Town of Van Buren, NY Definitions

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Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot," and "parcel"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied"; the word "includes" or "including" shall be considered as though followed by the words "but not limited to."

Basic definitions. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USES, NONRESIDENTIAL

See §§ 200-23 and 200-25.

ACCESSORY USES, RESIDENTIAL

See §§ 200-23 and 200-24.

ADMINISTRATIVE OFFICE

See commercial uses D1, § 200-22D(1).

AGRICULTURE

See agricultural uses B1, § 200-22B(1).

ANCILLARY PARKING AREA

See commercial uses D15, § 200-22D(15).

ANIMAL BOARDING

See commercial uses D11, § 200-22D(11).

AUTOMOBILE GRAVEYARD

See prohibited uses H2, § 200-22H(2).

BED-AND-BREAKFAST

See commercial uses D13, § 200-22D(13).

BLOCK

A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterways or any other barrier to the continuity of development.

BONDING

Connected to establish electrical continuity and conductivity.

[Added 12-17-2019 by L.L. No. 11-2019]

BUILDING

A structure designed to be and/or used as a place of occupancy, storage or shelter.

BUILDING OR STRUCTURE HEIGHT

The vertical distance from the average elevation of the finished grade surrounding the building to the highest point of the building's roof for flat and mansard roofs, and to the average height between ridge and eaves for gable, hip, pitched or gambrel roofs, exclusive of church spires, belfries, clock towers, chimney flues, water tanks, elevator bulkheads, stage tower, scenery lift or similar structures (see § 200-42).

BUILDING, ACCESSORY

A subordinate structure that is occupied or devoted to an accessory use incidental to the principal use.

BUILDING, PRINCIPAL

The primary building on a lot or a building that houses a principal use.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

A solar energy system incorporated into and becoming part of the overall architecture, design and structure of a building in manner that the solar energy system is a permanent and integral part of the building structure.

[Added 12-17-2019 by L.L. No. 11-2019]

BUILDINGS, MUNICIPAL

Includes government-owned or -maintained buildings, municipal community halls, firehouses, ambulance houses and public works buildings.

COMMERCIAL ANIMAL BOARDING

See commercial uses D11, § 200-22D(11).

COMMERCIAL INDOOR LODGING

See commercial uses D12, § 200-22D(12).

COMPOSTING OPERATION

See storage or disposal uses E6, § 200-22E(6).

CONTRACTOR'S YARD

An area, not enclosed within a structure, that is used for parking and keeping of vehicles, construction trailers (not storage trailers), equipment, materials and supplies utilized by a building or trade contractor in connection with the conduct of such contractor's business, but not including long-term storage of any items of personal property. See § 200-22E(3).

CONVERSION OF BARNS FOR STORAGE

See storage or disposal uses E2, § 200-22E(2).

CORNER LOT

A parcel of land at the junction of, and fronting on, two or more intersecting streets or other public rights-of-way. A lot fronting on a curved street shall be considered a corner lot if tangents to the street right-of-way curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135º.

DRIVE-IN SERVICE

An establishment, which includes provision for customers to conduct business or secure consumer goods while remaining in their motor vehicles or a business where takeout consumer goods are dispensed or sold for the consumption of such goods within the customers' motor vehicles. Drive-in activities include, but are not limited to, drive-in banks, restaurants, photo shops, pharmacies and movie rentals, but excluding motor vehicle service and repair uses.

DRIVEWAY

Land used by vehicular traffic as access to, and situated on, the property or lot, and shall be located within the front yard as determined either by the Town of Van Buren, New York State or Onondaga County Department of Transportation.

[Amended 5-1-2018 by L.L. No. 1-2018]

DWELLING

A building designed or used exclusively as living quarters for one or more families.

DWELLING, APARTMENT

See residential uses A5, § 200-22A(5).

DWELLING, SINGLE-FAMILY ATTACHED

See residential uses A3, § 200-22A(3).

DWELLING, SINGLE-FAMILY DETACHED

See residential uses A1, § 200-22A(1).

DWELLING, TOWNHOUSE

See residential uses A4, § 200-22A(4).

DWELLING UNIT

A dwelling or portion thereof providing complete living facilities for one family.

EQUIPMENT

A general term including material, fittings, devices, appliances, luminaires, apparatus, machinery and the like used as part of, or in connection with, an electrical installation.

[Added 12-17-2019 by L.L. No. 11-2019]

FAMILY

A household constituting a single housekeeping unit occupied by one or more persons.

FARM STAND

The use of land for seasonal retail sale of farm products grown or produced on the same farm. A farm stand is subordinate to the agricultural purpose of the farm.

FLAG LOT

A lot which has limited frontage on a public road, but has sufficient frontage to provide access to the lot (minimum of 60 feet in width). The remaining lot dimensions and areas meet the requirements of the zoning district in which the lot exists.

