The Common Council of the City of Oswego, in Oswego County, New York, acting under the authority of Article 2-A of the General City Law of the State of New York, hereby adopts and enacts this chapter as a comprehensive amendment to the ordinance known as the "Zoning Ordinance of the City of Oswego, New York," adopted May 28, 1940, readopted May 12, 1980, and all subsequent amendments thereto.
This chapter shall be known as the "Zoning Ordinance of the City of Oswego, New York."
The purpose of this chapter, regulations and the zoning districts as outlined on the Zoning Map is to promote orderly growth and guide future development in accordance with a comprehensive plan, including the City of Oswego 2020 Vision Plan, adopted in June 2002, and the City of Oswego 2020 Strategic Plan, adopted in January 2011, to promote public health, safety, comfort, convenience, economy, aesthetics and general welfare and to promote:
Safe and attractive neighborhoods;
The most appropriate use of land to conserve and enhance property value and protect neighborhoods from incompatible activities;
The character of existing historic areas, scenic areas and waterways and, where appropriate, to emphasize historic preservation;
Tourism and economic development;
A vibrant, revitalized downtown district;
The provision of transportation, water, sewerage, schools, parks and other public requirements;
The appearance of the City as a whole by implementing design standards for the exterior appearance of structures and by controlling the use and maintenance of signs;
The appropriate use of the waterfront, including adequate public access to the waterfront;
Compliance with all applicable laws, rules and regulations, local, county, state and federal, governing the use and development of land and the use of structures within the City;
Implementation of the City of Oswego 2020 Vision Plan, adopted in June 2002, and the City of Oswego 2020 Strategic Plan, adopted in January 2011; and
Any other purposes specified herein.
This chapter's regulations and zoning districts have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land.
This chapter, its regulations and zoning districts establish comprehensive controls regulating the location, construction, alteration and use of buildings and structures and the development and use of land within the City of Oswego and, for said purposes, divides the City into zoning districts as described herein.
Except as hereinafter provided, no building or structure shall be built, erected, moved, altered or extended and no land, building or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located.
In the interpretation and application of the provisions of this chapter, the regulations set forth below shall govern:
Interpretation of intent of chapter. The provisions of this chapter shall be regarded as the minimum requirements for the protection and promotion of the health, safety and general welfare of the public.
Conflict between laws. This chapter is not intended to interfere with, abrogate or annul any other ordinance, regulation or other provisions of law. When this chapter imposes restrictions different from those imposed by any other statute, ordinance, regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
Existing prior permits and variances. This chapter is not intended to abrogate or annul any building permits, certificates of occupancy, variances or other lawful permits issued before the effective date of this chapter.
The City of Oswego is hereby divided into the following zoning districts:
All land in the City of Oswego shall fall within one of the established land use control districts as shown on the City of Oswego Zoning Map, hereinafter "Zoning Map," which accompanies this chapter. The zoning districts are shown, defined and bounded on the Zoning Map. The Zoning Map is hereby made a part of this chapter and shall be on file in the office of the City Clerk.
Where uncertainty exists with respect to the boundaries of any of the districts as shown on the Zoning Map, the following rules shall apply:
Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such lines shall be construed to be coincident with said boundaries.
Where district boundaries are so indicated that they are approximately parallel to center lines or right-of-way lines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as is indicated on the Zoning Map. If no such distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
Where district boundaries are so indicated that they follow the lot lines approximately, said district boundaries shall be construed to be coincident with such lot lines.
Where the boundary of a district follows a railroad line, such boundary shall be construed to be located midway between the main tracks of said railroad line.
Where the boundary of a district follows the Oswego River or a stream, such boundary shall be construed to be at the midpoint, or coincident with the center line, of the river or of such stream.
Where the boundary of a zoning district follows the Lake Ontario shoreline, the district boundary shall be construed to be such shoreline coincident with the limits of the City of Oswego; but if in the future water areas are filled and the shoreline advanced or if docks, piers and such other structures attached directly to the shoreline, or not directly attached but forming part of the physical facilities located on the shore, are constructed, such zoning district shall include these areas and facilities.
In all other cases, where dimensions are not shown on the Zoning Map, the location of the boundaries shown on said map shall be determined by use of the scale appearing thereon.
If a lot is divided by a zoning district boundary, the respective district regulations shall apply to each portion of the lot, except that:
The regulations of the more restrictive district may be applied to the entire lot.
The Board of Appeals may establish requirements within the intent of this chapter which represent a compromise between the requirements of the districts involved and which are approximately proportional to the area of the lot that lies within each different district. In no case shall such requirements be less restrictive than the regulations in the least restrictive district.