The interpretation of certain words and terms under
these regulations shall include the following:
ADULT DAY-CARE FACILITY
Provision of daytime care to adults whose ability to independently
perform the normal activities of daily life is limited by age or physical
or other impairment but who do not require the level of care provided
by nursing homes or medical facilities. Said care shall be provided
for a period of time of more than three but less than 12 hours on
any given day.
[Added 4-18-2006 by Ord. No. 06-01]
AGRICULTURE
The production of agricultural products for compensation,
including field crops, produce, horticulture, livestock, and dairy
products. The term includes the sale of products grown on such land
and the necessary buildings and accessory construction such as barns,
silos, and fences which are a normal part of agriculture. Agriculture
includes farm, nursery, greenhouse, and truck garden.
ALLEY
A public way which affords, generally, a secondary means
of vehicular access to abutting property.
AREA VARIANCE
Authorization by the Joint Zoning Board of Appeals/Planning
Commission for the use of land in a manner which is not allowed by
the dimensional or physical requirements of the applicable zoning
regulations.
[Added 12-19-2000 by L.L. No. 6-2000; amended 11-8-2017 by L.L. No.
5-2017]
BAR
See “tavern.”
[Added 4-18-2006 by L.L. No. 06-01]
BASEMENT
A space of full-story height, partly below grade but having
at least 1/2 of its clear floor to ceiling height above the average
grade of the adjoining ground, and which is not designed or used primarily
for year-round living accommodations.
BED-AND-BREAKFAST
A home occupation in an existing one-family dwelling operated
by the permanent resident(s) of the dwelling who is also on site and
sleeping overnight within the residence while providing short-term
overnight lodging to transient guests, and which offers one on-site
meal served to such guests, but no other meals.
[Added 4-18-2006 by Ord. No. 06-01;
amended 12-6-2022 by L.L. No. 11-2022]
BOARDER
A person who occupies a bedroom or room as a lodging unit
within a dwelling unit, boardinghouse, rooming house, or lodging house
on a long-term residential basis for consideration and where meals
may be provided by the owner or operator.
[Added 12-6-2022 by L.L. No. 11-2022]
BOARDINGHOUSE
See "rooming house."
[Added 12-6-2022 by L.L. No. 11-2022]
BUILDING
Any roofed structure permanently affixed to the land intended
for the shelter, housing or enclosure of persons, animals, or property.
BUILDING, ACCESSORY
A building detached from, subordinate to, and whose use is
incidental to, but consistent with that of the principal building
on the same lot.
BUILDING AREA
The total ground floor area of a principal building and accessory
buildings exclusive of uncovered porches, steps and terraces. This
area determines lot coverage.
BUILDING, DETACHED
A freestanding building surrounded by open space on all sides
and not physically joined to another building.
BUILDING FRONT
That side of any building facing a public roadway or shoreline
as designated on any application for a permit by the applicant. A
building can have more than one front.
BUILDING HEIGHT
The vertical distance measured from the average level of
the proposed finished grade across each face of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gambrel
or peaked roofs.
BUILDING LINE
A line parallel with the front, side and rear lot lines,
respectively, beyond which a principal building or use may or may
not extend as determined by these regulations. (See diagram at end
of this chapter.)
BUILDING, PRINCIPAL
A building in which is conducted the main or primary use
of the lot on which the building is located.
BUSINESS, HOME
An accessory use of a service character by the owner/occupant
and clearly secondary to the use of the principal building for residential
purposes.
BUSINESS OFFICES
Offices in which are conducted professional or business occupations
of a service character and not involving the sale of merchandise or
stock-in-trade nor the storage of vehicles, equipment, or materials.
CELLAR
A space of full-story height having more than 1/2 of its
clear height below the average grade of the adjoining ground.
CERTIFICATE OF COMPLIANCE
The instrument of verification as required under the provisions
of these regulations, subsequent to the completion of any project
for which a zoning permit was required and prior to the use or occupancy
of the land or building to which the permit pertained.
CHARGING
When an electric vehicle is connected to electric vehicle
supply equipment (or standard outlet) for the purpose of recharging
batteries on board the electric vehicle.
[Added 6-21-2016 by L.L.
No. 2-2016]
CHILD DAY-CARE CENTER
A program or facility caring for children for more than three
hours per day but less than 24 hours a day by an individual, association,
corporation, institution or agency whose activities include providing
child day care or operating a home or facility where child day care
is provided as defined in § 390 of the New York State Social
Services Law. Said definition does not include "group family day care"
and "family day care" as those terms are defined herein.
[Added 4-18-2006 by Ord. No. 06-01]
CLUB
Lands and buildings used for recreational, athletic, or social
purposes by members of formally organized associations, including
fraternities, sororities, lodges, fish and game clubs, golf clubs,
and tennis clubs. Buildings may include restaurant, bar, and overnight
facilities.
COMMERCIAL EXCAVATION
The removal of stone, sand, gravel, or topsoil, as a commercial
product. The process of site improvement or alteration preparatory
to the location of a building or use for which a zoning permit has
been issued is not included in this definition.
COMMUNITY CENTER
A not-for-profit or publicly owned facility providing community
facilities such as recreational programs and meeting rooms that are
open to the public and designed to accommodate and serve significant
segments of the community.
[Added 4-18-2006 by Ord. No. 06-01]
CONDITIONAL USE
A use that would not be appropriate throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, may be permitted in certain zoning districts. It must be reviewed, for approval, by the Joint Zoning Board of Appeals/Planning Commission for compliance with appropriate standards of §
190-28 of this chapter.
