A swimming pool may be maintained as an accessory use in any
district subject to the following regulations:
A.
No swimming pool shall be constructed or erected until a building
permit is granted. Application for a building permit shall be accompanied
by a plan showing the exact location and construction of the pool,
filtering system, power supply, existing buildings, water, sewer,
power and gas lines, the method of disposal of wastewater and type,
size and location of fencing. A building permit shall be required
for any enlargement or other major alteration of a swimming pool.
B.
Yards. A swimming pool shall not be located in a front yard, and
the pool and the appurtenances thereto shall be located so as to have
a yard not less than five feet in width on all sides, except where
the pool is attached to a principal structure.
C.
Fences. Pools shall be surrounded by a fence or barrier at least
four feet in height, strong enough to make the pool inaccessible to
small children, and shall have a gate equipped with self-closing,
self-locking devices. Any structure adjacent to the pool may serve
as a portion of the fence. A pool whose basic structure or whose walls
have a minimum height of four feet, which provides fencing, will not
require separate fencing. However, with such pools, all stairs, pool
ladders or pool-entering devices must be removed or raised to prevent
access when the pool is not in use.
D.
Lighting. Pool lighting shall not shine or reflect onto adjoining
property.
E.
Overhead power lines. No overhead power lines shall pass over the
pool nor be maintained within 20 feet of the pool.
F.
Maintenance equipment. All heating, filtering, disinfectant and recirculating
equipment shall be located at least five feet away from property lines
and be effectively enclosed or screened from view from adjacent properties.
G.
Filling. No pool shall be filled between the hours of 7:00 a.m. and
8:00 p.m.
H.
Maintenance and abandonment of swimming pools.
(1)
Every swimming pool presently constructed or installed or hereinafter
constructed or installed shall be maintained at all times in such
manner as never to constitute a nuisance, hazard or menace to the
public health or safety.
(a)
The water contained in swimming pools shall, at all times, be
properly chlorinated and the quality maintained so as to be suitable
for human bathing and swimming.
(b)
At no time shall the water contained in a swimming pool or,
if the swimming pool has been drained, shall rain water or water from
some other source be permitted to accumulate or pond in the swimming
pool such that the water becomes stagnant and could harbor mosquito
larvae or other vector.
(2)
No in-ground swimming pool shall be abandoned, or its use permanently
discontinued, unless the owner of the property shall fill in the swimming
area with clean soil and restore the surface of the ground to its
original grade within 30 days of abandonment or discontinuance of
the use of the swimming pool.
(3)
If the pool is an aboveground swimming pool, the owner of the property
shall demolish the swimming pool, remove the demolition debris from
the property, and restore the land on which the swimming pool was
located to its original condition within 30 days of abandonment or
discontinuance of the use of the swimming pool.
(4)
Any such hazard that may exist or develop in or in consequence of
or in connection with any swimming pool shall be abated by the person
in possession, owning or having jurisdiction over such swimming pool
within 10 days of receipt of the notice from the City Code Enforcement
Officer.
(a)
In the event the person in possession, owning or having jurisdiction
over a swimming pool does not abate a swimming pool hazard or hazards
within 10 days of receipt of the notice from the City Code Enforcement
Officer or permits a swimming pool hazard or hazards to recur more
than three times during any one calendar year, the swimming pool shall
be deemed to be abandoned.
(b)
In the event the owner of the property on which a swimming pool has been abandoned or its use permanently discontinued shall fail to fill an in-ground swimming pool with clean soil, or demolish an aboveground swimming pool and remove the debris within 30 days after receipt of written notice from the Code Enforcement Officer, the person in possession, owning or having jurisdiction over such swimming pool shall be issued a court appearance ticket pursuant to § 280-100 of this chapter.
(c)
In the event that an abandoned or permanently discontinued in-ground
or aboveground swimming pool has not been filled in or removed resulting
from a court action, the City reserves the right to enter the owner's
property to fill in or remove the abandoned swimming pool. The cost
of filling or removal of a pool on the owner's property shall be charged
against the property upon which the pool exists, in the same manner
as a local assessment, provided for in the Charter of the City of
Oswego.
