City of Oneida, NY Article IV Supplementary Regulations

§ 190-13 Lot and building location requirements for all districts.

A. No more than one principal building or use shall be permitted on any lot, other than as specifically provided or as may be approved under the Chapter 155, Subdivision of Land, or planned development district provisions, unless minimum required lot area, lot width and yard requirements are met for each.

B. On a corner lot in any district where a front yard is required, a yard shall be provided on each roadway equal in depth to the required front yard for the district in relation to each such roadway. One rear yard shall be provided on each corner lot and the applicant shall designate the rear yard on his application for a permit.

C. Where a single and separate lot extends from one roadway to a parallel or nearly parallel roadway or shoreline, the principal building shall be erected to face the roadway or shoreline on which those adjoining principal buildings face.

D. When an unimproved lot in any district is situated between two improved lots, the required front yard of the lot on which a building is to be erected shall have a minimum depth equal to the average depth of the front yards of the two adjoining improved lots, but not less than 25 feet from the road right-of-way or 50 feet from road center line, whichever is greater.

E. The yard requirements of these regulations shall not prohibit any fence, retaining wall or other such structure or solid screen-planting otherwise permitted, providing the requirements of § 190-21 are met.

F. Maximum building height shall be 35 feet in all districts with heights in excess of this figure allowed for structures requiring special permit approval. In no case shall residential structures exceed the maximum height of City fire/rescue equipment.

G. Maximum building coverage shall be 50% in all districts with coverage in excess of this figure allowed for structures requiring a conditional use permit.

[Amended 5-5-2009 by Ord. No. 09-03]

H. The height limitations of these regulations shall not apply to farm structures, church spires, chimneys, water tanks, and necessary mechanical appurtenances usually carried above the roof level; nor to flag poles, transmission towers and cables, radio and television antennae or towers, and similar structures. Any such building or structure to be constructed in excess of 40 feet, and not otherwise reviewed by the Joint Zoning Board of Appeals/Planning Commission shall automatically be considered according to the conditional use permit review process by the Joint Zoning Board of Appeals/Planning Commission.

[Amended 11-8-2017 by L.L. No. 5-2017]

§ 190-13.1 Home accessibility ramps.

[Added 8-18-2020 by L.L. No. 3-2020]

Notwithstanding any other provision of this chapter, the front yard, rear yard, side yard, building coverage, lot surface coverage and other bulk requirements of this code shall not apply to ramps for home accessibility serving a one-family dwelling, two-family dwelling, duplex, or three-family dwelling, provided that the distance between the most proximate point of the base of the wheelchair ramp at grade and the nearest edge of pavement of any sidewalk shall not be less than three feet.

§ 190-14 Accessory buildings and uses.

On any lot, accessory buildings or use(s) in connection with the principal building or use may be constructed and located subject to the following:

A. All accessory building or uses shall require a zoning permit and a certificate of compliance upon their completion as elsewhere required in these regulations.

B. No more than two accessory buildings or uses in addition to any private automobile garage shall be permitted on any lot in conjunction with any standard use. Agricultural accessory buildings are an exception.

C. The number and placement of accessory buildings and uses in conjunction with a conditional use, site plan review or planned development district shall be determined by the Joint Zoning Board of Appeals/Planning Commission in its revision and approval process.

[Amended 11-8-2017 by L.L. No. 5-2017]

D. Accessory buildings to a residential use which are not attached to a principal building may be erected in accordance with the following requirements:

(1) Front yard: not to be located in any required front yard.

(2) Rear or side yard: at least 10 feet from side or rear property line.

(3) Side yard, street side of corner lot: same as for principal building.

(4) No closer to a principal or other accessory building than 10 feet.

E. An accessory building attached to a principal residential building or an accessory building to other than a residential use, whether attached to the principal building or not, shall comply in all respects with the requirements of these regulations applicable to the principal building.

F. No accessory building or structure shall be constructed or located to house or provide shelter for animals, other than domestic household pets, on any lot less than one acre in size. Front, side and rear yard setbacks for any such building or structure designed to house or provide shelter for livestock shall be a minimum of 75 feet from each lot line.

G. Except as provided for in § 190-13, the maximum height of any accessory building or structure shall be 1 1/2 stories or 18 feet, whichever is less, except that it shall not exceed the height of the principal building or use. Agricultural buildings and structures are excepted.

H. A private, outdoor swimming pool shall be permitted as an accessory use to a dwelling unit only in accordance with the following:

(1) A pool shall be accessory to a principal residential use and shall be erected only on the same lot as the principal structure or one contiguous thereto.

(2) A pool may be erected or constructed only in the side or rear yard of the lot, shall conform with the minimum side and rear yard requirements for the district in which it is located and shall be not less than 10 feet distant from any principal or accessory building.

(3) A pool shall be surrounded by a fence at least four feet high and capable of preventing small children from entering. Aboveground pools with unclimbable vertical sides 48 inches or higher shall not have to be fenced.

[Amended 12-19-2000 by L.L. No. 6-2000; 6-16-2020 by Ord. No. 20-01]

(4) No pool shall adversely affect the character of any residential neighborhood and all lighting or other appurtenances shall be so arranged as not to interfere with neighboring uses.

I. A swimming pool to be constructed or installed as an accessory use to a tourist accommodation or as part of any commercial facility shall be permitted after application to and issuance of a permit by the Building Inspector/Code Enforcement Officer. Such swimming pool shall be so located as not to cause a hazard to public safety or nuisance to adjoining uses and shall be designed and located in accord with acceptable engineering standards and any applicable City or state requirements. Fencing requirements shall be the same as for a private pool.

J. A building, mobile home, trailer or other structure accessory to the construction project for office, storage or related construction use may be permitted upon issuance of a zoning permit by the Building Inspector/Code Enforcement Officer, such installation to be temporary and continued only for the duration of the construction project to which it is accessory. Such facility shall not be designed or used for living accommodations except for the nonpermanent accommodation of a clerk-of-the-works or night watchman, and shall be promptly removed upon completion of the construction project or part thereof to which it is accessory, such date to be determined by the Building Inspector/Code Enforcement Officer. Upon notice from the Building Inspector/Code Enforcement Officer, the zoning permit shall expire and the rights and privileges thereunder shall be vacated. Failure to remove such installation in a prompt manner after notice by the Building Inspector/Code Enforcement Officer shall be considered a violation of these regulations. Location of such a structure shall be at the discretion of the Building Inspector/Code Enforcement Officer.

K. The minimum setback of all principal and accessory buildings or structures in excess of 100 square feet, other than docks, boat houses, or swimming float, as hereinafter regulated, shall be a minimum distance of 50 feet from the mean high-water mark of any stream, river, or pond whether or not man-made.

L. A private dish antenna and its component shall be permitted as an accessory use to a dwelling unit only in accordance with the following:

[Amended 11-7-1984]

(1) A dish antenna assembly shall be erected or constructed only in the side or rear yard of a lot and shall conform with the minimum side and rear yard requirements for the district in which it is located.

(2) Dish antennas consist of three main components: the antenna, called the dish; a low-noise amplifier (LNA); and a receiver. The antenna and LNA are located outdoors and the receiver is placed indoors.

(3) The antenna shall be supported on a concrete base of three to seven square feet.

(4) A dish antenna shall not adversely affect the character of any residential neighborhood and shall be so arranged as not to interfere with neighboring uses.

(5) In commercial uses, dishes on top of buildings shall not exceed the allowable height specified for the district in which it is located and shall be installed securely so as to withstand winds up to 100 miles per hour.

M. A private electric vehicle charging station is permitted as an accessory use for all dwellings and multiple-family dwellings. The electric vehicle charging station shall be approved upon submission of a completed electrical inspection to the Code Enforcement Officer.

[Added 6-21-2016 by L.L. No. 2-2016]

§ 190-15 Sign requirements.

[Amended 6-21-1981; 9-20-1983; 2-18-1992 by Ord. No. 92-01; 4-18-2006 by Ord. No. 06-01; 2-3-2009 by Ord. No. 09-01; 5-5-2009 by Ord. No. 09-03; 6-7-2016 by Ord. No. 16-03; 9-5-2017 by Ord. No. 17-01]

A. Purpose. This section is intended to permit only those signs which are:

(1) Legible in the circumstances in which they are meant to be seen;

(2) Compatible with their surroundings;

(3) Appropriate to the type of activity to which they pertain; and

(4) Expressive of the identity of individual proprietors and of the community as a whole.

B. Application. The location, placement, installation, alteration, or extension of any sign, other than an exempt sign as hereinafter defined, shall require a sign permit and certificate of compliance in accord with the requirements set forth in this section. Exempt signs include traffic-control signs including: "entrance," "exit," and "parking" signs on private property other than those permitted to advertise a business on the premises; posted/no-trespassing signs; official notices of hazard or safety precaution; personal signs identifying residential occupancy; political signs; temporary signs (see definition in § 190-5); display signs; and any flag, emblem, or insignia of a nation, state, municipality, or school not in connection with a commercial use.

C. General requirements in all districts.

(1) All signs shall be constructed of durable material and maintained in good condition.

(2) The back or reverse side of a single-sided sign visible from any public right-of-way shall be finished in an appropriate manner which shall include a backing similar to the facing.

(3) No sign in any district shall be erected within, or project into, a public right-of-way or shall project across a lot line, except where such sign is attached to and does not project more than 48 inches from the face of the building.

(4) No lights or string of lights will be used for the purpose of advertising, displaying, or otherwise attracting attention to the premises when not part of a sign or approved street or outdoor lighting.

(5) Mobile signs are prohibited.

(6) Fences, outbuildings and accessory structures shall not be considered in the tabulation of linear feet of the principal building, and such structures shall not be made part of any sign.

(7) No sign shall physically or visually impair vehicular or pedestrian traffic by design, illumination, color, or placement.

(8) All construction fixtures, wiring, and installations shall conform to the New York State Fire Prevention and Building Code where applicable.

