Certain words and terms used in this chapter are defined as
follows:
ACCESSORY APARTMENT
A secondary dwelling unit, either in, or added to, an existing
single family dwelling, or in a separate accessory structure on the
same lot, which meets the following conditions: No more than one unit
shall be created per primary dwelling unit; the apartment shall be
between 600 and 800 square feet in floor space with the resultant
primary dwelling meeting all area requirements such as minimum floor
space, sufficient off-street parking shall be provided; the secondary
dwelling shall have independent living facilities for cooking, eating,
sanitation and sleeping. Such an apartment is secondary and subordinate
in use and area to the principal dwelling. A mobile home or manufactured
home shall not be considered an accessory apartment.
ACCESSORY DWELLING UNIT
Dwellings intended for temporary occupancy and, including,
but not limited to, a travel trailer/motor home, truck camper or tent
occupied by persons other than those generally residing in the primary
dwelling unit and located on the same parcel as the primary unit.
ACCESSORY STRUCTURE OR USE
An accessory structure or use is one which is subordinate
to and serves a principal building or principal use; is subordinate
in area, extent, or purpose to the principal building or principal
use served; contributes to the comfort, convenience, or necessity
of occupants of the principal building or principal use served; and
is located on the same lot as the principal building or principal
use served, and under the same ownership in all respects, but is not
allowed to be located in a front yard.
ACTIVE AGRICULTURAL LAND
Land used for production for sale of crops, livestock or
livestock products, a commercial horse boarding operation, land used
in support of a farm, farm woodland, the production and sale of Christmas
trees, or production of other crops such as orchards, apiary, and
aquaculture.
ADAPTIVE REUSE
When an existing building is changed renovated or adapted
from a prior use to a new use.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time and where the images
so displayed are distinguished or characterized by depicting or describing
specified sexual activities or specified anatomical areas.
ADULT ART FORM
That which stresses technical knowledge and proficiency,
cunning, ingenuity and subtlety in devising, inventing or executing
acts or displays which are characterized by the depicting of specified
sexual activities, states of nudity or exposure of anatomical areas.
ADULT BOOK/VIDEO STORE
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
A.
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas.
B.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized
as "adult bookstore" or "adult video store," so long as one of its
principal business purposes is the offering for sale or rental for
consideration the specified materials which depict or describe specified
sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity;
B.
Live performances which are characterized by the exposure of
specified anatomical areas 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 areas.
ADULT DAY CARE
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for part of a twenty-four-hour
day.
ADULT MOTEL
A hotel, motel or similar commercial establishment, which:
A.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
B.
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room to sub rent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
AGRIBUSINESS
Business that provides products and services directly to
consumers and where a majority of the goods sold are grown or produced
on premises, but not including a sawmill.
AGRICULTURAL BUILDING
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock, or other horticultural products. This
structure shall not be a place of human habitation but used in the
raising, growing or storage of agricultural products by a farmer engaged
in a farming operation, including, but not limited to, barns, sheds,
poultry houses and other buildings and equipment on the premises used
directly and solely for agricultural purposes.
AGRICULTURAL BUSINESS
An establishment that provides products or services to agricultural
producers to support production, marketing, and distribution of their
products, including, but not limited to, hide tanning operations,
farm equipment repair, farm equipment sales, soil preparation services,
crop services, veterinary and other animal services, farm labor and
management services, and seed or fertilizer sales.
AGRICULTURAL DATA STATEMENT
A written statement required when certain land use determinations
within 500 feet of a farm operation located in a NYS Agricultural
District takes place. The statement must include information about
the proposed project and is included in the application for project
approval.
AGRICULTURAL DISTRICT
That portion of the Town of Busti that is included in the
New York State Certified Agricultural District established as per
State Agriculture and Markets Law § 25-aa.
AGRICULTURAL PROCESSING
A facility no larger than 5,000 square feet where animals
are killed and processed into meat foods, or a facility where plants
and plant products are processed into canned, frozen, or fresh food
products.
AGRICULTURE, LIMITED
The production of crops, plants, vines, and trees, provided
no substantial odor or dust is produced within 100 feet of any building
on adjacent property.
AGRICULTURE, UNLIMITED
The production of crops, plants, vines and trees or the keeping,
grazing or feeding of livestock for animal products (including serums),
animal increase or value increase; but not including the commercial
feeding of garbage to swine or other animals, the commercial feeding
of poultry broilers, or laboratory animals such as mice, rats, rabbits,
etc.
AGRITOURISM BUSINESS
Agribusiness that conducts activities by and for the enjoyment
or education of the public, which primarily promotes the sale, marketing,
production, harvesting or use of the products of the farm to enhance
the public's understanding and awareness of farming and farm
life.
AIRPORT
Any land or water space frequently used for the landing and
takeoff of any aircraft including helicopters. All airports must comply
with federal and state regulations and be approved by the Commissioner
of Transportation for New York State.
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 increasing in height, or moving
from one location or position to another, the term "alter" in its
various modes and tenses and in its particular form, refers to the
making of an alteration.
ANIMAL HOSPITAL
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use.
ANTIQUE SHOP
A business premises used to display and offer for sale furniture,
jewelry, utensils, books, memorabilia and clothing considered examples
of the artistry or craftsmanship of other than the present era.
APARTMENT HOUSE
A building arranged, intended, or designed to be occupied
by three or more families living independently of each other.
APPLICANT
The person(s), corporation, agency, or other legal entity
seeking site plan approval, special use or building permits; certificates
of occupancy; variances; subdivision approval; or zoning amendment.
ARTISAN SHOP
A building or portion thereof used for the creation of original
handmade works of art or craft items by more than three but less than
six artists or artisans, as either a principal or accessory use.
AUCTION HOUSE
A place where items are offered for sale to persons who bid
on the object in competition with each other.
AVERAGE LOT SIZE
The average size of all lots to be subdivided from a parcel.
Use of an average lot size instead of a minimum lot size in the Agriculture
District allow for easier protection of open spaces. Parcels subdivided
using an average lot size reduces individual lot areas and bulk requirements
but the number of lots remains the same as permitted without lot averaging.
BAR/TAVERN
Premises used primarily for the sale or dispensing of alcoholic
beverages by the drink for on-site consumption and where food is available
for consumption on the premises as accessory to the principal use.
BASEMENT
A story partly below finished grade, but having at least
1/2 of its height measured from floor to ceiling, but not less than
four feet, above average finished grade. A basement shall be counted
as one story determining the height of a building in stories.
BED-AND-BREAKFAST
A dwelling in which overnight accommodations not exceeding
five bedrooms and breakfast are provided for transient guests for
compensation. A bed-and-breakfast must be the primary residence of
the owner/proprietor.
BEHIND THE METER
A generating system producing electrical power for use on
a grid-connected property, but which system may or may not be capable
of sending power back into the utility grid.
BOARDINGHOUSE
Any single-family dwelling unit lived in by a family, or
a building other than a hotel, where, for compensation, guest room
lodging is provided with or without meals. The term boardinghouse
shall include rooming house, lodging house, and other similar terms.
BREW PUB
An establishment which contains a full-service standard restaurant
and alcoholic beverages. This establishment also contains a mini-brewery
as an accessory use provided that sales of the mini-brewery products
are less than 50% of total sales. This mini-brewery shall be for the
brewing of handcrafted, natural beer intended for retail consumption
on the premises and on any premises that has a license as a standard
full-service restaurant owned and operated in its entirety by the
same corporate ownership and management as the brew pub.
BREWERY, MICRO
A facility for the production and packaging of malt beverages
of low alcoholic content for distribution, retail or wholesale, on
or off premises, with a capacity of not more than 15,000 barrels per
year. The development may include other uses such as a standard restaurant,
bar, or live entertainment as otherwise permitted in the zoning district.
BUFFER
A strip of land, fence or border of trees, etc., between
one use and another, which may or may not have trees and shrubs planted
for screening purposes, designed to set apart one-use area from another.
