Except as indicated in § 150-3, the words used in this chapter shall have the meaning commonly attributed to them. Doubts as to their precise meaning or as to the definitions in § 150-3 shall be determined by the Board of Appeals hereinafter established.
The following words and terms used in this chapter are defined as follows:
ACCESSORY BUILDING
A building located on the same lot as a principal building but clearly subordinate to the principal building and used for purposes that are related but incidental to those of the principal building.
ACCESSORY USE
A use of land or a building or a portion thereof that is customarily subordinate and incidental to the principal use of the land or building and located on the same lot as the principal use.
ADULT RESIDENTIAL CARE FACILITY
Residential facilities for adults where minimal medical care is provided to residents on a twenty-four-hour basis for persons who are unable to live independently. Such establishments include an adult-care facility as defined in the New York State Social Services Law and which maintains a valid operating permit from the New York State or Onondaga County Department of Social Services. Adult-care facilities also include retirement homes and communities, which provide residences for the elderly with some supportive services (see also "retirement community").
ADULT USE
(See Chapter 9, Adult Uses.) A public or private establishment, or any part thereof, which is defined and regulated by Chapter 9, Adult Uses, of the Code of the Town of Fabius, regulating adult uses in the Town of Fabius.
AGRICULTURAL EMPLOYEE
An employee employed in activities which are included in the definitions of "agriculture, production" and "agriculture, services" and who is employed in these activities with sufficient regularity or continuity to characterize one as a person who engages in them as an occupation. Isolated or sporadic instances of engagement by an employee in activities defined as "agriculture, production" or "agriculture, services" would not ordinarily establish that one is an "agricultural employee." One's engagement in agriculture should be sufficiently substantial to demonstrate some dedication to agricultural work as a means of livelihood.
[Added 10-15-2015 by L.L. No. 1-2015]
AGRICULTURE, PRODUCTION
Land resources used, and the activity associated with, the production and processing of plants and animals to make them useful to society, including the use of temporary structures. Production agriculture can involve the cultivation and production of field crops, fruits, vegetables, horticulture products, nursery and greenhouse crops, livestock and livestock products, timber and fish products and similar activities involving the use of plants and/or animals (see also "farm").
AGRICULTURE, SERVICES
Businesses engaged in agricultural activities and/or agribusinesses that are not production oriented but involve complimentary nonagricultural activities, including technology, research, marketing and sales.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or to moving from one location to another.
APPEAL
A formal request to the Board of Appeals for a review of the Building and Zoning Officer's interpretation of any provision of this chapter or a request for a variance.
BED-AND-BREAKFAST
An owner-occupied, one unit dwelling within which overnight accommodations are provided for transient guests in compliance with the New York State Uniform Building Code and generally including the serving of breakfast to guests.
BUFFER STRIP
A strip of land, generally adjacent to a property line, on which a screen of landscaping that will be dense enough and high enough to be a visual buffer is installed and maintained by the property owner.
BUILDING
Any structure having walls and covered by a roof or roofs.
BUILDING, FRONT LINE OF
A line denoting that face of a building nearest the front line of the lot. This face includes sun parlors and covered porches but does not include steps.
CABIN or COTTAGE
A building designed for seasonal occupancy and not suitable for year-round living, whether or not such building is actually occupied seasonally or otherwise.
CHURCH or OTHER PLACE OF WORSHIP
A building or space for public worship and used by an organization that is registered by the State of New York.
COMMUNICATION TOWER
See "telecommunications tower".
COMMUNITY SERVICES
Businesses engaged primarily in the provision of goods and services to a larger population and generally not involving personal care or maintenance (see also "personal service").
CONVALESCENT HOME
An extended or intermediate care facility licensed by the State of New York to provide full-time convalescent or chronic care to individuals who are not able to care for themselves. A skilled nursing facility/nursing home.
CONVENIENCE (MINI) MART
A small commercial activity that may offer for sale convenience goods, beverages, sundries and motor fuel.
DRIVE-THROUGH
A commercial establishment, or part thereof, that encourages or permits customers to receive services, obtain goods or be entertained while remaining in their vehicles.
DWELLING
A permanent building, or part thereof, intended to be used for year-round habitation and designed to provide for eating, sleeping and cooking for one family. For purposes of this chapter, temporary shelters such as tents, trailers or other shelters designed to be readily removable from the premises shall not be considered to be a dwelling.
DWELLING, DOUBLE-WIDE MANUFACTURED HOME
A premanufactured one-family dwelling as defined under the National Home Construction and Safety Standards, as amended, and meeting the applicable special conditions set forth in § 150-22D of this chapter.
