This chapter shall be known and may be cited as the "City of
Oneonta, New York, Zoning Ordinance."
The purpose of this chapter is to guide the future growth and
development of the City of Oneonta in accordance with a comprehensive
plan of land use and population distribution that represents and promotes
beneficial and convenient relationships among residential, commercial,
industrial and public areas within the City, considering the suitability
of each area for such uses, as indicated by existing conditions, trends
in population and mode of living and future needs for various types
of land development, and to achieve the purposes more particularly
described as follows:
A.Â
Development of this chapter was driven by several goals identified
in the 2007 Comprehensive Plan with balance among several objectives:
B.Â
To provide adequate light, air and privacy.
C.Â
To prevent the overcrowding of land and undue concentration of population.
D.Â
To provide the beneficial circulation of traffic throughout the City,
having particular regard to the avoidance or lessening of congestion
in the streets.
E.Â
To secure safety from fire, flood and other dangers.
F.Â
To protect and conserve the existing or planned character of all
parts of the City and thereby aid in maintaining their stability and
value and to encourage the orderly and beneficial development of all
parts of the City.
G.Â
To provide a guide for public policy and action that will facilitate
economical provision of public facilities and services, and for private
enterprise in building development, investment and other economic
activity relating to uses of land and buildings throughout the City.
H.Â
To minimize conflicts among uses of land and buildings and to bring
about the gradual conformity of uses of land and buildings throughout
the City to the Comprehensive Plan herein set forth.
I.Â
Pursuant to and in accordance with the provisions of § 20,
Subdivision 24, of the General City Law, to regulate and limit the
height, bulk and location of buildings hereafter erected, to regulate
and determine the area of yards, courts and other open spaces, and
to regulate the density of population in any given area, and for said
purposes to divide the City into districts. Such regulations shall
be and are intended to be uniform for each class of buildings throughout
any district, but the regulations in one or more districts may differ
from those in other districts. Such regulations shall be and are intended
to be designed to secure safety from fire, flood and other dangers
and to promote the public health and welfare, including, so far as
conditions may permit, provision for adequate light, air and convenience
of access. Such regulations shall be, and are intended to be, made
with reasonable regard to the character of buildings erected in each
district, the value of land and the use to which it may be put, to
the end that such regulations may promote public health, safety and
welfare and the most desirable use for which the land of each district
may be adapted and may tend to conserve the value of buildings and
enhance the value of land throughout the City.
J.Â
Pursuant to and in accordance with the provisions of § 20,
Subdivision 25, of the General City Law, to regulate and restrict
the location of trades and industries and the location of buildings,
designed for specified uses, and for said purposes to divide the City
into districts and to prescribe for each such district the trades
and industries that shall be excluded or subject to special regulation
and the uses for which buildings may not be erected or altered. Such
regulations shall be and are intended to be designed to promote the
public health, safety and general welfare and shall be and are intended
to be made with reasonable consideration, among other things, to the
character of the district, its particular suitability for particular
uses, the conservation of property values and the direction of building
development, in accord with a well-considered plan.
For the purposes of this chapter, certain words and terms used
herein are hereby defined as follows:
A.Â
All words used in the present tense include the future tense.
B.Â
All words in the singular number include the plural number and vice
versa.
C.Â
The word "person" includes corporations and all other legal entities.
D.Â
The words "lot," "plot," "parcel," "tract of land" and "premises"
shall include one another.
E.Â
The word "premises" shall include the land and buildings thereon.
F.Â
The word "building" shall include "structure" and vice versa.
G.Â
"Occupied" or "used" shall be considered as though followed by the
words "or intended, arranged or designed to be used or occupied,"
unless the natural construction of the wording indicates otherwise.
H.Â
The word "shall" is mandatory and not directory.
I.Â
The word "City" means the City of Oneonta and, depending on the context,
the geographic area.
J.Â
The term "City Council" or "Council" means the Common Council of
the City.
K.Â
The term "City Clerk" means the City Clerk of the City.
L.Â
The term "Board of Appeals" means the Zoning Board of Appeals of
the City.
M.Â
The term "Planning Commission" means the Planning Commission of said
City.
N.Â
The term "Enforcement Officer" means the Code Enforcement Officer
of the City.
O.Â
The term "City Plan" or "Comprehensive Plan" means the plan which
may be adopted pursuant to § 35 of the General City Law.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
To discontinue a use.
Any person 18 years of age or older.
A sexually explicit business which features live performances or graphic depictions, such as but not limited to print or film, of persons appearing in a state of nudity and/or engaging in sexual activities. See also Chapter 58, Adult Uses.
A narrow service street or passage between properties or
buildings.
To change, rearrange, enlarge or decrease the structural
parts or size or the exit facilities of a structure or to move a building
from one location or position to another.
A facility providing animal medical care, run by a licensed
doctor of veterinary medicine (DVM). Animal hospitals allow overnight
animal patients and may be boarding facilities as a secondary use.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include cellular, paging and
personal communication services (PCS).
A room or suite of two or more rooms designed or used solely
as a residence in a building not used as a dormitory, hotel, rooming
house or boardinghouse.
See "dwelling, multifamily."
Two or more multifamily dwellings detached and grouped together
on a single parcel, and including accessory uses.
A private frontage for retail use wherein the facade is a
colonnade supporting habitable space that overlaps the sidewalk, while
the facade at the sidewalk level remains at the frontage line.
An ornamental roof-like protective cover over a door, entrance,
window or outdoor service area that projects from the face of a structure
and is constructed of durable materials, including but not limited
to fabrics and/or plastics.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption as permitted by
the New York State Liquor Authority. The incidental sale or provision
of food or snacks shall not entitle such a use to be considered a
restaurant under other provisions of this Code. Synonyms include:
tavern; saloon; barroom; pub; watering hole; drinking hole; gin mill;
taproom.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
An owner-occupied residence which is rented to transient, paying customers, for a period of four or fewer continuous days, with no more than five guest rooms, each with a maximum occupancy of two persons per room, and without cooking facilities in guest-occupied rooms. All bed-and-breakfasts are subject to regulations found in § 300-33.
