Town of New Castle, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Except where specifically defined herein, all words shall carry their customary meanings. Except where the context otherwise requires, all words used in the present tense shall include the future tense; all words in the singular number shall include the plural number and vice versa; the word "person" shall include corporations and all other legal entities; the word "premises" shall include land and structures thereon; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be occupied or used." The word "shall" is always mandatory. Unless otherwise specified, all distances shall be measured horizontally. The word "Town" means the Town of New Castle; the term "Town Board" means the Town Board of said Town; the term "Town Clerk" means the Town Clerk of said Town; the term "Building Inspector" means the Building Inspector of said Town; the term "Board of Appeals" means the Zoning Board of Appeals of said Town; the term "Planning Board" means the Planning Board of said Town; the term "Town Plan" means the plan adopted by the Town Planning Board pursuant to § 272-a of the Town Law.
Whenever used in this chapter, the following terms shall have the respective meanings hereinafter set forth unless the context otherwise requires:
ACCESSORY APARTMENT
A dwelling unit which is incidental and subordinate to a permitted principal one-family residence use, is located on the same lot therewith, and, if it is located in an accessory building, is incidental and subordinate to the permitted use of that accessory building.
[Added 10-29-1979 by L.L. No. 16-1979; amended 10-8-2002 by L.L. No. 10-2002]
ACCESSORY OR ANTENNA EQUIPMENT
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 collocated on a structure, which is mounted or installed at the same time as an antenna.
[Added 7-16-2019 by L.L. No. 10-2019]
A. 
In the case of a for-purchase housing unit, one that is:
(1) 
Affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the United States Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI) does not exceed 33% of 80% AMI, adjusted for family size; and
(2) 
Marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan adopted under the settlement of United States ex rel. Anti-Discrimination Center of Metro New York v. Westchester County, U.S.D.C., S.D.N.Y., Case No. 06 Civ 2860 (DLC).
B. 
In the case of a rental unit, one that is:
(1) 
Affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI adjusted for family size; and
(2) 
Marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan adopted under the settlement of United States ex rel. Anti-Discrimination Center of Metro New York v. Westchester County, U.S.D.C., S.D.N.Y., Case No. 06 Civ 2860 (DLC).
ALTER
To move a structure from one location to another on the same lot, or to change, rearrange or enlarge the structure or to make any change in the supporting members of a structure, including but not limited to bearing walls, retaining walls, columns, beams or girders.
AMUSEMENT CENTER
A business establishment containing four or more amusement devices.
[Added 3-23-1982 by L.L. No. 4-1982]
AMUSEMENT DEVICE
A machine that is controlled and operated by the insertion of a coin or token and intended for the amusement or recreation of a patron, including but not limited to baseball and football games, pinball games, video games and other similar games.
[Added 3-23-1982 by L.L. No. 4-1982]
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.
[Added 7-16-2019 by L.L. No. 10-2019]
APARTMENT
A dwelling unit, other than an accessory apartment, that is located in a multifamily dwelling or in a building that is partially nonresidential in use.
[Added 4-11-1990 by L.L. No. 21-1990; amended 6-14-1990 by L.L. No. 27-1990]
APARTMENT LIMITED IN OCCUPANCY TO LOW/MODERATE INCOME FAMILIES
A dwelling unit for which the maximum monthly rent does not exceed 1.75% (excluding utilities) or the maximum gross sales price does not exceed 200% of the maximum aggregate annual family income for a low/moderate-income family, as defined herein, based upon the maximum family size set forth in the table below:
[Added 10-29-1979 by L.L. No. 16-1979]
Size of Dwelling Unit
Maximum Number of Occupants
Efficiency
1
1-bedroom
2
2-bedroom
4
3-bedroom
6
4-bedroom
8
AREA, BUILDING
The total area of a lot covered by all buildings thereon, both principal and accessory, measured by the exterior dimensions of such buildings as viewed from above, but not including uncovered steps, courts, decks and terraces.
[Amended 5-23-1995 by L.L. No. 6-1995][1]
AREAS OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 - A99, V, VO, VE or V1 - V30 as part of the Flood Insurance Study. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
[Added 8-14-1979 by L.L. No. 11-1979; amended 9-13-1988 by L.L. No. 14-1988]
ATHLETIC TRAINING CENTER
A business enterprise whose principal function is the formal training of athletes for the purpose of sports competition. The term "athletic training center" shall not include a private club, swimming, tennis or racquet club or health and fitness center.
[Added 7-12-1988 by L.L. No. 10-1988; amended 7-24-1990 by L.L. No. 30-1990]
ATTIC
The unfinished space between the ceiling joists of the top story and the roof rafters.
[Added 11-22-2011 by L.L. No. 15-2011]
BAR
A business enterprise, or that portion thereof, engaged in the retail sale of beverages for consumption on the premises, with food sold and served as a secondary function.
[Added 4-12-1977 by L.L. No. 3-1977][2]
BASEMENT
That portion of a building that is partly or completely below grade plane. (See "story above grade plane."). A basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:
[Amended 11-22-2011 by L.L. No. 15-2011]
A. 
More than six feet above grade plane;
B. 
More than six feet above the finished ground level for more than 50% of the total building perimeter; or
C. 
More than 12 feet above the finished ground level at any point. The word "basement" includes the word "cellar."
BASE STATION
A structure or equipment at a fixed location that enables Commission-licensed or -authorized wireless communications between user equipment and a communications network.
[Added 7-16-2019 by L.L. No. 10-2019]
A. 
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.
B. 
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and microcell networks).
C. 
The term includes any structure that supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
D. 
The term does not include any structure that, at the time the relevant application is filed with the Town under this section, does not support or house equipment described in Subsections A and B of this definition.
BUILDING
Any structure having a roof supported by columns or similar supports or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING, ACCESSORY
A building, including but not limited to a private garage, garden house, toolhouse, garden shed, playhouse, tree house, noncommercial greenhouse, cabana, pool equipment house, gazebo or private stable, that is subordinate to the principal building on the lot and is used for purposes customarily incidental to that of said principal building.
[Amended 5-23-1995 by L.L. No. 6-1995]
BUILDING COVERAGE
That percentage of the lot area covered by the combined areas of all buildings on the lot, plus the areas of all decks and porches, as viewed from above, excluding those located wholly underground.
[Amended 10-29-1979 by L.L. No. 16-1979; 5-23-1995 by L.L. No. 6-1995]
A. 
For buildings in the R-2A, R-1A, R-1/2A and R-1/4A Districts, building height is the following:
(1) 
For a building with a flat roof, the average vertical distance measured from the proposed final grade, or the existing grade if that is lower, along the perimeter of the building to the level of the highest point of the roof beams; or
(2) 
For a building with a pitched roof, the average vertical distance measured from the proposed final grade, or the existing grade if that is lower, along the perimeter of the building to the level of the point midway between the peak and the plate of the highest section of the roof.
