Lewisboro City Zoning Code
ARTICLE V
Supplemental Regulations
§ 220-32 Special permit uses.
[Amended 11-27-1990; 11-26-1991 by L.L. No. 1-1991; 11-28-1995 by L.L. No. 6-1995; 2-17-1998 by L.L. No. 1-1998; 2-22-2016 by L.L. No. 2-2016; 2-25-2019 by L.L. No. 1-2019; 11-23-2020 by L.L. No. 10-2020; 4-28-2025 by L.L. No. 6-2025]
A.
Conformance to standards required. All special uses to which conformance to additional standards is required are considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this section and §§ 220-33 through 220-43.8 and as may be specified by the approving agency according to the provisions of Subsections D and E herein, in addition to all other requirements of this chapter. All such uses are declared to possess such unique, special and individual characteristics that each specific use shall be considered as an individual case.
B.
Approving agency. Applications for special permit uses shall be reviewed and acted upon as follows:
(1)
The Town Board is hereby designated and authorized to review and take action on applications for the following special uses:
(a)
Tier 3 solar energy systems.
(3)
The Zoning Board of Appeals is hereby designated and authorized to review and take action on applications for the following special uses:
(a)
Temporary storage of contractor's equipment.
(b)
Private kennels.
(c)
Ranching and the raising of field and garden crops.
(d)
Temporary stands for the sale and display of field and garden crops grown on the premises.
(e)
Any use that was established legally as a special permit use and for which a special permit was issued, but for which provisions have since been deleted by amendment from the schedule of permitted principal and accessory uses. If such previously issued permit was in effect at the time of deletion by amendment, it may be continued or renewed upon review in accordance with special permit procedures.
(f)
Construction or placement of an accessory building on a lot located proximate to or across the street from a principal building.
(g)
Agency-operated boarding homes or group homes.
C.
Special permit applications subject to approval by the Town Board, Planning Board or Zoning Board of Appeals shall be reviewed and acted upon as follows:
(1)
Application for issuance of a special permit shall be submitted as required by the Town. It shall include:
(a)
The name and address of the applicant, property owner(s) if other than the applicant and of the professionals engaged to work on the project. Where the applicant or owner is a corporation, the application shall include the names and addresses of all officers, directors and principal stockholders of said corporation. Written authorization from the owner(s) to submit the application shall be required where the applicant is not the owner of the affected property.
(b)
A written statement describing the nature of the proposed special use and how it will serve to implement the intent and purposes of this chapter.
(d)
An application fee in an amount set forth in a fee schedule established by resolution of the Town Board and, as deemed necessary by the approving agency, an escrow account deposit required in accordance with § 220-77C herein to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 220-77B.
(2)
Review by other agencies. Upon receipt of a completed application for a special permit, the approving board, where determined appropriate or where required by other law or regulation, shall forward for review and report copies of such application to the Planning Board and, where determined appropriate, one copy each to the Conservation Advisory Council, the Town Engineer, the Superintendent of Highways, the local fire department or district, the Westchester County Soil and Water Conservation District Board and the Westchester County Department of Health; in addition, copies shall be forwarded to the Westchester County Planning Board when such proposed development abuts a state or county highway, park, drainage channel or building site and to the Clerk of any abutting municipality where the property proposed for such development is located within 500 feet of such municipality in accordance with Sections 277.61 and 277.71 of the Westchester County Administrative Code.
(3)
Public hearing. A public hearing on an application for a special permit shall be scheduled and conducted by the approving board within 62 days of the date a complete application is received, as determined by the appropriate Town personnel, unless this time limit is waived by the applicant. Public notice shall be the same as that required in § 220-74C herein.
(4)
Action. Within 62 days of the closure of the public hearing, the board with approval authority shall act by resolution to approve, disapprove or approve with modifications the special permit application. Such board with approval authority shall set forth in detail any conditions or modifications to the approval is subject to or the reasons for denial. The applicant may grant extensions of either of the above-stipulated review periods; provided, however, that any extension of time granted to the Planning Board shall equally extend the time to act for the Zoning Board of Appeals if the Zoning Board of Appeals is the approval authority.
D.
Findings by approving agency. The approving agency shall review, consider and make reference to all previous records that may exist on the proposed special use prior to taking any action. The approving agency shall authorize the issuance of a permit, provided that it finds that all of the following conditions and standards have been met:
(1)
The location and size of the use, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located and that it complies with all special requirements for such use established in this chapter.
(2)
The location, nature and height of buildings, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(3)
Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, lighting, traffic, or other characteristics than would be the operations of any permitted use not requiring a special permit.
(4)
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum and adequate safety.
E.
Conditions and safeguards. The approving agency shall attach such conditions, including renewal conditions, and safeguards to any approved use and development plan as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements.
F.
Action by Building Inspector. Upon receipt by the Building Inspector of such report of the approving agency showing that conditions required by Subsections D and E prevail, and upon compliance by the applicant with all applicable standards, requirements, conditions, safeguards and ordinances, the applicant shall, upon payment of any fees prescribed therefore, be entitled to a building permit or certificate of occupancy, as the case may be, from the Building Inspector. The Building Inspector shall not issue a building permit or certificate of occupancy in the event that the approving agency shall not make a finding that all of the enumerated conditions prevail.
G.
Expiration of special permit. A special permit shall be deemed to authorize only the particular use or uses specified in the permit and, unless other provisions are set forth by the approving agency in connection with the issuance of that permit, shall expire if work is not initiated pursuant thereto within one year, or if said use or uses shall cease for more than one year for any reason or if all required improvements are not completed with two years from the date of issue or if all such required improvements are not maintained and all conditions and standards complied with throughout the duration of the use, except that the approving agency may, upon request, extend the above time periods as determined appropriate by said agency. Notwithstanding the above, the approving agency may provide that its approval of a special permit shall expire on a different time period than set forth in this subsection.
§ 220-33 Conformance to standards required.
[Amended 4-28-2025 by L.L. No. 6-2025]
A special permit use shall conform to the following individual standards and regulations, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located. In all cases, whichever regulations are more restrictive shall apply.
§ 220-34 (Reserved) [1]
[1]
Editor's Note: Former § 220-34, Landfilling, regrading and removal of earth material, as amended 12-18-2007 by L.L. No. 6-2007, was repealed 4-28-2025 by L.L. No. 6-2025.
§ 220-35 Places of worship including parish houses; museums and art galleries.
[Amended 11-26-1991 by L.L. No. 1-1991; 2-11-1992 by L.L. No. 1-1992; 11-28-1995 by L.L. No. 6-1995; 7-29-2013 by L.L. No. 7-2013; 4-28-2025 by L.L. No. 6-2025]
Places of worship, including parish houses, museums and art galleries, shall be special uses as follows:
A.
Location. The special uses listed in this section may be permitted in a residence district only in locations fronting on or having direct access to major or collector roads as determined by the Planning Board and shown on the Town Development Plan Map.
B.
Coverage. Building coverage, including accessory buildings, shall not exceed 20% of the lot area, nor shall the sum total of the land covered with buildings and parking, including driveways, exceed 50% of the lot area, within any residence district.
C.
Setbacks. All new buildings shall be set back from adjoining properties in residence districts and street lines directly opposite properties in residence districts a distance equal to at least twice the normally applicable front yard setback requirement for detached one-family dwellings in the zoning district in which they are located, but in no case less than 50 feet. Off-street parking areas shall not be permitted in any required front yard, nor in any required side or rear yard within 20 feet of any adjoining property in a residence district. Setback requirements may be modified by the approving board in case of conversions of existing buildings.
D.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts, except where determined by the approving agency that a lesser width or no buffer will meet the purpose of this requirement.
E.
Other requirements. In addition to the special standards described above, places of worship, including parish houses, museums and art galleries, shall comply with any other requirements of this chapter and any special requirements deemed appropriate by the approving agency in accordance with the requirements of § 220-32 herein.
§ 220-36 Recreation and fitness, outdoor facilities.
[Amended 4-28-2025 by L.L. No. 6-2025]
A.
Location and use. Where facilities do not front on or have direct access to a major or collector road as determined by the Planning Board and shown on the Town Development Plan Map, the intensity of use shall be limited by the approving board to the extent necessary to assure that the expected average traffic generation of such use will not exceed that which would be expected if the premises were developed for permitted residential purposes.
B.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts.
C.
Special setback requirements. All active recreational facilities, such as tennis courts and swimming pools, shall be located out-of-doors, except where the scale of buildings and setbacks are such that they will relate harmoniously to the existing residential character of the district in which they are located, and shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district, except that the Planning Board may permit a reduction of this additional setback requirement where, because of topography or the installation of additional buffer landscaping and/or fencing, the Planning Board determines that any potential adverse external effect of such use can be effectively reduced.
§ 220-37 Hospitals and senior care facilities.
[Amended 4-28-2025 by L.L. No. 6-2025]
A.
Location. Hospitals and senior care facilities shall be permitted in residence districts only in locations fronting on or having direct access to a state or county road.
B.
Site size. The minimum site size in a residence district shall be 10 times the normally required minimum lot size for a one-family dwelling in the district in which it is located, as specified in § 220-23, Schedule of regulations for residential districts.
C.
Density. The maximum permitted density shall not exceed one patient bed for each 9,000 square feet of lot area in a residential district. If located in a nonresidential zoning district, there shall be not more than one patient bed for each 7,000 square feet of lot area.
D.
Coverage. Building coverage, including accessory buildings, shall not exceed 10% of the lot area, nor shall the sum total of land covered with buildings and parking, including driveways, exceed 30% of the lot area within any residence district.
E.
Setbacks. All buildings shall be set back from adjoining properties in residence districts and from street lines directly opposite properties in residence districts, a distance equal to at least twice the height of such building, but in no case less than 50 feet. Off-street parking areas shall not be permitted in any required front yard, nor in any required side or rear yard within 20 feet of any adjoining property in a residence district.
§ 220-38 Temporary storage of contractors' equipment.
