A.
Conformity required. No building or structure shall be erected, moved,
altered, rebuilt or enlarged, nor shall any land or building be used,
designed or arranged to be used for any purpose or any manner except
in conformity with all regulations, requirements and restrictions
specified in this chapter for the district in which such building,
structure, use or land is located.
[Amended 11-1-2004 by L.L. No. 3-2004]
B.
Minimum requirements. In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for attainment of the purposes set forth in Article I. If any provision set forth herein conflicts with another provision set forth herein, then the most restrictive provision shall govern.
[Amended 11-1-2004 by L.L. No. 3-2004]
C.
Conflicting standards. Where this chapter requires a greater width
or size of yards or other open spaces or a lower height of building
or a fewer number of stories or a greater percentage of lot area to
be left unoccupied or otherwise imposes greater restrictions than
required by any other statute, bylaw, ordinance or regulation, the
provisions of this chapter shall govern. Where the provisions of any
other statute, bylaw, ordinance or regulation require a greater width
size of yards or other open spaces or a lower height of building or
a fewer number of stories or a greater percentage of lot area to be
left unoccupied or otherwise impose greater restrictions than are
required by this chapter, the provisions of such statute, bylaw, ordinance
or regulation shall govern.
A.
Continuation of existing nonconforming uses.
(1)
Any lawful use of a structure or of land existing on the effective
date of this chapter may be continued, subject to the regulations
specified below, even though such use does not conform to the use
provisions of this chapter. Such uses shall be deemed nonconforming
uses.
(2)
Similarly, whenever a zoning classification or the restrictions affecting
property within a district shall be changed hereafter so as to render
nonconforming a use then presently lawfully existing, such use may
continue subject to the regulations specified below. Such uses shall
be deemed nonconforming uses.
B.
Nonconforming use of land. Where no structure is involved, the lawful
nonconforming use of land may be continued, provided that:
(1)
Such nonconforming use shall not be enlarged or increased, nor shall
it be extended or moved to occupy a greater or different area of land
than occupied by such use at the time it was rendered nonconforming,
unless specifically allowed by other provisions of this chapter.
(2)
No nonconforming use of land shall be changed to another nonconforming use except as provided in Subsection E.
(3)
If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of more than six months, any future use of such land shall be in conformity with all use provisions of this chapter or shall have been approved under the provisions of Subsection E.
(4)
If such nonconforming use of land or any portion thereof is changed
to a conforming use, any future use of such land or portion thereof
shall be in conformity with all use provisions of this chapter.
C.
Nonconforming use of structures. The nonconforming use of a structure
may be continued, provided that:
(1)
Such structure shall not be enlarged, extended or altered unless the use therein is changed to a conforming use or except to conform to an order of the Building Inspector to either correct an unsafe condition or to conform to the requirements of applicable laws or ordinances. Should the work needed to conform to an order of the Building Inspector exceed 50% of the fair market value of the entire structure at the time of the order, as determined by the Town Assessor, the structure shall not thereafter be altered, reconstructed or used except when any future use of such structure shall be in conformity with all use provisions of this chapter or shall have been approved under the provisions of Subsection E.
(2)
Such nonconforming use of a structure shall not be enlarged or extended except that, under the provisions of Subsection E, such nonconforming use may be extended throughout parts of the structure which were manifestly arranged or designed for such use at the time it was rendered nonconforming.
(3)
No nonconforming use of a structure shall be changed to another nonconforming use, except as provided in Subsection E.
(4)
If such nonconforming use of a structure substantially ceases, as defined below, for any reason whatsoever for a continuous period of more than one year, any future use of such structure and the land on which it is located shall be in conformity with all use provisions of this chapter or shall have been approved under the provisions of Subsection E. Substantial cessation of activities consistent with or required for the operation of such nonconforming use or substantial vacancy of the structure in which the nonconforming use was conducted in combination with the substantial cessation of activities shall be deemed to constitute a discontinuance thereof within the meaning of this section irrespective of whether an intention to abandon the nonconforming use may exist. On application, the Board of Appeals may extend this period upon a finding that it is not reasonable in its application to the particular premises.
