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, maintained, made available
or offered for use.
Unless otherwise expressly stated, as used in this chapter,
the following terms shall have the meanings indicated:
A private driveway or private right-of-way providing vehicular
access to the buildable area of a proposed subdivision.
[Added 7-16-1993 by L.L. No. 2-1993]
A building, structure or use clearly incidental or subordinate
to the principal building or use on the same lot.
A separate dwelling unit with its own cooking, sanitary and
sleeping facilities and occupied by no more than one family for living
purposes, which accessory apartment is a part of, subordinate and
incidental to a single-family dwelling located on the same individual
lot, and wherein the principal single-family dwelling is owner-occupied.
[Added 2-22-1999 by L.L. No. 2-1999; amended 9-18-2017 by L.L. No. 4-2017]
Any parcel of land used in the raising of agricultural products,
livestock or poultry or dairy farming, including necessary farm structures
and machinery and the storage of equipment used. Such shall include
any parcel where trees, shrubs, vines and/or flower and vegetable
plants are grown before being offered for sale and transplanting.
It excludes the raising of fur-bearing animals, riding academies,
livery or boarding stables and dog kennels.
As applied to a building or structure, a change or rearrangement
in the supporting members or an enlargement, whether by extending
on a side or by increasing in height.
An establishment for the diagnosis, treatment or other care
of sick or injured animals. The boarding or keeping of animals for
nonmedical purposes shall not be permitted.
A series of single-family residences attached by party walls
with other single-family residences and oriented so that all exists
open to the outside. Such shall not be placed or located on any lot
except in cluster developments.
A story, partly underground, but having at least 1/2 of its
interior height measured from floor to finished ceiling above the
average finishing grade level of the ground immediately adjacent to
the building.
A dwelling in which rooms are rented to transient guests
with limited and defined food service available at a stated price.
[Added 7-11-1995 by L.L. No. 2-1995]
A structure constructed or erected on the ground with a roof
supported by columns or walls. Structures divided by unpierced division
walls extending from the ground to the roof shall be deemed to be
separate "buildings."
A space having more than 1/2 of its height below the average
finished grade level of the ground immediately adjacent to the building.
A "cellar" shall not be counted as a story.
A subdistrict within a portion of the Suburban Residential
District in which a building, structure, lot or land or part thereof
is used for commercial, business, office and other related uses. The
uses in the subdistrict that may be established shall be allowed only
on specific properties or parts thereof as shown on the Zoning Map,
and only under specified conditions.
A building or structure used as a club or social organization,
with or without annual membership dues, whether or not conducted for
gain or profit. A "clubhouse" may be included in, part of or required
in connection with an outdoor or public recreation area or similar
such uses and activities.
A type of residential subdivision in which the permissible
number of dwelling units that would result in a given district under
conventional application of this chapter is allowed to be concentrated
on a smaller portion of the land through the utilization of more flexible
standards and requirements which permit a more creative, attractive
and efficient use of land under the authority of § 7-738
of the Village Law.
Any motor vehicle registered by any state as a commercial
vehicle having a length greater than 25 feet or a gross vehicle weight
greater than 14,500 pounds.
[Added 9-15-1997 by L.L. No. 5-1997]
A parcel or parcels of land or an area of water or a combination
of land and water within a site designed for cluster development,
senior citizen housing or any other residential development, intended
for the recreational use and enjoyment of residents of the development.
Said "common open space" does not include streets, driveways, parking
areas, rights-of-way or easements for aboveground utilities. Buffer
areas and structures intended for recreational purposes may be included
as "common open space."
The Comprehensive Plan adopted by the Planning Board for
the development of the entire area of the Village of Cornwall-on-Hudson
pursuant to § 7-722 of the Village Law, and includes any
part of such plan separately adopted and any amendments to each plan
or parts thereof.
A district intended primarily for residential purposes, including,
for the most part, areas of the Village which are normally more difficult
to develop and where large lot sizes are necessary so as to preserve
the character of these areas.
A district intended primarily for large-lot residential purposes
so that the natural and scenic qualities of the landscape are preserved
and a sense of rural character are retained to the maximum extent
possible.
A lot or tract of land, together with buildings or structures,
including areas for sports, recreational facilities, informal education
and entertainment activities normally established or maintained to
provide daily care and/or instruction for children during the summer
months only, having no living quarters and requiring or not requiring
compensation or fees.
Site preparation, including the removal of vegetation and/or
the filling, excavation, regrading or removal of soil, rock or retaining
structures in areas of steep slopes, whether by labor, machine or
explosive. The condition of disturbance shall be deemed to continue
until the area of disturbance is returned to its original state or
to a state complying with a steep slopes permit.
