Town of Cochecton, NY Terminology

A use of a building or property for a business which has adult materials as a significant portion of its stock-in-trade or involves the sale, lease, trade, gift or display of drug paraphernalia. "Adult materials" includes any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, computer or other image, motion picture, sound recording, article, instrument, display or any other written or recorded material which depicts or describes any nudity as defined in § 240-24, Adult-oriented businesses, of this chapter; or the specific sexual activities listed therein. The Town shall also rely upon the general meaning given to these two terms by the State of New York and in the various decisions of the United States Supreme Court referenced herein, should further clarification be required.

For purposes of this chapter, "adult-oriented businesses" shall also mean any nightclub, bar, tavern, restaurant, eating and drinking establishment, arcade, theater, motel, hotel, or any other establishment that features, for economic gain or other consideration, entertainment in any form which is characterized by nudity or the depiction or display of sexual activities. This shall not exempt such a business from any requirements of this chapter or limitations on public displays of personal nudity.

AUTOMOBILE SERVICE STATION

Nothing in this definition shall be construed to incorporate breastfeeding, single-sex restrooms and showers or items or displays of recognized artistic merit as previously interpreted by the United States Supreme Court.

AREA VARIANCE

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.[1]

A building or place of business where gasoline, oil and grease, batteries, tires and automobile accessories are supplied and/or dispensed directly to the motor vehicle trade, at retail, and where repair service is rendered.

AUTOMOBILE, VEHICLE AND EQUIPMENT SALES

The use of any building, land area or other premises for the display and sale, under license by the State of New York, of new and used automobiles of presently operable condition; panel trucks or vans; mobile homes or trailers; recreational vehicles; or farm and construction equipment, including any warranty repair work and other repair service as an accessory use. This term is meant to include auto sale lots, but such lots shall be restricted to automobile and noncommercial (light) truck sales. It shall also include other automotive uses as may be allowed in each district. None of these terms, however, shall, under any circumstance, be deemed to include junkyards, collectors of itinerant vehicles, vehicle dismantling operations or other than routine repairs.

BED-AND-BREAKFAST

A dwelling in which up to eight guest rooms with shared bathroom facilities are available as lodging for persons, either individually or as families, for specific periods of time, with one or more meals offered.

BILLBOARD

A sign of more than 24 square feet in surface area which directs attention to a business commodity, service or entertainment conducted, offered or sold elsewhere than on the premises where the sign is located.

BUILDING

A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

BUILDING HEIGHT

The vertical distance measured from the average level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, communications towers, tanks and similar projections.

BUILDING, PRINCIPAL

A structure in which is conducted the principal use of the site on which it is situated.

BUNGALOW

See "seasonal dwelling."

CAMPGROUND LOT

A lot or space within a campground or RV park used for tent camping or as a site for recreational vehicles; or an area of land otherwise offered by the developer or operator through sale, lease, rent, membership or any other means for camping purposes, regardless of whether or not done for pecuniary gain.

CAMPGROUND or RECREATIONAL VEHICLE (RV) PARK

The development or use of a lot, tract or parcel of land for the purpose of providing a site for travel trailers, truck campers, camper trailers, motor homes or tents for camping. Campsites, campgrounds or recreational vehicle parks, tent camping facilities and other similar facilities, regardless of whether rights to occupy a campground lot are conveyed by lease, rent, sale or any other means, shall be included in this definition. Also, this definition shall include those situations where camping occurs with no specific rights of occupation offered but the use is, nonetheless, permitted by the owner's direct or indirect action or lack thereof.

TRANSIENT CAMPGROUNDS OR RV PARKSPublicly operated facilities or businesses offering three or more campground or RV park lots with or without the usual accessory recreational and service facilities, for use for tent camping and/or recreational vehicle camping by the public at large on a transient basis. Sites are rented on a daily or weekly basis or otherwise permitted by the owner to be used for camping on a temporary short-term basis.

CENTRAL SEWER/WATER FACILITIES

NONTRANSIENT CAMPGROUNDS OR RV PARKSPlanned private communities with recreational and service facilities, including central water and sewer facilities and usually a restaurant and/or bar, lounge, chapel and community hall, for use only by occupants of tent and/or recreational vehicle sites within the campground. Sites may be owned in common or may be owned individually by deed conveyance or may be leased on an annual, monthly or other seasonal basis, provided no permanent occupancy takes place.

CAMPING

The use of a property as a site for sleeping outside or the parking of travel trailers, motor homes, recreational vehicles or similar equipment or the erection of tents or other shelters to serve as temporary residences.

