Lewisboro City Zoning Code
ARTICLE IV
District Regulations
§ 220-22 Adoption and amendment.
§ 220-23 Schedule of regulations for residential districts.
[Amended 8-13-1991; 2-11-1992 by L.L. No. 1-1992; 2-23-1993 by L.L. No. 5-1993; 11-28-1995 by L.L. No. 6-1995; 2-17-1998 by L.L. No. 1-1998; 4-6-1999 by L.L. No. 3-1999; 9-10-2003 by L.L. No. 7-2003; 3-19-2009 by L.L. No. 2-2009; 7-29-2013 by L.L. No. 7-2013; 11-7-2013 by L.L. No. 10-2013; 6-15-2015 by L.L. No. 3-2015; 9-12-2016 by L.L. No. 6-2016; 6-11-2018 by L.L. No. 6-2018; 2-25-2019 by L.L. No. 1-2019; 10-28-2019 by L.L. No. 10-2019; 4-28-2025 by L.L. No. 6-2025]
A.
R-4A, R-2A, R-1A, R-1/2A and R-1/4A Districts. No building, structure, or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(1)
Permitted uses. Permitted uses shall be as provided in Attachment 5, Table of Use Regulations.
(3)
Ranching, and the raising of field and garden crops, provided that:
(a)
No storage of manure or any other odor- or dust-producing substance shall be permitted within 150 feet of a street, property line, watercourse or wetlands area as per § 271-5A.
(b)
No retail sales shall be permitted on the premises except as stands for the seasonal sale and display of field and garden crops grown on the premises.
(c)
Any structures that house animals in Table 1 below shall be located a minimum distance of 100 feet from any property line. Where a lot used for ranching adjoins a lot in residential use, livestock shall be housed or fenced to control animals from wandering onto the adjoining lot.
(d)
All animal feed is stored in rodent and bear proof containers.
(e)
The minimum lot size and maximum number of animals shall be controlled by Table 1 below: These numbers are cumulative: that is, if multiple types of animals are on the same property, the more restrictive maximum animal number applies to the total number of animals.
Table 1: Minimum Lot Size and Maximum Number of Ranching Animals | |||
|---|---|---|---|
Animal | Minimum Lot Size | Number Permitted Per Acre | Maximum Number of Adults Permitted |
Sheep, goats | 2 acres or 4 acres in R-4A zoning district | 3 adults per acre | 30 |
Pigs | 3 acres or 4 acres in R-4A zoning district | 3 adults per acre, 2 sows with litter per acre. | 20 adults and includes up to 5 sows with litters. |
Cattle | 3 acres or 4 acres in R-4A zoning district. | 1 adult per acre. | 10 |
Horses | 2 acres or 4 acres in R-4A zoning district. | 2 per acre | 6 |
Poultry | 1/2 acre | No more than 10 birds per 1/2 acre. | 20 |
Alpacas, llamas | 2 acres or 4 acres in R-4A zoning district. | 2 adults per acre | 20 |
B.
*R-2F-10 and R-2F-7.5 Districts. No building, structure, or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(1)
Permitted uses. Permitted uses shall be as provided in Attachment 5, Table of Use Regulations.
C.
R-MF Districts. No building, structure, or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
D.
Permitted accessory uses for residential districts. Uses or structures customarily incidental to any permitted principal use are permitted, provided that such accessory use shall not include any activity commonly conducted for gain, except as hereinafter excepted, or any private way or walk giving access to such activity. Permitted accessory uses are provided in Attachment 5, Table of Use Regulations. The Following uses are permitted subject to the requirements below:
(1)
Home based professional office, studio or home occupation, provided that:
(a)
Such office or occupation is incidental to the residential use of the premises.
(b)
Not more than two nonresident employees, associates or assistants are employed on the premises.
(c)
The area in which such occupation is carried on does not exceed 30% of the total floor area of the residence building, or the area in which such occupation is carried on does not exceed 500 square feet in gross floor area of an accessory building; but in no event shall such occupation be carried on in both the residence building and an accessory building.
(d)
No display of goods or signs or other evidence of such occupation is evident outside the building in which it is located, except permitted signs in accordance with Chapter 185, Signs.
(e)
Parking areas and access drives should be located, designed or screened so as to minimize disturbances to adjoining properties and shall be subject to site plan review for such purposes.
(2)
Off-street parking facilities for the use of residents of the premises and their guests, in accordance with Article VII herein.
(4)
Storage of a trailer, boat, camper, motor home or similar recreational vehicle for the use of residents of the premises, provided that said recreational vehicle is stored in a fully enclosed structure or otherwise screened from adjoining property.
(5)
Swimming pools or other accessory recreational facilities for the use of the residents of the premises and their guests, provided that such pools or other facilities shall not be located in any required yard or setback area and shall be located on the same lot as the principal dwelling unit.
(6)
Garden houses, pool houses, playhouses or greenhouses, provided that such uses are incidental to the residential use of the premises and not operated for profit; provided that any such structure complies with all yard and setback requirements for buildings.
(7)
The keeping of not more than a total of five dogs and/or cats, or combination thereof, over six months of age.
(8)
The keeping of riding horses, for the use of residents and their guests, and/or farm animals and poultry, provided that:
(a)
The maximum number of poultry animals, animal type, and minimum lot size shall be controlled by Table 2 below. These numbers are cumulative, that is, if multiple animal types are on the same lot, the most restrictive numbers apply to all animals.
Table 2: Minimum Lot Size and Maximum Number of Domestic Farm Animals | |||
|---|---|---|---|
Animal | Minimum Lot Size | Number Per Acre | Maximum Number of Animals per Lot |
Goats | 2 acres or 4 acres in R-4A zoning district. | 3 adults per acre. | 6 |
Horses | 2 acres or 4 acres in the R-4A zoning district. | 1 adult per acre. | 2 |
Poultry | Minimum lot area of the underlying zoning district. | No more than 10 birds per 1/2 acre | 12 |
(b)
All animal feed is stored in rodent and bear proof containers.
(9)
Antennas and satellite dish antennas, except as excluded pursuant to the definition of "structure" in § 220-2 of this chapter, which receive and/or transmit and are less than one meter in maximum diameter in a residential district or less than two meters in maximum diameter in a nonresidential district; and in the case of transmitting antenna, that do not produce or contribute to the production of emission levels exceeding the emission standard recommended by the FCC, from time to time, based on the maximum equipment output. Such accessory uses shall be subject to the locational siting requirements set forth in § 220-41.1C of this chapter. A satellite dish antenna greater than one meter in maximum diameter in a residential district or greater than two meters in maximum diameter in a nonresidential district shall be prohibited.
(10)
An accessory building containing up to 600 square feet in total floor area may be approved after the principal building has been built or coincident with the construction of the principal building.
(13)
Solar panels.
E.
