Lewisboro City Zoning Code
ARTICLE III
General Regulations
§ 220-8 Applicability.
A.
Conformity required. No building or structure shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building, structure, use or land is located.
[Amended 11-1-2004 by L.L. No. 3-2004]
B.
Minimum requirements. In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for attainment of the purposes set forth in Article I. If any provision set forth herein conflicts with another provision set forth herein, then the most restrictive provision shall govern.
[Amended 11-1-2004 by L.L. No. 3-2004]
C.
Conflicting standards. Where this chapter requires a greater width or size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied or otherwise imposes greater restrictions than required by any other statute, bylaw, ordinance or regulation, the provisions of this chapter shall govern. Where the provisions of any other statute, bylaw, ordinance or regulation require a greater width size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied or otherwise impose greater restrictions than are required by this chapter, the provisions of such statute, bylaw, ordinance or regulation shall govern.
§ 220-9 Nonconforming uses and structures.
A.
Continuation of existing nonconforming uses.
(1)
Any lawful use of a structure or of land existing on the effective date of this chapter may be continued, subject to the regulations specified below, even though such use does not conform to the use provisions of this chapter. Such uses shall be deemed nonconforming uses.
(2)
Similarly, whenever a zoning classification or the restrictions affecting property within a district shall be changed hereafter so as to render nonconforming a use then presently lawfully existing, such use may continue subject to the regulations specified below. Such uses shall be deemed nonconforming uses.
B.
Nonconforming use of land. Where no structure is involved, the lawful nonconforming use of land may be continued, provided that:
(1)
Such nonconforming use shall not be enlarged or increased, nor shall it be extended or moved to occupy a greater or different area of land than occupied by such use at the time it was rendered nonconforming, unless specifically allowed by other provisions of this chapter.
(2)
No nonconforming use of land shall be changed to another nonconforming use except as provided in Subsection E.
(3)
If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of more than six months, any future use of such land shall be in conformity with all use provisions of this chapter or shall have been approved under the provisions of Subsection E.
(4)
If such nonconforming use of land or any portion thereof is changed to a conforming use, any future use of such land or portion thereof shall be in conformity with all use provisions of this chapter.
C.
Nonconforming use of structures. The nonconforming use of a structure may be continued, provided that:
(1)
Such structure shall not be enlarged, extended or altered unless the use therein is changed to a conforming use or except to conform to an order of the Building Inspector to either correct an unsafe condition or to conform to the requirements of applicable laws or ordinances. Should the work needed to conform to an order of the Building Inspector exceed 50% of the fair market value of the entire structure at the time of the order, as determined by the Town Assessor, the structure shall not thereafter be altered, reconstructed or used except when any future use of such structure shall be in conformity with all use provisions of this chapter or shall have been approved under the provisions of Subsection E.
(2)
Such nonconforming use of a structure shall not be enlarged or extended except that, under the provisions of Subsection E, such nonconforming use may be extended throughout parts of the structure which were manifestly arranged or designed for such use at the time it was rendered nonconforming.
(3)
No nonconforming use of a structure shall be changed to another nonconforming use, except as provided in Subsection E.
(4)
If such nonconforming use of a structure substantially ceases, as defined below, for any reason whatsoever for a continuous period of more than one year, any future use of such structure and the land on which it is located shall be in conformity with all use provisions of this chapter or shall have been approved under the provisions of Subsection E. Substantial cessation of activities consistent with or required for the operation of such nonconforming use or substantial vacancy of the structure in which the nonconforming use was conducted in combination with the substantial cessation of activities shall be deemed to constitute a discontinuance thereof within the meaning of this section irrespective of whether an intention to abandon the nonconforming use may exist. On application, the Board of Appeals may extend this period upon a finding that it is not reasonable in its application to the particular premises.
(5)
If such nonconforming use of a structure is changed to a conforming use, any future use of such structure shall be in conformity with all use provisions of this chapter.
(6)
Any structure within which a nonconforming use is located which is damaged or destroyed by any means to an extent exceeding 50% of the fair market value of the entire structure at the time of the damage, as determined by the Town Assessor, shall be permitted to be reconstructed only if the future use of the structure and the lot on which it is located shall be in conformity with all use provisions of this chapter or shall have been approved under the provisions of Subsection E.
(7)
Any structure within which a nonconforming use is located which is damaged to an extent equal to or 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 does not exceed 50% of the fair market value of the entire structure at the time of the damage, as determined by the Town Assessor.
(c)
The reconstruction or structural alteration is commenced within six months of the date of such damage and completed within one year of said date. On application, the Board of Appeals may extend this period upon a finding that it is not reasonable in its application to the particular premises.
(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.
Nonconformities other than use.
