A.
Permitted principal uses in R-4A, R-2A, R-1A, R-1/2A and R-1/4A Districts
are as follows:
(1)
One-family detached dwellings, not to exceed one dwelling on each
lot.
(2)
Public schools.
(3)
Town of Lewisboro municipal uses.
(4)
*Ranching, and the raising of field and garden crops, provided that:
(a)
No storage of manure or any other odor- or dust-producing substance
shall be permitted within 150 feet of a street, property line, watercourse
or wetlands area.
(b)
No retail sales shall be permitted on the premises except as provided in Subsection A(10) below.
(c)
Not less than two acres of land is available for the first animal
and one acre for each additional animal.
(d)
All animal feed is stored in rodentproof containers.
(5)
*Landfilling, regrading and removal of earth material, subject to
Town Board rather than Board of Appeals approval.
(6)
*Places of worship or religious instruction, including parish houses.
[Amended 2-11-1992 by L.L. No. 1-1992; 11-28-1995 by L.L. No.
6-1995; 7-29-2013 by L.L. No. 7-2013]
(7)
*Hospitals, nursing homes and eleemosynary institutions.
(8)
*Private kennels.
(9)
*Temporary storage of contractors' equipment.
(10)
*Temporary stands for the sale and display of field and garden
crops grown on the premises.
(11)
*Public utilities, except a communication facility as defined
in this chapter.
[Amended 2-17-1998 by L.L. No. 1-1998]
(12)
*Professional offices (to be permitted only in the R-2A, R-1A, R-1/2A and R-1/4A Districts). See also § 220-43.1 for additional requirements.
[Added 8-13-1991]
(13)
Child day care, provided that child day care shall at all times
comply with any applicable New York State laws and regulations. All
child day-care centers, group family day-care homes, family day-care
homes and school-age child-care programs shall register with and furnish
proof of current New York State approval to the Building Department
of the Town of Lewisboro.
[Added 11-28-1995 by L.L. No. 6-1995]
(14)
*Communication facility, communication tower, antenna tower or monopole, as further regulated in § 220-41.1 of this chapter.
[Added 2-17-1998 by L.L. No. 1-1998]
(15)
*Private nature preserves.
[Added 3-19-2009 by L.L. No. 2-2009]
(16)
Riding academies.
[Added 7-29-2013 by L.L. No. 7-2013; amended 11-7-2013 by L.L. No. 10-2013]
(17)
*Private schools, colleges, public libraries, museums and art
galleries.
[Added 7-29-2013 by L.L. No. 7-2013]
(18)
*Bed-and-breakfast establishments.
[Added 6-15-2015 by L.L.
No. 3-2015]
(19)
*Educational use.
[Added 6-11-2018 by L.L.
No. 6-2018]
B.
Permitted principal uses in R-2F-10 and R-2F-7.5 Districts are as
follows:
(1)
Any uses permitted in one-family residence districts, as regulated
therein.
(2)
Two-family dwellings.
(3)
Any special permit use permitted in a one-family residence district
as regulated therein.
(4)
*Multifamily dwellings up to a maximum of four units (to be permitted only in the R-2F-7.5 District). See also § 220-43.8 for additional requirements.
[Added 10-28-2019 by L.L.
No. 10-2019]
|
NOTE: * Indicates use is subject to special permit approval as set forth in Article V and must conform to any additional requirements in connection with such approval.
|
D.
Permitted accessory uses. Uses or structures customarily incidental
to any permitted principal use are permitted, provided that such accessory
use shall not include any activity commonly conducted for gain, except
as hereinafter excepted, or any private way or walk giving access
to such activity. Permitted accessory uses are as follows:
(1)
Professional office, studio or home occupation, provided that:
(a)
Such office or occupation is incidental to the residential use
of the premises.
(b)
Not more than two nonresident employees, associates or assistants
are employed on the premises.
(c)
The area in which such occupation is carried on does not exceed
30% of the total floor area of the residence building, or the area
in which such occupation is carried on does not exceed 500 square
feet in gross floor area of an accessory building; but in no event
shall such occupation be carried on in both the residence building
and an accessory building.
(d)
No display of goods or signs or other evidence of such occupation is evident outside the building in which it is located, except permitted signs in accordance with Chapter 185, Signs.
[Amended 2-23-1993 by L.L. No. 5-1993]
(e)
Parking areas and access drives should be located, designed
or screened so as to minimize disturbances to adjoining properties
and shall be subject to site plan review for such purposes.
(2)
Off-street parking facilities for the use of residents of the premises and their guests, in accordance with Article VII herein.
(4)
Storage of a trailer, boat, camper, motor home or similar recreational
vehicle for the use of residents of the premises, provided that said
recreational vehicle is stored in a fully enclosed structure or otherwise
screened from adjoining property.
(5)
Swimming pools or other accessory recreational facilities for the
use of the residents of the premises and their guests, provided that
such pools or other facilities shall not be located in any required
yard or setback area.
(6)
Garden house, pool house, playhouse or greenhouse incidental to the
residential use of the premises and not operated for profit, provided
that any such structure complies with all yard and setback requirements
for buildings.
(7)
The keeping of not more than a total of five dogs and/or cats, or
combination thereof, over six months of age.
(8)
The keeping of riding horses, for the use of residents and their
guests, and/or farm animals and poultry, provided that:
(a)
Not less than two acres of land is available for the first animal
and one acre for each additional animal. The land available to meet
this requirement must be contiguous to the property where the animals
are housed.
(b)
The maximum number of poultry shall be five per acre.
(c)
All animal feed is stored in rodentproof containers.
(d)
No storage of manure shall be within 150 feet of a street, property
line, watercourse or wetlands area.
(9)
The renting of rooms to not more than two persons not members of
the resident family, provided that:
(10)
Antennas and satellite dish antennas, except as excluded pursuant to the definition of "structure" in § 220-2 of this chapter, which receive and/or transmit and are less than one meter in maximum diameter in a residential district or less than two meters in maximum diameter in a nonresidential district; and in the case of transmitting antenna, that do not produce or contribute to the production of emission levels exceeding the emission standard recommended by the FCC, from time to time, based on the maximum equipment output. Such accessory uses shall be subject to the locational siting requirements set forth in § 220-41.1C of this chapter. A satellite dish antenna greater than one meter in maximum diameter in a residential district or greater than two meters in maximum diameter in a nonresidential district shall be prohibited.
