City of Oswego - Land Uses

Accessory 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. (See also individual definitions for each use type)

Districts Where Allowed Districts where use is Permitted by Right: IN

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Bulk requirements; supplementary regulations.
Area, yard, coverage and height, supplementary regulations and site plan approval requirements for the AO-IN Adult Overlay of the Industrial District are the same as required in the IN Industrial District as set forth in § 280-21 of this chapter.

Adult uses shall be a permitted use in AO-IN Adult Overlay of the Industrial District only, provided that:

(1) A permitted adult use may not be operated within 500 feet of:

(a) A church, synagogue or regular place of worship.
(b) A public or private elementary or secondary school.
(c) A boundary of any residential district.
(d) A public park adjacent to any residential district.

(2) A permitted adult use may not be operated within 500 feet of another adult use or on the same lot or parcel of land.
(3) A permitted adult use may not be operated in the same building, structure or portion thereof containing another adult use.
(4) For the purpose of this article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(5) For purposes of § 280-81D(2) of this section, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(6) All adult uses shall be conducted in an enclosed building with a setback from any public street of at least 100 feet. Regardless of location or distance, no one who is passing by any enclosed building having a use governed by these provisions shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
(7) Under no circumstances shall sexual encounter centers or adult hotels or motels as defined herein be permitted uses.

For additional information see § 280-81: Adult uses. and Article IV: AO-IN Adult Overlay of the Industrial District.
For procedural information see Adult Uses.

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.

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.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, TB, TD Districts where use may be permitted with Special Use Permit: WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: TB

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Animal shelter

A lot and/or building or part thereof used for the care of lost, abandoned or neglected animals.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: TB

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Antique sales

Retail sales of relics or objects generally 50 years of age or older.

Districts Where Allowed Districts where use is Permitted by Right: CB, TB, TD Districts where use may be permitted with Special Use Permit: TN2, UR, WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Art and craft, festival, show, exhibit or sale by not-for-profits

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
One parking space for every five seats; or one parking space for every 100 square feet of floor area. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Temporary art and craft, festival, show, exhibit or sale by not-for-profits.

(a) A temporary outdoor art and craft, festival, show, exhibit or sale may be permitted in any district by any not-for-profit organization when approved by the Permit Administrator on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of any undue adverse impact on surrounding properties and districts. Such use shall be limited to a period not to exceed three days per event.
(b) A temporary indoor art or craft show, festival, exhibit or sales may be permitted in any nonresidential district or in any public park in a residential district subject to prior approval by the Permit Administrator. Such use shall be limited to a period not to exceed three days per event.

Art gallery and studio

A place where art such as paintings, sculptures or other works are created, exhibited or sold.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN, TB, TD Districts where use may be permitted with Special Use Permit: UR, WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Auto wrecking yard

A facility including buildings and land area where auto wrecking occurs.

Automotive bodywork

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.

Bakery, wholesale

A facility that produces baked goods, primarily for sale off premises.

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.

Boardinghouses

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 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.

Districts Where Allowed Districts where use is Permitted by Right: IN Districts where use may be permitted with Special Use Permit: CB

Vehicle Parking:
Commercial and business uses in groups over 20,000 square feet of business floor area: one parking space for every 100 square feet of business area. See Article VII: Off-Street Parking and Loading for more detailed information.

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 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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: IN, TB, TD, WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Business offices

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.

Carnivals

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
One parking space for every five seats; or one parking space for every 100 square feet of floor area. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

A permit for this similar temporary use may be issued in nonresidential districts when approved by the Permit Administrator on the basis of the adequacy of the lot size, parking provision, traffic access and the absence of any undue adverse impact on the surrounding neighboring properties and districts.

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.

Circuses

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
One parking space for every five seats; or one parking space for every 100 square feet of floor area. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

A permit for this similar temporary use may be issued in nonresidential districts when approved by the Permit Administrator on the basis of the adequacy of the lot size, parking provision, traffic access and the absence of any undue adverse impact on the surrounding neighboring properties and districts.

Civic uses, general

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.

Clubs

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: IN, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
One parking space for every five seats; or one parking space for every 100 square feet of floor area. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: TB

Vehicle Parking:
Industrial, wholesale, warehouse, storage, freight and trucking uses: one parking space for every motor vehicle used directly in the business, plus additional parking as required by the Board. See Article VII: Off-Street Parking and Loading for more detailed information.