(1)
A structure which is conforming in use but does not conform to the height, yard, building coverage, floor area ratio, off-street parking or other dimensional requirements of this chapter shall be deemed to be dimensionally nonconforming.
(2)
No permit shall be issued nor shall any changes be made in such structure that will result in the increase of any such dimensional nonconformity. Any structure or portion thereof may be altered so as to decrease a dimensional nonconformity or in a manner that will not affect an existing dimensional nonconformity, subject to compliance with any applicable approvals.
E.
Improvement or change of nonconforming uses. In order that nonconforming uses may be brought into greater conformity with this chapter and the adverse external effects of such nonconforming uses may be reduced, the owner of the land or structure so used may be permitted by the Board of Appeals to make improvements to such land or structure in accordance with the procedures set forth in this Subsection E, which procedures may require the preparation and approval of a site development plan. Alteration, improvement or reconstruction of a nonconforming use or the structure in which it is located shall be deemed to include but not be limited to changes in the location and layout of parking areas and access drives, changes in exterior lighting, architectural changes, including structure entries, and grade alteration. The establishment of new or additional landscaping and the maintenance of new or additional landscaping and the maintenance of exterior structure surfaces are exempt from the procedures of this section. Consistent with the intent of this subsection, a change from one nonconforming use to another nonconforming use may be permitted by the Board of Appeals in accordance with the procedures set forth in this section, which procedures may require the preparation and approval of a site development plan.
[Amended 2-23-1993 by L.L. No. 5-1993]
(1)
A property owner who wishes to make an alteration, improvement or reconstruction to a lot or structure which is the site of a nonconforming use or who wishes to change one nonconforming use to another nonconforming use shall request approval for such action from the Board of Appeals. Said request shall include a description of the proposed action and adequate explanation of its purpose. A fee shall accompany the request in an amount set forth in a fee schedule established by resolution of the Town Board.[1]
[1]
Editor's Note: The fee schedule is on file in the Town offices.
(2)
The Board of Appeals may require the submission of any other pertinent information as may be necessary to determine and to provide for the proper enforcement of this chapter.
(3)
The Board of Appeals may approve the proposed alteration, improvement, reconstruction or change of use if the Board determines that the following criteria are met:
(a)
The proposed action will not result in an increase in any nonconforming aspect of the property or use, including scale of operation, physical construction and impact on surrounding properties, except as provided in Subsection E(4).
(b)
The proposed use is more appropriate to the district in which the property is located.
(c)
The alteration, improvement, reconstruction or change of nonconforming use will not be inconsistent with the purposes of this chapter and would not have a detrimental impact on surrounding properties occupied by conforming uses.
(d)
All conditions or safeguards identified by the Board of Appeals as necessary or appropriate to further the purposes of this chapter are required of the property owner as a condition of the Board's approval.
(4)
Planning Board referral.
(a)
Prior to making the determinations under Subsection E(3) the Board of Appeals shall refer the request to the Planning Board when, in the opinion of the Board of Appeals, the requested action may affect the physical use or development of the lot to such an extent as to benefit from the technical review procedure provided for in Article VI.
(b)
When such a referral to the Planning Board is made, the property owner shall prepare a site development plan in accordance with Article VI for submission to the Planning Board.
(c)
The Board of Appeals shall withhold a determination of approval of the proposed alteration, improvement, reconstruction or change of use until after receipt of a recommendation from the Planning Board. Action by the Board of Appeals shall reference a site development plan and all modifications to said plan required by the Planning Board.
(5)
Notwithstanding the above criteria, the Board of Appeals may approve an increase in a nonconforming aspect of a use or structure if the Board finds that the increase is the minimum possible so as to achieve an overall site development or use in greater conformance with the intent of this section and the purposes of this chapter. In such cases, the findings of the Board of Appeals shall be specified in writing.
§ 220-10 Building lots.
A.
Every building and structure hereafter erected, and every use hereafter established, shall be located on a lot as defined herein. Unless a special use permit is granted in accordance with Article V of this chapter, accessory buildings, structures and/or uses shall only be permitted and located on the same lot as a duly authorized principal building, structure and/or use to which it is accessory, and no lot shall be created that has an accessory building, structure or use without a principal use.
[Amended 11-1-2004 by L.L. No. 3-2004; 2-22-2016 by L.L. No. 2-2016]
B.
Subdivision of a lot.
(2)
Where a lot is formed hereafter from part of a lot already occupied by a structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith.
(3)
The approval of a subdivision plat by the Planning Board shall be required prior to the combination of any land parcels into a building lot if a change in a filed lot line is required so as to create the buildable lot. The eradication of lot lines shall not require the approval of a plot by the Planning Board.
(4)
Any land contained in a road widening strip dedicated to the Town as requested by the Planning Board may be counted as part of the required areas of the lot from which it is taken. Land dedicated for such purposes may not be counted in satisfying yard requirements.
