Oswego City Zoning Code

No swimming pool shall be constructed or erected until a building permit is granted. Application for a building permit shall be accompanied by a plan showing the exact location and construction of the pool, filtering system, power supply, existing buildings, water, sewer, power and gas lines, the method of disposal of wastewater and type, size and location of fencing. A building permit shall be required for any enlargement or other major alteration of a swimming pool.

Yards. A swimming pool shall not be located in a front yard, and the pool and the appurtenances thereto shall be located so as to have a yard not less than five feet in width on all sides, except where the pool is attached to a principal structure.

Fences. Pools shall be surrounded by a fence or barrier at least four feet in height, strong enough to make the pool inaccessible to small children, and shall have a gate equipped with self-closing, self-locking devices. Any structure adjacent to the pool may serve as a portion of the fence. A pool whose basic structure or whose walls have a minimum height of four feet, which provides fencing, will not require separate fencing. However, with such pools, all stairs, pool ladders or pool-entering devices must be removed or raised to prevent access when the pool is not in use.

Lighting. Pool lighting shall not shine or reflect onto adjoining property.

Overhead power lines. No overhead power lines shall pass over the pool nor be maintained within 20 feet of the pool.

Maintenance equipment. All heating, filtering, disinfectant and recirculating equipment shall be located at least five feet away from property lines and be effectively enclosed or screened from view from adjacent properties.

Filling. No pool shall be filled between the hours of 7:00 a.m. and 8:00 p.m.

Maintenance and abandonment of swimming pools.

Modifications. The Permit Administrator may make modifications to these requirements in individual cases, with respect to the nature or location of pools, fences, gates or locking devices, provided that the protection as sought hereunder is not reduced.

Vans, buses and trucks of more than 3/4 ton carrying capacity, motor vehicles used for drag or stock car racing and an abandoned, discarded or junked vehicle as defined in § 253-2 must be parked in an enclosed garage.

Trailers, campers, boats, snowmobiles and other recreation vehicles shall be parked in a garage or side or rear yard and no more than two trailers, campers, boats, snowmobiles and other recreation vehicles may be stored outdoors on a lot in a residential district. All outdoor storage shall occur as inconspicuously as practicable on the lot.

Exceptions to these parking location regulations may be granted after issuance of a special permit; however, in no case shall a special permit be granted for the storage of an abandoned or junk vehicle, as defined in § 253-2.

No utility, temporary storage (pod) or permanent storage building shall be erected until a building permit has been issued therefor.

No utility, temporary storage (pod) or permanent storage building shall be erected in a front yard or public space.

Utility, temporary storage (pod) and permanent storage buildings up to 10 feet in height and not more than 144 square feet in area may be permitted in side and rear yards, no less than six feet from the side or rear property line.

Any utility, temporary storage (pod), or permanent storage building greater than 144 square feet in area, regardless of height, shall be classified as an accessory building and shall conform to yard setback and coverage requirements.

For the purpose of this section, the height shall be measured from the average ground grade to the highest point of the roof.

No ground-mounted or roof-mounted solar panel structure shall be erected until a building permit has been issued therefor.

Solar panel structures shall not be erected in a front yard.

Solar panel structures shall not be erected or mounted on facades of buildings.

Solar panel structures shall be classified as "accessory uses" and conform to height limitations and lot coverage requirements of the district in which the panels are located.

Solar panel structures shall be set back from property lines 10 feet in side yards and rear yards, or the height of the solar structure, whichever is greater.

For the purpose of this section, the allowed height of the solar structure shall be measured from the average ground grade to the highest point on the solar panel.

Solar panels mounted on roofs shall not protrude more than 10 feet above the peak of the roof or higher than the height limitation of the principal building/accessory building, whichever is less.

Solar panels shall not glare or reflect onto neighboring properties in proximity to the panel installation.