I.
Modifications. The Permit Administrator may make modifications to
these requirements in individual cases, with respect to the nature
or location of pools, fences, gates or locking devices, provided that
the protection as sought hereunder is not reduced.
In any residential district, the following regulations shall
apply:
A.
Vans, buses and trucks of more than 3/4 ton carrying capacity, motor vehicles used for drag or stock car racing and an abandoned, discarded or junked vehicle as defined in § 253-2 must be parked in an enclosed garage.
B.
Trailers, campers, boats, snowmobiles and other recreation vehicles
shall be parked in a garage or side or rear yard and no more than
two trailers, campers, boats, snowmobiles and other recreation vehicles
may be stored outdoors on a lot in a residential district. All outdoor
storage shall occur as inconspicuously as practicable on the lot.
(1)
Use of a parked trailer, camper or recreational vehicle for temporary
living quarters shall be limited to no more than 30 days per calendar
year.
A.
No utility, temporary storage (pod) or permanent storage building
shall be erected until a building permit has been issued therefor.
B.
No utility, temporary storage (pod) or permanent storage building
shall be erected in a front yard or public space.
C.
Utility, temporary storage (pod) and permanent storage buildings
up to 10 feet in height and not more than 144 square feet in area
may be permitted in side and rear yards, no less than six feet from
the side or rear property line.
D.
Any utility, temporary storage (pod), or permanent storage building
greater than 144 square feet in area, regardless of height, shall
be classified as an accessory building and shall conform to yard setback
and coverage requirements.
E.
For the purpose of this section, the height shall be measured from
the average ground grade to the highest point of the roof.
A.
No ground-mounted or roof-mounted solar panel structure shall be
erected until a building permit has been issued therefor.
B.
Solar panel structures shall not be erected in a front yard.
C.
Solar panel structures shall not be erected or mounted on facades
of buildings.
D.
Solar panel structures shall be classified as "accessory uses" and
conform to height limitations and lot coverage requirements of the
district in which the panels are located.
E.
Solar panel structures shall be set back from property lines 10 feet
in side yards and rear yards, or the height of the solar structure,
whichever is greater.
F.
For the purpose of this section, the allowed height of the solar
structure shall be measured from the average ground grade to the highest
point on the solar panel.
G.
Solar panels mounted on roofs shall not protrude more than 10 feet
above the peak of the roof or higher than the height limitation of
the principal building/accessory building, whichever is less.
H.
Solar panels shall not glare or reflect onto neighboring properties
in proximity to the panel installation.
[Added 11-23-2009]
A.
Purpose. It is the purpose of this section to regulate the placement,
construction and installation of wind-energy-producing systems while
promoting the safe, effective and efficient use of such systems. These
regulations relate to siting of wind-energy-producing systems in the
City of Oswego and do not address large-scale wind farms which are
typically intended to sell energy directly to power companies or retail
users.
B.
Findings. The City of Oswego finds and declares that wind energy
is an abundant, renewable and nonpolluting energy resource of the
City and that its conversion to electricity will reduce the City's
dependence on nonrenewable energy sources and decrease the air and
water pollution that results from the use of conventional energy sources.
C.
The City of Oswego further finds and declares that regulation of
siting and installation of wind turbines is necessary for the purpose
of protecting the health and safety of neighboring property owners
and the general public and for preserving the aesthetics of the community.
D.
EMERGENCY PROCEDURES PLAN
SYSTEM HEIGHT
TOWER
TOWER HEIGHT
TURBINE
WIND ENERGY SYSTEMS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A document filed with the Oswego Code Enforcement Office
detailing the procedures to shut down a wind energy system in case
of emergency.
With regard to a wind energy system, the combination tower
height plus blade length.
With regard to a wind energy system, the structure on which
the wind turbine is mounted.
With regard to a wind energy system, the height above grade
of the fixed portion of the tower.
The parts of a wind energy system, including the blades,
generator and tail.
