One-family dwellings.

Churches and other places of worship.

Public elementary and high schools.

Water supply facilities.

Parochial and private elementary and high schools which meet the same site standards of the State Education Department as a public school.

Nursery schools.

Nonprofit membership clubs.

Public utility substations serving the local area only and where it can be shown that it cannot be located in a nonresidential district.

Playground, park, parkway, library, firehouse, police station or other municipal use, not including incinerators or dumps.

Professional office of a physician, dentist, chiropractor, architect, engineer or similar professional person, when conducted in a dwelling by the inhabitant thereof, with not more than one nonresident employee or associate in any dwelling.

Keeping of not more than two nontransient persons as roomers or boarders in any dwelling, provided that no sign is displayed and no separate cooking facilities shall be maintained in connection with such accessory use.

Private garden house, garage, toolhouse, playhouse, family swimming pool (as permitted by Chapter 106, Fire Prevention and Building Construction), tennis courts, greenhouse or similar private accessory use not used for commercial or public purposes.

Off-street parking in accordance with §§ 240-75 through 240-78.

Parish house, rectory, Sunday-school rooms.

Signs as provided in Chapter 175, Signs.

Tennis courts are permitted when constructed in conformity with the following:

Within an enclosed garage, one commercial vehicle may be stored. Said vehicle may not exceed 220 inches in length nor have a gross vehicle weight in excess of 5,000 pounds. Motor homes, RV's or trailers or boats and their trailers may not be stored in a front yard area or within 10 feet of any structure other than a garage.

Tier 1 solar energy systems subject to Chapter 181, Solar Energy.

Tier 2 solar energy systems subject to Chapter 181, Solar Energy.

In R-30 and R-50 Zoning Districts only, Tier 3 solar energy systems subject to Chapter 181, Solar Energy.

Private recreation facilities, including golf, tennis and/or swimming clubs, along with clubhouses with accessory restaurants and catering facilities, used in conjunction with a recreational facility.

Other uses similar to those listed in the preceding subsection, provided that the Planning Board makes specific findings that the use is in full conformity with the purposes and intent of this zone district and all general and special requirements of the district and that the use has no greater impact upon open space, traffic and drainage than any of the specifically enumerated uses.

Special permit uses.

Special permit requirements.

Wireless telecommunications facilities.

Off-street parking in accordance with §§ 240-75 through 240-78.

Cabanas, lockers, snack bars and/or pro shops.

Maintenance sheds and/or garages.

Signs as provided in Article XIV of the Building Code.[1]

Playing fields and courts for baseball, volleyball, basketball and similar sports.

Playgrounds and picnic areas.

No more than one residence for caretakers and staff of a recreational facility consisting of no more than 10 sleeping rooms or three dwelling units.

Cross-country skiing, sledding, ice skating and similar winter sports; however, winter sports using mechanized or motorized equipment is prohibited.

Child-care facility limited to children of members or guests of the recreational facility and used only while the members or guests are using the recreational facilities.

Tier 1 solar energy systems subject to Chapter 181, Solar Energy.

Tier 2 solar energy systems subject to Chapter 181, Solar Energy.

Tier 3 solar energy systems subject to Chapter 181, Solar Energy.

Tier 4 solar energy systems subject to Chapter 181, Solar Energy.

The Planning Board shall review the design of all site plans of properties located in this district:

There shall be maintained a minimum of 20% of the area of a parcel as a permanent open space. For the purposes of this section, permanent open space shall be an area exclusive of fairways, tees, greens or other areas of active recreational use, which shall be kept undisturbed and in its natural state, including areas designated as wetlands.

The same as § 240-21A above.

Railways, not including switching, storage or freight yards or sidings.

The same as § 240-21A above.

Two-family dwellings.

All principal uses permitted and regulated in § 240-23 above.

Dwellings for more than two families.

Special provisions for mixed-use development shall be permitted only upon application to and approval by the Town Board of a zoning amendment in accordance with the procedures set forth below as well as those set forth in § 240-92 in areas designated on the Zoning Map as B-MUB.

Submission. In addition to any requirements for submission set forth in § 240-92 or other applicable local laws, the application shall include the following:

The approval of an amendment to this chapter to allow special provision for mixed use shall not act as a waiver of the requirements of obtaining a special permit in accordance with the procedures set forth in Subsection G.

Tier 1 solar energy systems subject to Chapter 181, Solar Energy.

Tier 2 solar energy systems subject to Chapter 181, Solar Energy.

Tier 3 solar energy systems subject to Chapter 181, Solar Energy.

(Reserved)

Radio, television and other electronic transmission structures and towers.

Motels and hotels.

Veterinary hospital, boarding and care of small pets.

Undertaking and funeral homes.

Newspaper printing and publishing.

