This chapter shall be known and cited as the
"Zoning Code of the Town of Owasco."
A.
No building or structure or land shall be used or
occupied and no building or part thereof shall be erected, moved,
enlarged or altered unless in conformity with the regulations of this
chapter.
B.
This chapter shall not require any change to any structure or use legally existing at the effective date or to any planned and started structure or use that was in compliance with existing laws prior to the effective date and completed within one year thereafter, except as may be provided for in Article VIII, Nonconformities.
This chapter shall be made to promote the health,
safety, morals and the general welfare of the community and to lessen
congestion in the streets; to secure safety from fire, flood, panic
and other dangers; to provide adequate light and air; to prevent the
overcrowding of land; to avoid concentration of population; and to
facilitate the adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements. Under and pursuant to
Article 16 of the Town Law of the State of New York, the size of buildings
and other structures, the percentage of lot that may be occupied,
the size of yards, the density of population and the use of buildings,
structures and land for trade, industry, residence or other purposes
are hereby restricted and regulated as hereinafter provided in order
to allow for orderly growth while retaining the rural and suburban
atmosphere of the Town.
In the interpretation and application of the
provisions of this chapter, they shall be considered to be the minimum
requirements necessary to achieve the objectives of this chapter.
There is no intention to interfere with or abrogate or annul other
rules, regulations or ordinances. Except where other rules, regulations
or ordinances impose greater restriction upon use, dimensions or bulk
or require larger open spaces, the provisions of this chapter shall
apply.
[Amended 6-14-1990 by L.L. No. 2-1990; 10-13-1994 by L.L. No.
1-1994; 2-14-2002 by L.L. No. 1-2002; 9-9-2004 by L.L. No.
2-2004]
A.
Word usage. For the purpose of this chapter, certain
words and terms used herein shall be interpreted as follows:
(1)
The word "person" includes a firm, association, partnership,
trust, company or corporation or other entity as well as an individual.
(2)
Words used in the present tense include the future
tense.
(3)
All words in the plural number include the singular
number and all words in the singular number include the plural number,
except as to the number of permitted structures, unless the natural
construction of the wording indicates otherwise.
(4)
The word "building" includes the word "structure."
(5)
The words "shall" and "must" are mandatory and not
discretionary; "may" is permissive.
(6)
The words "used" or "occupied" include the words "intended,
designed, arranged to be used, occupied, rented or leased."
(7)
The word "lot" includes the words "plot," "parcel,"
"tract" or "site."
(8)
The word "premises" includes a lot and all buildings
or structures thereon.
(9)
"To erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
B.
ACCESSORY
ACCESSORY BUILDING OR STRUCTURE
(1)
(a)
(b)
(c)
(d)
(2)
ACCESSORY FURNACE BUILDING
ACCESSORY USE
AGRICULTURE (FARMING)
ALTERATION
(1)
(2)
(3)
(4)
(5)
ALTERNATIVE ENERGY SYSTEMS
ALTERNATIVE MEMBER OF THE PLANNING BOARD
ALTERNATIVE MEMBER OF THE ZONING BOARD OF APPEALS
ANIMAL HOSPITAL or VETERINARY CLINIC
ANIMAL HUSBANDRY
ANIMAL UNIT
ANTENNA(S)
APARTMENT
BASEMENT
BED-AND-BREAKFAST INN
BUFFER AREA
BUILDING
BUILDING AREA
BUILDING CODE
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LINE
BUILDING PERMIT
BUILDING, PRINCIPAL
CABANA
CABIN or COTTAGE
CAMPGROUND
CARPORT
CELLAR
CEMETERY or BURIAL GROUND
CERTIFICATE OF COMPLIANCE
CERTIFICATE OF OCCUPANCY
CHURCH
CLEAR SIGHT TRIANGLE
CLUB
CLUSTER DEVELOPMENT
COMMERCIAL VEHICLE
COMMON AREA
COMMUNICATION TOWER
COUNTY PLANNING BOARD
CURB CUT
DEVELOPMENT
DRIVEWAY
DRIVEWAY APRON
DWELLING
(1)
(2)
(3)
DWELLING UNIT
EASEMENT
EFFICIENCY APARTMENT
ESSENTIAL SERVICES and PUBLIC UTILITIES
FAMILY
FARM
FARM ANIMAL
FARM BUILDING
FARMER
FARM MARKET
FARM PRODUCE STAND OR SEASONAL ROADSIDE STAND
FENCE
FENCE HEIGHT
FLAG LOT
(1)
(2)
FLOOD HAZARD AREA
FLOOR AREA, GROSS
FLOOR AREA, HABITABLE
FRONTAGE
FRONTAGE, LAKEFRONT
GARAGE
GREEN SPACE
HARD SURFACE
HOME OCCUPATION