[Amended 6-2-1981; 11-8-2017 by L.L. No. 5-2017]
CONDOMINIUM
Any apartment, townhouse or other residential building, or
portion thereof, involving a combination of two kinds of ownership
of real property:
(1)
Fee simple ownership of the individual dwelling
unit; and
(2)
Undivided ownership together with other purchasers
of the common elements of the structure, land and appurtenances. Management
is controlled by a property owners' association.
CULTURAL FACILITIES
Establishments utilized for the display of' exhibits of historic,
educational or cultural nature which are not operated commercially.
Also “museums.”
[Added 4-18-2006 by Ord. No. 06-01]
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any mining, excavation,
landfill, or land disturbance; and any use or extension of the use
of the land.
[Added 4-18-2006 by Ord. No. 06-01]
DORMITORY
A place of residence that is occupied and maintained for
persons enrolled in a college, university, medical or other educational
institution and which is recognized and subject to ownership or leasehold
interest controls by such educational institution.
[Added 12-6-2022 by L.L. No. 11-2022]
DRIVE-THROUGH FACILITY
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions. A drive-through
facility is considered an accessory use. An automobile service station
is not considered a drive-through facility for purposes of this chapter.
[Added 4-18-2006 by Ord. No. 06-01]
DUPLEX
One structure containing two dwelling units on two adjacent
lots, attached side by side, having one common wall with yard area
on three sides of each dwelling unit.
[Amended 1-20-1981]
DWELLING
A building that contains one or more dwelling units used,
intended, or designed to be used, rented, leased, let, or hired out
to be occupied for living purposes.
[Amended 12-6-2022 by L.L. No. 11-2022]
DWELLING UNIT
A building or portion thereof containing cooking area(s),
bathroom, dining, sleeping, and related facilities necessary and/or
incidental to human habitation, designed and intended as a self-contained
household unit for a single individual or family.
[Added 12-6-2022 by L.L. No. 11-2022]
DWELLING, MANUFACTURED
A structure, transportable in one or more sections, which,
in traveling mode, is eight body feet or more in width or 40 body
feet or more in lengths, or, when erected on site, is 320 or more
square feet, and which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating,
air conditioning, and electrical systems contained therein as defined
in 42 U.S.C. § 5402(6). Manufactured homes shall not include
modular homes.
[Added 4-18-2006 by Ord. No. 06-01]
DWELLING, MOBILE
A factory-fabricated dwelling consisting of a single structure
transportable on its own chassis and wheels or removable wheel assembly
whether or not the wheels and towing hitch are removed when the unit
is installed; also commonly known as "trailer" and "mobile home."
See also "dwelling, manufactured."
[Amended 4-18-2006 by Ord. No. 06-01]
DWELLING, MODULAR
A modular home is that constructed off site in a minimum
of two sections, each of which is transported to the building site
separately, with installation of heating system and application of
siding coming after the erection of the home, and which is indistinguishable
in appearance from conventionally built homes. Modular homes have
no permanent support frame (chassis). Any structure which is built
on a permanent chassis is defined as a manufactured home under 42
U.S.C. § 5402(6) and this chapter. Modular homes shall bear
the New York State building code certification as factory-manufactured
dwellings.
[Added 4-18-2006by Ord. No. 06-01]
DWELLING, MULTIPLE-FAMILY
Attached dwelling units designed for year-round or seasonal
occupancy by more than four families living independently of each
other.
DWELLING, ONE-FAMILY
A detached dwelling unit designed for year-round or seasonal
occupancy by one family only.
EARTH STATION (or DISH ANTENNA)
Earth station shall mean a combination of:
(1)
Antenna or dish antenna whose purpose is to
receive communication or other signals from orbiting satellites and
other extraterrestrial sources.
(2)
A low-noise amplifier (LNA) which is situated
at the focal point of the receiving component and whose purpose is
to magnify and transfer signals.
(3)
A coaxial cable whose purpose is to carry the
signal into the interior of the building.
[Amended 11-7-1984]
EASEMENT
A legal and binding assignment of interest by deed or contract
for the specified use of a designated portion of property to other
than the landowner.
ELECTRIC VEHICLE
Any motor vehicle that is registered with the New York State
Department of Motor Vehicles and authorized to operate on public and
private highways, roads, and streets, and uses electrical energy stored
on-board for motive purpose. "Electric vehicle" includes battery electric
vehicles and plug-in hybrid electric vehicles.
[Added 6-21-2016 by L.L.
No. 2-2016]
ELECTRIC VEHICLE CHARGING STATION
A private parking space that is served by electric vehicle
supply equipment that has as its primary purpose the transfer of electric
energy (by conductive or inductive means) to a battery in an electric
vehicle.
[Added 6-21-2016 by L.L.
No. 2-2016]
ELECTRIC VEHICLE INFRASTRUCTURE
The structures, machinery, and equipment necessary and integral
to support an electric vehicle, including the electrical conduit and
premises wiring requirements for the installation of electric vehicle
supply equipment, as well as battery exchange stations.
[Added 6-21-2016 by L.L.
No. 2-2016]
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
The conductors, including the ungrounded, grounded, and equipment
grounding conductors and the electric vehicle conductors, attachment
plugs, and all other fittings, devices, power outlets, or apparatus
installed specifically for purposes of delivering energy from the
premises wiring to the electric vehicle, complying and conforming
with National Electric Code Article 625 and Society of Automotive
Engineers J1772 Standard.
[Added 6-21-2016 by L.L.
