[Amended 10-7-2015 by L.L. No. 8-2015]
Except where specifically defined herein, words used in this
chapter shall carry their customary meanings. All words used in the
present tense include the future tense; all words in the singular
number include the plural number and vice versa, unless the natural
construction of the wording indicates otherwise; the word "person"
includes corporations and all other legal entities; the words "lot,"
"plot" and "tract of land" shall each include the others; the word
"premises" shall include land and buildings thereon; the word "building"
shall include "structure" and vice versa; and "occupied" or "used"
shall be considered as though followed by the words "or intended,
arranged or designed to be used or occupied," unless the natural construction
of the wording indicates otherwise. The word "shall" is mandatory.
Unless otherwise specified, all distances shall be measured horizontally.
The word "Town" means the Town of North Castle; the term "Town Board"
means the Town Board of said Town; the term "Board of Appeals" means
the Zoning Board of Appeals of said Town; the term "Planning Board"
means the Town Planning Board of said Town; the term "Building Inspector"
means the Building Inspector of said Town; and the term "Town Plan"
means the plan adopted by the Town Board pursuant to § 272-a
of the Town Law. The words "this ordinance" shall mean the Zoning
Ordinance as originally adopted on May 1, 1941, and as amended from
time to time.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
An establishment similar to a restaurant but limited to the
extent that the accessory wine bar and cafe is not the sole principal
use on the lot, seating is limited to a maximum of 72 seats and the
total gross floor area of the accessory cafe is not in excess of 3,500
square feet.
[Added 12-5-2006 by L.L. No. 25-2006; amended 8-14-2013 by L.L. No.
6-2013]
For small wireless communications facilities, any similarly-situated
support structure within a 250-foot radius that is of the same design,
construction, or use as the proposed structure. Adjacent structures
may include, but are not limited to, utility poles and streetlight
poles. The height of an adjacent structure is the vertical distance
measured from the ground level to the highest point on a structure,
not including antennas mounted on the tower and any other appurtenances.
[Added 11-17-2021 by L.L. No. 9-2021]
[Added 5-14-2014 by L.L. No. 1-2014]
A for-purchase housing unit that is affordable to a household
whose income does not exceed 80% of the area median income (AMI) for
Westchester as defined annually by the U.S. 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 that is marketed in accordance with the Westchester County
Fair and Affordable Housing Affirmative Marketing Plan.
A rental unit that is 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 that is marketed in accordance
with the Westchester County Fair and Affordable Housing Affirmative
Marketing Plan.
To change, enlarge or rearrange the structural parts or the
exit facilities of a structure or to move a building from one location
or position to another.
A change in the supporting members of the building, such
as bearing walls, columns, beams, girders or floors, or any other
change which is not merely a repair or replacement of any existing
part, where such change would tend to:
[Added 4-22-1993 by L.L. No. 2-1993]
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined herein. An antenna shall not include
private residence-mounted satellite dishes or television antennas
or amateur radio equipment including, without limitation, ham or citizen
band radio antennas.
[Added 11-17-2021 by L.L. No. 9-2021]
A dwelling unit which is incidental and subordinate to a
permitted principal single-family dwelling and located on the same
lot therewith.
An establishment for the preparation, display, and sale of
individually crafted artwork, jewelry, furniture, cabinetry, sculpture,
pottery, leathercraft, handwoven articles, and related items as well
as small group instruction related to the creation of artwork, jewelry,
furniture, cabinetry, sculpture, pottery, leathercraft, handwoven
articles, and related items.
[Added 10-7-2015 by L.L.
No. 8-2015]
Any use involving the individual creation, fabrication, storing
and retail sale of an artistic nature, including drama, music, painting,
pottery and sculpture studios, furniture, woodworking and ornamental
iron studios.
A brown to black hard, brittle or plastic bituminous material
composed principally of hydrocarbons found in oil-bearing rocks in
selected areas. Asphalt is prepared by pyrolysis from coal tar, certain
petroleums and liguite tar. Asphalt, which melts on heating, is insoluble
in water but soluble in gasoline and is used for paving and roofing
and in paints and varnishes.
A form of concrete composed of sand, gravel, crushed rock
or other aggregate held together by asphalt. Asphaltic concrete is
also known as "bituminous concrete." (See also "asphalt" and "concrete.")
Any enclosed premises used for spectator presentations, such
as concerts, theatrical performances, lectures, meetings and similar
events.
[Added 4-22-1993 by L.L. No. 2-1993]
The average of the finished ground level adjoining the perimeter
of the building. Where the finished ground level slopes away from
the exterior walls, the average grade shall be the lowest point within
six feet of the perimeter of the building.
[Added 6-30-2004 by L.L. No. 5-2004]
A cantilevered deck having no vertical support posts.
[Added 4-22-1993 by L.L. No. 2-1993]
A business enterprise primarily engaged in the retail sale
of drinks such as beer, ale, wine, liquor and other alcoholic beverages
for consumption on the premises. Prepared food and nonalcoholic beverages
may be sold for consumption on the premises. (See also "cabaret.")
That flood having a one-percent chance of being equaled or
exceeded in any given year.
The portion of a building wholly or partly underground which
extends no more than four feet above the level from which the height
of the building is measured. The word "basement" includes the word
"cellar." A portion of a basement in which is located a boiler room,
electronic, telephone, heating or cooling equipment, elevator equipment
and similar equipment and the accessway thereto shall not be counted
as part of the gross floor area. Such excluded mechanical/utility
areas shall be entirely below the finished grade, have no windows
and be clearly designed only for such mechanical/utility purposes.
A dwelling with nontransient boarders, roomers or lodgers
in the household, of which there may be no more than two, who are
lodged with or without meals, and in which there are provided such
services as are incidental to its use as a residence for part of the
occupants.
A nonsupporting connection, without front or rear wall, between
a garage or carport and the main building of the lot.
Land not used for any purpose except to separate two other
uses.