Community center

A meeting hall, place of assembly, museum, art gallery or library, not operated primarily for profit.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: IN, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
One parking space for every five seats; or one parking space for every 100 square feet of floor area. See Article VII: Off-Street Parking and Loading for more detailed information.

Condominiums

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.

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.

Districts Where Allowed Districts where use is Permitted by Right: IN Districts where use may be permitted with Special Use Permit: CB, SR

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, TB, TD Districts where use may be permitted with Special Use Permit: SR, TN2, UR, WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Contractors' offices, equipment sheds and construction staging areas

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Contractors' offices, equipment sheds and construction staging areas containing no sleeping or cooking accommodations may be permitted in any district when accessory to a construction project. Temporary storage shall be allowed as an accessory use to the contractor's office or equipment shed.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, TB Districts where use may be permitted with Special Use Permit: SR, UR

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Day-care center

A facility providing childcare services for compensation in accordance with the applicable laws and regulations of the State of New York.

Districts Where Allowed Districts where use is Permitted by Right: CB, TB Districts where use may be permitted with Special Use Permit: SR

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Dormitories

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-in theaters, outdoor

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

A. Projection screens and parking areas shall be no closer than 50 feet to any street line and no closer than 100 feet to a residential district.
B. Projection screens shall not be visible from any major street.
C. All parking areas, accessways and driveways shall be paved with dustless material.
D. Loudspeakers shall be limited to the individual type designed to be heard by the occupants of one car.
E. Entrances and exits shall connect only to major streets and shall be designed so as not to interfere with or impede traffic flow.
F. Entrance car reservoir spaces shall be provided to accommodate no less than 5% of the theater's parking capacity.

Drive-thru facilities

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: TB

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

A. Location. No drive-thru facility shall be located within 500 feet of any lot line of a day-care center, school or place of worship.
B. Traffic impact. The Planning Board shall in each individual case, consider the potential traffic impact of the proposed drive-thru facility on the adjoining road system and on the parking areas affected. Where said Board determines that such traffic may have a significant, adverse impact, it may deny the application or it may require such reduction in scale or other modification of the size and nature of the proposed facility as, in the opinion of said Board, will be adequate to reduce the estimated impact to an acceptable level.
C. Waste material. All waste material shall be stored in rodentproof containers which shall be kept in a screened or enclosed location and shall be removed from the premises each day, with the exception of Sundays and holidays.

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."

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, TB, TD, UR, WA

Vehicle Parking:
In the TN1, TN2, SR and UR Districts: Five parking spaces for every three dwelling units. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Open space requirements for multiple-family deveopments:

A. Required area. For every multiple-family dwelling unit there shall be provided an area of at least 300 square feet of usable open space.
B. Location. Such required usable open space may be provided in more than one plot.
C. Slope. The maximum slope of required usable open space shall not exceed 5%.
D. Planning Board review. The Planning Board in its review of the site plan for any multiple-family development may require active recreational equipment to be installed and maintained to serve the needs of residents.

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.

Districts Where Allowed Districts where use is Permitted by Right: TN1, UR Districts where use may be permitted with Special Use Permit: CB, SR, TB, TD, TN2, WA

Vehicle Parking:
In the TN1, TN2, SR and UR Districts: Two parking spaces for every dwelling unit. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Only new two-family dwellings are allowed by special use permit in the TN2 and SR districts. Conversions of existing dwellings into two-family dwellings are not permitted.

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: IN

Vehicle Parking:
One parking space for every motor vehicle used directly in the business, plus additional parking as required by the Board. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Excavations and earthmoving operations which are not incidental to construction of a building shall be governed by the following requirements:

A. All excavation operations shall not adversely affect drainage or structural safety of adjoining lots and buildings. They shall not contribute to soil erosion by wind or water or create or involve any kind of noisome or injurious substances, conditions or operations.
B. Open excavations deeper than 10 feet or having a slope greater than 30° from the horizontal shall be surrounded by a fence at least six feet high and no closer than 50 feet to the edge of the excavation or other hazardous condition.
C. The slope of a pile of any material excavated shall not exceed its normal angle of repose.
D. No excavation shall take place closer than 100 feet to a vertical plane created by the projection of any length of the lot line vertically into the ground, nor shall any mechanical equipment be stationed or supplies or excavated material stored any closer than 100 feet to the lot line.
E. Before any excavation starts, plans shall be submitted to the Board of Appeals indicating:

(1) Existing topography, showing contour lines at vertical intervals of no more than two feet; drainage courses and other pertinent physical conditions; areas to be excavated; and the extent of such excavations.
(2) Proposed rehabilitation of the area after excavation operations cease, including finished grades, drainage and such other information as is necessary to fully explain the site conditions after operations cease.
(3) All drawings and plans shall be approved by the Permit Administrator prior to consideration by the Board of Appeals.

