Words used in the present tense include the future. Words used
in the singular number include the plural, and words used in the plural
number include the singular, unless the context clearly indicates
the contrary. The word "shall" is always mandatory. The word "may"
is permissive. A "building" or "structure" includes any part thereof.
"Building or other structure" includes all other structures of every
description regardless of dissimilarity to conventional building forms.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for." The word "person" includes
a corporation, a limited liability company, or a partnership, as well
as an individual. The word "lot" includes the word "plot" or "parcel."
As used in this chapter, the following terms shall have the
meanings indicated:
Land having a common property line or district boundary line
or separated only by a private street, alley or easement.
To calculate lot area herein, an acre consists of 43,560
contiguous square feet.
That which is barely sufficient or suitable; as much as necessary,
average or fair.
Any use of land immediately next to, or contiguous with,
any existing or proposed use of land permitted as of right or by special
permit, in any zoning district established herein.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which offers for sale or rental
for any form of consideration any one or more of the following on
35% or more of its sales floor:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or anatomical areas and still be categorized as
an adult bookstore or adult video store so long as one of its principal
business purposes is the offering for sale or rental for consideration
the specified materials which depict or describe specified sexual
activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown to six or more patrons, which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Any announcement, description or presentation calling public
attention to goods or services offered for sale.
Crops, livestock and livestock products as generally set
forth in § 301, Subdivision 2, 301(2) of the New York Agriculture
and Markets Law.
Management of land for agriculture; truck gardens; horticulture;
or orchards, including the sale of products grown directly on such
land and including the construction, alteration or maintenance of
fences, agricultural roads, agricultural drainage systems and farm
ponds. The raising of cows, horses, pigs, poultry and/or other livestock
is prohibited.
Nonagricultural products typically sold at a farm market
to attract customers and promote the sale of agricultural products.
Such items include but are not limited to all agricultural and horticultural
products, animal feed, baked goods, ice cream and ice cream based
desserts and beverages, clothing and other items promoting the farm
enterprise operating the farm market and agriculture in New York.
Landing fields, aircraft parking and service facilities,
passenger and baggage terminals, and related facilities for operation,
service, fueling, repair, storage, charter, sales and rental of aircraft,
operated by an airport authority or governmental entity.
A narrow service way providing a secondary means of access
to abutting properties.
A change or rearrangement in the structural or nonstructural
parts of a building or structure or an enlargement other than repairs
and modification in building equipment.
Any public place of amusement or public place of business
in which five or more mechanical amusement devices are installed,
and includes any place open to the public, whether or not the primary
use of the premises is devoted to the operation of such amusement
devices.
An establishment where a full range of medical services are
provided to small and/or large animals by one or more veterinary doctor
and staff. This use shall be deemed to include, as necessary for treatment
or observation, overnight animal boarding for not more than five animals.
A lot and/or building or part thereof used for the care of
lost, abandoned or neglected animals.
Retail sales of relics or objects generally 50 years of age
or older.
Any person who shall submit an application, permit, plans
or related information for approval pursuant to this chapter.
A person licensed and registered as an architect by the State
of New York or who has been issued a limited permit to practice architecture
in the State of New York.
A place where art such as paintings, sculptures or other
works are created, exhibited or sold.
That space of a building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as 1/2 story in determining the permissible number
of stories.
The dismantling or disassembling of used motor vehicles or
trailers or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts.
A facility including buildings and land area where auto wrecking
occurs.
Repairs that produce relatively high levels of noise, vibration
and fumes and, more specifically, include the following types of repairs
to motor vehicles: auto body customizing; sun roof installation; auto
body sheet metal, fiberglass or plastic repair, replacement, prepping
or painting; auto body or frame media blasting; chassis and frame
cleaning, fabrication, straightening or welding; transmission repair
and replacement; any other types of automotive work not included in
the definition of "automotive repair."
Repairs and servicing that produce relatively low levels
of noise, vibration and fumes and, more specifically, include the
following types of repairs to motor vehicles: air conditioning, starting
and charging service; brake repair and replacement; engine oil changes,
fluids replacement; exhaust system repair and replacement; automotive
electrical work, including audio sound system installation; shock
absorber, spring, and strut replacement; upholstery work; tire balancing
and tire installation; wheel alignment; windshield and glass installation;
transmission repair and replacement; tune-ups, diagnostics; spark
plug replacement, emission control service; and other repairs of a
similar nature.
Any area of land, including structures thereon, that is used
for the retail sale, lease or rental of motor vehicles and accessories
and which may or may not include facilities for lubrication, washing
or otherwise servicing motor vehicles, but not including the painting
thereof by any means.
A structure or building designed for washing, waxing, simonizing
or similar treatment of automotive vehicles as its principal function.
A filling station having portable washing equipment shall not be deemed
to be an automotive wash where such use is an accessory service to
the principal service of the station.
A shelter, projecting over a property, supported entirely
from the exterior wall of a building and comprising a collapsible
frame covered completely with lightweight, non-rigid material.
A facility that produces baked goods, primarily for sale
off premises.
A building or structure utilized for the direct transactional
services to the public, including the maintenance of checking and
saving accounts, certificates of deposit, etc., and the providing
of related incidental financial services associated with a bank.
An advertising sign made of fabric or paper.
A retail establishment offering alcoholic beverages for consumption
where the majority of its gross sales income comes from the sale of
alcoholic beverages rather than food and food items.
A building or structure utilized for the shaving, cutting,
styling or treating of hair, including, as incidental uses, additional
related cosmetic and/or beauty services, such as manicures, pedicures,
facials and the retail sale of cosmetic products. This definition
shall include tanning salons or booths.
