As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY STRUCTURE
A structure detached from and subordinate to a principal
building on the same lot, with less than one-half of the floor space
of the principal building, and which is used for purposes subordinate
and customarily incidental to those of the principal building or use,
including parking, storage and recreation. Structures used for agriculture,
whether or not used for housing animals, shall not be subject to the
aforesaid "one-half of the floor space of the principal building"
limitation.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use. A use shall
not qualify for treatment as an accessory use if it dominates the
principal use in area, extent or purpose.
AGRICULTURE
The science or practice of farming, including cultivation
of the soil for the growing of crops and the rearing of animals to
provide food, wool and other products.
ALTERATION
A rearrangement, enlargement or relocation of a building
or structure involving a change in the structural parts or means of
egress.
ANIMAL MANURE
Excrete from livestock, poultry and other materials, such
as bedding, rain or other water, soil, hair, feathers and other debris
normally included in animal manure handling operations.
ASSISTED-LIVING FACILITY
Home for eight or fewer unrelated mentally or physically
handicapped persons, including no more than two additional persons
acting as house parents or guardians, who need not be related to each
other or to any of the handicapped persons residing in the home, provided
that the exterior appearance of the home and property shall reasonably
conform to the exterior appearance of other dwellings and property
in the neighborhood.
BANK
A financial institution licensed to receive deposits and
make loans.
BED-AND-BREAKFAST
An owner-occupied, single-family dwelling providing sleeping
accommodations and a meal in the forenoon of the day, on a temporary
basis and for compensation.
BOARDING HOME
A house in which lodgers rent one or more rooms for one or
more nights, and sometimes for extended periods of weeks, months and
years.
BREWERY
Any place or premises where beer is manufactured for sale;
and all offices, granaries, mashrooms, cooling rooms, vaults, yards
and storerooms connected therewith or where any part of the process
of manufacture of beer is carried on, or where any apparatus connected
with such manufacture is kept or used or where any of the products
of brewing or fermentation are stored or kept shall be deemed to be
included in and to form part of the brewery to which they are attached
or are appurtenant. This definition includes farm breweries, which
include any place or premises, located on a farm within the Town,
in which New York State labelled beer is manufactured, stored and
sold.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the roof.
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
such a manner that the solar energy system is a permanent and integral
part of the building structure.
BUSINESS
Any commercial enterprise, establishment, association or
arrangement for profit.
CAMP
A place where simple buildings are erected for shelter or
temporary residence.
COMMERCIAL ANIMAL 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. However,
a pet crematorium shall not provide for permanent interment or inurnment
of pet remains.
COMMERCIAL FEEDLOT
A confined dry lot area for feeding of cattle or other animals
whose primary enterprise is to feed cattle and market them for slaughter.
COURTYARD
An unoccupied open space other than a yard, created by two
or more buildings or wings.
DISTILLERY
Any place or premises wherein any liquors are manufactured
for sale. This definition includes farm distilleries, which include
any place or premises located on a farm within the Town in which liquor
is manufactured primarily from farm and food products, as defined
in Subdivision 2 of § 282 of the Agriculture and Markets
Law, and such liquor is sold.
DOG KENNEL
The harboring of dog(s) for commercial purposes, including
but not limited to the breeding of dogs for sale and the boarding
of dogs for a fee.
DWELLING
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
DWELLING, MULTIPLE
Three or more attached dwelling units for three or more families,
living independently of each other, including apartment houses, apartment
hotels, condominiums, flats, townhouses and row houses.
DWELLING, TWO-FAMILY
A building designed for and occupied exclusively by two families
living independently of each other.
ELECTRICAL SUBSTATION
A substation is a part of an electrical generation, transmission
and distribution system.
ELECTRONIC, VIDEO OR DIGITAL MESSAGE SIGN
A sign capable of displaying words, symbols, figures or images
that can be electronically or mechanically changed by remote or automatic
means. These signs include, but are not limited to, displays using
incandescent lamps, light-emitting diodes (LEDs), or liquid crystal
displays (LCDs).
FAMILY
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
FARM
A farm operation as defined in the New York State Agriculture
and Markets Law.
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.
FOOD TRUCK
A large vehicle equipped to cook and sell food.
