Zoneomics Logo
search icon

Owasco Town City Zoning Code

ARTICLE II

Definitions

§ 150-6 Word usage.

For the purposes of this chapter, certain words and terms used herein shall be interpreted as follows:
The word "person" includes a firm, association, partnership, trust, company or corporation, or other entity as well as an individual.
Words used in the present tense include the future tense.
All words in the plural number include the singular number and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construction of the wording indicates otherwise.
The word "building" includes the word "structure."
The words "shall" and "must" are mandatory and not discretionary. The word "may" is permissive.
The words "used" or "occupied" include the term "intended, designed, and/or arranged to be used, occupied, rented, or leased."
The word "lot" includes the words "plot," "parcel," "tract," or "site."
The word "premises" includes a lot and all buildings or structures thereon.
"To erect," "to construct," and "to build" a building or structure each have the same meaning and also include "to excavate" for a building and "to relocate" a building by moving it from one location to another.

§ 150-7 Specific definitions.

As used in this chapter, the following terms shall have the meanings indicated:
The voluntary and intentional relinquishment of property or cessation of the use of property by the owner or lessee without any intention of transferring rights to another owner or of resuming the use of the property. "Abandonment" shall also mean to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. An "intent to resume" can be shown through continuous operation of a portion of the facility, maintenance of sewer, water, and other public utilities including electric service, or other outside proof of continuance such as bills of lading, delivery records, etc.
The term applied to a building, structure, system, or use (except for an accessory dwelling unit) that 1) is customarily incidental and subordinate to the principal building or use served; 2) is subordinate in area, extent, or purpose to the principal building or use served; 3) contributes to the comfort, convenience, or necessity of occupants of the principal building or principle use; and 4) is located on the same parcel as the principal building or principal use.
A second, subordinate residential dwelling unit located on the same parcel as a primary, single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. It may be an adaptive reuse of an existing permanent detached accessory structure such as a barn, carriage house or a garage, or a new construction.
An accessory building separate from the principal building constructed primarily for the purpose of housing a wood, coal, or other solid fuel furnace that serves to provide heat and/or hot water to the principal building. For purposes of this definition, freestanding furnaces designed to be placed outside of a building shall be considered an accessory furnace building.
Next to or within the close proximity of a specified location.
Touching or sharing a common boundary. In the case of defining adjoining lots, properties, or parcels of land, adjoining may also refer to a lot or parcel of land that is directly across a street, private street, access easement, or right-of-way from the subject lot, property, or parcel of land.
Any use or substantial or significant part thereof in which is provided, in pursuance of a trade, calling business, or occupation, goods, including books, magazines, pictures, slides, film, phonographic records, prerecorded magnetic tape and any other reading, viewing, or listening matter, or services including activities, facilities, performances, exhibitions, viewings, and encounter, the principal feature or characteristics of which is the nudity or partial nudity of any person, or in respect of which the word "nude," "naked," "topless," "bottomless," "sexy," or any other word, picture, symbol, or representation having the meaning or implication is used in any advertisement.
A form of commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm or other agricultural business for the purposes of entertaining and/or educating the visitors and generating income for the farm or business owner including but not limited to agricultural museums, corn mazes, cut-your-own Christmas tree farms, demonstration farms, garden tours, hay rides, living history farms, on-far, farmers' markets or roadside stands, petting and feeding zoos, pumpkin picking patches, and U-pick operations.
The use of land and resources for the production of food, fiber, fuel, and for agri-tourism activities in accordance with the accepted practices of land, nutrient, and farm management as defined by the New York State Department of Agriculture and Markets including but not limited to the raising, harvesting, and selling of crops; feeding (including grazing), breeding, managing, selling, or producing livestock, poultry, fur-bearing animals, or honeybees; dairying and the sale of dairy products; any other aquacultural, floricultural, horticultural, silvicultural, or viticultural use; animal husbandry, agricultural support industries, or by any combination thereof; and equestrian facilities.
An agricultural use involving the keeping and raising of customary farm animals including but not limited to poultry, rabbits, horses, cows, goats, and sheep, outdoors in cages, coops, hutches, and enclosures.
Commercial agricultural field and orchard uses including production of crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees and sod, and vegetables. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing, and sales in the field not involving a permanent structure.
As applied to a building or structure: a change or rearrangement in the structural parts; an enlargement, whether by extending on a side or by increasing in height; the moving from one location or position to another; the adaptation to another or different use, including any separation into rooms or spaces by the installation of nonbearing partitions; or the installation, replacement, or alteration of mechanical systems.
Structures, equipment, devices, or construction techniques used for the production of heat, light, cooling, electricity, or other forms of energy on site and may be attached to or separate from the principal structure. Current examples include wind turbines, solar collectors and solar greenhouses, heat pumps, or other related devices.
Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases and wherein the overnight care of said animals is prohibited except when necessary in medical treatment of the animal. This term is also commonly referred to as an "animal hospital" or "veterinary clinic."
The raising or keeping of one or more steers, cows, horses, mules, hogs, sheep, goats, donkeys, oxen, or other similar animals, or the raising or keeping of more than four ducks, chickens, rabbits, geese, quail, chinchillas, mink, or any similar small animals, but not including dogs, cats, or other common household pets. Such uses include the pasturing, feeding, and sheltering of such animals.
Any structure, land, or combination thereof used, designed, or arranged for the commercial boarding, breeding, or care of dogs, cats, pets, fowl, horses, or other domestic animals for profit, but exclusive of animals used for agricultural purposes.
A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
A system of electrical conductors that transmit or receive electronic frequency signals. Such signals shall include, but not be limited to radio, television, cellular, paging, and personal communication services (PCS).
A dwelling unit within a two-family or multifamily dwelling that is intended to be leased or rented. This term shall not be deemed to include a motel, hotel, boardinghouse, or travel trailer.
The extent or measurement of a surface or piece of land.
The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of covered porches, terraces, and steps.
The sum of all areas of the several floors of a building, including areas used for human occupancy, as measured from the exterior faces of the walls. It does not include areas not used for human occupancy, such as enclosed porches, attics, and basements that are not used for human occupancy.
The total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way.
A residential facility for individuals who require some assistance with daily living, with units that may contain kitchenettes, that is operated by an entity licensed by the State of New York to operate an assisted living residence or assisted living program component. The facility will combine dwelling units with provision of services, including, but not limited to, communal dining, medication supervision, personal care, physical therapy, and assistance with the activities of daily living such as bathing, dressing, grooming, eating, and/or ambulation for persons who do not need the skilled medical care provided by a nursing home or convalescent care facility.
A per acre quantity of intact timber in a forest stand, calculated as the square foot cross-sectional area of tree stems measured at diameter at breast height (dbh).
A story partly underground, but having 1/2 or more of its height, measured from floor to ceiling, above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of determined number of stories and floor area.
An owner or operator occupied dwelling in which not more than five sleeping rooms are provided or offered for overnight temporary accommodations for transient guests for compensation, and serving breakfast to guests only.
Buildings and facilities, owned or operated by a corporation, association, person, or persons, for a social, educational, or recreational purpose, to which membership is required for participation, and not primarily operated for profit nor to render a service that is customarily carried on as a business.
A continuous strip of land area covered with grass, vegetation, trees, fencing, embankments, or berms, designed to provide a physical screen to limit visibility between uses and reduce the escape and/or intrusion of litter, fumes, dust, noise, or other noxious or objectionable elements.
Any structure that is permanently affixed to the land, enclosed within exterior walls that are built, erected, and framed of a combination of materials, whether portable or fixed, having a roof, and which is used or intended to be used for the shelter or enclosure of persons, animals, or property.
The Codes of New York State.
The percentage of the plot or lot area is covered by the building.
A vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the structure, excluding chimneys, cupolas, and widow's walks.
A line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building or a projected roof or porch. The vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two feet in width. All yard and setback requirements are measured to the building line.
A building in which is conducted, or intended to be conducted, the main or principal use of the lot on which said building is situated. In any residential district, any dwelling shall be deemed to be a principal building on lot on which the same is located.
Any commercial venture designed to generate income.
A small shelter intended only for use as a bathhouse for the changing of clothing and incidental storage of swimming supplies, on either lakefront property or in conjunction with a private swimming pool, permitted only as an accessory building and under no circumstances used or intended to be used as a dwelling unit.
A building designed for or intended to be occupied for seasonal occupancy and not suitable for year-round living; season dwellings used on a seasonal basis for vacation, summer homes, hunting lodges, or similar purposes.
A parcel of land used or intended to be used, let or rented for transient, vacation, and recreational occupancy by travel trailers, campers, tents, recreational vehicles, motor homes, and the motor vehicles propelling or carrying the same, but excluding mobile homes or manufactured housing designed for year-round occupancy or as a place of residence.
An establishment that is licensed by the New York State Office of Cannabis Management to allow for the consumption of cannabis products on the premises.
An establishment that is licensed by the New York State Office of Cannabis Management to sell or otherwise distribute cannabis products directly to consumers for use off the premises. A cannabis retail dispensary may be licensed to operate as an adult-use cannabis retail dispensary or a medical cannabis retail dispensary, or both. A "cannabis retail dispensary" does not include a "cannabis on-site consumption establishment."
A cannabis retail dispensary that sells or otherwise distributes cannabis products and related supplies to consumers in accordance with Article 4 of the New York Cannabis Law.
A cannabis retail dispensary that sells or otherwise distributes cannabis products and related supplies to registered practitioners, certified patients, or designated caregivers for medical use in accordance with Title 5-A of Article 33 of the New York Public Health Law and Article 3 of the New York Cannabis Law.
Any building or premises, or portion thereof, the use of which is devoted to the business of washing vehicles for a fee, whether by automated cleaning devices or otherwise.
A roofed structure without enclosed walls, used for the storage of one or more vehicles.
A story, partly underground and having more than 1/2 of its height, measured from floor to ceiling, below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories and floor area.
A tract of land for the disposal or burial of deceased human beings or remains in a grave, mausoleum, vault, columbarium, or other receptable. The provisions of this Zoning Law shall apply to all cemeteries and burial grounds including those owned by a religious corporation, municipal corporation, or a cemetery corporation owning a cemetery operated, supervised, or controlled by or in connection with a religious corporation.
A facility licensed by New York State whose principal use is providing care for six or more children who do not reside in the facility, are present primarily during daytime hours, and do not regularly stay overnight; and which may include some instruction. A child day care center does not include a family day care home or group family day care home as defined in New York State Social Services Law § 390.
Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.
See § 150-118.
Any vehicle in excess of 20 feet in length carrying a valid commercial New York State registration plate, which is used for the transportation of persons, animals, or goods, primarily for profit or carries a permanently affixed business identification sign exceeding one square foot in area, or any vehicle used for earthmoving or construction purposes.
Space reserved for use by any and all residents of a housing development, including, but not limited to, halls, stairways, and landings in apartment houses.
See "wireless telecommunications facility."
A retail establishment generally containing less than 2,500 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers. It is designed to attract a large volume of stop-and-go traffic. It is distinct from a "gas station mini-mart" as it does not include the sale of motor fuels dispensed from pumps and motor vehicle accessories and supplies.
The Planning Board of the County of Cayuga.
Land and buildings used for the production and sale of craft beverages, including offering tastings with or without an accessory restaurant use. Examples of craft beverage industries include breweries, cideries, distilleries, and wineries; and may include operations that are classified as either a "regular-," "farm-," "special-," or "micro-" based operation by the New York State Alcohol and Beverage Control Law.
The opening along a street at which point vehicles may enter or leave the roadway.
A horizontal platform projection from the main wall of a building without permanent covering.
Any change made to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining or other natural resource extraction, dredging, filling, grading, paving, excavation, or drilling operation, excluding normal maintenance to farm roads.
A structure extending out over the water that is built on floats, columns, open timber piles, or similar open-work supports in such a manner as to allow free flow of water beneath said structure. The term shall include structures that remain in place year-round as well as those which are in play only seasonally.
Any building or structure which is not part of a larger restaurant and where alcoholic beverages are sold for on-site consumption. This includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.
The outermost edge of a roof, including eaves, overhangs, and gutters.
A roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a driveway.
The portion of a driveway that is located within a public right-of-way and which abuts a public street or alley.
A house, apartment building, or other permanent building designed or used primarily for human habitation. A dwelling shall not be deemed to include a hotel, motel, or bed-and-breakfast.
One room or rooms connected together for owner occupancy or rental or lease on a monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities, designed for occupancy by one family.
A building arranged for and containing one dwelling unit.
A building arranged for and containing two dwelling units.
A building arranged for and containing more than two dwelling units.
A legal interest in land, granted by the owner to another party, which allows that party the use of all or a portion of the owner's land, generally for a stated purpose including but not limited to access or placement of utilities.
An institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools, and similar facilities.
A multiple dwelling unit in which the sleeping area and living room are one.
Erection, construction, alteration, operation, or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, and/or pumping stations and similar facilities; but shall not include telecommunications towers, power, stations, or similar structures. Such facilities shall be included within the definition of "public utilities."
An establishment which is rented by individuals or groups to accommodate private functions including, but not limited to, anniversaries, banquets, birthdays, weddings, and other similar celebrations, which may take place in tents, gazebos, barns, open areas, or residential structures (including buildings). Such a use may or may not include: 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and 3) outdoor gardens or reception facilities.
One or more persons living, sleeping, cooking, and eating on the same premises as a single housekeeping unit.
See "agriculture."
Any building used for the housing of agricultural equipment, produce, livestock or poultry, or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operating of the farm as defined herein.
A structure or vehicle in which the principal use is the seasonal display and sale of agricultural and value-added products; and may also involve the accessory sales of home-made handicrafts.
Dwelling units, including mobile homes, for use by full-time, temporary, or permanent employees, maintained exclusively for the occupancy of farm employees and their families in connection with any farm work or place where farm work is being performed and the premises upon which they are situated.
Agricultural land consisting of highly productive soils as identified by the United States Department of Agricultural, Natural Resources Conservation Service (USDA-NRCS) as land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is available for these uses. Soil productivity is based on several criteria related to their properties including temperature, moisture regime, erodibility, pH, water table, permeability, rock fragment content, and others as described in the National Soil Survey Handbook. Generally, Soil Groups 1 through 4 are considered prime.
Land that meet the criteria for prime farmland except for depth due to seasonal high water table, but are suitable for drainage.
Agricultural land that does not meet all the criteria for classification as USDA prime farmland but contains good to optimal soils for crop production and is recognized by New York State Department of Agriculture and Markets as having importance for the production of food, feed, fiber, forage, and oil seed crops.
A structure of wood, masonry, wire mesh, or other material, including, but not limited to, hedge and other living materials, which prohibits or inhibits unrestricted travel or view between properties or portions of properties, or between the street or public right-of-way and a property.
The vertical distance measured from the ground to the top of the fence panel or obstructing material at any given point along the length of the fence, excluding ornamental projections or posts at no closer than five-foot intervals.
An approved lot generally in the shape of a flag and flagpole which is comprised of the flagpole portion, a strip of land that abuts the public street, has less than the minimum required roadway frontage for lots in the district in which it is located, and which provides access to the interior portion of the lot referred to as the "flag" which meets or exceeds the minimum lot size and area requirements for lots in such zoning district. The flagpole access portion of such lots shall not be considered buildable and shall not be used in calculating the lot size and area for purposes of satisfying the minimum lot and area requirements of the district in which the lot is located.
The sum of the gross horizontal areas of the floor(s) including the basement(s) of a building or buildings, measures from the outside faces of exterior walls or from the centerline of walls separating two uses. Gross floor area does not include cellars, unenclosed porches, and attics not intended for human occupancy.
The sum of the gross horizontal areas of the floor(s) of a building which are enclosed and usable for human occupancy or the conduct of business, as defined in the Codes of New York.
Any place which receives food or food products for the purpose of processing or otherwise adding to the value of the product for commercial sale. It includes, but is not limited to, bakeries, beverage plants, food manufactories, and processing plants. However, the term does not include those establishments that process or manufacture food or food products that are sold exclusively at retail for consumption on the premises; those operations which cut meat and sell such meat at retail on the premises; or service food establishments, including vending machine commissaries.
A contiguous community of trees sufficiently uniform in composition, structure, age, and condition and managed as a unit.
For lots that do not abut Owasco Lake, the distance between the side lot lines measures at the street rights-of-way.
For properties that abut Owasco Lake, the straight-line distance between the side lot lines measured at the high watermark. For purposes of this chapter, lots that abut the Owasco Lake outlet shall not be considered abutting Owasco Lake nor having lakefront frontage.
A building or part thereof used for human funeral services. Such building may contain space and facilities for 1) embalming and the performance of other services used in the preparation of the deceased for burial; 2) the storage of caskets, funeral urns, and other related funeral supplies; 3) the storage of funeral vehicles; and 4) facilities for cremation.
An accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot upon which it is erected, with no provision for repairing or servicing such vehicles for profit. A garage cannot serve as the principal use on any lot.
A lot, including the structures thereon or parts thereof, that is used for the sale of motor fuels dispensed from pumps and motor vehicle accessories and supplies. Permitted accessory uses may include car wash facilities and/or the retail sale of convenience items, including but not limited to snacks and beverages, and minor automotive supplies or liquids, provided such accessory uses are located indoors. Motor vehicle body work, major structural repair, or painting by any means are not considered permitted accessory uses.
A facility associated with the sale of motor fuels dispensed from pumps that also offers for sale prepackaged and/or limited-service food items and tangible consumer goods.
The sensation produced by a bright light source, or reflection thereof, within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
A building in which the roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.
An operation for the cultivating, harvesting, and sale of plants, bushes, trees, and other nursery items grown on site or established in the ground prior to sale, and for related accessory sales and uses.
A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition, including but not limited to a general hospital, diagnostic center, treatment center, rehabilitation center, extended care center, nursing home, intermediate care facility, outpatient laboratory, or central services facility serving one or more such institutions.
A home occupation is an activity that is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit, for profit, conducted by a person or persons residing on the premises. The home occupation must be clearly incidental and secondary to the use of the dwelling for residential purposes. In particular, a home occupation includes the following or similar uses: accountant, billing service, or bookkeeper; answering service; architect or engineer; artist or graphic designer studio; author or writer; beauty or barber shop; business support service; chiropractor or massage therapist; consultant service; dressmaking or tailor shop; financial planner; foundation or not-for-profit (educational/philanthropic/research); handcrafts shop; lawyer; mailing service; management consultant; photographer; software engineer or developer; taxidermy; tutor and/or educational services (of not more than four pupils simultaneously); web designer; or word processing service. The following uses are not considered to be home occupations: motor vehicle repair shop, motor vehicle sales/rentals, or motor vehicle detailing shop; monument or stone cutting sales and services; shooting rangers using either guns or archery equipment; or welding services.
A seasonal or semi-permanent structure with structural members that are made of flexible and somewhat rigid construction materials, typically PVC pipe or similar material. The ends may be covered or left open and the material covering the structural members is readily removable and is typically removed an reaffixed frequently. Also known as a "high tunnel" or a "low tunnel."
Any building containing six or more guest rooms which are used, rented, or hired for sleeping purposes by transient guests and with access to units primarily from interior lobbies, courts, or halls.
Any roofed or other solid structure or material covering the ground through which water does not readily penetrate, including but not limited to concrete, oil and stone, tar or asphalt pavement, brick, plastic, or compacted gravel. A deck with spaced boards at least 1/8 inches apart, a roof eave, decorative stones, a patio or walkway with a permeable paving system, or any other man-made surface or structure which permits precipitation to flow through it shall not be considered impervious.
A business use or activity at a scale greater than home industry involving assembling, fabrication, finishing, manufacturing, packing, processing, warehousing, and/or storage.
Uses engaged in the manufacture or other enterprises with significant external effects, or which pose significant risks due to the involvement of hazardous materials or commonly recognized offensive conditions.
Uses engaged in the manufacture, predominantly from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution of such products that have limited external effects. Further, "light industrial" shall mean uses such as the manufacture of electronic instruments, pharmaceutical manufacturing, research and scientific laboratories, food processing establishments, or similar uses. "Light Industrial" shall not include uses such as mining and natural resource extraction industries, petrochemical industries, rubber refining, primary metal, or related industries.
Uses engaged in the manufacture or other enterprises that produce moderate external effects such as smoke, noise, soot, dirt, vibration, or odor.
Any lot or premises on which the commercial breeding, raising, boarding, or selling of animals customarily considered domestic pets occurs.
Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles.
