Town of Tully, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tully 11-8-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Adult uses — See Ch. 85.
Unsafe buildings — See Ch. 118.
Uniform construction codes — See Ch. 136.
Environmental quality review — See Ch. 149.
Flood damage prevention — See Ch. 162.
Subdivision of land — See Ch. 252.
Attachment 1 - Appendix A, Vision Triangle Attachment 2 - Schedule I, Schedule of Land Uses or Activities Attachment 3 - Schedule II, Area, Width, Yards, Coverage and Height Requirements Attachment 4 - Zoning Map Attachment 5 - Table of Zoning Map Amendments

§ 280-1 Title.

A new Chapter 280 of the Tully Code shall be known as the "Zoning Code of the Town of Tully," dated as of November 8, 2006.

§ 280-2 Purpose; repealer.

A. 
Pursuant to the authority conferred by Article XVI of the Town Law of the State of New York, and for each and every purpose specified in such article, the Town Board of the Town of Tully hereby repeals all of its existing zoning and related local laws, ordinance, resolutions, and amendments to them, and hereby enacts the following comprehensive Zoning Code regulating the location and use of buildings, structures and land for trade, commercial, residence, farming and other purposes, however not to include subdivision review and/or approval provisions unless and except as specifically provided herein.
B. 
This chapter is adopted generally for the following purposes:
(1) 
To promote the health, safety and general welfare of the community.
(2) 
To reduce congestion on streets and highways and prevent overcrowding of land.
(3) 
To avoid undue concentration of population.
(4) 
To facilitate the adequate provision of transportation, water, sewage disposal, schools, parks and other services.
(5) 
To consider and conserve the value of property.
(6) 
To establish zones wherein regulations concerning the use of land and structures, the density of development, the amount of open space that must be maintained, the minimum size of yards, the provision of parking, the control of lighting, signs and other provisions will be set forth to encourage the most appropriate development of the Town in accordance with the policies and objectives set forth in the Town's Comprehensive Plan.

§ 280-3 Compliance required.

Except as provided in this chapter, no building shall be erected, moved or altered, nor shall any building or land be used for any purpose except as is specifically permitted in the use district in which the building or land is located.

§ 280-4 Definitions.

