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.

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.

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.

An area for the landing and takeoff of aircraft.

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.

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.

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.

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.

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.

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:

Includes any trailer, attachment or extension that is attached or can be attached to a commercial vehicle.

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.

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.

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.

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]

The process by which the precipitation replenishes a stratified-drift aquifer by natural infiltration through the unsaturated zone to the water table.

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.

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.

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.

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.

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.

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.

A measure of the luminance, which is the amount of light energy leaving a surface.

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).

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.

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.

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.

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.

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:

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.

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.

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.

Illuminating Engineering Society of North America.

The amount of light energy falling on a surface.

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.

Includes any commercial vehicle that has any of the following features:

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.

The light-emitting device in a light fixture.

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.

The assembly that holds the bulb or lamp in a lighting system, mounting apparatus, reflecting elements, cover glass or lenses, ballast and the housing.

Light projected onto a property from a light fixture not located on that property.

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.

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.

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.

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.

The distance from natural grade to the highest light-emitting part of a light fixture.

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.

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.

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.

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.

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.

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.

Public roads and the area adjacent to public roads owned by the Town, New York State, or Westchester County.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A map, dated December 5, 1985, prepared by Leggette, Brashears and Graham, Inc., Consulting Hydrogeologists, indicating the primary recharge areas in the Town.[6]

The subsurface area above the water table. In this area, open spaces are only partially filled with water.

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.

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.