A. 
Subject to the provisions of Article I hereof, in the interpretation of this chapter, the following rules shall apply:
(1) 
Words used in the present tense include the future tense.
(2) 
The singular includes the plural and the plural the singular.
(3) 
The word "person" includes an individual, firm, partnership, association or corporation.
(4) 
Any use of the gender-specific words (his, hers, him, her) shall imply both genders.
(5) 
The word "lot" includes the word "plot" or "parcel."
(6) 
A building or structure includes any part thereof.
(7) 
The term "used" or "occupied," as applied to any land or structure, shall be construed to include the words "intended, arranged or designed to be used or occupied."
(8) 
The word "shall" is intended to be mandatory.
(9) 
The word "and" indicates that all connected items, conditions, provisions or events shall apply.
(10) 
The word "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(11) 
The words "either . . . or" indicate that the connected items, conditions, provisions or events may apply singly but not in any combination.
(12) 
The word "Town" means the Town of Cazenovia, New York.
(13) 
The word "county" means the County of Madison, New York.
B. 
In the case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure subordinate to a principal building and used in conjunction with and for purposes customarily incidental to those of the principal building or use.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and used in conjunction with such principal use or building.
ACCESS STRIP
A strip of land abutting a public or platted private road, providing access to a rear lot.
ADULT ARCADE
An establishment where, for any form of consideration, one or more still or motion-picture projectors, slide projectors, or similar machines or other image-producing machines, for viewing for five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical activities.
ADULT BOOKSTORE OR VIDEO STORE
A business which derives 25% or more of its gross income from the sale, or rental, or utilizes 25% or more of its retail selling area for, or has stock comprised of 25% or more of any of the following: books, magazines, periodicals, films, motion pictures, videocassettes, DVDs, slides, compact discs and/or computer generation or their visual representations which are characterized by the depiction and description of specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial establishment, whether or not alcoholic beverages are served, which features:
A. 
Persons who appear nude or in a state of nudity or semi-nudity; or
B. 
Live performances which are characterized by the exposure of specified anatomical activities or by specified sexual activities; or
C. 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical activities.
ADULT LIVE ENTERTAINMENT
A business where an adult male or female exposes parts of his or her body identified in specified anatomical activities.
ADULT MOTEL
A hotel, motel or similar business which:
A. 
Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical activities and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
B. 
Offers a sleeping room for rent for a period of time less than 10 hours; or
C. 
Allows a tenant or occupant to subrent the sleeping room for a period of time less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities for observation by patrons therein.
ADULT NOVELTY STORE
A business which derives 25% or more of its gross income from the sale or rental of, or utilizes 25% or more of its retail selling area for or has stock comprised of 25% or more of any of the following: instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the purchaser or others.
ADULT USE
Any business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities, including, but not limited to, adult arcades, adult bookstores or video stores, adult cabarets, adult live entertainment, adult motels, adult motion-picture theaters, adult novelty stores and massage establishments.
A. 
Specified anatomical activities include any of the following:
(1) 
Less than completely and opaquely covered human genitals, pubic region, pubic hair or buttocks or female breast(s) below a point immediately above the top of the areola.
(2) 
Human male genitals in a discernibly turgid state even if completely and opaquely covered.
B. 
Specified sexual activities include any of the following:
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of actual or simulated human masturbation, sexual intercourse, oral copulation or sodomy.
(3) 
Fondling or other intentional erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
(4) 
Excretory functions as part of or in connection with any of the activities as set forth in Subsection B(1) through (3) of this definition.
AGRICULTURAL DATA STATEMENT
An identification of farm operations within an agricultural district located within 500 feet of the boundary of property upon which a subdivision is proposed, as provided in § 305-b of the Agriculture and Markets Law. An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
ALTERATION
As applied to a structure, a change to or rearrangement of the structural parts, or any expansion thereof, including the extension of any side or by any increase in height, or the moving of such structure from one location to another.
ALTERNATING CURRENT (AC)
An electric current that reverses direction at regular intervals, having a magnitude that varies continuously in a sinusoidal manner.
[Added 5-9-2022 by L.L. No. 3-2022]
ANIMAL DAY CARE, KENNEL OR SHELTER
A facility that cares for six or more pets or domesticated animals for training, breeding, boarding, grooming or harboring, whether or not for profit.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
APPLICANT
Any person, corporation or other entity applying for a building permit, certificate of occupancy, special use permit, site plan or subdivision approval, variance or zoning amendment.
ATTERBERG LIMITS AND FIELD TESTS
A basic measure of the critical water contents of a fine-grained soil and its shrinkage limit, plastic limit, and liquid limit; establishes the moisture contents at which fine-grained clay and silt soils transition between solid, semisolid, plastic, and liquid states.
[Added 5-9-2022 by L.L. No. 3-2022]
AUTOMOBILE SERVICE STATION
Any area of land, including structures, that is used or designed to service motor vehicles by supplying fuel (i.e., gas station), oil or other lubricants, and/or to provide other types of services such as maintenance, repair, body work, polishing, greasing, painting or washing such motor vehicles. An establishment that satisfies this definition and also sells unrelated retail goods shall be considered to be both an automobile service station and a retail use as a convenience store. See also "vehicle service."
BED-AND-BREAKFAST
A specially permitted use occurring in an existing one-family dwelling operated by the permanent resident(s) of the dwelling who are also on-site, present and sleeping overnight within the residence while providing short-term overnight lodging to transient guests, with no meal other than breakfast meals offered to such guests. Such presence by the homeowner shall be continuous during the nighttime hours (7:30 p.m. to 7:30 a.m.) to ensure appropriate oversight of the bed-and-breakfast establishment and guests. A bed-and-breakfast must be the primary residence of the owner(s)/proprietor(s) and comply with the requirements of § 165-69. It is the intent of the use of a bed-and-breakfast to maintain the residential character of the primary use of the premises as a dwelling by the titled owner and to limit deleterious impacts such as noise, traffic, excessive parking and other impacts. See also "owner-occupied transient occupancy lodging."
[Amended 5-13-2019 by L.L. No. 2-2019]
BERM
An earthen construction designed for use as a barrier, enclosure, partition, ledge, shelf or support.
BILLBOARD
Any outdoor advertising board, structure or device which advertises, directs or calls attention to any business, article, substance, service or any sign which is painted, printed, posted or affixed to any building, structure, wall, fence, pole, railing, natural object or structure of any kind on real property or upon the ground itself which advertises services, products or commodities not available on the premises on which the billboard is located.
BOARDER
A person, other than a servant, resident with a family furnishing lodging or board and lodging to him in its dwelling for gain on other than a daily or transient basis.
BOARDINGHOUSE; ROOMING HOUSE
A dwelling occupied exclusively by one family and more than three but fewer than 10 boarders.
BOATHOUSE
A structure used solely for the protection of boats and associated boating equipment from the weather.