[Amended 2-17-1998 by L.L. No. 1-1998]
(11)
An accessory building containing up to 600 square feet in total
floor area may be approved after the principal building has been built
or coincident with the construction of the principal building.
[Amended 4-6-1999 by L.L. No. 3-1999; 9-12-2016 by L.L. No. 6-2016]
(12)
Accessory apartments, subject to § 220-40 of this chapter.
[Amended 9-12-2016 by L.L. No. 6-2016]
(13)
Accessory residence dwelling, subject to § 220-40.1 of this chapter.
[Added 4-6-1999 by L.L. No. 3-1999; amended 9-12-2016 by L.L. No. 6-2016]
(14)
Solar panels.
[Added 9-10-2003 by L.L. No. 7-2003]
E.
Dimensional and bulk regulations.[1]
[1]
Editor's Note: The Schedule of Dimensional and Bulk Regulations for Residential Districts is included as an attachment to this chapter.
A.
Permitted uses in CC-20 Districts.
(1)
Permitted principal uses. All uses must be conducted from fully enclosed
structures, except as may be otherwise expressly provided in this
chapter. Permitted principal uses are as follows:
[Amended 6-15-2015 by L.L. No. 3-2015; 7-13-2015 by L.L. No. 7-2015]
(a)
Any principal use, including special permit uses, permitted
in the R-4A District as regulated therein.
(c)
Separate dwelling unit or units on floors above any permitted
principal nonresidential use if separated by unpierced fire walls
and ceilings and provided with an exterior entrance separate from
the nonresidential use.
(d)
Office buildings for business, governmental or professional
use.
(e)
*Research laboratories.
(2)
Permitted accessory uses are as follows:
(c)
Storage and maintenance of motor vehicles and similar equipment
incidental to the permitted principal use within fully enclosed buildings.
As part of site development plan review, the Planning Board may approve
unenclosed storage locations subject to the implementation to the
satisfaction of the Board of screening and protection measures.
(d)
Central utility services accessory to the permitted principal
use.
(e)
Recreational facilities for the use of employees and guests,
provided that such facilities shall be planned as a clearly subordinate
and integral part of the development of the permitted principal use.
(f)
Facilities for the furnishing of food and personal convenience
items to employees and business visitors, provided that such facilities
are not open to the general public and are located within a building
with no external evidence (i.e., business sign, show window, separate
entrance).
(g)
Training programs which are clearly subordinate and incidental
to the permitted principal use.
(h)
Lodgings for the temporary accommodation of employees, visitors
or caretakers of the permitted principal use, provided that the gross
floor area dedicated to such use does not exceed 5% of the gross floor
area on the lot.
(i)
Accessory retail use, provided that the floor area dedicated
to such use does not exceed 2% of the gross floor area on the lot,
but in no event greater than 1,000 square feet, and provided that
products offered for sale are limited to finished goods manufactured
on the same lot.
(j)
Any other accessory use determined by the Planning Board to
be customarily incidental to a permitted principal use.
(k)
Any accessory use permitted in the R-4A District as regulated
therein.
B.
Permitted uses in SU Districts.
(1)
Permitted principal uses. All uses must be conducted from fully enclosed
structures except as may be otherwise expressly provided in this chapter
or as may be approved by the Planning Board as part of site development
plan review. Permitted principal uses are as follows:
[Amended 2-17-1998 by L.L. No. 1-1998; 6-15-2015 by L.L. No. 3-2015; 7-13-2015 by L.L. No. 7-2015]
(a)
Any principal use, including special permit uses, permitted
in the R-4A District as regulated therein.
(c)
Any facility required for transmission, treatment or temporary
storage of electricity, gas, water, sewage, steam, refuse, cable television,
telephone service and telegraph service, except a communication facility
as defined in this chapter. Such facilities shall include but not
be limited to electric transformers, pumping stations and reservoir
structures.
C.
Permitted uses in RB Districts.
[Amended 2-23-1993 by L.L. No. 5-1993; 11-28-1995 by L.L. No.
6-1995; 4-21-1998 by L.L. No. 3-1998; 5-19-1998 by L.L. No.
4-1998; 12-10-2007 by L.L. No. 4-2007]
(1)
Permitted principal uses. All uses must be conducted from fully enclosed
structures, except as may be otherwise expressly provided in this
chapter. Permitted principal uses are as follows:
[Amended 6-15-2015 by L.L. No. 3-2015; 7-13-2015 by L.L. No. 7-2015]
(a)
Stores and shops for the conduct of retail businesses, but excluding
automobile service.
(c)
Full-service restaurants and taverns, excluding fast-food restaurant
establishments and outdoor counter, drive-in or curb service.
(d)
Limited-service carry-out restaurants including 10 or fewer
seats.
(e)
*Limited-service carry-out restaurants including more than 10
seats.
(f)
Grocery stores, food markets, health-food stores and supermarkets.
(g)
Personal service businesses, such as but not limited to hairdressers,
shoemakers and tailors, serving the public directly.
(h)
Professional, banking, governmental and business offices.
(i)
Indoor recreation facilities.
(j)
Separate dwelling unit or units on floors above any permitted
principal nonresidential use if separated by unpierced fire walls
and ceilings and provided with an exterior entrance separate from
the nonresidential use.
(k)
Any principal use, including special permit uses, permitted
in the R-2F-10 District as regulated herein.
(l)
*Laundry, dry-cleaning, furniture stripping/refinishing and
photo/printing processing establishments.
(m)
*Gasoline service stations.
(n)
Child day care provided that child day care shall at all times
comply with any applicable New York State laws and regulations. All
child day-care centers, group family day-care homes, family day-care
homes and school-age child-care programs shall register with and furnish
proof of current New York State approval to the Building Department
of the Town of Lewisboro.
(2)
Permitted accessory uses are as follows:
(c)
Any other accessory use determined by the Planning Board to
be customarily incidental to a permitted principal use.
