Bedford City Zoning Code
ARTICLE III
Applicability; General Regulations
§ 125-9 Minimum requirements.
In interpreting and applying this Zoning Ordinance, the requirements contained herein are declared to be the minimum requirements necessary for the protection and promotion of the public health, safety and general welfare. This chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants or other agreements between parties, except that, where this chapter imposes a greater restriction upon the use of structures or land or upon the erection, construction, establishment, moving, alteration or enlargement of structures than those which are imposed by easements, covenants or agreements or by public ordinances, rules, regulations, licenses, certificates or other authorizations, the provisions of this Zoning Ordinance shall prevail.
§ 125-10 Conformance required.
No structure shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any land, water or structure be used, designed or arranged to be used, for any purpose except in accordance with this Zoning Ordinance and with the requirements stated in this Zoning Ordinance for the district in which such building or land is located.
§ 125-11 Nonconforming uses and structures.
A.
Continuing of existing nonconforming uses. Any lawful use of a structure or of land existing on the effective date of this chapter may be continued even though such use does not conform with the use provisions of this chapter. Such uses shall be deemed nonconforming uses.
B.
Nonconforming use of land. Where no structure is involved, the nonconforming use of land may be continued, provided that:
(1)
Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this chapter.
(2)
The lot on which such nonconforming use is located shall not be reduced in size.
(3)
Such nonconforming use shall not be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.
(4)
If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of more than six months or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter.
(5)
No nonconforming use of land shall be changed to another nonconforming use.
C.
Nonconforming use of structures. The nonconforming use of a building or structure may be continued, provided that:
(1)
Such building or structure shall not be enlarged or extended unless the use therein is changed to a conforming use.
(2)
Such nonconforming building or structure shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as is required to keep said building or structure in a safe condition.
(3)
Such nonconforming use shall be changed only to a conforming use.
(4)
If such nonconforming use of a building or structure ceases for any reason for a continuous period of more then six months or is changed to a conforming use, then any future use of such building or structure and the land on which it is located shall be in conformity with all provisions of this chapter for the district in which it is located.
(5)
Any such nonconforming building or structure damaged or destroyed by any means to an extent greater than 50% of its fair market value, as determined by the Town Assessor, shall be permitted to be reconstructed only if the future use of the building or structure and the land on which it is located is in conformity with this chapter. Any such nonconforming building or structure damaged to an extent less than 50% of said fair market value may be rebuilt, provided that:
(a)
The resumption of the nonconforming use takes place within one year of the time of its interruption.
(b)
The cost of such reconstruction or structural alteration is less than 50% of said fair market value.
(c)
The reconstruction or structural alteration is commenced within six months of the date of such damage and completed within 18 months of the date of such damage.
(d)
Where such rebuilding can reasonably be accomplished so as to result in greater conformity with this chapter, then the rebuilding shall be so done.
D.
Dimensional nonconformity. A building or structure that is conforming in use, but does not conform to the lot area, effective square, yard dimension, height, setback, coverage, off-street parking, loading or similar dimensional requirements of this chapter, shall be deemed to be dimensionally nonconforming. No permit shall be issued that will result in the increase of any dimensional nonconformity, but any building or structure or any portion thereof may be altered to decrease its dimensional nonconformity. An increase in the height of a dimensionally nonconforming structure shall constitute an increase in dimensional nonconformity and, consequently, no permit shall be issued authorizing such an increase in height.
[Amended 3-16-2004 by L.L. No. 5-2004]
§ 125-12 Lots.
A.
Every building hereafter erected shall be located on a lot, as herein defined. There shall be not more than one main building and its accessory buildings on each minimum size lot, except for nonresidential buildings in districts where such uses are permitted. On one undivided parcel of land in size equal to or greater than twice the minimum acreage as required for the districts established hereunder, no more than two main buildings and their accessory buildings shall be permitted; provided, however, that, in each such instance, all main and accessory buildings must conform to all lot requirements established hereunder the same as if such buildings were placed on two separate and independent parcels of land.
B.
In addition to the minimum lot area shown on the Table of Dimensional Requirements[1] for the district in which a lot is located, such lot shall contain an effective square with a side dimension equal to that required in the Table of Dimensional Requirements. Where a lot is located on a curve with a radius of 500 feet or less measured at the front lot line, the side of the effective square closest to the front lot line may be reduced by no more than one-third (1/3) if the opposite side is increased by the same amount, thus forming a trapezoid instead of a square.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
§ 125-13 Road frontage and access strips.
A.
No permit shall be issued for any land use or structure unless the lot upon which such land use is to be established has a frontage which has been suitably improved to Town road standards or a bond posted therefor and unless the actual access to such use or such structure will be over such frontage; all in accordance with the provisions of § 280-a of the Town Law.
B.
The following standards shall apply to the creation of new lots:
(1)
A minimum frontage of 25 feet shall be required.
(2)
Access strips, as defined in § 125-3 herein, shall be not less than 25 feet in width, measured along a line perpendicular to the center line of the access strip. In its review of subdivision plats, the Planning Board may limit the length of the access strip for reasons of health, safety or public welfare.
§ 125-14 Land under water or mapped as wetland.
No more than 25% of the minimum lot area required under the Zoning Ordinance may be satisfied by land which is under water or mapped as a wetland by the Wetlands Control Commission, except that in an R-4A District, no more than 50% may be so satisfied.
§ 125-15 Obstructions in yards; fences and gates.
[Amended 10-15-1991; 4-6-2004 by L.L. No. 6-2004]
A.
No fence or gate shall be erected except as provided herein:
(1)
A fence or gate may be erected in a residential district wholly within the lot lines of the subject property, provided that the fence:
(a)
Is located 20 feet or more from the front lot line and does not exceed six feet in height.
(b)
Is located less than 20 feet from the front lot line and does not exceed four feet in height; provided that a permit for same has been issued by the Building Inspector.
[1]
Application for a fence or gate shall be made on a form or forms provided by the Town. An application shall be accompanied by a plan or sketch clearly showing the location and height of the proposed fence or gate and it shall state the material of which it shall be constructed, all of which shall be in conformity with this chapter and accompanied by the appropriate fee. The Building Inspector may require the submission of an as-built survey to confirm the location of the fence.
[2]
A permit to construct a fence or gate shall be in effect for six months from issuance.
[3]
A final inspection must be conducted by the Building Department after completion of the installation of the fence or gate to check for compliance with the provisions of this chapter.
[4]
The fee for issuance of a permit shall be set by resolution of the Bedford Town Board.
(c)
Is located inside the required front, side and rear yard requirements, provided that it conforms to the provisions of this chapter with respect to walls of structures, with each 12 feet or fraction thereof being deemed a story of a principal structure.
(d)
Encloses a swimming pool, provided that it conforms to the New York State Uniform Fire Prevention and Building Code, in addition to these regulations.
(2)
A fence or gate may be erected in a nonresidential district wholly within the lot lines of the subject property, provided that the fence or gate does not exceed six feet in height, with any such fence or gate being subject to site plan review in accordance with Article IX, Site Plan Approval, of this chapter.
