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]
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:
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]
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.
[Added 2-21-2012 by L.L. No. 1-2012]
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
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.
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]
An area for the landing and takeoff of aircraft.
[Added 12-20-1983]
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.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
A geologic unit capable of yielding usable amounts of water.
[Added 1-28-1986]
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]
See "gasoline filling station."
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]
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."
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.
A building subordinate to the principal building on the lot
and used for purposes customarily incidental to that of said principal
building.
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.
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.
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.
A building in which is conducted the main or principal use
of the lot on which said building is situated.[1]
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]
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]
A voluntary organization, not conducted for gain, with facilities
catering principally to members and guests for recreational, athletic
or social purposes.
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
Any establishment offering the use of horses for compensation
on an hourly or daily basis.
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]
Bears advertising on the vehicle, including but not limited
to the name of the business, telephone number, or hours of operation;
or
Carries tools or equipment attached to the outside of the vehicle
or visible from the outside of the vehicle; or
Bears license plates issued for commercial or combination vehicles;
or
Has been issued a municipal or governmental business license;
or
Has other indicia of commercial use or design.
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]
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]
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]
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.
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.
The number of cubic feet of a dwelling calculated from the
outside dimensions of the dwelling, including the basement, but excluding
open porches.
[Added 6-19-2012 by L.L. No. 5-2012]
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.
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]
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.
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]
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]
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]
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.
A dwelling containing three or more dwelling units.
A dwelling containing one dwelling unit.
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.
A dwelling containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
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.
The use of property by a nonprofit organization promoting
the general public welfare as its major purpose.
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.
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]
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]
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]
A temporary increase in stream flow or stage that results
in water inundating areas adjacent or near to the usual channel.
A light fixture which is designed to cover an area with light.
[Added 5-17-2011 by L.L. No. 4-2011]
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.
The channel of a watercourse and its adjacent areas subject
to inundation by the one-hundred-year flood.
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.
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.
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]
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]
The extent of a lot along a road.
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]
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use.
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.
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.
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]
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.
Water in the subsurface area beneath the water table in which
all open spaces are filled with water.
[Added 1-28-1986]
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]
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.
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]
A bathroom containing a sink and a toilet but no bathtub
or shower.
A person who is physically handicapped, as certified by a
licensed physician, in one of the following ways:
[Added 9-17-1985]
Impairment requiring confinement to a wheelchair.
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.
Total or partial impairment of hearing or sight
causing insecurity or likelihood of exposure to danger in public places.
Impairment due to conditions of aging and uncoordination.
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]
Also includes pony, burro, donkey and mule.
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.
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.
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]
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]
Illuminating Engineering Society of North America.
[Added 5-17-2011 by L.L. No. 4-2011]
The amount of light energy falling on a surface.
[Added 5-17-2011 by L.L. No. 4-2011]
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]
Includes any commercial vehicle that has any of the following
features:
[Added 12-20-2022 by L.L. No. 20-2022]
Any vehicle with more than four tires and two axles; or
Jitney bus, school bus, school van, trailer, semitrailer, tractor,
or excavation equipment; or
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
Any vehicle with a gross vehicle weight over 10,000 pounds.
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]
The light-emitting device in a light fixture.
[Added 5-17-2011 by L.L. No. 4-2011]
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.
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]
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 projected onto a property from a light fixture not
located on that property.
[Added 5-17-2011 by L.L. No. 4-2011]
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.
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.
The total horizontal area included within the boundaries
of the lot.
A lot located at the junction of and fronting on two or more
roads intersecting at an angle of less than 135 °.
A property line bounding a lot.
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.
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.
Any lot line other than a rear or front lot line.
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]
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]
A dwelling unit the rental or sales price of which does not exceed the maximum allowable level established by § 125-56 of this chapter.
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]
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]
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]
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]
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.
An off-street area containing three or more parking spaces,
with passageways and driveways appurtenant to such spaces and giving
access thereto.
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.
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]
See "eleemosynary use."
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]
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]
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]
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]
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]
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.
Any other road or way over which the public does not have
the right to travel except with the consent of the owner thereof.
The zone beneath the land surface in which all open spaces
are filled with water.
[Added 1-28-1986]
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]
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.
An educational institution operated by a public school district
or combined districts, under the laws of the State of New York.
Sludge produced by domestic wastes that is pumped from septic
tanks.
[Added 1-28-1986]
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.
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]
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.
Unwanted or discarded materials, including solid, liquid
or contained gaseous materials.
[Added 1-28-1986]
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."
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.
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]
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."
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]
The division of any parcel of land as defined in the Bedford
Land Subdivision Regulations.[5]
Any body of water having an artificial bottom and/or sides
and a depth of more than two feet at any point therein.
The occasional sale of goods contained on a lot and conducted
on the same lot.
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]
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]
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]
The subsurface area above the water table. In this area,
open spaces are only partially filled with water.
[Added 1-28-1986]
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.
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.
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.
The interface between the saturated zone and the unsaturated
zone, e.g., the top of the zone of saturation.
[Added 1-28-1986]
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.
A yard extending across the full width of the lot and lying
between the front lot line and the nearest line of the building.
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest line of the building.
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.
[6]
Editor's Note: The Recharge Area map is on
file in the office of the Town Clerk.