Dimensional and bulk regulations. Dimensional and bulk regulations for residential districts shall be as provided in Attachment 1, Dimensional and Bulk Regulations for Residential Districts.
§ 220-24 Schedule of regulations for nonresidential districts.
[Amended 2-23-1993 by L.L. No. 5-1993; 11-28-1995 by L.L. No. 6-1995; 2-17-1998 by L.L. No. 1-1998; 4-21-1998 by L.L. No. 3-1998; 5-19-1998 by L.L. No. 4-1998; 12-10-2007 by L.L. No. 4-2007; 6-15-2015 by L.L. No. 3-2015; 7-13-2015 by L.L. No. 7-2015; 4-28-2025 by L.L. No. 6-2025]
A.
CC-20, Campus Commercial Districts.
B.
Districts.
(1)
Purpose.
(a)
Campus Commercial Districts are established in accordance with the goals and policies of the Town Comprehensive Plan so as to provide for a limited amount of campus commercial development in areas with sufficient access to regional highways, subject to compliance with stringent site development standards appropriate for the maintenance of a predominantly residential community.
(b)
Campus commercial development is intended to encompass a specific type of development which features a building or group of buildings along with necessary parking facilities surrounded by wide areas of open space consisting of undisturbed vegetation or landscaping. The buildings and the use conducted in the buildings should be sufficiently screened from off-site views.
(2)
Uses. No building, structure, or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(a)
Permitted uses. Permitted uses shall be as provided in Attachment 5, Table of Use Regulations. The following uses are permitted subject to approval by approving authority subject to the requirements below.
[1]
All permitted uses must be conducted from fully enclosed structures, except as may be otherwise expressly provided in this chapter.
[3]
Dwelling units or units on floors above any permitted principal nonresidential use if separated by unpierced fire walls and ceilings and provided with an exterior entrance separate from the nonresidential use.
(3)
Development requirements.
(a)
Access.
[1]
Each CC-20 District lot shall have frontage on a state highway to which access and service drive connections can be constructed without creating unsafe conditions and traffic congestion. Access drive connections to local streets shall not be permitted.
[2]
The Planning Board may approve access to a CC-20 District lot via an easement at least 50 feet in width across New York City watershed property if appropriate legal right of use provisions are provided.
(b)
Development density calculation.
[1]
The lot area used in the calculation of maximum allowable floor area ratio shall be a net lot area determined as follows: The area of any wetlands and watercourses, as defined by chapter 217 of this Code, or steep slope, as defined by Chapter 187A of this Code, shall be identified and multiplied by a factor of 0.75 and the resultant number deducted from the gross total lot area to yield the net lot area.
[2]
In the calculation of maximum building coverage, maximum site coverage and maximum allowable floor area ratio of a CC-20 District lot, the Planning Board may permit the lot area of a buffer lot (net lot area in the calculation of maximum allowable floor area) to be included if all of the following criteria are met:
[a]
The buffer lot is held in the same ownership as the CC-20 District lot and is included as part of a comprehensive site plan.
[b]
The buffer lot has no principal use.
[c]
Restrictions satisfactory to the Planning Board, acting on advice of the Planning Board Attorney, are placed on the buffer lot so as to prevent any construction from taking place on the lot, subdivision of the lot, use of the land area in the determination of any other development density calculation and transfer of ownership to a party different from the owner of the CC-20 lot.
[d]
A conservation easement is placed on the buffer lot so as to provide for the restrictions identified in Subsection A(3)(c)[1] in perpetuity.
(c)
Perimeter buffer.
[1]
In order to establish a permanent buffer area between campus commercial and residential uses, no site improvement on a CC-20 District lot shall be located closer than 200 feet to a residence district boundary line. A perimeter buffer area, 200 feet in width, shall be established along all lot lines of a CC-20 District lot, within the CC-20 District lot, where said lines abut land in a residence district. Where a buffer lot is included as part of a comprehensive site plan as provided in Subsection A(3)(b)[2], the Planning Board may permit the minimum site improvement setback and minimum yard requirements to be measured from the outside property lines of the buffer lot, provided that no construction may take place on said lot.
[2]
The required perimeter buffer area shall be maintained in its natural state with no construction, grade alteration or clearing permitted except as may be approved by the Planning Board for the purpose of facilitating access to the site, drainage improvements required by the Town and landscaping.
[3]
The Planning Board, as part of the site plan review, may require the establishment and maintenance of buffer landscaping at any location on a CC-20 District lot or buffer lot. Such landscaping shall be of a size, type and spacing determined adequate by the Planning Board to screen and buffer buildings, parking areas and other structures and activities on said lot from neighboring properties and public rights-of-way and to otherwise establish a landscaped setting for development consistent with the purpose of the CC-20 District.
[4]
The Planning Board may permit gatehouses, not more than 15 feet in height nor more than 250 square feet in gross floor area, to be located not less than 100 feet from a street line.
(d)
Height.
[1]
Notwithstanding the provisions of § 220-24E hereof, the maximum permitted height of any principal building in the CC- 20 Zoning District which complies with the standards set forth in Subsection A(3)(d), shall be 60 feet.
[2]
To qualify for the building height allowance set forth in Subsection A(3)(d) hereof, the Planning Board must determine that in comparison to potential impacts of a reasonable alternative development under the otherwise applicable limitations and considering information concerning grading plans, limits of disturbance, building elevations showing floor and roof elevations, impacts to streams, wetlands, and wetlands controlled areas, impacts to steep slopes, hilltops, and ridgelines, off-site visibility, impacts of outdoor lighting, road access, alignments and profiles, drainage and runoff calculations and impacts upon vegetation and wildlife, the use of this provision will:
[3]
To qualify for the building height limitation set forth in Subsection B(4)(a) hereof, a principal building must:
[a]
Be on a site with at least twice the minimum required lot area.
[b]
Contain at least 90% of the total parking requirement within said principal building and said parking shall be below the highest finished grade immediately adjacent to the building.
[c]
Not be constructed to an elevation in excess of 370 of the United States Geological Survey Datum at the highest point of the roof.
(e)
Site coverage. The maximum site coverage shall be 12% of the lot area.
(5)
Permitted accessory uses are provided in Attachment 5, Table of Use Regulations. The following uses are permitted subject to the requirements below:
(a)
Storage and maintenance of motor vehicles and similar equipment incidental to the permitted principal use within fully enclosed buildings. As part of the site development plan review, the Planning Board may approve unenclosed storage locations subject to the implementation to the satisfaction of the Board of screening and protection measures.
(b)
Recreational facilities for the use of employees and guests. Such facilities shall be planned as a clearly subordinate and integral part of the development of the permitted principal use.
(c)
Accessory retail use, provided that:
C.
SU (Service Utility) Districts. No building, structure, or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(1)
Permitted uses. Permitted uses shall be as provided in Attachment 5, Table of Use Regulations. The following uses are permitted subject to approval by approving authority subject to the requirements below:
(2)
(3)
Permitted accessory uses are provided in Attachment 5, Table of Use Regulations. Any accessory use determined by the Planning Board to be customarily incidental to a permitted principal use shall be permitted.
