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Onondaga City Zoning Code

§ 285-4

Definitions.

For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
ACCESSORY STRUCTURE
A structure detached from and subordinate to a principal building on the same lot, with less than one-half of the square footage of main floor footprint of the principal building, and which is used for purposes subordinate and customarily incidental to those of the principal building or use, including parking, storage, and recreation. The square footage of the main floor footprint shall be calculated using up-to-date plans for the principal building, if available, or the tax records maintained by Onondaga County. Structures used as a part of a farm, whether or not used for housing animals, shall not be subject to the aforesaid “one-half of the square footage of main floor footprint of the principal building” limitation.
[Added 12-3-2012 by L.L. No. 8-2012; amended 8-5-2024 by L.L. No. 3-2024]
ACCESSORY USE
A use customarily incidental and subordinate to the principal use, located on the same lot with such principal use. A use shall not qualify for treatment as an accessory use if it dominates the "principal" use in area, extent, or purpose.
[Amended 12-3-2012 by L.L. No. 8-2012]
ADULT HOME
Adult care facilities providing room, board and housekeeping in addition to case management, personal care and other nonmedical supervision. Adult homes are regulated by the New York State Department of Social Services and are designed for people who cannot function independently but do not require continuous medical or nursing care.
ADULT USE
Any business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities, including but not limited to adult arcades, adult bookstores or video stores, adult cabarets, adult live entertainment, adult motels, adult motion-picture theaters, adult novelty stores and massage establishments, as such terms are defined below.
[Added 8-21-2000 by L.L. No. 7-2000[1]]
A. 
SPECIFIED ANATOMICAL ACTIVITIESIncludes any of the following:
(1) 
Less than the completely and opaquely covered human genitals, pubic region, pubic hair or buttocks or female breast or breasts below a point immediately above the top of the areola.
(2) 
Human male genitals in a discernible turgid state even if completely and opaquely covered.
B. 
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of actual or simulated human masturbation, sexual intercourse, oral copulation or sodomy.
(3) 
Fondling or other intentional erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3) of this definition.
C. 
ADULT ARCADEAn establishment where, for any form of consideration, one or more still or motion-picture projectors, slide projectors or similar machines or other, image-producing machines, for viewing for five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical activities.
D. 
ADULT BOOKSTORE or VIDEO STOREA business which derives 25% or more of its gross income from the sale or rental of, or utilizes 25% or more of its retail selling area for or has stock comprised of 25% or more of any of the following:
(1) 
Books, magazines, periodicals, films, motion pictures, videocassettes, slides, compact discs and/or computer generation or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
E. 
ADULT CABARETA nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial establishment, whether or not alcoholic beverages are served, which features:
(1) 
Persons who appear nude or in a state of nudity or seminudity; or
(2) 
Live performances which are characterized by the exposure of specified anatomical activities or by specified sexual activities; or
(3) 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical activities.
F. 
ADULT LIVE ENTERTAINMENTA business where an adult male or female exposes parts of their body identified in specified anatomical activities.
G. 
ADULT MOTELA hotel, motel or similar business which:
(1) 
Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical activities and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(2) 
Offers a sleeping room for rent for a period of time less than 10 hours; or
(3) 
Allows a tenant or occupant to subrent the sleeping room for a period of time less than 10 hours.
H. 
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities for observations by patrons therein.
I. 
ADULT NOVELTY STOREA business which derives 25% or more of its gross income from the sale or rental of, or utilizes 25% or more of its retail selling area for or has stock comprised of 25% or more of any of the following: instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
J. 
DISSEMINATIONThe transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a person, customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities.
K. 
MASSAGEA method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument or any other treatment or manipulation of the human body which occurs as part of or in connection with specified sexual activities or where any person providing or receiving such treatment, manipulation or service related thereto exposes his or her specified anatomical areas.
L. 
MASSAGE ESTABLISHMENTAny business where body rubs, body shampoos, massages (as defined above) or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law or specifically exempt from Article 155 of the Education Law. (See Education Law § 7800 et seq.).
ALTERATION OF A BUILDING
Any modification, change, rearrangement or addition to a building, other than routine repairs.
AMBIENT SOUND LEVEL
Also referred to as "ambient noise level" and "ambient sound pressure level;" means the background (exclusive of the development proposed) sound level (L(90)) found to be exceeded 90% of the time over which sound is measured in a noise analysis. Unless indicated otherwise, frequency weighting according to the A-weighting scale is understood to be applicable.
[Added 6-2-2008 by L.L. No. 10-2008]
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
[Added 3-17-1997 by L.L. No. 3-1997]
AREA OF LAND
Land with definite boundaries or which is capable of being identified by size, square footage or dimensions either as a lot or parcel or a portion thereof.
