City of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
This chapter shall be known and may be cited as the "City of Oneonta, New York, Zoning Ordinance."
The purpose of this chapter is to guide the future growth and development of the City of Oneonta in accordance with a comprehensive plan of land use and population distribution that represents and promotes beneficial and convenient relationships among residential, commercial, industrial and public areas within the City, considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living and future needs for various types of land development, and to achieve the purposes more particularly described as follows:
A. 
Development of this chapter was driven by several goals identified in the 2007 Comprehensive Plan with balance among several objectives:
(1) 
Encouraging residential, commercial, and industrial development consistent with small city character.
(2) 
Providing for diverse housing needs.
(3) 
Encouraging new business development.
(4) 
Ensuring that City structure and procedures facilitate achievement of planned goals.
B. 
To provide adequate light, air and privacy.
C. 
To prevent the overcrowding of land and undue concentration of population.
D. 
To provide the beneficial circulation of traffic throughout the City, having particular regard to the avoidance or lessening of congestion in the streets.
E. 
To secure safety from fire, flood and other dangers.
F. 
To protect and conserve the existing or planned character of all parts of the City and thereby aid in maintaining their stability and value and to encourage the orderly and beneficial development of all parts of the City.
G. 
To provide a guide for public policy and action that will facilitate economical provision of public facilities and services, and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the City.
H. 
To minimize conflicts among uses of land and buildings and to bring about the gradual conformity of uses of land and buildings throughout the City to the Comprehensive Plan herein set forth.
I. 
Pursuant to and in accordance with the provisions of § 20, Subdivision 24, of the General City Law, to regulate and limit the height, bulk and location of buildings hereafter erected, to regulate and determine the area of yards, courts and other open spaces, and to regulate the density of population in any given area, and for said purposes to divide the City into districts. Such regulations shall be and are intended to be uniform for each class of buildings throughout any district, but the regulations in one or more districts may differ from those in other districts. Such regulations shall be and are intended to be designed to secure safety from fire, flood and other dangers and to promote the public health and welfare, including, so far as conditions may permit, provision for adequate light, air and convenience of access. Such regulations shall be, and are intended to be, made with reasonable regard to the character of buildings erected in each district, the value of land and the use to which it may be put, to the end that such regulations may promote public health, safety and welfare and the most desirable use for which the land of each district may be adapted and may tend to conserve the value of buildings and enhance the value of land throughout the City.
J. 
Pursuant to and in accordance with the provisions of § 20, Subdivision 25, of the General City Law, to regulate and restrict the location of trades and industries and the location of buildings, designed for specified uses, and for said purposes to divide the City into districts and to prescribe for each such district the trades and industries that shall be excluded or subject to special regulation and the uses for which buildings may not be erected or altered. Such regulations shall be and are intended to be designed to promote the public health, safety and general welfare and shall be and are intended to be made with reasonable consideration, among other things, to the character of the district, its particular suitability for particular uses, the conservation of property values and the direction of building development, in accord with a well-considered plan.
For the purposes of this chapter, certain words and terms used herein are hereby defined as follows:
A. 
All words used in the present tense include the future tense.
B. 
All words in the singular number include the plural number and vice versa.
C. 
The word "person" includes corporations and all other legal entities.
D. 
The words "lot," "plot," "parcel," "tract of land" and "premises" shall include one another.
E. 
The word "premises" shall include the land and buildings thereon.
F. 
The word "building" shall include "structure" and vice versa.
G. 
"Occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied," unless the natural construction of the wording indicates otherwise.
H. 
The word "shall" is mandatory and not directory.
I. 
The word "City" means the City of Oneonta and, depending on the context, the geographic area.
J. 
The term "City Council" or "Council" means the Common Council of the City.
K. 
The term "City Clerk" means the City Clerk of the City.
L. 
The term "Board of Appeals" means the Zoning Board of Appeals of the City.
M. 
The term "Planning Commission" means the Planning Commission of said City.
N. 
The term "Enforcement Officer" means the Code Enforcement Officer of the City.
O. 
The term "City Plan" or "Comprehensive Plan" means the plan which may be adopted pursuant to § 35 of the General City Law.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ABANDON
To discontinue a use.
ADULT
Any person 18 years of age or older.
ADULT USE
A sexually explicit business which features live performances or graphic depictions, such as but not limited to print or film, of persons appearing in a state of nudity and/or engaging in sexual activities. See also Chapter 58, Adult Uses.
ALLEY
A narrow service street or passage between properties or buildings.
ALTER
To change, rearrange, enlarge or decrease the structural parts or size or the exit facilities of a structure or to move a building from one location or position to another.
ANIMAL HOSPITAL
A facility providing animal medical care, run by a licensed doctor of veterinary medicine (DVM). Animal hospitals allow overnight animal patients and may be boarding facilities as a secondary use.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include cellular, paging and personal communication services (PCS).
APARTMENT
A room or suite of two or more rooms designed or used solely as a residence in a building not used as a dormitory, hotel, rooming house or boardinghouse.
APARTMENT BUILDING
See "dwelling, multifamily."
APARTMENT COMPLEX
Two or more multifamily dwellings detached and grouped together on a single parcel, and including accessory uses.
ARCADE
A private frontage for retail use wherein the facade is a colonnade supporting habitable space that overlaps the sidewalk, while the facade at the sidewalk level remains at the frontage line.
AWNING
An ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the face of a structure and is constructed of durable materials, including but not limited to fabrics and/or plastics.
BAR
An establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption as permitted by the New York State Liquor Authority. The incidental sale or provision of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this Code. Synonyms include: tavern; saloon; barroom; pub; watering hole; drinking hole; gin mill; taproom.
BASEMENT
That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BED-AND-BREAKFAST
An owner-occupied residence which is rented to transient, paying customers, for a period of four or fewer continuous days, with no more than five guest rooms, each with a maximum occupancy of two persons per room, and without cooking facilities in guest-occupied rooms. All bed-and-breakfasts are subject to regulations found in § 300-33.
BERM
An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.
BOARDINGOUSE
See "rooming house."
BUFFER
A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other and/or to protect wildlife habitats, wetlands, stream corridors and other significant environmental features. Buffer areas are subject to the regulations found in § 300-52.
BUILDING
A structure, wholly or partially enclosed within exterior walls and a roof or within exterior and party walls and a roof.