B. 
For buildings in all other districts, building height is the following:
(1) 
For a building with a flat roof, the average vertical distance measured from the finished grade adjacent to the exterior walls of the building to the level of the highest point of the roof; or
(2) 
For a building with a roof of any other type, the average vertical distance measured from the finished grade adjacent to the exterior walls of the building to the mean level between the eaves and the highest point of the roof.
C. 
Notwithstanding the aforementioned provisions, for purposes of determining yard requirements in the MFPD, MFR-M and MFR-C Districts, "height of the building" shall be measured as set forth in Note 4 of § 60-410A of this chapter.
BUILDING LENGTH
The horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of the longest side or greatest length, and including any attached carports, garages and porches.
BUILDING OR STRUCTURE, TEMPORARY
A building or structure intended to exist on a lot for a brief or temporary duration of time, not exceeding nine months. All other buildings or structures shall be deemed permanent.
BUILDING, PRINCIPAL
A building in which is or can be conducted the principal use of the lot on which said building is situated.
CABARET
A bar or restaurant, or that portion thereof, which provides entertainment and/or dancing.
[Added 4-12-1977 by L.L. No. 3-1977]
CHILDREN'S OUTDOOR RECREATIONAL APPARATUS
Any children's apparatus used for outdoor recreational use which is incidental to a permitted residential use. A children's outdoor recreational apparatus shall include, but not be limited to, a swing set, sand box and jungle gym or similar climbing apparatus. A children's outdoor recreational apparatus shall not include a playhouse, tree house or similar accessory building, a skateboard ramp or roller blade ramp or similar recreational apparatus or a sport court or other outdoor recreational facility used for the playing of basketball and racket sports such as, but not limited to, tennis and platform if tennis, but excluding a basketball hoop which is erected on a driveway.
[Added 10-12-1999 by L.L. No. 18-1999]
CLUB
A voluntary organization, not conducted for gain, with facilities catering principally to members and their guests for recreational, athletic or social purposes.
COLLOCATION
Consistent with the Nationwide Programmatic Agreement (NPA) for the collocation of wireless antennas:
[Added 4-27-1999 by L.L. No. 6-1999; amended 7-16-2019 by L.L. No. 10-2019]
A. 
Mounting or installing an antenna facility on a preexisting structure; and/or
B. 
Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
CONCEALMENT ELEMENT
Any design feature, including but not limited to painting, landscaping, shielding requirements and restrictions on location, proportions, or physical dimensions in relation to the surrounding area or supporting structures that are intended to and do make a wireless telecommunications facility or any supporting structure supporting it substantially less visible to the casual observer.
[Added 7-16-2019 by L.L. No. 10-2019]
COURT
An open, uncovered and unoccupied space bounded on two or more sides by the walls of a principal building. An inner court is a court entirely within the walls of a building. All other courts are outer courts.
COURT DEPTH
The dimension of a court at right angles to its width.
COURT HEIGHT
The distance from the lowest level the court is required to serve to the top of the highest wall which bounds it.
DECK
An unroofed, unenclosed structure, whether attached to and projecting out from the wall or walls of a building or freestanding, the top of which is located more than 12 inches above grade level. The term "deck" shall include the term "balcony" for the purpose of this chapter.
[Added 5-23-1995 by L.L. No. 6-1995]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, clearing, grading, paving, excavation or drilling operations.
[Added 7-19-1977 by L.L. No. 13-1977]
DEVELOPMENT COVERAGE
That percentage of the lot area covered by the combined areas of all buildings and structures on the lot, excluding those located wholly underground.
[Added 5-23-1995 by L.L. No. 6-1995]
DISH ANTENNA
A device, also known as a "satellite earth station," which normally contains three main components, including an antenna in the form of a dish, a low-noise amplifier and a receiver, and whose purpose is to receive communication or other signals from orbiting satellites or other extraterrestrial sources. Dish antenna shall not include any other type of antenna referred to in this chapter.
[Added 5-8-1984 by L.L. No. 4-1984]
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna sites connected to a common source that provides wireless communications services within a geographic area or structure.
[Added 7-16-2019 by L.L. No. 10-2019]
DRIVEWAY
A privately owned traveled way that provides a vehicular connection between a street and the off-street parking area required for the use(s) on a lot.
[Added 2-9-1993 by L.L. No. 5-1993]
DWELLING
A building or portion thereof used as nontransient living quarters for a family. The term shall not include an automobile court, boardinghouse, commune, convent, dormitory, fraternity, guest house, hotel, lodging house, mobile home, monastery, motel, rooming house, seminary, sorority, tent, tourist home or trailer.
[Amended 1-10-1989 by L.L. No. 1-1989]
DWELLING, MULTIFAMILY (MULTIFAMILY HOUSING)
A dwelling containing two or more dwelling units, other than an accessory apartment, or that portion of a building, partially nonresidential in use, containing two or more dwelling units.
[Amended 4-11-1990 by L.L. No. 21-1990]
DWELLING, ONE-FAMILY
A dwelling containing one dwelling unit only.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
DWELLING UNIT, ATTACHED
A dwelling unit having a common wall with one or more other dwelling units, with at least one story of such common wall located above the finished grade adjacent to such wall.
[Added 3-27-1984 by L.L. No. 2-1984;[3] amended 4-11-1990 by L.L. No. 21-1990]
DWELLING UNIT, DETACHED
A dwelling unit having no common wall with any other dwelling unit.
[Added 3-27-1984 by L.L. No. 2-1984[4]]
ELIGIBLE FACILITIES REQUEST
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:
[Added 7-16-2019 by L.L. No. 10-2019]
A. 
Collocation of new transmission equipment;
B. 
Removal of transmission equipment; or
C. 
Replacement of transmission equipment.
A. 
One person or householder, plus one or more persons related to the householder or to the householder's spouse by blood, marriage, legal adoption or guardianship, along with live-in servants, living together and sharing meals in a domestic relationship as a single, not-for-profit housekeeping unit in a dwelling containing kitchen facilities;
B. 
A group of persons headed by a householder taking care of or responsible for the care of a reasonable number of dependent individuals in a domestic relationship that in theory, size, appearance and structure are the functional and factual equivalent of a traditional family of related persons living together and sharing meals as a single, not-for-profit housekeeping unit in a dwelling containing kitchen facilities; or
C. 
A maximum of three persons, not all of whom share a relationship as described in Subsections A and B.[5]
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management Agency, containing flood profiles as well as the Flood Boundary and Floodway Map and the water surface elevations of the base flood.
[Added 8-14-1979 by L.L. No. 11-1979; amended 9-13-1988 by L.L. No. 14-1988]
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
[Added 7-19-1977 by L.L. No. 13-1977; amended 9-13-1988 by L.L. No. 14-1988]
A. 