[Added 8-3-2009 by L.L. No. 3-2009]
AREA VARIANCE
An 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.
ARTERIAL
A street, road or highway which is designed to move large volumes of traffic from one area to another (intercommunity traffic) and to and from freeways.
ATHLETIC CLUB
A private or public club which charges membership fees to clients to use athletic facilities on the club's premises; athletic facilities do not include recreational activities involving either motor vehicles or firearms.
BASEMENT
That space of a building which is partly below grade and which has at least 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
BILLBOARD
Any outdoor advertising board, structure or device which advertises, directs or calls to attention any business, article, substance, service or any sign which is painted, printed, posted or affixed to any building, structure, wall, fence, pole, railing, natural object or structure of any kind on real property or upon the ground itself which advertises services, products or commodities not available on the premises on which the billboard is located.
[Added 10-1-2007 by L.L. No. 8-2007]
BUILDING
Any structure wholly or partially enclosed with walls and a roof. The word "building" includes the word "structure."
BUILDING SUPPLY
A business engaged in the wholesale or retail distribution or sale of merchandise, goods, equipment, services, materials and supplies consumed, employed or expended in the construction, reconstruction, alteration, remodeling or repair of any building or structure.
[Added 8-3-2009 by L.L. No. 3-2009]
BUILDING, ACCESSORY
A subordinate building, the use of which is incidental to that of the principal building.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot, exclusive of steps and ramps for the handicapped.
BUILDING, HEIGHT OF
The vertical distance measured from the mean elevation of the finished grade line of the ground along the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS
Any commercial enterprise, establishment, association or arrangement for profit.
[Added 8-21-2000 by L.L. No. 7-2000]
CANNABIS RETAIL DISPENSARY
A physical location (i.e., storefront) in which a person of legal age can purchase cannabis and cannabis-related items for medical or recreational use.
[Added 11-15-2021 by L.L. No. 2-2021]
CAR WASH
An area of land and/or structure with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
COLLECTOR STREET
A street designed to collect or transport through automobile traffic from local, neighborhood streets and conduct it to arterials.
COMMERCIAL MOBILE SERVICE FACILITY
Any antenna or tower, including accessory equipment and devices used in the delivery of commercial mobile services.
[Added 5-19-1997 by L.L. No. 4-1997]
COMMERCIAL MOBILE SERVICES
Cellular telephone services, special mobile radio services and personal communication services as those terms are defined and regulated by the FCC.
[Added 3-17-1997 by L.L. No. 3-1997]
COMMERCIAL VEHICLE
The following vehicles when used or designed to be used for commercial purposes on public highways:
A. 
Motor-driven vehicles having a gross vehicle weight of more than 18,000 pounds.
B. 
Semitrailers.
C. 
Tractors.
COMMERCIAL WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system which generates original power on site to be transferred to a transmission system for distribution to customers.
[Added 6-2-2008 by L.L. No. 10-2008]
CONDOMINIUM
A multiunit structure or grouping of structures consisting of one or more levels, either attached or detached, in which persons hold fee simple title to individual units and an undivided interest in common areas or facilities.
[Added 8-3-2009 by L.L. No. 3-2009]
CONVENIENCE STORE
A smaller-sized retail business with primary emphasis placed upon providing the public with a readily available alternative location to quickly purchase from a wide array of consumable products, predominantly food (whether packaged or prepared) and household needs. Convenience stores may, but need not, include the sale of motor vehicle fuel.
[Added 4-3-2017 by L.L. No. 2-2017]
DAY CARE, FAMILY
An activity providing for the care and supervision of minors in a dwelling unit away from their own homes; family day care may involve no more than five minors daily who are not related to the head of the household of the dwelling unit.
DAY-CARE FACILITY
A facility at which care and supervision of minors is provided as a daily or scheduled program; examples are day nurseries, preschool programs and day-care centers. Day-care facilities expressly exclude family day care as defined herein.
DOMESTIC HOUSEHOLD PETS
Small animals customarily permitted within a residence or yard and kept for pleasure or company. Such animals shall include dogs, cats and other common pets such as fish, birds and small animals, provided that these are not raised for commercial purposes. This term shall exclude farm animals (horses, livestock, poultry and so forth), wild or dangerous animals, pigeons and fur-bearing animals raised for their pelts.
DRIVEWAYS and/or PRIVATE ROADS
A way providing a means of vehicular egress or ingress to a lot or property.
DWELLING
A building designed or used as living quarters for one or more families. The term "dwelling" does not include mobile homes, hotels or motels.
DWELLING, MULTIPLE
A. 
A building containing three or more dwelling units.
B. 
A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.
C. 
A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
D. 
A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses.
E. 
