To discontinue a use.

The articulation of a facade to contribute to a pedestrian-friendly public realm.

Any construction that increases the size of a structure in terms of site coverage, height, or floor area.

Any person 18 years of age or older.

A sexually explicit business which features live performances or graphic depictions, such as but not limited to print or film, of persons appearing in a state of nudity and/or engaging in sexual activities. See also Chapter 58, Adult Uses.

A vehicular drive located, typically, to the rear of lots which provide access to service areas, parking, ancillary structures, or containing utility easements.

To change, rearrange, enlarge or decrease the structural parts or size or the exit facilities of a structure or to move a building from one location or position to another.

A facility providing animal medical care, run by a licensed doctor of veterinary medicine (DVM). Animal hospitals allow overnight animal patients and may be boarding facilities as a secondary use.

A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include cellular, paging and personal communication services (PCS).

A room or suite of two or more rooms designed or used solely as a residence in a building not used as a dormitory, hotel, rooming house or boardinghouse.

See "dwelling, multifamily"

Two or more multifamily dwellings detached and grouped together on a single parcel, and including accessory uses.

A means for obtaining review of a decision, determination, order, or failure to act.

A property owner, a person holding an option or contract to purchase a property, or any other person authorized in writing to act for such persons, who applies under the provisions of this Code.

A private frontage for retail use wherein the facade is a colonnade supporting habitable space that overlaps the sidewalk, while the facade at the sidewalk level remains at the frontage line.

The elements in the massing of a building, which establish character and visual interest.

The mean ground level at the four principal corners of the subject structure, or as determined by the Code Enforcement Officer in the case of an irregularly shaped structure footprint on in relation to fences, buffers, landscaping or other nonstructural site elements.

An ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the face of a structure and is constructed of durable materials, including but not limited to fabrics and/or plastics.

For an exterior luminaire, lumens emitted in the quarter sphere below, horizontal, and in the opposite direction of the intended orientation of the luminaire.

An establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption as permitted by the New York State Liquor Authority. The incidental sale or provision of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this Code. Synonyms include: tavern; saloon; barroom; pub; watering hole; drinking hole; gin mill; taproom.

That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

An owner-occupied residence which is rented to transient, paying customers, for a period of four or fewer continuous days, with no more than five guest rooms, each with a maximum occupancy of two persons per room, and without cooking facilities in guest-occupied rooms. All bed-and-breakfasts are subject to regulations found in § 300-33.

A design element aligned horizontally along a building wall, typically a continuous row or layer of stones, tiles, bricks, shingles, or similar materials. Also called a string course or band course.

An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

All contiguous lots, passages, and alleys, bounded by thoroughfares, railroad rights-of-way, water bodies, or public parks.

See "rooming house"

Any reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between an owner or business entity and a prospective tourist or transient user, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction.

A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other and/or to protect wildlife habitats, wetlands, stream corridors and other significant environmental features. Buffer areas are subject to the regulations found in § 300-52.

A structure, wholly or partially enclosed within exterior walls and a roof or within exterior and party walls and a roof.

The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

The width of a building facing a street or public parking lot; in the case of a corner lot, both streets are considered frontage.

The vertical dimension measured from the average elevation of the finished grade adjoining the exterior walls of a building to the highest point of the roof for flat roofs, to the deck-line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

A permit issued by the Code Enforcement Officer stating that the proposed use of a building, or of a lot, lots, or portions of a lot, conforms with the uses permitted and all other requirements under this chapter for the district in which it is located, and stating that all construction, relocation or extension of buildings are in compliance with the provisions of this chapter, § 1203.3(b) of the New York State Uniform Code, and with the New York State Fire and Building Code and other regulations.

That portion of the lot upon which a building is to be placed or already exists, including adequate areas for sewage disposal, clearances, proper drainage, appropriate easements, and, if applicable, the requirements of other chapters of the Code of the City of Oneonta.

A build-to zone is the area on a lot, measured parallel from the front and/or corner side lot line, where a structure must locate within the minimum and maximum range of setback provided. The building facade must be located within the build-to zone. Facade articulation, such as window or wall recesses and projections are not counted as the building facade line, which begins at the applicable facade wall.

A subordinate building, the use of which is incidental to that of the main building and located on the same parcel. Examples of such structures include sheds, residential garages, or greenhouses.

Multistory building which includes both residential and commercial uses, integrated in a compatible fashion. A typical mixed-use structure would have retail, services or offices on the first floor and offices, residences, and/or studios on the upper floors.

See "use, nonconforming"

A building that is divided into offices, either single or suites, for the transaction of business other than retail or manufacturing.

A building utilized for the primary use of the parcel. Principal buildings are subject to the regulations found in § 300-49. See also primary structure.

Any building or structure used for municipal, civic, ecclesiastical, recreational or other purposes not used for private enterprise.

The maximum size of a building and its location on a lot as defined by density and dimension standards viewed as appropriate for the specific zoning district. Bulk and use regulations are included in §§ 300-92 through 300-101 for each district established in the City of Oneonta.

The characterization of a proposal or component of a proposal as being in compliance with this Code, and which may be processed administratively, without public hearing.

See "nightclub"

The diameter of a tree trunk as measured six inches above the root collar, which is at the base of the tree where the tree's roots join the trunk.

The unit for measuring the maximum intensity of light energy emitted by a directional lamp.