BUILDING, ACCESSORY
A subordinate building, the use of which is incidental to that of the main building and located on the same parcel. Examples of such structures include sheds, residential garages, or greenhouses.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING FRONTAGE
The width of a building facing a street or public parking lot; in the case of a corner lot, both streets are considered frontage.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished grade adjoining the exterior walls of a building to the highest point of the roof for flat roofs, to the deck-line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING LINE
See "setback line."
BUILDING, MIXED-USE
Multistory building which includes both residential and commercial uses, integrated in a compatible fashion. A typical mixed-use structure would have retail, services or offices on the first floor and offices, residences, and/or studios on the upper floors.
BUILDING, NONCONFORMING
See "use, nonconforming."
BUILDING, OFFICE
A building that is divided into offices, either single or suites, for the transaction of business other than retail or manufacturing.
BUILDING PERMIT
A permit issued by the Code Enforcement Officer stating that the proposed use of a building, or of a lot, lots, or portions of a lot, conforms with the uses permitted and all other requirements under this chapter for the district in which it is located, and stating that all construction, relocation or extension of buildings are in compliance with the provisions of this chapter, § 1203.3(b) of the New York State Uniform Code, and with the New York State Fire and Building Code and other regulations.
BUILDING, PRINCIPAL
A building utilized for the primary use of the parcel. Principal buildings are subject to the regulations found in § 300-49.
BUILDING, PUBLIC
Any building or structure used for municipal, civic, ecclesiastical, recreational or other purposes not used for private enterprise.
BUILDING SITE
That portion of the lot upon which a building is to be placed or already exists, including adequate areas for sewage disposal, clearances, proper drainage, appropriate easements, and, if applicable, the requirements of other chapters of the Code of the City of Oneonta.
BULK AND USE REGULATIONS
The maximum size of a building and its location on a lot as defined by density and dimension standards viewed as appropriate for the specific zoning district. Bulk and use regulations are included in §§ 300-92 through 300-101 for each district established in the City of Oneonta.
CABARET
See "nightclub."
CANDLE POWER
The unit for measuring the maximum intensity of light energy emitted by a directional lamp.
CANOPY
See "awning."
CARE HOME
See "residential care facility."
CAR WASH FACILITY
A business with a tunnel and/or bay-type structure designed primarily for the washing and/or cleaning of motor vehicles, either on an assembly-line basis or utilizing manual labor.
CELLAR
A story partly underground and having 1/2 or more of its clear height below finished grade. A cellar shall not be counted as a story in determining the building height.
CELLULAR TOWER
See "telecommunications facility."
CEMETERY
Property used for the interring of the dead.
CERTIFICATE OF OCCUPANCY
A document issued by the Code Enforcement Officer signifying that a parcel of land is being used in a lawful manner with respect to the provisions of this chapter and in accordance with § 1203.3(c) of the New York State Uniform Code.
CERTIFICATE OF SUBSTANTIAL COMPLIANCE
A document issued by the Code Enforcement Officer signifying that a rental property is being used in a lawful manner with respect to all applicable codes.
CHURCH
See "place of worship."
CITY
The City of Oneonta, New York.
CITY ENGINEER
The duly appointed City Engineer or person duly acting as such.
CLUB, MEMBERSHIP
An organization catering to members and their guests for recreational, athletic or social purposes.
CLUB, PRIVATE
A nonprofit social organization whose premises are restricted to its members and their guests.
COLLEGE
An institution of higher education which may or may not be part of a larger university. Includes all accessory uses.
CO-LOCATION
See "telecommunications co-location."
COMPREHENSIVE PLAN
A plan approved by the Common Council, which indicates the general locations recommended for the various functional classes of public work, places and structures and for the general physical development of the City, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONDOMINIUM
A condominium, or condo, is the form of housing tenure and other real property where a specified part of a piece of real estate (usually of an apartment house) is individually owned while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior areas is executed under legal rights associated with the individual ownership and controlled by the association of owners that jointly represent ownership of the whole piece.
CONTRACTOR'S YARD
An enclosed parcel of land, structure(s) or a combination thereof used for the storage of machinery, equipment and nonhazardous materials required for construction.
CONVENIENCE STORE
Small commercial establishment specializing in the sale of self-service gasoline and articles such as food products, over-the-counter drugs, tobacco products, magazines, candy, beverages and similar convenience items.
CONVENTION CENTER
A large civic building or group of buildings designed for conventions, trade shows, and the like, having large unobstructed exhibit areas and often including conference rooms, hotel accommodations, restaurants, and other facilities.
COURT
An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
CUL-DE-SAC
See "dead-end street."
CULTURAL USE FACILITY OR MUSEUM
Any building, room or area with a minimum area of 400 square feet and designed or utilized primarily for the presentation to the general public of live theater, dance performances, musical concerts, cinema, lectures, exhibits of various art forms or exhibits of cultural, historic, academic or scientific material.
CURB LEVEL
The mean street grade established by municipal code or, in the absence of an established grade, the mean level of the existing curb or of the lot at the street line.
DAY-CARE CENTER
A place other than an occupied family residence, providing care for children during the day in keeping with the laws of the State of New York.
DEAD-END STREET
A street or portion of a street with only one vehicular traffic outlet.
DEED OR TRACT RESTRICTIONS
Legal language recorded in an instrument in the chain of title for a lot, which describes, specifically, limitations or restrictions on the use of the property.
DENSITY
The required land area for each dwelling unit (DU) within a given parcel of land, such as a minimum density of 2,000 square feet of land area for each dwelling unit.
DENSITY LIMIT RESTRICTIONS
A regulation used to determine the measure of the quantity of a particular use allowed at a particular location.
DEVELOPMENT
Any man-made change to improved or unimproved real estate.
DISCONTINUE or DISCONTINUANCE
To stop or change a use. The intent of the owner(s) to continue that use shall not be a factor in determining whether or not a use has discontinued.
DISTRIBUTION CENTER
A building or structure used primarily for the storage of goods which are intended for subsequent shipment to retail or other commercial outlets.
DORMITORY
A place of residence that is occupied and maintained for persons enrolled in a college, university or other educational institution and which is recognized and subject to ownership or leasehold interest controls by such educational institution.
DRIVE-IN FACILITY
See "drive-through facility."
DRIVE-THROUGH FACILITY
A use or portion of a use which encourages or permits customers to receive a service or obtain a product while staying in a motor vehicle on the premises. All drive-in facilities are subject to the regulations found in § 300-42.