(d)
Outdoor storage or display of articles, materials or equipment when completely enclosed within a wall or fence of such material, construction and height so as to screen said articles, materials or equipment completely from the outside thereof. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish such purpose, shall be specified by the Planning Board as part of site development plan approval procedures as provided in Article VI. The use of trailers is not permitted.
(e)
Any accessory use permitted in the R-2F-10 District as regulated
therein.
D.
Permitted uses in GB Districts.
(1)
Permitted principal uses. All uses must be conducted from fully enclosed
structures, except as may be otherwise expressly provided in this
chapter. Permitted principal uses are as follows:
[Amended 6-15-2015 by L.L. No. 3-2015; 7-13-2015 by L.L. No. 7-2015]
(a)
Any principal use, including special use permit uses, permitted
in the RB District as regulated therein.
(c)
Sales and service agencies for motor vehicles, provided that
any outdoor storage or display of vehicles offered or intended for
sale complies with the requirements for accessory outdoor storage
or display. Overnight outdoor storage of vehicles awaiting servicing
shall be limited to the number of parking spaces designated for such
use on an approved site development plan.
(d)
Landscape nurseries.
(e)
Storage and sale of building materials, provided that any outdoor
storage or display complies with the requirements for accessory outdoor
storage or display.
(f)
*Commercial kennels.
(g)
*Fast-food establishments.
E.
Dimensional and bulk regulations.[1]
[1]
Editor's Note: The Schedule of Dimensional and Bulk Regulations for Nonresidential Districts is included as an attachment to this chapter.
In order to promote regular lot configurations, to protect surrounding
properties from the potential intrusive impact of principal buildings
located in the interior of blocks and to implement the land use density
recommendations of the Town Development Plan, the following special
regulations are established:
A.
Lot shape. Each new lot created by subdivision shall be shown to
be able to wholly contain within its boundaries a circle with a diameter
equal to the required minimum lot width for the district in which
it is located.
B.
If the lot depth of any new lot created by subdivision exceeds the
base lot depth listed in the following table for the district in which
it is located, the required minimum lot area applicable for such lot
shall be increased by a factor defined as the quotient arrived at
by dividing the actual lot depth by the base lot depth in feet.
[Amended 11-26-1991 by L.L. No. 1-1991]
|
District
|
Base Lot Depth
(feet)
| |
|---|---|---|
|
R-4A
|
700
| |
|
R-2A
|
450
| |
|
R-1A
|
300
| |
|
R-1/2A
|
225
| |
|
R-1/4
|
150
| |
|
R-2F-10
|
150
| |
|
R-2F-7.5
|
125
|
[Added 12-10-2018 by L.L.
No. 13-2018]
A.
Required affordable AFFH dwelling units.
(1)
Within all residential developments of 10 or more dwelling units
created by subdivision or site plan, no less than 10% of the total
number of units must be created as affordable AFFH units. In residential
developments of five to nine units, at least one affordable unit shall
be created.
(2)
No preferences shall be utilized to prioritize the selection
of income-eligible tenants or purchasers for affordable AFFH dwelling
units created under this section.
(3)
Notwithstanding the above, all such affordable AFFH dwelling
units, whether for purchase or for rent, shall be marketed in accordance
with the Westchester County Fair and Affordable Housing Affirmative
Marketing Plan.
(4)
This section shall not apply to any development of dwelling units constructed prior to the enactment of this section, or to any development of dwelling units to be constructed which has received a negative declaration of environmental consequence prior to the enactment hereof. Previously approved middle-income dwelling units shall continue to comply with § 220-26F of this chapter.
B.
Time period of affordability and property restriction. Dwelling units
designated as affordable AFFH dwelling units must remain affordable
for a minimum of 50 years from the date of initial certificate of
occupancy for rental properties, or of original sale for ownership
units. A property containing any affordable AFFH dwelling units must
be restricted using a mechanism such as a declaration of restrictive
covenants in recordable form acceptable to the Town Attorney, which
shall ensure that the affordable AFFH dwelling unit shall remain subject
to the affordable regulations for the minimum fifty-year period of
affordability. Among other provisions, the covenant shall require
that the affordable AFFH dwelling unit be the primary residence of
the resident household selected to occupy the unit. Upon approval,
such declaration shall be recorded against the property containing
the affordable AFFH dwelling prior to the issuance of a certificate
of occupancy for the development.
C.
Eligibility. Such affordable AFFH dwelling units shall be available for sale, resale or continuing rental only to income-eligible families for AFFH dwelling units as defined in § 220-2 of this chapter.
D.
Unit appearance and integration.
(1)
Within one-family dwelling developments, the affordable AFFH
dwelling units may be one-family dwellings or may be incorporated
into one or more two-family dwellings. Each one-family affordable
AFFH dwelling unit may be located on a lot meeting 75% of the minimum
lot area for the one-family dwellings in the development.
(2)
Each two-family affordable AFFH dwelling and each multifamily
affordable AFFH dwelling unit shall be located on a lot meeting the
minimum lot area for the one-family dwellings in the development.
All such affordable AFFH units shall be as indistinguishable as possible
in appearance from the other one-family dwellings in a development.
Interior finishes and furnishings may be reduced in quality and cost
to assist in the lowering of the cost of development of the affordable
AFFH dwelling units.
(3)
Within multifamily developments, affordable AFFH dwelling units
shall be physically integrated into the design of the development,
subject to review by the Planning Board, and shall be distributed
among efficiency, one-, two-, three- and four-bedroom units in the
same proportion as all other units in the development. Interior finishes
and furnishings may be reduced in quality and cost to assist in the
lowering of the cost of development of the affordable AFFH dwelling
units.
E.
Minimum floor area.
(1)
The minimum gross floor area per affordable AFFH dwelling unit
shall not be less than the following:
|
Dwelling Unit
|
Minimum Gross Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
450
|
|
1-bedroom
|
675
|
|
2-bedroom
|
750
|
|
3-bedroom
|
1,000 (including at least 1.5 baths)
|
|
4-bedroom
|
1,200 (including at least 1.5 baths)
|
(2)
For purposes of this section, the Planning Board may allow paved
terraces or balconies to be counted toward the minimum gross floor
area requirements in an amount not to exceed 1/3 of the square footage
of such terraces or balconies.
F.