The overflow of inland or tidal waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN OR FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source. (See definition of "flood.")[6]
[Added 7-19-1977 by L.L. No. 13-1977]
FLOOR AREA
The sum of the gross horizontal areas of the several floors of the building measured to the exterior of the outside walls of such building, but not to include attached or built-in garages, parking structures, mechanical equipment rooms, decks, porches, courts or terraces or rooms whose floors are entirely below grade. On the first floor above grade, it shall include only finished floor area having a clear headroom of 71/2 feet or over and stairwells; on the upper floors, it shall include all finished or unfinished floor area having a clear headroom of 71/2 feet or over in rooms having a minimum horizontal measurement in all directions of nine feet, with side walls not less than 51/2 feet in height.[7]
[Amended 6-22-1983 by L.L. No. 5-1983; 5-23-1995 by L.L. No. 6-1995]
FREESTANDING WIRELESS TELECOMMUNICATION SERVICES FACILITY
A monopole or tower.
[Added 4-8-1997 by L.L. No. 7-1997]
FRONTAGE
The extent of a lot along a street.
[Amended 10-9-1990 by L.L. No. 36-1990]
GARAGE, PRIVATE
A garage or garage facility accessory to a residential building on the same lot, used primarily for storage of private motor vehicles and of vehicles used in the maintenance of the premises, and not used for the storage of commercial vehicles or vehicles available for hire, rental or sale, nor for the servicing or repair of vehicles.
GARAGE, PUBLIC
A garage, other than a private garage, which is used principally for the storage, rental, servicing and/or repair of motor vehicles.
GASOLINE FILLING STATION
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuels or motor vehicle accessories, and which may include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including bodywork, major repair or painting thereof by any means.
GRADE PLANE
A reference plane representing the average of finished ground level or existing ground level, whichever is lower, adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
[Added 11-22-2011 by L.L. No. 15-2011]
HABITABLE FLOOR
Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes shall not be considered a habitable floor.
[Added 7-19-1977 by L.L. No. 13-1977]
HANDICAPPED PERSON
A person who is physically handicapped, as certified by a licensed physician, in one of the following ways:
[Added 10-29-1979 by L.L. No. 16-1979]
A. 
Impairment requiring confinement to a wheelchair.
B. 
Impairment causing difficulty or insecurity in walking or climbing stairs or requiring the use of braces, crutches or other artificial supports; or impairment caused by amputation, arthritis, spastic condition or pulmonary, cardiac or other ills rendering the individual semiambulatory.
C. 
Total or partial impairment of hearing or sight causing insecurity or likelihood of exposure to danger in public places.
D. 
Impairment due to conditions of aging and incoordination.
HEIGHT (FENCE OR WALL)
The vertical distance between the natural existing grade of the property at the base of the fence or wall prior to regrading and the highest horizontal component of the fence or sloped component, in the case of an increase or decrease in grade, shall be a line parallel to the existing grade establishing maximum height. In the case of picket fences, wrought-iron fences with decorative elements, fences made of vertical boards with rounded ends or other structures of similar design, the top of the fence shall be a line parallel to the top of the highest point of such decorative element. In the case of a fence located on a freestanding wall, berm or similar structure, the total combined height of the fence cannot exceed the maximum permissible height In the case of a fence located on a retaining wall or similar structure the fence cannot exceed the maximum permissible height measured from the highest grade adjacent to the retaining wall or similar structure.
[Added 7-30-2019 by L.L. No. 11-2019]
HOME OCCUPATION, CUSTOMARY
An accessory use of a service character customarily conducted entirely within a dwelling by the residents thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such accessory use other than a permitted nameplate, does not involve, except as otherwise permitted in residence districts, the parking, storage or standing of any commercial vehicles or construction equipment or the outdoor storage of materials, and which does not involve the keeping of a stock-in-trade or the use of any chemical, mechanical or electrical equipment which is not a customary household appliance or light office equipment. The conducting of a clinic, hospital, barbershop, beauty parlor, photographer's salon, tearoom, tourist home, animal hospital, boarding or breeding kennel, convalescent home, funeral home, stores of any kind or any similar use shall not be a customary home occupation. A real estate agent or broker shall be deemed to be a customary home occupation. Any other business shall be deemed not to be a customary home occupation.
[Amended 8-22-1978 by L.L. No. 5-1978]
HOSPITAL, ANIMAL
A building for the medical and/or surgical care of sick or injured animals.
HOUSEHOLDER
An individual who resides in a dwelling unit and who either owns or rents such unit or is an employee of an agency or entity which owns or rents such unit.
[Added 1-10-1989 by L.L. No. 1-1989]
LOADING SPACE
Any off-street space available for the loading or unloading of goods. Loading shall include unloading.
LOT
A parcel of land under separate ownership, not divided by streets.
LOT AREA
The total area included within the boundaries of the lot.
LOT, CORNER
A lot located at the junction of and fronting on two or more intersecting streets.
[Amended 10-9-1990 by L.L. No. 3-1990]
LOT DEPTH
The distance between the midpoints of straight lines connecting the foremost points of the side lot lines to each other in front and the rearmost points of the side lot lines to each other in the rear. Except as permitted below, such distance shall be defined by a continuous unbroken straight line measured and lying wholly within the boundaries of the lot. If the area of a lot exceeds the minimum requirement for the district in which it is located and the lot has a configuration that causes the lot depth measurement line to fall outside the lot in the rear, that portion of the lot area which exceeds the minimum requirement may be excluded for purposes of identifying the pertinent midpoints, provided that the adjusted lot depth measurement line remains a continuous unbroken straight line beginning at the front lot line of the lot.
[Amended 10-9-1990 by L.L. No. 3-1990]
LOT, DOUBLE-FRONTAGE
A lot fronting on two or more streets, other than a corner lot.
[Added 2-11-1985 by L.L. No. 3-1985]
LOT LINE, FRONT
In the case of a lot abutting upon only one street, from which the lot derives access, the line separating the lot from the street and any line at any angle of 45° or less to the street and located between the street and a principal building contained thereon if such line is directly in front of said building; or, in the case of a lot abutting upon more than one street, the line separating the lot from the street and generally opposite and closest to the longest side of the principal building contained thereon. In the case of a lot deriving access to a street by way of an easement (pursuant to Town Board or Zoning Board of Appeals action in accordance with § 280-a of the Town Law or pursuant to Town Board authorization in accordance with § 281 of the Town Law or pursuant to Planning Board subdivision approval), the lot line which is generally parallel to and nearest the street from which the lot derives access shall be deemed the front lot line. A "front lot line" may be an irregular line consisting of two or more shorter lines, the majority of which shall have approximately the same bearing and form a basically continuous border of a lot,
[Amended 2-11-1985 by L.L. No. 3-1985; 10-9-1990 by L.L. No. 36-1990]
LOT LINE, REAR
The lot line (or lines) which is (are) generally opposite the front lot line. If the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line. A "rear lot line" may be an irregular line consisting of two or more shorter lines, the majority of which shall have approximately the same bearing and form a basically continuous border of a lot. All lots shall contain a rear lot line.