DRIVEWAY
A private roadway giving access from a public roadway to a parcel.
DRY-CLEANING FACILITY
An establishment used to collect, distribute and process articles made of fabric through dry cleaning, pressing, dyeing or stain removal.
DRY-CLEANING OUTLET
An establishment used primarily to collect and distribute articles to a dry-cleaning facility.
DWELLING
A building or portion thereof used as a residence.
DWELLING, ATTACHED OR ROW
See "townhouse or townhome."
DWELLING, DETACHED
A dwelling having no party wall in common with another building.
DWELLING, MULTIFAMILY
A building or portion thereof containing three or more dwelling units designed or used for occupancy by three or more families living independently of each other. A lot or parcel containing such use may contain one or more buildings. Various commercial uses, including but not limited to salons, restaurants, dry cleaning, self-storage, or retail, that are accessory to this primary use, shall be permitted wherever the primary use is permitted. Such an accessory use must be located on the same property as the primary use.
DWELLING, SEMIDETACHED
A single-family dwelling separated by a party wall from only one adjacent dwelling unit.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family, including equipment for cooking, living and sleeping purposes and provisions for the same. See "dwelling."
DWELLING UNIT, ACCESSORY
An accessory use involving a separate and complete dwelling unit either in or added to an existing single-family dwelling, or a separate accessory building on the same lot as the principal dwelling, intended to provide supplementary housing and not to exceed 35% of the primary structure or occupancy of more than two persons. Accessory dwelling units are subject to the regulations found in § 300-41.
EASEMENT
The authorization by a property owner for a specified use of part of the property by another party.
EMPLOYEES or NUMBER OF EMPLOYEES
For the purpose of determining off-street parking requirements, the greatest number of persons to be employed during any one work period, day or night. Full-time employees include those persons who work full-time, as determined by the employer (generally 35 to 40 hours per week), and are entitled to benefits such as paid sick leave, vacation, and insurance coverage. Part-time employees are those persons scheduled to work less than full-time, as determined by the employer, and may receive some benefits. Temporary employees work either full- or part-time, but are generally hired for a specific project or finite period of time (i.e., peak season), and do not receive employer benefits.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
EXTERIOR ENTRANCE
A direct entrance from a public way to a habitable or tenantable space.
FAMILY
One of the following:
A. 
A single person.
B. 
Two or more people, related by blood, marriage, or legal adoption, occupying a single dwelling unit.
C. 
Two or three people, not necessarily related by blood, marriage or legal adoption, occupying a single dwelling unit.
D. 
Four or more people occupying a single dwelling unit and living together as a functional family unit.
FAMILY DAY-CARE HOME
An occupied family residence providing care for children during the day in keeping with the laws of the State of New York. Includes group family day-care homes.
A. 
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family. Such presumption can be rebutted by a determination by the Zoning Board of Appeals that said persons constitute a functional family.
B. 
Before making a determination whether a group of more than three unrelated persons constitutes a family for the purpose of occupying a dwelling unit, the Zoning Board of Appeals shall hold a public hearing, after public notice, as is normally required for the obtaining of a variance. The fee for such an application shall be the same as is required for an application for a variance. Said application shall be on a form provided by the Zoning Board of Appeals or the Code Enforcement office.
C. 
In determining whether or not a group of unrelated individuals is a functional family unit, as defined in this chapter, the following criteria must be present:
(1) 
The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit.
(2) 
The household must have stability with respect to the purpose of this chapter. Evidence of such stability may include the following:
(a) 
The presence of minor, dependent children regularly residing in the household.
(b) 
Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage and consumption of food.
(c) 
Whether, by the providing of documents and testimony, the different members of the household have the same address for the purposes of:
[1] 
Voter registration.
[2] 
Driver's license.
[3] 
Motor vehicle registration.
[4] 
Summer or other residences.
[5] 
Filing of taxes.
(d) 
Common ownership of furniture and appliances among the members of the household.
(e) 
Enrollment of dependent children in local schools.
(f) 
Employment of householders in the local area.
(g) 
A showing that the household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units.
(h) 
Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.
D. 
The following presumptions, individually or together, may also be sufficient to find that tenants within a rental dwelling unit are renting as individuals and not as a functional family:
(1) 
If the lease or rental agreement to the premises makes each occupant jointly and severally liable for the performance of said lease;
(2) 
If the lease or rental agreement to the premises holds any parent or relative of the occupant as a guarantor of the lease;
(3) 
If the lease or rental agreement to the premises makes the rent payable in advance for a period of time consistent with the semester schedule of the local colleges or commencing in January or August of the year and terminating in May or December of the year.
E. 
The presumptions set forth above may be rebutted by sufficient evidence of the characteristics of the occupants as a traditional family.
FENCE
A structure bounding an area of land designed to either limit access to the area or to screen such area from view, or both. The term "fence" shall include tennis court enclosures, backstops, and similar structures. Fences, walls and other structural screening elements are subject to the regulations found in § 300-58.
FINAL PLAT
A drawing, in final form, containing all information or details required by law and by these regulations to be presented to the Planning Commission for approval and which, if approved, may be duly filed or recorded by the applicant in the office of the City Clerk.
FLAMMABLE LIQUIDS
As defined by the New York State Uniform Fire Prevention and Building Code.[1]
FLOOD BOUNDARY
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The Flood Boundary and Floodway Map delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD INSURANCE RATE MAP
An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary and Floodway Map and the water surface elevations of the base flood.
FLOOD, ONE-HUNDRED-YEAR
The flood elevation that has a one-percent chance of being equaled or exceeded each year (the one-hundred-year flood could occur more than once in a relatively short period of time).
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water; or abnormally high tidal water or rising lake waters resulting from severe storms, hurricanes or tidal waves.
FLOODPLAIN AREA HAVING SPECIAL FLOOD HAZARDS
That maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a one-percent chance of flooding each year).
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and land use and control measures.
FLOODPLAIN or FLOOD-PRONE AREA
A land area adjoining a river, stream, watercourse, ocean, bay or lake, which is likely to be flooded according to United States Geological Survey (USGS) data.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.
FLOOD PROTECTION ELEVATION
The one-hundred-year flood elevation.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.
