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MapLink™ | Definitions

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ABUTTING
Land having a common property line or district boundary line or separated only by a private street, alley or easement.
ACRE
To calculate lot area herein, an acre consists of 43,560 contiguous square feet.
ADEQUATE
That which is barely sufficient or suitable; as much as necessary, average or fair.
ADJOINING LAND USE
Any use of land immediately next to, or contiguous with, any existing or proposed use of land permitted as of right or by special permit, in any zoning district established herein.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE
A commercial establishment which offers for sale or rental for any form of consideration any one or more of the following on 35% or more of its sales floor:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or anatomical areas and still be categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity;
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown to six or more patrons, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADVERTISING
Any announcement, description or presentation calling public attention to goods or services offered for sale.
AGRICULTURAL PRODUCTS
Crops, livestock and livestock products as generally set forth in § 301, Subdivision 2, 301(2) of the New York Agriculture and Markets Law.
AGRICULTURAL USE
Management of land for agriculture; truck gardens; horticulture; or orchards, including the sale of products grown directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. The raising of cows, horses, pigs, poultry and/or other livestock is prohibited.
AGRICULTURALLY RELATED PRODUCTS
Nonagricultural products typically sold at a farm market to attract customers and promote the sale of agricultural products. Such items include but are not limited to all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, clothing and other items promoting the farm enterprise operating the farm market and agriculture in New York.
AIRPORT
Landing fields, aircraft parking and service facilities, passenger and baggage terminals, and related facilities for operation, service, fueling, repair, storage, charter, sales and rental of aircraft, operated by an airport authority or governmental entity.
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ALLEY
A narrow service way providing a secondary means of access to abutting properties.
ALTERATION
A change or rearrangement in the structural or nonstructural parts of a building or structure or an enlargement other than repairs and modification in building equipment.
AMUSEMENT ARCADE
Any public place of amusement or public place of business in which five or more mechanical amusement devices are installed, and includes any place open to the public, whether or not the primary use of the premises is devoted to the operation of such amusement devices.
ANIMAL HOSPITAL
An establishment where a full range of medical services are provided to small and/or large animals by one or more veterinary doctor and staff. This use shall be deemed to include, as necessary for treatment or observation, overnight animal boarding for not more than five animals.
ANIMAL SHELTER
A lot and/or building or part thereof used for the care of lost, abandoned or neglected animals.
ANTIQUE SALES
Retail sales of relics or objects generally 50 years of age or older.
APPLICANT
Any person who shall submit an application, permit, plans or related information for approval pursuant to this chapter.
ARCHITECT
A person licensed and registered as an architect by the State of New York or who has been issued a limited permit to practice architecture in the State of New York.
ART GALLERY AND STUDIO
A place where art such as paintings, sculptures or other works are created, exhibited or sold.
ATTIC
That space of a building which is immediately below and wholly or partly within the roof framing. An attic with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
AUTO WRECKING
The dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
AUTO WRECKING YARD
A facility including buildings and land area where auto wrecking occurs.
AUTOMOTIVE BODY WORK
Repairs that produce relatively high levels of noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles: auto body customizing; sun roof installation; auto body sheet metal, fiberglass or plastic repair, replacement, prepping or painting; auto body or frame media blasting; chassis and frame cleaning, fabrication, straightening or welding; transmission repair and replacement; any other types of automotive work not included in the definition of "automotive repair."
AUTOMOTIVE REPAIR
Repairs and servicing that produce relatively low levels of noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles: air conditioning, starting and charging service; brake repair and replacement; engine oil changes, fluids replacement; exhaust system repair and replacement; automotive electrical work, including audio sound system installation; shock absorber, spring, and strut replacement; upholstery work; tire balancing and tire installation; wheel alignment; windshield and glass installation; transmission repair and replacement; tune-ups, diagnostics; spark plug replacement, emission control service; and other repairs of a similar nature.
AUTOMOTIVE SALES
Any area of land, including structures thereon, that is used for the retail sale, lease or rental of motor vehicles and accessories and which may or may not include facilities for lubrication, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means.
AUTOMOTIVE WASH/CAR WASH
A structure or building designed for washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be an automotive wash where such use is an accessory service to the principal service of the station.
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AWNING
A shelter, projecting over a property, supported entirely from the exterior wall of a building and comprising a collapsible frame covered completely with lightweight, non-rigid material.
BAKERY, WHOLESALE
A facility that produces baked goods, primarily for sale off premises.
BANK
A building or structure utilized for the direct transactional services to the public, including the maintenance of checking and saving accounts, certificates of deposit, etc., and the providing of related incidental financial services associated with a bank.
BANNER
An advertising sign made of fabric or paper.
BAR or LOUNGE
A retail establishment offering alcoholic beverages for consumption where the majority of its gross sales income comes from the sale of alcoholic beverages rather than food and food items.
BARBERSHOP, BEAUTY SHOP AND TANNING SALONS OR BOOTHS
A building or structure utilized for the shaving, cutting, styling or treating of hair, including, as incidental uses, additional related cosmetic and/or beauty services, such as manicures, pedicures, facials and the retail sale of cosmetic products. This definition shall include tanning salons or booths.
BASEMENT
A story partly below finished grade. A basement shall be counted as one story in determining the permissible number of stories if at least 1/2 of its height, measured from floor to ceiling, is above finished grade.
BEDROOM
A room within a dwelling primarily designed for sleeping purposes.
BILLBOARD
A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is located.
BOARDINGHOUSE
A private dwelling in which at least three but not more than six rooms are offered for rent, where table board is furnished only to roomers, and no transients are accommodated. A rooming house or a furnished rooming house shall be deemed a boardinghouse.
BOATHOUSE
A building which has direct access to a body of navigable water, is used for the storage of boats or vessels and associated equipment and does not have bathroom or kitchen facilities and is not designed or used for lodging or residency.
BODY PIERCING
The creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration.
BODY PIERCING STUDIO
A facility in which body piercing is performed.
