No land shall be used and no structure shall
be erected or used except in compliance with the provisions of this
chapter and as set forth in the Table of Permitted Uses[1] or as permitted by Article XIII, Nonconforming Uses and Structures.
[1]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
A.
The Table of Permitted Uses lists the uses of land
and buildings which are permitted (P), permitted by special permit
(SP) and not permitted (N) in the zoning districts established by
this chapter.
B.
Only uses listed for each district as being permitted
or permitted by special permit shall be permitted. Uses not listed
specifically or by reference as being permitted in a district shall
be prohibited in the district.
C.
Any list of uses not permitted contained in any section
of this chapter shall be deemed to be not an exclusive list, but to
have been included for the purposes of clarity and emphasis and to
illustrate by example some of the uses frequently proposed that are
deemed undesirable and incompatible and are thus prohibited.
D.
Unless otherwise stated in this chapter, nonresidential
uses listed on the Table of Permitted Uses shall be further defined
by the Standard Industrial Classification Manual (SIC), Executive
Office of the President, Office of Management and Budget, 1987.
E.
Certain uses which are permitted or permitted by special
permit by this section may be subject to additional requirements of
site development plan approval as set forth in this chapter.
F.
A subsurface sanitary disposal system is permitted
in any zoning district, provided that it is connected to a principal
use on the same lot, notwithstanding such system may be located in
a zoning district different from that of the principal use.
[Added 2-14-1995]
[1]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
A.
Note A.
(1)
In the event of a conflict between this Note A and
any other section of this chapter, the provisions of this Note A shall
prevail.
(2)
The Town recognizes that two-family dwellings are
an important element of the Town's housing stock. Such dwellings expand
housing choices and contribute to the variety of housing opportunities
available to Town residents. The Town further recognizes the unique
character of Mohegan Colony, the Town's only R-40A District, as a
neighborhood containing a balance of single- and two-family dwellings.
The R-40A District also includes a number of multifamily dwellings
created prior to October 2, 1951 (referred to hereafter as "multifamily
dwellings").
(3)
It is the policy of the Town that the balance of single-
and two-family dwellings in the R-40A District should be maintained
and that the number of lots containing two-family dwellings and multifamily
dwellings in the R-40A District should be limited to 50% of the total
number of lots in the district.
(4)
The Town has determined that the number of 138 lots
represents approximately 50% of the total number of lots in the district.
The Town will use that number as the limit of lots containing legal
two-family dwellings and multifamily dwellings in the R-40A District.
(5)
To implement this policy, the Town shall determine
the number of lots with two-family dwellings and multifamily dwellings
legally in existence as of the effective date of this chapter. After
that date, additional two-family dwellings may be developed as of
right and the status of existing two-family dwellings and multifamily
dwellings may be legalized until the limit of 138 lots is reached.
(6)
Two-family dwellings in the R-40A District shall be
defined as follows:
(7)
Single-family dwellings containing accessory apartments
are permitted by special permit and shall not be counted as two-family
dwellings.
(8)
The minimum lot area for an existing lot for two-family
dwellings constructed (through new construction or conversion) after
the effective date of this chapter shall be 20,000 square feet. The
minimum average lot width for an existing lot for two-family dwellings
constructed (through new construction or conversion) after the effective
date of this chapter shall be 100 feet. NOTE: There are very few existing
lots smaller than 20,000 square feet in the R-40A District.
(9)
All legal two-family dwellings may be rebuilt as two-family
dwellings as of right without being subject to the fifty-percent limit.
(10)
The Town shall administer this policy as follows:
(a)
The Town hereby establishes the maximum number
of allowable lots with legal two-family dwellings and legal multifamily
dwellings in the R-40A District at 138 lots.
(b)
The Town shall document the number of lots containing
legal two-family dwellings and multifamily dwellings in the R-40A
District as of the effective date of this chapter by a count of documents
issued by the Town through the effective date of this chapter establishing
such dwellings. These documents shall include certificates of occupancy,
prior to zoning letters, and Board of Appeals interpretations. Within
seven days of the effective date of this chapter, the Town shall alert,
by certified mail, property owners in the R-40A District of these
procedures; whether or not Town records show their property contains
a legal two-family dwelling or a legal multifamily dwelling; and,
if they claim to the contrary, of their responsibility to document
the legality of their dwellings.
(c)
After the effective date of this chapter, additional
two-family dwellings may be developed (through new construction or
conversion) and structures without legal establishment as two-family
dwellings or multifamily dwellings may be legalized as such until
the number of lots with legal two-family dwellings and multifamily
dwellings reaches the limit of 138 lots. Existing two-family and multifamily
dwellings without documentation supporting and establishing their
legality whose owners fail to obtain such documentation before the
lot limit of 138 is reached shall be deemed illegal and shall not
be entitled to inclusion among the 138 lots qualifying for two-family
and multifamily status.
(d)
Legal two-family dwellings are uses permitted
as of right and may be altered, expanded and reconstructed without
being subject to the fifty-percent limit. Such expansions, alterations
or reconstruction shall be subject to the yard, height and maximum
building coverage requirements of the this chapter. Legally established
multifamily dwellings shall be deemed nonconforming uses and may be
replaced by a two-family dwelling in a single structure.
(e)
Once the lot limit of 138 for two-family and
multifamily development is reached, no further building permits shall
be issued to any other lots in the R-40A District for two-family development
or conversion.
(f)
All legal two-family dwellings contained in
two separate dwellings may be reconstructed with the same exterior
dimensions and habitable space as originally existed or as a single-family
dwelling or a two-family dwelling in a single structure.
(g)
Where a legal two-family dwelling was contained
in two separate dwellings, neither separate dwelling may be enlarged
unless the other one of the two dwellings is demolished or converted
to an accessory building or unless the two separate dwellings are
joined so as to constitute two dwelling units within a single structure.
(h)
Accessory apartments may be developed in single-family
dwellings in the R-40A District by special permit, as in other residential
districts.
(11)
Hospital and nursing homes will be permitted
only on a lot in a residential zone which fronts on a state road.
[Added 9-14-2004]
(12)
Doctors, dentists or other health care practitioners
will be permitted only on a lot in a residential zone which fronts
on a state road or on Oregon Road.
[Added 9-14-2004]
B.
Notes 1 through 7. The text of the remaining notes
is included on the Table of Permitted Uses located at the end of this
chapter.
Signs are subject to Chapter 245, Signs, of the Code of the Town of Cortlandt.