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.

[Added 12-17-2019 by L.L. No. 11-2019]

FRATERNAL ORGANIZATIONS

See public assembly uses C5, § 200-22C(5).

FRONTAGE

That side of a lot abutting a street or other public right-of-way; the front lot line.

FRONT BUILDING LINE

The line of that face of a structure nearest the front lot line, which includes porches, decks, and similar features, but not steps.

FRONT LOT LINE

A lot line coincident with the line of a public street right-of-way. A corner lot has two front lines.

FRONT YARD

Driveway access shall determine the front yard as an unoccupied space extending the full width of the lot between the front building line and the front lot line. In the case of a flag lot, the front yard is the unoccupied area between the building line and the point at which the access portion of the lot mergers with the regular portion of the lot.

[Amended 5-1-2018 by L.L. No. 1-2018]

FUEL STATIONS AND CAR WASHES

See commercial uses D7, § 200-22D(7).

GARAGE, PRIVATE

An enclosed space for the storage of not more than four motor vehicles, provided that no business, occupation or service is conducted for gain therein.

GARAGE, PUBLIC

Any garage available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, painting, servicing or equipping of motor vehicles.

GLARE

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

[Added 12-17-2019 by L.L. No. 11-2019]

GRADE, FINISHED

The completed surfaces of ground, lawns, walks, paved areas and roads brought to elevations as shown on approved plans or designs relating thereto, or in existence at the time the certificate of occupancy is issued.

GROUND-MOUNTED SOLAR ENGERGY SYTEMS

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. Their solar modules are held in place by racks or frames that are attached to ground-based mounting supports.

[Added 12-17-2019 by L.L. No. 11-2019]

GROUNDING ELECTRODE

A conducting object through which a direct connection to earth is established.

[Added 12-17-2019 by L.L. No. 11-2019]

GROUP DAY-CARE CENTER

See commercial uses D14, § 200-22D(14).

HOME OCCUPATION

A use of a service character conducted within the principal dwelling by the residents thereof, which is clearly secondary to the dwelling use for living purposes and does not change the character thereof or have any exterior evidence of such secondary use, except a sign as permitted by this chapter. See § 200-24, Residential accessory uses, Subsection G.

HOSPITAL

A facility where medical care is offered on an in-patient or out-patient basis, by licensed members of the medical profession, and includes sanitariums, clinics, rest homes, nursing and convalescent homes, homes for the aged, and other facilities for the diagnosis, treatment or care of human ailments. Also see § 200-22C(6).

HOTEL and MOTEL

A building or group of buildings containing rooms which are used, rented or hired out to be occupied as temporary lodging for sleeping purposes and where a general kitchen and dining room may be provided within the building or in an accessory building. See § 200-22D(12) regarding commercial indoor lodging uses.

INDUSTRIAL USE, HEAVY

See § 200-22F(3), F3 industrial uses.

INDUSTRIAL USE, LIGHT

See § 200-22F(1), F1 industrial uses.

INOPERABLE MOTOR VEHICLE

A vehicle which cannot be driven upon public streets for reasons including, but not limited to, being wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.

[Added 8-5-2008 by L.L. No. 9-2008]

INSTITUTIONAL USE, INDOOR

See public assembly uses C3, § 200-22C(3).

INSTITUTIONAL USE, OUTDOOR

See public assembly uses C4, § 200-22C(4).

JUNK OR JUNKED VEHICLES

Vehicles that are unlicensed, have no valid inspection sticker and are no longer intended or in condition for legal use on public highways.

JUNKYARD

See prohibited uses H1, § 200-22H(1).

LANDFILLS

Land or a disposal facility where solid waste or its residue is intentionally placed.

LISTED

Equipment, materials or services included in a list published by an organization that is acceptable to the Town of Van Buren and whose listing states either that the equipment, material or services meets identified standards or has been tested and found suitable for a specified purpose.

[Added 12-17-2019 by L.L. No. 11-2019]

LOADING SPACE

See § 200-67.

LOADS

Forces or other actions that result from the weight of building materials, occupants and their possessions, environmental effects, differential movement and restrained dimensional changes.

[Added 12-17-2019 by L.L. No. 11-2019]

LODGING, INDOORS

See commercial uses D12, § 200-22D(12).

LOT

A separate and distinct tract or area of land identified on a plat or subdivision map recorded in the County Clerk's office, or as otherwise permitted by law, considered as a unit occupied or to be occupied by a principal structure or use and its accessory structures and uses, or by a group of structures united by a common use or interest, together with such yards and other open spaces required by these regulations, having not less than the minimum area, width, depth and street frontage required for a lot in the district in which such land is located or, if lacking required street frontage, having sufficient access for issuance of a building permit for use of such land.

LOT AREA

The total area within the property lines of a lot, excluding land within dedicated streets or highway boundaries, regulated wetlands and any other area unsuitable for building construction pursuant to any applicable rule, law or regulation, except regulations for building setbacks.

LOT COVERAGE

The percentage of the area of a lot that is covered by buildings and structures, including pools and decks.

LOT DEPTH

The minimum distance between the front and rear lot lines.

LOT LINE

A line of record that divides one lot from another lot or from a public street right-of-way.

LOT WIDTH

The distance between the side lot lines measured at right angles to the lot depth, at the front building line.

MANUFACTURED HOME

[Added 8-5-2008 by L.L. No. 9-2008]

(1)

A factory-manufactured dwelling unit:

(a)

Built on or after June 15, 1976;

(b)

Conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4/1/93;

(c)

Transportable in one or more sections, which in the traveling mode is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length or, when erected on site, is 320 square feet (29.7 m²) minimum;

(d)

Constructed on a permanent chassis;

(e)

Designed to be used with or without a permanent foundation when connected to the required utilities; and

(f)

Includes plumbing, heating, air conditioning and electrical systems contained therein.

(2)

Includes 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 Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended.

(3)

Shall not include any self-propelled recreational vehicle.

(4)

Allowed in manufactured home park only.

[Added 5-1-2018 by L.L. No. 1-2018]

MARINA

See commercial uses D10, § 200-22D(10).

MOBILE HOME

[Amended 8-5-2008 by L.L. No. 9-2008]

(1)

A factory-manufactured dwelling unit:

(a)

Built prior to June 15, 1976;

(b)

With or without a label certifying compliance with NFPA, ANSI or a specific state standard;

(c)

(d)

Constructed on a permanent chassis;

(e)

Designed to be used with or without a permanent foundation when connected to the required utilities; and

(f)

Includes the plumbing, heating, air conditioning and electrical systems contained therein.

(g)

Allowed in manufactured home park only.

[Added 5-1-2018 by L.L. No. 1-2018]

(2)

Shall not include travel trailers or any self-propelled recreational vehicle.

MODULAR HOME

[Added 8-5-2008 by L.L. No. 9-2008; amended 5-1-2018 by L.L. No. 1-2018]

(1)

A factory-manufactured dwelling unit which is constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in a manufacturing facility, intended or designed for permanent installation, or assembly and permanent installation on a permanent foundation.

(2)

Allowed in any residential district.

MOTOR VEHICLE SALES

See commercial uses D5, § 200-22D(5).

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.

[Added 12-17-2019 by L.L. No. 11-2019]

NURSING HOME

See public assembly uses C7, § 200-22C(7).

OPERABLE MOTOR VEHICLE

A vehicle which is in a sufficient state of repair to allow it to be driven upon public streets.

[Added 8-5-2008 by L.L. No. 9-2008]

PERSONAL OR PROFESSIONAL SERVICE

See commercial uses D2, § 200-22D(2).

PETROLEUM STORAGE FACILITIES

See storage uses E7, § 200-22E(7).

PRIME FARMLAND

Land, designated as "Prime Farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS's) Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.

[Added 12-17-2019 by L.L. No. 11-2019]

PROJECT PLAN/SITE PLAN

A single or group of renderings, drawings, or sketches prepared by a licensed professional in New York State, i.e., an architect, landscape architect, engineer or land surveyor, which shows the arrangement, layout and design of the proposed use of an individual parcel of land as shown on said plan. See Article XII, Administrative Mechanisms, for requirements.

PUBLIC SERVICES AND UTILITIES

See "utilities" and § 200-22G(1).

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.

[Added 12-17-2019 by L.L. No. 11-2019]

REAR LOT LINE

The lot line generally opposite the front lot line.

[Amended 5-1-2018 by L.L. No. 1-2018]

REAR YARD

An unoccupied space extending across the full width of the lot between the principal building and the rear lot line.

RECLAMATION FACILITY

Buildings or structures used for the separating, handling, dismantling, and storage of used machinery, equipment or other used goods.

RECREATION, INDOOR

See public assembly uses C2, § 200-22C(2).

RECREATION, OUTDOOR

See public assembly uses C1, § 200-22C(1).

RESIDENTIAL CONVERSION

See residential uses A6, § 200-22A(6).

RESTAURANT

A structure designed, intended as or used, in whole or in part, for the licensed retail sale of prepared food and/or beverages, including taverns, bars, diners, etc. See commercial uses D8, § 200-22D(8).

RIDING STABLE

See commercial uses D9, § 200-22D(9).

RIGHT-OF-WAY

An area of land acquired by use, reservation, dedication, conveyance, or condemnation for the travel and passage of persons and vehicles.

ROOF ASSEMBLY

A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck.

[Added 12-17-2019 by L.L. No. 11-2019]

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.

[Added 12-17-2019 by L.L. No. 11-2019]

SALES OR SERVICE, INDOOR

See commercial uses D3, § 200-22D(3).

SALES OR SERVICE, OUTDOOR

See commercial uses D4, § 200-22D(4).

SATELLITE DISH ANTENNAS

See residential accessory uses § 200-24H and I and nonresidential accessory uses § 200-25A and B.

SECONDHAND MATERIAL AND PARTS FACILITY

See storage uses E4, § 200-22E(4).

SETBACK

The distance between a structure and any lot line.

SIDE YARD

An unoccupied space extending from the front yard to the rear yard between the principal building and the side lot line.

SIGNS

See Article VIII.

SITE PLAN/PROJECT PLAN

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.

[Added 12-17-2019 by L.L. No. 11-2019]

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.

[Added 12-17-2019 by L.L. No. 11-2019]

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. This definition does not include any solar energy system of four square feet in size or less.

[Added 12-17-2019 by L.L. No. 11-2019]

SOLAR FARMS

A solar energy system or collection of solar energy systems or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of supplying electricity to a utility grid for wholesale or retail sales of electricity to the general public or utility provider.

[Added 12-17-2019 by L.L. No. 11-2019]

SOLAR PANEL

Refers either to a photovoltaic module or a set of solar photovoltaic (PV) modules electrically connected and mounted on a supporting structure which converts solar energy into electricity.

[Added 12-17-2019 by L.L. No. 11-2019]

SOLAR PHOTOVOLTAIC SYSTEM

A photovoltaic system, also photovoltaic power system, solar PV system, PV system or solar array, is a power system designed to supply usable solar power by means of photovoltaics. It consists of an arrangement of several components, including solar panels to absorb and directly convert sunlight into electricity, a solar inverter to change the electrical current from DC to AC, as well as mounting, cabling and other electrical accessories to set up a working system.

[Added 12-17-2019 by L.L. No. 11-2019]

SOLAR SKYSPACE

The space between a solar energy system and the sun through which solar radiation passes.

[Added 12-17-2019 by L.L. No. 11-2019]

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

[Added 12-17-2019 by L.L. No. 11-2019]

SOLID WASTE MANAGEMENT FACILITY

See storage or disposal uses E5, § 200-22E(5).

SPECIAL USE

A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to particular standard and conditions set forth for such use, compliance with which is determined by the Zoning Board of Appeals.

STORAGE OR WHOLESALING, INDOOR

See storage or disposal uses E1, § 200-22E(1).

STORAGE OR WHOLESALING, OUTDOOR

See storage or disposal uses E3, § 200-22E(3).

STORAGE, PETROLEUM

See storage or disposal uses E7, § 200-22E(7).

STREET

A public right-of-way for vehicular traffic, acquired by the State of New York or a municipal entity by use or dedication, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, court, terrace, drive, place or other similar designation, and which affords a means of public access to abutting properties.

STRUCTURE

A combination of materials extending above the ground which is assembled, constructed or erected at a fixed location, the use of which requires location on the ground or attachment to something having location on the ground.

TELECOMMUNICATIONS TOWERS

See §§ 200-22G(2) and 200-32.

TOPSOIL

The surface layer of the soil containing more or less organic matter to a depth usually plowed in cultivation.

TRUCKING TERMINAL FACILITIES

Enclosed structures for the operation of terminal facilities used by highway-type goods transportation vehicles and centralized storage of trucks loading and unloading goods.

USE

Any activity, occupation, business or operation conducted, or intended to be conducted, on a lot, parcel of land, or combination thereof, whether or not conducted inside or outside of a building or structure.

USE, ACCESSORY

A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

USE, PRINCIPAL

The primary use, or intended primary use, of land or structures, as distinguished from an accessory use.

UTILITIES

Public or private services such as emergency services, wastewater treatment plants, public and private utility substations, water towers, utility and public sewer and water pump stations related to distribution facilities, and telecommunications towers. See § 200-22G, Utilities.

[Amended 12-17-2019 by L.L. No. 11-2019]

VARIANCE, AREA

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not otherwise allowed by the dimensional or physical requirements of the applicable zoning regulations, granted under the standards set forth in Article 16 of the New York Town Law.

VARIANCE, USE

The authorization by the Zoning Board of Appeals for the use of land or structures for a purpose which is otherwise not allowed, or is prohibited by the applicable zoning regulations, granted under the standards set forth in Article 16 of the New York Town Law.

VEHICLE MAINTENANCE AND SERVICE, HEAVY

See industrial uses F4, § 200-22F(4).

VEHICLE MAINTENANCE AND SERVICE, LIGHT

See commercial uses D6, § 200-22D(6).

YARD

An open space on a lot that lies between a building or buildings and the nearest lot line.