[Amended 3-27-1990; 4-28-2025 by L.L. No. 6-2025]
The purpose of this section is to permit and regulate the temporary storage of contractors' equipment on property owned by the owner or lessee of the equipment which is intended for off-premises use. No permit shall be granted and it shall be a violation of this chapter to allow the sale, rental, lease or repair of construction equipment on the subject parcel. The Zoning Board of Appeals may issue, modify and renew for a period not exceeding two years conditional permits for the temporary parking and/or storage of equipment or machinery commonly referred to as "contractor's equipment" on lots of not less than two acres, in accordance with the following conditions and limitations.
A.
No more than four pieces of contractor's equipment may be permitted to be stored on any one property of two acres or more. Trailers used for transporting contractor's equipment are not counted separately from the equipment stored or transported on them. One-half- and three-fourths-ton pickup trucks are not considered contractor's equipment.
C.
There shall be no refueling of contractor's equipment on the property.
D.
No permit shall be granted unless the Board finds that the equipment can be stored on the premises without detriment or injury to the neighborhood; that access to the property is safe for the types of vehicles proposed to be stored; and that the owner has the proper facilities for the disposal of waste fuel, lubricating oil and hydraulic oil.
E.
When the subject parcel is in or adjacent to a residential district, no permit shall be granted unless the Board finds that the use will be consistent with the residential quality of the neighborhood.
F.
The permit shall specify:
(1)
That no such equipment shall be kept within 50 feet of any residential property line.
(2)
That the storage or parking area shall be screened in a manner required by the Board, as shown on a site plan, to protect the surrounding property from deleterious effects of the proposed use. The screening shall be shown on a site plan approved by the Zoning Board of Appeals.
(3)
That outdoor lighting, if allowed by the Board, shall be controlled so that it will not affect the occupants of the adjoining property.
(4)
The time of operation.
(5)
The location and size of the area to be used. If a building is proposed to be used for the special use, it must be an existing accessory building. No building permit may be issued specifically to store contractor's equipment. All subordinate buildings in residential areas must satisfy the definition of "building, accessory" in § 220-2.
G.
The Zoning Board of Appeals may require any other conditions and safeguards it deems necessary to ensure the protection of the surrounding property and the health, safety and general welfare of the Town and the inhabitants thereof.
H.
Upon the enactment of this revised § 220-38 of this chapter, dated March 27, 1990, a single one-year extension may be allowed to the holders of existing permits, during which renewal period the holders must take steps to conform to the new requirements.
(1)
At the expiration date of the single one-year extension, the Zoning Board of Appeals may grant a permit pursuant to § 220-38, if all requirements of that section have been met.
(2)
After expiration of the single one-year extension as provided in Subsection H(1), no construction equipment shall be stored on any property unless a permit has been obtained from the Zoning Board of Appeals. Continued storage of contractor's equipment without a permit shall subject the property owner and occupant to all existing penalties for violation of the Zoning Ordinance.
I.
In an application for a new special permit under this § 220-38 or upon an application for a renewal of an existing permit, it shall be appropriate for the Zoning Board of Appeals to consider the history of the use or uses at the property in determining whether or not a special permit shall issue. Past violation at the property shall be sufficient reason in and of itself to deny the issuance of a new special permit or to deny the renewal of an existing permit.
(1)
In case of an existing special permit under this § 220-38, upon proof of a violation at the property, the Zoning Board of Appeals is authorized to suspend the special permit for a period of time or to revoke the special permit in its entirety. Such suspension or revocation may be accomplished only after notice to the special permit holder of a hearing at which he will be entitled to present evidence.
(2)
Upon a revocation of a special permit, the Zoning Board of Appeals may refuse to hear a new application for a special permit for a period of time up to five years. The period of time during which the Zoning Board of Appeals may refuse to hear an application for a special permit will be considered the period of revocation, notwithstanding the fact that this period is beyond the term of the revoked two-year permit.
(3)
Upon proof of a violation at the property during a period of suspension or revocation, an application for a special permit at the property may, in the discretion of the Zoning Board of Appeals, be forever barred for so long as the property is in the same ownership or control.
§ 220-39 Private kennels.
[Amended 4-28-2025 by L.L. No. 6-2025]
Private kennels shall be permitted in residence districts on lots of four acres or more, provided that:
A.
Only dogs owned by the occupant are kept therein, and the total number of such dogs over six months of age shall not exceed 10.
B.
No run shall be less than 100 feet from any property line.
C.
No dogs shall be permitted in runs before 8:00 a.m. or after sunset.
D.
No dogs shall be left outdoors unless a responsible person is on the premises.
E.
Any dog prone to excessive barking shall be confined indoors.
§ 220-40 Accessory apartments.
[Amended 4-25-1989; 4-21-1998 by L.L. No. 2-1998; 8-18-1998 by L.L. No. 8-1998; 5-6-2003 by L.L. No. 5-2003; 9-12-2016 by L.L. No. 6-2016; 11-23-2020 by L.L. No. 10-2020; 4-28-2025 by L.L. No. 6-2025]
It is the specific purpose and intent of this section to allow accessory apartments on one-family parcels of minimum size of 1/2 acre to provide the opportunity for the development of additional housing, or AFFH units as defined in § 220-2B of this chapter, or to meet the needs of the elderly, the young, or the relatives or domestic employees of the owners of the principal residence. It is also the purpose of this provision to allow more efficient use of the Town's existing dwellings and accessory buildings, and to afford existing residents the opportunity to remain in large, underutilized houses by virtue of the added income produced by accessory apartments, and to protect and preserve property values in the Town of Lewisboro. To help achieve these goals to promote the other objectives of this chapter and of the Town Comprehensive Plan, the following specific standards and limitations are set forth for such accessory apartment use.
B.
Location and number of units.
(1)
An accessory apartment may be located in the principal dwelling building or in a permitted accessory building, such as a barn or garage, and may include existing, new, or expanded structure construction.
(2)
There shall be no more than one accessory apartment permitted per one family building lot.
(3)
An accessory apartment is not permitted on any single lot where more than one dwelling unit already exists, regardless of whether the additional dwelling is a prior nonconforming dwelling unit or not. The property owner's right to subdivide their property shall be deemed to be waived if there is an accessory apartment in an accessory building, unless the proposed subdivided lots still meet all of this section's requirements without a variance.
C.
Size.
(1)
The minimum floor area for an accessory apartment located within a principal dwelling building shall be 300 square feet, but in no case shall it exceed 25% of the total floor area of the dwelling building in which it is located or 800 square feet, whichever is less.
(2)
For an accessory apartment located in an existing accessory building, the minimum floor area shall also be 300 square feet but in no case shall it exceed 800 square feet.
(3)
Each accessory apartment, whether in a principal dwelling unit or an accessory building, shall be limited to a maximum of two bedrooms.
D.
Other requirements.
(1)
Exterior appearance. Principal buildings containing an accessory apartment shall have only one front or principal entry to the building, and the accessory apartment shall be located, designed, constructed, and landscaped so as to preserve the appearance of the principal building as a single-family residence to the maximum extent feasible and further to enhance and not detract from the single-family character of the principal building and the surrounding neighborhood. An accessory apartment may have a separate, distinct entry as long as said entry, in the opinion of the permitting agency, does not detract from the single-family character of the principal building.
(2)
Off-street parking. Off-street parking requirements shall be that two off-street parking spaces must be provided for each dwelling unit on the property of the applicant. Additional parking areas shall be paved only when proven necessary and shall be screened and buffered from adjacent properties to the extent possible.
(3)
Approval of utilities. Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling or the conversion of an existing accessory building to an accessory apartment use, all septic systems and wells must be approved by the Westchester County Department of Health. In addition, the Department of Health must approve both the location and adequacy of septic systems and wells and any change in the number or location of bedrooms. (NOTE: This section may be waived by the Building Inspector if there is no addition to the existing residence or the basic bedroom count and location remain the same.)
E.
Assessment. The property which contains any accessory apartment shall be assessed in the manner authorized by the State of New York. If the owner of an accessory apartment has agreed to register the apartment as an AFFH unit, the assessor shall take the limitation on rental income into account in determining the amount, if any, the accessory apartment will add to the assessed value of the property.
F.
Administration. AFFH unit accessory apartments and middle-income units shall be administered by Westchester County, or such other agency as may be designated by the program's regulations.
§ 220-40.1 Accessory residence dwellings.
[Added 4-6-1999 by L.L. No. 3-1999; amended 4-28-2025 by L.L. No. 6-2025]
An accessory residence dwelling, not to exceed one per lot, incidental and subordinate to a principal detached one-family dwelling, and located on the same lot, is subject to the following standards and requirements:
A.
Minimum lot area. A minimum lot area of two times the requirement for an individual lot in the zoning district in which the accessory residence dwelling is to be located shall be required for an accessory residence dwelling and is subject to the provisions herein.
B.
Lot, yard and bulk requirements. All lot, yard and bulk requirements of the zoning district in which the accessory residence dwelling is to be located shall apply.
C.
Location. An accessory residence dwelling shall be sited in a manner that will permit future subdivision and separation of all buildings in conformance with the minimum lot area and bulk yard requirements of the zoning district in which the accessory residence dwelling is to be located. Subdivision approval shall not be granted if any nonconformity would be established due to the existing use, size or location of an accessory residence dwelling. Any future proposed subdivision would need to meet all requirements and undertake all procedures of Chapter 195, Subdivision of Land.
D.
Access. Street access may be shared with that of the principal one-family residence; additional street curb cuts or separate access driveways shall not be required.
E.
Size; number of bedrooms.
(1)
The size of an accessory residence dwelling shall not exceed 1,500 square feet, in gross floor area, or be less than 600 square feet, in gross floor area, excluding uninhabitable and unfinished garage and basement space as defined herein.
(2)
A maximum of two bedrooms is permitted in an accessory residence dwelling, provided that adequate water supply and sewage disposal facilities are provided.
F.
Water supply and sewage disposal. Prior to issuance of a building permit for an accessory residence dwelling, all water supply and sewage disposal systems shall be approved by the Westchester County Department of Health and New York City Department of Environmental Protection, as appropriate.
G.
Prohibition of other permitted accessory uses. The establishment of an accessory residence dwelling on a lot shall prohibit the use of that lot and any buildings on the lot as an accessory apartment, as defined herein; and the existence of an accessory apartment will prohibit the establishment of an accessory residence dwelling. Further, the accessory use of renting of rooms shall be strictly prohibited in both the principal and accessory residence dwellings; and the accessory use of a professional office, studio or home occupation shall be strictly prohibited in the accessory residence dwelling, or by any occupant of the accessory dwelling.
