Pursuant to the authority conferred by Article 16 of the Town
Law of the State of New York, the Town Board of the Town of Stafford
hereby adopts and enacts as follows.
This chapter shall be known as the "Zoning Law of the Town of
Stafford."
This chapter is adopted for the protection and promotion of
the public health, safety, morals and general welfare of the community,
as follows:
A.
To guide the future growth and development of the Town in accordance
with a comprehensive land use and population density that represents
the most beneficial and convenient relationships among the residential,
nonresidential and public areas within the Town, considering the suitability
of each area for such uses, as indicated by existing conditions, trends
in population and mode of living, and having regard for the use of
land, building development and economic activity, considering such
conditions and trends both within the Town and with respect to the
relation of the Town to areas outside thereof.
B.
To provide adequate light, air and privacy; to promote safety from
fire, flood and other danger, and to prevent overcrowding of the land
and undue congestion of the population.
C.
To protect and conserve the value of the land throughout the Town
and the value of buildings appropriate to the various districts established
by this chapter.
D.
To protect the character and the social and economic stability of
all parts of the Town, and to encourage the orderly and beneficial
development of all parts of the Town.
E.
To bring about conformity of the uses of land and buildings through
the comprehensive zoning plan set forth in this chapter, and to minimize
the conflicts among the uses of land and buildings.
F.
To promote the most beneficial relation between the uses of land
and buildings and the circulation of traffic throughout the Town,
having particular regard to the avoidance of congestion in the streets
and the provision of safe and convenient vehicular and pedestrian
traffic movement appropriate to the various uses of land and buildings
throughout the Town.
G.
To provide a guide for public policy and action in the efficient
provision of public facilities and services, and for private enterprise
in building development, investment and other economic activity relating
to uses of land and buildings throughout the Town.
H.
To prevent over development which exceeds the availability and capacity
of public facilities and services.
I.
To prevent the pollution of streams and ponds, to safeguard the water
table, and to encourage the wise use and sound management of the natural
resources throughout the Town in order to preserve the integrity,
stability and beauty of the community and the value of the land.
A.
No building or land shall hereafter be used or occupied, and no building
or part thereof shall be erected, moved or altered, unless in conformity
with the regulations herein specified for the district in which it
is located, and no building shall hereafter be erected or altered
to exceed the height, to accommodate or house a greater number of
families, to occupy a greater percentage of lot area or to have narrower
or smaller rear yards, front yards, or side yards, than is specified
herein for the district in which such building is located, and what
is specified within this chapter as to dimensional and similar area
requirements is further limited and qualified by any restrictions
imposed by any applicable additional requirements, standards, and/or
regulations contained in this chapter. No building, structure, or
premises shall be used, and no building or other structure shall be
erected which is intended, arranged or designed to be used for any
trade, industry, business or purpose of any kind, that is noxious
by reason of the emission of odor, dust, refuse matter, garbage, smoke,
fumes, gas, noise or vibration, or that is dangerous to the health
or safety of the community.
[Amended 9-14-2015 by L.L. No. 1-2015]
B.
In interpreting and applying this chapter, the requirements contained
herein are declared to be the minimum requirements for the protection
and promotion of the public safety, health, morals and general welfare.
This chapter shall not be deemed to affect in any manner whatsoever
any easements, covenants or other agreements between parties; however,
where this chapter imposes greater restrictions than are imposed by
other ordinances, rules, regulations, licenses, certificates or other
authorizations, or by easements, or covenants, or agreements, then
the provisions of this chapter shall prevail.
C.
Any use not specifically set forth as a permitted use (as of right, accessory, or upon special permit, as the context may admit) in any zoning district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Without limiting the generality of the foregoing, for purposes of clarity certain uses are explicitly prohibited in each and every zoning district as more fully set forth in § 182-17.1A hereof.
[Amended 9-14-2015 by L.L. No. 1-2015]
D.
Nothing herein contained shall require any change in plans or construction
of a building for which a zoning permit has been issued.
E.
All buildings under construction at the time this chapter is adopted
shall conform to the Zoning Ordinance in effect at the time construction
was commenced.
A.
Except where specifically defined or otherwise specifically provided
herein, all words used in this chapter shall carry their customary
dictionary meanings. For purposes hereof, certain terms and words
shall be interpreted as follows: words used in the present tense shall
include the future; the plural usage includes the singular, and the
singular the plural; the word "shall" is mandatory; the word "may"
is permissive; the word "building" includes the word "structure,"
and both "building" and "structure" include any part thereof; the
word "lot" includes the words "plot" and "parcel"; and the words "occupied"
and "used" shall be interpreted as though followed by the words "or
intended, arranged, or designed to be used or occupied." Where the
precise meaning of a word is in doubt by any board or official, the
Zoning Board of Appeals shall make a determination in accordance with
the purpose and intent of this chapter and the Comprehensive Plan.
[Amended 9-14-2015 by L.L. No. 1-2015]
B.
