffic throughout the Town, having
particular regard to the avoidance of congestion of streets and provision
of safe and convenient vehicular and pedestrian traffic movements
appropriate to the various uses of land and buildings throughout the
Town.
F.
To facilitate the adequate provision of transportation, water, schools,
parks and other public requirements.
G.
To protect and conserve the value of land and buildings and the social
and economic stability of all parts of the Town.
H.
To prevent the pollution of watercourses and wetlands; to safeguard
the water table; to avoid hazardous conditions and excessive damage
resulting from stormwater runoff and flooding; and to encourage the
appropriate use and sound management of natural resources throughout
the Town.
I.
To preserve the natural beauty of the physiography of the Town; to
protect the Town against unsightly, obtrusive and obnoxious land uses
and operations; to enhance the aesthetic aspect of the natural and
man-made elements of the Town; and to ensure appropriate development
with regard to those elements.
J.
To promote the preservation of the existing historic character of
the Town and to encourage the development of uses which would add
to or be in harmony with this character.
K.
To provide adequate and suitably located areas for recreation activities.
L.
To bring the gradual conformity of the uses of land and buildings
throughout the Town to the adopted Town Development Plan; and to minimize
conflicts among the uses of land and buildings.
[Added 5-15-2007 by L.L. No. 2-2007]
By Local Law No. 2 of the Year 2007 the Town of Lewisboro has
adopted the Compact Plan,[1] as amended from time to time, as a statement of policies,
principles, and guides to supplement other established land use policies
in the Town. In its discretionary actions under this chapter, the
reviewing agency should take into consideration said statement of
policies, principles and guides, as appropriate.
A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. All words used in the
present tense include the future tense, all words in the plural number
include the singular number, and all words in the singular number
include the plural number, unless the natural construction of the
wording indicates otherwise. Unless otherwise specified, all distances
shall be measured horizontally. The word "Town" means the Town of
Lewisboro; the term "Town Board" means the Town Board of said Town;
the term "Board of Appeals" means the Zoning Board of Appeals of said
Town; the term "Planning Board" means the Town Planning Board of said
Town; the term "Building Inspector" means the Building Inspector of
said Town; the term "Town Plan" means the Town Development Plan adopted
by the Town Board pursuant to § 272-a of the Town Law. The
word "shall" is mandatory and not directory.
B.
ACCESSORY APARTMENT
ACCESSORY CRAFT DISTILLERY
ACCESSORY MICROBREWERY
ACCESSORY RESIDENCE DWELLING
ACCESSORY WINERY
ACCESSWAY
AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT
(1)
(2)
AGENCY-OPERATED BOARDING HOME
ALTER
ALTERNATIVE TOWER STRUCTURE
ANTENNA
ANTENNA, RECEIVING
ANTENNA, SATELLITE DISH
ANTENNA TOWER
ANTENNA, TRANSMITTING
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BUFFER AREA
BUFFER LOT
BUILDING
BUILDING, ACCESSORY
BUILDING AREA
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LENGTH
BUILDING, PRINCIPAL
CHILD DAY CARE
CHILD DAY-CARE CENTER
CHILD DAY-CARE PROVIDER
CLUB
COLLOCATION
COMMUNICATION FACILITY
COMMUNICATION TOWER
CONDOMINIUM LOT
CORNER LOT
DECIBEL
DENSITY UNIT
(1)
(2)
(3)
(4)
(5)
(6)
DUST
DWELLING
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
DWELLING UNIT, ATTACHED
DWELLING UNIT, DETACHED
DWELLING UNIT, SEMIDETACHED
EDUCATIONAL USE
FAA
FAMILY
FAMILY DAY-CARE HOME
FCC
FLOODPLAIN, ONE-HUNDRED-YEAR
FLOOR AREA, GROSS
FLOOR AREA RATIO
FREQUENCY
FRONTAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE SERVICE STATION