HOSPITAL
HUNTING/FISHING CLUB
KENNEL, COMMERCIAL
LOADING SPACE, OFF-STREET
LOT
(1)
(2)
(3)
(4)
(5)
LOT LINE
(1)
(2)
(3)
LOT OF RECORD
LOT WIDTH
LOW-WATER MARK
MANUFACTURED HOME
MANUFACTURED HOME PARK
MANURE STORAGE FACILITY
MARINA
MODULAR HOME
MOTEL
MOTOR VEHICLE
NONCONFORMING STRUCTURE OR LOT
NONCONFORMING USE
NURSING OR CONVALESCENT HOME
OPEN SPACE
OPEN STORAGE
PARKING, OFF-STREET
PARKING SPACE
PARK OR RECREATION AREAS, PUBLIC
PARK, PRIVATE, NONCOMMERCIAL
PARTY WALL
PERMITTED USE
POND, FARM
PRINCIPAL BUILDING
PRINCIPAL USE
PUBLIC AND SEMIPUBLIC USES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
PUBLIC UTILITIES
RECREATIONAL VEHICLE
(1)
(2)
(3)
(a)
(b)
(4)
RECREATION FACILITY, OUTDOOR
RESIDENTIAL CONVERSION
RETAINING WALL
RIDING ACADEMY or RIDING STABLE
RIGHT-OF-WAY
RIGHT-OF-WAY LINE
ROADSIDE STAND
SETBACK
SEWER, PRIVATE
SEWER, PUBLIC
SIGHT DISTANCE
SIGN
(1)
(a)
(b)
(c)
(d)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
SIGN FACE AREA
SIGN STRUCTURE
SITE PLAN
(1)
(2)
(3)
SITE PLAN REVIEW
SOLAR ACCESS
SPECIAL PERMIT USES
STORY
STREET
STREET LINE
STRUCTURE
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SUBSTANTIAL IMPROVEMENT
SWIMMING POOL
TELECOMMUNICATIONS FACILITY
TEMPORARY USE
TOURIST FACILITIES
TOWNHOUSE
TOWN PLANNING BOARD
USE
UTILITY SHED
VARIANCE
WIND GENERATOR
YARD
YARD, FRONT
YARD, REAR
YARD SALE
YARD, SIDE
ZONING BOARD OF APPEALS
ZONING CERTIFICATE OF COMPLIANCE
ZONING ENFORCEMENT OFFICER
ZONING PERMIT
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
When used to modify buildings, structures or uses, those
buildings or uses customarily incidental and subordinate to the permitted
principal use which are located on the same lot with the principal
building.
A detached building or structure which:
Is customarily incidental and subordinate to,
and serves a principal building;
Is subordinate in area, extent or purpose to
the principal building served;
Contributes to the comfort, convenience or necessity
of occupants of the principal building use; and
Is located on the same parcel as the principal
building.
Where an accessory building is attached to the
principal building in a substantial manner, such as by a wall or roof,
such accessory building shall be considered part of the main building
for determining lot line setbacks. Any portion of a principal building
devoted or intended to be devoted to any accessory use is not an accessory
building. For purposes of this definition, accessory furnace buildings
shall not be considered accessory buildings.
An accessory building separate from the principal building
constructed primarily for the purpose of housing a wood, coal or other
solid fuel furnace that serves to provide heat and/or hot water to
the principal building. For purposes of this definition, freestanding
furnaces designed to be placed outside of a building shall be considered
an accessory furnace building.
A use incidental and subordinate to the principal use of
a building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
The use of land for agricultural production purposes, including
tilling of the soil, dairying, pasture, animal and poultry husbandry,
apiculture, arboriculture, horticulture, floriculture, viticulture,
and accessory uses for packing, storing, processing and retail sales
of products, provided that the operation of any such accessory uses
shall be secondary to that of the principal agricultural production
activities.
As applied to a building or structure:
The change or rearrangement in the supporting
members of a building or structure such as bearing walls, columns,
beams or girders or in the exit facilities;
An enlargement of a building or structure, whether
by extending on a side or by increasing in height;
The moving from one location or position to
another;
Any alteration whereby a structure is adapted
to another or different use, including any separation into rooms or
spaces by the installation of nonbearing partitions, and
The installation, replacement or alteration
of mechanical systems.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure. Current examples include wind turbines, solar
collectors and solar greenhouses, heat pumps, or other related devices
An individual appointed as provided in § 150-67 of this chapter to serve on the Planning Board when required to obtain or maintain a quorum.