H.
Parking.
§ 220-41 Transformer stations.
[Amended 4-28-2025 by L.L. No. 6-2025]
A.
Transformer stations and customary accessory uses shall be subject to a finding, in addition to all other findings required by § 220-32 that a public necessity exists for a transformer station in the residential area, and that the particular site for which application is made is the least objectionable of possible sites from the public standpoint and takes into consideration future, as well as present, needs.
B.
The lot on which the transformer station is located shall have an area of at least 10,000 square feet. The station shall be set back at least 25 feet from all property lines, enclosed by protective fencing and a gate which shall be closed and locked, except when necessary to obtain access thereto.
C.
The installation shall be so designed, enclosed, painted or colored and screened with evergreens that it will be harmonious with the residential area in which it is located. The entire property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the neighborhood in which it is located.
§ 220-41.1 Wireless telecommunications facilities.
[Added 2-17-1998 by L.L. No. 1-1998;[1] 7-14-2008 by L.L. No. 1-2008; 10-25-2010 by L.L. No. 2-2010; 2-13-2017 by L.L. No. 1-2017; 5-21-2018 by L.L. No. 5-2018; 4-28-2025 by L.L. No. 6-2025]
A.
Purpose and intent. The purpose of this section is:
(1)
Establish clear and uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in the Town of Lewisboro. While the Town recognizes the importance of wireless communications facilities in providing reliable communications service to its residents and businesses, the Town also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities.
(2)
By enacting this chapter, the Town intends to:
(a)
Provide for the managed development of wireless telecommunications facilities in a manner that enhances the benefits of wireless communications and accommodates the needs of Town residents, Town businesses, and wireless carriers in accordance with federal, state and local laws and regulations;
(b)
Establish fair and efficient processes for review and approval of applications;
(c)
Establish procedures for the design, siting, construction, installation, maintenance and removal of wireless telecommunications facilities in the Town;
(d)
Encourage the location of wireless communications facilities on existing structures, including but not limited to wireless communications structures, rather than the construction of new structures;
(e)
Protect Town residents and businesses from potential adverse impacts posed by wireless communications facilities, to the extent permitted under law, and to attempt to preserve the visual character of established communities and the natural beauty of the landscape;
(f)
Minimize safety hazards and avoid potential damage to adjacent properties through proper locational, engineering and operational requirements;
(g)
Minimize adverse visual and aesthetic impacts of wireless telecommunications facilities to the maximum extent practicable through careful design, siting, landscaping, screening and innovative camouflaging techniques;
(h)
Protect the physical appearance of the Town and preserve its scenic and natural beauty;
(i)
Protect the public health, safety and welfare;
(j)
Protect property values of the community;
(k)
Minimize the impact of such facilities on residential properties;
(l)
Encourage the siting of wireless telecommunications services facilities on properties and areas which are not used exclusively for residential purposes;
(m)
Protect, to the maximum extent practicable, aesthetic qualities, the open space character of the Town of Lewisboro, the property values of the community, the health and safety and well-being of citizens, and a citizen's ability to receive communication signals without interference from other communication providers, while not unreasonably limiting competition among communication providers; and
(n)
Provide effective and reliable telecommunications service throughout the Town and enable the implementation and operation of new and advanced means of providing telecommunications service as they develop.
B. ACCESSORY OR ANTENNA EQUIPMENT ANTENNA BASE STATION(1) (2) (3) CO-LOCATION COMMUNICATION FACILITY ELIGIBLE FACILITIES REQUEST ELIGIBLE SUPPORT STRUCTURE FCC HEIGHT LARGE WIRELESS FACILITY MODIFICATION MONOPINE MONOPOLE PERSON PUBLIC RIGHT-OF-WAY REPLACEMENT SHOT CLOCK SMALL CELL WIRELESS FACILITY(1) (2) (3) (4) (5) (6) STEALTH TECHNOLOGY STRUCTURE (COMMUNICATIONS) SUBSTANTIAL CHANGE(1) (2) (3) (4) (5) TOWER (COMMUNICATIONS) UTILITY POLE WIRELESS TELECOMMUNICATIONS FACILITY WIRELESS TELECOMMUNICATIONS PROVIDER
Definitions. Notwithstanding any other definition in this chapter, for purposes of this section, the following terms shall have the meanings indicated:
Any equipment serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, buildings and similar structures, and, when co-located on a structure, which is mounted or installed at the same time as an antenna.
An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service (whether on its own or with other types of services). For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Part 15 of Title 47 of the United States Code.
A structure or equipment at a fixed location that enables FCC-licensed or -authorized wireless communications between user equipment and a communications network.
The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers, antennas, power or communication cabling including coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and microcell networks).
Consistent with the Nationwide Programmatic Agreement (NPA) for the co-location of wireless antennas:
Any site containing a communication tower, associated buildings, structures and equipment; and/or receiving and/or transmitting antenna, but excluding a satellite dish antenna less than one meter in maximum diameter in a residential district or less than two meters in maximum diameter in a nonresidential district, that does not produce or contribute to the production of emission levels exceeding the emission standards adopted, from time to time, by the Federal Communications Commission (FCC), based on the maximum equipment output.
Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) co-location of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment
Any structure (communications) as defined in this Section, provided it is existing at the time the relevant application is filed with the Town of Lewisboro.
The Federal Communications Commission.
When referring to a structure, the distance measured from the preexisting grade level to the highest point on the structure, including the antenna and any other appurtenances.
Any wireless telecommunications facility that is not a small wireless facility.
The improvement, upgrade or expansion of existing wireless communications facilities.
A monopole disguised as a tree.
A wireless communications support structure which consists of a single pole, designed and erected on the ground or on top of a structure, to support a wireless communications antenna and accessory equipment.
Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest, or any other entity.
Any way over which the public possesses the right to travel, which heretofore has been duly laid out, adopted and established by law. The term "road" includes state, county and Town highways and roads, streets, squares, places, courts, boulevards, parkways and other ways, however designated, to which the public has access.
The replacement of existing wireless communications antenna on any existing support structure or on existing accessory equipment for maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight, and height as the existing wireless communications antenna and which does not substantially change the physical dimensions of any existing support structure.
A period of time specified in this section for action upon an application for a wireless telecommunications facility.
A small telecommunications facility that meets each of the following conditions:
Each antenna (excluding associate antenna equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding antennas and backup power and related backup equipment) are cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration under Part 17;
The facility is not located on tribal lands, as defined under 36 CFR 800.16(x); and
The facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in Rule 1.1307(b).
Camouflaging methods applied to wireless communications facilities that render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted facilities, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles, and the like.
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
The mounting of a proposed antenna on existing towers that would increase the original height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater.
The mounting of the proposed antenna with the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter.
The mounting of the proposed antenna the addition of an appurtenance to the body of an existing wireless telecommunications support structure protruding from the edge of the original support structure more than 20 feet, or more than the original width of the support structure at the level of the appurtenance, whichever is greater; for other structures, the addition of an appurtenance to the body of the structure protruding from the edge of the structure by more than six feet, except that the mounting of the proposed antenna may exceed the size limits herein if necessary to shelter the antenna from inclement weather or to connect the antenna to the support structure via cable.
Mounting of proposed antenna excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site.
Changes that alter concealment and/or stealth elements of the support structure.
A structure built for the sole or primary purpose of supporting any FCC Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function, regardless of ownership, including Town-owned poles or poles owned by other utility companies. Any utility pole in excess of 50 feet, with wireless telecommunications equipment attached, shall be deemed a large wireless facility.
A structure, facility or location designed or intended to be used as, or used to support, antennas, along with any antennas located on such structure and any accessory equipment. It includes, without limit, freestanding towers, guyed towers, monopoles, small cell, small macrocell or small wireless facilities on utility poles in the public right-of-way or property of the Town or within the Town and similar structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It includes any structure, antennas and accessory equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave telecommunications or other cellular communications technologies, but excluding those used exclusively for the Town's fire, police, ambulance and other dispatch telecommunications for New York State, Westchester County, Bedford Town governments or governmental agencies, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.
A wireless telecommunications infrastructure provider or a wireless telecommunications services provider.
C.
Exemptions. The provisions of this section shall not apply to:
(1)
Unlicensed wireless telecommunication services facilities installed wholly within a principal or accessory building such as, but not limited to, baby monitors, heart monitors, garage door openers and burglar alarm transmitters, and serving only that building.
(2)
Notwithstanding anything to the contrary in this chapter, an eligible facilities request for modification of a permitted wireless telecommunications facility that does not substantially change the physical dimensions of the supporting structure of such facility shall not require review under this section. A building permit must be obtained for an eligible facilities request prior to any modification of the permitted wireless telecommunications facility.
D.
Permits for wireless telecommunications facilities.
(1)
Except as otherwise provided by this section, no person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of wireless telecommunications facilities without having first obtained either a small wireless permit for a small wireless facility or a special use permit for a large wireless facility.
(2)
Notwithstanding anything to the contrary in this section, any application for a wireless telecommunications facility that does not substantially change the dimensions of a wireless telecommunications facility shall not require a small wireless facility permit or a special use permit. In the event that a modification to, or replacement of, a permitted wireless telecommunications facility does not substantially change such existing wireless telecommunications facility, all that shall be required is a building permit from the Town Building Inspector.
(3)
A repair to and/or maintenance of a permitted wireless telecommunications facility shall not require a small wireless facility permit or a special use permit.
(4)
In addition to the requirements set forth for the issuance of a small wireless facility permit or special use permit for a wireless telecommunications facility to be located in a public right-of-way shall also comply with the procedures and requirements set forth in Chapter 191 of the Town Code relating to activities undertaken within a street, highway, sidewalk area or public ground. To the extent any provisions in Chapter 191 are inconsistent with the provisions set forth in this section, the provisions in this section shall control.
(5)
Notwithstanding the provisions set forth in this section, in the event an application seeks to place a wireless telecommunications facility on property owned or controlled by the Town, other than within a Town-owned public right-of-way, such application shall be exempt from the requirements of this section and shall remain within the sole and absolute discretion of the Town Board, which may impose such conditions on any such use as it deems appropriate. Nothing herein shall be deemed to create any right or entitlement to use Town property for such wireless telecommunications facility.