(9) All wiring to freestanding signs shall be underground.

(10) Any sign for a business, service or activity no longer in existence at that location shall be removed within 30 days from the date of the discontinuation, and any wall, surface or other area from which such sign is removed shall be restored so that no remnant of the sign is visible. One thirty-day extension may be granted by the Code Enforcement Officer.

(11) All temporary signs (see definition in § 190-5) may be erected within 15 days before the event and shall be removed within 15 days of completion of the action advertised.

(12) Freestanding signs. No freestanding sign shall be more than 24 feet in height as measured at the edge of the road surface which it fronts, or 20 feet as measured from ground level at the base of the sign, whichever shall permit the greatest height. A freestanding sign which is more than 36 square feet shall not be closer than 100 feet to any other freestanding sign which is more than 36 square feet.

(13) Wall signs. Wall signs shall be attached to the wall or face of the building and shall not extend more than 24 inches from such wall or face, nor shall they project above the roofline.

(14) Roof signs. A roof sign shall not exceed 40% of the roof area and shall not project above the roofline.

(15) Projecting signs. A projecting sign shall have a clear distance from the sidewalk or ground level of at least eight feet to the bottom of the sign and a maximum distance of 12 feet to the top of the sign. The sign may project no more than 48 inches from the building to which it is attached unless otherwise limited by this section. Projecting signs shall not exceed eight square feet.

(16) Double-faced signs. A sign which is designed to be viewed from two directions and the two faces are not more than 36 inches wide at any point and are either parallel or at not more than a thirty-degree angle to one another shall be considered to be one sign for the purpose of this section.

(17) Window signs. Permanent window signs shall not exceed 15% of the area of the window in which they are displayed, and temporary window or display signs shall not exceed 25% of the window area, and in no case shall the total sign area exceed 40% of the window area.

(18) Double-frontage buildings. Commercial buildings which front on two parallel public streets and provide customer access from both streets shall be considered to have two front faces for the purposes of this section.

(19) Existing billboards or other signs shall be allowed to remain until ownership of the signs changes hands, as long as they are maintained in good repair. Any such sign or billboard frame which has not been used for 60 days shall be considered not in use and must be taken down. One sixty-day extension may be granted by the Building Inspector/Code Enforcement Officer upon written application stating the reason therefor.

(20) Seasonal ground-mounted banners are allowed with an approved permit, from May 1 through October 31, on subject premises, with a maximum of two banners per parcel.

(21) Contractor and/or service signs: one sign per lot; on premises; maximum six square feet; must be removed within 15 days after service is complete.

(22) [1]Sandwich signs: allowed in Downtown Commercial Zone only; must be removed daily at close of business; not to exceed two feet by three feet; one sandwich sign per business.

[1] Editor's Note: Former Subsection C(22), regarding election signs, was repealed 11-17-2020 by L.L. No. 6-2020. This local law also renumbered former Subsection C(23) through (25) as Subsection C(22) through (24), respectively.

(23) Digital signs. Digital signs shall require review and approval by the Building Inspector/Code Enforcement Officer prior to the issuance of a sign permit. The message or display on any digital sign shall not change more than two times per minute.

[Amended 7-5-2022 by L.L. No. 5-2022]

(24) Feather flutter signs. Feather flutter signs shall require review and approval by the Code Enforcement Officer. Feather flutter signs are permitted from May 1 through October 31. A maximum of two feather flutter signs are permitted per business.

D. District requirements. Signs shall be permitted according to established zoning districts as follows:

(1) In the R-1, R-2, R-3, R-P, and MD-P Residential Districts, the following shall be permitted:

(a) One nameplate, identification of permitted home business, or professional sign not to exceed three square feet in R-3; no signage allowed in R-1, R-2.

(b) One institutional, religious, or organization identification sign not to exceed 16 square feet.

(c) A sign advertising the sale or development of a tract of land. The size of this sign shall not exceed 16 square feet, and not more than one sign shall be placed upon the tract along any single highway frontage.

(d) When a use variance has been granted in the above districts, one sign will be allowed with a sixteen-square-foot maximum.

(2) In A and N-C Districts, the following shall be permitted:

(a) The signs permitted under Subsection D(1) above, except that Subsection D(1)(a) shall have a maximum size of six square feet instead of three.

(b) One principal business sign for business or commercial uses, not to exceed 32 square feet.

(3) In the C-S District, the following shall be permitted:

(a) The signs permitted under Subsection D(1) above.

(b) A maximum of two institutional, business, or service signs with a combined area not to exceed two square feet per linear foot of the front face of the principal building, or 50 square feet, whichever is less.

(c) One accessory sign for each separate incorporated business or service in a building or complex, provided that such sign(s) shall not exceed, either singularly or in combination, a maximum of six square feet and that any sign(s) be attached to the principal building or sign.

(4) In C, L-I and M-I Districts, the following shall be permitted:

(a) The signs permitted under Subsection D(1) above.

(b) A maximum of three business signs with a combined area not to exceed two square feet per linear foot of the front of the building, or 100 square feet, whichever is larger.

(c) One accessory sign for each separate incorporated business or service in a building or complex, providing such sign(s) shall not exceed, either singularly or in combination, a maximum of six square feet and they shall be attached to the principal building or sign.

E. "For sale" or "for lease" signs:

(1) Signs denoting property or buildings "for sale," "public auction," "real estate auction," "building sale," and other similarly worded signs, in R-1, R-2, R-3, R-P and N-C Zones of the City of Oneida shall not exceed four square feet in area if single-faced or six square feet in area if double-faced. In all other zoning districts, they shall not exceed a total of 32 square feet in area. The signs shall be placed so that the top of the sign will not be more than four feet above ground level. The signs shall be placed only in the front yard or part of the property offered for sale and shall be no closer than 10 feet to the sidewalk if one exists, and no closer than 10 feet to the curb or edge of the road if no sidewalk exists. If the ten-foot distance cannot be adhered to, the sign shall then be placed in front of the building on the subject property only, as close as possible to the foundation line. No such signs shall be placed on any City property or right-of-way.

(2) Signs denoting "for rent," "for lease," "vacancy," or "to let" in R-1, R-2, R-3, R-P and N-C Zones shall not exceed four square feet in area. In all other zoning districts, they shall not exceed a maximum of 32 square feet. All signs shall be placed directly in front of the building or property affected, as close as possible to the foundation, but in no case farther than five feet from the foundation, if possible, and shall have a maximum height of four feet from the ground level to the top of the sign. No such sign shall be placed on any City property or right-of-way.

(3) All signs set forth in Subsection E(1) and (2) shall be removed within a reasonable time after the property has been sold, leased or is no longer marketed. No directional signs indicating property "for sale," "public auction," "real estate auction," or "building sale" shall be permitted except at intersections of dead-end streets. The size of directional signs shall not exceed three square feet in area. No directional or open house signs shall be permitted on any City property or right-of-way.

(4) Open house signs shall be subject to the limitations stated above for "for sale" signs and at Subsection E(3).

F. Existing signs:

(1) All signs in existence on the effective date of this section shall, within 90 days thereof, be registered with the Building Inspector/Code Enforcement Officer on a form supplied by the City. A record of all existing signs shall be compiled by the Code Enforcement Officer, and the owner, tenant, or lessee of any nonconforming sign shall be notified in writing.

(2) All nonconforming signs existing and erected prior to the effective date of this amendment may continue as long as maintained in good repair and not altered in design, color, message or otherwise. Upon the termination of the business by the owner or replacement of the sign by said owner, all subsequent signs at such location shall conform to the provisions of this chapter.

(3) Upon the determination of the Building Inspector/Code Enforcement Officer that a sign is in need of repair, a notice of violation shall be sent to the owner of the sign. The owner shall have 30 days in which to comply. An extension of compliance time may be granted for one additional thirty-day period. No such extension shall be granted except on written application stating the reasons therefor.

G. Administration:

[Amended 7-5-2022 by L.L. No. 5-2022]

(1) An application for a sign permit shall be filed with the Building Inspector/Code Enforcement Officer on a form supplied by the City.

(2) Within five days of filing, the Building Inspector/Code Enforcement Officer shall determine if the sign application is in compliance with the dimensional requirements of this section. If the proposed sign is not in compliance, the Building Inspector/Code Enforcement Officer shall disapprove the application and the applicant shall be so notified in writing. Further, the applicant shall be notified of the right to make an application to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals will review the variance application and make a determination as to the variance application.

(3) A certificate of compliance shall be issued by the Building Inspector/Code Enforcement Officer upon completion of any sign in full compliance with its approved application. A temporary certificate of compliance may be issued at the discretion of the Building Inspector/Code Enforcement Officer.

H. [2]Large-scale solar energy systems signage.

[Added 2-2-2021 by L.L. No. 3-2021]

(1) No signage or graphic content shall be displayed on the large-scale solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.

(2) As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

[2] Editor's Note: Former Subsection H, Sign Review Board, was repealed 7-5-2022 by L.L. No. 5-2022. This local law also renumbered former Subsection I as Subsection H.

§ 190-16 Off-street parking and loading.

A. Parking. In recognition of the need to provide adequate off-street parking for automobiles in the City in connection with existing and future uses, and at the same time to preserve the natural appearance and ground cover of the community so far as possible, the following procedures and requirements for the provision of off-street parking are hereby established:

(1) Required parking spaces.

