The following word constructions shall be observed
and applied, except where the context indicates otherwise. Words used
in the present tense shall include the future. Words used in the singular
shall include the plural, and the plural the singular. The word "shall"
is mandatory, not discretionary. The word "may" is permissive. Whenever
a provision applies to a "building" or "structure," it shall be deemed
to apply to any part or portion of such building or structure. The
word "person" includes individuals, firms, corporations, partnerships,
associations, governmental bodies and agencies and all other legal
entities. The words "used" and "occupied" shall be considered to be
followed by the words "or arranged, intended or designed to be occupied
or used."
For the purposes of this chapter, certain words
and terms used herein are defined as set forth below. Terms and words
not defined herein but defined in the New York State Uniform Fire
Prevention and Building Code shall have the meanings given therein
unless a contrary intention clearly appears. Words not defined in
either place shall have the meanings given in the most recent edition
of Webster's Unabridged Dictionary. Uses listed in the Table of Permitted
Uses[1] shall be further defined by the Standard Industrial Classification
Manual, United States Office of Management and Budget.
An accessory use consisting of a separate dwelling unit,
complete with its own sleeping, cooking and sanitary facilities, that
is contained within an owner-occupied single-family dwelling or contained
within an accessory building.
A building or buildings containing dwelling units specifically
designed for and limited to residents, at least one of whom is aged
55 and older. No full-time medical care shall be provided on the property.
[Added 10-19-2021 by L.L. No. 6-2021]
In conjunction with any special permit issued with a private
nature preserve, an activity permit may be issued by the Planning
Board to allow a certain activity on a property which is the subject
of a special permit for a one-time event or a few events when there
is no physical alteration of the premises necessary and when said
program has not already been authorized under the terms of the special
permit.
[Added 3-16-1999]
An establishment, whether retail or wholesale, having a substantial
or significant portion of its stock in trade in books, magazines,
video cassettes or other periodicals for sale or viewing on or off
the premises which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified sexual anatomical areas as defined in this chapter.
[Added 3-14-1995]
A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators
or exotic dancers or other similar entertainments.
[Added 3-14-1995]
Any use constituting an adult bookstore, adult motion picture
theater, adult motel, adult entertainment cabaret or massage establishment
as those terms are defined herein.
[Added 3-14-1995]
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic or the office
of any health care practitioner duly licensed by the State of New
York nor barbershops or beauty salons in which the massages are administered
only to the scalp, the face, the neck or the shoulder. This definition
shall not include a volunteer rescue squad or a nonprofit organization
operating a community center, swimming pool, tennis court or other
educational, cultural, recreational or athletic facilities and facilities
for the welfare of the residents of the area.
[Added 3-14-1995]
[Added 3-14-1995]
A hotel, motel or similar commercial establishment which:
Provides patrons with closed circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
Offers a sleeping room for rent for a period
of time that is less than 10 hours.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
specified sexual activities or sexual anatomical areas for observation
by patrons.
[Added 3-14-1995]
A housing unit available for purchase or rent that costs
no more than 30% of the gross monthly household income of a household
whose income is below 80% of the Westchester County median income
as determined by the Westchester County Planning Department at the
time the unit is sold or rented. In the case of a housing unit for
sale, costs include mortgage, taxes, insurance and condominium or
association fees, if any. In the case of a housing unit for rent,
costs include rent and utilities.
[Amended 8-12-2003]
Any building or place or part thereof in which is maintained
or operated for the amusement, patronage or recreation of the public
more than eight amusement devices.
Any electrical or mechanical device which is coin-controlled
for use as a game, contest or amusement, including but not limited
to pinball and video amusement games. Excluded are coin-operated machines
producing music, machines dispensing or vending merchandise or amusement
ride machines designed for use by children under the age of six years.
A place for the medical and surgical treatment of small domestic
animals, such as dogs, cats, birds and similar animals, and including
the boarding of such animals in connection with primary medical and
surgical care.