An earthen mound designed to provide visual interest, screen
undesirable views and/or decrease noise.
Any reservation and/or payment service provided by a person
or entity that facilitates a short-term rental transaction between
an owner or business entity and a prospective tourist or transient
user, and for which the person or entity collects or receives, directly
or indirectly through an agent or intermediary, a fee in connection
with the reservation and/or payment services provided for the short-term
rental transaction.
[Added 9-10-2020 by Ord. No. 2-2020]
See "rooming house."
A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other and/or to protect wildlife habitats, wetlands, stream corridors and other significant environmental features. Buffer areas are subject to the regulations found in § 300-52.
A structure, wholly or partially enclosed within exterior
walls and a roof or within exterior and party walls and a roof.
A subordinate building, the use of which is incidental to
that of the main building and located on the same parcel. Examples
of such structures include sheds, residential garages, or greenhouses.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The width of a building facing a street or public parking
lot; in the case of a corner lot, both streets are considered frontage.
The vertical dimension measured from the average elevation
of the finished grade adjoining the exterior walls of a building to
the highest point of the roof for flat roofs, to the deck-line of
a mansard roof and to the average height between the plate and ridge
of a gable, hip or gambrel roof.
See "setback line."
Multistory building which includes both residential and commercial
uses, integrated in a compatible fashion. A typical mixed-use structure
would have retail, services or offices on the first floor and offices,
residences, and/or studios on the upper floors.
See "use, nonconforming."
A building that is divided into offices, either single or
suites, for the transaction of business other than retail or manufacturing.
A permit issued by the Code Enforcement Officer stating that
the proposed use of a building, or of a lot, lots, or portions of
a lot, conforms with the uses permitted and all other requirements
under this chapter for the district in which it is located, and stating
that all construction, relocation or extension of buildings are in
compliance with the provisions of this chapter, § 1203.3(b)
of the New York State Uniform Code, and with the New York State Fire
and Building Code and other regulations.
A building utilized for the primary use of the parcel. Principal buildings are subject to the regulations found in § 300-49.
Any building or structure used for municipal, civic, ecclesiastical,
recreational or other purposes not used for private enterprise.
That portion of the lot upon which a building is to be placed
or already exists, including adequate areas for sewage disposal, clearances,
proper drainage, appropriate easements, and, if applicable, the requirements
of other chapters of the Code of the City of Oneonta.
See "nightclub."
The unit for measuring the maximum intensity of light energy
emitted by a directional lamp.
See "awning."
See "residential care facility."
A business with a tunnel and/or bay-type structure designed
primarily for the washing and/or cleaning of motor vehicles, either
on an assembly-line basis or utilizing manual labor.
A story partly underground and having 1/2 or more of its
clear height below finished grade. A cellar shall not be counted as
a story in determining the building height.
See "telecommunications facility."
Property used for the interring of the dead.
A document issued by the Code Enforcement Officer signifying
that a parcel of land is being used in a lawful manner with respect
to the provisions of this chapter and in accordance with § 1203.3(c)
of the New York State Uniform Code.
A document issued by the Code Enforcement Officer signifying
that a rental property is being used in a lawful manner with respect
to all applicable codes.
See "place of worship."
The City of Oneonta, New York.
The duly appointed City Engineer or person duly acting as
such.
An organization catering to members and their guests for
recreational, athletic or social purposes.
A nonprofit social organization whose premises are restricted
to its members and their guests.
An institution of higher education which may or may not be
part of a larger university. Includes all accessory uses.
See "telecommunications co-location."
A plan approved by the Common Council, which indicates the
general locations recommended for the various functional classes of
public work, places and structures and for the general physical development
of the City, and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
A condominium, or condo, is the form of housing tenure and
other real property where a specified part of a piece of real estate
(usually of an apartment house) is individually owned while use of
and access to common facilities in the piece such as hallways, heating
system, elevators, exterior areas is executed under legal rights associated
with the individual ownership and controlled by the association of
owners that jointly represent ownership of the whole piece.
An enclosed parcel of land, structure(s) or a combination
thereof used for the storage of machinery, equipment and nonhazardous
materials required for construction.
Small commercial establishment specializing in the sale of
self-service gasoline and articles such as food products, over-the-counter
drugs, tobacco products, magazines, candy, beverages and similar convenience
items.
A large civic building or group of buildings designed for
conventions, trade shows, and the like, having large unobstructed
exhibit areas and often including conference rooms, hotel accommodations,
restaurants, and other facilities.
An open unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings.
See "dead-end street."
Any building, room or area with a minimum area of 400 square
feet and designed or utilized primarily for the presentation to the
general public of live theater, dance performances, musical concerts,
cinema, lectures, exhibits of various art forms or exhibits of cultural,
historic, academic or scientific material.
The mean street grade established by municipal code or, in
the absence of an established grade, the mean level of the existing
curb or of the lot at the street line.
A place other than an occupied family residence, providing
care for children during the day in keeping with the laws of the State
of New York.
A street or portion of a street with only one vehicular traffic
outlet.
Legal language recorded in an instrument in the chain of
title for a lot, which describes, specifically, limitations or restrictions
on the use of the property.
The required land area for each dwelling unit (DU) within
a given parcel of land, such as a minimum density of 2,000 square
feet of land area for each dwelling unit.
A regulation used to determine the measure of the quantity
of a particular use allowed at a particular location.
Any man-made change to improved or unimproved real estate.
To stop or change a use. The intent of the owner(s) to continue
that use shall not be a factor in determining whether or not a use
has discontinued.
A building or structure used primarily for the storage of
goods which are intended for subsequent shipment to retail or other
commercial outlets.
A place of residence that is occupied and maintained for
persons enrolled in a college, university or other educational institution
and which is recognized and subject to ownership or leasehold interest
controls by such educational institution.