Systems for the provision of water supply to or the treatment of sewage from three or more dwellings or the equivalent, where the principal services are offered from or take place on a lot apart from the individual dwelling units being served. (See "on-site water/sewer facilities.")

COMPREHENSIVE PLAN

A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Town.

DRIVE-IN OR FAST-FOOD ESTABLISHMENT

Any establishment primarily offering for sale takeout food and drink for consumption off premises, including commercial food stands.

DWELLING

Any building or portion thereof with a minimum of 850 square feet of living area, designed or used exclusively as the residence or sleeping place of one or more persons.

DWELLING, SINGLE-FAMILYA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.

DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

DWELLING, MULTIFAMILYA building or portion thereof used or designed as a residence for three or more apartment or dwelling units.

EATING AND DRINKING PLACES

DWELLING, SEASONALA dwelling which is temporarily occupied by a person or persons having a usual residence elsewhere from whence they customarily journey to work, send children to school or conduct other principal activities.

DWELLING UNIT

One or more rooms, including cooking facilities and sanitary facilities, in a structure designed as a unit for occupancy by not more than one family for living and sleeping purposes.

Any establishment where food and drink are regularly prepared and served for consumption either on or off the premises, including restaurants, food service establishments, commercial food stands and drive-in or fast-food establishments. An eating and drinking place may be operated from any facility specifically constructed for this purpose.

ENCLOSED STRUCTURE

A building with a roof and no less than 1/3 of the sides unwalled.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities, cable television companies, or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety and general welfare. This shall not include, however, cellular phone or other telecommunications towers. "Essential services" shall also include ambulance facilities, firehouses, first-aid and emergency-aid squads and CATV.

FAMILY

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:[2]

The group shares the entire dwelling unit.

The group lives and cooks together as a single housekeeping unit.

The group shares expenses for food, rent, utilities or other household expenses.

INTENSIVE LIVESTOCK OPERATION

The group is permanent and stable, and not transient or temporary in nature.

(5)

Any other factor reasonably related to whether the group is the functional equivalent of a family.

FOUNDATION

A wall or pier extending at least four feet below grade or an equivalent load-bearing structure certified by a licensed professional engineer, having a fixed location on the ground, being capable of serving as a support for a structure or structural part of a building and meeting the relevant criteria set forth in Chapter 4 of the Residential Code of New York State and Chapter 18 of the Building Code of New York State.[3]

HOME-BASED BUSINESS

Any business activity or occupation that occurs on property or within structures where a residence is the primary land use and the business activity or occupation is clearly incidental to such residential use.

Any agricultural or livestock-raising operation which concentrates substantial levels of these activities on a relatively small amount of land area, including, but not necessarily limited to, the following:

Beef, buffalo, dairy, equine, or other large animal operations with more than one animal per acre.

Sheep, emu, deer, goat and llama operations with more than five animals per acre.

Hog and ostrich operations with more than two animals per acre.

Chicken, duck, turkey, other poultry or rabbit operations with more than 100 animals per acre.

(5)

Other animals raised in close confinement, other than dogs and cats, based on their similarity to the above, including fish farms.

JUNKYARDS

The term "junkyard" shall include the following:

Any area of land, with or without buildings, used for the storage, outside an enclosed building (no more than 1/3 unwalled), of used materials, including but not limited to wastepaper, rags, metal, glass, building materials, house furnishings, machines, vehicles or parts thereof, solid waste, debris, garbage and unsafe materials, with or without the dismantling, processing, salvage, sale or other disposition of the same.

Any place where three or more old, abandoned, partially disassembled, dilapidated or unlicensed vehicles or parts of vehicles, no longer intended or in condition for operation on the public highways, are stored outside for any purpose for a period of six months or more. The Town of Cochecton Code Enforcement Officer(s) shall determine when a vehicle or part thereof shall meet these conditions, and it shall be the burden of the landowner in such instance to demonstrate conclusively, within a period of seven days after notice, that a vehicle is operable if he or she shall disagree with the Code Enforcement Officer's determination.

KENNEL

Any enclosure, premises, building, structure, lot or area in or on which more than four dogs of at least six months of age are kept, harbored or maintained for commercial or noncommercial purposes for continuous periods of 24 hours or more.

LIGHT MANUFACTURING

An industry involving generally unobtrusive processes unlikely to cause impacts beyond the property line, including but not limited to research, engineering, or testing laboratories, assembly from components, fabrication of consumer products, textile and clothing manufacture, printing operations, small wood products industries, tool and die companies and similar enterprises.

LIVESTOCK RAISING

The keeping, fattening or breeding of various forms of farm, ranch and preserve animals, including but not limited to rabbits, deer, dairy and beef cattle, hogs, sheep and goats, poultry, equines, ratites, llamas and other farm, game and exotic animals raised as a source of income or as a novelty.

