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:
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]
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]
[Added 8-9-2011 by L.L. No. 10-2011]
In the case of a for-purchase housing unit, one 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 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
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).
In the case of a rental unit, one 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
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).
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.
A business establishment containing four or more amusement
devices.
[Added 3-23-1982 by L.L. No. 4-1982]
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]
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]
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]
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
|
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]
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]
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]
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]
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]
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 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]
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and microcell networks).
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.
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]
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]
[Amended 5-23-1995 by L.L. No. 6-1995]:
For buildings in the R-2A, R-1A, R-1/2A and R-1/4A Districts,
building height is the following:
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
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.
For buildings in all other districts, building height is the
following:
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
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.
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.
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.
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.
A building in which is or can be conducted the principal
use of the lot on which said building is situated.
A bar or restaurant, or that portion thereof, which provides
entertainment and/or dancing.
[Added 4-12-1977 by L.L. No. 3-1977]
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]
A voluntary organization, not conducted for gain, with facilities
catering principally to members and their guests for recreational,
athletic or social purposes.
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]
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]
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.
The dimension of a court at right angles to its width.
The distance from the lowest level the court is required
to serve to the top of the highest wall which bounds it.
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]
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]
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]
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]
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]
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]
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]
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]
A dwelling containing one dwelling unit only.
A building or portion thereof providing complete housekeeping
facilities for one family.
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.
A dwelling unit having no common wall with any other dwelling
unit.
[Added 3-27-1984 by L.L. No. 2-1984[4]]
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]
The vertical distance as measured from the finish grade at
the bottom of the wall (lower soil grade) to the finish grade at the
top of the wall (upper soil grade).
[Added 5-12-2020 by L.L. No. 7-2020]
[Amended 1-10-1989 by L.L. No. 1-1989]:
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
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
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]
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]
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]
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]
A monopole or tower.
[Added 4-8-1997 by L.L. No. 7-1997]
The extent of a lot along a street.
[Amended 10-9-1990 by L.L. No. 36-1990]
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.
A garage, other than a private garage, which is used principally
for the storage, rental, servicing and/or repair of motor vehicles.
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.
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]
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]
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]
Impairment requiring confinement to a wheelchair.
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.
Total or partial impairment of hearing or sight causing insecurity
or likelihood of exposure to danger in public places.
Impairment due to conditions of aging and incoordination.
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]
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]
A building for the medical and/or surgical care of sick or
injured animals.
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]
Any off-street space available for the loading or unloading
of goods. Loading shall include unloading.
A parcel of land under separate ownership, not divided by
streets.
The total area included within the boundaries of the lot.
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]
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]
A lot fronting on two or more streets, other than a corner
lot.
[Added 2-11-1985 by L.L. No. 3-1985]
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]
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]
The lines bounding a lot.
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]
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]
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]
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, 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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
Nonionizing electromagnetic radiation.
[Added 4-8-1997 by L.L. No. 7-1997]
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.
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]
Any wireless telecommunications facility that is not a small
wireless facility.
[Added 7-16-2019 by L.L.
No. 10-2019]
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.
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.
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.
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.
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
Any sign located on a lot zoned for residential purposes
that contains no for-profit, 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 or nonresidential development
identification sign.
[Added 10-14-1997 by L.L. No. 18-1997; amended 7-26-2022 by L.L. No. 10-2022]
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]
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]
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]
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.[9]
A roof with a rise of not more than 1/2 inch per foot.
[Added 5-23-1995 by L.L. No. 6-1995]
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]
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]
A kindergarten, primary or secondary school furnishing a
comprehensive curriculum of academic instruction.
An educational institution operated by a public school district,
or combined districts, under the laws of the State of New York.
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]
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]
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]
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][10]
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]
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas and backup power and related backup power equipment) is cumulatively
no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration
under Part 17 of Title 47 of the United States Code;
The facility is not located on tribal lands, as defined under
36 CFR § 800.16(x); and
The facility does not result in human exposure to radio-frequency
radiation in excess of the applicable safety standards specified in
47 CFR § 1.1307(b).
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]
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]
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[11]]
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]
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.
The dividing line between a street and a lot. (See also definition
of "lot line, front.")
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]
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]
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]
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]
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]
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.
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.
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.
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.
The modification defeats concealment and/or stealth elements
of the support structure.
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.
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]
Any body of water having an artificial bottom and/or sides
and a depth of more than two feet in any point therein.
Temporary signs are those intended to be displayed for a
limited duration in connection with a particular noncommercial event
or activity, including but not limited to signs displayed during campaigns,
drives or events of civic, political, philanthropic, not-for-profit,
charitable, educational, or religious institutions.
[Added 7-26-2022 by L.L. No. 10-2022]
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]
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]
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]
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]
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]
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.
A use which is customarily incidental and subordinate to
the principal use on a lot and located on the same lot therewith.[12]
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]
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]
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]
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]
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]
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]
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]
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]
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
[Added 7-16-2019 by L.L.
No. 10-2019]
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%
|
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]
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 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 former definition of "nonresidential development
temporary event sign," added 10-14-1997 by L.L. No. 18-1997, which immediately
followed this definition, was repealed 7-26-2022 by L.L. No. 10-2022.
[9]
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.
[10]
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.
[11]
Editor's Note: This local law also repealed the former definition
of "story, half," which immediately followed this definition.
[12]
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.Â
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.Â
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.Â
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.Â
Owner occupancy. All for-purchase nonmultifamily model ordinance
provisions affordable AFFH units must be owner-occupied.
E.Â
Unit appearance, integration and aggregation.
[Amended 12-15-2015 by L.L. No. 14-2015]
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
The model ordinance provisions affordable AFFH units shall not
be distinguishable from other units from the outside or building exteriors.
(b)Â
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)Â
(a)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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:
(2)Â
The sum of:
(a)Â
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)Â
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)Â
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.Â
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)Â
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)Â
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.Â
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.