No. 2-2016]
ENTERTAINMENT FACILITY
Any establishment that is operated, maintained, or devoted
to amusement of the general public, whether privately or publicly
owned, where entertainment is offered by the facility. Entertainment
facilities shall include, but not be limited to, the following: arenas,
theaters, bowling alleys, dance halls or clubs, video arcades, skating
rinks, batting cages, and miniature golf courses. Entertainment facilities
shall not include sexually oriented businesses, taverns, pubs, golf
courses, or parks.
[Added 4-18-2006 by Ord. No. 06-01]
FAMILY
One person residing in a dwelling unit; two or more persons
related by blood, marriage or adoption living, sleeping, cooking,
and eating in and otherwise occupying one dwelling unit as a single
unit; or two or more persons not necessarily related by blood, marriage
or adoption occupying a single dwelling unit as a single housekeeping
unit and constituting a "functional family unit" as defined herein,
which in either event shall be distinguished from two or more persons
occupying a dwelling unit and simply sharing rent, utility expenses
and other similar expenses of occupying the dwelling unit, and also
to be distinguished from occupying a boardinghouse or rooming house.
[Amended 12-6-2022 by L.L. No. 11-2022]
FAMILY DAY-CARE FACILITY
A program caring for children for more than three hours per
day per child in which child day care is provided in a family home
for three to six children, or seven and eight children as defined
in § 390 of the New York State Social Services Law.
[Added 4-18-2006 by Ord. No. 06-01]
FARMLAND OF STATEWIDE IMPORTANCE
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil
Survey, that is of statewide importance for the production of food,
feed, fiber, forage, and oilseed crops as determined by the appropriate
state agency or agencies. Farmland of statewide importance may include
tracts of land that have been designated for agriculture by state
law.
[Added 2-2-2021 by L.L.
No. 3-2021]
FINANCIAL INSTITUTION
A building used for activities customarily associated with
commercial banking or savings and loan facilities.
FIREWOOD
Seasoned cordwood, trunks and branches of trees and bushes,
but does not include leaves, needles, vines or brush smaller than
three inches in diameter.
[Added 4-2-2013 by L.L. No. 2-2013]
FLOOR AREA
The 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.
FOSTER HOME
A facility for child care in a place of residence of a household
to provide family care or training for children who are not related
to the head of such home, and provided that such home is licensed
or otherwise approved by the state for such purpose. The total number
of foster children may not exceed the limits of a "family" as defined.
[Added 12-6-2022 by L.L. No. 11-2022]
FUNCTIONAL FAMILY UNIT
A group of two or more persons not necessarily related by
blood, marriage, or adoption living, sleeping, cooking, and eating
in and otherwise occupying one dwelling unit as a single unit and
who function as a family with respect to those characteristics that
are consistent with the purposes of zoning and use restrictions in
residential neighborhoods.
[Added 12-6-2022 by L.L. No. 11-2022]
(1)
A functional family unit is distinguished from two or more persons
occupying a boardinghouse or rooming house.
(2)
For a group of two or more unrelated persons to operate as a
functional family unit, they must regularly share the common dwelling
areas, including dining areas, cooking areas, and social spaces.
(3)
Such stability is presumed present if at least four of the following
conditions are met:
(a)
The presence of one or two adults residing in the unit with
either or both acting as a head of household.
(b)
The presence of one or more minor children regularly residing
in the household as a dependent(s) of one or more adult occupant(s)
of the household.
(c)
Sharing of expenses for food, rent or ownership costs, utilities,
and other household expenses.
(d)
Common use or ownership of furniture, appliances, and other
household furnishings and supplies among the members of the household.
(e)
Employment of members of the household in the region, or active
pursuit of such employment.
(f)
Use of the address of the dwelling by adult members of the functional
family for purposes of voter registration, or driver's license, or
motor vehicle registration, or state or federal income tax filings.
(g)
A showing that all members of the household have been living
together as a single housekeeping unit for a year or more, whether
in the current dwelling unit or in one or more other dwelling units.
(h)
Any other factor that, in the judgment of the Department of
Codes Enforcement, reasonably demonstrates that the group of persons
are occupying the dwelling unit as a single unit in a manner consistent
with the purposes of zoning and use restrictions in the Family Residential
District.
(4)
A group of individuals living in the same dwelling unit shall
be presumed not to be a functional family unit, as defined in this
section, if such dwelling unit contains no head of household.
FUNERAL HOME
A building used for the preparation of the dead for services,
burial, or cremation. Also known as a mortuary.
GARAGE, PRIVATE
An enclosed space intended for storage of one or more motor
vehicles and within which space no commercial activity or industry
connected directly or indirectly with motor vehicles is conducted.
GARAGE, SERVICE
A building or part thereof used for the storage, selling,
renting, servicing, washing or painting and major repair of motor-driven
vehicles. Also known as "service station" or "body shop."
GASOLINE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline and/or diesel oil
or other motor vehicle fuel and which may include facilities for lubricating,
washing, cleaning, and otherwise servicing motor vehicles, including
the painting or major repair thereof. Also known as "filling station."
GLARE
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 2-2-2021 by L.L.
No. 3-2021]
GOVERNMENT AGENCY
Any department, commission, independent agency, or instrumentality
of the United States, New York State, Madison County, the City of
Oneida and any other incorporated or unincorporated municipality,
authority, district or other governmental unit.
[Added 4-18-2006 by Ord. No. 06-01]
GROUP FAMILY DAY CARE
Care provided for not more than 12 children away from their
own homes for more than three hours but less than 24 hours per day
for any given child in a licensed group family day-care home which
is operated for such purposes for compensation or otherwise as defined
in § 390 of the New York State Social Services Law.