See "awning"

A business with a tunnel and/or bay-type structure designed primarily for the washing and/or cleaning of motor vehicles, either on an assembly-line basis or utilizing manual labor.

See "residential care facility"

A story partly underground and having 1/2 or more of its clear height below finished grade. A cellar shall not be counted as a story in determining the building height.

See "telecommunications facility"

Property used for the interring of the dead.

The center of a right-of-way.

A document issued by the Code Enforcement Officer signifying that a parcel of land is being used in a lawful manner with respect to the provisions of this chapter and in accordance with § 1203.3(c) of the New York State Uniform Code.

A document issued by the Code Enforcement Officer signifying that a rental property is being used in a lawful manner with respect to all applicable codes.

A change in the purpose or function of a structure or land from one use to another.

See "place of worship."

The City of Oneonta, New York.

The duly appointed City Engineer or person duly acting as such.

An organization catering to members and their guests for recreational, athletic or social purposes.

A nonprofit social organization whose premises are restricted to its members and their guests.

See "telecommunications co-location"

An institution of higher education which may or may not be part of a larger university. Includes all accessory uses.

A wall shared by more than one building at the interior side or rear lot line. Also called a party wall.

A plan approved by the Common Council, which indicates the general locations recommended for the various functional classes of public work, places and structures and for the general physical development of the City, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

A condominium, or condo, is the form of housing tenure and other real property where a specified part of a piece of real estate (usually of an apartment house) is individually owned while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior areas is executed under legal rights associated with the individual ownership and controlled by the association of owners that jointly represent ownership of the whole piece.

To share a common lot line or zone boundary without being separated by a right-of-way.

An enclosed parcel of land, structure(s) or a combination thereof used for the storage of machinery, equipment and nonhazardous materials required for construction.

Small commercial establishment specializing in the sale of self-service gasoline and articles such as food products, over-the-counter drugs, tobacco products, magazines, candy, beverages and similar convenience items.

A large civic building or group of buildings designed for conventions, trade shows, and the like, having large unobstructed exhibit areas and often including conference rooms, hotel accommodations, restaurants, and other facilities.

A projection aligned horizontally along and crowning a building wall, door, window, or other opening in the building wall.

An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

See "dead-end street"

Any building, room or area with a minimum area of 400 square feet and designed or utilized primarily for the presentation to the general public of live theater, dance performances, musical concerts, cinema, lectures, exhibits of various art forms or exhibits of cultural, historic, academic or scientific material.

The mean street grade established by municipal code or, in the absence of an established grade, the mean level of the existing curb or of the lot at the street line.

A line formed by the face of the existing curb or, in its absence, the outer edge of the shoulder, along which curbing is or may be located. The curbline is the boundary between the vehicular way and pedestrian way, if separated.

A place other than an occupied family residence, providing care for children during the day in keeping with the laws of the State of New York.

A street or portion of a street with only one vehicular traffic outlet.

Legal language recorded in an instrument in the chain of title for a lot, which describes, specifically, limitations or restrictions on the use of the property.

The required land area for each dwelling unit (DU) within a given parcel of land, such as a minimum density of 2,000 square feet of land area for each dwelling unit.

A regulation used to determine the measure of the quantity of a particular use allowed at a particular location.

Any man-made change to improved or unimproved real estate.

The diameter of a tree trunk as measured four feet above ground level, typically used to measure the size of established trees.

To stop or change a use. The intent of the owner(s) to continue that use shall not be a factor in determining whether or not a use has discontinued.

A building or structure used primarily for the storage of goods which are intended for subsequent shipment to retail or other commercial outlets.

A place of residence that is occupied and maintained for persons enrolled in a college, university or other educational institution and which is recognized and subject to ownership or leasehold interest controls by such educational institution.

A designated travel way within a parking lot or parking structure used to provide vehicular ingress and egress between parking spaces and a driveway.

See "drive-through facility."

A use or portion of a use which encourages or permits customers to receive a service or obtain a product while staying in a motor vehicle on the premises. All drive-in facilities are subject to the regulations found in § 300-42.

A vehicular lane within a lot, or shared between two or more lots, typically providing access to a garage or other parking area.

An establishment used to collect, distribute and process articles made of fabric through dry cleaning, pressing, dyeing or stain removal.

An establishment used primarily to collect and distribute articles to a dry-cleaning facility.

A building that contains one or more dwelling units used, intended, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes.

A building or portion thereof providing complete housekeeping facilities for one family, including equipment for cooking, living and sleeping purposes and provisions for the same. See "dwelling"

An accessory use involving a separate and complete dwelling unit either in or added to an existing single-family dwelling, or a separate accessory building on the same lot as the principal dwelling, intended to provide supplementary housing and not to exceed 35% of the primary structure or occupancy of more than two persons. Accessory dwelling units are subject to the regulations found in § 300-41.

See "townhouse or townhome."

A dwelling having no party wall in common with another building.

A building or portion thereof containing three or more dwelling units designed or used for occupancy by three or more families living independently of each other. A lot or parcel containing such use may contain one or more buildings. Various commercial uses, including but not limited to salons, restaurants, dry cleaning, self-storage, or retail, that are accessory to this primary use, shall be permitted wherever the primary use is permitted. Such an accessory use must be located on the same property as the primary use.

A single-family dwelling separated by a party wall from only one adjacent dwelling unit.

A building containing one dwelling unit.

A building containing two dwelling units.

The authorization by a property owner for a specified use of part of the property by another party.

The junction of a building wall and an overhanging roof.

For the purpose of determining off-street parking requirements, the greatest number of persons to be employed during any one work period, day or night. Full-time employees include those persons who work full-time, as determined by the employer (generally 35 to 40 hours per week), and are entitled to benefits such as paid sick leave, vacation, and insurance coverage. Part-time employees are those persons scheduled to work less than full-time, as determined by the employer, and may receive some benefits. Temporary employees work either full- or part-time, but are generally hired for a specific project or finite period of time (i.e., peak season), and do not receive employer benefits.

Any structure or structural element that extends into a required yard or public right of-way.

A person licensed as a professional engineer by the State of New York.

Any tree with a diameter of six inches or more when measured four feet above ground level

A design element aligned horizontally along a building wall, typically a continuous row or layer of stones, tiles, bricks, shingles, or similar materials. Also called a belt course, string course, or band course.

A direct entrance from a public way to a habitable or tenantable space.

A non-load-bearing, exterior wall cladding system that consists of an insulation board attached either adhesively or mechanically, or both, to the substrate; an integrally reinforced base coat; and a textured protective finish coat.

The exterior wall of a building.

The exterior wall of a building that faces the corner side lot line.

When facing a public way, the exterior wall of the building that faces the front lot line. When facing a private right-of-way, parking lot, or common area, and not facing a thoroughfare, the exterior wall of the building that contains the main entrance from the private right-of-way, parking lot, or common area. When set within a plaza, all exterior walls of the building that face the plaza.

The exterior wall of a building that faces the interior side lot line.

The exterior wall of a building that faces the rear lot line.

One of the following:

An occupied family residence providing care for children during the day in keeping with the laws of the State of New York. Includes group family day-care homes.

A structure bounding an area of land designed to either limit access to the area or to screen such area from view, or both. The term "fence" shall include tennis court enclosures, backstops, and similar structures. Fences, walls and other structural screening elements are subject to the regulations found in § 300-58.

The openings in a structure, including windows and doors, but not including loading berths and entries for parking. Fenestration includes frames, mullions, muntins, vents, and other elements integral to a window or door unit.

A drawing, in final form, containing all information or details required by law and by these regulations to be presented to the Planning Commission for approval and which, if approved, may be duly filed or recorded by the applicant in the office of the City Clerk.

As defined by the New York State Uniform Fire Prevention and Building Code.[1]

An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The Flood Boundary and Floodway Map delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary and Floodway Map and the water surface elevations of the base flood.

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water; or abnormally high tidal water or rising lake waters resulting from severe storms, hurricanes or tidal waves.

The 100-year flood elevation.

The flood elevation that has a 1% chance of being equaled or exceeded each year (the 100-year flood could occur more than once in a relatively short period of time).

That maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a 1% chance of flooding each year).

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and land use and control measures.

A land area adjoining a river, stream, watercourse, ocean, bay or lake, which is likely to be flooded according to United States Geological Survey (USGS) data.

Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.

The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.

All the rooms or areas on the same level of a building; See also "story."

For determining off-street parking requirements, unless otherwise specifically indicated, the gross floor area contained within the exterior building walls, excepting parking space supplied within the building, and further excepting basement area used solely for storage or accessory purposes.

A design tending to the regular, rectilinear, geometrical, and repetitive.

A building used by a college fraternity, sorority, chapter or membership association house as a principal place of residence for its members. Such house shall have an affiliation with the State College at Oneonta (SUNY Oneonta) or Hartwick College, or a postsecondary college or university accredited in New York State that operates campus facilities in the City of Oneonta. Affiliation shall be through the recognition of membership of the resident fraternity or sorority in associations or councils recognized by a college or university or from an official written statement provided by an agent or officer of the above referenced institutions verifying the affiliation and recognition of the fraternity, sorority, chapter or membership association house.

See "lot width."

A lot line that coincides with a right of-way line that defines the public realm.

A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

A covered pedestrian area abutting the side of a building on the ground floor which may provide access along one or more sides of a building.

The sale of personal property conducted in or near a residence. The term shall include garage sales, lawn sales, porch sales, patio sales, rummage sales or other similar sales which are advertised by a sign or other means for the public to attend. Garage sales are subject to the requirements of § 300-46.

A building or portion thereof designed or used for a business in which motor vehicles are on display, for sale or housed for repair or storage.

A building accessory to a residential structure designed or used for the storage of motor vehicles and used in no manner as a commercial repair garage or gasoline sale station.

See "convenience store"

Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

A component of a window or wall made of glass.

A facility consisting of at least nine par-three holes, as distinguished from golf driving ranges and miniature golf courses.

The permanently established elevation of the center-line of a street in front of the midpoint of the lot.

The elevation of the completed surfaces of lawns, walks and roads adjoining a building wall at any point.

The multifunctional, interconnected network of open space and natural features such as greenways, wetlands, parks, forest preserves, and areas of native plant vegetation, that naturally manages stormwater, reduces flooding risk, and improves water quality. The term green infrastructure is often adapted to refer to products, technologies, and practices that use natural systems, or engineered systems that mimic natural processes.

A vegetated roof design that is explicitly designed to absorb rainfall or snowmelt, typically to manage stormwater, mitigate the heat island effect, provide habitat for urban wildlife, or offer leisure and recreational space for building occupants.

Any structure, as part of a commercial operation, used for the propagation and culture of plants.

Any permeable vegetated surface.

The story of a building closest to the curb level.

An area where the average slope of the land is 15% or greater.

The use of a portion of a dwelling unit or an accessory building, by an occupant of the dwelling unit, which is clearly incidental, accessory and secondary to the residential use of the property. An occupant must be the principal practitioner of the home occupation. All home occupations are subject to the regulations found in § 300-31 and are regulated as either Class A or Class B home occupations. Family day-care homes are not subject to home occupation regulations.

An establishment primarily engaged in providing temporary or transitional residential care, room, board, supervision, information and/or referrals to homeless persons voluntarily seeking such service.

An organization of residential property owners who contractually agree to provide, reserve and maintain commonly owned facilities and/or open space in a development in accordance with New York State law.

An institution providing medical or surgical treatment such as emergency medical, diagnostic, and laboratory services on an inpatient and outpatient basis.

A person or entity that participates in the short-term rental business by providing, and collecting or receiving a fee for, booking services through which an owner may offer a residential dwelling unit for tourist or transient use. Hosting platforms usually, though not necessarily, provide booking services through an online platform that allows an owner to advertise the residential dwelling unit through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential tourist or transient users arrange tourist or transient use and payment, whether the tourist or transient pays rent directly to the owner or to the hosting platform.

A building, or any part thereof, which contains 15 or more living and sleeping accommodations for paid transient occupancy, with common exterior entrance or entrances, and which may or may not include dining facilities. The term "hotel" shall not include "motel," "inn," "bed-and-breakfast," "boardinghouse" or similar accommodations.

See "outdoor furnace"

The horizontal area of ground covered by a surface through which water cannot infiltrate, such as buildings, asphalt driveways, sidewalks, patios, or parking areas.

The process of percolating stormwater into the subsoil.

A building, or any part thereof, which contains more than four and less than 15 living and sleeping accommodations for paid transient occupancy. The facility may have accessory uses such as a restaurant or a bar.

Any organization founded for the purposes of furthering education, including, but not limited to, colleges and universities.

The area contained within the grid created by extending the curblines of two or more rights-of- way at the point at which they cross each other.

Discarded or scrap material or products.

A place for storing, buying or selling junk, excluding garbage dumps and sanitary fills.

All kennels are subject to the regulations found in § 300-38. The term "kennel" includes both of the following:

A generic term for a source of light, often called a bulb or tube. Examples include incandescent, fluorescent, neon, high-intensity discharge (HID), and low-pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.

A person licensed as a land surveyor by the State of New York.

That area of a site plan not consisting of structures or pavement. Landscaped area shall consist of those areas on a site plan that are planted, seeded or provide similar vegetative or landscaped cover, including water features.

Materials, including without limitation grass, ground cover, shrubs, vines, hedges or trees and nonliving natural materials commonly used in outdoor design.

A narrow, slow movement thoroughfare, typically containing one travel lane.

See "laundry, self-service"

A business establishment providing clothes washers and dryers for hire to be used by customers on the premises and may also include washing and folding service for a fee.

A security which may be accepted as a guaranty of a requirement that certain improvements be made before the Code Enforcement Officer issues a certificate of occupancy, including escrow agreements and other similar collateral and surety agreements acceptable in form and amount to the City Attorney and City Engineer and approved by the Common Council.

Any adverse effect of artificial light including, but not limited to, glare, light trespass, skyglow, energy waste, compromised safety and security, and impacts on the nocturnal environment.

Light that falls beyond the property that it is intended to illuminate.

A building specifically designed to mask a parking lot or parking structure. These buildings are occupied and generally include commercial uses that activate the streetscape.

An area in which goods and products are moved on and off a vehicle, including parking, apron, and maneuvering area.

See "rooming house"

Any picture, shape or drawing, with or without letters or words, used to identify a product, service, business or organization.

Land occupied or to be occupied by one principal building and any buildings accessory thereto or by a group of principal buildings, together with such open spaces as are required under the provisions of these regulations, having not less than the minimum area and width required by this chapter.

Any change in the dimension or orientation of a lot line not resulting in or constituting subdivision or resubdivision as defined herein, where there is no increase in the number of lots.

An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right- of-way shall not be included in calculating lot area.

The aggregate percentage of the lot area covered by buildings or structures.

The mean horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.

The established division line between different parcels of property.

The width measured between side lot lines measured at the front lot line.

A lot, the rear boundary of which abuts on the side lot line of an adjacent lot.

Any lot which does not conform with the minimum area and/or dimensions required in the zone district where such a lot is situated.

The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from watt, a measure of power consumption).

The complete lighting unit (fixture), consisting of a lamp, or lamps and ballasts, when applicable, together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

The height of the center of a luminaire above ground level.

A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.

A luminaire with opaque top and translucent or perforated sides, designed to emit most light downward.

A luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

A luminaire capable of emitting light in any direction.

The light that is emitted by or reflected from a surface measured by means of a luminance meter. Luminance is typically measured by nits, or luminous intensity (candelas) per unit area (square meters).

A building used for the purpose of fabricating metal parts for various applications. For the purposes of uses permitted by district, such a use shall be considered light manufacturing.

A building or collection of buildings used for the purposes of selling, servicing and repairing machinery and transportation equipment. For the purposes of uses permitted by district, such a use shall be considered heavy manufacturing.