	Use	Spaces Required
	Two-family dwelling	2 for each dwelling unit
	Multiple-family dwelling	1 1/2 for each dwelling unit
	Home business	2 for each dwelling unit plus space for all customers, patients, or clients
	Tourist accommodation	1 for each guest room
	Business, professional office; professional office, minor [Amended 5-5-2009 by Ord. No. 09-03]	1 for each 400 square feet of floor space
	Public, semipublic facility, institution, religious institution	1 for each 4 adult seating spaces, or visitors expected at any one time, plus space for all employees
	Commercial recreation; tourist attraction seating	1 for each five spaces/individual accommodation, plus space for all employees
	Retail, personal service trade, light manufacturing [Amended 5-5-2009 by Ord. No. 09-03]	1 for each 300 square feet of floor space devoted to retail or customer use, plus 1 for each manufacturing employee on maximum shift
	Shopping center, plaza, or group of stores	2.5 square feet per square foot of retail area
	Restaurant, fast-food restaurant	10, plus 1 for each 60 square feet of dining area for sit-down facility, or of building area for fast-food restaurant
	Warehouse, material storage; fuel supply, vehicle sales, service	1 for each employee on maximum shift. Parking area shall not be less than 25% of the building floor area.
	Gasoline station; service garage bay	1 for each service, plus space for all employee cars and stacking space for 4 cars per bay for any auto wash

(2) The Joint Zoning Board of Appeals/Planning Commission, in the review of a conditional use or under site plan review, shall establish the requisite number of parking spaces and their satisfactory location consistent with the generally established standards of these regulations. In particular, it shall be the objective of the Joint Zoning Board of Appeals/Planning Commission to encourage sufficient and suitably located, designed and improved off-street parking in a coordinated manner that recognizes the relationship between adjoining or neighboring uses, the public roadway system and available public parking. To this end, it shall be within the purview of the Joint Zoning Board of Appeals/Planning Commission in its review capacity to establish and vary parking requirements in any situation consistent with the nature, scale and hours of operation of any use, as well as to consider current provisions for, and past experience with, off-street parking in the expansion of any existing building or use.

[Amended 11-8-2017 by L.L. No. 5-2017]

(3) Each off-street space shall consist of at least 180 square feet with a minimum width of 10 feet. In addition, other than for an individual residence, space necessary for aisles, maneuvering and drives shall be provided and shall be so arranged as not to interfere with pedestrian or motor traffic on the public roadway and so as to permit all motor vehicles utilizing such facility to turnaround within the parking area to enable any vehicle to enter the public roadway in a forward position.

(4) For any building having more than one use, parking space shall be required for each use. For the purposes of computing parking requirements, floor areas shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar, and attic areas.

(5) Within the Inside Corporation District, outdoor parking or storage of boats and other vehicles used primarily for recreational purposes, motor homes, trailers, vehicle transport, construction trailers, utility trailers, and PODS® (portable on-demand storage units), in any residential district or on any lot used for residential purposes, shall be confined to the rear or side yard, and said parking shall not be within 10 feet of any lot line for a period exceeding 14 days in any calendar year. On a corner lot, such outdoor parking is allowed on the front yard not designated as the 911 address, and adequate screening in the form of plantings, fencing or other visual separation must be approved by the Planning Director or Code Enforcement Officer.

[Amended 5-5-2009 by Ord. No. 09-03; 2-16-2016 by Ord. No. 16-01; 9-5-2017 by Ord. No. 17-01]

(6) No recreational vehicle, whether occupied or unoccupied shall be located, or parked, other than in an authorized campsite, parking area, or on the property of the owner for a period of more than 72 hours, except after application for and issuance of a temporary permit, such permit to be authorized by the Building Inspector/Code Enforcement Officer for a specified period not to exceed seven days. The Building Inspector/Code Enforcement Officer may, at his discretion, issue such permit for any combination or group of vehicles or units as he deems appropriate.

B. Loading. In addition to any required off-street parking, off-street loading facilities shall be provided for each commercial or industrial building or use hereafter constructed, established, or expanded and having a gross floor area in excess of 600 square feet, in accord with the following:

(1) Off-street loading shall be so arranged as not to interfere with pedestrian or motor traffic on the public roadway, and any required off-street loading berth shall have a clear area not less than 12 feet in width by 25 feet in length.

(2) An off-street loading space may occupy any part of any required side or rear yard, except no such berth shall be located closer than 100 feet to any residential use other than on the same premises unless wholly within an enclosed structure.

(3) Adequate screen-planting, fencing, or other visual separation shall be provided in conjunction with any such required off-street loading area.

C. Off-street parking or loading areas, once designated and approved, shall not be diminished, assigned, or otherwise used except after application for and issuance of a permit approving such action.

§ 190-17 Site improvements and screening.

[Amended 6-15-1982]

A. Landscaping may be required according to the following:

(1) Any use required by these regulations as outlined in §§ 190-28 and 190-30 to be landscaped shall provide for the planting of trees, shrubs, bushes and ground cover. Also, existing trees, and shrubs shall be protected wherever possible. Landscaping structures such as retaining walls or tree wells may be required.

(2) The Joint Zoning Board of Appeals/Planning Commission may request a landscaping plan, drawn to scale, showing all existing landscaping before development, landscaping to be retained and all new plantings. The species and size of all trees, shrubs, and bushes may be shown on the plan.

[Amended 11-8-2017 by L.L. No. 5-2017]

(3) The area required to be landscaped shall be determined by the Joint Zoning Board of Appeals/Planning Commission based on the type, location and size of project.

[Amended 12-19-2000 by L.L. No. 6-2000; 11-8-2017 by L.L. No. 5-2017]

B. Fencing and screen-planting may be required according to the following:

(1) Any use required by these regulations to be fenced or screened shall provide a fence so as to preclude entry, or shall provide a structural or planted (landscaped) screen sufficient to effectively screen such use from view from abutting properties and the public right-of-way as is considered appropriate.

(2) The Joint Zoning Board of Appeals/Planning Commission shall determine the requirements for fencing and screening in conjunction with its review of planned development districts, and in conjunction with its review of conditional use permits where fencing and screening may be required.

[Amended 11-8-2017 by L.L. No. 5-2017]

C. Any landscaping, fencing or screening installed in accordance with this section shall be maintained in good order and repair to achieve the objectives of the same. Failure to maintain the required landscaping, fencing and screening shall be considered a violation of these regulations and a breach of any condition imposed and/or granted with respect to said land.

§ 190-18 Dwelling units in Commercial or Manufacturing-Industrial Districts.

In any Commercial or Manufacturing-Industrial District, the requirements for lot area, lot width, side yards, and rear yards as specified for dwellings in the R-3 Residential District shall apply to any commercial or manufacturing building in which one or more dwelling units are also located. In lieu of this requirement for such buildings, there may be provided on the lot at ground level, free, accessible and usable open space of at least 400 square feet for each dwelling. Said open space shall not be used for storage, automobile parking, accessory buildings or other uses, but shall be available and usable for outdoor recreational use and for household activities which are normally carried on outdoors.

§ 190-19 Residential floor area requirements.

[Amended 5-5-2009 by Ord. No. 09-03]

All dwelling units must have a minimal dimensional criterion of 18 feet wide. Minimum residential ground floor area, measured from the exterior faces of exterior walls, exclusive of garages and open porches, shall be as follows:

District	Number of Stories	Minimum Ground Floor Area Per Dwelling
Residential R-1 and A	One story	1,000 square feet
	More than one story	900 square feet
Residential R-2	One story	900 square feet
	More than one story	800 square feet
Residential R-3	One story	800 square feet
	More than one story	750 square feet
Mobile Dwelling-Planned	One story	750 square feet

§ 190-20 Additional area regulations.

A. Visibility at street corners. On corner lots, except in districts where no front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street lines at points 20 feet distant from the point of intersection, measured along said street lines.

B. Front yard exceptions. In residential districts where the average front yard for buildings existing immediately adjacent to a lot within 100 feet exceeds the minimum specified, a front yard shall be provided on the lot equal to this greater average depth, but need not exceed 50 feet. Where such average front yard is less than the minimum specified, the building may be built to this lesser depth, but shall not be less than 25 feet from the road right-of-way. An adjacent vacant lot shall be considered as having the minimum front yard as required in the district for the purpose of computing such average front yard.

[Amended 12-19-2000 by L.L. No. 6-2000]

C. Transition yard requirements.

(1) Where two districts abut on the same street between two intersecting streets, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to 1/2 the required depth of that required in the more restricted district.

(2) Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the more restricted district.

§ 190-21 Fences, walls, and plantings.

[Amended 8-7-1979; 10-2-1979; 5-5-2009 by Ord. No. 09-03]

No fence, wall, or planting shall be placed or maintained within the required front yard which interferes with the safe movement of vehicular or pedestrian traffic or the removal and storage of snow. Specifically, no fence, wall, or planting shall be closer than three feet to any street right-of-way or sidewalk. No fence or wall shall exceed six feet in height in any front or side yard. See also § 190-20A.

§ 190-22 Lots in two districts.

Where a district boundary line divides a lot held in one ownership at the time of adoption of said district line, the regulations for the less restricted portion of such lot shall apply to the remainder of said lot up to a distance of not more than 50 feet from said district line.

§ 190-23 Access to county and state highways.

When new access (driveway) to a state or county highway is being created, there shall be provided a turnaround area off the public right-of-way. This is intended to eliminate the need to back a motor vehicle out onto a county or state roadway.

§ 190-24 Adequacy of water supply and sewage disposal.

Before a permit is issued for the construction of a building requiring a water supply and sewage disposal, the applicant shall provide written evidence that acceptable provisions have been made for both.

§ 190-25 Nursery school.

[Amended 10-7-1980; 10-20-1981]

A. Physical plant.[1]

(1) The location of a nursery school facility can be properly accommodated on the parcel in question without interfering with or in any way being incompatible with adjoining uses.

(2) Adequate opportunity for safe and convenient children dropoff and pickup is provided for and will in no way present a hazard to the children or interfere with the proper flow of traffic along the public street. Consideration will be given to the number of arrivals and departures daily and the time of day at which such are to occur relative to traffic patterns in the neighborhood.

(3) No exterior display, construction or evidence of the nursery school other than appropriately situated outdoor play area and equipment shall be permitted, except one identification sign as otherwise permitted in a residential district.

[1] Editor's Note: Original Section 25A, Definition, which immediately preceded this subsection, was repealed 12-19-2000 by L.L. No. 6-2000.

