[Amended 11-27-1990; 11-26-1991 by L.L. No. 1-1991; 11-28-1995 by L.L. No. 6-1995; 2-17-1998 by L.L. No.
1-1998; 2-22-2016 by L.L. No. 2-2016; 2-25-2019 by L.L. No. 1-2019; 11-23-2020 by L.L. No. 10-2020]
A.
Conformance to standards required. All special uses to which conformance to additional standards is required are considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this section and§§ 220-33 through 220-43.1 and as may be specified by the approving agency according to the provisions of Subsections E and F herein, in addition to all other requirements of this chapter. All such uses are declared to possess such unique, special and individual characteristics that each specific use shall be considered as an individual case.
B.
Approving agency. Applications for special permit uses shall be reviewed
and acted upon by the Planning Board with the following exceptions:
(1)
The Town Board is hereby designated and authorized to review and
take action on applications for the following special uses:
(a)
(None currently specified.)
(2)
The Board of Appeals is hereby designated and authorized to review
and take action on applications for the following special uses:
(a)
Temporary storage of contractor's equipment.
(b)
Private kennels.
(c)
Ranching and the raising of field and garden crops.
(d)
Temporary stands for the sale and display of field and garden
crops grown on the premises.
(e)
Any use that was established legally as a special permit use
and for which a special permit was issued, but for which provisions
have since been deleted by amendment from the schedule of permitted
principal and accessory uses. If such previously issued permit was
in effect at the time of deletion by amendment, it may be continued
or renewed upon review in accordance with special permit procedures.
(f)
Construction or placement of an accessory building on a lot
located proximate to or across the street from a principal building.
(g)
Accessory winery, accessory microbrewery and accessory craft
distillery.
D.
Special permit applications subject to Board of Appeals approval
shall be reviewed and acted upon as follows:
(1)
Application for issuance of a special permit shall be submitted to
the Board of Appeals in six copies, except where the Chairman of the
Board of Appeals determines that a lesser number is appropriate. It
shall be considered officially submitted at the next following meeting
of the Board of Appeals. It shall include:
(a)
The name and address of the applicant, property owner(s) if
other than the applicant and of the professionals engaged to work
on the project. Where the applicant or owner is a corporation, the
application shall include the names and addresses of all officers,
directors and principal stockholders of said corporation. Written
authorization from the owner(s) to submit the application shall be
required where the applicant is not the owner of the affected property.
(b)
A written statement describing the nature of the proposed special
use and how it will serve to implement the intent and purposes of
this chapter.
(d)
An application fee in an amount set forth in a fee schedule established by resolution of the Town Board and, as deemed necessary by the approving agency, an escrow account deposit required in accordance with § 220-77C herein to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 220-77B.
(2)
Review by other agencies. Upon receipt of a completed application
for a special permit, the Board of Appeals, where determined appropriate
or where required by other law or regulation, shall forward for review
and report copies of such application to the Planning Board and, where
determined appropriate, one copy each to the Conservation Advisory
Council, the Town Engineer, the Superintendent of Highways, the Westchester
County Soil and Water Conservation District Board and the Westchester
County Department of Health; in addition, copies shall be forwarded
to the Westchester County Planning Board when such proposed development
abuts a state or county highway, park, drainage channel or building
site and to the Clerk of any abutting municipality where the property
proposed for such development is located within 500 feet of such municipality
in accordance with Sections 277.61 and 277.71 of the Westchester County
Administrative Code.
(3)
Public hearing. A public hearing on an application for a special permit shall be scheduled and conducted by the Board of Appeals within 65 days of the date the application is received, unless this time limit is waived by the applicant. Public notice shall be the same as that required in § 220-74C herein.
(4)
Board of Appeals action. Within 60 days of the date of the public
hearing and within 120 days of the date of the Board of Appeals meeting
at which such application was originally submitted, the Board of Appeals
shall file with the Building Inspector a report on said application.
The applicant may grant extensions of either of the above-stipulated
review periods; provided, however, that any extension of time granted
to the Planning Board shall equally extend the time to act for the
Zoning Board of Appeals.
E.
Findings by approving agency. The approving agency shall review,
consider and make reference to all previous records that may exist
on the proposed special use prior to taking any action. The approving
agency shall authorize the issuance of a permit, provided that it
finds that all of the following conditions and standards have been
met:
(1)
The location and size of the use, the nature and intensity of the
operations involved in it or conducted in connection with it, the
size of the site in relation to it and the location of the site with
respect to streets giving access to it are such that it will be in
harmony with the appropriate and orderly development of the district
in which it is located and that it complies with all special requirements
for such use established in this chapter.
(2)
The location, nature and height of buildings, walls and fences and
the nature and extent of existing or proposed plantings on the site
are such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
(3)
Operations in connection with any special use will not be more objectionable
to nearby properties by reason of noise, fumes, vibration or other
characteristics than would be the operations of any permitted use
not requiring a special permit.
(4)
Parking areas will be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit drives shall be laid out so as to achieve maximum
and adequate safety.
F.
Conditions and safeguards. The approving agency shall attach such
conditions and safeguards to any approved use and development plan
as are, in its opinion, necessary to ensure initial and continual
conformance to all applicable standards and requirements.
G.
Action by Building Inspector. Upon receipt by the Building Inspector of such report of the approving agency showing that conditions required by Subsections E and F prevail, and upon compliance by the applicant with all applicable standards, requirements, conditions, safeguards and ordinances, the applicant shall, upon payment of any fees prescribed therefor, be entitled to a building permit or certificate of occupancy, as the case may be, from the Building Inspector. The Building Inspector shall not issue a building permit or certificate of occupancy in the event that the approving agency shall not make a finding that all of the enumerated conditions prevail.
H.
Expiration of special permit. A special permit shall be deemed to
authorize only the particular use or uses specified in the permit
and, unless other provisions are set forth by the approving agency
in connection with the issuance of that permit, shall expire if work
is not initiated pursuant thereto within one year, or if said use
or uses shall cease for more than one year for any reason or if all
required improvements are not completed with two years from the date
of issue or if all such required improvements are not maintained and
all conditions and standards complied with throughout the duration
of the use, except that the approving agency may, upon request, extend
the above time periods as determined appropriate by said agency.
A special permit use shall conform to the following individual
standards and regulations, where applicable, in addition to all other
regulations for the zoning district in which the special permit use
is located. In all cases, whichever regulations are more restrictive
shall apply.
[Amended 12-18-2007 by L.L. No. 6-2007]
Notwithstanding the following regulations, homeowners or property
owners may conduct regrading, earth moving, excavation and filling
operations and may utilize gravel, stone or quarry where it is required
as part of an approved subdivision plan, stormwater pollution prevention
plan, wetland permit approval, site development plan or special use
permit approval, or in connection with the construction of a building
or driveway for which a permit has been duly issued, or where it is
required in connection with incidental landscaping or minor site improvements,
such as the construction of walks, retaining walls, fences and so
forth, provided no other permits or approvals are required by this
chapter or other chapters of the code of the Town of Lewisboro.
A.
Application. Written application requesting approval for any landfilling, regrading or earth removal operations not permitted by right as described above shall be submitted to and subject to the approval of the Town Board in accordance with the special permit procedure set forth in § 220-32, and notice shall be mailed by the applicant to the owners of all property within 1,000 feet of the excavation site. Each application shall be accompanied by the following information:
(1)
The full name, signatures and addresses of the owner, lessee and
applicant and the written consent of the mortgagee, if any.
(2)
A topographic survey, prepared by a licensed engineer or surveyor,
showing the existing contours of the property and the contours proposed
to be established at the conclusion of the operation. Such map shall
also show the location of all existing and proposed watercourses,
water bodies and drainage systems.
(3)
A statement clearly detailing the nature and extent of such proposed
operations, including the type and amount of material to be filled,
regraded or removed, the manner in which it will be accomplished,
the proposed hours of operation and time schedule for the completion
of the various stages of the operation.
(4)
A penal bond and a performance bond issued by a bonding or surety
company and approved by the Town Board, or by the owner or owners
of the property involved with security acceptable to the Town Board.
Each of said bonds, including any renewal or renewals or increases
or decreases as hereinafter provided, shall be in an amount determined
by the Town Board. In no event shall the penal bond be less than $1,000
per acre of land, which amount may be reduced from time to time by
the Town Board, after public hearing.
(5)
Such other maps, plans, boring tests, feasibility studies and other
engineering data as may be required by the Town Board in order to
determine and provide for the proper enforcement of these regulations.
(6)
Proof that there are no unpaid taxes or assessments affecting or
constituting a lien upon the premises.
(7)
Evidence of notice mailed.
B.
Conditions and safeguards.
(1)
No excavation or deposit of topsoil, earth, stone, gravel, rock or
other natural mineral shall interfere with any natural watercourse
or the natural drainage of the property.
(2)
No excavation shall be made below the adjacent grade of any abutting
road unless the Town Board shall find that the peculiar conditions
pertaining to the property affected would justify such depth of excavation,
in which case the Town Board may impose such further conditions as
are, in its judgment, appropriate to safeguard the public interest.
(3)
No permit for landfilling, regrading or removal of earth material
shall be issued for a period exceeding one year.
(4)
At the termination of the approval period, any structure, improvement,
equipment or machinery erected, placed or maintained upon such premises,
except as may be otherwise permitted under this chapter, shall be
removed and the premises restored to the contours authorized in the
permit so that the natural drainage shall be fully restored, the property
shall not be left with holes or gulleys and the premises shall be
properly seeded or planted or both to conform to the natural terrain
or landscaping of adjacent and surrounding areas, unless the Town
Board, for good cause, shall dispense therewith, the reasons therefor
to be stated in its determination.
(5)
No grading or excavating operations shall be conducted after 7:00
p.m. or before 8:00 a.m. nor at any time on Sundays, and during the
hours of such operation no unreasonable noise shall be permitted.
(6)
No permit shall be issued for excavating which provides or contemplates creation of a body of water, except in connection with an approval of a subdivision, or in connection with a site development plan approved in accordance with Article VI of this chapter until a plan with respect thereto shall first have been submitted to and approved by the Planning Board after public hearing as provided in § 220-21.
(7)
Dumping or depositing of rubbish, refuse or other waste materials
for purposes of regrading or landscaping, shall be permitted, provided
that:
(a)
No decomposable animal or vegetable matter is dumped or deposited.
(b)
It does not create a nuisance by reason of dust, fumes, smoke,
odor, insects, rodents or otherwise adversely affect the public comfort,
convenience, sightliness, health or safety.
(c)
It is not contrary to the County Sanitary Code.
[Amended 11-26-1991 by L.L. No. 1-1991; 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]
Places of worship or religious instruction, including parish
houses, private schools, colleges, public libraries, museums and art
galleries, shall be special uses as follows:
A.
Location.
The special uses listed in this section may be permitted in a residence
district only in locations fronting on or having direct access to
major or collector roads as determined by the Planning Board and shown
on the Town Development Plan Map.
B.
Coverage.