C.
Existing undersized lots.[2] A lot, the area or dimensions of which are less than those required for the district in which it lies, may be deemed to qualify for the issuance of a building permit if it meets the exemption requirements of § 265-a of the Town Law or provided that:
(1)
The lot met the zoning requirements at the time the deed to the lot was recorded;
(2)
All applicable district regulations other than the minimum lot area are complied with;
[Amended 11-1-2004 by L.L. No. 3-2004]
(3)
The lot was separated in ownership from any adjoining tracts of land on the effective date of this chapter or any amendment thereto which resulted in said lot having less than the minimum area as required by current regulations; and
(4)
The owner of such lot does not own any contiguous lots which, if combined in part or in whole with the first named lot, would make the first named lot a conforming lot. If contiguous lots are in the same ownership, said other lots, or so much thereof as may be necessary, shall be combined with the first named lot, in accordance with Subsection B, to make one conforming lot, whereupon a permit may be issued but only for such combined lots.
D.
Lots made nonconforming by future amendment. When and where the required area or dimensions of lots may be changed by future amendment of this chapter, any legal lot existing at that date and made nonconforming by such amendment may be built upon subject to the limitations contained in Subsection C herein.
E.
Parts of lots not counted toward minimum area requirements.
(1)
For any new lot created by subdivision, no part of such lot less in width than 1/3 of the required minimum lot width for the district in which it is located shall be counted as part of the required minimum lot area.
(2)
Buildable area.
[Amended 11-1-2004 by L.L. No. 3-2004]
(a)
The area of any new lot created by subdivision must be documented to contain a portion of the basic required minimum lot area as specified in § 220-23 or 220-24 which consists of land likely to be buildable. Such portion of land shall not include land under water, land meeting the definition of "wetlands and watercourses," "one-hundred-year floodplain," or land with slope of or greater than 15% over a horizontal distance of 25 feet or more in the direction of the slope.
[Amended 12-17-2009 by L.L. No. 5-2009]
(b)
Said portion of the basic required minimum lot area must be a contiguous segment of each lot having a minimum width of 50 feet between opposing limits of said contiguous buildable area (refer to Figure B below). Any portion of a lot less in width than 1/3 of the required minimum lot width shall not be included.
 |
|---|
Figure B Contiguous Buildable Area |
(c)
The portion of the basic required minimum lot area shall be as follows:
Zoning District | Required Minimum Contiguous Area Consisting of Land Likely to be Buildable (square feet) |
|---|---|
R-4A | 50,000 |
R-2A | 40,000 |
R-1A | 35,000 |
R-1/2A | 20,000 |
R-1/4A | 10,000 |
R-2F-10 | 9,300 |
R-2F-7.5 | 7,125 |
R-MF | No regulation |
(d)
The principal building and sewage disposal system (not including centralized sewer systems) shall be constructed in the contiguous buildable area.
F.
Condominium lots in the R-MF Multifamily Residence District. For any lot created by subdivision in the R-MF Multifamily Residence District pursuant to § 220-26I (a "condominium lot"), so long as the approved site development plan pursuant to which such condominium lot was created (or any extension, modification, amendment, reapproval or regrant thereof) remains in effect, such condominium lot may be developed in accordance with such approved site development plan, notwithstanding that such condominium lot, standing alone or as improved pursuant to such site development plan, fails to comply with any lot shape, minimum lot size, maximum site coverage, maximum floor area ratio, frontage, yard and setback, other dimensional limitation, access or parking requirement, or lot or subdivision improvement requirement or standard provided in this § 220-10, in the R-MF Multifamily Residence District or otherwise in this chapter or in Chapter 195, Subdivision of Land. A condominium lot approved and created pursuant to § 220-26I shall, so long as it conforms to any such site development plan, be deemed a conforming lot in the R-MF Multifamily Residence District.
[Added 4-25-2011 by L.L. No. 3-2011]
§ 220-11 Street frontage.
[Amended 11-1-2004 by L.L. No. 3-2004]
No building permit shall be issued for the establishment of any use or construction of any building or structure unless the lot upon which such use is to be established or such building or structure is to be built has a minimum frontage of 25 feet on a street which has been suitably improved to the satisfaction of the Town Board or Planning Board or for which a performance bond sufficient to cover the full cost of such improvement has been furnished to the Town. Each lot must be shown to be capable of providing access to a street and access for emergency vehicles between the frontage and any existing or proposed principal building and/or principal use on said lot. No portion of a lot located between the required street frontage and the site of a principal building and/or principal use shall have a width of less than 25 feet measured along a line perpendicular to the center line of the accessway. Any appeal application to the Zoning Board of Appeals requesting an area variance for street frontage as required herein and/or as set forth in § 280-a of New York State Town Law shall be referred to the Town Board and Planning Board for review and recommendation prior to the rendering of a decision on said application. A minimum of 30 days shall be provided for said reviews.