B. Sanitation.

(1) All rooms, outdoor play space, equipment, supplies and furnishings shall be kept clean and sanitary at all times. The premises shall be kept free from dampness, odors, vermin and the accumulation of trash.

(2) Each nursery school shall comply with the requirements of state and local departments of health. Adequate and safe water supply and sewage facilities shall be provided and shall comply with state and local laws.

C. Safety precautions.

(1) Suitable precautions shall be taken to eliminate all conditions which may contribute or create a fire or safety hazard.

(2) Electrical heaters or other portable heating device shall not be used in rooms accessible to children regardless of the type of fuel used.

(3) There shall be an adequate number of fire extinguishers which shall be tested and maintained in good working condition.

(4) The home shall be equipped with a first aid kit which shall be kept adequately stocked for emergency treatment. First aid supplies shall be kept in a clean container in a locked cabinet.

(5) All flammable liquids, cleaning supplies, detergents, matches, lighters and any other such items which may be harmful to children shall be kept in a locked cabinet.

(6) Children shall be cared for only on such floors as are provided with readily accessible alternate means of egress which are remote from each other.

(7) There shall be fire safety precautions established, and quarterly fire drills shall take place so that each child is made aware of these precautions.

(8) There shall be one smoke detectors near heat-producing equipment and one near the entrance of each room used by children.

(9) Adult supervision required shall be a ratio of children to adults of not be greater than 12:1.

D. Procedures for new renewal of zoning permit.

(1) Conditional use permit must be obtained before new zoning permit is granted.

(2) All applicable mandatory state regulations shall be met.

(3) For a renewal of zoning permit, the Joint Zoning Board of Appeals/Planning Commission must review the original conditional use permit and send recommendations to the Building Inspector/Code Enforcement Officer.

[Amended 11-8-2017 by L.L. No. 5-2017]

(4) Zoning permits must be renewed every five years for said nursery school.

(5) State revocation of said certificate, issued by the New York State Department of Education, would result in the revocation of City zoning permit.

§ 190-26 Solar collector systems and solar access.

[Amended 9-20-1983; 8-18-2015 by Ord. No. 15-01; 11-8-2017 by L.L. No. 5-2017; 2-2-2021 by L.L. No. 3-2021]

A conditional use permit is required for all solar installation projects, with the exception of those using a New York State unified solar permit. In reviewing proposals for new construction, the Building Inspector/Code Enforcement Officer shall bring applications relating to solar systems to the attention of the Joint Zoning Board of Appeals/Planning Commission. The Joint Zoning Board of Appeals/Planning Commission shall take into consideration, to the extent possible, the effect the proposed construction, reconstruction, alteration, etc., will have on the solar access of surrounding properties. Where new construction involves more than one structure, the Joint Zoning Board of Appeals/Planning Commission must give consideration to the solar access of each new structure prior to the permit application approval.

§ 190-26.1 Outdoor furnaces.

[Added 4-2-2013 by L.L. No. 2-2013]

A. Purpose. Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and adverse potential health effects of uncontrolled emissions. This section is intended to ensure that outdoor furnaces are used in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the City of Oneida.

B. Permit required. No person shall cause, allow or maintain the use of an outdoor furnace within the City of Oneida without first having obtained a permit from the Code Enforcement Officer and Fire Department. An application for a permit shall be made to the Code Enforcement Officer and Fire Department on the forms provided.

C. Existing outdoor furnaces. Any outdoor furnace in existence on the effective date of this section shall be permitted to remain, provided that the owner had properly applied for and obtained a permit from the Code Enforcement Officer for such existing outdoor furnace in accordance with former Chapter 70 of the Code of the City of Oneida. The owner of any existing outdoor furnace which was not properly permitted under former Chapter 70, has six months from the effective date of this section to obtain the necessary permit. If the owner of an existing outdoor furnace does not receive a permit within six months of the effective date of this section, such outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site as of the date of adoption of this section.

D. Use; placement; operation.

(1) Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning of any and all other materials in an outdoor furnace is prohibited.

(2) Minimum lot size. Outdoor furnaces shall be permitted only on lots of three acres or more.

(3) Setbacks. Outdoor furnaces shall be set back not less than 200 feet from the owner's nearest property line.

(4) Months of operation. Outdoor furnaces shall be operated only between September 1 and May 31.

(5) Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors.

E. Suspension of permit. A permit issued pursuant to this section may be suspended as the Code Enforcement Officer may deem necessary to protect the public health, safety and welfare of the residents of the City of Oneida, if any of the following conditions occurs:

(1) Emissions from the outdoor furnace exhibit greater than twenty-percent opacity (six-minute average) except for one continuous six-minute period per hour of not more than twenty-seven-percent opacity, which shall be determined as provided in 6 NYCRR 227-1.3(b);

(2) Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located;

(3) The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property;

(4) The emissions from the outdoor furnace cause damage to vegetation or property; or

(5) The emissions from the outdoor furnace are or may be harmful to human or animal health.

F. A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall result in the revocation of the permit, and the subject outdoor furnace shall not be eligible for another permit.

G. Effect on other regulations. Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency or any other federal, state, regional or local agency. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with any outdoor furnace, shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations; the more restrictive or stringent provision or requirement shall prevail.

§ 190-26.2 Wind energy.

[Added 12-6-2022 by L.L. No. 10-2022; amended 9-16-2025 by L.L. No. 4-2025]

A. Purpose. The City of Oneida has determined that a comprehensive local law regulating the development of wind energy conversion systems is necessary to protect the interests of the City and its residents. The City adopts this section to promote the effective and efficient use of the City's wind energy resource through wind energy conversion systems and to regulate the placement of such systems so that public health, safety, and welfare will not be jeopardized and that the wind energy conversion systems will not have a significant adverse impact on the aesthetic qualities of the City.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL WIND ENERGY SYSTEM

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics that has a rated capacity greater than 250 kilowatts and a total height of more than 150 feet and is intended to solely supply electrical power into a power grid for sale.

NONCOMMERCIAL WIND ENERGY SYSTEM

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity of not more than 250 kilowatts and a total height of less than 150 feet.

TOTAL HEIGHT or MAXIMUM OVERALL HEIGHT

The height of the wind energy conversion system measured from the ground elevation to the top of the tip of the blade in the vertical position.

TOWER

The support structure, including guyed, monopole, and lattice types, upon which a wind turbine or other mechanical device is mounted.

TOWER HEIGHT

The height above grade of the uppermost fixed portion of the tower, excluding the length of any axial rotating turbine blades.

WIND ENERGY CONVERSION SYSTEMS (WECS)

One or more mechanical devices, such as wind chargers, windmills, or wind turbines, that are designed and used to convert wind energy into a form of useful energy for use on site to reduce power costs for sale or redistribution to others. WECS includes both commercial and noncommercial systems.

WIND ENERGY FACILITY

Any wind energy conversion system or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads, and accessory structures.

WIND ENERGY SYSTEM

The equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, substation, maintenance or control facilities or other component used in the system.

WIND MEASUREMENT TOWER

A tower used for the measurement of meteorological data such as temperature, wind speed, and wind direction.

C. Applicability. The requirements of this section shall apply to all wind energy facilities proposed, operated, modified, or constructed after the effective date of this section.

D. Permits required; allowable zoning districts.

(1) No wind energy facilities shall be constructed, reconstructed, modified, or operated in the City of Oneida except in compliance with this section.

(2) No wind energy facilities shall be constructed, reconstructed, modified, or operated in the City of Oneida except in Agriculture (A) and Community Services (C-S) Zones, subject to the issuance of a conditional use permit approved pursuant to this section, the completion of environmental review pursuant to the State Environmental Quality Review Act (SEQRA), and the issuance of a building permit.

(3) No wind measurement tower shall be constructed in the City of Oneida except in the allowable districts pursuant to a conditional use permit and this section.

E. Applications for wind energy facilities.

(1) Applications for a conditional use permit for WECS will follow the general process for the issuance of a conditional use permit as described in Chapter 190 of the City Code and this section, and shall be as follows:

(a) Applicants for a conditional use permit for wind energy conversion systems within the City of Oneida shall submit the following information to the City for its referral to a professional engineer or consultant and to the Joint Zoning Board of Appeals/Planning Commission through the Director of Planning and Development:

[1] Name and address of the applicant.

[2] Evidence that the applicant is the owner of the property involved or has the written permission of the owner to make such an application.

[3] Visual environmental assessment form (visual EAF), landscaping plan, and visual assessment report, including appropriate models and photography assessing the visibility from key viewpoints identified in the visual EAF or by the City of Oneida, existing tree lines, and proposed elevations. The visual EAF shall include a detailed or photographic simulation showing the site fully developed with all proposed wind turbines and accessory structures.

[4] A SEQR full environmental assessment form (EAF).

[5] A site plan drawn in sufficient detail to show the following:

[a] Location of the tower(s) on the site and the tower height, including blades, rotor diameter, and ground clearance.

[b] Utility lines, both above and below ground, within a radius equal to the proposed tower height, including the blades.

[c] Property lot lines and the location and dimensions of all existing structures and uses on site within 1,000 feet of the wind energy conversion systems.

[d] Surrounding land use and all structures within 1,500 feet of the wind energy conversion systems.

[e] Dimensional representation of the various structural components of the tower construction, including the base and footing.

[f] Certification by a registered New York State professional engineer that the tower's design is sufficient to withstand wind loading requirements for structures as established by the New York State Uniform Construction Code.

[g] Existing topography.

[h] Proposed plan for grading and removal of natural vegetation.

[i] Proposed plan for restoration after construction according to City of Oneida and NYS Department of Environmental Conservation guidelines.

[j] Wind characteristics and dominant wind direction from which 50% or more of the energy contained in the wind flows.

[k] Plan for ingress and egress to the proposed project site, including:

[i] A description of the access route from the nearest state-, county-, and/or City-maintained roads to include:

[A] Road surface material, stating the type and amount of surface cover.