(4)
Perimeter buffer. The provisions of § 220-27B(3) (perimeter buffer in CC-20 District) shall apply to SU Districts, except that the minimum width of the perimeter buffer shall be 100 feet.
D.
RB (Retail Business) Districts.
(1)
Purpose. Retail Business (RB) Districts are established in accordance with the goal and policies of the Town Comprehensive Plan so as to establish and maintain neighborhood centers by providing areas in Lewisboro's hamlets for neighborhood business services, including retail stores, personal services, offices, restaurants and trade services as well as for small residential units.
(2)
Uses. No building, structure, or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(a)
Permitted uses. Permitted uses shall be as provided in Attachment 5, Table of Use Regulations. The following uses are permitted subject to approval by approving authority subject to the requirements below.
[1]
All permitted uses must be conducted from a fully enclosed structures, except as may be otherwise expressly provided in this chapter.
[3]
Dwelling unit or units on floors above any permitted principal nonresidential use if separated by unpierced fire walls and ceilings and provided with an exterior entrance separate from the nonresidential use.
(c)
Permitted accessory uses are as follows provided in Attachment 5, Table of Use Regulations. The following uses are permitted subject to the requirements below:
[1]
Any other accessory use determined by the Planning Board to be customarily incidental to a permitted principal use.
[2]
Outdoor storage or display of articles, materials or equipment when completely enclosed within a wall or fence of such material, construction and height so as to screen said articles, materials or equipment completely from the outside thereof. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish such purpose, shall be specified by the Planning Board as part of site development plan approval procedures as provided in Article VI. The use of trailers is not permitted.
E.
GB (General Business) Districts.
(1)
Purpose. General Business (GB) Districts are established in accordance with the goals and policies of the Town Comprehensive Plan so as to establish and maintain neighborhood centers by providing areas in Lewisboro's hamlets for non-retail commercial establishments and neighborhood business services, including retail stores, personal services, offices, restaurants and trade services as well as for small residential units.
(2)
No building, structure, or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(a)
Permitted uses. Permitted uses shall be as provided in Attachment 5, Table of Use Regulations. The following uses are permitted subject to approval by approving authority subject to the requirements below.
[1]
All permitted uses must be conducted from a fully enclosed structures, except as may be otherwise expressly provided in this chapter.
[3]
Sales and service agencies for motor vehicles, provided that any outdoor storage or display of vehicles offered or intended for sale complies with the requirements for accessory outdoor storage or display. Overnight outdoor storage of vehicles shall be limited to the number of parking spaces designated for such use on an approved site development plan. Appropriate screening or fencing may be required by the approving authority.
[4]
Storage and sale of building materials, provided that any outdoor storage or display complies with the requirements for accessory outdoor storage or display.
(c)
Permitted accessory uses are provided in Attachment 5, Table of Use Regulations
F.
Dimensional and bulk regulations. Dimensional and bulk regulations for nonresidential districts shall be as provided in Attachment 2, Dimensional and Bulk Regulations for Nonresidential Districts.
§ 220-25 Lot shape and lot area in residential districts.
[Amended 11-26-1991 by L.L. No. 1-1991; 4-28-2025 by L.L. No. 6-2025]
In order to promote regular lot configurations, to protect surrounding properties from the potential intrusive impact of principal buildings located in the interior of blocks and to implement the land use density recommendations of the Comprehensive Plan, the following special regulations are established.
A.
Lot shape. Each new lot created by subdivision shall be shown to be able to wholly contain within its boundaries a circle with a diameter equal to the required minimum lot width for the district in which it is located.
B.
If the lot depth of any new lot created by subdivision exceeds the base lot depth listed in the following table for the district in which it is located, the required minimum lot area applicable for such lot shall be increased by a factor defined as the quotient arrived at by dividing the actual lot depth by the base lot depth in feet.
District | Base Lot Depth (feet) |
|---|---|
R-4A | 700 |
R-2A | 450 |
R-1A | 300 |
R-1/2A | 225 |
R-1/4 | 150 |
R-2F-10 | 150 |
R-2F-7.5 | 125 |
§ 220-25.1 Inclusionary affirmatively furthering fair housing (AFFH) dwelling units.
[Added 12-10-2018 by L.L. No. 13-2018; amended 4-28-2025 by L.L. No. 6-2025]
A.
Required affordable AFFH dwelling units.
(1)
Within all residential developments of 10 or more dwelling units created by subdivision or site plan, no less than 10% of the total number of units must be created as affordable AFFH units. In residential developments of five to nine units, at least one affordable unit shall be created.
(2)
No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable AFFH dwelling units created under this section.
(3)
Notwithstanding the above, all such affordable AFFH dwelling units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
(4)
This section shall not apply to any development of dwelling units constructed prior to the enactment of this section, or to any development of dwelling units to be constructed which has received a negative declaration of environmental consequence prior to the enactment hereof. Previously approved middle-income dwelling units shall continue to comply with § 220-26F of this chapter.
B.
Time period of affordability and property restriction. Dwelling units designated as affordable AFFH dwelling units must remain affordable for a minimum of 50 years from the date of initial certificate of occupancy for rental properties, or of original sale for ownership units. A property containing any affordable AFFH dwelling units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to the Town Attorney, which shall ensure that the affordable AFFH dwelling unit shall remain subject to the affordable regulations for the minimum 50-year period of affordability. Among other provisions, the covenant shall require that the affordable AFFH dwelling unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the affordable AFFH dwelling prior to the issuance of a certificate of occupancy for the development.
C.
Eligibility. Such affordable AFFH dwelling units shall be available for sale, resale or continuing rental only to income-eligible families for AFFH dwelling units as defined in § 220-2 of this chapter.
D.
Unit appearance and integration.
(1)
Within one-family dwelling developments, the affordable AFFH dwelling units may be one-family dwellings or may be incorporated into one or more two- family dwellings. Each one-family affordable AFFH dwelling unit may be located on a lot meeting 75% of the minimum lot area for the one-family dwellings in the development.
(2)
Each two-family affordable AFFH dwelling and each multifamily affordable AFFH dwelling unit shall be located on a lot meeting the minimum lot area for the one-family dwellings in the development. All such affordable AFFH units shall be as indistinguishable as possible in appearance from the other one-family dwellings in a development. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the affordable AFFH dwelling units.
(3)
Within multifamily developments, affordable AFFH dwelling units shall be physically integrated into the design of the development, subject to review by the Planning Board, and shall be distributed among efficiency, one-, two-, three- and four-bedroom units in the same proportion as all other units in the development. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the affordable AFFH dwelling units.
E.
Minimum floor area.
