Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning herein indicated. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
- A building or use clearly incidental or subordinate to, and customarily in connection with, the principal building or use on the same lot.
- ACCESSORY BUSINESS COMMUNICATIONS TOWER
- A support structure for wireless communications antennas
and any typical accessory equipment located either on the ground or
atop a commercial structure, for accessory communications use by a
business entity in the course of carrying out business within the
town. Towers and accessory business communications pursuant to this
definition are distinct and separate from public communications utility
towers pursuant to this chapter, and accessory business communications
towers may not engage in the business of supplying commercial personal
wireless communications services to the public.[Added 7-12-1999 by L.L. No. 1-1999]
- ACCESSORY DWELLING UNIT
- One supplementary dwelling unit attached or contained within
a single-family dwelling unit in a residential district, limited to
not more than 40% of the living area of the principal unit. Both dwelling
units must conform to the minimum living area requirements of this
chapter and all New York State Building and Fire Codes.[Added 12-14-1987 by L.L. No. 5-1987]
- ACCOMMODATION UNIT
- Each bed, bunk, cot or other arrangement for sleeping by a single person or family.
- Forty-three thousand five hundred sixty square feet.
- A change or rearrangement in the structural parts of a building or an enlargement, whether by extending on a side or by increasing the height.
- AMATEUR RADIO TOWER
- A support structure for wireless communications antennas
and any typical accessory equipment located either on the ground or
atop a residential structure, for emergency communications or personal
use by a resident within the town. Amateur radio towers pursuant to
this definition are distinct and separate from public communications
utility towers and accessory business communications towers pursuant
to this chapter, and amateur radio operators may not engage in the
business of supplying commercial personal wireless communications
services to the public.[Added 7-12-1999 by L.L. No. 1-1999]
- ANIMAL HOSPITAL OR VETERINARY CLINIC
- A facility for the care and treatment of animals, including shelters and like facilities, other than animal kennels as defined herein.
- ANIMAL KENNEL
- Any building, structure or premises in which animals are kept, boarded or trained, in excess of the limitations prescribed for accessory use of a residence.
- Any establishment which houses more than three electronic,
video or mechanical game machines which are operated by coin or token
or the use of which involves any other means of payment or other consideration.[Added 12-12-1994 by L.L. No. 4-1994]
- A story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street and the floor level of which is below finished average grade on the periphery of the building.
- A lodging accommodation for transient guests for compensation within a single-family dwelling as authorized pursuant to provisions of the Town of Cornwall Code and Planning Board approval. Bed-and-breakfasts are of two kinds within the Town of Cornwall: bed-and-breakfast residence, permitted pursuant to Cornwall Code § 158-21U, and bed-and-breakfast inn, permitted pursuant to § 158-21V.[Added 12-14-1987 by L.L. No. 5-1987; amended 9-12-2016 by L.L. No. 6-2016]
- A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.
- BUFFER AREA
- An open and unobstructed ground area of a plot left in its natural state, planted or screened, as may be directed by the appropriate Town agency, where required. Parking, loading and storage are not allowed in a "buffer area." Access drives may be permitted in the buffer along the front lot line.
- Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above the same as if no building was present. The term "building" shall include the term "structure" as well as the following:
- A. Signs.
- B. Fences.
- C. Walls, other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 61/2 feet at the lower ground level.
- D. Radio and television receiving and transmitting towers and antennas, except for such antennas installed on the roof of a building and extending not more than 20 feet above the highest level of the roof of such building.
- E. Porches, outdoor bins and other similar structures.
- One or more temporary or permanent tents, buildings or structures, but not trailers, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and normally not arranged or intended for such occupancy, except during the period or part of the period from April 1 to December 1 in any year.
- Any space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible number of stories.
- CLUBHOUSE OR LODGE
- A building, structure, lot or land area used as a private club or social organization with annual membership dues and not conducted for profit or gain.
- COURT, INNER
- An open space enclosed on all sides by exterior walls of a building.