FLOOR AREA
For determining off-street parking requirements, unless otherwise specifically indicated, the gross floor area contained within the exterior building walls, excepting parking space supplied within the building, and further excepting basement area used solely for storage or accessory purposes.
FRATERNITY, SORORITY, CHAPTER OR MEMBERSHIP ASSOCIATION HOUSE
A place of residence which is occupied and/or operated by a membership association or the members thereof, such as a fraternity, sorority or social organization, or any other association of persons, whether unincorporated or incorporated under the laws of the State of New York, which provides domestic, social or other facilities or services to the association as a whole or the members thereof. This term shall include the grounds, as well as buildings and appurtenances pertaining thereto, as well as any adjacent premises, if directly or indirectly under the control of such association or members thereof. This provision shall not apply to a building used solely as a place of residence, which is occupied and/or operated by a membership association having less than seven members and which provides services only to those members residing therein. All such residences are subject to the regulations found in § 300-34.
FRONTAGE
See "lot width."
FUNERAL HOME
A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, COMMERCIAL
A building or portion thereof designed or used for a business in which motor vehicles are on display, for sale or housed for repair or storage.
GARAGE, PRIVATE
A building accessory to a residential structure designed or used for the storage of motor vehicles and used in no manner as a commercial repair garage or gasoline sale station.
GARAGE SALE
The sale of personal property conducted in or near a residence. The term shall include garage sales, lawn sales, porch sales, patio sales, rummage sales or other similar sales which are advertised by a sign or other means for the public to attend. Garage sales are subject to the requirements of § 300-46.
GASOLINE SELF-SERVICE STATION
See "convenience store."
GOLF COURSE
A facility consisting of at least nine par-three holes, as distinguished from golf driving ranges and miniature golf courses.
GRADE, ESTABLISHED STREET
The permanently established elevation of the center-line of a street in front of the midpoint of the lot.
GRADE, FINISHED
The elevation of the completed surfaces of lawns, walks and roads adjoining a building wall at any point.
GREENHOUSE, COMMERCIAL
Any structure, as part of a commercial operation, used for the propagation and culture of plants.
GREENSPACE
Any nonimpervious vegetated surface.
HILLSIDE AREA
An area where the average slope of the land is 15% or greater.
HOME OCCUPATION
The use of a portion of a dwelling unit or an accessory building, by an occupant of the dwelling unit, which is clearly incidental, accessory and secondary to the residential use of the property. An occupant must be the principal practitioner of the home occupation. All home occupations are subject to the regulations found in § 300-31 and are regulated as either Class A or Class B home occupations. Family day-care homes are not subject to home occupation regulations.
HOMELESS SHELTER
An establishment primarily engaged in providing temporary or transitional residential care, room, board, supervision, information and/or referrals to homeless persons voluntarily seeking such service.
HOMEOWNERS' ASSOCIATION
An organization of residential property owners who contractually agree to provide, reserve and maintain commonly owned facilities and/or open space in a development in accordance with New York State law.
HOSPITAL
An institution providing medical or surgical treatment such as emergency medical, diagnostic, and laboratory services on an inpatient and outpatient basis.
HOTEL
A building, or any part thereof, which contains 15 or more living and sleeping accommodations for paid transient occupancy, with common exterior entrance or entrances, and which may or may not include dining facilities. The term "hotel" shall not include "motel," "inn," "bed-and-breakfast," "boardinghouse" or similar accommodations.
HYDRONIC HEATER
See "outdoor furnace."
IMPERVIOUS SURFACE COVERAGE
The horizontal area of ground covered by a surface through which water cannot infiltrate, such as buildings, asphalt driveways, sidewalks, patios, or parking areas.
INN
A building, or any part thereof, which contains more than four and less than 15 living and sleeping accommodations for paid transient occupancy. The facility may have accessory uses such as a restaurant or a bar.
INSTITUTION, EDUCATIONAL
Any organization founded for the purposes of furthering education, including, but not limited to, colleges and universities.
JUNK
Discarded or scrap material or products.
JUNKYARD
A place for storing, buying or selling junk, excluding garbage dumps and sanitary fills.
KENNEL
All kennels are subject to the regulations found in § 300-38. The term "kennel" includes both of the following:
A. 
Any establishment for the boarding, training, or breeding of dogs or cats for which a fee is charged. Such establishments may include incidental grooming or sale of pet supplies.
B. 
Any lot smaller than one acre where four or more dogs or cats, not including dogs or cats under six months of age, are kept for any purpose. Owning and/or keeping four or more dogs or cats as described is regulated the same way as a commercial kennel, even if it is a personal activity and is not done for money.
LANDSCAPED AREA
That area of a site plan not consisting of structures or pavement. Landscaped area shall consist of those areas on a site plan that are planted, seeded or provide similar vegetative or landscaped cover, including water features.
LANDSCAPING
Materials, including without limitation grass, ground cover, shrubs, vines, hedges or trees and nonliving natural materials commonly used in outdoor design.
LAND SURVEYOR
A person licensed as a land surveyor by the State of New York.
LAUNDROMAT
See "laundry, self-service."
LAUNDRY, SELF-SERVICE
A business establishment providing clothes washers and dryers for hire to be used by customers on the premises and may also include washing and folding service for a fee.
LETTER OF CREDIT
A security which may be accepted as a guaranty of a requirement that certain improvements be made before the Code Enforcement Officer issues a certificate of occupancy, including escrow agreements and other similar collateral and surety agreements acceptable in form and amount to the City Attorney and City Engineer and approved by the Common Council.
LINER BUILDING
A building specifically designed to mask a parking lot or parking structure. These buildings are occupied and generally include commercial uses that activate the streetscape.
LODGING HOUSE
See "rooming house."
LOGO
Any picture, shape or drawing, with or without letters or words, used to identify a product, service, business or organization.
LOT
Land occupied or to be occupied by one principal building and any buildings accessory thereto or by a group of principal buildings, together with such open spaces as are required under the provisions of these regulations, having not less than the minimum area and width required by this chapter.
LOT, BUTT
A lot, the rear boundary of which abuts on the side lot line of an adjacent lot.
LOT, NONCONFORMING
Any lot which does not conform with the minimum area and/or dimensions required in the zone district where such a lot is situated.
LOT ALTERATION
Any change in the dimension or orientation of a lot line not resulting in or constituting subdivision or resubdivision as defined herein, where there is no increase in the number of lots.
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. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
LOT COVERAGE
The aggregate percentage of the lot area covered by buildings or structures.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.