Purpose. It is the purpose of this section to regulate the placement, construction and installation of wind-energy-producing systems while promoting the safe, effective and efficient use of such systems. These regulations relate to siting of wind-energy-producing systems in the City of Oswego and do not address large-scale wind farms which are typically intended to sell energy directly to power companies or retail users.

Findings. The City of Oswego finds and declares that wind energy is an abundant, renewable and nonpolluting energy resource of the City and that its conversion to electricity will reduce the City's dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.

The City of Oswego further finds and declares that regulation of siting and installation of wind turbines is necessary for the purpose of protecting the health and safety of neighboring property owners and the general public and for preserving the aesthetics of the community.

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

Site plan review. The following submission guidelines shall be required for Planning Board applications:

Required permits. No person, being the owner or occupant of any land or premises within the City of Oswego, shall use or permit the use of land or premises for the construction of a tower for an on-site wind energy system without first obtaining site plan approval from the Planning Board and a special use permit from the Zoning Board of Appeals.

Public hearing. No action shall be taken by the Zoning Board of Appeals to issue a special use permit until after a public notice and hearing. Notice of the public hearing shall be published in the official newspaper of the City of Oswego at least 10 days before the date set for such hearing, and written notice of the hearing shall be mailed to the applicant or his/her agent at the address provided in the application at least 10 days before such hearing. The City of Oswego Zoning Office, in turn, shall be responsible for notifying, by USPS certified mail, all property owners of record within 200 feet of the boundary line of the property to which the application relates of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the City Assessor. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.

Waiver. The City of Oswego Planning Board may, under appropriate circumstances, waive one or more of the submission requirements contained herein.

Insurance. Prior to the issuance of any special use permit under this chapter, the applicant shall provide the Zoning Board of Appeals proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, that liability insurance has been obtained to cover any property damage or personal injuries which might result from the failure of the wind energy system or any part thereof. In the event of a transfer of ownership of the property containing a wind energy system, the new owner shall be required to provide the Zoning Board of Appeals proof that it has obtained the requisite property and personal liability insurance coverage under this section. An insurance policy issued under this section shall provide for notice to the Zoning Board of Appeals in the event that such policy is cancelled. Such insurance policy may be an existing homeowners' or farm insurance policy for the property on which the wind energy system is to be located. The Oswego Common Council, in consultation with the City of Oswego's insurers, may set the level of insurance required under this section at whatever level it deems adequate.

Power to impose conditions. In granting any site plan approval, special use permit or variance for an on-site wind-energy-producing system, the Zoning Board of Appeals or Planning Board, as the case may be, may impose reasonable conditions to the extent that such Board finds that these conditions are necessary to minimize any adverse effect or impact on neighboring properties or on the community.

Inspections. The Code Enforcement Office shall have the right at any reasonable time to enter, in the company of the owner or his/her agent, the premises on which a wind energy system is being or has been constructed to inspect all components of the installation. When practicable, the City officers shall provide the owner with written notice of his/her intent to conduct an inspection at least 24 hours before such inspection. Upon inspection, the City officers may order the owner to make repairs or alterations to the system in the event that the system is deemed deficient or dangerous and may order that the wind energy system cease operation until such repairs or alterations are made. In the event that the wind energy system is deemed to pose an immediate danger to life or property, the City officers shall have the right to enter the property forthwith, without the owner being present, and to take such action as is deemed reasonably necessary to eliminate such danger.

Failure to repair. In the event the owner of a wind energy system fails to make the repairs or alterations requested by the City officers within 60 days, the City officers shall order the owner to remove the wind turbine and all accessory structures from the property within 45 days. If the owner fails to remove the tower within such time, the City shall arrange to have the wind turbine and all accessory structures removed. The total expense of such removal shall constitute a lien on the real property on which the wind turbine and accessory structures were located until paid or otherwise satisfied or discharged.

Nonuse. If any wind energy system is not operated for a continuous period of six months, the City will notify the owner by registered mail and provide 45 days for a response.