BOTTLE REDEMPTION CENTER
A business primarily engaged in the exchange of returnable beverage containers, such as bottles and cans, and which separates, sorts, stores or processes such containers for shipment for eventual use in new products. This definition excludes businesses where the exchange of returnable beverage containers is incidental to the primary purpose of the business.
BREW PUB
An eating and drinking establishment where beer is brewed on the premises for on-site consumption. The brewing and retail sale of such beverages is accessory to the eating and drinking establishment. The definition of a "brew pub" excludes restaurants and bars or lounges.
BROADCASTING FACILITIES
A place where radio, television or movies are produced or broadcast.
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BUFFER AREA
An area reserved for plantings, fencing or other similar screening devices for the purpose of creating a transitional area wherein adjoining uses do not detract from one another.
BUILDING
Any structure which is permanently affixed to the land, has one or more floors and a roof and is intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING AREA
Total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings exclusive of steps. All dimensions shall be measured between exterior faces of walls.
BUILDING FRONT LINE
Line parallel to the front lot line transecting that point in the building face which is closest to the front lot line. This face includes porches, whether enclosed or unenclosed, but does not include steps.
BUILDING HEIGHT
Vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the average height between eaves and ridge for other types of roofs.
BULK STORAGE
The storage of chemicals, petroleum products and other materials in above-ground containers for subsequent release to distributors or retail dealers or outlets. In addition, the definition includes all storage of more than 1,100 gallons, if the product is to be used on site and is not for resale.
BUSINESS
A lawfully-operating commercial entity that holds all necessary permits or licensees to do so.
BUSINESS GOODS
Unless elsewhere defined by this code, a shop, store, or office engaged in the sale of specialized commodities and goods to other businesses, industries or institutions, or one providing specialized services to such businesses, industries and institutions, including but not limited to business offices, business or commercial schools, building supplies, catering establishments, data processing, hospital equipment and supplies, medical and dental laboratories, motion-picture production, office machine sales and service, printing and publishing, radio and television studios, sign painting and technical schools.
BUSINESS OFFICE
Any office use not satisfying the definition of "professional offices" or "medical or dental offices" shall be considered a business office for purposes of this chapter.
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CANOPY
Any permanent awning or rigid shelter that projects from a building or structure facade and extends for all or a portion of the building or structure's frontage. A canopy may be supported by posts.
CASH-FOR-GOLD BUSINESS
An establishment primarily engaged in buying used gold or jewelry.
CEMETERY
A type of civic use where land is used or intended to be used for the burial or entombment of human remains and dedicated for similar purposes but may not include a structure for the purpose of the cremation of human remains.
CITY
As used herein, the City of Oswego, New York.
CIVIC USE
A type of use that includes the performance of educational, recreational, cultural, medical, safety, municipal, governmental and other uses strongly vested with public or social importance.
A. Examples of civic uses include, but are not limited to:
(1) Museums and other not-for-profit membership corporations established for cultural, social or recreational purposes;
(2) Municipal buildings;
(3) Public libraries;
(4) Public parks, playgrounds and recreational areas operated by a governmental authority;
(5) Public safety services, such as police, fire and ambulance/emergency services and associated facilities; and
(6) Public transportation and associated facilities.
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CLEAN FILL
Uncontaminated inert solid material, including earth, sand, gravel, rock or any other similar material.
CLUB
A building or use catering exclusively to club members of a not-for-profit corporation, as defined in the Not-For-Profit Corporation Law of the State of New York, and their guests for social, indoor recreational or educational purposes and not operated for profit. Such a club may include YMCA, YWCA, YMHA, lodge, religious and similar organizational facilities, except that they shall not provide dormitory accommodation.
CODE
The Code of the City of Oswego, New York.
COLD STORAGE FACILITY
The storage of materials, commodities or goods in a cold and refrigerated place for the purpose of preserving such materials, commodities or goods.
COMMERCIAL STORAGE FACILITY
A building or group of buildings where units are accessed from within the building that are rented or leased for the storage of personal items, business and household goods, but not hazardous substances. Access to each building exists through a secure central entrance. Storage of goods by local businesses is limited to low-volume storage and shipment by vehicles no larger than a standard, two-axle, full-size van. Numerous daily deliveries and/or frequent removal of goods for sale by local businesses at another site are not consistent with the intent of this use. This definition excludes the definition of warehouse.
COMMERCIAL USE
A type of use that includes the sale, rental, service, and distribution of goods and/or the provision of services other than those classified as industrial or civic uses.
COMMERCIAL VEHICLE
A vehicle of more than one ton capacity used for the transportation of persons or goods primarily for gain and/or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.
COMMUNITY CENTER
A meeting hall, place of assembly, museum, art gallery or library, not operated primarily for profit.
CONDOMINIUM
The individual ownership of one dwelling unit within a multidwelling building, with an undivided ownership interest in the land and other components of the building shared in common with the owners of dwelling units in the building.
CONSERVATION EASEMENT
A legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values.
CONSTRUCTION COMPANY, LARGE
A business providing general contracting and/or building construction services for residential, farm, industrial or commercial uses, and which may involve outdoor storage of materials used in the trade, machinery or equipment.
CONSTRUCTION COMPANY, SMALL
A business providing general contracting and/or building construction services for residential, farm, industrial or commercial uses, and which does not involve outdoor storage of materials used in the trade, machinery or equipment.
CONSUMER SERVICES
Unless otherwise defined by this code, an establishment or use that primarily renders services to persons rather than engaging in the sale of products.
A. Examples of consumer services include, but are not limited to:
(1) Arts and crafts studios;
(2) Appliance repairs and rental;
(3) Banks, savings and loans and credit unions;
(4) Barbershops and beauty parlors;
(5) Catering with no on-site food service;
(6) Dressmakers and tailors;
(7) Express mail/courier without warehouse;
(8) Jewelry and watch repair;
(9) Laundry services, including laundromats and dry cleaning;
(10) Locksmiths;
(11) Nail salons and spas;
(12) Pet grooming;
(13) Photographer's studio;
(14) Print shops;
(15) Shoe repair;
(16) Tanning salons;
(17) Travel agencies;
(18) Upholstering shops; and
(19) Businesses providing similar services to those listed above.