ACCESSORY USE
ADMINISTRATIVE OFFICE
ADULT CARE
ADULT CARE FACILITY
ADULT USES
AGRICULTURAL ACCESSORY USE
AGRICULTURAL BASED BUSINESS
AGRICULTURAL USE
ALTERATION
ANIMAL SHELTER
ANIMAL WASTE STORAGE FACILITY
ANTENNA
AWNING
BED-AND-BREAKFAST
BELOW-REGULATORY CONCERN
BOARDING HOUSE
BUILDING
BUILDING ACCESSORY
BUILDING FACE or BUILDING FRONT
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING, TEMPORARY
CAMP
CARPORT
CAR WASH
CERTIFICATE OF COMPLIANCE
CHILD DAY CARE
(1)
(2)
(a)
(b)
(c)
(d)
(e)
CHILD DAY-CARE CENTER
CLUB
COMMERCIAL COMMUNICATION TOWER
COMMERCIAL EXCAVATION
COMMUNITY CENTER
COMMUNITY RESIDENCE
COMPREHENSIVE PLAN
CONTRACTOR'S YARD
CONVALESCENT HOME or EXTENDED CARE FACILITY
COVERAGE
DAY-CARE CENTER (FACILITY)
DISPOSAL TRANSFER STATION
DISTRIBUTION CENTER
DRIVE-IN SERVICE
DUMP and DUMPING
DWELLING
DWELLING UNIT
DWELLING UNIT, EFFICIENCY
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
EDUCATIONAL INSTITUTION, PRIVATE
EXPLICITLY PROHIBITED USE(S)
FAMILY
FAMILY DAY-CARE HOME
FARM
FARM WOODLAND
FARM-WORKER HOUSING
FLOOR AREA OF A BUILDING
FLOOR, LOWEST
FRONTAGE
GARAGE, PRIVATE
GASOLINE STATION
GASOLINE STATION-MARKET
GROUP FAMILY DAY CARE
HABITABLE FLOOR AREA
HOME OCCUPATION
(1)
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[4]
[5]
[6]
[a]
[b]
[c]
[7]
(2)
(3)
HOSPITAL
HOSPITAL, ANIMAL
HOTEL/MOTEL
INDUSTRIAL/INDUSTRIAL USES/INDUSTRY
INDUSTRIAL PARK
INJECTION WELL
JUNK
JUNKYARD
(1)
(2)
(3)
KENNEL
LAND APPLICATION FACILITY
LANDFILL, SANITARY
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT LINES
LOT OF RECORD
LOT WIDTH
MANUFACTURED HOME
MANUFACTURED HOME PARK
MANUFACTURING
MINERAL DEPOSITS; NATURAL MINERAL DEPOSITS
MOBILE HOME
MOTEL
MOTOR VEHICLE REPAIR SHOP
MOTOR VEHICLE SALES
NATURAL GAS
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION
WASTES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION
WASTES DISPOSAL/STORAGE FACILITY
(1)
(2)
(3)
(4)
(5)
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION
WASTES DUMP
NATURAL GAS COMPRESSION FACILITY
NATURAL GAS PROCESSING FACILITY
NYS UNIFORM CODE
NONCONFORMING USE
NURSING HOME
OWNER
PARCEL
PARKING SPACE
PERSONAL SERVICES
PLANNING BOARD
POND
PROFESSIONAL OFFICE
QUARRY, SAND PIT, GRAVEL PIT, TOP SOIL STRIPPING
RADIATION
RADIOACTIVE MATERIAL
RECREATION, INDOOR
RECREATION, OUTDOOR
RECREATIONAL VEHICLE or RV
RECYCLABLES HANDLING AND RECOVERY FACILITY
RELIGIOUS INSTITUTION
RESEARCH AND DEVELOPMENT FACILITY
RETAIL SALES
RETAIL SERVICES
RETAIL STORE
ROAD
ROADWAY
SCHOOL
SELF-SERVICE STORAGE FACILITY
SHOPPING CENTER
SIGN
SITE PLAN
SOUND AGRICULTURAL PRACTICE
STABLING OF FARM ANIMALS
STRUCTURE
SUBSURFACE
SWIMMING POOL
TEMPORARY USE
TOURIST HOME
TRAILER
TRUCK STOP
TRUCK TERMINAL
UNDERGROUND INJECTION
UNDERGROUND NATURAL GAS STORAGE
USE
UTILITIES, PRIVATE
UTILITY; UTILITY, PUBLIC; PUBLIC UTILITY FACILITY, ETC.
VARIANCE
VARIANCE, AREA
VARIANCE, USE
WAREHOUSE
WHOLESALE TRADE
WIND ENERGY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD OF APPEALS
For purposes of this chapter, unless otherwise specifically provided,
the following terms and words shall have the meanings set forth below:
[Amended 9-14-2015 by L.L. No. 1-2015]
Use of buildings customarily incidental and subordinate to
principal use or buildings, and located on the same lot. Under no
circumstances shall any explicitly prohibited use qualify as an accessory
use.
[Amended 9-14-2015 by L.L. No. 1-2015]
An establishment primarily engaged in overall management
and general supervisory functions, such as executive, personnel, finance,
legal, and sales activities, performed in a single location or building
for other branches or divisions of the same company or organization.
The provision of temporary or long-term residential care
and services to adults who, though not requiring continual medical
or nursing care as provided by facilities licensed or operated pursuant
to Article 28 of the Public Health Law or Articles 19, 23, 29 and
31 of the Mental Hygiene Law, are, by reason of physical or other
limitations associated with age, physical or mental disabilities or
other factors, unable or substantially unable to live independently.
A facility other than a family-type home, which provides
adult care. For the purposes of this chapter, an adult care facility
shall include the following: adult home, enriched housing program,
residence for adults, shelter for adults, public home and private
proprietary adult care facility as defined by NYS Department of Social
Services Chapter II, Subchapter D, Part 485.
See § 182-34.
Any activity connected with the raising of crops, livestock
or production of livestock products, including but not limited to
field crops, fruits, vegetables, horticultural specialties, livestock
and livestock products, furs, maple sap, Christmas trees, aquaculture
products and woody biomass. This shall encompass any activity or use
now permitted by law, engaged in by or on behalf of a farmer in connection
with farming, including, but not limited to, housing for farm workers;
stables and other tourist activities; the collection, transportation,
distribution and storage of animal and poultry waste; storage, transportation
and use of equipment for tillage, planting, harvesting and marketing;
transportation, storage and use of fertilizers and limes, and legally
permitted insecticides, herbicides, and fungicides; construction of
farm structures and facilities, including farm wineries and other
on-farm food processing; construction and maintenance of fences and
other enclosures; and the use and/or maintenance of related pastures,
idle or fallow land, woodland, wetland, farm ponds, farm roads and
certain farm buildings and other structures related to the agriculture
practices. Agricultural accessory uses shall also include the processing
and wholesale and retail marketing, including U-pick sales, of the
agricultural output of the farm and related products that contribute
to farm income, including the sale at the owner's farm stand of agricultural
products so long as a substantial portion of the annual gross sales
of the farm stand have been grown on said farm. Under no circumstances
shall any explicitly prohibited use qualify as an agricultural accessory
use.
[Amended 9-14-2015 by L.L. No. 1-2015]
A business which primarily serves agricultural uses (i.e.,
farm operations), including services such as those that sell and/or
apply herbicides, pesticides or fertilizer, dry and/or store grains,
sell seeds, etc.
Any parcel of land containing at least five acres used for
the raising of food products or other useful or valuable growths of
the field or garden for sale, together with dairying, raising of livestock
and poultry, and other sound agricultural practice as defined in this
section, where the same is carried on as a business or otherwise for
profit. Such uses shall include the establishment of necessary farm
structures within the prescribed limits and the storage of equipment
used in connection therewith. Agricultural uses shall exclude riding
academies or dog kennels.
Structural changes, rearrangements, change of location, or
addition to a building, other than repairs and modification in building
equipment.
A kennel (including private ones, see definition of "kennel"),
stable, veterinary hospital or service facility, and similar uses
oriented to the care or harboring of animals, whether commercial or
nonprofit (not including agricultural uses such as dairy farms, beef
cattle, etc., see also "stabling of farm animals").
Any building, structure, pond, lagoon or yard for the bulk
storage of animal waste for eventual removal and/or dispersion.
An arrangement of wires or metal rods used in transmitting
or receiving electromagnetic waves.
An overhead structure attached to a building wall and that
consists of fabric or other material covering a frame extending at
least 12 inches from the face of a building.
An owner-occupied dwelling in which a room or rooms are rented
on a nightly basis for periods of less than two weeks. Meals may or
may not be provided.
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation threshold established
by any regulatory agency otherwise having jurisdiction over such material
in the Town.
[Added 9-14-2015 by L.L.
No. 1-2015]
Owner-occupied dwelling wherein more than two people are
sheltered for profit for periods of more than two weeks in any consecutive
six-month period.
Any structure having a roof supported by columns or by walls,
and intended for the shelter, housing or enclosure of persons, animals,
machinery, equipment or other material.
A subordinate building on the lot and used for purposes customarily
accessory to that of the principal building.
The outer surface of a building, including the outer and
inner surface of windows thereon, visible from any private or public
street or highway.
The line of that face of the building nearest the street
line, or if there are street lines on two or more sides of the building,
it is the line of that face of the building frontage on that street
line where the principal entrance is located. This face includes covered
porches, whether enclosed or unenclosed, but does not include steps.
The vertical distances measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof.
A temporary building or temporary structure is one erected,
constructed or placed upon the premises, to exist there for a brief
or temporary duration of time, not exceeding nine months. All other
buildings or structures shall be deemed and considered as permanent
for the purposes of this chapter.
Land on which is located one or more cabins, trailers, shelters,
houseboats, recreational vehicles, or other accommodation for seasonal
or temporary living purposes, excluding manufactured or mobile homes.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
Any building or premises or portions thereof used for washing
motor vehicles.
A certificate issued by the Zoning Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building or land. Said certificate shall acknowledge compliance
with all the requirements of this chapter only and such adjustment
thereto granted by the Board of Appeals or Planning Board.
Care for a child on a regular basis provided away from the child's
residence for less than 24 hours per day by someone other than the
parent, step-parent, guardian or relative within the third degree
of consanguinity of the parents or step-parents of such child, as
defined by NYS Department of Social Services Chapter II, Subchapter
C, Part 413.
Child day care does not refer to care provided in:
A summer day camp, traveling summer day camp or children's overnight
camp as defined in the State Sanitary Code.
A program for school age children operated solely for the purpose
of religious education, sports, classes, lessons or recreation.
A facility providing day service under an operating certificate
issued by the Department.
A facility providing day treatment under an operating certificate
issued by the Office of Mental Health or by the Office of Mental Retardation
and Developmental Disabilities.
A kindergarten, prekindergarten or nursery school for children
three years of age or older, or a program for school-age children
three years of age or older, or a program for school-age children
conducted during nonschool hours, operated by a public school district
or by a private school or academy which is providing elementary or
secondary education or both in accordance with the compulsory education
requirements of the Education Law, provided that such kindergarten,
prekindergarten, nursery school or program is located on the premises
or campus where the elementary or secondary education is provided.
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, as defined by NYS
Department of Social Services Chapter II, Subchapter C, Part 413,
except those programs operating as a group family day-care home, a
family day-care home or school-age child care program, as defined
in this section.
A building or use for an organization established pursuant
to the New York State Not-For-Profit Law for a social, educational
or recreational purpose, catering exclusively to members and their
guests, whose activities are not conducted primarily for profit and
are not conducted in conjunction with a public tavern, cafe or other
place of business.
A structure, including one or more antennas, that is intended
for transmitting and/or receiving radio, television, telephone or
microwave communications but excluding those used either for fire,
police and other dispatch communications, or exclusively for private
radio and television reception and private citizens' bands, amateur
radio and other similar communications.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter in no event shall the term "commercial excavation,"
or any variation thereof, be construed to mean, be, include, or authorize
within the Town any natural gas and/or petroleum extraction activities
or any other explicitly prohibited use.
[Added 9-14-2015 by L.L.
No. 1-2015]
Meeting hall, place of assembly, museum, art gallery, library,
not operated primarily for profit.
A supervised community home operated in compliance with the
New York State Mental Hygiene Law which houses not more than 14 individuals
and provides client supervision on a twenty-four-hour basis. For purposes
of this chapter, an approved community residence as defined herein
is considered a one-family dwelling.
Any document, styled Comprehensive or Master Plan or otherwise,
adopted by the Town Board for the protection, enhancement, growth,
and development of the Town, immediate as well as long-range, specifically
pursuant to § 272-a of the New York State Town Law, together
with all other materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material, adopted by the Town Board, that identify the goals, objectives,
principles, guidelines, policies, standards, devices and instruments
for the protection, enhancement, growth and development of the Town.
[Added 9-14-2015 by L.L.
No. 1-2015]
Parking or storage of two or more pieces of contractor's
equipment (i.e., back hoe, bulldozer, compressors, commercial trucks,
etc.) or bulk storage of construction material on a lot, for other
than on site or personal use.
See "hospital."
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
A place, person, association, corporation, institution or
agency which provides day care as defined by NYS Department of Social
Services Chapter II, Subchapter C, Part 413, in which parents, guardians
or others responsible for care place children, excluding family day-care
homes and group family day-care homes as defined herein. The name,
description or form of the entity which operates a day-care center
shall not affect its status as a day-care center.
A solid waste management facility, other than a recyclables
handling and recovery facility exclusively handling nonputrescible
recyclables, that can have a combination of structures, machinery
or devices where solid waste is taken from collection vehicles and
placed in other transportation units for movement to another solid
waste management facility. Notwithstanding any provision hereof to
the contrary, for purposes of this chapter in no event shall the term
"disposal transfer station" or any variation thereof contained in
this chapter, be construed to mean, be, include, or authorize within
the Town a land application facility, a natural gas and/or petroleum
exploration, extraction or production wastes disposal/storage facility,
a natural gas and/or petroleum extraction, exploration or production
wastes dump, or any other explicitly prohibited use.
[Amended 9-14-2015 by L.L. No. 1-2015]
An enclosed establishment engaged in the receipt, storage,
and distribution of goods, products, cargo, and materials, including
transshipment by boat, rail, air or motor vehicle.
Building or use where a product is sold to or a service performed
for customers while they are in or near their motor vehicle.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter in no event shall the term "dump," "dumping,"
or any variation thereof contained in this chapter, be construed to
mean, be, include, or authorize within the Town a land application
facility, a natural gas and/or petroleum exploration, extraction or
production wastes disposal/storage facility, a natural gas and/or
petroleum extraction, exploration or production wastes dump, or any
other explicitly prohibited use.
[Added 9-14-2015 by L.L.
No. 1-2015]
A detached building designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include an automobile court, recreational vehicle, motel, boarding or rooming house, tourist home, or tent. For the purposes set forth in this chapter, a mobile home shall be considered a dwelling or dwelling unit only if it is located in the Town of Stafford in those situations permitted under Article V of this chapter.
A building, or portion thereof, providing complete housekeeping
facilities for one family.
A dwelling unit consisting of not more than one habitable
room (as defined in NYS Uniform Code) together with kitchen or kitchenette
and sanitary facilities.
A dwelling containing three or more dwelling units.
A dwelling containing one dwelling unit only.
A dwelling containing two dwelling units only.
Any nonpublic school or other organization or institution
conducting a regularly scheduled curriculum of study similar to that
of the public schools and operated under the Education Law of New
York State and recognized by the appropriate educational authorities.
The explicitly prohibited uses defined and described in § 182-17.1A of this chapter.
[Added 9-14-2015 by L.L.
No. 1-2015]
One or more persons who live together in one dwelling unit
and maintain a common household, whether or not related by blood,
marriage or adoption. May also include domestic servants and gratuitous
guests.
As defined by NYS Department of Social Services Chapter II,
Subchapter C, Part 413, an owner-occupied residence in which child
day care is provided on a regular basis for up to six children for
compensation or otherwise. For the purposes of this chapter, a family
day-care home shall be considered an accessory use to a family dwelling
unit.
See "agricultural use."
Land used for the production for sale of woodland products,
including but not limited to logs, lumber, posts and firewood. Farm
woodland shall not include land used to produce Christmas trees or
land used for the processing or retail merchandising of woodland products.