(1)
The minimum gross floor area per affordable AFFH dwelling unit shall not be 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) |
(2)
For purposes of this section, the Planning Board may allow paved terraces or balconies to be counted toward the minimum gross floor area requirements in an amount not to exceed 1/3 of the square footage of such terraces or balconies.
F.
Occupancy standards. For the sale or rental of affordable AFFH units, the following occupancy schedule shall apply, subject to the New York State Uniform Fire Prevention and Building Code requirements:
Number of Bedrooms | Number of Persons |
|---|---|
Efficiency | Minimum: 1, Maximum: 1 |
1-bedroom | Minimum: 1, Maximum: 3 |
2-bedroom | Minimum: 2, Maximum: 5 |
3-bedroom | Minimum: 3, Maximum: 7 |
4-bedroom | Minimum: 4, Maximum: 9 |
G.
Affirmative marketing. The affordable dwelling units created under the provisions of this section shall be sold or rented, and resold and re-rented, during the required period of affordability, 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.
H.
Continued eligibility for occupancy of rental dwelling unit.
(1)
Applicants for rental units referred to in this section shall, if eligible and if selected for occupancy according to Subsection J of this § 220-25.1, sign leases for a term of not 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 no 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 to the provisions of other applicable local law. 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 said resident may complete their current lease term and shall be offered a non-restricted (AFFH) rental unit available 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 an additional one-year lease for the affordable AFFH unit they occupy, but shall not be offered a renewal of the lease beyond the expiration of said term.
(2)
Notwithstanding the foregoing, 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 to the provisions of other applicable local law.
I.
Resale requirements.
(1)
In the case of owner-occupied affordable AFFH dwelling 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 chapter, or the sum of:
(a)
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 Urban 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 a) the month that was two months earlier than the date on which the seller acquired the unit; and b) 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 Town will designate a substitute index; and
(b)
The cost of 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 15-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.
(2)
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.
J.
Administration. The administration of the compliance and eligibility related to the rental, sales, marketing and monitoring of such AFFH dwelling units shall be performed by the County of Westchester, or an organization or agency designated by the county.
K.
Facilitation and review process.
(1)
Pre-application meeting. The applicant for a development of affordable AFFH units shall be entitled to at least one pre-application meeting at which up to two representatives will be in attendance from each municipal agency, board, commission and staff expected to play a role in the approval and review of the development application review process. The purpose of the pre-application meeting will be to expedite the development application review process through:
(a)
The early identification of issues, concerns, code compliance and coordination matters that may arise during the review and approval process.
(b)
The establishment of a review process outline, proposed meeting schedule and conceptual timeline which shall not be binding on the applicant or any municipal agency, board, commission or staff thereof, but is intended to be utilized as a guide for the undertaking of the approval process.
(2)
Meeting schedule and timeline. Municipal departments, agencies, authorities, boards, commissions, councils, committees and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the pre-application meeting during the review and approval process, subject to the cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including affordable AFFH 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 preapplication meetings.
(3)
Calendar/agenda priority. Municipal departments, agencies, authorities, boards, commissions, councils, or committees with review or approval authority over applications for developments including affordable AFFH units shall give priority, to the extent reasonably practicable, to such applications by placing applications for developments including affordable AFFH 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 subject to the New York State Open Meetings Law requirements.
L.
Incentives for creation of additional fair and affordable housing.
(1)
Density. The Planning Board may authorize an increase in permitted density by not more than 50% if the applicant constructs at least 1/3 of the additional density units as affordable affirmatively furthering fair housing (AFFH) units, as defined in this chapter. The Planning Board shall base its determination of the appropriate number of additional density units upon consideration of the location and environmental suitability of the specific site and the proposed development design to accommodate such an increased density.
(2)
Parking. In a development containing affordable affirmatively furthering fair housing (AFFH) units, shared parking may be permitted in order to reduce infrastructure costs. In such cases, the parking requirements of the zoning district in which the development is proposed may be accomplished by providing the total number of required parking spaces throughout the development, rather than for each unit individually.
§ 220-26 Multifamily Dwellings in the R-MF, CC-20, SU, RB, and GB Zoning Districts.
[Amended 5-19-1989; 9-19-2006 by L.L. No. 1-2006; 4-25-2011 by L.L. No. 3-2011; 6-2-2014 by L.L. No. 1-2014; 7-13-2015 by L.L. No. 7-2015; 8-13-2018 by L.L. No. 8-2018; 2-25-2019 by L.L. No. 2-2019; 4-28-2025 by L.L. No. 6-2025]
Multifamily dwellings, as defined per § 220-2 of this chapter, shall be subject to site plan approval in accordance with Article VI of this chapter. Multifamily dwellings are subject to the following requirements:
A.
Minimum site area. The lot upon which multifamily dwellings are to be constructed shall have a gross lot area of not less than 15 acres, except when located within the CC-20, SU, RB or GB zoning districts, in which case the minimum gross lot area shall be two acres. When the lot in question is located within and served by a public water and sewer district of the Town of Lewisboro, the minimum gross lot area shall be 15,000 square feet, regardless of the underlying zone.
B.
Development density.
(1)
The average gross density shall not exceed four density units per acre of net lot area. The area of any wetlands, water bodies, watercourses or steep slopes, as defined by chapter 187A and 217 of this Code, shall first be identified and multiplied by a factor of 0.75. The resulting number shall then be deducted from the gross total lot area to yield the net total lot area to be used in calculating the maximum allowable development density.
(2)
The Planning Board may authorize an increase in permitted density by not more than 50% if the applicant constructs at least 1/3 of the additional density units as affordable affirmatively furthering fair housing (AFFH) units, as defined in this chapter. The Planning Board shall base its determination of the appropriate number of additional density units upon consideration of the location and environmental suitability of the specific site and the proposed development design to accommodate such an increased density.
(4)
The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site development plans.
(5)
The site plan for multifamily dwellings proposed to be constructed on property immediately adjacent to land located in a single-family residence district shall incorporate a density transition area. For purposes of this subsection, the "density transition area" is defined as land in an R-MF district, or a district in which multifamily dwellings are a permitted use, located within a prescribed distance of the boundary line between the R-MF district or other district in which multifamily dwellings are a permitted use, and a single-family residence district not located along a street right-of-way. The distance shall be equal to the minimum lot width applicable in the adjacent single-family residence district. Within such an area, the average gross development density shall not exceed one density unit per acre of land area. The Planning Board may modify this requirement if existing features or land use reduce the need or substitute for the density transition area.
C.
Water and sewage facilities.
(1)
Where connections to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water or fire district or other agency having jurisdiction.
(2)
Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Westchester County Department of Health and the New York State Department of Environmental Conservation.
(3)
Where future service by off-site water and/or sewerage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed.
(4)
The applicant shall adequately provide the site water and sewer services and information on the proposed water and sewer services must be submitted at the time an application for site plan approval is made. The applicant shall provide such additional information as the Planning Board determines is necessary.
D.