LOT LINE
The established division line between different parcels of property.
LOT WIDTH
The width measured between side lot lines measured at the front lot line.
MACHINE SHOP
A building used for the purpose of fabricating metal parts for various applications. For the purposes of uses permitted by district, such a use shall be considered light manufacturing.
MACHINERY AND TRANSPORTATION EQUIPMENT, SALES, SERVICES AND REPAIR
A building or collection of buildings used for the purposes of selling, servicing and repairing machinery and transportation equipment. For the purposes of uses permitted by district, such a use shall be considered heavy manufacturing.
MANUFACTURED HOME
See "modular home."
MANUFACTURING, HEAVY
Any factory, shop, yard warehouse, mill or other nonresidential premises utilized in whole or in part for the processing, preparation, production, containerizing, and associated storage or distribution of goods, wares, commodities, parts, materials, electricity and the like. The processing, preparation and production activities customarily deal with man-made or raw materials and other manufactured items which are altered, restored or improved by the utilization of biological, chemical or physical actions, tools, instruments, machines or other such similar natural, scientific or technological means. "Manufacturing" shall also include the handling of any waste products and materials. These uses are likely to generate significant levels of truck traffic, noise, pollution, vibration, dust, fumes, odors, radiation, radioactivity, poisons, pesticides, herbicides, or other hazardous materials, fire or explosion hazards, or other undesirable conditions, all of which are subject to the performance standards found in § 300-63. Manufacturing processes and treatments include but are not limited to operations such as mixing, crushing, cutting, grinding and polishing; casting, molding and stamping; alloying and refining; assaying, cleaning, coating and printing; and assembling and finishing.
MANUFACTURING, LIGHT
A facility which manufactures, designs, assembles, or processes a product for wholesale or retail from previously prepared materials, parts, or finished products. Such operations are characterized as lower in intensity, cleaner, and generally more compatible when located adjacent to commercial and residential areas than are heavy manufacturing. (See "manufacturing, heavy.") Light manufacturing operations have limited external effects of the manufacturing or assembly process, such as odors, vibrations, emissions, or other nuisance characteristics through prevention or mitigation devices and conduct of operations within the confines of buildings. Typical items for processing, fabricating, assembly, or disassembly under this use include but are not limited to apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments, computers, and electronic devices. Also includes machine shops. (See "machine shop.")
MASSING
The sense of bulk, size, and shape of a structure, usually perceived by reference to the surrounding space and nearby structures and natural features such as trees.
MAXIMUM PERMITTED OCCUPANCY
The maximum number of persons allowed in an assembly structure or portion thereof as determined by the City of Oneonta Code Enforcement office.
MIXED USE
The integration of residential and commercial uses vertically in the same building or horizontally in adjacent buildings.
MOBILE HOME
A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when erected on site, is 320 square feet minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle.
MOBILE HOME, DOUBLE-WIDE
A mobile home consisting of two sections, combined at the site, with a combined width of no less than 20 feet, while still retaining their individual chassis for possible future movement and complying with Part 1210 of Title 19 of New York State Codes, Rules and Regulations; excluding, however, travel trailers, motorized homes, recreational vehicles, pickup coaches and camping trailers. This definition does not include modular or manufactured homes as defined by this code.
MOBILE HOME PARK
A parcel of land where two or more mobile homes are parked or which is planned and improved for the placement of mobile homes by the public. Mobile home parks are subject to the regulations found in § 300-35.
MODULAR HOME
Any home constructed of pre-made parts and unit modules that are transported on a flatbed truck from the factory to the building site where they are permanently anchored onto a foundation. Modular homes are subject to the local building codes where they are constructed and to the regulations of whichever style of home they are designed to be, i.e., single-family home, multifamily home, etc.
MOSQUE
See "place of worship."
MOTEL
A building or group of buildings containing 15 or more living and sleeping accommodations for paid transient occupancy, each unit of which has a separate exterior entrance and parking space, and which is used principally by motor vehicle travelers. The term "motel" shall include "motor lodge," "motor inn," "tourist cabins" or similar accommodations.
MOTOR VEHICLE REPAIR
Engine repair, body work, frame straightening, painting, upholstering, steam cleaning, electrical work, tune-ups and all other vehicle repair services not specifically listed in the definition of motor vehicle service stations. Motor vehicle repair establishments are subject to the regulations found in § 300-37.
MOTOR VEHICLE SALES
Any building, land area or other premises used for the display or sale of new or used automobiles, motorcycles, trucks, trailers or boats, but not including any repair work conducted as an accessory use on such premises. Motor vehicle sales establishments are subject to the regulations found in § 300-37.
MOTOR VEHICLE SERVICE STATION
All motor vehicle service stations are subject to the regulations found in § 300-37.
A. 
Any building, land area or other premises, or portion thereof, used or intended to be used for any one or a combination of the following activities:
(1) 
Retail dispensing or sales of motor vehicle fuels, coolants or lubricants, including oil changing and chassis lubrication where substantial disassembly is not required.
(2) 
Hand- or machine-washing in a motor vehicle wash.
(3) 
Incidental repair or replacement of parts, such as windshield wiper blades, light bulbs, air filters, oil filters, batteries, belts, tires, fuses, lubrication of vehicles, and the like.
B. 
Motor vehicle wrecking, repair, parking or storing of motor vehicles for hire, and the operation of more than one towing vehicle, shall not be deemed permissible accessory uses of a motor vehicle service station.
MOTOR VEHICLE WASH
See "car wash facility."
MULTIBUILDING PLANNED DEVELOPMENT
Multifamily residential developments proposed to consist of more than one principal building on one parcel of land.
NEIGHBORHOOD
A residential development or mixed-use development where the primary use is residential housing.
NEIGHBORHOOD MARKET
Small retail establishment, specializing in the sale of articles such as food products, over-the-counter drugs, tobacco products, magazines, candy, beverages and similar convenience items.
NIGHTCLUB
Any room, space, or premises operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served subject to the regulatory authority of the New York State Liquor Authority, and where the provision of entertainment is the primary activity. Background music, provided in accord with Chapter 178, Noise, shall not be considered as a form of entertainment. Synonyms include: club; nightspot; disco; social establishment; cabaret; dinner theater. Nightclubs are subject to the regulations found in § 300-36.
NURSING HOME
See "residential care facility."