A story partly below finished grade. A basement shall be
counted as one story in determining the permissible number of stories
if at least 1/2 of its height, measured from floor to ceiling, is
above finished grade.
A room within a dwelling primarily designed for sleeping
purposes.
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold
or offered elsewhere than upon the lot on which such sign is located.
A private dwelling in which at least three but not more than
six rooms are offered for rent, where table board is furnished only
to roomers, and no transients are accommodated. A rooming house or
a furnished rooming house shall be deemed a boardinghouse.
A building which has direct access to a body of navigable
water, is used for the storage of boats or vessels and associated
equipment and does not have bathroom or kitchen facilities and is
not designed or used for lodging or residency.
The creation of an opening in an individual's body, other
than in an individual's earlobe, to insert jewelry or another decoration.
A facility in which body piercing is performed.
A business primarily engaged in the exchange of returnable
beverage containers, such as bottles and cans, and which separates,
sorts, stores or processes such containers for shipment for eventual
use in new products. This definition excludes businesses where the
exchange of returnable beverage containers is incidental to the primary
purpose of the business.
An eating and drinking establishment where beer is brewed
on the premises for on-site consumption. The brewing and retail sale
of such beverages is accessory to the eating and drinking establishment.
The definition of a "brew pub" excludes restaurants and bars or lounges.
A place where radio, television or movies are produced or
broadcast.
An area reserved for plantings, fencing or other similar
screening devices for the purpose of creating a transitional area
wherein adjoining uses do not detract from one another.
Any structure which 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 chattel.
Total of areas taken on a horizontal plane at the main finished
grade level of the principal building and all accessory buildings
exclusive of steps. All dimensions shall be measured between exterior
faces of walls.
Line parallel to the front lot line transecting that point
in the building face which is closest to the front lot line. This
face includes porches, whether enclosed or unenclosed, but does not
include steps.
Vertical distance measured from the average elevation of
the proposed finished grade at the front of the building to the highest
point of the roof for flat and mansard roofs, and to the average height
between eaves and ridge for other types of roofs.
The storage of chemicals, petroleum products and other materials
in above-ground containers for subsequent release to distributors
or retail dealers or outlets. In addition, the definition includes
all storage of more than 1,100 gallons, if the product is to be used
on site and is not for resale.
A lawfully-operating commercial entity that holds all necessary
permits or licensees to do so.
Unless elsewhere defined by this code, a shop, store, or
office engaged in the sale of specialized commodities and goods to
other businesses, industries or institutions, or one providing specialized
services to such businesses, industries and institutions, including
but not limited to business offices, business or commercial schools,
building supplies, catering establishments, data processing, hospital
equipment and supplies, medical and dental laboratories, motion-picture
production, office machine sales and service, printing and publishing,
radio and television studios, sign painting and technical schools.
Any office use not satisfying the definition of "professional
offices" or "medical or dental offices" shall be considered a business
office for purposes of this chapter.
Any permanent awning or rigid shelter that projects from
a building or structure facade and extends for all or a portion of
the building or structure's frontage. A canopy may be supported by
posts.
An establishment primarily engaged in buying used gold or
jewelry.
A type of civic use where land is used or intended to be
used for the burial or entombment of human remains and dedicated for
similar purposes but may not include a structure for the purpose of
the cremation of human remains.
As used herein, the City of Oswego, New York.
A type of use that includes the performance of educational,
recreational, cultural, medical, safety, municipal, governmental and
other uses strongly vested with public or social importance.
Examples of civic uses include, but are not limited to:
Museums and other not-for-profit membership corporations established
for cultural, social or recreational purposes;
Municipal buildings;
Public libraries;
Public parks, playgrounds and recreational areas operated by
a governmental authority;
Public safety services, such as police, fire and ambulance/emergency
services and associated facilities; and
Public transportation and associated facilities.
Uncontaminated inert solid material, including earth, sand,
gravel, rock or any other similar material.
A building or use catering exclusively to club members of
a not-for-profit corporation, as defined in the Not-For-Profit Corporation
Law of the State of New York, and their guests for social, indoor
recreational or educational purposes and not operated for profit.
Such a club may include YMCA, YWCA, YMHA, lodge, religious and similar
organizational facilities, except that they shall not provide dormitory
accommodation.
The Code of the City of Oswego, New York.
The storage of materials, commodities or goods in a cold
and refrigerated place for the purpose of preserving such materials,
commodities or goods.
A building or group of buildings where units are accessed
from within the building that are rented or leased for the storage
of personal items, business and household goods, but not hazardous
substances. Access to each building exists through a secure central
entrance. Storage of goods by local businesses is limited to low-volume
storage and shipment by vehicles no larger than a standard, two-axle,
full-size van. Numerous daily deliveries and/or frequent removal of
goods for sale by local businesses at another site are not consistent
with the intent of this use. This definition excludes the definition
of warehouse.
A type of use that includes the sale, rental, service, and
distribution of goods and/or the provision of services other than
those classified as industrial or civic uses.
A vehicle of more than one ton capacity used for the transportation
of persons or goods primarily for gain and/or a vehicle of any capacity
carrying a permanently affixed sign exceeding one square foot in area
or lettering of a commercial nature.
A meeting hall, place of assembly, museum, art gallery or
library, not operated primarily for profit.
The individual ownership of one dwelling unit within a multidwelling
building, with an undivided ownership interest in the land and other
components of the building shared in common with the owners of dwelling
units in the building.
A legal agreement between a landowner and a land trust or
government agency that permanently limits uses of the land in order
to protect its conservation values.