E.
Location priority.
(1)
Applications for wireless telecommunications facilities shall locate, site and erect said facility in accordance with the following priorities, Subsection E(1)(a) being the highest priority and Subsection E(1)(g) being the lowest priority, unless the Planning Board determines that a less intrusive or non-intrusive lower priority alternative site is available.
(a)
Co-location on existing utility poles, monopoles or other structures, including but not limited to the public rights-of-way;
(b)
Locating on an existing structure in the Town;
(c)
On lands owned or controlled by the Town, including, but not limited to, the Town public right-of-ways;
(d)
On lands within the Town owned or controlled by other municipal corporations, to the extent permitted by such other municipal corporations serving the Town of Lewisboro;
(e)
On non-residential zoned properties;
(f)
On properties occupied by a non-residential use within a residential zoning district; and
(g)
On properties zoned for residential use.
(2)
If the proposed site is not proposed for the highest priority listed above, then an explanation must be provided as to why a site of a higher priority was not selected. The applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.
(3)
Notwithstanding the above, the Planning Board may approve the placement of a wireless telecommunications facility upon any site located within the Town, provided that the Planning Board finds the proposed site will further the purposes of this section, is in the best interest of the safety, public welfare, character and environment of the Town and will not have a deleterious effect on the nature and character of the community and surrounding properties.
F.
Applications for telecommunications facilities. An application for approval of a wireless telecommunication services facility shall be jointly filed by the operator of the wireless telecommunication services facility and the owner of the property on which such facility is proposed to be located and shall contain the following:
(2)
An engineering plan illustrating the design and specifications of the proposed structure and equipment, including location of radio, antenna facilities, transmitters, equipment shelters, cables, conduits, point of demarcation, transport solution, electrical distribution panel, electric meter(s), and electrical conduit and cabling. Where applicable the design documents should include specifications on design, pole modifications and ADA compliance.
(3)
Where applicable, a load bearing study to determine whether the structure requires reinforcement to support and accommodate the attachment of the proposed wireless telecommunication services facility. If pole reinforcement is warranted, the design documents should include the proposed pole modification.
(4)
The location, size, and height of all existing and proposed structures on the property which is the subject of the application.
(5)
The applicant's name, address, telephone number, and e-mail address.
(6)
The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant.
(7)
A descriptive statement of the objective(s) for the new facility or modification thereof including, but not limited to, filling a gap in coverage, densifying a wireless network, introducing a new service, or otherwise improving service capabilities.
(8)
The location of the nearest residential structure.
(9)
Identify all existing and proposed wireless telecommunication services facilities which impact the service area covering the Town of Lewisboro, including but not limited to topographic maps of the Town with service coverage and service gap grids and all proposed, as well as other functionally acceptable locations for such facility(ies).
(10)
A visual impact assessment of the proposed wireless telecommunication services facility based upon appropriate modeling, photographic simulation and other pertinent analytical techniques as required by the Planning Board.
(11)
Where the owner of the property on which a wireless telecommunication services facility is proposed contemplates that such property may be used for the installation of two or more such facilities, the property owner shall submit a conceptual master plan identifying the total number and location of such facilities.
(12)
Where a wireless telecommunication services facility is proposed to be located on lands owned by a party other than the applicant or the Town, a copy of the lease agreement with the property owner, absent the financial terms of such agreement, together with any subsequent modifications thereof, shall be provided to the Planning Board and a copy shall be filed with the Town Building Department.
(13)
Documentation justifying the total height of any proposed antenna and structure and the basis therefore. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown.
(14)
Certification that NIER levels at the proposed site of the wireless telecommunications facility will be and remain within the current threshold levels adopted by the FCC.
(15)
A signed statement that the proposed wireless telecommunications facility will not cause physical or RF interference with other telecommunications devices.
(16)
A copy of the FCC license applicable for the intended use of the wireless telecommunications facility.
(17)
Certification by a NYS licensed engineer that the site is adequate to assure the stability of the proposed wireless telecommunications facility.
(18)
Certification by a NYS licensed engineer that any proposed antenna and structure are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads.
(19)
Information relating to the expected useful life of the proposed wireless telecommunications facility.
G.
Approval procedures for small cell wireless facility permits.
(1)
A public hearing may be held by the Planning Board, at its sole discretion, on each application concerning a small wireless facility. The Planning Board may waive the public hearing requirement where the Planning Board finds that it is appropriate to do so based on consideration of technological feasibility and visual impacts. Waiving the public hearing requirement on an application concerning a small wireless facility, shall also waive the public hearing requirement on the corresponding site development plan application. If a public hearing is conducted, public notice of such hearing shall be provided by the applicant in accordance with § 220-41.1K below.
(2)
An application for a small wireless facility permit shall include the items specified in Subsection F above, unless waived by the Planning Board upon a determination that such waiver is consistent with the purpose and intent of this Section.
(3)
A small wireless facility permit may authorize the installation of multiple facilities that will operate collectively in providing telecommunications service. An application for a small wireless facility encompassing more than one installation shall include the items specified in Subsection F above, and shall further specify the manner in which the multiple installations will operate in an integrated mannerunless waived by the Planning Board upon a determination that such waiver is consistent with the purpose and intent of this Section the information.
(4)
Time frames for approval.
(a)
Within 60 calendar days of receipt of a complete application for the collocation of a small wireless facility on a preexisting utility pole, monopole or other existing support structure, the Planning Board shall make a final decision on whether to approve, approve with conditions, or deny the application and shall notify the applicant, in writing of such decision.
(b)
Within 90 calendar days of receipt of a complete application for a small wireless facility on a new utility pole, monopole or other new support structure, the Planning Board shall make a final decision on whether to approve, approve with conditions, or deny the application and shall notify the applicant in writing of such decision.
(c)
Within 10 calendar days of receipt of an incomplete application for a small wireless facility, the Town shall notify the applicant in writing of any supplemental information required to complete the application. Such notification shall suspend the applicable shot clock until the applicant submits the required supplemental information. Upon receipt of an applicant's supplemental submission which adequately responds to the initial notification of incompleteness by the Town, as determined by the Building Inspector, the applicable shot clock will reset to zero and the Planning Board shall have the full 60 calendar days or 90 calendar days permitted by law to act on the completed application.
(d)
For any subsequent determinations of incompleteness beyond the initial submission, the Town shall notify the applicant of any required supplemental information within 10 calendar days of receipt of the supplemental submission, and such notice shall suspend the applicable shot clock until the applicant submits the required supplemental information.
(5)
A small wireless facility permit shall be valid for a period of five years from the date of issuance.
H.
Regulations applicable to small wireless facility permits in the public right-of-way. Small wireless facilities located in the public right-of-way shall be required to comply with the following regulations:
(1)
Location. Small wireless facilities in the public right-of-way shall be co-located on existing wireless telecommunications facilities, whenever possible. If co-location is not technologically feasible, the applicant shall locate its small wireless facility on existing utility poles or other structures that do not already act as wireless telecommunications facility support structures.
(2)
Design requirements.
(a)
All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b)
Antennas and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3)
Equipment location. Small wireless facilities and any accessory equipment in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the public right-of-way as determined by the Town. In addition:
(a)
In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, or within four feet of the edge of the cartway, or within an easement extending onto a privately-owned lot;
(b)
To the extent feasible, accessory equipment shall be placed underground. Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views to the fullest extent possible, through the use of landscaping or other decorative features. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology.
(c)
Required electrical meter cabinets shall be screened to blend in with the surrounding area.
(d)
Any graffiti on any small wireless facility support structure or any accessory equipment shall be removed within 30 days upon notification by the Town, at the sole expense of the owner.
(e)
Any proposed underground vault related to small wireless facilities shall be reviewed and approved by the Town Highway Superintendent.
(f)
Accessory equipment attached to a small wireless facility support structure shall have such vertical clearance as the Planning Board may determine.
(4)
Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth in Subsection S, following 90 days of written notice from the Town, or such longer period as the Town determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility or accessory equipment when the Town, consistent with its police powers and any applicable PSC regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
To construct, repair, maintain or install any Town or other public improvement located in the public right-of-way;
(b)
To prevent interference with the operations of the Town or other governmental entity, in the public right-of-way;
(c)
Abandonment of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the Town Board.
I.
Special use permit applications for large wireless facilities.
(1)
Except as otherwise provided by this section, no large wireless facilities shall be installed, constructed or substantially changed until a special use permit application is reviewed and approved by the Planning Board and a special use permit has been issued.
(2)
Upon receipt of an application for a large wireless facility, the Planning Board shall review said application and plans in accordance with the standards and requirements set forth in this section. However, notwithstanding anything to the contrary, where appropriate, the Planning Board shall have the authority to waive any requirements set forth in this section relating to an application for, or approval of, a special use permit for a large wireless facility, provided that it would further the purpose and intent of this section.
(3)
The Planning Board may attach such conditions and safeguards to any permit and site development plan as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements.
(4)
No application shall be accepted and no permit shall be issued for a large wireless facility on a property where the Building Inspector has found, or there exists, a violation of the Town Code and where such violation has not been corrected.
(5)
Granting a special use permit shall not waive the requirement for final site plan approval, including fees, in accordance with Article VI of this chapter.
(6)
The applicant shall include a statement, in writing, that:
(a)
The applicant's proposed large wireless facility shall be maintained in a safe manner and in compliance with all conditions of the special use permit, without exception, as well as all applicable and permissible federal, state and local laws, statutes, codes, rules and regulations; and
(b)
The construction of a large wireless facility is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in New York State.
(7)
In addition to the requirements set forth in Subsection F above, applications for a large wireless facility or a substantial change to a large wireless facility, shall also include:
(a)
A map, in graphical form and in AutoCAD® or compatible drawing exchange file format, which shows the applicant's existing and proposed area of coverage. Such map should locate all existing facility sites within the Town and within one mile of the Town in bordering communities.
(b)
A map depicting the location of residential structures within 500 feet of the proposed facility or the four residential structures closest to the proposed facility, whichever is greater in physical extent, as well as the location, size and height of all existing and proposed structures on the property which is the subject of the application.