GREENHOUSE
GROUP FAMILY DAY-CARE HOME
GROUP HOME
HOME OCCUPATION
HOSPITAL
HOTEL
HOUSEKEEPING FACILITIES
HOUSE TRAILER
IMPACT VIBRATION
INDOOR RECREATION FACILITY
KENNEL, COMMERCIAL
KENNEL, PRIVATE
LANDSCAPE NURSERY
LOADING SPACE
LOT
LOT AREA
LOT DEPTH
LOT LINE
LOT LINE, FRONT
(1)
(2)
LOT LINE, REAR
LOT WIDTH, MINIMUM
MIDDLE-INCOME DWELLING UNIT
MIDDLE-INCOME FAMILIES
(1)
(2)
MOBILE HOME
MODULAR UNIT
MONOPOLE
MULTIFAMILY DWELLING
NIER
NONCONFORMING USE
OCTAVE BAND
OCTAVE BAND FILTER
PARKING SPACE
PARTICULATE MATTER
PLAYGROUNDS
PORCH
PRIVATE NATURE PRESERVE
PROFESSIONAL OFFICE
PUBLIC UTILITY
RANCHING
REAL ESTATE SIGN
RESTAURANT, FAST-FOOD
RESTAURANT, FULL-SERVICE
RESTAURANT, LIMITED-SERVICE CARRY-OUT
RIDING ACADEMY
RINGELMANN SMOKE CHART
SCHOOL-AGE CHILD CARE
SCHOOL, PRIVATE
SCHOOL, PUBLIC
SEASONAL OUTDOOR RESTAURANT SEATING
SIGN
SIGN AREA
SITE COVERAGE
SMOKE
SMOKE UNIT
SOLAR PANEL
SOUND LEVEL METER
STEADY-STATE VIBRATIONS
STORY
STORY, ONE-HALF
STREET
STREET LINE
STRUCTURE
(1)
(2)
(3)
SWIMMING POOL
TAVERN
TELECOMMUNICATIONS
TERRACE
THREE-COMPONENT MEASURING SYSTEM
TOXIC OR NOXIOUS MATTER
TRAILER
USE
USE, ACCESSORY
WETLANDS AND WATERCOURSES
WETLANDS/WATERCOURSES BUFFER AREA
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
For the purposes of this chapter only, certain words and terms used
herein are defined as follows:
A dwelling unit which is incidental and subordinate to a
permitted principal one-family use and located on the same lot therewith,
where either unit is occupied by the owner of the premises.
[Amended 4-6-1999 by L.L. No. 3-1999]
A manufacturing facility or establishment engaged in the
manufacturing of specialty or craft spirits in limited quantities,
with an emphasis on quality, flavor and technique and which may include
an area for tasting and for the sale of spirits and related items
and accessories.
[Added 2-25-2019 by L.L.
No. 1-2019]
A manufacturing facility or establishment engaged in the
manufacturing of specialty or craft beer in limited quantities, with
an emphasis on quality, flavor and brewing technique and which may
include an area for beer tasting and for the sale of beer, and beer
related items and accessories.
[Added 2-25-2019 by L.L.
No. 1-2019]
A dwelling unit which is incidental and subordinate to a
permitted principal one-family residence and located on the same lot
therewith, where the principal unit is occupied by the owner of the
premises. An accessory residence dwelling shall not be considered
an accessory apartment as defined herein.
[Added 4-6-1999 by L.L. No. 3-1999]
A manufacturing facility or establishment engaged in the
processing of grapes to produce wine and cider and which may include
an area for wine tasting and for the sale of wine and cider, and wine
and cider related items and accessories.
[Added 2-25-2019 by L.L.
No. 1-2019]
That portion of a lot, located between the required street
frontage and the site of a principal building, which has a width of
less than 1/3 of the required minimum lot width for the district in
which said lot is located.
[Added 7-13-2015 by L.L. No. 7-2015; amended 12-10-2018 by L.L. No. 13-2018]
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.
A rental unit that is affordable to a household whose income
does not exceed 60% of AMI and for which the annual housing cost of
the unit, defined as rent plus any tenant-paid utilities, does not
exceed 30% of 60% AMI, adjusted for family size, and that is marketed
in accordance with the Westchester County Fair and Affordable Housing
Affirmative Marketing Plan.
A residence operated by an agency that is licensed by the
New York State Department of Social Services or the Department of
Mental Hygiene, which functions as a single housekeeping unit and
which has occupancy limited to not more than six persons who are provided
with constant adult supervision and who, for various reasons, cannot
reside in their natural homes.