A business providing general contracting and/or building
construction services for residential, farm, industrial or commercial
uses, and which may involve outdoor storage of materials used in the
trade, machinery or equipment.
A business providing general contracting and/or building
construction services for residential, farm, industrial or commercial
uses, and which does not involve outdoor storage of materials used
in the trade, machinery or equipment.
Unless otherwise defined by this code, an establishment or
use that primarily renders services to persons rather than engaging
in the sale of products.
Examples of consumer services include, but are not limited to:
Arts and crafts studios;
Appliance repairs and rental;
Banks, savings and loans and credit unions;
Barbershops and beauty parlors;
Catering with no on-site food service;
Dressmakers and tailors;
Express mail/courier without warehouse;
Jewelry and watch repair;
Laundry services, including laundromats and dry cleaning;
Locksmiths;
Nail salons and spas;
Pet grooming;
Photographer's studio;
Print shops;
Shoe repair;
Tanning salons;
Travel agencies;
Upholstering shops; and
Businesses providing similar services to those listed above.
As an accessory use only, consumer services may include retail
sales of items related to the services being provided.
Consumer services do not include professional office use or
motor-vehicle-related services.
Includes any substance defined in § 220 of the
New York State Penal Law and any other illicit substance that violates
state or federal law.
See definition of "nursing home."
A place that sells groceries, and/or alcohol for off-premises
consumption, and/or common retail goods and that is open more than
15 hours a day.
A secured institution under the supervision of the judiciary,
correctional departments of any local, state or federal governments,
or any law enforcement agency in which persons are or may be lawfully
held in custody after arrest or as a result of conviction of a crime.
The County of Oswego.
The lot area or percentage of lot area covered by the building
or structure, including accessory buildings and structures as well
as paved areas.
A facility providing childcare services for compensation
in accordance with the applicable laws and regulations of the State
of New York.
A structure, typically made of wood, built to extend the
finished floor surface of a building into outdoor areas.
Any part of the City for which the regulations governing
the use and occupation of property are the same.
Any permanent or seasonal structure projecting from or along
the shore into the waterways of the City, including piers and wharfs
used as a berthing place for boats or vessels to load or unload.
A building, or part thereof, used as group quarters for unrelated
individuals sharing common cooking, social and hygienic facilities,
including fraternity and sorority houses.
Any portion of a building from which business is transacted,
or is capable of being transacted, directly with customers located
in a motor vehicle during such business transactions.
An entirely paved passage leading from the public street
rights-of-way used by motor vehicles to access workable paved parking
spaces.
[Amended 8-10-2020 by L.L. No. 4-2020]
Any objects, devices, instruments, apparatus or contrivances
whose primary and traditionally exclusive use is in connection with
the illegal use of any and all controlled substances.
Land used for disposal by abandonment, dumping, burial, burning
or any other means of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
Building or part thereof used as living quarters for one
family. The terms "dwelling," "one-family dwelling," "two-family dwelling"
or "multiple-family dwelling" shall not include a motel, hotel, boardinghouse,
tourist home, dormitory, mobile home or similar structure.
A building used as living quarters by three or more families,
as defined hereafter, living independently of each other in distinct
and separate dwelling units. Each such dwelling unit shall consist
of not more than two adult persons for each conventional bedroom in
the dwelling and shall contain adequate common cooking, social and
hygienic facilities. Studio apartments containing combined sleeping
and social areas shall be occupied by no more than two adult persons.
In no case shall a rooming house, boardinghouse, dormitory, single-family
dwelling or two-family dwelling be classified or construed as a "multiple-family
dwelling."
A detached building consisting of or intended to be occupied
as a residence by one family only, as "family" is hereafter defined.
In no case shall a lodging house, boardinghouse, dormitory, two-family
dwelling or multiple-family dwelling be classified or construed as
a one-family dwelling.
A detached building consisting of or intended to be occupied
as a residence by two families living independently of each other,
with separate cooking, social and hygienic facilities, as "family"
is hereafter defined. In no case shall a lodging house, boardinghouse,
dormitory, one-family dwelling or multiple-family dwelling be classified
or construed as a two-family dwelling.
Any mining, quarrying, clean fill excavation or removal of
earth products prior to processing for the purpose of sale or any
other commercial purpose. Earth products include, but are not limited
to, topsoil, clean fill, sand, gravel, clay or stone. The removal
of topsoil and clean fill operations for the necessary and normal
operations directly undertaken in connection with the construction
of a building for which a building permit has been issued or the development
of a subdivision plan is not within the purview of this definition.
A right granted by the owner of a parcel of real property
to another party for use of all or part of the parcel for a specified
purpose.
A person licensed and registered as a professional engineer
by the State of New York or who has been issued a limited permit as
a professional engineer in the State of New York.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
The process of the removal of sand, gravel, soil (including
topsoil) or other natural deposits by stripping, digging or other
means.
Purpose. It is the purpose of this chapter to define the definition
of "family" in order to promote the legitimate preservation of the
character of single-family areas, without violating the United States
Due Process Clause and the New York State Due Process Clause by not
excluding a group which is, in every but biological sense, a single
family or a household which poses no threat to the good of preserving
the character of the traditional single-family neighborhood.
The definition of "family" shall be:
It shall be a rebuttable presumption that a group of five or
more persons living in a single dwelling unit to produce evidence
that they constitute the definition of "functionally equivalent traditional
family."
Factors in determining a group as a functionally equivalent
traditional family shall be:
The group shares the entire dwelling unit; and
The group lives and cooks together as a single housekeeping
unit; and
The group shares expenses for food, rent, utilities and other
household expenses; and
The group is previously established as permanent and stable;
and
Each member of the group has equal access to all living areas
within the single dwelling unit.