(c)
A descriptive statement of the objective(s) for the new facility or modification, including and expanding on a need such as coverage and/or capacity requirements.
(d)
Documentation that demonstrates and proves the need for the large wireless facility to provide service primarily and essentially within the Town. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage.
(e)
A completed full environmental assessment form (EAF), including a visual addendum, assessing the visual impact of the proposed wireless telecommunications facility and providing appropriate modeling, photographic simulations and such other analytical tools as the Planning Board, in its discretion, may require. The Planning Board may, in its discretion, select the viewpoints for photo simulations and require an applicant perform a "balloon test" for a new large wireless facility and may require alternative stealth technologies be employed to address aesthetic impacts.
(f)
A written description and identification of the number and locations of any additional sites that the applicant has been, is or will be considering, reviewing or planning for wireless telecommunications facilities in the Town, and all municipalities adjoining the Town, for a two-year period following the date of the application.
J.
General and specific requirements for large wireless facilities. Large wireless facilities are permitted in all zones, subject to the restrictions and conditions prescribed below:
(1)
Construction and design. All large wireless facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any large wireless facilities shall be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Town.
(2)
Wind and ice. All large wireless facilities structures shall be designed to withstand the effects of wind gusts and ice to the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(3)
Aviation safety. Large wireless facilities shall comply with all applicable federal and state laws and regulations concerning aviation safety.
(4)
Public safety communications. Large wireless facilities shall not interfere with public safety communication services or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.
(5)
Radio frequency emissions. A large wireless facility shall not, by itself or in conjunction with other wireless communication facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. When a large wireless facility is complete, as-built readings will be taken and submitted to the Town.
(6)
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(a)
Large wireless facilities shall be fully automated and unattended so that they are visited only for maintenance or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Town's residents.
(c)
All maintenance activities shall utilize the best available technology for preventing failures and accidents.
(d)
The owner or operator of a large wireless facility shall maintain standby power generators capable of powering the wireless telecommunications facility for at least 24 hours without additional public utility power, and indefinitely with a continuous or replenished fuel supply. Such standby power shall activate automatically upon the failure of public utility power to the site. Notwithstanding the foregoing, the Planning Board may require standby power longer than 24 hours where circumstances indicate sufficient space exists to accommodate longer periods of backup power.
K.
Height. Support structures for large wireless facilities shall be no higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate co-location by additional antenna arrays, but under no circumstances is the height to be in excess of 150 feet.
L.
Setbacks. All large wireless facilities, including any support structures and accessory equipment, located outside the public right-of-way shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other forms of screening and/or structural characteristics of the proposed support structure.
M.
Visibility.
(1)
All large wireless facilities shall be sited to have the least-adverse visual effect on the environment and its character, on existing vegetation and on residences situated in nearby proximity to large wireless telecommunications facility site. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under federal, state and local laws, statutes, codes, rules or regulations.
(2)
Both the large wireless facility and accessory equipment appt shall maximize use of building materials, colors and textures designed to blend with the structure to which they may be affixed and/or to harmonize with the natural surroundings.
(3)
Large wireless facilities shall not be artificially lighted or marked, except as required by law.
(4)
Wireless telecommunications facility support structures for large wireless facilities shall be galvanized and/or painted with a rust-preventive paint of an appropriate color as specified by the Planning Board to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section.
(5)
Electrical and land-based telephone lines extended to serve the large wireless facility sites shall be installed underground.
(6)
Stealth technologies shall be required to be employed in an effort to blend into the surrounding environment and minimize aesthetic impact.
(7)
Landscaping shall be provided, if appropriate.
N.
Security.
(1)
All large wireless facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access.
(2)
All antennas and supporting structures, including guy anchor points and wires and accessory equipment, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed.
(3)
Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service.
O.
Approval procedures for large wireless facilities.
(1)
The Planning Board shall hold a public hearing on special permit applications for large wireless facilities.
(2)
Notice of the public hearing shall be published in the official newspaper of the Town at least 10 days in advance of the hearing. Notice of the public hearing shall be mailed by the applicant to owners of property within 1,000 feet of the proposed facility at least 14 days in advance of the public hearing, and an affidavit of service thereof shall be filed with the Planning Board due on or before the date of the hearing.
(3)
The Planning Board may grant a special use permit for a large wireless facility for a period of five years.
(4)
Time frames for approval.
(a)
Within 60 calendar days of receipt of a complete special permit application for a large wireless facility, the Planning Board shall make a final decision on whether to approve, approve with conditions, or deny the application and shall notify the applicant, in writing of such decision.
(b)
Within 90 calendar days of receipt of a complete special permit application for a large wireless facility, the Planning Board shall make a final decision on whether to approve, approve with conditions, or deny the application and shall notify the applicant in writing of such decision.
(c)
Within 10 calendar days of receipt of an incomplete special permit application for a large wireless facility, the Town shall notify the applicant in writing of any supplemental information required to complete the application. Such notification shall suspend the applicable shot clock until the applicant submits the required supplemental information. Upon receipt of an applicant's supplemental submission which adequately responds to the initial notification of incompleteness by the Town, as determined by the Building Inspector, the applicable shot clock will reset to zero and the Planning Board shall have the full 60 calendar days or 90 calendar days permitted by law to act on the completed application.
(d)
For any subsequent determinations of incompleteness beyond the initial submission, the Town shall notify the applicant of any required supplemental information within 10 calendar days of receipt of the supplemental submission, and such notice shall suspend the applicable shot clock until the applicant submits the required supplemental information.
P.
Application fees/escrow for review costs. Applications for a small wireless permit or a special permit, or to renew any such permit, shall be accompanied by payment of a nonrefundable application fee in an amount as determined by the Town Board and as set forth in the Town Fee Schedule. In addition to an application fee, an applicant shall also fund an escrow account deposit in accordance with § 220-77C to reimburse the Town for the costs of professional review fees, including the fees of technical experts and other consultants as may be necessary to review the application, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant.
Q.
Recertification of small cell wireless permit or special use permit.
(1)
At least four months prior to the expiration date of a small wireless permit or special use permit for large wireless facilities, the holder of such permit shall apply to the Planning Board for recertification. A recertification application shall set forth:
(a)
The name of the holder of the special use permit for the wireless telecommunications facilities.
(b)
The date of the original granting of the original permit.
(c)
Whether the wireless telecommunications facility has been modified since the issuance of the original permit and, if so, in what manner.
(d)
Certification that the facility is in compliance with the original permit and in compliance with all applicable codes, laws, rules, regulations and federal certification requirements.
(e)
Certification that the wireless telecommunications support structure, base station and accessory equipment are designed and constructed (as built) and continue to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a NYS-licensed professional engineer.
(2)
Recertification shall be required for all wireless telecommunication facilities that are subject to special permits issued prior to the effective date of this section.
R.
Default and/or revocation of small cell wireless permit or special use permit.
(1)
If wireless telecommunications facilities are constructed, repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or any permit issued hereunder, or it is determined conclusively that the applicant made materially false or misleading statements during the application process, then the Planning Board or the Building Inspector shall notify the holder of the permit, in writing, of such violation. Such notice shall specify the nature of the violation or noncompliance, and the violations must be corrected within 10 days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this section, if the violation causes, creates, or presents an imminent danger or threat to the health or safety of lives or property, the Building Inspector may order the violation remedied within 24 hours.
(2)
If, within the period set forth in Subsection R(1) above, the wireless telecommunications facility is not brought into compliance with the provisions of this section, or of the authorizing permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facility into compliance, then the Planning Board may revoke such permit for the wireless telecommunications facility and may require its removal.
S.
Removal.
(1)
Under the following circumstances, the Town may determine that the safety, public welfare, character and environment of the Town warrant and require the removal of a wireless telecommunications facility:
(a)
A permitted facility has been abandoned (i.e., not used as a wireless telecommunications facility) for a period exceeding 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;
(b)
Permitted facilities fall into such a state of disrepair that they create a safety hazard; and
(c)
Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, a permit required under this section.
(3)
The holder of the special use permit or the owner of the property shall dismantle and remove such wireless telecommunications facility, and all accessory equipment, antennas, support structures and other associated structures and facilities, from the site and return the site to its original condition, such restoration to be completed, limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Town Building Department. However, if the owner of the property upon which a wireless telecommunications facility is located wishes to retain any access roadway to the facility, the owner may do so with the approval of the Town.
(4)
If the wireless telecommunications facility is not removed or substantial progress has not been made to remove the facility within 90 days after the permit holder has received notice, then the Town may remove the facility at the sole expense of the property owner and/or permit holder.
(5)
If the Town removes or causes a wireless telecommunications facility to be removed, and the owner of the removed facility does not claim and remove any equipment or materials to a lawful location within 10 days, the Town may take steps to declare the equipment or materials abandoned and sell them and their components and retain the proceeds therefrom.
T.
Penalties for offences. In addition to any other remedies in this section, a violation of any provision of this section with respect to either large wireless facilities or small wireless facilities is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each continued violation shall constitute a separate additional violation.
U.
Adherence to state and/or federal rules and regulations.
(1)
The holder of a small wireless facility permit or special use permit issued pursuant to this section shall adhere to and comply with all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.
(2)
To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security, are amended and/or are modified during the duration of a small wireless facility permit or special use permit, then the holder of such permit shall conform the permitted wireless telecommunications facility to the applicable amended and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.
[1]
Editor's Note: This local law also provided that limits for maximum possible exposure (MPE) shall comply with FCC standards.
§ 220-42 Agency-operated boarding homes or group homes.
[Amended 4-28-2025 by L.L. No. 6-2025]
In accordance with the purposes of this chapter, as set forth in Article I hereof, and in furtherance of the policy of the State of New York to deinstitutionalize those persons cared for in their natural homes which are designed to give an outwardly similar appearance to other one-family dwellings, the following regulations shall apply to agency-operated boarding homes or group homes:
A.
Minimum lot area. The minimum lot area required for the establishment of an agency-operated boarding home shall be the same as that required for other dwellings in the district in which it is located. For a group home, the minimum lot area requirement shall be increased by 15% for each person in excess of six, up to the maximum permitted number of 12.
B.