(3)
The following provisions shall apply to all fences and gates, residential and nonresidential, in the Town of Bedford:
(a)
A fence or gate shall be erected within property lines so that the smooth or finished side shall face to the outside of the premises. All fence posts shall be placed on the inside of a fence, except for a fence to contain livestock.
(b)
No fence or gate shall be erected in such a manner as to inhibit or divert the natural drainage flow or cause the blockage or damming of surfacing water creating ponding.
(c)
No fence or gate shall be erected which may create a fire hazard or other dangerous condition or which may result in obstruction to effective fire fighting.
(d)
Fences and gates shall be erected within the boundaries of the applicant’s property.
(e)
Fences and gates shall be maintained in a safe and substantial condition.
(f)
Any driveway gate that obstructs access to the property for Fire Department personnel is required to be equipped with an approved hold-open device for emergency operation. This device must be approved by the Building Department. The emergency operation of these gates shall be maintained at all times. As to existing gates that obstruct driveway access, the section shall be effective as of July 1, 2005.
(g)
No fence shall be located or constructed on a terrace or wall that will result in or have an overall height of more than that permitted, unless such fence shall be located at least 10 feet back from that terrace or wall.
(h)
No fence or gate shall be erected within 20 feet of a public street which shall, in the judgment of the Superintendent of Highways, be a safety hazard or obstruct the view of vehicular or pedestrian traffic on such streets.
(4)
The following fences and gates and fencing materials are specifically prohibited:
(a)
Barbed, razor or ribbon wire or broken glass as part of any fence or gate, unless specifically permitted.
(b)
Pointed metal fences or gates, unless located within either the Bedford Village Historic District or the Katonah Historic District and approved by the Bedford Historic District Review Commission or the Katonah Historic District Advisory Commission.
(c)
Canvas and/or cloth fences, except when used to protect shrubs and vegetation.
(d)
Electrically charged fences and gates, unless permitted pursuant to § 125-25.
[Amended 4-5-2022 by L.L. No. 3-2022]
(e)
Poultry and/or turkey wire fences and gates within minimum front, side and rear yards.
(f)
Temporary fences or gates, such as snow fences, unless on sites under construction, for snow control, or as permitted pursuant to § 125-25..
[Amended 4-5-2022 by L.L. No. 3-2022]
(g)
Expandable fences and gates and collapsible fences and gates, except during construction of a building.
(h)
Chain link fences and gates erected with the open loop at the top of the fence.
(5)
All existing fences and gates which do not conform to the provisions of this chapter may be continued as they presently exist, except that these fences and gates shall not be altered, extended, replaced or modified except in accordance with the provisions of this chapter.
B.
A cornice, chimney or other architectural feature may project beyond the wall of a building into a yard so as to reduce by no more than 12 inches, the required minimum dimensions of such yard. Such a cornice or other architectural feature may measure in area no more than 25% of the wall upon which it is located.
C.
Mailboxes.
§ 125-16 Awnings and canopies beyond property lines.
A.
An awning projecting beyond the property line of any lot into a public right-of-way shall not be erected or maintained on any building or structure, unless such awning be at all points at least seven feet above the level of said right-of-way, nor shall any such awning project beyond the line of said public road a distance greater than six feet. Any such awning shall be firmly affixed to the building to which it is accessory and entirely supported by such building.
B.
A permanent marquee or canopy projecting beyond the property line of any plot into a public right-of-way shall not be erected or maintained, except that a temporary and/or removable canopy may be erected, provided that the canopy shall be at all points at least seven feet above the level of said public right-of-way, and all parts of said canopy and its supports shall be at least 20 inches back of the gutter of such public right-of-way.
§ 125-17 Adjustment of front yard depth.
If the alignment of existing buildings within 100 feet of each side of the lot in question and within the same block and district and on the same side of the road is nearer to the road than the front yard depth prescribed in the Table of Dimensional Requirements,[1] the front yard depth for any building or structure on that lot may be taken as the average front yard depth of the adjoining buildings.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
§ 125-18 Yard requirements for corner lots.
On a corner lot, there shall be provided a side yard on a side street equal in depth to the required front yard. The rear yard may be elected by the owner, provided that it is indicated on plans filed with the Building Inspector.
§ 125-19 Sight distance on corner lots.
On a corner lot, no fence, wall, structure, tree or shrubbery or other obstruction more than three feet in height above the plane of the established grade of the roads shall be erected or placed on any part of the front or side yard herein established that is included within the triangular area formed by the nearest edges of road pavement and a straight line between two points each a minimum of 75 feet back from the intersection of the nearest edges of pavement prolonged. Such obstructions may be permitted if authorized, in writing, by the Highway Superintendent.
§ 125-20 Exceptions to height limitations.
The maximum building height limitations of this chapter shall not apply to flagpoles, church spires, belfries, domes, chimneys, ventilators, skylights, tanks or solar energy collectors or other similar features and necessary mechanical appurtenances not used for human occupancy, provided that:
§ 125-21 Inner court dimensions.
The least dimension of any inner court at the sill level of the lowest windows shall be at least equal to the height of the highest wall forming part of such court.
§ 125-22 Sewer or septic system required.
No structure of any kind in which persons customarily live, sleep, eat, work or congregate shall be erected unless such building is equipped with toilet facilities connected with a public sewer or septic tank or to some other means of disposal approved by the Westchester County Department of Health.
§ 125-23 Underground installation of utilities.
In any development requiring site plan review under the provisions of Article IX of this chapter, all new utilities and services, including lines and equipment for providing power and/or communication, including cable television, shall be installed underground. All installations shall be made in accordance with the rules and regulations of the appropriate municipal district and/or utility company. If the site includes a new road, all underground utility lines, except for underground service connections, shall be located outside the traveled way. If located outside of the road right-of-way, the necessary easements for this purpose must be provided prior to site plan approval by the Planning Board.
§ 125-24 Buffer screening areas.
Any application to the Planning Board or Board of Appeals for the erection, construction, enlargement, alteration or movement of any building or structure or for the establishment of any use within any business or industrial district or any nonresidential use in any residence district shall include provisions for a buffer screening area at least 10 feet in width along any lot line abutting or, if determined necessary by the approving authority, directly across the street from any lot in a residence district. This requirement may be waived by the approving authority in situations where it determines that large distances, topographic features or existing vegetation satisfy the same purpose. Where such a buffer screening area is required, it shall meet the following standards:
A.
It shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the approving authority, will screen the activity involved from the neighboring residential area. Nonevergreen planting may seasonally supplement evergreen planting, but not take its place.
B.
The plan and specifications for such planting shall be filed with the plans for the use of the lot.
C.
Required planting shall be properly trimmed and maintained in good condition at all times.
§ 125-25 Keeping of animals.
A.
General regulations. The following regulations apply to the maintenance of animals in all districts:
(1)
The maintenance, breeding, raising, purchase and/or sale of all animals and their products, including but not limited to milk and eggs, is considered an accessory use and is permitted, subject to the requirements listed below.
