The purposes of this chapter, regulations and
zoning districts as outlined on the Zoning Map are to provide for
the orderly growth in accordance with a comprehensive plan to protect
and conserve the value of property, to prevent the overcrowding of
land, to avoid undue concentration of population, to lessen congestion
in the streets, to secure safety from fire, flood or other dangers,
to provide adequate light and air, to facilitate the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements and to promote the health, safety and general welfare
of the public. They have been made with reasonable consideration,
among other things, as to the character of each district and its peculiar
suitability for particular uses and with a view to encouraging the
most appropriate use of land.
A.
Except as hereinafter provided, no building or structure
shall be erected, moved, altered or extended and no land, building
or structure or part thereof shall be occupied or used unless in conformity
with the regulations specified for the district in which it is located.
B.
No building shall hereafter be erected or altered
to exceed the height, to accommodate or house a greater number of
families, to occupy a greater percentage of lot area or to have narrower
or smaller rear yards, front yards or side yards than are specified
herein for the district in which such building is located.
C.
All uses not specifically permitted in a district
or permitted after obtaining a special permit shall be deemed prohibited.
D.
This chapter shall not apply to existing buildings
and structures nor to the existing use of any building, structure
or land to the extent to which it was used at the time of original
enactment of this chapter.[2] This chapter shall apply to any change in use, alteration,
extension or movement of a building or structure and to any change
in use of land subsequent to enactment of this chapter.
[2]
Editor's Note: This chapter was originally
adopted 6-27-1985 by L.L. No. 2-1985.
A.
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense include the future, and the plural includes the
singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; the word "shall" is intended to be
mandatory; and "occupied" or "used" shall be considered as though
followed by the words "or intended, arranged or designed to be used
or occupied."
B.
ACCESSORY USE OR BUILDING
AGRICULTURAL USE
ALTERATION
ANIMAL HOSPITAL
BAR
BASEMENT
BLOCK
BOARDINGHOUSE
BOATHOUSE
BUILDING
BUILDING AREA
BUILDING, DETACHED
BUILDING FRONT LINE
BUILDING HEIGHT
BUILDING, PRINCIPAL
CLINIC
CLUBHOUSE, MEMBERSHIP
CLUB, PRIVATE
COMMUNITY CENTER
COURT
COVERAGE
DEVELOPMENT PLAN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DEVELOPMENT PLAN, PRELIMINARY
DISTRICT
DORMITORY USE
DRIVE-IN FACILITY
DRIVE-IN SERVICE
DRIVEWAY
DUMP
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FLOOR AREA
FLOOR AREA, HABITABLE
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE STATION
GRADE, FINISHED
HOME OCCUPATION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
HOSPITAL
HOTEL
JUNKYARD
KENNEL
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT LINES
LOT OF RECORD
LOT WIDTH
MEDICAL OFFICE
MOBILE HOME
MOBILE HOME PARK
MOTEL
MOTOR VEHICLE
MOTOR VEHICLE SALES SHOWROOM
MOTOR VEHICLE SERVICE AND REPAIR
MUNICIPAL BUILDINGS
MUSIC SCHOOL
NONCONFORMING USE
NONRESIDENTIAL LAND USE
NURSING HOME
OFFICE, PROFESSIONAL/BUSINESS
OWNER
PACKAGE FOOD RESTAURANT
PARKING SPACE
PERSONAL SERVICE
PET SHOP
PROFESSIONAL RESIDENCE-OFFICE
PUBLIC ASSEMBLY USE
PUBLIC UTILITY
QUARRY
RECREATIONAL VEHICLE
RECREATION, COMMERCIAL OUTDOOR
RECREATION, INDOOR
RECREATION, PRIVATE OUTDOOR
RECREATION, PUBLIC OUTDOOR
RELIGIOUS INSTITUTION
RESIDENTIAL USE
RESTAURANT
RETAIL STORE
ROOM, HABITABLE
SCHOOL
SCREENING DEVICE
SENIOR CITIZEN HOUSING
SERVICE AREA
SEXUALLY ORIENTED BUSINESS
SHOPPING CENTER
STABLE
STORAGE, ENCLOSED
STORAGE, OPEN
STORY
STREET
STREET CENTER LINE
STREET FRONTAGE
STREET GRADE
STREET LINE
STRUCTURE
SWIMMING POOL
THEATER
THEATER, DRIVE-IN
TOT LOT
TOURIST HOME
TREE, SHADE
USE
USE, PERMITTED
WAREHOUSE
WILDLIFE REFUGE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall
have the meanings indicated:
An incidental and subordinate use or building that shall
be necessary or supportive to the purpose of the principal use or
building and shall be located on the same lot as the principal use
or building. However, in the C-1, C-2, C-2A, C-T and C-3 zones freestanding
signs shall not be considered accessory structures or uses.
