Town of Lansing - Definitions

4H/EDUCATIONAL HUSBANDRY

Opportunities for young people desiring agricultural experience available through participation in a recognized educational program.

ACCESSORY STRUCTURE

A structure incidental and subordinate to a principal building or use in terms of area and function on the same lot, and used for purposes that are customarily found in association with those of the principal use.

APPEAL

A formal request to the Zoning Board of Appeals for a review of the Code Enforcement Officer's interpretation of any provision of this chapter or a request for a variance.

APPLICANT

A property owner, an entity or individual holding an option or contract to purchase a property, or any other affiliate or operator authorized in writing to act for such persons, who submits an application under the provisions of this Code.

ARTERIAL STREETS AND HIGHWAYS

Those ways used primarily for fast or heavy traffic generally having a right-of-way width of 80 to 120 feet. An example is NYS Route 34 or 34-B.

BANQUET HALL/RECEPTION VENUE

A building or space to host small gatherings, special events, weddings, parties, retirement ceremonies, etc.

BASEMENT

That portion of a building that is partly or completely below grade. (See "story above grade.")

BATTERY ENERGY STORAGE SYSTEM

A rechargeable or other energy storage system consisting of electrochemical or other types of storage or cyclable batteries, battery chargers, controls, power conditioning systems and associated electrical equipment designed to provide electrical power to a building or other structure or facility.

BERM

An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

BOARD

The Planning Board, unless otherwise specified.

BOATHOUSE

A structure at the edge of a river or lake; used to store boats.

BUFFER

A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to physically separate and visually screen incompatible land uses from each other.

BUFFER STRIP

A strip of land, generally adjacent to a property line, upon which a screen of plantings dense enough and high enough to be a visual buffer between properties is installed and maintained by the landowner. (See "landscaping or landscaped.")

BUILDING

Any structure where space is covered or enclosed.

BUILDING AREA

The total area, as measured on a horizontal plane at the main grade level, of the principal building and all accessory buildings, but excluding uncovered porches, terraces, steps and paved areas.

BUILDING CODE

New York State Uniform Fire Protection and Building Code.

BUILDING HEIGHT

The vertical distance from finished grade to the highest point on a flat or mansard roof and to the average height of a pitched, gabled, hip or gambrel roof. On a hillside lot, finished grade should be considered as the average finished grade on the uphill side of the structure.

A. Such definition shall not apply to cellular and communications towers, which heights shall be computed per the Town's applicable Cellular Tower or Communications Tower Local Law(s). Nor shall such rule apply to fences, which shall be measured vertically from their point of connection at ground level.

B. Any building that has been issued a building permit, and building plans now under review in relation to any formal review under site planning, special permitting, zoning permits, subdivision, planned development, or a variance review shall have the option to proceed under the old rules or this new building height rule, but only if the final approval or permit is issued and substantial construction and improvements are placed in the ground on or before May 1, 2017, after which each such permit or project shall abide by this amended definition and its effects.

BUILDING LINE

The line established by law, beyond which a building shall not extend, except as specifically provided by law.

BUILDING, ACCESSORY

A building subordinate to the principal building on the same lot and used for purposes that are clearly related but incidental to those of the principal building.

BUILDING, ALTERATION OF

Any construction or renovation or addition to an existing structure, other than a repair or addition that requires a building or other permit. Also, a change in a mechanical system that involves an extension, addition, or change to the arrangement, type or purpose of the original installation that requires a building or other permit.

BUILDING, NONCONFORMING

A structure or building the size, use, dimension, or location of which was lawful prior to adoption or amendment of this chapter, but which fails by reason of such adoption or amendment to conform to the present requirements of the zoning district in which the said building is located. (See also "use, nonconforming.")

BUILDING, PRINCIPAL

A building, including covered porches, within which is conducted the principal use of the lot on which the building is situated. In a residential district, any dwelling shall be deemed the principal building for the lot on which it is situated.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

A combination of photovoltaic building components integrated into the building envelope system of any legally permitted building or structure, such as vertical facades, skylights, roofing materials and shading over windows.