(Reserved)

Nursery use for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories and gardener's masonry and incidental supplies (fruits, vegetables and food not permitted). The land area shall be 60,000 square feet or more if used for nursery business purposes.

Restaurants, as defined in this chapter.

Mixed-use developments, including the following uses, separately or in combination, subject to the standards set forth below in Subsection F:

Area and bulk requirements.

Residential density.

Off-street parking. Off-street parking shall be provided on the site in the following ratio:

Other requirements.

The Town Board shall issue special permits for mixed-use developments in the B-MUB Zone. Articles IX and XIV of Chapter 240 of the Code shall not apply to an application for a special permit made pursuant to this section of the Code.

Application submission; public hearings.

Although the referral of the application for a special permit to the Planning Board for an advisory opinion is not an application for site plan approval and shall not be construed as such, the Planning Board shall treat the referral as if it were an application for site plan approval and apply all of the provisions of Chapter 177 of the Code to the referral, except that the Planning Board shall have the discretion to decide whether or not to conduct a public hearing. Accordingly, before rendering its advisory opinion to the Town Board, the Planning Board shall refer the application for the special permit to the Board of Architectural Review, the Coastal Zone Management Commission, the Traffic Committee, the Town Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department and the State Department of Transportation (if the property for which a special permit is being sought has frontage along a state highway) and all other local, state, county, regional and federal agencies that would have jurisdiction if the referral from the Planning Board were made in connection with a site plan application. Each of the bodies or persons to whom the Planning Board refers the application for a special permit shall review that application as if it were reviewing an application for site plan approval.

All written comments pertaining to the application for a special permit submitted to the Planning Board or to any of the bodies or persons to whom the Planning Board shall have referred such application shall accompany the Planning Board's advisory opinion to the Town Board.

If the Town Board grants a special permit, the person or entity to whom the special permit shall have been issued may apply to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration for a building permit without having to obtain site plan approval pursuant to Chapter 177 of the Code. The conditions contained in the special permit shall be part of any building permit issued for a mixed-use development.

The same as § 240-24A above.

Professional office of a physician, dentist, chiropractor, architect, engineer or similar professional person.

The same as § 240-21C above.

Self-service laundry for use of the residents of an apartment building.

Tier 3 solar energy systems subject to Chapter 181, Solar Energy.

Calculation of required number.

The required FAHs shall be either PFAHUs or RFAHUs or a combination of both.

All FAHs shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

PFAHUs must remain PFAHUs for at least 50 years from the date they are first sold.

RFAHUs must remain RFAHUs for at least 50 years from the date their initial certificates of occupancy are issued.

Notwithstanding § 190-1 of the Code, the Town Board shall be the board with the power to approve or disapprove subdivision plats for any such application that proposes five or more FAHs in either single-family dwellings, two-family dwellings or a combination of both. In doing so, all of the procedures of Chapter 190 of the Code shall be followed; however, in addition, the Town Board shall refer the application to the Planning Board for a written advisory opinion. The Town Board shall not conduct a public hearing on the application until the earlier of the Town Board's receipt of the Planning Board's advisory opinion or the 60th day following the date that the secretary of the Planning Board receives the referral.

Although the referral made hereunder is for an advisory opinion, the Planning Board shall apply all of the provisions of Chapter 190 of the Code to the referral, except that the Planning Board shall have the discretion to decide whether or not to conduct a public hearing. Accordingly, before rendering its advisory opinion to the Town Board, the Planning Board shall refer the application to the Board of Architectural Review, the Coastal Zone Management Commission, the Traffic Committee, the Town Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department and the State Department of Transportation (if the property for which a subdivision approval is being sought has frontage along a state highway) and all other local, state, county, regional and federal agencies that would have jurisdiction if the referral from the Planning Board were made in connection with a subdivision which the Planning Board does have the power to approve or disapprove. Each of the bodies to whom the Planning Board refers the application shall review the application in the same manner as that body reviews applications for subdivisions that the Planning Board has the power to approve or disapprove.

All written comments pertaining to the application submitted to the Planning Board or to any of the bodies or persons to whom the Planning Board shall have referred such application shall accompany the Planning Board's advisory opinion to the Town Board.

Any application for the approval of a subdivision plat that proposes four or fewer FAHs in either single-family dwellings, two-family dwellings or a combination of both shall be approved or disapproved by the Planning Board pursuant to Chapter 190 of the Code.

Notwithstanding § 177-4 of the Code, the Town Board shall be the board with the power to approve or disapprove site plans with respect to any such application that proposes 10 or more FAHs in one or more multifamily buildings. In doing so, all of the procedures of Chapter 177 of the Code shall be followed; however, in addition, the Town Board shall refer the application to the Planning Board for a written advisory opinion. The Town Board shall not conduct a public hearing on the application until the earlier of the Town Board's receipt of the Planning Board's advisory opinion or the 60th day following the date that the secretary of the Planning Board receives the referral.