Occupancy standards. For the sale or rental of affordable AFFH units,
the following occupancy schedule shall apply, subject to the New York
State Uniform Fire Prevention and Building Code requirements:
|
Number of Bedrooms
|
Number of Persons
|
|---|---|
|
Efficiency
|
Minimum: 1, Maximum: 1
|
|
1-bedroom
|
Minimum: 1, Maximum: 3
|
|
2-bedroom
|
Minimum: 2, Maximum: 5
|
|
3-bedroom
|
Minimum: 3, Maximum: 7
|
|
4-bedroom
|
Minimum: 4, Maximum: 9
|
G.
Affirmative marketing. The affordable dwelling units created under
the provisions of this section shall be sold or rented, and resold
and rerented during the required period of affordability, to only
qualifying income-eligible households. Such income-eligible household
shall be solicited in accordance with the requirements, policies and
protocols established in the Westchester County Fair and Affordable
Housing Affirmative Marketing Plan.
H.
Continued eligibility for occupancy of rental dwelling unit.
(1)
Applicants for rental units referred to in this section shall, if eligible and if selected for occupancy according to Subsection J of this § 220-25.1, sign leases for a term of not more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law. If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident may complete their current lease term and shall be offered a nonrestricted (AFFH) rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the affordable AFFH unit they occupy, but shall not be offered a renewal of the lease beyond the expiration of said term.
(2)
Notwithstanding the foregoing, renewal of a lease shall be subject
to the conditions of federal, state or county provisions that may
be imposed by the terms of the original development funding agreements
for the development or to the provisions of other applicable local
law.
I.
Resale requirements.
(1)
In the case of owner-occupied affordable AFFH dwelling units,
the title to said property shall be restricted so that, in the event
of any resale by the home buyer or any successor, the resale price
shall not exceed the then-maximum sales price for said unit, as determined
in this chapter, or the sum of:
(a)
The net purchase price (i.e., gross sales prices minus subsidies
paid for the unit by the selling owner), increased by the percentage
increase, if any, in the Consumer Price Index for Urban Wage Earners
and Clerical Workers in the New York-Northern New Jersey Area, as
published by the United States Bureau of Labor Statistics (the "Index")
on any date between a) the month that was two months earlier than
the date on which the seller acquired the unit; and b) the month that
is two months earlier than the month in which the seller contracts
to sell the unit. If the Bureau stops publishing this Index, and fails
to designate a successor index, the Town will designate a substitute
index; and
(b)
The cost of major capital improvements made by the seller of
the unit while said seller of the unit owned the unit as evidenced
by paid receipts depreciated on a straight-line basis over a fifteen-year
period from the date of completion, and such approval shall be requested
for said major capital improvement no later than the time the seller
of the unit desires to include it in the resale price.
(2)
Notwithstanding the foregoing, in no event shall the resale
price exceed an amount affordable to a household at 80% of AMI at
the time of the resale.
J.
Administration. The administration of the compliance and eligibility
related to the rental, sales, marketing and monitoring of such AFFH
dwelling units shall be performed by the County of Westchester, or
an organization or agency designated by the county.
K.
Expedited review process.
(1)
Preapplication meeting: The applicant for a development of affordable
AFFH units shall be entitled to at least one preapplication meeting
at which representatives will be in attendance from each municipal
agency, board, commission and staff expected to play a role in the
approval and review of the development application review process.
The purpose of the preapplication meeting will be to expedite the
development application review process through:
(2)
Meeting schedule and timeline: Municipal departments, agencies,
authorities, boards, commissions, councils, committees and staff shall
endeavor to honor the proposed meeting schedule and conceptual timeline
established as an outcome of the preapplication to the greatest extent
possible during the review and approval process, subject to the demonstrated
cooperation of the applicant to adhere to same. Should the approval
process extend beyond one year, an applicant for a development including
affordable AFFH units shall be entitled to at least one additional
meeting per year with the same departments, agencies, authorities,
boards, commissions, councils, or committees to review any and all
items discussed at previous preapplication meetings.
(3)
Calendar/agenda priority: Municipal departments, agencies, authorities,
boards, commissions, councils, or committees with review or approval
authority over applications for developments including affordable
AFFH units shall give priority to such applications by placing applications
for developments including affordable AFFH units first on all meeting
and work session calendars and agendas and when feasible based on
the ability to conduct required reviews and public notice, with the
intent of shortening minimum advance submission deadlines to the extent
practicable.
L.
Incentives for creation of additional fair and affordable housing.
(1)
Density. The Planning Board may authorize an increase in permitted
density by not more than 50% if the applicant constructs at least
1/3 of the additional density units as affordable affirmatively furthering
fair housing (AFFH) units, as defined in this chapter. The Planning
Board shall base its determination of the appropriate number of additional
density units upon consideration of the location and environmental
suitability of the specific site and the proposed development design
to accommodate such an increased density.
(2)
Parking. In a development containing affordable affirmatively
furthering fair housing (AFFH) units, shared parking may be permitted
in order to reduce infrastructure costs. In such cases, the parking
requirements of the zoning district in which the development is proposed
may be accomplished by providing the total number of required parking
spaces throughout the development, rather than for each unit individually.
In an R-MF District, all such uses shall be subject to site plan approval in accordance with Article VI of this chapter. Multifamily dwellings are subject to the following requirements:
A.
Minimum site area. The lot upon which multifamily dwellings are to
be constructed shall have a gross lot area of not less than 15 acres,
except when located within the CC-20, SU, RB or GB zoning districts,
in which case the minimum gross lot area shall be five acres. When
the lot in question is located within and served by a public water
and sewer district of the Town of Lewisboro, the minimum gross lot
area shall be 15,000 square feet, regardless of the underlying zone.
[Amended 7-13-2015 by L.L. No. 7-2015]
B.
Development density.
(1)
The average gross density shall not exceed two density units per acre of net lot area. The area of any wetlands, water bodies, watercourses or steeply sloped land, as defined by § 220-21 of this chapter, shall first be identified and multiplied by a factor of 0.75. The resulting number shall then be deducted from the gross total lot area to yield the net total lot area to be used in calculating the maximum allowable development density.