F. Before any excavations are made, performance bonds shall be posted with the City Clerk in an amount equal to the estimated cost of rehabilitation of the site as determined by the Permit Administrator, except that none of the foregoing provisions shall apply to installation, construction, erection, laying, repair, maintenance and removal of electric, telephone and gas lines.
G. Prior to the release of any performance bonds, the Permit Administrator shall certify that the finished grades, drainage and other features pertinent to rehabilitation of the land all conform to the plans, or modifications thereof, approved by the Board of Appeals, and that topsoil to a depth of six inches has been distributed over all excavated portions of the site being rehabilitated.

Excavation

The process of the removal of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: IN

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

Excavations and earthmoving operations which are not incidental to construction of a building shall be governed by the following requirements:

A. All excavation operations shall not adversely affect drainage or structural safety of adjoining lots and buildings. They shall not contribute to soil erosion by wind or water or create or involve any kind of noisome or injurious substances, conditions or operations.
B. Open excavations deeper than 10 feet or having a slope greater than 30° from the horizontal shall be surrounded by a fence at least six feet high and no closer than 50 feet to the edge of the excavation or other hazardous condition.
C. The slope of a pile of any material excavated shall not exceed its normal angle of repose.
D. No excavation shall take place closer than 100 feet to a vertical plane created by the projection of any length of the lot line vertically into the ground, nor shall any mechanical equipment be stationed or supplies or excavated material stored any closer than 100 feet to the lot line.
E. Before any excavation starts, plans shall be submitted to the Board of Appeals indicating:

(1) Existing topography, showing contour lines at vertical intervals of no more than two feet; drainage courses and other pertinent physical conditions; areas to be excavated; and the extent of such excavations.
(2) Proposed rehabilitation of the area after excavation operations cease, including finished grades, drainage and such other information as is necessary to fully explain the site conditions after operations cease.
(3) All drawings and plans shall be approved by the Permit Administrator prior to consideration by the Board of Appeals.

F. Before any excavations are made, performance bonds shall be posted with the City Clerk in an amount equal to the estimated cost of rehabilitation of the site as determined by the Permit Administrator, except that none of the foregoing provisions shall apply to installation, construction, erection, laying, repair, maintenance and removal of electric, telephone and gas lines.
G. Prior to the release of any performance bonds, the Permit Administrator shall certify that the finished grades, drainage and other features pertinent to rehabilitation of the land all conform to the plans, or modifications thereof, approved by the Board of Appeals, and that topsoil to a depth of six inches has been distributed over all excavated portions of the site being rehabilitated.

Existing undersized lots

Districts Where Allowed Districts where use may be permitted with Special Use Permit: SR, UR

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

Any vacant lot in a residence district with an area or width less than the minimum required by the district regulation in which it is located and which is not adjoined by another vacant lot under the same ownership may be used for:

A. A one-family residence, provided that the following minimum standards are met:

(1) Lot area minimum: 3,800 square feet.
(2) Lot width at building line: 40 feet.
(3) Front yard: 25 feet.
(4) Rear yard: 25 feet.
(5) Side yards: 14 feet total, four feet minimum.
(6) Maximum coverage: 30%.
(7) Maximum building height: three stories or 35 feet, whichever is less.
(8) Minimum habitable floor area: 650 square feet, excluding basement.
(9) Supplementary regulations: as set forth in Article X: Supplementary Regulations.

B. Parking and garage, provided that site plan approval is obtained from the Planning Board and landscaping and screening is installed.

Festivals

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
One parking space for every five seats; or one parking space for every 100 square feet of floor area. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

A permit for this similar temporary use may be issued in nonresidential districts when approved by the Permit Administrator on the basis of the adequacy of the lot size, parking provision, traffic access and the absence of any undue adverse impact on the surrounding neighboring properties and districts.