Horses, cows, sheep, goats, llamas, pigs or similar animals.
Chickens, fowl, rabbits, pigeons or similar animals.
A building or part thereof used for body repair or painting
of motor vehicles for remuneration and any surrounding yard area that
is used for storage accessory thereto.
A building or part thereof used for the repair of motor vehicles
for remuneration, excluding body repair and painting, and any surrounding
yard area that is used for storage accessory thereto.
That space of a building that is partly below grade which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
An owner-occupied dwelling in which no more than four bedrooms
are available as overnight accommodations for paying, transient guests
to whom a morning meal may be served.
[Added 8-15-1995]
Any habitable space other than a living room, dining room,
kitchen or bathroom or other than a closet, vestibule, corridor or
storage room of less than 80 square feet in floor area.
The Zoning Board of Appeals of the Town of Cortlandt, as
duly constituted pursuant to Article 16 of the New York State Town
Law.
An area of land on a lot intended to protect uses on an adjoining
lot from the impacts of uses on the lot containing the buffer strip.
Such strip shall include natural or planted vegetation or fencing,
or both, sufficient to provide a visual and noise buffer as required
by this chapter and shall not be paved nor used for buildings, accessory
buildings, parking, storage or sewage disposal areas.
Any structure, either temporary or permanent, having a roof
or other covering and designed or used for the shelter or enclosure
of any person, animal or property. Structures fabricated in whole
or in part in a factory and transported to a site shall be deemed
"buildings," provided that any wheels, wheel mounts, rollers or skids
have been removed.
A building, the use of which is customarily incidental and
subordinate to that of the principal use or building and that is located
on the same lot as that occupied by the principal use or building.
A building in which is conducted the principal use of the
lot on which it is located. In any residence district, any dwelling
shall be deemed the "principal building" on the lot on which the dwelling
is located.
An area of land, owned entirely by an individual, corporation
or cooperative, on which are located two or more cabins, tents, trailers,
motor homes, shelters, houseboats or any other accommodation normally
suitable for temporary or seasonal living, camping or recreation purposes.
For the purposes of this chapter, so-called "bungalow colonies" shall
be deemed "camps."
That space of a building which is partly or entirely below
grade which has more than half its height, measured from floor to
ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A subdivision plat or plats, approved pursuant to § 278
of the New York State Town Law in which the applicable zoning regulations
are modified to provide an alternative permitted method for the layout,
configuration and design of lots, buildings and structures, roads,
utility lines and other infrastructures, parks and landscaping in
order to preserve the natural and scenic qualities of open lands.
[Added 4-15-1997]
The development of an area of land as a single entity in
which a mixture of uses, including residential, open space, public
and commercial, are provided and which the Town Board determines will
be sufficiently beneficial to the Town to warrant a departure from
the requirements of the district in which the "CBD" is to be located.
[Amended 3-13-2007 by L.L. No. 8-2007]
Any space, whether inside or outside a building on a parcel
of land, used for the storage or keeping of construction supplies,
materials, equipment, machinery or vehicles or parts thereof, whether
they are in operable or inoperable condition or in active or inactive
use by a person or other entity.
[Added 7-15-2003; amended 5-11-2004]
Any space in a residential zoning district, whether inside
or outside a building, used for the storage or keeping of construction
supplies, materials, equipment, machinery or vehicles or parts thereof,
whether they are in operable or inoperable condition or in active
or inactive use by a person or other entity subject to the following:
[Added 7-15-2003; amended 5-11-2004]
Such space, if less than a total of 100 square
feet if contiguous and/or in aggregate on a parcel of land in a residential
zone, would not be considered a contractor's yard.
Such space if greater than a total of 100 square
feet if contiguous and/or in aggregate on a parcel of land in a residential
zone is prohibited unless the storage or keeping is in connection
with an unexpired building permit.
Fully enclosed vehicles or materials are acceptable
up to 400 feet square feet with no side dimension greater than 20
feet, and no height dimension greater than 14 feet.