[Added 4-22-1993 by L.L. No. 2-1993]
Any structure having a roof, supported by columns and/or
by walls or self-supporting, including a factory-manufactured home,
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
A building subordinate to the main building on the lot and
used for a purpose customarily incidental to that of said main building,
including dwelling units for servants. A principal or main building
must exist on a lot or a site plan shall have been approved by the
Planning Board for both principal and accessory use prior to the granting
of any permit or other approval to construct an accessory building.
All structures are also accessory buildings for purposes of this chapter,
particularly in regard to required setbacks, except that where a specific
setback is stated for a particular type of structure, the specific
setback shall be controlling.
[Amended 4-22-1993 by L.L. No. 2-1993]
The maximum horizontal cross section of a main building and
all accessory buildings, exclusive of one-story open porches; bay
windows which extend for one story only and do not project more than
five feet; cornices, eaves, gutters or chimneys projecting not more
than three feet; steps; and terraces.
The least horizontal distance between the furthermost walls
of a building, including any carports and porches.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building or structure erected, constructed or placed upon
the premises to exist there for a brief or temporary duration of time,
not exceeding one year. All other buildings or structures shall be
deemed and considered as permanent for the purposes of this chapter.
An accessory building or structure that is used for a swimming
pool or some similar recreational use and not intended for human habitation
and that does not exceed 200 square feet in area and is not more than
15 feet in height.
[Amended 10-7-2015 by L.L. No. 8-2015]
An establishment of public resort, accommodation, assemblage,
entertainment or amusement where refreshments of any kind are served
for gain or profit and/or dancing, entertainments or exhibitions are
given or permitted in connection therewith or a place of public resort,
accommodation, assemblage, entertainment or amusement where exhibitions
or other forms of entertainment or amusement are given or conducted
for gain or profit and dancing and serving of refreshments of any
kind are permitted. The term "cabaret," as used herein, shall not
include establishments providing music, either by mechanical device
or by band or orchestra, for the entertainment of patrons and/or dancing
by such patrons only.
A business enterprise engaged in preparing and serving a
full line of food and beverages primarily through the use of a cafeteria
line where the customer serves himself or is served from displayed
selections. Either table and/or booth seating facilities are provided,
and some limited waiter or waitress service may be provided. (See
also "cabaret," "restaurant" and "restaurant, fast-food.")
An accessory building or part of a main building with not
more than two enclosing walls that provide overhead protection for
the permitted storage of motor vehicles for the owner's private use.
Land, buildings and facilities operated for the use and benefit
of members and their guests primarily for recreational purposes, including
golf clubs, country clubs, tennis and swimming clubs and similar facilities.
A membership club shall not regularly render services to the general
public. However, club facilities, including golf courses and other
recreational facilities, restaurants and food service facilities,
and lodging facilities, may be reserved and used by the general public
on a fee basis for outings and special events.
[Amended 6-10-2015 by L.L. No. 6-2015]
A voluntary organization, not conducted for gain, with facilities
catering principally to members and guests for recreational, athletic
or social purposes.
[Added 4-22-1993 by L.L. No. 2-1993]
A machine which is mechanically or electronically operated,
including but not limited to baseball and football games, pinball
machines, video games and other similar games in which points are
tabulated in high scores by one or more persons, that is controlled
and operated by the insertion of a coin or token or payment of a fee
for the privilege of operating the machine and intended for the amusement
or recreation of patrons.
The mounting of one or more wireless communication facilities
on a preexisting support structure, or modifying a support structure
for the purpose of mounting or installing a wireless communication
facility on that support structure.
[Added 11-17-2021 by L.L. No. 9-2021]
A facility that provides dog-related services, including
bathing, grooming, feeding, exercise, training, day and/or overnight
boarding and retail sales of pet supplies, and not including the sale
of dogs.
[Added 9-13-2017 by L.L.
No. 5-2017]
Means terms and pricing that are reasonably consistent with
similar wireless communication facility leases and agreements within
a fifteen-mile radius of the Municipality.
[Added 11-17-2021 by L.L. No. 9-2021]
Concrete is composed of sand, gravel, crushed rock or other
aggregate held together by a hardened paste of hydraulic cement and
water. The thoroughly mixed ingredients, when properly proportioned,
make a plastic mass that can be cast or molded into a predetermined
size and shape. Upon hydration of the cement by the water, concrete
becomes stonelike in strength and hardness.
Any proprietary facility, licensed and regulated by the State
of New York, for the accommodation of three or more persons, not related
by blood or marriage, who are aged, convalescent or 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 keeping patients suffering from any
contagious disease, tuberculosis, mental illness, acute alcoholism
or drug addiction.
[Amended 4-22-1993 by L.L. No. 2-1993]
That percentage of the land area covered by the combined
area of all buildings on all or that portion of the lot within the
same zoning district as the main building.
[Amended 6-30-2004 by L.L. No. 5-2004]
That percentage of the land area covered by the combined
area of all buildings, structures and paved, gravel and semipervious
paver areas on a lot. Walls under four feet in height and all fences
shall not be considered gross land coverage.
[Amended 5-14-2008 by L.L. No. 7-2008]
A principal permitted use consisting of a tract of land and
any tents, vehicles, buildings, or other structures that may be pertinent
to its use, any part of which may be occupied on a scheduled basis
at any time between June 1 and September 15 in any year by children
under 16 years of age, under general supervision, for the purpose
of indoor or outdoor organized group activities, involving two or
more activities for a period of less than 24 hours on any day the
property is so occupied and/or which no provisions are made for overnight
occupancy by such children. Any recreational program offered directly
by the Town of North Castle Recreation Department shall not be deemed
a day camp.
[Added 4-12-2023 by L.L. No. 4-2023]
A program licensed by the New York State Department of Social
Services pursuant to § 390 of the New York Social Services
Law that provides care for more than three hours but fewer than 24
hours a day away from the child's home by an individual, association,
corporation, institution or agency for seven or more children, except
those programs operating as group family day-care centers. "Day-care
center" shall not refer to a day camp, an after-school program operated
for the primary purpose of religious education or a facility operated
by a public school district.
[Added 4-22-1993 by L.L. No. 2-1993]
A program which provides care for three or more children
away from their home for more than three hours per day, excluding
those children receiving family day care as defined in this section.