[Added 4-18-2006 by Ord. No. 06-01]
HABITABLE SPACE
The space within a dwelling unit occupied for living, sleeping,
bathing, eating, and cooking purposes and exclusive of a cellar, attic
or such other portions of the dwelling unit not generally occupied
by the residents of the dwelling unit.
HOME ACCESSIBILITY RAMP
An inclined ramp providing an accessible route of travel
for people who are wheelchair users or have an ambulant disability
from an entrance to the building interior to the exterior at grade
level.
[Added 8-18-2020 by L.L.
No. 3-2020]
HOSTED SHORT-TERM RENTAL USE
A short-term rental use where the owner lives and sleeps
in the rented unit, or in another dwelling unit on the same or an
adjacent tax parcel, throughout the short-term renter's stay, and
no more than two bedrooms are rented at any one time.
[Added 12-6-2022 by L.L. No. 11-2022]
HOSTEL
A dwelling unit providing complete housekeeping facilities
for a nontransient group of physically or mentally handicapped persons
whose residence in such facility is monitored by a duly constituted
social services agency and which residency and program is certified
by New York State Department of Mental Hygiene. Such facility shall
provide living quarters for a maximum of 12 residents in addition
to resident houseparents or qualified staff personnel and shall be
considered a single-family residence for the purposes of these zoning
regulations.
HOTEL
A building, or any part thereof, which contains 15 or more
living and sleeping accommodations for paid transient occupancy, with
common exterior entrance or entrances, and which may or may not include
dining facilities. The term "hotel" shall not include "motel," "inn,"
"bed-and-breakfast," "boardinghouse" or similar accommodations.
[Added 12-6-2022 by L.L. No. 11-2022]
HOTEL/MOTEL
A building or portion thereof providing rental sleeping rooms
and which may also include dining rooms, kitchens, serving rooms,
ballrooms and other facilities and services intended primarily for
the accommodation of the personal needs of the motoring public, and
including facilities for the parking of patrons' motor vehicles. Auto
courts, motor hotels, motor courts, motor inns, motor lodges, tourist
courts, tourist cabins, and roadside hotels are included in this definition.
HYDROPONIC AGRICULTURAL GREENHOUSE OPERATION
A hydroponic greenhouse with an agricultural growing area
of not less than 20,000 square feet that grows plants that are useful
to human beings, including, but not limited to, forages, sod, berries,
herbs, fruits, vegetables, flowers, seeds, and nursery stock.
[Added 12-19-2017 by L.L.
No. 6-2017]
HYDROPONIC GREENHOUSE
An indoor agricultural greenhouse operation in which:
[Added 12-19-2017 by L.L.
No. 6-2017]
(1)
Some or all of the nutrients are placed in intimate contact
with a plant's root system, being grown in any or all of, a supportive
medium, containerized medium, or nutrient film technique;
(2)
Technical control systems are used to monitor, adapt, and optimize
the greenhouse growing environment; and
(3)
Areas and structures to support the growing may include, without
limitation, administration, washroom, irrigation, heating, harvesting,
grading, warehousing, distribution, and refrigeration.
INN
A building, or any part thereof, which contains more than
four and less than 15 living and sleeping accommodations for paid
transient occupancy. The facility may have accessory uses such as
a restaurant or a bar.
[Added 4-18-2006 by Ord. No. 06-01;
amended 12-6-2022 by L.L. No. 11-2022]
JUNKYARD
Land or structure or part thereof, used for the collecting,
storage, or sale of waste paper, rags, scrap metals, used or salvaged
building or other discarded material, or for the collecting, dismantling,
storage and salvaging of machinery or vehicles. It shall mean any
place of storage or deposit, whether in connection with another business
or not, where two or more unlicensed vehicles, no longer in condition
for legal use on public highways are held, whether for the purpose
of resale of used parts or materials therefrom or not. Such term shall
include any place of storage or deposit for any such purpose of used
parts or waste materials from motor vehicles which, taken together,
equal in bulk two or more such vehicles.
LANDFILL, SANITARY
A municipal or private site for the depositing of refuse,
compacting it to the smallest practical volume, and covering it with
earth or other material in a systematic and sanitary manner.
LARGE-SCALE SOLAR ENERGY SYSTEM
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment with a rated DC
capacity of greater than 25kW. The area of a solar energy system includes
all the land inside the perimeter of the solar energy system, which
extends to any interconnection equipment.
[Added 2-2-2021 by L.L.
No. 3-2021]
LIGHT INDUSTRIAL
A use engaged in the basic processing and manufacture, predominantly
from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales, and distribution of such products, but
excluding basic industrial processing.
[Added 4-18-2006 by Ord. No. 06-01]
LIGHT MANUFACTURING
A use engaged in the basic processing, assembly and manufacture,
predominantly from previously prepared materials such as textiles,
leathers or specialty food ingredients, for production of finished
products offered for sale in support of retail operations conducted
from the premises, including processing, treatment, assembly, packaging,
incidental storage, and retail sale of such products, but excluding
manufacturing, light industrial and warehouse uses, or other uses
which generate hazardous materials, offensive odors, and other adverse
environmental impacts. At least 50% of the first-floor space in premises
which are engaged in light manufacturing shall be devoted to the occupant’s
retail operations. Light manufacturing which is conducted in the upper
floors of buildings in the Downtown Commercial Zone shall be limited
to 7:00 a.m. to 9:00 p.m.
[Added 5-5-2009 by Ord. No. 09-03]
LODGING HOUSE
See "rooming house."
[Added 12-6-2022 by L.L. No. 11-2022]
LOT
A single and contiguous parcel of land considered as a unit,
occupied or capable of being occupied by a principal building or use
and accessory buildings or uses, or by a group of buildings and uses
united by a common use.