As defined herein existing contractor's yards
in residential zones shall be removed within one year of the effective
date of this amendment.
The storage or keeping of construction supplies
and materials shall not exceed six feet in height and be maintained
in a safe and secure condition and location.
Such storage area is restricted to the side
and/or rear yard on a parcel of land.
The limitations and requirements set forth herein shall not apply to those contractors yards which lawfully exist under Article XIII of this chapter.
A privately owned and operated area containing land and recreational
facilities, including a golf course, clubhouse and accessory uses,
which may include a restaurant and bar, which is open to members and/or
the general public.
[Amended 9-19-2000]
The percentage of the area of a lot occupied by buildings,
including accessory buildings.
The percentage of the area of a lot unoccupied by structures,
parking, paving or storage, including land left in its natural state,
undisturbed and unimproved, and land planted with lawns, trees or
other plants or enhanced by other natural and decorative features
as may be required by this chapter.
The Director of Code Administration and Enforcement of the
Town of Cortlandt, as established by Local Law No. 6-1992 establishing
the Department of Code Administration and Enforcement.
[2]Any of the zoning districts established by this chapter.
Any Community Commercial (CC), Highway Commercial (HC) or
Designed Commercial (CD) District.
Any Designed Industrial (MD) or Light Industrial (M-1) District.
In the following list, each district shall be deemed to be
more restricted than the districts succeeding it and each district
shall be deemed to be less restricted than the districts preceding
it: R-80, R-40, R-40A, R-20, R-15, R-10, RG, CC, HC, CD, MD, M-1.
Any R-80, R-40, R-40A, R-20, R-15, R-10 or RG District.
A structure designed or used primarily for residential occupancy,
with a minimum of 900 square feet of habitable floor space, containing
one or more dwelling units, but not including rooming houses, hotels,
camps, mobile homes or other structures or equipment for temporary
lodging.
A dwelling containing three or more dwelling units. The term
"multiple dwelling" shall have the same meaning as "multifamily dwelling."
A dwelling containing one dwelling unit or one dwelling unit
and one accessory apartment, whether located in a principal building
or an accessory building, for which a special permit has been issued
pursuant to this chapter.
A dwelling containing two dwelling units or as defined for the R-40A District in § 307-15A, Note A.
One or more rooms in a dwelling designed and equipped for
one family to occupy separately as a housekeeping residence, reserved
exclusively for the occupants of such room or rooms, with provisions
for living, sleeping, eating, cooking and sanitation and having no
enclosed space (other than vestibules, entrance hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. For the purposes of this definition, microwave and convection
ovens, hot plates and similar movable appliances shall be considered
as constituting provisions for cooking. Every "dwelling unit" shall
contain a minimum of 400 square feet of habitable space, and every
room occupied for sleeping purposes shall contain a minimum of 80
square feet per occupant.
An individual or two or more persons related by blood, marriage
or adoption living together as a single housekeeping unit or a group
of persons not so related living together as a single housekeeping
unit which is the functional equivalent of a family of related persons.
The total area of all floors or accessible levels of a building
as measured to the perimeter of the exterior faces of the walls, with
no deduction for corridors, stairs, closets, thickness of walls, columns
or other features. For purposes of determining floor area ratio, gross
floor area shall include all floors above grade of a building and
shall not include basement and attic levels, except that a basement
shall be considered a first-floor above grade if it is located an
average of more than four feet above finished grade.
[Amended 5-15-2007 by L.L. No. 9-2007]
Gross floor area divided by lot area.
[Added 5-15-2007 by L.L. No. 9-2007]
The length of a lot line which divides a lot from a street
or highway.
An accessory building or part of a principal building used
primarily for the storage of motor vehicles.
The sale or offering for sale to the general public of over
five items of personal property on any portion of a lot in a residential
zoning district, whether inside or outside any building.
[Added 8-12-2003]
Retail establishment primarily engaged with selling gasoline
and lubricants and which may sell other merchandise or perform minor
repair work as secondary activities.