CABANA

A shelter on a beach or at a swimming pool used as a bathhouse. Also, a small cabin or a hut.

CABIN or COTTAGE

A building designed for seasonal occupancy and not suitable for year-round living, whether or not such building is actually occupied seasonally or otherwise.

CELLAR

See "basement."

CHAPTER

These zoning and land use regulations of the Town as set forth in the Code.

CLUSTER DEVELOPMENT

The subdivision of an area into lots that are smaller than would normally be permitted in the district where such lots are located, but where the density of development is no greater than would be permitted in the district by conventional development, and where the residual land produced by the smaller lot size is preserved and used for common open or recreation space.

CODE

The local laws, ordinances, codes, and policy requirements of processes, rules, and procedures of the Town of Lansing.

COMMERCIAL OR BUSINESS ACTIVITY

An establishment or use that provides goods, merchandise, services or entertainment to the general public for gain.

COMMERCIAL RECREATION

A recreation facility operated as a business and open to the public for a fee; includes both indoor and outdoor facilities as listed in Schedule I.

COMMISSIONING

A systematic process that provides documented confirmation that a system functions according to the intended design criteria and complies with applicable code requirements.

COMMUNICATION TOWER

Any tower, pole, or other structure designed to be used for the commercial transmission or reception of television, radio, cellular telephone or data signals, microwave, or similar electronic impulses. For purposes of this chapter "communication tower" does not include amateur radio ("ham") installations.

COMMUNITY RESIDENCE, STATE REQUIRED

Any residential facility operated by the state or which is operated by a state-certified or licensed provider of services and which is designed to assist mentally disabled individuals in the transition from institutional to independent living in the community, to provide a long-term supervised residence for individuals whose mental disability is such that independent living is improbable, to provide temporary shelter for short periods of time in order to offer an alternative for admission to an institution, to provide a brief-stay substitute home to mentally disabled individuals, or to allow respite or vacation to such individuals' families or legal guardians. A community residence shall include, but not be limited to, halfway houses and hostels.

COMPREHENSIVE PLAN

A document showing past, present, and proposed future planning goals and land use and traffic circulation systems, including materials, written or graphic, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth, and development of the Town of Lansing, as is from time to time updated and amended.

CONDOMINIUM

A building or group of buildings, in which units are owned individually and the structure, common areas, and facilities are used or owned by all the unit owners on a proportional or undivided basis. This definition refers to a legal form of ownership or leasing and not a specific building style, and may refer to residential, commercial, or a mix of occupancies and uses.

CONGREGATE HOUSING

Living arrangements designed to integrate the shelter and service needs of persons in which residents have their own apartments, are generally served meals in a central dining room, and where continuous supervision of residents is not provided. However, services that help residents maintain their independence may be provided by on-site staff or by community providers. (See "retirement housing.") Includes all "congregate housing" facilities as also defined by and under the Building Code.

CONVENIENCE (MINI) MART

A small commercial activity that may offer for sale convenience goods, beverages, and sundries, including motor fuel.

CUSTOMARY HOUSEHOLD PET

A domesticated or tame animal that is customarily domiciled and cared for in a dwelling or accessory building, or is confined in an outdoor space on the same lot as a dwelling, which care or confinement shall not be provided for monetary gain or as a business. Includes only such animals as are legal to own per the laws of the State of New York, whether by permit or otherwise. All permits must be current, valid, and all permit conditions and related requirements must be continuously met and adhered to.

DAY-CARE FACILITY

As used in the New York Social Services Law, "day care" shall mean the care provided for three or more children or adults away from their own homes for less than 24 hours per day in a family home or day-care center that is operated for such purpose, for compensation or otherwise, for more than five hours per week. A permit or certificate, as appropriate, is issued by the New York State Department of Social Services to regulate this type of day care.

DECIDUOUS

A plant with foliage that is shed annually (e.g., maple).

DECOMMISSIONING

A systematic process for removing an abandoned battery energy storage system and/or solar energy facility and remediating the land.

DEER FENCING

A fence commonly used to protect gardens, vegetation and yards from deer and constructed so that at least 85% of its face is open when viewed from a position that is at a right angle to the fence. Notwithstanding the foregoing, chain-link fences shall not be considered deer fences.