[Amended 2-11-1985 by L.L. No. 3-1985; 10-9-1990 by L.L. No. 36-1990]
LOT LINES
The lines bounding a lot.
LOT LINE, SIDE
The property line(s) extending from the front lot line to the rear lot line or the property line(s) generally perpendicular to the front lot line where there are multiple front lot lines or rear lot lines.
[Amended 2-11-1985 by L.L. No. 3-1985; 10-9-1990 by L.L. No. 36-1990]
LOT WIDTH
The distance between straight lines connecting front and rear lot lines at each side of a lot, measured across the required minimum front yard setback line. Such distance shall be defined by a continuous unbroken straight line measured wholly within the boundaries of the lot. If the area of a lot exceeds the minimum requirement for the district in which it is located and the lot has a configuration that causes the lot width measurement line to be shorter in length than the distance between the side lot lines at its point of measurement, that portion of the lot area which exceeds the minimum requirement may be excluded for purposes of identifying the straight lines specified above, provided that the adjusted lot width measurement line remains a continuous unbroken straight line measured wholly within the boundaries of the lot.
[Amended 10-9-1990 by L.L. No. 36-1990]
LOW/MODERATE INCOME FAMILY
A family whose aggregate income, including the total of all current annual income of all family members from any source whatsoever at the time of application but excluding the earnings of working minors (under 21 years of age) attending school full-time, does not exceed the following multiple of $17,000, which base amount shall be revised, effective every January 31, to conform to the past year's change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Urban Wage Earners and Clerical Workers, New York, Northeastern Region:
[Added 10-29-1979 by L.L. No. 16-1979]
A. 
One-person family: 0.7.
B. 
Two-person family: 0.9.
C. 
Three-person family: 1.0.
D. 
Four-person family: 1.1.
E. 
Five-or-more-person family: 1.2.
MARIJUANA
Shall have the same definition ascribed to "marihuana" in § 3302 of the New York Public Health Law.
[Added 5-28-2019 by L.L. No. 5-2019]
MARIJUANA PRODUCT
Marijuana, concentrated cannabis, and marijuana-infused products containing concentrated marijuana or cannabis and other ingredients. Marijuana products shall include cannabidiol (CBD) oil products derived from marijuana, but shall not include cannabidiol (CBD) oil products derived from hemp.
[Added 5-28-2019 by L.L. No. 5-2019]
MARIJUANA RETAIL STORE
A building, structure or premises engaged in the sale, use or distribution of marijuana and/or marijuana products for nonmedical use. A building, structure or premises shall be considered a marijuana retail store regardless of whether products in addition to marijuana products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of marijuana or marijuana products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.
[Added 5-28-2019 by L.L. No. 5-2019]
MARIJUANA-INFUSED PRODUCTS
Products that contain marijuana, or concentrated cannabis and are intended for human use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
[Added 5-28-2019 by L.L. No. 5-2019]
MEDICAL MARIJUANA
Shall have the same definition ascribed to "medical marihuana" in § 3360 of the New York Public Health Law.
[Added 5-28-2019 by L.L. No. 5-2019]
MEDICAL MARIJUANA DISPENSARY
A building, structure or premises authorized by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.
[Added 5-28-2019 by L.L. No. 5-2019]
MICROCELL FACILITY
Microcells are low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. A microcell facility meets both the following qualifications: each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and all other wireless equipment associated with the facility is cumulatively no more than 17 cubic feet in volume.
[Added 7-16-2019 by L.L. No. 10-2019]
MOBILE HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes but is not limited to the definition of "mobile home" as set forth in regulations governing the Mobile Home Safety and Construction Standards Program [24 CFR 3282.7(a)].
[Added 7-19-1977 by L.L. No. 13-1977]
MODEL ORDINANCE PROVISIONS AFFORDABLE AFFH UNIT
An affordable affirmatively furthering fair housing (AFFH) unit that meets the affordable AFFH model ordinance regulatory provisions set forth in § 60-220.
[Added 8-9-2011 by L.L. No. 10-2011]
MODIFICATION OF WIRELESS TELECOMMUNICATIONS FACILITY
The improvement, upgrade or expansion of existing wireless communications facilities, or the improvement, upgrade or expansion of the wireless communications facility located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless communications facilities.
[Added 7-16-2019 by L.L. No. 10-2019]
MONOPOLE
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.
[Added 4-8-1997 by L.L. No. 7-1997; amended 7-16-2019 by L.L. No. 10-2019]
MULTIFAMILY DESIGNED RESIDENTIAL DEVELOPMENT (MFDRD)
A multifamily development approved by the Planning Board pursuant to the requirements of § 60-430O(9) hereof.
[Added 10-29-1979 by L.L. No. 16-1979; amended 4-11-1990 by L.L. No. 21-1990]
MULTIFAMILY DEVELOPMENT
A grouping of residential dwelling units, at least 75% of which are in multifamily dwellings, as well as related accessory uses and site improvements that are planned and constructed as a unified project.
[Added 4-11-1990 by L.L. No. 21-1990; amended 6-14-1990 by L.L. No. 27-1990]
NIER
Nonionizing electromagnetic radiation.
[Added 4-8-1997 by L.L. No. 7-1997]
NONCONFORMING USE, LEGAL
A use of a structure or of land that does not conform to the regulations as to use in the district in which it is situated, which use existed and was not prohibited by the zoning regulations at time the use was established.
NONCONFORMITY OTHER THAN USE, LEGAL
A structure or building which was constructed prior to the effective date of this chapter and which does not comply with the dimensional regulations of said chapter.
[Amended 6-27-1989 by L.L. No. 12-1989]
NONRESIDENTIAL DEVELOPMENT IDENTIFICATION SIGN
A sign identifying the name of a nonresidential use regulated under the provisions of § 60-430 of this chapter and/or the name of any legally nonconforming use.
[Added 10-14-1997 by L.L. No. 18-1997]
NONRESIDENTIAL DEVELOPMENT TEMPORARY EVENT SIGN
A sign announcing a special event sponsored by a nonresidential use regulated under the provisions of § 60-430 of this chapter, provided that such sign is displayed on the property of the nonresidential use sponsoring such event, is displayed for a period not to exceed 30 days, and is removed from the premises not later than five days following the end of such event. A nonresidential development temporary event sign shall not include a nonresidential development identification sign.
[Added 10-14-1997 by L.L. No. 18-1997]
NON-SMALL WIRELESS FACILITY
Any wireless telecommunications facility that is not a small wireless facility.