A community residence family-care home or group home established
pursuant to the New York State Mental Hygiene Law or governed by the
Fair Housing Act shall be deemed a functionally equivalent traditional
family for the purpose of this definition.
A tract of land consisting of five or more acres devoted
to the production of agricultural commodities such as crops, livestock
grazing, raising of hay for cows to produce milk and other dairy products,
raising of poultry, raising of horses and the growing of fruit.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade, in computing height of buildings and other structures or for
other purposes, shall be the average elevation of all finished grade
elevations around the periphery of the building.
The aggregate sum of the gross horizontal areas of the several
floors of the building or buildings, measured from the exterior faces
of exterior walls or from the center lines of walls separating two
buildings.
In particular, the floor area of a building or buildings shall
include:
Basement spaces, if included in the count of the number of stories
or used for commercial purposes other than storage.
Elevator shafts and stairwells at each floor.
Floor space used for mechanical equipment, with structural headroom
of seven feet six inches or more.
Penthouses.
Attic spaces providing structural headroom of seven feet six
inches or more, whether or not a floor has actually been laid.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses not including space used for accessory off-street
parking.
The preparation, processing, or canning and packaging of
food products.
A facility that processes food for off-site consumption,
where the gross floor area of the establishment exceeds 2,500 square
feet, and/or less than 25% of the gross floor area is devoted to on-site
display and retail sale of such products to the general public. Food
processing excludes restaurants, markets and similar establishments
where such activity is customarily carried on as a secondary part
of the business.
An establishment engaged in undertaking services such as
preparing the human dead for burial, arranging funeral services and
managing funerals. Typical uses include funeral homes or mortuaries.
A covered structure, often of several stories, that provides
automobile parking space.
An attached or detached accessory building used for the storage
of vehicles or trailers by the families who reside upon the premises,
including any covered parking space or carport.
Building or land used for sale of motor fuel, oil and motor
vehicle accessories, and which may include facilities for lubricating,
washing or servicing vehicles, but not including painting or body
repairs.
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see, and in extreme cases causing
momentary blindness.
A tract of land for playing golf, improved with tees, greens,
fairways and hazards, and may include clubhouses, shelters, bathrooms,
restaurant and bar facilities and/or a golf driving range as permitted
accessory uses.
A permeable open area that is either natural or landscaped.
A place of residence and/or domicile by one or more persons,
wherein the residential quarters are considered an integral component
of a recognized program of custodial supervision or care, together
with required supervisory personnel. The occupancy described herein
is excluded from the definition of "family."
A retail establishment that offers for sale, use or display
paraphernalia or items designated or marketed for use with tobacco
products, inhalants commonly referred to as "vaping products" and
inclusive of e-cigarettes, marijuana, or controlled substances. A
head shop may alternatively be known as a smoke shop, a vape shop,
a cannabis dispensary, or anything similar in use.
Storage, rental, sales and service of farm and heavy equipment
and machinery, including logging equipment, tractor-trailers, and
related farm and heavy transportation equipment such as bulldozers,
backhoes, engines, compressors, trucks over 2.5 tons, tractors, construction
equipment and other heavy machinery, vehicles or motors.
Accessory use of a service character conducted within a dwelling by residents thereof which is clearly secondary to dwelling use for living purposes and does not change the character or have any exterior evidence of such use and which conforms to the additional conditions set forth in § 280-70 of this chapter.
An institution providing health services and medical or surgical
care, primarily for temporary inpatients, to persons suffering from
illness, disease, injury, deformity or other abnormal physical or
mental condition, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities. "Hospital" does not include institutions for
the permanent care of or occupation by the poor, infirm, incurable
or insane.
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy and has a common exterior
entrance or entrances. "Hotel" shall not include "adult motel" as
defined elsewhere in this section.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
A planned, coordinated development of a tract of land with
two or more separate industrial sites and/or buildings. Such development
is planned, designed, constructed, and managed on an integrated and
coordinated basis with special attention given to on-site vehicular
circulation, parking, utility needs, building design and orientation,
and open space.
A use engaged in the design, assembly or processing of a
product predominantly from previously prepared materials or finished
products or parts, including processing, fabrication, assembly, treatment,
bottling, packaging, incidental storage, sales, and distribution of
such products. This use excludes basic industrial processing and must
not produce high volumes of polluting wastes.
The sale, rental, leasing, service or repair of equipment,
machinery or vehicles typically used in industrial use or transportation.
Industrial uses that require a location in, on, over or adjacent
to water, including Lake Ontario and the Oswego River, and that require
the use of water as an integral part of the activity. Such uses may
include, where permitted, docking, loading and unloading aggregate
transshipping facilities, such as transferring freight between vessels
to storage or to other transportation, such as barges, truck or railroad
cars.
Includes scrap iron, scrap tin, scrap brass, scrap copper,
scrap lead or scrap zinc and all other scrap metals and their alloys,
bones, rags, used cloth, used rubber, used rope, used tinfoil, used
bottles, old or used machinery, used tools, used appliances, used
fixtures, used utensils, used lumber, used boxes or crates, used pipe
fittings, used tires, and other manufactured goods that are so worn,
deteriorated or obsolete as to make them unusable in their existing
condition but subject to being dismantled.
An area of land with or without buildings used for or occupied
by the storage, keeping or abandonment of junk, including scrap metals
or other scrap, used or salvaged building materials, or the dismantling,
demolition or abandonment of automobiles or other vehicles or machinery
or parts thereof. The deposit on a lot of two or more wrecked or broken-down
vehicles or the major parts thereof for three months or more shall
be deemed to make the lot a junkyard.
