For the purposes of promoting the health, safety, morals and general welfare of the community, the Town Board of the Town of Bedford, County of Westchester and State of New York under the authority granted by § 261 of the Town Law and in accordance with the procedures in § 264 of the Town Law and § 239-m of the General Municipal Law hereby adopts this chapter in furtherance of the Town Development Plan, as adopted by the Planning Board, and to promote the purposes set forth in § 263 of the Town Law, including the following:
A. 
To guide the future development of the Town in accordance with a comprehensive plan designed to represent and promote the most beneficial and convenient relationship among the residential, commercial, industrial and public areas of the Town, considering the suitability of each area for such uses as indicated by existing conditions, trends and development and changing modes of living, and having due regard for the environment, the use of land, building development and social, cultural and economic activity, both within the Town and with respect to the relationship of the Town to areas outside thereof.
B. 
To secure safety from fire, flood, panic and other dangers.
C. 
To provide adequate light, air and privacy.
D. 
To fulfill the housing needs of the Town.
E. 
To prevent overcrowding of the land and undue congestion of population.
F. 
To promote the most beneficial relation between the use of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion of streets and provision of safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and buildings throughout the Town.
G. 
To prevent the overuse of transportation, water, schools, parks and other public facilities.
H. 
To protect and conserve the value of land and buildings and the social and economic stability of all parts of the Town.
I. 
To ensure that the growth of the Town is within the limits of the Town's natural systems to support development.
J. 
To prevent the pollution of watercourses and wetlands; to safeguard the water supply, both surface and ground water; to avoid hazardous conditions and excessive damage resulting from stormwater runoff and flooding; to protect the Town's ecology; and to otherwise encourage the appropriate use and sound management of natural resources throughout the Town.
K. 
To preserve the natural beauty of the physiography of the Town; to protect the Town against unsightly, obtrusive and obnoxious land uses and operations; to enhance the aesthetic aspect of the natural and man-made elements of the Town; and to ensure appropriate development with regard to those elements.
L. 
To promote the preservation of the existing historic character of the Town, and to encourage the development of uses which would add to or be in harmony with this character.
M. 
To provide adequate and suitably located areas for recreation activities.
N. 
To permit the use of solar energy collectors and, so far as conditions reasonably permit, to provide for adequate access to sunlight for their proper operation.
O. 
To bring about the gradual conformity of the uses of land and buildings throughout the Town with the Town Development Plan, as adopted by the Planning Board; and to minimize conflicts among the uses of land and buildings.
P. 
Westchester County Greenway Compact Plan. By Local Law No. 11 of the year 2005, the Town of Bedford has adopted the Compact Plan,[1] as amended from time to time, as a statement of policies, principles and guides to supplement other established land use policies in the Town. In its discretionary actions under this Zoning Code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
[Added 10-5-2005 by L.L. No. 11-2005]
[1]
Editor's Note: See Ch. 14, Greenway Compact.
All words used in the present tense include the future tense; all words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. The word "person" includes any legal entity as well as an individual. The word "use" shall be deemed also to include "designed, intended or arranged to be used." Unless otherwise specified, all distances and areas shall be measured horizontally. The word "Town" means the Town of Bedford; the term "Town Board" means the Town Board of said Town; the term "Board of Appeals" means the Board of Appeals of said Town; the term "Planning Board" means the Town Planning Board of said Town; the term "Town Development Plan" means the adopted Town Development Plan of said Town and any amendment thereto.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A single dwelling unit which is incidental and subordinate to a principal one-family residence and located on the same lot therewith, where either unit is occupied by the owner of the premises.
[Added 5-15-1984; amended 7-25-1989]
ACCESS STRIP
That portion of a lot between the front lot line and the effective square. The length of said "access strip" is the horizontal distance measured along the center line (straight or curved) of the "access strip," between the front lot line and the closest boundary of the effective square.
AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AAFFH) UNIT
[Added 2-21-2012 by L.L. No. 1-2012]
A. 