See "modular home"

Any factory, shop, yard warehouse, mill or other nonresidential premises utilized in whole or in part for the processing, preparation, production, containerizing, and associated storage or distribution of goods, wares, commodities, parts, materials, electricity and the like. The processing, preparation and production activities customarily deal with man-made or raw materials and other manufactured items which are altered, restored or improved by the utilization of biological, chemical or physical actions, tools, instruments, machines or other such similar natural, scientific or technological means. "Manufacturing" shall also include the handling of any waste products and materials. These uses are likely to generate significant levels of truck traffic, noise, pollution, vibration, dust, fumes, odors, radiation, radioactivity, poisons, pesticides, herbicides, or other hazardous materials, fire or explosion hazards, or other undesirable conditions, all of which are subject to the performance standards found in § 300-63. Manufacturing processes and treatments include but are not limited to operations such as mixing, crushing, cutting, grinding and polishing; casting, molding and stamping; alloying and refining; assaying, cleaning, coating and printing; and assembling and finishing.

A facility which manufactures, designs, assembles, or processes a product for wholesale or retail from previously prepared materials, parts, or finished products. Such operations are characterized as lower in intensity, cleaner, and generally more compatible when located adjacent to commercial and residential areas than are heavy manufacturing. (See "manufacturing, heavy") Light manufacturing operations have limited external effects of the manufacturing or assembly process, such as odors, vibrations, emissions, or other nuisance characteristics through prevention or mitigation devices and conduct of operations within the confines of buildings. Typical items for processing, fabricating, assembly, or disassembly under this use include but are not limited to apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments, computers, and electronic devices. Also includes machine shops. (See "machine shop").

The sense of bulk, size, and shape of a structure, usually perceived by reference to the surrounding space and nearby structures and natural features such as trees.

The maximum number of persons allowed in an assembly structure or portion thereof as determined by the City of Oneonta Code Enforcement office.

The integration of residential and commercial uses vertically in the same building or horizontally in adjacent buildings.

A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when erected on site, is 320 square feet minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle.

A parcel of land where two or more mobile homes are parked or which is planned and improved for the placement of mobile homes by the public. Mobile home parks are subject to the regulations found in § 300-35.

A mobile home consisting of two sections, combined at the site, with a combined width of no less than 20 feet, while still retaining their individual chassis for possible future movement and complying with Part 1210 of Title 19 of New York State Codes, Rules and Regulations; excluding, however, travel trailers, motorized homes, recreational vehicles, pickup coaches and camping trailers. This definition does not include modular or manufactured homes as defined by this code.

Any home constructed of pre-made parts and unit modules that are transported on a flatbed truck from the factory to the building site where they are permanently anchored onto a foundation. Modular homes are subject to the local building codes where they are constructed and to the regulations of whichever style of home they are designed to be, i.e., single-family home, multifamily home, etc.

See "place of worship."

A building or group of buildings containing 15 or more living and sleeping accommodations for paid transient occupancy, each unit of which has a separate exterior entrance and parking space, and which is used principally by motor vehicle travelers. The term "motel" shall include "motor lodge," "motor inn," "tourist cabins" or similar accommodations.

Engine repair, body work, frame straightening, painting, upholstering, steam cleaning, electrical work, tune-ups and all other vehicle repair services not specifically listed in the definition of motor vehicle service stations. Motor vehicle repair establishments are subject to the regulations found in § 300-37.

Any building, land area or other premises used for the display or sale of new or used automobiles, motorcycles, trucks, trailers or boats, but not including any repair work conducted as an accessory use on such premises. Motor vehicle sales establishments are subject to the regulations found in § 300-37.

All motor vehicle service stations are subject to the regulations found in § 300-37.

See "car wash facility"

A vertical element that forms a division between units of a window or door.

Multifamily residential developments proposed to consist of more than one principal building on one parcel of land.

A bar or rigid supporting strip between adjacent panes of glass.

A residential development or mixed-use development where the primary use is residential housing.

A pedestrian-oriented grocery/beverage/specialty retail store offering retail goods or food and beverage products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. The following regulations shall be applicable to neighborhood markets:

Any room, space, or premises operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served subject to the regulatory authority of the New York State Liquor Authority, and where the provision of entertainment is the primary activity. Background music, provided in accord with Chapter 178, Noise, shall not be considered as a form of entertainment. Synonyms include: club; nightspot; disco; social establishment; cabaret; dinner theater. Nightclubs are subject to the regulations found in § 300-36.

A photometric unit of measurement referring to luminance. One nit is equal to one candela per square meter (cd/m2).

See "residential care facility"

An area or areas of a lot, including required yards, which are:

An area of land and/or water within a site designed and intended for the use or enjoyment of residents of a development. Common open space may contain such accessory improvements as are necessary and incidental to the use of the common open space by the residents of the development.

A small tree, typically less than 35 feet in height when mature, that is utilized and valued for the aesthetic appearance, color, and/or texture of its flowers, fruits, foliage, bark, or form.

Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat and/or hot water for any interior space. Outdoor furnaces are subject to the regulations found in § 300-43.

The outdoor accumulation of manufactured products, raw materials, debris, waste or the keeping of one or more pieces of moveable equipment. Outdoor storage shall not include the keeping of recreational goods, including, but not limited to, lawn chairs, canoes, or bicycles. Outdoor storage of materials is further subject to the regulations set forth in § 300-60.

An establishment providing health care services such as physicians' offices, urgent care, laboratory facilities or minor surgery to ambulatory patients.

An additional layer of regulations related to specific environmental or historical constraints such as floodplain boundaries, historic landmarks, historic structures, or wetlands that supersede the restrictions of the underlying zoning district.

A building site prepared by artificial means, including grading, excavation or filling or any combination thereof.

Any concave, circular or dish-shaped device designed for receiving communication or television signals. Parabolic or dish-type antennas are subject to the regulations found in § 300-45.

A low wall or protective barrier that extends vertically above the roof surface of a building or other structure.

Any place, lot, parcel, or yard used in whole or in part for storing or parking motor vehicles under the provisions of this chapter.

Parking accommodations off the street that may consist of open-air parking lots, garages or other structures. They may be surface facilities or facilities above or under the ground; they may be separate or may be a part of a structure principally designed and used for another purpose. Off-street parking arrangements are subject to the regulations found in § 300-61.

A multistory commercial structure, unenclosed in whole or in part, publicly or privately operated, designed for parking motor vehicles.

A group of contiguous parking stalls in a parking lot or parking structure, organized as either a single row or double row.

A designated parking space in a parking lot, parking structure, or driveway

A person, firm, association, organization, partnership, company, or corporation.

A pedestrian connector passing between or through buildings, providing shortcuts through long blocks, and sometimes connecting rear parking areas with frontages.

A hard-surfaced facility for pedestrians within a development or between developments, distinct from surfaces used for motor vehicles. A pedestrian access facility is distinguished from a sidewalk by its location on private property outside the public right-of-way and from a pedestrian/bicycle accessway by the function it serves.

An area covered by a five-minute walk or approximately one-quarter mile, measured by actual walking distance along public rights-of way from a destination.

The public right-of-way, which typically includes the planting area and sidewalk, from the back of the curb to the front property line of adjoining parcels.

A person who occupies a property within 60 days of purchase with intent to establish that property as their primary residence. A permanent resident must occupy a primary residence for at least 270 days per year.

An individual, proprietorship, partnership, corporation, association or other legal entity. In the case of parking requirements, the term "person" shall refer to an individual only.

Any real property designed and used for the purpose of renting or leasing individual storage space to users who access the facility to store and remove personal property.

Being permeable; having the quality of allowing the infiltration of surface water into the soil. Vehicle parking rows, stalls or areas shall not be considered pervious unless designed and approved to be so by an engineer licensed by New York State.

A building and its accessory buildings where people regularly assemble for religious worship, maintained and controlled by a religious organization.

A development in accordance with a single plan for compatible land uses, subject to the rules and regulations of § 300-15 of this chapter.

The Planning Commission of the City of Oneonta

A map, drawing, or rendering of a subdivision.

The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration.

A drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in Article VIII of this chapter, submitted to the Planning Commission for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Commission of the layout of the proposed subdivision.

The permanent resident's usual place of return for housing as documented by at least three of the following: motor vehicle registration; driver's license or equivalent identification card; voter registration; or tax documents showing the residential unit as the permanent resident's residence for the purposes of a home owner's tax exemption. A person may have only one primary residence.

A building that contains one or more principal uses. See also principal building.

See "lot lines".

See "bar".

All exterior places, linkages, and built form elements that are physically accessible regardless of ownership. The public realm includes, but is not limited to, rights-of-way, greens, squares, plazas, courtyards, paths, sidewalks, and transit stations.

Any facility or related equipment, including but not limited to all lines, pipes, transformers, poles, etc., performing an essential public service and subject to special governmental regulation. Nonessential components of public utility operations, such as general storage and maintenance facilities, are excluded from this definition.

All areas legally open to public use, such as public streets, sidewalks, roadways, highways, alleys, and parks, as well as the interior and areas surrounding public buildings.

Indoor business primarily devoted to the amusement of the general public such as theaters, bowling alleys, skating rinks, indoor amusement arcades and health clubs. Incidental food service may be included.

Outdoor business primarily devoted to the amusement of the general public such as tennis courts, driving ranges and miniature golf. Incidental food service may be included.

A space designed and used for active and passive participatory athletic and general recreation activities.

A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses and not for year-round living. Recreational vehicles are subject to the regulations found in § 300-56.

A parcel intended for transient recreational vehicle users who wish to occupy their vehicles. The maximum permitted stay at a recreational vehicle park is two weeks. The operators must provide utilities for convenience, safety, and sanitation.

A building or portion thereof wherein lodging and custodial care are provided to three or more persons who are mentally or physically disabled, bedfast, chronically ill or convalescing, excluding hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury and/or providing surgical and obstetrical services or asylums for the insane. This term includes nursing homes, adult homes, assisted living facilities, long-term care facilities, homes for the mentally or physically disabled, convalescent homes for children, homes for prenatal care and the like. Various commercial uses, including but not limited to salons, restaurants, dry cleaning, self-storage, or retail, that are accessory to this primary use shall be permitted wherever the primary use is permitted. Such an accessory use must be located on the same property as the primary use.

An establishment primarily engaged in serving meals to guests for compensation and which has suitable kitchen facilities connected therewith. See "bar"

Revision of all or part of an existing filed plat.