B. As an accessory use only, consumer services may include retail sales of items related to the services being provided.
C. Consumer services do not include professional office use or motor-vehicle-related services.
CONTROLLED SUBSTANCES
Includes any substance defined in § 220 of the New York State Penal Law and any other illicit substance that violates state or federal law.
CONVALESCENT HOME AND CLINIC
See definition of "nursing home."
CONVENIENCE STORE
A place that sells groceries, and/or alcohol for off-premises consumption, and/or common retail goods and that is open more than 15 hours a day.
CORRECTIONAL FACILITY
A secured institution under the supervision of the judiciary, correctional departments of any local, state or federal governments, or any law enforcement agency in which persons are or may be lawfully held in custody after arrest or as a result of conviction of a crime.
COUNTY
The County of Oswego.
COVERAGE
The lot area or percentage of lot area covered by the building or structure, including accessory buildings and structures as well as paved areas.
DAY-CARE CENTER
A facility providing childcare services for compensation in accordance with the applicable laws and regulations of the State of New York.
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DECK
A structure, typically made of wood, built to extend the finished floor surface of a building into outdoor areas.
DISTRICT
Any part of the City for which the regulations governing the use and occupation of property are the same.
DOCK
Any permanent or seasonal structure projecting from or along the shore into the waterways of the City, including piers and wharfs used as a berthing place for boats or vessels to load or unload.
DORMITORY
A building, or part thereof, used as group quarters for unrelated individuals sharing common cooking, social and hygienic facilities, including fraternity and sorority houses.
DRIVE-THRU FACILITY
Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
DRIVEWAY
An entirely paved passage leading from the public street rights-of-way used by motor vehicles to access workable paved parking spaces.
DRUG PARAPHERNALIA
Any objects, devices, instruments, apparatus or contrivances whose primary and traditionally exclusive use is in connection with the illegal use of any and all controlled substances.
DUMP
Land used for disposal by abandonment, dumping, burial, burning or any other means of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING UNIT
Building or part thereof used as living quarters for one family. The terms "dwelling," "one-family dwelling," "two-family dwelling" or "multiple-family dwelling" shall not include a motel, hotel, boardinghouse, tourist home, dormitory, mobile home or similar structure.
DWELLING, MULTIPLE-FAMILY
A building used as living quarters by three or more families, as defined hereafter, living independently of each other in distinct and separate dwelling units. Each such dwelling unit shall consist of not more than two adult persons for each conventional bedroom in the dwelling and shall contain adequate common cooking, social and hygienic facilities. Studio apartments containing combined sleeping and social areas shall be occupied by no more than two adult persons. In no case shall a rooming house, boardinghouse, dormitory, single-family dwelling or two-family dwelling be classified or construed as a "multiple-family dwelling."
DWELLING, ONE-FAMILY
A detached building consisting of or intended to be occupied as a residence by one family only, as "family" is hereafter defined. In no case shall a lodging house, boardinghouse, dormitory, two-family dwelling or multiple-family dwelling be classified or construed as a one-family dwelling.
DWELLING, TWO-FAMILY
A detached building consisting of or intended to be occupied as a residence by two families living independently of each other, with separate cooking, social and hygienic facilities, as "family" is hereafter defined. In no case shall a lodging house, boardinghouse, dormitory, one-family dwelling or multiple-family dwelling be classified or construed as a two-family dwelling.
EARTHMOVING OPERATIONS
Any mining, quarrying, clean fill excavation or removal of earth products prior to processing for the purpose of sale or any other commercial purpose. Earth products include, but are not limited to, topsoil, clean fill, sand, gravel, clay or stone. The removal of topsoil and clean fill operations for the necessary and normal operations directly undertaken in connection with the construction of a building for which a building permit has been issued or the development of a subdivision plan is not within the purview of this definition.
EASEMENT
A right granted by the owner of a parcel of real property to another party for use of all or part of the parcel for a specified purpose.
EMERGENCY PROCEDURES PLAN
A document filed with the Oswego Code Enforcement Office detailing the procedures to shut down a wind energy system in case of emergency.
ENGINEER
A person licensed and registered as a professional engineer by the State of New York or who has been issued a limited permit as a professional engineer in the State of New York.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business.
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
(3) The additions of any sexually oriented business to any other existing sexually oriented business.
(4) The relocation of any sexually oriented business.
EXCAVATION
The process of the removal of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means.
FAMILY
A. Purpose. It is the purpose of this chapter to define the definition of "family" in order to promote the legitimate preservation of the character of single-family areas, without violating the United States Due Process Clause and the New York State Due Process Clause by not excluding a group which is, in every but biological sense, a single family or a household which poses no threat to the good of preserving the character of the traditional single-family neighborhood.
B. The definition of "family" shall be:
(1) Those related by blood, marriage or adoption, likely to be found in a unitary family; or
(2) Not more than four unrelated individuals living in a stable nontransient household group; or
(3) Not more than four unrelated individuals living in a stable transient household group.
C. It shall be a rebuttable presumption that a group of five or more persons living in a single dwelling unit to produce evidence that they constitute the definition of "functionally equivalent traditional family."
D. Factors in determining a group as a functionally equivalent traditional family shall be:
(1) The group shares the entire dwelling unit; and
(2) The group lives and cooks together as a single housekeeping unit; and
(3) The group shares expenses for food, rent, utilities and other household expenses; and
(4) The group is previously established as permanent and stable; and
(5) Each member of the group has equal access to all living areas within the single dwelling unit.
E. A community residence family-care home or group home established pursuant to the New York State Mental Hygiene Law or governed by the Fair Housing Act shall be deemed a functionally equivalent traditional family for the purpose of this definition.
FARM
A tract of land consisting of five or more acres devoted to the production of agricultural commodities such as crops, livestock grazing, raising of hay for cows to produce milk and other dairy products, raising of poultry, raising of horses and the growing of fruit.