Open space and recreation area. With the exception of lots located within the Senior Housing Floating Zone, CC-20, SU, RB or GB zoning districts, at least 30% of the gross lot area shall be preserved as permanent open space, free of buildings and parking areas, and shall be landscaped or left in its natural state in accordance with plans approved by the Planning Board.
(1)
Character. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, drainage, location, topography and extent of improvements suitable, in the opinion of the Planning Board. The Planning Board may approve uses for the open space, which shall be clearly indicated and delineated on the approved plan. Permitted uses for open space areas include, as deemed appropriate by the Planning Board:
(a)
Passive recreational uses for public or private use, such as wooded areas, bridle paths and hiking trails;
(b)
Undisturbed conservation areas such as open woodland, wetlands, slopes or escarpments;
(c)
Preservation of cultural features, such as historic places and buildings, archaeological sites, parks and such open spaces which will assure that each of the above cultural aspects are adequately protected in the public interest;
(d)
Water supply, sewage disposal systems and stormwater detention areas designed and landscaped as part of the approved plan; or
(e)
Rights-of-way, easements for drainage, access, sewer or water lines or other public purposes.
(2)
Preservation. Permanent preservation of such areas shall be legally assured, to the satisfaction of the Planning Board and the Town Attorney, by the filing of appropriate covenants, deed restrictions, easements or other agreements or the creation of a park district. Except for developments comprised solely of rental units and except where all or parts of such open space areas are deeded to and accepted by the Town of Lewisboro or may be owned by a homeowners' association (HOA); accepted for dedication to town, county, or state governments; transferred to a nonprofit organization acceptable to the Planning Board; or held in such other form of ownership as the Planning Board finds appropriate to properly manage the open space land and to protect identified sensitive resources, or a property owners' association, membership in which shall be mandatory for all owners in the development, shall be incorporated, which association shall be responsible for maintenance, liability insurance and local taxes. Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance, and to acquire liens, where necessary, against property owners for unpaid charges or assessments. In the event that the property owners' association fails to perform the necessary maintenance operations, the Town of Lewisboro shall be authorized to enter on such premises for the purpose of performing such operations and to assess the cost of so doing equally among all affected property owners.
(3)
Recreation. Except as provided below and regardless of the underlying zoning district, the project site shall be improved with common recreational facilities, such as swimming pools; tennis, basketball, volleyball and shuffleboard courts; playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit. The minimum size of the recreation area shall total not less than 300 square feet per density unit. Where the Planning Board determines that a suitable recreation area of adequate size cannot be properly located on the project site, or is otherwise not practical, the Board may require as a condition of approval of any site development plan, a payment to the Town of a sum which shall constitute a trust fund to be used by the Town exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Such sum shall be determined in accordance with a fee schedule established by resolution of the Town Board, and which shall be filed in the Office of the Town Clerk. No part of the required open space shall be utilized to satisfy the recreation or fee requirements specified in the Town Code.
E.
Required parking.
(1)
Parking spaces shall be provided in number and design according to the provisions of Article VII of this chapter.
(2)
The Planning Board may require, if deemed appropriate, the provision of a suitable screened parking area solely for the storage of boats, motor homes and similar recreational vehicles belonging to inhabitants of the development.
F.
Middle-income dwelling units. This section refers to units previously approved under this program.
(1)
Distribution. Such units shall be available for sale, resale or continuing rental only to middle-income families, as defined in § 220-2 of this chapter. Such units shall be physically integrated into the design of the development in a manner satisfactory to the Planning Board and shall be distributed among efficiency, one-, two-, three- or four-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Planning Board as being better related to the housing needs, current or projected, of the Town of Lewisboro.
(2)
Minimum floor area.
(a)
The minimum gross floor area per dwelling unit shall not be less than the following:
Dwelling Unit | Minimum Gross Floor Area (square feet) |
|---|---|
Efficiency | 450 |
1-bedroom | 700 |
2-bedroom | 900 |
3-bedroom | 1,100, including at least 1 1/2 baths |
4-bedroom | 1,300, including at least 1 1/2 baths |
(b)
For purposes of this section, the Planning Board may allow paved terraces or balconies to 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.
(3)
Occupancy standards. In renting or selling, the following priority schedule shall apply to middle-income dwelling units.
Number of Bedrooms | Number of Persons | |
|---|---|---|
Minimum | Maximum | |
Efficiency | 1 | 1 |
1 | 1* | 2 |
2 | 2 | 4 |
3 | 3 | 6 |
4 | 5 | 8 |
* | NOTE: Only if efficiency is not available. Tenants should be transferred to efficiency when one becomes available, and the lease should so provide |
(4)
Maximum rent and sales price. The maximum monthly rent for a middle-income dwelling unit shall not exceed 1.75%, excluding utilities (gas, oil, electricity, water and sewage), and the maximum gross sales price for a middle-income dwelling unit shall not exceed two times the maximum aggregate family income for a middle-income family, as defined in § 220-2 of this chapter, for the maximum size of family eligible for such unit as set forth in Subsection F(3) above, except for the efficiency unit where the maximum family size is one.
(5)
Continued eligibility.
(a)
Applicants for middle-income rental units referred to in this section shall, if eligible and if selected for occupancy by the owner or manager of the development, sign leases for a term of no more than two years.
(b)
As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered a two-year renewal of the lease. If a resident's annual gross income should subsequently exceed by more than 20% the maximum then allowable, as defined in § 220-2 of this chapter, said resident may complete his current lease term and shall be offered a non-middle-income rental unit available 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 an additional one-year lease for the middle-income dwelling unit occupied, but shall not be offered a renewal of the lease beyond the expiration of said term.
(c)
Resale; title restrictions.
[1]
In the case of owner-occupied middle-income dwelling 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 accordance with Subsection F(4) of this section, or the sum of the following, whichever is greater:
[2]
The form of the deed for the transfer of any such units is subject to the review of the Housing Committee prior to such transfer, to ensure that the appropriate restriction is included in the deed.
(d)
Each year, the renters and owners of the middle-income dwelling units must complete and submit to the Building Department within 10 days of receipt or by the deadline set forth in the survey, whichever is later, a completed survey as provided by the Housing Committee. Failure to submit the completed survey shall be a violation of this chapter.
(e)
No person or entity shall own more than one middle-income dwelling unit at one time. In order for a purchaser to be eligible to purchase a middle-income dwelling unit, such purchaser must not own any middle-income dwelling units at the time an application is submitted to the Town of Lewisboro for the purchase of a middle-income dwelling unit. This provision is not intended to restrict the initial developer of such units from owning more than one unit, or such successor to the initial developer as long as such successor obtains its interest in the units for the purposes of marketing and selling all of said units acquired from the initial developer.
(6)
Administration.
(a)
The Town Board shall establish a Town Housing Agency, which shall be responsible for the administration of the middle-income housing requirements of this section as well as for the promulgation of such rules and regulations as may be necessary to implement such requirements. Until the establishment of such an agency, the Housing Committee appointed by the Town Board shall be considered empowered to exercise all the functions of such agency.