[Amended 7-13-2015 by L.L. No. 7-2015]
(2)
The Planning Board may authorize an increase in permitted density
by not more than 50% if the applicant constructs at least 1/3 of the
additional density units as middle-income dwelling units and/or affordable
affirmatively furthering fair housing (AFFH) units, as defined in
this chapter. The Planning Board shall base its determination of the
appropriate number of additional density units upon consideration
of the location and environmental suitability of the specific site
and the proposed development design to accommodate such an increased
density.
[Amended 7-13-2015 by L.L. No. 7-2015]
(4)
The Planning Board shall be responsible for determining the number
of bedrooms in each dwelling unit in connection with its review of
site development plans.
(5)
The site plan for multifamily dwellings proposed to be constructed
on property immediately adjacent to land located in a single-family
residence district shall incorporate a density transition area. For
purposes of this subsection, the "density transition area" is defined
as land in an R-MF district, or a district in which multifamily dwellings
are a permitted use, located within a prescribed distance of the boundary
line between the R-MF district or other district in which multifamily
dwellings are a permitted use, and a single-family residence district
not located along a street right-of-way. The distance shall be equal
to the minimum lot width applicable in the adjacent single-family
residence district. Within such an area, the average gross development
density shall not exceed one density unit per acre of land area. The
Planning Board may modify this requirement if existing features or
land use reduce the need or substitute for the density transition
area.
[Amended 7-13-2015 by L.L. No. 7-2015]
C.
Water and sewage facilities.
(1)
Where, in the opinion of the Planning Board, connections to existing
facilities are possible and warranted, sanitary sewers and/or water
mains shall be connected to such existing facilities in the manner
prescribed by regulation of the appropriate sewer, water or fire district
or other agency having jurisdiction.
(2)
Where connection to existing off-site water or sewerage facilities
is not possible or not warranted, a central water supply and sewage
treatment system shall be designed and constructed to serve all dwelling
units in accordance with the standards and subject to the approval
of the Westchester County Department of Health and the New York State
Department of Environmental Conservation.
(3)
Where future service by off-site water and/or sewerage systems is
planned, all on-site water and sewer facilities shall be designed
and located in such a way as to readily permit their connection and/or
conversion to the off-site systems at such time as they are constructed.
D.
Open space and recreation area. With the exception of lots located
within the CC-20, SU, RB or GB zoning districts, at least 30% of the
gross lot area shall be preserved as permanent open space, free of
buildings and parking areas, and shall be landscaped or left in its
natural state in accordance with plans approved by the Planning Board.
[Amended 7-13-2015 by L.L. No. 7-2015]
(1)
Character. Such areas shall encompass land having meaningful ecological,
aesthetic and recreational characteristics, with access, shape, drainage,
location, topography and extent of improvements suitable, in the opinion
of the Planning Board, for the intended purposes.
(2)
Preservation. Permanent preservation of such areas shall be legally
assured, to the satisfaction of the Planning Board and the Town Attorney,
by the filing of appropriate covenants, deed restrictions, easements
or other agreements or the creation of a park district. Except for
developments comprised solely of rental units and except where all
or parts of such open space areas are deeded to and accepted by the
Town of Lewisboro or a recognized conservation organization, ownership
of such open space areas shall be divided equally among all property
owners within the development, and a property owners' association,
membership in which shall be mandatory for all owners in the development,
shall be incorporated, which association shall be responsible for
maintenance, liability insurance and local taxes. Such association
shall be empowered to levy assessments against property owners to
defray the cost of maintenance, and to acquire liens, where necessary,
against property owners for unpaid charges or assessments. In the
event that the property owners' association fails to perform the necessary
maintenance operations, the Town of Lewisboro shall be authorized
to enter on such premises for the purpose of performing such operations
and to assess the cost of so doing equally among all affected property
owners.
(3)
Recreation. Except as provided below and regardless of the underlying
zoning district, the project site shall be improved with common recreational
facilities, such as swimming pools; tennis, basketball, volleyball
and shuffleboard courts; playground equipment, etc., for the use of
the residents of the premises and their guests, which facilities shall
not be operated for profit. The minimum size of the recreation area
shall total not less than 300 square feet per density unit. Where
the Planning Board determines that a suitable recreation area of adequate
size cannot be properly located on the project site, or is otherwise
not practical, the Board may require as a condition of approval of
any site development plan, a payment to the Town of a sum which shall
constitute a trust fund to be used by the Town exclusively for neighborhood
park, playground or recreation purposes, including the acquisition
of property. Such sum shall be determined in accordance with a fee
schedule established by resolution of the Town Board, and which shall
be filed in the Office of the Town Clerk.
E.
Required parking.
[Amended 7-13-2015 by L.L. No. 7-2015]
(1)
Parking spaces shall be provided in number and design according to the provisions of Article VII of this chapter.
(2)
The Planning Board may require, if deemed appropriate, the provision
of a suitable screened parking area solely for the storage of boats,
motor homes and similar recreational vehicles belonging to inhabitants
of the development.
F.
Middle-income dwelling units.
[Amended 5-19-1989; 9-19-2006 by L.L. No. 1-2006; 6-2-2014 by L.L. No. 1-2014; 8-13-2018 by L.L. No.
8-2018]
(1)
Distribution. Such units shall be available for sale, resale or continuing rental only to middle-income families, as defined in § 220-2 of this chapter. Such units shall be physically integrated into the design of the development in a manner satisfactory to the Planning Board and shall be distributed among efficiency, one-, two-, three- or four-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Planning Board as being better related to the housing needs, current or projected, of the Town of Lewisboro.
(2)
Minimum floor area.
(a)
The minimum gross floor area per dwelling unit shall not be
less than the following:
|
Dwelling Unit
|
Minimum Gross Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
450
|
|
1-bedroom
|
700
|
|
2-bedroom
|
900
|
|
3-bedroom
|
1,100, including at least 1 1/2 baths
|
|
4-bedroom
|
1,300, including at least 1 1/2 baths
|
(b)
For purposes of this section, the Planning Board may allow paved
terraces or balconies to be counted toward the minimum gross floor
area requirement in an amount not to exceed 1/3 of the square footage
of such terraces or balconies.