Use of required yards. No principal or accessory use shall be located in any required front or side yard unless specifically permitted by the regulations of the district in which the use is located.

Corner lots. On a corner lot, each side which abuts a street shall be deemed a front lot line, and the required yard along each such lot line shall be a required front yard. The owner may decide which of the remaining yards shall be the required side yard and the required rear yard.

Side yards for attached buildings. Side yards for semidetached houses or row houses shall be required in the end lots of the total structure.

Through lots. For any through lot fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located.

Principal buildings on the same lot. If two or more principal residential buildings are located on the same lot, one building's exterior walls containing windows shall be separated from the nearest point on any adjacent building by a horizontal distance, perpendicular to the wall with windows, equal to at least twice the width of the required side yard for the particular district in which the buildings are located.

Accessory buildings.

Where property and building lines are not parallel, yard setbacks shall be based on an average of the two extreme dimensions at each building line and the absolute allowable minimum yard setback in each case being at least 50% of the required setback as stated in other sections of this chapter.

Open fire escapes may project beyond the building line a maximum of six feet into required side or rear yards or courts. They may not project into required front yards or usable open spaces nor shall they be placed on walls facing toward a street, except with the permission of and in compliance with conditions imposed by the Common Council of the City of Oswego, New York.

An arbor, open trellis, flagpole, unroofed steps, unroofed terrace (not more than three feet above ground level) or recreation, athletic or drying yard equipment shall be permitted in any required yard, court or usable open space.

Other permitted projections beyond the building line into a required yard, court or usable open space are:

Required area. For every multiple-family dwelling unit there shall be provided an area of at least 300 square feet of usable open space.

Location. Such required usable open space may be provided in more than one plot.

Slope. The maximum slope of required usable open space shall not exceed 5%.

Planning Board review. The Planning Board in its review of the site plan for any multiple-family development may require active recreational equipment to be installed and maintained to serve the needs of residents.

Location. No drive-thru facility shall be located within 500 feet of any lot line of a day-care center, school or place of worship.

Traffic impact. The Planning Board shall in each individual case, consider the potential traffic impact of the proposed drive-thru facility on the adjoining road system and on the parking areas affected. Where said Board determines that such traffic may have a significant, adverse impact, it may deny the application or it may require such reduction in scale or other modification of the size and nature of the proposed facility as, in the opinion of said Board, will be adequate to reduce the estimated impact to an acceptable level.

Waste material. All waste material shall be stored in rodentproof containers which shall be kept in a screened or enclosed location and shall be removed from the premises each day, with the exception of Sundays and holidays.

Home occupations shall be carried on wholly within the dwelling or an accessory building to the equivalent of 1/3 the ground floor area of the dwelling.

Not more than one nonresident person outside the family shall be employed.

There shall be no exterior storage of materials used in the occupation and no storage in any location of merchandise available for sale on the premises.

The traffic generated by such home occupation shall not increase the volume of the traffic, pedestrian or vehicular, so as to create a traffic hazard or disturb the residential character of the immediate neighborhood.

No retail sales of goods, except those produced on the premises and those which are clearly incidental to the providing of service involved in the home occupation, and no other exterior indication of the home occupation or variation from the residential character of the principal building are permitted.

Home occupation includes artists, baby-sitting, cooking, drafting, dressmaking, laundering, upholsterer, photographer, professional residence-office and other trades and businesses of a similar nature.

Home occupation excludes the following uses: animal hospitals, antique or other retail sales involving merchandise for sale on the premises, barber or beauty shops, clinics, commercial stables or kennels, convalescent homes, garages or repair of motor vehicles, electrical, radio and television repair, furniture refinishing, mortuary, music or dancing instruction in groups, restaurants, woodworkings, machine shops, pattern making, sheet metal shops, tinsmithing shops, animal grooming, contracting offices and other trades and businesses of a similar nature. Furthermore, if a use is prohibited in a district, it is prohibited as a home occupation in that district.