(2)
The acreage required to meet the standard for one type of animal may not also be applied to meet the standard for another type of animal. For example, the maintenance of two horses and four goats on one lot would require a lot area of at least five acres.
(3)
All animals living primarily within the residence and not regulated below are excluded from these regulations.
(4)
All animals shall be suitably contained to prevent damage to persons and property.
B.
Regulations for specific animals.
(1)
Fowl (such as chickens and ducks).
(a)
The maintenance of 12 or fewer fowl is permitted as an accessory use in the R-1/2A, R-1A, R-2A and R-4A Districts. No roosters shall be permitted in the R-1/2A and R-1A Districts.
(b)
All feed shall be housed in rodentproof containers.
(c)
The maintenance of more than 12 fowl on a lot must meet the following standards:
[1]
At least four acres of lot area in the R-4A District is required.
[2]
All structures used for the housing and feeding of fowl and all exercise yards, pens or other areas used for their maintenance shall be located at least 50 feet from each property line and at least 150 feet from any existing residence other than that on the lot. Abutting lots with common beneficial ownership shall be considered a single lot.
(2)
Goats and sheep.
(a)
The maintenance of two or fewer goats or sheep is permitted as an accessory use on conforming lots in the R-1A, R-2A and R-4A Districts. All structures, exercise yards, pens or other areas used for their maintenance shall be located at least five feet from each property line.
(b)
All feed shall be housed in rodentproof containers.
(c)
The maintenance of three or more goats or sheep on a lot must meet the following standards:
[1]
At least one acre of lot area is required for the first two goats or sheep. An additional one-half (1/2) acre of lot area is required for each goat or sheep after two.
[2]
All structures used for the housing or feeding of goats or sheep shall be located at least 50 feet from each property line and at least 150 feet from any existing residence other than that on the lot. All exercise yards, pens or other areas used for their maintenance shall be located at least five feet from each property line.
(d)
Targeted vegetation management.
[Added 4-5-2022 by L.L. No. 4-2022]
[1]
Goats and sheep are permitted to be used for management of vegetated land for a limited duration of time for such purposes as land clearing, eradicating invasive species or harmful flora, and regenerating damaged land.
[2]
Targeted vegetation management requires a minimum parcel size of five acres.
[3]
A permit must be applied for and obtained from the Town Clerk. A filing fee must be paid in accordance with the Town Fee Schedule and all requirements for issuance of a permit as set forth in the permit application shall be satisfied before a permit is issued.
[4]
The following permit conditions apply:
[a]
Permitted animals may graze for a maximum of 30 consecutive days and for not more than twice per twelve-month period from the date of permit approval.
[b]
Permitted animals pursuant to § 125-25B(2)(d) must be contained by temporary fencing unless already contained by permanent fencing, pursuant to § 125-15. Temporary fencing specifically used in connection with this section may be nonelectrified or electrified. If electrified, all of the following conditions must be satisfied:
[i]
The electrically charged fence shall be UL listed and installed and maintained per manufacturer specifications.
[ii]
The fence shall be installed and used in accordance with NYS Electrical Code.
[iii]
The electrically charged fence may not exceed 12 amps.
[iv]
The electrically charged fence shall be a pulsed charge system and not a continuous charge system.
[v]
The electrically charged fence must be powered through the usage of a small rechargeable battery pack or solar energy battery pack.
[vi]
Signage must be posted at intervals not less than 20 feet demonstrating usage of a live current.
[vii]
The electrically charged fence shall not exceed four feet in height and shall be placed a minimum of 25 feet from any property line.
[viii]
An additional temporary exterior fence must be installed to fully encapsulate the electrically charged fence and must be spaced a minimum of five feet away from the perimeter of the electrically charged fence. The exterior temporary fence height shall be between four and six feet in height. Any fencing measuring six feet in height must be set back a minimum of 20 feet from the front property line.
[c]
Any temporary structures used in connection with this section must adhere to applicable zoning district setback requirements.
[5]
All premises on which permitted animals are kept or maintained shall be clean from filth, garbage and any substances which attract rodents. All supplemental feed and water shall be securely stored in water-tight and vermin-proof containers.
[6]
Care of animals. All permitted animals kept on the premises shall have daily access to fresh drinking water (not from nearby lakes, ponds, etc.). All permitted animals permit shall receive proper veterinary treatment and regular deworming. In the event that an animal becomes ill, hurt, or perishes, the permit holder and the owner of the goat is responsible for immediate on-site care or removal of said animal from the premises.
[7]
Permitted animals shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property.
(3)
Horses. On conforming lots in the R-2A and R-4A Districts, the maintenance of horses is permitted as an accessory use, subject to the conditions listed below:
(a)
Two acres of lot area shall be required for the first horse; one acre of lot area shall be required for each horse after one.
(b)
Barns and manure storage areas shall be located at least 50 feet from each property line and 150 feet from any existing residence other than that on the lot. Fences and all exercise yards or pasture lands shall be located at least five feet from each property line. Abutting lots with common beneficial ownership shall be considered a single lot.
(c)
All feed shall be housed in rodentproof containers.
(d)
The boarding of 10 or more horses on any property requires the approval of a special permit by the Planning Board. (See § 125-78.)
(e)
Riding instruction is permitted, provided that no paid advertising is used to announce such use and provided that instruction is limited to a single pupil at a time.
(f)
Commercial livery stables are not permitted.
(4)
Cattle.
(a)
On conforming lots in the R-2A and R-4A Districts, the maintenance of cattle is permitted as an accessory use. Two acres of lot area shall be required for the first such animal; one acre of lot area shall be required for each such animal after one.
(b)
All structures used for the housing or feeding of cattle shall be located at least 50 feet from each property line and at least 150 feet from any existing residence other than that on the lot. All exercise yards, pens or other areas for their maintenance shall be located at least five feet from all property lines. Abutting lots with common beneficial ownership shall be considered a single lot.
(c)
All feed shall be housed in rodentproof containers.
(5)
Dogs.[1]
(a)
Dogs less than six months old shall be exempt from these regulations.
(b)
The maintenance of three or fewer dogs is permitted as an accessory use in any district.
(c)
The maintenance of four or more dogs must meet the following standards:
[1]
At least one-half (1/2) acre of lot area is required for the first three dogs. An additional one-fourth (1/4) acre of lot area is required for each dog after four.
[2]
All structures used for the housing or feeding of dogs shall be located at least 50 feet from each property line and at least 150 feet from any existing residence other than that on the lot. All exercise yards, pens or other areas for their maintenance shall be located at least five feet from each property line. Abutting lots with common beneficial ownership shall be considered a single lot.
(6)
Swine.
(a)
The maintenance of two or fewer swine is permitted as an accessory use on conforming lots in the R-2A and R-4A Districts.
(b)
All feed shall be housed in rodentproof containers.
(c)
The maintenance of three or more swine on a lot must meet the following standards:
[1]
At least one-third (1/3) of an acre is required for each animal.