See "drive-through facility."
A use or portion of a use which encourages or permits customers to receive a service or obtain a product while staying in a motor vehicle on the premises. All drive-in facilities are subject to the regulations found in § 300-42.
A private roadway giving access from a public roadway to
a parcel.
An establishment used to collect, distribute and process
articles made of fabric through dry cleaning, pressing, dyeing or
stain removal.
An establishment used primarily to collect and distribute
articles to a dry-cleaning facility.
A building or portion thereof used as a residence.
See "townhouse or townhome."
A dwelling having no party wall in common with another building.
A building or portion thereof containing three or more dwelling
units designed or used for occupancy by three or more families living
independently of each other. A lot or parcel containing such use may
contain one or more buildings. Various commercial uses, including
but not limited to salons, restaurants, dry cleaning, self-storage,
or retail, that are accessory to this primary use, shall be permitted
wherever the primary use is permitted. Such an accessory use must
be located on the same property as the primary use.
A single-family dwelling separated by a party wall from only
one adjacent dwelling unit.
A building containing one dwelling unit.
A building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family, including equipment for cooking, living
and sleeping purposes and provisions for the same. See "dwelling."
An accessory use involving a separate and complete dwelling unit either in or added to an existing single-family dwelling, or a separate accessory building on the same lot as the principal dwelling, intended to provide supplementary housing and not to exceed 35% of the primary structure or occupancy of more than two persons. Accessory dwelling units are subject to the regulations found in § 300-41.
The authorization by a property owner for a specified use
of part of the property by another party.
For the purpose of determining off-street parking requirements,
the greatest number of persons to be employed during any one work
period, day or night. Full-time employees include those persons who
work full-time, as determined by the employer (generally 35 to 40
hours per week), and are entitled to benefits such as paid sick leave,
vacation, and insurance coverage. Part-time employees are those persons
scheduled to work less than full-time, as determined by the employer,
and may receive some benefits. Temporary employees work either full-
or part-time, but are generally hired for a specific project or finite
period of time (i.e., peak season), and do not receive employer benefits.
A person licensed as a professional engineer by the State
of New York.
A direct entrance from a public way to a habitable or tenantable
space.
One of the following:
A single person.
Two or more people, related by blood, marriage, or legal adoption,
occupying a single dwelling unit.
Two or three people, not necessarily related by blood, marriage
or legal adoption, occupying a single dwelling unit.
Four or more people occupying a single dwelling unit and living
together as a functional family unit.
An occupied family residence providing care for children
during the day in keeping with the laws of the State of New York.
Includes group family day-care homes.
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family. Such presumption can be rebutted by a determination by the
Zoning Board of Appeals that said persons constitute a functional
family.
Before making a determination whether a group of more than three
unrelated persons constitutes a family for the purpose of occupying
a dwelling unit, the Zoning Board of Appeals shall hold a public hearing,
after public notice, as is normally required for the obtaining of
a variance. The fee for such an application shall be the same as is
required for an application for a variance. Said application shall
be on a form provided by the Zoning Board of Appeals or the Code Enforcement
office.
In determining whether or not a group of unrelated individuals
is a functional family unit, as defined in this chapter, the following
criteria must be present:
The occupants must share the entire dwelling unit. A unit in
which the various occupants act as separate roomers cannot be deemed
to be occupied by a functional family unit.
The household must have stability with respect to the purpose
of this chapter. Evidence of such stability may include the following:
The presence of minor, dependent children regularly residing
in the household.
Proof of the sharing of expenses for food, rent or ownership
costs, utilities and other household expenses and sharing in the preparation,
storage and consumption of food.
Common ownership of furniture and appliances among the members
of the household.
Enrollment of dependent children in local schools.
Employment of householders in the local area.
A showing that the household has been living together as a unit
for a year or more, whether in the current dwelling unit or other
dwelling units.
Any other factor reasonably related to whether or not the group
of persons is the functional equivalent of a family.
The following presumptions, individually or together, may also
be sufficient to find that tenants within a rental dwelling unit are
renting as individuals and not as a functional family:
If the lease or rental agreement to the premises makes each
occupant jointly and severally liable for the performance of said
lease;
If the lease or rental agreement to the premises holds any parent
or relative of the occupant as a guarantor of the lease;
If the lease or rental agreement to the premises makes the rent
payable in advance for a period of time consistent with the semester
schedule of the local colleges or commencing in January or August
of the year and terminating in May or December of the year.
The presumptions set forth above may be rebutted by sufficient
evidence of the characteristics of the occupants as a traditional
family.
A structure bounding an area of land designed to either limit access to the area or to screen such area from view, or both. The term "fence" shall include tennis court enclosures, backstops, and similar structures. Fences, walls and other structural screening elements are subject to the regulations found in § 300-58.
A drawing, in final form, containing all information or details
required by law and by these regulations to be presented to the Planning
Commission for approval and which, if approved, may be duly filed
or recorded by the applicant in the office of the City Clerk.
As defined by the New York State Uniform Fire Prevention
and Building Code.[1]
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The Flood Boundary and Floodway Map delineates a
regulatory floodway along watercourses studied in detail in the Flood
Insurance Study.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
and Floodway Map and the water surface elevations of the base flood.
The flood elevation that has a one-percent chance of being
equaled or exceeded each year (the one-hundred-year flood could occur
more than once in a relatively short period of time).
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water; or abnormally high tidal water
or rising lake waters resulting from severe storms, hurricanes or
tidal waves.
That maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years (i.e., that has a one-percent
chance of flooding each year).
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and land use and control
measures.
A land area adjoining a river, stream, watercourse, ocean,
bay or lake, which is likely to be flooded according to United States
Geological Survey (USGS) data.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
The one-hundred-year flood elevation.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
For determining off-street parking requirements, unless otherwise
specifically indicated, the gross floor area contained within the
exterior building walls, excepting parking space supplied within the
building, and further excepting basement area used solely for storage
or accessory purposes.