§ 220-12 Yards and setbacks.
[Amended 9-10-2003 by L.L. No. 7-2003; 4-28-2025 by L.L. No. 6-2025]
A.
No part of a yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building or any other lot.
B.
Obstructions in yards. No buildings or structures or any projection from buildings or structures shall be permitted in a required yard, except as follows:
(1)
Architectural features such as windowsills, door frames, chimneys, eaves or cantilevered roofs may project up to three feet into any required yard, provided that such architectural features shall not occupy more than 25% of the area of the wall from which they project.
(2)
Paved open terraces shall be considered in the determination of lot coverage for all permitted residential and nonresidential land uses and shall not be permitted to project to a point closer than the minimum required setback distance from any property line for all permitted residential and nonresidential land uses.
(3)
No porches or balconies may project into any required yard area.
C.
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.
D.
Exception for existing alignment of buildings. If, on one side of the street within 250 feet of any lot, there is pronounced uniformity of alignment of the fronts of existing buildings and of depths of front yards less than the required minimum depths specified in this chapter, the Zoning Board of Appeals may permit a reduction in the front yard setback requirement, provided that the spirit and intent of this chapter is met and that the setback shall conform as nearly as practicable to those existing on neighboring lots.
E.
Walls or fences in required yard areas.
(1)
Walls or fences shall not exceed six feet in height measured from adjacent ground level to the top of such wall, fence or combination thereof, except that in R-1/2A District or less restrictive residential districts, walls or fences shall not exceed four feet in height.
(2)
Walls or fences that are between four feet and six feet in height, are located along a street line and are constructed of either chain link or have a surface area that is more than 25% opaque within any five-foot horizontal section shall be subject to the following limitations:
(a)
A minimum setback of five feet from any street line for fences under 25 feet in overall length, and a minimum setback of 10 feet for fences 25 feet or over in overall length. In no case shall any fence be located less than 30 feet from the street center line.
(b)
Limited in total length along any one street of any one lot to 100 feet.
(c)
Located no closer than 15 feet to any side lot line or, on a corner lot, located no closer than 15 feet to the intersecting street line.
(d)
All fences 25 feet or over in overall length shall include landscaping between the fence and the street line along the length of the fence. Said landscaping shall include one ornamental tree planting for every 25 feet of fence length. Further landscaping is encouraged.
(3)
Barbed-wire fences, razor fences and other fences constructed of sharp materials are prohibited in the Town of Lewisboro.
(4)
The finished quality on the side of all walls and/or fences shall face outward from the premises towards the adjacent street or neighboring property.
F.
Street sight distance.
(1)
No fence, wall or planting shall be erected or placed on a lot so as to obstruct a clear line of sight for traffic on a public street.
(2)
On a corner lot, no fence, wall or planting shall be erected, placed or maintained within a corner of a lot so as to obstruct a clear line of sight for traffic within the pavement and a straight line between two points, each 75 feet back from the theoretical intersection of the nearest edges of pavement prolonged. "Line of sight" is defined as the observer's eye being four feet above the grade of the pavement edge and the object being one-foot above the grade of the pavement edge.
(3)
This provision shall not apply to existing trees, provided that no branches are closer than eight feet to the ground.
§ 220-13 Projecting features.
[Amended 9-10-2003 by L.L. No. 7-2003]
The maximum building height limitations of this chapter shall not apply to church spires and belfries in any case, nor to flagpoles, domes, chimneys, ventilators, skylights or tanks or to similar features and such necessary mechanical appurtenances not used for human occupancy, provided that:
§ 220-14 Exterior lighting standards.
[Amended 2-23-1993 by L.L. No. 5-1993; 4-28-2025 by L.L. No. 6-2025]
A.
Purpose: Exterior lighting should be used only where needed, lighting should be directed to where it is needed, lighting should be no brighter than needed, lighting controls such as timers or motion detectors should be used to ensure light is available when needed, dimmed when possible, and turned off when not needed, and warmer colors should be used when possible. It is the purpose of this section to regulate the installation of exterior lighting in order to minimize light pollution in the Town of Lewisboro by:
(1)
Providing standards for outdoor lighting;
(2)
Promoting energy efficient and sustainable lighting practices and luminaires by using fixtures with optical controls that distribute light in the most effective and efficient manner;
(3)
Minimizing adverse off-site impacts from new and existing lighting installations by using shielded outdoor light fixtures where required and wherever feasible;
(4)
Further assuring that the light generated by outdoor fixtures does not extend beyond the property line of the property from which it emanates at levels exceeding the requirements of this section;
(5)
Permitting reasonable uses of outdoor lighting for safety, utility, security, productivity, commerce, and enjoyment;
(6)
Minimizing glare;
(7)
Avoiding negative impacts on nearby residential properties regarding encroachment of lighting;
(8)
Reducing atmospheric light pollution; and
(9)
Requiring that certain outdoor fixtures be extinguished during nighttime hours as shall be determined by the Planning Board during site plan, special use permit, and subdivision plan review.