An establishment licensed to operate a facility housing dogs,
cats, or other household pets and where grooming, breeding, boarding,
training, or selling these animals is conducted as a business.
A laboratory typically used for analysis of human blood,
tissue, waste or pathogens, particularly as relating to the diagnosis
and treatment of illness or disease, or analysis of crime scene evidence.
Considered an accessory use.
Facility or part of a building where scientific and/or research
testing is conducted. The quantities of chemical agents in use at
one time are small, normally not exceeding one liter. Laboratory operations
may include research and development, production/acceptance testing,
sample analysis and evaluation, limited detoxification, or a room
or building for scientific experimentation or research. Forensic and
medical laboratories are excluded from this definition.
A public or private land disposal site employing an engineered
method of disposing of solid wastes on land in a manner that minimizes
environmental hazards and meets the design and operation requirements
of 6 NYCRR 360.
A business providing general landscaping, snow removal and
arbor services for residential, farm, industrial, municipal or commercial
uses, and which may involve outdoor storage of materials used in the
trade, machinery or equipment.
All tracts of land with an area of three acres or more which
are developed as a unit under single ownership or control.
A retail sales establishment with at least one tenant or
occupant located in a 40,000-square-foot or larger building or structure,
or where the total development exceeds 100,000 square feet.
A business providing lawn maintenance services for residential,
farm, industrial, municipal or commercial uses, and which does not
involve outdoor storage of materials used in the trade, machinery
or equipment.
A publicly operated facility housing a collection of books
and other printed or recorded materials maintained for reading, consultation,
study and research, with a staff trained to provide services to meet
the needs of its users. A library may also provide educational, cultural
and recreational programs or events, and may provide access to and
instruction in the use of online and Internet resources and is a type
of civic use.
Land occupied or which may be occupied by a building and
its accessory uses, together with such open spaces as are required,
having not less than the minimum area, width and depth required for
a lot in the district in which such land is situated and having frontage
on a street or other means of access as may be determined by the Planning
Board to be adequate as a condition of issuance of a building permit
for a building.
The total area within property lines, excluding any part
thereof lying within the boundaries of a street or proposed street.
The mean horizontal distance from the street line of the
lot to its opposite rear line measured at right angles to the building
front line.
The dimension measured from side lot line to side lot line
along the lot line shared with the street line.
The dimension measured from side lot line to side lot line
along a line parallel to the street line at the required minimum front
yard depth.
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
Any establishment maintaining on its premises for sale to
the public more than 100,000 board feet of lumber or other forest
product.
A facility for the berthing, fueling, repair and storage
of recreational and commercial boats and the provision of related
accessory services; a yard where boats are constructed.
A permanent roof-like structure attached to and supported
by a building and projected therefrom.
Any device operating by payment of fee, such as an electronic
arcade game, billiards table or pinball machine, the use or possession
of which is not prohibited by any laws of the State of New York.
A use or building where medical or dental care is offered
by a New York State licensed medical provider, such as a physician,
dentist, chiropractor, optometrist, ophthalmologist or other provider.
This definition excludes professional offices as defined by this code.
A movable living unit, with or without wheels, whether on
a foundation or rigid support, capable of being used for living quarters
year-round and not built to New York State Uniform Fire Prevention
and Building Code regulations. A mobile home shall contain at least
380 square feet of floor area. A prefabricated dwelling built to New
York Uniform Fire Prevention and Building Code regulations shall not
be considered a mobile home.
Land on which two or more mobile homes are parked or which
is used for the purpose of supplying to the public a parking space
for two or more mobile homes.
Any dock, arrangement of piles or methods used to berth,
secure or fasten a boat.
A building or group of buildings containing individual living
and sleeping accommodations for hire, each with individual exterior
entrances, primarily for the use of transient automobile travelers.
The term "motel" includes every type of similar establishment designated
as an auto court, tourist court, tourist cabins, motor hotel or motor
lodge. "Motel" shall not include "adult motel" as defined elsewhere
in this section.
Any vehicle propelled or drawn by power other than muscular
power and intended for use on public highways.
Physical hazard by reason of fire, explosion, radiation or other
such cause to persons or property in the same or an adjacent district.
Discharge of any liquid or solid waste into any stream or body
of water or into any public or private disposal system or into the
ground of any materials of such nature that may contaminate any water
supply, including the groundwater supply.
Storage of any material either indoors or outdoors in such a
manner that it facilitates the breeding of vermin.
Smoke, measured at the point of emission, of a shade that is
darker than No. 3 on the Ringelmann Chart.
Fly ash or dust which can cause damage to the health of persons,
animals or plant life or to other forms of property or excessive soil,
measured at or beyond any property line.
Offensive or objectionable odors noticeable at the property
line or beyond.
Reflected or direct glare caused by any process, lighting or
reflecting material in a degree to be objectionable at any property
line or beyond.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration, excepting
such studios provided by a state-chartered educational institution
or nonprofit entities.
The appearance of a human bare buttocks, anus, male genitals,
female genitals or full female breast.
An approved or licensed establishment which provides full-time
convalescent or chronic care, or both, including an assisted living
facility, for three or more individuals who are not related by blood
or marriage to the operator and who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves. No care for
the acutely ill or surgical or obstetrical services shall be provided
in such an establishment. However, this definition shall also include
an establishment or dwelling, also known as a "hospice," which provides
full-time palliative and supportive care for the terminally ill individuals
and their families. A hospital shall not be construed to be included
in this definition.