Any building or structure in which one or more articles of merchandise, commerce or services are provided, including, but not limited to, department stores, banks, salons, insurance sales, clothing and accessory stores, grocery stores, pharmacies, and boutique/gift shops. Such uses, as permitted by the Bulk and Use Tables[2], may include an individual business, a building with multiple businesses, or a parcel with multiple retail buildings.

The total width of any land reserved or dedicated as a thoroughfare, alley, pedestrian or bicycle way, railway, waterway, or utility line.

The overhead cantilever of an architectural element beyond the building wall.

A building, other than a hotel, fraternity, sorority, dormitory, chapter house or membership association house, where lodging with or without meals for four or more roomers or boarders or guests is provided for compensation or where lodging is provided for four or more unrelated individuals within a single dwelling unit or where lodging is provided for three or more boarders, roomers or lodgers residing with a single family in a single dwelling unit. The term "rooming house" shall include "boardinghouse" and "lodging house," and shall not include accommodations used for short-term rentals. See "short-term rental."

See "junkyard."

A public preschool, elementary school, middle school, or high school, or any private school having a curriculum equivalent to and substantially the same as any public school.

The treatment or storage of fragments of metal discarded as waste in manufacturing operations, or machines, tools or equipment, or other metal parts.

For the purpose of determining off-street parking requirements, the seating capacity of a particular room or a hall in a building, as determined by the specifications and plans, whether fixed or removable seating; in the event that individual seats are not provided, each 18 inches of benches, bleachers, pews or similar seating accommodations shall be considered as one seat for the purpose of this chapter.

The distance between a structure and an adjacent lot line.

The distance from the street line to the part of the structure nearest the street, measured at right angles to the street line, not including cornices or open entrance hoods anchored to the building without posts, which do not project more than three feet from the building wall, nor retaining walls and fences, nor open entrance steps, nor open terraces not more than two feet in height above the finished grade and which do not project more than six feet from the building wall. Setback requirements, as listed in the Bulk and Use Tables,[3] apply to the location of buildings, not driveways, parking areas, or other landscaping treatments. In a transect zone the setback line shall be the facade of the building located within the minimum or maximum measurement of the build to zone.

The least required horizontal distance between the front lot line, or in instances where sidewalks are present or required, from the interior sidewalk edge, and the principal building measured at the shortest point.

The least required horizontal distance between the rear lot line and the principal building measured at the closest point.

The least required horizontal distance between the side lot line and the principal building measured at the closest point.

A large deciduous tree, typically greater than 35 feet in height when mature, that is utilized for its broad leaf canopy and ability to cast a shadow upon a large area.

A grouping of retail goods and services businesses.

A tourist or transient use that has been issued a short-term rental permit.

A woody deciduous or evergreen plant, smaller than a tree, consisting of several stems from the ground or small branches near the ground.

A seasonal outdoor seating area on public property adjacent to and operated and maintained by a restaurant for serving patrons of the establishment. See Chapter 241.

Any device, including those listed below, used to attract attention to an entity.

The entire area within a single continuous perimeter enclosing the extreme limits of graphic elements together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall be included.

The graphic content or message of a sign.

Any lawfully preexisting sign that does not meet the requirements of this article.

Possession wherein the owner does not own adjoining vacant property.

The process by which the City reviews site plans for development to ensure compliance with the Comprehensive Plan, Zoning Code and other land development regulations.

A discretionary review process for projects that due to their nature or size may have a greater impact on the City of Oneonta. The Planning Commission shall have authority to engage in major site plan review.

An administrative review process that allows approval for routine development applications that meet the requirements of this ordinance. The Code Enforcement Officer shall have authority to engage in minor site plan review.

A permit provided by the Planning Commission for a use or uses that are not permitted by right in a district, but are listed as requiring a special use permit, subject to the requirements of § 300-29.

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a fuel-fired heating device or structure, including that part of the structure extending above a roof.

See "hillside area"

Rainwater, surface runoff, snowmelt, and drainage.

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources, and the environment.

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

That portion of a building between the surface of any floor and the surface of the next floor above, and any portion of a building used for human occupancy between the topmost floor and the roof. For purposes of height measurement, in determining the permissible number of stories, a basement or cellar shall not be counted. See "floor".

A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.

A public or private thoroughfare which affords the principal means of access to abutting property, including traffic ways, between right-of-way lines.

The established boundary lines of the right-of-way of a street, alley or public thoroughfare.

The wearing or exposed surface of the roadway used by vehicular traffic.

The width of the right-of-way, measured at right angles to the center line of the street.

A street that serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.

A street that serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.

A street that serves or is designed to serve primary access to abutting properties.

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Includes anything constructed or erected, the use of which demands a temporary or permanent location on the soil, or attached to something having a temporary or permanent location on the soil.

Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either personally or on behalf of ownership, lessees or building development, and shall include resubdivision.

The division of any parcel of land in the City into two or more lots, plots, blocks or sites, with or without streets, and with or without structures thereon, for the purpose of sale to the public for residential use only. This also includes resubdivision of land previously divided or platted in lots, sites or parcels; provided, however, that the sale or exchange of parcels of land between adjacent property owners where such sale does not create additional lots or parcels of land shall not be considered a subdivision of land within the purview of this definition.

Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots or any sized subdivision requiring any new street or extension of municipal facilities.

Any subdivision which contains not more than four lots fronting on an existing street; does not include any new street or road; does not require the extension of municipal facilities; does not adversely affect adjacent properties; and is not in conflict with any provision of the Comprehensive Plan and Official Zoning Map of the City of Oneonta or these regulations.