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 services

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: TB, TN2, UR

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: TB

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

In all districts where permitted, gasoline or motor vehicle service stations shall comply with the following special regulations:

A. A gasoline station lot shall not be located within 200 feet of any lot occupied by a school, public library, theater, religious institution, hospital, fire station or other public gathering place unless a street lies between such establishment and the gasoline station. Measurement shall be made between the nearest respective lot lines.
B. Lot size shall be at least 20,000 square feet.
C. Lot frontage shall be at least 150 feet.
D. Lot depth shall be at least 125 feet.
E. Pumps and lubricating and other service devices shall be located at least 35 feet from front lot line and side and rear lot lines.
F. All fuel and oil shall be stored at least 20 feet from any property line.
G. All automobile parts and dismantled vehicles are to be stored within an enclosed building; no repair work is to be performed outside a building.
H. No signs shall extend beyond pumps nor exceed 20 feet in height.
I. There shall be no more than two access driveways from the street. The maximum width of each access driveway shall be 40 feet.
J. A suitably curbed landscaped area shall be maintained at least five feet in depth along all street frontage not used as a driveway.
K. No automobile service establishment shall have an opening in the roof, side or rear walls less than 15 feet from any lot line.

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.

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."

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: TN2, UR

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

A. Notwithstanding any other portion of this Code, group residences shall have no more than eight occupants residing in such a facility when such facility is located in the TN2 and UR districts.
B. Furthermore, notwithstanding any other portion of this Code, substance abuse rehabilitation centers shall have no more than eight occupants residing in such a facility when such facility is located in the SR District.

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Where the use of a head shop is allowed within this Code, it shall be unlawful to establish or maintain any head shop within 500 feet of any area zoned for residential 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 occupations

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.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

A. Home occupations shall be carried on wholly within the dwelling or an accessory building to the equivalent of 1/3 the ground floor area of the dwelling.
B. Not more than one nonresident person outside the family shall be employed.
C. There shall be no exterior storage of materials used in the occupation and no storage in any location of merchandise available for sale on the premises.
D. The traffic generated by such home occupation shall not increase the volume of the traffic, pedestrian or vehicular, so as to create a traffic hazard or disturb the residential character of the immediate neighborhood.
E. No retail sales of goods, except those produced on the premises and those which are clearly incidental to the providing of service involved in the home occupation, and no other exterior indication of the home occupation or variation from the residential character of the principal building are permitted.
F. Home occupation includes artists, baby-sitting, cooking, drafting, dressmaking, laundering, upholsterer, photographer, professional residence-office and other trades and businesses of a similar nature.
G. Home occupation excludes the following uses: animal hospitals, antique or other retail sales involving merchandise for sale on the premises, barber or beauty shops, clinics, commercial stables or kennels, convalescent homes, garages or repair of motor vehicles, electrical, radio and television repair, furniture refinishing, mortuary, music or dancing instruction in groups, restaurants, woodworkings, machine shops, pattern making, sheet metal shops, tinsmithing shops, animal grooming, contracting offices and other trades and businesses of a similar nature. Furthermore, if a use is prohibited in a district, it is prohibited as a home occupation in that district.
H. Home occupations shall be compatible with the residential use of the property and the neighborhood.
I. In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 8:00 p.m.
J. A home occupation may be carried out in the home in a residential district without obtaining a special permit as a home occupation under this chapter, as long as the activity is carried out exclusively by a permanent inhabitant of the residence, the activity brings no clients or customers to the residence, and no sign of any sort relating to the activity is displayed on or at the residence. Nonetheless, such a home occupation shall observe all limitations imposed on home occupations in this chapter.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: TB, TN2, UR

Vehicle Parking:
Three parking spaces, plus one space for every two beds. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Philanthropic institutions, convents, hospitals, clinics, sanitariums and nursing and convalescent homes shall conform to the following additional regulations:

A. Lot area minimum: 100,000 square feet.
B. Yard minimums: 50 feet.
C. The Oswego County Health Department shall give written certification that hospitals and sanitariums in the proposed location will not have a detrimental effect on the general level of health in the surrounding neighborhood.