A. 
Definitions in this section shall apply in the interpretation of this chapter. Except as indicated below, words used in this chapter shall have the meanings commonly attributed to them. Any doubts as to the precise meaning of words or terms shall be determined by the Board of Appeals.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A building located on the same lot as a principal building but clearly subordinate to the principal building and used for purposes that are related but incidental to those of the principal building.
ACCESSORY USE
A use of land or a building or a portion thereof that is customarily subordinate and incidental to the principal use of the land or building and located on the same lot as the principal use.
ADULT RESIDENTIAL CARE FACILITY
Residential facilities for adults where minimal medical care is provided on a twenty-four-hour basis for persons who are unable to live independently. Such land use includes an adult-care facility as defined in the New York State Social Services Law and which maintains a valid operating permit from NYS or the Onondaga County Department of Social Services. An adult residential care facility also includes retirement homes and communities which provide residences for the elderly with some supportive services. (See also "retirement community.")
ADULT USE
As defined in Chapter 85, Adult Uses.
AGRICULTURAL USE
A parcel of land that is used in the raising of agricultural products such as crops, livestock, poultry and dairy products and meeting the minimum standards for farming operations as established by the State Agriculture and Markets Law. A farm includes structures necessary to the production, storage, maintenance and care of agricultural products and equipment. A farm.
ALTERATION
As applied to buildings or structures, a change or rearrangement in the structural parts or in existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or moving from one location to another.
ANTENNA
A system of electrical conductors that transmits or receives radio frequency waves. Such waves shall include but not be limited to radio-navigation, radio, television, wireless and microwave communications. The frequency of these waves generally range from 10 hertz to 300,000 megahertz.
AREA LIGHT
Light that produces over 1,800 lumens including, but not limited to, streetlights, parking lot lights and yard lights.
BASEMENT
That habitable space of a building that is partly below grade and has six feet or more of its height, on average, above the finished grade around the building. (See also "story.")
BED-AND-BREAKFAST
An owner-occupied, one-unit dwelling within which overnight accommodations are provided for transient guests in compliance with the NYS Uniform Building Code, and generally including the serving of breakfast to guests.
BUFFER STRIP
A strip of land generally adjacent to a property line, on which a screen of landscaping that will be dense enough and high enough to be a visual buffer is installed and maintained by the property owner.
BUSINESS, MANUFACTURING
A commercial activity characterized by the production of goods, by the fabrication of raw materials or the assembly of parts, generally through the use of machinery, for the main purpose of off-premises sale to other manufacturers or nonretail purchasers.
BUSINESS, RETAIL
A commercial activity characterized by the direct sale of goods and services to the final consumer, including financial institutions, business and professional offices and services, eating establishments and places of amusement and recreation.
BUSINESS, WHOLESALE
A commercial activity characterized by the bulk sale of merchandise to retail, manufacturing, institutional or other wholesaling establishments, including on-premises storage and distribution facilities.
CABIN or COTTAGE
A building designed for seasonal occupancy and not suitable for year-around living, whether or not such building is actually occupied seasonally or otherwise.
CEMETERY
Land for the burial or interment of the dead and dedicated for these purposes, including columbariums, crematories, mausoleums, places of worship and other accessory structures situated within the boundary of the cemetery.
CHURCH, PLACE OF WORSHIP
A building or space for public worship and used by an organization that is registered by the State of New York.
CLUSTER DEVELOPMENT
The subdivision of an area into lots that are smaller than would normally be permitted in the district where such lots are located, but where the density of development is no greater than would be permitted in the district by conventional development, and where the residual land produced by the smaller lot size is preserved as undeveloped land or common recreation space.
COMMERCIAL ANIMAL FACILITY
A facility providing for the housing, care, treatment, breeding and sale of dogs, cats and similar small animals. This definition does not include commercial pet shops that do not have outside animal runs or the keeping and occasional sale of pets, when incidental to a residential use.
COMMUNITY CENTER
A facility under the direct supervision of a charitable, religious, social service or similar organization designed primarily to provide a meeting place for purposes of education, training, counseling, recreation or similar pursuits, including social facilities incidental to them but excluding private clubs, golf courses, schools or retail businesses.
CONVALESCENT HOME
An extended or intermediate care facility licensed by the State of New York to provide full-time convalescent or chronic care to individuals who are not able to care for themselves. A skilled nursing facility; a nursing home.
CONVENIENCE (MINI) MART
A small commercial activity that may offer for sale convenience goods, beverages, sundries and motor fuel.
DAY-CARE FACILITY
An activity providing for a program of daily care and supervision of seven or more minors, such as nurseries, preschool programs and day-care centers, but excluding a group residence.
DRIVE-THROUGH
A commercial establishment that permits customers to obtain goods or services while remaining in their vehicles.[1]
DWELLING, FACTORY-MANUFACTURED
A single-family dwelling that meets all applicable New York State building codes and is constructed by a method of construction whereby the basic structure or its components are wholly, or in substantial part, manufactured in a remote facility. A factory-manufactured dwelling does not have a hitch or wheels and is designed to be transported by truck to a lot for assembly and permanent installation on a foundation. For purposes of this chapter, a mobile dwelling as defined herein, whether single-wide or double-wide is not a factory-manufactured dwelling.
DWELLING, MOBILE
A single-family dwelling transportable on its own chassis and wheels, installed on its own wheels or on rigid supports and designed to be towed from one site to another. For purposes of this chapter, a HUD-approved double-wide manufactured home shall not be considered a mobile home.
DWELLING, MULTIPLE-FAMILY
A structure containing three or more dwelling units and no other principal uses.
DWELLING, SINGLE-FAMILY
A structure containing one dwelling unit and no other principal uses.
DWELLING, TOWNHOUSE
A building containing a group of three or more attached single-family dwelling units each of which extends from foundation to roof and has one or two sidewalls in common with sidewalls of the abutting unit.
DWELLING, TWO-FAMILY
A structure containing two dwelling units and no other principal uses.
DWELLING UNIT
An area within a structure intended and designed as a self-contained unit for occupancy as a residence by not more than one family and which has direct access from its exterior or through a common hall or entrance, and which generally includes kitchen, bathroom, dining, sleeping and related facilities required for human habitation.
DWELLING UNIT, ACCESSORY (ADU)
A temporary or permanent habitable living unit added to, created within or detached from a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation, subject and pursuant to the provisions of § 280-9G of the Code.
[Added 5-15-2008 by L.L. No. 4-2008]
FAMILY
One or more persons living together as a single housekeeping unit in the manner of persons related by blood, marriage or adoption.
FLOODPLAIN
An area of land so designated in any flood hazard regulations of the Town.
FLOOR AREA
The sum of the gross horizontal areas of all floors of a structure measured from the center line of walls separating two structures.
FUNERAL HOME
An establishment with facilities for preparation of the dead for burial or cremation, for the viewing of the body and for observances held for a dead person incidental to burial or cremation.
GARAGE, SERVICE OR REPAIR
A building, premises or portions thereof arranged, intended or designed to be used for the sale of any type of vehicular motor fuel and which may also include areas or structures for polishing, greasing, washing, repairing, or otherwise servicing motor vehicles. A junkyard or salvage yard is not to be construed as a service or repair garage.
GARAGE, PRIVATE
A carport or enclosed building generally provided for use by the inhabitants of a residential building.
(1) 
Discarded materials generated from the activities of a household, business, institution, or public or quasi-public facility, consisting of:
(a) 
Food wastes, including but not limited to kitchen and table scraps, decaying or spoiled vegetables, fruit and animal matter.
(b) 
Any other used or discarded waste materials, such as paper, plastics, metal, rags, food wrappings and containers, rubber, leather, cloth, waste materials from normal maintenance and repair activities, pasteboard, crockery, dirt, ashes, wood, glass and similar material.
(2) 
Garbage does not include properly prepared and stored recyclable materials and collectible yard waste, properly stored and maintained composting materials, rubble, bulk items, industrial waste, hazardous materials, automobile or other motor vehicle tires, or any other material that a private hauler has determined would not be picked up as part of a regular garbage collection service (See also "junk.")
GLARE
Intense light that results in distraction, discomfort and/or a reduction of visual performance and visibility.
GREENHOUSE, PLANT NURSERY
Any building or structure in which light, humidity and temperature can be controlled for the growing and protection of flowers and other plants.
GROUP RESIDENCE
A structure designed or used exclusively as a place of residence or domicile by one or more persons, including required supervisory personnel, in which the residential quarters are an integral component of a recognized program of rehabilitation or custodial supervision or care.
HISTORICAL LANDMARK
A structure or site so designated in any historical preservation and protection regulations adopted by the Town of Tully.
HOME OCCUPATION OR BUSINESS
A nonresidential activity that is carried on entirely within a dwelling by one or more members of the family residing in the dwelling and is clearly secondary to the use of the dwelling as a residence, and which meets the performance standards set forth in this chapter.
JUNK
Any wastepaper, rags, scrap metal and other scrap, tires, junked vehicles or parts therefrom, reclaimable materials or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, bailing, disposal or other use or disposition.
KENNEL
Any premises, including structures, cages and runs, wherein are harbored more than four domestic animals that are at least four months old and are not owned by the property owner or lessee, for boarding, breeding, grooming, training, or selling.
LIGHT POLLUTION
Any adverse effect of man-made light including, but not limited to, light trespass and uplighting.
LIGHT TRESPASS
Light falling where it is not wanted or needed, generally caused by a light on a property that shines or glares onto the property of others.
LOT
An area contained within lot lines shown on a recorded subdivision map or similar document or described in a deed recorded prior to the adoption of any previous zoning or subdivision law.
LOT ALTERATION
Any change in the dimensions or orientation of lot lines not resulting in or constituting subdivision or resubdivision.
LOT AREA
A lot expressed in terms of square units of measure derived by viewing the lot as a level surface.
LOT COVERAGE
The percentage of a lot covered by the ground level area of a building, excluding terraces, decks and porches that are not enclosed or covered by a roof.
LOT, DEPTH OF
The mean distance from the front lot line to its opposite rear line measured along the approximate median between two side lines.
LOT LINE, FRONT
A lot line coincidental with the line of a street, sidewalk, or other public right-of-way. Where such line is described as being within the boundaries of a public right-of-way, the most interior boundary of such right-of-way shall be construed to be the front lot line. Where two public rights-of-way intersect, a lot line coinciding with the boundary of either right-of-way may be used as the front lot line for development purposes.
LOT, FLAG
A lot that, at minimum, meets the area requirements of this chapter and is connected to a public road right-of-way by a strip of land at least 25 feet wide and containing a private access drive.
LUMINAIRE
The complete lighting unit, including the lamp, the fixture and other parts.
MEDICAL CENTER
A facility for the treatment of illness, disease and injury, providing in-patient or out-patient accommodations, including what are commonly termed clinics, diagnostic centers, neighborhood health centers and hospitals (unless the treatment facilities are accessory only), but excluding a group residence.
MINING
A commercial activity, other than salt mining, characterized by the extraction of surface and subsurface material, including quarrying, strip mining or extraction or exploration of mineral resources.
MINING, SALT
Commercial extraction of sodium chloride carried out as a pre-existing, nonconforming use until December 31, 2035.
NONCONFORMING BUILDING
A building existing on the date of adoption of this chapter, as amended, that does not meet the size, dimension or location requirements of the zoning district in which it is located.
NONCONFORMING LOT
A lot of record existing on the date of adoption of this chapter, as amended, that does not meet the minimum area or dimension requirements of the zoning district in which it is located.
NONCONFORMING USE
Use of a building or land existing at the date of adoption of this chapter, as amended, that does not conform to the use regulations of the zoning district in which it is located.
NURSERY SCHOOL
An activity designed to provide daytime care or instruction for five or more children, generally from two to five years of age, which is open on a regular basis.
OCCUPANCY SEASONAL
Occupancy or use of a structure, building or area, for only part of a year, usually for a period that does not exceed six months, total or cumulative, in any calendar year.
OPEN SPACE, NET
Lot area minus lot coverage.
OFF-SITE PARKING FACILITY
A facility designed exclusively for the parking of automobiles which is accessory to one or more principal uses not situated on the same lot, which is not otherwise permitted by this chapter and which does not constitute a commercial parking lot or garage.
OPEN SPACES, PUBLIC
A land use officially designated as a place of public recreation or open space, including parks, playgrounds, squares, plazas, tot lots and similar uses.
PARKING COVENANT
An agreement whereby provision for the location of parking facilities is made available where the land use activity for which such facilities are to be accessory is not under the same ownership or control as the parking facilities. The agreement must provide that the Town of Tully is a beneficial party.
PARKING SPACE
An area for the temporary parking of motor vehicles and which has at least 10 feet of width, 20 feet of length and seven feet of clear height, together with adequate provision for maneuvering and access thereto.
PLANNED DEVELOPMENT
A parcel of at least five acres in area, in one ownership, designed as a single unit providing a street system and water and sewer facilities as necessary, and used primarily for residential purposes but may also be used for special commercial or industrial development or a combination of residential types and commercial or industrial development.
PRIVATE CLUB
A structure and related facilities of a recognized membership organization designed and used exclusively for the social and recreation activities of its members.
PUBLIC ASSEMBLY
A structure or space, including a park, used to accommodate the general public as part of regular services or special events, commercial or otherwise, such as a theater or social center, but excluding a use involving restricted membership.
PUBLIC RIGHT-OF-WAY
The established boundary lines of a street, sidewalk, alley or similar thoroughfare defining the corridors for vehicular and pedestrian traffic and used by the general public.
RELIGIOUS USE
A place of worship, such as a church, temple or synagogue, registered in the State of New York, together with other structures and uses that are customarily and clearly incidental to it in the service of a local parish.
RETIREMENT HOUSING
Self-contained housing development designed for, and marketed to, older people, and providing minimal services.
ROADSIDE STAND
An accessory structure designed and used exclusively for the sale of produce and products grown or fabricated on the premises.
SCHOOL
A place of instruction certified by the New York State Board of Regents which is devoted primarily to academic instruction and offering a curriculum of study which is in sufficient compliance with the education laws of the State of New York. This term includes day-care facilities, nursery schools, kindergarten and similar preschool or pregrade programs when accessory to the principal school use.
SCREENING DEVICE
A permanent barrier, any portion of which is situated above grade, composed of any material except natural vegetation, including walls, fences, screens and similar structures. (See "buffer strip.")
SHORELINE
The highwater mark of any lake, pond, river or permanent stream.
SIGN
Any structure, display, device or representation that is 64 square feet in area, or less, and designed or used to advertise or call public attention to any thing, product, person, business, activity, event, undertaking or place and visible from any road right-of-way. The flag or pennant of any nation, state or municipality shall not be considered a sign.
SIGN, ILLUMINATED
Any sign illuminated by electricity, gas or other artificial light, including but not limited to reflective or phosphorescent light originating from within the sign or from outside or behind the body of the sign.
SITE PLAN
A plan for the proposed development or use of a parcel of land that is prepared and presented for site plan review pursuant to applicable provisions of this chapter.
SPECIAL AUTHORIZATION
Review and approval from the Town Board or Planning Board for specific land use activities as set forth in Schedule I of this chapter.[2]
SPECIAL CONDITIONS
Conditions and standards applicable to certain uses listed in Schedule I of this chapter as "SC" which conditions and standards must be complied with before a permit can be issued by the Zoning Administrator.
STABLE, COMMERCIAL
A facility in which horses are boarded or trained for a fee or are kept and made available for hire, sale or other type of remunerative activity.
STORY
A portion of a building which is between one floor level and the next higher floor level or the roof. A basement shall be deemed to be a story when its ceiling is six feet or more above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and without human occupancy.
SWIMMING POOL
Any receptacle for water having a depth at any point of more than two feet, or a surface area exceeding 250 square feet, that is intended for recreational purposes, and including all appurtenant decks, walks and equipment constructed, installed or maintained in or above the ground outside the principal structure to which the pool is accessory, or as defined under New York State Law or regulations/codes promulgated thereunder.
STRUCTURE
Anything constructed, erected or installed, the use of which requires a temporary or permanent location on, above or below the surface of land or water.
STRUCTURE, HEIGHT OF
The average vertical distance from the ground outside the foundation wall to the level of a flat roof, or to the average height of a pitched, gabled, hip, or gambrel roof, excluding chimneys, bulkheads, penthouses, and other constructions enclosing equipment or stairs.
TELECOMMUNICATION TOWER
A structure on which transmitting and/or receiving antenna(s) are located.
UTILITY STRUCTURE
Structures used to provide utility services, such as power substations, transmission towers, pumping stations, underground and overhead installations and related facilities.
VARIANCE
Written authority to deviate from any regulations of this chapter, said authority to be obtained from, or denied by, the Zoning Board of Appeals in accordance with state law and applicable provisions of this chapter.
VARIANCE, AREA
Authorization by the Zoning Board of Appeals to use land in a manner that would not otherwise be allowed because of dimensional or physical requirements and regulations set forth in Schedule II[3] or other applicable regulations of this chapter.
VARIANCE, USE
Authorization by the Zoning Board of Appeals for the use of land or a building that is otherwise not allowed or is prohibited by the provisions of Schedule I or other applicable regulations of this chapter, and meeting applicable criteria of state law.
WATER FRONTAGE, WIDTH
The shortest distance between side lot lines at high water mark.
YARD, FRONT
Lot area bounded by the road right-of-way, side lot lines and a line parallel to the road right-of-way a distance equal to the required front yard. Front yard depth shall be measured between the road right-of-way and the building line.
YARD, REAR
Lot area bounded by rear and side lot lines and a line parallel to the rear lot line a distance equal to the required rear line.
YARD, SIDE
Lot area situated between front and rear yard areas, a side lot line and a line parallel to the side line at a distance equal to the required side yard.
ZONING ADMINISTRATOR
The person appointed by the Town Board to administer this Zoning Chapter.
ZONING CODE
This chapter (as referred to herein). The Zoning Code is also referred to as the "Zoning Code of the Town of Tully" and "this chapter."
[1]
Editor's Note: The former definition of “dwelling, ECHO housing,” which immediately followed this definition, was repealed 5-15-2008 by L.L. No. 4-2008.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
[3]
Editor's Note: Schedule II is included at the end of this chapter.

§ 280-5 Zoning permits.

A. 
A zoning permit is required before any land use activity is undertaken, altered, repaired, modified, converted, or changed in any manner, except:
(1) 
For routine maintenance, decorating or remodeling that does not involve structural alterations; or
(2) 
For demolition or emergency repairs ordered by an authorized official in the interests of public safety.
B. 
A zoning permit is issued by the Zoning Administrator. It may be issued only for land use activities which are expressly permitted by this chapter or which have been specially authorized by the Town Board or the Board of Appeals. If the activity involves any construction or site preparation, use or occupancy shall not begin until the Zoning Administrator has certified on the permit that the construction or preparation has been fully completed in compliance with this chapter, other applicable Town regulations and any special authorization.
C. 
Term.
(1) 
A zoning permit or special authorization shall lapse and become void unless:
(a) 
Such zoning permit is substantially exercised within one-year after issuance; or
(b) 
An application for a zoning permit is made within 60 days after any special authorization has been approved.
(2) 
Upon application therefor, an extension of these time limits may be made by the Board of Appeals.
D. 
The terms and conditions of any special authorization shall be set forth in the zoning permit, and reference shall be made to the authorization by date, agency and filing data.

§ 280-6 Use districts.

A. 
Districts. The Town of Tully outside of the incorporated Village of Tully is hereby divided into the following use districts or zones:
Agriculture
A-1
Agriculture
A-2
Residence
R-1
Residence
R-2
Residence
R-3
Business
B-1
Industry
IND
B. 
Location of districts. The location of each use district shall be as outlined on the Zoning Map of the Town of Tully (Zoning Map).[1] A true copy of the Zoning Map adopted as of this date is attached.[2]
[1]
Editor's Note: In action taken 3-27-1995, the Town Planning Board recommended approval of a zone change from A-2 to C-1 for property located along Route 11 North near the entrance to Route 81 North (part of Military Lot Nos. 28 and 29). In a motion adopted 11-13-1995, the Town Board granted authorization to construct an office and enclosed storage facility on said property upon the meeting of certain conditions. On 5-27-1996, the Town Board noted that said conditions had been met.
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter. In action taken 3-27-1995, the Town Planning Board recommended approval of a zone change from A-2 to C-1 for property located along Route 11 North near the entrance to Route 81 North (part of Military Lot Nos. 28 and 29); a portion of this property south of the natural gas line will be considered C-1 and IND. In a motion adopted 11-13-1995, the Town Board granted authorization to construct an office and enclosed storage facility on said property upon the meeting of certain conditions. On 5-27-1996, the Town Board noted that said conditions had been met.
C. 
Boundaries of districts. Boundary lines shown on the Zoning Map are intended to follow lot lines or the center lines of streets, highways, railroads, shorelines or watercourses, or a line parallel to such features at a distance therefrom specified on the Map. Questions or disagreements concerning the exact location of a district boundary shall be resolved by the Board of Appeals.
D. 
Description of districts; intent. Land use control districts in the Town of Tully have been established in furtherance of the Town's Comprehensive Plan and for the purpose and intent described below.
(1) 
Agriculture A-1 District. The intent of the A-1 District is to designate areas where agricultural productivity is high in most locations and where farming is the predominant and desired use of land. Other compatible land uses in this district could include a limited amount of low-density, single-family housing and other activities that are closely related to production-agriculture. Land use regulations are intended to encourage maximum retention of productive farmland while supporting a limited amount of low-density, single-family housing. Clustering (See definitions.) is encouraged where possible.
(2) 
Agriculture A-2 District. The intent of the A-2 District is to designate areas where farming, extensive wooded areas and other natural resources are predominant and desired land use activities. Farm-related agricultural businesses located in this district are also suitable. Nonagricultural development, primarily scattered low-density, one-family housing, has occurred and is appropriate in the future. Land use regulations and development criteria are aimed at maintaining the effective operation of productive farms, supporting farm-related business and scattered or clustered (See definitions.), low-density, single-family housing and preventing serious environmental degradation and land use inconsistencies.
(3) 
Residential R-1 District. The intent of the R-1 District is to designate areas where concentrations of low-density, primarily one-family housing, are located and are the expected and desired future developmental character. In most areas, larger parcels can be subdivided into residential lots. Regulations and restrictions in the R-1 District are intended to limit the extent of future development, to encourage clustering of lots as a method of preserving open space and environmentally sensitive areas, and to minimize the number of nonresidential land uses that can be established.
(4) 
Residential R-2 District. The intent of the R-2 District is to designate areas where proximity to Tully Village could affect future land use and development patterns. A variety of housing types is appropriate and density can be increased when adequate utilities can be provided. Regulations and restrictions in the R-2 District are intended to produce a more concentrated urban setting and to establish neighborhood development characteristics. While public utilities may not yet exist in such areas, R-2 Districts are suitable targets for such services.
(5) 
Residential R-3 District. The intent of the R-3 District is to designate areas where existing lakes and other natural features have produced sustained pressure for residential development that is likely to continue. Single-family housing, both permanent and seasonal, is an appropriate and desired use in these areas, but the absence of utility systems raises concerns about pollution and environmental damage. The transitional presence of agricultural in this district is suitable but can also be a potential source of environmental damage affecting nearby housing concentrations.
(6) 
Business B-1 District. The intent of the B-1 District is to designate areas where a limited amount of service and commercial businesses are currently located and are appropriate. Businesses locating in the B-1 District should be those that can benefit from proximity to the Town's major traffic circulation network and from the availability of adequate parking opportunities. General retail and service businesses that do not need access to major highways or large parking areas should be limited. Development restrictions and standards should reflect the unique location of this commercial district and development proposals should be evaluated in terms of design compatibility and concerns for the environmental impacts of new construction.
(7) 
Industry IND District. The intent of the IND District is to designate areas that are in transition from agriculture to a relatively concentrated mixture of commercial and industrial land uses. Flat land, high visibility, good vehicular access to major traffic routes and the potential for railroad service are important considerations for development in the IND District. Various forms of light manufacturing, warehousing, fabrication, assembly, research and development and similar types of land use are appropriate and desired. Because the area of the IND District is limited, development restrictions and standards should focus on businesses and industries that require larger sites and have access and transportation needs that are not readily available in other parts of the Town. Review and approval of each development proposal is necessary to promote compatibility between adjacent land uses, to achieve the most efficient use of limited land resources and to minimize adverse environmental impacts.

§ 280-7 District regulations and schedules.

A. 
Schedule of regulations. Regulations and controls affecting the use of land in the Town of Tully are set forth in Schedule I. Regulations and controls affecting lot size, yards, building height and similar area and dimensional considerations are set forth in Schedule II. Said Schedules I and II are hereby adopted and, with all explanatory matter and references thereon or related to, are hereby made part of this chapter.[1]
[1]
Editor's Note: Schedules I and II are included at the end of this chapter.
B. 
Excluded uses or activities. Any land use or activity not set forth in Schedule I is not permitted in the Town of Tully until such use has been included in said schedule by an amendment to this chapter in accordance with § 280-17 hereof.
C. 
Special authorization. When Schedule I specifies that special authorization is required for a land use or activity (SPB or STB), the Zoning Officer shall issue a building permit only when applicable provisions of § 280-11 have been complied with.
D. 
Special conditions. When Schedule I specifies that special conditions (SC) are applicable to a specific use in one or more districts, the Zoning Officer shall issue a building permit only when applicable conditions specified in § 280-10 have been met.

§ 280-8 General requirements.

Except as hereinafter provided, the following general provisions shall apply to land use and development in the Town of Tully.
A. 
Minimum lot size. No building lot shall hereafter be reduced or altered so as to result in a lot that would not meet the minimum area or yard requirements prescribed in Schedule II of this chapter.
B. 
Lot in two districts. When a lot is divided by a district boundary line the regulations and requirements of either district may be extended for a distance of 100 feet into the other district, at the lot owner's discretion.
C. 
Health Department jurisdiction. Minimum lot sizes specified in Schedule II or elsewhere in this chapter shall be subject to applicable regulations of the Onondaga County Health Department for sewage disposal systems.
D. 
Fences, walls and hedges. The provisions of this chapter shall not apply to fences, walls and hedges six feet high, or less, above the natural grade, provided such features are located at least 15 inches from the lot line to allow for maintenance.
E. 
Corner visibility. For safety reasons, no structure, fence or vegetation over three feet high, and no branches less than 10 feet from the ground, shall be permitted within the vision triangle at road intersections. The vision triangle is an area formed by the right-of-way lines of intersecting roads and a diagonal line connecting a point located on each of the right-of-way lines and located a distance of 25 feet from their intersection. An illustrated example of the vision triangle is shown at Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
F. 
Height limitations. The height limitations of this chapter shall not apply to agricultural uses, church spires, cupolas, elevator, heating, ventilation or air conditioning equipment and similar features, but excluding alternative energy or communications installations. Any questions, issues or similar interpretations regarding height limitations shall be determined by the Board of Zoning Appeals.
G. 
Drainageways. Natural drainageways shall be preserved and shall be kept free of debris and other obstructions to water flow. Where relocation of a natural drainageway cannot be avoided, it must be relocated in a way that will assure the unobstructed flow of stormwater and prevent flooding on neighboring and other nearby properties.
H. 
Garbage and junk. Lots shall be kept free from any inoperable or abandoned vehicle parked or stored outside on any premises for more than 30 days, and from discarded building material, appliances and machinery, and all forms of garbage and junk as defined in this chapter.
I. 
SEQRA requirements. No discretionary action required by this chapter shall be taken until there has been compliance with applicable provisions of 6 NYCRR 617 (SEQRA) and an environmental determination has been made by the lead agency.

§ 280-9 Supplementary regulations.

A. 
Intent. The intent of this section is to set forth regulations, requirements and procedures for certain areas, land uses and development activities in the Town of Tully that could have potentially large impacts on their surroundings, on the environment and on the value of adjacent land. Such development activities are subject to review and the application of specific standards to minimize adverse impacts.
B. 
Site plan review. The intent of site plan review provisions is to provide for Planning Board review and approval of site plans for certain uses in the Town of Tully. Site plan review provisions are intended to promote the health, safety and welfare of the Town and to ensure the optimum conservation, protection, preservation, development and use of the natural and man-made resources of the Town. Site plan review procedures will also be used to mitigate potentially negative impacts of new development on adjacent land and to conserve property values and visual quality as development occurs in the Town.
(1) 
Applicability.
(a) 
All land use activities authorized by Schedule I[1] of this chapter shall require site plan review except the following:
[1] 
Construction of a one- or two-family dwelling along with accessory structures and related land use activities.
[2] 
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this section.
[3] 
Ordinary repair or maintenance or interior alterations to existing structures or uses.
[4] 
Exterior alterations or additions to existing structures that would not increase square footage of the existing structure by more than 10%, and with a value less than $20,000.
[5] 
Agricultural or gardening uses.
[6] 
Signs under 12 square feet.
[7] 
The sale of agricultural products and temporary structures related to sale of agricultural products. See also § 280-10B(2).
[8] 
Garage, yard and porch sales not exceeding three days in duration, except that site plan approval will be required if such sales take place more that three times in any calendar year.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(b) 
Any person uncertain of the applicability of this section of the chapter to a given land use activity may apply in writing to the Planning Board for a written jurisdictional determination. In addition to the foregoing authorization, the Planning Board may assume limited jurisdiction over and make recommendations on any matter otherwise subject to site plan review that is first required to be before the Zoning Board of Appeals on a variance request, or on any matter relative to a residential construction on lakefront property. The foregoing recommendation role shall be advisory in nature and is not mandatory and may be made before or after a public hearing is held by the Zoning Board of Appeals.
(2) 
Procedures; generally. Prior to undertaking any new land use activity except those specifically exempted in Subsection B(1), above, site plan review by the Planning Board is required. Applicants for site plan approval must follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter and NYS Town Law § 274-a.
(3) 
Sketch plan conference.
(a) 
A sketch plan conference between the Planning Board and the applicant shall be held prior to the preparation and submission of a formal application for site plan review. The intent of such a conference is to enable the applicant to inform the Planning Board of the proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concepts, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. To accomplish these objectives the applicant should provide the following prior to the sketch plan conference:
[1] 
A written narrative statement and sketch showing the location and dimensions of principal and accessory structures with setbacks, parking areas, proposed signs, proposed site lighting, existing and proposed vegetation and other planned features; anticipated changes in existing topography and other natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;
[2] 
An area map showing the parcel under consideration for site plan review, and all properties, structures, subdivisions, streets, rights-of-way, easements and other pertinent features within 500 feet of the parcel being reviewed;
[3] 
A topographic or contour map of adequate scale and detail to show site topography, including the location of all lakes, ponds, streams and wetlands; and
[4] 
An aerial photograph of the general area of the parcel under consideration.
(b) 
If requested by the applicant, the Planning Board may waive or modify any or all of the sketch plan review requirements.
(4) 
Application requirements.
(a) 
An application for site plan approval shall be made in writing to the Zoning Administrator or the Chairperson of the Planning Board and shall be accompanied by information contained on the following checklist as modified by the sketch plan conference.
[1] 
Title of drawing including name, address and telephone number of the applicant and the person responsible for preparation of such drawings, North arrow, scale and date;
[2] 
Boundaries of the property drawn to scale and showing existing building;
[3] 
Grading and drainage plan showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses;
[4] 
Location, design and type of construction of all parking and truck-loading areas, showing access and egress;
[5] 
Provisions for pedestrian access, including handicapped accessibility;
[6] 
Location of outdoor storage, if any;
[7] 
Location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences;
[8] 
Description of the method of sewage disposal and location, design and construction materials of such facilities;
[9] 
Description of the method of securing potable water and location, design and construction materials of such facilities;
[10] 
Location of fire and other emergency zones, including the location of fire hydrants and holding ponds, if appropriate;
[11] 
Location, design and construction materials of all distribution facilities, including electrical, gas and solar energy;
[12] 
Location, size, design and type of construction of all proposed signs;
[13] 
Location and proposed alteration and development of all buffer areas, including existing vegetative cover;
[14] 
Location, design and operating characteristics of all outdoor lighting facilities including proposed lighting fixtures to be used;
[15] 
Identification of the location, specified use, and amount of building area proposed for retail sales or similar commercial activity;
[16] 
General landscaping plan and planting schedule;
[17] 
An estimated project construction schedule;
[18] 
Identification of, record of application for, and status of any permits from other governmental bodies required for the project's execution; and
[19] 
Any other elements integral to the proposed project, including appropriate SEQR assessments, as may be considered necessary by the Planning Board.
(b) 
The Planning Board may, if requested in writing from the applicant, or on its own volition, waive or modify any of the above site plan requirements.
(5) 
Review standards; general considerations. The Planning Board's review of the proposed project and the site plan shall include, as appropriate, but is not limited to, the following general considerations:
(a) 
Location, arrangement, size, design and general compatibility of buildings.
(b) 
Illumination sources and light distribution characteristics of proposed site and building lighting.
(c) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls. Impermeable surface coverage shall be minimized.
(d) 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(e) 
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(f) 
Location, arrangement, size, design and general neighborhood compatibility of any proposed signs.
(g) 
Adequacy of stormwater and drainage facilities. Impermeable surface coverage shall be minimized.
(h) 
Adequacy of water supply and sewage disposal facilities.
(i) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual, noise and glare buffer between the applicant's and adjoining land, including the maximum retention of existing vegetation.
(j) 
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants and holding ponds, if appropriate.
(k) 
Special attention to the adequacy and impact of structures, roadways and landscaping in areas susceptible to ponding, flooding and/or erosion.
(l) 
Overall neighborhood impact, including compatibility of design considerations and the impact of development on existing topography and on ambient noise and light levels.
(6) 
Specific standards and considerations. The following specific standards shall apply in conjunction with the subject uses or in the designated areas.
(a) 
Lakefront standards and conditions.
[1] 
All construction on any shoreline lot shall be carried out in such manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground and surface water into the waterway, to remove only vegetation that is necessary to the accomplishment of the project, to avoid nuisance conditions related to glare and noise and to generally maintain the existing aesthetic and ecological character of the shoreline.
[2] 
No on-site sewage tile fields or seepage pits shall be located within 100 feet of any shoreline, and no septic or other holding tank shall be located within 50 feet of any shoreline, as measured from the normal high-water mark of the water body.
[3] 
Any paved or otherwise improved parking, loading or service areas within 100 feet of any shoreline shall be designed and constructed so as to direct surface runoff away from the waterway and to prohibit chemical pollutants from entering the waterway.
(7) 
Public hearing and Planning Board decision.
(a) 
Public hearing. The Planning Board may conduct a public hearing on the site plan if that is considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of a completed application for site plan review and shall be advertised in a newspaper of general circulation within the Town at least five days before the hearing.
(b) 
Planning Board decision. Within 62 days of receipt of a completed application for site plan approval or, if a public hearing is held, within 62 days of the public hearing, the Planning Board shall approve, approve with modification or disapprove the site plan as set forth below. The time period within which the Planning Board must make its decision may be extended by mutual consent of the applicant and the Planning Board.
[1] 
Approval. Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Town Clerk and mail a copy to the applicant.
[2] 
Approval with modification. The Planning Board may conditionally approve the final site plan. A copy of the written statement containing the modifications required by the conditional approval will be mailed to the applicant. After satisfactory demonstration to the Planning Board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall immediately file the approved site plan and a written statement of approval with the Town Clerk with a copy to the applicant.
[3] 
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant, along with the Planning Board's reasons for disapproval.
(8) 
Integration of procedures. Whenever the circumstances of proposed development require compliance with these site plan review and with any other local law or other legal requirements of or governing the Town, including amendments to such laws, the Planning Board shall integrate, as appropriate, the site plan review procedures of this section with the procedures and submission requirements for such other compliance, including State Environmental Review Requirements (SEQRA).
C. 
Wetlands. Notwithstanding other provision of this chapter, and particularly Schedule I, to the contrary, construction or any other development on any land in the Town of Tully that is designated as a wetland pursuant to Article 24 of the State Environmental Conservation Law, shall be in accordance with the provisions of said Article 24.
D. 
Sign regulations.
(1) 
In any district, a single sign that advertises a home occupation taking place on the premises, or the sale of agricultural products produced on the premises is permitted. The sign may be attached to a building or freestanding. It may not be more than six square feet in total area, on each of two sides in the case of a freestanding sign. It may not be illuminated except by white, nonflashing, nonmoving light, on two sides in the case of a freestanding sign, and may not be higher than five feet above finishing grade. If lighted, no such sign, by reason of design or location, shall shine directly on or into any rooms, porches or patios of residential property in existence when the sign was installed.
(2) 
In business or industrial districts a sign that advertises the principal business taking place on the premises shall be permitted. The sign may be freestanding or attached and parallel to the street facade of the principal building. It may be illuminated (See definitions.) but not flashing or animated except as may otherwise be permitted in Subsection D(9), and shall not extend above the height of the wall to which it is attached. Such sign shall not be larger in total area than 10% of the area of the street facade of the principal building or 100 square feet, whichever is smaller.
(3) 
In the case of multiple dwellings, or of multiple business uses on the same premises, or of business or industrial uses, or of a nonresidential use in a residential district, the Board of Appeals may authorize more than one sign or signs greater in area or height than is specified by this Subsection D.
(4) 
No sign that is mounted on a vehicle or wheels or is otherwise mobile and capable of being moved shall be permitted unless expressly approved by the Board of Appeals.
(5) 
Temporary signs are permitted to advertise that a premises is for sale or rent, or to set forth the names of a political candidate or of a contractor, architect, engineer, owner, or similar participant in a construction project. Such temporary sign must conform to the size restrictions of the district where it is located, may not be illuminated and must be removed within seven days after the election, construction, sale or rental of the premises is completed. The temporary sign may be freestanding. In no case shall a temporary sign remain in place for a period greater than one-year unless authorized by the Board of Appeals.
(6) 
Identification and directional signs, but nonflashing and without advertising may be authorized by the Board of Appeals.
(7) 
No sign, unless attached to a building, shall be located nearer to a street line than 25 feet, or nearer to a side line and 10 feet, unless authorized by the Board of Appeals.
(8) 
No sign shall be higher than 25 feet above grade unless it is attached to the wall of a building and below the height of the wall, unless authorized by the Board of Appeals.
(9) 
All signs, whether or not specially authorized by the Board of Appeals, shall conform to the following regulations:
(a) 
No sign in excess of 10 square feet in area shall be erected, installed or altered until a written permit therefor is issued by the Zoning Administrator.
(b) 
No sign may extend over a public sidewalk or public right-of-way.
(c) 
The area of a sign shall be measured by the area of its background frame. If the sign consists only of independent letters or symbols without a frame, its area shall be measured by the rectangular area encompassing the letter or symbol groupings.
(d) 
Signs which, by their message, use, simulation of color, design or placement, tend to confuse or impair the effectiveness of traffic regulatory devices or to create a traffic hazard or traffic distraction are prohibited.
(e) 
No sign shall be flashing, revolving, animated or otherwise in motion. This provision shall not apply to illuminated signs that indicate the time, temperature, or similar public service information even though such device may be flashing.
(f) 
Any sign that contains a changing or otherwise animated message (name of business, hours of operation, rooms available, specials, current bargains etc.), where the illumination sources go on and off, or otherwise move or change in any way, shall not be permitted if such changing message is programmed to occur at less than fifteen-minute intervals. This provision shall not apply to time-temperature information displays.
(g) 
Hours of operation for any sign that is changing, moving or otherwise animated shall be limited to the hours of operation of the business located on the same lot as such sign. This provision shall not apply to time-temperature information displays.
(h) 
Other than signs permitted by these regulations, all accessory advertising devices of commercial enterprises, such as but not limited to, bunting, pennants, pinwheels, streamers or peripheral lighting, are prohibited.
(i) 
No sign shall obstruct any fire escape, window, door or opening used as a means of egress, for fire-fighting purposes or for ventilation. No sign shall be placed on any sidewalk, hydrant, lamppost, tree, utility pole, fence, or on other public property, except as may be permitted by this Subsection D.
(j) 
No sign shall project into a vehicular driveway on private property at an elevation less than 14 feet above grade. No sign shall project into an area on private property designed as a pedestrianway at an elevation less than 10 feet above grade.
(10) 
The Board of Zoning Appeals may, upon request and when appropriate, vary the provisions of this Subsection D after a public hearing has been held and a SEQR determination has been made.
(11) 
The Zoning Administrator shall order the removal of any sign that has been abandoned.
E. 
Outdoor lighting.
[Amended 12-12-2007 by L.L. No. 7-2007]
(1) 
Intent. These regulations are intended to reduce problems created by improperly designed and installed outdoor lighting, and to enhance the natural beauty of the night sky and preserve the rural nature of our community. The objective is to reduce or eliminate problems of glare, minimize light trespass on adjoining properties and reduce energy consumption by establishing regulations that limit the types of acceptable outdoor lighting fixtures and their illumination levels. By regulating outdoor lighting, community character and aesthetics will be enhanced, and excessive lighting that can become a distraction to the traveling public and an annoyance to occupants of neighboring properties caused by improper lighting can be avoided.
(2) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
CUTOFF FIXTURE
A light fixture that restricts the amount of light emission by shielding parts of the lamp. A cutoff or semicutoff design allows a restricted amount of light emitted above the horizontal plane running through the lowest point on the luminaire.
FIXTURE
The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector or refractor, the ballast, housing and the attached parts.
FOOTCANDLE
The basic measuring unit of illuminance. Footcandle measurement is taken with a light meter with CIE photopic (human eye response curve). One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal and vertical footcandle measure the illumination striking a horizontal plane or vertical plane, respectively.
FULL-CUTOFF FIXTURE
A light fixture that cuts off all upward transmission of light above an angle of 90º from the horizontal plane at the lowest part of the luminaire.
FULLY SHIELDED FIXTURE
A luminaire constructed and installed such that all light emitted, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full-cutoff luminaire, but without any restrictions on light distribution below the horizontal plane.
GLARE
Discomfort experienced by an observer with a direct line-of-sight to a light source which often results in visual impairment due to an intensity great enough to reduce the viewer's ability to see.
LIGHT TRESPASS
Light projected onto a property from a fixture not on that property.
LUMEN
A measure of the brightness of the illumination exiting a bulb, provided by a manufacturer. One footcandle is one lumen per square foot.
LUMINAIRE
A complete lighting fixture, including the lamp, housing, ballasts, and photocells, less the support and mounting assembly.
TEMPORARY OUTDOOR LIGHTING
Specific illumination of an outdoor area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days, with at least 180 days passing before being used again.
(3) 
General regulations.
(a) 
Industrial/commercial uses and zoning districts only:
[1] 
All installed outdoor lighting levels shall be in general compliance with the accepted illumination guidelines, standards and recommended practices established by the illuminating Engineering Society of North America (IESNA) and also in conformance with the requirements established by this subsection. All lighting applications shall be controlled by these provisions including, but not limited to signs, architectural, landscaping, decorative lighting, and sports facility lighting.
[2] 
A luminaire shall be of a design accepted by the IESNA, as fully enclosed, fully shielded, cutoff style fixture (see attached illustrations as examples of acceptable and unacceptable lighting fixtures).[2]
[2]
Editor's Note: Said illustrations are on file in the Town offices.
[3] 
Fixture mounting heights for all pole-mounted parking and circulation lighting shall not exceed 30 feet above the paved grade adjacent to the pole and are required to have full-cutoff-type luminaires. Luminaires for recreational playing fields shall be exempt from the height restrictions.
[4] 
Wall-mounted fixtures shall prevent direct views of the lamp through the lens. The fixture housing shall cut off the light beam so it projects not more than 75º up from the vertical plane.
[5] 
Canopy lights, such as service station lighting, shall be fully recessed or fully shielded.
(b) 
Residential uses and zoning districts only:
[1] 
The luminous surface of a luminaire shall, in general, be horizontally mounted and aimed away from a property boundary.
[2] 
Residential floodlights are allowed with the restriction they are aimed 30º below a horizontal plane and comply with light trespass restrictions in this Subsection E. Motion sensor switches are encouraged.
(c) 
All uses and zoning districts:
[1] 
Pedestrian-scale lighting shall be on fixtures not exceeding 15 feet in height.
[2] 
The maximum mounting height for wall-mounted lighting shall not exceed 20 feet on all buildings except for industrial buildings which shall not exceed 25 feet.
[3] 
Except as otherwise provided by law, no lighting device shall be constructed or placed in any district which:
[a] 
Consists of moving, rotating or otherwise animated parts, strings of lights or lights of varying intensity such as flashing, intermittent, moving, rotating or otherwise animated lights, including but not restricted to LED fixtures.
[b] 
Is so placed as to aim or direct a light beam or reflection upon or toward any public highway, land, right-of-way or adjacent property.
[c] 
Is so placed as to cause glare or reflection that constitutes a hazard or nuisance to on-site or off-site vehicular and pedestrian traffic circulation.
(4) 
Nonconforming lighting. All nonconforming lighting shall conform to the provisions hereof within a time period commencing from the effective date and expiring on the date when the improvements comprising the fixtures (and not the real property affixed to same) have been fully depreciated for federal income tax purposes. The owner or other responsible person shall provide evidence in this regard via a sworn or certified statement attaching documentary proof of such owner or person or a sworn/certified statement of its certified public accountant attesting to the applicable depreciation schedule. Where such lighting has not been so depreciated, the applicable time period shall be 10 years from the effective date.
(5) 
Maximum illuminance at property lines for all zoning districts.
(a) 
Illumination from luminaires shall not exceed 0.1 footcandle at a residential property line or 0.5 footcandle on nonresidential property, as measured on a vertical plane.
(b) 
Control of glare.
[1] 
Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall not emit any direct light above a horizontal plane.
[2] 
All luminaires of 1800 lumens shall be a full-cutoff fixture as installed. For luminaries under 1800 lumens, the lamp must be frosted glass or installed behind a translucent cover, except floodlights, which must be aimed no higher than 30º a below horizontal plane. This can be accomplished by the use of full-cutoff fixture design, shielding, visors, louvers, or other devices.
[3] 
Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall be mounted at a height equal to or less than the value D/3 + 3, where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 30 feet. For example: pole height at a distance of 36 feet to a property line would equal 15 feet, or 36/3 + 3 =15.
[4] 
Any luminaire, regardless of its rated lumens, shall be directed or its light output controlled as necessary so it is not aimed, focused, or directed in such a way that causes light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or create glare perceptible to persons operating motor vehicles on public highways.
(c) 
Outdoor advertising signs.
[1] 
Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements.
[2] 
Signs constructed of translucent materials and wholly illuminated from within do not require shielding.
F. 
Parking. Parking spaces, as defined in § 280-4 of this chapter, shall be provided as follows:
(1) 
Minimum spaces required. Unless modified by the Town Board or Planning Board as a requirement of special authorization or site plan approval, parking spaces shall be provided as follows:
(a) 
Residential use: two spaces for each dwelling unit.
(b) 
Church, auditorium, funeral home and other places of public assembly: one space for each four seats at maximum capacity.
(c) 
Motel, hotel, bed-and-breakfast and similar uses: one space for each guest room.
(d) 
Restaurant: one space for each 100 square feet of gross floor area.
(e) 
Office: one space for each 300 square feet of gross floor area.
(f) 
Commercial business, store: one space for each 100 square feet of gross floor area used for sales purposes.
(g) 
Hospital, nursing home and similar institution: one space for each three beds.
(h) 
Industrial or manufacturing business: one space for each 400 square feet of gross floor area.
(i) 
Warehouse: one space for each employee.
(j) 
Bowling alley: eight spaces for each alley.
(k) 
Health and fitness center: one space for each 200 square feet of gross floor area.
(2) 
General requirements.
(a) 
All required parking spaces shall be on the same lot as the land use activity they serve except that all or part of the spaces may be provided off-site upon special authorization of the Town Board or Planning Board, as appropriate, or otherwise by the Board of Appeals, when it is impractical to provide parking on the same lot and the proposed off-site parking is within 500 feet of the land use activity.
(b) 
Parking requirements of this section shall not apply to existing land use activities. Existing parking spaces shall not be reduced below the minimum required by this chapter. If an existing land use is changed or modified, the parking required by this chapter shall be provided as appropriate.
(c) 
Unless they are within a driveway, no parking space shall encroach into front or side yards in a residential district or be nearer than 10 feet from any street line or five feet from the side or rear lot lines in any other district.
(d) 
Required parking space for two or more land use activities may be jointly provided upon special authorization of the Town Board or Planning Board, or approval by the Board of Appeals, as appropriate, upon specific findings that there shall be no substantial conflict in the principal periods of peak demand and that the number of spaces available for each land use during peak periods shall meet the requirements of this chapter.
G. 
Accessory dwelling unit (ADU). The installation of a temporary or permanent ADU shall be permitted in A-1, A-2, R-1, R-2 and R-3 Districts subject to the following:
[Added 5-15-2008 by L.L. No. 4-2008]
(1) 
Standards and criteria. All ADU's shall meet the following standards and criteria:
(a) 
The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health and any other applicable codes. When unnecessary hardship is created by compliance with the provisions of this local law, the Zoning Board of Appeals may grant modifications for individual cases.
(b) 
Any additions to an existing building shall not, absent the granting of an area variance, exceed the allowable lot coverage or encroach into the existing setbacks.
(c) 
The ADU may be attached to, within or detached from the principal unit.
(d) 
Only one ADU may be created per residence in single-family zones. Multiple detached ADU's may be created in other zones, but only to the extent that multiple dwelling units may otherwise be created there.
(e) 
The property owner, which shall include title holders and land contract vendees, must occupy either the principal unit or the ADU as his or her permanent or secondary residence, but not both, for at least five months out of the year and shall at no time receive rent for the owner-occupied unit.
(f) 
Occupancy of the accessory or principal unit is limited to family members related by blood, marriage or adoption, or persons having provided satisfactory documentation to the Town Board of the provision of nursing or domiciliary care or assistance to the owner, or a family member related by blood, in partial or full exchange for lodging.
(g) 
Occupancy limited.
[1] 
Occupancy shall be limited to the following:
[a] 
No more than two persons in a unit of 300 to 400 square feet.
[b] 
No more than three persons in a unit ranging from 401 to 1,000 square feet.
[2] 
Occupancy beyond these provisions shall be prohibited.
(h) 
An ADU may be developed in or on either an existing or a new residence.
(i) 
In no case shall an ADU:
[1] 
Be more than 50% of the principal dwelling's total floor area;
[2] 
Be more than 1,000 square feet;
[3] 
Be less than 300 square feet;
[4] 
Have more than two bedrooms.
(j) 
The ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence.
(k) 
The primary entrance to the ADU shall be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the principal unit.
(l) 
One off-street parking space, in addition to that which is required for the underlying zone, or as many spaces as deemed necessary to accommodate the actual number of vehicles used by occupants of both the primary dwelling and the ADU shall be provided. Such parking must be provided in the rear of the lot where adequate access is available. "Adequate access" shall be defined as a dedicated street or alley with a minimum gravel surface.
(m) 
If the ADU is designed for temporary installation (i.e., self-contained, portable unit), it shall be removed within 60 days after the need for such unit has passed. In no event shall such unit be installed for in excess of two years in total. This period may be extended by the Planning Board for good cause, limited to the continued need for use by an elderly or disabled person otherwise qualified under § 280-9G(1)(f).
(n) 
Home occupations, to the extent of those permitted in such zoning districts, shall be allowed, subject to existing regulations, in either the ADU or the principal unit, but not both.
(o) 
In order to encourage the development of housing units for people with disabilities, reasonable deviation from the above-stated requirements shall be permitted to allow features that facilitate accessibility. Such facilities shall be in conformance with the Uniform Building Code[3] and any other federal or New York State requirements.
[3]
Editor's Note: See Ch. 136, Construction Codes, Uniform.
(2) 
Application procedure.
(a) 
Application for a building permit for an ADU shall be made to the Code Enforcement Officer in accordance with the Town of Tully building permit procedures.
(b) 
An attestation form from the owner indicating that he or she shall occupy one of the dwelling units on the premises, except for bona fide temporary absences, for five months out of each year, and the name and relationship of the ADU occupant(s). The attestation form shall have attached to it a copy of the owner's deed.
(c) 
The attestation form or other forms as required by the Town of Tully shall be filed as a deed restriction with the Onondaga County Clerk's office to indicate the presence of the ADU, the requirement of owner-occupancy and other standards for maintaining the unit as described above.
(d) 
Cancellation of an ADU's registration may be accomplished by the owner filing a certificate of cancellation with the Code Enforcement Officer for recording at the Onondaga County Clerk's office or may occur as a result of enforcement action.
(e) 
The owner shall pay the costs of recordation and filing of any documents required to be filed hereunder and any other costs of administration, as such costs may be reasonably established by the Town Board from time to time.
(3) 
Approval authority. The Town of Tully Board shall be charged with determination of eligibility under the foregoing standards and criteria and shall also have all other review and approval authority hereunder.
[Amended 5-13-2009 by L.L. No. 2-2009]
(4) 
Variation from requirements. The Town of Tully Zoning Board of Appeals shall have authority to vary from the requirements hereof pursuant to Town Law § 267-1(b) and Town of Tully Code § 280-14.

§ 280-10 Special conditions.

A. 
Intent. The intent of this § 280-10 is to set forth conditions that shall apply to certain land use activities in the Town of Tully that are listed in Schedule I as having special conditions applicable thereto (SC). No building permit shall be issued for such land use activities until the Zoning Administrator has determined that the conditions and other requirements set forth in this § 280-10, and all other applicable regulations, have been complied with or that a variance thereof has been duly granted by the Board of Appeals.
B. 
Mobile dwellings in all districts are permitted when it can be shown that the mobile home:
(1) 
Will be used as a residence by the owner of a lot upon which a single-family dwelling is under continuous construction; or
(2) 
Will be used by one actually employed in an agricultural use on the premises where the mobile dwelling is located and there is at least one occupied permanent dwelling on the premises; or
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(3), regarding the use of mobile dwellings by a dependent adult related to the occupant, was repealed 5-15-2008 by L.L. No. 4-2008.
(4) 
Meets the lot and yard requirements of the district in which it is located.
(5) 
Unless modified by the Zoning Board of Appeals, authorization for use of a mobile home shall be granted for a period of no longer than two years. The mobile home shall be removed at the expiration of the authorization.
C. 
Roadside stands in A-1, A-2, R-1, R-2, R-3 and IND Districts are permitted when:
(1) 
Products sold are grown or fabricated on the premises.
(2) 
Such stand is located at least 20 feet from the nearest street right-of-way line.
(3) 
Off-street parking is provided.
(4) 
Unless otherwise authorized by the Zoning Board of Appeals, such stand is removed from the premises within three weeks from the date when sales are discontinued for the season.
D. 
Signs in all districts are permitted when such sign complies with the provisions of § 280-9D of this chapter or a variance has been granted by the Zoning Board of Appeals.
E. 
Home occupations in all districts are permitted when:
(1) 
Not more than one nonmember of the family occupying the dwelling unit may be engaged in the activity except for a medical practitioner requiring a medical assistant, in which case nonmembers may not exceed two.
(2) 
The on-premises retail sale of merchandise is prohibited unless otherwise approved by the Town Board.
(3) 
All activity related to the business is conducted only inside the dwelling or a building accessory thereto.
(4) 
The activity shall not be evident outside the structures except for identification signs permitted by this chapter.
(5) 
The need for off-street parking can be satisfied by no more than three parking spaces in addition to those required by the residence.
(6) 
No offensive traffic, odor, noise, dust, glare, or electrical disturbance is produced by the business.
F. 
Swimming pool in all districts are permitted when each such pool, as defined in this chapter, is enclosed by a screening device at least five feet high and designed to provide a barrier to small children and pets, or as required by New York State law or codes/regulations promulgated thereunder.