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FINISHED GRADE
The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of buildings and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.
FLOOR AREA
The aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings.
A. In particular, the floor area of a building or buildings shall include:
(1) Basement spaces, if included in the count of the number of stories or used for commercial purposes other than storage.
(2) Elevator shafts and stairwells at each floor.
(3) Floor space used for mechanical equipment, with structural headroom of seven feet six inches or more.
(4) Penthouses.
(5) Attic spaces providing structural headroom of seven feet six inches or more, whether or not a floor has actually been laid.
(6) Interior balconies and mezzanines.
(7) Enclosed porches.
(8) Accessory uses not including space used for accessory off-street parking.
B. Floor area of a building shall not include:
(1) Accessory water tanks and cooling towers.
(2) Uncovered steps; exterior fire escapes.
(3) Terraces, breezeways, open porches and outside balconies.
(4) Accessory off-street parking spaces.
(5) Accessory off-street loading berths.
FOOD PROCESSING
The preparation, processing, or canning and packaging of food products.
FOOD PROCESSING FACILITY
A facility that processes food for off-site consumption, where the gross floor area of the establishment exceeds 2,500 square feet, and/or less than 25% of the gross floor area is devoted to on-site display and retail sale of such products to the general public. Food processing excludes restaurants, markets and similar establishments where such activity is customarily carried on as a secondary part of the business.
FUNERAL SERVICE
An establishment engaged in undertaking services such as preparing the human dead for burial, arranging funeral services and managing funerals. Typical uses include funeral homes or mortuaries.
GARAGE, PARKING
A covered structure, often of several stories, that provides automobile parking space.
GARAGE, RESIDENTIAL
An attached or detached accessory building used for the storage of vehicles or trailers by the families who reside upon the premises, including any covered parking space or carport.
GASOLINE STATION
Building or land used for sale of motor fuel, oil and motor vehicle accessories, and which may include facilities for lubricating, washing or servicing vehicles, but not including painting or body repairs.
GLARE
Light emitting from a luminaire with intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness.
GOLF COURSE
A tract of land for playing golf, improved with tees, greens, fairways and hazards, and may include clubhouses, shelters, bathrooms, restaurant and bar facilities and/or a golf driving range as permitted accessory uses.
GREEN SPACE
A permeable open area that is either natural or landscaped.
GROUP RESIDENCE
A place of residence and/or domicile by one or more persons, wherein the residential quarters are considered an integral component of a recognized program of custodial supervision or care, together with required supervisory personnel. The occupancy described herein is excluded from the definition of "family."
HEAD SHOP
A retail establishment that offers for sale, use or display paraphernalia or items designated or marketed for use with tobacco products, inhalants commonly referred to as "vaping products" and inclusive of e-cigarettes, marijuana, or controlled substances. A head shop may alternatively be known as a smoke shop, a vape shop, a cannabis dispensary, or anything similar in use.
HEAVY EQUIPMENT STORAGE/SALES/SERVICE
Storage, rental, sales and service of farm and heavy equipment and machinery, including logging equipment, tractor-trailers, and related farm and heavy transportation equipment such as bulldozers, backhoes, engines, compressors, trucks over 2.5 tons, tractors, construction equipment and other heavy machinery, vehicles or motors.
HOME OCCUPATION
Accessory use of a service character conducted within a dwelling by residents thereof which is clearly secondary to dwelling use for living purposes and does not change the character or have any exterior evidence of such use and which conforms to the additional conditions set forth in § 280-70: Home occupations of this chapter.
HOSPITAL
An institution providing health services and medical or surgical care, primarily for temporary inpatients, to persons suffering from illness, disease, injury, deformity or other abnormal physical or mental condition, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities. "Hospital" does not include institutions for the permanent care of or occupation by the poor, infirm, incurable or insane.
HOTEL
A building or any part thereof which contains living and sleeping accommodations for transient occupancy and has a common exterior entrance or entrances. "Hotel" shall not include "adult motel" as defined elsewhere in this section.
INDUSTRIAL USE, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRIAL USE, INDUSTRIAL PARK
A planned, coordinated development of a tract of land with two or more separate industrial sites and/or buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.
INDUSTRIAL USE, LIGHT
A use engaged in the design, assembly or processing of a product predominantly from previously prepared materials or finished products or parts, including processing, fabrication, assembly, treatment, bottling, packaging, incidental storage, sales, and distribution of such products. This use excludes basic industrial processing and must not produce high volumes of polluting wastes.
INDUSTRIAL USE, SERVICE
The sale, rental, leasing, service or repair of equipment, machinery or vehicles typically used in industrial use or transportation.
INDUSTRIAL USE, WATERFRONT
Industrial uses that require a location in, on, over or adjacent to water, including Lake Ontario and the Oswego River, and that require the use of water as an integral part of the activity. Such uses may include, where permitted, docking, loading and unloading aggregate transshipping facilities, such as transferring freight between vessels to storage or to other transportation, such as barges, truck or railroad cars.
JUNK
Includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe fittings, used tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition but subject to being dismantled.
JUNKYARD
An area of land with or without buildings used for or occupied by the storage, keeping or abandonment of junk, including scrap metals or other scrap, used or salvaged building materials, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two or more wrecked or broken-down vehicles or the major parts thereof for three months or more shall be deemed to make the lot a junkyard.
KENNEL
An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling these animals is conducted as a business.
LABORATORY, FORENSIC OR MEDICAL
A laboratory typically used for analysis of human blood, tissue, waste or pathogens, particularly as relating to the diagnosis and treatment of illness or disease, or analysis of crime scene evidence. Considered an accessory use.
LABORATORY, INDUSTRIAL
Facility or part of a building where scientific and/or research testing is conducted. The quantities of chemical agents in use at one time are small, normally not exceeding one liter. Laboratory operations may include research and development, production/acceptance testing, sample analysis and evaluation, limited detoxification, or a room or building for scientific experimentation or research. Forensic and medical laboratories are excluded from this definition.