A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the U.S. Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% of AMI, adjusted for family size, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan; or
B. 
A rental unit that is affordable to a household whose income does not exceed 60% of AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% of AMI, adjusted for family size, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
AIRCRAFT
A device used for the transportation of one or more persons or goods through the air, whether heavier than air or lighter than air, including airplanes, balloons, dirigibles, helicopters and gliders.
[Added 12-20-1983]
AIRFIELD
An area for the landing and takeoff of aircraft.
[Added 12-20-1983]
ALTER
To change or rearrange the structural parts or the existing facilities of a building or structure, including extension on a side or increase in height, or the moving from one location or position to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
AQUIFER
A geologic unit capable of yielding usable amounts of water.
[Added 1-28-1986]
AQUIFER PROTECTION ZONE
An area designated on the Town of Bedford Recharge Area Map as a primary recharge area for an aquifer yielding usable amounts of water for existing or potential water supplies.
[Added 1-28-1986]
AUTOMOBILE SERVICE STATION
See "gasoline filling station."
BARN
An accessory building or structure, including but not limited to stables, used, or formerly used, for the storage of agricultural products, equipment or livestock. The structure shall not contain sleeping or kitchen facilities.
[Amended 4-3-2018 by L.L. No. 3-2018]
BASEMENT
That portion of a building wholly or partly underground and extending no more than four feet above the finished grade. The word "basement" includes the word "cellar."
BUILDING
Any structure having a roof, supported by columns or by walls or self-supporting, and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING, ACCESSORY
A building subordinate to the principal building on the lot and used for purposes customarily incidental to that of said principal building.
BUILDING AREA
The total area of a lot which is covered by all of the buildings thereon, both principal and accessory, outlined by the vertical projection of such buildings, not including uncovered steps, courts and terraces.
BUILDING HEIGHT
The mean vertical distance measured from the finished grade adjacent to the exterior walls of the building to the level of the highest point of the roof if the roof is flat or to the mean level between the eaves and the highest point of the roof if it is of any other type.
BUILDING LENGTH
The horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of the longest side or greatest length, and including any attached carports, garages and porches.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.[1]
CAFE
A business enterprise such as, but not limited to, a deli, bakery, bar, ice-cream store or coffee shop, primarily engaged in the retail sale of food and beverages, or, as an accessory use to other retail sales, with a customer service area accessible to the public of under 450 square feet, with a maximum of 20 interior seats, where a substantial portion of the sales to the public is by stand-up service, for consumption either on or off the premises. Additional outdoor seating may be permitted seasonally by the Planning Board.
[Added 10-5-2010 by L.L. No. 5-2010]
CHILD DAY-CARE CENTER
Any program or facility, licensed by the State of New York Office of Children and Family Services, caring for children for more than three hours per day per child in which child day care is provided by a child day-care provider, except those programs operating as a group family day-care home or family day-care home. Refer to New York State Social Services Law § 390.
[Added 7-20-1999]
CLUB, PRIVATE
A voluntary organization, not conducted for gain, with facilities catering principally to members and guests for recreational, athletic or social purposes.
COIN-OR ELECTRICALLY OPERATED AMUSEMENT DEVICE
A machine, including but not limited to baseball and football, pinball machines, video games, electronically controlled and operated games and devices and other similar amusement games and devices, that is operated by the insertion of a coin or token or is remotely controlled by another person either upon payment of consideration or without payment of consideration and is controlled either by a patron or other person for amusement or recreation
COMMERCIAL LIVERY STABLE
Any establishment offering the use of horses for compensation on an hourly or daily basis.
COMMERCIAL VEHICLE
Includes any motor vehicle, including but not limited to automobiles, trucks, tractors, vans, buses, delivery cars, or any other vehicle utilized in conducting business for a profit. A vehicle shall be deemed to be used for commercial purposes if it:
[Added 12-20-2022 by L.L. No. 20-2022]
A. 
Bears advertising on the vehicle, including but not limited to the name of the business, telephone number, or hours of operation; or
B. 