A building used by a college fraternity, sorority, chapter
or membership association house as a principal place of residence
for its members. Such house shall have an affiliation with the State
College at Oneonta ( SUNY Oneonta) or Hartwick College, or a postsecondary
college or university accredited in New York State that operates campus
facilities in the City of Oneonta. Affiliation shall be through the
recognition of membership of the resident fraternity or sorority in
associations or councils recognized by a college or university or
from an official written statement provided by an agent or officer
of the above referenced institutions verifying the affiliation and
recognition of the fraternity, sorority, chapter or membership association
house.
[Amended 2-26-2020 by Ord. No. 1-2020]
See "lot width."
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
A building or portion thereof designed or used for a business
in which motor vehicles are on display, for sale or housed for repair
or storage.
A building accessory to a residential structure designed
or used for the storage of motor vehicles and used in no manner as
a commercial repair garage or gasoline sale station.
The sale of personal property conducted in or near a residence. The term shall include garage sales, lawn sales, porch sales, patio sales, rummage sales or other similar sales which are advertised by a sign or other means for the public to attend. Garage sales are subject to the requirements of § 300-46.
See "convenience store."
A facility consisting of at least nine par-three holes, as
distinguished from golf driving ranges and miniature golf courses.
The permanently established elevation of the center-line
of a street in front of the midpoint of the lot.
The elevation of the completed surfaces of lawns, walks and
roads adjoining a building wall at any point.
Any structure, as part of a commercial operation, used for
the propagation and culture of plants.
Any nonimpervious vegetated surface.
An area where the average slope of the land is 15% or greater.
The use of a portion of a dwelling unit or an accessory building, by an occupant of the dwelling unit, which is clearly incidental, accessory and secondary to the residential use of the property. An occupant must be the principal practitioner of the home occupation. All home occupations are subject to the regulations found in § 300-31 and are regulated as either Class A or Class B home occupations. Family day-care homes are not subject to home occupation regulations.
An establishment primarily engaged in providing temporary
or transitional residential care, room, board, supervision, information
and/or referrals to homeless persons voluntarily seeking such service.
An organization of residential property owners who contractually
agree to provide, reserve and maintain commonly owned facilities and/or
open space in a development in accordance with New York State law.
An institution providing medical or surgical treatment such
as emergency medical, diagnostic, and laboratory services on an inpatient
and outpatient basis.
A person or entity that participates in the short-term rental
business by providing, and collecting or receiving a fee for, booking
services through which an owner may offer a residential dwelling unit
for tourist or transient use. Hosting platforms usually, though not
necessarily, provide booking services through an online platform that
allows an owner to advertise the residential dwelling unit through
a website provided by the hosting platform and the hosting platform
conducts a transaction by which potential tourist or transient users
arrange tourist or transient use and payment, whether the tourist
or transient pays rent directly to the owner or to the hosting platform.
[Added 9-10-2020 by Ord. No. 2-2020]
A building, or any part thereof, which contains 15 or more
living and sleeping accommodations for paid transient occupancy, with
common exterior entrance or entrances, and which may or may not include
dining facilities. The term "hotel" shall not include "motel," "inn,"
"bed-and-breakfast," "boardinghouse" or similar accommodations.
See "outdoor furnace."
The horizontal area of ground covered by a surface through
which water cannot infiltrate, such as buildings, asphalt driveways,
sidewalks, patios, or parking areas.
A building, or any part thereof, which contains more than
four and less than 15 living and sleeping accommodations for paid
transient occupancy. The facility may have accessory uses such as
a restaurant or a bar.
Any organization founded for the purposes of furthering education,
including, but not limited to, colleges and universities.
Discarded or scrap material or products.
A place for storing, buying or selling junk, excluding garbage
dumps and sanitary fills.
All kennels are subject to the regulations found in § 300-38. The term "kennel" includes both of the following:
Any establishment for the boarding, training, or breeding of
dogs or cats for which a fee is charged. Such establishments may include
incidental grooming or sale of pet supplies.
Any lot smaller than one acre where four or more dogs or cats,
not including dogs or cats under six months of age, are kept for any
purpose. Owning and/or keeping four or more dogs or cats as described
is regulated the same way as a commercial kennel, even if it is a
personal activity and is not done for money.
That area of a site plan not consisting of structures or
pavement. Landscaped area shall consist of those areas on a site plan
that are planted, seeded or provide similar vegetative or landscaped
cover, including water features.
Materials, including without limitation grass, ground cover,
shrubs, vines, hedges or trees and nonliving natural materials commonly
used in outdoor design.
A person licensed as a land surveyor by the State of New
York.
See "laundry, self-service."
A business establishment providing clothes washers and dryers
for hire to be used by customers on the premises and may also include
washing and folding service for a fee.
A security which may be accepted as a guaranty of a requirement
that certain improvements be made before the Code Enforcement Officer
issues a certificate of occupancy, including escrow agreements and
other similar collateral and surety agreements acceptable in form
and amount to the City Attorney and City Engineer and approved by
the Common Council.
A building specifically designed to mask a parking lot or
parking structure. These buildings are occupied and generally include
commercial uses that activate the streetscape.
See "rooming house."
Any picture, shape or drawing, with or without letters or
words, used to identify a product, service, business or organization.
Land occupied or to be occupied by one principal building
and any buildings accessory thereto or by a group of principal buildings,
together with such open spaces as are required under the provisions
of these regulations, having not less than the minimum area and width
required by this chapter.
A lot, the rear boundary of which abuts on the side lot line
of an adjacent lot.
Any lot which does not conform with the minimum area and/or
dimensions required in the zone district where such a lot is situated.
Any change in the dimension or orientation of a lot line
not resulting in or constituting subdivision or resubdivision as defined
herein, where there is no increase in the number of lots.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
The aggregate percentage of the lot area covered by buildings
or structures.
The mean horizontal distance between the front and rear lot
lines, measured at right angles to the front lot line.