LANDFILL
A public or private land disposal site employing an engineered method of disposing of solid wastes on land in a manner that minimizes environmental hazards and meets the design and operation requirements of 6 NYCRR 360.
LANDSCAPING COMPANY
A business providing general landscaping, snow removal and arbor services for residential, farm, industrial, municipal or commercial uses, and which may involve outdoor storage of materials used in the trade, machinery or equipment.
LARGE-SCALE DEVELOPMENTS
All tracts of land with an area of three acres or more which are developed as a unit under single ownership or control.
LARGE-SCALE RETAIL ESTABLISHMENT
A retail sales establishment with at least one tenant or occupant located in a 40,000-square-foot or larger building or structure, or where the total development exceeds 100,000 square feet.
LAWN CARE SERVICE
A business providing lawn maintenance services for residential, farm, industrial, municipal or commercial uses, and which does not involve outdoor storage of materials used in the trade, machinery or equipment.
LIBRARY
A publicly operated facility housing a collection of books and other printed or recorded materials maintained for reading, consultation, study and research, with a staff trained to provide services to meet the needs of its users. A library may also provide educational, cultural and recreational programs or events, and may provide access to and instruction in the use of online and Internet resources and is a type of civic use.
LOT
Land occupied or which may be occupied by a building and its accessory uses, together with such open spaces as are required, having not less than the minimum area, width and depth required for a lot in the district in which such land is situated and having frontage on a street or other means of access as may be determined by the Planning Board to be adequate as a condition of issuance of a building permit for a building.
LOT AREA
The total area within property lines, excluding any part thereof lying within the boundaries of a street or proposed street.
LOT DEPTH
The mean horizontal distance from the street line of the lot to its opposite rear line measured at right angles to the building front line.
LOT FRONTAGE
The dimension measured from side lot line to side lot line along the lot line shared with the street line.
LOT WIDTH
The dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth.
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LOT, CORNER
A lot situated at the junction of and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135°.
LUMBERYARD
Any establishment maintaining on its premises for sale to the public more than 100,000 board feet of lumber or other forest product.
MARINA, COMMERCIAL
A facility for the berthing, fueling, repair and storage of recreational and commercial boats and the provision of related accessory services; a yard where boats are constructed.
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MARQUEE
A permanent roof-like structure attached to and supported by a building and projected therefrom.
MECHANICAL AMUSEMENT DEVICE
Any device operating by payment of fee, such as an electronic arcade game, billiards table or pinball machine, the use or possession of which is not prohibited by any laws of the State of New York.
MEDICAL AND DENTAL OFFICES
A use or building where medical or dental care is offered by a New York State licensed medical provider, such as a physician, dentist, chiropractor, optometrist, ophthalmologist or other provider. This definition excludes professional offices as defined by this code.
MOBILE HOME
A movable living unit, with or without wheels, whether on a foundation or rigid support, capable of being used for living quarters year-round and not built to New York State Uniform Fire Prevention and Building Code regulations. A mobile home shall contain at least 380 square feet of floor area. A prefabricated dwelling built to New York Uniform Fire Prevention and Building Code regulations shall not be considered a mobile home.
MOBILE HOME PARK
Land on which two or more mobile homes are parked or which is used for the purpose of supplying to the public a parking space for two or more mobile homes.
MOORING SLIP
Any dock, arrangement of piles or methods used to berth, secure or fasten a boat.
MOTEL
A building or group of buildings containing individual living and sleeping accommodations for hire, each with individual exterior entrances, primarily for the use of transient automobile travelers. The term "motel" includes every type of similar establishment designated as an auto court, tourist court, tourist cabins, motor hotel or motor lodge. "Motel" shall not include "adult motel" as defined elsewhere in this section.
MOTOR VEHICLE
Any vehicle propelled or drawn by power other than muscular power and intended for use on public highways.
NOISOME AND INJURIOUS SUBSTANCES, CONDITIONS AND OPERATIONS
A. Physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or an adjacent district.
B. Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground of any materials of such nature that may contaminate any water supply, including the groundwater supply.
C. Storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin.
D. Smoke, measured at the point of emission, of a shade that is darker than No. 3 on the Ringelmann Chart.
E. Fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property or excessive soil, measured at or beyond any property line.
F. Offensive or objectionable odors noticeable at the property line or beyond.
G. Reflected or direct glare caused by any process, lighting or reflecting material in a degree to be objectionable at any property line or beyond.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, excepting such studios provided by a state-chartered educational institution or nonprofit entities.
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttocks, anus, male genitals, female genitals or full female breast.
NURSING HOMES
An approved or licensed establishment which provides full-time convalescent or chronic care, or both, including an assisted living facility, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment. However, this definition shall also include an establishment or dwelling, also known as a "hospice," which provides full-time palliative and supportive care for the terminally ill individuals and their families. A hospital shall not be construed to be included in this definition.
OPEN SPACE
An unimproved area of land devoted to an open space use, such as public recreation, enjoyment of scenic beauty, conservation of natural resources, preservation of historical or cultural sites, or any similar use.
OPEN STORAGE YARD
Place for the storage of things or materials outside of a building or structure. This definition includes places for the storage of personal property, such as boats and recreational vehicles.
OSWEGO WATERFRONT REVITALIZATION AREA BOUNDARY
That portion of the New York State Coastal Area Boundary within the City of Oswego Local Waterfront Revitalization Program (LWRP) described and mapped in Section One of the Oswego LWRP, adopted on April 28, 1986, by Resolution No. 156-1986, a copy of which is on file in the City Clerk's office and is available for inspection during normal business hours.
OUTDOOR RECREATION
Any recreational use particularly oriented to and utilizing the outdoor character of an area, including a snowmobile trail; bike, jeep or all-terrain vehicle trail; cross-country ski trail; hiking and backpacking trail; bicycle trail; horse trail; playground; picnic area; public beach; or similar use.
OWNER
The person or persons holding title to property.
PARK
A tract of land designated for use by the public for active or passive recreation.