To change, enlarge or rearrange the structure or parts of
the existing facilities of a structure, or to move a structure from
one location or position to another on the same lot.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Added 2-17-1998 by L.L. No. 1-1998]
A device that converts radiofrequency electrical energy to
radiated electromagnetic energy and vice versa for television, radio,
data, imagery, telephone or other forms of telecommunications, including
a receiving and transmitting antenna, and satellite dish antenna.
[Added 2-17-1998 by L.L. No. 1-1998]
An antenna, other than a satellite dish antenna, used exclusively
to receive radio, television programming or any other electromagnetic
signal.
[Added 2-17-1998 by L.L. No. 1-1998]
An antenna with a reflective surface used to receive and/or
transmit radio or electromagnetic waves from and/or to an orbiting
satellite.
[Added 2-17-1998 by L.L. No. 1-1998]
A tower supported by guy wires or a freestanding lattice-type
antenna support structure greater than 12 feet in height in a residential
district and greater than 25 feet in height in a nonresidential district.
[Added 2-17-1998 by L.L. No. 1-1998]
An antenna used to transmit and/or transmit and receive radio
or electromagnetic waves.
[Added 2-17-1998 by L.L. No. 1-1998]
That portion of a building wholly or partly underground,
which extends no more than five feet above the adjoining finished
grade.
An owner-occupied dwelling in which no more than three bedrooms
are available as overnight accommodations for paying, transient guests
to whom a morning meal may be served.
[Added 6-15-2015 by L.L.
No. 3-2015]
Land which, when required by this chapter, contains, evergreen
plantings or structural components such as fences or berms for the
purpose of screening or blocking vision, noise pollutants or negative
influences in addition to maintaining the attractiveness of the community.
An undeveloped lot shown on the Town of Lewisboro Tax Map
which is contiguous to land located within a Campus Commercial CC-20
District.
Any structure having a roof supported by columns or similar
supports or by walls and intended for the shelter, housing or enclosure
of persons, animals or chattels.
A subordinate building, the use of which is customarily incidental
to that of a main building, and the height of which does not exceed
20 feet.
[Amended 2-22-2016 by L.L. No. 2-2016]
The maximum horizontal cross section of a main building and
all accessory buildings, exclusive of one-story open porches and bay
windows, which extend for one story only and do not project more than
five feet, cornices, eaves, gutters or chimneys projecting not more
than 18 inches, steps and terraces.
That percentage of the lot area covered by the combined areas
of all buildings on the lot.
The mean vertical distance measured from the mean average
level of the finished grade adjacent to exterior walls of the building
to the level of the highest point of the roof if the roof is flat,
or to the mean level between the eaves and the highest point of the
roof if the roof is of any other type. Building height with regard
to a communication tower, antenna tower or monopole shall mean the
distance measured from the finished grade around the base pad of the
support structure to the highest point on the tower, including the
base pad and any projecting antenna.
[Amended 2-17-1998 by L.L. No. 1-1998]
The least horizontal distance between the furthermost walls
of a building, measured along or parallel to the axis of its greatest
dimension.
A building in which is conducted the main or principal use
of the lot in which said building is situated.
Care for a child on a regular basis provided away from the
child's residence for fewer than 24 hours per day by someone other
than the parent, stepparent, guardian or relative within the third
degree of consanguinity of the parents or stepparents of such child.
"Child day care" shall not refer to care provided in a day camp; an
after-school program operated for the purpose of religious education,
sports or recreation; a kindergarten, prekindergarten or nursery school
for children three years of age or older or after-school program for
children operated by a public school district or by a private school
or academy which is providing elementary or secondary education in
accordance with the Education Law of the State of New York, provided
that the kindergarten, prekindergarten, nursery school or after-school
program is located on the premises or campus where the elementary
or secondary education is provided.
[Added 11-28-1995 by L.L. No. 6-1995]
Any program or facility caring for children for more than
three hours per day per child in which child day care is provided
by a child day-care worker, except those programs operating as a group
family day-care home, a family day-care home or school-age child-care
program, as defined in this section.