Carries tools or equipment attached to the outside of the vehicle or visible from the outside of the vehicle; or
C. 
Bears license plates issued for commercial or combination vehicles; or
D. 
Has been issued a municipal or governmental business license; or
E. 
Has other indicia of commercial use or design.
COMMERCIAL VEHICLE ACCESSORY
Includes any trailer, attachment or extension that is attached or can be attached to a commercial vehicle.
[Added 12-20-2022 by L.L. No. 20-2022]
COTTAGE
A single dwelling unit within an accessory building which is incidental and subordinate to a principal one-family residence and located on the same lot therewith, where either unit is occupied by the owner of the premises.
[Added 7-25-1989]
COUNTRY INN
A business consisting of a restaurant offering meals to the general public and which may also include overnight accommodations in a maximum of 10 guest rooms.
[Added 9-19-2006 by L.L. No. 8-2006]
COVERAGE, BUILDING
That percentage of the lot area covered by the combined area of all buildings or structures on the lot, i.e., building area divided by lot area.
COVERAGE, SITE
That percentage of the lot area covered by the building area plus open porches, stairs, structures, walkways, driveways, parking areas and other concrete, asphalt or other surfaces that do not absorb stormwater.
CUBAGE
The number of cubic feet of a dwelling calculated from the outside dimensions of the dwelling, including the basement, but excluding open porches.
CUSTOMARY HOME OCCUPATION
[Added 6-19-2012 by L.L. No. 5-2012]
A. 
An occupation of a service character accessory to and customarily conducted entirely within a lot by the residents thereof, which use is incidental and secondary to the use of the lot for residential purposes, does not change the character thereof, does not have any exterior evidence of such accessory use and does not involve the keeping of a stock in trade.
B. 
Occupations which are carried on by a single individual which involve no more than five visitors and three deliveries per day to the lot are exempt from the requirements set forth in § 125-28, provided they meet all the Town building and zoning criteria.
[Amended 4-3-2018 by L.L. No. 3-2018]
DELICATESSEN
A business enterprise engaged primarily in the retail sale of prepared food and beverages and in which tables, chairs or counters for the consumption of food on the premises are not provided.
DESIGNATED AQUIFER
A geologic unit capable of yielding usable amounts of water and designated on a map entitled, "Town of Bedford Recharge Area Map."[2]
[Added 1-28-1986]
DIRECT RECHARGE
The process by which the precipitation replenishes a stratified-drift aquifer by natural infiltration through the unsaturated zone to the water table.
[Added 1-28-1986]
DRIVE-THROUGH FACILITY
A use where products or services, either wholly or in part, are provided through a window or automated machine or by an employee to customers in their vehicles; also known as "drive-in" facilities.
[Added 7-14-2009 by L.L. No. 5-2009]
DWELLING
A building, or portion thereof, used principally as nontransient living quarters for one or more families. The term shall not include an automobile court, hotel, motel, boardinghouse, trailer, mobile home, tourist home or tent.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units.
DWELLING, ONE-FAMILY or DWELLING, DETACHED
A dwelling containing one dwelling unit.
DWELLING, TOWNHOUSE
A dwelling containing three or more dwelling units attached to each other at the side or rear by means of a common wall or walls, each dwelling solely occupying the internal space from ground to roof and having its own separate entrance or entrances from the outside.
DWELLING, TWO-FAMILY
A dwelling containing two dwelling units.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
EFFECTIVE SQUARE
A horizontal square wholly contained within the boundaries of a lot whose dimensions correspond to the minimum requirements for the district in which it is located, as specified in this chapter.
ELEEMOSYNARY OR PHILANTHROPIC USE
The use of property by a nonprofit organization promoting the general public welfare as its major purpose.
FAMILY
One or more persons occupying a dwelling unit and living together as a single housekeeping unit in a domestic relationship based upon birth, marriage or adoption, or not more than four unrelated persons occupying a dwelling unit and living together as a single housekeeping unit.