(3)
Occupancy standards. In renting or selling, the following priority
schedule shall apply to middle-income dwelling units:
|
Number of Persons
| ||
|---|---|---|
|
Number of Bedrooms
|
Minimum
|
Maximum
|
|
Efficiency
|
1
|
1
|
|
1
|
1*
|
2
|
|
2
|
2
|
4
|
|
3
|
3
|
6
|
|
4
|
5
|
8
|
|
*
|
NOTE: Only if efficiency is not available. Tenants should be
transferred to efficiency when one becomes available, and the lease
should so provide.
|
(4)
Maximum rent and sales price. The maximum monthly rent for a middle-income dwelling unit shall not exceed 1.75%, excluding utilities (gas, oil, electricity, water and sewage), and the maximum gross sales price for a middle-income dwelling unit shall not exceed two times the maximum aggregate family income for a middle-income family, as defined in § 220-2 of this chapter, for the maximum size of family eligible for such unit as set forth in Subsection F(3) above, except for the efficiency unit where the maximum family size is one.
(5)
Continued eligibility.
(a)
Applicants for middle-income rental units referred to in this
section shall, if eligible and if selected for occupancy by the owner
or manager of the development, sign leases for a term of no more than
two years.
(b)
As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered a two-year renewal of the lease. If a resident's annual gross income should subsequently exceed by more than 20% the maximum then allowable, as defined in § 220-2 of this chapter, said resident may complete his current lease term and shall be offered a non-middle-income rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the middle-income dwelling unit he occupies, but shall not be offered a renewal of the lease beyond the expiration of said term.
(c)
Resale; title restrictions.
[1]
In the case of owner-occupied middle-income dwelling units, the title to said property shall be restricted so that, in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in accordance with Subsection F(4) of this section, or the sum of the following, whichever is greater:
[2]
The form of the deed for the transfer of any such units is subject
to the review of the Housing Committee prior to such transfer, to
ensure that the appropriate restriction is included in the deed.
(d)
Each year, the renters and owners of the middle-income dwelling
units must complete and submit to the Building Department within 10
days of receipt or by the deadline set forth in the survey, whichever
is later, a completed survey as provided by the Housing Committee.
Failure to submit the completed survey shall be a violation of this
chapter.
(e)
No person or entity shall own more than one middle-income dwelling
unit at one time. In order for a purchaser to be eligible to purchase
a middle-income dwelling unit, such purchaser must not own any middle-income
dwelling units at the time an application is submitted to the Town
of Lewisboro for the purchase of a middle-income dwelling unit. This
provision is not intended to restrict the initial developer of such
units from owning more than one unit, or such successor to the initial
developer as long as such successor obtains its interest in the units
for the purposes of marketing and selling all of said units acquired
from the initial developer.
[Added 2-25-2019 by L.L.
No. 2-2019]
(6)
Administration.
(a)
The Town Board shall establish a Town Housing Agency, which
shall be responsible for the administration of the middle-income housing
requirements of this section as well as for the promulgation of such
rules and regulations as may be necessary to implement such requirements.
Until the establishment of such agency, the Housing Committee appointed
by the Town Board shall be considered empowered to exercise all the
functions of such agency.
(b)
At the time of the issuance of a certificate of occupancy, the
Building Inspector shall send a copy of such certificate to the Town
Housing Agency, which shall then inform the applicant of the maximum
rental or sales charge which may be established for the middle-income
dwelling units in such development and the maximum annual gross family
income for eligibility for occupancy of said units.
(c)
The Town Housing Committee shall certify as eligible all applicants
for rental or sales of middle-income dwelling units and shall annually
reexamine or cause to be reexamined each rental family's income.
(d)
On or before March 30 of each year thereafter, the Town Housing
Agency shall notify the owner or manager of each multifamily development
containing middle-income units as to the rent, sales and income eligibility
requirements for such units based upon figures derived from the preceding
calendar year.
(e)
The owner or manager of such multifamily development shall certify
to the Town Housing Agency on or before May 31 of each year that the
current rental or sales prices of all middle-income dwelling units
comply with the terms of this chapter.
(7)
Tax assessment. The limited rental income and/or sales value of middle-income
units shall be taken into consideration by the Town Assessor in determining
the full value basis for assessments on such units.
G.
Antenna system. A central television antenna system shall be provided
for each group of attached dwelling units.
H.
Subleasing. Middle-income dwelling units may be occupied only by the owner(s), his immediate family and occasional houseguests, except by express permission of the Housing Agency. Any unit not owner-occupied may be rented only if approved by the Housing Agency to applicants who qualify according to Subsection F(5), (6) and (7).
I.
Creation of condominium lots.
[Added 4-25-2011 by L.L. No. 3-2011]
(1)
Where the Planning Board has approved a site development plan for the development, construction and use of multifamily dwellings in the R-MF Multifamily Residence District, the Planning Board may, contemporaneously with approving such site development plan, or within one year thereafter, so long as such site development plan remains in full force and effect, approve the subdivision (or, if such approved site development plan consists of two or more existing lots, the resubdivision) of the entire property constituting such approved site development plan (the "condominium property") in order to facilitate the formation of two or more residential condominiums formed pursuant to § 339 et seq. of the New York Real Property Law, each of which may contain a portion of the total number of dwelling units approved in such site development plan. Such subdivision (a "condominium subdivision") may, subject to making the findings and imposing the conditions provided in this Subsection I, be approved by the Planning Board without regard to 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 chapter or in Chapter 195, Subdivision of Land. Nothing herein shall be construed to relax any site development plan requirements or standards provided in this § 220-26, it being the purpose of this subsection to permit subdivision of a condominium property once site development plan approval has been obtained.
(2)
Before creating a condominium subdivision, the Planning Board shall
make a determination that the creation of such subdivision will facilitate
the financing, the phasing, or the sale of condominium units within
such condominium, and such subdivision shall be granted solely for
such purposes. The Planning Board shall make a further determination
that the site development plan approval includes a construction sequencing
plan that sets forth the sequence in which infrastructure improvements
and mitigation associated with the site development plan (including,
without limitation, utilities, stormwater management control facilities,
wetland and wetland buffer mitigation, and tree removal mitigation)
will be installed and a schedule for the construction and completion
of middle-income units, if any, in relation to the construction and
completion of market-rate units.
