Town of Busti, NY Interpretations and Definitions

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

A secondary dwelling unit, either in, or added to, an existing single family dwelling, or in a separate accessory structure on the same lot, which meets the following conditions: No more than one unit shall be created per primary dwelling unit; the apartment shall be between 600 and 800 square feet in floor space with the resultant primary dwelling meeting all area requirements such as minimum floor space, sufficient off-street parking shall be provided; the secondary dwelling shall have independent living facilities for cooking, eating, sanitation and sleeping. Such an apartment is secondary and subordinate in use and area to the principal dwelling. A mobile home or manufactured home shall not be considered an accessory apartment.

ACCESSORY DWELLING UNIT

Dwellings intended for temporary occupancy and, including, but not limited to, a travel trailer/motor home, truck camper or tent occupied by persons other than those generally residing in the primary dwelling unit and located on the same parcel as the primary unit.

ACCESSORY STRUCTURE OR USE

An accessory structure or use is one which is subordinate to and serves a principal building or principal use; is subordinate in area, extent, or purpose to the principal building or principal use served; contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and is located on the same lot as the principal building or principal use served, and under the same ownership in all respects, but is not allowed to be located in a front yard.

ACTIVE AGRICULTURAL LAND

Land used for production for sale of crops, livestock or livestock products, a commercial horse boarding operation, land used in support of a farm, farm woodland, the production and sale of Christmas trees, or production of other crops such as orchards, apiary, and aquaculture.

ADAPTIVE REUSE

When an existing building is changed renovated or adapted from a prior use to a new use.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

ADULT ART FORM

That which stresses technical knowledge and proficiency, cunning, ingenuity and subtlety in devising, inventing or executing acts or displays which are characterized by the depicting of specified sexual activities, states of nudity or exposure of anatomical areas.

ADULT BOOK/VIDEO STORE

A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as "adult bookstore" or "adult video store," so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

ADULT CABARET

A nightclub, restaurant or similar commercial establishment which regularly features:

Persons who appear in a state of nudity;

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT DAY CARE

A facility providing care for the elderly and/or functionally impaired adults in a protective setting for part of a twenty-four-hour day.

ADULT MOTEL

A hotel, motel or similar commercial establishment, which:

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

Offers a sleeping room for rent for a period of time that is less than 10 hours; or

Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than 10 hours.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

AGRIBUSINESS

Business that provides products and services directly to consumers and where a majority of the goods sold are grown or produced on premises, but not including a sawmill.

AGRICULTURAL BUILDING

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation but used in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation, including, but not limited to, barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes.

AGRICULTURAL BUSINESS

An establishment that provides products or services to agricultural producers to support production, marketing, and distribution of their products, including, but not limited to, hide tanning operations, farm equipment repair, farm equipment sales, soil preparation services, crop services, veterinary and other animal services, farm labor and management services, and seed or fertilizer sales.

AGRICULTURAL DATA STATEMENT

A written statement required when certain land use determinations within 500 feet of a farm operation located in a NYS Agricultural District takes place. The statement must include information about the proposed project and is included in the application for project approval.

AGRICULTURAL DISTRICT

That portion of the Town of Busti that is included in the New York State Certified Agricultural District established as per State Agriculture and Markets Law § 25-aa.[1]

AGRICULTURAL PROCESSING

A facility no larger than 5,000 square feet where animals are killed and processed into meat foods, or a facility where plants and plant products are processed into canned, frozen, or fresh food products.

AGRICULTURE, LIMITED

The production of crops, plants, vines, and trees, provided no substantial odor or dust is produced within 100 feet of any building on adjacent property.

AGRICULTURE, UNLIMITED

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

AGRITOURISM BUSINESS

Agribusiness that conducts activities by and for the enjoyment or education of the public, which primarily promotes the sale, marketing, production, harvesting or use of the products of the farm to enhance the public's understanding and awareness of farming and farm life.

AIRPORT

Any land or water space frequently used for the landing and takeoff of any aircraft including helicopters. All airports must comply with federal and state regulations and be approved by the Commissioner of Transportation for New York State.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts, or in the exit facilities, or an enlargement, whether by extending on a side or increasing in height, or moving from one location or position to another, the term "alter" in its various modes and tenses and in its particular form, refers to the making of an alteration.

ANIMAL HOSPITAL

A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

ANTIQUE SHOP

A business premises used to display and offer for sale furniture, jewelry, utensils, books, memorabilia and clothing considered examples of the artistry or craftsmanship of other than the present era.

APARTMENT HOUSE

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

APPLICANT

The person(s), corporation, agency, or other legal entity seeking site plan approval, special use or building permits; certificates of occupancy; variances; subdivision approval; or zoning amendment.

ARTISAN SHOP

A building or portion thereof used for the creation of original handmade works of art or craft items by more than three but less than six artists or artisans, as either a principal or accessory use.

AUCTION HOUSE

A place where items are offered for sale to persons who bid on the object in competition with each other.

AVERAGE LOT SIZE

The average size of all lots to be subdivided from a parcel. Use of an average lot size instead of a minimum lot size in the Agriculture District allow for easier protection of open spaces. Parcels subdivided using an average lot size reduces individual lot areas and bulk requirements but the number of lots remains the same as permitted without lot averaging.

BAR/TAVERN

Premises used primarily for the sale or dispensing of alcoholic beverages by the drink for on-site consumption and where food is available for consumption on the premises as accessory to the principal use.

BASEMENT

A story partly below finished grade, but having at least 1/2 of its height measured from floor to ceiling, but not less than four feet, above average finished grade. A basement shall be counted as one story determining the height of a building in stories.

BED-AND-BREAKFAST

A dwelling in which overnight accommodations not exceeding five bedrooms and breakfast are provided for transient guests for compensation. A bed-and-breakfast must be the primary residence of the owner/proprietor.

BEHIND THE METER

A generating system producing electrical power for use on a grid-connected property, but which system may or may not be capable of sending power back into the utility grid.

BOARDINGHOUSE

Any single-family dwelling unit lived in by a family, or a building other than a hotel, where, for compensation, guest room lodging is provided with or without meals. The term boardinghouse shall include rooming house, lodging house, and other similar terms.

BREW PUB

An establishment which contains a full-service standard restaurant and alcoholic beverages. This establishment also contains a mini-brewery as an accessory use provided that sales of the mini-brewery products are less than 50% of total sales. This mini-brewery shall be for the brewing of handcrafted, natural beer intended for retail consumption on the premises and on any premises that has a license as a standard full-service restaurant owned and operated in its entirety by the same corporate ownership and management as the brew pub.

BREWERY, MICRO

A facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity of not more than 15,000 barrels per year. The development may include other uses such as a standard restaurant, bar, or live entertainment as otherwise permitted in the zoning district.

BUFFER

A strip of land, fence or border of trees, etc., between one use and another, which may or may not have trees and shrubs planted for screening purposes, designed to set apart one-use area from another. An appropriate buffer may vary depending on uses, districts, size, etc., and shall be determined by the permitting board.

BUILDING

Any structure having a roof supported by columns or by four independent, nonparty walls, and intended for the shelter, housing, or enclosure of persons, animals, or chattel. The term "building" shall include the term "structure" as well as receiving and transmitting commercial, radio, television, cellular and other utility communication towers, mobile homes, and modular homes.

BUILDING AREA

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

BUILDING FRONTAGE

The width of any one specific face of a building that fronts on a public street or parking area where customer access to the building is available.

BUILDING HEIGHT

The vertical distance measured from the average finished grade along the wall of the front of the building to the highest point of such building or structure.

BUILDING LINE

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

BUILDING PERMIT

See "zoning permit."

BUILDING SETBACK LINE

An established line within a property defining the minimum required distance between the face of any structure to be erected and the edge of the road of an adjacent highway.

BULK

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

BULKHEAD

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

BULKHEAD LINE

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

BUSINESS/INDUSTRY, LIMITED

A commercial venture which is the primary or major occupant of a structure and possesses the following characteristics: utilizes a maximum of 2,000 square feet of floor space, employs less than five employees, does not generate over 100 vehicles of business per twenty-four-hour period, does not have a substantial effect on the character of the neighborhood, and generates no nuisances (smoke, odor, noise, etc.).

BY RIGHT

Refers to uses requiring a permit but with no public hearing required.

CAMP

Any area of land and/or water on which is located a cabin, tent, travel trailer, motor home, or other type of shelter suitable and intended for use in a temporary or seasonal manner. For the purposes of this chapter, no minimum floor space shall be required for a camp structure.

CAMP, PRIVATE

A parcel of land on which a temporary travel trailer, tent, cabin, or other structure is present for use on a seasonal basis for leisure or recreation purposes. (See supplemental section.[2])

CAMPGROUND or RECREATION GROUND (COMMERCIAL)

An area or premises operated as a commercial enterprise, generally providing space for seasonal accommodations for transient occupancy or use by tourists occupying camping trailers, self-propelled campers, tents and/or lodges. With such accommodations are normally to be found facilities for picnicking, boating, fishing, swimming, outdoor games and other sports and activities, but not including miniature golf courses, golf ranges or any mechanical amusement device. A campground shall be designed for seasonal occupancy, as opposed to permanent year-round occupancy, and shall not be construed to mean a mobile home park as defined herein.

CAMPING TRAILER

A vehicular portable structure mounted on wheels constructed with collapsible, partial side walls of fabric, plastic or other pliable materials for folding compactly while being transported.

CAR REPAIR

A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles, their mechanical systems and their body structure, including painting.

CAR SALES

A building and/or area arranged, intended or designed to be used for the rental, lease, sale and/or resale of motor vehicles, new or used.

CAR WASH

Any commercial building or premises or portions thereof used for washing automobiles. This may include automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

CEMETERY, PET

A parcel of land, buildings, and/or structures used for the interring of animal remains.

CERTIFICATE OF OCCUPANCY OR USE

A document issued by the Building Inspector, Code Enforcement Officer, and/or Code Enforcement Officer allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all the applicable municipal codes and ordinances.

CHANGE OF USE

The change of use or occupancy of land, or buildings, structures, or other improvements on land, from either residential, commercial or industrial to one of the other uses, or change in the nature, substance or intensity of the same use including, but not limited to, changes in use which require the issuance of a Certification of Occupancy pursuant to the New York State Building and Fire Code.

CHURCH

Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.

CLUB

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

CLUSTER DEVELOPMENT

A development of five acres or more where a developer may elect, after board approval, to cluster or group his development in return for the permanent creation of common areas. Overall, the density of development remains approximately the same as required by the district area requirements.

CODE ENFORCEMENT OFFICER

The officer appointed to enforce the New York State and local building and fire codes and local zoning code. It shall be his or her duty to issue building permits for construction in complete conformity with the chapter; issue permits for construction with variances authorized by the Board of Appeals; issue permits for building construction and other permits authorized by the Planning Board or Town Board; inspect new buildings during construction and after completion to ensure conformity with the plans submitted, the building permit and the State Sanitary Code; report promptly to the Planning Board and to the Town Board any violation of this chapter; and to keep a complete and accurate record of permits issued and nonconforming uses in existence.

COFFEE KIOSK

A retail food business in a free-standing building that sells coffee, or other beverages, and remade bakery goods from a drive-through window to customers seated in their automobiles for consumption off the premises and that provides no indoor or outdoor seating.

COMMERCIAL USE

Any activity involving the sale of goods or provision of services carried out for profit; and other economic activities including wholesale trade; and any activity involving an office for conducting the affairs of a business, profession, service, industry or government.

COMMERCIAL VEHICLE

A vehicle of more than one ton capacity used for the transportation of persons or goods primarily for gain or a vehicle of any capacity carrying a permanent-affixed sign exceeding one square foot in area or lettering of a commercial nature.

COMMUNICATION TOWER

Any structure designed to be used for the support of any device for transmitting and/or receiving signals for the purpose of communication, including, but not limited to, broadcast, shortwave, citizens band, AM radio, FM radio, television, microwave, cellular, digital or personal communication devices. Does not include "communication tower, private."

COMMUNICATION TOWER, PRIVATE

Any structure designed to be used for the support of any device used for ham, television, radio, telephone and similar transmitters and receivers used for private entertainment and not-for-profit voluntary applications.

COMPATIBLE

A use of land or building(s) that, in terms of development intensity, building coverage, design, dimensions, occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely affect the quality of life of persons in surrounding or nearby buildings or lands.

CONDOMINIUM

Multiple housing units that are individually owned, but that share land and infrastructure. They can be in the form of a multifamily house, multi-unit apartment building or town houses. Ownership is shared along with attendant responsibilities for the provision, maintenance and/or repair of common internal facilities, utilities, services, exterior building surfaces, land, landscaping and other outdoor facilities.

CONTAMINATION

The degradation of the natural quality of water, air, soil, and other natural resources by human or other activities and events to the extent that their usefulness is impaired.

CONTRACTOR'S YARD

Any space whether inside or outside a building used for the storage or keeping of non-agricultural equipment, machinery, or vehicles, or part thereof, which are in active use by a construction contractor, landscaper, lawn mowing, tree service, logger and other similar activities.

CONVENIENCE STORE

A one-story retail store containing less than 4,000 square feet of gross floor area that is designed and stocked primarily to sell food, beverages and household supplies to customers who purchase only a relatively few items, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption. Such establishments may include the retail sale of gasoline, oil and other automotive fluids, although no repairs or servicing of vehicles is permitted.

CONVENTIONAL DWELLING UNIT

See "dwelling unit."

CONVERSION

A change in use or occupancy of a dwelling by alteration or by other reorganization as to increase the number of families or dwelling units in a structure.

COPY SHOP

A retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment, and may include the collating and binding of booklets and reports.

COVERAGE

That lot area or percentage of lot area covered by buildings or structures, including accessory buildings, structures, and surface areas covered by impervious surfaces such as parking lots and driveways.

CURB CUT

A defined opening to provide vehicular access from a public highway to a lot or property.

CUSTOMARY

Used as "commonly associated with."

CUT AND FILL

A portion of land surface or area from which earth has been removed or will be removed by excavation and then the earth is moved and deposited to fill in another location.

DAY-CARE FACILITY

A structure, together with its lot, operated on a regular basis for the purpose of providing care for children. Similar uses going under names such as day nurseries shall for the purpose of this chapter be considered to be day care centers. The following definitions are abbreviated from State Law and State Law shall apply where contradictions exist. Note: The following types of day care facilities with an asterisk (*) shall be subject to regulation under this chapter but only to the extent as to not be in conflict with Social Security Law and other state laws and regulations dealing with day care facilities.

SMALL DAY-CARE HOME A family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for one or two children for compensation. NYS Child and Family Services does not regulate such a use and there are no applicable state licenses or registration requirements.

FAMILY DAY-CARE HOMEA family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours per day per child for three to six children for compensation or otherwise, except as provided in Part 417. The name, description or form of the entity which operates a family day care home does not affect its status as a family day care home. See Part 417 of Social Security Law.

GROUP FAMILY DAY-CARE HOMEA family home which is a personal residence and occupied as family residence which provides child day care on a regular basis for more than three hours per day per child for seven to 12 children for compensation or otherwise, except as provided in Part 416. Such home must be operated by a provider and have at least one assistance present during the hours that care is provided. The name, description or form of the entity which operates a group family day care home does not affect its status as a group family day care home. See Part 416 of Social Security Law.

SMALL DAY-CARE CENTER A program or facility which is not a personal residence and in which child day care is provided to three through six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a group family day care home, a family day care home, or a school-age child care program. The name, description or form of the entity which operates a small day care center does not affect its status as a small day care center. See Part 418 of Social Security Law.

CHILD DAY-CARE CENTER A program or facility in which child day care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a group facility day care home, a family day care home, or a school-age childcare program. The name, description or form of the entity which operates a child day care center does not affect its status as a child day care center. See Part 418 of Social Security Law.

SCHOOL-AGE CHILD-CARE FACILITY A program or facility that provides care on a regular basis to seven or more school-age children under 13 years of age or who are incapable of caring for themselves where such children attend school or kindergarten at a public or private school whether such care is provided for compensation or otherwise. School-age childcare program provides care during the school year to an enrolled group of children before and/or after the period children enrolled in such program are ordinarily in school or during lunch periods and may also include such care during school lunch periods and may also include such care during school holidays and those periods of the year in which school is not in session, including summer vacation. Such programs must operate consistent with the local school calendar. The name, description or form of the entity which operates a school-age childcare program does not affect its status as a school-age child care program. See Part 414 of Social Security Law.

DAY-CARE FACILITY FOR ADULTS Facilities providing day care in a regular basis for adults for compensation.

DECIBEL (dB)

A unit for measuring the volume of a sound, as determined by a sound testing instrument.

DECK

An unroofed open structure projecting from an outside wall of a structure without any form of enclosure.

DENSITY

The number of residential structures allowed per acre. It is not the same as minimum lot size. Also the number of families, individuals, dwelling units, households, or housing structures per unit of land.

DESIGN/ARCHITECTURAL STANDARDS

Standards approved by the municipal board for use in guiding the design of new signs. A design review board, appointed by the municipal board, shall be responsible for the administration of the design/architectural standards.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation, or drilling operations.

DEVELOPMENT RIGHTS

The right of a landowner to develop property based on a community's zoning.

DISPOSAL

The abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing by any other means of any non-agricultural solid waste, petroleum, radioactive material, hazardous substance, hazardous waste, or aqueous carried waste into or onto land or a surface water body.

DOMESTIC ANIMAL

For the purposes of this chapter a domestic animal shall include dogs and cats only.

DRAINAGE

A system of swales, ditches, and culverts, catch-basins, and piping to convey storm-water runoff to retention areas and stabilized discharge points.

DRIVE-IN USE

An establishment which, by design, physical facilities, and services or by packaging procedures, encourages and permits customers to receive services and obtain goods while remaining in their motor vehicles.

DRIVEWAY

A private entrance drive privately owned and maintained, and not meant for use by the general public, which commonly leads to a single principal use.

DRY HYDRANT

A pipeline capable of transporting water on a year-round basis from a pond, lake, or other water source to a hydrant. The water is not under pressure and thus to be utilized for firefighting purposes must be properly engineered such that a pumper truck can successfully draw sufficient water volume from the hydrant.

DUMP

A lot or land used primarily for the disposal by abandonment, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DWELLING UNIT

One or more rooms providing living facilities, including equipment and provisions for cooking for a single household including one or more persons living as a family. Dwelling units shall be categorized by four construction types:

CONVENTIONALA permanent single or multiple-family dwelling unit which is built on-site using conventional "stick" construction techniques among others. Included in this category are precut homes which refers to a conventional dwelling unit built on-site utilizing wood framing members that are precut in a factory to the correct lengths but delivered to the building site unassembled. For the purpose of this chapter, a precut dwelling unit shall be considered to be the same as a conventional dwelling unit and shall not be considered to be a manufactured home.

MODULARA permanent single or multiple-family dwelling unit built in accordance with plans which have obtained an architectural stamp and seal under the NYS Building Code which is brought to the building site as two or more units on a transport trailer. Modular dwelling units have no support frames as found on mobile homes but instead are placed on a separate foundation. Modular dwelling units contain the same utility systems as conventional dwelling units. Modular dwelling units are not designed to be moved after they have been lifted onto a foundation. They are generally a minimum of 24 feet wide.

PREFABRICATEDA permanent single or multiple-family dwelling unit which is brought to the building site in large sections or panels usually eight feet high and up to 40 feet long. Often the doors and windows are factory insulated in the panels with the wall panels designed to be erected immediately after delivery. Prefabricated dwelling units are sometimes referred to as panelized units.

MOBILE HOMEA transportable, fully assembled single-family dwelling unit suitable for year-round occupancy built in accordance with HUD code for manufactured housing and having a HUD seal. Mobile dwelling units contain the same utility systems (water, waste, electricity) as found in conventional dwelling units. Mobile dwelling units are supported by a chassis which is an integral part of the unit. Mobile dwelling units are not designed to be lived in except when set up on a lot with proper utilities. This includes double wide mobile dwelling units, but does not include travel trailers which are self-contained. For the purpose of this chapter, mobile homes are listed separately as allowed uses as are conventional (stick built/precut) modular and prefabricated (panelized) dwelling units.

DWELLING, DUPLEX

A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from the ground to the roof.

DWELLING, SINGLE-FAMILY

A building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.

DWELLING, TRIPLEX

A building containing three dwelling units, each of which has direct access to the outside or a common hall.

EASEMENT

The right to use the land of another, obtained through the purchase or other acquisition of use rights from a landowner, for a special purpose consistent with the property's current use.

EATING AND DRINKING ESTABLISHMENT

Places where food and/or beverages are prepared and/or sold for consumption on the premises or for takeout, including restaurants, tea rooms, cafeterias, bars, taverns and lunchrooms.

ECHO (ELDER COTTAGE HOUSING OPPORTUNITY)

A temporary, small (apartment-sized), detached home for use by an older person which is temporarily sited on private property that contains the primary residence of a younger family member. An elder cottage utilizes the water, electric, and sewer systems of the primary home. It provides security for the older person, privacy for both the older person and the younger family and facilitates the care giving efforts of the younger family. An elder cottage shall not be a single-wide manufactured home or a permanent structure.

EDUCATIONAL/TRAINING FACILITY

A building or part thereof which is designed, constructed, or used for education, training, or instruction in any branch of knowledge or skill and includes, but is not limited to elementary, parochial, private, secondary or vocational schools.

EGRESS

Access from a property leading onto a public highway or private road.

ENCLOSED STORAGE YARD

The keeping, in a completely fenced in or area, or enclosed with a roof and four complete sides, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

ERECT/ERECTED

To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, including the painting of exterior wall signs and the use of any vehicle or other substitute for a sign.

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY

A person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities, municipal or other governmental agencies, of gas, electrical, steam, water, sewage and purveyors of communications systems and facilities serving customers in the Town of Busti outside of the Village of Lakewood, but not including communication towers or utility distribution facilities. Railroad trackage facilities and bus shelters are considered as essential services.

ESTABLISHMENT

Includes any of the following:

The opening or commencement of any sexually oriented business as a new business.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.

The addition of any sexually oriented business to any other existing sexually oriented business.

The relocation of any sexually oriented business.

FALL ZONE

The area, defined as the farthest distance from the tower base, in which a wind turbine tower will collapse in the event of a structural failure. The radius of the area is the same as the total system height.

FAMILY

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

FARM MARKET

A location, or structure larger than 400 square feet, where one or more farmers or vendors can sell agricultural produce to the public on a permanent basis, whether seasonal or year-round.

FARM OPERATION

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in Subdivision 13 of this Article 25-AA of the Agricultural Districts Law and "timber processing" as defined in Subdivision 14 of Article 25-AA. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

FARM STAND

A temporary use of a structure (either enclosed or open), a booth or a transportable vehicle, the purpose of which is the display and sale of produce and other farm products to the general public. Farm stands are located along a roadway in such a manner as to provide safe and convenient off-street parking even though front yard setbacks are not required to be met. All conditions specified in this chapter must be met; otherwise a full business use permit must be applied for.

FARM WORKER HOUSING

An accessory apartment or other dwelling used to house farm workers on a parcel of land used as an agricultural operation.

FENCE

Any artificially constructed barrier or vegetation barrier such as a hedge, with the purpose or intent of preventing passage of view, thus providing privacy.

FENCE, FARM

Any fence whether located on a farm or not which has as its primary purpose the control of non-domestic animals.

FIRE-RESISTANT

Any materials which possess the properties, construction or assembly qualities which under fire conditions prevents or retards the passage of excessive heat, gases or flames; and thus, is not easily ignited.

FLAMMABLE

Capable of igniting within five seconds when exposed to flame and continuing to burn.

FLOATING DISTRICT

Any zoning district for which district regulations are included in this chapter and yet for which no land has initially been designated on the Zoning Map to be included in said district. Such a district may become a reality through the amendment of the Zoning Map of the municipality in accordance with the amendment procedures of this chapter. The initiation of the creation of such a district may come from residents, the Planning Board, a developer or the Municipal Board, itself, while the decision whether to activate such a district shall be made based upon the need for such a district.

FLOOR AREA, TOTAL

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

FOOTPRINT

The amount of space, measured in square feet, taken up on the ground by a structure. A building footprint measurement does not include the square footage of multiple floors of a structure.

FORESTRY/SILVICULTURE

The harvesting of timber for commercial gain in quantities greater than 50 standard cords of wood or 50,000 board feet of timber as measured by the international log rule in any one year. Commercial timber harvesting does not include the cutting of wood by the owner of the property for the following uses, which are permitted by right:

Personal use;

The routine maintenance of roads, and rights-of-way;

The clearing of a home site for which a building permit has been obtained;

Christmas tree culture;

Clearing of approved subdivision roads;

Tree clearing for farm purposes within NYS Agricultural Districts established pursuant to New York State Agriculture and Markets Law.

FRONT OR FACE OF A BUILDING

The outer surface of a building which is visible from any private or public street, highway or driveway, including window display areas.

GARAGES, PRIVATE

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

GARAGES, PUBLIC

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

GARBAGE, RUBBISH OR TRASH REMOVAL

A service that picks up and transfers animal and vegetable waste, unwanted or discarded material and solid wastes from residences and businesses for delivery to a solid waste disposal facility.

GAS COMPRESSOR

Any mechanical equipment utilized to cause the movement of natural gas through a transmission line system.

GAS STATION

The retail sale of fuel and related oil products as well as minor service repairs and routine maintenance to include oil and tire changes.

GENERAL RETAIL BUSINESS

See "retail business."

GENERAL SERVICE BUSINESS

See "service business."

GENERAL WHOLESALE BUSINESS

See "wholesale business."

GLARE

The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual clarity and visibility.

GOLF COURSE, DRIVING RANGE, MINI GOLF

Premises having:

(1)

Not fewer than nine holes improved with tees, greens, fairways, and hazards for playing the game of golf;

(2)

Lanes within which golf balls can be hit (driving ranges); and

(3)

Recreational facilities containing small putting greens (miniature golf).

Accessory structures and buildings may be associated with these uses including a clubhouse, locker room, food stand, restaurant, banquet or conference rooms, except that overnight accommodations are not permitted.

GOVERNING BODY

The Town Board.

GRADING

The leveling of land for site development purposes including construction of roads, building construction, drainage areas and parking.

GRAVEL MINE

The excavation or extraction of earth, sand, gravel, stone, clay, loam, humus, top soil or other earth material from a lot and removal thereof from that lot without drilling or blasting; or any temporary storage of such materials by stock piling, if permitted; or any of the related land use activities engaged in during the above activities such as construction of buildings, barriers and other structures, clearing of property, removal or placement of trees, vegetation and earth material.

GREENBELT

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

GREENHOUSE, NURSERY, GARDEN SHOP

A structure where plants are cultivated and sold for retail or wholesale purposes.

GROUP HOME

A dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well.

GUEST HOUSE

An accessory structure that is habitable but that does not have a full kitchen and is clearly subordinate to the principal dwelling on the property.

HAMLET

A populated area within a town that is not part of an incorporated village. Characterized by densely situated homes and small businesses surrounded by area farms and open space.

HEAVY VEHICLES

Automobile wreckers, commercial trailers, semitrailers, or any non-recreational vehicle or truck with four or more wheels mounted on the rear axles.

HEIGHT

The vertical distance from the highest point on a structure (excepting chimneys and other items listed in Article V, section on "height") to the average ground level of the grade where the wall or other structural elements intersect the ground.

HIGHWAY ACCESS POINT

The distance between any vehicular entrance or exit to the street.

HOME BUSINESS

A business, profession, occupation or trade conducted for gain or support, other than a home occupation as defined herein, conducted within or on the same lot as an occupied single-family dwelling by the inhabitants thereof. The home business may involve the provision of services or the manufacture and/or sale of goods on the premise.

HOME FOR AGED

See "rest home."

HOME IMPROVEMENT CENTER

A facility of more than 30,000 square feet of gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, paint and glass, housewares and household appliances, garden supplies, and cutlery.

HOME OCCUPATION, MAJOR

A business, profession or craft conducted for gain or support and conducted entirely within a portion of a single-family dwelling or accessory structure to the dwelling, by one or more of the residents of the dwelling and up to two nonresident employees, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes; which does not change the character thereof; which is not classified as a "minor home occupation" under this chapter; and which meets all applicable requirements of these regulations for such use.

HOME OCCUPATION, MINOR

A business, profession or craft conducted for gain or support and conducted entirely within a portion of a single-family dwelling by one or more of the residents of the dwelling, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and which does not change the character thereof, and meets all applicable requirements of these regulations for such use.

HORSE BOARDING OPERATION

An agricultural activity that provides care, housing, health-related services and training to animals kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long- term lease from the farm owner for the horse that is boarded at the farm and used for such activities, are part of the farm operation. Horse shows for horses either boarded at or owned by the farm operation, which are not open to the general public, are also part of the farm operation. A riding academy is not considered to be an agricultural activity under the New York State AML. A riding academy generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.

HORTICULTURE, PRIVATE

The growing of fruits, vegetables, flowers, or ornamental plants for one's own pleasure and use; also referred to as a "private garden."

HOSPITAL

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

HOSPITAL, ANIMAL

An establishment for the medical and/or surgical care of sick or injured animals.

HOTEL/MOTEL

Commercial overnight sleeping accommodations, consisting of a building or group of buildings. Additional accessory services may be included such as restaurants, meeting rooms, entertainment and recreational facilities. Also, a building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.

HOUSEHOLD SALE

Household sale for the purpose of this chapter shall include lawn sales, patio sales, garage sales, basement sales, flea markets, bazaar, or other similar types of sales. A household sale shall be distinguished from a business in that it involves the infrequent sale of used merchandise which, for private sales, was NOT obtained from outside the household. Nonprofit or fraternal organizations on the other hand may obtain their sale items from donations received from members or other sources.

HOUSING, ELDERLY

Apartments containing eating, sleeping, and living space and designed with elderly fully independent residents in mind. Generally, these apartments contain smaller than normal floor space, require less parking and less active recreational area. Additionally, common eating areas are sometimes provided.

HUNTING CAMP

See "camp."

INDUSTRY, GENERAL

The manufacture, preparation, processing, milling, or repair of any article, substance or commodity, and which involves no dangerous or toxic product or emissions. Additionally, noise, odors, or other nuisances' incidental to productions and processing shall be limited to a level which does not affect the use or enjoyment of property outside of the Industrial District.

INDUSTRY, HEAVY

Any use or activity, which generates significant volumes of smoke, odors, noise, or polluting wastes and is not compatible with other uses in the Town of Busti. Examples of "heavy industry" which are intended to be included in this definition are: chemical manufacturing; exploration for natural gas; extraction of natural gas; natural gas processing facilities (as defined elsewhere in this chapter) and/or compressor stations; exploration for crude oil; extraction of crude oil; oil refineries; coal mining; coal processing; and steel manufacturing. It is expressly stated that the foregoing examples are not intended to be exhaustive and shall not be construed to limit the meaning, scope or application of this definition or to limit the application of this definition solely to the activities identified in the examples.

Generic examples of uses not intended to be included in the definition of "heavy industry" are: milk processing plants; dairy farms; office and communications uses; garment factories; woodworking and cabinet shops; automobile repair shops; wineries and breweries; warehouses; equipment repair and maintenance facilities; parking lots and parking garages; light manufacturing or light industrial facilities (as defined elsewhere in this chapter); agriculture; and surface gravel and sand mining. It is expressly stated that the foregoing examples are not intended to be exhaustive and shall not be construed to limit the meaning, scope or application of this definition or to limit the application of this definition solely to those activities identified in the examples.

INDUSTRY, LIGHT

A use in which a product is manufactured but the manufacturing process and facility have minimal impact on the property where the manufacturing takes place and almost none on adjacent properties, with qualities including:

No creation of noise, vibration, light, odor, dust, smoke, or other air pollution noticeable at or beyond the property line;

No change to the character of the surrounding neighborhood;

Adequate screening of outside storage of goods, materials, or equipment;

Signs limited in size;

No chemical, metal, or hazardous waste, or potential contamination of surface or groundwater;

Adherence to all applicable commercial design and other standards cited in this chapter.

INFILL DEVELOPMENT

The development of new houses or other uses on scattered vacant sites in a previously built-up area.

JETTY

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

JUNK VEHICLE

A motor vehicle (excluding farm vehicle) which is not intended for or in condition for legal use on public highways or which is in the process of being dismantled. See supplemental section[3] on junk vehicles for full definition.

JUNKYARD

See definitions of "scrap yards" and "vehicle dismantling yards."

KENNEL

Any premises on which five or more dogs over six months old are housed, groomed, boarded, trained, or sold for monetary gain.

KITCHEN FACILITY

Any structure or room that includes space dedicated to cooking including oven, stove, dishwasher, sink, cabinets, microwave oven, and refrigerator. Hotels or motels that provide only microwave ovens or small refrigerators in rooms are not considered to have kitchen facilities in the rooms.

LAND USE ACTIVITY

The occupation, use and/or maintenance of land or any building, structure or other improvement on land.

LANDOWNER

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

LARGE BOX RETAIL

A singular retail or wholesale user, who occupies no less than 75,000 square feet of gross floor area, typically requires high parking to building area ratios and has a regional sales market. Regional retail/wholesale clubs that emphasize bulk sales, discount stores, and department stores.

LARGE GROUP

Any gathering of 300 or more people, occurring on a nonregular basis and involving either the charging of a fee, request for a donation or sale of products or services.

LIGHTING DEVICE

Any light, string or group of lights located or arranged so as to cast illumination on or from a sign.

LOADING SPACE

Space logically and conveniently located exclusively for bulk pickups and deliveries at commercial structures.

LOT

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

LOT AREA

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

LOT COVERAGE

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

LOT LINE

Any line dividing one lot from another.

LOT WIDTH

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

LOT, CORNER

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

LOT, SIZE

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

MANUFACTURING

Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.

MARINA

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

MASSAGE ESTABLISHMENT

Any building, room, place, or establishment other than a regularly licensed and established hospital or dispensary where nonmedical or nonsurgical manipulative exercises or devices are practiced upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational and physical therapist, chiropractor, or osteopath with or without the use of therapeutic, electrical, mechanical, or bathing devices. Shall also include any bathing establishment.

MEGA FARM

A farm operation that involves a "concentrated animal feeding operation" (CAFO) as defined by the 1972 Clean Water Act as of the passage of this chapter.

MIXED USE

A single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

MOBILE HOME

See "dwelling unit."

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 DWELLING UNIT

See "dwelling unit."

MOTOR HOMES

A self-propelled, relatively small temporary living quarter generally used as mobile vacation homes. Motor homes generally have self-contained, independent utility systems.

MOTOR VEHICLE SERVICE STATION

Any area of land, including structures thereon, that is used for the sale or distribution of gasoline, natural gas, electricity, or any other energy source for motor vehicles and oil and other lubricating substances, including sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, or facilities used for the painting thereof by any means, body and fender work, or the dismantling or replacing of engines. This definition is not intended to include the distribution of an energy source at an owner-occupied residence or private gasoline distribution facility already in existence at the time of the adoption of this chapter.

MULTIPLE-USE BUSINESS

A building or buildings in one contiguous location under single ownership which has more than one distinct business (e.g., restaurant and a gift shop) as defined in the allowed uses.

MUNICIPALITY

The Town of Busti.

NONCONFORMING LOT

A lot of record which does not comply with the area, shape, frontage, or locational provisions of this chapter for the district in which it is located.

NONCONFORMING STRUCTURE

A structure which does not satisfy the dimensional requirements of this chapter for the district in which it is located, but which was not in violation of applicable requirements when constructed.

NONCONFORMING USE

Any use lawfully existing prior to and at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted by or does not conform with the permitted use provisions of this chapter for the district in which it is located. A pre-existing lawful use which is allowed only by special permit under this chapter shall be considered a conforming use. (See Article X.)

NUDE MODEL STUDIO

Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

NUDITY or STATE OF NUDITY

The appearance of a human bare buttocks, anus, male genitals, female genitals or full female breasts.

NUISANCE

A violation of this chapter caused by an offensive annoying, unpleasant, or obnoxious use of characteristics of said use which produces effects of such a nature or degree that they are detrimental to the health safety, general welfare, property values, etc., thus resulting in harm or injury to adjacent or nearby properties. Common examples include excessive odors, noise, smoke, vibration, light, runoff, traffic, development density, electronic interference, etc.

NURSERY (FOR CHILDREN)

See "day-care center."

NURSING HOME

Also referred to as a convalescent home, it includes buildings where, for a fee, non-ambulatory residents are provided full-time convalescent or chronic care by skilled nurses in addition to room and board. No care for the acutely ill is provided; and thus, clearly, hospitals and mental health centers are not to be considered as a nursing home.

OCCUPANT

Any person, organization, business, or other entity that occupies a defined space within a building.

OCCUPANT FRONTAGE

The width of the portion of building frontage allocated to an individual occupant having a public entrance within the building frontage.

OFF-GRID

A stand-alone generating system not connected to or in any way dependent on the utility grid.

OFFICE

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

OPEN SPACE

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

OUTLET MALL

Usually located in a rural or occasionally tourist locations, outlet centers consist mostly of manufacturers' outlet stores selling their own brands at a discount. These centers are typically not anchored. A strip configuration is most common, although some are enclosed malls, and others can be arranged in a "village cluster."

PANELIZED

See "dwelling unit, prefabricated."

PARKING LOT

An area not within a building where motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking. A parking lot shall consist of the entire surface of the parking lot, vehicular access to the parking lot, loading spaces, drive-through spaces and the exposed surfaces of parking decks; and shall include vehicle display lots, vehicle storage lots and commercial parking lots.

PARKING SPACE

A required off-street parking space. (See supplemental section.[4])

PARKING, COMMERCIAL OFF-STREET

An area, other than accessory off-street parking areas as required by the provisions of this chapter, where, for a charge or permit, motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking.

PARKING, OFF-STREET

Any space, whether or not required by the provisions of this chapter, specifically allotted to the parking of motor vehicles as an accessory use. For the purpose of this chapter, such space shall not be located in a dedicated right-of-way, a travel lane, a service drive, or any easement for public ingress or egress.

PERMITTEE and/or LICENSEE

A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

PERSON

Individual, partnership, corporation or association.

PLANNING BOARD

Unless otherwise designated, the Planning Board of the Town of Busti.

POND

A man-made body of water utilizing natural materials which is used for recreational purposes as well as for fire protection.

PORCH

A roofed open structure projecting from an outside wall of a structure without any form of enclosure. Screens used as insect barriers are permissible and shall not cause the porch to be considered to be an enclosure.

PORTABLE STORAGE UNIT

Portable storage units are transportable units designed and used primarily for temporary storage of building materials, household goods, equipment, personal items and other materials for use on a limited basis. The term shall include, but not be limited to trailers, shipping containers, portable-on-demand storage units and other similar containers.

PRECUT

See "dwelling unit, conventional."

PREEXISTING USE

Any use, either conforming or nonconforming with this chapter, that is legally existing at the enactment date of this chapter.

PREFABRICATED DWELLING UNIT

See "dwelling unit."

PRINCIPAL USE

The main use of land or buildings as distinguished from a subordinate or accessory use.

PROFESSIONAL

Any person with an advanced college degree who possesses a license to practice. This includes but is not limited to doctors, lawyers, CPAs, engineers, etc.

PUBLIC

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

QUARRY/GRAVEL PIT/SAND PIT

A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, topsoil or any other material which is commonly mined and exclusive of the process of grading a lot preparatory to the construction of a building for which application for building permit has been made. Quarry operations involving the extraction of less than 1,000 tons annually (approximately 2.6 average trucks per week) are not subject to review and permit by the NYS DEC and shall be referred to as "small" operations. "Large quarry operations" require a DEC permit.

QUASIPUBLIC

An organization which serves a governmental function but is not a governmental unit per se. A volunteer fire department is an example. Additionally, any use owned or operated by a nonprofit or religious organization providing educational, cultural, recreational, religious or similar types of programs.

RECREATION, COMMERCIAL

Recreational facilities operated as a business and open to the general public for a fee. Recreational facilities shall include, but not be limited to, golf courses, ice skating rinks, and swimming pools.

RECREATIONAL VEHICLE

Motorized or non-motorized vehicles which are generally designed for recreational uses and not basic transportation. Examples include: boats, snowmobiles, off-road motorcycles.

RESIDENCE, MULTIFAMILY

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

RESIDENCE, SINGLE-FAMILY DETACHED

A detached building designed to contain one dwelling unit.

RESIDENCE, TWO-FAMILY

Either of the following:

A building having two side yards and accommodating but two dwelling units, with one family living over the other.

A detached building containing two dwelling units separated by a party wall, each having one side yard.

RESIDENTIAL CONVERSIONS

The creation of one or more additional dwelling units within existing residential structure in accordance with conditions set forth in this chapter.

REST HOME

Commonly referred to as homes for the aged. These facilities provide private sleeping rooms for ambulatory (able to walk) residents. Generally, rest homes have common eating areas and provide minimal medical aid to residents. Only incidental convalescent care is provided which does not involve trained nurses, physical therapy or other activities provided in a hospital or nursing home.

RESTAURANT

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

RETAIL BUSINESS, GENERAL

For the purposes of this chapter, whenever a general retail business is listed as an allowed use, it shall signify that any retail business which is similar in nature; does not exceed 4,000 square feet; has a minimal negative impact; and can meet the conditions specified in this chapter shall be allowed in addition to the specific retail uses as being allowed.

