Zoneomics Logo
search icon

Owasco Town City Zoning Code

ARTICLE IV

Use Regulations

§ 150-11 Applicability of regulations.

Except as provided by law or in this article, in each district, no building, structure, or land shall be used or occupied except for the purposes permitted in § 150-15 and for the zoning districts so indicated.

§ 150-12 Uses by right, with conditions, or by special use permit, and uses not permitted.

A use listed in § 150-15 is permitted by right in any district denoted by the letter "P," after a zoning permit has been issued in accordance with Article XX.
A use listed in § 150-15 is permitted with conditions in any district denoted by the letter "C," subject to such conditions as specified in § 150-16 and after a zoning permit has been issued in accordance with all other requirements of this chapter.
A use listed in § 150-15 may be permitted by special use permit in any district denoted by the letters "SP," provided that the Planning Board authorizes the issuance of a zoning permit by the Code Enforcement Officer, subject to the requirements of Article VI and all other requirements of this chapter.
A use listed in § 150-15 is permitted as a Planned Development District denoted by the letters "PDD."
A use listed in § 150-15 may be permitted as a Solar Energy System Floating Overlay District denoted by the letters "FOD-S," provided that the Town Council issues approval of the zoning change request, subject to the requirements of Article X and all other requirements of this chapter.
A use listed in § 150-15 is not permitted in any district denoted by the letter "N."

§ 150-13 Applicability of other provisions.

Uses permitted by right, with conditions, or by special use permit shall be subject, in addition to the regulations of this article, to such regulations of yard, lot size, lot width, building area (see Article XIII), landscaping (see Article XIV), stormwater management and erosion and sediment control requirements (see Article XV), provisions for off-street parking and loading (see Article XVI), and to such other provisions as are specified in other articles hereof.

§ 150-14 Prohibited uses, except in Planned Development District.

Any uses not expressly stated in § 150-15 are prohibited in the Town of Owasco, except as provided in Article VIII, Planned Development Districts.

§ 150-15 Table of use regulations.