An individual appointed as provided in § 150-56 of this chapter to serve on the Zoning Board of Appeals when required to obtain or maintain a quorum.
The premises or buildings used for the diagnosis, treatment
or other care of the ailments of domesticated, household or farm animals,
which may include related facilities, such as laboratories, offices
and temporary quarters for such animals.
The raising or keeping of one or more steers, cows, horses,
mules, hogs, sheep, goats, donkeys, oxen, or other similar animals,
or the raising or keeping of more than four ducks, chickens, rabbits,
geese, quail, chinchillas, mink, or any similar small animals, but
not including dogs and cats. Such uses include the pasturing, feeding,
and sheltering of such animals.
The equivalent of 1,000 pounds of farm animal.
A system of electrical conductors that transmit or receive
electronic frequency signals. Such signals shall include, but not
be limited to radio, television, cellular, paging, and personal communication
services (PCS).
A dwelling unit within a two-family or multifamily dwelling
that is intended to be leased or rented. This term shall not be deemed
to include a motel, hotel, boardinghouse or travel trailer.
A story partly underground, but having 1/2 or more of its
height, measured from floor to ceiling above the average level of
the adjoining ground. A basement shall be counted as a story for the
purpose of determined number of stories and floor area.
A single-family dwelling where overnight lodging, with or
without the service of meals, is offered to transient guests for compensation.
Such use shall be clearly incidental and secondary to the principal
use of the dwelling. This term includes hostels and tourist home establishments
but does not include hotels, tourist courts, motor lodges, tourist
cabins or similar terms.
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms, designed to provide a physical
screen to limit visibility between uses and reduce the escape and/or
intrusion of litter, fumes, dust, noise, or other noxious or objectionable
elements.
Any structure that is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing
or enclosure of persons, animals, or property.
The total cumulative area comprised of the sum of the area
within the horizontal plane at the main grade level of the principal
building and all accessory buildings, exclusive of uncovered porches,
terraces and steps.
The Codes of New York State.
That percentage of the plot or lot area covered by a building
area.
The vertical distance measured from the mean level of the
ground surrounding the structure to the highest point of the structure,
excluding chimneys, cupolas and widow's walks.
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof or porch. The
vertical plane will coincide with the most projected surface, excluding
steps and overhanging eaves less than two feet in width. All yard
and setback requirements are measured to the building lines.
A document issued pursuant to the Codes of New York State
by the Code Enforcement Officer authorizing the construction of structures.
A building in which is conducted the main or principal use
of the lot on which said building is situated. In any residential
district, any dwelling shall be deemed to be a principal building
on lot on which the same is located.
A small shelter intended only for use as a bathhouse for
the changing of clothing and incidental storage of swimming supplies,
on either lakefront property or in conjunction with a private swimming
pool, permitted only as an accessory building and under no circumstances
used or intended to be used as a dwelling unit.
A building designed for or intended to be occupied for seasonal
occupancy and not suitable for year-round living; seasonal dwellings
used on a seasonal basis for vacation, summer homes, hunting lodges
and similar purposes.
A parcel of land used or intended to be used, let or rented
for transient, vacation and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes or manufactured
housing designed for year-round occupancy or as a place of residence.
A roofed structure without enclosing walls, used for the
storage of one or more vehicles.
A story, partly underground and having more than 1/2 of its
height, measured from floor to ceiling, below the average level of
the adjoining ground. A cellar shall not be considered in determining
the permissible number of stories and floor area.
A tract of land for the disposal or burial of deceased human
beings or remains in a grave, mausoleum, vault, columbarium or other
receptacle. The provisions of this chapter shall apply to all cemeteries
and burial grounds including those owned by a religious corporation,
municipal corporation, or a cemetery corporation owning a cemetery
operated, supervised or controlled by or in connection with a religious
corporation.
A certificate issued by the Zoning Enforcement Officer upon
completion of the change in use of an existing building or upon the
completion of a project. Said certificate shall acknowledge compliance
with all requirements of the Town's Code, local laws, variances and
special use permits in existence as of the date of the issuance of
the certificate of compliance.
A certificate issued by the Code Enforcement Officer upon
completion of construction or alteration of a building. Said certificate
shall acknowledge compliance with all of the requirements of the Codes
of New York State.