[Amended 11-21-2017 by L.L. No. 2-2017]
Land containing at least two acres which is used for raising
or harboring livestock or agricultural products, including farm structures
and the storage of agricultural equipment; riding, livery and boarding
stables; kennels and veterinaries; and, as an accessory use, the sale
of agricultural products raised on the property.
Any change, rearrangement or addition to a building other
than repairs and any modification in construction or in building equipment.
An activity characterized exclusively by the practice of
veterinary medicine. The lodging of animals except when necessary
and incidental to treatment is prohibited.
An establishment licensed to sell alcoholic beverages for
on-premises consumption.
A story underground or partly underground. A basement shall
be counted as a story for the purposes of height measurement if the
vertical distance between the basement ceiling and the average grade
level of the adjoining ground is less than half the total distance
from floor to ceiling.
The length of a street between two intersections.
A dwelling wherein more than four people are sheltered for
profit.
A building used exclusively for the storage of boats and
equipment used in connection therewith.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or property.
The total of areas taken on a horizontal plane at the main
finished grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of walls.
A building surrounded by open space on the same lot.
The line parallel to the front lot line transacting that
point in the building face which is closest to such lot line. This
face includes porches, whether enclosed or unenclosed, but does not
include steps open to the sky.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat or mansard roofs and to the average
height of pitched, gable, hip and gambrel roofs.
A building in which is conducted the principal use of the
lot on which it is situated.
An office building used by members of the medical profession
for the diagnosis, treatment and care of human ailments.
A YMCA, YWCA, YMHA, fraternity, sorority, lodge, or religious
or similar membership club which may have dormitory accommodations
on the premises.
A facility designed and used exclusively for members and
their guests, including recreational, social, or athletic purposes
and similar activities incidental thereto.
A public or private meeting hall, place of assembly, museum,
art gallery, library or place of further education.
An unoccupied open space other than a yard. An outer court
is one which extends to the front, side or rear yards; an inner court
is any other court.
That percentage of the lot area covered by structures of
any kind.
The development plan which shall be prepared by an architect,
engineer, landscape architect, land surveyor or planning consultant
and shall include the following information:
A survey of the property showing existing features
of the property, including contours, buildings, structures, trees
over four inches in trunk diameter, streets, utility easements, rights-of-way
and land use.
A site plan showing proposed building locations
and land use areas.
Traffic circulation, parking areas and pedestrian
walks.
Landscaping plans, including site grading and
landscape design.
Preliminary drawings for buildings to be constructed
in the current phase, including floor plans, exterior elevations and
sections.
Preliminary engineering plans, including street
improvements, drainage system and public utility extensions.
Engineering feasibility studies, as required
by the Planning Commission.
The construction sequence and time schedule
for completion of each phase.
A preliminary development plan which shall include the following
information: a proposed site plan showing building locations and land
use areas, traffic circulation, parking areas, pedestrian walks and
landscaping layout; and the proposed construction sequence for buildings,
parking spaces and landscaped areas.