DEPENDENT RELATIVE

A person who, for economic or medical reasons, is dependent on another person who is related by blood, marriage or adoption.

DEVELOPMENT

A man-made change to the natural condition of a site, including, but not limited to, the addition to, or erection of, one or more structures or buildings, grading, dredging, filling, excavating, paving, clearing or providing a means of ingress and egress to, from, or through said site; whether already improved or unimproved.

DEVELOPMENT

Any land use activity or project which requires a permit from the Planning and Code Enforcement Department or will result in changes to the physical condition, appearance or type of use, or intensity of use, of property.

(1) Development projects include but are not limited to:

(a) New construction, reconstruction, modification or expansion of existing structures or site improvements.

(b) Landfilling, excavation, grading, parking lot construction or any other disturbances to the natural or existing topography or vegetation of the site.
(c) Demolition of structures or site improvements.

(2) A project shall not be considered a development if it is one or a combination of the following:

(a) Replacement in kind only;
(b) Interior construction only; or
(c) Infrastructure maintenance only.

DIRECTOR

The Director of Planning for the Town of Lansing, New York, or his/her designee.

DRIVE-THRU

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

DWELLING

A building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied, for living purposes.

DWELLING UNIT

A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING, ACCESSORY

A dwelling in or adjacent to a structure which has a different primary use.

DWELLING, APARTMENT

That portion of a larger dwelling consisting of one or more rooms, and occupied by the members of a family, which group of rooms is separated from all other groups within the dwelling.

DWELLING, ECHO HOUSING (ELDER COTTAGE HOUSING OPPORTUNITY)

Self-contained, portable housing units that are designed for temporary use by one or two occupants and are placed in the rear or side yards of an existing one-family dwelling.

DWELLING, FACTORY MANUFACTURED

A dwelling that meets all applicable New York State building codes and is constructed by a method or system of construction whereby the basic structure or its components are wholly, or in a substantial part, manufactured in a remote facility and designed to be transported to a lot for assembly and permanent installation on a foundation. For purposes of this chapter, a "dwelling, mobile home," as defined below, is not a factory manufactured dwelling.

DWELLING, MOBILE HOME

A dwelling that complies with the definitions of a manufactured home as defined by regulations of New York State and the U.S. Department of Housing and Urban Development.

DWELLING, MULTIPLE FAMILY

A building or group of buildings on one lot containing three or more dwelling units.

DWELLING, TOWNHOUSE

A building containing two or more dwelling units, each of which has one or two sidewalls in common with sidewalls of abutting units and are party, or lot-line, walls. Also see "dwelling, multiple-family" for more than one building.

DWELLING, TWO-FAMILY

A detached building containing no more than two dwelling units. Also see "dwelling, multiple-family" for more than one building.

EVERGREEN

A plant with foliage that persists and remains green year-round (e.g., pine).

EXCAVATING BUSINESS

See "contractor's/landscaping yard."

FALL ZONE

The radius of an area below a wind energy conversion system tower equal to the tower height plus the height of the generator and the attached blades plus a safety factor to allow for a clear space below in case of tower failure, partial or full disintegration of the tower or generating system, or the dropping of debris (such as ice) from tower or generator. A fall zone of 120% of maximum facility height above ground level shall be presumed to be a fall zone with a sufficient safety factor, but each case may be viewed individually depending on location, the nature of the facility, materials science, and other factors relevant to such review.

FAMILY

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:

A. The group shares the entire dwelling unit.

B. The group lives and cooks together as a single housekeeping unit.

C. The group shares expenses for food, rent, utilities or other household expenses.

D. The group is permanent and stable, and not transient or temporary in nature.

E. Any other factor reasonably related to whether the group is the functional equivalent of a family.

FARM

A parcel of land that is used for the production of agricultural products, including the necessary structures and equipment for the operation thereof, that:

A. Complies with the regulations of the State Board of Real Property Tax Services; and

B. Meets the definition of an agricultural operation under the Agriculture and Markets Law.

FLOOD or FLOODING

A general and/or temporary condition of partial or complete inundation of normally dry areas from an overflow of a stream or other body of water caused by severe storms or unusual and rapid surface water runoff.