(5)
If such nonconforming use of a structure is changed to a conforming
use, any future use of such structure shall be in conformity with
all use provisions of this chapter.
(6)
Any structure within which a nonconforming use is located which is damaged or destroyed by any means to an extent exceeding 50% of the fair market value of the entire structure at the time of the damage, as determined by the Town Assessor, shall be permitted to be reconstructed only if the future use of the structure and the lot on which it is located shall be in conformity with all use provisions of this chapter or shall have been approved under the provisions of Subsection E.
(7)
Any structure within which a nonconforming use is located which is
damaged to an extent equal to or less than 50% of said fair market
value may be rebuilt, provided that:
(a)
The resumption of the nonconforming use takes place within one
year of the time of its interruption.
(b)
The cost of such reconstruction or structural alteration does
not exceed 50% of the fair market value of the entire structure at
the time of the damage, as determined by the Town Assessor.
(c)
The reconstruction or structural alteration is commenced within
six months of the date of such damage and completed within one year
of said date. On application, the Board of Appeals may extend this
period upon a finding that it is not reasonable in its application
to the particular premises.
(d)
Where such rebuilding can reasonably be accomplished so as to
result in greater conformity with this chapter, then the rebuilding
shall be so done.
D.
Nonconformities other than use.
(1)
A structure which is conforming in use but does not conform to the
height, yard, building coverage, floor area ratio, off-street parking
or other dimensional requirements of this chapter shall be deemed
to be dimensionally nonconforming.
(2)
No permit shall be issued nor shall any changes be made in such structure
that will result in the increase of any such dimensional nonconformity.
Any structure or portion thereof may be altered so as to decrease
a dimensional nonconformity or in a manner that will not affect an
existing dimensional nonconformity, subject to compliance with any
applicable approvals.
E.
Improvement or change of nonconforming uses. In order that nonconforming uses may be brought into greater conformity with this chapter and the adverse external effects of such nonconforming uses may be reduced, the owner of the land or structure so used may be permitted by the Board of Appeals to make improvements to such land or structure in accordance with the procedures set forth in this Subsection E, which procedures may require the preparation and approval of a site development plan. Alteration, improvement or reconstruction of a nonconforming use or the structure in which it is located shall be deemed to include but not be limited to changes in the location and layout of parking areas and access drives, changes in exterior lighting, architectural changes, including structure entries, and grade alteration. The establishment of new or additional landscaping and the maintenance of new or additional landscaping and the maintenance of exterior structure surfaces are exempt from the procedures of this section. Consistent with the intent of this subsection, a change from one nonconforming use to another nonconforming use may be permitted by the Board of Appeals in accordance with the procedures set forth in this section, which procedures may require the preparation and approval of a site development plan.
[Amended 2-23-1993 by L.L. No. 5-1993]
(1)
A property owner who wishes to make an alteration, improvement or
reconstruction to a lot or structure which is the site of a nonconforming
use or who wishes to change one nonconforming use to another nonconforming
use shall request approval for such action from the Board of Appeals.
Said request shall include a description of the proposed action and
adequate explanation of its purpose. A fee shall accompany the request
in an amount set forth in a fee schedule established by resolution
of the Town Board.[1]
[1]
Editor's Note: The fee schedule is on file in the Town offices.
(2)
The Board of Appeals may require the submission of any other pertinent
information as may be necessary to determine and to provide for the
proper enforcement of this chapter.
(3)
The Board of Appeals may approve the proposed alteration, improvement,
reconstruction or change of use if the Board determines that the following
criteria are met:
(a)
The proposed action will not result in an increase in any nonconforming aspect of the property or use, including scale of operation, physical construction and impact on surrounding properties, except as provided in Subsection E(4).
(b)
The proposed use is more appropriate to the district in which
the property is located.
(c)
The alteration, improvement, reconstruction or change of nonconforming
use will not be inconsistent with the purposes of this chapter and
would not have a detrimental impact on surrounding properties occupied
by conforming uses.
(d)
All conditions or safeguards identified by the Board of Appeals
as necessary or appropriate to further the purposes of this chapter
are required of the property owner as a condition of the Board's approval.