A building used or occupied as an adult or old-age home.
F. 
A community residence.
G. 
The term "multiple dwelling" does not include townhouses or nursing homes.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use by one family as a residence.
DWELLING, ONE-FAMILY
A building accommodating only a single family and having two side yards.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families living independently of each other in private units where all dwelling units and amenities are owned by the same person or persons. The term "two-family dwelling" does not include townhouses.
EAF
Environmental assessment form used in the implementation of the SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
[Added 6-2-2008 by L.L. No. 10-2008]
EMERGENCY SERVICES FACILITY
A building and/or facility used in connection with the provision of services by one of the following:
[Added 8-21-2023 by L.L. No. 4-2023]
A. 
Where fire engines and other fire prevention and fire suppression equipment are housed and stored, including ancillary emergency medical service equipment, and which serves as the base of fire prevention and fire suppression operations of firefighters and ancillary emergency medical service providers. Such facility does not include off-site, satellite or other premises used for residential housing of firefighters or firefighter trainees; or
B. 
Where ambulances and emergency medical services, vehicles and equipment are housed and stored and which serves as a base of operations for such services, including the housing of staff; or
C. 
Where police and law enforcement offices, services and equipment are housed and stored and which serves as a base of operations to provide such services to the community.
EQUIPMENT STORAGE
A parcel, with or without a structure or structures thereon, used for the assemblage, marshaling, parking, storage, placement, maintaining or organization of equipment, machinery, vehicles, goods and/or supplies for short- or long-term duration, whether as a primary use or ancillary to other uses.
[Amended 8-3-2009 by L.L. No. 3-2009]
EXPLICITLY PROHIBITED USE(S)
The explicitly prohibited uses defined and described in § 285-43.1 of this chapter.
[Added 12-3-2012 by L.L. No. 8-2012]
EXTRACTIVE INDUSTRY
The removal from the ground of sand, gravel, rock or stone, soil or earth, topsoil, sod, or minerals. ("Minerals" does not include petroleum or "natural gas," as that term is defined in § 245-43.1 of this chapter.) Removal of such earth products which is incidental to and in connection with i) excavation and/or grading of a site for a building or a structure and/or its appurtenant sidewalks, walls, driveways or parking facilities for which all required building and other permits have issued; ii) excavation and/or grading of a site for a public works project (such as sewers, waterlines, roads and bridges) or for a public utility facility; iii) excavation and/or grading of a site approved for subdivision development; or iv) construction of a farm pond or other farm conservation process, are expressly excluded from the definition of "extractive industry." Furthermore, in no event shall "extractive industry" be construed to mean, be, or include natural gas and/or petroleum exploration activities, natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 245-43.1 of this chapter), or any other explicitly prohibited use.
[Amended 12-3-2012 by L.L. No. 8-2012]
FAA
Federal Aviation Administration.
[Added 3-17-1997 by L.L. No. 3-1997]
FAMILY
Persons occupying a dwelling unit and living together as a family unit. It shall be presumptive evidence that more than four persons living in a single dwelling unit who are not related by blood, marriage, domestic partnership or legal adoption do not constitute the family unit. In determining whether individuals are living together as a family unit, the following criteria shall be present:
[Amended 1-7-2019 by L.L. No. 2-2019]
A. 
The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
B. 
The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
C. 
The group is permanent and stable. Evidence of such permanency and stability may include:
(1) 
The presence of minor dependent children regularly residing in the household who are enrolled in a local school
(2) 
Members of the household having the same address for the purposes of voter registration, driver’s license, motor vehicle registration and the filing of taxes;
(3) 
Members of the household are employed in the area;
(4) 
The household has been living together as a unit for one year or more, whether in the current dwelling unit or other dwelling units;
(5) 
Common ownership of the furniture and appliances among the members of the household;
(6) 
The group is not transient or temporary in nature; and
(7) 
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
D. 
Persons occupying group quarters such as a dormitory, fraternity or sorority will not be considered the functional equivalent of a family.
FARM
Any parcel, or multiple contiguous parcels of land in the same ownership, containing at least seven acres of land in the aggregate, which is used in the raising of agricultural products, horses, livestock, poultry and dairy animals, including necessary farm buildings, one one-family dwelling and the storage of equipment used for the farm. A farm may include a farm stand selling agriculturally related goods raised on the property, on a seasonal basis only. The term "farm" does not include the use of land or buildings for a public stable.
[Amended 8-25-2014 by L.L. No. 3-2014]
FCC
Federal Communications Commission.[2]
[Added 3-17-1997 by L.L. No. 3-1997]
FRONT YARD SETBACK LINE
The line established at a distance specified by subdivision and/or zoning regulations beyond which no part of a building, other than parts expressly permitted, shall extend.
