Town of Owasco, NY Article I General Provisions

§ 150-1 Title.

This chapter shall be known and cited as the "Zoning Code of the Town of Owasco."

§ 150-2 Compliance; applicability to existing uses and structures.

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.

§ 150-3 Purpose.

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.

§ 150-4 Interpretation.

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.

§ 150-5 Word usage and definitions.

[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. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY

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.

ACCESSORY BUILDING OR STRUCTURE

(1) A detached building or structure which:

(a) Is customarily incidental and subordinate to, and serves a principal building;

(b) Is subordinate in area, extent or purpose to the principal building served;

(c) Contributes to the comfort, convenience or necessity of occupants of the principal building use; and

(d) Is located on the same parcel as the principal building.

(2) 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.

ACCESSORY FURNACE BUILDING

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.

ACCESSORY USE

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.

AGRICULTURE (FARMING)

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.

ALTERATION

As applied to a building or structure:

(1) 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;

(2) An enlargement of a building or structure, whether by extending on a side or by increasing in height;

(3) The moving from one location or position to another;

(4) 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

(5) The installation, replacement or alteration of mechanical systems.

ALTERNATIVE ENERGY 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

ALTERNATIVE MEMBER OF THE PLANNING BOARD

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.

ALTERNATIVE MEMBER OF THE ZONING BOARD OF APPEALS

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.

ANIMAL HOSPITAL or VETERINARY CLINIC

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.

ANIMAL HUSBANDRY

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.

ANIMAL UNIT

The equivalent of 1,000 pounds of farm animal.

ANTENNA(S)

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).

APARTMENT

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.

BASEMENT

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.

BED-AND-BREAKFAST INN

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.

BUFFER AREA

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.

BUILDING

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.

BUILDING AREA

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.

BUILDING CODE

The Codes of New York State.

BUILDING COVERAGE

That percentage of the plot or lot area covered by a building area.

BUILDING HEIGHT

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.

BUILDING LINE

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.

BUILDING PERMIT

A document issued pursuant to the Codes of New York State by the Code Enforcement Officer authorizing the construction of structures.

BUILDING, PRINCIPAL

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.

CABANA

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.

CABIN or COTTAGE

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.

CAMPGROUND

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.

CARPORT

A roofed structure without enclosing walls, used for the storage of one or more vehicles.

CELLAR

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.

CEMETERY or BURIAL GROUND

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.

CERTIFICATE OF COMPLIANCE

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.

CERTIFICATE OF OCCUPANCY

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.

CHURCH

Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.

CLEAR SIGHT TRIANGLE

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.

CLUB

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.

CLUSTER DEVELOPMENT

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.

COMMERCIAL VEHICLE

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.

COMMON AREA

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.

COMMUNICATION TOWER

See "telecommunications facility."

COUNTY PLANNING BOARD

The Planning Board of the County of Cayuga.

CURB CUT

The opening along a street at which point vehicles may enter or leave the roadway.

DEVELOPMENT

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.

DRIVEWAY

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.

DRIVEWAY APRON

The portion of a driveway that is located within a public right-of-way and which abuts a public street or alley.

DWELLING

Any building or portion thereof designed or used exclusively as a residence or sleeping place for one or more persons.

(1) DWELLING, SINGLE-FAMILY A building arranged for and containing one dwelling unit.

(2) DWELLING, TWO-FAMILY A building arranged for and containing two dwelling units.

(3) DWELLING, MULTIPLE A building arranged for and containing more than two dwelling units.

DWELLING UNIT

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.

EASEMENT

A specified (limited) use of private land for a public or quasi-public purpose.

EFFICIENCY APARTMENT

A multiple dwelling unit in which the sleeping area and living room are one.

ESSENTIAL SERVICES and PUBLIC UTILITIES

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."

FAMILY

One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit.

FARM

See "agriculture."

FARM ANIMAL

Shall include horses, cows, steers, goats, sheep, pigs, rabbits, fowls, llamas, and other similar animals.

FARM BUILDING

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.

FARMER

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.

FARM MARKET

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.

FARM PRODUCE STAND OR SEASONAL ROADSIDE STAND

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.")