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
Any organization catering to members and their guests, or
a building or premises used for recreational, general, social, or
athletic purposes not open to the general public. Clubs shall not
be conducted primarily for gain, and vending stands, merchandising,
or commercial activities shall not be conducted except as required
for the membership and purposes of such club. For the purpose of this
chapter, this term shall include religious organizations; lodges;
fraternal organizations; mutual benefit societies; snowmobiling, archery
or hunting clubs; and other similar organizations.
A development of residential lots, some of which may contain
less area than the minimum lot area required for the zone within which
such development occurs, while maintaining the density limitation
imposed by said minimum lot area through the provision of open space
as part of the site development plan.
Any vehicle in excess of 20 feet in length carrying a valid
commercial New York State registration plate, which is used for the
transportation of persons, animals or goods, primarily for profit
or carries a permanently affixed business identification sign exceeding
one square foot in area, or any vehicle used for earthmoving or construction
purposes.
Space reserved for use by any and all residents of a housing
development, including, but not limited to, halls, stairways and landings
in apartment houses.
See "telecommunications facility."
The Planning Board of the County of Cayuga.
The opening along a street at which point vehicles may enter
or leave the roadway.
Any change made to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, excluding
normal maintenance to farm roads.
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a driveway.
The portion of a driveway that is located within a public
right-of-way and which abuts a public street or alley.
Any building or portion thereof designed or used exclusively
as a residence or sleeping place for one or more persons.
DWELLING, SINGLE-FAMILYA building arranged for and containing one dwelling unit.
DWELLING, TWO-FAMILYA building arranged for and containing two dwelling units.
DWELLING, MULTIPLEA building arranged for and containing more than two dwelling units.
One room or rooms connected together for owner occupancy
or rental or lease on a weekly, monthly or longer basis, and physically
separated from any other rooms or dwelling units which may be in the
same structure, and containing independent cooking and sleeping facilities,
designed for occupancy by one family.
A specified (limited) use of private land for a public or
quasi-public purpose.
A multiple dwelling unit in which the sleeping area and living
room are one.
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities, but shall not
include telecommunications towers, power stations or similar structures.
Such facilities shall be included within the definition of "public
utilities."
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.
See "agriculture."
Shall include horses, cows, steers, goats, sheep, pigs, rabbits,
fowls, llamas, and other similar animals.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with, and necessary to the operating of the farm as
defined herein.
Any person who grosses an income of $7,000 from agriculture
and who files a Schedule F, IRS Farm Income Form, with their federal
tax return.
A structure with more than 120 square feet of gross floor
area intended for the display and sale of farm produce and other agricultural
products or crafts.
Retail outlet, consisting of nonpermanent structures (movable
and temporary), for the sale of agricultural products grown principally
by the operator during the harvest season. (See also "farm market.")
A structure of wood, masonry, wire mesh or other material,
including, but not limited to, hedge and other living materials, which
prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property.
The distance measured from the average grade to the top of
the fence.
An approved lot generally in the shape of a flag and flagpole
which is comprised of the flagpole portion, a strip of land that abuts
the public street, has less than the minimum required roadway frontage
for lots in the zoning district in which it is located, and which
provides access to the interior portion of the lot referred to as
the "flag" which meets or exceeds the minimum lot size and area requirements
for lots in such zoning district. The flagpole access portion of such
lots shall not be considered buildable and shall not be used in calculating
the lot size and area for purposes of satisfying the minimum lot and
area requirements of the district in which the lot is located.
FLAG LOT, ACCESS PORTION, also known as "flagpole”The panhandle portion of a flag lot having at least 50 feet in lot width and which provides an access corridor between a public road, street or highway right-of-way to the interior portion of a flag lot.
FLAG LOT, INTERIOR PORTION, also known as "flag"That portion of a flag lot having sufficient lot area, width and depth to meet the minimum requirements of the zone district, and which excludes the access portion of the lot.
Refer to Chapter 78 of the Owasco Town Code entitled "Flood Damage Prevention."
The sum of the gross horizontal areas of the floor(s) including
the basement(s) of a building or buildings, measured from the outside
faces of exterior walls or from the center line of walls separating
two uses. Gross floor area does not include cellars, unenclosed porches
and attics not intended for human occupancy.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business, as defined in the Codes of New York.
For lots that do not abut Owasco Lake, the distance between
the side lot lines measured at the street rights-of-way.
For properties that abut Owasco Lake, the straight-line distance
between the side lot lines measured at the low watermark. For purposes
of this chapter, lots that abut the Owasco Lake outlet shall not be
considered abutting Owasco Lake nor having lakefront frontage.
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot upon which
it is erected, with no provision for repairing or servicing such vehicles
for profit. A garage cannot serve as the principal use on any lot.