FUNERAL HOME
A building, which may or may not include a dwelling unit, devoted to or used in the care and preparation for burial or cremation of a body of a deceased person. Included within this term are funeral establishments and funeral parlors; excluded from this term are facilities for cremation, morgues and facilities for nonhumans.
GARAGE
A building, whether attached or detached, used or designed to be used for the storage of highway motor vehicles.
GRADE, FINISHED
Natural surface of the ground or surface of ground after completion of any change in contour.
GROSS FLOOR AREA
The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts but shall include basement areas.
[Added 3-18-2019 by L.L. No. 4-2019]
HIGHWAY VEHICLE REPAIR SHOP
A building, or portion of a building, used or designed to be used for making repairs to highway vehicles.
HIGHWAY VEHICLE SERVICE STATION
Any area of land, including any building or buildings thereon used for the supply of gasoline, diesel oil or other product used as energy for the propulsion of vehicles. For the purposes of this chapter, any accessory use involving polishing, greasing, washing, spraying or otherwise cleaning or servicing such highway vehicles will be included in this term, but such accessory use shall be clearly secondary to the principal activity and must be contained within the building housing the principal activity.
HOME OCCUPATION
A nonresidential activity conducted entirely within a dwelling for profit or gain, in which clients or customers are allowed, expected or encouraged to visit the premises, with or without employees, with or without any external evidence of such nonresidential activity.
[Amended 9-18-2000 by L.L. No. 9-2000]
HORIZONTAL AXIS ROOF-MOUNTED WIND CONVERSION SYSTEM
A roof-mounted wind conversion system which has its blades revolving around a horizontal axis perpendicular to the ground. More particularly, it has a main rotor shaft and electrical generator at the top of a tower with revolving propeller-type blades that must be pointed into the wind.
[Added 8-3-2009 by L.L. No. 3-2009]
HOSPITAL, ANIMAL
An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment, excluding the treatment or other care of humans.
HOTEL or MOTEL
A building used for the transient lodging of the public in single rooms or suites of rooms; such building may include dining rooms, kitchens, serving rooms, ballrooms and other facilities for accommodation of the public.
INDUSTRY, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials; such a use may involve storage or manufacturing processes that potentially involve hazards or commonly recognized offensive conditions. The term "industrial" shall not include junkyards, waste disposal operations, automobile parts recycling or disassembly or bulk storage of flammable liquids (other than that necessary and incidental to the operation of the primary heavy manufacturing use). Furthermore, in no event shall "industry, heavy" be construed to mean, be, or include any explicitly prohibited uses.
[Amended 12-3-2012 by L.L. No. 8-2012]
INDUSTRY, LIGHT
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
JUNKYARD
An area of land, with or without buildings, used for or occupied by a deposit, accumulation, collection or storage, outside a completely enclosed building, of used or discarded materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. In no event shall "junkyard" be construed to mean, be, or include any explicitly prohibited uses.
[Amended 12-3-2012 by L.L. No. 8-2012]
LINE, STREET
The dividing line between the street right-of-way and the lot.
LOCAL STREET
A street designed to provide access to neighborhoods not primarily designed to carry through traffic and where moving traffic is a secondary function.
LOT
A parcel of land occupied or intended to be occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such building.
LOT AREA
The total area (measured in acres or square feet) within the property lines of a lot, excluding land within dedicated or proposed public streets. Other rights-of-way or easements, which prohibit improvements such as buildings and structures, shall be included in the calculation of total lot area.
[Amended 3-1-2004 by L.L. No. 1-2004]
LOT COVERAGE
The aggregate percentage of the lot area covered by all principal and accessory buildings as measured by the vertical projection to the ground of their greatest outside dimensions.
LOT FRONTAGE
The side of a lot abutting on a street right-of-way; for corner lots, the narrowest side shall be considered the street frontage for purposes of measuring minimum road frontage width. For all other purposes of determining yard requirements on a corner lot, all sides of a lot abutting a street shall be considered frontage, and yards shall be provided as indicated under "yards" in this section.
LOT LINES
The lines bounding a lot.
LOT, CORNER
A lot fronting on two streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front street line and the rear lot line.
LOT, WIDTH OF
The distance between the two side lot lines measured along the front yard setback line as established for each district in this chapter.
MANUFACTURED HOME
A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4-1-1993, transportable in one or more sections, which in the traveling mode is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or when erected on site is 320 square feet (29.7 m2) 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 "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.
[Added 8-3-2009 by L.L. No. 3-2009]
MEDICAL SERVICES FACILITY
A facility providing for the treatment of illness, injury and disease, providing inpatient and/or outpatient accommodations, including what are commonly termed "clinics," "diagnostic centers," "neighborhood health centers" and "hospitals," but expressly excluding group residences, nursing homes, adult homes and business offices, except where such offices are accessory to the "medical services facility."