The established division line between different parcels of
property.
The width measured between side lot lines measured at the
front lot line.
A building used for the purpose of fabricating metal parts
for various applications. For the purposes of uses permitted by district,
such a use shall be considered light manufacturing.
A building or collection of buildings used for the purposes
of selling, servicing and repairing machinery and transportation equipment.
For the purposes of uses permitted by district, such a use shall be
considered heavy manufacturing.
See "modular home."
Any factory, shop, yard warehouse, mill or other nonresidential premises utilized in whole or in part for the processing, preparation, production, containerizing, and associated storage or distribution of goods, wares, commodities, parts, materials, electricity and the like. The processing, preparation and production activities customarily deal with man-made or raw materials and other manufactured items which are altered, restored or improved by the utilization of biological, chemical or physical actions, tools, instruments, machines or other such similar natural, scientific or technological means. "Manufacturing" shall also include the handling of any waste products and materials. These uses are likely to generate significant levels of truck traffic, noise, pollution, vibration, dust, fumes, odors, radiation, radioactivity, poisons, pesticides, herbicides, or other hazardous materials, fire or explosion hazards, or other undesirable conditions, all of which are subject to the performance standards found in § 300-63. Manufacturing processes and treatments include but are not limited to operations such as mixing, crushing, cutting, grinding and polishing; casting, molding and stamping; alloying and refining; assaying, cleaning, coating and printing; and assembling and finishing.
A facility which manufactures, designs, assembles, or processes
a product for wholesale or retail from previously prepared materials,
parts, or finished products. Such operations are characterized as
lower in intensity, cleaner, and generally more compatible when located
adjacent to commercial and residential areas than are heavy manufacturing.
(See "manufacturing, heavy.") Light manufacturing operations have
limited external effects of the manufacturing or assembly process,
such as odors, vibrations, emissions, or other nuisance characteristics
through prevention or mitigation devices and conduct of operations
within the confines of buildings. Typical items for processing, fabricating,
assembly, or disassembly under this use include but are not limited
to apparel, food, drapes, clothing accessories, bedspreads, decorations,
artificial plants, jewelry, instruments, computers, and electronic
devices. Also includes machine shops. (See "machine shop.")
The sense of bulk, size, and shape of a structure, usually
perceived by reference to the surrounding space and nearby structures
and natural features such as trees.
The maximum number of persons allowed in an assembly structure
or portion thereof as determined by the City of Oneonta Code Enforcement
office.
The integration of residential and commercial uses vertically
in the same building or horizontally in adjacent buildings.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode is eight feet or more in width or 40 feet
or more in length, or, when erected on site, is 320 square feet minimum,
constructed on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning and electrical
systems contained therein. The term "mobile home" shall not include
travel trailers or any self-propelled recreational vehicle.
A mobile home consisting of two sections, combined at the
site, with a combined width of no less than 20 feet, while still retaining
their individual chassis for possible future movement and complying
with Part 1210 of Title 19 of New York State Codes, Rules and Regulations;
excluding, however, travel trailers, motorized homes, recreational
vehicles, pickup coaches and camping trailers. This definition does
not include modular or manufactured homes as defined by this code.
A parcel of land where two or more mobile homes are parked or which is planned and improved for the placement of mobile homes by the public. Mobile home parks are subject to the regulations found in § 300-35.
Any home constructed of pre-made parts and unit modules that
are transported on a flatbed truck from the factory to the building
site where they are permanently anchored onto a foundation. Modular
homes are subject to the local building codes where they are constructed
and to the regulations of whichever style of home they are designed
to be, i.e., single-family home, multifamily home, etc.
See "place of worship."
A building or group of buildings containing 15 or more living
and sleeping accommodations for paid transient occupancy, each unit
of which has a separate exterior entrance and parking space, and which
is used principally by motor vehicle travelers. The term "motel" shall
include "motor lodge," "motor inn," "tourist cabins" or similar accommodations.
Engine repair, body work, frame straightening, painting, upholstering, steam cleaning, electrical work, tune-ups and all other vehicle repair services not specifically listed in the definition of motor vehicle service stations. Motor vehicle repair establishments are subject to the regulations found in § 300-37.
Any building, land area or other premises used for the display or sale of new or used automobiles, motorcycles, trucks, trailers or boats, but not including any repair work conducted as an accessory use on such premises. Motor vehicle sales establishments are subject to the regulations found in § 300-37.
All motor vehicle service stations are subject to the regulations found in § 300-37.
Any building, land area or other premises, or portion thereof,
used or intended to be used for any one or a combination of the following
activities:
Retail dispensing or sales of motor vehicle fuels, coolants
or lubricants, including oil changing and chassis lubrication where
substantial disassembly is not required.
Hand- or machine-washing in a motor vehicle wash.
Incidental repair or replacement of parts, such as windshield
wiper blades, light bulbs, air filters, oil filters, batteries, belts,
tires, fuses, lubrication of vehicles, and the like.
Motor vehicle wrecking, repair, parking or storing of motor
vehicles for hire, and the operation of more than one towing vehicle,
shall not be deemed permissible accessory uses of a motor vehicle
service station.
See "car wash facility."
Multifamily residential developments proposed to consist
of more than one principal building on one parcel of land.
A residential development or mixed-use development where
the primary use is residential housing.
Small retail establishment, specializing in the sale of articles
such as food products, over-the-counter drugs, tobacco products, magazines,
candy, beverages and similar convenience items.
Any room, space, or premises operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served subject to the regulatory authority of the New York State Liquor Authority, and where the provision of entertainment is the primary activity. Background music, provided in accord with Chapter 178, Noise, shall not be considered as a form of entertainment. Synonyms include: club; nightspot; disco; social establishment; cabaret; dinner theater. Nightclubs are subject to the regulations found in § 300-36.
See "residential care facility."