FENCE

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.

FENCE HEIGHT

The distance measured from the average grade to the top of the fence.

FLAG LOT

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.

(1) 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.

(2) 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.

FLOOD HAZARD AREA

Refer to Chapter 78 of the Owasco Town Code entitled "Flood Damage Prevention."

FLOOR AREA, GROSS

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.

FLOOR AREA, HABITABLE

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.

FRONTAGE

For lots that do not abut Owasco Lake, the distance between the side lot lines measured at the street rights-of-way.

FRONTAGE, LAKEFRONT

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.

GARAGE

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.

GREEN SPACE

Land areas covered only by grass, trees or other vegetation.

HARD SURFACE

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.

HOME OCCUPATION

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.

HOSPITAL

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.

HUNTING/FISHING CLUB

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.

KENNEL, COMMERCIAL

Any lot or premises on which the commercial breeding, raising, boarding or selling of animals customarily considered domestic pets occurs.

LOADING SPACE, OFF-STREET

Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles.

LOT

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.

(1) LOT AREA The total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way.

(2) CORNER LOT A parcel of land at the junction of and fronting on two or more intersecting streets.

(3) THROUGH LOT An interior lot having frontage on two parallel or approximately parallel streets.

(4) LAKEFRONT LOT Any lot that abuts Owasco Lake. For purposes of this definition, lots that abut the Owasco Lake Outlet shall not be considered lakefront lots.

(5) LOT DEPTH For 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.

LOT LINE

Any boundary line of a lot:

(1) LOT LINE, FRONT For 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.

(2) LOT LINE, REAR The lot line opposite and most distant from the front lot line.

(3) LOT LINE, SIDE Any lot line other than a front or rear lot line.

LOT OF RECORD

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.

LOT WIDTH

The width of the lot between side lot lines at the front building line as prescribed by the front yard and setback regulations.

LOW-WATER MARK

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.

MANUFACTURED HOME

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.

MANUFACTURED HOME PARK

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.

MANURE STORAGE FACILITY

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.

MARINA

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.

MODULAR HOME

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.

MOTEL

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.

MOTOR VEHICLE

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.

NONCONFORMING STRUCTURE OR LOT

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.

NONCONFORMING USE

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.

NURSING OR CONVALESCENT HOME

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.

OPEN SPACE

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.

OPEN STORAGE

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.

PARKING, OFF-STREET

An off-street area with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.

PARKING SPACE

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.

PARK OR RECREATION AREAS, PUBLIC

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.

PARK, PRIVATE, NONCOMMERCIAL

Outdoor recreation facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

PARTY WALL

A wall on an interior lot line used or adapted for joint services between two buildings or structures.

PERMITTED USE

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.

POND, FARM

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.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located.

PRINCIPAL USE

The main or primary purpose for which a building, structure or lot is to be used.

PUBLIC AND SEMIPUBLIC USES

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:

(1) Cemeteries and associated uses.

(2) Churches, places of worship, parish houses and convents.

(3) Public or semipublic parks, playgrounds and recreational areas when authorized or operated by a governmental authority, school, or religious institution.

(4) Nursery schools, elementary schools, high schools, colleges, or universities.

(5) Public libraries and museums.

(6) Not-for-profit fire, ambulance and public safety buildings.

(7) Administrative office buildings and related facilities operated by public agencies.

(8) 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.

(9) Not-for-profit membership corporation or club established for cultural, social, or recreational purposes.

(10) Day-care centers approved by the New York State Department of Social Services.

PUBLIC UTILITIES

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.

RECREATIONAL VEHICLE

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:

(1) TRAVEL TRAILER A 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.

(2) TENT CAMPER A portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.

(3) TRUCK CAMPER A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:

(a) SLIDE-IN CAMPER A portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.

(b) CHASSIS-MOUNT CAMPER A portable unit designed to be affixed to a truck chassis.

(4) MOTOR HOME A vehicular unit built on a self-propelled motor vehicle chassis.

RECREATION FACILITY, OUTDOOR

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.

RESIDENTIAL CONVERSION

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.