MOBILE HOME
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 (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or when erected on site is 320 square feet (29.7 m2) 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.
[Amended 8-3-2009 by L.L. No. 3-2009]
MODULAR HOME
A factory-manufactured dwelling unit, conforming to applicable provisions of this Code and bearing insignia of approval issued by the State Fire Prevention and Code Council, which is constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in a manufacturing facility, intended or designed for permanent installation or for assembly and permanent installation.
[Added 8-3-2009 by L.L. No. 3-2009]
NET-METERING
A billing arrangement that allows solar customers to receive credit for excess electricity which is generated from the customer's solar energy system and delivered back to the grid so that customers only pay for their net electricity usage for the applicable billing period.
[Added 1-8-2018 by L.L. No. 1-2018]
NONCONFORMING ELEMENT
A building, structure, lot, yard, use of land or aspect related to use (such as off-street parking, signage or screening) which was lawfully existing on the effective date of this chapter or any amendment thereto and which does not conform to the regulations of the district or zone in which it is situated.
NURSERY
Land, building and storage facilities on not less than three acres in size used for the growing and/or display and sale of flowers, plants, trees and shrubs, including the storage of ancillary materials and the providing of landscape services.
[Added 6-18-2011 by L.L. No. 3-2011]
NURSERY OR GREENHOUSE, COMMERCIAL
Land and buildings used for the growing of flowers and plants for retail or wholesale distribution to the public or other commercial vendors.
NURSERY OR GREENHOUSE, RESIDENTIAL
Land and buildings used for the growing of flowers and plants for private use. No sale of any products is allowed in connection with this activity.
NURSING HOME
A residential health care facility regulated and monitored by the New York State Department of Health which either provides twenty-four-hour medical supervision for patients requiring rehabilitative or custodial care or which is designed to meet the needs of patients requiring nursing supervision or care. The term "nursing home" shall not include a "medical service facility."
OFF-SITE SIGN
Any sign advertising or calling attention to any business, activity or product not located on the same continuous parcel of land as the sign or any sign advertising or calling attention to any commodity or service not sold or offered upon the same continuous parcel of land as the sign.
[Added 10-1-2007 by L.L. No. 8-2007]
OUTDOOR DINING
An open-air eating area accessory to a restaurant not situated within the building containing the restaurant.
[Added 3-15-2021 by L.L. No. 1-2021]
PARCEL
An area of land with definite boundaries, all or parts of which are owned by the same person(s) or entities.
[Added 8-3-2009 by L.L. No. 3-2009]
PARKING FACILITY
A parcel with or without structure(s) thereon used for the storage or parking of motor vehicles on a short-term or long-term basis.
[Amended 8-3-2009 by L.L. No. 3-2009]
PARKING SPACE
A surfaced area outside of any building, or indoors in the case of a garage, having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for the temporary storage of one licensed automobile and connected with a street by a surfaced driveway which affords satisfactory ingress and egress for automobiles. Parking spaces may be utilized in groups of two or more so long as the other qualifications of this definition are satisfied.
PERSON
Any individual, firm, partnership, corporation, association, limited liability company, business entity or legal representative, acting individually or jointly.
[Added 8-21-2000 by L.L. No. 7-2000]
PLAT
A map, plan or layout of a Town, section or subdivision indicating the location and boundaries of individual lots and related uses.
PORCH
An accessory part of a building, enclosed or unenclosed, attached or abutting the outside of a principal building; the term "porch" includes what are commonly known as "decks" and "porticoes."
POWER-GENERATING FACILITY
A facility where electricity and/or steam is created for use in powering on-site or off-site industrial, commercial, residential or other activities.
PREEXISTING TOWERS AND ANTENNAS
Any tower or antenna for which a legal building permit was issued and which was constructed and in existence as of May 6, 1996.
[Added 3-17-1997 by L.L. No. 3-1997]
PRIVATE WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system that is incidental and subordinate to another use on the same parcel and supplies electrical power solely for on-site use, except that when a parcel on which a private wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the private wind energy conversion system may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, so long as no net profit is produced by such excess electrical power.
[Added 6-2-2008 by L.L. No. 10-2008]
PUBLIC OR PRIVATE INSTITUTIONS OF HIGHER EDUCATION
An educational institution for postsecondary education that awards a bachelor’s degree, graduate degree or professional degree.
[Added 12-3-2012 by L.L. No. 9-2012]
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of solar energy systems (and the components thereof) and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.