[2]
All structures used for the housing or feeding of swine shall be located at least 50 feet from each property line and at least 150 feet from any existing residence other than that on the lot. All exercise yards, pens or other areas for their maintenance shall be located at least 50 feet from each property line. Abutting lots with common beneficial ownership shall be considered a single lot.
[3]
The maintenance of 10 or more swine requires the approval of a special permit from the Planning Board.
§ 125-26 Tag sales.
§ 125-27 Accessory buildings or structures.
[Amended 2-7-1984; 5-15-1984; 8-1-1989; 6-7-2005 by L.L. No. 7-2005; 4-3-2018 by L.L. No. 3-2018; 9-17-2024 by L.L. No. 7-2024; 9-16-2025 by L.L. No. 5-2025]
The accessory buildings and structures listed below shall be permitted in all districts, subject to the following:
A.
The total building coverage of all principal and accessory buildings and structures, regardless of size, located on a lot shall comply with the maximum building coverage requirements in § 125-50 herein.
B.
The following shall be considered accessory buildings or structures for the purposes of this section: tennis courts, paddle tennis courts and similar facilities without provisions for night play; swimming pools; garages for passenger or commercial vehicles; studios; greenhouses; treehouses/playhouses; garden houses; sheds/tool houses; pool houses/cabanas; barns; solar energy collectors; aboveground storage tanks (including but not limited to tanks for the storage of water, gas, diesel, gasoline and propane) and aboveground mechanical equipment (including but not limited to generators, air-conditioning condensers, pool pumps, pool filters and pool heaters).
C.
Accessory buildings and structures not greater than 100 square feet in floor area and not more than 10 feet in height measured to the highest point of the building or structure shall be located not closer than 1/3 of the side yard and rear yard dimensions specified in § 125-50 herein. Accessory buildings and structures shall comply with the front yard setbacks specified therein.
D.
Individual accessory buildings and structures greater than 100 square feet in ground floor area or greater than 10 feet in height shall meet the following requirements:
(1)
Accessory buildings and structures permitted under this section shall comply with the front, rear and side yard requirements specified in § 125-50 herein and shall be limited in height to a maximum of 20 feet measured to the highest point of the building or structure.
(2)
The ground floor of an individual accessory building or structure permitted under this section shall not exceed 0.5% of the area of the lot on which the accessory building or structure is located.
E.
In calculating maximum building coverage, 50% of the square footage of tennis courts and paddle tennis courts should be included in the calculation of building coverage.
F.
The following accessory buildings shall be permitted to have a sink and/or half bath: barns and studios; provided, however, that a building permit shall be required for the installation of a half bath in any barn or studio.
G.
Barns used for the purpose of housing livestock are also permitted to have a washer and dryer and/or wash stall for livestock.
H.
Pool houses/cabanas shall be permitted to have sinks, a half bath, washer and dryer, bathtub and indoor and/or outdoor shower and kitchen facilities; provided, however, that a building permit shall be required for the installation of a half bath, bathtub or an indoor or outdoor shower in any poolhouse/cabana.
§ 125-28 Customary home occupations.
[Amended 2-1-2005 by L.L. No. 2-2005; 6-19-2012 by L.L. No. 5-2012; 9-16-2025 by L.L. No. 5-2025]
A.
It is the intent of this section to permit customary home occupations to be conducted and carried on in an existing dwelling unit or in an existing accessory structure, provided that such customary home occupation does not disturb the residential characteristics and nature of the neighborhood in which it is located.
B.
A customary home occupation is a special use permit for which the Planning Board is authorized to grant a special use permit in all residential zoning districts subject to the following conditions:
(1)
The use is conducted solely within the dwelling unit or in an existing accessory structure by the occupants of the dwelling and the use is clearly incidental and secondary to the use of the dwelling unit for living purposes.
(2)
There is no external display or advertising of goods or services or other external evidence of such use except for one nonilluminated nameplate not over one square foot in area, with letters not exceeding 1 1/2 inches in height.
(3)
The establishment of such occupation shall not require external alterations or involve exterior construction features not customarily found in residential neighborhoods with the exception of alterations required for handicapped accessibility.
(4)
The occupation does not utilize an area exceeding 25% of the floor area of the first story of the dwelling unit or 500 square feet, whichever is less. In the case of an accessory structure, the limits of not more than 25% of the first floor of the residential building or 500 square feet shall also apply. In addition, there shall be no expansion of the existing building area of an accessory structure to permit the home occupation.
(5)
The appliances and equipment shall be operated in such a manner that they do not produce and emit, beyond the boundaries of the lot on which the use is located, dust, glare, hazard, heat, light, noise, nuisance, odor, radiation, radio or television interference, smoke or vibration and are in no other manner obnoxious, offensive or detrimental to the immediate neighborhood.
(6)
The use itself is conducted in such a manner or during such hours that it is in no way obnoxious, offensive or detrimental to the immediate neighborhood.
(7)
There are to be no employees other than members of the family residing in the dwelling unit.
(8)
No article is sold or offered for sale except such as produced by members of the immediate family residing in the dwelling.
(9)
In the case of an instructor in violin, etc., music teacher or tutor of standard scholastic subjects, the office or studio shall be so equipped and used that the sounds therefrom shall not be heard beyond the boundaries of the premises on which the use is located.
(9A)
No more than one client shall be served by the customary home occupation at one time on the property.
(10)
There shall be no more than one customary home occupation within a lot.
(11)
There shall be no outside storage of equipment, supplies and/or commercial vehicles related to the permitted home occupation.
(12)
The Planning Board shall determine the number of off-street parking spaces that must be provided, their location on the lot and the screening which shall be provided. The customary home occupation shall be so conducted that on-street parking shall not exceed what would be expected for a residence without such home occupation, and, if it is not so conducted, the special use permit shall be subject to revocation.
(13)
The proposed customary home occupation and the parking and traffic incident thereto:
(a)
Will not create or aggravate hazards or dangers to the public or to persons in the vicinity.
(b)
Will not be incongruous with or detrimental to the prevailing residential character of the neighborhood.
(c)
Will not impair the use, enjoyment or value of adjacent residential properties.
(d)
Will not detract from the appearance of the area.
(14)
The Planning Board may permit a customary home occupation in an accessory structure which has existed for at least five years and, in the opinion of the Planning Board, meets all conditions of this section. In evaluating the proposal the Planning Board shall consider whether an accessory structure's use for a customary home occupation will alter the existing residential character of the neighborhood.
(15)
The Planning Board must first consider the following before granting a special use permit hereunder:
(a)
In making any determination whether to approve or deny a special use permit for a customary home occupation, the Planning Board shall take into account other factors, such as the proximity of schools and other home occupations.
(b)
In addition in granting any such permit, the Planning Board may impose reasonable conditions consistent with preserving the character of the neighborhood and the public health, safety, morals and general welfare of the community appropriate to the application. Among the limitations which may be imposed are:
[1]
A limit on the hours of operation and on the number of visitors permitted per hour.
[3]
A requirement that visitors must have scheduled appointments.
[4]
A limit on the number of vehicles that may be parked in the driveway or designated parking area of the premises at any one time.