- COURT, OUTER
- An open space enclosed on three sides by exterior walls of a building.
- COURT, OUTER, DEPTH OF
- The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
- COURT, OUTER, WIDTH OF
- The linear dimension of the unenclosed side of the court.
- COVERAGE, BUILDING
- The percentage of the area of the lot covered by a building or buildings.
- COVERAGE, DEVELOPMENT
- The percentage of the area of a lot covered by buildings, parking areas, accessory structures and any impervious materials, including natural impervious areas.
- See Chapter A161, Street Specifications for Town Roads, § A161-19.[Added 12-14-1987 by L.L. No. 5-1987]
- DAY-CARE CENTER
- A facility which is not a school but provides child-care
services to five or more children.[Added 12-14-1987 by L.L. No. 5-1987]
- DOMESTIC ANIMALS
- Animals such as dogs, cats, rabbits, fowl, sheep, goats,
horses or cattle which are kept on a developed residential lot either
as household pets, for personal recreation use and/or for the purpose
of providing fresh dairy products to the residents of the lot for
personal consumption and not for commercial sale.[Added 3-12-1984 by L.L. No. 1-1984]
- DORMITORY OR FRATERNITY HOUSE
- A building or part of a building containing a minimum of 15 private (occupied by one person) or semiprivate (occupied by not more than two persons) rooms which open to a common hallway, which rooms are sleeping quarters for administrative staff, faculty or students, along with communal bathroom, dining, cooking, laundry, lounge and recreation facilities, as required. Dormitory rooms shall not contain separate cooking, dining or housekeeping facilities, except that one dwelling unit with complete housekeeping facilities may be provided for use of a superintendent or supervising staff for every 50 dormitory rooms or major part thereof. No more than one communal dining room shall be provided in any building or structure used for dormitory purposes. Single-family, two-family and/or other multiple residential facilities other than that described above are not to be considered as dormitories.
- A privately owned and maintained accessway connecting a single
residence or business to a public or private road. Driveways to properties
with multifamily uses or with one or more commercial uses are addressed
separately within this chapter.[Added 12-14-1987 by L.L. No. 5-1987; amended 12-12-1994 by L.L. No. 4-1994]
- Any area, lot or parcel for the storage or abandonment of refuse.
- DUSTLESS SURFACE
- A surface which is adequately covered with a finished concrete
surface, blacktop, double-surface treatment oil (applied at 1/2 gallon
per square foot per application) and chip surface, or other finished
surfaces accepted by the Planning Board. The type of dustless surface
to be utilized shall be that deemed appropriate by the Planning Board.[Amended 12-12-1994 by L.L. No. 4-1994]
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- DWELLING, TOWNHOUSE, ATTACHED OR ROW
- A one-family dwelling on a separate lot of record with two common or party walls separating it from adjacent units on both sides.
- DWELLING, TWO-FAMILY
- A detached building containing two dwelling units on a single lot of record.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, having no enclosed space other than vestibules, entrances or other hallways or porches or cooking or sanitary facilities in common with any other dwelling unit. A trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit. "Dwelling unit" shall be abbreviated as "d.u."
- EARTH OPERATION
- Any landfill, excavation or removal of earth products, including but not limited to the removal of topsoil, landfill operations, sand, gravel, clay or stone pits. The removal of topsoil and landfill operations for the necessary and normal operations directly undertaken in connection with the construction of a building for which a building permit has been issued or the development of a subdivision in accordance with an approved plat are not within the purview of this definition.