OPEN SPACE, AREAS OF
An area or areas of a lot, including required yards, which are:
A. 
Open and unobstructed from ground to sky; and
B. 
Landscaped, maintained or otherwise treated to create a setting appropriate for recreation or relaxation; and
C. 
Accessible and usable by the general public, business patrons or residents of all dwellings or stores it is intended or required to serve.
OPEN SPACE, COMMON
An area of land and/or water within a site designed and intended for the use or enjoyment of residents of a development. Common open space may contain such accessory improvements as are necessary and incidental to the use of the common open space by the residents of the development.
OUTPATIENT HEALTH CENTER
An establishment providing health care services such as physicians' offices, urgent care, laboratory facilities or minor surgery to ambulatory patients.
OUTDOOR FURNACE
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat and/or hot water for any interior space. Outdoor furnaces are subject to the regulations found in § 300-43.
OUTDOOR STORAGE
The outdoor accumulation of manufactured products, raw materials, debris, waste or the keeping of one or more pieces of moveable equipment. Outdoor storage shall not include the keeping of recreational goods, including, but not limited to, lawn chairs, canoes, or bicycles. Outdoor storage of materials are further subject to the regulations set forth in § 300-60.
OVERLAY ZONE
An additional layer of regulations related to specific environmental or historical constraints such as floodplain boundaries, historic landmarks, historic structures, or wetlands that supersede the restrictions of the underlying zoning district.
PAD
A building site prepared by artificial means, including grading, excavation or filling or any combination thereof.
PARABOLIC OR DISH-TYPE ANTENNA
Any concave, circular or dish-shaped device designed for receiving communication or television signals. Parabolic or dish-type antennas are subject to the regulations found in § 300-45.
PARKING AREA OR LOT
Any place, lot, parcel, or yard used in whole or in part for storing or parking motor vehicles under the provisions of this chapter.
PARKING FACILITY, OFF-STREET
Parking accommodations off the street that may consist of open-air parking lots, garages or other structures. They may be surface facilities or facilities above or under the ground; they may be separate or may be a part of a structure principally designed and used for another purpose. Off-street parking arrangements are subject to the regulations found in § 300-61.
PARKING GARAGE
A multistory commercial structure, unenclosed in whole or in part, publicly or privately operated, designed for parking motor vehicles.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity. In the case of parking requirements, the term "person" shall refer to an individual only.
PERSONAL STORAGE FACILITY
Any real property designed and used for the purpose of renting or leasing individual storage space to users who access the facility to store and remove personal property.
PLACE OF WORSHIP
A building and its accessory buildings where people regularly assemble for religious worship, maintained and controlled by a religious organization.
PLANNED UNIT DEVELOPMENT
A development in accordance with a single plan for compatible land uses, subject to the rules and regulations of § 300-15 of this chapter.
PLANNING COMMISSION
The Planning Commission of the City of Oneonta
PLAT
A map, drawing, or rendering of a subdivision.
PRELIMINARY LAYOUT
The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration.
PRELIMINARY PLAT OR PLAN
A drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in Article VIII of this chapter, submitted to the Planning Commission for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Commission of the layout of the proposed subdivision.
PROPERTY LINE
See "lot lines."
PUB
See "bar."
PUBLIC UTILITIES
Any facility or related equipment, including but not limited to all lines, pipes, transformers, poles, etc., performing an essential public service and subject to special governmental regulation. Nonessential components of public utility operations, such as general storage and maintenance facilities, are excluded from this definition.
PUBLIC WAY
All areas legally open to public use, such as public streets, sidewalks, roadways, highways, alleys, and parks, as well as the interior and areas surrounding public buildings.
RECREATIONAL AREA
A space designed and used for active and passive participatory athletic and general recreation activities.
RECREATIONAL VEHICLE
A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses and not for year-round living. Recreational vehicles are subject to the regulations found in § 300-56.
RECREATIONAL VEHICLE PARK
A parcel intended for transient recreational vehicle users who wish to occupy their vehicles. The maximum permitted stay at a recreational vehicle park is two weeks. The operators must provide utilities for convenience, safety, and sanitation.
RECREATION, INDOOR COMMERCIAL
Indoor business primarily devoted to the amusement of the general public such as theaters, bowling alleys, skating rinks, indoor amusement arcades and health clubs. Incidental food service may be included.
RECREATION, OUTDOOR COMMERCIAL
Outdoor business primarily devoted to the amusement of the general public such as tennis courts, driving ranges and miniature golf. Incidental food service may be included.
RESIDENTIAL CARE FACILITY
A building or portion thereof wherein lodging and custodial care are provided to three or more persons who are mentally or physically disabled, bedfast, chronically ill or convalescing, excluding hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury and/or providing surgical and obstetrical services or asylums for the insane. This term includes nursing homes, adult homes, assisted living facilities, long-term care facilities, homes for the mentally or physically disabled, convalescent homes for children, homes for prenatal care and the like. Various commercial uses, including but not limited to salons, restaurants, dry cleaning, self-storage, or retail, that are accessory to this primary use shall be permitted wherever the primary use is permitted. Such an accessory use must be located on the same property as the primary use.
RESTAURANT
An establishment primarily engaged in serving meals to guests for compensation and which has suitable kitchen facilities connected therewith. See "bar."
RESUBDIVISION
Revision of all or part of an existing filed plat.
RETAIL GOODS AND SERVICES FACILITY
Any building or structure in which one or more articles of merchandise, commerce or services are provided, including, but not limited to, department stores, banks, salons, insurance sales, clothing and accessory stores, grocery stores, pharmacies, and boutique/gift shops. Such uses, as permitted by the Bulk and Use Tables,[2] may include an individual business, a building with multiple businesses, or a parcel with multiple retail buildings.
ROOMING HOUSE
A building, other than a hotel, fraternity, sorority, dormitory, chapter house or membership association house, where lodging with or without meals for four or more roomers or boarders or guests is provided for compensation or where lodging is provided for four or more unrelated individuals within a single dwelling unit or where lodging is provided for three or more boarders, roomers or lodgers residing with a single family in a single dwelling unit. The term "rooming house" shall include "boardinghouse" and "lodging house," and shall not include accommodations used for short-term rentals. See "short-term rental."
SALVAGE YARD
See "junkyard."
SCHOOL
A public preschool, elementary school, middle school, or high school, or any private school having a curriculum equivalent to and substantially the same as any public school.