[B] Width and length of access route.

[C] Dust control procedures.

[ii] A road maintenance schedule or program.

[iii] Review of railroad accessibility for deliveries.

[l] A detailed construction plan, including but not limited to a construction schedule; hours of operation; designation of heavy haul routes; a list of material equipment and loads to be transported; identification of temporary facilities intended to be constructed; and a contact representative in the field with a name and phone number.

[m] Tree removal. All groves of trees shall be located on the site plan at the time of application. No grove or woodlots of trees shall be removed without approval of the Joint Zoning Board of Appeals/Planning Commission.

[6] Turbine information: must contain specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each commercial wind turbine model, tower, and electrical transmission equipment.

[7] Turbine drawings: must contain photographs or detailed drawings of each wind turbine model, including the tower and foundation.

[8] Noise report. A noise report shall be furnished which shall include the following:

[a] A description and map of the project's noise-producing features, including the range of noise levels expected, and the tonal and frequency characteristics expected. The noise report shall include low frequency, infrasound, pure tone, and repetitive/impulsive sound.

[b] A description and map of the noise-sensitive environment, including any sensitive noise receptors (i.e., residences, hospitals, libraries, schools, places of worship, and other facilities where quiet is important) within two miles of the proposed facilities.

[c] A survey and report prepared by a qualified engineer that analyzes the preexisting ambient noise regime, including seasonal variation, including but not limited to separate measurements of low frequency and A-weighted noise levels across a range of wind speeds, including near cut-in, turbulence measurements, distance from the turbines, location of sensitive receptors relative to wind direction and analyses at affected sensitive receptors, located within two miles of the proposed project site.

[d] A description and map showing the potential noise impacts, including estimates of expected noise impacts upon construction and operation workers and estimates of expected noise levels at sensitive receptor locations.

[e] A description and map of the cumulative noise impacts.

[f] A description of the project's proposed noise-control features, including specific measures proposed to protect workers and specific measures proposed to mitigate noise impacts for sensitive receptors consistent with levels in this section.

[g] Identification of any problem areas.

[h] Manufacturers' noise design and field-testing data, both audible dB(A) and low frequency (deep bass vibration), for all proposed structures.

[i] A report that outlines issues and considerations for individuals that use hearing aids.

[9] A geotechnical report shall be furnished which shall, at a minimum, include the following information:

[a] Soil engineering and engineering geologic characteristics of the site based on soil-site sampling and testing.

[b] Foundation design criteria for all proposed structures.

[c] Slope stability analysis.

[d] Grading criteria for ground preparation, cuts, and fills, and soil compaction.

[e] Blasting analysis evaluating site conditions, geological formations, proximity to structures, and environmental sensitivities.

[10] Ice throw calculations: a report from a New York State professional engineer that calculates the maximum distance that ice from the turbine blades could be thrown. The basis of the calculation and all assumptions must be disclosed.

[11] Blade throw calculations: a report from a New York State professional engineer that calculates the maximum distance that pieces of the turbine blades could be thrown. The basis of the calculation and all assumptions must be disclosed.

[12] Catastrophic tower failure: a report from the turbine manufacturer stating the wind speed and conditions that the turbine is designed to withstand, including all assumptions.

[13] FAA notification: a copy of the written notification to the Federal Aviation Administration.

[14] Utility notification: utility interconnection data and a copy of a written notification to the utility of the proposed interconnection.

[15] Notification to microwave communications link operators. An application that includes any wind turbine which is located within two miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link.

[16] Floodplain. An application that includes any wind turbine which is located within a 100-year floodplain area, as such flood hazard areas are shown on the floodplain maps, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation, and flooding, and which shall propose mitigation measures for such impacts.

[17] Other information: such additional information as may be reasonably requested by the City Engineer, Code Enforcement Officer, and the Director of Planning and Development.

(2) Conditional use permits issued for wind energy conversion systems shall be subject to the following conditions:

(a) Setbacks. The applicant shall adhere to the following setbacks:

[1] From zoning districts:

[a] Residential lot setback:

[i] No commercial wind energy systems shall be allowed in any residential district.

[ii] One thousand feet from any residential district boundary line.

[2] From structures:

[a] A minimum of 1.5 times the total WECS height from any building located outside the applicant's property line.

[b] A minimum of 1,500 feet from any dwelling.

[3] From property lines (excluding residential zones):

[a] A minimum of 1.5 times the total WECS height from any property line, excluding adjoining lot lines of project participants.

[4] From public roads and highways:

[a] A minimum of 1.5 times the total WECS height from any public road and highway.

[b] Where the lot line abuts a public right-of-way, the setbacks specified above shall be measured from the center line of such right-of-way.

[5] From aboveground transmission lines greater than 12 kilovolts:

[a] A minimum of 1.5 times the total WECS height from any aboveground transmission line greater than 12 kilovolts, excluding where transmission lines are located within PUD Zones and those transmission lines associated with the WECS.

[6] Notwithstanding the provisions set forth in these subsections, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement for a period of 25 years or the life of the permit, whichever is longer, that the adjacent landowner agrees to the elimination of the setback, and is approved by the Joint Zoning Board of Appeals/Planning Commission.

(b) Maximum overall height. The maximum overall height of any wind energy conversion system shall be 200 feet. The maximum height shall be measured from the ground elevation to the top of the tip of the blade in the vertical position.

(c) Signage.

[1] Signage limited. No advertising sign shall be placed or painted on any commercial wind energy facility.

(d) Color and finish; camouflage facilities.

[1] Color and finish. Wind turbines shall be painted a nonobtrusive (e.g., light environmental color such as white, gray, or beige) color that is nonreflective.

[2] Camouflage facilities. The design of commercial wind energy facility buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility into the natural setting and the existing environment.

(e) Lighting.

[1] Lighting plan required. The applicant shall submit a commercial wind energy facility lighting plan that describes all lighting that will be required, including any lighting that may be required by the FAA. Such plan shall include but is not limited to the planned number and location of lights, light color, whether any such lights will be flashing, and mitigation measures planned to control the light so that it does not spill over onto neighboring properties.

(f) Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval related to the completion of the wind energy conversion system.

(g) Safety and security requirements. The applicant shall adhere to the following safety and security requirements:

[1] Safety shutdown. Each wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No wind turbine shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades, and turbine components.

[2] Grounding. All structures which may be charged with lightning shall be grounded according to applicable electrical codes.

[3] Wiring. All wiring between the wind turbines and the wind energy facility substation shall be underground. The applicant is required to provide a site plan showing the locations of all overhead and underground electric utility lines, including substations for the project.

[4] All transmission lines from wind energy conversion systems to oil-site substations shall be underground. The Joint Zoning Board of Appeals/Planning Commission shall have the authority to waive this requirement if the owner of the property upon which the transmission line will be sited consents to aboveground transmission lines or if the Joint Zoning Board of Appeals/Planning Commission has sufficient engineering data submitted by the applicant to demonstrate that underground transmission lines are unfeasible.

[5] Ground clearance. The blade tip of any wind turbine shall, at its lowest point, have a ground clearance of not less than 50 feet.

[6] Climbability. Wind turbine towers shall not be climbable up to 15 feet above ground level.

[7] Access doors locked. All access doors to wind turbine towers and electrical equipment shall be lockable and shall remain locked at all times when operator personnel are not present.

[8] Self-supporting structures. All wind energy conversion system structures shall be of monopole construction (single pole). No lattice structures or guy-wire-supported structures shall be permitted.

[9] Signage. Appropriate warning signage shall be placed on wind turbine towers, electrical equipment, and wind energy facility entrances. Signage shall also include two twenty-four-hour emergency contact numbers for the owner of the wind turbine in accordance with local, state, and federal codes.

[10] Ice throw. The permit shall determine the acceptable ice throw range based on the activities in the area, location, and calculations of the ice throw.

(h) Noise requirements. The applicant shall adhere to the following noise requirements:

[1] Compliance with noise regulations is required. A WECS permit shall not be granted unless the applicant demonstrates that the proposed project complies with all noise regulations.

[2] Noise study required. The applicant shall submit a noise study based on the requirements set out in Subsection B of this section. The Director of Planning with the assistance of a technical consultant, or City Engineer, shall determine the adequacy of the noise study and, if necessary, may require further submissions. The noise study shall consider the following:

[a] Low-frequency noise.

[b] Infrasound noise.

[c] Pure tone.

[d] Repetitive/impulsive sound.

[3] Noise setbacks. The Joint Zoning Board of Appeals/Planning Commission may impose a noise setback that exceeds the other setbacks set out in this section if it deems that such greater setbacks are necessary to protect the public health, safety and welfare of the community.

[4] Audible noise standard. The audible noise standard due to wind turbine operations shall not be created which causes the noise level at the boundary of the proposed project site to exceed the greater of 45 dB(A) for more than five minutes out of any one-hour time period or six dB(A) greater than the prevailing background noise.

[5] Operations, low-frequency noise. A WECS facility shall not be operated so that impulsive sound below 20 Hz adversely affects the habitability or use of any dwelling unit, hospital, school, library, nursing home, or other sensitive noise receptors.

[6] Noise complaint and investigation process required. The applicant shall submit a noise complaint and investigation process. The Joint Zoning Board of Appeals/Planning Commission shall determine the adequacy of the noise complaint and investigation process.

(i) Fire hazard protection. The applicant shall submit a fire control and prevention program that is appropriate and adequate for the proposed facility. The proposed program may include, but is not limited to, the following:

[1] Fireproof or fire-resistant building materials.

[2] Buffers or fire-retardant landscaping.

[3] Availability of water.

[4] An automatic fire-extinguishing system for all buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment without regular human occupancy.

[5] Provision of training and firefighting equipment for local fire protection personnel.