FAMILY DAY-CARE HOME
Any program or facility licensed by the State of New York Office of Children and Family Services; a program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children. Refer to New York State Social Services Law § 390.
[Added 7-20-1999]
FENCE
Any structure, including a wall or gate, regardless of composition, except those comprised or living plants, that is erected or maintained for the purpose of enclosing, separating or screening a piece of land or to divide a piece of land into distinct portions.
[Added 10-15-1991]
FENCE HEIGHT
The distance measured vertically from the natural ground, prior to any grading, filling or modification, to the top of the fence at each point along the fence.
[Added 10-15-1991]
FLOOD
A temporary increase in stream flow or stage that results in water inundating areas adjacent or near to the usual channel.
FLOODLIGHT
A light fixture which is designed to cover an area with light.
[Added 5-17-2011 by L.L. No. 4-2011]
FLOOD, ONE-HUNDRED-YEAR
The highest level of flood that, on the average, is likely to occur once in every 100 years or that which has approximately a one-percent chance of occurring any year.
FLOOD-PRONE AREAS or FLOODPLAIN
The channel of a watercourse and its adjacent areas subject to inundation by the one-hundred-year flood.
FLOOR AREA
The sum of the gross horizontal area of the several floors of the building measured to the exterior of the outside walls of such building.
FLOOR AREA RATIO
The ratio of the aggregate floor area of a building, exclusive of basement areas used only for storage or services incidental to the operation or maintenance of the building, to the site area of the lot on which the building is located.
FOOTCANDLE
A measure of illuminance (also illumination), which is the density or amount of light incident at a point on a horizontal or vertical surface. The surface may be real or virtual.
[Added 5-17-2011 by L.L. No. 4-2011]
FOOTLAMBERT
A measure of the luminance, which is the amount of light energy leaving a surface.
[Added 5-17-2011 by L.L. No. 4-2011]
FRONTAGE
The extent of a lot along a road.
FULL CUTOFF
As defined by the IESNA refers to a light fixture that prevents all transmission of light above 90° from nadir (straight down).
[Added 5-17-2011 by L.L. No. 4-2011]
GARAGE, PRIVATE
An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use.
GARAGE, PUBLIC
Any garage, other than a private accessory garage, available to the public, operated for gain and which is used for storage, major repair, body work, painting, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE FILLING STATION
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuels and which may include the sale of motor vehicle accessories and facilities for lubricating, washing or otherwise servicing motor vehicles, but not including body work, major repair or painting by any means.
GLARE
Stray, unshielded light striking the eye that may result in annoyance, discomfort, distraction and/or impairment.
[Added 5-17-2011 by L.L. No. 4-2011]
GRADE, FINISHED
The elevation of the completed surfaces of lawns, landscaped area, walks, roads, driveways and parking areas or of the existing ground surface where it remains undisturbed.
GROUNDWATER
Water in the subsurface area beneath the water table in which all open spaces are filled with water.
[Added 1-28-1986]
GROUNDWATER RECHARGE AREA
That area from which water is added to the saturated zone by natural processes, such as infiltration or precipitation, or artificial processes, such as induced infiltration.
[Added 1-28-1986]
GROUP-CARE FACILITY
A facility operated by an agency that is regulated or licensed by the New York State Department of Social Services or the Department of Mental Hygiene to provide resident services and twenty-four-hour supervision to not more than 12 persons. Such facility is headed by an agency-approved staff and functions as a single housekeeping unit.
GROUP FAMILY DAY-CARE HOME
Any program or facility licensed by the State of New York Office of Children and Family Services; a program caring for children for more than three hours per day per child in which child day care is provided in a family home for seven to 10 children of all ages, including not more than four children under two years of age or up to 12 children where all of such children are over two years of age. Refer to New York State Social Services Law § 390.
[Added 7-20-1999]
HALF BATH
A bathroom containing a sink and a toilet but no bathtub or shower.
HANDICAPPED PERSON
A person who is physically handicapped, as certified by a licensed physician, in one of the following ways:
[Added 9-17-1985]
A. 
Impairment requiring confinement to a wheelchair.
