Town of Busti, NY Interpretations and Definitions

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Article II Interpretations and Definitions

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Except where specifically defined herein, all words 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 "person" includes a corporation as well as an individual; the word "lot" includes the word "plot" or "parcel"; the word "shall" is intended to mean 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 the word "including" shall not limit the term to the instances of the like kind and character.

§ 405-5 Definitions.

Certain words and terms used in this chapter are defined as follows:

ACCESSORY BUILDING OR USE: An accessory building or use is one which:

AGRIBUSINESS: Business that provides products and services directly to consumers and where a majority of the goods sold are grown or produced on-premises, but not including a sawmill.
[Added 10-16-2017 by L.L. No. 2-2017]

AGRICULTURE, LIMITED: The production of crops, plants, vines and trees.

AGRICULTURE, UNLIMITED: The production of crops, plants, vines and trees or the keeping, grazing or feeding of livestock for animal products (including serums), animal increase or value increase; but not including the commercial feeding of garbage to swine or other animals, the commercial feeding of poultry broilers, or laboratory animals such as mice, rats, rabbits, etc.

AGRITOURISM BUSINESS: Agribusiness that conducts activities by and for the enjoyment or education of the public, which primarily promotes the sale, marketing, production, harvesting or use of the products of the farm to enhance the public's understanding and awareness of farming and farm life.
[Added 10-16-2017 by L.L. No. 2-2017]

APARTMENT HOUSE: A building arranged, intended or designed to be occupied by three or more families living independently of each other.

BEHIND THE METER: A generating system producing electrical power for use on a grid-connected property, but which system may or may not be capable of sending power back into the utility grid.
[Added 10-17-2011 by L.L. No. 4-2011]

BUILDING: Any structure having a roof supported by columns or by four independent non-party walls and intended for the shelter, housing or enclosure of persons, animals or chattel. The setback and yard requirements and other such aspects applicable to buildings under this chapter are also applicable to freestanding signs larger than eight square feet. In matters of setback and required yards and other such respects, freestanding signs larger than eight square feet shall be regarded as buildings within the meaning of this chapter.

BUILDING AREA: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings or permanently covered patios and porches, but exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.

BUILDING HEIGHT: The tallest point of the structure.
[Amended 3-27-1995 by L.L. No. 1-1995]

BUILDING LINE: A line formed by the intersection of a horizontal plane of average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

BUILDING SETBACK LINE: An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way.

BULK: The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines and includes the size, height and floor area of buildings or other structures; the relation of the number of dwelling units in a residential building to the area of the lot (usually called "density"); and all open areas in yard space relating to buildings and other structures.

BULKHEAD LINE: A line along a coast marking the limit to which wharves, docks, piers, jetties and similar structures may be built.

BULKHEAD: A retaining structure of timber, steel, reinforced concrete and similar material used for shore protection and harbor works.

CHURCH: Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.
[Added 10-2-2008 by L.L. No. 2-2008]

CLUB: An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership purposes of such club.

COMMERCIAL DISTRICTS: Those districts mentioned in the chapter where retail sales establishments are permitted by right. Also, those areas of planned unit development permitting retail sales established by right.

COMMUNICATION TOWER: Any structure designed to be used for the support of any device for transmitting and/or receiving signals for the purpose of communication, including but not limited to broadcast, shortwave, citizens band, AM radio, FM radio, television, microwave, cellular, digital or personal communication devices. Does not include "communication tower, private."
[Added 9-21-1998 by L.L. No. 5-1998; amended 10-16-2006 by L.L. No. 3-2006]

COMMUNICATION TOWER, PRIVATE: Any structure designed to be used for the support of any device used for ham, television, radio, telephone and similar transmitters and receivers used for private entertainment and not-for-profit voluntary applications.
[Added 10-16-2006 by L.L. No. 3-2006]

CUSTOMARY HOME OCCUPATION: Any use customarily conducted entirely within a dwelling and by the inhabitants thereof, which use is clearly accessory and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. There shall be no exterior storage of materials or exterior evidence of such secondary use other than a small nameplate no larger than three square feet. The conducting of a clinic, hospital, dress shops, millinery shops, restaurants, kennels, tea rooms, tourist home, animal hospital or similar use shall not be deemed to be a "customary home occupation." A customary home occupation shall emit no offensive noise, vibration, smoke, dust, odor, heat or glare. There should be sufficient off-street parking provided by the homeowner. Examples of customary home occupations include, but are not limited to, professional offices of doctors, dentists, lawyers, insurance agents, brokers and salespersons, real estate brokers and salespersons, veterinarians, engineers, architects, accountants, music or dance studios, artists' or photographers' studios, barbershops, beauty salons, dressmaking, tool and small appliance repairs and sales, sporting goods sales and repairs, printing and boardinghouses.