Any alteration which involves a change in the location or dimensions of windows or doors, a change of occupancy or the replacement of any exterior facade material with a different type of facade material. Substantial facade alteration does not include routine repairs or replacement of materials in kind.

A receptacle of water having a depth at any point of more than 24 inches and a surface area of greater than 100 square feet, designed or intended for recreational purposes and including all associated equipment. All swimming pools are subject to the regulations found in § 300-40.

A swimming pool that is not open to the public.

A publicly- or privately-owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.

See "place of worship."

See "bar."

The use of a parcel of land or of a building or part thereof from which the business of a taxi or livery service is conducted.

The construction of facilities to house or support a telecommunications tower so that the tower blends readily with the landscape, neighborhood and adjacent architectural features. Examples of camouflaging are silo and barn, windmill and simulated tree.

A provider of telecommunications service.

The use of a telecommunications tower by more than one carrier.

A structure on which transmitting and/or receiving antennas are located for the transmission and/or reception of wireless telecommunications services as defined in the Telecommunications Act of 1996.[4] This includes but is not limited to freestanding towers, guyed towers, monopoles and similar structures. It is a structure intended for transmitting and/or receiving telecommunications but, for the purposes of this chapter, excluding those either for fire, police or other dispatch communications or exclusively for private radio and television reception and private citizens' bands, amateur radio and other similar communications. Telecommunications facilities are subject to the regulations found in § 300-44.

As used in § 300-44, Telecommunications Facilities, a facility that serves the principal use and is subordinate in area, extent and purpose to the principal use. Examples of such facilities include base stations, transmission equipment and storage sheds.

Lattice tower supported by wire anchors onto which a telecommunications device is affixed.

A single pole of variable cross section onto which telecommunications devices are affixed.

Freestanding lattice tower onto which a telecommunications device is affixed.

Performing job-related requirements using telecommunications to transmit data and textual messages to the central organizational office without being physically present.

Selling of retail items outdoors for a limited amount of time for events such as sidewalk sales, open markets, art displays, and festivals.

An occupant who temporarily holds or occupies land, a building or other property owned by another.

A right-of-way, typically publicly owned, serving primarily as a means of vehicular and pedestrian travel, providing access to abutting properties, and which may also be used to provide space for bicycle facilities, stormwater management facilities, shade trees, and utilities. Alleys and passages are not considered thoroughfares.

Any use of a property for occupancy for less than a 30-day term of tenancy, or occupancy for less than 30 days of a property for residential use leased or owned by a business entity not including hotels, motels and bed-and-breakfasts as defined in this Code.

A multifamily project of single-family dwelling units, which may consist of one or more buildings, attached or detached, wherein the real property title and ownership are vested in an owner having an undivided interest with others in the common usage areas and facilities which serve the project. Administration and maintenance of common usage areas and facilities must be provided. Although units may share party walls, each unit is situated on a different parcel of land. For the purposes of this chapter, a condominium shall be considered a townhouse or townhome.

A lot which is subdivided into privately owned parcels to create a project of townhouse or townhome units, which may consist of one or more buildings, attached or detached.

A development pattern that caters to the pedestrian, requiring a walkable scale and a mix of residential and commercial uses similar to a traditional village or city.

See "recreational vehicle"

Those plats existing at the time of the enactment of this chapter that have been filed in the office of the County Clerk, where 20% or more of the lots within the plat are unimproved.

The purpose for which a parcel or structure is intended.

A use clearly incidental and subordinate to the principal use, whether located in a principal or accessory building, and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.

A property whose principal use is to add value to material using manufacturing processes.

A use of a building or of land that does not conform to the use regulations of the district in which it is situated, but which use existed and was lawful up to the time of the adoption of this chapter. The term "nonconforming use" shall include uses previously permitted as a matter of right and subsequently not permitted or permitted only by special use permit.

The main use for which a building or lot is used or intended to be used.

Any activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work. Temporary uses are subject to the regulations found in § 300-39.

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

Any individual or group that offers goods or services for sale.

See "animal hospital"

A building designed or used for the storage of merchandise, furniture or other commodities.

The buying or selling of goods, usually in bulk, for purchasers other than end users.

The total area of any single windowpane or series of windowpanes separated by mullions.

The horizontal member at the base of a window opening, particularly the ledge formed by such a member.

An open space unoccupied on the same lot with the main building, extending the full width of the lot and situated between the front line of the lot and the extreme front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the extreme front line of the building and front line of the lot. Covered porches shall be considered as part of the main building and shall not project into a required front yard, whether enclosed or unenclosed. The front yard depth or front setback requirement for corner lots shall be applied to both frontages.

An open space on the same lot with a main building, unoccupied except as hereinafter otherwise permitted, extending the full width of the lot and situated between the rear line of the lot and the extreme rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the center line of the alley if there is an alley, and the rear line of the building.

An open space unoccupied and unobstructed by buildings or structures from the ground to the sky except for landscaping, fencing, walls, driveways or parking located on the same lot with a main building situated between the side line of the building and an integral projection therefrom the adjacent side line of the lot line of the rear yard.

Districts for which the regulations governing the use of and occupation of property are the same.

The officially established Zoning Board of Appeals of the City of Oneonta.

The classification of lands as established in this chapter and by the Zoning Map.