Spacing. For purposes of furthering the state's dispersal and deinstitutionalization policy, to prevent the undue concentration of agency-operated boarding homes and group homes in any one area and to preserve the social as well as the physical character of one-family residential neighborhoods, no new agency-operated boarding home or group home shall be established within two miles of any existing agency-operated boarding home or group home.
C.
Off-street parking. A minimum of one off-street parking space shall be provided for each staff member on the premises, plus two off-street parking spaces for visitors, plus such additional off-street parking space as may be deemed appropriate by the Zoning Board of Appeals.
D.
Other information. In addition to all other normally required items of information, the following additional documentation shall also be submitted with the special permit application:
(1)
A copy of the operating certificate issued by the New York State Board of Social Welfare or the Department of Mental Hygiene, including any conditions and requirements attached hereto.
(2)
Copies of all correspondence between the applicant and the State of New York with respect to the proposed facility.
(3)
A complete statement of the proposed type, number, age and permanency of residence of the persons to be cared for and the number and qualifications of both resident and nonresident adult supervisory personnel.
(4)
A complete statement of the applicant's plans for the social and economic integration of the projected residents into the community, including their educational, employment and recreational needs, transportation and service requirements and any other such information as may be relevant to the application and determined necessary by the Zoning Board of Appeals.
(5)
A vicinity map indicating the location of the proposed facility in relation to other existing agency-operated boarding homes, group homes or other similar types of care facilities within a radius of two miles of the subject site.
(6)
Evidence of approval from the Westchester County Health Department.
E.
Changes. Any change in the nature, size or type of operation from that originally approved shall be subject to a complete new application to the Zoning Board of Appeals in accordance with the same standards and procedures as required for the original application.
§ 220-43 Limited-service carry-out restaurants with more than 10 seats. [1]
[Added 12-10-2007 by L.L. No. 4-2007; amended 4-28-2025 by L.L. No. 6-2025]
In addition to all other applicable standards and requirements as set forth in this chapter, limited-service carry-out restaurant establishments with more than 10 seats shall only be permitted upon property within either the RB Retail Business District or GB General Business District, provided that:
A.
The total building floor area shall not exceed 2,000 square feet in gross floor area.
B.
The exterior and interior architectural and physical design of the establishment, including but not limited to the facade, signage, and fixtures, shall not include standardized decor elements, coloring, motifs or layouts.
C.
The floor area devoted to food and beverage preparation shall not exceed 25% of the total gross floor area.
D.
The total floor area devoted to customer service and interior seating shall not exceed 50% of the total gross floor area.
E.
Drive-up or walk-up window service facilities shall not be permitted.
F.
Internally illuminated signage shall not be permitted.
G.
If located on a multi-tenant property, all exterior architectural elements, signage and lighting shall be integrated in a consistent and coordinated style, design and construction.
H.
Properly designed and maintained refuse and recycling containers shall be provided within and on the exterior of the establishment by the operator. Said containers shall be maintained at all times to keep all areas free and clear from garbage, trash and other debris. Such containers shall be of an appropriately durable material and of a design which is aesthetically consistent with the prevailing design theme of the premises and neighboring properties. Appropriate odor, insect and vector controls shall be employed. The containers shall be emptied on a regular basis, and exterior containers shall be moved indoors at the end of each business day.
[1]
Editor's Note: Former § 220-43, Helistops, was repealed 12-12-1995 by L.L. No. 7-1995.
§ 220-43.1 Professional offices in residential districts.
[Added 8-13-1991; amended 3-10-1992 by L.L. No. 2-1992; 2-23-1993 by L.L. No. 5-1993; 4-28-2025 by L.L. No. 6-2025]
The purpose of this section is to help create a more gradual transition from Retail Business and General Business Districts to specified residential districts by allowing certain limited types of professional offices as principal uses in existing buildings on appropriate sites, provided that they are designed in a manner which will help to preserve and enhance the residential character of such areas. Professional office uses which will not harmonize with or would be detrimental to the residential character of these areas are not to be permitted. The following specific standards would apply to such uses, in addition to the general criteria in Article V:
A.
Professional offices as principal uses in residence districts shall be limited to uses meeting the Zoning Ordinance definition of a professional office, with the following exceptions:
(1)
Veterinarians' offices are expressly prohibited due to the potential for adverse noise, odor and other impacts upon residential areas.
(2)
Real estate offices are expressly prohibited due to the potential for adverse traffic impact and the likelihood of intensity of use on weekends in residential areas.
B.
Such professional office uses shall be permitted only when the following site conditions are met:
(1)
There must be a distance of not more than 100 feet between the lot upon which the use is proposed to be located and the boundary of a Retail Business (RB) or General Business (GB) District. This includes lots located across a New York State highway. This distance shall be measured on the Town of Lewisboro Tax Maps from the property line of the subject site closest to the RB or GB District and the zoning district boundary as shown on the Zoning Map of the Town of Lewisboro, New York. Where uncertainty exists, § 220-5 of this chapter, Interpretation of district boundaries, shall be utilized.
(2)
The lot must have frontage upon and have an existing driveway onto a New York State highway.
(3)
The residential zoning district in which the lot is located must be contiguous to a Retail Business or General Business District.
(4)
The lot area must meet the minimum requirements for the residence district in which it is located.
(5)
The structure in which the proposed professional office is to be located must be the principal residential structure on a site. The professional office as a principal use may not in any circumstances be located in an accessory building or outbuilding such as a barn, kennel, garage or shed.
C.
The professional office use must be located in a building which existed prior to September 1, 1991. The exterior character of the building and design of the site shall be such that it will harmonize with the residential character of the district in which it is located. Buffer area requirements found in § 220-15B of this chapter shall apply to all applications for this use.
D.
The following requirements for the existing driveway onto a New York State highway must be met:
(1)
The driveway onto a New York State highway must have existed on September 1, 1991. It is the express intent of this requirement that absolutely no new driveways are established onto New York State highways.
(2)
Existing sight distance must be determined as part of the application. Any deficiency in existing sight distance as determined by the Planning Board, Highway Superintendent, Town Engineer, or New York State Department of Transportation must be resolved to the satisfaction of the Planning Board. In reviewing needed improvements to obtain adequate sight distance, the Planning Board must consider the aesthetic impacts such improvements would have on the character of the site and the neighborhood.
(3)
The slope, length, and condition of the existing drive shall be reviewed by the Planning Board in determining the appropriateness of approving a professional office use. The Planning Board may require improvements to the drive as a condition of the special use permit.
(4)
Generally, the driveway should be an individual driveway with no separate easement, common driveway agreement or shared right-of-way for any other lot. The Planning Board may allow exceptions to this requirement if the following conditions are met:
(a)
The professional office use will harmonize with the use of the adjoining properties using the common driveway or right-of-way.
(b)
The applicant provides sufficient information on any agreement or easement providing right of access, including the number of users, maintenance provisions and restrictions on limitations of use contained therein, to enable the Planning Board to evaluate the effects of the proposed professional office.
(c)
Any input of the landowners sharing the right-of-way or easement shall be duly considered by the Planning Board prior to granting a special permit for a professional office for a structure to be accessed via a common or shared driveway, easement or right-of-way.
E.
The following off-street parking requirements shall be met:
(2)
All off-street parking shall be provided to the rear of the building in which the professional office use is located, except that, where determined appropriate by the Planning Board based upon existing building setbacks, topography and/or screening, some or all of the required parking may be located in a side or front yard.
(3)
All off-street parking areas shall be screened from neighboring residential properties to the extent determined appropriate by the Planning Board.
F.
There shall be no external evidence of the professional office except for signage in accordance with Chapter 185, Signs.
G.
The proposed extent of alteration of a structure, including any changes necessary to comply with the New York State Uniform Fire Prevention and Building Code, shall be presented to the Planning Board. Structures are not to be significantly enlarged, expanded or otherwise significantly altered externally. The Planning Board will consider the following criteria in reviewing applications that would involve interior or exterior alterations:
(1)
The extent to which the external appearance of the site will change.
(2)
The potential impact upon the residential character of the structure and immediate vicinity.
(3)
The extent to which alterations are required to meet Building Code requirements.
(4)
The increases in traffic generation and intensity of use are likely to be experienced.
H.
The proposed structure must be found by the Planning Board to be principally oriented towards a New York State highway, rather than an existing residential street, or otherwise be removed from a New York State highway neighborhood.
I.
In approving the issuance of a special permit for a professional office use, the Planning Board may limit the hours of operation and may establish such other requirements which would control intensity of use or which it determines to be necessary or appropriate to minimize the potential impact of such use upon neighboring residential properties and public streets.
§ 220-43.2 Private nature preserves.
[Added 3-19-2009 by L.L. No. 2-2009; amended 4-28-2025 by L.L. No. 6-2025]
A.
Findings and purpose.
(1)
The Town hereby finds that the preservation of open space in its natural condition and the promotion of public understanding, awareness and appreciation of the natural environment make important contributions to the quality of life in the Town, and the Town welcomes the contribution to the achievement of that goal made by private not-for-profit efforts supplementing those of public agencies.
(2)
The Town finds further that it is necessary to achieve compatibility between the activities normally carried on by organizations entrusted with the task of running nature preserves and providing related environmental and agricultural education programs and the residential uses in their vicinity.
B.
Site standards. The following site standards shall apply to all private nature preserves:
(1)
Minimum lot size. No lot consisting of fewer than 10 acres of land shall qualify for a private nature preserve.
(2)
Access. A lot containing a private nature preserve may be located on a public or private street, provided that said street has direct access to a state highway or major street, as defined under § 195-11 of the Town's Subdivision Regulations, or collector road, as defined in the Town's Comprehensive Plan.
(3)
Permitted accessory uses: any accessory use determined by the Planning Board to be customarily incidental to a private nature preserve. Customary incidental accessory uses shall include, but are not limited to, administration buildings, maintenance buildings, education and research areas, animal enclosures, storage buildings, and dwelling units for the founder, manager, or for employees of the private nature preserve, except that no more than two dwelling units per 10 acres of land shall be permitted.
(4)
Fencing, landscaping, and buffers. The Planning Board shall determine appropriate forms of fencing, landscaping or other buffering techniques to mitigate noise, glare, visual, and other potential adverse impacts.
(5)
All wetlands shall be delineated or verified in accordance with Chapter 217 of the Code of the Town of Lewisboro and the applicant shall demonstrate how the waste of those animals under care will not impact groundwater and wetlands, watercourses, or water bodies located on or adjacent to the site.