Building coverage, including accessory buildings, shall not exceed
20% of the lot area, nor shall the sum total of the land covered with
buildings and parking, including driveways, exceed 50% of the lot
area, within any residence district.
C.
Setbacks.
All new buildings shall be set back from adjoining properties in residence
districts and street lines directly opposite properties in residence
districts a distance equal to at least twice the normally applicable
front yard setback requirement for detached one-family dwellings in
the zoning district in which they are located, but in no case less
than 50 feet. Off-street parking areas shall not be permitted in any
required front yard, nor in any required side or rear yard within
20 feet of any adjoining property in a residence district. Setback
requirements may be modified by the Board of Appeals in case of conversions
of existing buildings.
D.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts, except where determined by the approving agency that a lesser width or no buffer will meet the purpose of this requirement.
E.
Other requirements. In addition to the special standards described above, places of worship or religious instruction, including parish houses, private schools, colleges, public libraries, museums and art galleries, shall comply with any other requirements of this chapter and any special requirements deemed appropriate by the approving agency in accordance with the requirements of § 220-32 herein.
A.
Location and use. Where clubs do not front on or have direct access
to a major or collector road as determined by the Planning Board and
shown on the Town Development Plan Map, the intensity of use shall
be limited by the Board of Appeals to the extent necessary to assure
that the expected average traffic generation of such use will not
exceed that which would be expected if the premises were developed
for permitted residential purposes.
B.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts.
C.
Special setback requirements. All active recreational facilities,
such as tennis courts and swimming pools, shall be located out-of-doors,
except where the scale of buildings and setbacks are such that they
will relate harmoniously to the existing residential character of
the district in which they are located, and shall be set back from
adjacent residential property boundaries at least twice the minimum
distance required for residential buildings in said district, except
that the Board of Appeals may permit a reduction of this additional
setback requirement where, because of topography or the installation
of additional buffer landscaping and/or fencing, the Board of Appeals
determines that any potential adverse external effect of such use
can be effectively reduced.
A.
Location. Hospitals, nursing homes and eleemosynary institutions
shall be permitted in residence districts only in locations fronting
on or having direct access to a state or county road.
B.
Site size. The minimum site size in a residence district shall be 10 times the normally required minimum lot size for a one-family dwelling in the district in which it is located, as specified in § 220-23, Schedule of regulations for residential districts.
C.
Density. The maximum permitted density shall not exceed one patient
bed for each 9,000 square feet of lot area in a residential district.
If located in a nonresidential zoning district, there shall be not
more than one patient bed for each 7,000 square feet of lot area.
D.
Coverage. Building coverage, including accessory buildings, shall
not exceed 10% of the lot area, nor shall the sum total of land covered
with buildings and parking, including driveways, exceed 30% of the
lot area within any residence district.
E.
Setbacks. All buildings shall be set back from adjoining properties
in residence districts and from street lines directly opposite properties
in residence districts, a distance equal to at least twice the height
of such building, but in no case less than 50 feet. Off-street parking
areas shall not be permitted in any required front yard, nor in any
required side or rear yard within 20 feet of any adjoining property
in a residence district.
F.
Off-street parking and loading. Minimum off-street parking requirements shall be as provided in Article VII. One off-street loading space shall be provided for each 100 patient beds or major portion thereof.
G.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts.
H.
Other requirements. In addition to the special standards described above, nursing homes, hospitals and eleemosynary institutions shall comply with any other special requirements deemed appropriate by the Board of Appeals in accordance with the provisions of § 220-32 herein, and all other applicable laws and regulations governing hospitals, nursing homes and eleemosynary institutions.
[Amended 3-27-1990]
The purpose of this section is to permit and regulate the temporary
storage of contractors' equipment on property owned by the owner or
lessee of the equipment which is intended for off-premises use. No
permit shall be granted and it shall be a violation of this chapter
to allow the sale, rental, lease or repair of construction equipment
on the subject parcel. The Zoning Board of Appeals may issue, modify
and renew for a period not exceeding two years conditional permits
for the temporary parking and/or storage of equipment or machinery
commonly referred to as "contractor's equipment" on lots of not less
than two acres, in accordance with the following conditions and limitations.
A.
No more than four pieces of contractor's equipment may be permitted
to be stored on any one property of two acres or more. Trailers used
for transporting contractor's equipment are not counted separately
from the equipment stored or transported on them. One-half- and three-fourths-ton
pickup trucks are not considered contractor's equipment.
C.
There shall be no refueling of contractor's equipment on the property.
D.
No permit shall be granted unless the Board finds that the equipment
can be stored on the premises without detriment or injury to the neighborhood;
that access to the property is safe for the types of vehicles proposed
to be stored; and that the owner has available to him proper facilities
for the disposal of waste fuel, lubricating oil and hydraulic oil.
E.
When the subject parcel is in or adjacent to a residential district,
no permit shall be granted unless the Board finds that the use will
be consistent with the residential quality of the neighborhood.
F.
The permit shall specify:
(1)
That no such equipment shall be kept within 50 feet of any residential
property line.
(2)
That the storage or parking area shall be screened in a manner required
by the Board, as shown on a site plan, to protect the surrounding
property from deleterious effects of the proposed use. The screening
shall be shown on a site plan approved by the Board of Appeals.
(3)
That outdoor lighting, if allowed by the Board, shall be controlled
so that it will not affect the occupants of the adjoining property.
(4)
The time of operation.
(5)
The location and size of the area to be used. If a building is proposed to be used for the special use, it must be an existing accessory building. No building permit may be issued specifically to store contractor's equipment. All subordinate buildings in residential areas must satisfy the definition of "building, accessory" in § 220-2.
G.
The Board of Appeals may require any other conditions and safeguards
it deems necessary to ensure the protection of the surrounding property
and the health, safety and general welfare of the Town and the inhabitants
thereof.
H.
Upon the enactment of this revised § 220-38 of this chapter, dated March 27, 1990, a single one-year extension may be allowed to the holders of existing permits, during which renewal period the holders must take steps to conform to the new requirements.
(1)
At the expiration date of the single one-year extension, the Board of Appeals may grant a permit pursuant to § 220-38, if all requirements of that section have been met.
(2)
After expiration of the single one-year extension as provided in Subsection H(1), no construction equipment shall be stored on any property unless a permit has been obtained from the Board of Appeals. Continued storage of contractor's equipment without a permit shall subject the property owner and occupant to all existing penalties for violation of the Zoning Ordinance.
I.
In an application for a new special permit under this § 220-38 or upon an application for a renewal of an existing permit, it shall be appropriate for the Zoning Board of Appeals to consider the history of the use or uses at the property in determining whether or not a special permit shall issue. Past violation at the property shall be sufficient reason in and of itself to deny the issuance of a new special permit or to deny the renewal of an existing permit.
(1)
In case of an existing special permit under this § 220-38, upon proof of a violation at the property, the Zoning Board of Appeals is authorized to suspend the special permit for a period of time or to revoke the special permit in its entirety. Such suspension or revocation may be accomplished only after notice to the special permit holder of a hearing at which he will be entitled to present evidence.
(2)
Upon a revocation of a special permit, the Zoning Board of Appeals
may refuse to hear a new application for a special permit for a period
of time up to five years. The period of time during which the Zoning
Board of Appeals may refuse to hear an application for a special permit
will be considered the period of revocation, notwithstanding the fact
that this period is beyond the term of the revoked two-year permit.
(3)
Upon proof of a violation at the property during a period of suspension
or revocation, an application for a special permit at the property
may, in the discretion of the Zoning Board of Appeals, be forever
barred for so long as the property is in the same ownership or control.
Private kennels shall be permitted in residence districts on
lots of four acres or more, provided that:
A.
Only dogs owned by the occupant are kept therein, and the total number
of such dogs over six months of age shall not exceed 10.
B.
No run shall be less than 100 feet from any property line.
C.
No dogs shall be permitted in runs before 8:00 a.m. or after dark.
D.
No dogs shall be left outdoors unless a responsible person is on
the premises.
E.
Any dog prone to excessive barking shall be confined indoors.
[Amended 4-25-1989; 4-21-1998 by L.L. No. 2-1998; 8-18-1998 by L.L. No.
8-1998; 5-6-2003 by L.L. No. 5-2003; 9-12-2016 by L.L. No. 6-2016; 11-23-2020 by L.L. No. 10-2020]
It is the specific purpose and intent of this section to allow accessory apartments on one-family parcels of minimum size of 1/2 acre to provide the opportunity for the development of affordable housing, AFFH units as defined in § 220-2B of this chapter, or to meet the needs of the elderly, the young, persons of middle income, or the relatives or domestic employees of the owners of the principal residence. It is also the purpose of this provision to allow more efficient use of the Town's existing dwellings and accessory buildings, and to afford existing residents the opportunity to remain in large, underutilized houses by virtue of the added income produced by accessory apartments, and to protect and preserve property values in the Town of Lewisboro. To help achieve these goals to promote the other objectives of this chapter and of the Town Development Plan, the following specific standards and limitations are set forth for such accessory apartment use.
B.
Location and number of units.
(1)
An accessory apartment may be located in the principal dwelling building
or in a permitted accessory building, such as a barn or garage, and
may include existing, new, or expanded structure construction.
(2)
There shall be no more than one accessory apartment permitted per
one family building lot.
(3)
An accessory apartment is not permitted on any single lot where more
than one dwelling unit already exists, regardless of whether the additional
dwelling is a prior nonconforming dwelling unit or not. The property
owner's right to subdivide his or her property shall be deemed to
be waived if there is an accessory apartment in an accessory building,
unless the proposed subdivided lots still meet all of this section's
requirements without a variance.
C.
Size.
(1)
The minimum floor area for an accessory apartment located within
a principal dwelling building shall be 300 square feet, but in no
case shall it exceed 25% of the total floor area of the dwelling building
in which it is located.
(2)
For an accessory apartment located in an existing accessory building,
the minimum floor area shall also be 300 square feet.
(3)
Each accessory apartment, whether in a principal dwelling unit or
an accessory building, shall be limited to a maximum of two bedrooms.
D.
Other requirements.
(1)
Exterior appearance. Principal buildings containing an accessory
apartment shall have only one front or principal entry to the building,
and the accessory apartment shall be located, designed, constructed,
and landscaped so as to preserve the appearance of the principal building
as a single-family residence to the maximum extent feasible and further
to enhance and not detract from the single-family character of the
principal building and the surrounding neighborhood. An accessory
apartment may have a separate, distinct entry as long as said entry,
in the opinion of the permitting agency, does not detract from the
single family character of the principal building.
(2)
Off-street parking. Off-street parking requirements shall be that
two off street parking spaces must be provided for each dwelling unit
on the property of the applicant. Additional parking areas shall be
paved only when proven necessary and shall be screened and buffered
from adjacent properties to the extent possible.
(3)
Approval of utilities. Prior to the issuance of a building permit
for the establishment of an accessory apartment in a principal dwelling
or the conversion of an existing accessory building to an accessory
apartment use, all septic systems and wells must be approved by the
Westchester County Department of Health. In addition, the Department
of Health must approve both the location and adequacy of septic systems
and wells and any change in the number or location of bedrooms. (NOTE:
This section may be waived by the Building Inspector if there is no
addition to the existing residence or the basic bedroom count and
location remain the same.)