This is a generic definition that embraces all the other sorts of
facilities defined below. The term "day care" shall not refer to a
day camp, an after-school program operated for the primary purpose
of religious education or a facility operated by a public school district.
[Added 4-22-1993 by L.L. No. 2-1993]
A commercial establishment which employs professional licensed
therapists whose services include massage and body or facial treatments.
Private treatment rooms are provided for each client receiving a personal
service. Massage treatments may include body packs and wraps, exfoliation,
cellulite and heat treatments, electrolysis, body toning, waxing,
aromatherapy, cleansing facials, electrical toning, and other similar
treatments and services. Hydrotherapy and steam and sauna facilities,
nutrition and weight management and exercise facilities and instruction
may be provided in addition to the massage and therapeutic treatment
services. Accessory cafes providing service only for day spa customers
and full-service hair salons providing service only for day spa customers,
including makeup consultation and application, manicure and pedicure
services, as well as tanning stations may be provided as additional
accessory services as determined appropriate by the Town.
[Added 9-10-2007 by L.L. No. 18-2007]
A unit of measurement of intensity of sound (the sound pressure
level).
An uncovered structure constructed of wood or metal forming
a platform projecting out from the wall or walls of a building, or
freestanding, that is not a terrace. Any such structure with a roof
or awning shall be considered a porch.
[Added 4-22-1993 by L.L. No. 2-1993]
A Municipal-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
other municipal attachments have been placed or are permitted to be
placed.
[Added 11-17-2021 by L.L. No. 9-2021]
A density unit is defined as being equal to one or a proportionate
combination of the following:
One one-family detached dwelling unit.
One dwelling unit containing four or more bedrooms in a permitted
type of dwelling other than a one-family detached unit.
One and one-half dwelling units containing three bedrooms each
in permitted dwellings other than one-family detached units.
Two dwelling units containing two bedrooms each in permitted
dwellings other than one-family detached units.
Two and one-half dwellings containing one bedroom or less each
in permitted dwellings other than one-family detached units.
Three efficiency dwelling units in permitted dwellings other
than one-family detached units.
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.
A device, also known as a "satellite dish" or "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 communications or other signals from orbiting
satellites.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 11-17-2021 by L.L. No. 9-2021]
The removal of vegetation or topsoil, or any filling, draining,
grading, excavation or other such activity which alters the condition
of land.
[Added 12-13-2006 by L.L. No. 27-2006]
That process by which clothing and fabrics are cleaned through
the use of primarily nonaqueous chemical solvents (They may include
carbon tetrachloride, trichloroethylene, tetrachloroethylene, naphtha,
benzene and other compounds.), rather than through the use of water
and cleaning agents used with water. Such an operation may be offered
directly by employees who undertake the dry-cleaning process as a
service to customers or in the form of a self-service operation in
which the customer operates the dry-cleaning machine.
Solid particulate matter capable of being air- or gasborne.
A building containing one or more dwelling units.
A dwelling containing three or more dwelling units.
A dwelling containing one dwelling unit only.
A dwelling containing two dwelling units only.
A building or portion thereof providing complete housekeeping
facilities for one family.
A dwelling unit having common walls, floors or ceilings with
two or more other dwelling units.
A dwelling containing one dwelling unit.
[Added 3-24-1994 by L.L. No. 4-1994]
A dwelling unit which has a common wall, floor or ceiling
with only one other dwelling unit.
Any nonpublic school or other organization or institution
conducting a regularly scheduled curriculum of study similar to that
of the public schools and operated under the Education Law of New
York State.
Any vehicle that operates, either partially or exclusively,
on electrical energy from the grid, or an off-board source, that is
stored on-board for motive purpose. "Electric vehicle" includes: a)
a battery electric vehicle; or b) a plug-in hybrid electric vehicle.
[Added 7-26-2023 by L.L. No. 6-2023]
An electric vehicle charging station, also called EV charging
station, electric recharging point, charging point and EVSE, is an
element in an infrastructure where the singular purpose is to supply
electric energy for the recharging of electric vehicles. All such
stations will include designated and exclusive parking for vehicles
charging. An electric vehicle charging station shall not contain any
surface, frame, letter, figure, character, mark, plane, point, design,
picture, stroke, stripe, reading matter, material, fabric, device,
object, three-dimensional object, or display which bears lettered,
numbered, pictorial, or sculptured matter, designed to convey information
visually or to draw attention and which is exposed to public view.
An electric vehicle charging station shall not account for more than
20% of the total off-street parking available on a property and shall
be limited to Level 1 or Level 2 charging infrastructure.
[Added 7-26-2023 by L.L. No. 6-2023]
An application for modification of an existing wireless communications
facility or base station that involves collocation of new transmission
equipment; removal of transmission equipment; or replacement of transmission
equipment.
[Added 11-17-2021 by L.L. No. 9-2021]
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or has caused or
is likely to cause facilities in the public rights-of-way to be unusable
and result in loss of the services provided.
[Added 11-17-2021 by L.L. No. 9-2021]
As defined in the Uniform Standards Code for Factory Manufactured
Homes Act (Article 18-B of the Executive Law of the State of New York[1]). (See also "mobile home," "motor home," "travel trailer"
and "pickup coach.")
[Amended 6-25-2008 by L.L. No. 13-2008]
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;
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
is 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
A program licensed by the New York State Department of Social
Services which provides care for at least three children but not more
than six children in the applicant's home for more than three hours
per day.
[Added 4-22-1993 by L.L. No. 2-1993]
The use of a parcel of land for the purpose of producing
agricultural, horticultural, floricultural, vegetable and fruit products
of the soil, livestock, poultry, eggs, dairy products, nuts and honey,
but shall not include the breeding, raising or maintaining of fur-bearing
animals, pigs, goats, more than 12 head of poultry, animal kennels,
riding or livery stables. A garden, accessory to a residential use,
shall not be deemed a farm use. A farm use shall not include the processing
of farm products or operation of a roadside stand.
The Federal Communications Commission.