PARKING LOT
An open area which is used for temporary parking of more than four motor vehicles. A driveway shall not be considered a parking lot.
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PARKING SPACE
An off-street space, not located in public space, used for the temporary location of one licensed motor vehicle. Such space shall have access to a street or alley.
PARKING, COMMERCIAL
A parking lot or garage operated by a private entity that is used for temporary parking of motor vehicles and for which service a fee is charged.
PARKING, PUBLIC
A parking lot or garage operated by a public entity that is used for temporary parking of motor vehicles and for which service a fee may or may not be charged.
PAVED AREA
That part of a lot which is covered by an impervious surface other than buildings and structures, such as a driveway, parking area or walkway, and consisting of either asphalt, brick, or concrete.
PAWN SHOP
A retail establishment engaged in the lending of money on the security of personal property pledged in the keeping of the pawnshop owner (pawnbroker) or the purchase of goods on the condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period, and the retail sale of such goods and personal property as used merchandise.
PAYDAY LENDING
A company that for compensation lends customers small, short-term loans, typically of $500 or less, on the agreement that the loan will be repaid shortly by the borrower, often secured against the borrower's future paycheck(s). This definition excludes state or federally chartered banks, savings associations, credit unions, or industrial loan companies offering direct deposit advance service to their customer that is incidental to their main purpose or business.
PERMIT ADMINISTRATOR
The City of Oswego Permit Administrator, who is an individual employed by the City of Oswego Code Enforcement Department with the responsibilities of that position and also empowered to act as authorized by this zoning code.
PERMITTED ADULT USES
Shall be limited to adult arcades, adult bookstores or adult video stores, adult cabarets, adult motion-picture theaters, adult theaters, escort agencies, and nude model studios.
PERMITTED ADULT USES
Shall be limited to adult arcades, adult bookstores or adult video stores, adult cabarets, adult motion-picture theaters, adult theaters, escort agencies, and nude model studios.
PERMITTEE
A person in whose name a permit to operate a sexually oriented business has been issued by the Permit Administrator, as well as the individual listed as an applicant on the application for a permit.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
PLACE OF ASSEMBLY
Public buildings, schools, halls, convention centers and other spaces and buildings where the general public may congregate, not including social clubs, sportsmen's clubs or other private clubs.
PLANNED DEVELOPMENT DISTRICT
A zoning district that may be created anywhere in the City for the purpose of permitting property to be developed:
A. With one or more uses not otherwise permitted or conditional in the district in which the property is located, subject to certain development regulations and one or more development site plans; or
B. Subject to development regulations not otherwise permitted in the district in which the property is located.
PLANNING BOARD
The City of Oswego Planning Board.
POLICIES AND PURPOSES OF THE OSWEGO LOCAL WATERFRONT REVITALIZATION PROGRAM
Those policies as listed and explained in Section Three, as well as the proposed land and water uses and projects as found in Section Four, of the Oswego Local Waterfront Revitalization Program Document, adopted on April 28, 1986, by Res. No. 156-1986, a copy of which is on file in the City Clerk's office and available for inspection during normal business hours.
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PORCH
A covered platform having a separate roof at an entrance to a dwelling or an open or enclosed room attached to the outside of a dwelling.
PRIVATE
Not publicly owned, operated or controlled.
PROFESSIONAL OFFICES
A commercial use or building where personal services, as distinguished from the practice of a trade or business, are rendered by a practitioner of the nonmedical or dental learned professions, such as a lawyer or architect, real estate agent, landscape architect, engineer or public accountant (as defined in the Education Law of the State of New York) or similar professional. This definition excludes medical and dental offices as defined by this code.
PUBLIC UTILITY FACILITY
Telephone, electric and cable television lines, poles, appurtenances and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures or pumping stations; telephone exchanges; and all other facilities, appurtenances and structures necessary for conducting a service by a government or public utility.
REASONABLE
That which is logical, not excessive, evidences common sense and fairness.
RECREATIONAL FACILITY, INDOOR
A place designed and equipped for the conduct of sports and leisure-time activities within an enclosed space, including gymnasiums, health and fitness clubs, amusement arcades, movie theaters, stages, dance studios, indoor tennis and racquetball courts, bowling alleys, and indoor swimming pools. This definition excludes indoor sports arenas, auditoriums, and exhibition halls.
RECREATIONAL USE, WATERFRONT
Recreational uses that require a location in, on, over or adjacent to water, including Lake Ontario and the Oswego River, and that require the use of water as an integral part of the activity. Such uses may include, where permitted, moorings, docks, fishing facilities, boat repair and storage, tour and charter boat facilities, and waterborne commerce.
RECREATIONAL VEHICLE
A vehicular unit that does not exceed 40 feet in overall length, eight feet in width, or 12 feet in overall height, primarily designed as temporary living quarters for recreational, camping or travel use. Such a vehicle either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. "Recreational vehicle" includes motor homes, truck campers over seven feet in height, travel trailers and camping trailers, but not vans or trucks with campers less than seven feet in height.
RECYCLING CENTER
A facility subject to state or federal regulation for the collection of mandated, clean, source-separated, recyclable materials such as glass, aluminum, bimetal and plastic containers.
RELIGIOUS INSTITUTION
A church, temple, synagogue, mosque or other similar place of worship.
RESIDENTIAL USE
A building, or any part of a building, which contains living and sleeping accommodations for permanent occupancy.
RESTAURANT
A retail establishment offering food and beverage for consumption where the majority of its gross sales income comes from the sale of food and food items rather than alcoholic beverages. Temporary facilities used for distribution of food and/or beverages, such as are customarily associated with field days, carnivals, circuses, charitable, religious or institutional bazaars, or similar events, shall not be considered restaurants. Dining rooms and cafeterias which are not open to the general public such as associated with schools, colleges and universities, care homes, private clubs, private businesses and work sites shall not be considered restaurants.