E.
Assessment. The property which contains any accessory apartment shall be assessed in the manner authorized by the State of New York. If the owner of an accessory apartment has agreed to register the apartment as a middle-income apartment and to limit the monthly rent to the amount set forth in § 220-26F(4) of this chapter, or if the accessory apartment is an AFFH unit, the assessor shall take the limitation on rental income into account in determining the amount, if any, the accessory apartment will add to the assessed value of the property.
F.
Administration. The Housing Committee and the Housing Administrator
shall monitor middle-income and AFFH unit accessory apartments in
the Town and, through the Building Department, shall oversee the regulations
pertaining thereto. Specifically, the Housing Committee and Housing
Administrator shall be responsible for:
(1)
Maintaining a list of available middle-income and AFFH unit accessory
apartments.
(2)
Determining a prospective renter's eligibility for renting a middle-income
or AFFH unit accessory apartment.
(3)
Maintaining a list of eligible renters of middle-income and AFFH
unit accessory apartments.
(4)
Monitoring the turnover in the owners of middle-income and AFFH unit
accessory apartments.
(5)
Monitoring the turnover in the renters of middle-income and AFFH
unit accessory apartments.
(6)
Establishing policies and procedures, as well as the requisite forms
required, to review income and eligibility requirements and rents
charged.
G.
Other provisions.
(1)
Rent. The rent for any middle-income accessory apartment shall not exceed the permitted rentals for middle-income dwelling units, as described in § 220-26F(4) of this chapter.
(2)
If any middle-income unit shall become vacant, the owner shall inform
the Housing Administrator of the vacancy. The Housing Administrator
shall inform the eligible middle income persons on his or her waiting
list of the vacancy.
(3)
The owner of a unit may list his or her unit as a middle-income unit.
The unit, once listed as a middle-income unit, will be eligible for
assessment as provided in this chapter and shall be subject to the
rent limitations and other rules established for middle-income housing
units.
(4)
Occupancy. The occupants of a middle-income accessory unit must qualify as members of a middle-income family, as defined in § 220-2B of this chapter.
(5)
Term. Once an accessory apartment is listed as a middle-income unit,
it must remain as a middle-income unit for the full term of its permit.
(6)
The owner of a middle-income accessory apartment shall have the right
to choose any tenant from the list of eligible tenants that is maintained
by the Housing Administrator and Housing Committee Chairman.
(7)
Exemptions. In the event that no middle-income family is on the Housing
Committee's list for a middle-income accessory apartment, or in the
event that no family on the waiting list agrees to rent the accessory
apartment, the Housing Committee may exempt the accessory apartment
from the above middle-income requirements for the term of the next
lease or occupancy.
[Added 4-6-1999 by L.L. No. 3-1999]
An accessory residence dwelling, not to exceed one per lot,
incidental and subordinate to a principal detached one-family dwelling,
and located on the same lot, is subject to the following standards
and requirements:
A.
Minimum lot area. A minimum lot area of 20 acres shall be provided
and shall include a minimum buildable area, as defined herein, two
times that required for an individual lot in the zoning district in
which the accessory residence dwelling is to be located.
B.
Lot, yard and bulk requirements. All lot, yard and bulk requirements
of the zoning district in which the accessory residence dwelling is
to be located shall apply.
C.
Location. An accessory residence dwelling shall be sited in a manner
that will permit future subdivision and separation of all buildings
in conformance with the minimum lot area and bulk yard requirements
of the zoning district in which the accessory residence dwelling is
to be located. Subdivision approval shall not be granted if any nonconformity
would be established due to the existing use, size or location of
an accessory residence dwelling.
D.
Access. Street access may be shared with that of the principal one-family
residence; additional street curb cuts or separate access driveways
shall not be required.
E.
Size; number of bedrooms.
(1)
The exterior size of an accessory residence dwelling shall not
exceed 1,500 square feet, or be less than 600 square feet, in gross
floor area, excluding unhabitable and unfinished garage and basement
space as defined herein.
(2)
A maximum of two bedrooms is permitted in an accessory residence
dwelling, provided that adequate water supply and sewage disposal
facilities are provided.
F.
Water supply and sewage disposal. Prior to issuance of a building
permit for an accessory residence dwelling, all water supply and sewage
disposal systems shall be approved by the Westchester County Department
of Health and New York City Department of Environmental Protection,
as appropriate.
G.
Prohibition of other permitted accessory uses. The establishment
of an accessory residence dwelling on a lot shall prohibit the use
of that lot and any buildings on the lot as an accessory apartment,
as defined herein; and the existence of an accessory apartment will
prohibit the establishment of an accessory residence dwelling. Further,
the accessory use of renting of rooms shall be strictly prohibited
in both the principal and accessory residence dwellings; and the accessory
use of a professional office, studio or home occupation shall be strictly
prohibited in the accessory residence dwelling, or by any occupant
of the accessory dwelling.
H.
Parking.
A.
Transformer stations and customary accessory uses shall be subject to a finding, in addition to all other findings required by § 220-32 that a public necessity exists for a transformer station in the residential area, and that the particular site for which application is made is the least objectionable of possible sites from the public standpoint and takes into consideration future, as well as present, needs.
B.
The lot on which the transformer station is located shall have an
area of at least 10,000 square feet. The station shall be set back
at least 25 feet from all property lines, enclosed by protective fencing
and a gate which shall be closed and locked, except when necessary
to obtain access thereto.
C.
The installation shall be so designed, enclosed, painted or colored
and screened with evergreens that it will be harmonious with the residential
area in which it is located. The entire property shall be suitably
landscaped and maintained in reasonable conformity with the standards
of property maintenance of the neighborhood in which it is located.
[Added 2-17-1998 by L.L. No. 1-1998[1]]
A.
Purpose and intent. The purpose of this section is:
(1)
To establish clear standards for the siting of wireless communication
facilities, buildings and structures, equipment, communication towers,
antenna towers and monopoles.
(2)
To promote the health, safety and general welfare of the residents
of Lewisboro through the establishment of minimum standards to reduce
the adverse visual effect of communication facilities, including but
not limited to transmission towers and antennas, through the use of
advanced technology, careful design, siting and screening and buffering.
(3)
To protect residential areas and land uses and property values
from potential adverse impacts of towers and antennas.
(4)
To encourage the location of communication facilities and communication
towers in areas suitably screened, buffered and adequately separated
from residential uses.
(5)
To minimize the total number of communication facilities and
communication towers throughout the community.
(6)
To encourage the joint use of new and existing communication
tower sites as a primary option rather than construction of additional
single-use communication towers while recognizing that collocation
on higher towers is not always preferable to two less visible, less
obtrusive shorter towers; thereby maximizing the use of existing communication
towers or alternative antenna host sites, while not unreasonably limiting
competition among communication providers or unreasonably limiting
reception of receive-only antennas.
(7)
To require users of communication towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is shown to be minimal.
(8)
To require users of communication towers and antennas to configure
them in a way that minimizes adverse visual, aesthetic and community
character intrusion impacts caused by the installation and view of
communication towers and antennas, through careful design, siting,
landscape screening and buffering, sufficient setbacks to reduce visual
impacts to adjacent properties, and innovative camouflaging techniques
such as alternative tower structures, thereby protecting the physical
appearance of the community and preserving its scenic and natural
beauty.
(9)
To enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently by facilitating the siting of personal wireless communication
facilities.
(10)
To assure the integrity and financial soundness of any communication
facility firm seeking to build a wireless communication facility in
the Town of Lewisboro.
(11)
To consider the public health and safety of communication facilities
and towers.
(12)
To avoid potential damage to adjacent properties from communication
tower failure through careful engineering and appropriate siting of
communication towers.
B.
Regulatory compliance.
(1)
No communication facility shall be located, constructed or maintained
on any lot, structure or land area except in conformity with this
chapter.
(2)
All communication facilities, equipment and devices shall be
securely mounted to withstand the wind loads for the place of installation
in accordance with the New York State Uniform Fire Prevention and
Building Code.
(3)
All communication facilities shall be constructed and maintained
in conformance with all building, electrical, fire prevention and
other applicable codes adopted by the Town.
(4)
All communication facilities shall be in conformity with any
other construction or performance standards (including approved fastening
devices and techniques that ensure proper mounting, approved materials
and methods for electrical connections, adequate structural support,
etc.).
(5)
All communication facilities shall be in conformance with the
rules and regulations of any governmental entity having jurisdiction
over such communication facilities and uses, antenna and/or supporting
structures and towers, including, without limitation, the FCC and
FAA.
(6)
All communication facilities shall be operated and maintained
by an FCC licensee only.
(7)
All communication facilities shall be shown to be necessary
to provide coverage to an area of Town which currently is proven to
include inadequate coverage and that any related communication tower
or antenna is proposed at the minimum height and aesthetic intrusion
possible to provide that necessary coverage. The applicant seeking
to locate a communication facility in the Town of Lewisboro shall
demonstrate the need for new or additional antennas or communication
towers. Such a demonstration shall include a verifiable list of complaints
levied against the FCC-licensed telecommunications service provider
to the Public Service Commission for interruptions which have occurred
in the territory within the Town of Lewisboro targeted for service
enhancement. Service interruptions shall not constitute an acceptable
demonstration of need for service enhancements in the Town of Lewisboro
if they occur:
(a)
Within the confines of Town parks, county parks, reservoirs
or designated critical environmental areas located within the boundaries
of the Town of Lewisboro.
(b)
In an area of the Town able to benefit from service enhancements
being performed or proposed in another political jurisdiction.
(c)
Less frequently than three per month for each month during a
full year, as indicated in the complaint log maintained by the New
York State Public Service Commission.
(8)
All communication facilities, if proposed for placement on a
lot that is within or abuts a residential district, shall prove that
adequate coverage cannot be achieved by siting the facility on a lot
which is not or does not abut a residential district.
(9)
All communication facilities must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state
or federal government with the authority to regulate communication
towers and antennas. If such standards and regulations are revised
or amended, then the owners of the communication facility governed
by this chapter shall have 30 days to bring such communication facility
into compliance with such revised or amended standards and regulations.
Failure to bring the communication facility into compliance with such
revised or amended standards and regulations in the time frame specified
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
C.
Communication facility siting.
(1)
No antenna installation shall be permitted in, or to project
into, any required landscape buffer area as required by this chapter.
(2)
The siting of a communication facility on property owned by
the Town of Lewisboro may be allowed.
(3)
The co-location and sharing of existing or proposed communication
facilities and communication towers for mounting antennas or related
equipment is encouraged and shall be preferred to the construction
of new communication facilities and communication towers. When an
applicant proposes co-location of proposed antennas and communication
facilities on an existing communication tower, building, structure
or base station, the applicant must demonstrate and certify that the
proposed modification constitutes an eligible facilities request that
does not substantially change the physical dimensions of the existing
tower or base station. Any communication tower which is not co-located
shall present and certify evidence as to why co-location is not possible,
including evidence such as follows:
[Amended 2-13-2017 by L.L. No. 1-2017]
(a)
That no feasible host sites or existing communication facilities,
communication towers and buildings or structures are located within
the geographic area which meet the applicant's engineering system
and service requirements.