[Added 11-17-2021 by L.L. No. 9-2021]
A visible or tangible barrier enclosing, bordering or delineating
a yard, field or other portion of land for the purpose of providing
a boundary or a means of protection, or to prevent uncontrolled access,
or for decorative purposes, or to provide screening, usually made
of posts and wire, wood, iron, masonry, stone, metal, wind sheets
for sports courts or other manufactured material or combination of
such material(s), not including hedges, shrubs, trees or other natural
growth. A fence shall not be constructed of tarpaulins or sheets.
[Added 11-5-2014 by L.L.
No. 6-2014]
Any map, survey or plat filed in the County Clerk's office
of Westchester County.
An establishment that teaches skills in the visual arts and
performing arts, including, but not limited to, painting, sculpture,
collage, decollage, assemblage, installation, calligraphy, music,
dance, theater, architecture, film, photography, conceptual art, and
printmaking.
[Added 8-28-2012 by L.L. No. 5-2012]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any land area subject to flooding during a one-hundred-year
storm event. [See also the Flood Insurance Study, Town of North Castle,
prepared by the Federal Emergency Management Agency (FEMA) and its
Official Flood Insurance Rate Maps (FIRMs) and Flood Boundary Maps
of the Town of North Castle, as such may, from time to time, be amended.]
[Amended 12-13-2006 by L.L. No. 28-2006]
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The sum of the horizontal areas of the several stories of
the building or buildings, excluding any floor area used for off-street
parking or loading purposes (except for residential buildings), measured
from the exterior walls or, in the case of a common wall separating
two buildings, from the center line of such a common wall, and including
any two-story or any enclosed porch, or one having a roof and capable
of being enclosed. See the definition of "basement" for exclusion
of basement/mechanical areas in nonresidential buildings from "floor
area, gross." For residential buildings, any attic space with a floor-to-ceiling
height of 7.5 feet or greater shall be included as part of gross floor
area, as shall those portions of any basement with a floor-to-ceiling
height of 7.5 feet or greater if the basement is considered a "story"
in accordance with one of the following three alternative measurements:
[Amended 6-30-1998 by L.L. No. 10-1998; 6-30-2004 by L.L. No.
5-2004; 6-12-2019 by L.L. No. 4-2019]
Where the finished surface of the floor above the basement is
more than six feet above average grade.
Where the finished surface of the floor above the basement is
more than six feet above the finished ground level for more than 50%
of the total building perimeter.
Where the finished surface of the floor above the basement is
more than 12 feet above the finished ground level at any point along
the building perimeter.
The gross floor area in square feet of all buildings on a
lot divided by the area of such lot in square feet.
The number of oscillations per second of a vibration.
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of the structure to the public rights-of-way.
[Added 11-17-2021 by L.L. No. 9-2021]
The extent of a building or a lot along a street as defined
herein.
The wall nearest to and facing the street on which the lot
fronts.
The establishment of a funeral director or undertaker, which
may or may not include facilities for the conduct of funeral services.
An accessory building or part of a main building used only
for the permitted storage of motor vehicles for the owner's private
use.
A building or part thereof used for the storage, care and
repair of motor vehicles for remuneration, with or without the sale
of motor fuels dispensed from pumps located within the garage building,
and any sale of motor vehicle accessories or where motor vehicles
are kept for hire or sale.
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, including body work,
repairs or painting thereof, but clearly accessory to the gasoline
filling station use.
A residential community which can be comprised of detached,
semidetached, attached and multifamily dwelling units, all designed
for active adults, in which the central focus of the community is
an affiliated membership club having an eighteen-hole golf course
and other recreational facilities adjoining the golf course community.
The owners of all residences in a golf course community shall be required
to be members of the affiliated club. A golf course community is permitted
only in the Golf Course Community Floating Overlay District.
[Added 6-10-2015 by L.L.
No. 6-2015]
The permanently established elevation of the center line
of a street in front of the midpoint of the lot.
The finished grade of any point along the wall of a building
shall be the elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point.
Any building or structure constructed mainly of translucent
material and used as a conservatory for the growing and protection
of flowers and plants and for the propagation and culture thereof.
See "coverage, gross land."
Water in the subsurface area beneath the water table in which
all open spaces are filled with water.
[Added 4-22-1993 by L.L. No. 2-1993]
That area from which water is added to the saturated zone
by natural processes, such as infiltration or precipitation, or artificial
processes, such as induced infiltration.
[Added 4-22-1993 by L.L. No. 2-1993]
A program licensed pursuant to § 390 of the New
York Social Services Law and means a home wherein day-care services
are provided for up to 10 children of all ages, including not more
than four children under two years of age, or up to 12 children where
all such children are over two years of age. A group family day-care
center may also provide day-care center services to two additional
children if such additional children are of school age and such children
receive services only before or after school hours.
[Added 4-22-1993 by L.L. No. 2-1993]
Any floor usable for living purposes, which include working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes shall not be considered a "habitable
floor."
The vertical distance to the level of the highest point of
the roof, if the roof is flat or mansard, or to the weighted mean
level between the eaves and the highest point of the various sections
(planes) of the roof, if the roof is of any other type; provided that
in the latter case, the height of the highest section (plane) of the
roof shall not be more than five feet above the maximum height permitted.
Building height shall be measured as follows, unless otherwise provided
in a particular district:
[Amended 12-3-2002 by L.L. No. 11-2002; 6-30-2004 by L.L. No.
5-2004]
If the building adjoins the front property line or is not more
than 10 feet distant therefrom, measured at the center of the front
wall of the building from the established street grade, or if no such
grade has been officially established, measured from the average grade
across the front of the building.
If the building is more than 10 feet from the front property
line, measured from the average grade of the building.
When a lot fronts two or more streets of different levels, the
lower street, or the average elevation of the lot with regard to the
abutting streets, may be taken as the base for measuring the height
of the building.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based wireless communications
facility, including antennas mounted on the tower and any other appurtenances.
[Added 11-17-2021 by L.L. No. 9-2021]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.
[Added 11-17-2021 by L.L. No. 9-2021]
An area used for the landing and takeoff of passenger helicopters
only, but not including any auxiliary or related helicopter services,
such as refueling, maintenance, storage or passenger or cargo loading
facilities, except for outdoor tie-down space.