[Added 7-16-2019 by L.L. No. 10-2019]
NURSERY, DAY
A place, building or structure used during daylight hours for the care or instruction of two or more nonresident children under six years of age and operated on a regular basis.
NURSERY, PLANT
Any place used as a garden for the open cultivation and growing of trees, shrubs and other plants for sale, including the replanting of said plants grown at places other than the nursery, as permitted by the Board of Appeals.
NURSING HOME
A proprietary or nonproprietary facility, licensed and regulated by the State of New York for the accommodation of two or more persons, not related by blood or marriage, who are aged, convalescents or other persons not acutely ill and not in need of hospital care and related medical services, which persons are boarded and/or housed for remuneration, and in which facility such nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to provide such care or services in accordance with the laws of the State of New York, but not including hospitals or the keeping of patients suffering from any contagious disease, tuberculosis, mental illness, acute alcoholism or drug addiction.
PARKING AREA
An off-street area containing three or more parking spaces, with passageways and driveways appurtenant to such spaces and giving access thereto, and having direct usable access to a street, but not requiring the backing of a vehicle across a sidewalk or into the street.
PARKING/LOADING/CIRCULATION/SETBACK AREA
An off-street area containing parking spaces and/or loading spaces, including walkways and driveways giving access thereto as well as the area of any required front yard setback.
[Added 6-26-1984 by L.L. No. 7-1984, readopted 7-31-1984; amended 9-22-1987 by L.L. No. 12-1987]
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having the dimensions specified in § 60-420F(3)(b) of this chapter.
[Amended 12-9-1986 by L.L. No. 22-1986]
PERSON
Any individual or group of individuals, corporation, partnership, association or any other entity, including state and local governments and agencies.
[Added 7-19-1977 by L.L. No. 13-1977]
PERSONAL SERVICE
The repair, care of, cleaning, maintenance or customizing of personal property and rendering of services for such property and persons, including but not limited to barber shops; beauty shops; nail salons; pet grooming establishments; laundering, cleaning and other garment servicing establishments; tailors; dressmaking shops; shoe cleaning or repair shops; eyeglass shops; and other similar places of business, but not including medical offices.
[Added 12-18-2014 by L.L. No. 2-2015]
PORCH
A roofed structure attached to and projecting out from the wall or walls of a building and which may be open to the weather.
[Amended 5-23-1995 by L.L. No. 6-1995]
PROFESSIONAL OFFICE
The office of a person engaged in an occupation in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of an art founded on such knowledge.
[Added 8-22-1978 by L.L. No. 5-1978]
PUBLIC UTILITY
Persons, firms or corporations supplying gas, electricity, water, power, transportation, telephone or cable television service to the general public, including wireless telecommunication services which are regulated separately under this chapter.
[Added 4-8-1997 by L.L. No. 7-1997]
REPLACEMENT OF WIRELESS TELECOMMUNICATIONS FACILITY
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.
[Added 7-16-2019 by L.L. No. 10-2019]
RESIDENTIAL DEVELOPMENT
A group of residential building lots as well as related accessory uses and site improvements that are approved in whole or in part as part of or pursuant to a single application and that are planned and constructed as a single project or a multifamily development that is approved in whole or in part as part of or pursuant to a single application.
[Added 8-9-2011 by L.L. No. 10-2011]
RESIDENTIAL DEVELOPMENT IDENTIFICATION SIGN
A sign identifying the name of a residential subdivision or the name of a multifamily development.
[Added 10-14-1997 by L.L. No. 18-1997]
RESIDENTIAL SIGN
Any sign located on a lot zoned for residential purposes that contains no commercial message except advertising for goods and services legally offered on the premises on which such sign is located, if offering such goods and services at such location conforms with all the requirements of this chapter. A residential sign shall not include a residential development identification sign, a nonresidential development identification sign or a nonresidential development special event sign.
[Added 10-14-1997 by L.L. No. 18-1997]
RESTAURANT
A business enterprise, or that portion thereof, engaged in the preparation and retail sale of food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises. The term "restaurant" does not include a bar, cabaret, carry-out restaurant or fast-food restaurant.
[Added 4-12-1977 by L.L. No. 3-1977; amended 12-17-1984 by L.L. No. 12-1984]
RESTAURANT, CARRY-OUT
A business enterprise primarily engaged in the retail sale of food or beverage products for consumption off the premises, but which also includes the incidental sale of ready-to-consume food and beverages from a counter-type installation for consumption on the premises where patrons usually select their orders from a posted menu and service and cleanup is generally performed by the customer, provided that the area devoted to customer seating represents less than 25% of the gross floor area of the establishment and complies with the area requirements of the New York State Uniform Fire Prevention and Building Code, whichever is less. The term "carry-out restaurant" shall not include bakeries, delicatessens, grocery stores or other food sales establishments not providing customer seating on the premises.
[Added 12-17-1984 by L.L. No. 12-1984]
RESTAURANT, FAST-FOOD
A business enterprise primarily engaged in the retail sale of ready-to-consume food and beverages served in disposable containers and selected by patrons from a limited number of specialized items, such as but not limited to hamburgers, chicken, fish and chips, pizza, tacos and hot dogs, which are prepared according to standardized procedures for consumption either on or off the premises in a facility where a substantial portion of the sales to the public is by drive-in or stand-up service. The term "fast-food restaurant" shall not include a carry-out restaurant.
[Added 4-12-1977 by L.L. No. 3-1977; amended 12-17-1984 by L.L. No. 12-1984]
RIDING ACADEMY
Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.[8]
ROOF, FLAT
A roof with a rise of not more than 1/2 inch per foot.
[Added 5-23-1995 by L.L. No. 6-1995]
ROOF, PITCHED
A roof with a rise of not more than 18 inches per foot. Any roof with a rise exceeding 18 inches per foot shall be considered a wall.
[Added 5-23-1995 by L.L. No. 6-1995]
ROOMING HOUSE
A building or portion thereof containing one or more rooms, with or without private bathroom facilities but without individual kitchen facilities, where lodging or lodging and meals is or are provided for compensation directly or indirectly. The term "rooming house" shall include the terms "boardinghouse," "guest house," "lodging house" and "tourist house" for the purpose of this chapter. A one-family dwelling in which not more than one room is rented to a roomer or boarder as permitted in § 60-410A of this chapter shall not be considered a rooming house.
[Added 1-10-1989 by L.L. No. 1-1989; amended 6-25-1991 by L.L. No. 13-1991]
SCHOOL, PRIVATE
A kindergarten, primary or secondary school furnishing a comprehensive curriculum of academic instruction.
SCHOOL, PUBLIC
An educational institution operated by a public school district, or combined districts, under the laws of the State of New York.
SENIOR CITIZEN APARTMENT
A dwelling unit which is designated for and specifically limited in its occupancy to persons aged 55 or older, but not excluding spouses under 55, children and grandchildren over the age of 19 and adults under 55 if their presence is essential for the physical care or economic support of eligible older persons.