Home occupations shall be compatible with the residential use of the property and the neighborhood.

In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 8:00 p.m.

A home occupation may be carried out in the home in a residential district without obtaining a special permit as a home occupation under this chapter, as long as the activity is carried out exclusively by a permanent inhabitant of the residence, the activity brings no clients or customers to the residence, and no sign of any sort relating to the activity is displayed on or at the residence. Nonetheless, such a home occupation shall observe all limitations imposed on home occupations in this chapter.

Noise. All uses and activities emitting any sound must comply with Chapter 165 of this Code.[1]

Odor. Unless permitted by applicable local, state or federal law or regulation, the emission of any offensive or obnoxious odor discernible at the property line of the lot from which the odor is emitted is prohibited.

Toxic or noxious materials. Unless permitted by applicable local, state or federal law or regulation, no land use or operation shall be permitted which permits or causes the escape of any toxic or noxious materials, including fumes, gases or other matter, outside the building in which the use is conducted.

Smoke and other particulate matter. In no case shall the emission of smoke or other particulate matter violate the City of Oswego Code, including § 149-27B of this Code,[2] or any applicable air resource local, state or federal law or regulation. Unless permitted by applicable local, state or federal law or regulation, smoke, measured at the point of emission, of a shade that is darker than No. 3 on the Ringelmann Chart, shall be prohibited.

Fire and explosive hazards. There shall be no activities or storage involving flammable and/or explosive materials without adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry and except in accordance with all applicable local, state and federal laws and regulations, including this Chapter 126 of this Code.[3] All applicable requirements of the New York State Uniform Fire Prevention and Building Code, New York State Department of Environmental Conservation regulations, as well as the provisions of the National Fire Protective Association (NFPA) Code, shall be fully observed.

Radioactivity or electromagnetic disturbance. No activity shall be permitted which emits dangerous radioactivity beyond the building in which such activity is located, and the handling, storage or disposal of radioactive materials or waste by-products shall be conducted in strict accordance with applicable state and federal requirements, including § 126-23A, § 199-60B(11)[4] and § 207-3B(4)[5] of this code. No activity shall be permitted which causes electrical disturbance adversely affecting the operation of radios, televisions or any equipment other than that of the creator of such disturbance unless state or federal regulation requires such operation to be permitted.

Heat. Unless permitted by applicable local, state or federal law or regulation, no unreasonable heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. A rise in temperature of 1° F. along any adjoining property line shall be considered perceptible.

Lighting and glare. Unless permitted by applicable local, state or federal law or regulation, no unreasonable reflected or direct glare caused by any process, lighting or reflecting material in a degree to be objectionable shall be permitted at any property line or beyond.

Insects, rodents and vermin. Storage of any material or waste either indoors or outdoors in such a manner that it facilitates the breeding of insects, rodents or vermin is prohibited.

Vibration. No activity shall cause or create a steady-state or impact vibration discernible at any lot line in accordance with the following method of measurement:

Internal conversion of an attached garage or porch to living space. With regard to the internal conversion of an attached garage or porch to living space, a kitchen shall not be installed unless it is replacing an existing kitchen.

Internal conversion of preexisting nonconforming use for additional living space. With regard to the internal conversion of preexisting nonconforming use for additional living space, a kitchen shall not be installed unless it is replacing an existing kitchen.

Internal conversion of preexisting industrial use to condominiums or multiple-family dwellings. Notwithstanding the limitations set forth in Subsections A and B, kitchens shall be allowed with the internal conversion of preexisting industrial use to condominiums or multiple-family dwellings.

Notwithstanding any other portion of this Code, group residences shall have no more than eight occupants residing in such a facility when such facility is located in the TN2 and UR districts.

Furthermore, notwithstanding any other portion of this Code, substance abuse rehabilitation centers shall have no more than eight occupants residing in such a facility when such facility is located in the SR District.