FLOOD, ONE-HUNDRED-YEAR

The highest level of flooding that, on average, is likely to occur every 100 years, including the floodplain maps of New York State and federal agencies that identify one-hundred-year floodplain areas and map the same.

FRONTAGE

See "lot, width."

GARAGE, PRIVATE

A carport or enclosed building for use by the inhabitants of a dwelling.

GARAGE, SERVICE AND REPAIR

An enclosed building for the indoor storage or repair of motor vehicles, including painting and the sale of parts and accessories. A junkyard or salvage yard is not to be construed as a garage.

GARBAGE

A. Discarded materials generated from the activities of a household, business, institution, or public or quasi-public facility, consisting of:

(1) Food wastes, including, but not limited to, kitchen and table scraps; decaying or spoiled vegetable, fruit and animal matter; and fallen fruit.

(2) Any other used or discarded waste materials such as paper, plastic, metal, rags, food wrappings and containers, sweepings, rubber, leather, cloth, clothing, waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, ashes, wood, and glass.

B. Garbage does not include properly prepared and stored recyclable materials, properly prepared and stored collectible yard waste, and properly stored and maintained composting materials, rubble, bulk items, industrial waste, hazardous materials, automobile or other motor vehicles tires, or any other material that a private hauler has specified will not be picked up at a property as part of the regular garbage and refuse collection system or services regulated by the State of New York and County of Tompkins, regardless of whether the hauler is public or private.

GASOLINE SERVICE STATION

See "motor vehicle service station."

GREENHOUSE

Any building or structure in which light, temperature and humidity can be controlled for the growing and protection of flowers and other plants.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system whose components are attached to a mounting system anchored to the ground (including by static weighting) and detached from any other structure.

HABITABLE AREA

A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

JUNK

Any scrap, wastepaper, rags, scrap metal, white goods, junked vehicles and boats or parts therefrom, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

JUNKYARD

A lot or building, or part thereof, used for the collecting, storage or sale of junk as defined above or similar discarded or waste material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not licensed and not in running condition, or for the sale or storage of parts thereof. Includes an auto salvage yard.

KEEPING OF CHICKENS

Any use involving hatching, feeding, caretaking or otherwise keeping chickens for the exclusive, noncommercial use of the owner or occupant of the premises on which such chickens are located and not kept as part of a farm.

LABORATORY

A building or group of buildings within which are located facilities for research, investigation, testing or experimentation, but not facilities for manufacturing or selling of products except as may be necessary for prototype development or as incidental to the main purpose of the laboratory.

LAND USE ACTIVITY

Any action that occurs on land or in a structure that affects the use or appearance of said land or structure or the intensity of use of said land or structure. Includes, but is not limited to, new structures, expansions of existing structures, new uses, changes in or expansion of existing uses, the deposits of more than 500 cubic yards of material, and excavations for the purpose of commercial extraction of soil, gravel or mineral deposits.

LANDSCAPING BUSINESS

See "contractor's/landscaping yard."

LANDSCAPING or LANDSCAPED

The use of lawns, trees, plants, or other natural or decorative features, usually with an intent to create a finished or stylized look for a yard or other area, including for buffering or decoration.

LARGE-SCALE BATTERY ENERGY STORAGE SYSTEM

Battery energy storage systems with an aggregate energy nameplate capacity greater than or equal to 280 kWh.

LIVING SPACE

Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.

LOT

Any parcel, plot, site, or tract of land separated from other parcels, plots, sites, or tracts by description, such as upon subdivision maps, assessment records, survey maps, or deed or land descriptions, for the purposes of demarking ownership, boundaries, or identifying land for sale, lease, or any separate use.

LOT AREA

The total area within the property lines of a lot, exclusive of streets, rights-of-way, and other public open space.

LOT COVERAGE

That percentage of a lot actually covered by the ground level area of a building excluding terraces, decks and porches that are not enclosed or covered by a roof.

LOT DEPTH

The ground-level distance from the road line of the lot to its opposite, or rear, line as measured along the approximate median between the two side lot lines.