LOT

A parcel of land utilized for a principal use and activities accessory to such use, together with such open spaces as are required by this chapter.[4]

LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.

LOT DEPTHThe average horizontal distance between the front and rear lot lines.

LOT FRONTAGEThe width of a lot at the front lot line.

MANUFACTURED (MOBILE) HOME

LOT LINESThe property lines bounding a lot.

(a)

LOT LINE, FRONTThe line separating the lot from a street.

(b)

LOT LINE, REARThe lot line opposite and most distant from the front lot line. The rear lot line for a triangular-shaped lot shall be considered to be zero feet in length.

(c)

LOT LINE, SIDEAny lot line other than a front or rear lot line.

LOT AREA

The land area contained within the lot lines, excluding area within highway rights-of-way and land under water, except for ponds contained wholly within a lot.[5]

LOT WIDTH

The average horizontal distance between the two side lot lines.

MANUFACTURED HOME PARK

A parcel or contiguous parcels of land which has been designated and improved for the purpose of placing three or more mobile or manufactured homes for occupancy as single-family dwellings (same as "mobile home park").

A transportable single-family dwelling unit intended for permanent occupancy, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed on a chassis so that it might be towed, not including a modular or sectional dwelling, recreational vehicle or travel trailer.

MOTELS and HOTELS

Establishments providing transient lodging accommodations to the general public with or without additional services such as restaurants, meeting rooms and recreational facilities. "Small hotels and motels" are those with 12 or fewer units.

ON-SITE SEWER/WATER FACILITIES

Systems for the provision of water supply or the treatment of sewage on the same lots with the individual dwelling units being served. (See "central sewer/water facilities.")

PARCEL

An area of land resulting from the division of a tract of land for the purposes of transfer of ownership, use or improvement.[6]

PLANNED UNIT DEVELOPMENT

A structure or group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas and includes 25 or more dwelling units.

PLANNING BOARD

The Planning Board of the Town of Cochecton.

PRINCIPAL PERMITTED USE

A principal use allowed as a matter of right in a zoning district.

PUBLIC UTILITIES

Central sewer facilities.

RECREATION (not including public parks or recreation areas)

RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a membership or other fee.

SAND, GRAVEL AND OTHER QUARRYING

RECREATION, PRIVATE NONCOMMERCIALClubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

RECREATIONAL VEHICLE

A vehicular unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This shall include travel trailers, camping trailers, truck campers and motor homes.

RESTAURANT

An eating and drinking establishment where at least 80% of the seating is at tables provided at the establishment for sit-down dining.

Excavation of sand, gravel or stone on a commercial basis, excluding up to 12 inches of topsoil removal, which operation shall not be regulated by this chapter.

SEASONAL DWELLING PROJECT

A group of three or more single-family, two-family, triplex or quadruplex seasonal dwelling units located on a single tract of land where the ownership of the land and/or buildings is held in common (through a cooperative or condominium association or similar organization) or by a single owner acting as landlord and the units share certain common facilities in the way of recreation and services. Seasonal dwelling projects shall consist only of immobile built units situated on permanent foundations.

SIGN

A name, identification, description, display or illustration or any other visual display which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. A sign does not include legal notices such as "no trespassing" notifications, provided that they are no larger than two square feet in area, or the flag or insignia of any nation or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or similar organization, campaign, drive, movement or event which is temporary in nature. See the illustration of sign types.

SPECIAL USE

A primary use allowed subject to Planning Board approval and site plan review and modification in accordance with the standards and criteria contained herein, which use may also be denied if such standards cannot be met or appropriate modifications made to safeguard the public interest.

STREET

A highway or road intended primarily for the purposes of vehicular traffic, including the following:[7]

STREET, MINORA road, the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.

STREET, COLLECTORA road, the primary purpose of which is to collect vehicular traffic from minor streets and deliver it to major streets.

STREET, MAJORA road, the primary purpose of which is to collect vehicular traffic from collector streets and deliver it to destination points or arterial highways such Interstate Route I-86.

STRUCTURE

Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports and storage sheds.

USE

The specific purpose for which a parcel of land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

USE VARIANCE

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.[8]

WAREHOUSE

A building used primarily for the storage of goods and materials, including wholesale distribution and self-storage facilities, but excluding trucking terminals where cargo is transferred directly from vehicle to vehicle or more than routine vehicle maintenance is performed.

YARD

An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed by structures from the ground upward except as herein permitted.

YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.

YARD, REARAn open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward.