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Environmental performance standards
No use shall be established through the Planned Development District, site plan or special permit approval processes, nor otherwise be permitted in conformance with this chapter, that does not comply with the following environmental performance standards of use, occupancy and operation, in addition to all applicable local, state and federal laws or regulations. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy.
A. Noise. All uses and activities emitting any sound must comply with Chapter 165: Noise of this Code.
B. Odor. Unless permitted by applicable local, state or federal law or regulation, the emission of any offensive or obnoxious odor discernible at the property line of the lot from which the odor is emitted is prohibited.
C. Toxic or noxious materials. Unless permitted by applicable local, state or federal law or regulation, no land use or operation shall be permitted which permits or causes the escape of any toxic or noxious materials, including fumes, gases or other matter, outside the building in which the use is conducted.
D. Smoke and other particulate matter. In no case shall the emission of smoke or other particulate matter violate the City of Oswego Code, including § 149-27B of this Code, or any applicable air resource local, state or federal law or regulation. Unless permitted by applicable local, state or federal law or regulation, smoke, measured at the point of emission, of a shade that is darker than No. 3 on the Ringelmann Chart, shall be prohibited.
E. Fire and explosive hazards. There shall be no activities or storage involving flammable and/or explosive materials without adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry and except in accordance with all applicable local, state and federal laws and regulations, including this Chapter 126: Fire Prevention and Building Construction of this Code. All applicable requirements of the New York State Uniform Fire Prevention and Building Code, New York State Department of Environmental Conservation regulations, as well as the provisions of the National Fire Protective Association (NFPA) Code, shall be fully observed.
F. Radioactivity or electromagnetic disturbance. No activity shall be permitted which emits dangerous radioactivity beyond the building in which such activity is located, and the handling, storage or disposal of radioactive materials or waste by-products shall be conducted in strict accordance with applicable state and federal requirements, including § 126-23A, § 199-60B(11) and § 207-3B(4) of this code. No activity shall be permitted which causes electrical disturbance adversely affecting the operation of radios, televisions or any equipment other than that of the creator of such disturbance unless state or federal regulation requires such operation to be permitted.
G. Heat. Unless permitted by applicable local, state or federal law or regulation, no unreasonable heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. A rise in temperature of 1° F. along any adjoining property line shall be considered perceptible.
H. Lighting and glare. Unless permitted by applicable local, state or federal law or regulation, no unreasonable reflected or direct glare caused by any process, lighting or reflecting material in a degree to be objectionable shall be permitted at any property line or beyond.
I. Insects, rodents and vermin. Storage of any material or waste either indoors or outdoors in such a manner that it facilitates the breeding of insects, rodents or vermin is prohibited.
J. Vibration. No activity shall cause or create a steady-state or impact vibration discernible at any lot line in accordance with the following method of measurement:
(1) Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Code Enforcement Office shall be employed.
(2) Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration displacement by frequency bands in excess of that indicated in the following table:
  Vibration Displacement  
Frequency (cycles per second) Steady-State (inches) Impact (inches)
Under 10 0.0005 0.0010
10 to 19 0.0004 0.0008
20 to 29 0.0003 0.0006
30 to 39 0.0002 0.0004
40 and over 0.0001 0.0002
Fences, hedges and walls
A. In residential districts, fences, hedges and walls not exceeding a height of four feet in a front yard or six feet in a side or rear yard shall be permitted. Fences, hedges and walls up to eight feet in height may be permitted by the Board of Appeals anywhere on a lot when it finds that:
(1) They will contribute to the aesthetic appearance of the neighborhood and are an integral part of the premises.
(2) They will not adversely affect the access of adjoining lots to light and air.
B. In nonresidential districts adjoining residential districts, fences, hedges and walls shall not exceed eight feet in height along the boundary; elsewhere there shall be no restriction on the height of fences, hedges or walls.
C. No obstructions higher than two feet above an adjacent curb elevation shall be permitted on a corner lot within a triangular area consisting of intersecting street lines and a line connecting points on the street lines, 30 feet from the point of intersection.
D. All fences in public space shall require approval of the Common Council.
E. Unless specified otherwise, the regulations in this article apply to districts not covered by the Design Standards
General landscaping requirements and bufferyards
It is the intent of this section to encourage quality landscape design, construction and maintenance for the purposes of environmental preservation; heat, glare and wind reduction; site beautification; and buffering or screening. For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping, water features and environmental improvement, which may include existing and new vegetation, berms, lighting, site and street furnishings and ornamental features which are integrated with the vegetation. The following are the minimum landscaping requirements:
A. Along any district boundary where a nonresidential district abuts a residential district, there shall be provided within the nonresidential district a landscaped area at least 20 feet wide, which shall be suitably landscaped and maintained to provide visual screening from adjacent residential properties.