An unimproved area of land devoted to an open space use,
such as public recreation, enjoyment of scenic beauty, conservation
of natural resources, preservation of historical or cultural sites,
or any similar use.
Place for the storage of things or materials outside of a
building or structure. This definition includes places for the storage
of personal property, such as boats and recreational vehicles.
That portion of the New York State Coastal Area Boundary
within the City of Oswego Local Waterfront Revitalization Program
(LWRP) described and mapped in Section One of the Oswego LWRP, adopted
on April 28, 1986, by Resolution No. 156-1986, a copy of which is
on file in the City Clerk's office and is available for inspection
during normal business hours.
Any recreational use particularly oriented to and utilizing
the outdoor character of an area, including a snowmobile trail; bike,
jeep or all-terrain vehicle trail; cross-country ski trail; hiking
and backpacking trail; bicycle trail; horse trail; playground; picnic
area; public beach; or similar use.
The person or persons holding title to property.
A tract of land designated for use by the public for active
or passive recreation.
An open area which is used for temporary parking of more
than four motor vehicles. A driveway shall not be considered a parking
lot.
An off-street space, not located in public space, used for
the temporary location of one licensed motor vehicle. Such space shall
have access to a street or alley.
A parking lot or garage operated by a private entity that
is used for temporary parking of motor vehicles and for which service
a fee is charged.
A parking lot or garage operated by a public entity that
is used for temporary parking of motor vehicles and for which service
a fee may or may not be charged.
That part of a lot which is covered by an impervious surface
other than buildings and structures, such as a driveway, parking area
or walkway, and consisting of either asphalt, brick, or concrete.
[Amended 8-10-2020 by L.L. No. 4-2020]
A retail establishment engaged in the lending of money on
the security of personal property pledged in the keeping of the pawnshop
owner (pawnbroker) or the purchase of goods on the condition that
the goods may be redeemed or repurchased by the seller for a fixed
price within a fixed period, and the retail sale of such goods and
personal property as used merchandise.
A company that for compensation lends customers small, short-term
loans, typically of $500 or less, on the agreement that the loan will
be repaid shortly by the borrower, often secured against the borrower's
future paycheck(s). This definition excludes state or federally chartered
banks, savings associations, credit unions, or industrial loan companies
offering direct deposit advance service to their customer that is
incidental to their main purpose or business.
The City of Oswego Permit Administrator, who is an individual
employed by the City of Oswego Code Enforcement Department with the
responsibilities of that position and also empowered to act as authorized
by this zoning code.
Shall be limited to adult arcades, adult bookstores or adult
video stores, adult cabarets, adult motion-picture theaters, adult
theaters, escort agencies, and nude model studios.
Public buildings, schools, halls, convention centers and
other spaces and buildings where the general public may congregate,
not including social clubs, sportsmen's clubs or other private clubs.
A zoning district that may be created anywhere in the City
for the purpose of permitting property to be developed:
With one or more uses not otherwise permitted or conditional
in the district in which the property is located, subject to certain
development regulations and one or more development site plans; or
Subject to development regulations not otherwise permitted in
the district in which the property is located.
The City of Oswego Planning Board.
Those policies as listed and explained in Section Three,
as well as the proposed land and water uses and projects as found
in Section Four, of the Oswego Local Waterfront Revitalization Program
Document, adopted on April 28, 1986, by Res. No. 156-1986, a copy
of which is on file in the City Clerk's office and available for inspection
during normal business hours.
A covered platform having a separate roof at an entrance
to a dwelling or an open or enclosed room attached to the outside
of a dwelling.
Not publicly owned, operated or controlled.
A commercial use or building where personal services, as
distinguished from the practice of a trade or business, are rendered
by a practitioner of the nonmedical or dental learned professions,
such as a lawyer or architect, real estate agent, landscape architect,
engineer or public accountant (as defined in the Education Law of
the State of New York) or similar professional. This definition excludes
medical and dental offices as defined by this code.
Telephone, electric and cable television lines, poles, appurtenances
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures or pumping stations; telephone exchanges;
and all other facilities, appurtenances and structures necessary for
conducting a service by a government or public utility.
That which is logical, not excessive, evidences common sense
and fairness.
A place designed and equipped for the conduct of sports and
leisure-time activities within an enclosed space, including gymnasiums,
health and fitness clubs, amusement arcades, movie theaters, stages,
dance studios, indoor tennis and racquetball courts, bowling alleys,
and indoor swimming pools. This definition excludes indoor sports
arenas, auditoriums, and exhibition halls.
Recreational uses that require a location in, on, over or
adjacent to water, including Lake Ontario and the Oswego River, and
that require the use of water as an integral part of the activity.
Such uses may include, where permitted, moorings, docks, fishing facilities,
boat repair and storage, tour and charter boat facilities, and waterborne
commerce.
A vehicular unit that does not exceed 40 feet in overall
length, eight feet in width, or 12 feet in overall height, primarily
designed as temporary living quarters for recreational, camping or
travel use. Such a vehicle either has its own motive power or is designed
to be mounted on or drawn by an automotive vehicle. "Recreational
vehicle" includes motor homes, truck campers over seven feet in height,
travel trailers and camping trailers, but not vans or trucks with
campers less than seven feet in height.
A facility subject to state or federal regulation for the
collection of mandated, clean, source-separated, recyclable materials
such as glass, aluminum, bimetal and plastic containers.
A church, temple, synagogue, mosque or other similar place
of worship.
A building, or any part of a building, which contains living
and sleeping accommodations for permanent occupancy.
