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 shall be further defined by the Standard Industrial Classification
Manual, United States Office of Management and Budget.
ACCESSORY APARTMENT
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.
ACTIVE ADULT RESIDENTIAL COMMUNITY
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]
ACTIVITY PERMIT
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]
ADULT BOOKSTORE
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]
ADULT ENTERTAINMENT CABARET
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]
ADULT ENTERTAINMENT USE
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]
ADULT MASSAGE ESTABLISHMENT
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]
ADULT MOTEL [Added 3-14-1995]
A hotel, motel or similar commercial establishment which:
A.
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.
B.
Offers a sleeping room for rent for a period
of time that is less than 10 hours.
C.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
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]
AFFORDABLE UNIT
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]
AMUSEMENT CENTER
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.
AMUSEMENT DEVICE
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.
ANIMAL HOSPITAL
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.
ANIMALS, LARGE
Horses, cows, sheep, goats, llamas, pigs or similar animals.
AUTOMOTIVE BODY AND PAINT SHOP
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.
AUTOMOTIVE REPAIR SHOP
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.
BASEMENT
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.
BED-AND-BREAKFAST ESTABLISHMENT
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]
BEDROOM
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.
BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Cortlandt, as
duly constituted pursuant to Article 16 of the New York State Town
Law.
BUFFER STRIP
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.
BUG RATING
A luminaire classification system that classifies backlight
(B), uplight (U) and glare (G) ratings for an LED lighting fixture.
See Figure IV-1.
[Added 8-13-2024 by L.L.
No. 8-2024]
BUILDING
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.
BUILDING, ACCESSORY
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.
BUILDING, PRINCIPAL
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.
CAMP
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."
CELLAR
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.
CLUSTER DEVELOPMENT
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]
COLOR RENDERING INDEX (CRI)
A number ranging from zero to 100 that rates a light source
for how closely it renders the color of objects as "natural," with
a higher number corresponding to a color rendering that is closer
to the natural color.
[Added 8-13-2024 by L.L.
No. 8-2024]
COMMUNITY BETTERMENT DISTRICT (CBD)
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]
CONTRACTOR'S YARD
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. Contractor’s yards are prohibited
in residential zones, but two commercial vehicles owned by a property
owner or one commercial vehicle and a trailer may be parked in the
driveway of a property in the residential zone, and shall not result
in the property being considered a contractor’s yard so long
as: i) the commercial vehicle is not more than 25 feet in length nor
more than 6,000 pounds in net chassis weight; and ii) the parking
of commercial vehicles or a trailer in a driveway does not result
in passenger vehicles parking on the street.
[Added 7-15-2003; amended 5-11-2004; 4-16-2024 by L.L. No. 4-2024]
COUNTRY CLUB
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]
COVERAGE, BUILDING
The percentage of the area of a lot occupied by buildings,
including accessory buildings.
COVERAGE, LANDSCAPED
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.
DARKSKY
Formerly known as the International Dark-Sky Association
(IDA), DarkSky International (DarkSky) is a US-based nonprofit organization
that provides leadership, tools, and resources for individuals, policymakers,
and industry, in order to reduce light pollution and promote responsible
outdoor lighting that is beautiful, healthy, and functional.
[Added 8-13-2024 by L.L.
No. 8-2024]
DARKSKY APPROVED
A program by DarkSky that provides objective, third-party
certification for lighting products, lighting designs, and installed
lighting projects that minimize glare, reduce light trespass, and
reduce light pollution.
[Added 8-13-2024 by L.L.
No. 8-2024]
DISTRICT
Any of the zoning districts established by this chapter.
DISTRICT, COMMERCIAL
Any Community Commercial (CC), Highway Commercial (HC) or
Designed Commercial (CD) District.
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
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.
DWELLING
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.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units. The term
"multiple dwelling" shall have the same meaning as "multifamily dwelling."
DWELLING, SINGLE-FAMILY
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.
DWELLING UNIT
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.
FAMILY
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.
FIXTURE, FULLY-RECESSED CANOPY
An outdoor lighting fixture recessed into a ceiling so that
the bottom of the fixture is flush with the ceiling, eliminating any
potential for side glare.
[Added 8-13-2024 by L.L.
No. 8-2024]
FIXTURE, FULLY-SHIELDED
An outdoor lighting fixture that, by design of the housing,
does not allow any light to be emitted above a 90°, horizontal
plane from the base of the fixture. Fully shielded fixtures must be
installed in a horizontal position as designed, or the purpose of
the design is defeated, and direct glare will result. A fully-shielded
fixture has a maximum BUG uplight rating of U0 (uplight zero). See
Figure IV-2.
[Added 8-13-2024 by L.L.
No. 8-2024]
FIXTURE, LIGHTING
A complete lighting unit, consisting of one or more lamps
(light sources), together with the parts designed to distribute the
light (reflector, lens, diffuser), to position and protect the lamps,
and to connect the lamps to the power supply, but not including the
support assembly (pole, mounting bracket, etc.). Also referred to
as a "luminaire". See Figure IV-3.