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.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: TB, TD, WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Vehicle Parking:
One parking space for every motor vehicle used directly in the business, plus additional parking as required by the Board. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

In any district, the dumping of refuse and waste material for landfill is prohibited. Loam, rock, stone, gravel, sand, cinders and soil may be used for landfill to grades approved by the Permit Administrator only if approved by permit. No landfill shall commence until a permit has been issued. Applications for landfill permits shall be made by the property owner to the Permit Administrator on forms he shall prescribe. No landfill permit shall be issued until the application has been approved by the Common Council following its referral to the Permit Administrator. The Permit Administrator may refer a request, when he deems it necessary, to the Planning Board for an advisory opinion. The Council, from time to time, shall establish a schedule of fees to defray administrative costs involved in processing the application.

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.

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.

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.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: SR, TB, TD, TN2, UR, WA

Vehicle Parking:
Three parking spaces, plus one space for every 200 square feet of office area. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Philanthropic institutions, convents, hospitals, clinics, sanitariums and nursing and convalescent homes shall conform to the following additional regulations:

A. Lot area minimum: 100,000 square feet.
B. Yard minimums: 50 feet.
C. The Oswego County Health Department shall give written certification that hospitals and sanitariums in the proposed location will not have a detrimental effect on the general level of health in the surrounding neighborhood.

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.

Nursing home

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: SR, TN2, UR

Vehicle Parking:
Commercial and business uses in groups over 20,000 square feet of business floor area: one parking space for every 100 square feet of business area. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Philanthropic institutions, convents, hospitals, clinics, sanitariums and nursing and convalescent homes shall conform to the following additional regulations:

A. Lot area minimum: 100,000 square feet.
B. Yard minimums: 50 feet.
C. The Oswego County Health Department shall give written certification that hospitals and sanitariums in the proposed location will not have a detrimental effect on the general level of health in the surrounding neighborhood.

Open storage yards

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.

Outdoor sales for businesses

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

(a) A temporary outdoor sale may be permitted on the lot where a business occupies the lot with a primary use in nonresidential districts when approved by the Permit Administrator on the basis of the adequacy of the lot size, parking provision, traffic access and the absence of any undue adverse impact on the surrounding neighboring properties and districts.
(b) Such use shall be limited to a period not to exceed seven consecutive calendar days.

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.

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.

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 facilities

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.

Districts Where Allowed Districts where use is Permitted by Right: IN Districts where use may be permitted with Special Use Permit: CB, MH, SR, TB, TD, TN1, TN2, UR, WA

Development Requirements:

In all districts where permitted, public utility substations and facilities shall comply with the following special regulations:

A. Low-profile equipment shall be used, where feasible.
B. The facility shall be surrounded by a fence set back from property lines in conformance with district regulations for front, side and rear yards.
C. A landscaped area at least 15 feet wide shall be maintained in front, rear and side yards.

Real estate office

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
Three parking spaces, plus one space for every 200 square feet of office area. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

Real estate offices containing no sleeping or cooking accommodations unless located in a model dwelling unit may be permitted in any district when accessory to a new housing development

Recreation, outdoor

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.

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.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, SR, TB, TD, TN1, TN2, UR Districts where use may be permitted with Special Use Permit: IN, WA

Vehicle Parking:
One parking space for every five seats; or one parking space for every 100 square feet of floor area. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, TB, TD Districts where use may be permitted with Special Use Permit: IN, SR, UR, WA

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Retail establishment, large-scale

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.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, TB, TD Districts where use may be permitted with Special Use Permit: IN, MH, WA

Vehicle Parking:
Commercial and business uses in groups over 20,000 square feet of business floor area: one parking space for every 100 square feet of business area. See Article VII: Off-Street Parking and Loading for more detailed information.

Roadside agricultural sales

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

(a) Roadside agricultural sales may be permitted in any nonresidential district when approved by the Permit Administrator on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on surrounding properties and districts.
(b) The duration of a permit for seasonal sales shall not exceed 60 days.
(c) No permit for roadside agricultural sales shall be issued outside of the period between April 15 and November 15 during any calendar year.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: IN, SR, TB, TD, UR

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Seasonal sales

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

(a) Seasonal sales may be permitted in any nonresidential district when approved by the Permit Administrator on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on surrounding properties and districts.
(b) The duration of a permit for seasonal sales shall not exceed 60 days.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: SR, TB, UR

Vehicle Parking:
One parking space for every motor vehicle used directly in the business, plus additional parking as required by the Board. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: TB