BOTTLED WATER
Any product, including natural spring- or well water taken from municipal or private utility systems or other water, distilled water, deionized water or any of the foregoing to which chemicals may be added, which are put into sealed bottles, packages or other containers, to be sold for domestic consumption or culinary use, involving a likelihood of such water being ingested by human beings.
BREWERY
A facility for the fermenting and production of malt beverages on premises which may include on-premises for retail sale, tasting and consumption during regular business hours as defined in the Alcoholic Beverage Control (ABC) Law. A brewery may also include a farm brewery licensed under the New York State Alcoholic Beverage Control (ABC) Law and associated with a farm operation subject to the requirements of the guidelines of the New York State Department of Agriculture and Markets. Such use shall require the issuance of a special use permit by the Zoning Board of Appeals, site plan approval from the Planning Board and, unless otherwise permitted pursuant to New York State's ABC and Agriculture and Markets Laws, may only be established in the Rural B (RB), New Woodstock Central Business Overlay (NWCBO), Commercial Overlay (CO), Industrial Overlay (IO) and Village Edge Overlay (VEO) Districts.
BUILDABLE LAND
That portion of a lot which is suitable for building structures and locating septic disposal facilities, i.e., all land, excluding wetlands and watercourses, preexisting utility easements and rights-of-way, slopes exceeding 15% (slopes measured as 5,000 square feet or more of contiguous sloped area at least 10 feet in width) and the one-hundred-year flood zone.
BUILDING
A temporary or permanent structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or property.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof. The height of buildings on lakefront lots shall be measured on the lake side of the building.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
A solar energy system incorporated into and becoming part of the overall architecture, design and structure of a building in manner that the solar energy system is a permanent and integral part of the building structure.
BUILDING, PRINCIPAL
A building or structure in which is conducted the main or principal use of the lot on which it is located.
BULK WATER
Water intended for potable uses, which is transported by tank trucks.
CAFE
A coffeehouse, delicatessen or bar, other than a restaurant, where beverages, whether or not alcoholic, and/or food are prepared and/or served for consumption on and/or off the premises.
CALCULATING TOTAL IMPERVIOUS COVER
The percentage of total impervious cover for a site shall be calculated by adding the area of impervious surfaces on the site (in square feet, as defined above) to 1/2 of the area of semi-pervious surfaces on the site (in square feet, as defined above) and dividing the total by the lot size in square feet (see following example).
Example:
Lot size: 80,000 square feet
Proposed impervious surfaces: 9,500 square feet
Proposed semi-impervious surfaces: 1,500 square feet
Total impervious site coverage = (9,500 + 1,500/2)/80,000 x 100% = 12.8% impervious
CEMETERY
Land, place, structure, facility or building for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle.
CHARITABLE ORGANIZATION
A not-for-profit corporation or association organized for charitable purposes, including but not limited to education, social welfare, environmental conservation, scientific research, cultural enrichment and the arts.
CIDERY
Any place or premises where cider is manufactured for sale, tasting and consumption during regular business hours; and all offices, vaults, yards and store rooms connected therewith or where any part of the manufacture of cider is carried on or where the apparatus connected with such manufacture is kept or used or where any of the products of cider are stored or kept shall be deemed to be included in and form part of the cidery to which they are attached or are appurtenant as defined in the New York State Alcoholic Beverage Control (ABC) Law. A cidery may also include a farm cidery licensed under the New York State Alcoholic Beverage Control (ABC) Law and a farm operation subject to the requirements of the guidelines of the New York State Department of Agriculture and Markets associated with a farm operation subject to the requirements of the guidelines of the New York State Department of Agriculture and Markets. Such use shall require the issuance of a special use permit by the Zoning Board of Appeals, site plan approval from the Planning Board and, unless otherwise permitted pursuant to New York State's ABC and Agriculture and Markets Laws, may only be established in the Rural B (RB), New Woodstock Central Business Overlay (NWCBO), Commercial Overlay (CO), Industrial Overlay (IO) and Village Edge Overlay (VEO) Districts.
CLUB, MEMBERSHIP
Premises used by a not-for-profit organization catering exclusively to members and their guests for social, recreational, athletic or similar purposes. A club which falls within the definition of "recreational business" shall be deemed to be a recreational business.
COMMERCIAL GARAGE (MOTOR VEHICLE REPAIR AND SERVICE)
See "vehicle service."
COMMERCIAL MOBILE SERVICES
Cellular telephone services, special mobile radio services and personal communication services as those terms are defined and regulated by the FCC.
COMMERCIAL SOLAR PROJECT
A solar energy system or collection of solar energy systems or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of supplying electricity to a utility grid for wholesale or retail sales of electricity to the general public or utility provider.
[Added 5-9-2022 by L.L. No. 3-2022]
COMMUNITY SOLAR PROJECT
Proposed commercial solar projects sited in the Town of Cazenovia that will feature the ability to participate in subscriptions for lower electricity costs to Town residents.
[Added 5-9-2022 by L.L. No. 3-2022]
COMPLETE APPLICATION
An application for a special use permit, site plan or subdivision approval, zoning amendment or variance found by the reviewing board to satisfy all information requirements of this chapter and of the New York State Environmental Quality Review Act (SEQRA), for which either a negative declaration has been issued or a draft environmental impact statement has been accepted as satisfactory pursuant to 6 NYCRR 617.8(b)(1).
COMPREHENSIVE PLAN
The Village and Town of Cazenovia Comprehensive Plan adopted by the Town Board for the future preservation and development of the Town of Cazenovia pursuant to § 272-a of the Town Law, including any part of such plan separately adopted and any amendment to such plan.
CONCENTRATED ANIMAL FEEDING OPERATION
An animal feeding operation that would be required to obtain a NYSDEC State Pollution Discharge Elimination System (SPDES) General Permit based upon the numbers and types of animals and/or method of animal waste discharge.
CONDOMINIUM
A system of ownership of dwelling units, either attached or detached, established pursuant to the Condominium Act of the State of New York,[1] in which the apartments or dwelling units are individually owned.
CONFORMITY; CONFORMING
Complying with the use, density, dimensional and other standards of this chapter.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance with the provisions of Article 49, Title 3, of the Environmental Conservation Law, or § 247 of the General Municipal Law, for the purposes of conservation of open space, agricultural land and natural, cultural, historic and scenic resources.
CONSTRAINED LAND
Includes DEC and Army Corps of Engineers wetlands, watercourses, one-hundred-year floodplains, public and private road rights-of-way, utility easements and steep slopes (containing an average grade of 15% or more, and which slopes are 5,000 square feet or more of contiguous sloped area).
CONSTRUCTION TRAILER
A mobile unit used for nonresidential purposes associated with on-site construction.
CONTAMINATION
The degradation of natural water quality as a result of human activities to the extent that its usefulness is impaired.
CONVENIENCE STORE
A retail store, intended to serve motorists and neighbors, generally providing a limited range of packaged food, beverage and other consumable household merchandise often associated with another principal use such as a gasoline service station.