[Added 11-28-1995 by L.L. No. 6-1995]
Any individual, association, corporation, partnership, institution
or agency whose activities include providing child day care or operating
a home or facility where child day care is provided.
[Added 11-28-1995 by L.L. No. 6-1995]
A voluntary organization, not conducted for gain, with the
facilities catering principally to members and to their guests for
recreational, athletic or social purposes.
The siting and/or mounting of multiple communication facilities
used by the same provider, or by two or more competing providers,
on the same property and/or antenna support structure or communication
tower.
[Added 2-17-1998 by L.L. No. 1-1998]
Any site containing a communication tower, associated buildings,
structures and equipment; and/or receiving and/or transmitting antenna,
but excluding a satellite dish antenna less than one meter in maximum
diameter in a residential district or less than two meters in maximum
diameter in a nonresidential district, that does not produce or contribute
to the production of emission levels exceeding the emission standards
adopted, from time to time, by the Federal Communications Commission
(FCC), based on the maximum equipment output.
[Added 2-17-1998 by L.L. No. 1-1998]
A structure, including antenna towers and monopoles, on which
an antenna or other communication device and equipment is or has been
located for television, radio, data, imagery, telephone or other forms
of telecommunications. All communication towers shall be considered
a building for the purposes of this chapter.
[Added 2-17-1998 by L.L. No. 1-1998]
A lot on a filed subdivision plat created pursuant to § 220-26I of this chapter.
[Added 4-25-2011 by L.L. No. 3-2011]
A lot situated at the junction of and fronting on intersecting
streets. The owner shall, for the purpose of this chapter, have the
privilege of electing either street lot line as the front lot line.
In subdivisions approved by the Planning Board, said Board may designate
the front lot line of any such lot.[1]
A unit of measurement of intensity of sound (the sound pressure
level).
Equal to one, or a proportionate combination adding up to
one, of the following:
One one-family detached dwelling unit.
One dwelling unit containing four or more bedrooms in a permitted
type of dwelling other than a one-family detached unit.
One and one-half dwelling units containing three bedrooms each
in permitted dwellings other than one-family detached units.
Two dwelling units containing two bedrooms each in permitted
dwellings other than one-family detached units.
Two and one-half dwellings containing one bedroom each in permitted
dwellings other than one-family detached units.
Three efficiency dwelling units in permitted dwellings other
than one-family detached units.
Solid particulate matter capable of being air- or gasborne.
A building containing one or more dwelling units.
A dwelling containing three or more dwelling units.
A dwelling containing only one dwelling unit.
A dwelling containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for a family.
A dwelling unit having common walls, floors or ceilings with
two or more other dwelling units.
A dwelling unit having no common walls, floors or ceilings
with any other dwelling unit.
A dwelling unit which has a common wall, floor or ceiling
with only one other dwelling unit.
A use that is intended to foster the educational advancement
of individuals through educational programs, including instruction,
training and lessons, provided by a private individual or entity or
through a public institution.
[Added 6-11-2018 by L.L.
No. 6-2018]
The Federal Aviation Administration.
[Added 2-17-1998 by L.L. No. 1-1998]
A group of related individuals or not more than four unrelated
individuals living and cooking together as a single housekeeping unit.
A program caring for children for more than three hours per
day per child in which child day care is provided in a family home
for three children to six children. A family day-care home may, however,
care for seven children or eight children at any one time if no more
than six of the children are less than school age and the school-aged
children receive care primarily before or after the period such children
are ordinarily in school, during school lunch periods, on school holidays
or during those periods of the year in which school is not in session.[2]
[Added 11-28-1995 by L.L. No. 6-1995]
The Federal Communications Commission.
[Added 2-17-1998 by L.L. No. 1-1998]
An "area of special flood hazard" as set forth in Chapter 126, Flood Damage Prevention.
[Added 11-1-2004 by L.L. No. 3-2004]
The sum of the horizontal area of the several floors of a
building or buildings, measured to the exterior of the outside wall
of such buildings, but not to include attached or built-in garages,
porches or terraces, basements or unfinished floor area having a clear
headroom of less than seven feet.
The gross floor area in square feet of all buildings on a
lot divided by the area of such lot in square feet.
The number of oscillations per second of a vibration.
The extent of a lot along a street.
