Basic definitions. As used in this chapter, the following
terms shall have the meanings indicated:
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-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.
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).
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 UNIT
A dwelling or portion thereof providing complete living facilities
for one family.
ENVIRONMENTAL MANAGER (EM)
An individual possessing the skills and knowledge to effectively
develop a site for use as a solar PV system and then reclaim the site,
restoring it, to the greatest extent practical, to its original use.
[Added 3-6-2024 by L.L. No. 3-2024]
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]
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]
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]
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.
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]
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.
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]
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]
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]
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)
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 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.
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]
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]
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 3-6-2024 by L.L. No. 3-2024]
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.
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.
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).
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]
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.
SITE PLAN/PROJECT 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.
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 system of components intended for the collection, inversion,
storage, and/or distribution of solar energy that directly or indirectly
generates thermal, chemical, electrical, or other usable energy. A
solar energy system consists of, but is not limited to, solar collectors,
mounting devices or structures, generators/turbines, water and energy
storage and distribution systems, battery energy storage systems,
storage, maintenance and/or other accessory buildings, inverters,
fans, combiner boxes, meters, transformers, and all other mechanical
structures. The term also includes, but is not limited to, solar panels
and solar energy equipment. The area of a solar energy system includes
all the land inside the perimeter of the solar energy system, which
extends to any interconnection equipment. A solar energy system is
classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows:
[Added 12-17-2019 by L.L.
No. 11-2019; amended 3-6-2024 by L.L. No. 3-2024]
(1)
Tier 1 solar energy systems include the following:
(a)
Building-integrated solar energy systems; and
(b)
Roof-mounted solar energy systems.
(2)
Tier 2 solar energy systems include ground-mounted solar energy
systems with a total surface area of all solar panels on the lot of
up to 4,000 square feet and that generate over a twelve-month period
not more than 110% of the electricity consumed on the site over the
previous 12 months.
(a)
Notwithstanding the above, a solar energy system located on
a farm operation, as defined in § 301, Subdivision 11, or
the relevant provision, of the New York State Agriculture and Markets
Law, and located in a New York State Agricultural District, which
primarily serves the needs of such farm operation and produces not
more than 110% of the farm's needs, or other amount that may
be established by resolution of the Van Buren Town Board in accordance
with New York State Department of Agriculture and Markets guidance,
shall be deemed a Tier 2 solar energy system.
(b)
A system that does not exceed the production or output limits
and otherwise conforms to the requirements of this definition shall
not be excluded from designation as a Tier 2 solar energy system as
a result of selling or otherwise receiving credits or benefits for
excess energy provided to the distribution grid.
(3)
Tier 3 solar energy systems are utility-scale solar energy systems.
Tier 3 systems include any solar-energy-generation facility or area
of land principally used to convert solar energy to electricity, whether
by photovoltaics, concentrating solar-thermal devices or various experimental
solar technologies, which shall be deemed to include but not be limited
to any solar energy system which has a total surface area of all solar
panels on the lot of more than 4,000 square feet, designed and intended
to supply energy primarily into a utility grid for sale to the general
public or to supply multiple users located off the site on which the
energy system is located.
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]
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.
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.
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.
YARD
An open space on a lot that lies between a building or buildings
and the nearest lot line.