Any use customarily conducted entirely within a dwelling
and carried on only by the residents thereof, which use is clearly
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 secondary use other than a permitted name plate and
does not involve merchandising, trade or the exchanging of commodities
by sale. The conducting of a clinic, hospital, barbershop, beauty
parlor, photographer or artist salon, real estate and/or insurance
office, tea room, tourist home, animal hospital or any similar use
shall not be deemed to be a home occupation. Any business enterprise
or activity which shall require a license or permit from the Town
or from any bureau or department of the county or state shall be deemed
not to be a home occupation.
[Amended 10-7-2015 by L.L. No. 8-2015]
An institution providing health services for human inpatient
or medical or surgical care for the sick or injured, and including
related facilities such as laboratories, outpatient departments, training
facilities, central service facilities, and staff offices which are
integral parts of the facility. The term shall not be deemed to include
a nursing, rest or convalescent home, medical clinic, or home for
the aged.
[Amended 10-7-2015 by L.L. No. 8-2015]
A building, or portion thereof, containing rooms, with or
without individual kitchen facilities, occupied by transient guests
who are lodged, with our without meals, which rooms have primary access
from public halls, and in which building or portion thereof there
are certain public rooms and halls for the use of all guests, and
in which are provided such services as are incidental to the use thereof
as a temporary residence.
[Added 11-9-2009 by L.L. No. 13-2009]
A business enterprise primarily engaged in selling ice cream,
custard or other frozen ices for consumption either on or near the
premises. Take-home packages also may be provided. (See also "restaurant,"
"restaurant, carry-out," and "restaurant, fast-food.")
[Amended 5-28-2008 by L.L. No. 8-2008]
Earth-borne oscillations occurring in discrete pulses at
or less than 100 per minute.
The use of more than 200 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
that half of any lot that adjoins any street for the storage, keeping
or abandonment of junk or scrap materials or the dismantling, demolition
or abandonment of automobiles or other vehicles or machinery or parts
thereof or any collection of two or more old or secondhand motor vehicles
no longer intended or in condition for legal use on the public highways.
A use or building in which the principal activity is the
keeping, raising, breeding or boarding of dogs or cats or other animals
which may be considered household pets. For the purpose of this chapter,
any such activity, excluding boarding, shall not be considered a kennel
where accessory to a principal residential use, provided that not
more than four animals exceeding six months of age are kept.
A measure of the operating condition of a highway, given
in terms of letter grades from A to F, as defined in the 1965 Highway
Capacity Manual, Special Report 87, published by the Highway Research
Board.
[Added 4-22-1993 by L.L. No. 2-1993]
Any off-street space available for the loading or unloading of goods and complying with the requirements specified in Article IX of this chapter.
A parcel of land, not divided by streets, devoted to or to
be devoted to a particular use, or occupied or to be occupied by a
building or buildings, together with such open spaces as are required
under the provisions of this chapter, and having its principal frontage
on a street as defined in this chapter.
The total horizontal area included within lot boundaries.
Lot area minus 75% of the area of any wetlands, water bodies, and watercourses, but excluding any adjacent areas, all as defined in Chapter 340, Wetlands and Watercourse Protection, of the Town Code, and the area of any steep slopes, as defined herein, except that in the case of one-family lots, the deduction for steep slopes shall be only 50%.
[Added 12-13-2006 by L.L. No. 30-2006]
A lot located at the junction of and fronting on the rights-of-way
of two or more intersecting streets.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
In the case of a lot abutting upon only one street, the line
separating the lot from the street; in the case of any other lot,
the owner shall, for the purpose of this chapter, have the privilege
of electing any street lot line as the front lot line, except that
where the majority of lots in any block are developed, the owner shall
select the same front lot line as used by such other lots. In subdivisions
approved by the Planning Board, said Board may designate the front
lot line on any lot having frontage on more than one street.
The lot line which is 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 line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
The property lines bounding a lot as defined herein.
The property line or lines extending from the front lot line
to the rear lot line.
The mean horizontal distance between the side lot lines,
measured at right angles to the lot depth.[2]
A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by § 355-24I(4) of this chapter.
Families 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 those under
21 years of age attending school full-time, shall not exceed the following
multiple of the median annual Town-paid salaries of all full-time
employees of the Town of North Castle as listed in the Town budget
for each year:
[Amended 9-28-1988; 7-26-2000 by L.L. No. 4-2000]
|
Number of Persons in Family
|
Multiplier
|
|---|---|
|
1
|
1.20
|
|
2
|
1.35
|
|
3
|
1.45
|
|
4
|
1.57
|
|
5
|
1.65
|
|
6
|
1.75
|
|
7
|
1.85
|
|
8 or more
|
1.95
|
As defined in the standards, rules and regulations for mobile
homes (Article 19-AA of the Executive Law of the State of New York).
(See also "factory-manufactured home," "motor home," "travel trailer"
and "pickup coach.")
A building, or portion thereof, containing rooms occupied
primarily by transient guests who are lodged with or without meals
and which rooms have primary access from public halls; in which there
are certain public rooms and halls for use of all guests; and in which
are provided such services as are incidental to the use thereof as
a temporary residence.
A portable, temporary dwelling designed to be used for travel,
recreation and vacation, constructed as an integral part of a self-propelled
vehicle. (See also "factory-manufactured home," "mobile home," "travel
trailer" and "pickup coach.")
Town of North Castle, Westchester County, State of New York.
[Added 11-17-2021 by L.L. No. 9-2021]
Any construction on a lot not previously developed.
[Added 6-30-2004 by L.L. No. 5-2004]
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful under the Zoning Ordinance at the time the use was
established.
All nontower wireless communications facilities, including
but not limited to, antennas and related equipment. Nontower WCF shall
not include support structures for antennas and related equipment.
[Added 11-17-2021 by L.L. No. 9-2021]
Any place used as a garden for the open cultivation and growing
of trees, shrubs and other plants, including the replanting of said
plants grown at places other than the nursery.
A place, building or structure designed to provide care or
instruction for two or more children under six years of age.
The same as "nursery, day."
See "convalescent home."
A means of dividing the range of sound frequencies into octaves,
in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association,
used in conjunction with a sound-level meter to take measurements
in specific octave bands.