(4)
Planning Board referral.
(a)
Prior to making the determinations under Subsection E(3) the Board of Appeals shall refer the request to the Planning Board when, in the opinion of the Board of Appeals, the requested action may affect the physical use or development of the lot to such an extent as to benefit from the technical review procedure provided for in Article VI.
(b)
When such a referral to the Planning Board is made, the property owner shall prepare a site development plan in accordance with Article VI for submission to the Planning Board.
(c)
The Board of Appeals shall withhold a determination of approval
of the proposed alteration, improvement, reconstruction or change
of use until after receipt of a recommendation from the Planning Board.
Action by the Board of Appeals shall reference a site development
plan and all modifications to said plan required by the Planning Board.
(5)
Notwithstanding the above criteria, the Board of Appeals may approve
an increase in a nonconforming aspect of a use or structure if the
Board finds that the increase is the minimum possible so as to achieve
an overall site development or use in greater conformance with the
intent of this section and the purposes of this chapter. In such cases,
the findings of the Board of Appeals shall be specified in writing.
A.
Every building and structure hereafter erected, and every use hereafter established, shall be located on a lot as defined herein. Unless a special use permit is granted in accordance with Article V of this chapter, accessory buildings, structures and/or uses shall only be permitted and located on the same lot as a duly authorized principal building, structure and/or use to which it is accessory, and no lot shall be created that has an accessory building, structure or use without a principal use.
[Amended 11-1-2004 by L.L. No. 3-2004; 2-22-2016 by L.L. No. 2-2016]
B.
Subdivision of a lot.
(2)
Where a lot is formed hereafter from part of a lot already occupied
by a structure, such separation shall be effected in such manner as
not to impair conformity with any of the requirements of this chapter
with respect to the existing building and all yards and other required
spaces in connection therewith.
(3)
The approval of a subdivision plat by the Planning Board shall be
required prior to the combination of any land parcels into a building
lot if a change in a filed lot line is required so as to create the
buildable lot. The eradication of lot lines shall not require the
approval of a plot by the Planning Board.
(4)
Any land contained in a road widening strip dedicated to the Town
as requested by the Planning Board may be counted as part of the required
areas of the lot from which it is taken. Land dedicated for such purposes
may not be counted in satisfying yard requirements.
C.
Existing undersized lots.[2] A lot, the area or dimensions of which are less than those
required for the district in which it lies, may be deemed to qualify
for the issuance of a building permit if it meets the exemption requirements
of § 265-a of the Town Law or provided that:
(1)
The lot met the zoning requirements at the time the deed to the lot
was recorded;
(2)
All applicable district regulations other than the minimum lot area
are complied with;
[Amended 11-1-2004 by L.L. No. 3-2004]
(3)
The lot was separated in ownership from any adjoining tracts of land
on the effective date of this chapter or any amendment thereto which
resulted in said lot having less than the minimum area as required
by current regulations; and
(4)
The owner of such lot does not own any contiguous lots which, if combined in part or in whole with the first named lot, would make the first named lot a conforming lot. If contiguous lots are in the same ownership, said other lots, or so much thereof as may be necessary, shall be combined with the first named lot, in accordance with Subsection B, to make one conforming lot, whereupon a permit may be issued but only for such combined lots.
D.
Lots made nonconforming by future amendment. When and where the required area or dimensions of lots may be changed by future amendment of this chapter, any legal lot existing at that date and made nonconforming by such amendment may be built upon subject to the limitations contained in Subsection C herein.
E.
Parts of lots not counted toward minimum area requirements.
(1)
For any new lot created by subdivision, no part of such lot less
in width than 1/3 of the required minimum lot width for the district
in which it is located shall be counted as part of the required minimum
lot area.
(2)
Buildable area.
[Amended 11-1-2004 by L.L. No. 3-2004]
(a)
The area of any new lot created by subdivision must be documented to contain a portion of the basic required minimum lot area as specified in § 220-23 or 220-24 which consists of land likely to be buildable. Such portion of land shall not include land under water, land meeting the definition of "wetlands and watercourses," "one-hundred-year floodplain," or land with slope of or greater than 15% over a horizontal distance of 25 feet or more in the direction of the slope.