An area as described and/or set forth on the Official Zoning
Map of the Village of North Syracuse, contained within defined boundary
lines and labeled by a zoning district symbol contained in this chapter.
All such districts shall be subject to the regulations of this chapter
pertaining to the district for which the label pertains and to all
regulations generally or specifically applicable to the district as
provided in this chapter.
A fraternity, sorority, nurses' home or dormitory.
A building or use where a product is sold or a service performed
to customers while they are in or by their motor vehicle.
An activity or facility associated with the retail sale of
products or provision of services in which the customers remain in
or by their motor vehicle and shall include but not be limited to
drive-in windows at banks or restaurants, package food restaurants
and drive-in theaters.
Land used as access to and situated on the property or lot
by vehicular traffic.
Land used for the disposal by abandonment, dumping, burial,
burning or any other means and for whatever purposes of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof
or waste material of any kind.
A building designed or used as living quarters by three or
more families living independently of each other and shall not be
construed to include a mobile home as hereinafter defined.
A detached building designed or used as living quarters by
one family and shall not be construed to include a mobile home as
hereinafter defined.
A building designed or used as living quarters by two families
living independently of each other and shall not be construed to include
a mobile home as hereinafter defined.
A building or part thereof used as living quarters for one
family. The terms "dwelling," "one-family dwelling," "two-family dwelling"
and "dwelling group" shall not be deemed to include a motel, hotel,
boardinghouse or tourist home.
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.
The sum of the horizontal areas of the floors of a building,
excluding basement floor areas. All dimensions shall be measured between
interior faces of walls.
The floor area of rooms in a dwelling unit used for bedrooms,
living rooms, dining rooms and kitchens.
An enclosed space for the storage of motor vehicles, provided
that no business, occupation or service is conducted for profit therein.
Any garage available to the public, operated for gain and
which is used for storage, repair, rental, greasing, washing, painting,
servicing or equipping of motor vehicles.
[1]Any building or land that is used for the sale of motor fuel,
oil and motor vehicle accessories and which may include facilities
for lubricating, washing or servicing motor vehicles but not including
painting or major repairs to vehicles.
The completed surfaces of ground, lawns, walks, paved areas
and roads brought to grades as shown on plans or designs relating
thereto or in existence at the time the certificate of occupancy is
issued.
An accessory use of a service character conducted within
a dwelling by the residents thereof which is clearly secondary to
the dwelling use for living purposes and does not change the character
thereof, does not have a sign or any exterior evidence of such secondary
use and which conforms to the following additional conditions:
The occupation or profession shall be carried
on wholly within the principal building or within a building accessory
thereto. Not more than two persons outside the family shall be employed
in the home occupation. There shall be no exterior storage of materials
and no other exterior indication of the home occupation or variation
from the residential character of the principal building. No offensive
noise, vibration, smoke, dust, odors, heat, light or glare shall be
produced.
A home occupation includes dressmaking, crafts,
one-chair barbershops, home cooking, teaching, musical instruction
(limiting to two the number of persons an instructor may instruct
in any one session) and the practice by an artist, insurance agent,
musician, realtor, photographer or beautician.
However, a home occupation shall not be interpreted
to include the following: commercial stables and kennels, animal hospitals,
restaurants and tearooms, musical instruction to groups, dancing instruction
to groups, convalescent homes, mortuary establishments, garages or
premises for the repair of motor vehicles, televisions, radios or
electrical appliances and other trades and businesses of a similar
nature.
No more than four vehicles shall be parked outside
on the premises, including those owned by the owner or tenant of the
premises which is being used as a home occupation.
There shall be no sale of any product to any
customer on the premises. Such sale shall be defined as a transaction
whereby payment is to be made, whether cash or credit, and the goods
purchased are received on the premises.