CRAFT WORKSHOP
A place where artists, artisans, craftsmen and other skilled tradespeople produce and sell custom-made art or craft products, including but not limited to baskets, cabinets, ceramics, clothing, flower arrangements, jewelry, metalwork, musical instruments, paintings, pottery, sculpture, toys and weaving. A craft workshop may involve the sale of accessories, supplies and incidental items not produced on the premises, provided that no more than 10% of floor space is used for such sales.
CREMATORY
A facility or portion of a building in which the remains of deceased human beings are processed by cremation.
DAY-CARE CENTER; NURSERY SCHOOL
Any establishment caring for children or adults that is not considered a family day-care home, group family day-care home or family adult day-care home. No day-care center shall be established without licensing, and every special use permit for a center shall be conditioned upon the licensing, certification or other approval of every public agency charged with the regulation or supervision of any facet of the proposed center.
DAY-CARE HOME, FAMILY ADULT
A program caring for adults for more than three hours per day per person in which day care is provided in a family home for three to six adults.
DEICING COMPOUNDS
Any bulk quantities of chloride compounds and/or other deicing compounds (e.g., urea or calcium magnesium acetate) intended for application to roads, including mixtures of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. Bulk quantity of deicing compounds means any quantity, but does not include any chloride compounds in a solid form which are packaged in waterproof bags or containers which do not exceed 100 pounds each.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction or alteration of buildings or other structures, as well as mining, grading, dredging, filling, paving, excavations or drilling operations.
DIRECT CURRENT
An electric current of constant direction, having a magnitude that does not vary or varies only slightly.
[Added 5-9-2022 by L.L. No. 3-2022]
DISPOSAL
The abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing by any other means of any solid waste, petroleum, radioactive material, hazardous substance, hazardous waste or aqueous-carried waste into or onto land or a surface water body.
DISTILLERY
A facility for distillation of fermented products to produce distilled beverages with a high alcohol content on premises for retail sale, tasting and consumption during regular business hours as defined in the New York State Alcoholic Beverage Control (ABC) Law. A distillery shall include a farm distillery licensed under the New York State Alcoholic Beverage Control (ABC) Law and a farm operation subject to the requirements of the guidelines of the New York State Department of Agriculture and Markets associated with a farm operation which markets farm products consistent with the guidelines of the New York State Department of Agriculture and Markets policy. Such use shall require the issuance of a special use permit by the Zoning Board of Appeals, site plan approval from the Planning Board and, unless otherwise permitted pursuant to New York State's ABC and Agriculture and Markets Laws, may only be established in the Rural B (RB), New Woodstock Central Business Overlay (NWCBO), Commercial Overlay (CO), Industrial Overlay (IO) and Village Edge Overlay (VEO) Districts.
DOCK
A floating or fixed structure projecting from or along the shore into the water of Cazenovia Lake, which may or may not have elements attached to the lake bottom, including floating docks, piers and wharves used as a berthing place for boats, as well as docks used for swimming, sitting or other recreational purposes. (See "permanent dock.") Any dock which is not considered a permanent dock shall be deemed a temporary dock.
DRIVE-THROUGH
The principal accessory use, including an ATM, which by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product while remaining in a motor vehicle and may include drive-in outdoor theaters, fast-food establishments, banks, pharmacies and similar uses.
DRIVEWAY
A private way providing vehicular access from a public or private road to a residence or to a commercial or noncommercial establishment.
DWELLING
A building designed or used exclusively as living quarters for one or more families.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
DWELLING, MULTIFAMILY
A dwelling containing separate living units for three or more families.
DWELLING, SINGLE-FAMILY
A detached building designed for the use of one household, including one or more persons living as a family.
DWELLING, TWO-FAMILY
A dwelling designed for and occupied by not more than two families in separate dwelling units, each of which is totally separated from the other by a continuous wall extending from the lowest floor to the roof or an unpierced ceiling and floor extending from exterior wall to exterior wall.
EDUCATION FACILITY or SCHOOL
Any institution of learning recognized by the New York State Department of Education which offers instruction in the several branches of learning either as a public, private, vocational or a vocational institution, but does not include instruction incidental to the operation of a business or organization.
ENVIRONMENTAL MONITOR (EM)
An individual possessing the skills and knowledge to effectively develop a site for use as a solar PV system and then reclaim the site restoring it, to the greatest extent practical, to its original use.
[Added 5-9-2022 by L.L. No. 3-2022]
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, gravity or other forces.
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
FAA
The Federal Aviation Administration.
FAMILY
One person, or a group of two or more persons living and cooking together in the same dwelling unit as a single housekeeping entity. A roomer, boarder, lodger, occupant of supervised group quarters, or grouping of unrelated students shall not be considered a member of a family.
FAMILY DAY-CARE HOME
Any place, however designated, which has been issued a permit to operate a family day-care home by the New York State Department of Social Services pursuant to Part 417 of the New York State Department of Social Services regulations and generally serving 12 or fewer children.
FARM AND FARMING
Any lot or parcel of land at least seven acres in area which is used in conjunction with a farm operation and where the utilization of land and structures for the production, preservation, nonindustrial processing, storage and sale of agricultural commodities such as crops, plants, vines, flowers, grapes, products, trees, sod, shrubs, livestock, honey, Christmas trees, compost, poultry, dairy products, animals, including commercial horse boarding operations, equine operations, timber operations and compost/biomass operations as defined by Agriculture and Markets Law (AML) § 301, but not including uses of land primarily for the disposal of offal or garbage. There are no acreage limitations for farm operations located within a county agricultural district and such farms also include commercial horse boarding operations, equine operations, timber operations and compost/biomass operations as defined in AML § 301.
FARM BREWERY, CIDERY, DISTILLERY AND/OR WINERY
Any brewery, cidery, distillery and/or winery associated with and in connection with the marketing of farm products as recognized under the New York State Agriculture and Markets Law. A farm brewery, cidery, distillery and/or winery must be licensed by the State Liquor Authority; as defined in the Alcoholic Beverage Control Law.
FARM EQUIPMENT SALES AND REPAIR BUSINESS
An open area, with or without an associated enclosed structure or structures, which displays for sale, lease or rent new or used farm equipment with associated retail sales. Such use shall not include the displaying or sale of gasoline or oil to the public generally.
FARM OPERATION
As defined in the New York Agriculture and Markets Law, Article 25-AA, § 301(11), as amended, land and on-farm buildings, equipment, manure processing and handling facilities and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse boarding operation; a timber operation; compost, mulch or other biomass crops; and a commercial equine operation. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. In consideration of any approvals or interpretations relative to farm operations, the reviewing officer or body may consider the applicability of Article 25-AA, § 301(11) of the New York State Agriculture and Markets Law along with the Department of Agriculture and Markets guidance with respect to such uses. A farm operation may include a farm stand, subject to the granting of site plan approval.
FARM OPERATION EVENTS
The use of active agricultural parcels for the additional purpose of holding limited events designed to enhance the underlying farm operation and to provide farmers with an opportunity to provide supplemental income to the farm operation and to allow for educational opportunities to individuals relating to agriculture in the State of New York and the region. Such events shall require the issuance of a special use permit from the Zoning Board of Appeals and site plan review from the Town of Cazenovia Planning Board and shall meet the requirements of Article XVIII (Additional regulations for certain specified uses) at § 165-72.1 herein.