[Amended 12-17-2009 by L.L. No. 5-2009]
(b)
Said portion of the basic required minimum lot area must be
a contiguous segment of each lot having a minimum width of 50 feet
between opposing limits of said contiguous buildable area (refer to
Figure B below). Any portion of a lot less in width than 1/3 of the
required minimum lot width shall not be included.
 |
|---|
|
Figure B
Contiguous Buildable Area
|
(c)
The portion of the basic required minimum lot area shall be
as follows:
|
Zoning District
|
Required Minimum Contiguous Area Consisting of Land Likely
to be Buildable
(square feet)
| |
|---|---|---|
|
R-4A
|
50,000
| |
|
R-2A
|
40,000
| |
|
R-1A
|
35,000
| |
|
R-1/2A
|
20,000
| |
|
R-1/4A
|
10,000
| |
|
R-2F-10
|
9,300
| |
|
R-2F-7.5
|
7,125
| |
|
R-MF
|
No regulation
|
(d)
The principal building and sewage disposal system (not including
centralized sewer systems) shall be constructed in the contiguous
buildable area.
F.
Condominium lots in the R-MF Multifamily Residence District. For any lot created by subdivision in the R-MF Multifamily Residence District pursuant to § 220-26I (a "condominium lot"), so long as the approved site development plan pursuant to which such condominium lot was created (or any extension, modification, amendment, reapproval or regrant thereof) remains in effect, such condominium lot may be developed in accordance with such approved site development plan, notwithstanding that such condominium lot, standing alone or as improved pursuant to such site development plan, fails to comply with any lot shape, minimum lot size, maximum site coverage, maximum floor area ratio, frontage, yard and setback, other dimensional limitation, access or parking requirement, or lot or subdivision improvement requirement or standard provided in this § 220-10, in the R-MF Multifamily Residence District or otherwise in this chapter or in Chapter 195, Subdivision of Land. A condominium lot approved and created pursuant to § 220-26I shall, so long as it conforms to any such site development plan, be deemed a conforming lot in the R-MF Multifamily Residence District.
[Added 4-25-2011 by L.L. No. 3-2011]
[Amended 11-1-2004 by L.L. No. 3-2004]
No building permit shall be issued for the establishment of
any use or construction of any building or structure unless the lot
upon which such use is to be established or such building or structure
is to be built has a minimum frontage of 25 feet on a street which
has been suitably improved to the satisfaction of the Town Board or
Planning Board or for which a performance bond sufficient to cover
the full cost of such improvement has been furnished to the Town.
Each lot must be shown to be capable of providing access to a street
and access for emergency vehicles between the frontage and any existing
or proposed principal building and/or principal use on said lot. No
portion of a lot located between the required street frontage and
the site of a principal building and/or principal use shall have a
width of less than 25 feet measured along a line perpendicular to
the center line of the accessway. Any appeal application to the Zoning
Board of Appeals requesting an area variance for street frontage as
required herein and/or as set forth in § 280-a of New York
State Town Law shall be referred to the Town Board and Planning Board
for review and recommendation prior to the rendering of a decision
on said application. A minimum of 30 days shall be provided for said
reviews.
A.
No part of a yard or other open space provided about any building
or on any lot for the purpose of complying with the provisions of
this chapter shall be included as any part of the yard or open space
for any other building or any other lot.
B.
Obstructions in yards. No buildings or structures or any projection
from buildings or structures shall be permitted in a required yard,
except as follows:
[Amended 9-10-2003 by L.L. No. 7-2003]
(1)
Architectural features such as windowsills, door frames, chimneys,
eaves or cantilevered roofs may project up to three feet into any
required yard, provided that such architectural features shall not
occupy more than 25% of the area of the wall from which they project.
(2)
Paved open terraces shall be considered in the determination of lot
coverage for all permitted residential and nonresidential land uses
and shall not be permitted to project to a point closer than the minimum
required setback distance from any property line for all permitted
residential and nonresidential land uses.
(3)
No porches or balconies may project into any required yard area.
C.