B. 
Impairment causing difficulty or insecurity in walking or climbing stairs or requiring the continued use of braces, crutches or other artificial supports; or impairment caused by amputation, arthritis, spastic condition or pulmonary, cardiac or other ills rendering the individual semiambulatory.
C. 
Total or partial impairment of hearing or sight causing insecurity or likelihood of exposure to danger in public places.
D. 
Impairment due to conditions of aging and uncoordination.
HAZARDOUS MATERIAL
Material which is a present or potential hazard to human health or the environment when improperly stored, transported or disposed of or otherwise managed, including, without exception, all residual oil, hydrocarbon products, including but not limited to gasoline, oil, fuel and diesel oil; and also any other toxic, caustic or corrosive chemicals, radioactive materials or other substance listed in Title 40 of the Code of Federal Regulations or Part 366 of Title 6 of the New York Codes, Rules and Regulations.
[Added 1-28-1986]
[3]HORSE
Also includes pony, burro, donkey and mule.
HOSPITAL
A building for the diagnosis and treatment of human ailments, including a sanatorium, rest home, nursing home, adult home, hospice and convalescent home, but not including any facility for the treatment of contagious diseases, alcoholism, drug addiction, epilepsy or mental diseases.
HOTEL or MOTEL
A building or portion thereof containing rooms occupied by transient guests who are lodged, with or without meals, and in which building or portion thereof, there may be certain public rooms or halls for the service of food and drink, with or without accessory conveniences or services normally incidental to and associated with such a use.
HOUSING, AFFORDABLE
Dwelling units constructed for families whose annual income does not exceed 80% of the actual Westchester County median income (not capped), with adjustments for household size, as defined and periodically updated by the United States Department of Housing and Urban Development, and the annual rental cost of which does not exceed 30% of said income or, for homeowners, the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, does not exceed 30% of said income.
[Added 2-1-2005 by L.L. No. 1-2005]
HOUSING FOR THE ELDERLY
Dwelling units, within a townhouse or multifamily dwelling with maximum of two bedrooms, which are designed and intended for and whose occupancy is restricted to handicapped persons, single persons 55 years of age or older or couples in which one person is 55 years of age or older.
[Added 9-17-1985; amended 6-27-1989]
IESNA
Illuminating Engineering Society of North America.
[Added 5-17-2011 by L.L. No. 4-2011]
ILLUMINATION
The amount of light energy falling on a surface.
[Added 5-17-2011 by L.L. No. 4-2011]
INDUCED INFILTRATION
The process by which water in a stream or lake or any other water body moves into an aquifer because of a hydraulic gradient from the surface water body toward a pumping well or wells.
[Added 1-28-1986]
INDUSTRIAL VEHICLE
Includes any commercial vehicle that has any of the following features:
[Added 12-20-2022 by L.L. No. 20-2022]
A. 
Any vehicle with more than four tires and two axles; or
B. 
Jitney bus, school bus, school van, trailer, semitrailer, tractor, or excavation equipment; or
C. 
Any vehicle with a box body, dump body, flatbed, or utility body exceeding eight feet in length or five feet in height, or a rack body exceeding three feet in height, or an open body or rack body with visible tools and/or equipment; or
D. 
Any vehicle with a gross vehicle weight over 10,000 pounds.
KENNEL
A commercial establishment in which eight or more dogs, cats, birds, or similar small domestic household pets are boarded, cared for, trained, groomed, or provided other related services except for veterinary medical care. This term shall not be deemed to include an animal shelter.
[Amended 4-18-2023by L.L. No. 5-2023]
LAMP or BULB
The light-emitting device in a light fixture.
[Added 5-17-2011 by L.L. No. 4-2011]
LANDSCAPE NURSERY
A parcel of land, together with the buildings thereon, which is used for the propagation, raising, storage or display of horticultural or floricultural produce, trees, shrubs or other natural vegetation and involving the sale of such items to the public.