No home occupation, except that described in Subsection (7) below, shall be carried on between the time of 9:00 p.m. and 8:00 am. All present nonconforming home occupations have 30 days from the effective date of this section to comply.
Notwithstanding the foregoing, a home occupation
shall include a facility for the care, during the day, of six or fewer
children who are unrelated to the occupant, provided that the occupant
has a valid license or permit from the County of Onondaga or the State
of New York to operate such a facility at that location. The facility
may operate between the hours of 6:30 a.m. and 9:00 p.m. A facility
which meets the conditions set forth hereinabove shall be deemed a
permitted use within a residential district.
A home occupation that involves the transaction of business
via the internet and a home computer only shall not require a special
use permit or site plan approval.
[Added 1-22-2009 by L.L. No. 2-2009]
A sanatorium, clinic, rest home, nursing home, convalescent
home, home for the aged and any other place for the diagnosis and
treatment of human ailments.
A building containing rooms which are used, rented or hired
out to be occupied for sleeping purposes and where a general kitchen
and dining room may be provided within the building or in an accessory
building.
Land or a building or structure used for the collecting,
storage or sale of wastepaper, rags, scrap metal or discarded material
or for the collecting, wrecking, dismantling, storage, salvaging and
sale of machinery parts or vehicles not in running condition.
An establishment for the lodging and/or breeding of domestic
animals.
Any off-street space used for the temporary location of one
licensed motor vehicle, which is at least 12 feet wide and 40 feet
long, not including access driveway, and having direct access to a
street or alley.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required, having
not less than the minimum area, width and depth required for a lot
in the district in which such land is situated and having frontage
on a street or other means of access as may be determined by the Planning
Commission to be adequate as a condition of the issuance of a building
permit for a building on such land.
The total area within the property lines, excluding any part
lying within the boundaries of a public street or proposed public
street.
A lot which has an interior angle of less than 135º
at the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents to the curve
at points of intersection of the side lot lines intersect at an interior
angle of less than 135º.
The mean horizontal distance from the street line of the
lot to its opposite rear line, measured at right angles to the building
front line in the general direction of the side lines of the lot.
The distance measured across the width of the lot at the
building front line or the proposed building front line.
The property lines bounding a lot.
Any lot which has been established as such by plat, survey
or deed prior to the date of adoption of this chapter and as shown
on the records of the County Clerk.
The mean width measured at right angles to the lot depth
at the required building front line.
Medical, dental and clinical office for the diagnosis and
treatment of human ailments.
A movable living unit, with or without wheels, used for living
quarters. Prefabricated modular housing in excess of 800 square feet
shall not be considered to be a mobile home.
Land on which two or more mobile homes are parked or which
is used for the purpose of supplying to the public a parking space
for two or more mobile homes.
A building containing rooms which are rented or hired out
as a series of sleeping units for automobile transients, each sleeping
unit consisting of at least a bedroom and a bathroom.
Any device in, upon or by which any person or property is
or may be transported upon a public street or highway, except such
as are operated exclusively by human power.
An enclosed establishment for display, sale, rental or lease
of new and used motor vehicles, trailers, mobile homes or boats and
shall not include areas for the open display and storage of such vehicles.
Any building or land that is used for the retail sale of
oil and motor vehicle accessories and/ or facilities for lubricating,
washing, painting, repairing or servicing motor vehicles.
[Amended 4-11-2019 by L.L. No. 3-2019]
Government buildings, municipal community hall, firehouse
and public works building.
A commercially operated establishment devoted primarily to
the teaching of music or instruction in instruments and shall include
the accessory sale of musical instruments and other related music
needs, provided that the primary use of the premises or structure
is for musical instruction.
A building, structure or use of land existing at the time
of enactment or amendment of this chapter and which does not conform
to the regulations of the district or zone in which it is situated,
but not including residential or agricultural buildings or uses.
[2]All uses of land and buildings except one-family dwellings,
two-family dwellings and multiple-family dwellings.