Corner lots. On a corner lot, there shall be provided a side yard
on a side street equal in depth to the required front yard.
D.
Exception for existing alignment of buildings. If, on one side of
the street within 250 feet of any lot, there is pronounced uniformity
of alignment of the fronts of existing buildings and of depths of
front yards less than the required minimum depths specified in this
chapter, the Zoning Board of Appeals may permit a reduction in the
front yard setback requirement, provided that the spirit and intent
of this chapter is met and that the setback shall conform as nearly
as practicable to those existing on neighboring lots.
E.
Walls or fences in required yard areas.
[Amended 9-10-2003 by L.L. No. 7-2003]
(1)
Walls or fences shall not exceed six feet in height measured from
adjacent ground level to the top of such wall, fence or combination
thereof, except that in R-1/2A District or less restrictive residential
districts, walls or fences shall not exceed four feet in height.
(2)
Walls or fences that are between four feet and six feet in height,
are located along a street line and are constructed of either chain
link or have a surface area that is more than 25% opaque within any
five-foot horizontal section shall be subject to the following limitations:
(a)
A minimum setback of five feet from any street line for fences
under 25 feet in overall length, and a minimum setback of 10 feet
for fences 25 feet or over in overall length. In no case shall any
fence be located less than 30 feet from the street center line.
(b)
Limited in total length along any one street of any one lot
to 100 feet.
(c)
Located no closer than 15 feet to any side lot line or, on a
corner lot, located no closer than 15 feet to the intersecting street
line.
(d)
All fences 25 feet or over in overall length shall include landscaping
between the fence and the street line along the length of the fence.
Said landscaping shall include one ornamental tree planting for every
25 feet of fence length. Further landscaping is encouraged.
(3)
Barbed-wire fences, razor fences and other fences constructed of
sharp materials are prohibited in the Town of Lewisboro.
(4)
The finished quality on the side of all walls and/or fences shall
face outward from the premises towards the adjacent street or neighboring
property.
F.
Street sight distance.
(1)
No fence, wall or planting shall be erected or placed on a lot so
as to obstruct a clear line of sight for traffic on a public street.
(2)
On a corner lot, no fence, wall or planting shall be erected, placed
or maintained within a corner of a lot so as to obstruct a clear line
of sight for traffic within the pavement and a straight line between
two points, each 75 feet back from the theoretical intersection of
the nearest edges of pavement prolonged. "Line of sight" is defined
as observer's eye being four feet above the grade of the pavement
edge and the object being one foot above the grade of the pavement
edge.
(3)
This provision shall not apply to existing trees, provided that no
branches are closer than eight feet to the ground.
G.
Solar panels.
[Added 9-10-2003 by L.L. No. 7-2003]
(1)
Solar panels exceeding two square feet in area are not permitted
in any front yard, on any face of a building or structure facing a
street unless integrated with the ordinary construction of said building
or structure, and/or in view of any adjacent street, except roof-mounted
solar panels as set forth below.
(3)
Roof-mounted solar panels:
(a)
Permitted roof-mounted solar panels shall include integrated
solar panels as the surface layer of the roof structure with no additional
apparent change in relief or projection (the preferred installation),
or separate flush-mounted solar panels attached to the roof surface.
(b)
Separate flush-mounted solar panels shall be located on a rear-
or side-facing roof, as viewed from any adjacent street, unless such
installation is proven to be ineffective or impossible. The removal
of potential obstructions such as interceding vegetation shall not
be sufficient cause for permitting a front-facing roof installation.
(c)
Separate flush-mounted solar panels installed on a building
or structure with a sloped roof surface shall not project vertically
above the peak of the roof to which it is attached, or project vertically
more than five feet above a flat roof installation.
[Amended 9-10-2003 by L.L. No. 7-2003]
The maximum building height limitations of this chapter shall
not apply to church spires and belfries in any case, nor to flagpoles,
domes, chimneys, ventilators, skylights or tanks or to similar features
and such necessary mechanical appurtenances not used for human occupancy,
provided that:
A.
All lighting in connection with all structures and uses shall be
directed away from nearby streets and properties and shall not cause
any objectionable glare observable from such street and properties.