C.
Traffic controls. At a minimum, the Planning Board shall consider the following:
(1)
Preserve staff to provide for the control of traffic coming to and leaving the site during functions that produce traffic in excess of customary daily traffic conditions.
(2)
The use of buses and/or vans to provide transportation to and from the site. The Planning Board shall consider and may regulate the quantity, type and size of vehicles entering and exiting the site.
(3)
The Planning Board may recommend to the Town Board that on-street parking in the vicinity of the private nature preserve be limited, reduced, or eliminated.
(4)
The location and design of off-street parking spaces shall be consistent with Article VII of this chapter; however, the number of spaces required shall be determined by the Planning Board. In determining the minimum spaces to be provided, the Planning Board may require the applicant to submit a parking needs study.
D.
Approvals required. The Planning Board may condition its approval upon the applicant's obtaining all other required local, county, state, and/or federal permits or approvals, including, but not limited to, any approvals or permits from the United States Department of Agriculture, the New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, and the United States Fish and Wildlife Service.
E.
Conditions of operation.
(1)
Programs. The Planning Board may establish conditions, including, but not necessarily limited to, hours of operation, maximum number of visitors, maximum number of programs per day, minimum time interval between programs and/or the starting times thereof, traffic controls, and notification requirements.
(2)
All activities shall be operated pursuant to Code of the Town of Lewisboro and the conditions of the special use permit. Upon failure to do so, the special use permit may be rescinded by the Planning Board, after a public hearing thereon, at which time the permit holder shall have an opportunity to be heard.
F.
Inspection. The Planning Board or its representatives shall be entitled, upon reasonable notice to the permit holder, to conduct inspections of the facility to ensure compliance with the special use permit.
G.
Term of permit; renewal and amendment. The special use permit shall be issued for an initial term of two years and shall thereafter be renewed every five years. The special use permit may be renewed or amended by the Planning Board any time prior to the expiration of said permit upon receipt of a written request from the permit holder or the owner of land. Renewals and/or amendments shall be acted upon by the Planning Board in the same manner as would be required for a new special use permit. A renewal shall not be granted if the Planning Board finds that the permit holder has not substantially complied with the originally approved special use permit.
H.
Records. Program registration and scheduling records, in either paper or digital form, shall be maintained by the permit holder for a minimum of five years and shall be available for inspection by the Town or its representatives upon reasonable notice to the permit holder and during normal business hours.
I.
Following the effective date of this section, any existing private nature preserve that requires a special use permit as a result of the adoption of this section shall have 90 days within which to apply. Any application duly filed and diligently pursued by the applicant shall stay the enforcement of any proceeding by the Town with respect to the use of the property which is the subject of the application.
§ 220-43.3 Bed-and-breakfast establishments. [1]
[Added 6-15-2015 by L.L. No. 3-2015; amended 4-28-2025 by L.L. No. 6-2025]
A.
Purpose. It is the specific purpose and intent of this provision to address the need of residents to locate convenient accommodation for visitors, to provide local accommodation for short-term visitors to the community, to encourage preservation of large older dwellings by providing a cost-effective alternate or adaptive use that can relieve the maintenance burden on the owners of such buildings and to encourage the preservation of large residential lots and their open space character by permitting an alternative use consistent with the residential character of the community. Furthermore, it is the purpose and intent of this provision to provide economic support for present resident families, to protect and preserve property values, to ensure healthy and safe living conditions and to have more effective regulation and control of Town growth and development. In furtherance of these purposes, specific conditions are set forth herein for bed-and-breakfast establishments.
B.
Bed-and-breakfast establishments shall be special uses as follows:
(1)
In addition to the specific requirements set forth herein, the property and the principal and accessory structures located thereon shall conform to the lot area, yard and other requirements for the zoning district in which the property and structures are located.
(2)
The building housing a bed-and-breakfast establishment shall be an existing, detached single-family dwelling, and its use as a bed-and-breakfast establishment shall not conflict with its appearance or function as such.
(3)
The minimum lot size on which a bed-and-breakfast establishment may be located is two acres. A bed-and-breakfast establishment may be permitted on a lot with a smaller area only if such lot is located in a nonresidential district, the Planning Board finds that a bed-and-breakfast establishment can be adequately accommodated within the existing principal dwelling building, that it will not overburden the property, and that it will be a use compatible with the surrounding properties.
(4)
The owner of the lot upon which the bed-and-breakfast establishment is to operate shall occupy and maintain the bed-and-breakfast establishment as his/her primary legal residence. The owner of the lot must reside in the premises at the time rooms are being used by guests.
(5)
The maximum number of bedrooms that may be available to overnight guests shall be three bedrooms. The Planning Board shall be responsible for determining and limiting the number of bedrooms in each dwelling in connection with its review of the special use permit application.
(6)
Guests in such bed-and-breakfast establishment may reside in such establishment for a maximum of three nights. The maximum occupancy of each guest room in the bed-and-breakfast establishment shall be two adults and their minor children, as long as such occupancy is in compliance with the New York State Uniform Fire Prevention and Building Code.
(7)
Meal service shall be limited to a morning meal served to overnight guests of the bed-and-breakfast establishment only.
(8)
There shall be one price per night for overnight guests of the bed-and-breakfast establishment, which price shall include the morning meal.
(9)
No fewer than one off-street parking space shall be provided per bedroom designated as available for overnight guests. Said parking shall be in addition to the parking required by this chapter for the single-family dwelling use. The Planning Board shall be responsible in connection with its review of the special use permit application for determining that the required number of parking spaces can be provided in a safe manner on the subject lot so as to not establish a nuisance or burden for adjacent and surrounding lots.
(10)
Evidence of the approval of the proposed method and adequacy of water supply and sewage disposal shall be obtained from the Westchester County Department of Health.
(11)
The special use permit shall be granted for a period of three years and may be renewed for additional three-year periods. An application for, and a renewal of, the special use permit shall be made to the Building Department on a form provided by the Building Department for such purpose, and by payment of a fee in an amount set forth in a fee schedule as adopted and as may be amended from time to time by resolution of the Town Board. The Building Department, after receiving the completed application and fee, shall reissue the special use permit if inspection of the premises finds it to be in compliance with all applicable codes including the New York State Uniform Fire Prevention and Building Code, the requirements of this section and the provisions of the original special use permit approval. If the Building Department finds that the property is not in compliance with all applicable codes including the New York State Uniform Fire Prevention and Building Code, the requirements of this section and the provisions of the original special use permit approval, then the Building Department shall refer the application to the Planning Board for action.
(12)
Each property for which a special permit has been issued for use as a bed-and-breakfast establishment is subject to periodic inspections by the Building Department and Fire Inspector to ensure continued compliance with all applicable codes, including the New York State Uniform Fire Prevention and Building Code, the requirements of this section and the provisions of the original special use permit approval. Such inspections shall be conducted at least annually, and may be conducted more frequently if the Building Department or Fire Inspector reasonably suspects that more frequent inspections are necessary to ensure the safety of the bed-and-breakfast establishment.
(13)
If any inspection of the property and dwelling by the Building Department or Fire Inspector for the purpose of ensuring compliance with the provisions of this section is refused by the owner, when said inspection occurs at any reasonable time during daylight hours, or if the continuing conditions of the special use permit are violated, the special permit shall be subject to revocation after a hearing by the Planning Board at which the permit holder is provided an opportunity to be heard.
(14)
When during the review of an application the Planning Board finds that significant site work will be required to increase parking areas, to enlarge subsurface sewage disposal areas or to otherwise alter the physical site conditions, the Planning Board shall require the submission of a site plan which shall be processed concurrently with the application for a special use permit. In all other situations, site plan approval by the Planning Board shall not be required.
[1]
Editor’s Note: Former § 220-43.3, Riding academies, added 7-29-2013 by L.L. No. 7-2013, was repealed 11-7-2013 by L.L. No. 10-2013.
§ 220-43.4 Construction or placement of accessory building on lot located proximate to or across street from principal building.
[Added 2-22-2016 by L.L. No. 2-2016; amended 4-28-2025 by L.L. No. 6-2025]
A.
Purpose. The purpose and intent of this section is to allow an accessory building, specifically a private garage or shed, to be constructed or placed on a lot located proximate to or across the street from the principal building to which it shall serve. This section is intended to provide some relief to homeowners when it is determined that the principal building lot cannot reasonably accommodate an accessory building.
B.
The construction or placement of an accessory building on a lot located proximate to or across the street from a principal building shall require a special use permit and shall only be authorized when all of the following conditions are satisfied:
(1)
The principal and accessory building lots shall be in the same ownership and shall be accompanied with a deed restriction establishing that the accessory building lot can only be conveyed with the parcel on which the principal building is located.
(2)
The location of the accessory building lot shall meet one of the following criteria:
(a)
The accessory building lot shall be located immediately opposite and across the street from the principal building lot. For the purposes of this section, "immediately opposite" shall mean that a straight or diagonal line can be drawn through the street line of both lots without intersecting another lot, other than that associated with the street right-of-way.
(b)
The accessory building lot shall be located not more than 20 feet from the principal building lot. This provision shall only apply when the two building lots are separated by one or more lots that are under different ownership and therefore cannot be merged.
(3)
Both the accessory building lot and the principal building lot shall be located within a residential district.
(4)
The construction or placement of an accessory building on a lot located proximate to or across the street from the principal building shall only be permitted when it is demonstrated that the principal building lot does not presently contain or cannot reasonably accommodate the accessory building.
(5)
Accessory buildings authorized under this section shall be limited to private garages and sheds, subject to § 220-23D, Permitted accessory uses, of this chapter.
(6)
A maximum of one accessory building shall be allowed on the accessory building lot.
(7)
The accessory building and accessory building lot shall be suitably developed to complement the principal building and principal building lot.
(8)
The use of the accessory building shall be clearly incidental to and customarily found in conjunction with the primary residential building to which it serves. The use of the accessory building shall not include any activity commonly conducted for gain, with the exception of home occupation, subject to § 220-23D(1).
(9)
The outdoor storage of vehicles, trailers, boats, campers, motor homes, equipment, materials, or refuse shall be prohibited on the accessory building lot; all matter shall be stored within a fully enclosed building.