RETAIL SALES
Establishment conducting the sale of goods and services in small quantities for consumption by purchasers rather than resale. "Retail" shall be construed to mean such retail sales as are not specifically set forth or enumerated in this chapter. "Retail sales" shall not include adult bookstores, adult video stores, or adult uses as defined elsewhere in this section.
A. "Retail sales" shall include sales by department stores, clothing stores, sporting goods stores, shoe stores, drugstores, appliance stores, furniture stores, electronic merchandising stores, liquor stores, bookstores, grocery stores and other like stores and similar businesses.
B. The following are specifically excluded from "retail sales":
(1) Auto body repair businesses.
(2) Automotive repair businesses.
(3) Small engine repair businesses.
(4) Outboard motor repair businesses.
(5) Construction equipment repair businesses.
(6) Heavy maintenance for truck businesses.
(7) Repair for truck businesses.
(8) Gasoline service stations.
(9) Amusement arcades.
ROADSIDE AGRICULTURAL SALES
Open air sales that offer locally produced agricultural products and which may also offer agriculturally related products and handmade crafts. Such sales are seasonal and temporary in nature and operate without a permanent structure.
SCHOOL
Parochial, private and public schools, colleges, universities and accessory uses; and shall exclude commercially operated schools of beauty culture, business, dancing, driving, music and similar establishments.
SCHOOL, COMMERCIALLY OPERATED
Commercially operated schools or studios of beauty, business, culture, dance, driving, music and similar establishments.
SEASONAL SALES
The open air sales of seasonal items customarily associated with holidays, such as Christmas trees, pumpkins and similar items not typically sold year round.
SELF-SERVICE STORAGE FACILITY
A nonresidential building, portion of a building or group of buildings available for rent to the public for the purpose of storing household or personal property that contains defined and partitioned storage space or units, or that is subdivided by secured bins, boxes, containers, pods or other mobile or stationary storage devices. This definition excludes "warehouse" and "commercial storage facility" as those terms are used by this code.
SEMINUDE
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEQRA
The New York State Environmental Quality Review Act.
SETBACK
The required horizontal distance between a structure and a property or street line.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex when one or more of the persons is in a state of nudity or seminude; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude, except for medical procedures involving a licensed medical provider.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SHOPPING CENTER OR MALL
A group of two or more businesses with common parking facilities located on a single site planned and designed to function as a unit for the site on which it is located. The definition includes large-scale retail establishments.
SHOPPING PLAZA
A group of two or more businesses with common parking facilities located on a single site planned and designed to function as a unit for the site on which it is located. The definition excludes large-scale retail establishments.
SIGN
Any structure, device or part thereof attached to, painted on or represented on a structure which displays or includes any lettering, wording, model, drawing, picture, banner, flag, insignia, device, marking or representation used as or which is in the nature of an announcement, direction or advertisement.
SIGN AREA
The area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations and lights, but excluding the supports if they are not used for advertising purposes. One face of the sign shall be counted in computing the area. Any neon tube, string of lights or similar device shall be deemed to have a minimum dimension of one foot.
SMALL CRAFT
A small boat or fishing vessel, typically less than 40 feet in length.
SMALL CRAFT MARINE FUELING FACILITY
A fixed fueling facility that primarily dispenses fuel to small craft and which meets all applicable local, state and federal regulations to operate legally.
SMALL ENGINE REPAIR SHOP
Repair or maintenance of small engines, such as those commonly used with lawnmowers, chainsaws, and similar items using the same. Excludes repair or maintenance of automobile, motorcycle and snowmobile engines.
SPECIAL PERMIT
A permit for a particular land use permitted in this chapter by special use, subject to any conditions imposed by the Zoning Board of Appeals, and which complies with the prescribed standards of this chapter to assure that the proposed special use is in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met. A property use subject to a special permit warrants special evaluation of each individual case because of its nature, location or effect on the surrounding neighborhood.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
C. Masturbation, actual or simulated.
D. Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C above.
STOREFRONT
In a single-tenant building, the linear distance of that wall of a building which contains the main entrance to the building. In a complex, the linear distance of that wall that encloses a tenant space and contains the tenant's primary access to the outdoors.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and the ceiling next above it. A basement shall not be deemed a story unless it meets the criteria set forth in the definition of "basement" herein. An attic shall not be deemed a story unless it meets the criteria set forth in the definition of "attic" herein.
STREET
A public way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on a plat approved by all appropriate official City agencies.
STREET LINE
Right-of-way line of a street as dedicated by a deed or record. Where the street width is not established, the street line shall be considered to be 30 feet from the center line of street pavement for purposes of this chapter.
STRUCTURE
Anything constructed or erected, the use of which demands a temporary or permanent location on the soil, or attached to something having a temporary or permanent location on the soil. A structure includes a "building" as that term is defined herein.
STRUCTURE, TEMPORARY
A structure that is not erected upon or attached to a permanent foundation. Examples include tents, trailers, campers, and nonpermanent wood or metal structures.
SUBDIVISION
The division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.
SUBSTANCE ABUSE REHABILITATION CENTER
A dwelling unit, subject to regulation and licensing by the State of New York, which provides supervised residence and a therapeutic environment for up to 15 individuals seeking drug or alcohol rehabilitation for a period not to exceed 30 days for any individual.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on date of enactment.
SUPERMARKET
Any building or structure or portion thereof, having more than 5,000 square feet in gross floor area, used for the retail sale of a variety of goods, which may include dairy products, baked goods, fresh or prepared meats, beverages, fresh or prepared foods, fresh fruits and vegetables, canned foods, dry goods, and automotive, household, health, and stationery supplies, and which may also include seating for on-site consumption.
SURVEYOR
A person licensed and registered as a land surveyor by the State of New York or who has been issued a limited permit as a professional land surveyor in the State of New York.
SWIMMING POOL
Any man-made container of water having a depth greater than two feet and used for swimming.
SYSTEM HEIGHT
With regard to a wind energy system, the combination tower height plus blade length.
TATTOO
The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. The term includes the application of permanent cosmetics.
TATTOO PARLOR
An establishment or facility in which tattooing is performed.