[Added 1-8-2018 by L.L. No. 1-2018]
RECREATION FACILITY, INDOOR
Commercially operated recreation facilities where activities are conducted within a building or enclosed structure. Examples are bowling alleys, skating rinks, swimming pools, tennis and paddle courts, video arcades and theaters; athletic clubs are excluded.
RECREATION FACILITY, OUTDOOR
Includes commercially operated recreation facilities where activities are primarily conducted outside of a building or structure; examples are outdoor driving ranges, parks and beaches, and miniature golf courses. This term expressly excludes racetracks and outdoor theaters.
RELIGIOUS USE
A land use activity devoted to public worship and related religious purposes, including but not limited to churches, synagogues, mosques, parish houses, convents and monasteries. The term does not include day-care facilities, housing for the poor or indigent, group homes or treatment centers.
RESEARCH LABORATORY
A room, structure or workplace for the purpose of conducting scientific research or experimentation, or a place for the practice, observation or testing of substances, materials or goods.
[Amended 8-3-2009 by L.L. No. 3-2009]
RESTAURANT
Any building designed, intended as or used in whole or part for the retail sale of prepared food and/or beverages for on-premises consumption. The term shall not include restaurants with drive-in facilities or temporary eating facilities such as are associated with field days or charitable institutions or activities.
RETAIL BUSINESS
A commercial activity characterized by the direct on-premises sale of goods and services within a building to the ultimate consumer, generally involving stock-in-trade such as are normally associated with department stores, food markets, shops and similar establishments. This term shall also include personal service shops such as barbershops, beauty salons and dry cleaning or laundry services of less than 4,000 square feet gross floor area. This term will not include restaurants, banks, highway vehicle service stations or other vehicular services, outdoor retail sales or offices.
ROOF-MOUNTED WIND ENERGY CONVERSION SYSTEM
A relatively small wind energy conversion system which generates original power on site for on-site use by the property owner or homeowner, mounted on the principal building's roof.
[Added 6-2-2008 by L.L. No. 10-2008]
SATELLITE DISH ANTENNA
Any parabolic dish, antenna or other device or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites. Such an antenna shall be considered a "structure" within the meaning of this chapter.
SCHOOL
An institution of learning, whether public or private, administered under the supervision of the New York State Department of Education, for the primary and/or secondary education of children.
SELF-STORAGE FACILITY
A facility intended for use by the public and operated as a business for the purposes of storage of personal, household, business and other property, where the facility is accessed directly by the owner of the stored property. A self-storage facility does not include residential storage sheds, warehouses or outdoor storage areas or yards. A self-storage facility includes only those facilities used exclusively for storage inside the facility. It does not include facilities that accommodate outdoor storage such as storage yards for vehicles and recreational equipment.
[Added 2-4-2019 by L.L. No. 3-2019]
SEMITRAILER
Any vehicle not propelled by its own power designed to be drawn on the public highways by a motor-driven vehicle so that when operated the forward end of its body or chassis rests upon the body or chassis of the towing vehicle.
SEQRA
The New York State Environmental Quality Review Act, as codified in Article 8 of the New York State Environmental Conservation Law and its implementing regulations in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Part 617 et seq. (6 NYCRR 617).
[Added 6-2-2008 by L.L. No. 10-2008]
SHADOW FLICKER
Alternating changes in light intensity caused by the moving blade casting shadows on the ground and stationary objects, such as a window at a dwelling. More particularly, it is the rotor blades of the wind turbines chopping the sunlight, causing a flickering (blinking) effect while the rotor is in motion.
[Added 6-2-2008 by L.L. No. 10-2008]
SIGN
Any material, structure, device or other representation, including any part thereof, which is comprised of lettered or pictorial material or upon which lettered or pictorial matter is placed and which is used to advertise or promote the interests of any person or business.
SIGN, IDENTIFICATION
A sign which directs attention to a business, industry or profession conducted upon the property.
SIGN, OFF-PREMISES
A sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted elsewhere than on the premises upon which such sign is located, and which is sold, offered or conducted on such premises only incidentally, if at all.
[Added 12-6-2010 by L.L. No. 9-2010]
SIGN, PROFESSIONAL OR ANNOUNCEMENT
A sign which directs attention to a home occupation, a home professional office or public or semi-public building, or in the case of churches and places of worship only, to announce dates, hours of worship and special events related to that church or place of worship.
[Amended 3-18-2019 by L.L. No. 4-2019]
SIGN, REAL ESTATE OR CONSTRUCTION
A sign advertising land or improvements thereto, or describing construction activity or a firm doing work related to construction, on the premises on which the sign is located.
SIGN, TEMPORARY
One which directs attention to a special activity or entertainment.
SITE
The parcel(s) of land where a wind energy facility is to be placed. The site can be publicly or privately owned.