(b)
That existing communication facilities, communication towers
and buildings or structures are not of sufficient height to meet the
applicant's engineering system and service requirements.
(c)
That existing communication facilities, communication towers
and buildings or structures do not have sufficient structural strength
to support the applicant's proposed communication facility equipment
or antenna.
(d)
That there is an inability to use existing sites in a technologically
feasible manner consistent with the applicant's engineering system
and service requirements.
(e)
That the applicant's proposed antenna would cause electromagnetic
interference with any antenna on the existing communication towers,
buildings or structures, or the antenna on the existing communication
towers or structures would cause interference with the applicant's
antenna.
(f)
That the fees, costs or contractual provisions required by the
owner in order to share an existing communication tower, building
or structure, or to adapt existing communication towers, buildings
or structures for purposes of co-location and sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(g)
That the applicant has demonstrated that there are other limiting
factors that render existing communication towers, buildings or structures
unsuitable.
(h)
That the applicant has demonstrated that alternative technology
or communication facilities which do not require the use of towers
are unsuitable. Costs of such alternative technology or communications
facilities which exceed new tower or antenna development shall not
be presumed to render the alternative technology or communication
facilities unsuitable.
(4)
All antennas shall be mounted in the rear yard or on the roof
of a principal building, unless reception is proven to be inhibited
or where visibility would be increased, and shall comply with the
following, in descending order:
(a)
Unless wall-mounted on an existing roof-mounted mechanical enclosure
or similar appurtenance, any antenna mounted on a roof shall be located
to the rear of the roof center line so that visibility of the installation
is limited to the greatest extent practicable when viewed from the
front yard but in no case shall the height of the antenna exceed the
height of the roof at the point of installation by more than seven
feet in a residential district or 15 feet in a nonresidential district.
An antenna which is wall-mounted on a roof-mounted mechanical enclosure
or similar appurtenance shall not exceed the height of the appurtenance
at the point of installation.
(b)
An antenna located in the rear yard shall be mounted on a secure
supporting structure and shall not exceed 12 feet in total height
in a residential district and 25 feet in height in a nonresidential
district, unless the support structure abuts the principal structure
in which case the total height shall not exceed the height of the
roof at the point of installation by more than seven feet in a residential
district and 15 feet in a nonresidential district.
(c)
If roof or rear yard installation is proven to inhibit reception,
wall mounting shall be permitted in the side yards at least 15 feet
from the front yard, provided that the height of the antenna shall
not exceed the height of the roof line at the point of installation
by more than seven feet in a residential district or 15 feet in a
nonresidential district. Wall mounting in the front yard, and in the
side yard within 15 feet of the front yard, shall be permitted, provided
that the height of the antenna does not exceed the height of the roof
or parapet. A wall-mounted antenna shall be at least 20 feet above
ground level and not project more than two feet into the front yard.
(d)
If the above provisions are proven to inhibit reception and/or transmission, a monopole or antenna tower may be considered, subject to the design requirements set forth in Subsection E. No new communication tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving agency that no existing tower, structure or alternative technology, that does not require the use of towers or structures, can accommodate the applicant's proposed antenna.
D.
Application requirements.
(1)
A full environmental assessment form (EAF), including a visual
EAF addendum, shall be provided. Following review of the EAF and visual
EAF addendum, a visual impact analysis study may be required by the
approving agency to further assess the potential visual and aesthetic
impacts incurred by implementation of the proposed action. The methodology
and scope of study for any visual analysis shall be approved by the
approving agency and shall address potential impacts on nearby viewsheds,
ridgelines, scenic features, historic sites and structures, and community
compatibility issues with nearby land uses.
(2)
A service coverage map and report shall be provided. The service
coverage map shall show and describe all existing and proposed areas
of service coverage relating to the proposed communication facility.
The service coverage map shall locate all existing sites in the Town
and in bordering communities which contain communication towers or
related facilities. A detailed report shall accompany the service
coverage map and shall indicate why the proposed communication tower,
equipment and facility is necessary. The report shall identify locations
within the proposed project site service coverage area which are not,
and could not be, served by either existing facilities, by collocation
or by other development alternatives such as development of facilities
on Town-owned properties, or utilization of alternative technology,
or an alternative tower structure.
(3)
A long-range communication facilities plan shall be provided,
evidencing that the proposed location of the communication facility
and supporting buildings and equipment have been planned to result
in the fewest number of communication transmission tower locations
within the Town of Lewisboro. The plan shall indicate how the applicant
intends to provide service throughout the Town, and how the applicant
plans to coordinate with all other providers of wireless communication
services in the Town of Lewisboro. The plan shall address the applicants
planned and possible location of additional tower sites, additional
antennas, related service area coverage and alternative long-range
plan scenarios that illustrate the potential effects of multiple towers
and tower height, community intrusion impacts and visual and aesthetic
impacts.
(4)
Documentation sufficient to demonstrate that the proposed communication
tower height and bulk is the minimum height and bulk necessary to
provide licensed communication services to locations within the Town
of Lewisboro which the applicant is not able to serve with existing
facilities in the project site area shall be provided, including evidence
that visual, aesthetic and community character intrusion impacts have
been minimized to the greatest extent practicable. Documentation regarding
height and bulk should address any variations in height and bulk necessary
to accommodate collocation of additional antennas and related equipment
and facilities.
(5)
In addition to all other applicable site plan requirements specified
in this chapter, all applications shall include the following:
(a)
A scaled site plan, including elevations and construction details,
showing existing and proposed communication facilities, buildings
and structures.
(b)
Height, width, depth, location and configuration of communication
towers and any supporting guy wires or other supporting or anchoring
devices.
(c)
Material types, colors and lighting.
(d)
Number and type of antennas, including receiving and/or transmitting
equipment.
(e)
Legal description of the subject property or lot and that of
any leased parcel.
(f)
Information about collocated or future communication facilities,
equipment, buildings and structures, or other related facilities,
including the relationship of the height of the communication tower
to the feasibility of collocation of additional communication facilities.
(g)
A written description of the existing setting and how the elements
of the proposed communication facility, communication tower and antenna
are blended into that setting; the design of buildings and related
structures shall use materials, colors, textures, screening and landscaping
which blend them into the existing natural setting and surrounding
buildings and structures.
(6)
A structural engineering safety and compliance report and certification,
prepared by a New York State licensed professional engineer specializing
in structural engineering, shall be provided. The report shall certify
the structural integrity of the proposed communication tower, antenna
and related equipment and facilities. The report shall demonstrate
the compliance of all structures with all applicable standards and
requirements and shall describe the capacity of that structure, including
wind load and the number and type of antennas it can accommodate.
Illustrations shall be utilized as necessary. In the case of antennas
being mounted on an existing tower or structure, the equivalent of
the above-required information shall be provided about the existing
tower or structure.
(7)
An emissions safety and compliance report and certification,
prepared by a New York State licensed professional engineer specializing
in electrical engineering with expertise in radio and cellular telecommunications
regulations, technology and facilities, shall be provided. The report
shall certify the safety of all emissions of the proposed facility
and shall include documentation to address the following:
(a)
Evidence of an FCC license/permit to the grantee/applicant,
including information regarding all related permitting standards and
specifications.
(b)
A copy of the Town of Lewisboro application form.
(c)
The location of the nearest residential structures adjacent
to each property line.
(d)
The location of the nearest occupied structures adjacent to
each property line.
(e)
The location, size, height, construction and operating specifications
of all proposed and existing communication uses and facilities, including:
[1]
The quantity, type (make, model and manufacturer)
and design of any antenna proposed and the basis for the calculations
of capacity.
[2]
The frequency, modulation and class of service
of all communications equipment.
[3]
Transmission and maximum effective radiated power
of any antenna.
[4]
Direction of maximum lobes and associated radiation
of any antenna.
[5]
A description of the proposed antenna and all related
fixtures, structures, appurtenances and apparatus, including height
above grade, materials, color and lighting.
[6]
A map depicting and listing all existing sites
in the Town and bordering communities containing transmitting antenna
used by the operator, owner or applicant.
[7]
Elevation drawings depicting the front, side and
rear of the property, illustrating any proposed antenna, mounting
device and supporting or related structure and building, if any, on
which said antenna is to be mounted or sited.
(f)
Certification that the NIER levels are within threshold levels
adopted by the FCC or any subsequent superseding emission standard
adopted by the FCC, based on the maximum equipment output.
(g)
Certification that any antenna will not cause interference with
existing communication devices.
(h)
An industry-approved propagation model using applicable contour
biases.
(8)
The location and configuration of all existing and proposed
site access driveways, including the construction details indicating
the length, width, grading, drainage and driveway profile and proposed
surface material, shall be described and mapped. Any fence or gate
related to the site access driveway shall be shown, including provision
for police, fire or emergency vehicle access to the site and facilities.
(9)
A detailed landscape plan shall be provided showing existing
and proposed vegetation, including areas to remain undisturbed; specimen
trees of six inches in diameter at breast height (dbh) or larger;
the height of the surrounding tree line; vegetation to be removed;
walls and fences; the location, quantity, type (scientific and common
name), installation size and root conditions of proposed plantings;
and installation details of all proposed plantings. The landscape
plan shall illustrate how proposed plantings, fences and walls will
provide required screening and buffering.
E.
Design requirements for all communication towers, antenna towers
or monopoles.
(1)
Height and service coverage. Any proposal for a communication
tower, antenna tower or monopole shall prove that the height is the
minimum necessary for adequate reception and transmission to meet
the applicant's service coverage needs and does not exceed 120 feet.
[Amended 7-14-2008 by L.L. No. 1-2008]
(2)
Alternatives. No fewer than three alternatives for providing effective service coverage shall be presented. Proposals that incorporate use of existing towers, structures or existing utility lines shall be considered a collocated facility, as set forth in Subsection C. Any proposal which minimizes visual impacts shall be considered a preferred alternative. An applicant shall have the responsibility to prove that an alternative which reduces impacts is not feasible.
(3)
Provision for additional antennas. The approving agency may
require that a communication tower, antenna tower or monopole be designed
structurally, electrically and in all respects to accommodate both
the applicant's antenna and comparable antennas for at least two additional
users or service providers. All such communication towers must be
designed to allow for future rearrangement of the antennas located
upon the tower and to accept antennas mounted at varying heights.
(4)
Setbacks. All communication towers, antenna towers or monopoles
shall be set back and separated from all property boundary lines of
the lot on which they are located by a distance equal to the height
of the tower plus the distance of the corresponding minimum yard setback
(from street center line and front, side and rear lot lines) as set
forth in the Schedule of Dimensional and Bulk Regulations for Residential
and Nonresidential Districts.[2] The separation area shall be landscaped to provide effective
all-season screening and buffering which reduces visual, aesthetic
and community character intrusion impacts on adjacent properties,
the surrounding neighborhood, and on distant viewsheds and scenic
areas. Alternative tower structures shall be utilized where possible
and shall be preferred to typical tower installations.