[Added 10-29-1979 by L.L. No. 16-1979]
SETBACK
The horizontal distance between a particular lot line and the part of a building or structure that is nearest to such lot line.
[Added 5-23-1995 by L.L. No. 6-1995]
SIDEWALK SIGN
Any freestanding sign that has a base, the entire bottom of which is in contact with or not higher than six inches above the ground, which is to be placed on the sidewalk, is independent from any building or other structure, and is not permanently attached to the sidewalk.
[Added 7-13-2004 by L.L. No. 6-2004]
SIGN
Any structure or part thereof or any device attached thereto or painted thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, light, device, trademark or other representation used as an announcement, designation, direction, display or advertisement of any person, firm, group, organization, commodity, service, profession or enterprise when placed in such a manner that it is in view of the general public out of doors. Signs which are deemed to be visible to the general public out of doors shall include but not be limited to those which are affixed to the inside surface of windows and glass doors or are displayed within four feet of said surface and are intended to be seen from streets, parking lots or sidewalks. A "sign" does not include the following: the flag or insignia of any government or government agency; the flag of any civic, political, charitable, religious, patriotic, fraternal or similar organization, which is hung on a flagpole or mast; or any religious or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices.
[Amended 8-13-1985 by L.L. No. 11-1985][9]
SMALL WIRELESS FACILITY
A wireless telecommunications facility, including, but not limited to, DAS and microcells, that meets each of the following conditions:
[Added 7-16-2019 by L.L. No. 10-2019]
A. 
The structure on which antenna facilities are mounted:
(1) 
Is 50 feet or less in height; or
(2) 
Is no more than 10% taller than other adjacent structures; or
(3) 
Is not extended to a height of more than 10% above its preexisting height as a result of the collocation of new antenna facilities.
B. 
Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and
C. 
All antenna equipment associated with the facility (excluding antennas and backup power and related backup power equipment) is cumulatively no more than 28 cubic feet in volume; and
D. 
The facility does not require antenna structure registration under Part 17 of Title 47 of the United States Code;
E. 
The facility is not located on tribal lands, as defined under 36 CFR § 800.16(x); and
F. 
The facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).
SOLAR ENERGY COLLECTOR
A device or combination of devices which relies upon solar radiation as an energy source and that is employed for the purposes of heating or cooling a building, the heating of water or the generation of electricity.
[Added 9-14-1982 by L.L. No. 11-1982]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless telecommunications facilities which 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.
[Added 7-16-2019 by L.L. No. 10-2019]
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
[Amended 11-22-2011 by L.L. No. 15-2011[10]]
STORY ABOVE GRADE PLAN
Any story having its finished floor surface entirely above grade plane, except that a basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:
[Added 11-22-2011 by L.L. No. 15-2011]
A. 
More than six feet above grade plane;
B. 
More than six feet above the finished ground level for more than 50% of the total building perimeter; or
C. 
More than 12 feet above the finished ground level at any point.
STREET
An existing state, county or Town highway or a street shown upon a subdivision plat approved by the Town Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Town Planning Board and the grant to such Board of the power to approve subdivision plats.
STREET LINE
The dividing line between a street and a lot. (See also definition of "lot line, front.")
STRUCTURALLY MOUNTED
The attachment of antennas to an existing building or structure other than a monopole or tower having a location on the ground and comprising a part of a wireless telecommunications services facility. For purposes of this chapter, the term "structurally mounted" shall include, in addition to the antennas, all other components of the wireless telecommunications services facility.
[Added 4-8-1997 by L.L. No. 7-1997; amended 4-27-1999 by L.L. No. 6-1999]
STRUCTURALLY MOUNTED WIRELESS TELECOMMUNICATION SERVICES FACILITY (MAJOR)
Any structurally mounted wireless telecommunication services facility that is not a minor structurally mounted wireless telecommunication services facility as defined in this chapter.
[Added 4-8-1997 by L.L. No. 7-1997]
STRUCTURALLY MOUNTED WIRELESS TELECOMMUNICATION SERVICES FACILITY (MINOR)
A wireless telecommunication services facility located within a public street or utility right-of-way in which one or more antennas are structurally mounted to an existing utility pole, roadway sign, bridge or other similar type of structure, not exceeding the height of such structure by more than three feet, together with associated equipment to be located on the ground.
[Added 4-8-1997 by L.L. No. 7-1997]
STRUCTURE
Anything constructed or erected, the use of which requires location on or under the ground or attachment to something having location on the ground. A "structure" includes, among other assemblies of materials, a building, swimming pool, tennis court, platform tennis court, walkway, paved or gravel driveway, parking area, deck, porch, terrace, sign, antenna and mechanical equipment and its appurtenant supporting pad(s), if any, but not including preexisting stone walls and children's outdoor recreational apparatus.
[Amended 7-19-1977 by L.L. No. 13-1977; 5-23-1995 by L.L. No. 6-1995; 10-12-1999 by L.L. No. 18-1999]
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions of an existing tower or base station if it meets any of the following criteria:
[Added 7-16-2019 by L.L. No. 10-2019]
A. 
The mounting of a proposed antenna on existing wireless structures that would increase the original height of the wireless structure 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 existing towers or base stations, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater.
B. 
The mounting of the proposed antenna would involve 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.
C. 
The mounting of the proposed antenna would involve adding an appurtenance to the body of an existing wireless telecommunications support structure that would protrude 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 existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude 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.
D. 
The mounting of the proposed antenna would involve 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.
E. 
The modification defeats concealment and/or stealth elements of the support structure.
F. 
The modification does not comply with prior conditions of the approval for the existing structure and/or site; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications that are solely necessary to assure safe living conditions or any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
[Added 7-19-1977 by L.L. No. 13-1977; amended 9-13-1988 by L.L. No. 14-1988]
SWIMMING POOL
Any body of water having an artificial bottom and/or sides and a depth of more than two feet in any point therein.
TERRACE
An uncovered flat platform of earth or other natural material with or without retaining walls but containing an unvegetated surface material, the top platform surface of which is located 12 inches or less above grade level. Notwithstanding the provisions of § 60-420C(5) of this chapter to the contrary, any such platform that is bordered along 50% or more of its perimeter by an aboveground wall, fence or railing shall be treated as a deck, not a terrace, for the purpose of this chapter. Any such platform with a roof or awning shall be considered a porch. The term "terrace" shall include the term "patio" for the purpose of this chapter. A walkway shall not be considered a terrace, provided that its width does not exceed four feet.
[Amended 5-23-1995 by L.L. No. 6-1995]
TOTAL (AGGREGATED) SIGN AREA
A measurement of the maximum permitted total sign area for all sign types permitted for a single use, computed in accordance with § 60-410D(14)(d) of this chapter.