B.
Applicability.
(1)
Existing installations. All existing outdoor lighting shall comply with the provisions of this section. All existing outdoor lighting on a structure which is replaced, modified, refurbished, retrofitted, and/or installed after the effective date of this Zoning Chapter shall be the minimum necessary, in both number of luminaires and intensity of light, to achieve the intended purpose of the lighting, and shall conform to the standards as further provided in this section.
(2)
Additions, improvements, alterations and additions of new fixtures. All outdoor lighting, including lighting and/or light fixtures as part of an addition, modification, alteration, or otherwise, installed after the effective date of this Zoning Chapter, shall conform to the standards as further provided in this section.
(3)
The Town of Lewisboro shall be exempt from these provisions.
C.
Lighting plan for all nonresidential and multifamily structures. As part of any site plan, special permit, or subdivision plan, the Planning Board may require submission of a lighting plan and supporting data. In addition, the Building Inspector, in their sole discretion, may refer an applicant for any work involving outdoor lighting fixtures governed by this section to the Planning Board for site plan approval with respect to said lighting.
(1)
The lighting plan shall include the following, unless waived by the Planning Board:
(a)
Proposed fixture locations;
(b)
Lighting levels measured in footcandles;
(c)
Details and illustrations of proposed fixtures including photometric data, such as that furnished by manufacturers, or similar, showing the angle of cutoff of light emissions;
(d)
Glare control devices, lamps;
(e)
Mounting heights;
(f)
Additional information that the Planning Board or Building Inspector determines is necessary, including, but not limited to, an iso-lux plan indicating levels of illumination in footcandles, at ground level, and a statement of the proposed hours and days of the week when the luminaires will be on and when they will be extinguished, maintenance, the location and use of adjacent properties, and a list of nearby properties that may be affected by the proposed lighting plan.
(2)
Prior to issuance of a certificate of occupancy, the developer or builder must be able to verify to the Building Inspector in writing, compliance with this section. If there is a change request in the lighting plan and it is not substantial, the Building Inspector may approve it. If the change request is substantial, the Building Inspector shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.
D.
Standards for residential structures.
(1)
All outdoor lights and externally illuminated signs shall be designed, located, installed, and directed in such manner as to prevent to the maximum extent practicable light trespass at and across the property lines and to be shielded to the extent possible so as to confine the light within the property. Motion-sensor security lighting is recommended to promote safety and to reduce the amount of night lighting in the Town.
(2)
All lighting in connection with all residential structures and uses shall be directed away from nearby streets and properties and shall not cause any objectionable glare observable from such street and properties. Compliance with the following standards shall be required: Exterior lights shall be placed or shielded so that no direct light source (i.e., bulb, lamp, tube) shall be visible at any property line at a height of more than four feet above grade.
E.
Standards for nonresidential and multifamily structures. Lighting shall conform to the following standards:
(1)
All lighting, including sign lighting, shall be designed and arranged so as to minimize glare, light trespass, and reflection on adjacent properties consistent with the provisions of this section.
(2)
The style of the light, light standard, pole and fixture shall be consistent with the architectural style of the building and its surroundings.
(3)
Unless specified elsewhere herein or except for private outdoor recreational facilities, such as baseball and other field sports, the maximum height of a freestanding luminaire shall be determined by the approving authority. The maximum allowable height of a building or structure-mounted luminaire shall be 20 feet.
(4)
The source of the light shall be fully shielded with full 90° cutoff luminaires or located such that it shall not be visible beyond the property boundary on which it is situated. The lighting shall also be shielded to prevent direct glare and/or light trespass and shall be, as much as physically practical, contained to the target area. Floodlighting is prohibited.
(5)
All light fixtures shall be pointed directly toward the ground, a 90° angle from its mounting location; mounting brackets shall be nonadjustable.
(6)
Unless otherwise permitted by the Planning Board, all light fixtures shall be dimmable.
(7)
Light trespass. Illumination from light fixtures shall not exceed 0.0 footcandle on adjacent residential property, or 0.1 footcandle on adjacent nonresidential or multifamily property, as measured along the shared property boundary at ground level.
(8)
The Planning Board may impose limits on the hours of lighting operations. The Planning Board may require that lights be controlled by automatic timing devices. The Planning Board shall consider the need to provide security in determining the hours of lighting operations. All nonessential lighting shall be turned off not later than one hour after, and not sooner than one hour before, normal business hours, leaving only the necessary lighting for site security and signage, which shall be reduced to the minimum level necessary, but in no event shall exceed one footcandle. Nonessential lighting applies to display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the Town.