[Amended 7-14-2008 by L.L. No. 1-2008]
[2]
Editor's Note: The schedules are included at the end of this
chapter.
(5)
Landscaping. All communication facilities shall provide landscaping
as follows:
(a)
All communication towers shall be located and designed to have
the least possible adverse visual and aesthetic effect on the environment.
(b)
The area surrounding the installation, other than the area necessary
to maintain a clear line of site to the signal source, shall be landscaped
and maintained with trees, shrubs and ground cover to maximize screening
and visual buffering. An existing natural vegetative buffer which
meets or exceeds the above requirements may be substituted or enhanced
for said requirements.
(c)
Screening and buffering utilizing trees of a minimum height
of 15 feet at planting and at a density that will, over time, reduce
visual impacts resulting from the installation of said facility shall
be provided.
(d)
The outside of security fencing shall be screened with evergreen
shrubs, trees or climbing evergreen material on the fencing.
(e)
The base of any communication tower and any accessory structure
shall be effectively screened using primarily vegetative screening,
including a continuous evergreen screen planted in a natural setting
and consisting of native plant species. Existing vegetation shall
be preserved to the maximum extent practicable. Additional plantings
shall be required, as necessary, to screen, and buffer all structures
from nearby properties or important viewsheds or scenic areas. All
landscaping shall be properly maintained to ensure continued screening
and buffering.
(6)
Security and safety fencing. Security and safety fencing shall
be located around all communication towers, equipment and related
facilities to restrict unauthorized access. Access to all structures
shall be through a locked gate or principal building. Fencing shall
be designed to minimize visual and aesthetic impacts and shall be
equipped with appropriate anti-climbing devices. Failure to maintain
said security and safety fencing in an appropriate manner shall be
grounds for immediate revocation of all permits and certificates of
use by the Building Inspector. In addition:
(a)
All communication towers, antenna towers or monopoles and other
supporting structures shall be made inaccessible to nonauthorized
persons, particularly children, and shall be constructed or shielded
in such a manner that they cannot be climbed.
(b)
All transmitter controls that could cause the transmitter to
deviate from its authorized operating parameters shall be designed
and installed in such a manner that they are readily accessible only
to persons authorized by the licensee to operate or service them.
(c)
All transmitters used with in-building radiation systems shall
be designed in such a manner that, in the event that an unauthorized
person does gain access, that person can not cause the transmitter
to deviate from its authorized operating parameters in such a way
as to cause interference to other stations.
(d)
All transmitters (other than hand-carried or pack-carried mobile
transmitters) and control points shall be equipped with a visual means
of indicating when the control circuitry has been put in a condition
that should cause the transmitter to radiate.
(e)
All transmitters shall be designed in such a manner that they
can be turned off independently of any remote control circuits.
(7)
Coloring and marking. Unless otherwise required by the FAA or
FCC, all communication facilities, including antenna and communication
towers, shall be colored, camouflaged and/or shielded to blend with
surrounding areas, provided that such coloring, camouflage or shielding
does not inhibit their effectiveness. The painting or marking of such
facilities shall have a finish or coloring which will minimize visual
and aesthetic impacts. Towers and all appendages shall generally have
a galvanized finish and shall be painted gray or blue gray, or some
other finish or color that is shown to be visually unobtrusive.
(8)
Signals and lights. No communication tower, antenna tower or
monopole shall include any signals, lights or illumination unless
required by the FAA or other applicable authority. The applicant shall
provide evidence mandating any requirement for lighting. If lighting
is required, said lighting shall be shown to cause the least disturbance
to surrounding properties and views. Any lighting necessary for accessory
structures or buildings shall be minimized and shall be properly shielded
to prevent light emission and glare onto adjacent properties.
(9)
Signage. No signs, including advertising signs, shall be permitted
on any antenna, communication tower, antenna tower or monopole or
antenna support structure, except as follows:
(a)
Signs specifically required by a federal, state or local agency.
(b)
Each site shall include a sign containing the name of the owner
and operator of any antenna present, including an emergency phone
number. In addition, any door having access to a roof-mounted antenna
and all entrances to the fenced enclosure shall be similarly signed.
F.
Operational certification.
(1)
Within 45 days of initial operation or modification of a communication facility, communication tower, antenna tower or monopole, the owner or operator shall submit to the Building Inspector a written certification by a professional engineer, with the qualifications set forth in Subsection D, that the operating facility is in compliance with the application submitted, any conditions imposed and all other provisions of this chapter, in order to continue operations past the forty-five-day period.
(2)
The Town may confirm and periodically reconfirm compliance as
necessary to ensure that the provisions of this chapter, including
NIER level thresholds, are in compliance.
(3)
If any approved communication facility is found not to be in
compliance, said communication facility shall immediately cease operation.
(4)
A yearly inspection on emissions and structural soundness shall
be submitted in writing to the Antenna Advisory Board and the Building
Inspector.
G.
Interference.
(1)
No permit shall be issued for any transmitting antenna which
interferes with the reception or transmission of any preexisting FCC-approved
communication device or antenna which complies with current FCC standards
and requirements.
(2)
If interference results from the operation of any newly approved
transmitting antenna, the owner or operator of that most recently
installed antenna shall immediately eliminate the interference or
cease operation of the facility.
(3)
Failure to correct or eliminate the interference shall be subject
to the immediate revocation of any and all operating permits, including
any special permit, as issued by the Town of Lewisboro.
H.
Alterations, amendments and waiver of application requirements.
[Amended 7-14-2008 by L.L. No. 1-2008; 2-13-2017 by L.L. No. 1-2017; 5-21-2018 by L.L. No. 5-2018]
(1)
Alterations. Applications for alterations to an approved communication
facility or communication tower shall be made to the Building Department.
(a)
If the Building Department determines that the proposed alteration
constitutes an eligible facilities request as defined in 47 U.S.C.
§ 1455, it shall act upon the application.
(b)
If the Building Department determines that the alteration does not constitute an eligible facilities request as defined in 47 U.S.C. § 1455, it shall refer the application to the Planning Board for review and action. In acting upon such an application, the Planning Board shall apply the standards set forth in this § 220-41.1, unless waived.
(c)
Existing, and approved, communication facility ground equipment
may be upgraded, replaced or added to, provided same can be accommodated
within an approved fenced-in facility compound, building or structure.
Such a facility alteration shall be exempt from the requirements of
special permit approval, provided it does not include the construction
of any new accessory buildings, structures greater than eight feet
in height, fencing, or other site improvements involving grading,
vegetation removal or new land disturbances.
(d)
No alteration to an approved communication facility or communication
tower shall be permitted or approved where such alteration would result
in displacement of or the inability for co-location by an additional
service provider.
(2)
Amendments. Applications to amend a special permit for an approved
communication facility or communication tower to allow co-location
of equipment for an additional service provider shall be made to the
Building Department.
(a)
If the Building Department determines that the proposed amendment
involves an eligible facilities request as defined in 47 U.S.C. § 1455,
it shall act upon the application.
(b)
If the Building Department determines that the proposed amendment does not constitute an eligible facilities request as defined in 47 U.S.C. § 1455, it shall refer the application to the Planning Board for review and action. In acting upon such an application, the Planning Board shall apply the standards set forth in this § 220-41.1, unless waived.
(3)
Waiver. If an application is subject to Planning Board approval, the Planning Board may waive, upon the request of the applicant and subject to appropriate circumstances, any application requirements under § 220-41.1 which, in its judgment of the specific circumstances of a particular application or site, are not requisite in the interest of the public health, safety and general welfare.
I.
Registration.
(1)
The Town of Lewisboro Building Department shall maintain a list
of the names and addresses of all operators and the type and maximum
emissions of all communication facilities and all other antennas granted
a special permit or variance.
(2)
If the name or address of the owner or operator of any communication
facility or communication tower is changed, the Building Department
shall be notified in writing by the operator of the change within
30 days of said change.
J.
Removal.
(1)
Any antenna, communication facility, communication tower, antenna
tower or monopole, including any supporting structure and related
appurtenances, or part thereof that is not used for a period of six
months in any twelve-month period shall be removed by, and at the
expense of, the owner of the property or the operator of said facility.
(2)
An extension of an additional six months may be granted by the
Building Inspector upon submittal of a written request for said extension,
including proof as determined reasonable by the Building Inspector
that the owner is actively engaged in the marketing of the property
for sale or rent.
K.
Exemptions.
(1)
The following devices and sources of nonionizing electromagnetic
radiation are exempt from the above provisions and shall be permitted
in all residential and nonresidential zones:
(a)
Machines and equipment designed and marketed as consumer products,
such as walkie-talkies, remote control toys and cellular telephones.
(b)
Hand-held, mobile, marine and portable radio communication transmitters
and/or receivers.
(c)
Two-way radio utilized for temporary or emergency service communications.
(d)
Two-way radio utilized for governmental service communications.
(e)
Maintenance or repair of a conforming or legal nonconforming
antenna, provided that such action is in compliance with this chapter.
(f)
Backup wireless transmitters connected to an alarm monitoring
service that transmits to a remote monitoring center in the event
of an emergency when the telephone lines are inoperable.
(g)
Towers and antennas for amateur radio services, state and Town
of Lewisboro Police and Highway Department, and Town emergency services,
fire and ambulance, which are constructed, installed and in service
at the time of the adoption of these regulations. Any modifications
to said installations shall be subject to the provisions set forth
herein.
(h)
Provided that the applicant has met all preliminary requirements to be able to submit to the Town of Lewisboro Planning Board, and provided there is an application pending before the Planning Board for approval of a cell tower, then in such case temporary communication facilities, including, without limitation, a cell-on-wheels or cell-on-light-truck, shall be permitted by the applicant that submitted such application to the Planning Board on the subject parcel, in accordance with this section. If the applicant desires to install a temporary communication facility, then the applicant shall submit an application to the Town Board for a temporary communication facility, and the Town Board shall then determine whether the applicant has demonstrated a significant need for a temporary communication facility. If the Town Board determines that there is a significant need for the temporary facility, then the applicant may apply for a building permit under § 220-75 hereof and shall require no other permits therefor. The Town Board may impose such conditions as it deems necessary with respect to such temporary facility, which may include requirements relating to safety, fencing, access, noise, interference and appearance. However, the Town Board, prior to making a determination, may refer the matter to the Planning Board if the applicant proposes substantial physical alterations to the subject property in connection with the temporary facility, in which case Planning Board approval shall be required for such alterations to the parcel, which approval shall be required prior to the applicant's eligibility to place a temporary facility on the parcel pursuant to this section. The cell-on-wheels or cell-on-light-truck shall be permitted to remain for a period of six months, which period may be extended for an additional six months upon approval and determination by the Town Board that the significant need is continuing, and upon an extension of any permits issued by the Town of Lewisboro relating to such temporary facility. It is further required that in order to obtain any extensions of time hereunder, the application before the Planning Board has been diligently pursued by the applicant. For the purposes of this section, "significant need" may include the need to provide continuous wireless telephone service to any area of the Town, whether caused by an existing lack of coverage or area of inadequate coverage, a special event or circumstance, or repair or modification of an existing wireless telephone communication system. However, purely economic convenience shall not be considered a viable factor in making this determination.