[Added 2-14-2022 by L.L. No. 2-2022]
FARM STAND
An incidental and subordinate activity of a farm involving a building or lot or portions of a building or lot used for the seasonal retail sale of agricultural products and may include activities in which retail customers pick or select their own produce from the fields or growing areas. A farm stand is deemed to be an accessory use to a farm operation. Farm stands with an area greater than 144 square feet but less than 1,000 square feet shall require the granting of a site plan approval from the Planning Board. A farm stand in excess of 1,000 square feet shall only be allowed upon the issuance of a special use permit. Farm stands with an area less than 144 square feet are allowed as an accessory use as of right.
FARMLAND OF STATEWIDE IMPORTANCE
Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS's) Soil Survey Geographic (SSURGO) Database on Web Soil Survey, and/or pursuant to the New York State classification system for Madison County, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed. Farmland of statewide importance may include tracts of land that have been designated for agriculture by New York State.
[Added 5-9-2022 by L.L. No. 3-2022]
FCC
The Federal Communications Commission.
FENCE
A structure or partition consisting of wood or traditional and commonly accepted fencing materials erected for the purpose of partitioning or enclosing a piece of land or to divide a piece of land into distinct portions or to separate two contiguous estates.
FERTILIZERS
Any commercially produced mixture generally containing phosphorous, nitrogen and/or potassium which is applied to the ground to increase nutrients from plants.
FILLING
Any activity which deposits natural or artificial material in a manner that modifies the surface or subsurface conditions of land or watercourses.
FLEET
A group of motor vehicles owned or operated as a unit or a group of motor vehicles operating together under the same ownership.
FLOODPLAIN; ONE-HUNDRED-YEAR FLOODPLAIN
Land subject to a one-percent or greater chance of flooding in any given year.
FLOOR SPACE
The sum of the areas of habitable, potentially habitable or commercially usable space on all floors of a structure, including the interior floor area of all rooms (including bathrooms and kitchens), closets, pantries, hallways that are part of a dwelling unit or inside a commercial building, walk-out basements, attics with sufficient ceiling height to be used for habitation, excluding cellars or unfinished basements where less than four feet of the interior basement height is above grade level on all sides. Floor space shall be measured from exterior wall to exterior wall. In the case of a mixed use, it shall be measured from exterior wall to the center of the dividing walls.
FLUSH-MOUNTED SOLAR ENERGY SYSTEM
A rooftop-mounted solar energy system with solar panels which are installed flush to the surface of a roof and which cannot be angled or raised.
FOOTPRINT
Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and footings and covered by roofing. This shall also include decks and porches, whether covered or uncovered.
FRONT
The side of a building or structure parallel to and closest to a road or street. On a corner or a through lot, both sides of a building facing the street shall be considered the front.
FUEL OIL
All oil which has been refined, re-refined or otherwise processed for the purpose of being burned to produce heat.
GARAGE, COMMERCIAL OR PUBLIC
A building, structure or lot used for the storage, repair, painting, towing, rental, incidental sale and/or servicing of motor vehicles.
GAZEBO
An unenclosed building not exceeding 12 feet in height without solid walls.
GLARE
Spillover of artificial light beyond the area intended for illumination in a manner which either impairs vision or beams light onto adjoining properties or toward the sky.
GRADING
Any excavation, alteration of land contours, grubbing, filling or stockpiling of earth materials.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is affixed to the ground either directly or by mounting devices and which is not attached or affixed to a building or structure.
GROUNDWATER
Water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone.
GROUP DAY-CARE HOME
Any place, however designated, which has been issued a permit to operate a group family day-care home by the New York State Department of Social Services pursuant to Part 416 of the New York State Department of Social Services department regulations and generally serving no more than six children.
HAZARDOUS SUBSTANCE
Any substance listed as a hazardous substance in 6 NYCRR Part 597, Hazardous Substance List, or a mixture thereof. In general, a hazardous substance means any substance which:
A. 
Because of its quantity, concentration or physical, chemical or infectious characteristics poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of or otherwise managed.
B. 
Poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of or otherwise managed.
C. 
Because of its toxicity or concentration within biological chains, presents a demonstrated threat to biological life cycles when released into the environment.
HAZARDOUS WASTE
A waste or combination of wastes which is identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and List of Hazardous Wastes. Hazardous wastes include but are not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to 2.0, alkalis with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes or any material exhibiting the characteristics of ignitability, corrosivity, reactivity or which fails the toxicity characteristic leaching procedure (TCLP).
HEALTH CARE FACILITY; HOSPITAL
A hospital, nursing home, medical clinic or office building for doctors and other medical personnel, including any residential facility in which the residents receive medical, nursing or other care meeting the needs of daily living because of the residents' state of health, including but not limited to assisted living, congregate care and rehabilitation facilities.
HEDGE
A row of closely planted shrubs or low-growing trees forming a fence or visual or physical boundary.
HOME OCCUPATION
A home occupation may be allowed as an accessory use to any principal residential use in the RA, RB or Lake Watershed District and as provided elsewhere in this chapter. Any occupation or profession which is consistent with the requirements of this chapter and is conducted in a manner that is compatible with and not detrimental to neighboring properties or to the residents of the Town of Cazenovia may be considered a home occupation.
A. 
A home occupation must meet the following additional criteria:
(1) 
The occupation or profession must be one which is customarily conducted in a dwelling.
(2) 
The occupation or profession must be carried on by a member or members of the family who reside in the dwelling. No more than one nonfamily member shall be allowed to work on the premises at any one time.
(3) 
The occupation or profession must be incidental and secondary to the use of the dwelling and lot for residential purposes.
(4) 
The occupation or profession must be carried on entirely within the dwelling.
(5) 
There shall be no exterior alteration of the structure, or exterior display, or exterior storage, or other visible evidence of the operation of the home occupation.
(6) 
There shall be no signs or other visible evidence of the home occupation.
(7) 
There shall be no offensive odor, fumes, noise, vibration, dust, heat, electrical interference, glare or other disturbance which interferes with neighboring properties or the residents of the Town of Cazenovia in any manner that is greater than that usually experienced in a residential neighborhood of the Town of Cazenovia.
B. 
If all of the criteria stated in Subsections A(1) through (7) are otherwise complied with, a home occupation will include, but will not be limited to, an office in residence such as that of a physician, dentist, lawyer, architect, accountant, engineer, insurance or real estate salesperson, artist, musician, surveyor or manufacturer's representative, and other occupations in residence such as dressmaking, handicrafts, art crafts, crafts, catering, child care and musical instruction.
HOST COMMUNITY AGREEMENT
A contract between a developer and a local governing body, whereby the developer agrees to provide the community with certain negotiated benefits and mitigate specified impacts of the solar project.
[Added 5-9-2022 by L.L. No. 3-2022]
HOTEL
A building used primarily to provide sleeping accommodations for the transient public in which more than six rooms are available for short-term rent.