[Added 8-13-2024 by L.L.
No. 8-2024]
FIXTURE, WALLPACK
A lighting fixture designed for direct mounting on building
walls whose primary function is to light the area adjacent to a structure.
[Added 8-13-2024 by L.L.
No. 8-2024]
FLOOR AREA, GROSS
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]
FLOOR AREA RATIO
Gross floor area divided by lot area.
[Added 5-15-2007 by L.L. No. 9-2007]
FOOTCANDLE (FC)
The unit of measure expressing the quantity of light received
on a surface. One footcandle is the illuminance produced by a candle
on a surface one-foot square from a distance of one foot. One footcandle
is equal to one lumen per square foot, or 10.76 lux.
[Added 8-13-2024 by L.L.
No. 8-2024]
FRONTAGE
The length of a lot line which divides a lot from a street
or highway.
GARAGE, PRIVATE
An accessory building or part of a principal building used
primarily for the storage of motor vehicles.
GASOLINE SERVICE STATION
Retail establishment primarily engaged with selling gasoline
and lubricants and which may sell other merchandise or perform minor
repair work as secondary activities.
GLARE
The eye's line-of-sight contact with a direct light
source that causes annoyance, discomfort, or loss in visual performance
and ability. Note: As used in this section, this term is not synonymous
with the term "glare" as used in the BUG rating defined above.
[Added 8-13-2024 by L.L.
No. 8-2024]
HABITABLE SPACE
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.
HAZARDOUS MATERIAL
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).
HEIGHT, MOUNTING
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct-light-emitting part
of the luminaire.
[Added 8-13-2024 by L.L.
No. 8-2024]
HEIGHT (OF BUILDING)
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.
HISTORIC 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.
HOME OCCUPATION
A.
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.
B.
"Home occupations" shall not involve:
(1)
The sale on the premises of articles produced
off the premises, except for the sale of goods not stored on the premises.
(2)
The unenclosed storage of materials or products
outside the principal building or the window display of goods or products.
(3)
The delivery of goods or products to or from
the premises in other than a passenger automobile, mail carrier or
package delivery service.
(4)
The making of external structural alterations
which are not customary in residential buildings.
(5)
The parking of more than four registered motor
vehicles at any one time, excluding vehicles owned by the residents
of the premises.
(6)
The production of offensive noise, vibration,
smoke, dust or other particulate matter, heat, humidity, glare or
other effects not customarily generated by residential uses.
HOTEL
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."
ILLUMINANCE
The amount of light falling on a surface area, measured in
either footcandles (lumens per square foot) or lux (lumens per square
meter). One footcandle equals 10.76 lux, though, for convenience,
10 lux is commonly used as an equivalent.
[Added 8-13-2024 by L.L.
No. 8-2024]
ILLUMINATING ENGINEERING SOCIETY (IES)
The Illuminating Engineering Society (formerly the Illuminating
Engineering Society of North America) is a nonprofit membership organization
that provides professional development, publications, networking,
and educational opportunities to their membership, which includes
engineers, designers, educators, manufacturers, distributors, scientists,
and industry personnel. Through their American National Standards
Institute (ANSI), they develop and publish technical standards regarding
lighting.
[Added 8-13-2024 by L.L.
No. 8-2024]
JUNKYARD
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."
KELVIN (K)
The measured correlated color temperature of light. In lighting
applications, degrees Kelvin is used to specify the color appearance
of the light source. The higher the Kelvin (K) rating, the more bluish-whiter
light there is.
[Added 8-13-2024 by L.L.
No. 8-2024]
KENNEL, ANIMAL
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.
LIGHT TRESPASS
Light emitted by a lighting installation that falls outside
the boundary of the property on which the installation is sited (also
called spill light). See Figure IV-4.
[Added 8-13-2024 by L.L.
No. 8-2024]
LIVESTOCK FARM
A commercial establishment in which cows, horses, sheep,
fowl, rabbits or similar livestock is kept or raised.
LOT
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.
LOT, CORNER
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]
LOT DEPTH
The mean distance between the front and rear lot lines.
LOT, DOUBLE-FRONTAGE
A lot with two lot lines abutting streets or highways, which
lot lines are generally opposite each other.
LOT LINE
A line that divides one lot from another lot or from a street
or highway.
LOT LINE, FRONT
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]
LOT LINE, REAR
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.
LOT WIDTH
The mean width of a lot, computed by dividing the lot area
by the lot depth.
LUMEN
A unit of measurement for quantifying the amount of light
energy emitted by a light source (as distinct from "watt," a measure
of input power demand).
[Added 8-13-2024 by L.L.
No. 8-2024]
LUMINAIRE
See "fixture, lighting".
[Added 8-13-2024 by L.L.
No. 8-2024]
LUX
One lumen per square meter; unit of illuminance. One lux
equals approximately 0.092903 footcandle.