[5]
A requirement that driveways must be expanded, or may not be expanded to accommodate visitor parking.
[6]
Restrictions on public advertising inviting patients, clients, customers or students to visit the premises if the premises is identified by specific address.
[7]
The scope of the use for which the residence is to be used and/or any other restrictions which may be reasonable, in light of the potential adverse impacts of operation of the customary home occupation to the neighborhood.
[8]
Other conditions as appropriate to the application.
(16)
Any such special permit granted under this section shall be limited to a period of one year and may be renewed for additional periods as determined by the Planning Board.
(17)
Any permit granted by the Planning Board shall apply only to the use described in such permit, and it shall expire upon the termination or modification of such use, the sale of the property, or any increase in the future size of the dwelling unit or accessory structure.
(18)
In considering any special use permit for a customary home occupation, the Planning Board shall consider whether the site has been subject to a current violation of any provision of the Zoning Code, or is a nonconforming structure in any respect, and may deny the permit based on that information.
C.
Inspection.
(1)
All residents engaging in existing home occupations, as well as those receiving special permits pursuant to this section, shall be subject to the right of inspection of their premises by the Building Inspector or Code Enforcement Officer upon 30 days' written notice.
(2)
The failure to permit an annual inspection by the Building Inspector or Code Enforcement Officer shall constitute a violation of the provisions of this section and result in the immediate revocation of the lawfully permitted home occupation.
(3)
All presently existing customary home occupations must come into compliance with this section within 10 years of the effective date. For all other purposes, until the expiration of the ten-year period, said customary home occupations shall be deemed nonconforming accessory uses and shall be subject to compliance with the regulations of § 125-11 of this chapter.
D.
Penalties for offenses. Any owner who fails to secure a special permit for the operation of a customary home occupation, as provided in this chapter, or who otherwise violates the provisions of this chapter shall be guilty of an offense punishable by a fine of up to $250 or imprisonment not to exceed 15 days, or both, upon conviction of a first offense; and for the second and each subsequent conviction, by a fine of not less than $500 nor more than $1,000 or imprisonment not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
§ 125-29 Coin- or electrically operated amusement devices.
The operation of three or fewer coin- or electrically operated amusement devices is permitted as an accessory use to any lawful use permitted in the NB, CB, RB, LI or PB-R District. The operation of more than three coin- or electrically operated amusement devices in conjunction with any use or as a separate use is prohibited in all districts.
§ 125-29.1 Aircraft and airfields.
[Added 12-20-1983]
The Town finds that due to the proximity of the Westchester County Airport, the landing of craft in the Town is not required to serve the transportation needs of Town residents. Therefore, no landings or takeoffs of any aircraft and no airfields are permitted in any district.
§ 125-29.2 DH Diversified Housing District.
[Added 10-18-1994 by L.L. No. 3-1994]
A.
Purposes. The purpose of the DH District shall be to provide increased housing opportunities in the Town of Bedford for an economically diverse population who, because of reasons of cost, are presently excluded from purchasing residences in the Town of Bedford. It is the intent of the Town to provide the lowest cost housing possible in this district. The Town Board, with the cooperation of the Blue Mountain Housing Corporation and all Town, county, state and federal agencies, will work to use all possible means to provide housing for those with moderate means.
§ 125-29.3 EL Housing For Elderly District.
[Added 9-17-1985; amended 10-18-1994 by L.L. No. 3-1994]
A.
Purposes. The purpose of the EL District is to provide increased housing opportunities for the elderly population of the Town of Bedford. Because many of the elderly live on limited incomes, it is the intent of the Town to provide the lowest cost housing possible in this district. The Town Board, with the cooperation of the Blue Mountain Housing Corporation and all Town, county, state and federal agencies, will work to use all possible means to provide housing for those elderly with limited financial means.
§ 125-29.4 Aquifer Protection Zone.
[Added 1-28-1986; amended 9-16-2025 by L.L. No. 5-2025]
A.
Findings. The Town of Bedford finds that:
(1)
The groundwater underlying the Town is a major source of its existing and future water supply, including drinking water.
(2)
The groundwater aquifers are integrally connected with and flow into the surface waters, lakes and streams, which constitute a major source of drinking water for New York City or for parts of the State of Connecticut.
(3)
Accidental spills and discharges of toxic and hazardous materials have threatened the quality of such groundwater supplies and related water resources in the Town, posing potential public health and safety hazards.
(4)
Unless preventive measures are adopted to control the discharge and storage of toxic and hazardous materials within the Town, further spills and discharges of such materials will predictably occur and with greater frequency and degree of hazard by reason of increasing construction, commercial and industrial development, population and vehicular traffic in the Town.
(5)
The foregoing conclusions are confirmed by findings set forth in the Water Quality Management Plan of Westchester County, prepared pursuant to Section 208 of the Federal Clean Water Act, and by Town-commissioned studies.
(6)
There is also a growing concern for control of nitrate-nitrogen in the aquifer within tolerable amounts.
B.
Purpose. The purpose of this section is to protect the public health, safety and welfare through the preservation of the Town's major groundwater resources to ensure a future supply of safe and healthful drinking water for the Town of Bedford, local residents and employees and the general public. The designation of Aquifer Protection Zones and careful regulation of development activities within these zones can reduce the potential for groundwater contamination. The purpose of this section is to protect areas having a high potential for use as a water supply and thereby to maintain the existing quality and improve the future quality of the groundwaters of the Town of Bedford.
C.
Aquifer Protection Zone: location; applicability.
(1)
These regulations shall apply to all land and uses encompassed within the Aquifer Protection Zone as designated on a map entitled "Town of Bedford, New York Aquifer Map," dated December 5, 1985, which map is hereby made a part of these regulations.[1]
[1]
Editor's Note: The Town of Bedford, New York Aquifer Map is included as an attachment to this chapter.
(2)
These regulations shall be in addition to other requirements for the zoning districts designated on the Zoning Map of the Town of Bedford and shall apply irrespective of other sections of this code.[2]
[2]
Editor's Note: The consolidated Zoning Map is included as an attachment to this chapter.
D.
Use regulations for Aquifer Protection Zones.