GARAGE, PRIVATE
An enclosed area for the storage of one or more motor vehicles
within which no business activity or industry is conducted other than
the rental space for not more than two vehicles.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, sale,
greasing, washing, servicing, adjusting or equipping of motor vehicles.
GASOLINE SERVICE STATION
A building or premises used for the retail sale of fuel for
motor vehicles, including facilities for greasing, cleaning, minor
repairing and servicing motor vehicles. Furthermore, in no event shall
"gasoline service station" be construed to mean, be or include any
explicitly prohibited uses as set forth in this chapter.
GATHERING LINE or PRODUCTION LINE
Any system of pipelines (and other equipment such as drip
station, vent stations, pigging facilities, valve box, transfer pump
station, measuring and regulating equipment, yard and station piping
and cathodic protection equipment), used to move oil, gas or liquids
from a point of production, treatment facility or storage area to
a transmission line, which is exempt from the Federal Energy Regulatory
Commission's jurisdiction under Section 1(b) of the Natural Gas Act, and which does not meet the definition of a "major utility
transmission facility" under the Public Service Law of New York, Article
VII, § 120(2)(b).
GREENHOUSE, COMMERCIAL
A building designed and occupied for the cultivation and/or
production of plants, vegetables or similar agricultural products.
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.
HOME OCCUPATION
An occupation or business use, full- or part-time, conducted
within a dwelling by a resident of the property.
HOTEL
A building or group of buildings providing rental sleeping
rooms and which may also include dining rooms, kitchens, serving rooms,
ballrooms and other facilities, and services intended primarily for
the accommodation of the personal needs of the traveling public, including
motels.
INJECTION WELL
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semi-solids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
JUNK
An accumulation of old, wrecked or worn out materials and
products, either discarded or for salvage or fill resale.
JUNKYARD
An establishment or place of business which is maintained,
operated or used for storing, keeping, buying or selling junk, junked
motor vehicles.
LAND APPLICATION FACILITY
A site where any natural gas exploration and/or petroleum
production wastes are applied to the soil surface or injected into
the upper layer of the soil.
LIBRARY
A building or room containing collections of books, periodicals
and sometimes films and recorded music for people to read, borrow
or refer to.
LIGHT MANUFACTURING
A manufacturing activity that uses moderate amounts of partially
processed materials to produce items of relatively high value per
unit weight.
LOT
A single parcel of land, occupied or to be occupied by one
or more uses or buildings, united by a common interest, containing
such area, width and open space as required by this chapter for a
lot in the district in which the parcel is situated, and having sufficient
public access as required by law.
LOT COVERAGE
That percentage of total lot area covered by all buildings,
including accessory structures but excluding driveways, parking spaces
and landscaping.
LOT WIDTH
The width of a lot measured at the building line.
LUMBER YARD
A place that sells lumber and other building materials.
MANUFACTURED HOME
A structure, transportable in one or more sections, that
in the traveling mode is eight feet or more in width or 40 feet or
more in length, or, where erected on site, is 320 square feet or more,
and that is built on a permanent chassis and designed to be used as
a dwelling with or without a permanent foundation where connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein; except that such term shall
include any structure that meets all the requirements of this definition
except the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the Secretary (HUD)
and complies with the standards established under this chapter. For
mobile homes built prior to June 15, 1976, a label certifying compliance
to the Standard for Mobile Homes, NFPA 501, in effect at the time
of manufacture is required. For the purpose of these provisions, a
mobile home shall be considered to be a manufactured home.
MANURE STORAGE FACILITY
A facility constructed as an accessory use to an animal husbandry
use, riding stable or kennel to collect, hold, process, store, treat
or distribute solid and liquid animal waste. Included within this
definition are storage tanks, lagoons, seepage pits, drains and collection
systems intended to handle animal waste solids and liquids, food processing
and CAFOs. Not included within this definition are systems designed
and constructed to handle human waste.
MARINA
Premises where boats are leased, stored or serviced, including
facilities for food, supplies and accessories associated with such
use.
MODULAR HOME
A factory-manufactured home fabricated in a manufacturing
facility in accordance with the requirements of the New York State
Uniform Fire Prevention and Building Code which is transported to
a permanent building site and which bears an insignia of approval
issued by the State Fire Prevention and Building Code Council.