A wind energy conversion system consisting of a wind turbine,
tower and associated control or conversion electronics which has a
rated capacity of no more than 25 kW for residential use and no more
than 125 kW for business zones and is not for resale to any other
individual and/or commercial entity, and not more than 1.5 MW systems
for industrial zones.
E.
Site plan review. The following submission guidelines shall be required
for Planning Board applications:
(1)
Wind system design.
(a)
Tower: The tower shall be either steel lattice or solid tube
monotower and designed to handle the maximum potential load as certified
by a New York State licensed engineer. In addition, under no circumstances
shall the height of the system exceed the height specified by the
manufacturer of the system.
(b)
Minimum blade height: The minimum distance between the ground
and the turbine blades must be 25 feet, measured at the lowest point
of the blade arc.
(c)
Color: The tower shall maintain a neutral, nonreflective exterior
color that blends with the surrounding environment.
(d)
Advertising: No wind tower, turbine, building or other structure
associated with a wind energy system may be used to advertise or promote
any product or service. A weather-resistant sign on the exterior of
the tower, no greater than two square feet in size, shall include
the name and address of the current owner, twenty-four-hour emergency
phone number and the model and serial number of the system. Such weather-resistant
sign shall be viewable by a Code Enforcement Officer. Such sign shall
also warn of electrical shock or high voltage. No other word or graphic
representation, other than appropriate warning signs, may be placed
on a wind turbine, tower, building or other structure associated with
a wind energy system so as to be viewable from any public road.
(e)
Lighting: Wind turbines shall be lighted only if required by
the Federal Aviation Administration (FAA). Lighting of other parts
of the wind facility, such as appurtenant structures, shall be limited
to that required for safety and operational purposes and shall be
designed to minimize glare on abutting properties and, except as required
by the FAA, be directed downward with full cutoff fixtures to reduce
light pollution.
(f)
Access to tower: The base of the tower shall not be climbable
for a distance of 15 feet or the tower shall be enclosed with a six-foot-tall
fence.
(g)
Emergency access: To the greatest extent possible, existing
roadways shall be used for access to the tower. In case a new roadway
must be constructed to access the wind energy system, it shall be
constructed to allow for the passage of emergency vehicles. Each application
shall include a letter from the Oswego Fire Department certifying
acceptable emergency access to the wind system.
(h)
System braking: The wind energy system shall be equipped with
an automatic braking, governing or feathering system to prevent uncontrolled
rotation, overspeeding and excessive pressure on the tower structure,
rotor blades, turbine components or enclosed shelter. The applicant
shall file an Emergency Procedures Plan with the City of Oswego Code
Enforcement Office explaining how the wind energy system may be shut
down in case of an emergency.
(2)
Plot plan and development drawings: All plans and drawings shall
be prepared by a New York State licensed engineer that describe the
following:
(a)
Property lines and physical dimensions of the proposed site,
including contours at five-foot intervals.
(b)
Location, dimensions and types of all existing structures and
uses on the site.
(c)
Location and elevation of the proposed on-site wind energy system.
(d)
Location and size of structures or trees above 30 feet within
a 500-foot radius of the proposed wind energy system.
(e)
Location of all roads and other service structures proposed
as part of the installation.
(f)
Location of all existing aboveground utility lines, transmission
towers and existing wind energy systems within 1,200 linear feet of
the site.
(g)
Where applicable, the location of all transmission facilities
proposed for installation.
(h)
Soil type at construction site, along with an engineering analysis
of the tower showing compliance with the Uniform Statewide Building
Code.
(i)
Line drawing of the electrical components in sufficient detail
to allow for a determination that the manner of installation conforms
to the National Electrical Code. This information can be supplied
by the manufacturer.
(j)
Compliance with the requirements contained in the New York State
net metering law and accompanying regulations unless the applicant
intends, and so states on the application, that the wind energy system
will not be connected to the utility grid.
(k)
Wind survey or other substantiation demonstrating that the proposed
site is capable of meeting the manufacturer's specified electrical
output. Any such wind survey or other substantiation must be conducted
at the exact proposed construction site so as to demonstrate the existence
of sufficient wind to power the system.