(j) Impact on wildlife species and habitat. The applicant shall adhere to the following regarding the impact on wildlife species and habitat:

[1] Endangered or threatened species. The development and operation of a WECS facility shall not have a significant adverse impact on endangered or threatened fish, wildlife, or plant species or their critical habitats, or other significant habitats identified in the City of Oneida Comprehensive Plan and/or the studies and plans of the regional planning commissions based on criteria established by federal or state regulatory agencies.

[2] Migratory birds. The development and operation of a commercial wind energy facility shall be evaluated based on SEQRA findings.

(k) Unsafe and inoperable wind energy facilities; site reclamation. The applicant shall adhere to the following:

[1] Removal and site restoration. Unsafe WECS facilities, inoperable WECS facilities, and WECS facilities for which the permit has expired shall be removed by the owner at his or her expense. All safety hazards created by the installation and operation of the commercial wind energy facility shall be eliminated, and the site shall be restored to its natural condition to the extent feasible. A bond or other appropriate form of security shall be required to cover the cost of the removal and site restoration at the time of the building permit application. The bond shall be payable to the City of Oneida for the removal of nonfunctional towers and appurtenant facilities in an amount to be determined by the City on an annual basis for the period of the life of the facility. Any fund established may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant.

[2] Removal and site restoration plan required. The applicant shall submit a removal and site restoration plan and removal and site restoration plan cost estimate to the Code Enforcement Officer/Building Inspector, City Engineer, and Planning Director for review and approval. The restoration plan shall identify the specific properties it applies to and shall indicate the removal of all buildings, structures, wind turbines, access roads and/or driveways and foundations to four feet below finish grade; road repair costs, if any; and all regrading and revegetation necessary to return the subject property to the condition existing prior to establishment of the WECS facility. The restoration shall reflect the site-specific character, including topography, vegetation, drainage, and any unique environmental features. The plan shall include a certified estimate of the total cost (by element) of implementing the removal and site restoration plan.

[3] Public nuisance. Every unsafe WECS facility and every inoperable WECS facility is hereby declared a public nuisance which shall be subject to abatement by repair, rehabilitation, demolition, or removal. An inoperable WECS facility shall not be considered a public nuisance, provided that the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and will be completed within no more than six months.

[4] "Inoperable" defined. A commercial wind energy facility shall be deemed inoperable if it has not generated power within the preceding six months.

(l) Interference with residential television, microwave, and radio reception. The applicant must submit proof that the proposed construction of the wind energy conversion system will not cause interference with microwave transmissions, cellular transmissions, residential television interference, or radio reception of domestic or foreign signals. The applicant shall include specific measures proposed to prevent interference, a complaint procedure, and specific measures proposed to mitigate interference impacts.

(m) Compliance with FAA regulations. All commercial wind energy siting shall comply with Federal Aviation Administration (FAA) regulations.

[1] Locking mechanisms to limit radar interference are required. All WECS facilities shall include a locking mechanism that prevents the blades from rotating when not producing power, in order to limit airport radar interference or "clutter." This provision does not apply while the WECS is "free-wheeling" during startup and shutdown. The Joint Zoning Board of Appeals/Planning Commission may modify or eliminate the requirement for a locking mechanism if sufficient evidence is presented that no significant airport radar interference or "clutter" will be caused by the WECS facility.

(n) Erosion control. The applicant shall adhere to the following:

[1] Erosion control plan required. Before the City of Oneida shall issue a grading or building permit for the WECS facility, the applicant shall submit an erosion control plan to the Director of Planning and Development for review and approval. The plan shall minimize the potential adverse impacts on wetlands and Class I and II streams and the banks and vegetation along those streams and wetlands and minimize erosion or sedimentation.

[2] If the proposed project disturbs over one acre, the applicant must comply with the New York State Department of Environmental Conservation (NYSDEC) SPDES General Permit for Stormwater Discharges from Construction Activity (Permit No. GP-02-01). A copy of the notice of intent (N.O.I.) and stormwater pollution prevention plan (SWPPP), as required by the general permit, must be filed with the City of Oneida Code Enforcement Office prior to construction. Per the general permit, construction cannot begin until the required time period for the NYSDEC review has passed.

(o) Certification. The applicant shall provide the following certifications:

[1] Certification of structural components. The foundation, tower, and compatibility of the tower with the rotor and rotor-related equipment shall be certified, in writing, by a structural engineer licensed and registered in New York. The engineer shall certify compliance with good engineering practices and compliance with the appropriate provisions of the Uniform Building and Construction Code that have been adopted in New York State.

[2] Certification of post-construction. After completion of the wind energy conversion system, the applicant shall provide a post-construction certification from a licensed professional engineer licensed and registered in the State of New York that the project complies with applicable codes and industry practices and has been completed according to the design plans.

[3] Certification of the electrical system. The electrical system shall be certified, in writing, by an electrical engineer registered in New York. The engineer shall certify compliance with good engineering practices and with the appropriate provisions of the Electric Code that have been adopted by New York State.

[4] Certification of rotor overspeed control. The rotor overspeed control system shall be certified, in writing, by a mechanical engineer licensed and registered in New York State. The engineer shall certify compliance with good engineering practices.

[5] Certification of project. A certificate of completion must be supplied by the applicant and approved by the City of Oneida Code Enforcement Officer.

(3) Monitoring requirements for wind energy conversion systems.

(a) Right to enter premises for monitoring. Upon reasonable notice, City of Oneida officials or their designated representatives may enter a lot on which a WECS facility permit has been granted for the purpose of compliance with any permit requirements. Twenty-four hours' advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice.

(b) Avian/bat impact study plan. The applicant shall submit a plan for monitoring the avian impact of the commercial wind energy facility to the Joint Zoning Board of Appeals/Planning Commission for its review and approval. Such a plan shall document and follow accepted scientific study procedures. In addition, the applicant shall agree to submit a report to the Joint Zoning Board of Appeals/Planning Commission according to the requirements of the applicable regulatory agencies that identifies all dead birds found within 500 feet of the commercial wind energy facility.

(c) Periodic reporting is required. The applicant shall agree to submit periodic monitoring reports to the City. The report shall contain data on the operations and environmental impacts and shall be in the form prescribed by the Code Enforcement Officer or Director of Planning and Development.

(d) Power production report required. The applicant shall agree to submit as requested by the Joint Zoning Board of Appeals/Planning Commission a power production report to the City. The power production report shall include actual power production in kilowatt-hours for each WECS facility.

(e) Inspections. Unless waived by the Joint Zoning Board of Appeals/Planning Commission, wind turbines or poles over 150 feet in height shall be inspected annually by a New York State licensed professional engineer that has been approved by the City or at any other time upon a determination by the City's Code Enforcement Office that the wind turbine, tower or pole may have sustained structural damage, and a copy of the inspection report shall be submitted to the City Code Enforcement Officer. Any fee or expense associated with this inspection shall be borne entirely by the permit holder.

(f) General complaint process.

[1] During construction, the City of Oneida Code Enforcement Officer can issue a stop-work order at any time for any violations of the permit.

[2] Post construction. After construction is complete, the permit holder shall establish a contact person, including name and phone number, for receipt of any complaint concerning any permit requirements. Upon receipt of a complaint from the City of Oneida Code Enforcement Officer, the permit holder contact person shall have seven working days to reply to the City in writing.

(4) Application and development fees and costs.

(a) Application fee. The applicant shall pay a fee of $5,000 per wind energy system associated with the City of Oneida's review and processing of the application. The applicant shall submit a deposit with the application in the amount as set forth above. Following action on the application, any unused amount of the deposit(s) shall be returned to the applicant with a summary of the costs incurred.

(b) Development fees to be paid. A one-time or periodic fee and a requirement to provide public works or services may be imposed as a condition of a commercial wind energy system permit. Such fees must be related to the public need created by wind energy development. The purposes for which the permit fee may be used include, but are not limited to, providing roads required by the wind development, providing fire protection services, and establishing and operating a monitoring system.

(c) Proof of insurance. Prior to the issuance of a building permit, the applicant shall provide the City Clerk with proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with the construction and operation thereof.

(5) Findings.

(a) Findings necessary to grant a WECS facility permit. In order to grant a WECS facility permit, the Joint Zoning Board of Appeals/Planning Commission shall review the application and all filings by any other party and conduct a public hearing. A commercial wind energy facility permit shall not be granted unless the City of Oneida makes the following findings based on substantial evidence:

[1] Consistent with the Comprehensive Plan. The proposed commercial wind energy facility project is consistent with the Comprehensive Plan of the City of Oneida.

[2] Will not unreasonably interfere with the orderly land use and development plans. The proposed WECS facility will not unreasonably interfere with the orderly land use and development plans of the City of Oneida.

[3] Benefits to the applicant and the public will exceed any burdens. The benefits of the proposed WECS facility project to the applicant and the public will exceed any burdens.

[4] Not detrimental to the public health, safety, and general welfare of the community. The proposed WECS facility will not be detrimental to the public health, safety, or general welfare of the community.

[5] Complies with all required provisions of the site plan review regulations. The proposed WECS facility shall comply with all required provisions of the site plan review regulations unless variances have been properly applied for and granted pursuant to Chapter 143 of the Code of the City of Oneida.

[6] Complies with all required provisions of the zoning regulations. The proposed WECS facility shall comply with all required provisions of the zoning regulations unless variances have been properly applied for and granted pursuant to Chapter 190 of the Code of the City of Oneida.

(6) The Joint Zoning Board of Appeals/Planning Commission may grant the conditional use permit, deny the conditional use permit, or grant the conditional use permit with written stated conditions. Denial of the conditional use permit shall be by written decision based upon substantial evidence submitted to the Joint Zoning Board of Appeals/Planning Commission. Upon issuance of the conditional use permit, the applicant shall obtain a building permit for each tower.

(7) WECS permits approved by the City Council of the City of Oneida shall be renewed annually. The permit holder shall make a renewal application to the Code Enforcement Officer 60 days' prior to expiration to allow for inspection and full compliance with all applicable laws and regulations. The renewal application will include a fee as set by the City Council of no more than $500 per wind energy system.