(10)
In cases of private garages intended for the indoor parking of vehicles, no garage shall be approved where the vehicle must back out into a street to exit; provisions shall be made so that the vehicle can turn around on the accessory building lot before exiting the lot.
(11)
The accessory building shall not contain a bathroom nor shall it contain plumbing facilities; the accessory building lot shall not contain a well that is subject to Westchester County Department of Health rules and regulations.
(12)
All proposed utilities serving the accessory building shall be installed underground.
§ 220-43.5 Schools (private and public).
[Added 6-11-2018 by L.L. No. 6-2018; amended 4-28-2025 by L.L. No. 6-2025]
Schools (private and public) as defined in this chapter shall be special uses as follows:
A.
Location. The special use listed in this section may be permitted in a residence district only in locations fronting on or having direct access to major or collector roads as determined by the Planning Board.
B.
Minimum lot area. The minimum lot area required for the establishment of an educational use shall be as required in the zoning district in which the lot is located.
C.
Setbacks. All new buildings shall be set back from adjoining properties in residence districts and street lines directly opposite properties in residence districts a distance equal to at least twice the normally applicable front yard setback requirement for detached one-family dwellings in the zoning district in which they are located, but in no case less than 50 feet. Off-street parking areas shall not be permitted in any required front yard, nor in any required side or rear yard within 20 feet of any adjoining property in a residence district. Setback requirements may be modified by the Planning Board in case of conversions of existing buildings.
D.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining properties in residence districts, except where determined by the approving agency that a lesser width or no buffer will meet the purpose of this requirement.
E.
Off-street parking. A minimum of one off-street parking space shall be provided for every 200 square feet of gross floor area.
§ 220-43.6 Accessory winery, accessory microbrewery and accessory craft distillery and farm brewery.
[Added 2-25-2019 by L.L. No. 1-2019; amended 4-28-2025 by L.L. No. 6-2025]
A.
Purpose. The purpose and intent of this section is to permit and encourage the expansion of local agribusiness so as to enhance opportunities for local farming operations, stimulate interest in the Town and thereby foster tourism, invite further creative investment by existing agribusinesses, and assist and enable the entrepreneurial development of farming and agricultural endeavors. In furtherance of these purposes, specific conditions are set forth herein for accessory wineries, accessory microbreweries and accessory craft distilleries.
B.
Accessory wineries, accessory microbreweries and accessory craft distilleries, as defined in this chapter, shall be special uses as follows:
(1)
An accessory winery, accessory microbrewery and accessory craft distillery shall be located on the premises of and accessory to an existing farm operation as defined in § 301(11) of the New York State Agriculture and Markets Law and shall be located in an existing Westchester County adopted, New York State certified agricultural district pursuant to § 304 of the New York State Agriculture and Markets Law.
(2)
An accessory use shall be and remain licensed as a farm winery, farm cidery, farm brewery or farm distillery by the New York State Liquor Authority.
(3)
All wine, cider, beer or spirits offered for sale must be produced and processed at the accessory winery, accessory microbrewery or accessory craft distillery from grapes, other fruit, grains and hops, as applicable, of which at least 80% are grown in New York State.
(4)
The accessory use permit-holder may have a retail gift shop on the premises which may sell items accessory to wine, cider, beer or spirits, as applicable to the use, such as corkscrews, wine glasses, decanters, glasses, items for the storage and display of wine, cider, beer or spirits, books on winemaking, brewing or distillation and the region and nonspecific items bearing the logo or insignia of the winery, brewery or distillery.
(5)
The accessory use permit-holder may prepare and serve snacks and food for consumption on the premises, primarily intended to accompany tastings, but shall not serve full meals. Any food preparation or service shall be in compliance with all applicable regulations, including as required by the Westchester County Department of Health.
(6)
The subject lot shall have frontage on and access from a state road.
(7)
There shall be no fewer than 10 off-street parking spaces in addition to those required by this chapter for the farm or business to which the accessory use is attached.
(8)
The special use permit shall be granted for a period of five years and may be renewed for additional five-year periods. An application for, and a renewal of, the special use permit shall be made to the Planning Board. The application shall be accompanied by evidence in form and substance reasonably satisfactory to the Planning Board of the accessory use's New York State Liquor Authority license and its designation as a farm operation pursuant to the New York Agriculture and Markets Law. The Building Inspector shall inspect the premises and report to the Zoning Board of Appeals whether the premises are in compliance with the provisions of this chapter, the New York State Building Code and the provisions of the original special use permit.
(9)
If and to the extent that site plan approval is required to increase parking areas, to enlarge or materially modify subsurface sewage disposal areas pursuant to a specific directive by the Westchester County Department of Health issued to the applicant, if any, or otherwise materially alter the physical site conditions to comply with a specific directive of a competent agency having authority, the Planning Board shall require the submission of an abbreviated site plan, which shall be processed concurrently with the application for a special use permit. In all other situations, site plan approval by the Planning Board shall not be required.
(10)
In addition to the special standards described above, such accessory use shall comply with all other requirements of this chapter.
§ 220-43.7 Gasoline service stations.
[Added 7-8-2019 by L.L. No. 7-2019; amended 8-9-2021 by L.L. No. 7-2021; 4-28-2025 by L.L. No. 6-2025]
Gasoline service stations, as defined in this chapter, shall be prohibited unless legally permitted and in existence as of July 15, 2021. However, any expansion or other enlargement of any legal gasoline service station use as set forth herein shall be subject to the following:
A.
Location. The existing gasoline service station to be modified, expanded or enlarged must be permitted in the RB (Retail Business) and GB (General Business) Districts only in locations fronting on or having direct access to major roads as determined by the Planning Board.
B.
Minimum lot area. The minimum lot area required for the establishment of a gasoline service station shall be one acre.
C.
Setbacks. The minimum setbacks for a gasoline service station use shall be as set forth in the district within which the use is located.
D.
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 220-15 of this chapter, shall be required along all lot lines adjoining other properties, except where determined by the approving agency that a lesser width or no buffer will meet the purpose of this requirement.
E.
Distance from other similar use. A gasoline service station use shall not be permitted within a distance of 200 feet of another existing gasoline service station use. The distance shall be measured in a straight line between the property lines of the subject properties.
F.
Distance from other uses. A gasoline service station use shall not be permitted within a distance of 200 feet of a school, public recreation area or church use. The distance shall be measured in a straight line between the property lines of the subject properties.
G.
Access points. Access points shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of granite or concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.
H.
Pumps and canopies. Pumps, pump islands and canopies are structures and shall not be located in any required yard setbacks. Unless screened from the street, pumps shall be oriented perpendicular to the street. Canopies shall be in mass, scale, roofline configuration and architectural appearance to match site and area buildings without marketing graphics and other signage. Canopy lighting shall be minimized, limited to under canopy lights of pump islands only and fully recessed into the ceiling of the canopy structure. No outdoor display of products not associated with the gasoline service station use shall be permitted.
I.
Discontinuance of use. In the event that a gasoline service station use is abandoned, as determined by the Building Inspector, the owner, lessee and/or motor fuel supplier of said gasoline service station shall immediately remove the tanks, gasoline pumps, all identification signs and lighting poles. In lieu of removing the tanks, the flammable liquids shall be removed therefrom and all tanks filled with water for a three-month period only and thereafter with a solid material, subject to approval of the New York State Department of Environmental Conservation, and any other such approval agencies having jurisdiction. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and onto the property, and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.
§ 220-43.8 Multifamily dwellings in the R-2F-7.5 or R-2F-10 District.
[Added 10-28-2019 by L.L. No. 10-2019; amended 4-28-2025 by L.L. No. 6-2025]
A.
Purpose. The purpose and intent of this section is to permit multifamily dwellings within the R-2F-7.5 and R-2F-10 Districts, up to a maximum of four units, as long as the criteria set forth herein are met.
B.
Multifamily units, as defined in this chapter and as permitted within the R-2F-7.5 and R-2F-10 Districts, shall be permitted as a special use as follows:
(1)
Location. Multifamily dwellings as permitted in this section shall only be permitted within the R-2F-7.5 and R-2F-10 Districts.
(2)
Maximum number of dwelling units. Any such use pursuant to special permit shall contain no more than four dwelling units.
(3)
Setbacks. Any multifamily dwelling shall comply with the setback requirements for the district within which the building is located.
(4)
Off-street parking. A minimum of two off-street parking spaces shall be provided for each dwelling unit, plus one additional off-street parking space for each dwelling unit having two or more bedrooms.
(5)
Minimum lot area. Any multifamily dwelling use shall be located on a lot that is a minimum of 0.60 acre in size.
(6)
Buffer area. A buffer area shall be provided in accordance with the minimum requirements of § 220-15B of this chapter.
(7)
Inspections. Each property for which a special permit has been issued for use as a multifamily dwelling is subject to periodic inspections by the Building Department and Fire Inspector to ensure continued compliance with all applicable codes including the New York State Uniform Fire Prevention and Building Code, the requirements of this section and the provisions of the original special use permit approval. Such inspections shall be conducted at least annually and may be conducted more frequently if the Building Department or Fire Inspector reasonably suspects that more frequent inspections are necessary to ensure the safety of the multifamily dwelling. If any inspection of the property and dwelling by the Building Department or Fire Inspector for the purpose of ensuring compliance with the provisions of this section is refused by the owner, when said inspection occurs at any reasonable time during daylight hours, or if the continuing conditions of the special use permit are violated, the special permit shall be subject to revocation after a hearing by the Planning Board at which the permit holder is provided an opportunity to be heard.
(8)
Density.
(a)
The average gross density shall not exceed one density unit per 0.15 acre of net lot area. The area of any steep slope, as defined in 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 total lot area to yield the net total lot area to be used in calculating the maximum allowable development density.
(b)
The approval authority shall be responsible for determining the number of bedrooms in each dwelling unit.
(9)
Limited to existing buildings. The multifamily use subject to this provision shall only be permitted in existing buildings.
(10)
ACARC referral. Prior to approval, all applications made pursuant to this section shall be referred by the approval authority to the Architectural and Community Appearance Review Council for review and recommendation.
(11)
Other requirements. In addition to the special standards described above, such special use shall comply with all other requirements of this chapter.