(b)
At the time of the issuance of a certificate of occupancy, the Building Inspector shall send a copy of such certificate to the Town Housing Agency, which shall then inform the applicant of the maximum rental or sales charge which may be established for the middle-income dwelling units in such development and the maximum annual gross family income for eligibility for occupancy of said units.
(c)
The Town Housing Committee shall certify as eligible all applicants for rental or sales of middle-income dwelling units and shall annually reexamine or cause to be reexamined each rental family's income.
(d)
On or before March 30 of each year thereafter, the Town Housing Agency shall notify the owner or manager of each multifamily development containing middle-income units as to the rent, sales and income eligibility requirements for such units based upon figures derived from the preceding calendar year.
(e)
The owner or manager of such multifamily development shall certify to the Town Housing Agency on or before May 31 of each year that the current rental or sales prices of all middle-income dwelling units comply with the terms of this chapter.
(7)
Tax assessment. The limited rental income and/or sales value of middle-income units shall be taken into consideration by the Town Assessor in determining the full value basis for assessments on such units.
G.
Antenna system. A central television antenna system shall be provided for each group of attached dwelling units.
H.
Subleasing. Middle-income dwelling units may be occupied only by the owner(s), the owner's immediate family and occasional houseguests, except by express permission of the Housing Agency. Any unit not owner-occupied may be rented only if approved by the Housing Agency to applicants who qualify according to Subsection F(5), (6) and (7).
I.
Creation of condominium lots.
(1)
Where the Planning Board has approved a site development plan for the development, construction and use of multifamily dwellings in the R-MF Multifamily Residence District, the Planning Board may, contemporaneously with approving such site development plan, or within one year thereafter, so long as such site development plan remains in full force and effect, approve the subdivision (or, if such approved site development plan consists of two or more existing lots, the resubdivision) of the entire property constituting such approved site development plan (the "condominium property") in order to facilitate the formation of two or more residential condominiums formed pursuant to § 339 et seq. of the New York Real Property Law, each of which may contain a portion of the total number of dwelling units approved in such site development plan. Such subdivision (a "condominium subdivision") may, subject to making the findings and imposing the conditions provided in this Subsection I, be approved by the Planning Board without regard to 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 chapter or in Chapter 195, Subdivision of Land. Nothing herein shall be construed to relax any site development plan requirements or standards provided in this § 220-26, it being the purpose of this subsection to permit subdivision of a condominium property once site development plan approval has been obtained.
(2)
Before creating a condominium subdivision, the Planning Board shall make a determination that the creation of such subdivision will facilitate the financing, the phasing, or the sale of condominium units within such condominium, and such subdivision shall be granted solely for such purposes. The Planning Board shall make a further determination that the site development plan approval includes a construction sequencing plan that sets forth the sequence in which infrastructure improvements and mitigation associated with the site development plan (including, without limitation, utilities, stormwater management control facilities, wetland and wetland buffer mitigation, and tree removal mitigation) will be installed and a schedule for the construction and completion of middle-income units, if any, in relation to the construction and completion of market-rate units.
(3)
The procedure for review and approval of the condominium subdivision plat shall be in accordance with the subdivision plat review procedure provided in Chapter 195. The approved site development plan shall be deemed the "construction plans" (as that term is defined in Chapter 195) for purposes of such review and shall be deemed to satisfy any standards or requirements applicable to construction plans in Chapter 195.
(4)
The Planning Board shall require, as a condition of endorsement by the Planning Board Chair of any condominium subdivision plat, that the owner of the condominium property acknowledge, and that the plat include, a note to the effect that such subdivision is created, and such plat filed, solely for the purpose of facilitating the purposes set forth in the foregoing Subsection I(2), and that no lot shown thereon may be built upon or developed other than in accordance with the underlying approved site development plan (or any extension, modification, amendment, reapproval or regrant thereof), the full title, date, last revision date, and filing date of which shall be endorsed on such subdivision plat. The conditions of approval of the underlying site development plan, whether set forth in the approving resolution or on the final site development plan, or both, shall be deemed incorporated in any condominium subdivision approval granted under this subsection, but, except as otherwise expressly required under this subsection, to the maximum extent feasible, no additional conditions that are inconsistent or conflict with the conditions of the site development plan approval may be imposed on such subdivision by the Planning Board, it being the intent of this subsection that all conditions related to the development be identified during the site development plan review process and be included by the Planning Board in the site development plan approval.
(5)
A lot shown on a condominium subdivision plat is not, merely by virtue of having been created pursuant to this § 220-26I, precluded from being further subdivided or developed in a manner inconsistent with the underlying approved site development plan (or any extension, modification, amendment, reapproval or regrant thereof) if the development of such lot, standing alone, conforms to all applicable use and dimensional limitations in the R-MF Multifamily Residence District.
(6)
Before a condominium subdivision plat pursuant to this § 220-26I may be filed, the owner shall submit for review, and upon approval thereof record, such easements, covenants, and restrictions as the Planning Board shall find necessary or appropriate for the continued operation of the entire condominium property as an integrated site, notwithstanding that any individual condominium lot may, in the future, be conveyed separately from any other condominium lot.
§ 220-27 Senior Housing Floating Zone.
[Amended 10-24-1989; 4-28-2025 by L.L. No. 6-2025]
A.
Authorization and purpose. The Town Board hereby finds it to be in the best interest of the Town of Lewisboro to provide for additional housing options for seniors and encourage this development through flexibility of design in such a manner as to preserve the natural sensitive resources and scenic qualities within the Town while still providing housing opportunities for seniors. Senior housing dwellings shall comply with applicable New York and federal law, as the same may be amended, so that it may qualify as housing for persons 55 years of age and older, as currently provided in 42 U.S.C. § 3607(b)(2)(C).
(1)
In the interest of maintaining this balance, the Town Board may entertain the creation of a Senior Housing Floating zone through legislative amendment of the Town's Zoning Map. All Zoning Districts are eligible hosts for this floating zone. The Town Board, as a legislative body, shall take the preservation and use of environmental resources, as well as any other factors it deems pertinent, into consideration in determining whether to entertain a petition for the creation of said floating zone.
(2)
The Senior Housing Floating zone shall provide housing that complies with applicable New York state and federal law, as the same may be amended to qualify as housing for persons 55 years of age and older, as currently provided in 42 U.S.C. § 3607(b)(2)(C). In no event shall any person under the age of 21 permanently occupy a unit within the Senior Housing Floating Zone as a primary occupant. However, such age restrictions shall not apply to any caretaker/administrator's unit. A deed restriction that enforces the foregoing requirement shall be provided in a form acceptable to the Town Attorney and shall be included in every deed conveying title to each unit in a Senior Housing Floating dwelling.
