Town of Lewisboro, NY Article V Supplemental Regulations

§ 220-32 Special permit uses.

[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.

C. Special permit applications subject to Planning Board approval shall be reviewed and acted upon in accordance with the site development plan approval procedures in Article VI, in addition to Subsections E, F, G and Hof this section.

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.

(c) Site plans and floor plans sufficient to show the physical impact of the proposed use and to demonstrate compliance with the requirements of§§ 220-33 through 220-43.

(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.

§ 220-33 Conformance to standards required.

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.

§ 220-34 Landfilling, regrading and removal of earth material.

[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.

§ 220-35 Places of worship or religious instruction, including parish houses, private schools, colleges, public libraries, museums and art galleries.

[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.

§ 220-36 Private, community or fraternal recreation clubs.

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.

D. Other requirements. In addition to the special standards described above, any club shall comply with any other requirements of this chapter and any other special requirements deemed appropriate by the Board of Appeals in accordance with the requirements of § 220-32 herein.

§ 220-37 Hospitals, nursing homes and eleemosynary institutions.

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.

§ 220-38 Storage of contractors' equipment.

[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.

B. No permit shall be issued for the storage of any equipment in excess of the following weights:

(1) Rubber-tired loader or backhoe: 11.0 tons.

(2) Tracked bulldozer or loader: 12.5 tons.

(3) Roller: five tons.

(4) Two-axle trucks rated up to 35,000 pounds' gross vehicle weight.

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.

§ 220-39 Private kennels.

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.

§ 220-40 Accessory apartments.

[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.

A. Occupancy.

(1) The owner(s) of the one-family lot upon which the accessory apartment is to be located shall occupy and maintain as his or her legal full-time residence at least one of the dwelling units on the lot.

(2) The maximum occupancy of the accessory apartment is four persons.

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.

§ 220-40.1 Accessory residence dwellings.

[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.

(1) Off-street parking areas and access drives shall be located, designed, screened and buffered so as to minimize disturbances to adjacent properties.

(2) Two parking spaces shall be required for the accessory residence dwelling and shall be provided as required by Article VII of this chapter.

§ 220-41 Transformer stations.

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.

§ 220-41.1 Communication facilities, communication towers, antenna towers or monopoles.

[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.

(i) If collocation is not proposed, certification that collocation is not feasible as set forth in Subsection C.

(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.

(c) Any signage permitted above shall comply with Chapter 185, Signs, of the Town Code of the Town of Lewisboro.

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.

§ 220-42 Agency-operated boarding homes or group homes.

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.

§ 220-43 Limited-service carry-out restaurants with more than 10 seats. [1]

[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.

§ 220-43.1 Professional offices.

[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.

[1] Editor's Note: See § 220-2B.

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:

(1) The schedule of parking requirements for office, for business or for professional use (other than accessory to residential use) in § 220-56C of this chapter shall be met. Any applicable requirements for specific uses as listed in § 220-56D of this chapter shall also 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.

§ 220-43.2 Private nature preserves.

[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.

§ 220-43.3 Bed-and-breakfast establishments. [1]

[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.

(15) In addition to the special standards described above, bed-and-breakfast establishments 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.

[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.

§ 220-43.4 Construction or placement of accessory building on lot located proximate to or across street from principal building.

[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.

§ 220-43.5 Educational use.

[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.

F. Other requirements. Such use 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.

§ 220-43.6 Accessory winery, accessory microbrewery and accessory craft distillery.

[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.

§ 220-43.7 Gasoline service stations.

[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.

J. Other requirements. Such use 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.

§ 220-43.8 Multifamily dwellings.

[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.