An area or areas of a lot, including required yards, which
are:
Open and unobstructed from ground to sky; and
Landscaped, maintained or otherwise treated to create a setting
appropriate for recreation or relaxation; and
Accessible and usable by the general public, business patrons
or residents of all dwellings or stores it is intended or required
to serve.
An area of land and/or water within a site designed and intended
for the use or enjoyment of residents of a development. Common open
space may contain such accessory improvements as are necessary and
incidental to the use of the common open space by the residents of
the development.
An establishment providing health care services such as physicians'
offices, urgent care, laboratory facilities or minor surgery to ambulatory
patients.
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat and/or hot water for any interior space. Outdoor furnaces are subject to the regulations found in § 300-43.
The outdoor accumulation of manufactured products, raw materials, debris, waste or the keeping of one or more pieces of moveable equipment. Outdoor storage shall not include the keeping of recreational goods, including, but not limited to, lawn chairs, canoes, or bicycles. Outdoor storage of materials are further subject to the regulations set forth in § 300-60.
An additional layer of regulations related to specific environmental
or historical constraints such as floodplain boundaries, historic
landmarks, historic structures, or wetlands that supersede the restrictions
of the underlying zoning district.
A building site prepared by artificial means, including grading,
excavation or filling or any combination thereof.
Any concave, circular or dish-shaped device designed for receiving communication or television signals. Parabolic or dish-type antennas are subject to the regulations found in § 300-45.
Any place, lot, parcel, or yard used in whole or in part
for storing or parking motor vehicles under the provisions of this
chapter.
Parking accommodations off the street that may consist of open-air parking lots, garages or other structures. They may be surface facilities or facilities above or under the ground; they may be separate or may be a part of a structure principally designed and used for another purpose. Off-street parking arrangements are subject to the regulations found in § 300-61.
A multistory commercial structure, unenclosed in whole or
in part, publicly or privately operated, designed for parking motor
vehicles.
A person who occupies a property within 60 days of purchase
with intent to establish that property as their primary residence.
A permanent resident must occupy a primary residence for at least
270 days per year.
[Added 9-10-2020 by Ord. No. 2-2020]
An individual, proprietorship, partnership, corporation,
association or other legal entity. In the case of parking requirements,
the term "person" shall refer to an individual only.
Any real property designed and used for the purpose of renting
or leasing individual storage space to users who access the facility
to store and remove personal property.
A building and its accessory buildings where people regularly
assemble for religious worship, maintained and controlled by a religious
organization.
A development in accordance with a single plan for compatible land uses, subject to the rules and regulations of § 300-15 of this chapter.
The Planning Commission of the City of Oneonta
A map, drawing, or rendering of a subdivision.
The preliminary drawings indicating the proposed layout of
the subdivision to be submitted to the Planning Commission for its
consideration.
A drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in Article VIII of this chapter, submitted to the Planning Commission for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Commission of the layout of the proposed subdivision.
The permanent resident's usual place of return for housing
as documented by at least three of the following: motor vehicle registration;
driver's license or equivalent identification card; voter registration;
or tax documents showing the residential unit as the permanent resident's
residence for the purposes of a home owner's tax exemption. A person
may have only one primary residence.
[Added 9-10-2020 by Ord. No. 2-2020]
See "lot lines."
See "bar."
Any facility or related equipment, including but not limited
to all lines, pipes, transformers, poles, etc., performing an essential
public service and subject to special governmental regulation. Nonessential
components of public utility operations, such as general storage and
maintenance facilities, are excluded from this definition.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, alleys, and parks, as well as the interior
and areas surrounding public buildings.
A space designed and used for active and passive participatory
athletic and general recreation activities.
A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses and not for year-round living. Recreational vehicles are subject to the regulations found in § 300-56.
A parcel intended for transient recreational vehicle users
who wish to occupy their vehicles. The maximum permitted stay at a
recreational vehicle park is two weeks. The operators must provide
utilities for convenience, safety, and sanitation.
Indoor business primarily devoted to the amusement of the
general public such as theaters, bowling alleys, skating rinks, indoor
amusement arcades and health clubs. Incidental food service may be
included.
Outdoor business primarily devoted to the amusement of the
general public such as tennis courts, driving ranges and miniature
golf. Incidental food service may be included.
A building or portion thereof wherein lodging and custodial
care are provided to three or more persons who are mentally or physically
disabled, bedfast, chronically ill or convalescing, excluding hospitals,
clinics or similar institutions devoted primarily to the diagnosis
and treatment of disease or injury and/or providing surgical and obstetrical
services or asylums for the insane. This term includes nursing homes,
adult homes, assisted living facilities, long-term care facilities,
homes for the mentally or physically disabled, convalescent homes
for children, homes for prenatal care and the like. Various commercial
uses, including but not limited to salons, restaurants, dry cleaning,
self-storage, or retail, that are accessory to this primary use shall
be permitted wherever the primary use is permitted. Such an accessory
use must be located on the same property as the primary use.
An establishment primarily engaged in serving meals to guests
for compensation and which has suitable kitchen facilities connected
therewith. See "bar."
Revision of all or part of an existing filed plat.
Any building or structure in which one or more articles of
merchandise, commerce or services are provided, including, but not
limited to, department stores, banks, salons, insurance sales, clothing
and accessory stores, grocery stores, pharmacies, and boutique/gift
shops. Such uses, as permitted by the Bulk and Use Tables,[2] may include an individual business, a building with multiple
businesses, or a parcel with multiple retail buildings.
A building, other than a hotel, fraternity, sorority, dormitory,
chapter house or membership association house, where lodging with
or without meals for four or more roomers or boarders or guests is
provided for compensation or where lodging is provided for four or
more unrelated individuals within a single dwelling unit or where
lodging is provided for three or more boarders, roomers or lodgers
residing with a single family in a single dwelling unit. The term
"rooming house" shall include "boardinghouse" and "lodging house,"
and shall not include accommodations used for short-term rentals.
See "short-term rental."
See "junkyard."
A public preschool, elementary school, middle school, or
high school, or any private school having a curriculum equivalent
to and substantially the same as any public school.