LOT AREA
The total area included within front, side and rear lot lines.
LOT CORNER
A lot located at the intersection of and fronting on two
or more intersecting streets, and having an interior angle at the
corner of intersection of less than 135º.
LOT COVERAGE
That portion of the plot or lot area covered by building
area and expressed as a percentage of total lot area.
LOT LINE
Any line dividing one lot from another or from an established
right-of-way or the shoreline.
LOT LINE, FRONT
The lot line adjoining and separating the lot from any road
or highway right-of-way line or the shoreline; or where there is not
direct frontage on either for any lot established after the effective
date of these regulations as designated and approved by the Joint
Zoning Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
LOT UNIMPROVED
A lot for which no building or structure has been constructed
or located and on which no excavation, improved driveway or the installation
of water supply or sewage disposal systems has been initiated with
the intent to serve a building or use.
LOT WIDTH
The distance between side lot lines measured parallel to
the front lot line where such parallel line is a straight line, or
the chord of such parallel line where it is curvilinear, at a distance
from the front lot line equal to the minimum required front yard specified
for the district. (See diagram at end of this chapter.)
MANUFACTURING
A use engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as lubricating oils, plastics, resins, or liquors.
[Added 4-18-2006 by Ord. No. 06-01]
MEDICAL FACILITY
A building used for the diagnosis and treatment of sick and
or injured persons. This definition includes hospitals, medical offices,
clinics, and extended-care facilities.
[Amended 4-18-2006 by Ord. No. 06-01]
MEDICAL OFFICES/CLINICS
A place where medical or dental care is furnished to persons
on an outpatient basis by one or more doctors or dentists. A place
for the care, diagnosis and treatment of sick, ailing, infirm or injured
persons and those who are in need of medical or surgical attention,
but who are not provided with board or room or kept overnight on the
premises. A facility for human ailments operated by a group of physicians,
dentists, chiropractors, or other licensed practitioners for the treatment
and examination of outpatients. A medical or dental clinic is an organization
of specializing physicians or dentists, or both, who have offices
in a common building. A clinic shall include laboratory facilities
in conjunction with normal clinic services, but shall not include
inpatient care.
[Added 4-18-2006 by Ord. No. 06-01]
MOBILE DWELLING PARK
A parcel of land which is designed and improved for the placement
of 10 or more mobile dwellings and which mobile dwellings are located
on sites rented or leased to the occupants of the mobile homes.
MOTEL
A building or group of buildings containing 15 or more living
and sleeping accommodations for paid transient occupancy, each unit
of which has a separate exterior entrance and parking space, and which
is used principally by motor vehicle travelers. The term "motel" shall
include "motor lodge," "motor inn," "tourist cabins" or similar accommodations.
[Added 12-6-2022 by L.L. No. 11-2022]
MOTOR VEHICLE SALES AND SERVICE
A lot and/or structures used for the display and sale of
motor vehicles and including servicing of such vehicles. May also
include gasoline service station, and/or service garage.
MOTOR VEHICLE WASH
Buildings, structures, and land used for the washing and
cleaning of motorized vehicles. May be associated with other motor
vehicle services.
NATIVE PERENNIAL VEGETATION
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
[Added 2-2-2021 by L.L.
No. 3-2021]
NEIGHBORHOOD RETAIL SERVICES
A limited retail or service business operating solely from
the ground floor of a principal building with a footprint of no more
than 2,500 square feet that provides goods and services primarily
to its immediate neighborhood. Neighborhood retail establishments
shall include grocery stores, personal care services, florists, pharmacies,
bakeries and like businesses. Retail operating hours and deliveries
will be limited to 6:00 a.m. to 10:00 p.m.
[Added 4-18-2006 by Ord. No. 06-01;
amended 5-5-2009 by Ord. No. 09-03]
NONCONFORMING SITUATION
A lot, building, or structure which does not conform to the
requirements for use, location or dimensions in the zoning district
in which it is situated as regards use, minimum yard dimensions, minimum
lot area, maximum building height or maximum lot coverage. May be
called nonconforming lot, nonconforming building, or nonconforming
use.
NURSERY SCHOOL
A school organized for the purpose of providing instruction
and related daytime care for groups of six to 20 children from three
to five years of age inclusive; and organized on a regular basis under
the supervision of qualified instructors and supervisory personnel,
with adequate accommodation for a program of learning activities and
capable of maintaining proper standards of health and safety.
NURSING HOME
A facility regulated by the state, providing nursing care
to sick, invalid, infirm, disabled, or convalescent persons, in addition
to lodging and board.
OPEN SPACE RECREATION
A recreation activity particularly oriented to and utilizing
the natural landscape and outdoor character of an area, including
hiking, equestrian and recreational vehicle trail; ski and golf facilities,
park, picnic or beach area; and similar outdoor, nonintensive structures
and uses.
OUTDOOR FURNACE
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space or to transfer
heat via liquid to indoor spaces.
[Added 4-2-2013 by L.L. No. 2-2013]
PERMANENT RESIDENT
A person who occupies a property within 60 days of purchase
with the intent to establish that property as their primary residence.
A permanent resident must occupy a primary residence for at least
183 days per year.
[Added 12-6-2022 by L.L. No. 11-2022]
PERSONAL CARE SERVICES
Establishments primarily engaged in providing services involving
the care of a person such as beauty shops, barbershops, nail salons,
shoe repair, other salons, and tanning.