NATURAL GAS AND/OR PETROLEUM ACTIVITIES
Any one or more of the following:
(1)
Natural gas compression facility;
(2)
Natural gas processing facility;
(3)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
(4)
Natural gas and/or petroleum exploration or production wastes
dump;
(5)
Land application facility;
(7)
Underground injection; or
(8)
Underground natural gas storage.
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum or other subsurface
hydrocarbon deposits.
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES
(1)
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous," or "toxic,"
and whether or not such substances are generally characterized as
waste:
(a)
Below-regulatory-concern radioactive materials, or any radioactive
material which is not below concern, but which is in fact not being
regulated by the regulatory agency otherwise having jurisdiction over
such material in the Town, whether naturally occurring or otherwise,
in any case relating to, arising in connection with or produced by
or incidental to the exploration for, the extraction or production
of or the processing, treatment or transportation of natural gas,
petroleum or any related hydrocarbons;
(b)
Natural gas or petroleum drilling fluids;
(c)
Natural gas or petroleum exploration, drilling, production or
processing wastes;
(d)
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine flowback, sediment and/or
any liquid or semi-liquid material);
(e)
Any chemical waste oil, waste emulsified oil, mud or sediment
that was used or produced in the drilling development, transportation,
processing or refining of natural gas or petroleum;
(f)
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
(g)
Drill cuttings from natural gas or petroleum wells; or
(h)
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum. This definition
specifically intends to include some wastes that may otherwise be
classified as "solid wastes which are not hazardous wastes" under
40 CFR 261.4(b).
(2)
The definition of "natural gas and/or petroleum extraction,
exploration or production wastes" does not include:
(a)
Recognizable and nonrecognizable food wastes; or
(b)
Waste generated by agriculture use.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DUMP
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
NATURAL GAS COMPRESSION FACILITY
Those facilities or combination of facilities that move natural
gas or petroleum from production fields or natural gas processing
facilities in pipelines or into storage; the term shall include equipment
for liquids separation, natural gas dehydration and tanks for the
storage of waste liquids and hydrocarbon liquids.
NATURAL GAS PROCESSING FACILITY
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other non-methane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs or the capture of
CO2 separated from natural gas streams.
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.
NONREGULATED PIPELINES
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements. Specifically includes production
lines and gathering lines.
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for signs, off-street parking, loading
or accessory buildings, but which structure or lot was in existence
at the effective date of this chapter or any amendment and was lawful
at the time it was established.
NONCONFORMING USE
A use of a building or lot that does not conform to use regulations
prescribed by this chapter for the district in which it is located,
but which was in existence at the effective date of this chapter or
any amendment and was lawful at the time it was established.
NURSERY, COMMERCIAL
Land and/or building improved and occupied for the commercial
raising, storage and/or retail sale of ornamental plants, household
garden supplies and equipment.
NURSING HOME
Any establishment where persons are housed or lodged and
furnished with meals and nursing care for hire.
PERSON
Any individual, public or private corporation for profit
or not-for-profit association, partnership, limited-liability company,
limited-liability partnership, firm, trust, estate and any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties.
PERSONAL SERVICE BUSINESS
Any business enterprise with the primary purpose of providing
personal services, such as hair styling, framing, cosmetology, etc.
PIPELINE
All parts of those physical facilities through which petroleum,
gas, hazardous liquids or chemicals move in transportation (including
pipes, valves and other equipment and appurtenances attached to pipes
and other equipment such as drip stations, vent stations, pigging
facilities, valve boxes, transfer pump stations, measuring and regulating
equipment, yard and station piping and cathodic protection equipment),
whether or not laid in a public or private easement or private right-of-way
within the Town. This includes, without limitation, gathering lines,
production lines and transmission lines.
PROFESSIONAL SERVICE BUSINESS
Any business enterprise that provides support to businesses
in the form of advice or performing tertiary roles, including professions
such as law, medicine, engineering, design, finance, accounting and
the performing arts.
PUBLIC PARK
A public playground, public recreation center or area and
other public areas created, established, designated, maintained, provided
or set aside by the Town or other governmental entity for the purposes
of public rest, play, recreation, enjoyment or assembly.