DWELLING, FACTORY MANUFACTURED
A one-family dwelling that meets all applicable New York State Building Codes and is constructed by a method or system of construction whereby the basic structure or its components are wholly, or in substantial part, manufactured in a remote facility. A factory manufactured dwelling does not have a hitch or wheels and is designed to be transported by truck to a lot for assembly and permanent installation on a foundation. For purposes of this chapter, a "mobile home" as defined herein, whether single-wide or double-wide, is not a factory manufactured dwelling.
DWELLING, MULTIPLE-FAMILY
A permanent detached building used or designed as a residence for three or more families living independently of each other and having separate kitchens and bathroom facilities for each unit.
DWELLING, ONE-FAMILY
A permanent detached building designed for and occupied exclusively by one family.
DWELLING, TWO-FAMILY
A permanent detached building designed for and occupied exclusively by two families living independently of each other.
FAMILY
An individual or two or more persons occupying a dwelling unit and living as a single household.
FARM
A parcel of land that is used in the raising of agricultural products, such as crops, livestock, poultry and dairy goods, and meeting the minimum standards for farming operations as established by the State Agriculture and Markets Law. A farm includes structures necessary to the production, storage, maintenance and care of agricultural products and equipment.
FLOOD, FLOODING
A general and temporary condition of partial or complete inundation of normally dry areas from an overflow of a stream or other body of water caused by severe storms or unusual and rapid surface water runoff.
GARAGE, PRIVATE
A carport or enclosed building, usually provided for use by the inhabitants of a residential building, in or about which no business activity or industry connected directly or indirectly with motor vehicles is conducted, and in which no more than four vehicles are housed.
GARAGE, SERVICE OR REPAIR
Buildings or premises or portions thereof arranged, intended or designed to be used for the sale of any type of vehicular motor fuel and which may also include areas or structures for polishing, greasing, washing, repairing or otherwise servicing of motor vehicles. A junkyard or salvage yard is not to be construed as a garage.
GREENHOUSE, PLANT NURSERY
Any building or structure in which light, humidity and temperature can be controlled or the growing and protection of flowers and other plants.
HEIGHT OF BUILDING
The average vertical distance from the ground outside the foundation wall to the highest point on the roof, exclusive of chimneys.
[Amended 10-15-2015 by L.L. No. 1-2015]
HOME OCCUPATION OR BUSINESS
An occupation or profession which is carried on entirely within a dwelling by one or more members of the family residing in the dwelling and is clearly secondary to the use of the dwelling as a residence, and which meets the performance standards set forth in § 150-22H of this chapter.
HOUSE TRAILER
A vehicle used for living or sleeping purposes and standing on wheels or rigid supports, but does not include HUD approved double-wide manufactured homes, as defined and as restricted herein, or modular homes.
JUNKYARD
A lot, land or structure, or part thereof, used for the collecting, storage or sale of wastepaper, rags, scrap metal, scrap wood, boxes, appliances or other personal property, discarded material or for the collecting, dismantling, storage or salvaging of machinery, appliances or other personal property, or two or more inoperable vehicles, or parts thereof, or for the sale of the whole or parts thereof (see "vehicle, inoperable").
KENNEL
Any premises, including structures, cages and runs, wherein are harbored more than four domestic animals that are at least four months old and are not owned by the property owner or lessee, for boarding, breeding, grooming, training or selling.
LAND USE ACTIVITY
Any action that occurs on land or in a structure that affects the use or appearance of said land or structure or the intensity of use thereof.
LOT
Any parcel, plot or tract of land separated from other parcels of metes and bounds description, or as shown on a survey or subdivision map, for the purpose of sale, lease or separate use.
LOT COVERAGE
The percentage of a lot covered by the ground level area of a building excluding terraces, decks and porches that are not enclosed or covered by a roof.
LOT, DEPTH OF
The mean distance from the street line of the lot to its opposite rear line measured along the approximate median between the two side lines.
LOT, FLAG
A lot that, at minimum, meets the area requirements of this chapter and is connected to a public road right-of-way by a strip of land at least 25 feet in width and containing a private access drive.
MOBILE HOME
A one-family dwelling transportable on its own chassis and wheels, installed on its own wheels or on rigid supports and designed to be towed from one site to another. For purposes of this chapter, a HUD-approved double-wide manufactured home or a modular home shall not be considered a mobile home.
NONCONFORMING BUILDING
A building existing on the date of adoption of this chapter, as amended, that does not meet the size, dimension or location requirements of the zoning district in which it is located.
NONCONFORMING LOT
A lot of record existing on the date of adoption of this chapter, as amended, that does not meet the minimum area or dimension requirements of the zoning district in which it is located.
NONCONFORMING USE
A building or use of land existing at the date of adoption of this chapter, as amended, that does not conform to the use regulations of the zoning district in which it is located.
OCCUPANCY, SEASONAL
Occupancy or use of a structure, building or space for only part of a year, usually for a period that does not exceed six months, total or cumulative, in any calendar year.
OPEN SPACE
That part of the gross lot area that is not used for building, parking or service, and may include lawns, garden areas, wooded areas, floodable land, driveways and residential parking areas.