[Added 4-18-2006 by Ord. No. 06-01]
PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV)
An electric vehicle that:
(1)
Contains an internal combustion engine and also allows power
to be delivered to drive wheels by an electric motor;
(2)
Charges its battery primarily by connecting to the grid or other
off-board electrical source;
(3)
May additionally be able to sustain battery charge using an
on-board internal-combustion-driven generator; and
(4)
Has the ability to travel powered by electricity.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 2-2-2021 by L.L.
No. 3-2021]
PRIMARY RESIDENCE
The permanent resident's usual place of return for housing
as documented by at least three of the following: motor vehicle registration;
driver's license or equivalent identification card; voter registration;
or tax documents showing the residential unit as the permanent resident's
residence for the purposes of a homeowner's tax exemption. A person
may have only one primary residence.
[Added 12-6-2022 by L.L. No. 11-2022]
PRIME FARMLAND
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s Soil
Survey Geographic (SSURGO) Database on Web Soil Survey, that has the
best combination of physical and chemical characteristics for producing
food, feed, forage, fiber, and oilseed crops and is also available
for these land uses.
[Added 2-2-2021 by L.L.
No. 3-2021]
PROFESSIONAL OFFICE OF RESIDENT
An office in a residence used exclusively by the owner/occupier
for the provision of personal services in the following categories:
physician, dentist, architect, lawyer, engineer, artist, musician,
certified public accountant. For the purpose of these regulations,
such air office shall be considered a home business.
PROFESSIONAL OFFICES
The use of offices and related spaces for such professional
services that are provided by accountants, attorneys, architects,
engineers and similar professions. A professional office excludes
uses permitted in a business office and medical offices/clinics.
[Added 4-18-2006 by Ord. No. 06-01]
PROFESSIONAL OFFICES, MINOR
A professional office that has a maximum of four professionals
and two full-time employees per professional, provided that the maximum
occupancy shall be further limited so that the total square footage
of the structure contains at least 250 square feet per full-time professional
or employee occupant of the structure. For purposes of calculating
maximum occupancy under this provision, two or more part-time professionals
or employees who typically work a total of 40 hours or less per week
within the premises shall be considered to be one full-time occupant.
[Added 4-18-2006 by Ord. No. 06-01;
amended 5-5-2009 by Ord. No. 09-03]
PUBLIC USE
A structure or use designed and maintained as a municipal
facility for recreation, transportation, fire and police protection,
and like not-for-profit public and municipal functions.
PUBLIC UTILITY
A structure or use whether privately or publicly owned and
operated, designed and maintained for the provision of electric, telephone,
radio, television, water and sewer services.
PUBLIC UTILITY FACILITIES
Telephone, electric and cable TV lines, poles, appurtenances
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures, pumping stations; telephone exchanges,
and other facilities, appurtenances and structures necessary for conducting
a service by a government or public utility. Telecommunications facilities
and telecommunications towers are not public utility facilities. Telecommunications
facilities and telecommunications towers may be considered public
utility facilities; however, nothing in this definition shall exempt
wireless telecommunications from being subject to the supplemental
telecommunications regulations.
[Added 4-18-2006 by Ord. No. 06-01]
RECREATION FACILITIES, COMMERCIAL
Any area of land or water, including any building or group
of buildings, open to use by or catering to the general public, where
recreational, athletic or amusement facilities are provided, and operated
primarily for profit, including controlled-access facilities accessory
to commercial uses, but not including any outdoor or drive-in theaters,
or facilities for automobile or animal racing.
[Added 4-18-2006 by Ord. No. 06-01]
RECREATION FACILITIES, PUBLIC
Recreation facilities operated as a nonprofit enterprise
by the City of Oneida, any other governmental entity or any nonprofit
organization and open to the general public.
[Added 4-18-2006 by Ord. No. 06-01]
RECREATIONAL VEHICLE
A drawn, carried, or motor vehicle which is designed primarily
for use as temporary living quarters for travel or recreation purposes;
includes motor home, travel trailer, truck camper, tent camper, and
van so equipped.
RELIGIOUS INSTITUTION
Any structure used for worship, religious instruction, or
other religious activities including accessory social and administrative
rooms.
RESEARCH AND DEVELOPMENT FACILITIES
A building or portion of a building in which are located
facilities for scientific research, investigation, testing, or experimentation,
but not facilities for manufacturing or sales of products.
[Added 4-18-2006 by Ord. No. 06-01]
RESTAURANT
A building wherein food or beverages are available for on-site
consumption whether or not this constitutes the principal use.
RESTAURANT, FAST-FOOD
The use of land and buildings for the preparation and sale
of food and beverages from a counter or directly to persons in motor
vehicles; may include space for on-premises consumption, but usually
does not include waiter/waitress service.
RETAIL TRADE
A business or commercial activity involving primarily the
sale of merchandise or stock-in-trade to the public, which business
or commercial activity shall be conducted from within a permanently
situated building.
ROADWAY
A public or private way for vehicular traffic, including
the following.
(1)
Arterial roadways are those principal through
traffic arteries.
(2)
Collector roads are those that interconnect,
and carry traffic between local residential and arterial highways.
(3)
Local roadways are those which are used primarily
for access to abutting residential properties. A cul-de-sac is a minor
roadway with only one outlet and having a turning loop at the closed
end.
(4)
Frontage or access roads are generally parallel
with and adjacent to an arterial highway designed to provide access
to abutting properties and protection from through traffic.
ROOFLINE
The top or peak of the structural roof of a building, above
which point no sign shall extend or project.
ROOMERS
A person who resides in a dwelling who is not a member of
the functional family unit that is the primary occupant of the dwelling
and who pays for or performs services in exchange for such occupancy.
A "roomer" does not include a person who has separate cooking facilities
made available.