LOT LINE

A line of record bounding a lot which divides one lot from another or from a public or private road or other public space.

LOT LINE, FRONT

The line of a lot corresponding with, or approximately parallel with and nearest to, the road on which the lot faces, as determined by the Town assessment roll. Notwithstanding the above, the front lot line of lake-shore property on Cayuga Lake shall be upon the shoreline of said property.

LOT, CORNER

A lot or parcel of land abutting on two or more roads at their intersection, or on two sections of the same road.

LOT, FLAG

A lot that meets, as a minimum, the area requirements of this chapter which is connected to a public road right-of-way by a strip of land at least 20 feet wide and containing a private access drive. (See illustration at the end of these definitions.) Generally called a "flag lot" as the shape is often like a flagpole with flag, with the main lot being the "flag" and the connection to a street or accessway being the "flagpole."

LOT, INTERIOR

A lot other than a corner lot.

LOT, NONCONFORMING

A lot of record, existing on the date of adoption or amendment of this chapter, which does not meet the minimum area or dimensional requirements of the zoning district in which such lot is located or for the land use which is proposed.

LOT, WIDTH

The horizontal distance between side lot lines, measured approximately parallel to the front lot line at a distance determined by the front yard setback requirement as set forth in Schedule II.

MANUFACTURING ESTABLISHMENT

An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.

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MOBILE HOME

A structure transportable in one or more sections that, in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length or, when erected on site, is 320 square feet (29.7 m2) minimum, and that was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term "mobile home" shall include a manufactured home and any structure that meets all the requirements of this definition, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the federal Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.

MOBILE HOME PARK

A parcel of land which is designed and improved in compliance with Lansing mobile home park regulations for the placement of three or more mobile homes for nontransient use.

MODIFICATION

Rearrangement of site layout or an exterior alteration to an existing structure (including any changes to a building facade, except replacement in kind).

MOTEL

A commercial facility designed to be used by transients for overnight or short-stay habitation, where access to individual rooms is by a common corridor or outside entrance and where off-street parking facilitates baggage handling by guests.

MOTOR VEHICLE SERVICE STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuels, and oil and other lubricating substances, and which may include the sale of motor vehicle accessories, the provision of NYS inspection services, and facilities for washing, lubricating or otherwise servicing motor vehicles, but not including the painting thereof, body and fender work, or the dismantling, repair, or replacing of engines, vehicle frames, or interiors.

NAMEPLATE CAPACITY

The maximum rated output of the electric power production of the solar photovoltaic system or wind energy conversion system in alternating current (AC).

NONCONFORMING LOT OR USE

See "lot, nonconforming" or "use, nonconforming."

NON-PARTICIPATING RESIDENCE OR OCCUPIED BUILDING

Any residence or building or structure expected or intended for human occupation or use, including as a workplace, where the owner of such residence, building, or structure has not agreed in writing with the owner or operator of an alternative energy facility to allow certain uses to be sited adjacent to or in proximity to such non-participating structure, such as a lease, license, or easement allowing a tower fall zone to overlay their residence, building, or structure, or granting access to wind, light or air, or waiving any noise, setback, or zoning requirements.

NON-TOWER-BASED WIND ENERGY CONVERSION SYSTEM

A wind energy conversion system that is not based upon or located upon a tower, such as rooftop horizontal turbines, vertical flute or "candy cane" poles under 30 feet tall, or wind trees.

NURSERY SCHOOL

An activity designed to provide daytime care or instruction for five or more children from two to five years of age, which is operated on a regular basis.

NURSING OR CONVALESCENT HOME

Any licensed establishment where persons are lodged and furnished with meals and nursing and/or custodial care, for gain or as a not-for-profit operation.

OCCUPANCY, SEASONAL

Occupancy of a structure, building or space for a total or cumulative period that does not exceed six months in any calendar year.

OPEN OR OUTDOOR STORAGE

The holding of any material in such a way that the material is uncovered or exposed to the elements of nature.

ORNAMENTAL TREE

A deciduous tree planted primarily for its ornamental value or for screening purposes which tends to be smaller at maturity than a shade tree (e.g., crab apple).