IMPERVIOUS SURFACE
Any surface which adsorbs less than approximately 50% of stormwater which falls on it or crosses it. The following surfaces are considered impervious by the Town of Cazenovia:
A. 
Concrete pavements, regardless of the amount of porosity or perviousness of the concrete.
B. 
Asphalt pavements, regardless of the amount of porosity or perviousness of the asphalt.
C. 
Driveways made with paving blocks, regardless of the porosity or perviousness of the blocks or the spacing of the joints between blocks.
D. 
Gravel and crushed stone.
E. 
Oil and stone pavements.
F. 
Rock outcroppings.
G. 
Roofs and gutters.
H. 
Pools with less than 4.5 inches of freeboard.
I. 
Hot tubs.
J. 
Patios and walkways made with bricks, pavers or flagstones, regardless of the porosity or perviousness of the materials or the amount of space between joints.
K. 
Wooden decks with tight joints such as ship lap or tongue and groove.
L. 
Other surfaces which adsorb less than 50% of stormwater falling into or crossing the surface at any time during the lifespan of the material, based on the judgment of the Town Engineer.
IMPERVIOUS SURFACE COVERAGE
The ratio between impervious surface and total land area of a lot expressed as the percentage of land covered by impervious surfaces.
IMPORTANT BIRD AREA (IBA)
An area determined by the New York Audubon Society to meet one of three criteria: 1) a place where birds congregate in large numbers at one time; 2) a place for species that are at risk; and/or 3) a place that supports groups of birds representing certain habitats such as forests, wetlands, grasslands and shrublands.
[Added 5-9-2022 by L.L. No. 3-2022]
INTERIOR ROAD
A road constructed off of an existing public street that provides access to the interior of a parcel.
INTERIOR VOLUME
The sum of the volumes of all enclosed habitable spaces on all floors of a structure, including the interior volume of all rooms (including bathrooms and kitchens), closets, pantries and hallways, excluding cellars or unfinished basements. Interior volume of habitable space is computed by multiplying the floor space of habitable areas by the height of the actual enclosed space, and is expressed in cubic feet.
JUNK
Any worn-out, cast-off, discharged or neglected article or material which is ready for destruction or has been collected or stored for salvage or conversion to another use. "Junk" does not include any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purposes as readily as when new or any article stored for restoration or display as part of a bona fide hobby (such as antique automobiles, antique farm machinery, antique engines, special interest automobiles, etc.).
JUNK MOTOR VEHICLE/EQUIPMENT
Any motor vehicle, household or commercial furnishing, equipment or assemblies or used parts or waste materials from such vehicles, equipment or parts or other equipment which is:
A. 
Unlicensed or unregistered motor vehicle except if stored in an approved facility for vehicle sales or commercial garage; or
B. 
Not in condition for legal use upon the public highways; or
C. 
Abandoned, wrecked, stored, discarded, dismantled or partly dismantled.
JUNKYARD
Any area of land, including buildings thereon, which is used primarily for the collecting, storage and 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 and for sale of parts thereof.
KEEPING OF ANIMALS
Any use involving raising, feeding, caretaking, breeding or otherwise keeping animals, excluding dogs, cats, horses, donkeys and chickens, exclusively for noncommercial use by the owner or occupier of the premises on which such animals are located and not kept as part of a farm.
KEEPING OF CHICKENS
Any use involving hatching, feeding, caretaking or otherwise keeping chickens for the exclusive, noncommercial use of the owner or occupier of the premises on which such chickens are located and not kept as part of a farm.
KILOWATT (kW)
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used; 1,000 kW is equal to one megawatt (MW).
[Added 5-9-2022 by L.L. No. 3-2022]
LAKE FRONTAGE
The longest distance along two straight lines formed by connecting the lot corners where they intersect the lake line with an intermediate point (selected to maximize the length of the two lines) on the lake line, not including man-made projections into the lake.
LIGHT INDUSTRY/INDUSTRIAL
Manufacture, assembly, treatment or packaging of products that does not emit objectionable levels of smoke, noise, dust, odor, glare or vibration beyond the property boundaries.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting roads.
LOT LINES
The property lines that bound a lot as defined herein.
LOT OF RECORD
Any legal building lot which has been established as such by plat, survey record or deed prior to the date of this chapter as shown on the records in the office of the Madison County Clerk.
LOT; PARCEL
An area of land with definite boundaries, all parts of which are owned by the same person(s) or entities, the boundaries of which were established either by the filing of an approved subdivision plat or by the recording of a deed. Where a parcel is divided by a public road, such division shall be deemed to create separate lots, even if such lots do not have individual tax parcel numbers or have been transferred in the same deed.
LOT, REAR
A lot on which the buildable area is located generally to the rear of other lots having frontage on the same road as such lot and having access to the road via a strip of land that does not have the minimum road frontage ordinarily required in the zoning district.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the lot, which is not a corner lot.
LOT WIDTH
The shortest distance between the side lot lines, measured at the front of the principal building, or at the building front yard setback in the case of an undeveloped lot.
LOW-IMPACT SERVICE BUSINESS
A business or nonprofit organization that provides services to the public, either on or off the premises, including but not limited to building electrical, plumbing and landscape contracting, arts instruction or studio, business and educational services, catering, housecleaning services, locksmith, document imaging, tailoring, data entry. "Low-impact service business" does not include retail business, restaurants, warehouses, auto repair or other uses separately listed in this chapter.
LUXURY CAMPING, LUXURY TENTING (GLAMPING)
The use of lands as seasonal camping facilities consisting of seasonal luxury tents for overnight lodging with or without a related common lobby tent and which meets the requirements of Article XVIII, Additional Regulations for Certain Specified Uses, at § 165-82.5 herein.
[Added 5-13-2019 by L.L. No. 3-2019]
MAJOR PROJECT
A proposed use that requires a special permit or site plan approval and that exceeds any of the thresholds for a minor project.
MANUFACTURING/INDUSTRIAL
The transformation of raw materials into finished goods for sale, or intermediate processes involving the production or finishing of semi-manufactures. It is usually accomplished by means of a large-scale industrial operation with the use of industrial machines. Specifically excluded from this definition is any facility with a process or manufacturing procedure that creates a fuel or generates power that is exported from the facility.
MANURE
Animal feces and urine.
MANURE STORAGE FACILITY
A facility constructed as an accessory use to a legally established animal husbandry use, public or private stable or kennel intended or used to collect, hold, process, store, treat or distribute animal solid and/or liquid waste, including by way of example storage tanks, lagoons, seepage pits, drains and collection systems, composting pads and storage containers intended to handle waste. Such use shall require site plan approval.
MARINA
Any installation which provides any commercial accommodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or servicing.
MEGAWATT (MW)
A unit of electrical power equal to 1,000 kilowatts, which constitutes a unit of electrical demand.
[Added 5-9-2022 by L.L. No. 3-2022]
MINING
See "open pit mining."