The treatment or storage of fragments of metal discarded
as waste in manufacturing operations, or machines, tools or equipment,
or other metal parts.
For the purpose of determining off-street parking requirements,
the seating capacity of a particular room or a hall in a building,
as determined by the specifications and plans, whether fixed or removable
seating; in the event that individual seats are not provided, each
18 inches of benches, bleachers, pews or similar seating accommodations
shall be considered as one seat for the purpose of this chapter.
The distance from the street line to the part of the structure
nearest the street, measured at right angles to the street line, not
including cornices or open entrance hoods anchored to the building
without posts, which do not project more than three feet from the
building wall, nor retaining walls and fences, nor open entrance steps,
nor open terraces not more than two feet in height above the finished
grade and which do not project more than six feet from the building
wall. Setback requirements, as listed in the Bulk and Use Tables,[3] apply to the location of buildings, not driveways, parking
areas, or other landscaping treatments.
The least required horizontal distance between the front
lot line, or in instances where sidewalks are present or required,
from the interior sidewalk edge, and the principal building measured
at the shortest point.
The least required horizontal distance between the rear lot
line and the principal building measured at the closest point.
The least required horizontal distance between the side lot
line and the principal building measured at the closest point.
A grouping of retail goods and services businesses.
A tourist or transient use that has been issued a short-term
rental permit.
[Amended 9-10-2020 by Ord. No. 2-2020]
A seasonal outdoor seating area on public property adjacent to and operated and maintained by a restaurant for serving patrons of the establishment. See Chapter 241.
Any device, including those listed below, used to attract
attention to an entity.
ATTENTION-GETTING DEVICEAny item used to attract attention for promotion.
BANNERA piece of cloth, plastic or similar pliable material attached at one or more points to a pole, staff or other support.
FLAGAny fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity, or for decorative purposes.
SIGN, A-FRAMEA portable sign with two or more steeply angled sides.
SIGN, AWNINGAny sign that is a part of or attached to a structural protective cover.
SIGN, BUILDING DIRECTORYA sign listing the tenants or occupants of a building or group of buildings and that may indicate their locations.
SIGN, BUSINESS IDENTIFICATIONA sign which directs attention to an activity which is conducted, other than incidentally, on the premises upon which such sign is located.
SIGN, CHANGEABLE-COPYA sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign.
SIGN, DIRECTIONALAny sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
SIGN, FASCIASee "wall sign."
SIGN, FREESTANDINGA sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.
SIGN, GRAPHICA sign which is an integral part of a building facade. The sign is painted directly on, carved in or otherwise permanently embedded in the facade.
SIGN, GROUNDSee "freestanding sign."
SIGN, HOLIDAY DECORATIONTemporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.
SIGN, ILLUMINATED (DIRECTLY)A sign designed to give forth artificial light directly from a source of light within such a sign.
SIGN, ILLUMINATED (INDIRECTLY)A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs.
SIGN, MOBILESee "sign, portable."
SIGN, NEIGHBORHOOD IDENTIFICATIONA sign specifically used to identify a particular neighborhood, block or development.
SIGN, PERPENDICULARAny sign which is installed perpendicular to the street upon which the building fronts. This definition shall include side-wall-mounted wall signs, perpendicular hanging building signs, freestanding signs and pole signs.
SIGN, PLAZA DIRECTORYA sign listing the tenants or occupants of a commercial plaza and that may indicate their locations.
SIGN, POLEA sign that is mounted on a freestanding pole or other supports.
SIGN, POLITICALA temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election or caucus.
SIGN, PORTABLEA sign, whether on its own trailer, wheels or otherwise, designed to be mobile and not structurally attached to the ground, a building, a structure or another sign.
SIGN, ROOFA sign that is mounted upon the roof of a building.
SIGN, SANDWICHSee "A-frame sign."
SIGN, SEE-THROUGH LETTEREDLetters on a sign with transparent background, such as lettering on a window.
SIGN, TENANT IDENTIFICATIONA sign designed or intended to identify a tenant, occupant or establishment.
SIGN, VEHICLESigns displayed on licensed and registered motor vehicles which are used in conjunction with a business.
SIGN, WALLA sign attached to and erected parallel to the face of a building and supported throughout its length by such building.
SIGN, WINDOWA sign affixed on window material or located inside within four feet of the window, but not including graphics in connection with customary window displays of products.
SIGN, WINDOW, TEMPORARYA window sign not permanently affixed that does not identify the tenant, occupant or establishment and is limited to a maximum use of 120 days.
The entire area within a single continuous perimeter enclosing
the extreme limits of graphic elements together with any material
or color forming an integral part of the display or used to differentiate
the sign from the background against which it is placed. Structural
members bearing no sign copy shall be included.
Any lawfully preexisting sign that does not meet the requirements
of this article.
Possession wherein the owner does not own adjoining vacant
property.
The process by which the City reviews site plans for development
to ensure compliance with the Comprehensive Plan, Zoning Code and
other land development regulations.
A permit provided by the Planning Commission for a use or uses that are not permitted by right in a district, but are listed as requiring a special use permit, subject to the requirements of § 300-29.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a fuel-fired heating device or structure,
including that part of the structure extending above a roof.
See "hillside area."
That portion of a building between the surface of any floor
and the surface of the next floor above, and any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement or cellar shall not be counted.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
A public or private thoroughfare which affords the principal
means of access to abutting property, including traffic ways, between
right-of-way lines.
A street that serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to a major street.
The established boundary lines of the right-of-way of a street,
alley or public thoroughfare.
A street that serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic-generating areas.
A street that serves or is designed to serve primary access
to abutting properties.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way, measured at right angles to
the center line of the street.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
Includes anything constructed or erected, the use of which
demands a temporary or permanent location on the soil, or attached
to something having a temporary or permanent location on the soil.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either personally or on behalf of ownership, lessees or building development,
and shall include resubdivision.