[Added 10-14-1997 by L.L. No. 18-1997]
TOWER
Any structure built for the sole or primary purpose of supporting Commission-licensed or authorized antennas, including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that tower but not installed as part of an antenna as defined herein.
[Added 4-8-1997 by L.L. No. 7-1997; amended 7-16-2019 by L.L. No. 10-2019]
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any Commission-licensed or -authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with 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.
[Added 7-16-2019 by L.L. No. 10-2019]
TWO-FAMILY MODEL ORDINANCE PROVISIONS AFFORDABLE AFFH UNIT
A model ordinance provisions affordable AFFH unit located in a detached building containing only two dwelling units and meeting the requirements of § 60-220 of this chapter.
[Added 8-9-2011 by L.L. No. 10-2011]
USE
The purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, ACCESSORY
A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot therewith.[11]
UTILITY POLE
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.
[Added 7-16-2019 by L.L. No. 10-2019]
VAPE SHOP
A retail outlet with 25% or more of its retail space devoted to selling or distributing of any electronic cigarette or vapor products, including but not limited to electronic cigarettes; vape pens; dissolvable liquids; vaporizing liquids, oils or gels; mods; atomizers; vape tanks; and coilheads.
[Added 11-14-2017 by L.L. No. 8-2017]
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
[Added 5-13-1997 by L.L. No. 12-1997]
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
[Added 5-13-1997 by L.L. No. 12-1997]
WIRELESS STRUCTURE
Any structure built for the sole or primary purpose of supporting Commission-licensed or authorized antennas, including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that tower but not installed as part of an antenna as defined in this section. The definition of wireless structure is intended to be the same definition used to define the term "tower" as set forth in 47 CFR § 1.1320.
[Added 7-16-2019 by L.L. No. 10-2019]
WIRELESS TELECOMMUNICATION SERVICES
The provision of wireless telecommunication services, including those more commonly referred to as "cellular telephone services," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
[Added 4-8-1997 by L.L. No. 7-1997]
WIRELESS TELECOMMUNICATION SERVICES FACILITY
Any equipment used in connection with the commercial operation of wireless telecommunications services, as defined herein, and as the term "personal wireless service, facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, towers and related appurtenances .
[Added 4-8-1997 by L.L. No. 7-1997; amended 4-27-1999 by L.L. No. 6-1999]
WIRELESS TELECOMMUNICATIONS 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, DAS, microcell 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 and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.
[Added 7-16-2019 by L.L. No. 10-2019]
WIRELESS TELECOMMUNICATIONS PROVIDER
A wireless telecommunications infrastructure provider or a wireless telecommunications services provider.
[Added 7-16-2019 by L.L. No. 10-2019]
WORKFORCE HOUSING
A dwelling unit restricted in occupancy, for a period of at least 25 years following the issuance of a certificate of occupancy, to households whose annual income does not exceed a limit that is fixed at an amount that is less than or equal to the higher of the adjusted median annual salary of persons employed by the Town of New Castle, the adjusted median annual salary of persons employed by the public school district in which such dwelling unit is located, or the adjusted Westchester County area median income (AMI). For purposes of this chapter, the annual income limits shall be based upon a household of four persons and shall be adjusted by household size, as follows:
Household Size
(Number of persons)
Percentage of Median Annual Salary or Area Median Income
(AMI)
1
70%
2
80%
3
90%
4
100%
YARD
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied except for permitted accessory uses and structures. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line; and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line. When a lot abuts a private road not meeting the definition of street, the lot line shall be deemed to be the nearest edge of the right-of-way of such private road or the nearest edge of the easement containing such private road if no right-of-way has been mapped.
[Amended 2-9-1993 by L.L. No. 5-1993]
YARD, FRONT
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line of the building, and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot line, as the case may be.
[1]
Editor's Note: The definition of "area of shallow flooding," added 8-14-1979 by L.L. No. 11-1979, which immediately followed this definition, was repealed 9-13-1988 by L.L. No. 14-1988.
[2]
Editor's Note: The definition of "base flood," added 7-19-1977 by L.L. No. 13-1977, which immediately followed this definition, was repealed 9-13-1988 by L.L. No. 14-1988.
[3]
Editor's Note: Said local law was readopted 7-31-1984.
[4]
Editor's Note: Said local law was readopted 7-31-1984.
[5]
Editor's Note: The definition of "flood insurance rate map (firm)," added 8-14-1979 by L.L. No. 11-1979, which immediately followed this definition, was repealed 9-13-1988 by L.L. No. 14-1988.
[6]
Editor's Note: The definitions of "floodproofing," added 7-19-1977 by L.L. No. 13-1977 and amended 8-14-1979 by L.L. No. 11-1979, and "floodway," added 8-14-1979 by L.L. No. 11-1979, which immediately followed this definition, was repealed 9-13-1988 by L.L. No. 14-1988.
[7]
Editor's Note: The definition of "floor area ratio (FAR)," added 4-12-1977 by L.L. No. 4-1977, which immediately followed this definition, was repealed 5-8-2007 by L.L. No. 4-2007.
[8]
Editor's Note: The definition of "riverine," added 7-19-1977 by L.L. No. 13-1977, which immediately followed this definition, was repealed 9-13-1988 by L.L. No. 14-1988.
[9]
Editor's Note: The former definition of "sign area," which immediately followed this definition, was repealed 10-14-1997 by L.L. No. 18-1997.
[10]
Editor's Note: This local law also repealed the former definition of "story, half," which immediately followed this definition.
[11]
Editor's Note: The definition of "variance," added 7-19-1977 by L.L. No. 13-1977, which immediately followed this definition, was repealed 9-13-1988 by L.L. No. 14-1988.
[Added 8-9-2011 by L.L. No. 10-2011]
An affordable affirmatively furthering fair housing (AFFH) unit shall qualify as a model ordinance provisions affordable AFFH unit if it complies with the following provisions:
A. 
Maximum rent and sales price. The maximum monthly rent for a model ordinance provisions affordable AFFH unit and the maximum gross sales price for a model ordinance provisions affordable AFFH unit shall be established in accordance with United States Department of Housing and Urban residential development guidelines as published in the current edition of the "Westchester County Area Median Income Sales and Rent Limits" available from the County of Westchester.
B. 
Time period of affordability. A model ordinance provisions affordable AFFH unit must remain affordable for a minimum of 50 years from date of initial certificate of occupancy issued on or immediately preceding its becoming a model ordinance provisions affordable AFFH unit for rental properties and from date of original sale as a model ordinance provisions affordable AFFH unit for ownership units.
C. 
Property restriction. A property containing any model ordinance provisions affordable AFFH unit must be restricted using a declaration of restrictive covenants in recordable form acceptable to Town Counsel which shall ensure that each model ordinance provisions affordable AFFH unit shall remain subject to affordable regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the model ordinance provisions affordable AFFH unit prior to the issuance of a certificate of occupancy for any dwelling unit on the property.