Compliance with the following standards shall be required:
[Amended 2-23-1993 by L.L. No. 5-1993]
(1)
Exterior lights shall be placed or shielded so that no direct light
source (i.e., bulb, lamp, tube) shall be visible at any property line
at a height of more than four feet above grade.
(2)
In nonresidential districts, in R-MF Multifamily Residence Districts
and on lots occupied by a nonresidential special permit use, exterior
lights shall be mounted not more than 14 feet above adjacent finished
grade or floor level. "Mounting height" is defined as the distance
between the adjacent finished grade or floor level and the bottom
of the luminaire (the light unit). The vertical dimension of a luminaire
shall not exceed 36 inches.
B.
The Town of Lewisboro shall be exempt from these provisions.
A.
Landscaping required. All portions of properties containing a multifamily use or a nonresidential use not used for structures, off-street parking and loading areas, sidewalks or similar purposes shall be left in a natural state or landscaped and maintained to minimize erosion and stormwater runoff and to blend such uses with the neighborhood and enhance the character of the Town as a whole. No plantings shall be placed or maintained so as to conflict with the street intersection line of sight requirements specified in § 220-12F.
B.
Buffer areas required. All properties containing a multifamily use
or a nonresidential use shall have buffer areas which comply with
the following minimum standards:
(1)
Buffer areas shall be 30 feet wide along all property lines that
abut land in a residence district or are across a street from land
in a residence district, unless another section of this chapter requires
a greater width.
(2)
Buffer areas shall be 15 feet wide along all property lines that
abut land in a nonresidence district and 20 feet wide along all property
lines that are across a street from land in a nonresidence district,
unless another section of this chapter requires a greater width.
(3)
Buffer areas shall be within the property lines of the subject lot.
(4)
Buffer areas shall remain in their natural state with no construction,
grade alteration or clearing permitted, except as may be approved
by the Planning Board to meet site access, drainage, recreation or
landscaping requirements.
(5)
Planting shall be provided within buffer areas of such type, height,
spacing and arrangement as, in the judgment of the Planning Board,
will establish effective screening.
(6)
A wall, fence or berm of location, height, design and materials approved
by the Planning Board may be substituted for part or all of the required
planting.
(7)
The Planning Board, in its discretion, may modify or waive both planting
and buffer area requirements, particularly where property lines abut
lots in nonresidence districts and where existing topography, landscaping
or land use makes unnecessary these requirements.
C.
Maintenance required.
(1)
All plantings required by provisions of this chapter shall be of
nursery stock, be robust when planted and be maintained in a vigorous
growing condition, free of debris and litter. Plants not so maintained
shall be replaced with new plants no later than the beginning of the
next growing season.
(2)
All fences and other screening materials required by provisions of
this chapter shall be maintained or replaced to the same quality required
of said items at the time of initial installation.
(3)
In the event that maintenance or replacement is not conducted in
accordance with these provisions, the Building Inspector shall give
written notice of noncompliance to the owner of record of such property.
The notice shall order compliance within 30 days. If the property
remains in noncompliance at the end of 30 days, the Highway Department,
upon direction of the Town Board, shall be authorized to make such
maintenance or replacement. The Town Board may authorize additional
time to comply with the above requirements to coincide with the planting
season.
(4)
The Town Board may provide for the assessment of all costs and expenses incurred by the Town in connection with any action taken as provided in Subsection C(3) against a property found to be in noncompliance after the thirty-day notice. The costs and expenses so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property.
[Added 5-19-1998 by L.L. No. 4-1998]
A.
This section shall apply to any restaurant located in any zoning district, notwithstanding any inconsistent provisions of § 220-9 of this chapter, excluding fast-food restaurant establishments as defined in this chapter.
[Amended 12-10-2007 by L.L. No. 4-2007]
B.
An application for site development plan approval as set forth in Article VI herein shall be required for all proposals for, or amendments and alterations to, seasonal outdoor restaurant seating facilities.
C.