B. Where any nonresidential land use in a residential district abuts any residential land use, there shall be provided by the nonresidential use a landscaped area at least 15 feet wide, which shall be suitably landscaped and maintained to provide visual screening from adjacent residential properties.
C. In any Planned Unit Development District, landscaping shall be provided as required by the Planning Board.
D. Specifications.
(1) Required landscaping shall consist of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover.
(2) One shade tree at least eight feet in height and at least two inches in diameter measured at a point six inches above finished grade level shall be planted no nearer than five feet to any lot line for each 500 square feet of required landscaped area; and one deciduous shrub or evergreen shall be planted for every 200 square feet of required landscaped area.
(3) All such landscaping shall be maintained in a healthy growing condition with ground cover or grassed areas. Dead material shall be replaced, and plant material shall be regularly pruned and nourished to maintain health.
(4) The Planning Board may require fencing or suitable landscaping to provide adequate screening of property. Such fencing shall be erected so that the finished or smooth side faces the public.
(5) In nonresidential areas, erosion control plans shall be incorporated into all landscape plans.
E. Bufferyards.
(1) In addition to standard setbacks and the planting requirements outlined in this section, additional bufferyards shall be used to establish a greater separation where dissimilar land uses are located adjacent to each other. Careful site planning can minimize the need for constructed bufferyards by the preservation of natural topographic features, preservation of vegetation and sensitive location of site improvements and land uses.
(2) The type and extent of plantings, fencing and walls required for bufferyards shall be proportionally greater for increased degrees of incompatibility among adjacent land uses.
Internal conversions in dwellings
With regard to any internal conversion of a dwelling permitted by this chapter, the following limitations shall apply:
A. Internal conversion of an attached garage or porch to living space. With regard to the internal conversion of an attached garage or porch to living space, a kitchen shall not be installed unless it is replacing an existing kitchen.
B. Internal conversion of preexisting nonconforming use for additional living space. With regard to the internal conversion of preexisting nonconforming use for additional living space, a kitchen shall not be installed unless it is replacing an existing kitchen.
C. Internal conversion of preexisting industrial use to condominiums or multiple-family dwellings. Notwithstanding the limitations set forth in Subsections A and B, kitchens shall be allowed with the internal conversion of preexisting industrial use to condominiums or multiple-family dwellings.
Lots in more than one district
If a lot is divided by a zoning district boundary, the respective district regulations shall apply to each portion of the lot, except that:
A. The regulations of the more restrictive district may be applied to the entire lot.
B. The Board of Appeals may establish requirements within the intent of this chapter which represent a compromise between the requirements of the districts involved and which are approximately proportional to the area of the lot that lies within each different district. In no case shall such requirements be less restrictive than the regulations in the least restrictive district.
Mobile homes prohibited Mobile homes are prohibited within the City of Oswego. Unless already in place at the enactment of this regulation, no person shall park a mobile home anywhere within the City of Oswego nor shall any mobile home already in place at the enactment of this regulation be replaced, added onto, or otherwise modified.
Nonconforming signs
A. The lawful use of a sign or signs existing at the time of adoption of this chapter may be continued, even though the sign does not conform to the regulations and limitations of this section, until one or more of the following occurs:
(1) The structure, size, location, advertising display matter or accessories of any or all signs previously granted approval and permits are altered, modified, changed, reconstructed or moved.
(a) The structure, size, location, advertising display matter, lettering, color scheme or accessories of any or all signs on the property for which approval and/or permits have not been granted are altered, modified, changed, reconstructed or moved.
(b) The nonconforming sign is damaged or destroyed by fire, explosion or act of God to the extent of more than 60% of the actual value thereof.
(c) The use of the property on which the nonconforming sign is located is discontinued.
(d) The nonconforming sign falls into a state of disrepair and/or becomes unsafe.
(2) Nonconforming signs may not be enlarged, extended, relocated or altered in any way, except to make them conform to provisions of this chapter. This provision shall not restrict routine maintenance of nonconforming signs involving replacement of electrical parts and repainting. Ordinary maintenance and repairs may be made to any nonconforming sign, provided that the structure, advertising display matter, lettering, color scheme or accessories are not altered, modified, changed, reconstructed or moved, and provided that such ordinary maintenance and repairs do not exceed 20% of the value of the sign in any one-year period.
(3) Nothing contained in this section shall be deemed to require any change in the plans or construction of any sign upon which actual construction was lawfully initiated prior to the effective date of this section. "Actual construction" is hereby defined as the actual placing of the sign and/or structure materials in their permanent position in compliance with the previously obtained approval and permits.
Nonconforming uses
General regulations for nonconforming uses.
A. These provisions shall apply to all nonconforming uses existing on the effective date of this chapter and to uses that become nonconforming by reason of any amendment thereof and to buildings or other structures housing such uses.