PARKING SPACE
An area for the temporary parking or storage of motor vehicles and which has at least nine feet of width, 18 feet of length and seven feet of clear height, together with adequate provision for maneuvering and access thereto.
PERSON
Any individual, public or private corporation for profit or not-for-profit, association, partnership, limited-liability company, limited-liability partnership, firm, trust, or estate, and any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
[Added 10-15-2015 by L.L. No. 1-2015]
PERSONAL SERVICE BUSINESS
Establishments primarily engaged in providing services to individuals and involving personal care or maintenance.
RETIREMENT HOUSING
Self-contained housing development designed for, and marketed to, older people and providing minimal services.
ROAD, STREET OR HIGHWAY LINE
The line that is the common boundary line between a lot and a road, street or highway right-of-way.
ROADSIDE STAND
A stall or booth used for commercial purposes where farm products are offered for sale, usually on a seasonal basis.
SCHOOL
A public school or a private school (including a parochial school) certified by the Board of Regents of the State of New York, which is devoted primarily to academic instruction and offering a curriculum of study similar to that of a public school and attendance at which is in sufficient compliance with the compulsory education laws of the State of New York.
[Amended 10-15-2015 by L.L. No. 1-2015]
SIGN
Any structure, display, device or representation that is less than 60 square feet in area and designed or used to advertise or call attention to any thing, product, person, business, activity, event or place and visible from any road right-of-way. The flag or pennant of any nation, state or municipality shall not be considered a sign.
SIGN, OUTDOOR ADVERTISING BILLBOARD
Any device, structure, object or building facade larger than 60 square feet in area, located on private premises, no closer than 50 feet from a public right-of-way and generally used for advertising goods, services, places, activities or events other than those directly related to the premises on which such sign is located.
SITE PLAN
A plan for the proposed development or use of a parcel of land that is prepared and presented for site plan review pursuant to applicable provisions of this chapter.
SPECIAL CONDITIONS
Conditions and standards applicable to certain uses listed herein in Schedule I of this chapter as "SC" which conditions and standards must be complied with before a permit can be issued by the Building and Zoning Officer.
SPECIAL USE PERMIT
A permit from the appropriate Town agency, as specified in this chapter, authorizing certain uses listed herein in Schedule I as "SP" which will be permitted subject to specified requirements and conditions to assure that the proposed use is in harmony with the intent of this chapter and will not adversely affect the neighborhood if the requirements and conditions can be met.
STABLE, COMMERCIAL
A facility in which horses are boarded or trained for a fee or are kept and made available for hire, sale or other type of remunerative activity.
STRUCTURE
Anything constructed, erected or installed, the use of which requires a temporary or permanent location on, above or below the surface of land or water.
TELECOMMUNICATION TOWER
Any tower, pole or other structure designed to be used for the commercial transmission or reception of television, radio and cellular telephone signals, microwave or similar electronic impulses. Does not include amateur radio (HAMS) installations.
USED CAR LOT
The use of a premises for public selling or offering for sale of two or more vehicles at any one time.
UTILITIES: PUBLIC UTILITY
An entity which operates as a monopoly, and whose rates charged to customers are established by a utility commission. A public utility facility, structure or use is a facility, structure or use which is operated by a public utility, and which provides electric, gas, steam, CATV, telephone or other communication service, water or sewage directly to the general public, or any entity deemed to be a public utility by federal or state law. (See Article VII, § 150-25, Utilities.)
[Added 10-15-2015 by L.L. No. 1-2015]
VARIANCE
Written authority to deviate from any regulations of this chapter, said authority to be obtained from, or denied by, the Board of Appeals in accordance with applicable provisions of this chapter.
VARIANCE, AREA
Authorization by the Board of Appeals to use land in a manner that would not otherwise be allowed because of dimensional or physical requirements and regulations set forth in Schedule II or other applicable regulations of this chapter.
VARIANCE, USE
Authorization by the Board of Appeals for the use of land or a building that is otherwise not allowed or is prohibited by the provisions of Schedule I or other applicable regulations of this chapter and meeting applicable criteria of state law.
VEHICLE, INOPERABLE OR WRECKED
Two or more vehicles that cannot be operated because they are unlicensed or unregistered, or one or more vehicles that are used for parts or are wrecked or are otherwise inoperable.
YARD, FRONT
An open space extending across the entire width of a lot, between the road right-of-way and the front line of any potential building, projected to the side lines of the lot. Front yard depth shall be measured between the building line and the road right-of-way.
YARD, REAR
An open space extending across the width of a lot, between the rear line of the lot and a line parallel to the rear line, and at a distance therefrom as specified in Schedule II of this chapter.
YARD, SIDE
An open space on the same lot with any potential building, between such building and the side lot line and extending from, the front yard line to the rear yard line.