[Added 10-25-2010 by L.L. No. 2-2010]
(i)
Upon a determination by the Supervisor of an emergency status, a temporary communication facility, including, without limitation, a cell-on-wheels or cell-on-light-truck, shall be permitted by issuance of a building permit under § 220-75 hereof, which use shall not exceed 30 days unless extended by the Town Board for further thirty-day periods upon a finding of continued emergency status. An emergency status shall be as defined in the Town of Lewisboro Comprehensive Emergency Management Plan, as amended from time to time by the Lewisboro Town Board.
[Added 10-25-2010 by L.L. No. 2-2010]
L.
Existing installations.
(1)
The current operator of any communication facility or communication tower, antenna tower or monopole existing at the time that these regulations take effect shall be permitted to remain in operation, provided that the operator submits proof within six months of the enactment of these regulations that a valid building permit was issued for the facility and that the facility complies with current emission standards as recommended by the FCC, as certified by a professional engineer with the qualifications set forth in Subsection D.
(2)
Any legal nonconforming communication facility or communication tower shall be permitted to remain until such time as said use and facility is altered as defined in Subsection H.
(3)
Any facility for which emission and security compliance documentation
is not received, shall cease operation within six months of the enactment
of these regulations and shall be immediately removed thereafter.
[1]
Editor's Note: This local law also provided that limits for
maximum possible exposure (MPE) shall comply with FCC standards.
In accordance with the purposes of this chapter, as set forth in Article I hereof, and in furtherance of the policy of the State of New York to deinstitutionalize those persons cared for in their natural homes which are designed to give an outwardly similar appearance to other one-family dwellings, the following regulations shall apply to agency-operated boarding homes or group homes:
A.
Minimum lot area. The minimum lot area required for the establishment
of an agency-operated boarding home shall be the same as that required
for other dwellings in the district in which it is located. For a
group home, the minimum lot area requirement shall be increased by
15% for each person in excess of six, up to the maximum permitted
number of 12.
B.
Spacing. For purposes of furthering the state's dispersal and deinstitutionalization
policy, to prevent the undue concentration of agency-operated boarding
homes and group homes in any one area and to preserve the social as
well as the physical character of one-family residential neighborhoods,
no new agency-operated boarding home or group home shall be established
within two miles of any existing agency-operated boarding home or
group home.
C.
Off-street parking. A minimum of one off-street parking space shall
be provided for each staff member on the premises, plus two off-street
parking spaces for visitors, plus such additional off-street parking
space as may be deemed appropriate by the Zoning Board of Appeals.
D.
Other information. In addition to all other normally required items
of information, the following additional documentation shall also
be submitted with the special permit application:
(1)
A copy of the operating certificate issued by the New York State
Board of Social Welfare or the Department of Mental Hygiene, including
any conditions and requirements attached hereto.
(2)
Copies of all correspondence between the applicant and the State
of New York with respect to the proposed facility.
(3)
A complete statement of the proposed type, number, age and permanency
of residence of the persons to be cared for and the number and qualifications
of both resident and nonresident adult supervisory personnel.
(4)
A complete statement of the applicant's plans for the social and
economic integration of the projected residents into the community,
including their educational, employment and recreational needs, transportation
and service requirements and any other such information as may be
relevant to the application and determined necessary by the Zoning
Board of Appeals.
(5)
A vicinity map indicating the location of the proposed facility in
relation to other existing agency-operated boarding homes, group homes
or other similar types of care facilities within a radius of two miles
of the subject site.
(6)
Evidence of approval from the Westchester County Health Department.
E.
Changes. Any change in the nature, size or type of operation from
that originally approved shall be subject to a complete new application
to the Board of Appeals in accordance with the same standards and
procedures as required for the original application.
[Added 12-10-2007 by L.L. No. 4-2007]
In addition to all other applicable standards and requirements
as set forth in this chapter, limited-service carry-out restaurant
establishments with more than 10 seats shall only be permitted upon
property within either the RB Retail Business District or GB General
Business District, provided that:
A.
The total building floor area shall not exceed 2,000 square feet
in gross floor area.
B.
The exterior and interior architectural and physical design of the
establishment, including but not limited to the facade, signage, and
fixtures, shall not include standardized decor elements, coloring,
motifs or layouts.
C.
The floor area devoted to food and beverage preparation shall not
exceed 25% of the total gross floor area.
D.
The total floor area devoted to customer service and interior seating
shall not exceed 50% of the total gross floor area.
E.
Drive-up or walk-up window service facilities shall not be permitted.
F.
Internally illuminated signage shall not be permitted.
G.
If located on a multitenant property, all exterior architectural
elements, signage and lighting shall be integrated in a consistent
and coordinated style, design and construction.
H.
Properly designed and maintained refuse and recycling containers
shall be provided within and on the exterior of the establishment
by the operator. Said containers shall be maintained at all times
to keep all areas free and clear from garbage, trash and other debris.
Such containers shall be of an appropriately durable material and
of a design which is aesthetically consistent with the prevailing
design theme of the premises and neighboring properties. Appropriate
odor, insect and vector controls shall be employed. The containers
shall be emptied on a regular basis, and exterior containers shall
be moved indoors at the end of each business day.
[1]
Editor's Note: Former § 220-43, Helistops, was repealed
12-12-1995 by L.L. No. 7-1995.
[Added 8-13-1991]
The purpose of this section is to help create a more gradual transition from Retail Business and General Business Districts to specified residential districts by allowing certain limited types of professional offices as principal uses in existing buildings on appropriate sites, provided that they are designed in a manner which will help to preserve and enhance the residential character of such areas. Professional office uses which will not harmonize with or would be detrimental to the residential character of these areas are not to be permitted. The following specific standards would apply to such uses, in addition to the general criteria in Article V:
A.
Professional offices as principal uses in residence districts shall
be limited to uses meeting the Zoning Ordinance definition of a professional
office,[1] with the following exceptions:
(1)
Veterinarians' offices are expressly prohibited due to the potential
for adverse noise, odor and other impacts upon residential areas.
(2)
Real estate offices are expressly prohibited due to the potential
for adverse traffic impact and the likelihood of intensity of use
on weekends in residential areas.
B.
Such professional office uses shall be permitted only when the following
site conditions are met:
(1)
There must be a distance of not more than 100 feet between the
lot upon which the use is proposed to be located and the boundary
of a Retail Business (RB) or General Business (GB) District. This
includes lots located across a New York State highway. This distance
shall be measured on the Town of Lewisboro Tax Maps from the property
line of the subject site closest to the RB or GB District and the
zoning district boundary as shown on the Zoning Map of the Town of
Lewisboro, New York.[2] Where uncertainty exists, § 220-5 of this chapter, Interpretation of district boundaries, shall be utilized.
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
(2)
The lot must have frontage upon and have an existing driveway
onto a New York State highway.
(3)
The residential zoning district in which the lot is located
must be contiguous to a Retail Business or General Business District.
(4)
The lot area must meet the minimum requirements for the residence
district in which it is located.
(5)
The structure in which the proposed professional office is to
be located must be the principal residential structure on a site.
The professional office as a principal use may not in any circumstances
be located in an accessory building or outbuilding such as a barn,
kennel, garage or shed.
C.
The professional office use must be located in a building which existed prior to September 1, 1991. The exterior character of the building and design of the site shall be such that it will harmonize with the residential character of the district in which it is located. Buffer area requirements found in § 220-15B of this chapter shall apply to all applications for this use.
D.
The following requirements for the existing driveway onto a New York
State highway must be met:
(1)
The driveway onto a New York State highway must have existed
on September 1, 1991. It is the express intent of this requirement
that absolutely no new driveways are established onto New York State
highways.
(2)
Existing sight distance must be determined as part of the application.
Any deficiency in existing sight distance as determined by the Planning
Board, Highway Superintendent, Town Engineer or New York State Department
of Transportation must be resolved to the satisfaction of the Planning
Board. In reviewing needed improvements to obtain adequate sight distance,
the Planning Board must consider the aesthetic impacts such improvements
would have on the character of the site and the neighborhood.
(3)
The slope, length and condition of the existing drive shall
be reviewed by the Planning Board in determining the appropriateness
of approving a professional office use. The Planning Board may require
improvements to the drive as a condition of the special use permit.
(4)
Generally, the driveway should be an individual driveway with
no separate easement, common driveway agreement or shared right-of-way
for any other lot. The Planning Board may allow exceptions to this
requirement if the following conditions are met:
(a)
The professional office use will harmonize with the use of the
adjoining properties using the common driveway or right-of-way.
(b)
The applicant provides sufficient information on any agreement
or easement providing right of access, including the number of users,
maintenance provisions and restrictions on limitations of use contained
therein, to enable the Planning Board to evaluate the effects of the
proposed professional office.
(c)
Any input of the landowners sharing the right-of-way or easement
shall be duly considered by the Planning Board prior to granting a
special permit for a professional office for a structure to be accessed
via a common or shared driveway, easement or right-of-way.
E.
The following off-street parking requirements shall be met:
(2)
All off-street parking shall be provided to the rear of the
building in which the professional office use is located, except that,
where determined appropriate by the Planning Board based upon existing
building setbacks, topography and/or screening, some or all of the
required parking may be located in a side or front yard.
(3)
All off-street parking areas shall be screened from neighboring
residential properties to the extent determined appropriate by the
Planning Board.
F.
There shall be no external evidence of the professional office except for signage in accordance with Chapter 185, Signs.
[Amended 2-23-1993 by L.L. No. 5-1993]
G.
The proposed extent of alteration of a structure, including any changes
necessary to comply with the New York State Uniform Fire Prevention
and Building Code, shall be presented to the Planning Board. Structures
are not to be significantly enlarged, expanded or otherwise significantly
altered externally. The Planning Board will consider the following
criteria in reviewing applications that would involve interior or
exterior alterations:
[Amended 3-10-1992 by L.L. No. 2-1992]
(1)
The extent to which the external appearance of the site will
change.
(2)
The potential impact upon the residential character of the structure
and immediate vicinity.
(3)
The extent to which alterations are required to meet Building
Code requirements.
(4)
The increases in traffic generation and intensity of use likely
to be experienced.
H.
The proposed structure must be found by the Planning Board to be
principally oriented towards a New York State highway, rather than
an existing residential street, or otherwise be removed from a New
York State highway neighborhood.
I.
In approving the issuance of a special permit for a professional
office use, the Planning Board may limit the hours of operation and
may establish such other requirements which would control intensity
of use or which it determines to be necessary or appropriate to minimize
the potential impact of such use upon neighboring residential properties
and public streets.
[Added 3-19-2009 by L.L. No. 2-2009]
A.
Findings and purpose.
(1)
The Town hereby finds that the preservation of open space in
its natural condition and the promotion of public understanding, awareness
and appreciation of the natural environment make important contributions
to the quality of life in the Town, and the Town welcomes the contribution
to the achievement of that goal made by private not-for-profit efforts
supplementing those of public agencies.