On-farm housing provided by the farm operator (irrespective
of whether the operator owns or rents the farm for the production
of agricultural products) for seasonal and/or full-time employees
and their families to, among other things, accommodate the long workday,
meet seasonal housing needs and address the shortage of nearby rental
housing in rural areas. The employee to be housed is engaged in the
production function(s) of the farm operation and is not a partner
or owner of the farm operation. The primary residence of the owner
or partner of the farm operation shall not be considered farm-worker
housing.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
basement floor areas not devoted to residential use, but including
the area of roofed porches and roofed terraces. All dimensions shall
be measured between exterior faces of walls.
Lowest level, including basement, crawl space, or garage
of lowest enclosed area.
The contiguous extent of a building or a lot along one public
road as defined herein.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit herein nor space therein for more than one car is leased to
a nonresident of the premises.
Building or land used for sale of motor fuel, oil and motor
vehicle accessories, and which may include facilities for lubricating,
washing or servicing vehicles, but not including painting or body
repairs.
A gasoline station which provides a second commercial service,
such as a restaurant, dairy bar, beverage market, or food market or
such a commercial use which provides for gasoline sales. For the purpose
of this definition, sales from vending machines are not considered
commercial service.
An owner-occupied residence in which child day care is provided
on a regular basis for more than three hours per day per child for
seven to 12 children for compensation or otherwise, as defined by
NYS Department of Social Services Chapter II, Subchapter C, Part 413.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation or combination thereof. A
floor used only for storage purposes is not habitable.
An occupation or profession which:
Is customarily carried on in a dwelling unit or in a building
or other structure accessory to a dwelling unit; and
Is carried on by a member of the immediate family residing in
the dwelling unit; and
Is clearly incidental and secondary to the use of the dwelling
unit for residential purposes, and
Which conforms to the following additional conditions:
The occupation of profession is carried on wholly within the
principal building or within a building or other structure accessory
thereto.
No more than one person outside the immediate family is employed
in the home occupation.
There is no exterior display and no exterior sign larger than
four square feet, no exterior storage of materials and no exterior
indication of the home occupation or variations of the residential
character of the principal building.
A home occupation(s) shall not occupy more than 25% of the total
floor area of a dwelling unit up to a maximum of 500 square feet.
Multiple home occupations located on a single lot shall not
exceed in total the limitations for a single home occupation.
No offensive noise, vibration, smoke, dust, odors, heat, or
glare is produced, nor does the home occupation result in:
Dissemination of noise, vibration, smoke, observable gas or
fumes, or other atmospheric pollutant beyond the boundaries of the
immediate site of the building in which such use is conducted.
Hazard or fire explosion or other physical hazard to any person,
building or vegetation.
Radiation or interference with radio or television reception
beyond the boundaries of the immediate site of the building in which
such use is conducted, or the testing of material or instruments in
such manner as to constitute a public nuisance.
Adequate parking is provided as set forth in § 182-30.
In particular, a home occupation may include, but is not limited
to, the following: art studio, barbershop, beauty parlors (when limited
to two work stations), cook, day nursing, draftsman, dress maker,
electrical/radio/television repair, laundering, musician, photographer,
professional office of a physician, dentist, lawyer, engineer, architect
or accountant within a dwelling occupied by the same, upholsterer,
teaching or tutoring, real estate offices, insurance offices.
However, a home occupation shall not be interpreted to include
the following: motor vehicle repair shop, machine shop, welding and
fabrication shop, commercial stables and kennels, restaurants.
Hospital, sanitarium, clinic, rest home, nursing home, convalescent
home, home for aged, and any place of diagnosis and treatment of human
ailments, except a doctor's office.
An establishment for the medical and/or surgical care of
injured and/or diseased animals.
Building(s) containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room may be provided within the building or in
an accessory building.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter in no event shall the terms "industrial,"
"industrial uses," "industry," "industry, heavy," or any variation
thereof contained in this chapter, be construed to mean, be, include,
or authorize within the Town natural gas and/or petroleum exploration
activities, natural gas and/or petroleum extraction activities, a
land application facility, a natural gas and/or petroleum exploration,
extraction or production wastes disposal/storage facility, a natural
gas and/or petroleum extraction, exploration or production wastes
dump, or any other explicitly prohibited use.
[Added 9-14-2015 by L.L.
No. 1-2015]
A tract of land that is planned, developed, and operated
as an integrated facility for a number of individual industrial uses,
with consideration to transportation facilities (rail and highway),
circulation, parking, utility needs, aesthetics, and compatibility.
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension of the hole, through which fluids
(which may or may not include semi-solids) are injected into the subsurface
and less than 90% of such fluids return to the surface within a period
of 90 days.
[Added 9-14-2015 by L.L.
No. 1-2015]
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or abandoned, scrapped, ruined, dismantled
or wrecked motor vehicles or parts thereof, iron, steel, and other
old or scrap ferrous or nonferrous material, tires, lumber, pallets
or other wood debris. Notwithstanding any provision hereof to the
contrary, for purposes of this chapter in no event shall the term
"junk" or any variation thereof contained in this chapter, be construed
to mean, be, include, or authorize within the Town a land application
facility, a natural gas and/or petroleum exploration, extraction or
production wastes disposal/storage facility, a natural gas and/or
petroleum extraction, exploration or production wastes dump, or any
other explicitly prohibited use.