PARKING SPACE

An area for the temporary storage and parking of motor vehicles and which has at least nine feet of width, 18 feet of length and seven feet of clear height, together with adequate provision for maneuvering and access thereto.

PARTICIPATING RESIDENCE OR OCCUPIED BUILDING

Any residence or building or structure expected or intended for human occupation or use, including as a workplace, where the owner of such residence, building, or structure has agreed in writing with the owner or operator of an alternative energy facility to allow certain uses to be sited adjacent to or in proximity, such as a lease, license, or easement allowing a tower fall zone to overlay their residence, building, or structure, or granting access to wind, light or air, or waiving any noise, setback, or zoning requirements.

PERFORMANCE GUARANTEE

A form of security approved by the Town that has the effect of providing assurance or a guarantee that all improvements will be made and constructed in accord with the requirements of this chapter, applicable codes and requirements, the requirements of the Town, and the terms and requirements of any approved site plan. A performance guarantee may include performance bonds, escrow agreements, letters of credit, cash, and other or similar collateral or surety agreements. No such performance guarantee shall be deemed acceptable or in compliance with the requirements of this chapter if the person posting the bond or other undertaking is a guarantor or surety to any underwriter of such bond or undertaking, or if such person provides for indemnity to any underwriter or issuer with respect to such bond or undertaking. Bonds shall comply with the requirements of Town Law § 274-a and shall be acceptable to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. A period of one year (or such other periods as the Director of Planning may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.

PLANNED DEVELOPMENT AREA

A parcel of at least five acres in area, in one ownership, designed as a single unit providing a street system and water and sewer facilities as necessary, and used primarily for residential purposes but may also be used for special commercial or industrial development or a combination of residential types and commercial or industrial development. (See § 270-32.)

PRACTICABLE

Capable of satisfying the overall project purposes, after taking into consideration cost, time, technology and logistics.

PROFESSIONAL OFFICE

The office of a member of a recognized profession (a vocation requiring specialized knowledge of some aspect of learning, science, or art) and maintained for the conduct of that profession.

PUBLIC SEWERS

A sewerage system owned and operated by a public agency, and providing for the collection and treatment of liquid wastes. For purposes of determining minimum lot size under this chapter, the Zoning Board of Appeals may, upon appeal, declare a privately owned sewerage system to be the equivalent of a public sewer if said private system is approved by the NYS Department of Environmental Conservation and the County Health Department.

RECONSTRUCTION

Construction of buildings or site plan improvements following total demolition of a previous development.

REPLACEMENT IN KIND

Replacement of materials (for maintenance purposes) which does not have an effect on the appearance of the existing building and site.

RETIREMENT HOUSING

Self-contained housing development designed for, and marketed to, elderly people, which may or may not provide minimal services.

RIGHT-OF-WAY

The total width of any land reserved or dedicated as a thoroughfare, alley, pedestrian or bicycle way, railway, waterway, or utility line.

ROAD, PRIVATE

A vehicular way used to provide access to two or more residences owned by unrelated parties and meeting the provisions of § 270-30 of this chapter.

ROAD, STREET OR HIGHWAY LINE

The line that is the common boundary line between the lot and a road, street or highway right-of-way.

ROOMING HOUSE

Dwelling or that part of a dwelling in which rooming units are offered for gain. A tourist home. Includes rooming houses, boardinghouses, and similar structures as defined in the Building Code.

ROOMING UNIT

A room or rooms, located in a dwelling, and used to provide private living and sleeping quarters but without cooking facilities available to, or being part of, the rooming unit.

SCHOOL

Any building or part thereof, designed, constructed and used for general education purposes under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or a corporation or entity meeting applicable educational or school requirements of the State of New York. In the event the school is part of a religious institution or relates to the exercise of practice of any religion, then and in such event the rights and privileges afforded religious institutions and persons as codified in federal law, and related regulations and state laws, by the Religious Land Use and Institutionalized Persons Act (and, if applicable, the Religious Freedom Restoration Act of 1993) shall be applied to any such proposed land use.

SCREEN

A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.