An appropriate buffer may vary depending on uses, districts, size,
etc., and shall be determined by the permitting board.
BUILDING
Any structure having a roof supported by columns or by four
independent, nonparty walls, and intended for the shelter, housing,
or enclosure of persons, animals, or chattel. The term "building"
shall include the term "structure" as well as receiving and transmitting
commercial, radio, television, cellular and other utility communication
towers, mobile homes, and modular homes.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
or permanently covered patios and porches, but exclusive of uncovered
porches, terraces and steps. All dimensions shall be measured between
the exterior faces of walls.
BUILDING FRONTAGE
The width of any one specific face of a building that fronts
on a public street or parking area where customer access to the building
is available.
BUILDING HEIGHT
The vertical distance measured from the average finished
grade along the wall of the front of the building to the highest point
of such building or structure.
BUILDING LINE
A line formed by the intersection of a horizontal plane of
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
BUILDING SETBACK LINE
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and the edge of the road of an adjacent highway.
BULK
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas such
as yards, and to lot lines and includes the size, height and floor
area of buildings or other structures; the relation of the number
of dwelling units in a residential building to the area of the lot
(usually called "density"); and all open areas in yard space relating
to buildings and other structures.
BULKHEAD
A retaining structure of timber, steel, reinforced concrete
and similar material used for shore protection and harbor works.
BULKHEAD LINE
A line along a coast marking the limit to which wharves,
docks, piers, jetties and similar structures may be built.
BUSINESS/INDUSTRY, LIMITED
A commercial venture which is the primary or major occupant
of a structure and possesses the following characteristics: utilizes
a maximum of 2,000 square feet of floor space, employs less than five
employees, does not generate over 100 vehicles of business per twenty-four-hour
period, does not have a substantial effect on the character of the
neighborhood, and generates no nuisances (smoke, odor, noise, etc.).
BY RIGHT
Refers to uses requiring a permit but with no public hearing
required.
CAMP
Any area of land and/or water on which is located a cabin,
tent, travel trailer, motor home, or other type of shelter suitable
and intended for use in a temporary or seasonal manner. For the purposes
of this chapter, no minimum floor space shall be required for a camp
structure.
CAMP, PRIVATE
A parcel of land on which a temporary travel trailer, tent,
cabin, or other structure is present for use on a seasonal basis for
leisure or recreation purposes. (See supplemental section.)
CAMPGROUND or RECREATION GROUND (COMMERCIAL)
An area or premises operated as a commercial enterprise,
generally providing space for seasonal accommodations for transient
occupancy or use by tourists occupying camping trailers, self-propelled
campers, tents and/or lodges. With such accommodations are normally
to be found facilities for picnicking, boating, fishing, swimming,
outdoor games and other sports and activities, but not including miniature
golf courses, golf ranges or any mechanical amusement device. A campground
shall be designed for seasonal occupancy, as opposed to permanent
year-round occupancy, and shall not be construed to mean a mobile
home park as defined herein.
CAMPING TRAILER
A vehicular portable structure mounted on wheels constructed
with collapsible, partial side walls of fabric, plastic or other pliable
materials for folding compactly while being transported.
CAR REPAIR
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles, their mechanical
systems and their body structure, including painting.
CAR SALES
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used.
CAR WASH
Any commercial building or premises or portions thereof used
for washing automobiles. This may include automatic or semiautomatic
application of cleaner, brushes, rinse water and heat for drying.
CEMETERY, PET
A parcel of land, buildings, and/or structures used for the
interring of animal remains.
CERTIFICATE OF OCCUPANCY OR USE
A document issued by the Building Inspector, Code Enforcement
Officer, and/or Code Enforcement Officer allowing the occupancy or
use of a building and certifying that the structure or use has been
constructed and will be used in compliance with all the applicable
municipal codes and ordinances.
CHANGE OF USE
The change of use or occupancy of land, or buildings, structures,
or other improvements on land, from either residential, commercial
or industrial to one of the other uses, or change in the nature, substance
or intensity of the same use including, but not limited to, changes
in use which require the issuance of a Certification of Occupancy
pursuant to the New York State Building and Fire Code.
CHURCH
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
CLUB
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes which are not conducted primarily for gain, providing there
are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership purposes
of such club.
CLUSTER DEVELOPMENT
A development of five acres or more where a developer may
elect, after board approval, to cluster or group his development in
return for the permanent creation of common areas. Overall, the density
of development remains approximately the same as required by the district
area requirements.
CODE ENFORCEMENT OFFICER
The officer appointed to enforce the New York State and local
building and fire codes and local zoning code. It shall be his or
her duty to issue building permits for construction in complete conformity
with the chapter; issue permits for construction with variances authorized
by the Board of Appeals; issue permits for building construction and
other permits authorized by the Planning Board or Town Board; inspect
new buildings during construction and after completion to ensure conformity
with the plans submitted, the building permit and the State Sanitary
Code; report promptly to the Planning Board and to the Town Board
any violation of this chapter; and to keep a complete and accurate
record of permits issued and nonconforming uses in existence.
COFFEE KIOSK
A retail food business in a free-standing building that sells
coffee, or other beverages, and remade bakery goods from a drive-through
window to customers seated in their automobiles for consumption off
the premises and that provides no indoor or outdoor seating.
COMMERCIAL USE
Any activity involving the sale of goods or provision of
services carried out for profit; and other economic activities including
wholesale trade; and any activity involving an office for conducting
the affairs of a business, profession, service, industry or government.
COMMERCIAL VEHICLE
A vehicle of more than one ton capacity used for the transportation
of persons or goods primarily for gain or a vehicle of any capacity
carrying a permanent-affixed sign exceeding one square foot in area
or lettering of a commercial nature.
COMMUNICATION TOWER
Any structure designed to be used for the support of any
device for transmitting and/or receiving signals for the purpose of
communication, including, but not limited to, broadcast, shortwave,
citizens band, AM radio, FM radio, television, microwave, cellular,
digital or personal communication devices. Does not include "communication
tower, private."
COMMUNICATION TOWER, PRIVATE
Any structure designed to be used for the support of any
device used for ham, television, radio, telephone and similar transmitters
and receivers used for private entertainment and not-for-profit voluntary
applications.
COMPATIBLE
A use of land or building(s) that, in terms of development
intensity, building coverage, design, dimensions, occupancy, traffic
generation, parking requirements, access and circulation, site improvements,
and public facilities and service demands, is consistent with and
similar to neighboring uses and does not adversely affect the quality
of life of persons in surrounding or nearby buildings or lands.
CONDOMINIUM
Multiple housing units that are individually owned, but that
share land and infrastructure. They can be in the form of a multifamily
house, multi-unit apartment building or town houses. Ownership is
shared along with attendant responsibilities for the provision, maintenance
and/or repair of common internal facilities, utilities, services,
exterior building surfaces, land, landscaping and other outdoor facilities.
CONTAMINATION
The degradation of the natural quality of water, air, soil,
and other natural resources by human or other activities and events
to the extent that their usefulness is impaired.
CONTRACTOR'S YARD
Any space whether inside or outside a building used for the
storage or keeping of non-agricultural equipment, machinery, or vehicles,
or part thereof, which are in active use by a construction contractor,
landscaper, lawn mowing, tree service, logger and other similar activities.
CONVENIENCE STORE
A one-story retail store containing less than 4,000 square
feet of gross floor area that is designed and stocked primarily to
sell food, beverages and household supplies to customers who purchase
only a relatively few items, and a limited amount of freshly prepared
foods such as sandwiches and salads for off-premises consumption.
Such establishments may include the retail sale of gasoline, oil and
other automotive fluids, although no repairs or servicing of vehicles
is permitted.
CONVERSION
A change in use or occupancy of a dwelling by alteration
or by other reorganization as to increase the number of families or
dwelling units in a structure.
COPY SHOP
A retail establishment that provides duplicating services
using photocopying, blueprint, and offset printing equipment, and
may include the collating and binding of booklets and reports.