(9)
Light control and trespass shall be accomplished primarily through the proper selection and layout of lighting fixtures. The installation of landscaping, fences, walls or similar screening devices may also be considered by the Planning Board.
(10)
Energy-efficient light sources are encouraged. LED color of 3,000K is preferred but shall not exceed 5,000K in any event.
(11)
Luminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Where no standard is available from the IESNA, the applicable standard shall be determined taking into account the levels for the closest IESNA activity, as determined by the approving board or person. Where said standard is inconsistent with the footcandle requirements set forth herein, the more stringent shall govern.
(12)
Waivers. Where site conditions warrant exceptions to the strict application of standards in this section, the Planning Board may waive the requirements set forth in this section provided that the intent of this section is met.
§ 220-15 Landscaping, screening and buffer areas.
[Amended 4-28-2025 by L.L. No. 6-2025]
A.
Landscaping required. All portions of properties containing a multifamily use or a nonresidential use not used for structures, off-street parking and loading areas, sidewalks or similar purposes shall be left in a natural state or landscaped and maintained to minimize erosion and stormwater runoff and to blend such uses with the neighborhood and enhance the character of the Town as a whole. No plantings shall be placed or maintained so as to conflict with the street intersection line of sight requirements specified in § 220-12F.
B.
Landscaping standards. A landscape plan shall be submitted in conjunction with any site plan, subdivision, or special use permit application unless waived by the Planning Board. The following standards shall be met:
(1)
Landscaping shall be appropriate to the project, and the natural vegetative cover shall be preserved to the maximum extent practicable. Natural areas shall be protected during construction. A concerted effort shall be made during the design stage to integrate natural features of the site into the proposed site plan.
(2)
A landscape plan shall be prepared by a New York State licensed and/or registered landscape architect or similarly qualified NYS-licensed qualified professional. The Planning Board, as a condition of approval, may require that the landscape consultant periodically inspect the construction and installation of landscape materials.
(3)
A landscape plan shall include plant selection suitable to the conditions of the site with an emphasis on native plantings and ones that are conducive to pollinators. Plant specimens native to the region are to be used to the greatest extent practicable. The use of exotic species shall be avoided to the maximum extent practical. A mix of plant materials, sizes, habits and textures shall be selected for each planting plan. Over-planting of any one species shall be avoided.
(4)
Within the area of proposed disturbance, the location of trees with a diameter of six inches or greater measured at chest height ("dbh") shall be indicated on the plan. The tree specimen and its conditions shall be noted on the plan. Healthy trees of 12-inch dbh shall be preserved to the maximum extent practicable.
(5)
For areas near roads, plants shall be selected according to their hardiness and ability to withstand highway salt conditions or snow "throw" compaction.
(6)
In parking lots, landscape medians to receive plant materials shall have a minimum inside width of five feet, except that, where vehicle overhang is permitted, an inside width of 10 feet shall be required.
(7)
Attention to environmental objectives and energy conservation, as well as design value, should be evident in the landscape plan. Environmental applications for plantings can include, among others, air filtration, temperature modification, natural slope stabilization, provision of edible fruit-bearing plants, the use of New York State Department of Environmental Conservation recommended wetland plants in wetland buffer areas, etc.
(8)
Plantings of all types shall be completed only at such times as weather and soil conditions are favorable for seed germination, plant establishment and subsequent growth. Generally, such conditions occur between April 1 and June 1 and between August 20 and November 1. However, conditions vary for different plants and different years. Accepted horticultural practices shall be followed in this regard.
(9)
Extreme care and caution shall be exercised in grading operations around existing trees scheduled for preservation. Protective tree fencing shall be placed around the tree(s) at or beyond the dripline(s). Cuts within the dripline, or the addition of 12 inches or more of fill, can result in tree mortality and shall be avoided to the maximum extent practical.
(10)
Tree wells are encouraged where grading necessarily comes in close proximity to trees. In areas of fill, the tree well should be concentric to the dripline, and of a diameter at least half that of the dripline. In areas of cut, the tree well should also be concentric to the dripline but should be of a diameter at least equal to that of the dripline. In cases where grade changes affect only one side of the tree, partial tree wells are acceptable.
(11)
Erosion and sedimentation controls shall be provided and designed in accordance with the New York State Department of Environmental Conservation Best Management Practices.
C.
Buffer areas required. All properties containing a multifamily use or a nonresidential use shall have buffer areas which comply with the following minimum standards:
(1)
Buffer areas shall be 30 feet wide along all property lines that abut land in a residence district or are across a street from land in a residence district, unless another section of this chapter requires a greater width.