- ELECTRONIC CHANGING MESSAGE CENTERS
- A sign or device that is or may be controlled by electronic
device so as to vary its display, either to vary the text of the message
itself or the manner in which the lighted message is displayed (e.g.,
flashing, appearing to move across a screen).[Added 7-12-1999 by L.L. No. 1-1999]
- ESSENTIAL SERVICE
- The use of land or the erection, construction, alteration or maintenance of facilities, by public utilities or municipal or other governmental agencies other than the Town of Cornwall, for the production of energy or structures accessory thereto, storage of materials or products, reduction or processing of products incidental thereto, including transformer stations (other than those mounted upon poles or completely underground or providing house voltage service), transmission towers, lines and easements for regional distribution of power and any facilities incidental thereto, cooling towers, central or branch telephone exchanges, gas transmission facilities other than those entirely underground, structures or buildings incidental to operation of the Thruway, transportation authorities, federal government installations not otherwise wholly or partially exempted by the Congress of the United States from local regulation or the installation by state agencies or authorities or instrumentalities thereof of any structure, building or facility to the extent provided by law and as may be regulated by the Town of Cornwall pursuant to § 10 of the Municipal Home Rule Law.
- ESSENTIAL SERVICE, OPEN
- The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories therewith, reasonably necessary for the furnishing of local service by such public utilities or municipal or other governmental agencies for the public health, safety or general welfare.
- EXTERIOR ARCHITECTURAL FEATURE
- The architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way, including kind, color and texture of building materials and type of all windows, doors, lights, signs and other fixtures appurtenant to such portion.
- One or more persons living together as a single nonprofit
housekeeping unit using all rooms and housekeeping facilities of a
dwelling unit in common. Any such number of persons shall not be deemed
to constitute a family if any one of such persons does not have lawful
access to common rooms of said dwelling unit or if any one or more
of such persons leases or rents any separate portion of such dwelling
unit from any other person. Except that up to two additional persons
may room or board with a family, as long as they share the use of
all common rooms and housekeeping facilities.[Amended 12-12-1994 by L.L. No. 4-1994]
- FAMILY AND GROUP CARE FACILITY
- A use providing room and board, recreational, counseling or other rehabilitative service or facilities to individuals who, by reason of mental or physical disability, addiction to drugs or alcohol or family and school adjustment problems, require specialized attention and care in order to achieve personal independence. Individuals participating in a work release or similar program from a state institution or under the supervision of a court, state or local agency shall be included within this definition. Such uses include halfway houses, boarding homes for three or more foster children, group homes and shelters.
- A barrier customarily and typically made of wooden or metal
posts, wires or boards, stones or similar construction, intended to
enclose an area.[Added 12-12-1994 by L.L. No. 4-1994]
- FILLING STATION
- A facility supplying and selling retail gasoline or other
equivalent fuel for motor vehicles, either self-service or where an
attendant pumps fuel. A filling station is distinct from a gasoline
service facility in that a filling station offers no service or repair
of motor vehicles. A filling station shall be considered to be a permitted
accessory with a convenience retail use. A filling station may also
have as an accessory a convenience retail use.[Added 12-12-1994 by L.L. No. 4-1994]
- FLOOR AREA
- The sum of the gross horizontal areas of the several floors of a building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.
- FLOOR AREA, LIVABLE
- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square foot area of the room. Livable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.
- FLOOR AREA RATIO
- The floor area in square feet of all buildings on a lot, divided by the area of such lot in square feet.
- FORESTRY, COMMERCIAL
- The harvesting, cutting and/or removal of timber or other
forest products for commercial purposes on any lot of five acres or
more, together with all the work incidental thereto, such as road
building, erosion control measures, firebreak construction and fire
hazard abatements, whether or not such operations are preparatory
to the development of land for other uses. No clearcutting of every
tree within an area greater than 20,000 square feet shall be permitted
on any lot except for clearing for agricultural purposes within an
Agricultural District established pursuant to New York State law,
or prescribed cutting pursuant to a state-approved forest management
program, or pursuant to clearing shown on an approved subdivision
plan or site plan.[Amended 7-12-1999 by L.L. No. 1-1999]
- GARAGE, PRIVATE
- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein and no space therein for more than one car is leased to a nonresident of the premises.