Land areas covered only by grass, trees or other vegetation.
Minimum shall mean three inches of asphalt, four inches of
concrete or six inches of crushed stone except that the hard surfaces
on which motor vehicles will be parked or driven shall mean six inches
of asphalt, concrete or crushed stone.
An activity customarily carried on in a dwelling unit or
in a building or other structure accessory to a dwelling unit and
clearly incidental and secondary to the residential use of the dwelling.
In particular, this includes, but is not limited to an art studio,
professional office of a physician, dentist, lawyer, engineer, architect,
writer, accountant, realtor, beauty parlor or barbershop, dressmaker
or tailor shop, musician, laundering, home cooking, appliance or other
small item repair, training or tutoring of not more than four persons
at any one time. Among the uses that shall not be interpreted to be
a "home occupation" shall include, but not be limited to, animal hospital,
commercial stables, and kennels and restaurants.
An establishment or institution where the ill or injured
may receive medical treatment, with provisions for only temporary,
short-term bedding of patients and with no provisions for the permanent,
long-term residency of the ill or infirm, the poor, the incurable
or the insane.
A facility, whether open to the public or limited to members
of a group, which offers such activities as game hunting, fishing,
trap or skeet shooting, target shooting, target practice, game farms,
and related uses, such as assembly halls or sales of bait or equipment.
The term includes rod and gun clubs and sportsmen's clubs.
Any lot or premises on which the commercial breeding, raising,
boarding or selling of animals customarily considered domestic pets
occurs.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles.
A parcel of land used or set aside and available for use
as the site of one or more buildings and accessory buildings thereto
or for any other purpose and not divided by a street nor including
any land within the right-of-way of a public or private street upon
which said lot abuts even if the ownership to such way is with the
owner of the lot. A lot for the purpose of this chapter, may or may
not coincide with the lot of record.
LOT AREAThe total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way.
CORNER LOTA parcel of land at the junction of and fronting on two or more intersecting streets.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
LAKEFRONT LOTAny lot that abuts Owasco Lake. For purposes of this definition, lots that abut the Owasco Lake Outlet shall not be considered lakefront lots.
LOT DEPTHFor lots that do not abut Owasco Lake, the mean distance from the right-of-way line of the street to the rear lot line measured in the general direction of the side lines of the lot. For lakefront lots, the mean distance from the lakeshore.
Any boundary line of a lot:
LOT LINE, FRONTFor lots that do not abut Owasco Lake, the line or lines separating the lot from a street right-of-way shall be the front lot line. For lakefront lots, the line separating the lot from the Owasco Lake shall be the front lot line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A parcel of land properly recorded with the County Clerk
and assigned a unique tax parcel identification number at the time
of passage of this chapter.
The width of the lot between side lot lines at the front
building line as prescribed by the front yard and setback regulations.
For Owasco Lake, the mean value is set at 714.0 feet, United
States Geological Survey datum, or adjusted to 709.3 feet, Auburn
datum.
A factory manufactured home built on a permanent steel-framed
chassis in accordance with Federal Department of Housing and Urban
Development (HUD) standards and designed to be transported to a site
in one or more sections, which is intended to be used as permanent
living quarters by a single-family unit when connected to the required
plumbing, heating and electrical utilities. For the purpose of this
chapter, the removal of transport wheels and/or anchoring of the home
to a permanent foundation shall not remove it from this definition.
The term shall include double-wide manufactured homes. The definition
of manufactured home shall not include modular home.
Any site, lot, field, plot, parcel or tract of land on which
two or more or group of manufactured homes are parked or located and
are occupied or intended for occupancy on the premises, and for which
either the said premises or manufactured home is offered to the public
whether or not a fee of any type, including cost sharing is charged.
This includes the rental of the premises and/or the manufactured homes.
A facility constructed as an accessory use to an animal husbandry
use, riding stable, or kennel, intended to collect, hold, process,
store, treat, or distribute animal solid and liquid waste. Included
within this definition are storage tanks, lagoons, seepage pits, drains,
and collection systems intended to handle animal waste. Not included
within this definition are systems designed and constructed to handle
human waste.
A waterfront facility having docks, moorings, supplies, and
other facilities for small boats, which may include the sale or rental
of boats, and maintenance thereof.
A structure designed for residential occupancy and constructed
by a method or system of construction whereby the structure or its
components are wholly or in substantial part manufactured in manufacturing
facilities, intended or designed for assembly and permanent installation.
The definition of "modular home" shall not include manufactured home.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. A restaurant, tearoom or similar establishment
located on the same premises as a motel shall be considered as an
accessory use. The term "motel" includes facilities designated as
"tourist courts," "motor lodges" and similar uses.