COVERAGE
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings, structures, and surface
areas covered by impervious surfaces such as parking lots and driveways.
CURB CUT
A defined opening to provide vehicular access from a public
highway to a lot or property.
CUSTOMARY
Used as "commonly associated with."
CUT AND FILL
A portion of land surface or area from which earth has been
removed or will be removed by excavation and then the earth is moved
and deposited to fill in another location.
DAY-CARE FACILITY
A structure, together with its lot, operated on a regular
basis for the purpose of providing care for children. Similar uses
going under names such as day nurseries shall for the purpose of this
chapter be considered to be day care centers. The following definitions
are abbreviated from State Law and State Law shall apply where contradictions
exist. Note: The following types of day care facilities with an asterisk
(*) shall be subject to regulation under this chapter but only to
the extent as to not be in conflict with Social Security Law and other
state laws and regulations dealing with day care facilities.
A.
SMALL DAY-CARE HOME A family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for one or two children for compensation. NYS Child and Family Services does not regulate such a use and there are no applicable state licenses or registration requirements.
B.
FAMILY DAY-CARE HOMEA family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours per day per child for three to six children for compensation or otherwise, except as provided in Part 417. The name, description or form of the entity which operates a family day care home does not affect its status as a family day care home. See Part 417 of Social Security Law.
C.
GROUP FAMILY DAY-CARE HOMEA family home which is a personal residence and occupied as family residence which provides child day care on a regular basis for more than three hours per day per child for seven to 12 children for compensation or otherwise, except as provided in Part 416. Such home must be operated by a provider and have at least one assistance present during the hours that care is provided. The name, description or form of the entity which operates a group family day care home does not affect its status as a group family day care home. See Part 416 of Social Security Law.
D.
SMALL DAY-CARE CENTER A program or facility which is not a personal residence and in which child day care is provided to three through six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a group family day care home, a family day care home, or a school-age child care program. The name, description or form of the entity which operates a small day care center does not affect its status as a small day care center. See Part 418 of Social Security Law.
E.
CHILD DAY-CARE CENTER A program or facility in which child day care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a group facility day care home, a family day care home, or a school-age childcare program. The name, description or form of the entity which operates a child day care center does not affect its status as a child day care center. See Part 418 of Social Security Law.
F.
SCHOOL-AGE CHILD-CARE FACILITY A program or facility that provides care on a regular basis to seven or more school-age children under 13 years of age or who are incapable of caring for themselves where such children attend school or kindergarten at a public or private school whether such care is provided for compensation or otherwise. School-age childcare program provides care during the school year to an enrolled group of children before and/or after the period children enrolled in such program are ordinarily in school or during lunch periods and may also include such care during school lunch periods and may also include such care during school holidays and those periods of the year in which school is not in session, including summer vacation. Such programs must operate consistent with the local school calendar. The name, description or form of the entity which operates a school-age childcare program does not affect its status as a school-age child care program. See Part 414 of Social Security Law.
DECIBEL (dB)
A unit for measuring the volume of a sound, as determined
by a sound testing instrument.
DECK
An unroofed open structure projecting from an outside wall
of a structure without any form of enclosure.
DENSITY
The number of residential structures allowed per acre. It
is not the same as minimum lot size. Also the number of families,
individuals, dwelling units, households, or housing structures per
unit of land.
DESIGN/ARCHITECTURAL STANDARDS
Standards approved by the municipal board for use in guiding
the design of new signs. A design review board, appointed by the municipal
board, shall be responsible for the administration of the design/architectural
standards.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, paving, excavation, or drilling operations.
DEVELOPMENT RIGHTS
The right of a landowner to develop property based on a community's
zoning.
DISPOSAL
The abandonment, discharge, deposit, injection, dumping,
spilling, leaking, or placing by any other means of any non-agricultural
solid waste, petroleum, radioactive material, hazardous substance,
hazardous waste, or aqueous carried waste into or onto land or a surface
water body.
DOMESTIC ANIMAL
For the purposes of this chapter a domestic animal shall
include dogs and cats only.
DRAINAGE
A system of swales, ditches, and culverts, catch-basins,
and piping to convey storm-water runoff to retention areas and stabilized
discharge points.
DRIVE-IN USE
An establishment which, by design, physical facilities, and
services or by packaging procedures, encourages and permits customers
to receive services and obtain goods while remaining in their motor
vehicles.
DRIVEWAY
A private entrance drive privately owned and maintained,
and not meant for use by the general public, which commonly leads
to a single principal use.
DRY HYDRANT
A pipeline capable of transporting water on a year-round
basis from a pond, lake, or other water source to a hydrant. The water
is not under pressure and thus to be utilized for firefighting purposes
must be properly engineered such that a pumper truck can successfully
draw sufficient water volume from the hydrant.
DUMP
A lot or land used primarily for the disposal by abandonment,
burial, burning or any other means and for whatever purpose, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof, or waste material of any kind.
DWELLING UNIT
One or more rooms providing living facilities, including
equipment and provisions for cooking for a single household including
one or more persons living as a family. Dwelling units shall be categorized
by four construction types:
A.
CONVENTIONALA permanent single or multiple-family dwelling unit which is built on-site using conventional "stick" construction techniques among others. Included in this category are precut homes which refers to a conventional dwelling unit built on-site utilizing wood framing members that are precut in a factory to the correct lengths but delivered to the building site unassembled. For the purpose of this chapter, a precut dwelling unit shall be considered to be the same as a conventional dwelling unit and shall not be considered to be a manufactured home.
B.
MODULARA permanent single or multiple-family dwelling unit built in accordance with plans which have obtained an architectural stamp and seal under the NYS Building Code which is brought to the building site as two or more units on a transport trailer. Modular dwelling units have no support frames as found on mobile homes but instead are placed on a separate foundation. Modular dwelling units contain the same utility systems as conventional dwelling units. Modular dwelling units are not designed to be moved after they have been lifted onto a foundation. They are generally a minimum of 24 feet wide.
C.
PREFABRICATEDA permanent single or multiple-family dwelling unit which is brought to the building site in large sections or panels usually eight feet high and up to 40 feet long. Often the doors and windows are factory insulated in the panels with the wall panels designed to be erected immediately after delivery. Prefabricated dwelling units are sometimes referred to as panelized units.
D.
MOBILE HOMEA transportable, fully assembled single-family dwelling unit suitable for year-round occupancy built in accordance with HUD code for manufactured housing and having a HUD seal. Mobile dwelling units contain the same utility systems (water, waste, electricity) as found in conventional dwelling units. Mobile dwelling units are supported by a chassis which is an integral part of the unit. Mobile dwelling units are not designed to be lived in except when set up on a lot with proper utilities. This includes double wide mobile dwelling units, but does not include travel trailers which are self-contained. For the purpose of this chapter, mobile homes are listed separately as allowed uses as are conventional (stick built/precut) modular and prefabricated (panelized) dwelling units.
DWELLING, DUPLEX
A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from the
ground to the roof.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit and that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
DWELLING, TRIPLEX
A building containing three dwelling units, each of which
has direct access to the outside or a common hall.
EASEMENT
The right to use the land of another, obtained through the
purchase or other acquisition of use rights from a landowner, for
a special purpose consistent with the property's current use.
EATING AND DRINKING ESTABLISHMENT
Places where food and/or beverages are prepared and/or sold
for consumption on the premises or for takeout, including restaurants,
tea rooms, cafeterias, bars, taverns and lunchrooms.
ECHO (ELDER COTTAGE HOUSING OPPORTUNITY)
A temporary, small (apartment-sized), detached home for use
by an older person which is temporarily sited on private property
that contains the primary residence of a younger family member. An
elder cottage utilizes the water, electric, and sewer systems of the
primary home. It provides security for the older person, privacy for
both the older person and the younger family and facilitates the care
giving efforts of the younger family. An elder cottage shall not be
a single-wide manufactured home or a permanent structure.