- GARAGE, REPAIR
- Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
- GASOLINE SERVICE FACILITY
- A building or other structure or a tract of land used or heretofore used for the servicing of motor vehicles. It shall signify a retail place of business engaged in the sale of motor fuels and also in supplying goods and services generally required in the operation and maintenance of motor vehicles, to include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services and the performance of routine automotive maintenance and repairs. Sale of other retail products from the premises shall not be deemed to affect the use of the facility as a gasoline service facility.
- GATEHOUSE/WATCHMAN'S QUARTERS
- A structure for someone to work in, not designed as living
quarters, unless specifically so approved by the Planning Board.[Added 12-14-1987 by L.L. No. 5-1987; amended 7-12-1999 by L.L. No. 1-1999]
- HEALTH CLUB
- An indoor or combined indoor and outdoor recreational and exercise facility, not intended primarily for therapeutic uses, that may include such facilities as weight-lifting equipment, indoor or outdoor running tracks, swimming pools, tennis courts, squash courts, racquetball courts, exercise machines such as saunas, showers and dressing rooms, but excluding such facilities as ice skating or roller rinks, indoor or outdoor firearm ranges or any facility involving the use or discharge of firearms, whether with or without live ammunition, and also excluding arcades as defined by this chapter. Golf courses shall be excluded as accessories to a health club, and shall only be permitted in association with a health club as a separate use where such golf course is specifically permitted elsewhere pursuant to Article IV of this chapter.[Added 12-12-1994 by L.L. No. 4-1994]
- The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure, excluding a chimney.
- HOLIDAY, PUBLIC
- As defined by § 24 of the General Construction
Law of the State of New York, together with such other days as may
be designated public holidays by resolution of the Town Board of the
Town of Cornwall.[Amended 12-14-1987 by L.L. No. 5-1987]
- HOME OCCUPATION
- Any gainful personal service occupation customarily conducted
within a dwelling for living purposes and which does not change the
character of the structure as a residence. Said activity shall not
occupy more than 1/3 of the ground floor area of the dwelling or its
equivalent elsewhere in the dwelling if so used. Permissible home
occupations include but are not limited to the following: art studio;
dressmaking and the teaching of music, dance and other instruction,
provided that any such music, dance or other instruction shall be
limited to teaching one pupil at a time.[Amended 12-14-1987 by L.L. No. 5-1987; 12-12-1994 by L.L. No. 4-1994]
- HOME PROFESSIONAL OFFICE
- Any gainful service occupation customarily conducted within
a dwelling by the residents thereof, clearly secondary to the use
of the dwelling for living purposes and which does not change the
character of the structure as a residence. Said activity shall not
occupy more than 1/3 of the ground floor area of the dwelling or its
equivalent elsewhere in the dwelling if so used. Permissible home
professional offices include but are not limited to the following:
offices of a clergyman, lawyer, physician, dentist, architect, engineer,
licensed real estate broker, insurance salesperson or accountant;
other instruction limited to teaching of music, dancing and the like.
Said activity may have one partner or associate in the practice of
such profession and employ no more than two persons and create no
public nuisance.[Amended 12-12-1994 by L.L. No. 4-1994]
- A hospital is a facility established pursuant to Article
28 of the New York State Public Health Law as the same may be amended
from time to time. The term "hospital" shall include such other and
related facilities which may or may not be established pursuant to
Article 28 of the New York State Public Health Law, including but
not limited to laboratories, out-patient, diagnostic and treatment
facilities and pharmacy, together with the appropriate office and
related support facilities.[Added 8-6-2007 by L.L. No. 1-2007]
- A facility providing lodging accommodations for transient
guests for compensation; may offer additional services or amenities
such as a pool, restaurant or meeting rooms. Hotels are typically
arranged to have room access from an interior corridor.[Amended 9-12-2016 by L.L. No. 6-2016]
- Any area of land, including buildings thereon, which is used primarily for the collection, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. Two or more motor vehicles stored outside without current license plates for a period of 30 days shall constitute a junkyard.
- A building for experimentation in pure or applied research, design, development and production of prototype machines or of new products and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any material or products.