A parcel of land used or set aside and available for use as the site of one or more buildings and accessory buildings thereto or for any other purpose and not divided by a street nor including any land within the right-of-way of a public or private street upon which said lot abuts even if the ownership to such way is with the owner of the lot. A lot for the purpose of this chapter may or may not coincide with a lot of record.
The total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way.
A parcel of land at the junction of and fronting on two or more intersecting streets.
An interior lot having frontage on two parallel or approximately parallel streets.
Any lot that abuts Owasco Lake. For purposes of this definition, lots that abut the Owasco Lake Outlet shall not be considered lakefront lots.
For lots that do not abut Owasco Lake, the mean distance from the right-of-way line of the street to the rear lot line measured in the general direction of the side lines of the lot. For lakefront lots, the mean distance from the lakeshore.
Any boundary line of a lot.
For lots that do not abut Owasco Lake, the line or lines separating the lot from a street right-of-way shall be the front lot line. For lakefront lots, the line or lines separating the lot from the Owasco Lake shoreline shall be the front lot line.
The lot line opposite and most distant from the front lot line.
Any lot line other than a front or rear lot line.
A parcel of land recorded with the County Clerk and assigned a unique tax parcel identification number at the time of adoption of this chapter.
The width of the lot between side lot lines at the front building line as prescribed by the front yard and setback regulations.
A factory-manufactured home built on a permanent steel-framed chassis in accordance with Federal Department of Housing and Urban Development (HUD) standards and designed to be transported to a site in one or more sections, and intended to be used as permanent living quarters by a single-family unit when connected to the required plumbing, heating, and electrical utilities. For the purposes of this Code, the removal of transport wheels and/or anchoring of the home to a permanent foundation shall not remove it from this definition. The term shall include double-wide manufactured homes. The definition of manufactured home shall not include modular home.
Any site, lot, field, plot, parcel, or tract of land on which two or more or group of manufactured homes are parked or located and are occupied or intended for occupancy on the premises, and for which either the said premises or manufactured home is offered to the public whether or not a fee of any type, including cost sharing, is charged. This includes the rental of the premises and/or the manufactured home(s).
A facility constructed as an accessory use to an animal husbandry use, riding stable, or kennel, intended to collect, hold, process, store, treat, or distribute animal solid and liquid waste. Included within this definition are storage tanks, lagoons, seepage pits, drains, and collection systems intended to handle animal waste. Not included within this definition are systems designed and constructed to handle human waste.
A waterfront facility having docks, moorings, supplies, and other facilities for small boats, which may include the sale or rental of boats, and maintenance thereof.
A building combining two or more different uses which are permitted in the zoning district in which the building is located.
A structure designed for residential occupancy and constructed by a method or system of construction whereby the structure or its components are wholly, or in substantial part, manufactured in manufacturing facilities, intended or designed for assembly and permanent installation. The definition of modular home shall not include manufactured home.
A building or group of buildings, whether detached or in connected units, in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit. A restaurant, tearoom, or similar establishment located on the same premises as a motel shall be considered as an accessory use. The term "motel" includes facilities designated as "tourist courts," "motor lodges," and similar uses.
Any vehicle propelled by an internal combustion motor or engine, including, but not limited to, automobiles, motorcycles, snowmobiles, all-terrain vehicles, garden and lawn tractors, trucks, trailers, or boats.
A facility which provides automobile-related services such as applying paint protectors, interior and exterior cleaning and polishing as well as installation of after-market accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items.
A lot, including structures thereon or parts thereof, that is used for engine repair, body work, frame straightening, painting, upholstering, steam cleaning, electric work, tune-ups, and all other vehicle repair services.
Any building, land area, or other premises used for the display or sale of new or used motor vehicles, but not including any repair work other than warranty and other repair service conducted as an accessory use on such premises. Also includes facilities which provide for the storage and rental of motor vehicles on a regular basis by the general public. Typical uses include automotive dealership and auto rental agencies. No fuel sales shall be part of such an establishment.
The extraction or removal of minerals, including solids, such as sand, shale, soil, gravel, coal, and ores; liquids, such as crude petroleum; and gases, such as natural gases from the ground or the breaking of the surface soil, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity. This term shall not include excavation or grading when conducted for farm improvement including tilling of soil for planting or harvesting crops; or the incorporation of manure or other fertilizers into the soil for agricultural purposes.
The atmosphere or physical environment which is created by the combination of land use and buildings within an area. Neighborhood character is established and influenced by land use types.
General or specialty commercial uses which furnish limited convenience goods and services, are considered small-scale and scattered, and are compatible with surrounding neighborhoods. Examples include but are not limited to child daycare facility, convenience store, drug store, financial institution, funeral home, hair salon, office, pet grooming, limited-seating restaurant (not including drive-thru facilities), and small retail business establishment.
A structure or lot that does not conform to a dimensional regulation prescribed by this chapter or the regulations for signs, off-street parking, off-street loading, or accessory buildings, but which structure or lot was in existence at the effective date of this chapter and was lawful at the time it was established.
A use of a building or lot that does not conform to a use regulation prescribed by this chapter but which was in existence at the effective date of this chapter and was lawful at the time it was established.
The office of a member of a recognized profession maintained for the conduct of business. Recognized professions include but are not limited to the following categories: accountant; architect; attorney; insurance; personal health services, such as physician, dentist, optometrist, clinic for outpatients; realtor; or writer.