EDUCATIONAL/TRAINING FACILITY
A building or part thereof which is designed, constructed,
or used for education, training, or instruction in any branch of knowledge
or skill and includes, but is not limited to elementary, parochial,
private, secondary or vocational schools.
EGRESS
Access from a property leading onto a public highway or private
road.
ENCLOSED STORAGE YARD
The keeping, in a completely fenced in or area, or enclosed
with a roof and four complete sides, of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
ERECT/ERECTED
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign, including the painting
of exterior wall signs and the use of any vehicle or other substitute
for a sign.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities, municipal or other governmental agencies, of gas,
electrical, steam, water, sewage and purveyors of communications systems
and facilities serving customers in the Town of Busti outside of the
Village of Lakewood, but not including communication towers or utility
distribution facilities. Railroad trackage facilities and bus shelters
are considered as essential services.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business.
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
C.
The addition of any sexually oriented business to any other
existing sexually oriented business.
D.
The relocation of any sexually oriented business.
FALL ZONE
The area, defined as the farthest distance from the tower
base, in which a wind turbine tower will collapse in the event of
a structural failure. The radius of the area is the same as the total
system height.
FAMILY
One or more persons related by birth, marriage or other domestic
bond, occupying a dwelling unit and living as a single, nonprofit
housekeeping unit.
FARM MARKET
A location, or structure larger than 400 square feet, where
one or more farmers or vendors can sell agricultural produce to the
public on a permanent basis, whether seasonal or year-round.
FARM OPERATION
The 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" as defined in Subdivision 13 of this Article 25-AA of the
Agricultural Districts Law and "timber processing" as defined in Subdivision
14 of Article 25-AA. 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.
FARM STAND
A temporary use of a structure (either enclosed or open),
a booth or a transportable vehicle, the purpose of which is the display
and sale of produce and other farm products to the general public.
Farm stands are located along a roadway in such a manner as to provide
safe and convenient off-street parking even though front yard setbacks
are not required to be met. All conditions specified in this chapter
must be met; otherwise a full business use permit must be applied
for.
FARM WORKER HOUSING
An accessory apartment or other dwelling used to house farm
workers on a parcel of land used as an agricultural operation.
FENCE
Any artificially constructed barrier or vegetation barrier
such as a hedge, with the purpose or intent of preventing passage
of view, thus providing privacy.
FENCE, FARM
Any fence whether located on a farm or not which has as its
primary purpose the control of non-domestic animals.
FIRE-RESISTANT
Any materials which possess the properties, construction
or assembly qualities which under fire conditions prevents or retards
the passage of excessive heat, gases or flames; and thus, is not easily
ignited.
FLAMMABLE
Capable of igniting within five seconds when exposed to flame
and continuing to burn.
FLOATING DISTRICT
Any zoning district for which district regulations are included
in this chapter and yet for which no land has initially been designated
on the Zoning Map to be included in said district. Such a district
may become a reality through the amendment of the Zoning Map of the
municipality in accordance with the amendment procedures of this chapter.
The initiation of the creation of such a district may come from residents,
the Planning Board, a developer or the Municipal Board, itself, while
the decision whether to activate such a district shall be made based
upon the need for such a district.
FLOOR AREA, TOTAL
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. Said areas shall be measured between the
inside face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of the adjoining ground, garage space or accessory building space.
FOOTPRINT
The amount of space, measured in square feet, taken up on
the ground by a structure. A building footprint measurement does not
include the square footage of multiple floors of a structure.
FORESTRY/SILVICULTURE
The harvesting of timber for commercial gain in quantities
greater than 50 standard cords of wood or 50,000 board feet of timber
as measured by the international log rule in any one year. Commercial
timber harvesting does not include the cutting of wood by the owner
of the property for the following uses, which are permitted by right:
B.
The routine maintenance of roads, and rights-of-way;
C.
The clearing of a home site for which a building permit has
been obtained;
E.
Clearing of approved subdivision roads;
F.
Tree clearing for farm purposes within NYS Agricultural Districts
established pursuant to New York State Agriculture and Markets Law.
FRONT OR FACE OF A BUILDING
The outer surface of a building which is visible from any
private or public street, highway or driveway, including window display
areas.
GARAGES, PRIVATE
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
GARAGES, PUBLIC
Any garage other than a private garage, operated for gain,
available on a rental basis for the storage of motor vehicles, but
not involved with the supply of gasoline and oil.
GARBAGE, RUBBISH OR TRASH REMOVAL
A service that picks up and transfers animal and vegetable
waste, unwanted or discarded material and solid wastes from residences
and businesses for delivery to a solid waste disposal facility.
GAS COMPRESSOR
Any mechanical equipment utilized to cause the movement of
natural gas through a transmission line system.
GAS STATION
The retail sale of fuel and related oil products as well
as minor service repairs and routine maintenance to include oil and
tire changes.
GLARE
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual clarity and visibility.
GOLF COURSE, DRIVING RANGE, MINI GOLF
A.
Premises having:
(1)
Not fewer than nine holes improved with tees, greens, fairways,
and hazards for playing the game of golf;
(2)
Lanes within which golf balls can be hit (driving ranges); and
(3)
Recreational facilities containing small putting greens (miniature
golf).
B.
Accessory structures and buildings may be associated with these
uses including a clubhouse, locker room, food stand, restaurant, banquet
or conference rooms, except that overnight accommodations are not
permitted.
GRADING
The leveling of land for site development purposes including
construction of roads, building construction, drainage areas and parking.
GRAVEL MINE
The excavation or extraction of earth, sand, gravel, stone,
clay, loam, humus, top soil or other earth material from a lot and
removal thereof from that lot without drilling or blasting; or any
temporary storage of such materials by stock piling, if permitted;
or any of the related land use activities engaged in during the above
activities such as construction of buildings, barriers and other structures,
clearing of property, removal or placement of trees, vegetation and
earth material.
GREENBELT
An area or strip of land upon which no building, drive or
other improvement is located and upon which is a natural or landscaped
vegetative cover.
GROUP HOME
A dwelling unit or part thereof in which, for compensation,
lodging and meals are provided; personal and financial services may
be offered as well.
GUEST HOUSE
An accessory structure that is habitable but that does not
have a full kitchen and is clearly subordinate to the principal dwelling
on the property.
HAMLET
A populated area within a town that is not part of an incorporated
village. Characterized by densely situated homes and small businesses
surrounded by area farms and open space.
HEAVY VEHICLES
Automobile wreckers, commercial trailers, semitrailers, or
any non-recreational vehicle or truck with four or more wheels mounted
on the rear axles.
HEIGHT
The vertical distance from the highest point on a structure (excepting chimneys and other items listed in Article
V, section on "height") to the average ground level of the grade where the wall or other structural elements intersect the ground.
HOME BUSINESS
A business, profession, occupation or trade conducted for
gain or support, other than a home occupation as defined herein, conducted
within or on the same lot as an occupied single-family dwelling by
the inhabitants thereof. The home business may involve the provision
of services or the manufacture and/or sale of goods on the premise.
HOME IMPROVEMENT CENTER
A facility of more than 30,000 square feet of gross floor
area, engaged in the retail sale of various basic hardware lines,
such as tools, builders' hardware, paint and glass, housewares
and household appliances, garden supplies, and cutlery.
HOME OCCUPATION, MAJOR
A business, profession or craft conducted for gain or support
and conducted entirely within a portion of a single-family dwelling
or accessory structure to the dwelling, by one or more of the residents
of the dwelling and up to two nonresident employees, which is clearly
incidental and secondary to the use of the dwelling for dwelling purposes;
which does not change the character thereof; which is not classified
as a "minor home occupation" under this chapter; and which meets all
applicable requirements of these regulations for such use.
HOME OCCUPATION, MINOR
A business, profession or craft conducted for gain or support
and conducted entirely within a portion of a single-family dwelling
by one or more of the residents of the dwelling, which is clearly
incidental and secondary to the use of the dwelling for dwelling purposes,
and which does not change the character thereof, and meets all applicable
requirements of these regulations for such use.