- Animals, including but not limited to domestic animals such as sheep, horses, cattle, goats, poultry and pigs.
- Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings, if any, together with the required open spaces appurtenant to such building or group of buildings.
- LOT AREA, BUILDABLE
- At least 3,000 square feet of net or usable lot area with
a minimum dimension of 40 feet within the building envelope (the area
of the lot that is contained within the required yard setbacks) that
is sloped 20% or less prior to grading shall be provided for construction
of each dwelling on a residential lot.[Added 6-13-2005 by L.L. No. 3-2005]
- LOT AREA or GROSS LOT AREA
- The total horizontal area included within the property lines
of a lot.[Amended 12-14-1987 by L.L. No. 5-1987; 12-12-1994 by L.L. No. 4-1994; 6-13-2005 by L.L. No. 3-2005]
- LOT AREA, USABLE or NET LOT AREA
- The total horizontal area included within the property lines
of a lot, but specifically excluding:[Added 6-13-2005 by L.L. No. 3-2005]
- A. The area of the lot between any two property lines, the shortest dimension of which is less than 1/4 the minimum lot width, except where such two property lines intersect at an angle of 75° (interior angle) or greater; and
- B. Any area included within a right-of-way or easement existing prior to site approval that precludes the future development of the encumbered land in any manner; and
- C. The area of a lot covered by natural existing water bodies, which has been delineated as a state or federal wetland; and
- D. Any area within the one-hundred-year floodplain shown on a FEMA map and areas subject to tidal inundation; and
- E. All areas of a lot with over 5,000 square feet of contiguous land having a slope in excess of 25%.
- LOT, CORNER
- A lot at the junction of or abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.
- LOT DEPTH
- The minimum distance from the street line of a lot to the rear lot line of such lot.
- LOT LINE
- Any boundary of a lot other than a street line.
- LOT LINE, REAR
- The lot line generally opposite the street line. If the rear lot line is less than 10 feet in length or if the lot comes to a point in 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 farthest from the front lot line.
- LOT WIDTH
- The distance between side lot lines as measured perpendicular
to the side lot lines and parallel to the road, as measured at both
the required front yard and rear yard setback lines, with the measurement
at the required front yard setback meeting the required lot width
measurement listed in the bulk tables and the measurement at the rear yard setback being not
less than 80% of the lot width measurement listed in the bulk tables.
Existing lots and lots which are already included in a filed plat
or on a plat which has received either preliminary or final approval
from the Planning Board on or before the effective date of this provision
which do not meet such requirement will be considered conforming lots
pursuant to this chapter.[Amended 12-12-1994 by L.L. No. 4-1994; 7-12-1999 by L.L. No. 1-1999]
- MAIN FLOOR
- The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building.
- Any process whereby the nature, size or shape of articles or raw materials are changed or where articles are assembled or packaged in quantity.
- MANUFACTURING, LIGHT
- Any process whereby the nature, size or shape of articles or raw materials are changed or where articles are assembled such that no chemical or compressive processes are required and whose finished size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds per unit.
- MEDICAL AND DENTAL CLINICS
- Any facility in which three or more physicians and paraprofessionals
and/or dentists practice cooperatively for the diagnosis and treatment
of patients.[Amended 12-14-1987 by L.L. No. 5-1987]
- MOBILE HOME
- A detached, movable, residential dwelling unit in one or
more sections, each capable of being mounted on wheels attached to
the chassis and undercarriage, at least 40 feet long and 10 feet wide
and designed for transportation, after fabrication, on streets or
highways on its own wheels and arriving at the site where it is to
be occupied as a dwelling complete with lavatory and toilet facilities
and ready for occupancy except for minor and incidental unpacking
and assembly operations, location on jacks or other temporary or permanent
foundation, connections to utilities and the like. See also definition
of "modular home" as distinguished from "mobile home." See also definition
of "trailer" for all other vehicular living quarters not included
in "mobile home." A mobile home as defined above shall be permitted
in the Town of Cornwall only within a mobile home development as defined
herein.[Amended 5-14-1984 by L.L. No. 3-1984, 12-14-1987 by L.L. No. 5-1987]
- MOBILE HOME DEVELOPMENT
- A use of land designed for installation and support of mobile homes on rented or leased sites with privately owned and maintained drives for access to individual mobile home sites, whether or not such homes or sites are individually assessed.