(1)
Permitted principal and accessory uses. All uses which are permitted under the existing zoning regulations are permitted in the Aquifer Protection Zone unless otherwise identified in Subsection D(2) and,(3) and (4) below, including the following:
(a)
On-site sewage disposal systems, provided that no such system shall discharge more than 300 gallons of wastewater per acre per day, as determined by the following schedule:
Use | Wastewater Equivalent* (gallons per day) |
|---|---|
Single-family dwelling | 300 |
Efficiency apartments and hotel/motel units | 100 per unit, plus food service |
Efficiency apartments and hotel/motel units over 400 square feet in area | 150, plus food service |
1-bedroom apartments/condominiums | 150 |
2-bedroom apartments/condominiums | 225 |
3-bedroom apartments/condominiums | 300 |
1-bedroom planned retirement apartments/ condominiums | 100 |
Seasonal cottages | 100 per bedroom |
Tourist camps | 60 per site |
Trailer parks | 150 per trailer |
Theaters | 1.5 per occupant |
Drive-in theaters | 5 per parking space |
Bowling alleys and racquetball or tennis Courts | 100 per court or alley |
Day schools | 5 per occupant, plus food service |
Boarding schools or boarding homes | 75 per occupant |
Office space | 12 per occupant |
Industrial storage/warehouses | 0.04 per square foot of building area |
Spas, beaches or country clubs | 15 per occupant, plus food service |
Medical arts | 225 per suite |
Hospitals | 300 per bed |
Nursing homes | 150 per bed |
Proprietary homes | 110 per bed |
Public gathering places | 15 per occupant |
Eating places | 30 per occupant |
Bars | 15 per occupant, plus food service |
Catering halls | 7.5 per occupant |
Markets and wet stores | 0.05 per square foot of building floor area |
Delicatessen and food processing | 0.15 per square foot of building floor area |
Dry stores | 0.03 per square foot of building floor area |
Take-out eating | 1.5 per square foot of building floor area |
Churches | 1.5 per occupant 5 per occupant |
Bathhouses | 1.5 per occupant 5 per occupant |
Laundry facilities | 400 per washing Machine |
Light industrial uses | 0.03 per square foot of building floor area |
*NOTE: These figures are to be used only for the purposes of the Aquifer Protection Zone; they are not the standards of the Westchester County Department of Health. |
(b)
On-site storage of heating oil in tanks of less than 1,100 gallons installed below ground, provided that such tanks are designed and constructed in accordance with the standards of the New York State Department of Environmental Conservation rules and regulations for bulk storage (6 NYCRR 613). Replacement tanks must meet the requirements of this section.
(2)
Special permit uses.
(a)
Within the Aquifer Protection Zone, each use below requires the issuance of a special permit by the Planning Board pursuant to the requirements of §§ 125-57 through 125-65:
[1]
On-site sewage disposal systems that discharge more than 300 gallons of wastewater per acre per day as measured by the criteria of § 125-29.4D(1)(a).
[3]
The handling and storage of road salt and deicing materials, provided that structural and nonstructural measures are implemented to prevent leachate contamination. Such measures may include, but are not limited to, building enclosures, impervious pads and pavements, self-contained drainage systems, detention basins, filters, separators or other devices and other management practices.
[4]
Groundwater heat pumps supplying heating and cooling for other than a one-family detached dwelling unit, provided that such systems are designed to treat, if necessary, and return discharged water to the groundwater.
(b)
As stated in § 125-61, the Planning Board may attach such conditions and safeguards to any special permit as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements. Such conditions may include, but are not limited to, monitoring wells and the requirement of additional setbacks from sewage disposal systems to downgradient property lines.
(3)
Prohibited uses. The following uses are prohibited uses within the Aquifer Protection Zone:
(a)
The disposal of hazardous materials or solid waste.
(b)
The treatment of hazardous materials, but not including rehabilitation programs authorized by a government agency for treating existing hazardous materials.
(c)
The storage of hazardous materials, except in sealed or unopened containers for resale or in containers normal for household use.
(d)
The creation of hazardous materials.
(e)
Dry-cleaning and dyeing establishments and laundries that utilize cleaning solvents.
(f)
Printing and photo processing establishments.
(g)
Furniture and finish stripping establishments.
(h)
The storage of hydrocarbon products except for heating oil and vehicle fuel stored in vehicle tanks.
(i)
Oil, gasoline or hazardous material pipelines.
(j)
Disposal of septic sludge.
(k)
Uses otherwise allowed in the zone which may discharge hazardous materials into the groundwater.
(l)
Automotive service stations; public garages.
E.
Aquifer impact assessment. All applications for a special permit pursuant to § 125-29.4D(2) shall include an aquifer impact assessment. The purpose of this assessment shall be to demonstrate that no activities will be conducted upon the property that will result in groundwater infiltration into a designated aquifer such that, at a confidence level of 90%, the New York State Drinking Water Standards (10 NYCRR 5) will not be violated at the property line. Said assessment shall be prepared by a qualified hydrogeologist at the expense of the applicant. The cost to the Town of hydrogeologic review of such assessment shall be paid by the applicant. The aquifer impact assessment shall include, insofar as is pertinent to the application:
(1)
Aquifer flow characteristics, including a delineation of the primary recharge area, distribution of transmissivity and details of the hydrologic budget, including natural and man-induced sources of recharge and withdrawal. Existing data from Town studies on the aquifer areas may be used in the aquifer impact assessment.
(2)
Details of the proposed aquifer usage, including static conditions of the potentiometric surface, range of withdrawals anticipated and the potentiometric surface at critical points in that range. An estimate of the quantity of induced surface flows at each critical point in the range shall also be detailed.
(3)
Potential impacts resulting from the planned discharges or withdrawals, including impacts to other users of the aquifer (wells, surface expressions of groundwater, etc.) in terms of levels, quantity of water available and induced quality changes. The impacts resulting from induced infiltration, including quantity implication to both the groundwater and surface water systems, shall be addressed.
(4)
Proposed measures to mitigate any adverse impacts, the system for monitoring quantity, quality or any other aspect deemed important, including monitoring wells, and a reporting schedule, shall be specified.
§ 125-29.5 Child day care.
[Added 7-16-1996]
B.
The provisions of the foregoing section notwithstanding, any building or structure to be erected, constructed, enlarged, altered, structurally altered or moved in connection with any child day-care use shall be subject to the building permit requirements of §§ 125-125A, B, E, F and G, the certificate of compliance requirements of § 125-126 and the certificate of occupancy requirements of § 125-127 hereof.
§ 125-29.6 Affordable housing.
[Added 2-1-2005 by L.L. No. 1-2005; amended 8-17-2010 by L.L. No. 3-2010; 2-21-2012 by L.L. No. 1-2012; 6-18-2019 by L.L. No. 10-2019; 9-16-2025 by L.L. No. 5-2025]
A.
Findings; policy. The Town of Bedford finds that:
(1)
The Town faces a shortage of affordable housing due to the high cost of housing in the Town, which impacts the general welfare of the municipality.
(2)
The Town has an obligation to assist Westchester County and New York State in the preservation, rehabilitation, and construction of affordable housing.
(3)
The social and economic diversity of the Town is dependent upon a reasonable supply of affordable housing.
(4)
The Town's Comprehensive Plan encourages the creation of affordable housing within the Town.
(5)
The Town Housing Agency utilizes substantial resources in providing and assisting in the provision of affordable housing.
(6)
It is the policy of the Town to require applicants to share in the creation of affordable housing.
(7)
Under certain circumstances and in certain zoning districts it may be inappropriate to construct AAFFH units on the site of a proposed development involving multiple single-family residences due to limitations on the property in question and other factors, and that it may be preferable and appropriate to allow the payment of a fee-in-lieu of construction of such AAFFH unit or units into a fund, hereinafter known as the "Town of Bedford Housing Trust Fund," which fee-in-lieu of construction would be used for the purchase and development of AAFFH units at other locations within the Town by the Town Housing Agency.