DWELLING UNIT: One or more rooms providing living facilities, including equipment and provision for cooking, for a single household including one or more persons living as a family and wherein not more than two people are sheltered and/or fed for profit.

EATING AND DRINKING ESTABLISHMENT: Places where food and/or beverages are prepared and/or sold for consumption on the premises or for take out, including restaurants, tea rooms, cafeterias, bars, taverns and lunchrooms.

ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by public utilities, municipal or other governmental agencies, of gas, electrical, steam, water, sewage and purveyors of communications systems and facilities serving customers in the Town of Busti outside of the Village of Lakewood, but not including communication towers or utility distribution facilities. Railroad trackage facilities and bus shelters are considered as essential services.
[Amended 9-21-1998 by L.L. No. 5-1998]

FALL ZONE: The area, defined as the farthest distance from the tower base, in which a wind turbine tower will collapse in the event of a structural failure. The radius of the area is the same as the total system height.
[Added 10-17-2011 by L.L. No. 4-2011]

FAMILY: One or more persons related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.

FLOOR AREA, TOTAL: The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two uses. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space.

GARAGES, PRIVATE: A secondary building used in conjunction with a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.

GARAGES, PUBLIC: Any garage other than a private garage, operated for gain, available on a rental basis for the storage of motor vehicles, but not involved with the supply of gasoline and oil.

GOVERNING BODY: The Town Board.

GREENBELT: An area or strip of land upon which no building, drive or other improvement is located and upon which is a natural or landscaped vegetative cover.

HIGHWAY ACCESS POINT: The distance between any vehicular entrance or exit to the street.

HOME ENTERPRISE OCCUPATION: A home enterprise occupation not falling within the scope of "customary home occupation," as defined in this chapter or by other relevant law, consisting of one of the following uses or uses similar to one of the following: antique and art shops; apparel shops; artists' and photographers' studios; offices for the sale of automobiles, boats, recreational vehicles, and other similar items, but excluding the physical presence of automobiles, boats, recreational vehicles, and similar items; public garages; barber and beauty shops; books and stationery stores; computers and business machine sales and service; bell jar ticket distributor; catering and sale of food items, but excluding the processing of food except where the same is not sold on the premises; catalog stores; coin and stamp shops; service providers for the elderly or disabled; cosmetic sales; florist shops; furniture reconditioning and repair shops, including reupholstering; hearing aid and eyeglass dispensing; hobby shops; jewelry and watch repair and sales; leather goods; garden supplies; repair services of household items; tailor and seamstress shops; locksmith; electricians; plumbers; carpenters; metalsmiths; sporting goods; craft shops; and other uses which the Board of Appeals finds are similar to those listed in this definition. A home enterprise occupation must be carried on in a dwelling unit of not more than one building of not more than 1,500 square feet located on the same lot as the dwelling unit, which lot shall have a minimum lot area of two acres and a minimum lot width of 250 feet; where a building which preexists this chapter is in excess of 1,500 square feet, the same may be utilized, provided not more than 1,500 feet are utilized in the home enterprise occupation. The home enterprise occupation must be carried on and owned by the person who occupies the dwelling unit. Not more than two employees, in addition to those occupying the dwelling unit, may be engaged in the home enterprise occupation. No business owned or carried on by a person other than the person living in the dwelling unit shall be considered a home enterprise occupation. The home enterprise occupation shall not change the residential character of the lot. No exterior storage of materials or vehicles or exterior evidence shall be allowed evidencing the existence of the home enterprise occupation other than a small nameplate no larger than three square feet. A home enterprise occupation shall emit no offensive noise, vibration, smoke, dust, odor, heat or glare. Sufficient parking shall be provided to ensure that no on-street parking is required. Barriers or screening, including the planting of trees, may be required by the Zoning Board of Appeals.
[Amended 5-7-2001 by L.L. No. 2-2001]

HOME OCCUPATION OF A RESTRICTED NATURE: One of the following uses: professional offices of doctors, dentists, lawyers, architects, accountants, engineers, real estate brokers or salespersons, insurance salespersons, bell jar ticket distributor, service providers for the elderly or disabled, computer sales and service, and artists' or photographers' studios. Such use must be clearly accessory and secondary to the use of the dwelling purposes and shall not change the character thereof. There shall be no exterior storage of materials or exterior evidence of such secondary use other than a small nameplate no larger that three square feet. A home occupation of a restricted nature shall emit no offensive noise, vibration, smoke, dust, odor, heat or glare, and sufficient off-street parking shall be provided.
[Amended 5-7-2001 by L.L. No. 2-2001]

HOSPITAL: Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, preventorium, clinic, rest home, nursing home, convalescent home, and any other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

HOSPITAL, ANIMALS: An establishment for the medical and/or surgical care of sick or injured animals.

INDUSTRIAL DISTRICT: Those districts mentioned in this chapter where industrial uses are permitted by right; also to include areas of a planned unit development permitting industrial uses and planned unit industrial developments (light and heavy).

JETTY: A pier or structure of stones, piles or the like, projecting into a body of water, to protect a harbor or deflect the current.

LIMITED RETAIL BUSINESS: A completely enclosed building which contains not exceeding 1,250 square feet in gross floor devoted to the sale of goods or articles to be sold directly to the consumer in small quantities, including, but not limited to such businesses as a farmer's market, antique shop, craft shop, artisan's shop, and other like uses. No limited retail businesses shall employ more than five people, including the owner, at any one time.
[Added 5-1-2017 by L.L. No. 1-2017]

LOT: A parcel of land occupied or designated to be occupied by one building and the accessory building or uses customarily incident to it, including such open spaces as are required by this chapter.

LOT AREA: An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres.

LOT CORNER: A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE: That percentage of the lot area which is devoted to building area. District regulations refer to the maximum percentage of the lot area devoted to building area.

LOT LINE: Any line dividing one lot from another.

LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to its depth at the building line.

MANUFACTURED HOME: A structure having a minimum of two sections, each of which may be transported to a building site separately though not having its own chassis, which is designed to be used as a dwelling, the components of which are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation or assembly and permanent installation on a building site, and which carries a Federal Department of Housing and Urban Development seal.
[Added 5-7-2001 by L.L. No. 2-2001]

MARINA: A dock or basin providing secure moorings for boats and yachts and often offering supply, repair and other facilities.

MOBILE HOME: A moveable or portable unit designed and constructed to be towed in one piece on its own chassis, comprised of frame and wheels, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, with plumbing, heating, air-conditioning and electrical systems contained therein, and which carries a Federal Department of Housing and Urban Development seal. Includes "house trailer" but not "motor home."
[Added 5-7-2001 by L.L. No. 2-2001]

MOBILE HOME PARK: A tract of land used or intended to be used for the parking of two or more mobile homes, together with the necessary improvements and facilities on the land.

MODULAR HOME: A structure having a minimum of two sections, each of which may be transported to a building site separately, with installation of the heating system and application of siding coming after the erection of the home, which is indistinguishable in appearance from a conventionally built home, and which carries a New York State Department of State seal.
[Added 5-7-2001 by L.L. No. 2-2001]

MOTOR HOME: Any piece of mobile equipment designed or constructed to be towed, transported by a motor vehicle, or self-propelled and intended to provide sleeping quarters or temporary shelter for seasonal travel or recreational purposes.

MOTOR VEHICLE SERVICE STATION: Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, or facilities used for the painting thereof by any means, body and fender work, or the dismantling or replacing of engines.

MUNICIPALITY: The Town of Busti.

NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of this chapter or any amendment thereto as to use for the district for which it is situated.[1]

OFF-GRID: A stand-alone generating system not connected to or in any way dependent on the utility grid.
[Added 10-17-2011 by L.L. No. 4-2011]

OFFICE: A place which is used to conduct a business or profession and is occupied by a physician, surgeon, dentist, lawyer or person providing similar services or in whose office the functions of consulting, recordkeeping and clerical work are performed.

OPEN SPACE: Common or public or private greens, parks or recreation areas, including playgrounds, woodland conservation areas, walkways, trails, stream crossing and drainage control areas, golf courses, swimming pools, tennis courts, ice skating rinks and other similar recreational uses, but which may not include any such uses or activities which produce noise, odor, glare, air pollution, fire hazards or other safety hazards, smoke, fumes or any use or activity which is operated for a profit, or other things detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.

PARKING SPACE: A required parking space shall be an area outside the street right-of-way line not less than 162 square feet nor less than 8 1/2 feet wide by 19 feet long, exclusive of access drives or aisles, ramps, columns, accessible from streets or alleys and to be used for the storage or parking of passenger automobiles or commercial vehicles under 1 1/2 tons' capacity. Aisles between parking spaces shall not be less than 12 feet in width when serving automobiles parked at a forty-degree angle in one direction nor less than 20 feet in width when serving automobiles parked perpendicular to the aisles and accommodating two-way traffic.

PERSON: Individual, partnership, corporation or association.

PLANNING BOARD: Unless otherwise designated, the Planning Board of the Town of Busti.

PUBLIC: Owned, operated or controlled by a governmental agency (federal, state or local), including a corporation created by law for the performance of certain specialized governmental functions, a public school district or service district.

QUARRY/GRAVEL PIT/SAND PIT: Lot or land or part thereof utilized for the purpose of extracting stone, sand, gravel or topsoil, and exclusive of the process of grading preparatory for the construction of a building for which an application for a building permit has been made.
[Added 5-7-2001 by L.L. No. 2-2001]

RECREATION UNIT: See "motor home."

RESIDENCE, SINGLE-FAMILY DETACHED: A detached building designed to contain one dwelling unit.

RESIDENCE, TWO-FAMILY: Either of the following:

RESIDENCE, MULTIFAMILY: A building used or designed for three or more dwelling units, including apartment houses, townhouses and condominiums.

RESIDENTIAL DISTRICTS: Those districts mentioned in this chapter where single-family detached, two-family and multifamily residences are permitted by right.

RESTAURANT: Any building, structure or facility in which food is prepared or processed for sale to the general public, and where tables, chairs and/or counters are provided for the consumption of prepared foods entirely within the walls of the principal structure; also, for purposes of this chapter, the term "restaurant" includes a food establishment which permits, encourages or otherwise allows the consumption of prepared food products on the site of the establishment outside the principal walls of the structure or in vehicles parked on the premises.

SAWMILL: A facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped, or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the owner or resident of that lot.
[Added 6-6-2016 by L.L. No. 1-2016]

SECTION: Unless otherwise noted, section and section numbers shall refer to this chapter.

SELF-STORAGE FACILITY: A building or group of buildings consisting of individual, self-contained units leased or owned for the storage of business and household goods.
[Added 10-15-2007 by L.L. No. 2-2007]

SEMIPUBLIC: Institutions for the aged and children, nurseries, nonprofit colleges, hospitals, libraries, cemeteries and institutions of a philanthropic nature. Also, open space.
[Amended 10-2-2008 by L.L. No. 2-2008]

SIGN: Any structure or part thereof, attached thereto, or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used for the purpose of bringing the subject thereof to the attention of the public. The word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like organization or the property thereof.

SIGN, ADVERTISING: A sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located. The words "advertising sign" include the word "billboard." Neither directional, warning or other signs posted by public officials in the course of their public duty shall be construed as advertising signs.

SIGN, AREA: The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected enclosed four-sided (straight sides) geometric shape which most closely outlines the said sign. Only one side of a sign shall be used in measuring area.

SIGN, BUSINESS: A sign for a permitted use conducted on the premises, which shall identify the written name and/or type of business and/or any trademark of an article for sale or rent on the premises or otherwise call attention to a use conducted on the premises.

SIGN, IDENTIFICATION: A sign for a permitted use conducted on the premises or for articles sold or distributed by that use, or displaying the name of the premises.

SIGN, INSTRUCTIONAL: A sign conveying instructions with respect to the use of the premises or a portion of the premises on which it is maintained or a use or practice being conducted on the premises.

SIGN, NAMEPLATE: Any sign attached directly to the wall of a building occupied by a person which identifies the name, occupation and/or address of the occupant. A nameplate shall not be over three square feet in size.

SIGN, TEMPORARY: A sign which offers premises for sale, rent or development; or announces special events; or calls attention to new construction or alteration.