[Added 12-6-2022 by L.L. No. 11-2022]
ROOMING HOUSE
A building, other than a hotel, fraternity, sorority, dormitory,
chapter house or membership association house, where lodging with
or without meals for four or more roomers or boarders or guests is
provided for compensation or where lodging is provided for four or
more unrelated individuals within a single dwelling unit or where
lodging is provided for three or more boarders, roomers or lodgers
residing with a single family in a single dwelling unit. The term
"rooming house" shall include "boardinghouse" and "lodging house,"
and shall not include accommodations used for short-term rentals.
See "short-term rental use."
[Amended 12-6-2022 by L.L. No. 11-2022]
SCHOOL
A building or group of buildings whose principal use is for
educational purposes. Such a building or buildings shall include classroom
space. Evidence of a curriculum and a professional staff is necessary
for classification as educational purposes. The term school shall
include parochial, private, and public institutions ranging from nursery
schools to facilities offering post graduate courses. Profit and nonprofit
status shall not be a consideration.
SEMIPUBLIC FACILITY, INSTITUTION
A quasi-public, not-for-profit, education, health, historic,
cultural, religious, recreational, or philanthropic facility or institution.
SHOPPING CENTER
A group of four or more retail establishments sharing a common
site and having either common walls or a common roof structure.
[Added 4-18-2006 by Ord. No. 06-01]
SHORT-TERM RENTAL USE
A tourist or transient use that has been issued a short-term
rental permit. The rental by a tenant of a dwelling unit, or portion
thereof, for a period of less than 30 consecutive days. "Period" includes
consecutive terms of rental to the same tenant(s).
[Added 12-6-2022 by L.L. No. 11-2022]
SIGN
Any graphic device erected or represented upon or as part
of a building, structure or use of land which directs attention or
conveys a message pertaining to a person, institution, organization
or business and is visible from the public right-of-way or the exterior
of the building, structure or use. Each such graphic display surface
shall be considered a "sign."
[Amended 9-5-2017 by Ord.
No. 17-01]
SIGN, ADVERTISING
A sign which announces and directs attention to a business,
commodity, service or entertainment sold or offered elsewhere than
upon the premises where such sign is located.
SIGN AREA
The area determined by circumscribing the exterior sign structure
with the appropriate geometric form connecting all extreme points.
The structure supporting a sign is not included in determining the
sign area unless the structure is designed in a way to form an integral
background for the display. Only one face of a double-face sign is
to be considered in determining the area of a sign.
SIGN AWNING
Any awning, whether store front or window, attached to a
building or structure exterior, that will display the name of the
business or which announces and directs attention to business, commodity,
service or entertainment sold or offered on the premises.
[Amended 3-6-1984]
SIGN, DIGITAL
Any sign that advertises or otherwise communicates using
LCD, LED, plasma or other digital imaging medium.
[Added 9-5-2017 by Ord.
No. 17-01]
SIGN, DISPLAY
Any window sign which announces and directs attention to
business, commodity, service or entertainment sold or offered on the
premises where such sign is located.
[Amended 6-2-1981]
SIGN, DOUBLE-FACE
Any sign designed to be viewed from two directions and which
at no point is wider than three feet measured from the exterior surface
of each face and the two faces of the sign are either parallel or
the angle between them is 30º or less.
SIGN EXEMPT
A sign which may be placed without a permit, but which shall
otherwise comply with the provisions of these regulations. Such sign
shall include official traffic signs, posting or trespass notices,
official notices of hazard or safety precaution, personal identification
signs identifying the residents of the premises, political signs,
temporary signs, and any official flag, emblem, or insignia of a nation,
state, municipality or school not in connection with a commercial
use, and signs on real property other than those advertising a business
on the premises.
[Amended 5-5-2009 by Ord. No. 09-03]
SIGN, FEATHER FLUTTER
Any sign consisting of a portable, vertical banner, in varying
lengths, in the shape of a teardrop or narrow rectangle that contains
a harpoon-style pole or staff driven into the ground for support or
supported by means of an individual stand.
[Added 9-5-2017 by Ord.
No. 17-01]
SIGN, FLASHING
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when such sign is in use. For the purpose of these regulations, any
revolving, illuminated sign shall be considered a flashing sign.
SIGN, FOR RENT, FOR LEASE, VACANCY TO LET
Any sign used for the purpose of denoting real property or
premises thereof available for residential or other use by an occupant,
tenant, or other person, for a limited term.
SIGN, FREESTANDING
A sign which is supported by one or more uprights, poles,
or braces, or by a base of wood, stone or concrete in or upon the
ground. This definition shall not include portable signs.
SIGN, ILLUMINATED
Any sign artificially lighted by an exterior or interior
light source.
SIGN, MOBILE
A sign attached to or suspended from any type of vehicle
which is capable of being moved from place to place, whether actually
moved or not, either under its own power or by attachment to any vehicle
and intended primarily for the display of such sign. Such sign shall
not include lettering or other graphics painted or attached flush
to the side or body of service, delivery or other such vehicles.
SIGN, PERMANENT
Any sign not defined herein as temporary.
[Amended 6-2-1981]
SIGN, PORTABLE
A sign that is designed to be movable and is not permanently
attached to the ground, a building, a structure or any other sign.
A portable sign shall not be deemed to include a mobile sign.
SIGN PRINCIPAL
A primary or main sign on which is depicted the central message
or identification pertaining to the purpose for which such sign was
erected.
SIGN, ROOF
A sign located between the eaves or projection of the juncture
of the ceiling of the uppermost floor and the roof of a building and
the roofline.