(3)
The procedure for review and approval of the condominium subdivision plat shall be in accordance with the subdivision plat review procedure provided in Chapter 195. The approved site development plan shall be deemed the "construction plans" (as that term is defined in Chapter 195) for purposes of such review and shall be deemed to satisfy any standards or requirements applicable to construction plans in Chapter 195.
(4)
The Planning Board shall require, as a condition of endorsement by the Planning Board Chair of any condominium subdivision plat, that the owner of the condominium property acknowledge, and that the plat include, a note to the effect that such subdivision is created, and such plat filed, solely for the purpose of facilitating the purposes set forth in the foregoing Subsection I(2), and that no lot shown thereon may be built upon or developed other than in accordance with the underlying approved site development plan (or any extension, modification, amendment, reapproval or regrant thereof), the full title, date, last revision date, and filing date of which shall be endorsed on such subdivision plat. The conditions of approval of the underlying site development plan, whether set forth in the approving resolution or on the final site development plan, or both, shall be deemed incorporated in any condominium subdivision approval granted under this subsection, but, except as otherwise expressly required under this subsection, to the maximum extent feasible, no additional conditions that are inconsistent or conflict with the conditions of the site development plan approval may be imposed on such subdivision by the Planning Board, it being the intent of this subsection that all conditions related to the development be identified during the site development plan review process and be included by the Planning Board in the site development plan approval.
(5)
A lot shown on a condominium subdivision plat is not, merely by virtue of having been created pursuant to this § 220-26I, precluded from being further subdivided or developed in a manner inconsistent with the underlying approved site development plan (or any extension, modification, amendment, reapproval or regrant thereof) if the development of such lot, standing alone, conforms to all applicable use and dimensional limitations in the R-MF Multifamily Residence District.
(6)
Before a condominium subdivision plat pursuant to this § 220-26I may be filed, the owner shall submit for review, and upon approval thereof record, such easements, covenants, and restrictions as the Planning Board shall find necessary or appropriate for the continued operation of the entire condominium property as an integrated site, notwithstanding that any individual condominium lot may, in the future, be conveyed separately from any other condominium lot.
A.
Purpose.
(1)
Campus Commercial Districts are established in accordance with the
goals and policies of the Town Master Plan so as to provide for a
limited amount of campus commercial development in areas with sufficient
access to regional highways, subject to compliance with stringent
site development standards appropriate for the maintenance of a predominantly
residential community.
(2)
Campus commercial development is intended to encompass a specific
type of development which features a building or group of buildings
along with necessary parking facilities surrounded by wide areas of
open space consisting of undisturbed vegetation or landscaping. The
buildings and the use conducted in the buildings should not be discernible
from off-site.
B.
Permitted principal uses. Principal uses permitted in a CC-20 District shall be as specified in § 220-24, Schedule of regulations for nonresidential districts, subject to the following provisions:
(1)
Access.
(a)
Each CC-20 District lot shall have frontage on a state highway
to which access and service drive connections can be constructed without
creating unsafe conditions and traffic congestion. Access drive connections
to local streets shall not be permitted.
(b)
The Planning Board may approve access to a CC-20 District lot
via an easement at least 50 feet in width across New York City watershed
property if appropriate legal right of use provisions are provided.
(2)
Development density.
(a)
To further achievement of the objectives of § 220-21 of this chapter, the lot area used in the calculation of allowable floor area, as established by § 220-24 of this chapter, shall be a net lot area determined as follows: The area of any wetlands, water bodies, watercourses or steeply sloped land, as defined by § 220-21, shall be identified and multiplied by a factor of 0.75 and the resultant number deducted from the gross total lot area to yield the net lot area. All actual construction shall be located on each lot so as to avoid or minimize adverse environmental impacts in accordance with the Town of Lewisboro Environmental Quality Review Law.[1]
(b)
In the calculation of maximum building coverage, maximum site
coverage and maximum allowable floor area ratio of a CC-20 District
lot, the Planning Board may permit the lot area of a buffer lot (net
lot area in the calculation of maximum allowable floor area) to be
included if all of the following criteria are met:
[1]
The buffer lot is held in the same ownership as the CC-20 District
lot and is included as part of a comprehensive site plan.
[2]
The buffer lot has no principal use.
[3]
Restrictions satisfactory to the Planning Board, acting on advice
of the Town Attorney, are placed on the buffer lot so as to prevent
any construction from taking place on the lot, subdivision of the
lot, use of the land area in the determination of any other development
density calculation and transfer of ownership to a party different
from the owner of the CC-20 lot.
[4]
A conservation easement is placed on the buffer lot so as to provide for the restrictions identified in Subsection B(2)(b)[3] in perpetuity.
(3)
Perimeter buffer.
(a)
In order to establish a permanent buffer area between campus commercial and residential uses, no site improvement on a CC-20 District lot shall be located closer than 200 feet to a residence district boundary line. A perimeter buffer area, 200 feet in width, shall be established along all lot lines of a CC-20 District lot, within the CC-20 District lot, where said lines abut land in a residence district. Where a buffer lot is included as part of a comprehensive site plan as provided in Subsection B(2)(b), the Planning Board may permit the minimum site improvement setback and minimum yard requirements to be measured from the outside property lines of the buffer lot, provided that no construction may take place on said lot.
(b)
The required perimeter buffer area shall be maintained in its
natural state with no construction, grade alteration or clearing permitted
except as may be approved by the Planning Board for the purpose of
facilitating access to the site, drainage improvements required by
the Town and landscaping.
(c)
The Planning Board, as part of site plan review, may require
the establishment and maintenance of buffer landscaping at any location
on a CC-20 District lot or buffer lot. Such landscaping shall be of
a size, type and spacing determined adequate by the Planning Board
to screen and buffer buildings, parking areas and other structures
and activities on said lot from neighboring properties and public
rights-of-way and to otherwise establish a landscaped setting for
development consistent with the purpose of the CC-20 District.
(d)
The Planning Board may permit gatehouses, not more than 15 feet
in height nor more than 250 square feet in gross floor area, to be
located not less than 100 feet from a street line.
(4)
Height.
