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.
[1]
Editor's Note: See Ch. 215, Westchester County Greenway Compact Plan.
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. 
For the purposes of this chapter only, certain words and terms used herein are defined as follows:
ACCESSORY APARTMENT
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]
ACCESSORY CRAFT DISTILLERY
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]
ACCESSORY MICROBREWERY
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]
ACCESSORY RESIDENCE DWELLING
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]
ACCESSORY WINERY
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]
ACCESSWAY
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.
AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT
[Added 7-13-2015 by L.L. No. 7-2015; amended 12-10-2018 by L.L. No. 13-2018]
(1) 
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.
(2) 
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.
AGENCY-OPERATED BOARDING HOME
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.
ALTER
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.
ALTERNATIVE TOWER STRUCTURE
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]
ANTENNA
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]
ANTENNA, RECEIVING
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]
ANTENNA, SATELLITE DISH
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]
ANTENNA TOWER
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]
ANTENNA, TRANSMITTING
An antenna used to transmit and/or transmit and receive radio or electromagnetic waves.
[Added 2-17-1998 by L.L. No. 1-1998]
BASEMENT
That portion of a building wholly or partly underground, which extends no more than five feet above the adjoining finished grade.
BED-AND-BREAKFAST ESTABLISHMENT
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]
BUFFER AREA
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.
BUFFER LOT
An undeveloped lot shown on the Town of Lewisboro Tax Map which is contiguous to land located within a Campus Commercial CC-20 District.
BUILDING
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.
BUILDING, ACCESSORY
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]
BUILDING AREA
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.
BUILDING COVERAGE
That percentage of the lot area covered by the combined areas of all buildings on the lot.
BUILDING HEIGHT
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]
BUILDING LENGTH
The least horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of its greatest dimension.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot in which said building is situated.
CHILD DAY CARE
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]
CHILD DAY-CARE CENTER
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]
CHILD DAY-CARE PROVIDER
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]
CLUB
A voluntary organization, not conducted for gain, with the facilities catering principally to members and to their guests for recreational, athletic or social purposes.
COLLOCATION
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]
COMMUNICATION FACILITY
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]
COMMUNICATION TOWER
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]
CONDOMINIUM LOT
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]
CORNER LOT
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]
DECIBEL
A unit of measurement of intensity of sound (the sound pressure level).
DENSITY UNIT
Equal to one, or a proportionate combination adding up to one, of the following:
(1) 
One one-family detached dwelling unit.
(2) 
One dwelling unit containing four or more bedrooms in a permitted type of dwelling other than a one-family detached unit.
(3) 
One and one-half dwelling units containing three bedrooms each in permitted dwellings other than one-family detached units.
(4) 
Two dwelling units containing two bedrooms each in permitted dwellings other than one-family detached units.
(5) 
Two and one-half dwellings containing one bedroom each in permitted dwellings other than one-family detached units.
(6) 
Three efficiency dwelling units in permitted dwellings other than one-family detached units.
DUST
Solid particulate matter capable of being air- or gasborne.
DWELLING
A building containing one or more dwelling units.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units.
DWELLING, ONE-FAMILY
A dwelling containing only one dwelling unit.
DWELLING, TWO-FAMILY
A dwelling containing two dwelling units.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for a family.
DWELLING UNIT, ATTACHED
A dwelling unit having common walls, floors or ceilings with two or more other dwelling units.
DWELLING UNIT, DETACHED
A dwelling unit having no common walls, floors or ceilings with any other dwelling unit.
DWELLING UNIT, SEMIDETACHED
A dwelling unit which has a common wall, floor or ceiling with only one other dwelling unit.
EDUCATIONAL USE
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]
FAA
The Federal Aviation Administration.
[Added 2-17-1998 by L.L. No. 1-1998]
FAMILY
A group of related individuals or not more than four unrelated individuals living and cooking together as a single housekeeping unit.
FAMILY DAY-CARE HOME
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]
FCC
The Federal Communications Commission.
[Added 2-17-1998 by L.L. No. 1-1998]
FLOODPLAIN, ONE-HUNDRED-YEAR
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]
FLOOR AREA, GROSS
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.
FLOOR AREA RATIO
The gross floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
FREQUENCY
The number of oscillations per second of a vibration.
FRONTAGE
The extent of a lot along a street.
GARAGE, PRIVATE
An accessory building used for the storage of automobiles for private use only.
GARAGE, PUBLIC
A building or premises other than a private garage, used for the storage, rental, servicing and/or repair of motor vehicles.
GASOLINE SERVICE STATION
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.
GREENHOUSE
A building used as a conservatory for the growing and protection of flowers or plants and for the propagation and culture thereof.
GROUP FAMILY DAY-CARE HOME
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]
GROUP HOME
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]
HOME OCCUPATION
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.
HOSPITAL
A building for the diagnosis and treatment of human ailments, including a sanitarium or sanitorium or clinic.