MINOR PROJECT
A use or combination of uses on a lot or a series of adjoining lots that requires either site plan review or a special use permit and that, over a fifteen-year period, does not exceed any of the following limits:
A. 
Construction of four multifamily dwelling units or a boardinghouse or lodging facility with six bedrooms.
B. 
Construction of facilities or structures for a nonresidential use covering no more than 12,000 square feet of building footprint.
C. 
Alteration of existing structures or expansion of such structures by no more than 12,000 square feet.
D. 
Conversion of existing structures totaling 12,000 square feet or less to another use.
E. 
Alteration and active use of 43,560 square feet or less of land with or without structures.
MIXED USE
Any combination of residential, commercial or industrial uses on the same lot or in the same building.
MOBILE HOME
A transportable living unit (which is no older than 15 years) used or designed to be used year round as a permanent residence and containing the same types of water supply, waste disposal and electrical systems as immobile housing. Motor homes designed to be driven or towed by an automobile or motor vehicle, units designed for use principally as a temporary residence, or prefabricated, modular or sectionalized houses transported to and completed on a site are not considered to be mobile homes. Mobile homes older than 15 years may not be added to a lot.
MOBILE HOME COURT
Any court, park, place, lot or parcel under single ownership which is improved for the placement of two or more mobile homes to be used as permanent residences.
MOBILE HOME PARK
An area for the placement of one or more mobile homes, trailer homes or house trailers intended to be used for permanent or semi-permanent residency, whether for sale or lease.
MODULAR OR MANUFACTURED HOME
Any single-family dwelling unit which is manufactured in whole or in components at a place other than the location where it is to be placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal construction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home.
MOTEL
A building or group of buildings containing individual sleeping units, each with direct out-of-door access, and designed primarily to serve automobile travelers.
MUNICIPAL FACILITY
Any Town of Cazenovia or Village of Cazenovia building or other facility used for governmental purposes and any fire station.
NATIVE PERENNIAL VEGETATION
Native wildflowers and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
[Added 5-9-2022 by L.L. No. 3-2022]
NET-METERING
A billing arrangement that allows solar customers to receive credit for excess electricity which is generated from the customer's solar energy system and delivered back to the grid so that customers only pay for their net electricity usage for the applicable billing period.
NONCONFORMING LOT
A lot which does not comply with the area, shape, frontage or locational provisions of this chapter for the district in which it is located.
NONCONFORMING STRUCTURE
A structure which does not satisfy the dimensional requirements of this chapter, including impermeable surface coverage requirements, for the district in which it is located, but which was not in violation of applicable requirements when constructed.
NONCONFORMING USE
Any use lawfully existing prior to and at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted by or does not conform to the permitted use provisions of this chapter for the district in which it is located. A preexisting lawful use which is allowed only by special use permit under this chapter shall be considered a nonconforming use until such time as a special use permit is granted for it.
NON-OWNER-OCCUPIED TRANSIENT OCCUPANCY LODGING
A dwelling or dwelling unit, including associated appurtenant facilities, used for transient occupancy by one or more guests, boarders or tenants, where no record owner of the property is residing on the premises and no record owner of the premises is physically present upon the premises during the transient occupancy, and whether or not meals or cooking facilities are provided for the guests, boarders or tenants, but excluding hotels and motels and approved bed-and-breakfast uses. Non-owner-occupied transient occupancy lodging is prohibited in the Town of Cazenovia.
[Added 5-13-2019 by L.L. No. 2-2019]
NURSERY or GREENHOUSE
Any operation engaged in the production of any agricultural plan to produce trees, shrubs, bushes, sod, flowers, ferns, plants or associated products that will be used in another location. Such use shall only be allowed in the Rural B (RB), New Woodstock Central Business Overlay (NWCBO), Commercial Overlay (CO), Industrial Overlay (IO) and Village Edge Overlay (VEO) Districts and shall be subject to the issuance of a site plan approval from the Planning Board and a special use permit from the Zoning Board of Appeals.
NURSING HOME
A building used for the treatment or other care of human ailments, which term includes a sanitarium, sanatorium, clinic, rest home and convalescent home.
OFFICE(S)
A use that is devoted exclusively to business, nonprofit or professional services.
OFFICIAL NEWSPAPER
The newspaper or newspapers designated by the Town for the publication of official notices of meetings and public hearings.
OPEN PIT MINING
Use of a parcel of land or contiguous parcels of land, or portions thereof, for the purpose of extracting and selling stone, sand and/or gravel, not including the process of preparing land for construction of a structure for which a building permit has been issued.
OPEN SPACE
An area of land not developed with structures and used for recreation, agriculture, lawn or forestry or left in its natural state.
OUTDOOR STORAGE
Land used for the keeping of goods, wares, equipment or supplies outside of a structure. In general, all outdoor storage is prohibited in the Town of Cazenovia except where specifically allowed.
OWNER-OCCUPIED TRANSIENT OCCUPANCY LODGING
A specially permitted use occurring in an existing one-family dwelling or dwelling unit, including associated appurtenant facilities, used for transient occupancy by one or more guests, boarders or tenants, with at least one record owner of the property residing on the premises and physically present upon the premises during the nighttime hours (7:30 p.m. to 7:30 a.m.) of the transient occupancy, and whether or not meals (breakfast) are provided for the guests, boarders or tenants, but excluding hotels and motels. See also "bed-and-breakfast."
[Added 5-13-2019 by L.L. No. 2-2019]
PARKING SPACE
The net area needed for parking one automobile.
PERMANENT DOCK
A fixed structure projecting from or along the shore into the water of Cazenovia Lake with elements attached to the lake bottom, or any structure that remains in the lake for more than eight months of the year, including floating docks, piers and wharves used as a berthing place for boats. An articulating dock, which is attached to the shore year round and projects into the lake for only part of the year, shall be deemed to be a permanent dock.
PET CEMETERY
Land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for use, or reservation for use, for the permanent interment or interment above or below ground of pet remains.
PET CREMATORIUM
Any land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for the cremation of pets.
PETROLEUM
Any petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, re-refined or otherwise processed:
A. 
For the purpose of being burned to produce heat or energy;
B. 
As a motor fuel or lubricant; or
C. 
In the operation of hydraulic equipment.
PLAT
A map or plan submitted to the Planning Board as part of an application for subdivision approval. (See Chapter 146, Subdivision of Land.)
PLOT PLAN
A map or plan showing the boundaries of a parcel and all structures and important physical features on it, drawn to scale with accurate dimensions and submitted with an application for a minor project special permit or a variance.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
[Added 5-9-2022 by L.L. No. 3-2022]
PREEXISTING TOWERS AND ANTENNAS
Any tower or antenna for which a legal building permit was issued and which was constructed in existence as of December 1, 2006.
PREMISES
A lot, together with all the structures and uses thereon.