B. Continuance. Any nonconforming use may be continued indefinitely, except as hereinafter provided.
C. Abandonment.
(1) If active and continuous operations or occupancy are ceased by a nonconforming use for an uninterrupted period of one calendar year or more, the building, structure or lot occupied by such nonconforming use shall immediately thereafter and henceforth be eligible for or occupied by only conforming uses.
(2) Notwithstanding the provisions of § 280-82C(1), if a prior nonconforming use has ceased its nonconforming use for one year or more, the owner may apply to the Zoning Board of Appeals for a special permit to use the building, structure or lot for the purpose that it was originally constructed.
(3) In making its decision, the Zoning Board of Appeals shall consider the following criteria:
(a) Whether the owner can establish the original constructed use of the building or structure to justify reinstatement of the nonconforming use.
(b) Whether the owner has adequate parking on the property available to meet the requirements of § 280-39: Off-street parking requirements of the Zoning Ordinance.
(c) Whether the proposed use of the building, structure or lot is in harmony with the neighborhood and will not adversely increase the population and vehicular density of the neighborhood.
(d) Whether the proposed use of the building, structure or lot is the most economically viable alternative to reestablish the original use of the property.
(e) Whether it is necessary that the special permit be granted with conditions.
D. Change to another nonconforming use. A nonconforming use may be changed to another nonconforming use by special permit from the Board of Appeals, if the said Board deems the proposed nonconforming use to be sufficiently similar in nature to the existing nonconforming use and closer in character to surrounding conforming uses than is the existing nonconforming use.
E. Extension. A nonconforming use shall not be enlarged or extended or relocated to a different position on the lot which it occupies.
F. Any nonconforming use, as hereinbefore or hereinafter referred to, is an affirmative defense in any action or proceeding.
G. In an Industrial District included in an Economic Development Zone (EDZ), an existing nonconforming residential use may be continued with respect to the same number of existing one-family dwellings situate on the premises; however, the size of the one-family dwellings and accessory uses shall not be subject to the requirements of Subsection E of this section.
D. Change to another nonconforming use. A nonconforming use may be changed to another nonconforming use by special permit from the Board of Appeals, if the said Board deems the proposed nonconforming use to be sufficiently similar in nature to the existing nonconforming use and closer in character to surrounding conforming uses than is the existing nonconforming use.
E. Extension. A nonconforming use shall not be enlarged or extended or relocated to a different position on the lot which it occupies.
F. Any nonconforming use, as hereinbefore or hereinafter referred to, is an affirmative defense in any action or proceeding.
G. In an Industrial District included in an Economic Development Zone (EDZ), an existing nonconforming residential use may be continued with respect to the same number of existing one-family dwellings situate on the premises; however, the size of the one-family dwellings and accessory uses shall not be subject to the requirements of § 280-82E of this section.

Damaged nonconforming uses.
If a nonconforming use and a building or other structure of nonconforming bulk sustains an amount of damage or destruction by any cause, which amount is officially appraised to be 75% or more of its true value, the building, other structure or tract of land shall thereafter be eligible for and occupied by only a conforming use, and the damaged portions of the building or other structure shall, if rebuilt or reconstructed, conform to pertinent use and bulk regulations for that district.

Maintenance, repair and alteration of nonconforming uses.
A. Maintenance and repairs. Customary maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and minor alterations, so long as they do not increase or expand the nonconforming use.
B. Structural alterations. No structural alterations are permitted, except when required by law or when adapting or remodeling a building or other structure for a conforming use.

Buildings nonconforming in bulk.
A. Changes or alterations. Buildings and structures which are only nonconforming in bulk may be altered, moved, reconstructed or enlarged, provided that each change does not increase the degree of, or create any new, nonconforming bulk in such building and does not violate any other provisions of this chapter.
B. Reduction in lot area. No lot shall be reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.

Existing undersized lots.
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.
Outdoor use and storage of upholstered furniture
Outdoor use or storage of any upholstered furniture, including mattresses, manufactured primarily for indoor use shall be prohibited from being visible on the property from any public space, sidewalk, street or highway. Outdoor use or storage of such furniture as aforesaid shall also be prohibited on any unenclosed porch which is located, in whole or in part, on public space in the City of Oswego, New York.
Projections into required yards and open spaces
A. Open fire escapes may project beyond the building line a maximum of six feet into required side or rear yards or courts. They may not project into required front yards or usable open spaces nor shall they be placed on walls facing toward a street, except with the permission of and in compliance with conditions imposed by the Common Council of the City of Oswego, New York.
B. An arbor, open trellis, flagpole, unroofed steps, unroofed terrace (not more than three feet above ground level) or recreation, athletic or drying yard equipment shall be permitted in any required yard, court or usable open space.
C. Other permitted projections beyond the building line into a required yard, court or usable open space are:
(1) An awning or movable canopy for a maximum projection of six feet.