(3)
Amendment of the Zoning Map to create a Senior Housing Floating Zone shall follow the same procedure contained in Article X of this chapter.
(4)
Subsequent to amendment of the Zoning Map, Senior Housing is permitted through the issuance of a special use permit and site plan approval by the Planning Board under § 220-32 and Article VI of this chapter respectively and Architecture and Community Appearance Review Council approval pursuant to Chapter 7 of this Code.
B.
Applicability. A Senior Housing Floating Zone shall consist of attached one-family, attached or detached two-family, or multifamily dwelling units.
C.
Development requirements.
(1)
Minimum site area. A Senior Housing Floating Zone must consist of a gross lot area of not less than 15 acres, except when located within the SU, RB or GB zoning districts, in which case the minimum gross lot area shall be two contiguous acres.
(2)
Development density.
(a)
The permitted development density is a maximum of four dwelling units per acre. The area of any wetlands, water bodies, watercourses, or steeply sloped land, as defined by chapter 217, and chapter 187A of this Code, shall first be identified and multiplied by a factor of 0.75. The resulting number shall then be deducted from the gross lot area of a Senior Housing Floating Zone to yield the net total area used in calculating the maximum allowable development density.
(b)
The Planning Board may authorize an increase in permitted density by not more than 50% if at least 1/3 of the additional density units are affordable affirmatively furthering fair housing (AFFH) units, as defined in this chapter. The Planning Board shall base its determination of the appropriate number of additional density units upon consideration of the location and environmental suitability of the specific site and the proposed development design to accommodate such an increased density.
[1]
All Senior Housing is subject to the Dimensional and Bulk Regulations of the underlying zoning district of this chapter and the following, whichever is greater:
[a]
Building length. No building shall exceed 80 feet in length.
[b]
The minimum distance between principal buildings shall be as follows:
[c]
For properties greater than five acres, no building or part thereof or any parking or loading area shall be located within 75 feet of any street line or lot line
(3)
Required parking.
(a)
Parking spaces shall be provided in number and design according to the provisions of Article VII of this chapter.
(b)
The Planning Board may require, if deemed appropriate, the provision of a suitable screened parking area solely for the storage of boats, motor homes and similar recreational vehicles belonging to inhabitants of the development.
(4)
Water and sewage facilities.
(a)
Where connection(s) to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water or fire district or other agency having jurisdiction.
(b)
Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Westchester County Department of Health and the New York State Department of Environmental Conservation.
(c)
Where future service by off-site water and/or sewerage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed.
(d)
The applicant must adequately provide the site water and sewer services and information on the proposed water and sewer services must be submitted as part of the site plan approval application.
D.
Procedure.
(1)
Sketch plan review.
(a)
Prior to submitting a petition to create a Senior Housing Floating Zone, a sketch plan shall be submitted to the Town Board, the purpose of which is to demonstrate to the Town Board whether the proposed floating zone, and associated activities, satisfies the criteria set forth in this section.
(b)
The sketch plan shall depict the proposed development and existing conditions. The sketch plan submitted need not be based upon surveyed data, but it must contain the following minimum information:
[1]
An assessment of existing conditions on the site to be developed using available mapping data and/or photographic images. This initial site assessment shall show the approximate area of the development that constitutes sensitive lands (e.g., wetlands, hydric soils, floodplains, steep slopes, etc.) and the area that might be classified as developable lands.
[2]
Information regarding all restrictions on the use of land, including easements, covenants or zoning district classification.
[3]
An estimate of the number of lots and/or units that might be accommodated within the development as well as the bulk requirements that may be applied.
[4]
A general description of the location of homes, roads, trails, conservation areas, and utilities.
[5]
Identify type of ownership (e.g., owner occupied or rental) and identify expected impacts to applicable taxing jurisdictions.
(2)
During the sketch plan review, the Town Board may evaluate the possible requirements of the development in relation to standards for street improvements, grading, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(3)
Following sketch plan review, the Town Board may determine whether it will entertain a petition for the creation of the proposed Senior Housing Floating Zone district. Nothing herein shall be construed as overriding the Town Board legislative discretion as to whether to consider a petition, except when such consideration may be required by New York State Law.
(4)
Submission of petition. If a petition is accepted, the Town Board, upon receipt of an Environmental Assessment Form, shall inform the applicant of additional studies it deems necessary to assess the sensitive resources identified on site and refer the application to the Planning Board for recommendation in accordance with Article X of this chapter.
(a)
Upon receipt of a valid and complete application including a negative declaration of environmental significance or a complete draft environmental impact statement, and Planning Board recommendation, the Town Board shall set a date for and conduct a public hearing for the purpose of considering an amendment to the Zoning Map to create the proposed Senior Housing Floating Zone District designation to the subject property.
(b)
The Town Board shall grant or deny the request for the creation of the Senior Housing Floating Zone subject to the conditions of the petition in accordance with the provisions Article X of this chapter.
(c)
The Town Board, in its discretion, may impose reasonable conditions to the proposed Senior Housing Floating Zone authorization as necessary to assure conformance of the development with the intent, objectives and requirements of these regulations.
(d)
Standard conditions regarding Senior Housing Floating Zone authorization. Unless otherwise overridden by the Town Board, the creation of a Senior Housing Floating Zone shall be conditioned upon the following:
[1]
Securing of site plan approval in accordance with Article VI of this chapter prior to issuance of a building permit.
[2]
If a valid and complete application for approval is not presented to the Planning Board within six months of the date of the Town Board's authorization of the Senior Housing Floating Zone or if no development is initiated on the site within 18 months of the date of approval of a site plan by the Planning Board, the zoning of said parcel shall revert back to the zoning of said parcel prior to its change to a Senior Housing Floating Zone. The Town Board may, upon application, extend either term for up to three six-month periods, where it finds that the development was delayed for reasonable cause.
E.
Submission requirements. In addition to the standard plat requirements for conventional subdivisions set forth in Article III of Chapter 195, the plans showing such development shall also include the heights and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and other features required by the Town Board.
(1)
Environmentally sensitive areas. The following sensitive resources shall be mapped if present:
(a)
Existing land under water including ponds; freshwater wetlands regulated by the Army Corps of Engineers or the New York State Department of Environmental Conservation (NYSDEC); streams; and that portion of any freshwater wetland and any regulated area designated by the Town of Lewisboro.
(b)
Land contained within the 100-year floodplain as designated on Federal Emergency Management Agency (FEMA) maps.
(c)
Existing steep slopes in accordance with Chapter 187A, Steep Slope Protections.
(d)
A demarcation of all habitats on the property, including known habitats containing endangered, threatened, or special concern wildlife species, protected native plants, endangered, threatened, or rare plants, or State identified significant habitats.
(e)
Forested areas including individual trees eight inches or greater in diameter at breast height. In assessing the quality of forested areas and the potential for the site to contain habitat for threatened or endangered species, the Town Board may require a survey of all trees eight inches in diameter or greater or a habitat study be performed by a qualified ecologist.