[Added 7-16-1993 by L.L. No. 2-1993]
A building arranged, intended or designed to be occupied
by one or more families living independently of each other.
One or more rooms with provision for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
One or more persons having a common domestic bond who live
together in one dwelling unit as a traditional family or its functional
equivalent, headed by one or more resident persons who have authority
over the care, functioning or management of their common household.
[Amended 12-15-2003 by L.L. No. 1-2003]
Such fee or fee schedule as may be adopted, from time to
time, by resolution of the Village Board.
The sum of the gross horizontal area of the several floors
of a building excluding cellar and basement floor areas not devoted
to residential use, but including the area of roofed porches and roofed
terraces. All dimensions shall be measured between exterior faces
of walls.
[Amended 8-21-2000 by L.L. No. 2-2000]
A building or part thereof used for the storage or parking
of one or more motor vehicles.
A garage, other than a private garage, available to the public
for the storage of vehicles, with or without the payment of rent or
charges and/or other considerations.
An accessory building or accessory part thereof intended
for and used to store the private vehicles of the family or families
resident upon the premises.
A facility operated by an agency that is regulated or licensed
by the New York State Department of Social Services or the Department
of Mental Hygiene to provide resident services amid twenty-four-hour
supervision to not more than 12 persons. Such facility is headed by
an agency-approved staff and functions as a single housekeeping unit.
[Added 12-15-2003 by L.L. No. 1-2003]
A "living room" within a dwelling unit, exclusive of kitchens,
foyers, bathrooms, toilets, public or private halls or corridors,
and dining alcoves, dinettes or other dining spaces (without limit
as to size) when not separated by walls or doors from other habitable
rooms or cooking spaces.
The vertical distance measured from the average elevation
of the finished grade along the side of the building or structure
to the highest point of the building or structure, excluding a chimney.
Any occupation, activity or use carried out by the inhabitants
for gain, profit or financial support that is clearly a customary,
incidental and secondary use of a residential dwelling unit.
[Added 11-18-1991 by L.L. No. 8-1991]
The professional office of a lawyer, architect, engineer,
physician, surgeon, dentist, chiropractor, real estate broker, accountant,
tax consultant or other practitioner of a recognized licensed profession
conducted as a secondary and incidental use of a dwelling unit.
[Amended 11-18-1991 by L.L. No. 8-1991]
A building or buildings containing rooms intended or designed
to be used or which are used, rented or hired out for sleeping purposes
by guests. Such may include a general kitchen and dining room within
the building or in an accessory building and recreational facilities
and meeting or conference rooms as well.
A district in which a building, structure, lot or land, or
part thereof, is used for industry, manufacturing, research and similar
such uses.
A building for experimentation in pure or applied research,
design and production of prototype machines or new products and uses
accessory thereto.
Planting such as trees, grass and shrubs.
All spaces within the exterior walls of a dwelling, exclusive
of garages, breezeways, unheated porches, cellars, areas with less
than a clear height of seven feet six inches and utility rooms. "Livable
floor area" shall include all spaces not otherwise excluded above
such as principal rooms, bathrooms, all closets and hallways opening
directly into any rooms within the dwelling.
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 or by a group of buildings and accessory
uses and buildings, if any, together with the open spaces required
in connection with such building or group of buildings.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
The portion of the lot area covered by the area of all buildings
and structures thereon.
[Amended 8-21-2000 by L.L. No. 2-2000]
Any boundary of a lot other than a street line. Any "lot
line" not a front lot line nor a rear lot line shall be deemed a side
lot line.
The line of a street on which a lot fronts or abuts. On a
corner lot, the owner may specify the "front lot line" on the plot
plan.
The lot line generally parallel and opposite to the front
lot line.
The average distance between side lot lines taken at the
building location and measured at right angles to the side lot lines
or along a parallel to the street.
Any process whereby the nature, size or shape of articles
or raw materials are changed or where articles are assembled or packed
in quantity.
Any facility in which a physician or dentist practices, or
in which two or more physicians or dentists practice cooperatively,
for the diagnosis and treatment of patients.
A transportable, single-family residence equipped for year-round
occupancy and containing the same water supply, waste disposal, heating
and electrical conveniences as immobile housing and which must conform
to the New York State Building Code[1] pertaining to such structures. A "mobile home" or "house
trailer" shall not be placed or located on any lot or premises except
in a mobile home court or trailer court.
An area of land under single ownership, which has been planned
and improved for the placement of two or more mobile homes or house
trailers for nontransient dwelling purposes. The selling of mobile
homes or house trailers in a mobile home court or trailer court is
prohibited.