Key
P = Permitted by Right
C = Special Conditions
SP = Special Use Permit
PDD = Planned Development District
FOD-S = Solar Floating Overlay District
N = Not Permitted
*Site Plan Review Required
Principal Use
Districts
Applicable Subsections
AR
R
L1
Agricultural Uses
1.
Agriculture, tilling of soil
P
P
P
N/A
2.
Greenhouse, commercial
C
N
N
See § 150-17A for conditions
3.
Harboring of animals, keeping or raising of livestock, small animals, or poultry
C
N
N
See § 150-17B for conditions
Residential Uses
4.
Dwelling, single-family
P
P
P
N/A
5.
Dwelling, two-family
C
C
C
See § 150-17C for conditions
6.
Dwelling, conversion: one-family dwelling converted for occupancy by not more than two families
C
C
C
See § 150-17D for conditions
7.
Multifamily dwellings (more than two)
SP*
SP*
N
See § 150-37J for requirements and §§ 150-30 through 150-36 for special use permit regulations
8.
Mobile home parks
PDD
PDD
N
See § 150-56B for Planned Development District requirements
Institutional, Recreational, and Educational Uses
9.
Assisted living facility
SP*
SP*
SP*
See § 150-37B for requirements and §§ 150-30 through 150-36 for special use permit regulations
10.
Benevolent society club
SP*
SP*
SP*
See § 150-37C for requirements and §§ 150-30 through 150-36 for special use permit regulations
11.
Golf course/country club
PDD
PDD
N
See § 150-56D for Planned Development District requirements
12.
Cemetery
SP*
SP*
SP*
See §§ 150-30 through 150-36 for special use permit regulations
13.
Church, parish house, convent, and other housing for religious personnel
C
C
C
See § 150-17E for conditions
14.
Health care facility
SP*
SP*
N
See § 150-37C for requirements and §§ 150-30 through 150-36 for special use permit regulations
15.
Library
SP*
SP*
SP*
See §§ 150-30 through 150-36 for special use permit regulations
16.
Park or recreation area: outdoor, owned and operated by a not-for-profit organization
SP*
SP*
SP*
See § 150-37E for special use permit regulations
17.
Public building owned and operated by governmental unit
P
P
P
N/A
18.
Religious, sectarian and nonsectarian denominational, private, or public school
SP*
SP*
SP*
See § 150-37F for requirements and §§ 150-30 through 150-36 for special use permit regulations
19.
Riding academy and boarding stables
SP*
SP*
N
See § 150-37G for requirements and §§ 150-30 through 150-36 for special use permit regulations
Utilities and Communications Uses
20.
Fire station
P
P
P
N/A
21.
HAM electronic, receiving and transmitting equipment
C
C
C
See § 150-17F for conditions
22.
Transformer station, substation, pumping station, etc.
C
C
C
See § 150-17G for conditions
23.
Wireless telecommunications facility, commercial antenna, or relay station
SP*
SP*
SP*
See Article XII for telecommunications facility regulations
Energy Uses
24.
Solar energy system, building-mounted system, building-integrated system with energy capacity less than 25 kW (Tier 1)
P
P
P
See Article IX for solar energy system regulations
25.
Solar energy system, ground-mounted system with a total surface area of less than 2,000 square feet and energy capacity less than 25 kW (Tier 2A)
SP*
N
N
See Article IX for solar energy system regulations
26.
Solar energy system, on-farm system (Tier 2B)
SP*
N
N
See Article IX for solar energy system regulations
27.
Solar energy system, total surface area greater than 2,000 square feet or energy capacity greater than 25 kW, systems with a battery storage system (Tier 3)
FODS & SP*
FODS & SP*
N
See Article X for Solar Energy System Overlay District Regulations
28.
Very small wind energy conversion systems (WECS)
C
C
C
See Article XI for wind energy system regulations
29.
Small wind energy conversion system (WECS)
N
N
SP*
See Article XI for wind energy system regulations
Miscellaneous Uses
30.
Commercial kennels
C
N
N
See § 150-17H for conditions
31.
Natural resource extraction
PDD
PDD
N
See § 150-56F for Planned Development District requirements
32.
Intuitive reuse of a building that was built or designed for commercial use
SP*
SP*
N
See §§ 150-37H for requirements and §§ 150-30 through 150-36 for special use permit regulations
33.
Shopping centers
PDD
PDD
N
See § 150-56C for Planned Development District requirements
Accessory Uses
34.
Bed-and-breakfast inns
SP*
SP*
SP*
See §§ 150-37I for requirements and §§ 150-30 through 150-36 for special use permit regulations
35.
Short-term rentals
C
C
C
See § 150-17I for conditions
36.
Customary home occupation
C
C
C
See § 150-17J for conditions
37.
Drive-in stand
C
C
C
See § 150-17L for conditions
38.
Dwelling unit, accessory
SP*
SP*
SP*
See § 150-37K for requirements and §§ 150-30 through 150-36 for special use permit regulations
39.
Fences, walls, landscaping materials
P
P
P
See Article XIV for landscaping requirements and § 150-95 for traffic visibility requirements
40.
Hoophouse
P
N
N
N/A
41.
Off-street parking
P
P
P
See Article XVI for off-street parking and loading requirements
42.
Greenhouse
C
N
N
See § 150-17A for conditions
43.
Petting zoos
SP*
N
N
See §§ 150-30 through 150-36 for special use permit regulations
44.
Signs
P
P
P
See Article XVII for sign requirements
45.
Unattached accessory structures
C
C
C
See § 150-17L for conditions
NOTES:
1
See § 150-16 for additional Lakeshore District regulations.

§ 150-16 Additional Lakeshore District regulations.

In addition to the regulations of this article, all uses in the Lakeshore District shall be subject to the following conditions:
Docks built on floats, columns, open timber piles, or similar open-work supports are permitted as accessory structures, provided that they meet the requirements of the Army Corps of Engineers regulations, New York State Department of Environmental Conservation regulations, and any other applicable state and federal regulations.
All structures shall be in conformance with the requirements of the Federal Flood Insurance Program. For related provisions, see Chapter 78, Flood Damage Prevention of the Code of the Town of Owasco. (Note: Ch. 78, Flood Prevention Code, is on file in the Town offices.)
Lakeshore District development shall be subject to special provisions of § 150-136E, Applications in Flood Hazard Areas.

§ 150-17 Uses permitted with conditions.