An accessory building used for the storage of automobiles
for private use only.
A building or premises other than a private garage, used
for the storage, rental, servicing and/or repair of motor vehicles.
Any area of land, including structures thereon, or any building
or part thereof which is used for the sale of motor fuel or motor
vehicle accessories, and which may include facilities for lubrication,
washing or otherwise servicing motor vehicles.
A building used as a conservatory for the growing and protection
of flowers or plants and for the propagation and culture thereof.
A program caring for children for more than three hours per
day per child in which child day care is provided in a family home
for seven children to 10 children of all ages, including not more
than four children under two years of age, or up to 12 children where
all of such children are over two years of age, except for those programs
operating as a family day-care home as defined herein.
[Added 11-28-1995 by L.L. No. 6-1995]
A residence operated by an agency that is licensed by the
New York State Department of Social Services or the Department of
Mental Hygiene, which functions as a single housekeeping unit and
which has occupancy limited to not more than 12 persons nor fewer
than seven persons who are provided with constant adult supervision,
and who, for various reasons, cannot reside in their natural homes.[3]
An accessory use, of a service character, carried on by the
residents of the premises, which use is clearly incidental and secondary
to the use of the dwelling for dwelling purposes, does not change
the character thereof, does not have any exterior evidence of such
secondary use other than a permitted nameplate and does not involve
merchandising, trade or the exchanging of commodities by sale. The
conduct of a clinic, hospital, barbershop, beauty parlor, tea room,
tourist home, animal hospital, convalescent home, funeral home and
stores, trades or businesses of any kind shall not be deemed to be
home occupations.
A building for the diagnosis and treatment of human ailments,
including a sanitarium or sanitorium or clinic.
A building or portion thereof containing rooms, without individual
kitchen facilities, occupied by transient guests who are lodged with
or without meals, which rooms have primary access from public halls,
and in which building or portion thereof there are certain public
rooms or halls for the service of food and drink, with or without
entertainment, and other facilities intended to provide customary
accessory conveniences or services normally incidental to and associated
with such a use.
Any evidence of a kitchen sink, stove or any combination
unit containing a sink, stove and refrigerator. Plumbing in place
for a sink can be considered evidence of housekeeping facilities.
See "trailer."
Earth-borne oscillations occurring in discrete pulses at
or less than 100 per minute.
A facility used for general recreation activities such as
health clubs, gymnasia, skating rinks, swimming pools, racquet courts,
bowling alleys and billiard rooms.
An establishment for the treatment, care, boarding or breeding
of dogs or cats for a fee.
The keeping of a total of five or more dogs or cats over
six months of age but not for commercial purposes.
Land, including structures thereon, used for the propagation,
raising, storage or display of plants, flowers, trees, shrubs or other
vegetation, including the sale of such items to the public.
An off-street space available for the loading or unloading of goods in complying with the requirements specified in Article VII of this chapter.
A parcel of land not divided by streets, devoted to a particular
use, or occupied or to be occupied by a building or buildings, together
with any required open space, and having frontage on a street as defined
herein.
The total horizontal areas included within lot boundaries.
The distance between the midpoints of the street line and
the rear lot line. When a lot abuts more than one street, the longest
depth shall be the lot depth.
[Amended 11-1-2004 by L.L. No. 3-2004]
A property line bounding a lot as defined herein.
The line separating a lot from a street with the following
two exceptions:
[Amended 11-26-1991 by L.L. No. 1-1991]
When a lot abuts more than one street, the owner may elect any
lot line abutting a street as the front lot line. In subdivisions
approved by the Planning Board, said Board may designate the front
lot line of any such lot.
When a lot is served by an accessway, easement or right-of-way,
the front lot line is any lot line located between the street line
and the principal building which generally parallels the street line.
[Amended 11-1-2004 by L.L. No. 3-2004]
The lot line which is generally opposite the front line.
If the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be the line parallel to the front line not less than 10 feet long,
lying wholly within the lot and farthest from the front line.
The distance specified in § 220-23.
A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 220-26F(4) of this chapter.