Any establishment consisting of a building or group of buildings
providing living and/or sleeping accommodations with individual bathrooms
and designed for use by transient automobile travelers and provided
with accessory off-street parking areas. Such may include a restaurant,
meeting or conference rooms and recreational facilities as well. The
term "motel" includes buildings designated as "tourist courts," "motor
lodges," "auto courts" and similar appellations.
An arrangement of a building or buildings, the occupancy
of which is intended for three or more families living independently
of each other in separate dwelling units.
Any area, lot, building or structure owned or operated by
the Village of Cornwall-on-Hudson.
A building, structure or use that does not conform to the
regulations prescribed for the district in which it is situated.
A school designed to provide daytime care or instruction
to two or more children from two to five years of age, inclusive,
and operated on a regular basis.
[Amended 9-8-1980 by L.L. No. 4-1980; 12-15-2003 by L.L. No.
1-2003]:
NURSING OR CONVALESCENT HOMEA facility providing nursing care to sick, invalid, disabled or convalescent persons in addition to lodging and board or health-related service, and further defined in Article 28 of the Public Health Law and State Medical Code requirements.
HEALTH-RELATED FACILITYA facility which provides lodging, board and physical care, the recording of health information and dietary supervision and supervised hygienic service, and further defined in Article 28 of the Public Health Law and the State Medical Code requirements.
RESIDENCE FOR ADULTSAn adult-care facility established and operated for the purposes of providing long-term residential care, room, board, housekeeping and supervision to five or more adults, unrelated to the operator.
[Added 12-15-2003 by L.L. No. 1-2003]
A room or group of rooms used for conducting the affairs
of a business, profession or service.
[Added 6-15-1992 by L.L. No. 6-1992]
A building used for conducting the affairs of a business,
profession or service.
[Added 6-15-1992 by L.L. No. 6-1992]
A space accessible from a street or driveway for the use
of trucks or other vehicles while loading or unloading merchandise
or materials.
Any area or lot, including any building or structure, owned
and operated by a unit of government for the purposes of providing
primarily outdoor recreation, or any area or lot, including any building
or structure, privately owned and operated without the intention of
earning a profit by providing primarily outdoor recreation for the
public. Such may include incidental facilities of a cultural, historical,
educational or aesthetic nature, as in a museum, art program and exhibition,
and nature study.
An area or lot, or part thereof, used for the storage or
parking of vehicles, with or without the payment of rent or charges
and/or other considerations, excluding travel trailers, camping trailers
and mobile homes or house trailers.
A stall or berth which is arranged and intended for parking
one motor vehicle in a garage or parking area.
Any commercial or business facility in which the product
offered is the work or action performed, as in shoe repair shops,
barbershops and typewriter repair facilities.
The Planning Board of the Village of Cornwall-on-Hudson,
New York.
A building in which is conducted the main or principal use
of the lot on which said building is located.
An accessory structure intended for and used to stable horses
of the family or families residing upon the premises. Horses shall
not be kept for hire, remuneration or sale.
An accessory use intended to be used for tennis by the family
or families residing upon the premises, including their guests. Such
shall not be operated for gain or profit.
Notice of the time and place of a meeting, hearing or proceeding
printed in the official newspaper of the Village of Cornwall-on-Hudson
prior to the time of such meeting, hearing or proceeding.
The erection, construction, alteration or maintenance by
public utilities of underground, surface or overhead gas or electric
systems, including poles, wires, mains, substations, cables, telephone
lines and other similar equipment and accessories.
Not more than five household pets over six months old.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping, travel or water use
and including but not limited to travel trailers, truck campers, camping
trailers, self-propelled motor homes and boats.
[Added 9-15-1997 by L.L. No. 5-1997]
A detached dwelling containing one dwelling unit only.
A detached dwelling containing two dwelling units only.
Any public or nonpublic school conducting a regularly scheduled
comprehensive curriculum of study under the Education Law of the State
of New York.
A multifamily residence occupied by individuals over 55 years
of age or couples without children, where at least one member is over
55 years of age. Such may be designed with accessory and related supportive
facilities limited to recreational facilities and facilities for the
social and cultural needs of the residents. However, the extent and
type of accessory and related facilities will depend upon the size
and nature of the residential development.
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, device or representation which
is in the nature of or which is used as an announcement, direction
or advertisement for commercial purposes or otherwise.
Includes all faces of a sign measured 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; or, 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.