LEVEL OF SERVICE
A measure of the operating condition of a highway, given in terms of letter grades from "A" to "F," as defined in the 1965 Highway Capacity Manual, Special Report 87, published by the Highway Research Board.
[Added 7-11-1983]
LIGHT FIXTURE or LUMINARE
The assembly that holds the bulb or lamp in a lighting system, mounting apparatus, reflecting elements, cover glass or lenses, ballast and the housing.
[Added 5-17-2011 by L.L. No. 4-2011]
LIGHT TRESPASS
Light projected onto a property from a light fixture not located on that property.
[Added 5-17-2011 by L.L. No. 4-2011]
LOADING SPACE
Any off-street space available for the loading or unloading of goods, not less than 15 feet wide nor less than 40 feet long and with a minimum overhead clearance of 14 feet if covered in any manner and having direct usable access to a road, except that, where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space, need not be wider than 12 feet.
LOT
A parcel of land, not divided by roads, occupied or to be occupied by a building or buildings and accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its prin-cipal frontage on a road or on such other means of access as may be deemed, in accordance with the provisions of law, to be suitable as a condition of the issuance of a permit for a building on such land.
LOT AREA
The total horizontal area included within the boundaries of the lot.
LOT, CORNER
A lot located at the junction of and fronting on two or more roads intersecting at an angle of less than 135 °.
LOT LINE
A property line bounding a lot.
LOT LINE, FRONT
In the case of a lot abutting upon only one road, the line separating the lot from the road; in the case of any other lot, the owner may elect any lot line abutting on a road as the front lot line.
LOT LINE, REAR
The lot line which is generally opposite the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot comes to a point at the rear, the "rear lot line" is deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDE
Any lot line other than a rear or front lot line.
LUMEN
A unit of measure for luminous flux, which is the total light energy emitted by a lamp. Use the values listed in the literature of the lamp manufacturer.
[Added 5-17-2011 by L.L. No. 4-2011]
MAXIMUM EXPOSED BUILDING ELEVATION
The vertical distance of a single side of a building measured from the highest point of the roof to the average finish grade of the side of the building.
[Added 10-1-2002]
MIDDLE-INCOME DWELLING UNIT
A dwelling unit the rental or sales price of which does not exceed the maximum allowable level established by § 125-56 of this chapter.
MIDDLE-INCOME FAMILY
A family whose aggregate annual income, including the total of all current annual income of family members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members under the age of 21 years who are full-time students), does not exceed 80% of the Westchester County Area Median Income (AMI) to be eligible to rent a middle-income housing unit or 110% of the Westchester County AMI to be eligible to purchase a middle-income housing unit. Notwithstanding the foregoing definition set forth above, with respect to any middle-income housing units for rent that presently exist in the Town of Bedford as of the effective date of this local law,[4] an applicant shall be considered to be a "middle-income family" if the aggregate annual income, including the total of all current annual income of family members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members under the age of 21 years who are full-time students), does not exceed 100% of the Town of Bedford median income based on the average of the median annual Town-paid wages of full-time employees of the Town of Bedford during the three most recently completed calendar years, as shown and determined by the average of the gross wages shown for such full-time employees of the Town of Bedford on the W-2 statements issued to such employees by the Town during and for such period of three calendar years, as adjusted for family size by the following factors: one-person family, 1.0; two-person family, 1.1; three-person family, 1.3; four-person family, 1.4; five-person family, 1.6; six-person family, 1.7; seven-person family, 1.9; eight-or-more-person family, 2.0.
[Amended 9-4-2018 by L.L. No. 13-2018]
MOTION SENSOR
A device designed to activate a light fixture or luminaire when motion is detected in a given area, and to deactivate the light fixture when that motion ceases.
[Added 5-17-2011 by L.L. No. 4-2011]
MOUNTING HEIGHT
The distance from natural grade to the highest light-emitting part of a light fixture.
[Added 5-17-2011 by L.L. No. 4-2011]
NURSERY SCHOOL
A program regulated by the State of New York State Education Department for the care and/or instruction of six or more nonresident children under seven years of age for up to six hours daily and operated on a regular basis. Refer to Part 125 in New York State Education Law § 207 Subchapter F.