SIGN, TEMPORARY
A poster, handbill, flyer or sign erected for a nonpermanent
purpose such as to announce a forthcoming event or project notification,
which sign shall be designed to be removed upon completion or termination
of the purpose for which it was temporarily placed. Also classified
as exempt sign in this chapter.
SIGN, WALL
Any sign attached to, painted upon or erected against the
wall of a building or structure and not extending more than 1 1/2
feet beyond the building face.
SIGN, WINDOW
A sign maintained in or painted upon a window which is clearly
visible to the general public from an out-of-doors position, but not
including the customary display of merchandise.
SITE ALTERATION/IMPROVEMENT
The excavation or significant alteration of the site so as
to affect surface drainage, removal of significant tree or soil cover
or the provision for new or altered access to; but not to include
landscaping, minor site work or improvements, tilling the land for
agricultural purposes or normal forest management practices.
SKETCH PLAN
A conceptual plan indicating salient existing features of a tract or parcel and its surroundings, the general layout of the proposed project and such additional information as required in Chapter
143, Site Plan Review.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
[Added 2-2-2021 by L.L.
No. 3-2021]
SOLAR COLLECTOR
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
[Added 2-2-2021 by L.L.
No. 3-2021]
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
[Added 2-2-2021 by L.L.
No. 3-2021]
SOLAR ENERGY SYSTEM
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
[Added 2-2-2021 by L.L.
No. 3-2021]
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 2-2-2021 by L.L.
No. 3-2021]
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
[Added 2-2-2021 by L.L.
No. 3-2021]
STORAGE FACILITY, SELF-SERVICE
Real property designed and used for the purpose of renting
or leasing individual storage spaces to customers for the purpose
of storing and removing personal property on a self-service basis.
[Added 5-5-2009 by Ord. No. 09-03]
STORAGE, OUTDOOR
The keeping, in an unenclosed area, of any goods, material
and merchandise in the same place for more than 24 hours.
[Added 4-18-2006 by Ord. No. 06-01]
STORY
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.
STRUCTURE
Any permanent man-made building, assembly or installation
in conjunction with the principal or accessory use of a lot, including
a building, sign, platform, ski tow or jump, storage tank, boat dock
and such similarly constructed or assembled objects affecting the
principal or accessory use of the property so as to require a building
permit.
SWIMMING POOL
A private, outdoor pool designed and built for swimming purposes
as an accessory use on the same parcel as the principal use, or one
contiguous thereto, for use primarily by the occupants or tenants
of said property. Such pool shall include any permanent or aboveground
pool and any portable pool which can hold more than 24 inches of water.
[Amended 11-2-2020 by Ord. No. 20-04]
TAVERN
An establishment used primarily for the serving of alcoholic
beverages, including liquor, beer and/or wine, by the drink to the
general public and where food or packaged liquors may be served or
sold only as accessory to the primary use. Also "bar," "cocktail lounge,"
"nightclub."
[Added 4-18-2006 by Ord. No. 06-01]
TELECOMMUNICATIONS TOWER
A structure on which transmitting and/or receiving antenna(s)
are located.
[Added 4-18-2006 by Ord. No. 06-01]
TOURIST HOME
A building in which overnight accommodations are offered
for transient guests for compensation, but which does not include
in-room cooking facilities.
TRANSIENT OCCUPANCY
Living and/or sleeping accommodation provided for compensation
and/or barter for any period of less than 30 consecutive calendar
days, counting any portion of a particular day as a full calendar
day. Bed-and-breakfasts, motels/hotels, tourist homes, and transient
occupancy lodging shall individually and collectively be considered
types of transient occupancies. See "short-term rental use."
[Added 12-6-2022 by L.L. No. 11-2022]
TRUCKING TERMINAL
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation. The terminal facility may include storage areas
for trucks and buildings or areas for the repair of trucks associated
with the terminal.
[Added 4-18-2006 by Ord. No. 06-01]
UNHOSTED SHORT-TERM RENTAL USE
A short-term rental use where the owner does not live and
sleep in the rented unit, or in another dwelling unit on the same
or an adjacent tax parcel, throughout the short-term renter's stay.
[Added 12-6-2022 by L.L. No. 11-2022]
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
[Added 4-2-2013 by L.L. No. 2-2013]
USE
The specific purpose for which a building, structure or land
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal
use of building and consistent in use with the permitted principal
use.
USE, CONDITIONAL
A use that would not be appropriate generally or without
restriction throughout the zoning district. Such use may be permitted
in certain zoning districts if specific provision for such conditional
use is made in this chapter.
USE, PRINCIPAL
The main or primary purpose or activity conducted on the
lot.
USE, STANDARD
A use permitted by right in a specified zoning district.
USE VARIANCE
The authorization by the Joint Zoning Board of Appeals/Planning
Commission for the use of land for a purpose which is otherwise not
allowed or is prohibited by the applicable zoning regulations.
[Added 12-19-2000 by L.L. No. 6-2000; amended 11-8-2017 by L.L. No.
5-2017]
WAREHOUSING
A use engaged in storage and distribution of manufactured
products, supplies, and equipment, but excluding bulk storage of materials
that are inflammable or explosive or that create hazardous or commonly
recognized offensive conditions.
[Added 4-18-2006 by Ord. No. 06-01]
WHOLESALE SALES AND DISTRIBUTION
Establishments primarily engaged in selling merchandise to
retailers, to industrial, commercial, institutional, or professional
business users, to other wholesalers, or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies.
[Added 4-18-2006 by Ord. No. 06-01]
ZONING PERMIT
A certification required prior to any activity governed by
these regulations. Approval of this permit certifies that the proposed
activity is in compliance with this chapter.
[Amended 2-18-1992 by Ord. No. 92-01]