HORSE BOARDING OPERATION
An agricultural activity that provides care, housing, health-related
services and training to animals kept on the premises or on other
properties owned or leased by the farm operator. Riding and training
activities that are directly related to and incidental to the boarding
and raising of horses, including riding lessons for persons who own
or have a long- term lease from the farm owner for the horse that
is boarded at the farm and used for such activities, are part of the
farm operation. Horse shows for horses either boarded at or owned
by the farm operation, which are not open to the general public, are
also part of the farm operation. A riding academy is not considered
to be an agricultural activity under the New York State AML. A riding
academy generally offers riding lessons to the public and to individuals
that do not own or have a long-term lease for the horse that is boarded
and used at the facility for such riding.
HORTICULTURE, PRIVATE
The growing of fruits, vegetables, flowers, or ornamental
plants for one's own pleasure and use; also referred to as a
"private garden."
HOSPITAL
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, preventorium, clinic, rest home, nursing
home, convalescent home, and any other care of ailments and shall
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of
sick or injured animals.
HOTEL/MOTEL
Commercial overnight sleeping accommodations, consisting
of a building or group of buildings. Additional accessory services
may be included such as restaurants, meeting rooms, entertainment
and recreational facilities. Also, a building, or any part thereof,
which contains living and sleeping accommodations for transient occupancy,
has a common exterior entrance or entrances and which may contain
one or more dining rooms.
HOUSEHOLD SALE
Household sale for the purpose of this chapter shall include
lawn sales, patio sales, garage sales, basement sales, flea markets,
bazaar, or other similar types of sales. A household sale shall be
distinguished from a business in that it involves the infrequent sale
of used merchandise which, for private sales, was NOT obtained from
outside the household. Nonprofit or fraternal organizations on the
other hand may obtain their sale items from donations received from
members or other sources.
HOUSING, ELDERLY
Apartments containing eating, sleeping, and living space
and designed with elderly fully independent residents in mind. Generally,
these apartments contain smaller than normal floor space, require
less parking and less active recreational area. Additionally, common
eating areas are sometimes provided.
INDUSTRY, GENERAL
The manufacture, preparation, processing, milling, or repair
of any article, substance or commodity, and which involves no dangerous
or toxic product or emissions. Additionally, noise, odors, or other
nuisances' incidental to productions and processing shall be
limited to a level which does not affect the use or enjoyment of property
outside of the Industrial District.
INDUSTRY, HEAVY
A.
Any use or activity, which generates significant volumes of
smoke, odors, noise, or polluting wastes and is not compatible with
other uses in the Town of Busti. Examples of "heavy industry" which
are intended to be included in this definition are: chemical manufacturing;
exploration for natural gas; extraction of natural gas; natural gas
processing facilities (as defined elsewhere in this chapter) and/or
compressor stations; exploration for crude oil; extraction of crude
oil; oil refineries; coal mining; coal processing; and steel manufacturing.
It is expressly stated that the foregoing examples are not intended
to be exhaustive and shall not be construed to limit the meaning,
scope or application of this definition or to limit the application
of this definition solely to the activities identified in the examples.
B.
Generic examples of uses not intended to be included in the
definition of "heavy industry" are: milk processing plants; dairy
farms; office and communications uses; garment factories; woodworking
and cabinet shops; automobile repair shops; wineries and breweries;
warehouses; equipment repair and maintenance facilities; parking lots
and parking garages; light manufacturing or light industrial facilities
(as defined elsewhere in this chapter); agriculture; and surface gravel
and sand mining. It is expressly stated that the foregoing examples
are not intended to be exhaustive and shall not be construed to limit
the meaning, scope or application of this definition or to limit the
application of this definition solely to those activities identified
in the examples.
INDUSTRY, LIGHT
A use in which a product is manufactured but the manufacturing
process and facility have minimal impact on the property where the
manufacturing takes place and almost none on adjacent properties,
with qualities including:
A.
No creation of noise, vibration, light, odor, dust, smoke, or
other air pollution noticeable at or beyond the property line;
B.
No change to the character of the surrounding neighborhood;
C.
Adequate screening of outside storage of goods, materials, or
equipment;
E.
No chemical, metal, or hazardous waste, or potential contamination
of surface or groundwater;
F.
Adherence to all applicable commercial design and other standards
cited in this chapter.
INFILL DEVELOPMENT
The development of new houses or other uses on scattered
vacant sites in a previously built-up area.
JETTY
A pier or structure of stones, piles or the like, projecting
into a body of water, to protect a harbor or deflect the current.
JUNK VEHICLE
A motor vehicle (excluding farm vehicle) which is not intended
for or in condition for legal use on public highways or which is in
the process of being dismantled. See supplemental section on junk vehicles for full definition.
JUNKYARD
See definitions of "scrap yards" and "vehicle dismantling
yards."
KENNEL
Any premises on which five or more dogs over six months old
are housed, groomed, boarded, trained, or sold for monetary gain.
KITCHEN FACILITY
Any structure or room that includes space dedicated to cooking
including oven, stove, dishwasher, sink, cabinets, microwave oven,
and refrigerator. Hotels or motels that provide only microwave ovens
or small refrigerators in rooms are not considered to have kitchen
facilities in the rooms.
LAND USE ACTIVITY
The occupation, use and/or maintenance of land or any building,
structure or other improvement on land.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
LARGE BOX RETAIL
A singular retail or wholesale user, who occupies no less
than 75,000 square feet of gross floor area, typically requires high
parking to building area ratios and has a regional sales market. Regional
retail/wholesale clubs that emphasize bulk sales, discount stores,
and department stores.
LARGE GROUP
Any gathering of 300 or more people, occurring on a nonregular
basis and involving either the charging of a fee, request for a donation
or sale of products or services.
LIGHTING DEVICE
Any light, string or group of lights located or arranged
so as to cast illumination on or from a sign.
LOADING SPACE
Space logically and conveniently located exclusively for
bulk pickups and deliveries at commercial structures.
LOT
A parcel of land occupied or designated to be occupied by
one building and the accessory building or uses customarily incident
to it, including such open spaces as are required by this chapter.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres.
LOT COVERAGE
That percentage of the lot area which is devoted to building
area. District regulations refer to the maximum percentage of the
lot area devoted to building area.
LOT LINE
Any line dividing one lot from another.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT, SIZE
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres.
MANUFACTURING
Any process whereby the nature, size or shape of articles
or raw materials are changed, or where articles are assembled or packaged
in quantity.
MARINA
A dock or basin providing secure moorings for boats and yachts
and often offering supply, repair and other facilities.
MASSAGE ESTABLISHMENT
Any building, room, place, or establishment other than a
regularly licensed and established hospital or dispensary where nonmedical
or nonsurgical manipulative exercises or devices are practiced upon
the human body manually or otherwise by any person other than a licensed
physician, surgeon, dentist, occupational and physical therapist,
chiropractor, or osteopath with or without the use of therapeutic,
electrical, mechanical, or bathing devices. Shall also include any
bathing establishment.
MEGA FARM
A farm operation that involves a "concentrated animal feeding
operation" (CAFO) as defined by the 1972 Clean Water Act as of the
passage of this chapter.
MIXED USE
A single building containing more than one type of land use
or a single development of more than one building and use, where the
different types of land uses are in close proximity, planned as a
unified complementary whole, and functionally integrated to the use
of shared vehicular and pedestrian access and parking areas.
MOBILE HOME PARK
A tract of land used or intended to be used for the parking
of two or more mobile homes, together with the necessary improvements
and facilities on the land.
MOTOR HOMES
A self-propelled, relatively small temporary living quarter
generally used as mobile vacation homes. Motor homes generally have
self-contained, independent utility systems.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, that is used
for the sale or distribution of gasoline, natural gas, electricity,
or any other energy source for motor vehicles and oil and other lubricating
substances, including sale of motor vehicle accessories, and which
may or may not include facilities for lubricating, washing or otherwise
servicing motor vehicles, or facilities used for the painting thereof
by any means, body and fender work, or the dismantling or replacing
of engines. This definition is not intended to include the distribution
of an energy source at an owner-occupied residence or private gasoline
distribution facility already in existence at the time of the adoption
of this chapter.