(2) Cornices or eaves for a maximum projection of three feet.
(3) Window sills or belt courses for a maximum projection of 12 inches.
Signs
Objectives and applicability.
A. This article regulates signs within the City of Oswego that are visible from the right-of-way and from beyond the property where erected. These regulations balance the need to protect the public safety and welfare, the need for a well-maintained and attractive community and the need for adequate identification, communication and advertising for all land uses. The regulations for signs have the following objectives:
(1) To ensure that signs are designed, constructed, installed and maintained so that public safety and traffic safety are not compromised.
(2) To allow and promote positive conditions for meeting a sign user's needs, while at the same time avoiding nuisances to nearby properties and promoting an attractive environment.
(3) To reflect and support the desired character and development patterns of the various districts and conform to applicable design standards.
(4) To allow for adequate and effective signs in commercial and industrial districts while preventing signs from dominating the visual appearance of the area.
B. These regulations allow for adequate and multiple types of signs for a site. The provisions do not necessarily assure or provide for a property owner's desired level of visibility for the signs.
C. Unless specified otherwise, the regulations in this article apply to districts not covered by the Design Standards.

General construction and placement criteria for signs.
A. All signs installed after the effective date of this section shall have attached to the sign a nameplate giving the sign permit number and the name and address of the owner, person or corporation responsible for the general requirements and maintenance as outlined herein.
B. All internally illuminated signs shall be constructed in conformance with the Standards for Electric Signs (UL 48) of the Underwriters' Laboratories Inc., and bear the seal of the Underwriters' Laboratories label. The sign shall be inspected and certified by an electrical inspection agency approved by the City.
C. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.
D. All signs, including attached wall, projecting and suspended wall signs, shall be securely anchored and shall not swing or move in any manner.
E. All signs, sign finishes, supports and electric work shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose supports, braces, guys and anchors.
F. All signs shall be painted and/or fabricated in accordance with generally accepted sign industry standards.
G. All signs and sign structures shall be erected and attached totally within the site.
H. Vision clearance area. No sign may be located within a vision clearance area. No support structure(s) for a sign may be located in a vision clearance area unless the combined total width is 12 inches or less and the combined total depth is 12 inches or less. "Vision clearance areas" are triangular shaped areas located at the intersection of any combination of streets, roads, rights-of-way, private roads, alleys or driveways. The sides of the triangle extend 15 feet from the intersection of the vehicle traveled areas. The height of the vision clearance area is from 48 inches above grade to 10 feet above grade.
I. Vehicle area clearances. When a sign extends over a private area where vehicles travel or are parked, the bottom of the sign shall be at least 14 feet above the grade. Vehicle areas include driveways, alleys, parking lots, loading, maneuvering areas, etc.
J. Pedestrian area clearances. When a sign extends over private sidewalks, walkways or other spaces accessible to pedestrians, the bottom of the sign shall be at least 8 1/2 feet above the grade.
K. Signs may be erected in required yards and setback areas, unless otherwise specified in this chapter.
 
For complete information on signs, see Article VIII: Signs
Storage of motor vehicles and recreational vehicles
In any residential district, the following regulations shall apply:
A. Vans, buses and trucks of more than 3/4 ton carrying capacity, motor vehicles used for drag or stock car racing and an abandoned, discarded or junked vehicle as defined in § 253-2: Definitions must be parked in an enclosed garage.
B. Trailers, campers, boats, snowmobiles and other recreation vehicles shall be parked in a garage or side or rear yard and no more than two trailers, campers, boats, snowmobiles and other recreation vehicles may be stored outdoors on a lot in a residential district. All outdoor storage shall occur as inconspicuously as practicable on the lot.
(1) Use of a parked trailer, camper or recreational vehicle for temporary living quarters shall be limited to no more than 30 days per calendar year.
C. Exceptions to these parking location regulations may be granted after issuance of a special permit; however, in no case shall a special permit be granted for the storage of an abandoned or junk vehicle, as defined in § 253-2: Definitions.
Supplementary yard regulations
A. Through lots. For any through lot fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located.
B. Principal buildings on the same lot. If two or more principal residential buildings are located on the same lot, one building's exterior walls containing windows shall be separated from the nearest point on any adjacent building by a horizontal distance, perpendicular to the wall with windows, equal to at least twice the width of the required side yard for the particular district in which the buildings are located.
C. Accessory buildings.
(1) Accessory buildings unattached to principal buildings shall be no closer to the principal buildings than 12 feet or a distance equal to the height of each such accessory building, whichever is the greater.
(2) Any accessory building physically attached to a principal building is deemed part of such principal building in applying bulk regulations.
D. Where property and building lines are not parallel, yard setbacks shall be based on an average of the two extreme dimensions at each building line and the absolute allowable minimum yard setback in each case being at least 50% of the required setback as stated in other sections of this chapter.