[Added 10-24-1989]
(a)
Notwithstanding the provisions of § 220-24E hereof,[2] the maximum permitted height of any principal building in the CC-20 Zoning District which complies with the standards set forth in Subsection B(4)(b), (c) and (d) shall be 60 feet above the highest finished grade immediately adjacent to the building.
[2]
Editor's Note: The Schedule of Dimensional and Bulk Regulations for Nonresidential Districts is included at the end of this chapter.
(b)
To qualify for the building height limitation set forth in Subsection B(4)(a) hereof, the Planning Board must determine that in comparison to potential impacts of a reasonable alternative development under the otherwise applicable limitations and considering information concerning grading plans, limits of disturbance, building elevations showing floor and roof elevations, impacts to streams, wetlands and wetlands controlled areas, impacts to steep slopes, hilltops and ridgelines, off-site visibility, impacts of outdoor lighting, road access, alignments and profiles, drainage and runoff calculations and impacts upon vegetation and wildlife, the use of this provision will:
(c)
To qualify for the building height limitation set forth in Subsection B(4)(a) hereof, a principal building must:
[1]
Be on a site with at least twice the minimum required lot area.
[2]
Contain at least 90% of the total parking requirement within
said principal building and said parking shall be below the highest
finished grade immediately adjacent to the building.
[3]
Not be constructed to an elevation in excess of 370 of the United
States Geological Survey Datum at the highest point of the roof.
(d)
The maximum site coverage shall be 12% of the lot area.
A.
Purpose. Service Utility Districts are established in accordance
with the goals and policies of the Town Master Plan so as to provide
suitable areas for the location of public service utilities.
C.
Perimeter buffer. The provisions of § 220-27B(3) (perimeter buffer in CC-20 District) shall apply to SU Districts, except that the minimum width of the perimeter buffer shall be 100 feet.
Retail Business Districts are established in accordance with
the goal and policies of the Town Master Plan so as to establish and
maintain neighborhood centers by providing areas in Lewisboro's hamlets
for neighborhood business services, including retail stores, personal
services, offices, restaurants and trade services as well as for small
residential units.
General Business Districts are established in accordance with
the goals and policies of the Town Master Plan so as to establish
and maintain neighborhood centers by providing areas in Lewisboro's
hamlets for nonretail commercial establishments and neighborhood business
services, including retail stores, personal services, offices, restaurants
and trade services as well as for small residential units.
A.
Purpose.
(1)
Special Character Overlay Districts are established in accordance
with the goals and policies of the Town Master Plan so as to protect
the significant characteristics of several specially identified sections
of Lewisboro which encompass relatively large land areas that contain
a substantial number of contiguous buildings and common landscape
elements reflective of a period of Lewisboro history. Each area presents
a unique setting which, for the benefit of present and future generations,
can be protected while allowing for new development if detailed attention
is given to the enhancement of the special characteristics.
(2)
In order to retain and enhance those properties and features which
contribute to the special character of each of these districts and
to assure that all new construction and alterations of existing structures
are compatible with this character, design standards shall be applicable
to all uses of property in an SC Overlay District. Said design standards
shall be in addition to the use and dimensional requirements of the
underlying primary zoning district in which such properties are located.
B.
Actions subject to review. Any of the following actions, permits
or approvals may not be initiated or granted for a lot within a Special
Character Overlay District until after there has been compliance with
the review procedures set forth in this chapter:
(1)
Building permit for construction, reconstruction, exterior alteration
or demolition of structures.
(2)
Site development plan.
(3)
Preliminary and final subdivision.
(4)
Special use permit.
(5)
Signs, except as permitted in accordance with Chapter 185, Signs.
[Amended 10-22-1991; 2-23-1993 by L.L. No. 5-1993]
(6)
Grade alteration exceeding 2,500 square feet.
(7)
Removal of more than four linear feet of stone walls.
(8)
Erection of a fence or wall or combination fence and wall over four
feet in height.
(9)
Removal or clearing of any live tree with a trunk diameter of 10
inches or more at a height of four feet.
C.
Approving agency. Prior to the initiation of any action or the granting of any approval identified in Subsection B as subject to review under this section, a determination must be made by the Architecture and Community Appearance Review Council (ACARC) that the action or approval, with or without specified modifications or conditions, would be consistent with the purposes of the Special Character Overlay District.
(1)
For actions otherwise subject to Planning Board review and action,
the requirements of this district shall be coordinated with established
Planning Board procedures (i.e., site development plan, subdivision).
The Planning Board shall refer applications for all such actions to
the ACARC in accordance with local law prior to final action by the
Planning Board on the primary application.
(2)
For actions otherwise subject to review and action by other Town
officials, the requirements of this district shall be coordinated
with established procedures for the primary application. The authorized
Town official shall refer applications for all such actions to the
ACARC in accordance with local law prior to final action by the Town
official on the primary application.
(3)
For actions not otherwise subject to Town of Lewisboro approval,
the property owner shall apply to the ACARC for approval of the regulated
activity in accordance with local law.
D.
Application procedure and review criteria.
(1)
In accordance with local law, the ACARC shall define an appropriate
format to ensure the uniformity of all submissions, which may include
requirements for architectural plans and elevations and any other
information deemed necessary in the opinion of said Council to enable
it to render its decision.
(2)
In reviewing an application within a Special Character Overlay District,
the ACARC shall take into consideration the special characteristics
of each district (Old Goldens Bridge, Cross River, Mead Street, South
Salem and West Lane/Elmwood Road) as defined in the Special Character
Overlay District Analysis and Guidelines as adopted by ACARC and approved
by the Town Board.
[Amended 7-14-1992 by L.L. No. 8-1992]
(3)
The ACARC shall act to approve, disapprove or approve subject to conditions each application for a regulated activity defined in Subsection B in accordance with the procedures and guidelines set forth in ACARC guidelines and ACARC procedures adopted by the ACARC and approved by the Town Board.
[Amended 7-14-1992 by L.L. No. 8-1992]
(4)
Appeals from decisions of the ACARC shall be to the Board of Appeals.
E.
Routine maintenance. Nothing in this section shall be construed to
prevent the ordinary maintenance and repair of any exterior architectural
feature and its related landscaping.