A retail establishment offering food and beverage for consumption
where the majority of its gross sales income comes from the sale of
food and food items rather than alcoholic beverages. Temporary facilities
used for distribution of food and/or beverages, such as are customarily
associated with field days, carnivals, circuses, charitable, religious
or institutional bazaars, or similar events, shall not be considered
restaurants. Dining rooms and cafeterias which are not open to the
general public such as associated with schools, colleges and universities,
care homes, private clubs, private businesses and work sites shall
not be considered restaurants.
Establishment conducting the sale of goods and services in
small quantities for consumption by purchasers rather than resale.
"Retail" shall be construed to mean such retail sales as are not specifically
set forth or enumerated in this chapter. "Retail sales" shall not
include adult bookstores, adult video stores, or adult uses as defined
elsewhere in this section.
"Retail sales" shall include sales by department stores, clothing
stores, sporting goods stores, shoe stores, drugstores, appliance
stores, furniture stores, electronic merchandising stores, liquor
stores, bookstores, grocery stores and other like stores and similar
businesses.
The following are specifically excluded from "retail sales":
Auto body repair businesses.
Automotive repair businesses.
Small engine repair businesses.
Outboard motor repair businesses.
Construction equipment repair businesses.
Heavy maintenance for truck businesses.
Repair for truck businesses.
Gasoline service stations.
Amusement arcades.
Open air sales that offer locally produced agricultural products
and which may also offer agriculturally related products and handmade
crafts. Such sales are seasonal and temporary in nature and operate
without a permanent structure.
Parochial, private and public schools, colleges, universities
and accessory uses; and shall exclude commercially operated schools
of beauty culture, business, dancing, driving, music and similar establishments.
Commercially operated schools or studios of beauty, business,
culture, dance, driving, music and similar establishments.
The open air sales of seasonal items customarily associated
with holidays, such as Christmas trees, pumpkins and similar items
not typically sold year round.
A nonresidential building, portion of a building or group
of buildings available for rent to the public for the purpose of storing
household or personal property that contains defined and partitioned
storage space or units, or that is subdivided by secured bins, boxes,
containers, pods or other mobile or stationary storage devices. This
definition excludes "warehouse" and "commercial storage facility"
as those terms are used by this code.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
The New York State Environmental Quality Review Act.
The required horizontal distance between a structure and
a property or street line.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex when one or more of the persons is in
a state of nudity or seminude; or
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminude, except for medical procedures involving a licensed medical
provider.
An adult arcade, adult bookstore or adult cabaret, adult
motel, adult motion-picture theater, adult theater, escort agency,
nude model studio or sexual encounter center.
A group of two or more businesses with common parking facilities
located on a single site planned and designed to function as a unit
for the site on which it is located. The definition includes large-scale
retail establishments.
A group of two or more businesses with common parking facilities
located on a single site planned and designed to function as a unit
for the site on which it is located. The definition excludes large-scale
retail establishments.
Any structure, device or part thereof attached to, painted
on or represented on a structure which displays or includes any lettering,
wording, model, drawing, picture, banner, flag, insignia, device,
marking or representation used as or which is in the nature of an
announcement, direction or advertisement.
The area within the shortest lines that can be drawn around
the outside perimeter of a sign, including all decorations and lights,
but excluding the supports if they are not used for advertising purposes.
One face of the sign shall be counted in computing the area. Any neon
tube, string of lights or similar device shall be deemed to have a
minimum dimension of one foot.
A small boat or fishing vessel, typically less than 40 feet
in length.
A fixed fueling facility that primarily dispenses fuel to
small craft and which meets all applicable local, state and federal
regulations to operate legally.
Repair or maintenance of small engines, such as those commonly
used with lawnmowers, chainsaws, and similar items using the same.
Excludes repair or maintenance of automobile, motorcycle and snowmobile
engines.
A permit for a particular land use permitted in this chapter
by special use, subject to any conditions imposed by the Zoning Board
of Appeals, and which complies with the prescribed standards of this
chapter to assure that the proposed special use is in harmony with
this chapter and will not adversely affect the neighborhood if such
conditions are met. A property use subject to a special permit warrants
special evaluation of each individual case because of its nature,
location or effect on the surrounding neighborhood.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
In a single-tenant building, the linear distance of that
wall of a building which contains the main entrance to the building.
In a complex, the linear distance of that wall that encloses a tenant
space and contains the tenant's primary access to the outdoors.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between any floor and the ceiling
next above it. A basement shall not be deemed a story unless it meets
the criteria set forth in the definition of "basement" herein. An
attic shall not be deemed a story unless it meets the criteria set
forth in the definition of "attic" herein.
A public way which affords principal means of access to abutting
properties and is suitably improved; or a proposed way shown on a
plat approved by all appropriate official City agencies.
Right-of-way line of a street as dedicated by a deed or record.
Where the street width is not established, the street line shall be
considered to be 30 feet from the center line of street pavement for
purposes of this chapter.
Anything constructed or erected, the use of which demands
a temporary or permanent location on the soil, or attached to something
having a temporary or permanent location on the soil. A structure
includes a "building" as that term is defined herein.
A structure that is not erected upon or attached to a permanent
foundation. Examples include tents, trailers, campers, and nonpermanent
wood or metal structures.
The division of a lot, tract, or parcel of land into two
or more lots, plats, sites, or other divisions of land for the purpose,
whether immediate or future, of sale or of building development.
A dwelling unit, subject to regulation and licensing by the
State of New York, which provides supervised residence and a therapeutic
environment for up to 15 individuals seeking drug or alcohol rehabilitation
for a period not to exceed 30 days for any individual.