- MODULAR HOME OR DWELLING
- A dwelling unit partially assembled at a distant site and
transported to a lot of record for final assembly and installation
over a conventional cellar or basement with subsequent installation
and/or connection of heating and plumbing sections. Modular homes
are deemed single-family detached dwellings or two-family or multiple
dwellings where such units conform in all respects to the requirements
of this chapter and the New York State Fire Prevention and Building
Construction Code.[Amended 12-14-1987 by L.L. No. 5-1987]
- MOTEL or MOTOR LODGE HOTEL
- A roadside facility providing lodging accommodations for
transient guests for compensation; may consist of more than one building,
and typically offers direct exterior access to guest rooms with parking
adjacent to each guest room. The term "motel" may also be known as
a "motor lodge" or "motor court," and shall not be construed to include
mobile or immobile trailers.[Amended 9-12-2016 by L.L. No. 6-2016]
- MULTIPLE RESIDENCE
- A building or portion thereof containing three or more dwelling units on a single lot of record. "Multiple residence" includes condominium, cooperative or rental ownership arrangements.
- MULTIPLE RESIDENCE DEVELOPMENT
- The use of land for multiple residences in one or more buildings and accessory recreational and service structures, designed and operated as a unit.
- NONCOMPLYING BUILDING
- A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure, which does not conform to the building regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
- NONCONFORMING USE
- Any use of a building or structure, lot or land or part thereof, lawfully existing at the effective date of this chapter or any amendments thereto affecting such use, which does not conform to the use regulations of this chapter for the district in which it is located.
- OFFICIAL ZONING MAP
- The Official Zoning Map, adopted and established by the Town
Board, of that part of the Town outside of the limits of the incorporated
village. The Official Zoning Map is hereby declared to be established
to conserve and protect the public health, safety and general welfare.[Amended 12-14-1987 by L.L. No. 5-1987]
- OPEN LOT AREA
- An unenclosed portion of the ground area of a lot, excluding
land under water three or more months of the year and all exposed
bedrock, which contains slopes not exceeding 20%, is free of structures
of any kind and is available and accessible to all domestic animals
on said lot for purposes of active or passive outdoor activities.[Added 3-12-1984 by L.L. No. 1-1984]
- OWNERSHIP, SAME
- Includes all vested or contingent interests of any person or his agent, representative, successor or assignee, and irrespective of whether or not such interest is recorded, in the following circumstances:
- A. Direct ownership by such person or his or her child, parent, sibling or spouse of sibling, heir or next of kin or agent, corporation, firm, entity, partnership or unincorporated association.
- B. Property owned by different corporations, firms, partnerships, entities or unincorporated associations in which such a person is a stockholder, a partner or associate or his or her child, parent, sibling or spouse of sibling, heir or next of kin owns a ten-percent or greater interest in each corporation, firm, partnership, entity or unincorporated association.
- C. When such person or his estate, successors or assigns or any person or entity included in Subsections A and B herein may be materially or substantively affected by the relief sought or by any determination in any proceeding sought before any board, body, commission or agency of the Town of Cornwall, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
- PARKING AREA
- A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
- PARKING SPACE
- A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
- PERSONAL SERVICE SHOP
- Any commercial facility in which the product offered is the work or action performed, as in shoe repair shops and typewriter repair facilities.
- PLANNED INDUSTRIAL DEVELOPMENT
- A building or group of buildings and accessory structures and uses thereto designed and managed as a unit containing a variety of industrial, manufacturing, research and office facilities, subject to performance standards and approval by the Town Board. Where individual sites within the development are to be leased or sold, arrangements approved by the Town Board for the operation and maintenance of such sites must be incorporated in continuing covenants or development restrictions.