(2)
The Town finds further that it is necessary to achieve compatibility
between the activities normally carried on by organizations entrusted
with the task of running nature preserves and providing related environmental
and agricultural education programs and the residential uses in their
vicinity.
B.
Site standards. The following site standards shall apply to all private
nature preserves:
(1)
Minimum lot size. No lot consisting of fewer than 10 acres of
land shall qualify for a private nature preserve.
(2)
Access. A lot containing a private nature preserve may be located on a public or private street, provided that said street has direct access to a state highway or major street, as defined under § 195-11 of the Town's Subdivision Regulations, or collector road, as defined in the Town's Master Plan.
(3)
Permitted accessory uses: any accessory use determined by the
Planning Board to be customarily incidental to a private nature preserve.
Customary incidental accessory uses shall include, but are not limited
to, administration buildings, maintenance buildings, education and
research areas, animal enclosures, storage buildings, and dwelling
units for the founder, manager, or for employees of the private nature
preserve, except that no more than two dwelling units per 10 acres
of land shall be permitted.
(4)
Fencing, landscaping, and buffers. The Planning Board shall
determine appropriate forms of fencing, landscaping or other buffering
techniques to mitigate noise, glare, visual, and other potential adverse
impacts.
(5)
All wetlands shall be delineated or verified in accordance with Chapter 217 of the Code of the Town of Lewisboro and the applicant shall demonstrate how the waste of those animals under care will not impact groundwater and wetlands, watercourses, or water bodies located on or adjacent to the site.
C.
Traffic controls. At a minimum, the Planning Board shall consider
the following:
(1)
Preserve staff to provide for the control of traffic coming
to and leaving the site during functions that produce traffic in excess
of customary daily traffic conditions.
(2)
The use of buses and/or vans to provide transportation to and
from the site. The Planning Board shall consider and may regulate
the quantity, type and size of vehicles entering and exiting the site.
(3)
The Planning Board may recommend to the Town Board that on-street
parking in the vicinity of the private nature preserve be limited,
reduced, or eliminated.
(4)
The location and design of off-street parking spaces shall be consistent with Article VII of this chapter; however, the number of spaces required shall be determined by the Planning Board. In determining the minimum spaces to be provided, the Planning Board may require the applicant to submit a parking needs study.
D.
Approvals required. The Planning Board may condition its approval
upon the applicant's obtaining all other required local, county, state,
and/or federal permits or approvals, including, but not limited to,
any approvals or permits from the United States Department of Agriculture,
the New York State Department of Environmental Conservation, Division
of Fish, Wildlife and Marine Resources, and the United States Fish
and Wildlife Service.
E.
Conditions of operation.
(1)
Programs. The Planning Board may establish conditions, including,
but not necessarily limited to, hours of operation, maximum number
of visitors, maximum number of programs per day, minimum time interval
between programs and/or the starting times thereof, traffic controls,
and notification requirements.
(2)
All activities shall be operated pursuant to Code of the Town
of Lewisboro and the conditions of the special use permit. Upon failure
to do so, the special use permit may be rescinded by the Planning
Board, after a public hearing thereon, at which time the permit holder
shall have an opportunity to be heard.
F.
Inspection. The Planning Board or its representatives shall be entitled,
upon reasonable notice to the permit holder, to conduct inspections
of the facility to ensure compliance with the special use permit.
G.
Term of permit; renewal and amendment. The special use permit shall
be issued for an initial term of two years and shall thereafter be
renewed every five years. The special use permit may be renewed or
amended by the Planning Board any time prior to the expiration of
said permit upon receipt of a written request from the permit holder
or the owner of land. Renewals and/or amendments shall be acted upon
by the Planning Board in the same manner as would be required for
a new special use permit. A renewal shall not be granted if the Planning
Board finds that the permit holder has not substantially complied
with the originally approved special use permit.
H.
Records. Program registration and scheduling records, in either paper
or digital form, shall be maintained by the permit holder for a minimum
of five years and shall be available for inspection by the Town or
its representatives upon reasonable notice to the permit holder and
during normal business hours.
I.
Following the effective date of this section, any existing private
nature preserve that requires a special use permit as a result of
the adoption of this section shall have 90 days within which to apply.
Any application duly filed and diligently pursued by the applicant
shall stay the enforcement of any proceeding by the Town with respect
to the use of the property which is the subject of the application.
[Added 6-15-2015 by L.L.
No. 3-2015]
A.
Purpose. It is the specific purpose and intent of this provision
to address the need of residents to locate convenient accommodation
for visitors, to provide local accommodation for short-term visitors
to the community, to encourage preservation of large older dwellings
by providing a cost-effective alternate or adaptive use that can relieve
the maintenance burden on the owners of such buildings and to encourage
the preservation of large residential lots and their open space character
by permitting an alternative use consistent with the residential character
of the community. Furthermore, it is the purpose and intent of this
provision to provide economic support for present resident families,
to protect and preserve property values, to ensure healthy and safe
living conditions and to have more effective regulation and control
of Town growth and development. In furtherance of these purposes,
specific conditions are set forth herein for bed-and-breakfast establishments.
B.
Bed-and-breakfast establishments shall be special uses as follows:
(1)
In addition to the specific requirements set forth herein, the
property and the principal and accessory structures located thereon
shall conform to the lot area, yard and other requirements for the
zoning district in which the property and structures are located unless
a variance therefor shall have been granted by the Board of Appeals.
(2)
The building housing a bed-and-breakfast establishment shall
be an existing, detached single-family dwelling, and its use as a
bed-and-breakfast establishment shall not conflict with its appearance
or function as such.
(3)
The minimum lot size on which a bed-and-breakfast establishment
may be located is two acres. A bed-and-breakfast establishment may
be permitted on a lot with a smaller area only if such lot is located
in a nonresidential district, the Planning Board finds that a bed-and-breakfast
establishment can be adequately accommodated within the existing principal
dwelling building, that it will not overburden the property, and that
it will be a use compatible with the surrounding properties.
(4)
The owner of the lot upon which the bed-and-breakfast establishment
is to operate shall occupy and maintain the bed-and-breakfast establishment
as his/her primary legal residence. The owner of the lot must reside
in the premises at the time rooms are being used by guests.
(5)
The maximum number of bedrooms that may be available to overnight
guests shall be three bedrooms. The Planning Board shall be responsible
for determining and limiting the number of bedrooms in each dwelling
in connection with its review of the special use permit application.
(6)
Guests in such bed-and-breakfast establishment may reside in
such establishment for a maximum of three nights. The maximum occupancy
of each guest room in the bed-and-breakfast establishment shall be
two adults and their minor children, as long as such occupancy is
in compliance with the New York State Uniform Fire Prevention and
Building Code.
(7)
Meal service shall be limited to a morning meal served to overnight
guests of the bed-and-breakfast establishment only.
(8)
There shall be one price per night for overnight guests of the
bed-and-breakfast establishment, which price shall include the morning
meal.
(9)
No fewer than one off-street parking space shall be provided
per bedroom designated as available for overnight guests. Said parking
shall be in addition to the parking required by this chapter for the
single-family dwelling use. The Planning Board shall be responsible
in connection with its review of the special use permit application
for determining that the required number of parking spaces can be
provided in a safe manner on the subject lot so as to not establish
a nuisance or burden for adjacent and surrounding lots.
(10)
Evidence of the approval of the proposed method and adequacy
of water supply and sewage disposal shall be obtained from the Westchester
County Department of Health.
(11)
The special use permit shall be granted for a period of three
years and may be renewed for additional three-year periods. An application
for, and a renewal of, the special use permit shall be made to the
Building Department on a form provided by the Building Department
for such purpose, and by payment of a fee in an amount set forth in
a fee schedule as adopted and as may be amended from time to time
by resolution of the Town Board. The Building Department, after receiving
the completed application and fee, shall reissue the special use permit
if inspection of the premises finds it to be in compliance with all
applicable codes including the New York State Uniform Fire Prevention
and Building Code, the requirements of this section and the provisions
of the original special use permit approval. If the Building Department
finds that the property is not in compliance with all applicable codes
including the New York State Uniform Fire Prevention and Building
Code, the requirements of this section and the provisions of the original
special use permit approval, then the Building Department shall refer
the application to the Planning Board for action.
(12)
Each property for which a special permit has been issued for
use as a bed-and-breakfast establishment is subject to periodic inspections
by the Building Department and Fire Inspector to ensure continued
compliance with all applicable codes, including the New York State
Uniform Fire Prevention and Building Code, the requirements of this
section and the provisions of the original special use permit approval.
Such inspections shall be conducted at least annually, and may be
conducted more frequently if the Building Department or Fire Inspector
reasonably suspects that more frequent inspections are necessary to
ensure the safety of the bed-and-breakfast establishment.
(13)
If any inspection of the property and dwelling by the Building
Department or Fire Inspector for the purpose of ensuring compliance
with the provisions of this section is refused by the owner, when
said inspection occurs at any reasonable time during daylight hours,
or if the continuing conditions of the special use permit are violated,
the special permit shall be subject to revocation after a hearing
by the Planning Board at which the permit holder is provided an opportunity
to be heard.
(14)
When during the review of an application the Planning Board
finds that significant site work will be required to increase parking
areas, to enlarge subsurface sewage disposal areas or to otherwise
alter the physical site conditions, the Planning Board shall require
the submission of a site plan which shall be processed concurrently
with the application for a special use permit. In all other situations,
site plan approval by the Planning Board shall not be required.
[1]
Editor’s Note: Former § 220-43.3, Riding academies,
added 7-29-2013 by L.L. No. 7-2013, was repealed 11-7-2013 by L.L.
No. 10-2013.
[Added 2-22-2016 by L.L.
No. 2-2016]
A.
Purpose. The purpose and intent of this section is to allow an accessory
building, specifically a private garage or shed, to be constructed
or placed on a lot located proximate to or across the street from
the principal building to which it shall serve. This section is intended
to provide some relief to homeowners when it is determined that the
principal building lot cannot reasonably accommodate an accessory
building.
B.
The construction or placement of an accessory building on a lot located
proximate to or across the street from a principal building shall
require a special use permit and shall only be authorized when all
of the following conditions are satisfied:
(1)
The principal and accessory building lots shall be in the same
ownership and shall be accompanied with a deed restriction establishing
that the accessory building lot can only be conveyed with the parcel
on which the principal building is located.
(2)
The location of the accessory building lot shall meet one of
the following criteria:
(a)
The accessory building lot shall be located immediately opposite
and across the street from the principal building lot. For the purposes
of this section, "immediately opposite" shall mean that a straight
or diagonal line can be drawn through the street line of both lots
without intersecting another lot, other than that associated with
the street right-of-way.
(b)
The accessory building lot shall be located not more than 20
feet from the principal building lot. This provision shall only apply
when the two building lots are separated by one or more lots that
are under different ownership and therefore cannot be merged.
(3)
Both the accessory building lot and the principal building lot
shall be located within a residential district.