Families whose aggregate income, including the total of all
current annual income of all family members from any source whatsoever
at the time of application, but excluding the earnings of working
minors (under 21 years of age) attending school full-time, shall not
exceed the following multiple of the median annual Town-paid wages
of all full-time employees of the Town of Lewisboro during the preceding
calendar year:
|
Size of Family
(persons)
|
Multiple of Median Annual Town-Paid Wages
| ||
|---|---|---|---|
|
1
|
0.9
| ||
|
2
|
1.1
| ||
|
3
|
1.3
| ||
|
4
|
1.4
| ||
|
5
|
1.6
| ||
|
6
|
1.7
| ||
|
7
|
1.9
| ||
|
8 or more
|
2.0
|
Property income. For property or other investments which are
not returning dividends, rents or other measurable income (excluding
normal household personal possessions), a yearly income of 2% of the
fair market value of the investment shall be included in the family's
aggregate income.
[Amended 1-25-2016 by L.L. No. 1-2016]
See "trailer."
A factory manufactured home in accordance with the provisions
of Article 18 of the Executive Law.
[Amended 11-26-1991 by L.L. No. 1-1991]
Any freestanding pole greater than 12 feet in height in a
residential district and greater than 25 feet in height in a nonresidential
district, upon which an antenna is or has been located.[4]
[Added 2-17-1998 by L.L. No. 1-1998]
A building containing three or more dwelling units.
Nonionizing electromagnetic radiation.
[Added 2-17-1998 by L.L. No. 1-1998]
A use of a structure or of land that does not conform to
the regulations for the district in which it is located.
A means of dividing the range of sound frequencies into octaves,
in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association,
used in conjunction with a sound level meter to take measurements
in specific octave bands.
An off-street space available for the parking of one motor vehicle on a transient basis, and complying with the requirements specified in Article VII of this chapter.
Any finely divided liquid or solid matter, including smoke,
capable of being air- or gasborne.
Publicly owned and accessible space provided for active recreational
activities for children and/or adults.
[Added 2-17-1998 by L.L. No. 1-1998]
A roofed structure projecting out from the wall or walls
of a main structure and which may be open to the weather.
A parcel of land owned and/or operated by a 501(c)(3) not-for-profit
organization and containing buildings and/or structures, which is
dedicated to the promotion of greater public understanding, awareness
and appreciation of the natural environment through environmental,
horticultural, wildlife and/or agricultural education programs. Parcels
with incidental structures, such as, but not limited to, kiosks, signs,
benches, fountains, fencing, gates, bridges, and raised walkways,
located on otherwise unimproved land which may be used for similar
environmental and/or educational purposes, shall not be construed
as a private nature preserve.
[Added 3-19-2009 by L.L. No. 2-2009]
The office of a person and related staff engaged in an occupation
in which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them or otherwise
serving their interest or welfare through the practice of an art founded
on such knowledge. The word "professional" implies attainments in
knowledge, as distinguished from skill, and the application of such
knowledge to serve others. A professional license issued by the State
of New York or validated membership in a state or national professional
organization may be considered in establishing the status of a person
engaged in such occupation. A professional office may include but
not be limited to the office of an accountant, architect, chiropractor,
consultant, dentist, engineer, insurance broker, lawyer, optometrist,
physician, psychologist, real estate broker, surgeon or therapist.
Tutoring and instruction limited to a single pupil at a time shall
be deemed a professional office. The office of a veterinarian shall
be a professional office if overnight accommodation for animals is
provided on an emergency basis only and all facilities are located
entirely within the building housing the professional office. If located
as a permitted accessory use in a residential district, the qualifying
professional must be a resident of the property on which the office
is located.
Any person, firm, corporation or governmental agency duly
authorized to furnish to the public, under governmental regulation,
electricity, gas, water, sewage treatment, steam or communication
service. This definition shall not bestow any special status or standing
not already provided by state or federal law.
[Added 2-17-1998 by L.L. No. 1-1998]
Breeding, raising or managing an animal farm. In the case
of horses, this would include the training of horses.
A sign which pertains to the sale, lease or rental of real
property.