The division of any parcel of land in the City into two or
more lots, plots, blocks or sites, with or without streets, and with
or without structures thereon, for the purpose of sale to the public
for residential use only. This also includes resubdivision of land
previously divided or platted in lots, sites or parcels; provided,
however, that the sale or exchange of parcels of land between adjacent
property owners where such sale does not create additional lots or
parcels of land shall not be considered a subdivision of land within
the purview of this definition.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any sized
subdivision requiring any new street or extension of municipal facilities.
Any subdivision which contains not more than four lots fronting
on an existing street; does not include any new street or road; does
not require the extension of municipal facilities; does not adversely
affect adjacent properties; and is not in conflict with any provision
of the Comprehensive Plan and Official Zoning Map of the City of Oneonta
or these regulations.
A receptacle of water having a depth at any point of more than 24 inches and a surface area of greater than 100 square feet, designed or intended for recreational purposes and including all associated equipment. All swimming pools are subject to the regulations found in § 300-40.
A swimming pool that is not open to the public.
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
See "place of worship."
The use of a parcel of land or of a building or part thereof
from which the business of a taxi or livery service is conducted.
See "bar."
The construction of facilities to house or support a telecommunications
tower so that the tower blends readily with the landscape, neighborhood
and adjacent architectural features. Examples of camouflaging are
silo and barn, windmill and simulated tree.
A provider of telecommunications service.
The use of a telecommunications tower by more than one carrier.
A structure on which transmitting and/or receiving antennas
are located for the transmission and/or reception of wireless telecommunications
services as defined in the Telecommunications Act of 1996.[4] This includes but is not limited to freestanding towers, guyed towers, monopoles and similar structures. It is a structure intended for transmitting and/or receiving telecommunications but, for the purposes of this chapter, excluding those either for fire, police or other dispatch communications or exclusively for private radio and television reception and private citizens' bands, amateur radio and other similar communications. Telecommunications facilities are subject to the regulations found in § 300-44.
As used in § 300-44, Telecommunications Facilities, a facility that serves the principal use and is subordinate in area, extent and purpose to the principal use. Examples of such facilities include base stations, transmission equipment and storage sheds.
Lattice tower supported by wire anchors onto which a telecommunications
device is affixed.
A single pole of variable cross section onto which telecommunications
devices are affixed.
Freestanding lattice tower onto which a telecommunications
device is affixed.
Performing job-related requirements using telecommunications
to transmit data and textual messages to the central organizational
office without being physically present.
Selling of retail items outdoors for a limited amount of
time for events such as sidewalk sales, open markets, art displays,
and festivals.
An occupant who temporarily holds or occupies land, a building
or other property owned by another.
Any use of a property for occupancy for less than a thirty-day
term of tenancy, or occupancy for less than 30 days of a property
for residential use leased or owned by a business entity not including
hotels, motels and bed-and-breakfasts as defined in this Code.
[Added 9-10-2020 by Ord. No. 2-2020]
A multifamily project of single-family dwelling units, which
may consist of one or more buildings, attached or detached, wherein
the real property title and ownership are vested in an owner having
an undivided interest with others in the common usage areas and facilities
which serve the project. Administration and maintenance of common
usage areas and facilities must be provided. Although units may share
party walls, each unit is situated on a different parcel of land.
For the purposes of this chapter, a condominium shall be considered
a townhouse or townhome.
A lot which is subdivided into privately owned parcels to
create a project of townhouse or townhome units, which may consist
of one or more buildings, attached or detached.
A development pattern that caters to the pedestrian, requiring
a walkable scale and a mix of residential and commercial uses similar
to a traditional village or city.
See "recreational vehicle."
Those plats existing at the time of the enactment of this
chapter that have been filed in the office of the County Clerk, where
20% or more of the lots within the plat are unimproved.
The purpose for which a parcel or structure is intended.
A use clearly incidental and subordinate to the principal
use, whether located in a principal or accessory building, and located
on the same lot therewith. In no case shall such accessory use dominate,
in area, extent or purpose, the principal lawful use or building.
A property whose principal use is to add value to material
using manufacturing processes.
A use of a building or of land that does not conform to the
use regulations of the district in which it is situated, but which
use existed and was lawful up to the time of the adoption of this
chapter. The term "nonconforming use" shall include uses previously
permitted as a matter of right and subsequently not permitted or permitted
only by special use permit.
The main use for which a building or lot is used or intended
to be used.
Any activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work. Temporary uses are subject to the regulations found in § 300-39.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Any individual or group that offers goods or services for
sale.
See "animal hospital."
A building designed or used for the storage of merchandise,
furniture or other commodities.
The buying or selling of goods, usually in bulk, for purchasers
other than end users.
The total area of any single windowpane or series of windowpanes
separated by mullions.
An open space unoccupied on the same lot with the main building,
extending the full width of the lot and situated between the front
line of the lot and the extreme front line of the building projected
to the side lines of the lot. The depth of the front yard shall be
measured between the extreme front line of the building and front
line of the lot. Covered porches shall be considered as part of the
main building and shall not project into a required front yard, whether
enclosed or unenclosed. The front yard depth or front setback requirement
for corner lots shall be applied to both frontages.
An open space on the same lot with a main building, unoccupied
except as hereinafter otherwise permitted, extending the full width
of the lot and situated between the rear line of the lot and the extreme
rear line of the building projected to the side lines of the lot.
The depth of the rear yard shall be measured between the rear line
of the lot, or the center line of the alley if there is an alley,
and the rear line of the building.
An open space unoccupied and unobstructed by buildings or
structures from the ground to the sky except for landscaping, fencing,
walls, driveways or parking located on the same lot with a main building
situated between the side line of the building and an integral projection
therefrom the adjacent side line of the lot line of the rear yard.
Districts for which the regulations governing the use of
and occupation of property are the same.
The officially established Zoning Board of Appeals of the
City of Oneonta.
The classification of lands as established in this chapter
and by the Zoning Map.