MULTIPLE-USE BUSINESS
A building or buildings in one contiguous location under
single ownership which has more than one distinct business (e.g.,
restaurant and a gift shop) as defined in the allowed uses.
NONCONFORMING LOT
A lot of record 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 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 with the permitted use provisions of this chapter for the district in which it is located. A pre-existing lawful use which is allowed only by special permit under this chapter shall be considered a conforming use. (See Article
X.)
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY
The appearance of a human bare buttocks, anus, male genitals,
female genitals or full female breasts.
NUISANCE
A violation of this chapter caused by an offensive annoying,
unpleasant, or obnoxious use of characteristics of said use which
produces effects of such a nature or degree that they are detrimental
to the health safety, general welfare, property values, etc., thus
resulting in harm or injury to adjacent or nearby properties. Common
examples include excessive odors, noise, smoke, vibration, light,
runoff, traffic, development density, electronic interference, etc.
NURSING HOME
Also referred to as a convalescent home, it includes buildings
where, for a fee, non-ambulatory residents are provided full-time
convalescent or chronic care by skilled nurses in addition to room
and board. No care for the acutely ill is provided; and thus, clearly,
hospitals and mental health centers are not to be considered as a
nursing home.
OCCUPANT
Any person, organization, business, or other entity that
occupies a defined space within a building.
OCCUPANT FRONTAGE
The width of the portion of building frontage allocated to
an individual occupant having a public entrance within the building
frontage.
OFF-GRID
A stand-alone generating system not connected to or in any
way dependent on the utility grid.
OFFICE
A place which is used to conduct a business or profession
and is occupied by a physician, surgeon, dentist, lawyer or person
providing similar services or in whose office the functions of consulting,
recordkeeping and clerical work are performed.
OPEN SPACE
Common or public or private greens, parks or recreation areas,
including playgrounds, woodland conservation areas, walkways, trails,
stream crossing and drainage control areas, golf courses, swimming
pools, tennis courts, ice skating rinks and other similar recreational
uses, but which may not include any such uses or activities which
produce noise, odor, glare, air pollution, fire hazards or other safety
hazards, smoke, fumes or any use or activity which is operated for
a profit, or other things detrimental to existing or prospective adjacent
structures or to existing or prospective development of the neighborhood.
OUTLET MALL
Usually located in a rural or occasionally tourist locations,
outlet centers consist mostly of manufacturers' outlet stores
selling their own brands at a discount. These centers are typically
not anchored. A strip configuration is most common, although some
are enclosed malls, and others can be arranged in a "village cluster."
PANELIZED
See "dwelling unit, prefabricated."
PARKING LOT
An area not within a building where motor vehicles may be
stored for the purpose of temporary, daily or overnight off-street
parking. A parking lot shall consist of the entire surface of the
parking lot, vehicular access to the parking lot, loading spaces,
drive-through spaces and the exposed surfaces of parking decks; and
shall include vehicle display lots, vehicle storage lots and commercial
parking lots.
PARKING SPACE
A required off-street parking space. (See supplemental section.)
PARKING, COMMERCIAL OFF-STREET
An area, other than accessory off-street parking areas as
required by the provisions of this chapter, where, for a charge or
permit, motor vehicles may be stored for the purpose of temporary,
daily or overnight off-street parking.
PARKING, OFF-STREET
Any space, whether or not required by the provisions of this
chapter, specifically allotted to the parking of motor vehicles as
an accessory use. For the purpose of this chapter, such space shall
not be located in a dedicated right-of-way, a travel lane, a service
drive, or any easement for public ingress or egress.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
Individual, partnership, corporation or association.
PLANNING BOARD
Unless otherwise designated, the Planning Board of the Town
of Busti.
POND
A man-made body of water utilizing natural materials which
is used for recreational purposes as well as for fire protection.
PORCH
A roofed open structure projecting from an outside wall of
a structure without any form of enclosure. Screens used as insect
barriers are permissible and shall not cause the porch to be considered
to be an enclosure.
PORTABLE STORAGE UNIT
Portable storage units are transportable units designed and
used primarily for temporary storage of building materials, household
goods, equipment, personal items and other materials for use on a
limited basis. The term shall include, but not be limited to trailers,
shipping containers, portable-on-demand storage units and other similar
containers.
PRECUT
See "dwelling unit, conventional."
PREEXISTING USE
Any use, either conforming or nonconforming with this chapter,
that is legally existing at the enactment date of this chapter.
PRINCIPAL USE
The main use of land or buildings as distinguished from a
subordinate or accessory use.
PROFESSIONAL
Any person with an advanced college degree who possesses
a license to practice. This includes but is not limited to doctors,
lawyers, CPAs, engineers, etc.
PUBLIC
Owned, operated or controlled by a governmental agency (federal,
state or local), including a corporation created by law for the performance
of certain specialized governmental functions, a public school district
or service district.
QUARRY/GRAVEL PIT/SAND PIT
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel, topsoil or any other material which is commonly
mined and exclusive of the process of grading a lot preparatory to
the construction of a building for which application for building
permit has been made. Quarry operations involving the extraction of
less than 1,000 tons annually (approximately 2.6 average trucks per
week) are not subject to review and permit by the NYS DEC and shall
be referred to as "small" operations. "Large quarry operations" require
a DEC permit.
QUASIPUBLIC
An organization which serves a governmental function but
is not a governmental unit per se. A volunteer fire department is
an example. Additionally, any use owned or operated by a nonprofit
or religious organization providing educational, cultural, recreational,
religious or similar types of programs.
RECREATION, COMMERCIAL
Recreational facilities operated as a business and open to
the general public for a fee. Recreational facilities shall include,
but not be limited to, golf courses, ice skating rinks, and swimming
pools.
RECREATIONAL VEHICLE
Motorized or non-motorized vehicles which are generally designed
for recreational uses and not basic transportation. Examples include:
boats, snowmobiles, off-road motorcycles.
RESIDENCE, MULTIFAMILY
A building used or designed for three or more dwelling units,
including apartment houses, townhouses and condominiums.
RESIDENCE, TWO-FAMILY
Either of the following:
A.
A building having two side yards and accommodating but two dwelling
units, with one family living over the other.
B.
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
RESIDENTIAL CONVERSIONS
The creation of one or more additional dwelling units within
existing residential structure in accordance with conditions set forth
in this chapter.
REST HOME
Commonly referred to as homes for the aged. These facilities
provide private sleeping rooms for ambulatory (able to walk) residents.
Generally, rest homes have common eating areas and provide minimal
medical aid to residents. Only incidental convalescent care is provided
which does not involve trained nurses, physical therapy or other activities
provided in a hospital or nursing home.
RESTAURANT
Any building, structure or facility in which food is prepared
or processed for sale to the general public, and where tables, chairs
and/or counters are provided for the consumption of prepared foods
entirely within the walls of the principal structure; also, for purposes
of this chapter, the term "restaurant" includes a food establishment
which permits, encourages or otherwise allows the consumption of prepared
food products on the site of the establishment outside the principal
walls of the structure or in vehicles parked on the premises.
RETAIL BUSINESS, GENERAL
For the purposes of this chapter, whenever a general retail
business is listed as an allowed use, it shall signify that any retail
business which is similar in nature; does not exceed 4,000 square
feet; has a minimal negative impact; and can meet the conditions specified
in this chapter shall be allowed in addition to the specific retail
uses as being allowed.
RIDING ACADEMY
Any establishment where horses are kept for riding for compensation.
Riding academies shall be situated on a minimum of 10 acres of land
and only in districts where allowed. Additionally, horses can be boarded
and groomed and instructions in riding, jumping and showing can be
offered.