[Added 10-22-1991]
An establishment primarily engaged in the retail sale of
preprepared or quickly prepared meals and other food and beverage
products available upon a short waiting time, generally served in
disposable or prepackaged containers or wrappers and where patrons
usually select their orders from a standardized posted menu offering
a limited number of specialized items and/or standardized array of
items, such as, but not limited to, hamburgers, chicken, fish and
chips, pizza, tacos and hot dogs, which are prepared according to
standardized procedures for consumption either on or off the premises
in a facility where a substantial portion of the sales to the public
is by stand-up service and cleanup is generally performed by the patron.
"Fast-food restaurant" shall not include limited-service carry-out
or full-service restaurants as defined in this chapter.
[Amended 12-10-2007 by L.L. No. 4-2007]
An establishment primarily engaged in preparing and serving
food and beverages for consumption on the premises where patrons are
provided an individual menu and table or sit-down counter service
is provided by employees of the establishment. Take-out, delivery
and catering services are ancillary to the overall establishment business.
"Full-service restaurant" shall not include fast-food or limited-service
carry-out restaurants as defined in this chapter, nor any business
with drive-up window service.
[Amended 12-10-2007 by L.L. No. 4-2007]
An establishment primarily engaged in the on-site preparation
and retail sale of "carry-out" food and beverage products from a counter-type
installation for consumption off the premises but which may also include
the incidental sale of ready-to-consume food and beverages for consumption
on the premises. Such establishments shall be limited to speciality
delicatessens, coffee shops, ice cream shops, pizzerias and bakeries,
but exclude fast-food and full-service restaurants as defined in this
chapter, and any business with drive-up window service.
[Added 12-10-2007 by L.L. No. 4-2007]
A facility for the boarding, keeping, training and showing
of horses and for the instruction of persons in the art of horsemanship,
including boarding stables and breeding farms. A riding academy shall
include such improvements as are necessary for the safety and welfare
of the horses, the persons using or employed at the facility and the
general public and may include paddocks and other enclosures, stables,
barns and other storage buildings, riding rings, riding trails, residential
facilities for the managers and employees of the facility and such
other improvements as are customary or incidental to the use of property
as a riding academy, as determined by the approving agency.
[Amended 2-11-1992 by L.L. No. 1-1992; 7-29-2013 by L.L. No.
7-2013]
A chart for determining the density of smoke and which is
issued by the Federal Bureau of Mines.
A program caring for more than six school-aged children who
are under 13 years of age or who are incapable of caring for themselves,
in operation consistent with the school calendar. School-age child-care
programs shall offer care during the school year to an enrolled group
of children at a permanent site before or after the period children
enrolled in such program are ordinarily in school or during school
lunch period and may also provide such care on school holidays and
those periods of the year in which school is not in session.
[Added 11-28-1995 by L.L. No. 6-1995]
A kindergarten, primary or secondary school not operated
by a public school district but furnishing a comprehensive curriculum
of academic instruction similar to that of a public school, or a nursery
school specifically designed and used to provide care or instruction
for two or more children under six years of age.
An educational institution operated by a public school district
under the laws of the State of New York.
Seasonal outdoor seating and tables which are located directly
adjacent to and are operated in conjunction with a principal building
containing a restaurant, as an accessory use to that restaurant.
[Added 4-21-1998 by L.L. No. 3-1998; amended 5-19-1998 by L.L. No.
4-1998]
As defined in Chapter 185, Signs.
[Amended 2-23-1993 by L.L. No. 5-1993]
As defined in Chapter 185, Signs.
[Amended 2-23-1998 by L.L. No. 5-1993]
That percentage of the lot area covered by the combined area
of all buildings, structures and off-street parking and loading facilities,
including access drives, patios, terraces, plazas, sidewalks or other
improved surfaces on a lot inhibiting natural runoff from permeating
into the soil, whether paved or unpaved.
[Amended 11-1-2004 by L.L. No. 3-2004]
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is
the number obtained by multiplying the smoke density in a Ringelmann
Smoke Chart by the time of emission in minutes. For example, the emission
of Ringelmann Smoke Chart Number 1 for one minute equals one smoke
unit.
A solar photovoltaic panel or solar hot air or water panel
collector device, which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat.