[Amended 7-20-1999]
NURSING OR CONVALESCENT HOME
A proprietary facility, licensed and regulated by the State of New York, for the accommodation of two or more persons, not related by blood or marriage, who are aged, convalescent or not acutely ill and not in need of hospital care and related medical services, which persons are boarded and/or housed for remuneration, and in which facility such nursing care and medical services are prescribed by or are performed under the general direction of persons licensed to provide such care or services in accordance with the laws of the State of New York, but not including hospitals or the keeping of patients suffering from any contagious disease, tuberculosis, mental illness, acute alcoholism or drug addiction.
PARKING AREA
An off-street area containing three or more parking spaces, with passageways and driveways appurtenant to such spaces and giving access thereto.
PARKING SPACE
An off-street space available for the parking of one motor vehicle, having rectangular dimensions of not less than 9.5 feet by 20 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street.
PARKING SPACE, COMPACT CAR
An off-street space available for the parking of one compact motor vehicle, having rectangular dimensions of not less than 7.5 feet in width by 15 feet in length, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street.
[Added 8-16-1994]
PHILANTHROPIC USE
See "eleemosynary use."
POOLHOUSE/CABANA
An accessory building or structure, or portion thereof, located adjacent to, and customarily used in conjunction with, a swimming pool. The structure shall not contain sleeping facilities.
[Amended 4-3-2018 by L.L. No. 3-2018]
PRIMARY RECHARGE AREA
That area immediately overlying the stratified-drift aquifer and adjacent areas of stratified drift that may not have a sufficient saturated thickness to be part of the aquifer. The boundary of the "primary recharge area" is the contact between the stratified drift and adjacent till or bedrock.
[Added 1-28-1986]
RESTAURANT
A business enterprise engaged in serving and preparing food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises. Additional outdoor seating may be permitted seasonally by the Planning Board.
[Amended 10-5-2010 by L.L. No. 5-2010]
RESTAURANT, FAST-FOOD
A business enterprise primarily engaged in the retail sale of food and beverages served in disposable containers and selected by patrons from a limited number of prepared, specialized items for consumption either on or off the premises, in a facility where a substantial portion of the sales to the public is by drive-in or stand-up service. A fast-food restaurant may include outdoor seating. Additional outdoor seating may be permitted seasonally by the Planning Board.
[Amended 10-5-2010 by L.L. No. 5-2010]
RIGHT-OF-WAY
Public roads and the area adjacent to public roads owned by the Town, New York State, or Westchester County.
[Added 12-20-2022 by L.L. No. 20-2022]
ROAD
Any way over which the public possesses the right to travel, which heretofore has been duly laid out, adopted and established by law, whether publicly owned or not. The term "road" includes state, county and Town highways and roads, streets, squares, places, courts, boulevards, parkways and other ways however designated to which the public has access.
ROAD, PRIVATE
Any other road or way over which the public does not have the right to travel except with the consent of the owner thereof.
SATURATED ZONE
The zone beneath the land surface in which all open spaces are filled with water.
[Added 1-28-1986]
SCHOOL-AGE CHILD CARE
Any program or facility licensed by the State of New York Office of Children and Family Services; a program caring for more than six school-aged children who are under 13 years of age or who are incapable of caring for themselves. Such programs shall be in operation consistent with the local school calendar. Refer to New York State Social Services Law § 390.
[Added 7-20-1999]
SCHOOL, PRIVATE
A kindergarten, primary or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school.
SCHOOL, PUBLIC
An educational institution operated by a public school district or combined districts, under the laws of the State of New York.
SEPTAGE
Sludge produced by domestic wastes that is pumped from septic tanks.
[Added 1-28-1986]
SIGN
Any structure or part thereof or any device attached thereto or painted thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, light, device, trademark or other representation used as an announcement, designation, direction, display or advertisement of any person, firm, group, organization, commodity, service, profession or enterprise when placed in such a manner that it provides visual communication to the general public out of doors.