Any building or structure or portion thereof, having more
than 5,000 square feet in gross floor area, used for the retail sale
of a variety of goods, which may include dairy products, baked goods,
fresh or prepared meats, beverages, fresh or prepared foods, fresh
fruits and vegetables, canned foods, dry goods, and automotive, household,
health, and stationery supplies, and which may also include seating
for on-site consumption.
A person licensed and registered as a land surveyor by the
State of New York or who has been issued a limited permit as a professional
land surveyor in the State of New York.
Any man-made container of water having a depth greater than
two feet and used for swimming.
The practice of producing an indelible mark or figure on
the human body by scarring or inserting a pigment under the skin using
needles, scalpels, or other related equipment. The term includes the
application of permanent cosmetics.
An establishment or facility in which tattooing is performed.
A business that transports passengers by vehicle from one
location to another location for a fee.
A use that is established for a fixed period of time with
the intent to discontinue such use upon the expiration of such time
and does not involve the construction or alteration of any permanent
structure.
An open porch without a permanent roof.
A building or part of a building devoted to showing motion
pictures or stage productions on a paid admission basis.
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid admission basis, to patrons seated in automobiles
or on outdoor seats.
An owner-occupied dwelling in which overnight accommodations
and meals are provided or offered for transient guests for compensation,
but such use is secondary to the owner occupancy of the dwelling;
said overnight accommodations not to exceed seven consecutive nights;
sometimes also referred to as "bed-and-breakfasts."
A vehicle capable of being used as seasonal sleeping or living
quarters, not exceeding 380 square feet in floor area, whether self-propelled
or towed, or a camper body mounted on a motor vehicle. "Trailer" shall
also include any vehicles which may be towed and are capable of being
used for carrying goods, equipment, machinery or recreation vehicles,
or as a site office.
Living and/or sleeping accommodation provided for a fee or
barter for a period of less than 30 consecutive days. When used in
this code to refer to a person, it refers to a person who resides
in a location under such conditions.
Any premises used for the garaging or parking of public transportation
vehicles and the loading and unloading of passengers.
A place or building where trucks load and unload freight
and where the freight may be broken down or aggregated into smaller
or larger loads for transfer to other vehicles or modes of transportation,
such as railroad cars, vessels or barges. A trucking terminal may
include areas for storage, servicing or repair of trucks or fleet
vehicles associated with the terminal building. This term shall not
pertain to accessory off-street loading berths.
That part of the area of a lot which:
Is devoted to outdoor recreational space, greenery and service
space for household activities (such as clothes drying) which are
normally carried on outdoors.
Conforms to the minimum dimensions prescribed for the appropriate
district.
Is not devoted to private roadways open to vehicular transportation,
accessory off-street parking space or loading berths.
Contains no structures, except as specifically permitted in
this chapter.
Is structurally safe and adequately surfaced and protected.
Is accessible and available to all occupants of dwelling units
for whose use the space is required.
This term is employed in referring to:
A use, building or other structure clearly incidental or
subordinate, but customary, to a principal use. Accessory uses shall
not alter the character of the premises on which they are located
or impair the neighborhood and must be conducted on the same zoning
lot as the principal use to which it is related, unless this chapter
otherwise permits another location for an accessory use.
Any established permitted use or any existing use otherwise
designated as a conforming use by this chapter. A use established
pursuant to the grant of a use variance shall not be considered a
conforming use, but shall not be subject to the abandonment provisions
of the nonconforming uses and structures article of this chapter.[1]
The use of land or a structure which does not comply with
all regulations for the district in which it is located where such
use conforms to all applicable laws, ordinances and regulations prior
to the enactment or amendment of this chapter.
An activity that may be carried on independently of any other
activity and which generally characterizes the primary purpose for
which land and/or the principal structures thereon are intended and
designed.
A use of a building, structure, lot or land, or part thereof,
that is not specifically listed as a permitted use, use subject to
site plan review, accessory use or special permit use. Any use not
specifically permitted as one of the above shall be deemed to be prohibited.
The authorization by the Zoning Board of Appeals for the
use of land in a manner that is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose that is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Pests or nuisance animals, such as those that spread diseases
or odor.
A use engaged in the storage of manufactured products, supplies
and equipment that will be sold elsewhere or, subsequently, transported
to another location for sale or consumption, but excludes bulk storage
of materials that are flammable or explosive or that create hazardous
or commonly recognized dangerous conditions. This definition does
not include a self-service storage facility.
Areas which include:
That area of land within which or upon which the flow of water
is ordinarily confined due to existing topography; and
All lakes, rivers, streams and other bodies of water within
the jurisdiction of the City of Oswego which are navigable in fact
or upon which vessels with a capacity of one or more persons can be
operated. It shall not include waters which are surrounded by land
held in single private ownership at every point in their total area.
Establishments or places of business primarily engaged in
selling merchandise to retailers, industries, commercial institutions,
or professional business users, or to other wholesalers, or acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies.
A building or use for members of a group or association for
the purpose of engaging in recreational and competitive boating or
other water-related sports.
A yard extending along the full length of the front lot line
between the side lot lines.
A yard extending along the full length of the rear lot line
between the side lot lines.
That part of a lot extending open and unobstructed from the
ground upward, along a lot line for a depth or width as specified
by the bulk regulations of the district in which the lot is located.
No part of such yard shall be included as part of a yard or other
open space similarly required for another building or another lot.
A yard situated between the building and the side line of
the lot and extending from the front yard (or from the front lot line,
if there is no required front yard) to the rear yard (or rear lot
line).
The City of Oswego Zoning Board of Appeals.
[1]
Editor's Note: See Art. XII, Nonconforming uses.