PRIME FARMLAND, PRIME SOILS, and PRIME SOIL LANDS
Soils and land that are best suited for producing food, feed, forage, fiber, and oilseed crops, and must be available for this use. Such soils have the soil quality, growing season, and moisture supply needed to economically produce a sustained high yield of crop when it is treated and managed according to acceptable farming methods. Prime farmland may now be in crops, pasture, woodland, or other land, but not in urban and built-up land or water areas. [As referenced by the 2019 Madison County Agriculture and Farmland Protection Plan; lands designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS's) Soil Survey Geographic (SSURGO) Database on Web Soil Survey; and Class I and Class II soil classifications found in the Madison County Planning Department Soil Classification Map of Madison County (September 2007).]
[Added 5-9-2022 by L.L. No. 3-2022]
PRIVATE ROAD
A road built to a minimum standard as required by the Town but not owned by or dedicated to the Town.
PROCESS WASTE
Any waste generated by industrial, commercial or mining operations that by virtue of some use, process or procedure no longer meets the manufacturer's original product specifications.
PUBLIC UTILITY
The facilities of any person, firm, corporation, municipality or municipal board duly authorized under state or municipal regulations to furnish to the public, within the Town, electricity, gas, communications, water, drainage and flood control. Specifically excluded from this definition is any facility with a process or manufacturing procedure that creates a fuel or generates power that is exported from the facility.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of solar energy systems (and the components thereof) and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town Code Enforcement Officer or such other Town officer or employee as the Town Board designates determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
QUARRY
Commercial excavation and extraction of soil, sand, stone, gravel, minerals or other natural materials and substances from land.
RADIOACTIVE MATERIAL
Any material in any form that emits radiation spontaneously, excluding those radioactive materials or devices containing radioactive materials which are exempt from licensing and regulatory control pursuant to regulations of the New York State Department of Labor or the United States Nuclear Regulatory Commission.
RECREATIONAL BUSINESS
A business and/or club which, for compensation and/or dues, offers recreational services, including but not limited to marinas, boatyards, ski resorts, miniature golf, movie theaters, public museums and other places of public or private entertainment.
RELIGIOUS INSTITUTION OR USE
A church, synagogue or other place of religious worship, as well as a monastery or other place of religious retreat.
RESIDENTIAL UNIT
See "dwelling unit."
RESIDENTIAL USE
A use of land and structures in which people live and sleep overnight on a regular basis.
RESTAURANT
A building or portion thereof where greater than 1,000 square feet thereof is utilized for the sale, preparation and/or consumption by the public, on and/or off the premises, of food and/or beverages, whether or not alcoholic.
RETAIL BUSINESS
An establishment selling goods to the general public for personal and household consumption, including but not limited to an appliance store, baker, drugstore, florist, grocer, hardware store, liquor store, newsstand, shoe store, stationery store and variety store.
REVIEWING BOARD
The board that grants a special use permit, variance, site plan or subdivision approval.
RIDING ACADEMY
An establishment where one or more of the following occur:
A. 
More than four horses are kept for riding, driving or horseback riding lessons, for compensation or incidental to the operation of any club, association, resort, riding school, ranch or similar establishment;
B. 
Public riding events or horse shows are held, for which an entrance fee is charged; or
C. 
An indoor riding ring is used for giving horseback riding lessons or holding events or shows.
ROAD FRONTAGE
The distance along a street line measured at the front of a lot.
ROAD; STREET
A public or private way for pedestrian and vehicular traffic, including an avenue, lane, highway or other way, and excluding a driveway or common driveway.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system in which solar collectors/panels are mounted on the roof of a building or structure either as a flush-mounted system or as panels fixed to frames which can be tilted to maximize solar collection. Rooftop-mounted solar energy systems shall be wholly contained within the limits of the building's or structure's roof surface.
SATELLITE DISH ANTENNA
Any parabolic dish, antenna, or other device or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites. Such an antenna shall be considered a "structure" within the meaning of this Chapter 165 of the Town Code of the Town of Cazenovia, as amended.
SCREEN; SCREENING
The location of structures in such a manner that they are not visible from a public road or any other public place during the summer months and no more than partially visible in winter. Objects or structures may be screened by topography, vegetation or other permitted structures not required to be screened.
SEASONAL USE
Any activity in a structure which is used and intended for use primarily in the summer months, and which generally lacks central heating or insulation. The occupancy of any habitable structure for more than eight months of the year shall be considered year round rather than seasonal.
SEMI-PERVIOUS SURFACE
Any man-made or non-natural (including newly introduced materials) surface which adsorbs more than approximately 50% of the stormwater which falls on it or crosses it. Semi-pervious surfaces shall be considered 50% impervious for the purpose of calculating the total impervious cover of a site. The following surfaces are considered semi-pervious by the Town of Cazenovia:
A. 
Wooden decks with loose joints of at least 1/8 inch.
B. 
Other man-made or non-natural (including newly introduced materials) surfaces which adsorb more than 50% of the stormwater falling onto or crossing the surface at any time during the lifespan of the material, based on the judgment of the Town Engineer.
SENIOR HOUSING
Living accommodations designed for and restricted to individuals who are aged and where specific age limits are prescribed by public or private regulatory or administration agencies.
SEPTAGE
The contents of a septic tank, cesspool or other individual wastewater treatment work which receives domestic sewage wastes.
SETBACK
The distance in feet from a property line to a structure on a lot.
SEWAGE
The combination of human and household waste with water which is discharged to the home plumbing system.
SIGN
Any billboard, signboard, inscription, pennant or other material, structure, exterior painting or device composed of lettered or pictorial material that is intended for outdoor viewing by the general public (including inside a window) and used as an advertisement, announcement or direction.
SIGN BAND
The defined area of a building facade wall that is designed and approved for the location of an attached sign(s).
SLUDGE
The solid, semi-solid or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.
SMALL WIND ENERGY SYSTEM or ON-SITE-USE WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine, a tower, and associated controller-conversion electronics which has a rated capacity of no greater than 25 kW for single-family residential related use and no greater than 125 kW (for nonresidential and farm applications) and which is intended to reduce on-site consumption of utility power.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
SOLAR COLLECTOR
A solar photovoltaic cell, panel, or array or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR ENERGY SYSTEM
A complete system of solar collectors, panels, controls, energy devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy including but not limited to thermal and electrical, stored and protected from dissipation and distributed. For purposes of this article, a solar energy system does not include any solar energy system of four square feet in size or less.
SOLAR FARMS
A solar energy system or collection of solar energy systems or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of supplying electricity to a utility grid for wholesale or retail sales of electricity to the general public or utility provider.
SOLAR PANEL
A device which converts solar energy into electricity and/or heat.
[Amended 5-9-2022 by L.L. No. 3-2022]
SOLAR SKYSPACE
The space between a solar energy system and the sun through which solar radiation passes.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available in an electrical form.
SOLID WASTE
Material as defined in 6 NYCRR Part 360, including any garbage, refuse, sludge from a wastewater treatment plan, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semi-solid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities, but not including solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit. Discarded materials that are being beneficially used pursuant to 6 NYCRR 360-1.15 are not considered solid waste.