(8) The conditional use permit shall not be assignable or transferable without the approval of the Joint Zoning Board of Appeals/Planning Commission.

(9) Amendments to conditional use permit. Any changes or alterations post construction to the WECS shall be done only by amendment to the conditional use permit and subject to all requirements of this section.

(10) The applicant licensee shall agree to indemnify and hold the City, its City Council, officers, agents and employees harmless from any liability imposed upon the City, its officers, agents and/or employees arising from the construction, operation or maintenance of the WECS.

(11) The applicant shall certify to the City that appropriate security will be in place to restrict access to the WECS and facilities following completion of construction.

F. Wind measurement towers. The City acknowledges that prior to construction of a WECS, a wind site assessment is conducted to determine the wind speeds and feasibility of using particular sites. Installation of wind measurement towers, also known as "anemometer (met) towers," shall be permitted as a conditional use in the same zoning districts as the WECS.

(1) An application for a wind measurement tower shall include:

(a) Name, address, and telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address, and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

(b) Name, address, and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.

(c) Address of each proposed tower site, including Tax Map section, block, and lot number.

(d) Site plan.

(e) Decommissioning plan, including a security bond or cash for removal.

(2) The Joint Zoning Board of Appeals/Planning Commission may attach such conditions as it deems appropriate to variance approvals as it deems necessary to minimize the impact of the variance.

G. Permit revocation.

(1) Testing fund. A conditional use permit shall contain a requirement that the application fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which may be required as often as every two years or more frequently upon request of City Code Enforcement in response to complaints by residents. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the conditional use permit and this section and shall also include an evaluation of any complaints received by the City. The applicant shall have 90 days after written notice from the Codes Department to cure any deficiency. An extension of the ninety-day period may be considered by the Code Enforcement Department, but the total period may not exceed 180 days.

(2) Operation. A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. The operational condition includes meeting all noise requirements and other permit conditions. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate permit conditions, the owner or operator shall remedy the situation within 90 days after written notice from the Code Enforcement Department. The applicant shall have 90 days after written notice from the Code Enforcement Department to cure any deficiency. An extension of the ninety-day period may be considered by the Code Enforcement Department, but the total period may not exceed 180 days.

(3) Notwithstanding any other abatement provision under this section, if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Joint Zoning Board of Appeals/Planning Commission may, after a public hearing at which the operator or owner shall be given the opportunity to be heard and present evidence, including a plan to come into compliance, either order remedial action within a particular time frame or order revocation of the wind energy permit or the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Code Enforcement Department shall have the right to use the security posted as part of the decommissioning plan to remove the WECS.

H. Fees and costs. All fees required under this section shall be approved by the Common Council by resolution. Nothing in this section shall be read as limiting the ability of the City to enter into host community agreements with any applicant to compensate the City for expenses or impacts on the community. The City shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA.

I. Enforcement; penalties for offenses; remedies.

(1) Any person owning, controlling or managing any building, structure, or land who shall undertake a WECS or wind measurement tower in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section or any order of the enforcement officer and any person who shall assist in so doing shall be guilty of an offense and subject to a fine of not more than $250 or to imprisonment for a period of not more than six months, or both. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The City may institute a civil proceeding to collect civil penalties in the amount of $250 for each violation, and each week said violation continues shall be deemed a separate violation.

(2) In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the City may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation to prevent the illegal act.

§ 190-26.3 Short-term rental uses.

[Added 12-6-2022 by L.L. No. 11-2022]

A. Purpose and legislative intent.

(1) The purpose of this section is to establish appropriate regulations for short-term rental uses in the City of Oneida. While the City recognizes that some property owners wish to rent to others on a short-term basis all or part of the dwelling units they own, the City also recognizes that it has an obligation to protect the public health, safety and welfare and minimize the adverse effects of such short-term rental uses.

(2) By enacting this section, the City intends to:

(a) Protect the health, safety and welfare of the community and of persons occupying short-term rentals;

(b) Prevent to the greatest extent practicable public safety risks and other impacts, including, but not limited to, increased noise, trash, traffic, and parking impacts associated with short-term rental uses;

(c) Protect neighborhood character and minimize the impact of short-term rental uses on neighbors and residential properties;

(d) Protect property values of the community;

(e) Protect housing affordability within the community for long-term residents, whether owners or renters;

(f) Assist homeowners to stay in their homes by allowing some short-term rental use of their homes to generate income to defray their cost of homeownership;

(g) Enable property owners to provide lodging for visitors to the City during periods of peak visitor and tourist demand, such as university, college graduation weekends, special events, and holiday weekends; and

(h) Promote the efficient use of housing stock.

B. Applicability. This section applies to all short-term rental uses except:

(1) Rentals of dwelling units that are owned by cooperative corporations and subject to proprietary leases under the Cooperative Corporations Law.

(2) House sitting arrangements where a house sitter occupies an owner's principal residence while the owner is away, the house sitter provides security, maintenance and/or pet care, and the house sitter pays no money or other financial consideration to the owner in exchange for the occupancy. For the purposes of this § 190-26.3, the ownership and minimum residency requirements in Subsection D below must be met for a dwelling unit to be considered an owner's principal residence.

C. Except as prohibited by the New York Multiple Dwelling Law, a short-term rental use is permitted, subject to this section's provisions, in a primary dwelling unit or an accessory dwelling unit in all zoning districts that allow a short-term rental use as a permitted accessory use.

D. An owner may obtain up to two operating permits at any one time from the Department of Code Enforcement for dwelling units used for short-term rental uses, with no more than one of the two permits being for an unhosted short-term rental use.

E. Provisions applicable to hosted and unhosted short-term rental uses.

F. Unhosted short-term rentals will be assessed as commercial properties.

G. The following requirements apply to both hosted and unhosted short-term rental uses:

(1) Operating permit required.

(a) Each dwelling unit used or offered for a short-term rental use shall require a valid operating permit issued pursuant to the City of Oneida's Chapter 61 (Fire Prevention), Oneida Chapter 33 (Building Code Administration and Enforcement), and Chapter 77 (Housing Standards). Each operating permit shall specify whether it is for a hosted or an unhosted short-term rental use, only one such use being allowed per unit. Before the expiration or renewal of an existing operating permit, it shall be the responsibility of the owner of such unit to renew the permit through self-certification that is submitted in person or by an internet host platform to the Department of Code Enforcement that will also be filed with the City Clerk.

(b) Owners of dwelling units used or offered for short-term rental uses as of January 1, 2023, must apply by July 1, 2023, for operating permits. Owners of dwelling units that are not used or offered for short-term rental uses as of November 1, 2022, but that are subsequently used or offered for short-term rental uses, must apply for operating permits prior to such use or offer for a short-term rental use. After an operating permit is obtained, it must be maintained throughout the period that such unit is used or offered for a short-term rental use.

(c) The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in Subsection G(1)(c)[1] through [13] below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code and the items listed in Subsection G(2) below meet the requirements of the City of Oneida Code:

[1] 911 address number properly posted (with each unit posted);

[2] Exterior structure in good repair;

[3] Entrances, access areas, parking spaces and similar areas in good repair;

[4] Receptacles for proper storage of garbage;

[5] Compliant pools and decks (if present);

[6] Working smoke and carbon monoxide detectors;

[7] Interior structure in good repair;

[8] Fire separation (where required);

[9] Electrical, plumbing and heating in good repair;

[10] Appliances in good repair (if supplied by landlord);

[11] Proper light and ventilation;

[12] Proper room sizes;

[13] Proper egress doors or windows;

[14] Compliant off-street parking, per § 190-16 and this section;

[15] Exterior property areas do not violate City of Oneida Code Chapter 33 (Building Code Administration and Enforcement).

[a] A Code Enforcement Officer/Building Inspector shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this section and where there is a reasonable cause to believe that there is a violation of this section, City of Oneida Chapter 33 (Building Code Administration and Enforcement), or the New York State Uniform Fire Prevention and Building Code.

[b] Failure of an owner of any unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted throughout the period that such unit is used or offered for short-term rental use shall be deemed a violation of this section.

[c] Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit.

[d] A short-term rental permit may be revoked at the discretion of any Code Enforcement Official or building inspector. This action can be appealed to the City of Oneida Joint Zoning Board of Appeals/Planning Commission.

(2) Additional hosted and unhosted short-term rental use requirements.

(a) The following provisions in this subsection apply in all zones where short-term rental uses are allowed. The owner of any unit used for a short-term rental use shall provide enough driveway parking spaces on the parcel containing such unit so that all vehicles belonging to the short-term renters are parked on site. Such vehicles may not park on the street.

(b) The following provisions in this subsection apply in all zones where short-term rental uses are allowed. No unit except a primary residence with a hosted short-term rental shall be subject to more than one short-term rental agreement at any one time. If the owner offers more than one unit on a parcel and/or adjacent parcel, only one unit may be rented as a short-term rental use at any one time.

(c) No unit used for a short-term rental use shall be rented for the accommodation of more individuals than two times the number of legal bedrooms in such unit.

[1] No more than four occupants shall be permitted to sleep in one sleeping room; however, no room shall be used for sleeping purposes unless there is at least 100 square feet of floor space for a single occupant and 50 square feet for each additional occupant and 400 cubic feet of air space for each occupant occupying any sleeping room in said house.

[2] Each furnished apartment shall have a minimum floor area of at least 150 square feet for one occupant and an additional 100 square feet of floor area for each additional occupant and 400 cubic feet of air space for each occupant.

[3] The use of the same sleeping room or rooms by different persons for sleeping purposes by any person or persons during any twenty-four-hour period is unlawful.

[4] All bedrooms must have sufficient heat in accordance with the requirements of the local heating ordinance.

[a] If individual heating equipment is installed, such individual heating units must be approved by the Building Inspector before installation and such units must be maintained in proper working condition.