[Amended 9-14-2015 by L.L. No. 1-2015]
Outside storage or deposit, whether in connection with another
business or not, where one or more unregistered, old or secondhand
motor vehicles no longer intended or in condition for legal use on
the public highways, or one or more pieces of farm equipment or machinery
no longer intended or in condition for agricultural use, are held,
whether for the purpose of resale of used parts therefrom, for the
purpose of reclaiming for use some or all of the materials therein
whether metal, glass, fabric or otherwise, for the purpose of disposing
of the same or for any other purpose; such term shall include any
place of storage or deposit for any such purposes of used parts or
waste materials from motor vehicles and/or material defined as junk
by this chapter which, taken together equal in volume more than 100
cubic feet. In addition, a junkyard shall include any land or structure
used for collecting, storage or sale of wastepaper, rags, scrap metal,
pallets, other discarded material or 10 or more used and unmounted
tires other than within a fully enclosed building. The following conditions
do not constitute a junkyard:
Storage of a single motor vehicle for use on a seasonal basis
(i.e., a winter car), provided such vehicle is intact, located in
other than the front yard, and has a NYS motor vehicle inspection
sticker which was issued within the previous 12 months;
A single-motor vehicle offered for sale for a total period of
time, consecutive or nonconsecutive, not to exceed 30 days;
Machinery equipment and other materials incidental to an agricultural
use when located on premises being actively used for agricultural
purposes.
Building, structure or land used for harboring four or more
dogs over six months old, for profit.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
[Added 9-14-2015 by L.L.
No. 1-2015]
The depositing of refuse in a natural or man-made depression
or trench, or dumping it at ground level, compacting to the smallest
practical volume, and covering with earth or other material in a systematic
and sanitary manner. Notwithstanding any provision hereof to the contrary,
for purposes of this chapter in no event shall the term "landfill,
sanitary" or any variation thereof contained in this chapter, be construed
to mean, be, include, or authorize within the Town a land application
facility, a natural gas and/or petroleum exploration, extraction or
production wastes disposal/storage facility, a natural gas and/or
petroleum extraction, exploration or production wastes dump, or any
other explicitly prohibited use.
[Amended 9-14-2015 by L.L. No. 1-2015]
An area completely bounded by property lines whose minimum
area, width, and depth meet the requirements for a lot in the district
in which such land is situated; and having frontage on a road, or
other means of access as may be determined by the Planning Board to
be adequate as a condition for issuance of a zoning permit.
Total area within property lines.
A lot located at the junction of and fronting on two or more
intersecting streets (also see definition "lot line front").
Mean horizontal distance from street right-of-way line of
the lot to its opposite rear line measured at right angles to building
line.
In the case of a lot abutting upon only one street, the line
separating the lot from the street right-of-way; in the case of a
lot abutting more than one street, each street line shall be considered
a front lot line.
The lot line which is generally opposite the front lot line,
if the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
The property line or lines extending from the front lot line
to the rear lot line.
The property lines bounding a lot as defined herein.
A lot which exists as shown or described on a plat or deed
in the records of the County Clerk.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
As defined by the NYS Uniform Fire Prevention and Building
Code, a manufactured dwelling unit built on or after June 15, 1976,
and conforming to the requirements of the Department of Housing and
Urban Development (HUD), Manufactured Home Construction and Safety
Standards, 24 CFR Part 3208, 4-1-1993, transportable in one or more
sections, which in the traveling mode is eight feet or more in width
or 40 feet or more in length, or, when erected on site is 320 square
feet minimum, constructed on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all the requirements of
this definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
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. The term "manufactured
home" shall not include any self-propelled recreational vehicle.
A parcel that has been improved for the rental or lease of
two or more spaces and the provision of services for manufactured
homes or mobile homes for nontransient residential use.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of components parts, the creation of products, and the blending of
materials, such as lubricating oils, plastics, resins, or liquors.
Processing on farms shall not be classified as manufacturing if the
raw material is grown on the farm or is accessory to the major use
of farming.
In no event shall "mineral deposits," "natural mineral deposits,"
or any variation thereof be construed to mean, be, or include natural
gas or any component thereof.
[Added 9-14-2015 by L.L.
No. 1-2015]
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode is eight feet or more in width or 40 feet
or more in length, or, when erected on site is 320 square feet minimum,
constructed on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning and electrical
systems contained therein. The term "mobile home" shall not include
travel trailers or any self-propelled recreational vehicle.
See "hotel."
A building used for repair and servicing of motor vehicles.
The use of any building, land area, or other premises for
the display and sale of new or used motor vehicles, including cars,
light trucks, vans, trailers, or recreational vehicles, and including
any vehicle preparation or repair work conducted as an accessory use.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
[Added 9-14-2015 by L.L.
No. 1-2015]
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
[Added 9-14-2015 by L.L.
No. 1-2015]
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
[Added 9-14-2015 by L.L.
No. 1-2015]
[Added 9-14-2015 by L.L. No. 1-2015]
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous," or "toxic,"
and whether or not such substances are generally characterized as
waste:
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or
processing wastes;
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material);
Any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
This definition specifically intends to include some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 CFR 261.4(b). The definition of natural gas and/or
petroleum extraction, exploration or production wastes does not include
recognizable and nonrecognizable food wastes, liquid (human) septic
tank waste, or animal manure (liquid or otherwise) or other waste
generated by agriculture use.