That part of the lot area that is not used for structure, parking, or service. Open space may be retained for use as active or passive recreation areas, resource protection, buffer area, viewshed preservation, and/or other amenity in an essentially undeveloped state.
An unenclosed area used for temporary or seasonal storage of vehicles, materials, building supplies, stock, or supplies for later use in conjunction with a permitted principal use, accessory use, or special permitted use.
An area of land defined by a tax map parcel identification number or by metes and bounds.
Outdoor recreation facilities or other entertainment facilities operated as a nonprofit enterprise by the Town of Owasco, any other governmental entity, or any nonprofit organization and open to the general public.
Outdoor recreation facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.
Space available for the parking of one motor vehicle and having an area of not less than 200 square feet (10 feet by 20 feet), exclusive of passageways and driveways providing access thereto.
An off-street area with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.
A wall on an interior lot line used or adapted for joint services between two buildings or structures.
A level, surfaced area directly adjacent to a principal structure at or within three feet of the finished grade, without a permanent roof, intending for outdoor lounging, dining, and the like.
Designed, constructed, and intended to last, remain, or be used indefinitely.
A document issued by the Code Enforcement Officer allowing a person to begin an activity provided for in this chapter.
A permit issued pursuant to the Codes of New York State (see "Building Code") by the Code Enforcement Officer authorizing the construction of structures.
The written approval of the Code Enforcement Officer certifying that a newly constructed structure, addition to an existing structure, or existing structure undergoing a change in use, is in full compliance with the provisions of this chapter and that such structure is habitable and in conformance with the applicable sections of the NYS Uniform Fire Prevention and Building Code. Also referred to as a "certificate of occupancy."
A statement, signed by the Code Enforcement Officer, setting forth that a building, structure, or use complies with this chapter and the NYS Uniform Fire Prevention and Building Code and that the same may be used for the purposes stated on the permit.
A land use listed in the zoning district regulations that does not require action by the Planning Board or by the Zoning Board of Appeals before a zoning permit is issued by the Code Enforcement Officer.
A structure extending out into the water and built upon fill material.
An independent, freestanding zoning district where a particular set of land use, dimensional regulations, and other zoning requirements may be authorized by the Town Board of Owasco in order to permit a development project of 10 acres of more that is planned and developed as a cohesive, self-contained unit. Planned development districts allow for flexibility of land use and land use intensity, and may provide a path to approval for projects that help to achieve the goals of the Town of Owasco Comprehensive Plan, but may not be permitted otherwise under this chapter.
A permanent or temporary body of still water, either naturally or artificially formed.
Any artificially constructed body of water in which the use is to enhance the agricultural process, or for fire protection, or conservation of water supply.
A stormwater holding area, either natural or manmade, for purposes of flooding or drainage control, which does not have an outlet to adjoining watercourses or wetlands other than an emergency spillway.
A permanently covered by unenclosed projection from the main all of a building that may or may not use columns or other ground supports for structural purposes.
A portable, weather-resistant receptacle, designed and used for the storage or shipment of household goods, wares, building materials, or merchandise. This term shall not include roll-off containers or storage containers having storage capacity of less than 150 cubic feet (e.g., of roll-off container: city yard waste and debris container or open/unclosed containers).
A building in which is conducted the main or principal use of the lot on which said building is located.
The main or primary purpose for which a building, structure, or lot is to be used.
This definition is intended to include, but not be limited to, any one or more of the following uses, including grounds and accessory buildings necessary for their use:
Cemeteries and associated uses;
Churches, places of worship, parish houses, and convents;
Public or semipublic parks, playgrounds, and recreational areas when authorized or operated by a governmental authority, school, or religious institution;
Nursery schools, elementary schools, high schools, colleges, and universities;
Public libraries and museums;
Not-for-profit fire, ambulance, and public safety buildings;
Administrative office buildings and related facilities operated by public agencies;
Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, assisted living facilities, as defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York;
Not-for-profit membership corporation or club established for cultural, social, or recreational purposes;
Day-care centers approved by the New York Department of Social Services.
A land use characterized by the retail rental of storage space or units for holding personal or business items with direct customer access to the storage space. Examples include: mini warehouse, public storage, or self-storage facilities. The use excludes temporary or portable units, such as "PODS," tractor trailers, or storage trailers (with or without wheels).
Services provided by public and private utilities, necessary for the exercise of the principal use or services of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants; but not including buildings used or intended to be used for human habitation. This term does not include solar energy systems or wind energy systems which are defined elsewhere in this chapter.
Land developed by a private sponsor with facilities for passive recreation (e.g., trails and picnic areas), and/or with facilities for active outdoor individual or organized recreation (e.g., ball fields, tennis courts, swimming pools, ski trails, and ice-skating areas). This definition does not include arenas, stadia, or other facilities for the accommodation of more than 200 spectators, campgrounds, racetracks, or other facilities featuring activities involving motorized vehicles.
A vehicle type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic types are:
A vehicular unit built on a self-propelled motor vehicle chassis.
A portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
A portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and six inches, excluding awnings, and a body length of no more than 40 feet when factory-equipped for the road.
A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck Campers are of two basic types:
A portable unit designed to be affixed to a truck chassis.
A portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
A recreational vehicle park (RV park) is a place where people with recreational vehicles can stay overnight, or longer, in allotted spaces known as "sites." A recreational vehicle park must have more than two RV sites.
A building used as a church, place of worship, or religious assembly, with or without related accessory buildings or uses such as the following in any combination: rectory or convent, private school, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, cemetery, or where persons regularly assemble for religious purposes and related social events, which is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
The conversion of the use of a building from nonresidential to residential use or the structural alteration of an existing residential structure to increase the number of residential units in the structure.
A building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public for consumption on the premises.
A place of business devoted in whole or in part to the sale, rental, or servicing of goods or commodities which are normally delivered or provided on the premises to a consumer. Typical categories of goods and services provided by retail business establishments include, but are not limited to, artist and hobby supplies, auto supply stores, books, clothing and clothing accessories, food and liquor, flowers, furniture sales, garden supplies, gifts, hardware and paint, household goods and appliances, newspapers and stationery, pharmacy and medical supplies, sporting goods, and variety goods. The limited production of such goods, which are primarily intended for retail sale on the premises, shall be permitted provided that such production is a necessary adjunct of the retail establishment.
A wall or terraced combination of walls built to retain or restrain lateral forces of soil and other materials and not used to support, provide a foundation for, or provide a wall for a building or structure.
A horse stable used for the purposes of renting horses or ponies for rides, riding lessons, or for training of horses for specific purposes.
An area of land acquired by dedication or condemnation and intended for use as a public way to accommodate a transportation system. In addition to the roadway, a right-of-way normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities; and may also accommodate necessary public utility infrastructure (including but not limited to water lines, sewer lines, power lines, and gas lines). In no case shall a right-of-way be construed to mean an easement.
Abbreviation for State Environmental Quality Review, the process that reviewing boards must conduct, pursuant to Part 617 of the New York Codes, Rules, and Regulations, to determine whether proposed actions may have a significant adverse environmental impact and, if they do, to study these impacts and identify alternatives and mitigate conditions to protect the environment to the maximum extent possible.
A decision made by the lead agency at one or more points in the state environmental quality review process. The decision establishes the degree to which the proposed project or action is likely to adversely impact the environment.
A form completed by an applicant to assist an agency in determining environmental significance of a proposed action. A properly completed EAF must contain enough information to describe the proposed action, its location, purpose, and potential impacts on the environment.
A document prepared by the lead agency that outlines the potential adverse impacts of a proposed project or action after a positive declaration has been made. The EIS is used to analyze reasonable alternatives to the proposed action and to identify way to avoid or reduce the adverse impacts.
An agency that has jurisdiction by law to fund, approve, or directly undertake a project or action. If an agency will ultimately make a discretionary decision to fund, approve, or undertake a project or action, the it is an involved agency notwithstanding that it has not received an application for funding or approval at the time the SEQR process is commenced.
An agency that lacks the jurisdiction to fund, approve, or directly undertake a project or action but wishes to participate in the review process because of its specific expertise or concern about the proposed project or action.
The involved agency principally responsible for undertaking, funding, or approving a project or action, and therefore responsible for determining whether an EIS is required in connection with the action, and for the preparation and filing of the statement if one is required.
A decision made by the lead agency that a proposed project or action will not have a significant adverse impact on the environment.
A decision made by the lead agency that a proposed project or action has the potential to adversely impact the environment. If a positive declaration is made, an Environmental Impact Statement (EIS) must be prepared for public review.
Abbreviation for the State Environmental Quality Review Act adopted by New York State and administered by the New York State Department of Environmental Conservation (NYS DEC). This State Act requires local legislators and land use agencies to consider, avoid, and mitigate significant environmental impacts of the projects that they approve, the plans or regulations that they adopt, and the projects that they fund and/or undertake directly.
The least required horizontal distance between a lot line and any structure on the lot measured at the shortest point, including terraces, porches, or any covered projection thereof, but excluding steps and ramps. All measurements shall be made at right angles to or radially from the lot lines to the building lines. For lots that do not abut Owasco Lake, setbacks from street lines to building lines are defined as "front setbacks" and for lakefront lots, setbacks from the lakeshore to the building lines are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks" (see also "yard" and Figure 2.01, Yard and Setback Diagram).
A shopping center is comprised of a group or groups of integrated structures designed as an architectural unit within which retail trade and related service activities shall wholly be conducted in an enclosed building; planned, developed, owned, and managed as a unit with off-street parking, landscaped areas, and pedestrian malls or plazas provided on the property as an integral part of the unit.
An accommodation for transient guests where, in exchange for compensation, a residential dwelling is rented for lodging for a period of time not to exceed 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types and shall not include hotel, motels, bed-and-breakfasts, or inns.
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.
See § 150-113.
A lot or group of contiguous lots not divided by any alley, street, other right-of-way, or the Town boundary line that is proposed for development in accordance with the provisions of this chapter, and is in a single ownership or has multiple owners, all of whom join in an application for development.
A plan of a lot on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the Planning Board.
Authority delegated to the Planning Board by the Town Board of Owasco, which enables the Planning Board to approve, approve with conditions, or disapprove the site development plans for all buildings or uses where site plan review is required (see Article V).