D. 
Owner occupancy. All for-purchase nonmultifamily model ordinance provisions affordable AFFH units must be owner-occupied.
E. 
Unit appearance, integration and aggregation.
[Amended 12-15-2015 by L.L. No. 14-2015]
(1) 
Within a single-family residential development, a model ordinance provisions affordable AFFH unit may be a single-family home or incorporated in a two-family home.
(a) 
A single-family model ordinance provisions affordable AFFH unit may be located on a lot meeting 75% of the minimum lot area for a single-family residence in the residential development.
(b) 
A two-family home incorporating a model ordinance provisions affordable AFFH unit may be located on a lot meeting the minimum lot area for a single-family residence in the residential development.
(c) 
All model ordinance provisions affordable AFFH units shall be indistinguishable in appearance, siting and exterior design from the other single-family residences in the residential development, to the furthest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of the model ordinance provisions affordable AFFH units.
(2) 
Within a multifamily residential development, all model ordinance provisions affordable AFFH units shall be physically integrated into the design of the multifamily development and shall be distributed among various sizes (efficiency, one-, two-, three-, and four-bedroom units) in the same proportion as all other units in the multifamily development.
(a) 
The model ordinance provisions affordable AFFH units shall not be distinguishable from other units from the outside or building exteriors.
(b) 
Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of the model ordinance provisions affordable AFFH units.
(3) 
(a) 
Notwithstanding anything to the contrary contained in this chapter, where a commercial building in existence as of January 1, 1942, is adaptively reused for residential use in the B-RO-20 District and such adaptive reuse is part of a multifamily development component of a larger development in a campus-like setting: (i) model ordinance provisions affordable AFFH units are not required to be physically integrated with market rate units; and (ii) the affordable AFFH units may be located in a building on a separate parcel from the market rate units, provided such parcel is within 750 feet from the market rate units. However, if the model ordinance provision affordable AFFH units are provided in a building which also contains or is proposed to contain market rate units or workforce housing, the model ordinance provision affordable AFFH units shall be integrated with such market rate units and workforce housing to the maximum extent practicable, as determined by the Building Inspector.
(b) 
Under such circumstances: (i) the number of market rate units and model ordinance provisions affordable AFFH units for the entire development may be aggregated for purposes of determining compliance with the requirement that no less than 10% of the residential units in a multifamily development of 10 or more units must be created as model ordinance provisions affordable AFFH units; (ii) the exterior of the model ordinance provisions affordable AFFH units are not required to match the exterior of the residential dwelling units located in the larger development; (iii) the model ordinance provisions affordable AFFH units are not required to be at least 80% of the average floor area of units or match the bedroom distribution of the larger residential development so long as the size of the model ordinance provision affordable AFFH units are no less than the minimum gross floor area set forth in section F below.
F. 
Minimum floor area. The minimum gross floor area per model ordinance provisions affordable AFFH unit in a residential development shall not be less than 80% of the average floor area of units in the residential development which are not model ordinance provisions affordable AFFH units, and, unless otherwise required to meet requirements of the New York State Building Code, no less than the following:
Dwelling Unit
Minimum Gross Floor Area
(square feet)
Efficiency
450
1 Bedroom
675
2 Bedroom
750
3 Bedroom
1,000 (including at least 1.5 baths)
4 Bedroom
1,200 (including at least 1.5 baths)
For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies.
G. 
Occupancy standards. The minimum and maximum occupancy per model ordinance provisions affordable AFFH units, unless otherwise required to meet requirements of the New York State Building Code, shall be:
Number of Bedrooms
Number of Persons
Efficiency
Minimum: 1; maximum: 1
1 Bedroom
Minimum: 1; maximum: 3
2 Bedroom
Minimum: 2; maximum: 5
3 Bedroom
Minimum: 3; maximum: 7
4 Bedroom
Minimum: 4; maximum: 9
H. 
Affirmative marketing. Model ordinance provisions affordable AFFH units shall be sold or rented, and resold and rerented during the required period of affordability, only to people in households that meet the income-eligibility qualifications set forth in the definition of "affordable affirmatively furthering fair housing (AFFH) unit" in § 60-210. Such people and income-eligible households shall be solicited in accordance with the requirements, policies, and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan adopted under the settlement of United States ex rel. Anti-Discrimination Center of Metro New York v. Westchester County, U.S.D.C., S.D.N.Y., Case No. 06 Civ 2860 (DLC). No preferences shall be used to prioritize the selection of income-eligible tenants or purchasers of a model ordinance provisions affordable AFFH unit.
I. 
Resale requirements. In the case of owner-occupied model ordinance provisions affordable AFFH units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed:
(1) 
The then-maximum sales price for said unit, as determined in this § 60-220; or
(2) 
The sum of:
(a) 
The net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the Index) on any date between the month that was two months earlier than the date on which the seller acquired the unit and the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index and fails to designate a successor index, then the Town shall designate a substitute index; plus
(b) 
The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight line basis over a fifteen-year period from the date of completion; provided, however that approval of the administrative and monitoring agency identified in § 60-220K shall be required before the cost of any major capital improvement is included in the resale price.
(3) 
Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.
J. 
Lease and lease renewal requirements. A person renting a model ordinance provisions affordable AFFH unit shall sign a lease for a term of no more than two years. As long as a renter remains eligible and has complied with the terms of the lease, the renter shall be offered renewal leases for a term of no more than two years each.
(1) 
Renewal of a lease shall be subject to the conditions of federal, state, or county provisions that may be imposed by the terms of the original development funding agreements for the residential development or to the provisions of other applicable local law.
(2) 
If no conditions of federal, state, or county provisions that may be imposed by the terms of the original development funding agreements for the residential development are applicable, and if no provision of local law is applicable, and if a renter's annual gross income should subsequently exceed the maximum then allowable, as defined in this § 60-210, then the renter may complete his or her current lease term, and at the end of that lease term, if a rental unit that is not a model ordinance provisions affordable AFFH unit is available in the residential development, he or she shall be offered a lease for that rental unit that is not a model ordinance provisions affordable AFFH unit, or if a rental unit that is not a model ordinance provisions affordable AFFH unit is not available, he or she may be allowed to sign one additional one-year lease for the model ordinance provisions affordable AFFH unit he or she occupies but shall not be offered a renewal of the lease beyond the expiration of that additional one-year lease term.
K. 
Administrative and monitoring agency. The County of Westchester or its designated agency or delegate shall administer the requirements of this § 60-220, and, among other things, be responsible for monitoring the model ordinance provisions affordable AFFH units during the units' periods of affordability and for monitoring compliance with the income and eligibility requirements and affirmative marketing responsibilities applicable to the model ordinance provisions affordable AFFH units.