As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
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 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.
BOOKING SERVICE
Any reservation and/or payment service provided by a person
or entity that facilitates a short-term rental transaction between
an owner or business entity and a prospective tourist or transient
user, and for which the person or entity collects or receives, directly
or indirectly through an agent or intermediary, a fee in connection
with the reservation and/or payment services provided for the short-term
rental transaction.
[Added 9-10-2020 by Ord. No. 2-2020]
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, 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, 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.
CANDLE POWER
The unit for measuring the maximum intensity of light energy
emitted by a directional lamp.
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.
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.
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.
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-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, 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 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.
EXTERIOR ENTRANCE
A direct entrance from a public way to a habitable or tenantable
space.
FAMILY
One of the following:
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.
FAMILY UNIT, FUNCTIONAL
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:
[3]
Motor vehicle registration.
[4]
Summer or other residences.
(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.
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 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.
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 AND MEMBERSHIP ASSOCIATION HOUSE
A building used by a college fraternity, sorority, chapter
or membership association house as a principal place of residence
for its members. Such house shall have an affiliation with the State
College at Oneonta ( SUNY Oneonta) or Hartwick College, or a postsecondary
college or university accredited in New York State that operates campus
facilities in the City of Oneonta. Affiliation shall be through the
recognition of membership of the resident fraternity or sorority in
associations or councils recognized by a college or university or
from an official written statement provided by an agent or officer
of the above referenced institutions verifying the affiliation and
recognition of the fraternity, sorority, chapter or membership association
house.
[Amended 2-26-2020 by Ord. No. 1-2020]
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.
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.
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.
HOSTING PLATFORM
A person or entity that participates in the short-term rental
business by providing, and collecting or receiving a fee for, booking
services through which an owner may offer a residential dwelling unit
for tourist or transient use. Hosting platforms usually, though not
necessarily, provide booking services through an online platform that
allows an owner to advertise the residential dwelling unit through
a website provided by the hosting platform and the hosting platform
conducts a transaction by which potential tourist or transient users
arrange tourist or transient use and payment, whether the tourist
or transient pays rent directly to the owner or to the hosting platform.
[Added 9-10-2020 by Ord. No. 2-2020]
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.
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.
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.
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.
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.
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.
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.
PERMANENT RESIDENT
A person who occupies a property within 60 days of purchase
with intent to establish that property as their primary residence.
A permanent resident must occupy a primary residence for at least
270 days per year.
[Added 9-10-2020 by Ord. No. 2-2020]
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.
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.
PRIMARY RESIDENCE
The permanent resident's usual place of return for housing
as documented by at least three of the following: motor vehicle registration;
driver's license or equivalent identification card; voter registration;
or tax documents showing the residential unit as the permanent resident's
residence for the purposes of a home owner's tax exemption. A person
may have only one primary residence.
[Added 9-10-2020 by Ord. No. 2-2020]
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."
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, 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."
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, 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.
SHORT-TERM RENTAL
A tourist or transient use that has been issued a short-term
rental permit.
[Amended 9-10-2020 by Ord. No. 2-2020]
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.
B.
BANNERA piece of cloth, plastic or similar pliable material attached at one or more points to a pole, staff or other support.
C.
FLAGAny 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.
E.
SIGN, AWNINGAny sign that is a part of or attached to a structural protective cover.
F.
SIGN, BUILDING DIRECTORYA sign listing the tenants or occupants of a building or group of buildings and that may indicate their locations.
G.
SIGN, BUSINESS IDENTIFICATIONA sign which directs attention to an activity which is conducted, other than incidentally, on the premises upon which such sign is located.
H.
SIGN, CHANGEABLE-COPYA 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.
SIGN, DIRECTIONALAny sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
K.
SIGN, FREESTANDINGA 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.
SIGN, GRAPHICA 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.
N.
SIGN, HOLIDAY DECORATIONTemporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.
P.
SIGN, ILLUMINATED (INDIRECTLY)A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs.
S.
SIGN, PERPENDICULARAny 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.
SIGN, PLAZA DIRECTORYA sign listing the tenants or occupants of a commercial plaza and that may indicate their locations.
U.
SIGN, POLEA sign that is mounted on a freestanding pole or other supports.
V.
SIGN, POLITICALA temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election or caucus.
W.
SIGN, PORTABLEA 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.
SIGN, ROOFA sign that is mounted upon the roof of a building.
BB.
SIGN, VEHICLESigns displayed on licensed and registered motor vehicles which are used in conjunction with a business.
CC.
SIGN, WALLA sign attached to and erected parallel to the face of a building and supported throughout its length by such building.
DD.
SIGN, WINDOWA 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.
SIGN, WINDOW, TEMPORARYA 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.
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, 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.
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.
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 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. 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.
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.
TOURIST OR TRANSIENT USE
Any use of a property for occupancy for less than a thirty-day
term of tenancy, or occupancy for less than 30 days of a property
for residential use leased or owned by a business entity not including
hotels, motels and bed-and-breakfasts as defined in this Code.
[Added 9-10-2020 by Ord. No. 2-2020]
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.
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.
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 DISTRICT
The classification of lands as established in this chapter
and by the Zoning Map.