A map adopted by the Town Board, showing streets, highways
and parks already laid out, adopted and established by law. Drainage
systems may also be shown on this map.
An accessory use of areas on a lot external to any building
that represents the principal use of the lot for the purpose of displaying
merchandise for sale or rent, for locating tables, chairs or other
furnishings to support such activity or for the purpose of selling
or serving food and beverages for consumption outdoors. Where related
to a commercial use, outdoor display, sales and service shall include
any extension of the permitted commercial use to outdoor areas or
facilities.
An off-street area containing one or more parking spaces
with passageways and driveways appurtenant thereto.
An off-street space available for the parking of one motor vehicle on a transient basis and complying with the requirements specified in Article IX of this chapter.
Any structure or portion of a structure which is used as
a place to park automobiles in excess of 12 hours, or for airport
parking, as a primary use in an industrial district, with or without
valet parking services on the site.
[Added 6-28-2017 by L.L.
No. 3-2017]
Any structure or portion of a structure which is used solely
as a place to park automobiles as an accessory use in a nonresidential
district.
[Amended 6-28-2017 by L.L. No. 3-2017]
Any finely divided liquid or solid matter, including smoke,
capable of being air- or gasborne.
Any individual or group of individuals, corporation, partnership,
association or any other entity, including state and local governments
and agencies.
A commercial activity where the customer is typically present
and is the direct object of the services received and characterized
by the direct on-premises sale of services to the ultimate customer,
such as a barbershop or beauty parlor, shoe repair, dry cleaning,
tailoring or dressmaking, optician, personal training, dance studio,
karate studio, or other small group instruction, video rental shop,
photographic studio and other similar services. Service businesses
engaged in providing services involving the care of an animal shall
not be deemed a personal service establishment.
[Added 11-15-2006 by L.L. No. 19-2006]
A structure designed to be mounted on a truck chassis for
use as a temporary dwelling for travel, recreation and vacation. (See
also "factory-manufactured home," "mobile home," "motor home" and
"travel trailer.")
A roofed-over structure projecting out from the wall or walls
of a main structure and often open to the weather.
That area immediately overlying the stratified-drift aquifer
and adjacent areas of stratified drift that may have a sufficient
saturated thickness to be part of the aquifer. The boundary of the
primary recharge area is the contact between the stratified drift
and adjacent till or bedrock.
[Added 4-22-1993 by L.L. No. 2-1993]
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the Municipality.
[Added 11-17-2021 by L.L. No. 9-2021]
A roadway servicing a residential development and designed
to an alternate standard which shall not be offered to the Town of
North Castle for dedication as a public roadway.
[Added 8-16-2006 by L.L. No. 15-2006]
A building or group of buildings for education, lectures,
seminars and the training of professional and business personnel.
Buildings may include offices, conference rooms, seminar rooms, training
equipment, ancillary services, housing and eating accommodations and
recreational facilities for the use of the participants and administrators.
No restaurant, tavern, catering hall, nightclub, hotel, motel or inn
serving the public shall be operated and maintained.
[Added 8-16-2006 by L.L. No. 14-2006]
An active, registered professional engineer (PE), licensed
as such by the State of New York.
[Added 11-17-2021 by L.L. No. 9-2021]
A person who practices an occupation in which some department
of science or learning is applied to the affairs of others, either
advising or guiding them or otherwise serving their interests or welfare
in the practice of an art founded on such knowledge. The word "professional"
implies attainments in knowledge as distinguished from mere skill,
and the application of such knowledge to serve others. A professional
license issued by the State of New York or validated membership in
a national professional organization may be considered sufficient
to establish the status of a professional person.
The surface of and space above and below any real property
in the Municipality in which the Municipality has a regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to: the total extent of
land reserved or dedicated as a street way/alley/lane for public or
private purpose; all streets, highways, avenues, roads, alleys, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area
or property under the control of the Municipality; any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the Municipality. The phrase “in the right(s)-of-way”
means in, on, over, along, above and/or under the right(s)-of-way.
[Added 11-17-2021 by L.L. No. 9-2021]
A recreational facility entirely indoors conducted for commercial
purposes, with or without limited spectator seating and providing
accommodations for a variety of individual or organized sports, including,
but not limited to, basketball, ice hockey, wrestling, soccer, tennis,
volleyball, racquetball, or handball. Such facility may also provide
other regular organized events, health and fitness club facilities,
baseball/softball, golf, dance studios and instruction, music schools
and instruction, martial arts studios and instruction, skateboard
facilities, trampoline or gymnastics facilities, swimming pool, snack
bar, restaurant, retail sales of related sports, health or fitness
items and instruction in any of the foregoing or similar activities
as well as other support facilities. Additionally, a recreational
center may include open, partially enclosed or screened facilities,
conducted for commercial purposes with any of the uses included above
and also including uses such as athletic fields, miniature golf, golf
practice, swimming, bathing, and wading.
[Amended 5-8-2013 by L.L. No. 3-2013; 3-23-2022 by L.L. No. 3-2022]
Any piece of equipment related to, incidental to, or necessary
for, the operation of a wireless communications facility. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added 11-17-2021 by L.L. No. 9-2021]
A business enterprise engaged in serving and preparing 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.
(See also "cafeteria," "cabaret," "ice cream and frozen custard stand,"
"restaurant, carry-out," and "restaurant, fast-food.")
[Amended 5-28-2008 by L.L. No. 8-2008]
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. A carry-out restaurant may have
up to a maximum of eight seats. 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 5-28-2008 by L.L. No. 8-2008]
A restaurant devoted to the preparation and offering for
sale of food and beverages to the public for consumption either on
or off the premises and which is required by contractual or other
arrangements to offer any of the following: standardized menus, logos,
ingredients, food preparation, decor, uniforms, or similar standardized
features, where the floor area available for dining is less than 1/2
of the gross floor area and a major portion of the sales to the public
is at a drive-in or stand-up-type counter. The term "fast-food restaurant"
shall not include bakeries, delicatessens or similar types of retail
establishments. (See also "cafeteria," "cabaret," "ice cream and frozen
custard stand," "restaurant, carry-out," and "restaurant.")