Although the referral made hereunder is for an advisory opinion, the Planning Board shall apply all of the provisions of Chapter 177 of the Code to the referral, except that the Planning Board shall have the discretion to decide whether or not to conduct a public hearing. Accordingly, before rendering its advisory opinion to the Town Board, the Planning Board shall refer the application to the Board of Architectural Review, the Coastal Zone Management Commission, the Traffic Committee, the Town Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department and the State Department of Transportation (if the property for which a site plan approval is being sought has frontage along a state highway) and all other local, state, county, regional and federal agencies that would have jurisdiction if the referral from the Planning Board were made in connection with a site plan which the Planning Board does have the power to approve or disapprove. Each of the bodies to whom the Planning Board refers the application shall review the application in the same manner as that body reviews applications for site plans that the Planning Board has the power to approve or disapprove.

An application for a site plan shall not be considered as having been received by the Town Board within the meaning of § 274-b(6) of the New York Town Law until the later of the date on which all proceedings pursuant to Article 8 of the New York Environmental Conservation Law have been completed or the earliest date on which the Town Board may conduct a public hearing with respect to the application.

All written comments pertaining to the application submitted to the Planning Board or to any of the bodies or persons to whom the Planning Board shall have referred such application shall accompany the Planning Board's advisory opinion to the Town Board.

Any application for the approval of a site plan that proposes nine or fewer FAHs in one or more multifamily buildings shall be approved or disapproved by the Planning Board pursuant to Chapter 177 of the Code.

It is permissible to construct a single-family FAH on a lot located in the R-50, R-30, R-20 or, R-15 Zoning District that does not meet the minimum lot size for a single-family dwelling in the zoning district where the proposed development is situated so long as the lot has at least 75% of the minimum lot area required for a single-family dwelling in that zoning district. All other bulk and dimensional requirements for such undersized lot shall comply with such requirements for the zoning district in which the lot is located.

If the FAH is a single-family dwelling or part of a two-family dwelling located in the R-2F, R-GA, R-A, R-TA or B-MUB Zoning District, it must meet the bulk and dimensional requirements for a single-family dwelling in the R-6 Zoning District.

As much as possible, all FAHs shall be indistinguishable in appearance, where it is sited, and exterior design from the other freestanding dwellings in the development. Interior finishes and furnishings may be reduced in quality and cost to assist in lowering the cost of developing FAHs.

FAHs shall be physically integrated into the design of multifamily structures and shall be distributed among various sizes in the same proportion as all other units in the development. The exterior appearance of the FAHs shall be indistinguishable from the other units within the development. Interior finishes and furnishings may be reduced in quality and cost to assist in lowering the cost of developing FAHs.

The minimum gross floor area for each FAH may be between 80% and 100% of the average floor area of the housing units in the development which are not FAHs but not less than the following:

For the purposes of § 240-28I, no more than 1/3 of the square footage of paved terraces or balconies may be counted toward minimum gross floor area.

During the period that a dwelling unit must be a PFAHU, it shall be sold and resold only to natural persons and shall not be sold to anyone who is a member of a household that has an annual income greater than 80% of the AMI.

During the period that a dwelling unit must be an RFAHU, it shall only be rented and rerented to natural persons and shall not be rented to anyone who is a member of a household that has an annual income greater than 60% of the AMI.

Solicitation for the sale or the rental of FAHs shall be done in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and ethnically diverse households.

During the period that a dwelling unit must be a PFAHU, the price at which it may be sold after the initial sale shall not exceed the sum of:

Notwithstanding the foregoing, the resale price shall not exceed an amount that would make the annual cost of ownership, including common charges, mortgage payments, taxes and insurance, exceed 33% of 80% of the AMI, adjusted for the size of the family at the time of the resale.

Preapplication meeting. An applicant for a development of FAHs ("applicant") shall be entitled to attend at least one preapplication meeting at which representatives from each municipal agency, board, commission and staff expected to play a role in the review and approval of the development, application and construction will attend. The purpose of the preapplication meeting will be to expedite the development application review process through the early identification of Issues, concerns, code compliance and coordination matters that may arise during the review and approval process.

Meeting schedule and timeline. The Town's departments, agencies, authorities, boards, commissions, councils, committees and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established at the preapplication to the extent possible during the review and approval process, provided that the applicant demonstrates cooperation and adheres to the schedule and conceptual timeline. Should the approval process extend beyond one year, an applicant shall be entitled to at least one additional meeting per year with the same departments, agencies, authorities, boards, commissions, councils or committees to review any and all items discussed at previous preapplication meetings.