[5] Each room containing a bed or beds shall have a window area of not less than 10% of the size of the floor space. Each window shall open directly into outside air.

[6] A basement apartment or room shall have at least 50% of the vertical height of the room above ground level.

[7] Each furnished apartment is to have its own bathroom with a toilet, washbasin and bathtub, or shower in lieu of bathtub.

[8] The cooking of food is prohibited in all sleeping rooms.

[9] Any building having furnished rooms shall have at least one bathroom, for each six persons lodged therein, located in accessible locations.

[10] There shall be at least one bathroom on the same floor where a furnished room is located.

(d) All units used for short-term rental uses shall have prominently posted in all bedrooms in such unit a copy of the valid operating permit for such unit and a notice in a form approved by the Code Enforcement Department containing safety and legal compliance information including, but not limited to, the following: location of the nearest exit in case of a fire; limitations contained in the City's laws regarding short-term rental uses and noise; and cell phone numbers of the owner and any manager, if there is one.

(e) Collection of rental information and actions to address complaints.

[1] Every time an owner rents a unit for an unhosted short-term rental use, prior to the beginning of the rental stay, the owner shall notify the Code Enforcement Department of the dates of the rental agreement by electronic methods established by such Department.

[2] Local contact person. Owners shall provide the Code Enforcement Department, all short-term renters and all occupants of adjacent properties with the name and contact information of a local individual who shall be available 24 hours per day, seven days per week, during the term of the unhosted stay. Once this notification is given to the Code Enforcement Department and adjacent property occupants, it does not need to be given to them again until the name and/or contact information changes. The owner or designated local contact person shall:

[a] Respond on site within 60 minutes to complaints regarding a condition or operation of the short-term rental use or the conduct of the renters; and

[b] Take remedial action to resolve any and all complaints.

(f) Limitations on number of days allowed for short-term rental use.

[1] Hosted short-term rental uses. There is no limit on the number of days per year that a dwelling unit may be used for a hosted short-term rental use.

[2] Unhosted short-term rental uses. Unless allowed a greater number of days below, no unit shall be used for an unhosted short-term rental use for more than 60 days in any calendar year in R-1 and R-2 Zones. This limitation of 60 days shall not apply to any written rental agreement that existed as of the adoption of this provision. For the purposes of this subsection, each of the following shall count as one day:

[a] A rental of 24 hours;

[b] A rental of less than 24 hours that includes an overnight stay;

[c] A rental of less than 24 hours that does not include an overnight stay.

[3] No unit shall be used for an unhosted short-term rental use for more than 60 days in any calendar year in R-3, Commercial, Downtown Commercial, and Light-Industrial Zones unless requested through a conditional use application to the Joint Zoning Board of Appeals/Planning Commission.

(g) Termination of certain legal nonconforming uses after amortization.

[1] The Zoning Board of Appeals/Planning Commission may grant conditional use approval for a short-term rental use subject to termination or a limitation on days under this subsection to continue for a stated period of time after the termination or limitation takes effect, provided that the owner applies to the Joint Zoning Board of Appeals/Planning Commission by December 7, 2022, for such conditional use approval, and further provided that the Joint Zoning Board of Appeals/Planning Commission finds that:

[a] The owner demonstrates that the short-term rental use is a legal nonconforming use; and

[b] The owner demonstrates through competent dollars-and-cents proof that prior to November 1, 2022, they made substantial financial expenditures unique to the short-term rental use; and

[c] The owner provides documentation of their total receipts from short-term rentals and expected revenue through the date of termination or limitation; and

[d] The owner demonstrates that they have not recovered substantially all of the financial expenditures related to the short-term rental use; and

[e] The owner demonstrates that they cannot obtain a reasonable return on their investment unique to the short-term rental use if the property is used for any other purpose permitted within the zoning district and that the lack of a reasonable return is due solely to the termination or limitation on short-term rental days and not other market forces; and

[f] The extension period granted by the Joint Zoning Board of Appeals/Planning Commission is the minimum extension period necessary to mitigate the demonstrated loss of a reasonable return.

[2] The criteria for granting such special approval shall be as set forth above rather than the normal criteria in Article V for granting a conditional use approval.

(h) Order to remedy; operating permit suspension and revocation.

[1] Whenever the Code Enforcement Officer finds that there has been a violation of this section, the Code Enforcement Officer is authorized to order, in writing, the remedying of any condition or activity in violation of this section.

[2] An order to remedy shall be in writing; identify the property or premises; specify the condition or activity that violates this section; shall specify the provisions of this section that are violated by the specified condition or activity; shall include a statement that the violations must be corrected within 30 days after the date of the order to remedy; may direct the person served with the order to begin to remedy the violation(s) immediately or within some other stated period of time that can be less than 30 days after the date of the order; direct that compliance is achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time.

[3] The order to remedy, or a copy thereof, may be served within five days after the date of the order to remedy by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the City or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the City of Oneida records, or, if none, in the most recent tax roll available to the City of Oneida.

[4] In case the owner, operator, or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the order to remedy, a request to take appropriate legal action may be made to the Attorney for the City of Oneida, and/or the Code Enforcement Officer may initiate the process to suspend or revoke an operating permit, if the suspension/revocation process has not already been instituted.

[5] Suspension and revocation of operating permit.

[a] An operating permit may be suspended or revoked pursuant to City of Oneida Code Chapter 33 (Building Code Administration and Enforcement) and Chapter 61 (Fire Prevention). In addition to the reasons for suspension and revocation in that section, an operating permit may be suspended or revoked if the owner of a dwelling unit used or offered for short-term rental use fails to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, to maintain a valid operating permit after it is granted throughout the period that such unit is used or offered for a short-term rental use, or to otherwise comply with this section.

[b] To initiate the process to suspend or revoke an operating permit, the Code Enforcement Officer shall issue a notice of intent to suspend or revoke the operating permit. The notice of intent to suspend or revoke shall describe the violation and require the operating permit holder to immediately correct the violation or cause the violation to be corrected.

[c] The notice of intent shall be provided to the operating permit holder by personal service, by registered or certified mail to the address submitted with the permit application, or by posting on the premises at issue.

[d] If the operating permit holder fails to immediately correct the violation or cause the violation to be corrected, the Code Enforcement Officer shall suspend or revoke the permit.

[e] An operating permit holder shall be entitled to request a hearing on suspension or revocation before the Joint Zoning Board of Appeals/Planning Commission, upon application made to the Code Enforcement Department demonstrating that the operating permit holder was not in violation. Such hearing shall be requested, in writing, with the request addressed to and received by the Code Enforcement Officer within five business days of the permit holder's receipt of the notice of intent or of posting, whichever occurs earlier.

[f] An application for an interpretation appealing the Code Enforcement Officer determination to the Joint Zoning Board of Appeals/Planning Commission shall be administered by the Director of Planning and Development. Any suspension or revocation remains in effect unless modified by the Joint Zoning Board of Appeals/Planning Commission. Within 30 days of the permit holder's written request, the Joint Zoning Board of Appeals/Planning Commission shall hold a hearing to determine whether to reverse the suspension or revocation. The Joint Zoning Board of Appeals/Planning Commission shall issue its written decision within 15 days after the hearing.

[g] The owner of a dwelling unit for which a short-term rental operating permit has been revoked for the first time may not reapply for a new operating permit until one year after such revocation.

[h] The owner of a dwelling unit for which a short-term rental operating permit has been revoked at least once before may not reapply for a new operating permit until five years after such revocation.

§ 190-27 Adult entertainment businesses.

[Amended 5-7-1996 by Ord. No. 96-03]

A. Purpose. It is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics when several of them are concentrated under circumstances which produce a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary reason for regulation is to prevent a concentration of these uses in any one area which could create adverse neighborhood effects.

B. Restrictions. Adult entertainment businesses are prohibited, and no person as owner, operator, manager or agent shall operate or permit the operation of an adult entertainment business in the City of Oneida, within:

(1) Five hundred feet of any residential zoning district or any one-, two-, three- or four-family, mobile or multifamily dwelling, including structures devoted to both residential and commercial or business purposes.

(2) Five hundred feet of any public or private school.

(3) Five hundred feet of any church or other religious facility or institution.

(4) Five hundred feet of any public park.

C. Measurement. The distance provided hereinabove shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult entertainment business is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult entertainment business is to be separated.

D. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ENTERTAINMENT BUSINESSES

(1) ADULT ARCADES One or more motion-picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic or media reproductions, which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2) ADULT BOOKSTORES Have as substantial (50% or more) portion of the stock-in-trade and offer for sale, for any consideration, any one or more of the following:

(a) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(3) ADULT CABARETS Any nightclub, bar, restaurant, tavern or similar establishment which features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic or media reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or performances or activity known as adult female "topless" or "bottomless" dancing.

(4) ADULT MOTION-PICTURE THEATERS Where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic or media reproductions are shown, and in which a substantial portion of the total presentation time is devoted to, or the presentation is distinguished or characterized by emphasis on, the showing, depiction or description of specified sexual activities or specified anatomical areas.

(5) ADULT THEATER A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.

(6) MASSAGE PARLORS Where, for any form of consideration, massage, alcohol rub fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York. This definition shall not be deemed to include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.

SPECIFIED SEXUAL ACTIVITIES

(1) Human genitals in a state of sexual stimulation or arousal; or

(2) Acts of human masturbation, sexual intercourse or sodomy; or

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.

E. Violations. The violation of this section shall be punishable as a Class A misdemeanor. Each day a violation continues shall constitute a separate violation. The City may also maintain an action or special proceeding for an injunction or other equitable relief to compel compliance with, or to restrain the violation of, this section. The use of any remedy shall not prevent the use of any other remedy hereunder. The listing of remedies herein shall not deprive the City of the use of any other remedies provided by law.

F. Exception. The provisions of this section shall not apply to any theater, concert hall or similar establishment which is primarily devoted to theatrical performances.