[Added 6-2-2008 by L.L. No. 10-2008]
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
[Added 1-8-2018 by L.L. No. 1-2018]
SOLAR COLLECTOR
A solar photovoltaic cell, panel, or array or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
[Added 1-8-2018 by L.L. No. 1-2018]
SOLAR ENERGY SYSTEM
A complete system of solar collectors, panels, controls, energy devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy, including but not limited to thermal and electrical, stored and protected from dissipation and distributed. For purposes of § 285-36.1, a solar energy system does not include any solar energy system of four square feet in size or less.
[Added 1-8-2018 by L.L. No. 1-2018]
A. 
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM A solar energy system incorporated into and becoming part of the overall architecture, design and structure of a building in a manner that the solar energy system is a permanent and integral part of the building structure.
B. 
FLUSH-MOUNTED SOLAR ENERGY SYSTEMA rooftop-mounted solar energy system with solar panels which are installed flush to the surface of a roof and which cannot be angled or raised.
C. 
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is affixed to the ground either directly or by mounting devices and which is not attached or affixed to a building or structure.
D. 
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEMA solar energy system in which solar collectors/panels are mounted on the roof of a building or structure either as a flush-mounted system or as panels fixed to frames which can be tilted to maximize solar collection. Rooftop-mounted solar energy systems shall be wholly contained within the limits of the building's or structure's roof surface.
SOLAR FARMS
A solar energy system or collection of solar energy systems or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of supplying electricity to a utility grid for wholesale or retail sales of electricity to the general public or utility provider.
[Added 1-8-2018 by L.L. No. 1-2018]
SOLAR PANEL
A device which converts solar energy into electricity.
[Added 1-8-2018 by L.L. No. 1-2018]
SOLAR SKYSPACE
The space between a solar energy system and the sun through which solar radiation passes.
[Added 1-8-2018 by L.L. No. 1-2018]
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available in an electrical form.
[Added 1-8-2018 by L.L. No. 1-2018]
SOLID WASTE
Materials or substances discharged or rejected as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection. Such wastes shall include but are not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris. In no event shall "solid waste" be construed to mean, be, or include natural gas and/or petroleum extraction, exploration or production wastes (as that term is defined at § 245-43.1 of this chapter).
[Amended 12-3-2012 by L.L. No. 8-2012]
SOLID WASTE MANAGEMENT FACILITY
Any facility employed beyond the initial solid waste collection process, including but not limited to transfer stations; baling facilities; rail-haul or barge-haul facilities; processing facilities, including resource-recovery equipment or other facilities to reduce or alter the volume or chemical or physical characteristics of solid waste; sanitary landfills; plants and facilities for composting, compacting or pyrolyzing solid wastes; incinerators; land spreading facilities; and storage areas associated with any of the foregoing. In no event shall "solid waste management facility" be construed to mean, be, or include "land application facility," "natural gas and/or petroleum extraction, exploration or production wastes disposal/storage facility," or "natural gas and/or petroleum extraction, exploration or production wastes dump" (as those terms are respectively defined at § 245-43.1 of this chapter), or any other explicitly prohibited use.
[Amended 12-3-2012 by L.L. No. 8-2012]
SOUND LEVEL
Also referred to as "noise level;" means the statistical sound pressure level expressed as the sound pressure level that is exceeded for a given proportion of the time over which sound is measured. L(10) shall mean the standard abbreviation for the sound pressure level that is exceeded for 10% of the time over which the sound is measured. L(90) shall mean the standard abbreviation for the sound pressure level that is exceeded for 90% of the time over which the sound is measured. Unless indicated otherwise, frequency weighting according to the A-weighting scale is understood to be applicable.
[Added 6-2-2008 by L.L. No. 10-2008]
SOUND PRESSURE LEVEL
The quantity in decibels measured by a sound level meter satisfying the requirements of the American National Standards Specification of Sound Level Meters, S1.4-1971 according to a frequency-weighted decibel scale. "Decibels" shall mean 20 times the logarithm to the base 10 of the ratio of the root mean squared pressure of a sound to a reference pressure of 20 micropascals. dB shall mean the standard abbreviation for decibels. Frequency-weighting of the sound pressure level is obtained with the standardized dynamic characteristic "fast" or "slow" and weighting A, B or C; unless indicated otherwise, the A-weighting is understood to be applicable. "dBA" shall mean the standard abbreviation for the A-weighted sound pressure level in decibels.
[Added 6-2-2008 by L.L. No. 10-2008]
SPECIAL PERMIT USE
A use which because of its unique characteristics requires individual consideration through a procedure of review by the Zoning Board of Appeals, in order to determine whether a use should be allowed, conditionally allowed, or denied.