Any vehicle propelled by an internal combustion motor or
engine, including, but not limited to, automobiles, midget automobiles,
stock cars, trucks, tractor-trailers, motor homes, go-carts, motor
scooters, motorcycles, snowmobiles, all-terrain vehicles, garden and
lawn tractors, boats or any other similar type of vehicle. Electrically
driven wheelchairs being operated or driven by a person with a disability
are not included in this definition.
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter or the regulations for signs,
off-street parking, off-street loading or accessory buildings, but
which structure or lot was in existence at the effective date of this
chapter and was lawful at the time it was established.
A use of a building or lot that does not conform to a use
regulation prescribed by this chapter, but which was in existence
at the effective date of this chapter and was lawful at the time it
was established.
A structure designed or used for residential occupancy and
providing limited medical or nursing care on the premises for occupants,
but not including a hospital.
That part of the lot area that is not used for structure,
parking or service. Open space may include lawns, trees, shrubbery,
garden areas, footpaths, play areas, watercourses, wooded areas and
paved surfaces used as access drives, but not used for vehicular parking
of any kind.
An unenclosed area used for temporary or seasonal storage
of vehicles, materials, building supplies, stock, or supplies for
later use in conjunction with a permitted principal use, accessory
use, or special permitted use.
An off-street area with an appropriate means of vehicular
access to a street, intended for the temporary storage of vehicles.
Space available for the parking of one motor vehicle and
having an area of not less than 200 square feet (10 feet by 20 feet),
exclusive of passageways and driveways providing access thereto.
Outdoor recreation facilities or other entertainment facilities
operated as a nonprofit enterprise by the Town of Owasco, any other
governmental entity or any nonprofit organization and open to the
general public.
Outdoor recreation facilities, operated by a nonprofit organization
and open only to bona fide members of such nonprofit organization.
A wall on an interior lot line used or adapted for joint
services between two buildings or structures.
A land use listed in the zoning district regulations that
does not require action by the Zoning Board of Appeals or by the Town
Planning Board before a zoning permit is issued by the Zoning Enforcement
Officer.
Any artificially constructed body of water whose use is to
enhance the agricultural process, or for fire protection, conservation
of water supply, or flooding or drainage control.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The main or primary purpose for which a building, structure
or lot is to be used.
This definition is intended to include, but not be limited
to, any one or more of the following uses, including grounds and accessory
buildings necessary for their use:
Cemeteries and associated uses.
Churches, places of worship, parish houses and
convents.
Public or semipublic parks, playgrounds and
recreational areas when authorized or operated by a governmental authority,
school, or religious institution.
Nursery schools, elementary schools, high schools,
colleges, or universities.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety
buildings.
Administrative office buildings and related
facilities operated by public agencies.
Proprietary or not-for-profit hospitals for
the care of human beings, nursing homes, convalescent homes for adults,
or homes for the aged as the same are defined under the Public Health
Law or the Social Services Law of the State of New York, provided
that they are duly licensed by the State of New York.
Not-for-profit membership corporation or club
established for cultural, social, or recreational purposes.
Day-care centers approved by the New York State
Department of Social Services.
Facilities, including buildings and structures, but not including
"essential services" and "telecommunications facilities" as defined
herein, for the generation and transmission of gas, electricity, water,
telephone, telecommunications or other comparable service regulated
by a state or federal government agency.
A vehicle type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic types are:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and six inches, excluding awnings, and a body length of no more than 40 feet when factory equipped for the road.
TENT CAMPERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
Land developed by a private sponsor with facilities for passive
recreation, e.g., trails and picnic areas, and/or with facilities
for active outdoor individual or organized recreation, e.g., ball
fields, tennis courts, swimming pools, ski trails, and ice-skating
areas. This definition includes golf courses, riding stables, hunting
and/or fishing clubs, and open air theaters or drive-in theaters.
This definition does not include arenas, stadia or other facilities
for the accommodation of more than 200 spectators, campgrounds, or
racetracks or other facilities featuring activities involving motorized
vehicles.
The conversion of the use of a building from nonresidential
to residential use or the structural alteration of an existing residential
structure to increase the number of residential units in the structure.
A wall built to keep a bank of earth from sliding.
A horse stable used for the purpose of renting horses or
ponies for rides, riding lessons, or for training of horses for specific
purposes.
Land set aside for use as a street, alley, or other means
of travel.
The line determining the street or highway limit of public
ownership. For the purposes of this chapter, the "right-of-way line"
and the "street line" shall have the same meaning.