(l)
Landscape plan showing all existing natural land features, trees,
forest cover and all proposed changes to these features, including
size and type of plant material.
(m)
Shadow/flicker: Wind facilities shall be sited in a manner that
minimizes shadowing or flicker impacts. The applicant has the burden
of proving that flicker does not have significant adverse impact on
neighboring or adjacent uses through either siting or mitigation.
(n)
Land clearing, soil erosion and habitat impacts: Clearing of
natural vegetation shall be limited to that which is necessary for
the construction, operation and maintenance of the wind facility and
is otherwise prescribed by applicable laws, regulations and ordinances.
(o)
Scenic view impact: A wind energy system shall not be installed
in a location where the Planning Board determines the wind system
to be detrimental to the general neighborhood character. Final determination
of permissible system height and location on a lot shall be decided
by the Planning Board as part of the site plan review. A wind energy
system shall not be installed in a location that would substantially
detract from or block a scenic view, as viewed from any public road
right-of-way, publicly owned land or privately owned land within the
City of Oswego.
(p)
State Environmental Quality Review Act requirements: A full
environmental assessment form, including a visual impact analysis,
shall be submitted with the application for site plan review.
(q)
Visualizations: The Planning Board shall select between three
and eight sight lines, including from the nearest building with a
view of the wind facility, for preconstruction and postconstruction
view representations. Sites for the view representations shall be
selected from populated areas or public ways within a one-mile radius
of the wind facility. View representations shall have the following
characteristics:
[1]
Within 21 days of filing of a special permit, the applicant
shall arrange for a balloon test (with a balloon diameter of at least
eight feet), or a crane test, at the proposed site to illustrate the
height and position of the proposed tower. The date (and alternate
dates to allow for inclement weather), time and location of such test
shall be advertised in the City's official newspaper at least 15 days,
but not more than 21 days, prior to the primary date of the test.
The balloon or crane test shall be conducted for at least two days,
one of which shall be a Saturday or a Sunday.
[2]
The applicant will submit photographs showing the wind energy
system imposed on the photograph with the tower height established
in reference to a balloon flown to the proposed height at the site.
[3]
View representations shall be in color and include actual preconstruction
photographs and accurate postconstruction simulations of the height
and breadth of the wind energy system (e.g., superimpositions of the
wind facility onto photographs of existing views).
[4]
Scaled use shall depict a one-mile radius as not smaller than
2.7 inches, and the base map shall be a published topographic map
showing cultural features, buildings and tree coverage.
[5]
Each view representation shall include a description of the
technical procedures followed in producing the visualization (distances,
angles, camera lens, etc.).
(r)
Avian impact study: No impact study for birds and bats will
be required for residential wind systems of 100 feet and under; industrial
and commercial towers over 100 feet in height will require an avian
impact study.
F.
Required permits. No person, being the owner or occupant of any land
or premises within the City of Oswego, shall use or permit the use
of land or premises for the construction of a tower for an on-site
wind energy system without first obtaining site plan approval from
the Planning Board and a special use permit from the Zoning Board
of Appeals.
(1)
Special use permit: In addition to the criteria established by definition in § 280-91, the following criteria are hereby established for purposes of granting a special use permit for a wind energy system:
(a)
Ownership: Ownership of the wind energy system shall be the
same as the owner of the fee interest in the real property upon which
it is located. In the event of transfer of ownership of the property,
the ownership of the wind energy system shall also be transferred
to the new owner or the system shall be decommissioned and removed.
(b)
Zoning district lot requirements: Wind energy systems are permissible
in the SR, UR, CB, and Industrial districts only. A wind energy system
shall not be allowed on any parcel unless a main structure occupied
by inhabitants more than 25% of the time exists thereon. In any event,
there shall be no more than one wind energy system per parcel.
(c)
Net metering requirements: The applicant shall certify that
he/she will comply with the requirements contained in the New York
State net metering law and accompanying regulations unless the applicant
intends, and so states on the application, that the wind energy system
will not be connected to the utility grid.