TAXI CAB/PERSONAL TRANSPORT SERVICE
A business that transports passengers by vehicle from one location to another location for a fee.
TEMPORARY USE
A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.
TERRACE
An open porch without a permanent roof.
THEATER
A building or part of a building devoted to showing motion pictures or stage productions on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TOURIST HOME
An owner-occupied dwelling in which overnight accommodations and meals are provided or offered for transient guests for compensation, but such use is secondary to the owner occupancy of the dwelling; said overnight accommodations not to exceed seven consecutive nights; sometimes also referred to as "bed-and-breakfasts."
TOWER
With regard to a wind energy system, the structure on which the wind turbine is mounted.
TOWER
With regard to a wind energy system, the structure on which the wind turbine is mounted.
TOWER HEIGHT
With regard to a wind energy system, the height above grade of the fixed portion of the tower.
TRAILER
A vehicle capable of being used as seasonal sleeping or living quarters, not exceeding 380 square feet in floor area, whether self-propelled or towed, or a camper body mounted on a motor vehicle. "Trailer" shall also include any vehicles which may be towed and are capable of being used for carrying goods, equipment, machinery or recreation vehicles, or as a site office.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
(1) The sale, lease or sublease of the business.
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
TRANSIENT
Living and/or sleeping accommodation provided for a fee or barter for a period of less than 30 consecutive days. When used in this code to refer to a person, it refers to a person who resides in a location under such conditions.
TRANSPORTATION TERMINAL
Any premises used for the garaging or parking of public transportation vehicles and the loading and unloading of passengers.
TRUCKING TERMINAL
A place or building where trucks load and unload freight and where the freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation, such as railroad cars, vessels or barges. A trucking terminal may include areas for storage, servicing or repair of trucks or fleet vehicles associated with the terminal building. This term shall not pertain to accessory off-street loading berths.
TURBINE
The parts of a wind energy system, including the blades, generator and tail.
USABLE OPEN SPACE
That part of the area of a lot which:
A. Is devoted to outdoor recreational space, greenery and service space for household activities (such as clothes drying) which are normally carried on outdoors.
B. Conforms to the minimum dimensions prescribed for the appropriate district.
C. Is not devoted to private roadways open to vehicular transportation, accessory off-street parking space or loading berths.
D. Contains no structures, except as specifically permitted in this chapter.
E. Is structurally safe and adequately surfaced and protected.
F. Is accessible and available to all occupants of dwelling units for whose use the space is required.
USE
This term is employed in referring to:
A. The purpose for which any buildings, other structures or land may be arranged, designed, intended, maintained or occupied; or
B. Any occupation, business activity or operation conducted (or intended to be conducted) in a building, or other structure, or on land.
USE, ACCESSORY
A use, building or other structure clearly incidental or subordinate, but customary, to a principal use. Accessory uses shall not alter the character of the premises on which they are located or impair the neighborhood and must be conducted on the same zoning lot as the principal use to which it is related, unless this chapter otherwise permits another location for an accessory use.
USE, CONFORMING
Any established permitted use or any existing use otherwise designated as a conforming use by this chapter. A use established pursuant to the grant of a use variance shall not be considered a conforming use, but shall not be subject to the abandonment provisions of the nonconforming uses and structures article of this chapter.
USE, NONCONFORMING
The use of land or a structure which does not comply with all regulations for the district in which it is located where such use conforms to all applicable laws, ordinances and regulations prior to the enactment or amendment of this chapter.
USE, PRINCIPAL
An activity that may be carried on independently of any other activity and which generally characterizes the primary purpose for which land and/or the principal structures thereon are intended and designed.
USE, PROHIBITED
A use of a building, structure, lot or land, or part thereof, that is not specifically listed as a permitted use, use subject to site plan review, accessory use or special permit use. Any use not specifically permitted as one of the above shall be deemed to be prohibited.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner that is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations.
VERMIN
Pests or nuisance animals, such as those that spread diseases or odor.
WAREHOUSE
A use engaged in the storage of manufactured products, supplies and equipment that will be sold elsewhere or, subsequently, transported to another location for sale or consumption, but excludes bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized dangerous conditions. This definition does not include a self-service storage facility.
WATERWAYS OF THE CITY OF OSWEGO
Areas which include:
A. That area of land within which or upon which the flow of water is ordinarily confined due to existing topography; and
B. All lakes, rivers, streams and other bodies of water within the jurisdiction of the City of Oswego which are navigable in fact or upon which vessels with a capacity of one or more persons can be operated. It shall not include waters which are surrounded by land held in single private ownership at every point in their total area.
WHOLESALE STORE
Establishments or places of business primarily engaged in selling merchandise to retailers, industries, commercial institutions, or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.
WIND ENERGY SYSTEMS
A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics which has a rated capacity of no more than 25 kW for residential use and no more than 125 kW for business zones and is not for resale to any other individual and/or commercial entity, and not more than 1.5 MW systems for industrial zones.
YACHT CLUB, PRIVATE MARINA
A building or use for members of a group or association for the purpose of engaging in recreational and competitive boating or other water-related sports.
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YARD, FRONT
A yard extending along the full length of the front lot line between the side lot lines.
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YARD, REAR
A yard extending along the full length of the rear lot line between the side lot lines.
YARD, REQUIRED
That part of a lot extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for another building or another lot.
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YARD, SIDE
A yard situated between the building and the side line of the lot and extending from the front yard (or from the front lot line, if there is no required front yard) to the rear yard (or rear lot line).
ZONING BOARD OF APPEALS
The City of Oswego Zoning Board of Appeals.
Note: The provided images are illustrative only and not intended to be regulatory.

Word usage.
Words used in the present tense include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. The word "shall" is always mandatory. The word "may" is permissive. A "building" or "structure" includes any part thereof. "Building or other structure" includes all other structures of every description regardless of dissimilarity to conventional building forms. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for." The word "person" includes a corporation, a limited liability company, or a partnership, as well as an individual. The word "lot" includes the word "plot" or "parcel."