A plan, prepared by a legally qualified engineer, architect,
landscape architect or surveyor, showing, in detail and at a convenient
scale, the applicant's entire property, buildings, uses, parking
and truck loading areas, site improvements and other pertinent information
necessary for the Planning Board to review and approve uses in accordance
with site plan review.
Prior to the issuance of a building permit or certificate
of occupancy, the process within which the Planning Board evaluates,
considers and acts upon any site plan, including the compliance with
all the requirements and conditions necessary for the proper enforcement
of this chapter.
A building or structure in which there are facilities and
activities of an informal educational, entertaining or recreational
nature. Such may include incidental outdoor recreational or athletic
facilities. Specifically excluded are rides and games associated with
amusement park uses, carnival shows and similar such uses.
Soils data based upon the Soil Conservation Service's
soil survey maps prepared for the Village of Cornwall-on-Hudson.
Any geographical area, whether on a single lot or not, consisting
of at least 10,000 square feet, having a topographical gradient of
15% or more (ratio of vertical distance to horizontal distance) and
a minimum horizontal distance of 10 feet, whether man-made or not
and whether created by a retaining structure or not. If the land area
of one of these three categories is less than 10,000 square feet,
that land area shall be considered as part of any adjacent land in
the next slope category. Steep slopes are further categorized as:
[Added 7-16-1993 by L.L. No. 2-1993]
CLASS I (MODERATELY STEEP) SLOPEA slope equal to or greater than 15% but less than 25%.
CLASS II (VERY STEEP) SLOPEA slope equal to or greater than 25% but less than 35%.
CLASS III (EXTREMELY STEEP) SLOPEA slope equal to or greater than 35%.
A setback of 75 feet extending above a Class III (extremely
steep) slope.
[Added 7-16-1993 by L.L. No. 2-1993]
A public or private right-of-way set aside and commonly used
by the public for street purposes. Such affords the principal means
of access to abutting properties.
A line, equidistant from each street line of a street or,
if no street line is established, the center line of the existing
pavement or, if the street is unpaved, the center line of the existing
traveled way.
The dividing line between a lot and the right-of-way of a
street.
Any construction above or below ground.
A district within which most of the Village's populace
resides, where both Village water and sewer are available and conditions
are favorable for additional growth and development of a more intensive
nature.
A pool, and any accessory equipment pertaining thereto, permanently
constructed to retain water to a depth of 18 inches or more below
the level of the surrounding land, or an above-surface-type pool,
which will cause the retention of water to a depth of two feet or
more, used or intended to be used for swimming or bathing by any family
or persons residing on the premises, including their guests. Such
shall not be operated for gain and shall be located on a lot only
as an accessory use to the dwelling or dwellings thereon.
Any pool, other than a private pool, and any accessory equipment
pertaining thereto, permanently constructed to retain water to a depth
of 18 inches or more below the level of the surrounding land, or an
above-surface-type pool, which will cause the retention of water to
a depth of two feet or more, used or intended to be used for swimming
or bathing. Such may or may not be operated for profit or gain and
used or intended to be used by persons who pay admission on a daily,
weekly, seasonal or other basis. Included in this category are pools
associated with hotels, outdoor or public recreation areas, social
and recreation centers and day camps.
A structure designed as a temporary facility for the storage
of construction equipment, materials, articles and the like. Such
may include a vehicular, portable structure built on a chassis designed
as a temporary facility for offices, onsite construction, etc.
A structure standing on wheels, towed or hauled by another
vehicle and used for carrying materials, goods or objects.
[Added 9-15-1997 by L.L. No. 5-1997]
A folding structure, mounted on wheels and designed for travel,
recreational and vacation use.
A licensed vehicular, portable structure built on a chassis,
designed as a temporary family dwelling for travel, recreational and
vacation purposes. Such shall include recreational vans and other
similar vehicles.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A modification of the regulations of this chapter granted
on grounds of practical difficulties or unnecessary hardships, not
self-imposed.
The duly elected and/or appointed Village Board of the Village
of Cornwall-on-Hudson, New York.
The Village of Cornwall-on-Hudson's sewage disposal
system.
The Village of Cornwall-on-Hudson's water supply system.
A district intended primarily for outdoor or public recreational
uses, including water-based facilities and activities.
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from side lot line to side
lot line.
A space on the same lot with a building, situated between
the nearest roofed portion of the building and the rear lot line of
the lot and extending from side lot line to side lot line.
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot and extending
through from the front yard or from the front lot line where no front
yard exists, to the rear yard.
The Zoning Board of Appeals of the Village of Cornwall-on-Hudson,
New York.
The Village of Cornwall-on-Hudson Zoning Local Law of 1977,
unless otherwise stipulated or indicated by references.