RIDING ACADEMY

Any establishment where horses are kept for riding for compensation. Riding academies shall be situated on a minimum of 10 acres of land and only in districts where allowed. Additionally, horses can be boarded and groomed and instructions in riding, jumping and showing can be offered.

ROADSIDE STAND

See "farm stand."

SAWMILL

A facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped, or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the owner or resident of that lot.

SCRAP YARD

Any place of storage or deposit of more than 100 square feet, usually of a commercial nature, where metals, glass, rags, etc., are held, whether for the purpose of disposal, reclamation, recycling or resale of such, including establishments having facilities for processing iron, steel, and nonferrous scrap for melting purposes.

SECTION

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

SELF-STORAGE FACILITY

A building or group of buildings consisting of individual, self-contained units leased or owned for the storage of business and household goods.

SEMINUDE

A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

SEMIPUBLIC

Places of worship, institutions for the aged and children, nurseries, nonprofit colleges, hospitals, libraries, cemeteries, and institutions of the philanthropic nature; also, open space.

SERVICE BUSINESS, GENERAL

For the purpose of this chapter, whenever general service business is listed as an allowed use, it shall signify that any service business which is similar in nature; does not exceed 4,000 square feet; has a minimal negative impact; and can meet the conditions specified in this chapter shall be allowed, in addition to the specific service uses listed as being allowed.

SERVICE STATION/MINIMART

A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket.

SETBACK

Distance measured from the street edge to a structure, sign, etc. For private roads, the front yard setback shall also be the distance from the edge of the traveled portion of the road to the closest point on the structure.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

SHOOTING RANGE

The parcel(s) of land used for discharging of firearms with the intent to hit any object (moving or stationary) other than live game, by any person who pays a fee (e.g., membership fees, shooting fee, etc.) to use said facilities. Commercial shooting ranges include but are not limited to nonprofit clubs (skeet club, etc.); and profit motivated business. For the purpose of this chapter a shooting range shall be considered to be a trap/skeet or other type of range utilizing shot guns as well as an indoor (fully enclosed) range utilizing rifles or pistols not classified as shotguns.

SHOPPING CENTER

A group of commercial establishments occupying adjoining structures all of which may be deemed as one building and normally owned/managed as one unit. Off-street parking as well as loading/unloading facilities are provided as an integral part of the unit.

SIGN

Any material, including fabric or plastic, structure or part thereof or any device attached to a structure or painted or represented thereon, composed of or upon which is placed lettered, pictorial or other matter for visual communication, when used or located out-of-doors or on or near the exterior of any building for the display of any advertisement, notice, directional matter, information or name. A sign readable from two sides and with parallel faces is considered one sign.

SIGN

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

SIGN AREA

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

SIGN FACE

The square footage of the smallest standard geometric shape which will enclose all elements intended to be part of the sign, including, but not limited to, the sign area and the background related to the sign. Supporting structures are not part of the sign face unless internally lit or lit by their own specific external light source. If a sign is painted or applied without backing to the face of a building, the sign face also includes any additional form or design not integral to the building's architecture.

SIGN, ABANDONED

Any sign that advertises a business, product, service or activity that is no longer located on the premises where the sign is displayed, or at another location.

SIGN, ADVERTISING

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

SIGN, BILLBOARD

Any sign with a total area larger than that permitted by sign regulations of this chapter for the district in which the billboard either exists or is proposed to be located in.

SIGN, BUSINESS

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

SIGN, CONVENIENCE

Any sign not exceeding three square feet that conveys information to the general public, such as restroom identification signs, open/closed signs, hours of operation signs, parking/no-parking signs, handicapped parking and access signs, entrance signs, posted signs (no trespassing, hunting, fishing, trapping) and vacancy/no-vacancy signs.

SIGN, DIRECTIONAL

Any sign not exceeding four square feet or smaller if required that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic to the location of a local service.

SIGN, DIRECTORY

A sign containing a list of the names of occupants within a multiple-occupant complex.

SIGN, FASCIA

See "wall or fascia sign."

SIGN, FREESTANDING

Any sign principally supported by one or more columns, poles, or braces placed in or on the ground that is not attached to or part of a building, including a planter sign. A sign attached on a fence is considered a freestanding sign.

SIGN, IDENTIFICATION

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

SIGN, ILLUMINATED

Any sign lighted by electricity, gas or other artificial light, including reflective or phosphorescent light, paint or tape.

SIGN, INSTRUCTIONAL

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

SIGN, INTERIOR

A sign located within the exterior walls of a building which is readily readable from outside the building through a window, door or other opening.

SIGN, NAMEPLATE

Any sign attached directly to the wall of a building occupied by the person to whom such a sign indicated the name, occupation and/or address of the occupant. A nameplate shall be not over two square feet in size.

SIGN, OUTDOOR ADVERTISING

Any sign unrelated to activities conducted upon the premises where such sign is located.

SIGN, PLANTER

A sign which is attached to or directly associated with floral or other decorative plantings.

SIGN, PORTABLE

Any sign with a sign face not exceeding six square feet, displayed only during normal hours when an activity is conducted, that is designed and intended to be transported from place to place and is not permanently affixed to the ground or to a building.

SIGN, PREEXISTING NONCONFORMING

Any sign which exists at the effective date of this section or an amendment thereto, which was legally erected, and which does not conform to the regulations and restrictions imposed thereby.

SIGN, PROJECTING

Any sign other than a wall or fascia sign which extends more than nine inches from the exterior of any building and is attached to that building.

SIGN, PUBLIC

Those signs erected to direct flow, speed and direction of traffic, effect general public safety or name streets and buildings.

SIGN, RESIDENTIAL

A sign which only identifies by name the resident or residents or the address or box number, including mailboxes and directory signs at the entrance to private roads or lanes.

SIGN, ROOF

Any sign constructed on or supported by the roof of any building or structure.

SIGN, TEMPORARY

A sign which offers premises for sale, rent, or development; or announces special events or calls attention to new construction or alteration; or offers a sale of seasonal garden produce, garage, household, porch items or signs of similar nature; or political signs. Temporary status of signs will expire after six months.

SIGN, VEHICLE

A sign painted on or attached to a motor vehicle or other vehicle used or intended for use on a public highway.

SIGN, WALL OR FASCIA

A sign mounted flush with or projecting not more than nine inches from the face or front of a building.

SMALL WIND ENERGY SYSTEM

A wind-energy-conversion system (WECS) consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 300 kilowatts, and which is primarily but not exclusively intended to provide electrical power for use on site (either behind the meter or off-grid).

SOLAR STRUCTURE

Any structure containing either a passive or active heat storage device which is dependent on direct contact with the sun in order to operate. Said heat storage devices are commonly used to heat totally or partially water, rooms, etc.

SPECIAL USE PERMIT

A special use permit deals with special permission, granted only by the permitting board after public hearing to occupy land for specific purposes when such use is not permitted by right, but is listed as permitted by special use permit.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.

Masturbation, actual or simulated.

Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C of this definition.