(f)
Wetlands. The Town Board may request that a wetland delineation be performed based on the presence of hydric soils or wetland vegetation on site.
(2)
In all Senior Housing Floating Zones, lots shall be arranged in a manner that protects sensitive resources and facilitates pedestrian and bicycle circulation and connectivity. Proposed building locations or areas ("building envelopes") shall be shown on the final plans.
F.
Conservation of open space. The remaining lands, preferably contiguous, in a development upon which development is not proposed shall be permanently preserved as open space. Any development permitted on land located in a development that is not protected as open space shall not compromise the sensitive resources identified on the site.
(1)
The amount of land to be set aside in perpetuity and as shall be determined on a case-by-case basis by the Planning Board. The Planning Board, as a condition of any subdivision plat or site plan approval, shall establish conditions on the ownership, use, stewardship, and maintenance of such lands to ensure the perpetual preservation of such lands for their intended purposes.
(2)
Preserved open space land shall be clearly delineated and labeled on the final subdivision plat or site plan as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of lots in the subdivision and the public to the open space land. The final subdivision plat or site plan shall clearly show that the open space land is permanently preserved for conservation purposes by a conservation easement required by this section and shall include deed recording information in the County Clerk's office for the conservation easement.
(3)
Open space land shall under all circumstances be protected by a perpetual conservation easement but may be owned in common by a homeowners' association (HOA); offered for dedication to the Town, county, or state governments; transferred to a nonprofit organization acceptable to the Planning Board; held in private ownership; or held in such other form of ownership as the Planning Board finds appropriate to properly manage the open space land and to protect identified sensitive resources.
(4)
The conservation easement shall prohibit residential, industrial, or commercial use of open space land and shall not be amendable to permit such use. At the discretion of the Planning Board, the conservation easement may permit publicly accessible, outdoor active or passive recreation on the portion of protected open space comprised of unconstrained land or may be amendable to permit such use in the future, provided that the Planning Board finds such use would be compatible with the surrounding neighborhood and that it would not impair the sensitive resources on the land. Driveways, wells, underground sewage disposal facilities, (including constructed wetlands), local utility distribution lines, stormwater management facilities and trails shall be permitted on preserved open space land subject to Planning Board approval and necessary agency permits/approvals, provided such driveways, wells, underground sewage disposal facilities, (including constructed wetlands), local utility distribution lines, stormwater management facilities and trails do not impair the sensitive resources on the land.
(5)
Preserved open space may be included as a portion of one or more large lots or may be contained in a separate open space lot. The conservation easement may allow dwellings to be constructed on portions of lots that include preserved open space land, provided that the total number of dwellings permitted by the conservation easement in the entire subdivision is consistent with applicable density limitations.
§ 220-28 (Reserved) [1]
[1]
Editor's Note: Former § 220-28, SU Service Utility District, was repealed 4-28-2025 by L.L. No. 6-2025.
§ 220-29 (Reserved) [1]
[1]
Editor's Note: Former § 220-29, RB Retail Business District, was repealed 4-28-2025 by L.L. No. 6-2025.
§ 220-30 (Reserved) [1]
[1]
Editor's Note: Former § 220-30, GB General Business District, was repealed 4-28-2025 by L.L. No. 6-2025.
§ 220-31 SC Special Character Overlay District.
[Amended 10-22-1991; 7-14-1992 by L.L. No. 8-1992; 2-23-1993 by L.L. No. 5-1993; 4-28-2025 by L.L. No. 6-2025]
A.
Purpose.
(1)
Special Character Overlay Districts are established in accordance with the goals and policies of the Town Comprehensive Plan so as to protect the significant characteristics of several specially identified sections of Lewisboro which encompass relatively large land areas that contain a substantial number of contiguous buildings and common landscape elements reflective of a period of Lewisboro history. Each area presents a unique setting which, for the benefit of present and future generations, can be protected while allowing for new development if detailed attention is given to the enhancement of the special characteristics.
(2)
In order to retain and enhance those properties and features which contribute to the special character of each of these districts and to assure that all new construction and alterations of existing structures are compatible with this character, design standards shall be applicable to all uses of property in an SC Overlay District. Said design standards shall be in addition to the use and dimensional requirements of the underlying primary zoning district in which such properties are located.
B.
Actions subject to review. Any of the following actions, permits or approvals may not be initiated or granted for a lot within a Special Character Overlay District until after there has been compliance with the review procedures set forth in this chapter:
(1)
Building permit for construction, reconstruction, exterior alteration or demolition of structures.
(2)
Site development plan.
(3)
Preliminary and final subdivision.
(4)
Special use permit.
(6)
Grade alteration exceeding 2,500 square feet.
(7)
Removal of more than four linear feet of stone walls.
(8)
Erection of a fence or wall or combination fence and wall over four feet in height.
(9)
Removal or clearing of any live tree with a trunk diameter of 10 inches or more at a height of four feet.
C.
Approving agency. Prior to the initiation of any action or the granting of any approval identified in Subsection B as subject to review under this section, a determination must be made by the Architecture and Community Appearance Review Council (ACARC) that the action or approval, with or without specified modifications or conditions, would be consistent with the purposes of the Special Character Overlay District.
(1)
For actions otherwise subject to Planning Board review and action, the requirements of this district shall be coordinated with established Planning Board procedures (i.e., site development plan, subdivision). The Planning Board shall refer applications for all such actions to the ACARC in accordance with local law prior to final action by the Planning Board on the primary application.
(2)
For actions otherwise subject to review and action by other Town officials, the requirements of this district shall be coordinated with established procedures for the primary application. The authorized Town official shall refer applications for all such actions to the ACARC in accordance with local law prior to final action by the Town official on the primary application.
(3)
For actions not otherwise subject to Town of Lewisboro approval, the property owner shall apply to the ACARC for approval of the regulated activity in accordance with local law.
D.
Application procedure and review criteria.
(1)
In accordance with local law, the ACARC shall define an appropriate format to ensure the uniformity of all submissions, which may include requirements for architectural plans and elevations and any other information deemed necessary in the opinion of said Council to enable it to render its decision.
(2)
In reviewing an application within a Special Character Overlay District, the ACARC shall take into consideration the special characteristics of each district (Old Goldens Bridge, Cross River, Mead Street, South Salem and West Lane/Elmwood Road) as defined in the Special Character Overlay District Analysis and Guidelines as adopted by ACARC and approved by the Town Board.
(3)
The ACARC shall act to approve, disapprove or approve subject to conditions each application for a regulated activity defined in Subsection B in accordance with the procedures and guidelines set forth in ACARC guidelines and ACARC procedures adopted by the ACARC and approved by the Town Board.
(4)
Appeals from decisions of the ACARC shall be to the Zoning Board of Appeals.
E.
Routine maintenance. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature and its related landscaping.