[Amended 5-28-2008 by L.L. No. 8-2008; 10-7-2015 by L.L. No. 8-2015]
A chart for determining the density of smoke and which is
issued by the Federal Bureau of Mines.
Relating to, formed by or resembling a river (including tributaries),
stream, brook, etc.
See "boardinghouse."
The zone beneath the land surface in which all open spaces
are filled with water.
[Added 4-22-1993 by L.L. No. 2-1993]
A kindergarten, primary or secondary school not operated
by a public school district but furnishing a comprehensive curriculum
of academic instruction similar to that of a public school, or a nursery
school specifically designed and used to provide care or instruction
for two or more children under six years of age.
An educational institution operated by a public school district
under the laws of the State of New York.
Housing limited in occupancy to persons who have attained
the age of 62 years or more on the date that they initially occupy
the dwelling unit, as regulated by the Federal Fair Housing Act, or
55 years or more on the date that they initially occupy the dwelling
unit, as regulated by the Federal Fair Housing Act, to be determined
by the Town Board on a case-by-case basis at the time of each zoning
approval.
[Added 12-13-2006 by L.L. No. 26-2006; amended 11-20-2013 by L.L. No.
11-2013]
Sludge produced by domestic wastes that is pumped from septic
tanks.
[Added 4-22-1993 by L.L. No. 2-1993]
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 manner that it provides visual communication
to the general public out-of-doors, but not including the following:
Signs maintained or required to be maintained by law or governmental
order.
The flag or insignia of any government or governmental agency.
The flag of any civic, political, charitable, religious, fraternal
or similar organization, which is hung on a flagpole or mast.
Religious or other seasonal holiday decorations which do not
contain commercial lettering, wording, designs, symbols or other devices.
Where a sign consists of a single board or face with information
on one or both sides, the area which results by including the outside
dimensions of such sign, not including the vertical, horizontal or
diagonal supports which may affix the sign to the ground or to a structure
or building, unless such supports are evidently designed to be part
of the sign as defined herein. Where a sign consists of several individual
faces, the area shall be the maximum projected area of all such faces
which can be observed from any one point. Where the sign consists
of individual letters or symbols attached to or painted on a building,
the area shall be considered to be that of the smallest basic geometric
shape (rectangle, triangle or circle) which encompasses all of the
letters, symbols and/or any background of a different color than the
color of the building.
A plan which shows the proposed development and use of land and/or structures, consisting of a map and all necessary supporting material demonstrating compliance with all criteria, matters and items as established in Article VIII of this chapter.
[Added 4-22-1993 by L.L. No. 2-1993]
A site, lot, parcel or portion thereof for which application
is made pursuant to the density transfer provisions of this chapter
and to which site, lot, parcels or portion thereof the density or
development rights applicable in the DOB-20A District are transferred
or conveyed from a transferor site.
A site, lot, parcel or portion thereof for which application
is made pursuant to the density transfer provisions of this chapter
and from which site, lot, parcel or portion thereof the density or
development rights applicable in the DOB-20A District are transferred
or conveyed to a transferee site.
A wireless communications facility that meets the following
criteria:
[Added 11-17-2021 by L.L. No. 9-2021]
The structure on which antenna facilities are mounted
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
Antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is
the number obtained by multiplying the smoke density in a Ringelmann
Smoke Chart by the time of emission in minutes. For example, the emission
of Ringelmann Smoke Density Number 1 for one minute equals one smoke
unit.
A device or combination of devices which relies upon solar
radiation as an energy source that is employed for the purposes of
heating or cooling a building, the heating of water or the generation
of electricity.
An instrument, standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
Land areas in the Town of North Castle which are the following:
[Added 4-22-1993 by L.L. No. 2-1993]
A use within a district which possesses unique and special
characteristics so as to require special conditions in addition to
the general conditions and shall be subject to the issuance of a special
use permit by the Town Board in accordance with the applicable provisions
of this chapter.
[Added 4-22-1993 by L.L. No. 2-1993]
Land, buildings and other facilities wherein horses are kept
for the private use and enjoyment of the horse owners.
Continuous earth-borne oscillations. Discrete pulses that
occur more than 100 times per minute shall be considered steady-state
vibrations.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or 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 antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 11-17-2021 by L.L. No. 9-2021]
A natural geographical area, whether on one or more lots,
which has a ratio of vertical distance to horizontal distance of 25%
or greater over a horizontal area measuring at least 25 feet in all
directions.
[Added 12-13-2006 by L.L. No. 27-2006]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
shall be no floor above it, then the space between the floor and the
top of the ceiling beam next above it. A parking structure located
under a building shall not constitute a story, provided that at least
one side is below the finished grade and that suitable and adequate
screening and architectural detailing as may be required by the Planning
Board and/or the Architectural Review Board are approved.
[Amended 6-30-2004 by L.L. No. 5-2004]
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
Unconsolidated sediment composed of layers of sand, gravel,
silt or clay or similar deposits that are capable of yielding usable
amounts of water, potentially in amounts greater than household supply
wells.
[Added 4-22-1993 by L.L. No. 2-1993]
An existing state, county or Town highway, or a way 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.
The dividing line between a street and a lot.
[Amended 4-22-1993 by L.L. No. 2-1993; 12-13-2006 by L.L. No. 30-2006; 9-28-2016 by L.L. No.
6-2016; 4-29-2020 by L.L. No. 3-2020]
Anything that is constructed or erected which requires a location
on the land or attachment to something having such location, including
but not limited to the following:
Signs or billboards.
Fences other than those less than four feet high.
Walls other than those less than four feet high.
Radio and television antennas, except for such antennas installed
on a roof of a building, which antennas shall be considered fixtures
of the building.
Pergolas, canopies, porches, patios, terraces, decks, outdoor
bins, toolsheds, carports, satellite antennas, equipment and storage
buildings or sheds, swimming pools, swimming pool filter pads, tennis,
basketball or other similar sports courts, driveways, parking areas,
doghouses or sheds.