Space occupied by one or more persons for living, sleeping,
eating or cooking and meeting the requirements for light, ventilation,
location with respect to grade level, ceiling height, floor area and
other standards of the New York State Uniform Code.
Material which is a present or potential hazard to human
health or the environment when improperly stored, transported or disposed
of or otherwise managed, including, without exception, all residual
oil, hydrocarbon products, including but not limited to gasoline,
oil, fuel and diesel oil, and also any other toxic, caustic or corrosive
chemicals, radioactive materials or other substances listed in Title
40 of the Code of Federal Regulations or the New York State Department
of Environmental Conservation Rules and Regulations for Hazardous
Materials (6 NYCRR 597).
The vertical distance measured from the average elevation
of the finished grade within 20 feet of the structure to the highest
point of the structure.
A building listed in the National Register of Historic Places
or other governmental listing of historic places, such as a state,
county or Town listing.
An accessory use, clearly incidental and secondary
to the use of the dwelling for dwelling purposes, which does not change
the character of the premises; does not occupy more than 25% of the
gross floor area of the dwelling; is carried on by the permanent residents
of a dwelling unit; and meets the parking requirements of this chapter.
"Home occupations" shall not involve:
The sale on the premises of articles produced
off the premises, except for the sale of goods not stored on the premises.
The unenclosed storage of materials or products
outside the principal building or the window display of goods or products.
The delivery of goods or products to or from
the premises in other than a passenger automobile, mail carrier or
package delivery service.
The making of external structural alterations
which are not customary in residential buildings.
The parking of more than four registered motor
vehicles at any one time, excluding vehicles owned by the residents
of the premises.
The production of offensive noise, vibration,
smoke, dust or other particulate matter, heat, humidity, glare or
other effects not customarily generated by residential uses.
A commercial establishment offering overnight lodging accommodations
to the general public and sometimes providing additional services
such as restaurants, meeting rooms and recreation facilities. For
the purposes of this chapter, the term "hotel" shall be deemed to
include "motel."
A lot, land or structure or part thereof over 200 square
feet in area used primarily for the collecting, storage or sale of
wastepaper, rags, scrap metal or discarded material or for the collecting,
dismantling, storage and salvaging of machinery or vehicles not in
running condition or for the sale of parts thereof, except as accessory
to permitted industrial use of the lot. Two or more unregistered motor
vehicles not in operating condition located on a lot shall be deemed
to constitute a "junkyard."
A commercial establishment in which dogs, cats, birds or
similar animals are kept, boarded or trained. This term shall be deemed
to include establishments known as "dog kennels," "animal schools,"
"aviaries," "catteries" or similar uses.
A commercial establishment in which cows, horses, sheep,
fowl, rabbits or similar livestock is kept or raised.
A parcel of land contained within one continuous legal boundary
established in accordance with all laws and ordinances in effect at
the time of establishment.
A lot at the intersection of and abutting on two or more
intersecting streets or highways, as said term appears in § 280-a
of the New York State Town Law. The setbacks in a side yard with frontage
on a street or highway of a corner lot shall be the lesser of double
those of the underlying zoning district and the required front yard.
See "lot line, front."
[Amended 11-10-2020 by L.L. No. 4-2020; 7-19-2022 by L.L. No. 5-2022]
The mean distance between the front and rear lot lines.
A lot with two lot lines abutting streets or highways, which
lot lines are generally opposite each other.
A line that divides one lot from another lot or from a street
or highway.
The lot line which separates a lot's front yard from a street
or highway right-of-way.
[Amended 11-10-2020 by L.L. No. 4-2020]
A lot line which is generally opposite the front lot line.
If the "rear lot line" is less than 10 feet in length or if the lot
comes to a point at the rear, the "rear lot line" shall be deemed
to be a line parallel to the front lot line, not less than 30 feet
long, lying wholly within the lot and farthest from the front lot
line.
Any lot line not a front or rear lot line.