- PRINCIPAL BUILDING
- A building in which is conducted the main or principal use of the lot on which said building is located. Where more than one use is on a lot, the lower or more intense use of the lot shall be considered the principal use.
- PUBLIC SEWER; PUBLIC WATER
- Sewage disposal and water supply systems approved by Town authorities for municipal operation. "Public sewer" shall mean a sewage disposal system which, if not within an existing district, must be in a location in the Town so as to be integrated into an existing or projected municipal sewer system, with the determination to be made by the Town Board or the Town Planning Board on advice of the Town Engineer. "Public water" shall mean a public water supply system approved by Town authorities for municipal operation.
- RESIDENCE DISTRICT
- The districts listed in the Table of General Use Regulations Residential Districts.
- ROAD, LOCAL
- A classification of street shown on the Official Map as a local road or, in the absence of such, as determined by the Planning Board to be a street primarily functioning to provide access to the property fronting on such street and not for the collection or through movement of traffic to the main arterial streets.
- ROAD, PRIVATE
- A road privately owned and maintained as an accessway from
more than one driveway to up to four driveways to a public road or
street. Up to two additional lots may use the private road (if a private
agreement so allows), provided that those two additional lots have
the minimum required frontage on a public road.[Added 12-14-1987 by L.L. No. 5-1987; amended 12-12-1994 by L.L. No. 4-1994]
- SCHOOL, PRIVATE
- An institution offering courses of an academic nature leading to a recognized degree or education level of the New York State Board of Regents or offering a specialized course leading to professional licensing by the New York State Education Department, but specifically not including schools of a trade, commercial or vocational nature, and whether or not such institution is operated for profit.
- SCHOOLS OF SPECIAL INSTRUCTION
- Any nonpublic school conducting a regularly scheduled curriculum of special or vocational study.
- A. A strip at least 10 feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will form a year-round dense screen at least six feet high within three years; or
- B. An opaque wall or barrier or uniformly painted fence at least six feet high; or
- C. Other screening.
- (1) Any other islands, barriers, emplacements, walls, fences, trees, plantings, shrubbery or other artificial or natural dividing strip or marker of any kind where located on the site, conditioned or required in any building permit, certificate of occupancy, site plan, subdivision approval, special permit, variance, zone change or other requirement of any board, agency, commission or official of the Town of Cornwall pursuant to this chapter.
- (2) Such screening shall be maintained in good condition at all times and may have normal entrances and exits, but shall have no signs affixed to or hung in relation to the outside thereof, except the following: for each entrance, one directional arrow with the name of the establishment with "For Patrons Only" or like limitation, not over two square feet in area, which shall be nonilluminated. Where required in the zoning district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties.
- SHOPPING CENTER
- A facility containing a variety of retail and service facilities in a coordinated design under single management and with joint parking and accessory facilities.
- Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A sign includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.
- SIGN AREA
- Includes all faces of a sign measured as follows:
- A. When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
- B. When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
- SIGN, BUSINESS
- A sign which directs attention to a business, profession or other activity conducted on the property where such sign is located.
- SIGN, INDIRECTLY ILLUMINATED
- A sign illuminated by devices that are not exposed tubes, bulbs or other exposed light sources and may include interior illumination shielded by translucent facing materials.
- SIGN, WALL AREA
- The area of a building wall fronting on a street, not including doors and windows.
- SOLID WASTE OR REFUSE
- Useless, unwanted or discarded material with insufficient liquid content to be free-flowing.
- A. Agricultural solid waste that results from the raising and slaughtering of animals and the processing of animal products and orchard and field crops.
- B. Commercial waste generated by stores, offices and other activities that do not actually turn out a product.
- C. Industrial wastes that result from industrial processes and manufacturing.
- D. Institutional waste originating from educational, health care and research facilities.
- E. Municipal, residential and commercial solid waste generated within a community.