The purpose and intent of this section is to permit and regulate
limited, seasonal outdoor restaurant seating, as an accessory use,
in conjunction with and adjacent to a principal building containing
a restaurant, provided that such seasonal outdoor restaurant seating
is designed, utilized and maintained in a manner which protects and
enhances the rural character of the community. Any such seasonal outdoor
restaurant seating facility shall be operated by the related restaurant,
shall be required to have all food and beverages prepared inside the
related restaurant and shall be adequately screened and buffered to
protect adjacent properties. Seasonal outdoor restaurant seating shall
be utilized solely for the consumption of food and beverages prepared,
served or sold by the related restaurant.
D.
Location. Seasonal outdoor restaurant seating shall be permitted
only in conjunction with a principal building containing a restaurant
of the same ownership and operation. Areas devoted to seasonal outdoor
restaurant seating shall be located directly adjacent to the principal
building on a stable base, such as a constructed deck, porch, terrace
or patio area. Said area shall be designed in compliance with the
requirements of the Americans with Disabilities Act and shall provide
direct access to the related restaurant.
E.
Prohibited locations. All seasonal outdoor restaurant seating facilities
shall be prohibited in the following site areas:
(1)
Parking areas.
(2)
Designated walkways. (For the purpose of this section, designated
walkways shall include those areas of walkways and/or sidewalks which
serve as the pedestrian access to buildings and structures or other
site uses, such as parking areas and adjacent streets; clear walkway
access must be provided and maintained.)
(3)
Minimum landscape buffer areas, pursuant to the requirements of the
underlying zoning district.
(4)
Minimum yard areas, pursuant to the requirements of the underlying
zoning district.
F.
Maximum area. Seasonal outdoor restaurant seating facilities shall
be limited to a maximum outdoor floor area equal to or less than 25%
of the total gross floor area of the inside restaurant seating area.
G.
Screening and buffering. All facilities relating to seasonal outdoor
restaurant seating shall be adequately screened from adjacent properties
and streets, utilizing decorative fencing, stone walls, a mixture
of evergreen and deciduous landscaping, building and structures, or
a combination thereof.
H.
Lighting. All lights relating to seasonal outdoor restaurant seating
shall be minimized and designed to match existing facilities and the
surrounding neighborhood character. Lighting shall be directed downward
and inward to the site, so that the light source is not visible from
an adjacent property. Shields shall be utilized on light fixtures
to control and direct the illumination pattern of said light fixtures,
to prevent spillage of light emissions across property lines.
I.
Sound systems prohibited: Sound amplification and public address
systems and equipment shall be prohibited. Areas approved for seasonal
outdoor restaurant seating shall not be utilized for live performances
or recorded audio transmissions.
J.
Provision of seasonal outdoor restaurant seating shall not increase
the approved seating capacity for the restaurant.
K.
Permissible hours of operation and use of permitted seasonal outdoor
restaurant seating facilities shall be 8:00 a.m. to 10:00 p.m. daily.
L.
Notwithstanding
the above, outdoor restaurant seating shall be permitted through to
December 31, 2022, in accordance with the following:
[Added 4-26-2021 by L.L. No. 4-2021; amended 10-25-2021 by L.L. No.
10-2021]
(1)
The provisions of § 220-16B are suspended in that a full site plan shall not be required for outdoor restaurant seating. The Planning Board shall provide for an expedited review of outdoor dining applications without a public hearing and shall accept a sketch plan or other design drawing deemed acceptable by the Planning Board to sufficiently describe the area to be used tor outdoor dining.
(2)
The provisions of § 220-16E(1), (3) and (4) are suspended in order to allow parking areas to be used for outdoor restaurant seating to the extent same may be set up in a safe area away from the flow of traffic, and to suspend the landscape buffer and minimum yard area requirements set forth therein.
(3)
The provisions of § 220-16G are suspended to allow outdoor restaurant seating without required screening and buffering. However, the Planning Board may require sufficient screening or buffering that it may deem appropriate for each seating area.
(4)
Any such outdoor restaurant seating that is approved pursuant to
this section shall remain in compliance with all Westchester County
Department of Health and New York State codes, rules, regulations
and guidelines.