[Added 9-10-2003 by L.L. No. 7-2003]
An instrument, standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
Continuous earthborne oscillations. Discrete pulses that
occur more than 100 times per minute shall be considered steady-state
vibrations.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between the surface of the floor
and the top of the ceiling beams next above it. A partially in-ground
floor shall be counted as a story if the ceiling is more than five
feet above the mean average level of the adjoining finished grade
or if it is used for a principal use.
A story that has a gross floor area no more than 60% of the
gross floor area of the story in the same building with the largest
gross floor area.
An existing state, county or Town highway, or a street shown
upon a subdivision plat approved by the Town Planning Board, as provided
by law, or on a plat duly filed and recorded in the office of the
County Clerk prior to the appointment of the Town Planning Board and
the grant to such Board of the power to approve subdivision plats.
The common line between a street and a lot. When a lot is
served by an accessway, easement or right-of-way, the street line
shall be the common line between the street and said accessway, easement
or right-of-way (refer to Figure A below). (See also the definition
of "lot line, front.")
[Amended 11-1-2004 by L.L. No. 3-2004]
 |
|---|
|
Figure A
Street Line
|
Anything which is constructed or erected which requires a
location on or under the ground or attachment to something having
such location, including but not limited to the following:
[Amended 2-17-1998 by L.L. No. 1-1998; 9-10-2003 by L.L. No.
7-2003]
Antennas, excluding satellite dish antennas having a maximum
diameter no greater than 18 inches and that does not exceed the maximum
permissible exposure limits as recommended by the Federal Communications
Commission, from time to time.
Any building or communication tower or tennis court but not
anything which is less than 64 square feet in area and eight feet
in height, with the exception of antennas and satellite dish antennas
as set forth above.
Solar panels.
Any body of water having an artificial bottom and/or sides
and a depth of more than two feet in any point therein.
A business primarily engaged in the retail sale of alcoholic
beverages for consumption on the premises.
The transmission of radio communications, between or among
points specified by the user, or information of the user's choosing,
without change in the form or content of the information as sent and
received.
[Added 2-17-1998 by L.L. No. 1-1998]
An uncovered flat platform of earth or other natural material
with or without a surface material or retaining walls. Any such platform
with a roof or awning shall be considered a porch.
A device for recording the intensity of any vibration in
three mutually perpendicular directions.
Any solid, liquid or gaseous matter, including but not limited
to gases, vapors, dusts, fumes and mists containing properties which,
by chemical means, are inherently harmful and likely to destroy life
or impair health or likely to cause injury to the well-being of persons
or damage to property.
Any vehicle or portable structure in accordance with the
provisions of Article 18 of the Executive Law. The term "trailer"
shall include the words "mobile home" or "house trailer.
[Amended 11-26-1991 by L.L. No. 1-1991]
The purpose for which land, water or a building or structure
is designed, arranged or intended or for which it is or may be occupied
or maintained.
A use which is customarily incidental and subordinate to
the principal use on a lot.
[Amended 2-22-2016 by L.L. No. 2-2016]
Land or water bodies meeting the definition set forth in Chapter 217, Wetlands and Watercourses.
[Amended 12-18-2007 by L.L. No. 6-2007]
Land meeting the definition set forth in Chapter 217, Wetlands and Watercourses.
[Added 11-1-2004 by L.L. No. 3-2004]
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except for permitted accessory uses and structures.
In measuring a yard, as hereinafter provided, the line of a building
shall be deemed to mean a line parallel to the nearest lot line, drawn
from a point of a building or the point of a group of buildings nearest
to such lot line, and the measurement shall be taken at right angles
from the line of the building as defined herein to the nearest lot
line.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line
of the building, and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front or rear lot
line, as the case may be.
[1]
Editor's Note: The definition of "day nursery," which immediately
followed this definition, was repealed 11-28-1995 by L.L. No. 6-1995.
[2]
Editor's Note: The definition of "fast-food restaurant," which
immediately followed this definition, was amended 12-10-2007 by L.L.
No. 4-2007. See now the definition of "restaurant, fast-food" below.
[3]
Editor's Note: The definition of "helistop," which immediately
followed this definition, was repealed 12-12-1995 by L.L. No. 7-1995.
[4]
Editor’s Note: The former definition of “motel,”
which immediately followed this definition, was repealed 6-15-2015
by L.L. No. 4-2015.