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.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
RESTAURANT
A place where people pay to sit and eat meals that are cooked
and served on the premises.
RETAIL STORE
A place of business usually owned and operated by a retailer
in which merchandise is sold primarily to ultimate consumers.
ROADSIDE STAND
A seasonal, temporary structure that is used for a farm producer
to sell directly to consumers.
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.
SCHOOL
An educational institution designed to provide learning spaces
and learning environments for the teaching of students under the direction
of teachers.
SHOPPING CENTER
A lot or plot used for two or more retail business units,
attached or detached.
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 chapter, a solar energy system
does not include any solar energy system of four square feet in size
or less.
SOLAR FARM
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.
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.
STABLE, PRIVATE
Buildings and land on which one or more horses, mules or
burros belonging to the owner of said building and land or his/her
immediate family or the resident/tenant of the building or his/her
immediate family are kept; access to the private stables is limited
to his/her immediate family and nonpaying guests; no more than one
animal per every two grazeable acres is allowed.
STABLE, PUBLIC
A commercial operation consisting of a building(s) and land
within which one or more horses, mules or burros are kept for sale,
rent, riding or boarding purposes.
STOCKYARD
A large yard containing pens and sheds, typically adjacent
to a slaughterhouse, in which livestock is kept and sorted.
STORAGE TRAILER
A portable vehicle or structure constructed off the premises
and transported to the premises on its own wheels (or the wheels of
another vehicle) that is used, or designed or intended to be used,
solely for the purpose of storing goods and chattels.
STORAGE UNIT
A facility in which storage space is rented to tenants, usually
on a short-term basis (often month-to-month).
STRUCTURE
Anything constructed or erected with fixed location on the
ground, or attached to something having a fixed location on the ground.
SUBSURFACE
Below the surface of the earth, or of a body of water, as
the context may pertain to.
TAVERN
An establishment for the sale of beer and other drinks to
be consumed on the premises, sometimes also serving food.
TAXIDERMY
The art or operation of preparing, stuffing and mounting
the skins of dead animals for exhibition in a lifelike state.
THEATER
A building or outdoor area in which movies, plays and other
dramatic performances are given.
TOWER HEIGHT
The height measured from the ground to the top of the tower.
TOWN
The Town of LaFayette, Onondaga County, New York.
TOWN BOARD
The Town Board of the Town of LaFayette.
TOWN BUILDING
Building owned and used for Town operations, such as the
Town Hall or Highway Garage.
TRANSMISSION LINE
A pipeline that transports oil, gas or water to end users
as a public utility and which is subject to regulation either by:
(1)
The Federal Energy Regulatory Commission's jurisdiction under
Section 1(b) of the Natural Gas Act; or
(2)
As a "major utility transmission facility" under the Public
Service Law of New York, Article VII, § 120(2)(b).
UNDERGROUND INJECTION
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities and
pipelines.
VETERINARIAN FACILITY
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis or treatment of diseases and injuries of animals.
WAREHOUSE
A large building where raw materials or manufactured goods
may be stored before their export or distribution for sale.
WIND ENERGY SYSTEM
A machine that runs on wind energy consisting of a wheel
containing revolving blades, rotated by the wind for purposes of converting
wind energy into electricity.
WINERY
Any place or premises wherein wines are manufactured from
any fruit or brandies distilled as the by-product of wine or other
fruit or cordials compounded, and also includes a winery for the manufacture
of wine in any state other than New York State and which has and maintains
a branch factory, office or storeroom within the State of New York
and receives wine in this state consigned to a United States government
bonded winery, warehouse or storeroom located within the state. This
definition includes farm wineries, which include any place or premises
located on a farm within the Town in which wine is manufactured and
sold.
YARD, FRONT
The ground space on a lot extending the full width of the
lot between the property line and the nearest point of the principal
building or use, and in residential districts, open and unoccupied
except for fences and other decorative or landscaping uses. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required front yard.
YARD, REAR
The ground space on a lot existing the full width of the
lot between the rear line and the nearest point of the principal building
or use.
YARD, SIDE
The ground space on a lot between the nearest point of the
principal building or use and the side line of the lot and extending
from the front yard to the rear yard, unoccupied and adjacent to such
side line to the width required for side yards in the district except
for fences and/or other decorative or landscaping uses.