[Added 8-13-2024 by L.L.
No. 8-2024]
MARINA
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.
MASSAGE
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]
MASSAGE TECHNICIAN
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]
MEMBERSHIP CLUB
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.
MERGED BY DEED
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.
MOBILE HOME
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.
NURSERY SCHOOL
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.
OUTDOOR LIGHTING
The illumination of an outside area or object by any man-made
device located outdoors that produces light by any means.
[Added 8-13-2024 by L.L.
No. 8-2024]
PARKING SPACE
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.
PLANNING BOARD
The Planning Board of the Town of Cortlandt as duly constituted
pursuant to Article 16 of the New York State Town Law.
PLAYGROUND EQUIPMENT
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]
PRIVATE NATURE RESERVE
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]
PRIVATE WILDLIFE SANCTUARY
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]
PROPERTY OWNERS' ASSOCIATION
An association which is organized in a development to own,
operate and maintain facilities for residents of the development.
PUBLIC UTILITY FACILITY
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.
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.
ROOMING HOUSE
A dwelling in which lodging, with or without meals, is provided
for more than two but not more than 15 persons for compensation.
SCHOOL (FOR PROFIT)
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]
SCHOOL, PRIVATE
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.
SCHOOL, PUBLIC
A tax-supported academic institution providing elementary
or secondary education operated and controlled by a local governmental
agency.
SECURITY LIGHTING
The minimum amount of outdoor lighting necessary to illuminate
points of entry into or exit from a structure, exterior walkways,
or outdoor storage areas for purposes of nighttime safety. "Security
lighting" shall not include any lighting that is primarily for aesthetic
or advertising purposes and does not directly contribute to the safety
or security of the premises, such as sign, parking lot, display, landscaping,
or architectural lighting.
[Added 8-13-2024 by L.L.
No. 8-2024]
SPECIALTY TRADE CONTRACTORS
[Added 7-20-2010 by L.L. No. 12-2010; amended 7-18-2017 by L.L. No. 2-2017]
A.
Limited to the following:
(1)
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.
(2)
Water well drilling, glass and glazing work, structural steel
erection and manufacturing operations that do not require the processing
of raw materials.
B.
The list of uses contained in "specialty trade contractors"
specifically excludes all uses listed under "contractors' yards" in
the "SIC Code."
SPECIFIED ANATOMICAL AREAS
[Added 3-14-1995]
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region or pubic hair;
(3)
Female breast or breasts below a point immediately
above the top of the areola;
(4)
Any combination of the foregoing; or
B.
Human male genitals in a discernibly erect state,
even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any one or more of the following:
[Added 3-14-1995]
A.
Human genitals in a discernible state of sexual
stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse
or sodomy.
STABLE
An accessory building in which one or more horses are kept.
STORY
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 it is considered
a story above grade as defined in the New York State Uniform Fire
Prevention and Building Code.
[Amended 4-16-2024 by L.L. No. 4-2024]
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STREET
An accessway as contemplated and provided for under § 280-a,
Subdivision 1, of the New York State Town Law.
STRUCTURE
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.
STRUCTURE, ACCESSORY
A structure devoted exclusively to an accessory use and on
the same lot as the principal use to which it is accessory.
STUDIO
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.
TENNIS CLUB, YACHT CLUB or SIMILAR MEMBERSHIP SPORTS AND RECREATION
CLUB
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.
TOWN
The Town of Cortlandt, Westchester County, New York State.
TRANSITIONAL LOCATION
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.
UNIFORMITY RATIO
A calculation used to assess whether the outdoor lighting
levels provide uniform illumination distribution for a given area,
calculated as the ratio of the minimum lighting level to the average
lighting level (min/avg), as expressed in decimal form. A value of
one represents a completely uniform distribution.
[Added 8-13-2024 by L.L.
No. 8-2024]
UNIVERSITY or COLLEGE
A nonprofit institution offering academic courses at the
post-secondary school level and offering recognized academic degrees.
UPLIGHTING
Any light source that distributes illumination above a 90°
horizontal plane. Uplight is quantified using the IES U-rating system,
U0-U5.
[Added 8-13-2024 by L.L.
No. 8-2024]
USE
The specific purpose for which land or a structure is designed,
arranged or intended or for which it is occupied or maintained.
USE, ACCESSORY
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.
USE CATEGORY
One of the general classifications of uses listed on the
Table of Permitted Uses in this chapter, 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.
USE, CHANGE IN
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 to another or a change from one manufacturing use to another
manufacturing use.
USE, CONFORMING
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]
USE, NONCONFORMING
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]
USE, PRINCIPAL
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.
VAPE SHOP
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]
VOCATIONAL SCHOOL
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.
YARD
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.
YARD, FRONT
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]
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest line of the building.
YARD, SIDE
A yard between the side lot line and the nearest line of
the building and extending from the front yard to the rear yard.