STORAGE STRUCTURE

Any constructed combination of materials located or attached to the ground utilized for non-inhabited storage purposes. Used trucks and similar motor vehicles shall not be utilized as storage structures. For the purposes of this chapter, storage structures shall be less than 144 square feet with larger structures considered to be customary accessory uses.

STOREFRONT AREA

That area of the front of a building associated with the first floor only. For businesses located above a first floor, the storefront area shall be calculated based on the ground floor entrance only.

STORY

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

STORY, HALF

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

STREET EDGE

A curb or in the absence of a curb, the furthest outside point of a street or roadway which is designed and constructed to carry vehicles on a regular basis. A paved or unpaved shoulder of a road shall not be considered in determining the street edge.

STRUCTURE

A building constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Mobile homes are not considered to be structures for the purpose of this chapter. (A mobile home is considered to be a structure under the Flood Insurance Program.)

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS

The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on date of enactment.

SWIMMING POOL

Any man-made receptacle for water (excepting farm ponds) located above or below ground designed for capacity of over four feet in depth at any point and intended to be used for swimming.

TEMPORARY DWELLING UNIT (MOBILE)

Dwellings intended for temporary occupancy and including but not limited to: travel trailers, motor homes, truck campers, and tents. Persons residing in temporary dwelling units generally do not include those residing in the primary dwelling unit located on the parcel.

TEMPORARY USE

An activity conducted within a structure or on a tract of land for a specific limited period of time which may not otherwise be permitted by the provision of this chapter. For example, a building used in conjunction with new construction which would be removed upon completion of the work.

THEATER, MULTIPLEX

A multiplex, also known as a "cineplex," is a complex structure with multiple movie theaters in which each theater is capable of showing movies independent of the others in the complex. Structurally, theaters in a multiplex are grouped in a manner that allows them to share box or ticket offices, parking facilities, lobby area, restrooms, concession stands, signs and marquee displays, and other service and maintenance facilities. These structures first started appearing in shopping centers and malls, sometimes integrated with the layout of the mall. They typically have eight to 12 movie screens and about 2,500 seats spread among them with capacities ranging from 200 to 800 seats per theater.

THEATER, OUTDOOR OR DRIVE-IN

An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical products to patrons seated in automobiles or on outdoor seats.

TOTAL SYSTEM HEIGHT

The height from ground level to the tip of the rotor at its highest point.

TOWER

A structure generally fixed on the ground of a noncommercial or commercial nature, the purpose of which is to better enable the transmission or receiving of signals by achieving more height. For the purposes of this chapter, a tower shall generally be capable of being climbed without utilizing special equipment and shall be categorized as: a) commercial; b) noncommercial more than 50 feet high as measured from the ground; and c) noncommercial 50 feet or less in height. Standard TV-type antennas are not to be considered to be a tower.

TOWNHOUSE

A dwelling unit designed to be occupied as a residence for one family and one of a group of three or more attached dwellings placed side by side, separated by party walls, each containing one or two stories, and each having separate front and rear or side and rear or front and side entrances from the outside.

TRACT

A large piece of land under single ownership.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS

Includes any of the following:

The sale, lease or sublease of the business.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

TRASH

Man-made materials to include glass, scrap metals, salvaged metals, rags, refuse, garbage, wastepaper, salvaged machines, appliances, or similar materials, etc. Generally, trash can be described as any items that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.

TRAVEL TRAILER

A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use; with the manufacturer's permanent identification "travel trailer" thereon; and when factory equipped for the road, being of any length.

TURBINE

The parts of a wind system including the rotor, generator and tail.

USE

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

UTILITY DISTRIBUTION FACILITY

Ground-level, below-ground-level, or above-ground-level transformers, compressors, stations, pumps or other facilities utilized in the transmission of electricity, natural gas, water or sewage.

VARIANCE

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

VEHICLE DISMANTLING YARD

Any place or storage of deposit where two or more unregistered, old, or secondhand vehicles, no longer intended for or in condition for legal use on public highways are held, whether for resale of parts or materials, or used parts and waste materials, which, when taken together equal in bulk two or more vehicles, shall constitute a vehicle dismantling yard. This excludes farm vehicles.

VEHICLE REPAIR SHOP

A commercial business operated for profit which repairs or services motor vehicles.

VEHICLE SERVICE STATION

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

VIDEO RENTAL STORE

Establishment primarily engaged in the retail rental or lease of video tapes, films, CD-ROMs, laser discs, electronic games, cassettes, or other electronic media. Sales of film, video tapes, laser discs, CD-ROMs, and electronic merchandise associated with VCRs, video cameras, and electronic games are permitted accessory uses.

WEDDING OR PRIVATE EVENT FACILITY

A location where events are held, including, but not limited to, weddings, parties, meetings, family reunions, and corporate events, in exchange for compensation, at locations including, but not limited to tents, gazebos, barns, open areas, and residential structures. This shall include any previously existing structures so altered, updated, or renovated for the purposes of providing event space in exchange for compensation. This does not include restaurants with banquet facilities where wedding or private event facilities are accessory to the primary restaurant use.

WHOLESALE

A business establishment engaged in selling to retailers or jobbers rather than consumers in wholesale lots.

WHOLESALE BUSINESS, GENERAL

For the purpose of this chapter, whenever a general wholesale business is listed as an allowed use, it shall signify that any wholesale business which has a minimal negative impact and can meet the conditions specified in this chapter shall be allowed in addition to the specific wholesale uses listed as being allowed.

WHOLESALE, LIMITED

A wholesale business with a maximum of three employees, no more than 4,000 square feet of floor space and no outside storage.

WILDLIFE HABITAT

Land set aside for animal habitat.

WIND TURBINE TOWER

The guyed or freestanding structure that supports a wind turbine generator.

WIND TURBINE TOWER HEIGHT

The height above grade of the fixed portion of the wind turbine tower, excluding the wind turbine and rotor.

YARD, FRONT

The area extending across the entire width of the lot between the building, line or front main wall of a building and the front property line (street or road right-of-way line) and into which space there shall be no extension of building parts in any district or parking spaces, including any enveloping wall, fence or hedge around the parking area in any nonindustrial or noncommercial districts. For parcels adjacent to the lake, with a public or private roadway between the primary structure and the Lake, the front yard shall consist of the land area between the primary structure and the public or private roadway serving the property. Where no such roadway exists between the primary structure and the lake, the front yard shall consist of the land area between the ordinary lake shoreline and the primary structure.

YARD, REAR

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

YARD, SIDE

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

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Busti.

ZONING PERMIT

Written permission issued by the appropriate municipal board/officer authorizing the use of lots or structures. Zoning permits are issued for uses which are permitted by the Zoning Law where all conditions required by the Law can be met for the district where the lot/structure is located. The relocation, enlargement, alteration, or other change of use shall require the issuing of a zoning permit. The two types of permits include by right permit and special use permit.

[1]

Editor's Note: See New York State Agriculture and Markets Law, Article 25-AA, Agricultural Districts.

[2]

Editor's Note: See Art. V of this chapter.

[3]

Editor's Note: See Art. V of this chapter.

[4]

Editor's Note: See Art. V of this chapter.