SKYGLOW
The illumination of clouds, moisture and airborne matter by upward lighting from the earth's surface which impedes one's view of the night sky.
[Added 5-17-2011 by L.L. No. 4-2011]
SOLAR ENERGY COLLECTOR
A device or combination of devices which relies upon solar radiation as an energy source, that is employed for the purposes of the heating or cooling of a building, the heating of water or the generation of electricity.
SOLID WASTE
Unwanted or discarded materials, including solid, liquid or contained gaseous materials.
[Added 1-28-1986]
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted as a "story" if the ceiling is more than four feet above the average level of the adjoining finished grade or if it is used for nonaccessory business purposes or for dwelling purposes. Each basement in excess of one shall be counted as a "story."
STORY, HALF
An uppermost story in which the floor area has a clear height of at least seven and one-third (7 1/3) feet and is 50% or less of the floor area of the story next beneath it.
STRATIFIED-DRIFT AQUIFER
Unconsolidated sediment composed of layers of sand, gravel, silt or clay or similar deposits that are capable of yielding usable amounts of water, potentially in amounts greater than household supply wells.
[Added 1-28-1986]
STRUCTURE
Anything constructed or erected, the use of which requires location on or under the ground or attachment to something having location on the ground. "Structure" includes a building. See also "building."
STUDIO
A separate structure accessory to a residence to be used for a purpose accessory to the main residential use. The structure shall not contain sleeping or kitchen facilities.
[Added 5-15-1984; amended 4-3-2018 by L.L. No. 3-2018]
SUBDIVISION
The division of any parcel of land as defined in the Bedford Land Subdivision Regulations.[5]
SWIMMING POOL
Any body of water having an artificial bottom and/or sides and a depth of more than two feet at any point therein.
TAG SALE (GARAGE SALE; HOUSE SALE)
The occasional sale of goods contained on a lot and conducted on the same lot.
TOWN HOUSING AGENCY
An agency established by the Town Board to assist in the development and management of affordable housing in the Town.
[Added 2-21-2012 by L.L. No. 1-2012]
TOWN OF BEDFORD HOUSING TRUST FUND
An account established by the Town of Bedford for the specific purpose of creating affordable housing, including use by the Town Housing Agency for the purchase of land or units, or the development of new or rehabilitation of existing dwelling units for affordable housing occupants.
[Added 2-1-2005 by L.L. No. 1-2005]
TOWN OF BEDFORD RECHARGE AREA MAP
A map, dated December 5, 1985, prepared by Leggette, Brashears and Graham, Inc., Consulting Hydrogeologists, indicating the primary recharge areas in the Town.[6]
[Added 1-28-1986]
UNSATURATED ZONE
The subsurface area above the water table. In this area, open spaces are only partially filled with water.
[Added 1-28-1986]
USE
The specific purpose for which land or a building is designated, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, ACCESSORY
A use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.
USE, NONCONFORMING
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.
WATER TABLE
The interface between the saturated zone and the unsaturated zone, e.g., the top of the zone of saturation.
[Added 1-28-1986]
YARD
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a "yard," as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line; and the measurement shall be taken at right angles from the nearest lot line to the line of the building as defined herein.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front and rear lot line, as the case may be.
[1]
Editor's Note: The former definition of "child day-care," added 7-16-1996, which immediately followed this definition, was repealed 7-20-1999.
[2]
Editor's Note: The Recharge Area Map is on file in the office of the Town Clerk.
[3]
Editor’s Note: The former definition of “home occupation, customary,” as amended, which immediately preceded this definition, was repealed 4-3-2018 by L.L. No. 3-2018.
[4]
Editor's Note: Local Law No. 13-2018 provided that it would be effective upon filing with the Office of the Secretary of State.
[5]
Editor's Note: See Ch. 107, Subdivision of Land, Part 2, Subdivision Regulations.
[6]
Editor's Note: The Recharge Area map is on file in the office of the Town Clerk.