(2)
Buffer areas shall be 15 feet wide along all property lines that abut land in a nonresidence district and 20 feet wide along all property lines that are across a street from land in a nonresidence district, unless another section of this chapter requires a greater width.
(3)
Buffer areas shall be within the property lines of the subject lot.
(4)
Buffer areas shall remain in their natural state with no construction, grade alteration or clearing permitted, except as may be approved by the Planning Board to meet site access, drainage, recreation, future sidewalks, or landscaping requirements.
(5)
Planting shall be provided within buffer areas of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will establish effective screening.
(6)
A wall, fence or berm of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required planting.
(7)
The Planning Board, in its discretion, may modify or waive both planting and buffer area requirements, particularly where property lines abut lots in non- residence districts and where existing topography, landscaping or land use makes unnecessary these requirements.
D.
Maintenance required.
(1)
All plantings required by provisions of this chapter shall be of nursery stock, be robust when planted and be maintained in a vigorous growing condition, free of debris and litter. Plants not so maintained shall be replaced with new plants no later than the beginning of the next growing season.
(2)
All fences and other screening materials required by provisions of this chapter shall be maintained or replaced to the same quality required of said items at the time of initial installation.
(3)
In the event that maintenance or replacement is not conducted in accordance with these provisions, the Building Inspector shall give written notice of noncompliance to the owner of record of such property. The notice shall order compliance within 30 days. If the property remains in noncompliance at the end of 30 days, the Highway Department, upon direction of the Town Board, shall be authorized to make such maintenance or replacement. The Town Board may authorize additional time to comply with the above requirements to coincide with the planting season.
(4)
The Town Board may provide for the assessment of all costs and expenses incurred by the Town in connection with any action taken as provided in Subsection D(3) against a property found to be in noncompliance after the 30-day notice. The costs and expenses so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property.
§ 220-16 Seasonal outdoor restaurant seating. [1]
[Added 5-19-1998 by L.L. No. 4-1998]
A.
This section shall apply to any restaurant located in any zoning district, notwithstanding any inconsistent provisions of § 220-9 of this chapter, excluding fast-food restaurant establishments as defined in this chapter.
[Amended 12-10-2007 by L.L. No. 4-2007]
B.
An application for site development plan approval as set forth in Article VI herein shall be required for all proposals for, or amendments and alterations to, seasonal outdoor restaurant seating facilities.
C.
The purpose and intent of this section is to permit and regulate limited, seasonal outdoor restaurant seating, as an accessory use, in conjunction with and adjacent to a principal building containing a restaurant, provided that such seasonal outdoor restaurant seating is designed, utilized and maintained in a manner which protects and enhances the rural character of the community. Any such seasonal outdoor restaurant seating facility shall be operated by the related restaurant, shall be required to have all food and beverages prepared inside the related restaurant and shall be adequately screened and buffered to protect adjacent properties. Seasonal outdoor restaurant seating shall be utilized solely for the consumption of food and beverages prepared, served or sold by the related restaurant.
D.
Location. Seasonal outdoor restaurant seating shall be permitted only in conjunction with a principal building containing a restaurant of the same ownership and operation. Areas devoted to seasonal outdoor restaurant seating shall be located directly adjacent to the principal building on a stable base, such as a constructed deck, porch, terrace or patio area. Said area shall be designed in compliance with the requirements of the Americans with Disabilities Act and shall provide direct access to the related restaurant.
E.
Prohibited locations. All seasonal outdoor restaurant seating facilities shall be prohibited in the following site areas:
(1)
Parking areas.
(2)
Designated walkways. (For the purpose of this section, designated walkways shall include those areas of walkways and/or sidewalks which serve as the pedestrian access to buildings and structures or other site uses, such as parking areas and adjacent streets; clear walkway access must be provided and maintained.)
(3)
Minimum landscape buffer areas, pursuant to the requirements of the underlying zoning district.
(4)
Minimum yard areas, pursuant to the requirements of the underlying zoning district.
F.
Maximum area. Seasonal outdoor restaurant seating facilities shall be limited to a maximum outdoor floor area equal to or less than 25% of the total gross floor area of the inside restaurant seating area.
G.
Screening and buffering. All facilities relating to seasonal outdoor restaurant seating shall be adequately screened from adjacent properties and streets, utilizing decorative fencing, stone walls, a mixture of evergreen and deciduous landscaping, building and structures, or a combination thereof.
H.
Lighting. All lights relating to seasonal outdoor restaurant seating shall be minimized and designed to match existing facilities and the surrounding neighborhood character. Lighting shall be directed downward and inward to the site, so that the light source is not visible from an adjacent property. Shields shall be utilized on light fixtures to control and direct the illumination pattern of said light fixtures, to prevent spillage of light emissions across property lines.