SEASONAL OCCUPANCY OR USE

A use or activity that is carried on for only part of the year, usually six months or less. If a structure is involved, such structure would lack one or more of the basic amenities or utilities required for all-year or all-weather occupancy.

SHADE TREE

Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy (e.g., Norway maple).

SHARED HOUSING

Up to six unrelated individuals occupying and sharing a one-family dwelling.

SHRUB

A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground. It may be deciduous or evergreen.

SITE IMPROVEMENT

Features including but not limited to planting, paving, retaining walls, drainage culverts and swales, fences and gates, lighting, site furniture, fountains, pools, bridges, dams, decks, boardwalks, pergolas, signs and any other accessory structures, devices, or landscape materials on the site.

SITE PLAN

A plan for the proposed development or use of a single parcel of land that is prepared and presented for site plan review pursuant to applicable provisions of § 270-27 of this chapter.

SMALL-SCALE BATTERY ENERGY STORAGE SYSTEM

Battery energy storage systems with an aggregate energy nameplate capacity less than 280 kWh.

SMALL-SCALE SOLAR ENERGY SYSTEM

A building-mounted solar energy system whose photovoltaic components occupy an area greater than 150 square feet on any code-compliant structure, or a ground-mounted solar energy system whose components cover a land area less than 10,000 square feet and whose energy output is primarily for on-site consumption. Small-scale solar energy systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility or placed on or delivered to the local or regional electrical grid.

SOLAR ENERGY FACILITY

Ground-mounted or freestanding (racking or ballasts) solar collection devices, solar energy system related equipment, and other associated infrastructure whose components cover a land area greater than 10,000 square feet. The primary intention of a solar energy facility is the generation of electricity or other conversion of solar energy to a different form of energy for commercial or off-site sale to a public utility, off-site users, or for placement on or delivery to the local or regional electrical grid.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

SOLAR PHOTOVOLTAIC SYSTEM or SOLAR ENERGY SYSTEM

An energy system that consists of one or more solar energy collection devices, solar-energy-related balance of system equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy.

SOLAR THERMAL SYSTEM

A solar energy system used to generate heated liquid from sunlight for transfer to potable water, a process liquid, or to a hydronic heating system using a collector and a transfer liquid, or an alternative solar energy system used to generate heated air from sunlight to heat spaces through passive convection or active fan-driven means using a collector. This includes so-called "passive" thermal systems using or creating heated water for swimming pools and residential uses.

SPECIAL CONDITIONS

Conditions and standards applicable to certain uses listed in Schedule I of this chapter, which conditions and standards must be complied with before a permit can be issued by the Code Enforcement Officer. (See Article VI.)

SPECIAL USE PERMIT

A permit from the appropriate Town agency, as specified in this chapter, authorizing certain uses listed in Schedule I, herein and subject to conditions to ensure that such uses will be in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met. Such special use permit shall be authorized in accordance with the provisions and standards set forth in Article VI of this chapter.

SPECIMEN TREE

A particularly impressive or unusual example of a species due to its size, shape, age, or any other trait that epitomizes the character of the species.

STABLE, PUBLIC

A facility in which horses are boarded or trained for a fee or are kept and made available for hire, sale, or other type of remunerative activity.

STORMWATER POLLLUTION PREVENTION PLAN (SWPPP)

A plan to identify and mitigate stormwater impacts as defined in Chapter 225: Stormwater Management.

STORY ABOVE GRADE

Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:

A. More than six feet (1,829 mm) above the grade plane.

B. More than six feet (1,829 mm) above the finished ground level for more than 50% of the total building perimeter.

C. More than 12 feet (3,658 mm) above the finished ground level at any point.

STRUCTURALLY ALTERED

Any change or alteration in the supporting structure of a building; any enlargement of a building or moving of a building from one location to another.

TEMPORARY USES
Uses that are established for a fixed period because they are generally not appropriate on a long-term or continuous basis.

TOURIST HOME

See "rooming house.

TOWER

A structure not intended for human habitation upon which wind energy conversion system equipment is designed to be located. It includes, without limit, freestanding towers, lattice towers, guyed towers, monopoles and other similar structures which may employ camouflage technology.