SCRAP METAL PROCESSING
The treatment or storage of fragments of metal discarded as waste in manufacturing operations, or machines, tools or equipment, or other metal parts.
SEATS
For the purpose of determining off-street parking requirements, the seating capacity of a particular room or a hall in a building, as determined by the specifications and plans, whether fixed or removable seating; in the event that individual seats are not provided, each 18 inches of benches, bleachers, pews or similar seating accommodations shall be considered as one seat for the purpose of this chapter.
SETBACK LINE
The distance from the street line to the part of the structure nearest the street, measured at right angles to the street line, not including cornices or open entrance hoods anchored to the building without posts, which do not project more than three feet from the building wall, nor retaining walls and fences, nor open entrance steps, nor open terraces not more than two feet in height above the finished grade and which do not project more than six feet from the building wall. Setback requirements, as listed in the Bulk and Use Tables,[3] apply to the location of buildings, not driveways, parking areas, or other landscaping treatments.
SETBACK, MINIMUM FRONT
The least required horizontal distance between the front lot line, or in instances where sidewalks are present or required, from the interior sidewalk edge, and the principal building measured at the shortest point.
SETBACK, REAR YARD
The least required horizontal distance between the rear lot line and the principal building measured at the closest point.
SETBACK, SIDE YARD
The least required horizontal distance between the side lot line and the principal building measured at the closest point.
SHOPPING CENTER
A grouping of retail goods and services businesses.
SHORT-TERM RENTAL
Occupancy of residential premises for a term of no more than two weeks, on two or more occasions during any six-month period, and not including so-called tourist camps or tourist cabins. short-term rentals are subject to regulations found in § 300-32.
SIDEWALK CAFE
A seasonal outdoor seating area on public property adjacent to and operated and maintained by a restaurant for serving patrons of the establishment. See Chapter 241.
SIGN
Any device, including those listed below, used to attract attention to an entity.
A. 
Any item used to attract attention for promotion.
B. 
A piece of cloth, plastic or similar pliable material attached at one or more points to a pole, staff or other support.
C. 
Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity, or for decorative purposes.
D. 
A portable sign with two or more steeply angled sides.
E. 
Any sign that is a part of or attached to a structural protective cover.
F. 
A sign listing the tenants or occupants of a building or group of buildings and that may indicate their locations.
G. 
A sign which directs attention to an activity which is conducted, other than incidentally, on the premises upon which such sign is located.
H. 
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign.
I. 
Any sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
J. 
See "wall sign."
K. 
A sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.
L. 
A sign which is an integral part of a building facade. The sign is painted directly on, carved in or otherwise permanently embedded in the facade.
M. 
See "freestanding sign."
N. 
Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.
O. 
A sign designed to give forth artificial light directly from a source of light within such a sign.
P. 
A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs.
Q. 
See "sign, portable."
R. 
A sign specifically used to identify a particular neighborhood, block or development.
S. 
Any sign which is installed perpendicular to the street upon which the building fronts. This definition shall include side-wall-mounted wall signs, perpendicular hanging building signs, freestanding signs and pole signs.
T. 
A sign listing the tenants or occupants of a commercial plaza and that may indicate their locations.
U. 
A sign that is mounted on a freestanding pole or other supports.
V. 
A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election or caucus.
W. 
A sign, whether on its own trailer, wheels or otherwise, designed to be mobile and not structurally attached to the ground, a building, a structure or another sign.
X. 
A sign that is mounted upon the roof of a building.
Y. 
See "A-frame sign."
Z. 
Letters on a sign with transparent background, such as lettering on a window.
AA. 
A sign designed or intended to identify a tenant, occupant or establishment.
BB. 
Signs displayed on licensed and registered motor vehicles which are used in conjunction with a business.
CC. 
A sign attached to and erected parallel to the face of a building and supported throughout its length by such building.
DD. 
A sign affixed on window material or located inside within four feet of the window, but not including graphics in connection with customary window displays of products.
EE. 
A window sign not permanently affixed that does not identify the tenant, occupant or establishment and is limited to a maximum use of 120 days.
SIGN AREA or SIGN SURFACE AREA
The entire area within a single continuous perimeter enclosing the extreme limits of graphic elements together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall be included.
SIGN, NONCONFORMING
Any lawfully preexisting sign that does not meet the requirements of this article.
SINGLE OWNERSHIP
Possession wherein the owner does not own adjoining vacant property.
SITE PLAN REVIEW
The process by which the City reviews site plans for development to ensure compliance with the Comprehensive Plan, Zoning Code and other land development regulations.
SPECIAL USE PERMIT
A permit provided by the Planning Commission for a use or uses that are not permitted by right in a district, but are listed as requiring a special use permit, subject to the requirements of § 300-29.
STACK or CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a fuel-fired heating device or structure, including that part of the structure extending above a roof.
STEEP SLOPE
See "hillside area."
STORY
That portion of a building between the surface of any floor and the surface of the next floor above, and any portion of a building used for human occupancy between the topmost floor and the roof. For purposes of height measurement, in determining the permissible number of stories, a basement or cellar shall not be counted.
STORY, HALF
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property, including traffic ways, between right-of-way lines.
STREET, COLLECTOR
A street that serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
STREET LINE
The established boundary lines of the right-of-way of a street, alley or public thoroughfare.
STREET, MAJOR
A street that serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.
STREET, MINOR
A street that serves or is designed to serve primary access to abutting properties.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH
The width of the right-of-way, measured at right angles to the center line of the street.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
STRUCTURE
Includes anything constructed or erected, the use of which demands a temporary or permanent location on the soil, or attached to something having a temporary or permanent location on the soil.
SUBDIVIDER
Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either personally or on behalf of ownership, lessees or building development, and shall include resubdivision.
SUBDIVISION
The division of any parcel of land in the City into two or more lots, plots, blocks or sites, with or without streets, and with or without structures thereon, for the purpose of sale to the public for residential use only. This also includes resubdivision of land previously divided or platted in lots, sites or parcels; provided, however, that the sale or exchange of parcels of land between adjacent property owners where such sale does not create additional lots or parcels of land shall not be considered a subdivision of land within the purview of this definition.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots or any sized subdivision requiring any new street or extension of municipal facilities.