(4)
The construction or placement of an accessory building on a
lot located proximate to or across the street from the principal building
shall only be permitted when it is demonstrated that the principal
building lot does not presently contain or cannot reasonably accommodate
the accessory building.
(5)
Accessory buildings authorized under this section shall be limited to private garages and sheds, subject to § 220-23D, Permitted accessory uses, of this chapter.
(6)
A maximum of one accessory building shall be allowed on the
accessory building lot.
(7)
The accessory building and accessory building lot shall be suitably
developed to complement the principal building and principal building
lot.
(8)
The use of the accessory building shall be clearly incidental to and customarily found in conjunction with the primary residential building to which it serves. The use of the accessory building shall not include any activity commonly conducted for gain, with the exception of home occupation, subject to § 220-23D(1).
(9)
The outdoor storage of vehicles, trailers, boats, campers, motor
homes, equipment, materials, or refuse shall be prohibited on the
accessory building lot; all matter shall be stored within a fully
enclosed building.
(10)
In cases of private garages intended for the indoor parking
of vehicles, no garage shall be approved where the vehicle must back
out into a street to exit; provisions shall be made so that the vehicle
can turn around on the accessory building lot before exiting the lot.
(11)
The accessory building shall not contain a bathroom nor shall
it contain plumbing facilities; the accessory building lot shall not
contain a well that is subject to Westchester County Department of
Health rules and regulations.
(12)
All proposed utilities serving the accessory building shall
be installed underground.
[Added 6-11-2018 by L.L.
No. 6-2018]
Educational uses as defined in this chapter shall be special
uses as follows:
A.
Location. The special use listed in this section may be permitted
in a residence district only in locations fronting on or having direct
access to major or collector roads as determined by the Planning Board.
B.
Minimum lot area. The minimum lot area required for the establishment
of an educational use shall be as required in the zoning district
in which the lot is located.
C.
Setbacks. All new buildings shall be set back from adjoining properties
in residence districts and street lines directly opposite properties
in residence districts a distance equal to at least twice the normally
applicable front yard setback requirement for detached one-family
dwellings in the zoning district in which they are located, but in
no case less than 50 feet. Off-street parking areas shall not be permitted
in any required front yard, nor in any required side or rear yard
within 20 feet of any adjoining property in a residence district.
Setback requirements may be modified by the Board of Appeals in case
of conversions of existing buildings.
D.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts, except where determined by the approving agency that a lesser width or no buffer will meet the purpose of this requirement.
E.
Off-street parking. A minimum of one off-street parking space shall
be provided for every 200 square feet of gross floor area.
[Added 2-25-2019 by L.L.
No. 1-2019]
A.
Purpose. The purpose and intent of this section is to permit and
encourage the expansion of local agribusiness so as to enhance opportunities
for local farming operations, stimulate interest in the Town and thereby
foster tourism, invite further creative investment by existing agribusinesses,
and assist and enable the entrepreneurial development of farming and
agricultural endeavors. In furtherance of these purposes, specific
conditions are set forth herein for accessory wineries, accessory
microbreweries and accessory craft distilleries.
B.
Accessory wineries, accessory microbreweries and accessory craft
distilleries, as defined in this chapter, shall be special uses as
follows:
(1)
An accessory winery, accessory microbrewery and accessory craft
distillery shall be located on the premises of and accessory to an
existing farm operation as defined in § 301(11) of the New
York State Agriculture and Markets Law and shall be located in an
existing Westchester County adopted, New York State certified agricultural
district pursuant to § 304 of the New York State Agriculture
and Markets Law.
(2)
An accessory use shall be and remain licensed as a farm winery,
farm cidery, farm brewery or farm distillery by the New York State
Liquor Authority.
(3)
All wine, cider, beer or spirits offered for sale must be produced
and processed at the accessory winery, accessory microbrewery or accessory
craft distillery from grapes, other fruit, grains and hops, as applicable,
of which at least 80% are grown in New York State.
(4)
The accessory use may have a retail gift shop on the premises
which may sell items accessory to wine, cider, beer or spirits, as
applicable to the use, such as corkscrews, wine glasses, decanters,
glasses, items for the storage and display of wine, cider, beer or
spirits, books on winemaking, brewing or distillation and the region
and nonspecific items bearing the logo or insignia of the winery,
brewery or distillery.
(5)
The accessory use may prepare and serve snacks and food for
consumption on the premises, primarily intended to accompany tastings,
but shall not serve full meals. Any food preparation or service shall
be in compliance with all applicable regulations, including as required
by the Westchester County Department of Health.
(6)
The subject lot shall have frontage on and access from a state
road.
(7)
There shall be no fewer than 10 off-street parking spaces in
addition to those required by this chapter for the farm or business
to which the accessory use is attached.
(8)
The special use permit shall be granted for a period of five
years and may be renewed for additional five-year periods. An application
for, and a renewal of, the special use permit shall be made to the
Zoning Board of Appeals. The application shall be accompanied by evidence
in form and substance reasonably satisfactory to the Zoning Board
of Appeals of the accessory use's New York State Liquor Authority
license and its designation as a farm operation pursuant to the New
York Agriculture and Markets Law. The Building Inspector shall inspect
the premises and report to the Zoning Board of Appeals whether the
premises are in compliance with the provisions of this chapter, the
New York State Building Code and the provisions of the original special
use permit.
(9)
If and to the extent that site plan approval is required to
increase parking areas, to enlarge or materially modify subsurface
sewage disposal areas pursuant to a specific directive by the Westchester
County Department of Health issued to the applicant, if any, or otherwise
materially alter the physical site conditions to comply with a specific
directive of a competent agency having authority, the Planning Board
shall require the submission of an abbreviated site plan, which shall
be processed concurrently with the application for a special use permit.
In all other situations, site plan approval by the Planning Board
shall not be required.
(10)
In addition to the special standards described above, such accessory
use shall comply with all other requirements of this chapter.
[Added 7-8-2019 by L.L.
No. 7-2019; 8-9-2021 by L.L. No. 7-2021]
Gasoline service stations, as defined in this chapter, shall
be prohibited unless legally permitted and in existence as of July
15, 2021. However, any expansion or other enlargement of any legal
gasoline service station use as set forth herein shall be subject
to the following:
A.
Location. The special use listed in this section may be permitted
in the RB (Retail Business) and GB (General Business) Districts only
in locations fronting on or having direct access to major roads as
determined by the Planning Board.
B.
Minimum lot area. The minimum lot area required for the establishment
of a gasoline service station shall be one acre.
C.
Setbacks. The minimum setbacks for a gasoline service station use
shall be as set forth in the district within which the use is located.
D.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining other properties, except where determined by the approving agency that a lesser width or no buffer will meet the purpose of this requirement.
E.
Distance from other similar use. A gasoline service station use shall
not be permitted within a distance of 200 feet of another existing
gasoline service station use. The distance shall be measured in a
straight line between the property lines of the subject properties.
F.
Distance from other uses. A gasoline service station use shall not
be permitted within a distance of 200 feet of a school, public recreation
area or church use. The distance shall be measured in a straight line
between the property lines of the subject properties.
G.
Access points. Access points shall be located a minimum of 100 feet
from the intersection of the designated street lines. All accesses
shall be defined by the use of granite or concrete curbing and shall
be designed to provide safe and convenient travel without the potential
for backing vehicles into the public street.
H.
Pumps and canopies. Pumps, pump islands and canopies are structures
and shall not be located in any required yard setbacks. Unless screened
from the street, pumps shall be oriented perpendicular to the street.
Canopies shall be in mass, scale, roofline configuration and architectural
appearance to match site and area buildings without marketing graphics
and other signage. Canopy lighting shall be minimized, limited to
under canopy lights of pump islands only and fully recessed into the
ceiling of the canopy structure. No outdoor display of products not
associated with the gasoline service station use shall be permitted.
I.
Discontinuance of use. In the event that a gasoline service station
use is abandoned, as determined by the Building Inspector, the owner,
lessee and/or motor fuel supplier of said gasoline service station
shall immediately remove the tanks, gasoline pumps, all identification
signs and lighting poles. In lieu of removing the tanks, the flammable
liquids shall be removed therefrom and all tanks filled with water
for a three-month period only and thereafter with a solid material,
subject to approval of the New York State Department of Environmental
Conservation, and any other such approval agencies having jurisdiction.
The owner and/or lessee shall also provide adequate protection against
unlawful entry into the buildings and onto the property, and shall
close all vehicular entrances to the property to prevent the storage
of abandoned vehicles thereon.
[Added 10-28-2019 by L.L.
No. 10-2019]
A.
Purpose. The purpose and intent of this section is to permit multifamily
dwellings within the R-2F-7.5 District, up to a maximum of four units,
as long as the criteria set forth herein are met.
B.
Multifamily units, as defined in this chapter and as permitted within
the R-2F-7.5 District, shall be permitted as a special use as follows:
(1)
Location. Multifamily dwellings as permitted in this section
shall only be permitted within the R-2F-7.5 District.
(2)
Maximum number of dwelling units. Any such use pursuant to special
permit shall contain no more than four dwelling units.
(3)
Setbacks. Any multifamily dwelling shall comply with the setback
requirements for the district within which the building is located.
(4)
Off-street parking. A minimum of two off-street parking spaces
shall be provided for each dwelling unit, plus one additional off-street
parking space for each dwelling unit having two or more bedrooms.
(5)
Minimum lot area. Any multifamily dwelling use shall be located
on a lot that is a minimum of 0.60 acre in size.
(6)
Buffer area. A buffer area shall be provided in accordance with the minimum requirements of § 220-15B of this chapter.
(7)
Inspections. Each property for which a special permit has been
issued for use as a multifamily dwelling is subject to periodic inspections
by the Building Department and Fire Inspector to ensure continued
compliance with all applicable codes including the New York State
Uniform Fire Prevention and Building Code, the requirements of this
section and the provisions of the original special use permit approval.
Such inspections shall be conducted at least annually, and may be
conducted more frequently if the Building Department or Fire Inspector
reasonably suspects that more frequent inspections are necessary to
ensure the safety of the multifamily dwelling. If any inspection of
the property and dwelling by the Building Department or Fire Inspector
for the purpose of ensuring compliance with the provisions of this
section is refused by the owner, when said inspection occurs at any
reasonable time during daylight hours, or if the continuing conditions
of the special use permit are violated, the special permit shall be
subject to revocation after a hearing by the Planning Board at which
the permit holder is provided an opportunity to be heard.
(8)
Density.
(a)
The average gross density shall not exceed one density unit per 0.15 acre of net lot area. The area of any wetlands, water bodies, watercourses or steeply sloped land, as defined in § 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.
(b)
The approval authority shall be responsible for determining
the number of bedrooms in each dwelling unit.
(9)
Limited to existing buildings. The multifamily use subject to
this provision shall only be permitted in existing buildings.
(10)
ACARC referral. Prior to approval, all applications made pursuant
to this section shall be referred by the approval authority to the
Architectural and Community Appearance Review Council for review and
recommendation.
(11)
Other requirements. In addition to the special standards described
above, such special use shall comply with all other requirements of
this chapter.