Greenhouses, commercial.
All retail sales of commodities associated with a greenhouse shall be produced on the premises.
Harboring of animals.
The keeping of any poultry or fowl or any horses, cattle, hogs, sheep, goats, rabbits, or other fleece-bearing or fur-bearing animals or other animals on any parcel in the Town shall be prohibited except on operational farms located in the Agricultural-Residential District.
Keeping of horses.
Keeping of horses in the Residential District. A minimum of five acres of open space (pasture and corral space combined) shall be maintained and utilized exclusively for the harboring of horses thereon.
Maximum number of horses that may be kept:
Amount of Open Space Maintained Exclusively for Horses
Maximum Number of Horses Allowed
5 acres
3 horses
Each additional acre over 5
1 additional horse
Exemptions.
Beekeeping in the Agricultural/Residential District is exempt from the provisions of this article.
The prohibition against the harboring of rabbits and potbelly pigs in the Residential District shall not apply if such animals are kept as house pets and are boarded inside the residence overnight.
Dwelling, two-family.
The lot area per family shall not be less than the minimum lot required for the district in which such lot is situated.
Dwelling, conversion.
The lot area shall not be reduced thereby to less than that required for the district in which such lot is situated.
The yard, building area, and other applicable requirements for the district shall not be reduced thereby.
No structural alteration of the building exterior shall be made except as may be necessary for purposes of public safety.
Church, parish house, convent, and other housing for religious personnel.
Minimum lot size shall be three acres.
Maximum height of the principal building shall be 50 feet.
Maximum height of accessory buildings shall be 20 feet.
All buildings shall be not less than 100 feet from any lot line.
Completely detached buildings on the same lot shall not be less than 20 feet from one another.
HAM electronic, receiving, and transmitting equipment.
Such structure shall not be located in any front or side yard.
Such structure shall not be located closer than 30 feet to any rear lot line.
No such structure shall exceed a height of 20 feet.
Transformer station, substation, pumping station, etc.
Such public service structure shall be permitted only if it is essential to service such districts.
No public business office, storage yard, or any storage building shall be operated.
Commercial kennels.
Minimum lot size shall be five acres.
Structures that house the animals and the fenced areas that confine the animals shall not be closer than 150 feet to any lot line.
Said structures and fenced areas shall be screened from view from the adjoining properties by a fence or interlocking shrubbery of at least six feet in height.
Short-term rentals.
Rental of a residence of a portion of the residence, such as a secondary self-contained accessory apartment or a room contained in a residence is permitted for a maximum of 30 days total in any calendar year where the owner is not present in the residence.
A short-term rental may not be used by a total that exceeds two adults per bedroom.
Registration required. Prior to use of a residence or any part thereof for short-term rental, the owner of the residence must obtain a registration permit from the Town of Owasco. The registration permit must be renewed every two years.
Application. Prior to use of a residence or any part thereof for short-term rental, the owner shall complete an application registration form and submit it with a biannual registration permit of $100. The application shall include the following information:
Contact information. The applicant shall provide the owner's name, principal residence address, and telephone number. The applicant shall also provide the name, address, and phone number of an agent that is available locally in order to respond in a timely manner to complaints regarding the condition of the dwelling or the property at which the dwelling is located or regarding the conduct of the occupants of the residence.
Parking. Off-street parking shall be provided to accommodate the occupancy of the structure, one parking space for each bedroom in the dwelling. Vehicles shall not be parked on the front lawns.
Garbage removal. Property owners shall indicate the means by which garbage is removed from the property.
Maintenance. The applicant shall indicate the manner in which lawn maintenance, snow removal, and repairs to the dwelling unit shall be maintained during the permit period.
Customary home occupation.
The home occupation shall be carried on wholly indoors and within the principal building or within a building or other structure accessory thereto.
Signs.
There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted and subject to provisions and requirements of Article XVII.
No freestanding home occupation signs shall be permitted.
There shall be no exterior storage of materials.
No external alterations, additions, or changes to the structure shall be permitted in order to accommodate or facilitate the home occupation if such activity in any way alters the residential character of the building.
No articles shall be sold or offered for sale except such as may be produced on the premises or as may be transported in the owner's automobile.
No repetitive servicing by truck for supplies and materials shall be permitted.
The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than one employee.
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal structure, or 500 square feet, whichever is less.
Drive-in stand.
The stand may be in the front yard but shall not be within the public right-of-way.
The stand shall not be within 50 feet of any intersection.
Parking for vehicles shall be provided off the street pavement. See also § 150-96C, front yard exceptions to dimensional requirements. For parking requirements, see § 150-109.
Unattached accessory structures.
Accessory structures with less than 120 square feet of floor area shall not be located closer than five feet to the side or rear property lines.
Accessory structures with 120 square feet of floor area or more shall not be located closer than 10 feet from the side or rear property line.
Where a side o rear lot line is adjacent to a street, the distance from the accessory structure to the lot line shall be a minimum of 50 feet or, other provisions of this Code notwithstanding, the average of the distances from the lot lines to the accessory structure located on the lots next thereto on either side, but in no case shall the distance be less than 20 feet.
No accessory structure shall exceed 20 feet in height.
No accessory structure over three feet in height shall be located in a front yard except for pillars, pylons, or columns with lamps attached thereto for the purpose of illuminating and/or marking the entrance of a driveway provided that:
The footprint of said pillar, pylons, or column shall not exceed four square feet in area;
The height, excluding the lamp, shall not exceed four feet;
The structure shall not be located within a public right-of-way or in a location so as to obstruct or interfere with the line of sight for drivers of motor vehicles using the driveway of the parcel, the driveways of adjacent lots, or the public street, and;
The lamp shall not create a hazardous glare that would prevent the safe operation of motor vehicles along the adjoining street.