RETAINING WALL

A wall built to keep a bank of earth from sliding.

RIDING ACADEMY or RIDING STABLE

A horse stable used for the purpose of renting horses or ponies for rides, riding lessons, or for training of horses for specific purposes.

RIGHT-OF-WAY

Land set aside for use as a street, alley, or other means of travel.

RIGHT-OF-WAY LINE

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.

ROADSIDE STAND

See "farm produce stand."

SETBACK

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."

SEWER, PRIVATE

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."

SEWER, PUBLIC

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."

SIGHT DISTANCE

The maximum extent of unobstructed vision along a street from a vehicle located at any given point on the street.

SIGN

(1) 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.

(a) SIGN, ON-PREMISES A 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."

(b) SIGN, OFF-PREMISES A sign that directs attention to a person, business, profession, product, home occupation or activity not conducted on the same lot.

(c) SIGN, ATTACHED A sign affixed to or applied on the wall of a principal structure.

(d) SIGN, FREESTANDING Any 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.

(2) 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.

(3) Definitions for other types of signs:

(a) AWNING SIGN Any visual message incorporated into an awning attached to a building.

(b) BANNER SIGN Any 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.

(c) BILLBOARD SIGN Any 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.

(d) CHANGEABLE LETTER SIGN A sign where the supporting frame or structure is permanent and only the letters, displays or illustrations thereon are changeable or temporary.

(e) CONSTRUCTION SIGN Any 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.

(f) DIRECTIONAL SIGN A sign limited to providing information on the location of an activity, business or event.

(g) FREESTANDING OR PEDESTAL SIGN Any 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.

(h) ILLUMINATED SIGN Any sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, which includes reflective and phosphorescent light.

(i) PORTABLE SIGN A 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.

(j) PROJECTING SIGN A sign which is attached to the building wall or structure and which extends horizontally from the place of such wall or structure.

(k) REAL ESTATE SIGN Any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

(l) REPRESENTATIONAL SIGN A three-dimensional sign built so as to physically represent the object advertised.

(m) ROOF SIGN Any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.

(n) DIRECTORY SIGN A listing of two or more business enterprises, consisting of a matrix and sign components.

(o) TEMPORARY SIGN A sign related to a single activity or event having a duration of no more than 30 days.

(p) WALL SIGN A 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.

(q) WINDOW SIGN A 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.

SIGN FACE AREA

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.

SIGN STRUCTURE

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.

SITE PLAN

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.

(1) SITE PLAN, FINAL A 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.

(2) SITE PLAN, PRELIMINARY A 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.

(3) SITE PLAN, SKETCH A 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.

SITE PLAN REVIEW

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.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade.

SPECIAL PERMIT USES

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]

STORY

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.

STREET

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.

STREET LINE

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.

STRUCTURE

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.

SUBDIVISION

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.

SUBDIVISION, MAJOR

The subdivision of a parent parcel of land into five or more lots.

SUBDIVISION, MINOR

The subdivision of a parent parcel of land into fewer than five lots.

SUBSTANTIAL IMPROVEMENT

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.

SWIMMING POOL

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.

TELECOMMUNICATIONS FACILITY

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.

TEMPORARY USE

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.

TOURIST FACILITIES

Uses and amenities, including rest rooms, snack bars, information areas, public cultural and recreational facilities, places of public assembly and self-service laundries.

TOWNHOUSE

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.

TOWN PLANNING BOARD

The Planning Board of the Town of Owasco.

USE

The specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

UTILITY SHED

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.

VARIANCE

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.

WIND GENERATOR

An alternative energy device which converts wind energy by means of a rotor to mechanical or electrical energy.

YARD

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.

YARD, FRONT

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.")

YARD, REAR

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.

YARD SALE

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.

YARD, SIDE

The area between a side lot line and the principal building extending from the front yard to the rear yard.

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Owasco

ZONING CERTIFICATE OF COMPLIANCE

A certificate issued by the Zoning Enforcement Officer stating that a structure or use is in compliance with this chapter.

ZONING ENFORCEMENT OFFICER

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.

ZONING PERMIT

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.