B.
Purpose. The purpose of this section is to ensure that new residential development in the Town includes a reasonable supply of fair and affordable housing. This section sets forth standards for affordable housing to be provided in conjunction with residential development of land.
D.
Creation of AAFFH units.
(1)
AAFFH units in single-family zoning districts.
(a)
Within all residential developments of five or more units, no less than 10% of the total number of units must be created as AAFFH units. For this purpose, 0.5 unit shall be rounded to the next highest whole number. For example, a development of 17 units will require two AAFFH units. These units must be provided on the site of the proposed development.
[1]
Notwithstanding any provision set forth in § 125-29.6D(1)(a) to the contrary, an applicant for a single-family residential subdivision located in a residential zoning district with at least a two-acre or more minimum lot requirement and with five or more units may make application to the Planning Board for discharge of such applicant's obligation to construct an AAFFH unit. or units, by the payment of a fee-in-lieu of construction to the "Town of Bedford Housing Trust Fund" to be used only for the purchase and/or development of affordable housing at other suitable locations within the Town.
[2]
The determination of the Planning Board to allow payment of a fee-in-lieu of construction shall be discretionary with the Planning Board, depending on all the facts and circumstances applicable to the particular subdivision application. In determining whether to approve such application, the Town Planning Board may consider some, or all, of the factors, referenced in § 125-29.6E(2) below and any other factors the Planning Board determines to be relevant in making the determination regarding whether the AAFFH unit, or units, should be constructed on the proposed development site.
[3]
The Planning Board shall request a recommendation from the Town Housing Agency prior to making any determination with respect to whether to allow for a fee-in-lieu of construction, which recommendation shall be provided within 60 days of the date the request is received.
[4]
In the event that Planning Board approves the application to waive the requirement that the AAFFH unit or units be constructed on the proposed development site, and to instead allow a fee-in-lieu of payment, the amount of the fee-in-lieu of payment shall be determined in accordance with the requirements in § 125-29.6J, below.
(b)
Within all residential developments of less than five units, in addition to the methods specified in § 125-29.6D(1)(a) the Planning Board may require a fee-in-lieu payment in accordance with the requirements of § 125-29.6I, below.
(c)
When a proposed residential subdivision contains 20% or more AAFFH units, the Planning Board may:
[1]
Waive or reduce certain fees for applicants.
[2]
Consider such other forms of assistance which may be under the control of the Town.
[3]
Actively assist in obtaining assistance of federal, state or other agencies in support of affordable housing development.
[4]
Allow the reduction of dimensional requirements by not more than 25% and an allowance for shared parking so as to reduce infrastructure costs.
(2)
AAFFH units in multifamily zoning districts.
(a)
At least 20% of the units of any multifamily residential development in any multifamily residential zoning district shall be established as AAFFH units. These AAFFH units must be provided on the site of the proposed development, or at an approved off-site location.
E.
Planning Board Review. The Planning Board shall consider the following provisions in reviewing affordable housing unit applications:
(1)
Siting of AAFFH units. Unless otherwise stated herein, all AAFFH units constructed under this section shall be situated within the proposed development or, in the case of multifamily residential development, at an approved off-site location so as not to be in less desirable locations than market-rate units in the proposed development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.
(2)
Minimum design and construction standards for affordable units. AAFFH housing units within market-rate developments shall be integrated with the rest of the developments and shall be compatible in design, appearance, construction and quality of materials with other units.
(3)
Timing of construction or provision of affordable units or lots. The construction of affordable units shall occur proportionately with the construction of the market-rate units in the subdivision. No certificates of compliance may be issued for the last 10% of market-rate units within a development until the last affordable unit has been issued a certificate of compliance.
(4)
Minimum floor area. The minimum gross floor area per AAFFH unit shall be no less than the following:
Dwelling Unit | Minimum Gross Floor Area (square feet) |
|---|---|
Efficiency | 450 |
1-bedroom | 675 |
2-bedroom | 750 |
3-bedroom | 1,000 (including at least 1.5 baths) |
4-bedroom | 1,200 (including at least 1.5 baths) |
For the purpose of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies. | |
(5)
Affordable housing requirements for special populations. At the discretion of the Planning Board and upon a showing of good cause, affordable housing requirements for special populations may be waived or modified. Said population may include the handicapped, the infirm or seniors when such housing is independent-living, congregate-care, nursing-home or such other housing for special populations that the Town Housing Agency recognizes.
(6)
Unit appearance and integration.
(a)
Within single-family developments, the AAFFH units may be single-family homes or may be incorporated into one or more two-family homes. In single-family zoning districts other than two and four acres, each single-family AAFFH unit may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the development. In the two- and four-acre single-family zoning districts, each single-family or two-family AAFFH unit or units shall be located on a lot of at not less than one acre. In zoning districts other than two- and four-acre, each such two-family home shall be located on a lot meeting the minimum lot area for the single-family homes in the development. All such units shall be compatible in appearance, siting and exterior design from the other single-family homes in the development, to the greatest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of AAFFH units. Notwithstanding the foregoing, this provision shall not allow a greater density of lots than would otherwise be permitted.
(b)
Within multifamily developments, the AAFFH units shall be physically integrated into the design of the development and shall be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development. AAFFH units shall be compatible with other market-rate units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AAFFH units.
(7)
Conservation zoning. The Planning Board shall consider the provisions of conservation subdivisions and conservation development, which may provide for bonus units, of the Town Zoning Law in furtherance of the Town's goals for providing affordable housing.
(8)
Property restriction. All AAFFH units must be restricted using a document such as a declaration of restrictive covenants, in recordable form acceptable to the Town Attorney, which shall ensure that the AAFFH unit shall permanently remain subject to affordable regulations. Among other provisions, the covenants shall require that the unit be the primary residence of the residential household selected to occupy the dwelling unit. Upon approval, such declaration shall be recorded against the property containing the AAFFH unit prior to the issuance of a certificate of occupancy for the dwelling unit.
F.
Expedited project review process.
(1)
Pre-application meeting. The applicant for a development including AAFFH units shall be entitled to attend at least one pre-application meeting at which representatives will be in attendance from each Bedford agency and staff expected to play a role in the review and approval of the development application and construction. The purpose of the pre-application meeting will be to expedite the development application review process through:
(2)
Meeting schedule and timeline. Bedford agencies and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the pre-application to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including AAFFH units shall be entitled to at least one additional meeting per year with the same departments, agencies, authorities, boards, commissions, councils or committees to review any and all items discussed at previous pre-application meetings.
(3)
Calendar/agenda priority. Bedford agencies with review or approval authority over applications for developments including AAFFH units shall give priority to such applications by placing applications for all developments including AAFFH units first on all meeting and work session calendars and agendas and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.
G.
Administration by the Town Housing Agency.
(1)
Responsibility. The Town Housing Agency shall be responsible for administering the affordable housing requirements of this section as well as for the promulgation of such rules and regulations as may be necessary to implement such requirements.