Any of the following:
[Added 9-14-2015 by L.L.
No. 1-2015]
Tanks of any construction (metal, fiberglass, concrete, etc.);
Impoundments;
Pits;
Evaporation ponds; or
Other facilities, in any case used for the storage or treatment
of natural gas and/or petroleum extraction, exploration or production
wastes that are being held for initial use, have been used and are
being held for subsequent reuse or recycling, are being held for treatment,
or are being held for storage.
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
[Added 9-14-2015 by L.L.
No. 1-2015]
A facility constructed or operated to raise the pressure
of natural gas in connection with its extraction, processing, or storage,
or its delivery into or out of the transmission pipeline system; the
term shall not include the transmission pipeline itself; the term
shall include equipment for liquids separation, natural gas dehydration,
and tanks for the storage of waste liquids and hydrocarbon liquids.
[Added 9-14-2015 by L.L.
No. 1-2015]
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
[Added 9-14-2015 by L.L.
No. 1-2015]
The New York State Uniform Fire Prevention and Building Code,
9 NYCRR.
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
was lawful under preceding ordinances or laws at the time the use
was established or, if established before 1964, was lawful before
such date and in either event has not been extended after becoming
a nonconforming use.
A facility providing therein nursing care to sick, invalid,
infirm, disabled or convalescent persons in addition to lodging and
board or health-related service, or any combination of the foregoing,
and in addition thereto, providing nursing care and health-related
service, or either of them, to persons who are not occupants of the
facility, as defined by Article 28 of the NYS Public Health Law.
Person or persons holding legal or equitable title to the
property.
A lot or tract of land.
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of 10 feet, and an
area of not less than 200 square feet, exclusive of passageways and
driveways, and having direct usable access to a street.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel. Such
services include laundry, dry cleaning, beauty shops, barbershops,
shoe repair, funeral services, health clubs, masseuse, educational,
social and domestic services.
The Town of Stafford Planning Board as established in § 182-48 of this chapter. All references to a "Planning Board" within this chapter shall be to the Town of Stafford Planning Board unless otherwise indicated (i.e., County Planning Board).
A man-made body of water, other than a swimming pool, greater than two feet in depth (see § 182-40).
The office of a member of a recognized profession maintained
for the conduct of that profession.
A parcel or part thereof used for the purpose of extracting
stone, sand, gravel, or topsoil, and exclusive of the process of grading
a lot preparatory to the construction of a building for which application
for a zoning permit has been made. Notwithstanding any provision hereof
to the contrary, for purposes of this chapter in no event shall the
terms "quarry, sand pit, gravel pit, topsoil stripping" or any variation
thereof contained in this chapter be construed to mean, be, include,
or authorize within the Town, natural gas and/or petroleum exploration
activities, natural gas and/or petroleum extraction activities, a
land application facility, or any other explicitly prohibited use.
[Amended 9-14-2015 by L.L. No. 1-2015]
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
[Added 9-14-2015 by L.L.
No. 1-2015]
Material in any form that emits radiation. This definition
specifically includes NORM (naturally occurring radioactive material),
but only if such naturally occurring material has been moved from
its naturally occurring location through a mechanical or other man-made
process. All such material is "radioactive material" for purposes
hereof, whether or not it is otherwise exempt from licensing and regulatory
control pursuant to the New York State Department of Labor, the U.S.
Nuclear Regulatory Commission, the U.S. Environmental Protection Agency,
the U.S. Department of Energy, the U.S. Department of Transportation,
or any other regulatory agency.
[Added 9-14-2015 by L.L.
No. 1-2015]
Includes, but is not limited to, bowling alley, theater,
table tennis, and pool hall, skating rink, gymnasium, swimming pool,
hobby workshop, and similar places of indoor recreation.
Includes, but is not limited to, golf courses, golf driving
range, trap, skeet, and archery range, swimming pool, skating rink,
riding stable, tennis court, recreation stadium, skiing facility,
hunting preserve, and similar places of outdoor recreation.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled, or driven and primarily designed as a temporary
living accommodation for emergency, recreational, camping, and travel
use and including, but not limited to, travel trailers, truck campers,
camping trailers, and self-propelled motor homes.
A solid waste management facility, other than collection
and transfer vehicles, at which recyclables are separated from the
solid waste stream, or at which previously separated recyclables are
collected.
Church, rectory, temple, parish house, convent, seminary
and retreat house.
An establishment or other facility for carrying on investigation
in the natural, physical, or social sciences, that may include engineering
and product development.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods. Some characteristics
of retail sales: it is usually a place of business and is engaged
in activity to attract the general public to buy; the establishment
buys and receives as well as sells merchandise; it may process or
manufacture some of the products, such as a jeweler or bakery, but
such processing or manufacturing usually is incidental or subordinate
to the selling activities; and retail establishments sell to customers
for their own personal or household use. This general definition shall
not include retail sales of motor vehicles, agricultural equipment,
manufactured homes, or industrial equipment or adult use materials.
Establishments providing services or entertainment, as opposed
to products, to the general public for personal or household use,
including eating and drinking places, finance, real estate and insurance,
internet hot spots, motion pictures, amusement and recreation services,
and galleries. This general definition shall not include hotels or
motels, adult use related entertainment, or the repair of motor vehicles,
agricultural equipment, or industrial equipment.
Enclosed store for sale of retail goods, personal service
shop, farm market, department store and restaurant, shall exclude
any drive-up service, freestanding retail stand, gasoline service
and motor vehicle repair service, new and used car sales and service,
trailer and mobile home sales and service.