The mean width of a lot, computed by dividing the lot area
by the lot depth.
A facility for storing, servicing, fueling, berthing and
securing of pleasure boats and may include eating, sleeping and meeting
facilities for owners, crews and guests and one dwelling unit for
a caretaker.
A method of treating the external part of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument.
[Added 3-14-1995]
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health care practitioner duly licensed by the state of New York.
[Added 3-14-1995]
A private nonprofit corporation, membership corporation or
association whose intent is to promote the interests of its members.
Such corporations or associations include trade associations, professional
organizations, unions and similar political, ethnic and fraternal
organizations, but shall not include property owners' associations.
The conveyance of lands by a continuous metes and bounds
description or the conveyance of more than one parcel of land with
a single deed.
A vehicle, whether or not self-propelled, which is used or
designed to be used for living purposes, with its wheels, rollers
or skids in place and having only temporary connections, if connected,
to any water, electric or sewage disposal system.
The New York State Uniform Fire Prevention and Building Code,
NYCRR Title 9.
A program which provides care and educational instruction
for children away from their own home and which is not licensed by
the New York State Department of Social Services.
An off-street space available for the parking of one motor vehicle, which may be located within a garage, with minimum dimensions specified in § 307-33 of this chapter and having direct access to a street, except that a parking space serving a single- or two-family dwelling may be configured in tandem fashion.
The Planning Board of the Town of Cortlandt as duly constituted
pursuant to Article 16 of the New York State Town Law.
Facilities commonly found in a playground for recreational
use primarily by children, including but not limited to, sandboxes,
slides, swings, climbing apparatus and the like.
[Added 8-12-2003]
A parcel of land open to the public, with structures and/or
other facilities owned and operated by a not-for-profit organization
and dedicated to the promotion of greater public understanding, awareness
and appreciation of the natural environment through environmental
and agricultural education programs and passive recreation activities.
[Added 3-16-1999]
A parcel of land open to the public without any buildings,
owned and operated by a not-for-profit organization and dedicated
to the protection of wildlife habitat and offering passive recreation
and education activities.
[Added 3-16-1999]
An association which is organized in a development to own,
operate and maintain facilities for residents of the development.
Uses, structures and rights-of-way constructed, altered or
maintained by utility corporations, either publicly or privately owned,
or governmental agencies necessary for the provision of electricity,
gas, heat, steam, communication, water, sewage collection or other
service. Such uses, structures and rights-of-way shall include poles,
wire, mains, drains, sewers, pipes, conduits, cables, alarm and call
boxes and other similar equipment, but shall not include office, administration,
service or storage buildings.
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.
A dwelling in which lodging, with or without meals, is provided
for more than two but not more than 15 persons for compensation.
A business that engages in academic tutoring, exam preparation
and any other educational activity conducted on a for-profit basis
by an individual or corporation (uses vocational school parking).
[Added 3-11-2014 by L.L. No. 2-2014]
An academic institution controlled and operated by private
interests and certified by the New York Board of Regents as a substitute
for and giving the equivalent of instruction required in public schools.
A tax-supported academic institution providing elementary
or secondary education operated and controlled by a local governmental
agency.
[Added 7-20-2010 by L.L. No. 12-2010; amended 7-18-2017 by L.L. No. 2-2017]
Limited to the following:
Undertaking of activities of a type that are specialized to
the building industry and limited to plumbing, heating, electrical,
air conditioning, carpentry, flooring, cabinetmaking, painting, paperhanding,
roofing, siding, sheet metal work and tile setting.
Water well drilling, glass and glazing work, structural steel
erection and manufacturing operations that do not require the processing
of raw materials.
The list of uses contained in "specialty trade contractors"
specifically excludes all uses listed under "contractors' yards" in
the "SIC Code."
[Added 3-14-1995]
Any one or more of the following:
[Added 3-14-1995]
An accessory building in which one or more horses are kept.