(2)
Maximum cost. At the time of issuance of a building permit, the Building Inspector shall send a copy of such permit to the Town Housing Agency, which shall then inform the applicant of the maximum rental or sales charge which may be established for AAFFH units in such development and the maximum annual gross family income eligibility for occupancy of said units.
(3)
Annual eligibility requirements. With respect to rental units, on or before March 30 of each year thereafter, the Town Housing Agency shall notify the owner or manager of each affordable unit as to the rent and income eligibility requirements for such unit based upon figures derived from the preceding calendar year. With respect to ownership units, the Town Housing Agency shall provide sales criteria for the sale of an affordable housing unit at the time of offering the unit for sale or resale.
(4)
Certification. The owner or manager of each AAFFH rental unit shall annually certify to the satisfaction of the Town Housing Agency that the requisite number of affordable units have been assigned to income-eligible individuals who meet the income guidelines in effect when said individual(s) took occupancy. Annual certification shall include unit designations and occupant names and shall be signed by the developer or his or her designated representative, as appropriate, and the Chairman of the Town Housing Agency.
(5)
Marketing plan. All such AAFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
(6)
Preferences. No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable AAFFH units created under this subsection.
(7)
Maximum rent and sales price. The maximum monthly rent for an AAFFH unit and the maximum gross sales price for an AAFFH unit shall be established in accordance with U.S. Department of Housing and Urban Development guidelines as published in the current edition of the Westchester County Area Median Income (AMI) Sales and Rent Limits, available from the County of Westchester.
(8)
Time period of affordability. Units designated as AAFFH units must remain permanently affordable for rental properties and ownership units.
(9)
Resale requirements.
(a)
In the case of owner-occupied AAFFH units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this section, or the sum of:
[1]
The net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between the month that was two months earlier than the date on which the seller acquired the unit and the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index, and fails to designate a successor index, the municipality will designate a substitute index; and
[2]
The cost of the major capital improvements made by the seller of the unit while said seller of the unit owned the unit, as evidenced by paid receipts, depreciated on a straight-line basis over a fifteen-year period from the date of completion, and such approval shall be requested for said major capital improvement no later than the time the seller of the unit desires to include it in the resale price.
(b)
Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.
(10)
Lease renewal requirements.
(a)
Applicants for rental AAFFH units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for a term of not more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or the provisions of other applicable local law.
(b)
If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then:
[1]
Option (a): Said resident may complete his or her current lease term and shall be offered a nonrestricted market-rate rental unit in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign a one-year lease for the AAFFH unit he or she occupies but shall not be offered a renewal of the lease beyond the expiration of said term; or
[2]
Option (b): Said resident shall pay the greater of the following.
[a]
The rent amount payable under the provisions of this section should Option (b) be utilized; or
[b]
Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in the development for units with the same number of bedrooms, or, should Option (b) be utilized, the next open unit will become an AAFFH unit.
[3]
Option (c): Said resident shall pay the greater of:
[a]
The rent amount payable under the provisions of this section; or
[b]
Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in the development for units with the same number of bedrooms for a term of not more than one year.
(11)
Occupancy standards. For the sale or rental of AAFFH units, the following occupancy schedule shall apply:
Number of Bedrooms | Number of Persons |
|---|---|
Efficiency | Minimum: 1; maximum: 1 |
1 bedroom | Minimum: 1; maximum: 3 |
2 bedrooms | Minimum: 2; maximum: 5 |
3 bedrooms | Minimum: 3; maximum: 7 |
4 bedrooms | Minimum: 4; maximum: 9 |
(12)
Affirmative marketing. The AAFFH units created under the provisions of this section shall be sold or rented, and resold and re-rented, to only qualifying income-eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan, so as to ensure outreach to racially and ethnically diverse households.
H.
Previously approved affordable housing units. Affordable housing units approved prior to the adoption of this section shall continue with the provisions of their original approvals.
I.
In-lieu-of payment fees for developments of fewer than five single-family units. An applicant for a single-family residential subdivision may, as specified by the Planning Board, pay a fee-in-lieu of the construction of an AAFFH unit, on a scaled cost based on the zoning district as set forth below. Said fee shall be deposited into the "Town of Bedford Housing Trust Fund," to be used only for the purchase and development of affordable housing at other locations within the Town.
Zoning District | In-Lieu Fee Per Newly Created Lot |
|---|---|
1/4 acre | $4,000 |
1/2 acre | $4,750 |
1 acre | $7,000 |
2 acres | $11,000 |
4 acres | $14,000 |
J.
In-lieu of payment fees for developments of five or more single-family dwelling units in two- or four-acre single-family zoning districts.
(1)
Planning Board to determine the amount of the fee-in-lieu payment. In the event the Planning Board approves an application pursuant to § 125-29.6D(1)(a)[1], to allow an applicant for a single-family residential subdivision with five or more units in two- or four-acre single-family zoning districts to discharge such applicant's obligation to construct an AAFFH unit, or units, by the payment of a fee-in-lieu of construction, the Planning Board shall make the final determination with respect to the amount of the fee-in-lieu of construction payment to be made to the "Town of Bedford Housing Trust Fund" to be used only for the purchase and development of an AAFFH unit or units at other locations within the Town.
(2)
The Planning Board shall be required to request a recommendation from the Town Housing Agency prior to making any determination with respect to whether to allow for a fee-in-lieu of construction, which recommendation shall be provided within 60 days of the date the request is received.
(3)
Factors considered in determining the amount of the fee-in-lieu payment. The Planning Board may consider any of the following factors, among others, in determining the amount of the fee-in-lieu payment:
(a)
The zoning district within which the proposed development is located.
(b)
The maximum sales price obtainable for the AAFFH unit or units as determined by reference to standards mandated by Westchester County.
(c)
The approximate costs to be incurred in connection with the construction of the AAFFH unit or units under the auspices of the Town Housing Agency and/or Blue Mountain Housing Development Corporation in place of the applicant, which costs shall include, but not be limited to, the costs of acquisition of a building lot or lots and all costs of design, approval, construction and marketing of the AAFFH unit or units in accordance with the requirements hereof.
(d)
The approximate costs to the applicant to construct the AAFFH unit, or units, in accordance with the requirements hereof. Such costs would be utilized to determine the approximate net financial burden imposed upon the applicant who is required to construct an AAFFH unit, or units, on the proposed development site;
(4)
Experts and consultants. In connection with its analysis of the factors referenced above, among others, the Planning Board, in determining the amount of the fee-in-lieu payment, shall have the authority to engage experts and to consult with representatives of the Town Housing Agency and Blue Mountain Housing Development Corporation.
§ 125-29.7 Use restrictions in CB and NB Districts.
[Added 7-14-2009 by L.L. No. 5-2009; amended 7-7-2015 by L.L. No. 9-2015]
A.
In the CB and NB Districts, no principal nonresidential uses, except emergency service providers, medical and veterinary offices and restaurants, shall operate between the hours of 1:00 a.m. and 6:00 a.m.
B.
In the CB and NB Districts, no single permitted use, except emergency service providers, shall occupy a space greater than 4,000 square feet in area on the first floor of any building.