SMALL WIND ENERGY SYSTEM: A wind-energy-conversion system (WECS) consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 300 kilowatts, and which is primarily but not exclusively intended to provide electrical power for use on site (either behind the meter or off-grid).
[Added 10-17-2011 by L.L. No. 4-2011]

SPECIAL USE PERMIT or SPECIAL PERMIT: A special use permit deals with special permission, granted only by the Board of Appeals, to occupy land for specific purposes when such use is not permitted by right.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.

STORY, HALF: A story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story.

STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including swimming pool.

THEATER, OUTDOOR OR DRIVE-IN: An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical products to patrons seated in automobiles or on outdoor seats.

TOTAL SYSTEM HEIGHT: The height from ground level to the tip of the rotor at its highest point.
[Added 10-17-2011 by L.L. No. 4-2011]

TOWNHOUSE: A dwelling unit designed to be occupied as a residence for one family and one of a group of three or more attached dwellings placed side by side, separated by party walls, each containing one or two stories, and each having separate front and rear or side and rear or front and side entrances from the outside.
[Amended 8-6-2012 by L.L. No. 3-2012]

TRACT: A large piece of land developed or to be developed as a single entity for two or more units of use.

TRAVEL TRAILER: See "motor home."

TRAVEL TRAILER PARK: A tract of land used for or intended to be used for the temporary parking of two or more motor homes, travel trailers or campers, together with necessary improvements and facilities on the land. The travel trailer park is intended for recreational and temporary occupancy only and is to be exclusive of mobile homes intended for permanent occupancy.

TURBINE: The parts of a wind system including the rotor, generator and tail.
[Added 10-17-2011 by L.L. No. 4-2011]

USE: Any purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

UTILITY DISTRIBUTION FACILITY: Ground level, below ground level, or above ground level transformers, compressors, stations, pumps or other facilities utilized in the transmission of electricity, natural gas, water or sewage.
[Added 9-21-1998 by L.L. No. 5-1998]

VARIANCE: Permissive waivers from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, so that the spirit of the chapter shall be observed and substantial justice done, and granted by the Board of Appeals.

VEHICLE SERVICE STATIONS: A public or private garage or other business where gasoline and oil are sold either at retail or wholesale.

WEDDING OR PRIVATE EVENT FACILITY: A location where events are held, including but not limited to weddings, parties, meetings, family reunions, and corporate events, in exchange for compensation, at locations including, but not limited to, tents, gazebos, barns, open areas, and residential structures. This shall include any previously existing structures so altered, updated, or renovated for the purposes of providing event space in exchange for compensation. This does not include restaurants with banquet facilities where wedding or private event facilities are accessory to the primary restaurant use.
[Added 9-17-2018 by L.L. No. 2-2018]

WIND TURBINE TOWER: The guyed or freestanding structure that supports a wind turbine generator.
[Added 10-17-2011 by L.L. No. 4-2011]

WIND TURBINE TOWER HEIGHT: The height above grade of the fixed portion of the wind turbine tower, excluding the wind turbine and rotor.
[Added 10-17-2011 by L.L. No. 4-2011]

YARD, FRONT: The area extending across the entire width of the lot between the building, line or front main wall of a building and the front property line (street or road right-of-way line) and into which space there shall be no extension of building parts in any district or parking spaces, including any enveloping wall, fence or hedge around the parking area in any nonindustrial or noncommercial districts.

YARD, REAR: The area extending across the entire width of the lot between the rear wall of the principal building and the rear line of the lot and unoccupied except for parking, loading and unloading space and garages or carports.

YARD, SIDE: The area extending from the front yard to the rear yard between the side wall of the principal building and the side line of the lot and unoccupied except for parking, loading and unloading space and garages or carports.

ZONING BOARD OF APPEALS or BOARD OF APPEALS: The Zoning Board of Appeals of the Town of Busti.

ZONING OFFICER: The Code Enforcement Officer of the Town. It shall be his or her duty to issue building permits for construction in complete conformity with the chapter; issue permits for construction with variances authorized by the Board of Appeals; issue permits for building construction and other permits authorized by the Town Board; inspect new buildings during construction and after completion to ensure conformity with the plans submitted, the building permit and the State Sanitary Code; report promptly to the Board of Appeals and to the Town Board any violation of this chapter; and to keep a complete and accurate record of permits issued and nonconforming uses in existence.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).