(d)
Proximity to radio, television, telephone and wireless internet
systems: A wind energy system shall not be located in an area where
its proximity interferes with existing fixed broadcast, retransmission
or reception antennas for radio, television, or any microwave transmission
systems such as cell phone towers or wireless Internet transmission
systems.
(e)
Noise limitations: Noise emanating from wind energy systems
shall not exceed 50 decibels, as measured at the closest property
line. The maximum noise level may be exceeded during short-term events
such as severe storms involving high wind speeds (greater than 30
miles per hour).
(f)
Height: The height of the system shall not exceed 100 feet for
residential applications and 200 feet for commercial applications
and 300 feet for industrial applications.
(g)
Lightning protection: All wind energy systems shall have lightning
protection.
(h)
Underground electrical connection: All power lines from the
wind turbine to interconnecting electrical equipment must be located
underground and meet all applicable national and state electrical
codes, and underground power lines shall be recorded with the New
York Underground Facility Protection Organization (UFPO).
(2)
Setbacks: Wind energy systems shall comply with all setbacks within
the affected zoning district, in addition to the requirements listed
below. If setback requirements overlap between the affected zone and
this section, the more stringent requirement(s) supersede(s):
(a)
All wind energy systems will be placed in the rear yard.
(b)
Setback distances shall be equal to 125% of the system height
from all adjacent property lines.
(c)
Setback distances shall be equal to 125% of the tower fall/collapse
zone from any dwelling inhabited by humans on the proposed site.
(d)
Anchor points for guy wires for the on-site use of a wind energy
system tower shall be located no closer than five feet from the property
line and shall not be placed on or across any aboveground electric
transmission distribution lines. Cover all anchors and guy wires.
All guy covers or cables shall be colored with high visibility orange
or yellow paint for 10 feet above the ground.
G.
Public hearing. No action shall be taken by the Zoning Board of Appeals
to issue a special use permit until after a public notice and hearing.
Notice of the public hearing shall be published in the official newspaper
of the City of Oswego at least 10 days before the date set for such
hearing, and written notice of the hearing shall be mailed to the
applicant or his/her agent at the address provided in the application
at least 10 days before such hearing. The City of Oswego Zoning Office,
in turn, shall be responsible for notifying, by USPS certified mail,
all property owners of record within 200 feet of the boundary line
of the property to which the application relates of the time, date
and place of such public hearing at least 10 days prior to such hearing.
Notice shall be deemed to have been given if mailed to the property
owner at the tax billing address listed on the property tax records
of the City Assessor. Failure of the property owners to receive such
notice shall not be deemed a jurisdictional defect.
H.
Waiver. The City of Oswego Planning Board may, under appropriate
circumstances, waive one or more of the submission requirements contained
herein.
I.
Insurance. Prior to the issuance of any special use permit under
this chapter, the applicant shall provide the Zoning Board of Appeals
proof, in the form of a duplicate insurance policy or a certificate
issued by an insurance company, that liability insurance has been
obtained to cover any property damage or personal injuries which might
result from the failure of the wind energy system or any part thereof.
In the event of a transfer of ownership of the property containing
a wind energy system, the new owner shall be required to provide the
Zoning Board of Appeals proof that it has obtained the requisite property
and personal liability insurance coverage under this section. An insurance
policy issued under this section shall provide for notice to the Zoning
Board of Appeals in the event that such policy is cancelled. Such
insurance policy may be an existing homeowners' or farm insurance
policy for the property on which the wind energy system is to be located.
The Oswego Common Council, in consultation with the City of Oswego's
insurers, may set the level of insurance required under this section
at whatever level it deems adequate.
J.
Power to impose conditions. In granting any site plan approval, special
use permit or variance for an on-site wind-energy-producing system,
the Zoning Board of Appeals or Planning Board, as the case may be,
may impose reasonable conditions to the extent that such Board finds
that these conditions are necessary to minimize any adverse effect
or impact on neighboring properties or on the community.
K.
Inspections. The Code Enforcement Office shall have the right at
any reasonable time to enter, in the company of the owner or his/her
agent, the premises on which a wind energy system is being or has
been constructed to inspect all components of the installation. When
practicable, the City officers shall provide the owner with written
notice of his/her intent to conduct an inspection at least 24 hours
before such inspection. Upon inspection, the City officers may order
the owner to make repairs or alterations to the system in the event
that the system is deemed deficient or dangerous and may order that
the wind energy system cease operation until such repairs or alterations
are made. In the event that the wind energy system is deemed to pose
an immediate danger to life or property, the City officers shall have
the right to enter the property forthwith, without the owner being
present, and to take such action as is deemed reasonably necessary
to eliminate such danger.
L.
Failure to repair. In the event the owner of a wind energy system
fails to make the repairs or alterations requested by the City officers
within 60 days, the City officers shall order the owner to remove
the wind turbine and all accessory structures from the property within
45 days. If the owner fails to remove the tower within such time,
the City shall arrange to have the wind turbine and all accessory
structures removed. The total expense of such removal shall constitute
a lien on the real property on which the wind turbine and accessory
structures were located until paid or otherwise satisfied or discharged.
M.
Nonuse. If any wind energy system is not operated for a continuous
period of six months, the City will notify the owner by registered
mail and provide 45 days for a response.
(1)
In the response, the owner shall set forth reasons for the operational
disruption and provide a timetable for corrective action. Such timetable
for corrective action shall not exceed 45 days.
(2)
If the owner is unable to place the wind energy system back in service
on or before 120 days from the date the City mailed the notice required
under this section, the owner shall remove the wind turbine and all
accessory structures from the site, as well as restore the site to
its original condition, within 30 days. Failure to remove the wind
turbine/accessory structures and restore the site in accordance with
these regulations shall be a violation of this chapter. In the event
the owner fails to remove the wind turbine/accessory structures and
restore the site as required by this section, the City may arrange
to have such work completed. The total expense of such work shall
constitute a lien on the real property upon which the wind turbine
and accessory structures were located until paid or otherwise satisfied
or discharged.
District building height regulations shall not apply to the
following structures placed on top of buildings: flagpoles, radio
or television antennas, transmission towers or cables, spires or cupolas,
chimneys, elevators or stair bulkheads, penthouses, parapets or railings,
water tanks or cooling towers or any similar structures or accessory
uses, provided that no such structures in their aggregate coverage
occupy more than 10% of the roof area of the building and do not protrude
more than 10 feet above the roof line.
A.
Use of required yards. No principal or accessory use shall be located
in any required front or side yard unless specifically permitted by
the regulations of the district in which the use is located.
B.
Corner lots. On a corner lot, each side which abuts a street shall
be deemed a front lot line, and the required yard along each such
lot line shall be a required front yard. The owner may decide which
of the remaining yards shall be the required side yard and the required
rear yard.
C.
Side yards for attached buildings. Side yards for semidetached houses
or row houses shall be required in the end lots of the total structure.
D.
Through lots. For any through lot fronting on parallel or abutting
streets, both frontages shall comply with the front yard requirements
of the district in which it is located.
E.
Principal buildings on the same lot. If two or more principal residential
buildings are located on the same lot, one building's exterior walls
containing windows shall be separated from the nearest point on any
adjacent building by a horizontal distance, perpendicular to the wall
with windows, equal to at least twice the width of the required side
yard for the particular district in which the buildings are located.
F.
Accessory buildings.
(1)
Accessory buildings unattached to principal buildings shall be no
closer to the principal buildings than 12 feet or a distance equal
to the height of each such accessory building, whichever is the greater.
(2)
Any accessory building physically attached to a principal building
is deemed part of such principal building in applying bulk regulations.
G.
Where property and building lines are not parallel, yard setbacks
shall be based on an average of the two extreme dimensions at each
building line and the absolute allowable minimum yard setback in each
case being at least 50% of the required setback as stated in other
sections of this chapter.
A.
Open fire escapes may project beyond the building line a maximum
of six feet into required side or rear yards or courts. They may not
project into required front yards or usable open spaces nor shall
they be placed on walls facing toward a street, except with the permission
of and in compliance with conditions imposed by the Common Council
of the City of Oswego, New York.
B.