Any building where persons are housed and furnished with
meals and nursing or convalescent care.
A commercial activity conducted within an office and characterized
by services of a clerical, administrative, technical, professional,
medical or business nature, but expressly excluding the manufacture,
repair or the wholesale/retail sale, lease or rental of merchandise,
and shall include by way of illustration the following offices: finance,
insurance, real estate, medical, dental, clinical, business and legal.
The person or persons holding title to the property.
A structure wherein food products are prepared and/or packaged
and sold on premises directly to the customer for off-premises consumption
as distinguished from restaurants designed and utilized primarily
for on-premises consumption. When food consumption is permitted on
the premises in the parking area, the structure shall be considered
a package food restaurant; structures providing limited eating facilities
(counters, benches and tables) shall be considered package food restaurants
where such facilities are designed as secondary accommodations for
customers. (See "drive-in service.")
An off-street space used for the temporary location of one
licensed motor vehicle, which is at least nine feet wide and 18 feet
long, not including access driveway, and having direct access to a
street or alley.
Establishments for the on-site provision of retail services
to customers which may include the incidental sale of products. Such
establishments shall include but not be limited to the following:
clothing repair, dry cleaners, shoe repair, barber- and beauty shops,
laundry/laundromats, small appliance repair, jewelry and watch repair,
photographic studio, arts and craft instruction and travel agencies.
The following uses are specifically excluded from this definition:
retail trade, theaters, hotel/motel, commercial and business schools,
private clubs and professional and business offices.
An activity characterized principally by the retail sale
of domestic animals and/or lodging incidental thereto.
A residence in which the occupant has a professional office
of an architect, accountant, chiropractor, dentist, doctor of medicine,
landscape architect, land surveyor, lawyer, optometrist, osteopath,
physiotherapist, planning consultant, podiatrist, professional engineer
or psychologist, which is clearly secondary to the dwelling use for
living purposes and does not change the residential character thereof,
and where not more than three persons are working.
An auditorium, theater, public hall, school hall, meeting
hall, church and temple or similar facility.
A building or lot used in connection with the administrative
offices of a public service company or the transmission or distribution
of water, sewage, gas, electricity, telephone, cable television or
other public services.
Land used for the purpose of extracting stone, sand, gravel,
clay, lime or topsoil for sale or use as a commercial operation.
Any vehicle used as sleeping or living quarters, mounted
on wheels or on supports, and includes an automobile trailer equipped
with living or sleeping facilities and a house car and a vehicle which
is customarily towed by an automobile or truck and is used for carrying
goods, property, machinery, boats, or camping equipment or as an office.
A golf driving range, golf pitch-and-putt course, par-three
golf course, outdoor amusement park, hunting preserve, etc.
An indoor bowling alley, amusement arcade, theater, pool
hall, ice- and roller-skating rinks, gymnasium, table tennis hall,
swimming pool, etc.
A par-three golf course, outdoor amusement park, tennis court,
drive-in theater, etc.
A publicly or privately owned and operated playground, play
field, park, open space, swimming pool, etc., operated not for gain.
A church, temple, parish house, convent, seminary, retreat
house, etc.
A one-family dwelling, two-family dwelling, multiple-family
dwelling and professional residence-office.
An establishment for the sale and on-premises consumption
of food and beverages, including alcoholic beverages, and may include
the provision of entertainment (live performances and dancing). Temporary
facilities associated with field days, carnivals, circuses or bazaars
shall not be considered restaurants.
A structure in which articles, merchandise or products are
sold, leased or rented to the public at large.
Any dwelling unit, the rooms used for bedrooms, living room,
dining room and kitchen.
Parochial, private and public schools, nursery school, college,
university and accessory uses and shall exclude commercially operated
schools of beauty culture, business, dancing, driving and music and
similar establishments.