[Added 12-3-2012 by L.L. No. 8-2012]
STABLE, PRIVATE
Building(s) and land on which one or more horses, mules or burros belonging to the owner of the building and land or his (her) immediate family or the resident/tenant of the building or his (her) immediate family are kept; access to the private stable is limited to the owner of the animals, his (her) immediate family and nonpaying guests.
STABLE, PUBLIC
A commercial operation consisting of building(s) and land within which one or more horses, mules or burros are kept for sale, rent, riding or boarding purposes.
STORY
That portion of a building included between any floor and the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than half the floor-to-ceiling height.
STREET
A public or private way which affords principal means of access to abutting properties.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE
An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings, the use of which requires temporary or permanent location on or support of the soil or which is attached to anything on the soil, but shall not include private driveways or roads.
SWIMMING POOL
Any structure intended for swimming, diving, recreational bathing or wading, which contains, or which is designed to contain, water over 24 inches deep. The term “swimming pool” shall include in-ground, aboveground and on-ground pools, indoor pools, hot tubs, spas, and fixed-in-place wading pools.
[Added 8-21-2023 by L.L. No. 4-2023]
TINY HOUSE
A single-family dwelling unit that is 400 square feet or less in floor area, excluding lofts, constructed on a permanent foundation without a chassis with wheels, that is intended to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking and sanitation, built in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.
[Added 12-7-2020 by L.L. No. 2-2020]
TOWER
A structure designed to support antennas. It includes, without limitation, freestanding towers, guyed towers, lattice towers and monopoles.
[Added 3-17-1997 by L.L. No. 3-1997]
TOWER HEIGHT
The height measured from the ground to the top of the highest point of blade height (tip) as extended at its highest vertical point.
[Added 6-2-2008 by L.L. No. 10-2008]
TOWN
The Town of Onondaga.
[Added 8-21-2000 by L.L. No. 7-2000]
TOWNHOUSE
A building, other than a condominium, containing dwelling units which are individually owned, each owner having a title enabling him (her) to sell, mortgage or exchange his (her) unit independently of the owners of the other units in the building, which have a common or party wall without openings separating the units, and which each have primary ground floor access to the outside.
TRACTOR
A motor-driven vehicle designed and used as the power unit in combination with or for towing a semitrailer.
TRAILER
See "mobile home."
TRUCK TERMINAL
Land and buildings used as a relay station for the transfer of a load from one vehicle to another or from one party to another. A terminal cannot be used for permanent or long-term accessory storage. The terminal may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.
USE
The purpose for which a building, structure or premises, or any part thereof, is occupied or, if unoccupied, the purpose for which it may be occupied.
USE VARIANCE
An 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.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
VERTICAL AXIS ROOF-MOUNTED WIND CONVERSION SYSTEM
A roof-mounted wind conversion system which has its blades revolving around a vertical axis parallel to the ground. More particularly, the main rotor shaft is arranged vertically and spins vertically, similar to an egg beater.
[Added 8-3-2009 by L.L. No. 3-2009]
VOCATIONAL SCHOOL
A school, especially on a secondary level, that offers instruction and practical introductory experience or job-specific skills to one or more trades or careers. Also referred to as a "trade school" or "career college."
[Amended 8-3-2009 by L.L. No. 3-2009]
WAREHOUSE
A building used primarily for the storage of goods and materials.
WAREHOUSING AND DISTRIBUTION
A structure or structures used for the storage and distribution of wares, goods and merchandise; or the act of conducting an enterprise for such purposes.
[Amended 8-3-2009 by L.L. No. 3-2009]
WIND ENERGY CONVERSION SYSTEM
A machine that converts the kinetic energy in the wind in a usable form (commonly known as a "wind turbine" or "windmill"). The wind energy conversion system or "WECS" includes all parts of the system.
[Added 6-2-2008 by L.L. No. 10-2008]
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction.
[Added 6-2-2008 by L.L. No. 10-2008]
YARD
An open unoccupied space on the same lot or parcel of land with a building or structure.
YARD, DEPTH OF
The shortest horizontal distance from the lot line, or its vertical projection, to that part of the main building that is nearest thereto, excepting eaves less than two feet in width.
YARD, FRONT
An unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the front street right-of-way line of the lot and the front line of the building projected to the side lines of the lot.
YARD, REAR
An open space on the same lot with the 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 rear line of the building projected to the side line of the lot.
YARD, SIDE
An open unoccupied space on the same lot with the main building, situated between the side line of the building and the adjacent side line of the lot and extending from the front yard line to the rear yard line.
[1]
Editor's Note: This local law also repealed the former definition of "adult entertainment use," added 8-21-1995 by L.L. No. 3-1995.
[2]
Editor's Note: The former definition of "fire station," which immediately followed this definition, was repealed 8-21-2023 by L.L. No. 4-2023.