An arbor, open trellis, flagpole, unroofed steps, unroofed terrace
(not more than three feet above ground level) or recreation, athletic
or drying yard equipment shall be permitted in any required yard,
court or usable open space.
C.
Other permitted projections beyond the building line into a required
yard, court or usable open space are:
A.
Required area. For every multiple-family dwelling unit there shall
be provided an area of at least 300 square feet of usable open space.
B.
Location. Such required usable open space may be provided in more
than one plot.
C.
Slope. The maximum slope of required usable open space shall not
exceed 5%.
D.
Planning Board review. The Planning Board in its review of the site
plan for any multiple-family development may require active recreational
equipment to be installed and maintained to serve the needs of residents.
A.
Location. No drive-thru facility shall be located within 500 feet
of any lot line of a day-care center, school or place of worship.
B.
Traffic impact. The Planning Board shall in each individual case,
consider the potential traffic impact of the proposed drive-thru facility
on the adjoining road system and on the parking areas affected. Where
said Board determines that such traffic may have a significant, adverse
impact, it may deny the application or it may require such reduction
in scale or other modification of the size and nature of the proposed
facility as, in the opinion of said Board, will be adequate to reduce
the estimated impact to an acceptable level.
C.
Waste material. All waste material shall be stored in rodentproof
containers which shall be kept in a screened or enclosed location
and shall be removed from the premises each day, with the exception
of Sundays and holidays.
A.
Home occupations shall be carried on wholly within the dwelling or
an accessory building to the equivalent of 1/3 the ground floor area
of the dwelling.
B.
Not more than one nonresident person outside the family shall be
employed.
C.
There shall be no exterior storage of materials used in the occupation
and no storage in any location of merchandise available for sale on
the premises.
D.
The traffic generated by such home occupation shall not increase
the volume of the traffic, pedestrian or vehicular, so as to create
a traffic hazard or disturb the residential character of the immediate
neighborhood.
E.
No retail sales of goods, except those produced on the premises and
those which are clearly incidental to the providing of service involved
in the home occupation, and no other exterior indication of the home
occupation or variation from the residential character of the principal
building are permitted.
F.
Home occupation includes artists, baby-sitting, cooking, drafting,
dressmaking, laundering, upholsterer, photographer, professional residence-office
and other trades and businesses of a similar nature.
G.
Home occupation excludes the following uses: animal hospitals, antique
or other retail sales involving merchandise for sale on the premises,
barber or beauty shops, clinics, commercial stables or kennels, convalescent
homes, garages or repair of motor vehicles, electrical, radio and
television repair, furniture refinishing, mortuary, music or dancing
instruction in groups, restaurants, woodworkings, machine shops, pattern
making, sheet metal shops, tinsmithing shops, animal grooming, contracting
offices and other trades and businesses of a similar nature. Furthermore,
if a use is prohibited in a district, it is prohibited as a home occupation
in that district.
H.
Home occupations shall be compatible with the residential use of
the property and the neighborhood.
I.
In no case shall a home occupation be open to the public at times
earlier than 8:00 a.m. nor later than 8:00 p.m.
J.
A home occupation may be carried out in the home in a residential
district without obtaining a special permit as a home occupation under
this chapter, as long as the activity is carried out exclusively by
a permanent inhabitant of the residence, the activity brings no clients
or customers to the residence, and no sign of any sort relating to
the activity is displayed on or at the residence. Nonetheless, such
a home occupation shall observe all limitations imposed on home occupations
in this chapter.
No use shall be established through the Planned Development
District, site plan or special permit approval processes, nor otherwise
be permitted in conformance with this chapter, that does not comply
with the following environmental performance standards of use, occupancy
and operation, in addition to all applicable local, state and federal
laws or regulations. Continued conformance with such standards, once
applicable, shall be a requirement for the continuance of any certificate
of occupancy.
B.
Odor. Unless permitted by applicable local, state or federal law
or regulation, the emission of any offensive or obnoxious odor discernible
at the property line of the lot from which the odor is emitted is
prohibited.
C.