See "farm produce stand."
The horizontal distance between the front, rear or side lot
lines of the lot and the front, rear or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. For lots that do not abut Owasco
Lake, setbacks from street lines to building lines are defined as
"front setbacks" and for lakefront lots, setbacks from the lakeshore
to the building lines are defined as "front setback." Setbacks from
side lot lines are "side setbacks." Setbacks from rear lot lines are
"rear setbacks."
A septic tank disposal system generally providing for disposal
of effluent for only one building or group of buildings on a single
lot. It may also be referred to as an "on-lot sewer."
Any municipal or privately owned sewer system in which sewage
is collected from buildings and conveyed through a sewer line to an
approved wastewater treatment plant or central septic tank disposal
system. If may also be referred to as an "off-lot sewer."
The maximum extent of unobstructed vision along a street
from a vehicle located at any given point on the street.
Any permanent or temporary structure or part
thereof or any device attached to, painted or represented directly
or indirectly on a structure or other outdoor surface that shall display
or include any letter, word, insignia, flag or representation used
as or which is in the nature of an advertisement, announcement, visual
communication, direction or is designated to attract the eye or bring
the subject to the attention of the public.
SIGN, ON-PREMISESA sign that directs attention to a person, business, profession, home occupation or activity conducted on the same lot. A "for sale" sign relating to the lot on which it is displayed shall be deemed an "on-premises sign."
SIGN, OFF-PREMISESA sign that directs attention to a person, business, profession, product, home occupation or activity not conducted on the same lot.
SIGN, ATTACHEDA sign affixed to or applied on the wall of a principal structure.
SIGN, FREESTANDINGAny sign not attached to a principal structure that either has its own support or is affixed to various existing uprights or suspended by cable, rope or similar device.
Any material, structure or device, or part thereof,
composed of lettered or pictorial matter which is located out-of-doors,
or on the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person,
business or cause when such is place in view of the general public.
Definitions for other types of signs:
AWNING SIGNAny visual message incorporated into an awning attached to a building.
BANNER SIGNAny sign intended to be hung either with or without frames, possessing characters, letters or illustrations applied to paper, plastic or fabric of any kind, stretched across or hung over a public right-of-way.
BILLBOARD SIGNAny sign that attracts attention to an object, product, service, place, activity, institution, organization or business not available or located on the lot where the sign is located.
CHANGEABLE LETTER SIGNA sign where the supporting frame or structure is permanent and only the letters, displays or illustrations thereon are changeable or temporary.
CONSTRUCTION SIGNAny sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
FREESTANDING OR PEDESTAL SIGNAny sign not attached to or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, which includes reflective and phosphorescent light.
PORTABLE SIGNA sign where on its own trailer wheels or otherwise designed to be moveable and not structurally attached in the ground or to a building, a structure or another sign.
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally from the place of such wall or structure.
REAL ESTATE SIGNAny sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
ROOF SIGNAny sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.
DIRECTORY SIGNA listing of two or more business enterprises, consisting of a matrix and sign components.
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
WALL SIGNA sign which is painted on or attached to the outside wall of a building with the face of the sign in the place parallel to such wall, and not extending more than 15 inches from the face of such wall.
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
The entire area within the single, continuous perimeter enclosing
the extreme limits of writing representation, emblem or any figure
or similar character, together with any material or color forming
an integral part of the display or used to differentiate such sign
from the background against which it is placed. The supports, uprights
or structures on which any sign is supported shall not be included
in determining the sign area unless such supports, uprights or structures
are designed in such a manner as to form an integral part of the display.
Where a sign has two or more faces, the area of all faces shall be
the face area of the sign.
The support, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections thereof
exceed 30°, each side shall be considered a separate sign structure.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
SITE PLAN, FINALA rendering or drawing, prepared to scale, containing the necessary elements as enumerated in this chapter, which depicts the layout and design of a single parcel of land as approved by the Town Planning Board. Final site plans are separate and distinct from final subdivision plats.
SITE PLAN, PRELIMINARYA rendering or drawing prepared to scale, containing the necessary elements as enumerated in this chapter, which depicts the layout and design of the proposed use of a single parcel of land. Preliminary site plans are distinct and separate from preliminary subdivision plats.
SITE PLAN, SKETCHA rendering, drawing or sketch, not necessarily prepared to scale, containing the necessary elements as enumerated in this chapter, which depicts the layout and design of the proposed use of a single parcel of land. Sketch site plans are distinct and separate from sketch subdivision plats.