The first step in the site plan review process, sometimes referred to as a concept plan. "Sketch plans" shall be provided and reviewed in accordance with the requirements in Article V of this chapter.
In multifamily dwellings, commercial, industrial, and other nonresidential developments, the exterior location designated for garbage and recyclables collection by the Town's contractor or other authorized haulers.
A facility for the purpose of treating, burning, compacting, composting, storing, or disposing of solid waste. This definition is inclusive of "solid waste transfer stations" but is not inclusive of "solid waste collection points."
A "solid waste facility" at which solid waste collected from any source is temporarily deposited to await transportation to another solid waste facility.
A use which, because of its unique characteristics, required special consideration on a case-by-case basis by the Planning Board to ensure that the proposed use is in harmony with the purpose and intent of the zoning district in which it is proposed; is subject to and will meet certain prescribed criteria and standards along with any others required by the Planning Board; and will not adversely affect the neighborhoods if such requirements are met (see Article VI).
The safekeeping of materials, property, or vehicles or equipment not in service. Storage areas shall not incorporate any other areas of project development such as parking areas, landscaping, and yard areas unless specifically authorized by the applicable land use regulations. Storage shall not be allowed as a principal use of a lot except in connection with warehousing or wholesale distribution as defined and regulated in this chapter.
See § 150-118.
A combination of materials assembled, constructed, or erected at a fixed location on or in the ground or attached to something having location on the ground to form a construction that is safe and stable. This term includes but is not limited to billboards, buildings, decks, platforms, portable storage containers, and sheds. This term is exclusive of bird houses, boundary walls, fences, mailboxes, and lampposts.
See § 150-118.
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the assessed value of the structure either before the improvements or repair is started, or if the structure has been damaged and is being restored, before the damage occurred.
Any body of water or receptable for water having a depth of 24 inches or more at any point, used or capable to be used for swimming, bathing, or wading, which is temporarily or permanently installed or constructed, either above or below ground. This term is exclusive of natural bodies of water such as lakes and creeks and man-made bodies of water not intended for human entry such as farm ponds and quarries.
An activity or use conducted for a specified limited period of time, which may not otherwise by permitted by the provisions of this chapter not exceeding six months. This term shall include those uses incidental to construction projects, festival tents/refreshment stands, temporary real estate sales offices incidental to a subdivision project, and similar type uses.
An outdoor or indoor area, building, part of a building, structure, or defined area utilized primarily for showing motion pictures, or for dramatic, dance, musical, or other live performances and may also include food or beverage services as an accessory use.
The cutting and delivering of trees on a parcel of land for commercial use. It includes the conversion of trees into merchantable raw material.
An independent single-family dwelling unit which is one of a series of dwelling units, having a common "party wall" between each adjacent unit, each with private outside entrance.
The area within the tree harvesting operation where trees and logs are gathered and sorted for further processing and transport to a mill or log yard facility.
A restriction on a property determined to be so unreasonable that it results in an arbitrary and capricious interference with basic property rights. Hardship relates to the physical characteristics of the property, not the personal characteristics of the owner or user, and the property is thereby rendered unusable without the granting of a variance. For a use variance, in accordance with New York State Town Law § 267-b(2)(b), the applicant must prove to the Zoning Board of Appeals that an unnecessary hardship exists for each of the four criteria listed in said law and provided in § 150-137E(1)(c) of this chapter.
The specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained (see also "accessory" and "principal use").
Any departure from the strict letter of these regulations granted by the Zoning Board of Appeals as it applies to a particular piece of property. Variances run with the land and are not particular to any one landowner.
In accordance with New York State Town Law § 267(1)(b) an "area variance shall mean 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."
In accordance with New York State Town Law § 267(1)(a) a "use variance shall mean 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."
A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive. This use includes facilities with extensive warehousing, frequent heavy trucking activity, and/or open storage of material. This definition excludes public self-storage facilities.
A commercial activity characterized by the bulk storage, distribution, and/or sale of merchandise to other retail, manufacturing, construction contracting, institutional, or wholesale establishments. This use may include provision for related administrative offices, product showrooms, truck storage, and parking areas. It excludes facilities for the storage and distribution of petroleum, natural gas, or hazardous chemicals.
See § 150-77.
See § 150-88.
A section of woodland or forest capable of small-scale production of forest products such as, but not limited to, saw logs, pulpwood, firewood, maple syrup production, and Christmas trees.
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward which extends along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot or street line.
YARD, FRONT (Note: See also § 150-113 definitions of lot types) —
In the case of a lot that is not a lakefront lot and which abuts only one street, the front yard shall be the area that extends the full width of the lot between the street line and the principal structure.
In the case of a "through lot," the lot shall have two front yards which shall be the areas that extend the full width of the lot between the street lines and the principal building.
In the case of a "corner lot," the lot shall have two or more front yards which shall be the areas that extend the full width of the lot between the street lines and the principal building.
In the case of a "lakefront lot," the front yard shall be the area that extends the full width of the lot between the lakeshore and the principal building.
The area extending the full width of the lot between the rear lot line and the principal building. The rear yard for corner lots shall be the yard on the side of the principal building opposite the primary entryway.
The area between a side lot line and the principal building extending from the front yard to the rear yard.
150 Figure 2.01 Yard and Setback Diagram.tif