I.
Sound systems prohibited: Sound amplification and public address systems and equipment shall be prohibited. Areas approved for seasonal outdoor restaurant seating shall not be utilized for live performances or recorded audio transmissions.
J.
Provision of seasonal outdoor restaurant seating shall not increase the approved seating capacity for the restaurant.
K.
Permissible hours of operation and use of permitted seasonal outdoor restaurant seating facilities shall be 8:00 a.m. to 10:00 p.m. daily.
L.
Notwithstanding the above, outdoor restaurant seating shall be permitted through to December 31, 2022, in accordance with the following:
[Added 4-26-2021 by L.L. No. 4-2021; amended 10-25-2021 by L.L. No. 10-2021]
(1)
The provisions of § 220-16B are suspended in that a full site plan shall not be required for outdoor restaurant seating. The Planning Board shall provide for an expedited review of outdoor dining applications without a public hearing and shall accept a sketch plan or other design drawing deemed acceptable by the Planning Board to sufficiently describe the area to be used tor outdoor dining.
(2)
The provisions of § 220-16E(1), (3) and (4) are suspended in order to allow parking areas to be used for outdoor restaurant seating to the extent same may be set up in a safe area away from the flow of traffic, and to suspend the landscape buffer and minimum yard area requirements set forth therein.
(3)
The provisions of § 220-16G are suspended to allow outdoor restaurant seating without required screening and buffering. However, the Planning Board may require sufficient screening or buffering that it may deem appropriate for each seating area.
(4)
Any such outdoor restaurant seating that is approved pursuant to this section shall remain in compliance with all Westchester County Department of Health and New York State codes, rules, regulations and guidelines.
§ 220-17 Utilities.
In order to achieve greater safety and improved appearance, all water, sewer and gas facilities and all electric, telephone and other wires and equipment for providing power and/or communication shall be installed underground in the manner prescribed by regulations of the state, local and/or utility company having jurisdiction. Where compliance with this section will result in undue hardship because of the design and location of existing facilities, the Planning Board and the Building Inspector may waive this requirement in site plan review and issuance of a building permit.
§ 220-18 Emergency fire access.
A.
All buildings, structures and property shall be provided with unobstructed access for fire-fighting and emergency service personnel, apparatus and equipment. Premises which are not readily accessible from public roads and which the fire department or an emergency service may be called upon to protect in case of fire shall be provided with access roads or fire lanes so that all buildings on the premises are accessible to the fire department and emergency service apparatus.
B.
The determination of adequate emergency fire access shall be made by the Planning Board during site plan review for new construction or by the Building Inspector before the issuance of a building permit. The Planning Board and Building Inspector shall seek the recommendations of appropriate fire district officials before determining adequate emergency fire access.
C.
Designated access roads and fire lanes shall be adequately maintained and kept free and clear of obstructions at all times by the property owner.
§ 220-19 Trailers and portable sanitary facilities.
Trailers and portable sanitary facilities, whether supported on wheels, a foundation or otherwise, shall not be used as a part of any principal or accessory use, except as temporary facilities in connection with and only during the course of construction, and except as it may otherwise be specifically permitted by the provision of these regulations. Temporary permits for trailers and portable sanitary facilities accessory to a construction project may be issued by the Building Inspector for a period not exceeding six months, but may be renewed, for successive periods of not more than three months each, at his discretion, if work on said construction is diligently progressing but not yet completed.
§ 220-20 Outdoor storage.
Storage of household equipment and building materials, except in connection with a valid building permit, more than one unlicensed motor vehicle or parts of motor vehicles unless in connection with a permitted automobile business, machinery, except in connection with existing construction or farm uses, and accumulation of waste material or trash is prohibited unless stored in a fully enclosed building.
§ 220-21 (Reserved) [1]
[1]
Editor's Note: Former § 220-21, Wetlands and steep slopes, amended 11-1-2004 by L.L. No. 3-2004, was repealed 4-28-2025 by L.L. No. 6-2025.
§ 220-21.1 Airfields prohibited.
The Town finds that, due to the proximity of the Westchester County Airport and the Danbury Airport, the landing of aircraft in the Town is not required to serve the transportation needs of Town residents. Therefore, no landings or takeoffs of any aircraft, except emergency aircraft for emergency purposes, and no airfields are permitted in any zoning district.
§ 220-21.2 Stormwater management and erosion and sediment control.
[Added 12-18-2007 by L.L. No. 6-2007]
All plans and improvements pertaining to stormwater management and erosion and sediment control as may be required by the provisions of this chapter shall be designed and constructed in accordance with the requirements, standards and performance and design criteria as set forth in the Lewisboro Stormwater Management and Erosion and Sediment Law, as may be amended from time to time.[1]