A review and approval process, conducted by the Planning
Board, whereby site plans for individual parcels of land are reviewed
utilizing criteria stated in this chapter.
Space open to the sun and clear of overhangs or shade.
Those particular uses that are conditionally permitted in
a given district only when specific criteria enumerated in this chapter
are met and for which a special use permit issued by the Town Planning
Board is required.
[Amended 6-22-2023 by L.L. No. 3-2023]
The portion of a building enclosed between the surface of
any floor and the surface of the floor next above it or, if no floor
is above it, then the space between any floor and the ceiling next
above it.
A public or private way used or intended to be used for passage
or travel by vehicle which, in addition, affords access to abutting
properties.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that, where
a future right-of-way width has been established, then that width
shall determine the location of the street line.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. For example, structures include buildings, manufactured homes,
walls, fences, signs, sheds, billboards and poster panels, docks,
and/or similar construction types.
The division of any parent parcel of land into two or more
lots with or without streets for the purpose of sale, lease, license,
improvements or other reason.
The subdivision of a parent parcel of land into five or more
lots.
The subdivision of a parent parcel of land into fewer than
five lots.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the assessed value of the
structure either before the improvement or repair is started, or if
the structure has been damaged and is being restored, before the damage
occurred.
Any body of water, or receptacle for water having a depth
of 24 inches or more at any point, used or capable to be used for
swimming, bathing, or wading, which is temporarily or permanently
installed or constructed, either above or below ground. Natural bodies
of water such as lakes and creeks and man-made bodies of water such
as farm ponds and quarries shall not be considered as swimming pools
for purposes of this definition.
Any commercial equipment used in connection with the provision
of wireless communication services, including cellular telephone services,
personal communications services, radio and television broadcast communications
and private radio communications services, and are regulated by the
Federal Communications Commission, both in accordance with the Telecommunications
Act of 1996 and other federal laws. A telecommunications facility
shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications
equipment and supporting masts, wires, structures, and buildings.
An activity or use conducted for a specified limited period
of time, which may not otherwise be permitted by the provisions of
this chapter not exceeding six months. This term shall include those
uses incidental to construction projects, festival tents/refreshments
stands, temporary real estate sales offices incidental to a subdivision
project, and similar type uses.
Uses and amenities, including rest rooms, snack bars, information
areas, public cultural and recreational facilities, places of public
assembly and self-service laundries.
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with private outside entrance.
The Planning Board of the Town of Owasco.
The specific purposes for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
Wood, metal or masonry building for the storage of personal
property. This excludes any devices previously used for highway use,
such as truck trailers or mobile homes.
Any departure from the strict letter of these regulations
granted by the Zoning Board of Appeals as it applies to a particular
piece of property. Variances run with the land and are not particular
to any one landowner.
An alternative energy device which converts wind energy by
means of a rotor to mechanical or electrical energy.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward which extends along a lot
line or street line and inward to the structure. The size of a required
yard shall be measured as the shortest distance between the structure
and a lot or street line.
In the case of a lot that is not a lakefront lot and which
abuts only one street, the front yard shall be the area that extends
the full width of the lot between the street line and the principal
structure. In the case of a through lot, the lot shall have two front
yards which shall be the areas that extend the full width of the lot
between the street lines and the principal building. In the case of
a corner lot, the lot shall have two or more front yards which shall
be the areas that extend the full width of the lot between the street
lines and the principal building. In the case of a lakefront lot,
the front yard shall be the area that extends the full width of the
lot between the lakeshore and the principal building. (See also definitions
for "corner lot," "through lot," "lakefront lot" and "lakefront frontage.")
The area extending the full width of the lot between the
rear lot line and the principal building. The rear yard for corner
lots shall be the yard on the side of the principal building opposite
the front yard.
The temporary displaying, for no more than two consecutive
days and no more than two times per year in the same location, of
household items and clothing for sale on a yard, porch or in a barn
or garage. Signs advertising such yard sales may be displayed prior
to the sale for a period of time not exceeding one week and shall
be removed within 48 hours after such sale. This term shall include
garage sales, barn sales, porch sales, tag sales and other sales similar
in nature.
The area between a side lot line and the principal building
extending from the front yard to the rear yard.
The Zoning Board of Appeals of the Town of Owasco
A certificate issued by the Zoning Enforcement Officer stating
that a structure or use is in compliance with this chapter.
The Town official designated to administer and enforce the
provisions of this chapter by granting of zoning permits in accordance
with the provisions of this chapter.
A document issued by the Zoning Enforcement Officer authorizing
the use of lots, structures, uses of land and structures, and the
characteristics of the uses in conformity with this chapter.