SPECIAL USE PERMIT
The Town Zoning Board of Appeals' authority to approve, modify or disapprove a particular use identified in this chapter.
STABLE, PRIVATE
An accessory building where horses are kept for private use and not for hire, remuneration or sale. Such uses shall comply with § 165-82 of this chapter. For purposes of required pastureland, a pasture is open land which is suitable for and devoted to grazing, with no buildings, wells, septic systems or improvements.
STABLE, PUBLIC
A building where horses are kept for instruction, training, hire, remuneration or sale, including commercial horse boarding or commercial equine operations as defined by the Agriculture and Markets Law. Such uses shall comply with § 165-82 of this chapter.
STRIP COMMERCIAL DEVELOPMENT
The layout of a commercial use or uses in separated or common-wall structures along a state highway, with more than one row of parking located between the highway and the commercial building(s), where parking is visible from the road. The provision of gasoline pumps or other drive-up facilities in front of a building shall be contrasted with village center development, which is characterized by two-story or taller buildings set close together and close to the street (forming a street wall that encloses the street), with a pedestrian orientation (including sidewalks) and with all off-street parking located behind or to the side of buildings.
STRUCTURE
A static construction of building materials set upon or affixed to the ground or set upon or affixed to another structure, such as a building, dam, display stand, gasoline pump, installed mobile home or trailer, reviewing stand, shed, shelter, sign, stadium, storage bin, hot tub, pool, fence or wall.
TEMPORARY DOCK
Any dock that is not a permanent dock.
TOWER
A structure designated to support antennas. It includes, without limitation, freestanding towers, guyed towers, lattice towers and monopoles.
TOWN ENGINEER
The engineer retained by the Town Board or the Planning Board or other professional engineer qualified under the New York State Education Law and authorized by the Town Board to perform work for the Town.
TOWN LAW
The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
TRANSIENT OCCUPANCY
Living and/or sleeping accommodations provided for compensation and/or barter for any period of less than 30 consecutive calendar days, counting any portion of a particular day as a full calendar day. Bed-and-breakfasts shall be considered a type of transient occupancy.
[Added 5-13-2019 by L.L. No. 2-2019]
TRIP GENERATION RATE
The number of vehicle trips that begin or end at a land use during a given period.
TRUCK TERMINAL
Any location where freight originates, terminates or is handled in the transportation process or where carriers maintain operating facilities, excluding the premises of shippers or receivers of freight.
UNIFIED SOLAR PERMIT
The standardized permit and permit process utilized for streamlined processing of small-scale solar installations of 25 kW or less.
[Added 5-9-2022 by L.L. No. 3-2022]
USE
The purpose for which any premises may be arranged, designed, intended, maintained or occupied, or any occupation, activity or operation conducted or intended to be conducted on a premises.
UTILITY FACILITY
An installation used by a public utility to supply electric, gas, water, cable television, telephone or other utility service. Included are such facilities as electric unit substations, high-voltage transmission lines, pump stations, water towers and telephone substations. Utility distribution facilities serving customers directly are considered customary accessory uses, not utility facilities.
VARIANCE, AREA
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.
VARIANCE, USE
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. An increase in density or intensity of use shall be deemed to require a use variance if such increase is not allowed by right or by special permit.
VEHICLE SALES
The sale and/or leasing of used and/or new self-propelled vehicles, including automobile showrooms and used car lots.
VEHICLE SERVICE
The on-premises repair, maintenance, improvement and general servicing of self-propelled vehicles, including gasoline service stations, car wash facilities, body and fender shops, gas pumps and any and all types of similar facilities, whether automatic or attendant managed. See also "automobile service station."
VETERINARY PRACTICE (ANIMAL HOSPITAL, ANIMAL CLINIC)
A facility to diagnose and treat animal disease or disorders or prevent animal diseases or disorders and may include the incidental sheltering of treated animals.
VISIBLE; VISIBILITY
Able to be seen by a person with normal vision on a clear day where there is no foliage on deciduous trees.
WAREHOUSE
A structure or structures in which materials, goods or equipment are stored.
WAREHOUSE, SELF-STORAGE
A business that provides storage areas to the public.
WASTEWATER
Aqueous-carried waste, including, but not limited to, dredge spoil, solid waste, hazardous waste, incinerator ash and residue, sewage, septage, garbage, refuse, sludge, chemical waste, infectious waste, biological material, radioactive materials, heat and commercial, industrial, municipal and agricultural waste.
WATERSHED ZONE
The land areas that supply indirect sources of recharge to the zone of contribution, including nonaquifer areas that contributes surface water runoff, as well as aquifer areas contributing groundwater discharge into the zone of contribution.
WETLAND
An area of land that is characterized by hydrophytic vegetation, saturated soils or periodic inundation.
WIND ENERGY CONVERSION SYSTEM
A machine that converts the kinetic energy in the wind in a usable form (commonly known as a "wind turbine" or "windmill"). The wind energy conversion system or "WECS" includes all parts of the system.
WINERY
Any business established for the conversion of grapes or other fruits and foods into wines, grown on the premises or consistent with applicable New York State Alcoholic Beverage Control (ABC) Law, Agriculture and Markets Law. A winery may also include a farm winery licensed under the New York State Alcoholic Beverage Control (ABC) Law and a farm operation subject to the requirements of the guidelines of the New York State Department of Agriculture and Markets associated with a farm operation subject to the requirements of the guidelines of the New York State Department of Agriculture and Markets. Such uses may also provide wine tasting, wine sales and sales of related wine products. Such use shall require the issuance of a special use permit by the Zoning Board of Appeals, site plan approval from the Planning Board and, unless otherwise permitted pursuant to New York State's ABC and Agriculture and Markets Laws, may only be established in the Rural B (RB), New Woodstock Central Business Overlay (NWCBO), Commercial Overlay (CO), Industrial Overlay (IO) and Village Edge Overlay (VEO) Districts.
YARD
An open space on the same lot with a structure.
YARD, FRONT
An open space extending across the full width of the lot between the front building line and the street line.
YARD, LAKE
An open space extending across the full width of the lot between the lakeshore and the principal building.
YARD, REAR
An open space extending across the full width of the lot between the rear lot line and the rear of the principal building nearest the rear lot line.
YARD, REQUIRED
That portion of any yard required to satisfy minimum yard setbacks. No part of such yard can be included as part of a yard required for structures on another lot.
YARD, SIDE
An open space on the same lot with a principal building between the principal building and side line of the lot and extending from the front yard to the rear yard.
ZONE OF CONTRIBUTION
The land area overlying that portion of the local sand and gravel aquifer where all recharge and groundwater directly flows toward the pumping well(s).
ZONING LAW; THIS LOCAL LAW; THIS CHAPTER
The officially adopted Zoning Law of the Town of Cazenovia, together with any and all amendments thereto, in accordance with Article 16 of the Town Law and Articles 2 and 3 of the Municipal Home Rule Law.
ZONING ORDINANCE
Chapter 165 of the Town Code of the Town of Cazenovia, as amended.
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Editor's Note: See Real Property Law § 339-d et seq.