SAWMILL
A facility where logs or partially processed cants are sawn,
split, shaved, stripped, chipped, or otherwise processed to produce
wood products, not including the processing of timber for use on the
same lot by the owner or resident of that lot.
SCRAP YARD
Any place of storage or deposit of more than 100 square feet,
usually of a commercial nature, where metals, glass, rags, etc., are
held, whether for the purpose of disposal, reclamation, recycling
or resale of such, including establishments having facilities for
processing iron, steel, and nonferrous scrap for melting purposes.
SECTION
Unless otherwise noted, section and section numbers shall
refer to this chapter.
SELF-STORAGE FACILITY
A building or group of buildings consisting of individual,
self-contained units leased or owned for the storage of business and
household goods.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEMIPUBLIC
Places of worship, institutions for the aged and children,
nurseries, nonprofit colleges, hospitals, libraries, cemeteries, and
institutions of the philanthropic nature; also, open space.
SERVICE BUSINESS, GENERAL
For the purpose of this chapter, whenever general service
business is listed as an allowed use, it shall signify that any service
business which is similar in nature; does not exceed 4,000 square
feet; has a minimal negative impact; and can meet the conditions specified
in this chapter shall be allowed, in addition to the specific service
uses listed as being allowed.
SERVICE STATION/MINIMART
A place where gasoline, motor oil, lubricants, or other minor
accessories are retailed directly to the public on the premises in
combination with the retailing of items typically found in a convenience
market or supermarket.
SETBACK
Distance measured from the street edge to a structure, sign,
etc. For private roads, the front yard setback shall also be the distance
from the edge of the traveled portion of the road to the closest point
on the structure.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SHOOTING RANGE
The parcel(s) of land used for discharging of firearms with
the intent to hit any object (moving or stationary) other than live
game, by any person who pays a fee (e.g., membership fees, shooting
fee, etc.) to use said facilities. Commercial shooting ranges include
but are not limited to nonprofit clubs (skeet club, etc.); and profit
motivated business. For the purpose of this chapter a shooting range
shall be considered to be a trap/skeet or other type of range utilizing
shot guns as well as an indoor (fully enclosed) range utilizing rifles
or pistols not classified as shotguns.
SHOPPING CENTER
A group of commercial establishments occupying adjoining
structures all of which may be deemed as one building and normally
owned/managed as one unit. Off-street parking as well as loading/unloading
facilities are provided as an integral part of the unit.
SIGN
Any material, including fabric or plastic, structure or part
thereof or any device attached to a structure or painted or represented
thereon, composed of or upon which is placed lettered, pictorial or
other matter for visual communication, when used or located out-of-doors
or on or near the exterior of any building for the display of any
advertisement, notice, directional matter, information or name. A
sign readable from two sides and with parallel faces is considered
one sign.
SIGN
Any structure or part thereof, attached thereto, or painted
or represented thereon, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation
used for the purpose of bringing the subject thereof to the attention
of the public. The word "sign" does not include the flag, pennant
or insignia of any nation, state, city or other political unit, or
of any political, educational, charitable, philanthropic, civic, professional,
and religious or like organization or the property thereof.
SIGN AREA
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected enclosed four-sided (straight sides) geometric shape
which most closely outlines the said sign. Only one side of a sign
shall be used in measuring area.
SIGN FACE
The square footage of the smallest standard geometric shape
which will enclose all elements intended to be part of the sign, including,
but not limited to, the sign area and the background related to the
sign. Supporting structures are not part of the sign face unless internally
lit or lit by their own specific external light source. If a sign
is painted or applied without backing to the face of a building, the
sign face also includes any additional form or design not integral
to the building's architecture.
SIGN, ABANDONED
Any sign that advertises a business, product, service or
activity that is no longer located on the premises where the sign
is displayed, or at another location.
SIGN, ADVERTISING
A sign which offers services or goods produced or available
somewhere other than on the lot on which the sign is located. The
words "advertising sign" include the word "billboard." Neither directional,
warning or other signs posted by public officials in the course of
their public duty shall be construed as advertising signs.
SIGN, BILLBOARD
Any sign with a total area larger than that permitted by
sign regulations of this chapter for the district in which the billboard
either exists or is proposed to be located in.
SIGN, BUSINESS
A sign for a permitted use conducted on the premises, which
shall identify the written name and/or type of business and/or any
trademark of an article for sale or rent on the premises or otherwise
call attention to a use conducted on the premises.
SIGN, CONVENIENCE
Any sign not exceeding three square feet that conveys information
to the general public, such as restroom identification signs, open/closed
signs, hours of operation signs, parking/no-parking signs, handicapped
parking and access signs, entrance signs, posted signs (no trespassing,
hunting, fishing, trapping) and vacancy/no-vacancy signs.
SIGN, DIRECTIONAL
Any sign not exceeding four square feet or smaller if required
that is designed and erected for the purpose of providing direction
and/or orientation for pedestrian or vehicular traffic to the location
of a local service.
SIGN, DIRECTORY
A sign containing a list of the names of occupants within
a multiple-occupant complex.
SIGN, FREESTANDING
Any sign principally supported by one or more columns, poles,
or braces placed in or on the ground that is not attached to or part
of a building, including a planter sign. A sign attached on a fence
is considered a freestanding sign.
SIGN, IDENTIFICATION
A sign for a permitted use conducted on the premises or for
articles sold or distributed by that use or displaying the name of
the premises.
SIGN, ILLUMINATED
Any sign lighted by electricity, gas or other artificial
light, including reflective or phosphorescent light, paint or tape.
SIGN, INSTRUCTIONAL
A sign conveying instructions with respect to the use of
the premises or a portion of the premises on which it is maintained,
or a use or practice being conducted on the premises.
SIGN, INTERIOR
A sign located within the exterior walls of a building which
is readily readable from outside the building through a window, door
or other opening.
SIGN, NAMEPLATE
Any sign attached directly to the wall of a building occupied
by the person to whom such a sign indicated the name, occupation and/or
address of the occupant. A nameplate shall be not over two square
feet in size.
SIGN, PLANTER
A sign which is attached to or directly associated with floral
or other decorative plantings.
SIGN, PORTABLE
Any sign with a sign face not exceeding six square feet,
displayed only during normal hours when an activity is conducted,
that is designed and intended to be transported from place to place
and is not permanently affixed to the ground or to a building.
SIGN, PREEXISTING NONCONFORMING
Any sign which exists at the effective date of this section
or an amendment thereto, which was legally erected, and which does
not conform to the regulations and restrictions imposed thereby.
SIGN, PROJECTING
Any sign other than a wall or fascia sign which extends more
than nine inches from the exterior of any building and is attached
to that building.
SIGN, PUBLIC
Those signs erected to direct flow, speed and direction of
traffic, effect general public safety or name streets and buildings.
SIGN, RESIDENTIAL
A sign which only identifies by name the resident or residents
or the address or box number, including mailboxes and directory signs
at the entrance to private roads or lanes.
SIGN, ROOF
Any sign constructed on or supported by the roof of any building
or structure.
SIGN, TEMPORARY
A sign which offers premises for sale, rent, or development;
or announces special events or calls attention to new construction
or alteration; or offers a sale of seasonal garden produce, garage,
household, porch items or signs of similar nature; or political signs.
Temporary status of signs will expire after six months.
SIGN, VEHICLE
A sign painted on or attached to a motor vehicle or other
vehicle used or intended for use on a public highway.
SIGN, WALL OR FASCIA
A sign mounted flush with or projecting not more than nine
inches from the face or front of a building.
SMALL WIND ENERGY SYSTEM
A wind-energy-conversion system (WECS) consisting of a wind
turbine, a tower and associated control or conversion electronics,
which has a rated capacity of not more than 300 kilowatts, and which
is primarily but not exclusively intended to provide electrical power
for use on site (either behind the meter or off-grid).
SOLAR STRUCTURE
Any structure containing either a passive or active heat
storage device which is dependent on direct contact with the sun in
order to operate. Said heat storage devices are commonly used to heat
totally or partially water, rooms, etc.