Tents in excess of 200 square feet in total, mobile homes, trailers
or similar structures on wheels or other supports used for business
or living purposes. Tents shall not require site plan approval or
be required to meet the minimum setback requirements for a principal
or accessory structure; notwithstanding, in no case shall tents be
located in the front yard. In addition, tents shall not count toward
the calculation of gross land coverage, gross floor area and floor
area ratio. Furthermore, tents shall not require the provision of
off-street parking.
A building permit shall be required prior to the construction
or erection of any structure.
All buildings are structures. For the purposes of setback requirements,
classification of buildings as "principal" or "accessory" shall be
controlling.
A building permit shall not be required for anything equal to or less than 64 square feet in area and eight feet in height, and such shall not be considered a structure. Notwithstanding the foregoing, a building permit shall be required for the installation of a power generator of any size and for the installation out of doors of any other equipment which would generate audible noise at any property boundary. (See § 355-15Q.)
For floodplain management purposes, a "structure" shall mean
a walled and roofed building, including a gas or liquid storage tank,
that is principally above the ground, as well as a mobile home.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or wireless
support structure if it meets any of the following criteria:
[Added 11-17-2021 by L.L. No. 9-2021]
For wireless communications facilities outside the public rights-of-way,
it increases the height of the facility 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
wireless communications facilities in the public rights-of-way, it
increases the height of the facility by more than 10% or 10 feet,
whichever is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower at the level of the appurtenance, whichever
is greater; for those wireless communications facilities in the public
rights-of-way, it protrudes from the edge of the support structure
by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation of deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the wireless communications facility
unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
Any repair, reconstruction or improvement of a structure,
the cost of which exceeds 50% of the 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 occur 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 health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or the Statewide Inventory of Historic and Cultural
Resources.
For the purposes of wireless communications, any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land, upon or to which wireless
communications facilities may be attached, approved by the Municipality.
[Added 11-17-2021 by L.L. No. 9-2021]
The occasional sale of goods contained on a lot and conducted
on the same lot.
[Added 4-22-1993 by L.L. No. 2-1993]
A facility from which vehicles are dispatched and/or where
vehicles and drivers stand by for calls. Taxi and limousine dispatch
facilities shall not include courier services, delivery services and
other similar uses. Taxi and limousine dispatch facilities do not
include dispatch office facilities on a site separate from the location
where the vehicles used by the business are parked or stored between
calls, which are instead considered "business and professional offices
and studios."
[Added 7-26-2006 by L.L. No. 12-2006]
The alteration or reconstruction of a dwelling either in
its entirety or substantially down to the first floor deck, as determined
by the Town Building Inspector.
[Added 6-30-2004 by L.L. No. 5-2004]
An uncovered flat platform of earth with or without a surface
material or retaining walls. A terrace with a roof or awning shall
be considered a porch.
A device for recording the intensity of any vibration in
three mutually perpendicular directions.
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting wireless service.
[Added 11-17-2021 by L.L. No. 9-2021]
A tower and its supporting antennas, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles. Distributed
antenna system hub facilities are considered to be tower-based WCFs.
[Added 11-17-2021 by L.L. No. 9-2021]
A comprehensive plan for development of the Town, prepared
by the Planning Board pursuant to § 272-a of the Town Law,
which indicates the general location recommended for various public
works and reservations and for the general physical development of
the Town, and includes any part of such plan separately adopted and
any amendment to such plan or parts thereof.
One of two or more units in a building, which unit is designated
for and occupied exclusively as a home or residence for not more than
one family living independently of any other family, separated from
other units by a ground-to-roof party wall or walls.
[Added 4-22-1993 by L.L. No. 2-1993]
Any solid, liquid or gaseous matter, including but not limited
to gases, vapors, dusts, fumes and mists, containing properties which
by chemical means are:
A vehicular portable structure built on a chassis, designed
to be used primarily as a temporary dwelling for travel, recreation
and vacation uses, having a body width not exceeding eight feet and
a body length not exceeding 32 feet. (See also "factory-manufactured
home," "mobile home," "motor home" and "pickup coach.")
A zoning district, or sub-area thereof, in which all utility
installations are required to be installed underground on a nondiscriminatory
basis.
[Added 11-17-2021 by L.L. No. 9-2021]
The specific purpose for which land, water or a building
or structure is designed, arranged or intended or for which it is
or may be occupied or maintained.
A use which is customarily incidental and subordinate to
the principal use on a lot and located on the same lot therewith.
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful at the time this chapter or amendments thereto became
effective.
[Added 4-22-1993 by L.L. No. 2-1993]
Any person, firm, corporation or municipal agency duly authorized
to furnish to the public, under public regulation, electricity, gas,
water, sewage treatment, steam, cable television, telephone or telegraph.
For the purposes of the flood insurance program, a variance
shall be a grant of relief by the Town of North Castle, or an official
agency thereof, from the terms of a floodplain management regulation.
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public and private roads and thoroughfares.
[Added 6-24-2020 by L.L.
No. 5-2020]
Any visible or tangible obstruction to sight or passage of
humans or animals, excluding vegetation, interposed between two portions
of land or which divides a piece of land into distinct portions.
[Added 10-7-2015 by L.L.
No. 8-2015]
A structure built or designed to retain or restrain lateral
forces of soil or other materials, said materials being similar in
height to the height of the wall.
[Added 10-7-2015 by L.L.
No. 8-2015]
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 11-17-2021 by L.L. No. 9-2021]
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term “wireless accessory equipment” includes but is not
limited to utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters or similar structures.
[Added 11-17-2021 by L.L. No. 9-2021]
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of wireless service
and any commingled information services.
[Added 11-17-2021 by L.L. No. 9-2021]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 11-17-2021 by L.L. No. 9-2021]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
rights-of-way or other Municipal-owned land or private property.
[Added 11-17-2021 by L.L. No. 9-2021]
Any person that owns or operates a wireless communication
facility in the public rights-of-way or other Municipal-owned land
or private property.
[Added 11-17-2021 by L.L. No. 9-2021]
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 and unobstructed
from the ground upward, except as may be specifically authorized in
this chapter. 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.
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.
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.
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 and rear
lot line, as the case may be.