Toxic or noxious materials. Unless permitted by applicable local,
state or federal law or regulation, no land use or operation shall
be permitted which permits or causes the escape of any toxic or noxious
materials, including fumes, gases or other matter, outside the building
in which the use is conducted.
D.
Smoke and other particulate matter. In no case shall the emission of smoke or other particulate matter violate the City of Oswego Code, including § 149-27B of this Code,[2] or any applicable air resource local, state or federal
law or regulation. Unless permitted by applicable local, state or
federal law or regulation, smoke, measured at the point of emission,
of a shade that is darker than No. 3 on the Ringelmann Chart, shall
be prohibited.
E.
Fire and explosive hazards. There shall be no activities or storage involving flammable and/or explosive materials without adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry and except in accordance with all applicable local, state and federal laws and regulations, including this Chapter 126 of this Code.[3] All applicable requirements of the New York State Uniform
Fire Prevention and Building Code, New York State Department of Environmental
Conservation regulations, as well as the provisions of the National
Fire Protective Association (NFPA) Code, shall be fully observed.
F.
Radioactivity or electromagnetic disturbance. No activity shall be permitted which emits dangerous radioactivity beyond the building in which such activity is located, and the handling, storage or disposal of radioactive materials or waste by-products shall be conducted in strict accordance with applicable state and federal requirements, including § 126-23A, § 199-60B(11)[4] and § 207-3B(4)[5] of this code. No activity shall be permitted which causes
electrical disturbance adversely affecting the operation of radios,
televisions or any equipment other than that of the creator of such
disturbance unless state or federal regulation requires such operation
to be permitted.
G.
Heat. Unless permitted by applicable local, state or federal law
or regulation, no unreasonable heat shall be produced that is perceptible
beyond the boundaries of the lot on which such use is situated. A
rise in temperature of 1° F. along any adjoining property line
shall be considered perceptible.
H.
Lighting and glare. Unless permitted by applicable local, state or
federal law or regulation, no unreasonable reflected or direct glare
caused by any process, lighting or reflecting material in a degree
to be objectionable shall be permitted at any property line or beyond.
I.
Insects, rodents and vermin. Storage of any material or waste either
indoors or outdoors in such a manner that it facilitates the breeding
of insects, rodents or vermin is prohibited.
J.
Vibration. No activity shall cause or create a steady-state or impact
vibration discernible at any lot line in accordance with the following
method of measurement:
(1)
Method of measurement. For the purpose of measuring vibration, a
three-component measuring system approved by the Code Enforcement
Office shall be employed.
(2)
Maximum permitted steady-state and impact vibration displacement.
No activity shall cause or create a steady-state or impact vibration
displacement by frequency bands in excess of that indicated in the
following table:
|
Vibration Displacement
| ||
|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
(inches)
|
Impact
(inches)
|
|
Under 10
|
0.0005
|
0.0010
|
|
10 to 19
|
0.0004
|
0.0008
|
|
20 to 29
|
0.0003
|
0.0006
|
|
30 to 39
|
0.0002
|
0.0004
|
|
40 and over
|
0.0001
|
0.0002
|
With regard to any internal conversion of a dwelling permitted
by this chapter, the following limitations shall apply:
A.
Internal conversion of an attached garage or porch to living space.
With regard to the internal conversion of an attached garage or porch
to living space, a kitchen shall not be installed unless it is replacing
an existing kitchen.
B.
Internal conversion of preexisting nonconforming use for additional
living space. With regard to the internal conversion of preexisting
nonconforming use for additional living space, a kitchen shall not
be installed unless it is replacing an existing kitchen.
Only new two-family dwellings are allowed by special use permit
in the TN2 and SR districts. Conversions of existing dwellings into
two-family dwellings are not permitted.
No residential dwellings are permitted on the first floor in
the TD and TB Districts.
A.
Notwithstanding any other portion of this Code, group residences
shall have no more than eight occupants residing in such a facility
when such facility is located in the TN2 and UR districts.
B.
Furthermore, notwithstanding any other portion of this Code, substance
abuse rehabilitation centers shall have no more than eight occupants
residing in such a facility when such facility is located in the SR
District.