TRAVEL OR CAMPING TRAILER

A vehicle specifically designed to be driven or towed and used as a temporary dwelling for travel, recreation and vacation use.

TREE

A large, woody plant having one or several self-supporting stems or trunks and numerous branches. It may be classified as deciduous or evergreen.

USE

See "land use activity."

USE, ACCESSORY

A use that is incidental and subordinate to the principal use, located on the same lot therewith, and does not dominate in area, extent, use, or purpose the principal use of the said lot.

USE, NONCONFORMING

An established use of a building, structure, or land lawfully existing at the time of adoption or amendment of this chapter that does not conform with this chapter as so adopted or amended. (See also "lot, nonconforming" and "building, nonconforming.

VARIANCE

Written authority to deviate from any of the regulations of this chapter as granted by the Zoning Board of Appeals in accordance with applicable provisions of this chapter and New York State law.

VARIANCE, AREA

Authorization by the Zoning Board of Appeals to use land in a manner that would not otherwise be allowed due to dimensional or physical requirements and regulations set forth in Schedule II.

VARIANCE, USE

Authorization by the Zoning Board of Appeals for the use of land or a building for a purpose that is otherwise not permitted by Schedule I.

VEHICLE BODY SHOP

Any building or portion thereof used primarily for the repair or painting of motor vehicle bodies, frames, and interiors, whether or not such activity also includes motor service or repair or the sale of motor vehicle fuel and fluids.

WECS OPERATIONAL SOUND PRESSURE LEVEL

The level which is equaled or exceeded a stated percentage of time. An L10 classification means that a certain amount of dBA ("X" dBA), in any given hour of the day, can be equaled or exceeded only 10% of the time, or for six minutes. (Thus, for illustrative purposes, an L50 classification would mean that X dBA can be exceeded for no more than 30 minutes of any hour in any day.) The measurement of the sound pressure level shall be done according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11), or other accepted procedures. Unless otherwise described herein, WECS operational sound pressure level restrictions shall mean the cumulative existing ambient sound pressure level (as defined herein) plus the sound generated by the WECS.

WIND ENERGY CONVERSION SYSTEM (or "WECS")

A wind energy conversion system that sells its generated power, whether by wires, grid-connections, metering, or a battery energy storage system, to a third party, and such term includes the support tower, foundations and support cables, the nacelle and electric generator, gearing, and braking, the rotor, blades, tail and other associated components, the associated electric and electronic connections, panels, boxes, controls, inverters, switches, transformers, gates, vehicular paths, fencing, the fall zone around each tower, etc., whose power output is intended to be used on-site to offset on-site consumption of utility power and off-site, including through grid connections and the transmission or sale of energy to third parties.

WOODLANDS, EXISTING

Existing trees and shrubs of number, size and species that accomplish the same general function as new plantings.

YARD

An unoccupied space, open to the sky, on the same lot with a building or structure.

YARD LINE

A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard. See Schedule II.

YARD, FRONT

An open space extending across the entire width of a lot, between the building line and the front property line (street or road right-of-way line) and into which space there shall be no extension of building parts other than steps, open porches, eaves, cornices, and similar structures. For purposes of this chapter, a lot located on Cayuga Lake shall have the front yard facing the lake.

YARD, REAR

An open space extending across the entire width of the lot, between the rear line of the lot and a line parallel to said rear lot line, and at a distance therefrom as specified in Schedule IIEditor's Note: Schedule II is included as an attachment to this chapter. for the zoning district in which the lot is located.

YARD, SIDE

An open, unobstructed space on the same lot with a building between the building and the side line of the lot, and extending through from the front yard line to the rear yard line.

ZONING BOARD OF APPEALS (ZBA)

The official zoning board for the Town of Lansing established pursuant to § 267 of the Town Law. (See Article X of this chapter.)

ZONING PERMIT

An administrative permit issued by the Code Enforcement Officer or Building Inspector that permits certain uses or the construction and emplacement of certain improvements when the landowner or other applicant meets the requirements stated in relation to any such proposed use or structure.

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Town of Lansing, NY

Definitions