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 floor and the ceiling
next above it. A basement shall be counted as a "story" if the finished
floor immediately above is more than seven feet above the level from
which the height of the building is measured or if it is used for
business purposes other than storage or for dwelling purposes by other
than a janitor or watchman.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
An accessway as contemplated and provided for under § 280-a,
Subdivision 1, of the New York State Town Law.
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water, including but not limited to the following:
building, bin, bridge, deck, fence, framework, platform, pier, reviewing
stand, retaining wall, shed, shelter, sign, above- and below-ground
pool, tank, tent, tennis court, tower, wall and wharf. The term "structure"
shall not include paving on streets, sidewalks and patios.
A structure devoted exclusively to an accessory use and on
the same lot as the principal use to which it is accessory.
An accessory building to a residential use which may contain
sanitary facilities, which is used by residents of the principal dwelling
for crafts or fine arts and which does not contain facilities for
cooking and does not have a mailing address, telephone line or electric
meter which is different from the principal dwelling.
A privately owned and operated area containing land and recreational
facilities for use by its members, such as courts, swimming pools
and boating facilities and clubhouse and accessory uses, which may
include a restaurant and bar, and which is open to members and/or
members and the general public.
The Town of Cortlandt, Westchester County, New York State.
A lot in a residential district whose side lot line is contiguous
for at least one-half (1/2) of its length with a lot in a commercial
or industrial district or a lot in a residential district whose front
lot line is directly across a street for more than one-half (1/2)
its length from a commercial or industrial district.
A nonprofit institution offering academic courses at the
post-secondary school level and offering recognized academic degrees.
The specific purpose for which land or a structure is designed,
arranged or intended or for which it is occupied or maintained.
A use of a structure or lot which is customarily incidental
and subordinate to the principal use, located on the same lot as the
principal use and which may be permitted by right or by special permit.
One of the general classifications of uses listed on the
Table of Permitted Uses in this chapter,[3] including residential; institutional, recreational and
public; parks and open space; agriculture and animal services; retail
stores; finance, real estate and insurance; eating and drinking places;
hotels and other lodging places; personal services; business services;
automobile repair, services and parking; miscellaneous repair services
facilities; health and social services; legal, educational, management,
engineering and other professional services; construction; transportation
and public utilities; wholesale trade; manufacturing; and junkyard.
A change of the use of a structure or land from one use category
as defined by this chapter on the Table of Permitted Uses[4] to another or a change from one manufacturing use to another
manufacturing use.
A use of a building or land that is listed as a permitted
use by the use regulations of the zoning district in which it is located.
[Added 8-12-2003]
A use of a building or land that was valid when brought into
existence, but by subsequent regulation becomes no longer conforming
with the use regulations of the zoning district in which it is located.
[Added 8-12-2003]
The main or primary purpose for which a structure or lot
is designed, arranged or intended or for which it may be used, occupied
or maintained under this chapter. Any other lawful use of the structure
or lot incidental or supplementary to the principal use and permitted
under this chapter shall be considered an accessory use.
An establishment that sells electronic cigarettes or devices,
hookahs or such other vaping paraphernalia. Vaping consists of the
inhaling and exhaling of vapor produced by an electronic cigarette
or similar device.
[Added 5-17-2016 by L.L.
No. 2-2016]
An educational facility which primarily teaches usable skills
that prepare students for jobs in a trade and which is licensed by
the State of New York as a vocational school.
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building(s) and the nearest lot line and is unoccupied and unobstructed from the ground upward except for the certain features specified in § 307-18 of this chapter. In measuring a "yard" as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn through the point of a building or group of buildings nearest to such lot line, exclusive of the respective features specified in § 307-18, and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
The yard lying between the front lot line and the primary
access point to the main entrance of the principal building. Each
lot shall only have one front yard. See "lot line, front."
[Amended 11-10-2020 by L.L. No. 4-2020]
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest line of the building.
A yard between the side lot line and the nearest line of
the building and extending from the front yard to the rear yard.
[1]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
[3]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
[4]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