- F. Pesticidal residue from the manufacturing, handling or use of chemicals intended for killing plant and animal pests.
- G. Residential waste that normally originates in a residential environment, sometimes called "domestic solid waste."
- STABLES, RIDING ACADEMY
- Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
- That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
- A street, improved to the satisfaction of the Town Board,
which is one of the following: an existing town, county or state highway
or street; a street shown on an approved subdivision final plat; a
street shown on a map filed with the County Clerk (in accordance with
§ 280-a of the Town Law) prior to Planning Board authorization
to review subdivisions; a street listed by the Town in the Official
Inventory of Streets and Roads.[Amended 12-14-1987 by L.L. No. 5-1987]
- STREET LINE
- The line between the street and a lot, or a line established by the Official Map as the street right-of-way, whether or not in public ownership.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as beams, columns or girders.
- A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, billboards, display signs and clothes-drying lines.
- Any separation of land from one parcel to two or more.[Added 12-14-1987 by L.L. No. 5-1987]
- SUITABLE GRAZING LAND
- Open lot area which is planted with pasture crops appropriate
to the needs of animals grazing thereon.[Added 3-12-1984 by L.L. No. 1-1984]
- SUMMER COTTAGE OR BUNGALOW
- A detached dwelling unit with other such units on a single tract of land, which is arranged, designed and intended to be used or occupied only during or part of the period from April 1 to December 1 in any year.
- SWIMMING POOL, PUBLIC
- Any constructed body of water exceeding 18 inches in depth or structure to contain water and any accessory buildings or equipment pertaining thereto which are operated for profit or gain and are used or intended to be used for swimming or bathing by persons who pay admission on a daily, weekly or other basis, including season tickets.
- TOPOGRAPHICAL ALTERATION
- Any change in the configuration of a surface area, including its relief, relative elevations and position of natural or man-made features, except those changes incidental to or normally part of agricultural operations or home gardening. In all cases, removal of trees over eight inches in diameter as measured three feet above the ground shall be considered a topographical alteration.
- TOWN ATTORNEY
- The duly designated Attorney or legal adviser of the Town of Cornwall.
- Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include such vehicles mounted on temporary or permanent foundations with the wheels removed.
- TRUCK TERMINAL
- A facility where goods owned by others are being transported
or transferred by and from trucks and, where trucks, owned by the
terminal or an affiliate, are leased, repaired, serviced, maintained
and/or temporarily stored.[Added 6-13-2005 by L.L. No. 3-2005]
- USABLE OPEN SPACE
- An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet with a ground slope of less than 10% and which is available and accessible to all occupants of the buildings on said lot for purposes of active or passive outdoor recreation.
- The specific purpose for which land or a building is used or occupied or maintained.
- USE, ACCESSORY
- A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building.
- VACATION CAMPGROUNDS
- A tract of land used for overnight and short-duration vacation camping, seasonal and recreational occupancy and the like, including such uses and structures as trailer courts, summer cottages, bungalows, campgrounds, cabins or similar recreational uses of like appellation, occupied on a day-to-day basis.
- YARD, FRONT
- An unoccupied ground area fully open to the sky between the street line, or between the street line established by the Official Map of the Town or an approved subdivision plat, and a line drawn parallel thereto.
- YARD LINE
- A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
- YARD, REAR
- An unoccupied ground area fully open to the sky between the
rear lot line and a line parallel thereto. For corner lots, the rear
yard shall be designated as the one opposite the road of a higher
classification as set forth in the Town Street Specifications for
Town Roads, in cases where the lot fronts on roads of two differing
classifications; otherwise, the rear yard is the one opposite the
principal road from which the house takes its access.[Amended 12-12-1994 by L.L. No. 4-1994]
- YARD SALE OR GARAGE SALE
- Limited to a total of eight days per calendar year for all
dwelling units on a tax lot.[Added 7-12-1999 by L.L. No. 1-1999]
- YARD, SIDE
- An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto between the front and rear yards.