SPECIAL USE PERMIT
A special use permit deals with special permission, granted
only by the permitting board after public hearing to occupy land for
specific purposes when such use is not permitted by right, but is
listed as permitted by special use permit.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C of this definition.
STORAGE STRUCTURE
Any constructed combination of materials located or attached
to the ground utilized for non-inhabited storage purposes. Used trucks
and similar motor vehicles shall not be utilized as storage structures.
For the purposes of this chapter, storage structures shall be less
than 144 square feet with larger structures considered to be customary
accessory uses.
STOREFRONT AREA
That area of the front of a building associated with the
first floor only. For businesses located above a first floor, the
storefront area shall be calculated based on the ground floor entrance
only.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which, on at least two opposite exterior walls, are not more than
two feet above the floor of such story.
STREET EDGE
A curb or in the absence of a curb, the furthest outside
point of a street or roadway which is designed and constructed to
carry vehicles on a regular basis. A paved or unpaved shoulder of
a road shall not be considered in determining the street edge.
STRUCTURE
A building constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Mobile homes are not considered to be structures for the purpose
of this chapter. (A mobile home is considered to be a structure under
the Flood Insurance Program.)
SWIMMING POOL
Any man-made receptacle for water (excepting farm ponds)
located above or below ground designed for capacity of over four feet
in depth at any point and intended to be used for swimming.
TEMPORARY DWELLING UNIT (MOBILE)
Dwellings intended for temporary occupancy and including
but not limited to: travel trailers, motor homes, truck campers, and
tents. Persons residing in temporary dwelling units generally do not
include those residing in the primary dwelling unit located on the
parcel.
TEMPORARY USE
An activity conducted within a structure or on a tract of
land for a specific limited period of time which may not otherwise
be permitted by the provision of this chapter. For example, a building
used in conjunction with new construction which would be removed upon
completion of the work.
THEATER, MULTIPLEX
A multiplex, also known as a "cineplex," is a complex structure
with multiple movie theaters in which each theater is capable of showing
movies independent of the others in the complex. Structurally, theaters
in a multiplex are grouped in a manner that allows them to share box
or ticket offices, parking facilities, lobby area, restrooms, concession
stands, signs and marquee displays, and other service and maintenance
facilities. These structures first started appearing in shopping centers
and malls, sometimes integrated with the layout of the mall. They
typically have eight to 12 movie screens and about 2,500 seats spread
among them with capacities ranging from 200 to 800 seats per theater.
THEATER, OUTDOOR OR DRIVE-IN
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of motion pictures or theatrical
products to patrons seated in automobiles or on outdoor seats.
TOWER
A structure generally fixed on the ground of a noncommercial
or commercial nature, the purpose of which is to better enable the
transmission or receiving of signals by achieving more height. For
the purposes of this chapter, a tower shall generally be capable of
being climbed without utilizing special equipment and shall be categorized
as: a) commercial; b) noncommercial more than 50 feet high as measured
from the ground; and c) noncommercial 50 feet or less in height. Standard
TV-type antennas are not to be considered to be a tower.
TOWNHOUSE
A dwelling unit designed to be occupied as a residence for
one family and one of a group of three or more attached dwellings
placed side by side, separated by party walls, each containing one
or two stories, and each having separate front and rear or side and
rear or front and side entrances from the outside.
TRACT
A large piece of land under single ownership.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
C.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
TRASH
Man-made materials to include glass, scrap metals, salvaged
metals, rags, refuse, garbage, wastepaper, salvaged machines, appliances,
or similar materials, etc. Generally, trash can be described as any
items that are so worn, deteriorated or obsolete as to make them unusable
in their existing condition.
TRAVEL TRAILER
A vehicular, portable structure built on a chassis and designed
to be used for temporary occupancy for travel, recreational or vacation
use; with the manufacturer's permanent identification "travel
trailer" thereon; and when factory equipped for the road, being of
any length.
TURBINE
The parts of a wind system including the rotor, generator
and tail.
USE
Any purpose for which land or a building is designed, arranged,
intended or for which it is or may be occupied or maintained.
UTILITY DISTRIBUTION FACILITY
Ground-level, below-ground-level, or above-ground-level transformers,
compressors, stations, pumps or other facilities utilized in the transmission
of electricity, natural gas, water or sewage.
VARIANCE
Permissive waivers from the terms of the chapter as will
not be contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of the chapter will result
in unnecessary hardship, so that the spirit of the chapter shall be
observed and substantial justice done, and granted by the Board of
Appeals.
VEHICLE DISMANTLING YARD
Any place or storage of deposit where two or more unregistered,
old, or secondhand vehicles, no longer intended for or in condition
for legal use on public highways are held, whether for resale of parts
or materials, or used parts and waste materials, which, when taken
together equal in bulk two or more vehicles, shall constitute a vehicle
dismantling yard. This excludes farm vehicles.
VEHICLE REPAIR SHOP
A commercial business operated for profit which repairs or
services motor vehicles.
VEHICLE SERVICE STATION
A public or private garage or other business where gasoline
and oil are sold either at retail or wholesale.
VIDEO RENTAL STORE
Establishment primarily engaged in the retail rental or lease
of video tapes, films, CD-ROMs, laser discs, electronic games, cassettes,
or other electronic media. Sales of film, video tapes, laser discs,
CD-ROMs, and electronic merchandise associated with VCRs, video cameras,
and electronic games are permitted accessory uses.
WEDDING OR PRIVATE EVENT FACILITY
A location where events are held, including, but not limited
to, weddings, parties, meetings, family reunions, and corporate events,
in exchange for compensation, at locations including, but not limited
to tents, gazebos, barns, open areas, and residential structures.
This shall include any previously existing structures so altered,
updated, or renovated for the purposes of providing event space in
exchange for compensation. This does not include restaurants with
banquet facilities where wedding or private event facilities are accessory
to the primary restaurant use.
WHOLESALE
A business establishment engaged in selling to retailers
or jobbers rather than consumers in wholesale lots.
WHOLESALE BUSINESS, GENERAL
For the purpose of this chapter, whenever a general wholesale
business is listed as an allowed use, it shall signify that any wholesale
business which has a minimal negative impact and can meet the conditions
specified in this chapter shall be allowed in addition to the specific
wholesale uses listed as being allowed.
WHOLESALE, LIMITED
A wholesale business with a maximum of three employees, no
more than 4,000 square feet of floor space and no outside storage.
WIND TURBINE TOWER
The guyed or freestanding structure that supports a wind
turbine generator.
WIND TURBINE TOWER HEIGHT
The height above grade of the fixed portion of the wind turbine
tower, excluding the wind turbine and rotor.
YARD, FRONT
The area extending across the entire width of the lot between
the building, line or front main wall of a building and the front
property line (street or road right-of-way line) and into which space
there shall be no extension of building parts in any district or parking
spaces, including any enveloping wall, fence or hedge around the parking
area in any nonindustrial or noncommercial districts. For parcels
adjacent to the lake, with a public or private roadway between the
primary structure and the Lake, the front yard shall consist of the
land area between the primary structure and the public or private
roadway serving the property. Where no such roadway exists between
the primary structure and the lake, the front yard shall consist of
the land area between the ordinary lake shoreline and the primary
structure.
YARD, REAR
The area extending across the entire width of the lot between
the rear wall of the principal building and the rear line of the lot
and unoccupied except for parking, loading and unloading space and
garages or carports.
YARD, SIDE
The area extending from the front yard to the rear yard between
the side wall of the principal building and the sideline of the lot
and unoccupied except for parking, loading and unloading space and
garages or carports.
ZONING PERMIT
Written permission issued by the appropriate municipal board/officer
authorizing the use of lots or structures. Zoning permits are issued
for uses which are permitted by the Zoning Law where all conditions
required by the Law can be met for the district where the lot/structure
is located. The relocation, enlargement, alteration, or other change
of use shall require the issuing of a zoning permit. The two types
of permits include by right permit and special use permit.