A permanent barrier, any portion of which is situated two
or more feet above grade, composed of any material, including what
are commonly termed walls, fences, screens and all similar structures
or improvements, but specifically excluding the exterior walls or
projections thereof of principal or accessory structures contained
within required front, side and rear setback lines. This term shall
not include decorative landscape elements, such as railroad ties,
stone, brick or other ornamental edgings when below two feet in height.
A structure designed and used exclusively to be the residence
of senior citizens, whether owned by a public authority, municipality
or private person or corporation, and containing three or more residential
dwelling units per structure.
Those parts of any side or rear lot area which are used primarily
to provide access for servicing the use on the lot, including land
used for delivery of goods, storage and collection of wastes and provision
for maintenance.
Any establishment or physical facility to which the public
is permitted or invited which has as a central or significant component
part thereof the exhibition by any means of human sexual activity
or human sexual organs or any such establishment or physical facility
which permits participation by the public in such activity or exhibition.
"Sexually oriented business" shall also include facilities which have
as a central or significant component thereof the sale or rental of
sexual paraphernalia, instruments or devices, including books, magazines,
newspapers, videos, movies, or other graphic forms of representation
of human sexual activity or human sexual organs. Sexually oriented
businesses shall be allowed only in the Sexually Oriented Business
Overlay District.
A parcel of land with a minimum area of one acre developed
in accordance with a common scheme and design, containing five or
more principal retail, personal service or office uses designed and
advertised as a shopping area having common or cooperative parking
and driveway facilities, advertising devices and other accessory accommodations.
A building in which horses are kept for public or private
use, remuneration, hire or sale.
Enclosed buildings used for the keeping of goods, wares,
supplies or equipment.
Land used for the keeping of goods, wares, supplies or equipment.
Part of a building which is between one floor level and the
next higher floor level or, if there is no floor above it, then the
ceiling next above it.
A public way for vehicular traffic which affords a means
of access to abutting properties.
A line midway between and parallel to two street frontage
property lines.
Those lot lines which abut a public street.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The right-of-way line of a street as dedicated by a deed
or record. Where the width of the street is not established, the street
line shall be considered to be 30 feet from the center of the street.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any body of water or receptacle for water having a depth
greater than 18 inches or a surface area greater than 250 square feet,
used for swimming or bathing and constructed, installed or maintained
in or above the ground.
A building or part of a building devoted to the performing
arts.
An open land with its appurtenant facilities devoted primarily
to the showing of moving pictures or theatrical productions to patrons
seated in automobiles or on outdoor seats.
A recreation area designed and equipped for use of preschool
children, at least 1,000 square feet in area. The equipment may consist
of a sandbox, play sculpture, swings, slide or jungle gym.
A dwelling in which overnight accommodation is provided for
transient guests for compensation.
Trees such as maple, oak, sycamore, plane, fir, spruce, hemlock,
birch, ash, hackberry, tulip, maidenfern, linden, locust, alder, dogwood,
magnolia, chestnut and hawthorn which are at least 10 feet in height
and at least two inches in diameter measured at a point six inches
above finished grade level.
The specific purpose for which land, a building or structure
is designed, intended, arranged, used or maintained.
Any use specifically allowed in the district, excluding illegal
uses and nonconforming uses.
A warehouse, wholesale establishment, discount house, bulk
storage and bulk sales outlet.
A bird sanctuary, zoo, forest reserve, game reserve or botanical
garden.
The space on a lot not occupied by a building or structure.
Porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required yard.
A yard between the front lot line and the front line of a
building extended to the side lot lines of the lot. The depth of the
front yard shall be measured between the front line of the building
and the street line. Corner lots as defined herein shall contain two
front yards.
A yard between the rear lot line and the rear line of a building
extended to the side lot lines of the lot. The depth of the rear yard
shall be measured between the rear lot line and the rear line of the
building.
A yard between the principal building or accessory building
and a side lot line and extending through from the front yard to the
rear yard.