Vehicle Parking:
Commercial and business uses in groups over 20,000 square feet of business floor area: one parking space for every 100 square feet of business area. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: TD, UR

Vehicle Parking:
Commercial and business uses in groups over 20,000 square feet of business floor area: one parking space for every 100 square feet of business area. See Article VII: Off-Street Parking and Loading for more detailed information.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: SR, TB

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Solar panel structures

Districts Where Allowed Districts where use is Permitted by Right: CB, IN, SR, TN1, TN2, UR Districts where use may be permitted with Special Use Permit: MH, TB, TD, WA

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

A. No ground-mounted or roof-mounted solar panel structure shall be erected until a building permit has been issued therefor.
B. Solar panel structures shall not be erected in a front yard.
C. Solar panel structures shall not be erected or mounted on facades of buildings.
D. Solar panel structures shall be classified as "accessory uses" and conform to height limitations and lot coverage requirements of the district in which the panels are located.
E. Solar panel structures shall be set back from property lines 10 feet in side yards and rear yards, or the height of the solar structure, whichever is greater.
F. For the purpose of this section, the allowed height of the solar structure shall be measured from the average ground grade to the highest point on the solar panel.
G. Solar panels mounted on roofs shall not protrude more than 10 feet above the peak of the roof or higher than the height limitation of the principal building/accessory building, whichever is less.
H. Solar panels shall not glare or reflect onto neighboring properties in proximity to the panel installation.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB, IN Districts where use may be permitted with Special Use Permit: SR

Vehicle Parking:
Three parking spaces, plus one space for every 200 square feet of office area. See Article VII: Off-Street Parking and Loading for more detailed information.

Development Requirements:

A. Notwithstanding any other portion of this Code, group residences shall have no more than eight occupants residing in such a facility when such facility is located in the TN2 and UR districts.
B. Furthermore, notwithstanding any other portion of this Code, substance abuse rehabilitation centers shall have no more than eight occupants residing in such a facility when such facility is located in the SR District.

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.

Districts Where Allowed Districts where use is Permitted by Right: CB Districts where use may be permitted with Special Use Permit: SR, TB

Vehicle Parking:
Commercial and business uses as individual establishments on separate lots; one parking space for every 300 square feet of business area, plus one parking space for every motor vehicle used directly in the business. See Article VII: Off-Street Parking and Loading for more detailed information.

Swimming pools

Any man-made container of water having a depth greater than two feet and used for swimming.

Districts Where Allowed Districts where use is Permitted by Right: SR, TN1, TN2, UR Districts where use may be permitted with Special Use Permit: CB, IN, MH, TB, TD, WA

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

A swimming pool may be maintained as an accessory use in any district subject to the following regulations:

A. No swimming pool shall be constructed or erected until a building permit is granted. Application for a building permit shall be accompanied by a plan showing the exact location and construction of the pool, filtering system, power supply, existing buildings, water, sewer, power and gas lines, the method of disposal of wastewater and type, size and location of fencing. A building permit shall be required for any enlargement or other major alteration of a swimming pool.
B. Yards. A swimming pool shall not be located in a front yard, and the pool and the appurtenances thereto shall be located so as to have a yard not less than five feet in width on all sides, except where the pool is attached to a principal structure.
C. Fences. Pools shall be surrounded by a fence or barrier at least four feet in height, strong enough to make the pool inaccessible to small children, and shall have a gate equipped with self-closing, self-locking devices. Any structure adjacent to the pool may serve as a portion of the fence. A pool whose basic structure or whose walls have a minimum height of four feet, which provides fencing, will not require separate fencing. However, with such pools, all stairs, pool ladders or pool-entering devices must be removed or raised to prevent access when the pool is not in use.
D. Lighting. Pool lighting shall not shine or reflect onto adjoining property.
E. Overhead power lines. No overhead power lines shall pass over the pool nor be maintained within 20 feet of the pool.
F. Maintenance equipment. All heating, filtering, disinfectant and recirculating equipment shall be located at least five feet away from property lines and be effectively enclosed or screened from view from adjacent properties.
G. Filling. No pool shall be filled between the hours of 7:00 a.m. and 8:00 p.m.
H. Maintenance and abandonment of swimming pools.

(1) Every swimming pool presently constructed or installed or hereinafter constructed or installed shall be maintained at all times in such manner as never to constitute a nuisance, hazard or menace to the public health or safety.

(a) The water contained in swimming pools shall, at all times, be properly chlorinated and the quality maintained so as to be suitable for human bathing and swimming.
(b) At no time shall the water contained in a swimming pool or, if the swimming pool has been drained, shall rain water or water from some other source be permitted to accumulate or pond in the swimming pool such that the water becomes stagnant and could harbor mosquito larvae or other vector.

(2) No in-ground swimming pool shall be abandoned, or its use permanently discontinued, unless the owner of the property shall fill in the swimming area with clean soil and restore the surface of the ground to its original grade within 30 days of abandonment or discontinuance of the use of the swimming pool.
(3) If the pool is an aboveground swimming pool, the owner of the property shall demolish the swimming pool, remove the demolition debris from the property, and restore the land on which the swimming pool was located to its original condition within 30 days of abandonment or discontinuance of the use of the swimming pool.
(4) Any such hazard that may exist or develop in or in consequence of or in connection with any swimming pool shall be abated by the person in possession, owning or having jurisdiction over such swimming pool within 10 days of receipt of the notice from the City Code Enforcement Officer.

(a) In the event the person in possession, owning or having jurisdiction over a swimming pool does not abate a swimming pool hazard or hazards within 10 days of receipt of the notice from the City Code Enforcement Officer or permits a swimming pool hazard or hazards to recur more than three times during any one calendar year, the swimming pool shall be deemed to be abandoned.
(b) In the event the owner of the property on which a swimming pool has been abandoned or its use permanently discontinued shall fail to fill an in-ground swimming pool with clean soil, or demolish an aboveground swimming pool and remove the debris within 30 days after receipt of written notice from the Code Enforcement Officer, the person in possession, owning or having jurisdiction over such swimming pool shall be issued a court appearance ticket pursuant to § 280-100: Authorization to issue appearance tickets of this chapter.
(c) In the event that an abandoned or permanently discontinued in-ground or aboveground swimming pool has not been filled in or removed resulting from a court action, the City reserves the right to enter the owner's property to fill in or remove the abandoned swimming pool. The cost of filling or removal of a pool on the owner's property shall be charged against the property upon which the pool exists, in the same manner as a local assessment, provided for in the Charter of the City of Oswego.

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

Tattoo studio

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.

Tourist homes

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."

Transportation terminal

Any premises used for the garaging or parking of public transportation vehicles and the loading and unloading of passengers.

Trucking terminals

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.

Utility, temporary storage (pods) and permanent storage buildings

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

A. No utility, temporary storage (pod) or permanent storage building shall be erected until a building permit has been issued therefor.
B. No utility, temporary storage (pod) or permanent storage building shall be erected in a front yard or public space.
C. Utility, temporary storage (pod) and permanent storage buildings up to 10 feet in height and not more than 144 square feet in area may be permitted in side and rear yards, no less than six feet from the side or rear property line.
D. Any utility, temporary storage (pod), or permanent storage building greater than 144 square feet in area, regardless of height, shall be classified as an accessory building and shall conform to yard setback and coverage requirements.
E. For the purpose of this section, the height shall be measured from the average ground grade to the highest point of the roof.

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.

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.

For additional definitions, please see § 280-64D

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CB, IN, MH, SR, TB, TD, TN1, TN2, UR, WA

Vehicle Parking:
See Article VII: Off-Street Parking and Loading for detailed information.

Development Requirements:

A. Purpose. It is the purpose of this section to regulate the placement, construction and installation of wind-energy-producing systems while promoting the safe, effective and efficient use of such systems. These regulations relate to siting of wind-energy-producing systems in the City of Oswego and do not address large-scale wind farms which are typically intended to sell energy directly to power companies or retail users.
B. Findings. The City of Oswego finds and declares that wind energy is an abundant, renewable and nonpolluting energy resource of the City and that its conversion to electricity will reduce the City's dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.
C. The City of Oswego further finds and declares that regulation of siting and installation of wind turbines is necessary for the purpose of protecting the health and safety of neighboring property owners and the general public and for preserving the aesthetics of the community.

See § 280-64: Wind energy systems for detailed information.
See Wind Energy Systems for procedural information.

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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MapLink™ | Land Uses

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City of Oswego, NY

MapLink™ | Land Uses