Any vehicular way on private property limited to use by individuals
on such property.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge, including
but not limited to business schools, trade schools, schools of dance
and martial arts, as well as academic institutions.
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users. A warehouse operated for a specific commercial
or industrial establishment shall not be considered a self-service
storage facility.
Any group of two or more stores which share a common vehicular
entrance or entranceways and common off-street parking.
See § 182-31.
The development plan for one or more lots on which is shown
the existing and proposed conditions of the lot, including: topography,
vegetation, drainage, floodplains, marshes and waterways, open spaces,
walkways, means of ingress and egress, utility services, landscaping,
structures and signs, lighting, and screening devices; any other information
that reasonably may be required in order than an informed decision
can be made by the Planning Board or any other approving authority.
Practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. When located within a NYS
Certified Agricultural District shall include, but are not limited
to, operation of farm equipment; farm-worker housing; proper use of
agricultural chemicals and other crop protection methods; direct sale
to consumers of agricultural commodities or foods containing agricultural
commodities produced on farm; agricultural tourism; production, management
and harvesting of farm woodland, as defined in this section and construction
and use of farm structures. In order for a practice to be considered
sound, it must be legal, not harmful, necessary, and supported by
expert guidance or opinion. Notwithstanding any provision hereof to
the contrary, for purposes of this chapter in no event shall the term
"sound agricultural practice" or any variation thereof contained in
this chapter be construed to mean, be, include, or authorize within
the Town a land application facility or any other explicitly prohibited
use.
[Amended 9-14-2015 by L.L. No. 1-2015]
Livestock, poultry or fur-bearing animals within a building,
structure or other defined area for the purpose of housing or feeding.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
Below the surface of the earth, or of a body of water, as
the context may require.
[Added 9-14-2015 by L.L.
No. 1-2015]
Any structure intended for swimming, recreational bathing
or wading that can hold water over 24 inches deep. This includes in-ground,
aboveground and on-ground pools; hot tubs; spas and fixed-in-place
wading pools.
An activity conducted for a specified limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
Owner-occupied dwelling in which overnight accommodation
is provided for transient guests for profit.
A structure standing on wheels, towed or hauled by another
vehicle, and used for short-term human occupancy, carrying of materials,
goods, or objects, or as a temporary office.
Any building, premises, or land in which or upon which a
business, service, or industry involving the maintenance, servicing,
storage, or repair of commercial vehicles is conducted or rendered,
including the dispensing of motor vehicles and the sale of accessories
or equipment for trucks and similar commercial vehicles. A truck stop
also may include overnight accommodations and restaurant facilities
primarily for the use of truck crews.
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation. Truck terminals often include the storage or parking
of trucks awaiting cargo as well as facilities for servicing of trucks.
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes, including emplacement by or into
an injection well.
[Added 9-14-2015 by L.L.
No. 1-2015]
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location, whether for the purpose of load balancing the production
of natural gas or for any other reason, including without limitation
short-term, long-term, or intermittent storage for product quality,
processing, or transportation purposes, or because of market conditions.
Without limitation, this term includes compression and dehydration
facilities.
[Added 9-14-2015 by L.L.
No. 1-2015]
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
In no event shall "private utility," "utility, private" or
any variation thereof be construed to mean, be, include, or authorize
within the Town a natural gas compression facility, natural gas processing
facility, or any other explicitly prohibited use.
[Added 9-14-2015 by L.L.
No. 1-2015]
An entity which operates as a monopoly, and whose rates charged
to customers are established by a utility commission. A public utility
station, structure, or use is a facility, structure, or use which
is operated by a public utility, and which provides electric, gas,
steam, CATV, telephone or other communication service, water or sewerage
directly to the general public. In no event shall "public utility,"
"public utility facility," "utility," or any variation thereof be
construed to mean, be, include, or authorize within the Town a natural
gas compression facility, natural gas processing facility, or any
other explicitly prohibited use.
[Amended 9-14-2015 by L.L. No. 1-2015]
An area variance or a use variance, as the context may admit.
[Added 9-14-2015 by L.L.
No. 1-2015]
The authorization by the Zoning Board of Appeals for the
use of land in a manner that is not allowed by the dimensional requirements
of the applicable zoning regulations.
[Added 9-14-2015 by L.L.
No. 1-2015]
The authorization by the Board of Appeals for the use of
land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[Added 9-14-2015 by L.L.
No. 1-2015]
A building used for the enclosed short- or long-term storage
of goods and materials for redistribution or shipment to other locations
for ultimate dispersal. A warehouse may also include very limited
space for support activities related to the warehouse, such as an
office. No other uses or activities shall be allowed, including, but
not limited to, the following:
Enclosed establishments or places of business primarily engaged
in selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
See § 182-41.
An unoccupied space, open to the sky, on the same lot with
the building(s), structure(s) and/or uses.
An open unoccupied space on the same lot with the building,
situated between the front line of the building and the road line
and extending the full width of the lot (see "yard" definition).
The area of the lot extending across the entire rear of the
lot, bounded by the real property lot line and the rear building line
and between the two side lot lines (see "yard" definition).
The area between the side building line and the related side
lot line and between the front yard and the rear yard (see "yard"
definition).
The Town of Stafford Zoning Board of Appeals as established in § 182-49 of this chapter.