SUBDIVISION, MINOR
Any subdivision which contains not more than four lots fronting on an existing street; does not include any new street or road; does not require the extension of municipal facilities; does not adversely affect adjacent properties; and is not in conflict with any provision of the Comprehensive Plan and Official Zoning Map of the City of Oneonta or these regulations.
SWIMMING POOL
A receptacle of water having a depth at any point of more than 24 inches and a surface area of greater than 100 square feet, designed or intended for recreational purposes and including all associated equipment. All swimming pools are subject to the regulations found in § 300-40.
SWIMMING POOL, PRIVATE
A swimming pool that is not open to the public.
SWIMMING POOL, PUBLIC
A publicly or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.
SYNAGOGUE
See "place of worship."
TAXI OPERATION
The use of a parcel of land or of a building or part thereof from which the business of a taxi or livery service is conducted.
TAVERN
See "bar."
TELECOMMUNICATIONS CAMOUFLAGING
The construction of facilities to house or support a telecommunications tower so that the tower blends readily with the landscape, neighborhood and adjacent architectural features. Examples of camouflaging are silo and barn, windmill and simulated tree.
TELECOMMUNICATIONS CARRIER
A provider of telecommunications service.
TELECOMMUNICATIONS CO-LOCATION
The use of a telecommunications tower by more than one carrier.
TELECOMMUNICATIONS FACILITY
A structure on which transmitting and/or receiving antennas are located for the transmission and/or reception of wireless telecommunications services as defined in the Telecommunications Act of 1996.[4] This includes but is not limited to freestanding towers, guyed towers, monopoles and similar structures. It is a structure intended for transmitting and/or receiving telecommunications but, for the purposes of this chapter, excluding those either for fire, police or other dispatch communications or exclusively for private radio and television reception and private citizens' bands, amateur radio and other similar communications. Telecommunications facilities are subject to the regulations found in § 300-44.
TELECOMMUNICATIONS FACILITY, ACCESSORY
As used in § 300-44, Telecommunications Facilities, a facility that serves the principal use and is subordinate in area, extent and purpose to the principal use. Examples of such facilities include base stations, transmission equipment and storage sheds.
TELECOMMUNICATIONS GUYED TOWER
Lattice tower supported by wire anchors onto which a telecommunications device is affixed.
TELECOMMUNICATIONS MONOPOLE
A single pole of variable cross section onto which telecommunications devices are affixed.
TELECOMMUNICATIONS TOWER
Freestanding lattice tower onto which a telecommunications device is affixed.
TELECOMMUTE
Performing job-related requirements using telecommunications to transmit data and textual messages to the central organizational office without being physically present.
TEMPORARY OUTSIDE SALES
Selling of retail items outdoors for a limited amount of time for events such as sidewalk sales, open markets, art displays, and festivals.
TENANT
An occupant who temporarily holds or occupies land, a building or other property owned by another.
TOWNHOUSE or TOWNHOME
A multifamily project of single-family dwelling units, which may consist of one or more buildings, attached or detached, wherein the real property title and ownership are vested in an owner having an undivided interest with others in the common usage areas and facilities which serve the project. Administration and maintenance of common usage areas and facilities must be provided. Although units may share party walls, each unit is situated on a different parcel of land. For the purposes of this chapter, a condominium shall be considered a townhouse or townhome.
TOWNHOUSE OR TOWNHOME, PARENT PARCEL
A lot which is subdivided into privately owned parcels to create a project of townhouse or townhome units, which may consist of one or more buildings, attached or detached.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)
A development pattern that caters to the pedestrian, requiring a walkable scale and a mix of residential and commercial uses similar to a traditional village or city.
TRAVEL TRAILER
See "recreational vehicle."
UNDEVELOPED PLATS
Those plats existing at the time of the enactment of this chapter that have been filed in the office of the County Clerk, where 20% or more of the lots within the plat are unimproved.
USE
The purpose for which a parcel or structure is intended.
USE, ACCESSORY
A use clearly incidental and subordinate to the principal use, whether located in a principal or accessory building, and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.
USE, INDUSTRIAL
A property whose principal use is to add value to material using manufacturing processes.
USE, NONCONFORMING
A use of a building or of land that does not conform to the use regulations of the district in which it is situated, but which use existed and was lawful up to the time of the adoption of this chapter. The term "nonconforming use" shall include uses previously permitted as a matter of right and subsequently not permitted or permitted only by special use permit.
USE, PRINCIPAL
The main use for which a building or lot is used or intended to be used.
USE, TEMPORARY
Any activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work. Temporary uses are subject to the regulations found in § 300-39.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
VENDOR
Any individual or group that offers goods or services for sale.
VETERINARY CLINIC
See "animal hospital."
WAREHOUSE
A building designed or used for the storage of merchandise, furniture or other commodities.
WHOLESALE
The buying or selling of goods, usually in bulk, for purchasers other than end users.
WINDOW AREA
The total area of any single windowpane or series of windowpanes separated by mullions.
YARD, FRONT
An open space unoccupied on the same lot with the main building, extending the full width of the lot and situated between the front line of the lot and the extreme front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the extreme front line of the building and front line of the lot. Covered porches shall be considered as part of the main building and shall not project into a required front yard, whether enclosed or unenclosed. The front yard depth or front setback requirement for corner lots shall be applied to both frontages.
YARD, REAR
An open space on the same lot with a main building, unoccupied except as hereinafter otherwise permitted, extending the full width of the lot and situated between the rear line of the lot and the extreme rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the center line of the alley if there is an alley, and the rear line of the building.
YARD, SIDE
An open space unoccupied and unobstructed by buildings or structures from the ground to the sky except for landscaping, fencing, walls, driveways or parking located on the same lot with a main building situated between the side line of the building and an integral projection therefrom the adjacent side line of the lot line of the rear yard.
ZONE
Districts for which the regulations governing the use of and occupation of property are the same.
ZONING BOARD OF APPEALS
The officially established Zoning Board of Appeals of the City of Oneonta.
ZONING DISTRICT
The classification of lands as established in this chapter and by the Zoning Map.
[1]
Editor's Note: See Executive Law § 370 et seq.
[2]
Editor’s Note: The Bulk and Use Tables, listed in §§ 300-92 through 300-101, are included at the end of this chapter.
[3]
Editor’s Note: The Bulk and Use Tables, listed in §§ 300-92 through 300-101, are included at the end of this chapter.
[4]
Editor's Note: See 47 U.S.C. § 609 et seq.