HOTEL
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.
HOUSEKEEPING FACILITIES
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.
HOUSE TRAILER
See "trailer."
IMPACT VIBRATION
Earth-borne oscillations occurring in discrete pulses at or less than 100 per minute.
INDOOR RECREATION FACILITY
A facility used for general recreation activities such as health clubs, gymnasia, skating rinks, swimming pools, racquet courts, bowling alleys and billiard rooms.
KENNEL, COMMERCIAL
An establishment for the treatment, care, boarding or breeding of dogs or cats for a fee.
KENNEL, PRIVATE
The keeping of a total of five or more dogs or cats over six months of age but not for commercial purposes.
LANDSCAPE NURSERY
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.
LOADING SPACE
An off-street space available for the loading or unloading of goods in complying with the requirements specified in Article VII of this chapter.
LOT
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.
LOT AREA
The total horizontal areas included within lot boundaries.
LOT DEPTH
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]
LOT LINE
A property line bounding a lot as defined herein.
LOT LINE, FRONT
The line separating a lot from a street with the following two exceptions:
[Amended 11-26-1991 by L.L. No. 1-1991]
(1) 
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.
(2) 
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]
LOT LINE, REAR
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.
LOT WIDTH, MINIMUM
The distance specified in § 220-23.
MIDDLE-INCOME DWELLING UNIT
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.
MIDDLE-INCOME FAMILIES
(1) 
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
(2) 
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]
MOBILE HOME
See "trailer."
MODULAR UNIT
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]
MONOPOLE
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]
MULTIFAMILY DWELLING
A building containing three or more dwelling units.
NIER
Nonionizing electromagnetic radiation.
[Added 2-17-1998 by L.L. No. 1-1998]
NONCONFORMING USE
A use of a structure or of land that does not conform to the regulations for the district in which it is located.
OCTAVE BAND
A means of dividing the range of sound frequencies into octaves, in order to classify sound according to pitch.
OCTAVE BAND FILTER
An instrument, standardized by the American Standards Association, used in conjunction with a sound level meter to take measurements in specific octave bands.
PARKING SPACE
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.
PARTICULATE MATTER
Any finely divided liquid or solid matter, including smoke, capable of being air- or gasborne.
PLAYGROUNDS
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]
PORCH
A roofed structure projecting out from the wall or walls of a main structure and which may be open to the weather.
PRIVATE NATURE PRESERVE
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]
PROFESSIONAL OFFICE
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.
PUBLIC UTILITY
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]
RANCHING
Breeding, raising or managing an animal farm. In the case of horses, this would include the training of horses.
REAL ESTATE SIGN
A sign which pertains to the sale, lease or rental of real property.
[Added 10-22-1991]
RESTAURANT, FAST-FOOD
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]
RESTAURANT, FULL-SERVICE
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]
RESTAURANT, LIMITED-SERVICE CARRY-OUT
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]
RIDING ACADEMY
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]
RINGELMANN SMOKE CHART
A chart for determining the density of smoke and which is issued by the Federal Bureau of Mines.
SCHOOL-AGE CHILD CARE
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]
SCHOOL, PRIVATE
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.
SCHOOL, PUBLIC
An educational institution operated by a public school district under the laws of the State of New York.
SEASONAL OUTDOOR RESTAURANT SEATING
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]
SIGN
As defined in Chapter 185, Signs.
[Amended 2-23-1993 by L.L. No. 5-1993]
SIGN AREA
As defined in Chapter 185, Signs.
[Amended 2-23-1998 by L.L. No. 5-1993]
SITE COVERAGE
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]
SMOKE
Any emission into the open air from any source, except emissions of uncontaminated water vapor.
SMOKE UNIT
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.
SOLAR PANEL
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]
SOUND LEVEL METER
An instrument, standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels.
STEADY-STATE VIBRATIONS
Continuous earthborne oscillations. Discrete pulses that occur more than 100 times per minute shall be considered steady-state vibrations.
STORY
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.
STORY, ONE-HALF
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.
STREET
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.
STREET LINE
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]
220 Figure A.tif
Figure A
Street Line
STRUCTURE
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]
(1) 
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.
(2) 
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.
(3) 
Solar panels.
SWIMMING POOL
Any body of water having an artificial bottom and/or sides and a depth of more than two feet in any point therein.
TAVERN
A business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises.
TELECOMMUNICATIONS
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]
TERRACE
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.
THREE-COMPONENT MEASURING SYSTEM
A device for recording the intensity of any vibration in three mutually perpendicular directions.
TOXIC OR NOXIOUS MATTER
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.
TRAILER
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]
USE
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.
USE, ACCESSORY
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]
WETLANDS AND WATERCOURSES
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]
WETLANDS/WATERCOURSES BUFFER AREA
Land meeting the definition set forth in Chapter 217, Wetlands and Watercourses.
[Added 11-1-2004 by L.L. No. 3-2004]
YARD
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.