In order to achieve greater safety and improved appearance,
all water, sewer and gas facilities and all electric, telephone and
other wires and equipment for providing power and/or communication
shall be installed underground in the manner prescribed by regulations
of the state, local and/or utility company having jurisdiction. Where
compliance with this section will result in undue hardship because
of the design and location of existing facilities, the Planning Board
and the Building Inspector may waive this requirement in site plan
review and issuance of a building permit.
A.
All buildings, structures and property shall be provided with unobstructed
access for fire-fighting and emergency service personnel, apparatus
and equipment. Premises which are not readily accessible from public
roads and which the fire department or an emergency service may be
called upon to protect in case of fire shall be provided with access
roads or fire lanes so that all buildings on the premises are accessible
to the fire department and emergency service apparatus.
B.
The determination of adequate emergency fire access shall be made
by the Planning Board during site plan review for new construction
or by the Building Inspector before the issuance of a building permit.
The Planning Board and Building Inspector shall seek the recommendations
of appropriate fire district officials before determining adequate
emergency fire access.
C.
Designated access roads and fire lanes shall be adequately maintained
and kept free and clear of obstructions at all times by the property
owner.
Trailers and portable sanitary facilities, whether supported
on wheels, a foundation or otherwise, shall not be used as a part
of any principal or accessory use, except as temporary facilities
in connection with and only during the course of construction, and
except as it may otherwise be specifically permitted by the provision
of these regulations. Temporary permits for trailers and portable
sanitary facilities accessory to a construction project may be issued
by the Building Inspector for a period not exceeding six months, but
may be renewed, for successive periods of not more than three months
each, at his discretion, if work on said construction is diligently
progressing but not yet completed.
Storage of household equipment and building materials, except
in connection with a valid building permit, more than one unlicensed
motor vehicle or parts of motor vehicles unless in connection with
a permitted automobile business, machinery, except in connection with
existing construction or farm uses, and accumulation of waste material
or trash is prohibited unless stored in a fully enclosed building.
[Amended 11-1-2004 by L.L. No. 3-2004]
A.
Alteration of wetlands and watercourses.
(1)
Pursuant
to the policy and findings set forth in the Town of Lewisboro Wetlands
and Watercourses Law,[1] in any district, there shall be no alteration, whether
by excavation, filling, grading, clearing, draining or otherwise,
and whether or not incidental to activities otherwise permitted, of
wetlands or watercourses, or any area within 150 feet adjacent to
said wetlands or watercourses, as defined by the Town of Lewisboro
Wetlands and Watercourses Law, without compliance with the Town of
Lewisboro Wetlands and Watercourses Law.
(2)
It is intended that, except where it is determined by the approving
authority, as defined by the Town of Lewisboro Wetlands and Watercourses
Law, to be in accordance with the policies and provisions of said
law, no paved area and no structures shall be constructed nor topsoil
or vegetation disturbed within 150 feet of any wetland or watercourse.
B.
Hilltops, ridgelines and steep slopes.
(1)
In general, it is the purpose of this chapter to preserve all hilltops,
ridgelines and steep slopes, and toward this end, wherever possible,
new construction shall avoid such areas, and the existing vegetation
in such areas shall not be disturbed.
(2)
The Town Board, Planning Board, the Zoning Board of Appeals and the
Building Inspector shall take this objective into consideration in
reviewing and acting on any plans submitted pursuant to the provisions
of this chapter.
(3)
For purposes of this chapter, steep slopes shall be considered to
be those areas with slopes of and greater than 15%.
The Town finds that, due to the proximity of the Westchester
County Airport and the Danbury Airport, the landing of aircraft in
the Town is not required to serve the transportation needs of Town
residents. Therefore, no landings or takeoffs of any aircraft, except
emergency aircraft for emergency purposes, and no airfields are permitted
in any zoning district.
[Added 12-18-2007 by L.L. No. 6-2007]
All plans and improvements pertaining to stormwater management
and erosion and sediment control as may be required by the provisions
of this chapter shall be designed and constructed in accordance with
the requirements, standards and performance and design criteria as
set forth in the Lewisboro Stormwater Management and Erosion and Sediment
Law, as may be amended from time to time.[1]