§ 280-11 Uses requiring special authorization.

A. 
Applicability. This section contains criteria and standards to be used by the Town Board and/or Planning Board when considering approval of a use listed in Schedule I as requiring special authorization by the Planning Board (SPB) or the Town Board (STB). A special authorization shall be governed by the provisions of this Code and such provisions of the New York State Town Law and case law promulgated thereunder governing special (use) permits. No building permit shall be issued for any land use activity requiring special authorization until the Zoning Officer has determined that the conditions and other requirements set forth in this § 280-11 have been complied with or that a variance thereof has been duly granted.
B. 
General requirements. All uses that are subject to special authorization provisions (SPB and STB) shall be subject to the notice provisions of § 280-18 hereof, and require site plan approval from the Planning Board in accordance with § 280-9B of this chapter. In addition, no special authorization shall be granted for any proposed land use activity until there is compliance with applicable requirements specified in Subsection C (SPB) and Subsection D (STB), as these may be modified during review, and upon findings that the proposed activity, as approved, will:
(1) 
Be consistent with, and not impede, an appropriate goal or objective of the Town Comprehensive Plan.
(2) 
Be consistent with, and not impede, the lawful use and development of contiguous and neighboring properties and not unreasonably affect their enjoyment and value.
(3) 
Not create an unreasonable traffic, health or other public hazard or unreasonably burden, or create an excessive demand for, public services.
(4) 
Be within environmental constraints that are reasonable and predictable as determined by the appropriate SEQR investigation and findings.
C. 
Special authorization by the Planning Board (SPB). In addition to the general requirements for special authorization, as set forth in Subsection B, specific requirements for special authorization by the Planning Board for certain land use activities, as set forth below, shall also be applicable.
(1) 
Dwelling, multifamily, townhouse, retirement housing in R-2 District; Retirement housing in R-1 and R-3 Districts. In R-2 Districts, minimum lot area of 15,000 square feet per dwelling unit is applicable only if it can be demonstrated that an adequate sewage disposal system is to be provided. In other districts, Subsection B shall be applicable.
(2) 
Church and religious use in A-1 and A-2 Districts is permitted when such use is duly registered in the State of New York.
(3) 
Retail business benefiting from good highway access in B-1 and IND Districts is permitted when:
(a) 
Driveways and walkways provide safe access, egress and traffic circulation within the site.
(b) 
Entrance driveways from public roads are no wider than 50 feet and at least 100 feet apart and adequately marked and lighted.
(c) 
Opportunities for direct vehicular access to adjacent properties without needing to reenter the highway (service roads, for example) have been examined and evaluated.
(d) 
No structure is placed closer than 50 feet from any adjacent zone boundary or road right-of-way line. Such setback space shall be appropriately landscaped to separate the commercial businesses from future development in the adjacent zone.
(e) 
Access drives and parking areas are landscaped to define spaces and provide visual relief from wide expanses of pavement.
(4) 
Mini-commercial warehouse for self storage in B-1 and IND Districts is permitted when such use is extensively landscaped along front and side boundary lines with a combination of trees, shrubs or earth berms.
(5) 
Commercial animal facility in A-1, A-2 and IND Districts is permitted when such facility is designed and operated so that it does not produce excessive noise and odors that adversely affect adjoining properties.
(6) 
Motel in B-1 and IND Districts is permitted when:
(a) 
No building is located less than 50 feet from an existing residential lot and no off-street parking is located less than 25 feet from a front right-of-way line.
(b) 
Access driveways intersect public roads at approximately 90° and are located no less than 150 feet from the intersection of two right-of-way lines of public roads.
(c) 
Landscaping is provided along road frontages and around parking areas.
(7) 
Bed-and-breakfast in A-1, A-2, R-1, R-2 and R-3 Districts is permitted when:
(a) 
Off-street parking is located and designed in a manner that is consistent with the visual character of the adjacent neighborhood.
(b) 
Access drives intersect public roads at approximately 90° and are located no less than 50 feet from the intersection of two right-of-way lines of public roads.
(c) 
Landscaping is provided around parking areas.
(8) 
Nursery school in A-1, A-2, R-1 and R-2 Districts is permitted when applicable regulations of New York State can be complied with.
(9) 
Drive-in or drive-through business in B-1 District is permitted when entrance and exit routes to service windows are clearly marked, safe and adequate stacking space is provided and landscaping along property lines is provided.
(10) 
Off-site parking facility in all districts is permitted when:
(a) 
Access and exit driveways are clearly defined and no less than 150 feet from the intersection of two right-of-way lines of public roads.
(b) 
Landscaping is provided along lot lines and as needed to define parking spaces and access and egress routes thereto.
D. 
Special authorization by the Town Board (STB). In addition to the general requirements for special authorization set forth in Subsection B, specific requirements for special authorization by the Town Board (STB) for certain land use activities, as specified in Schedule I,[1] shall also be applicable. The Town Board may also require any information or establish performance standards or additional performance standards that it believes are consistent with the Comprehensive Plan and in the best interest of the Town of Tully.
(1) 
Planning Board report. No decision shall be made on any application for special authorization by the Town Board until the Planning Board has reviewed the application and has, as it deems appropriate, filed an advisory report on the proposed land use, or 60 days have passed since the filing of the application, after which sixty-day time period a decision by the Town Board may be made.
(2) 
Accessory dwelling units in A-1, A-2, R-1, R-2 and R-3 Districts are permitted subject to and in accordance with the provisions of § 280-9G.
[Amended 5-15-2008 by L.L. No. 4-2008]
(3) 
Truck or motor freight terminal in IND District is permitted when:
(a) 
Front yards as required by Schedule II[2] are landscaped and not used for parking or storage of trucks or other commercial vehicles.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
(b) 
Outside storage of containers, equipment and similar material is located so as to minimize visual impact from adjacent public roads.
(4) 
Scientific research laboratory in B-1 and IND Districts is permitted when:
(a) 
There is no employee parking in any front yard required by Schedule II.
(b) 
Landscaping in the form of trees, shrubs, earth mounds and similar natural features is provided.
(c) 
Any waste material related to such activity is disposed of in a manner approved by the Onondaga County Health Department.
(d) 
There will be no objectionable noise or smells noticeable on adjoining properties.
(5) 
Telecommunications tower. The intent of these regulations is to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and aesthetic character of the Town. These regulations are not intended to have the effect of prohibiting the provision of personal wireless services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
(a) 
Application.
[1] 
No telecommunication tower shall hereafter be used, erected or changed in any way until approved by special authorization from the Town Board as required by this chapter (See Schedule I.) No existing structure shall be modified for use as a telecommunications tower unless in conformity with these regulations.
[2] 
Antennas and accessory equipment related thereto, other than towers, are permitted in all use districts, provided they are placed on existing structures 30 feet or more in height, other than one- and two-family dwellings.
[3] 
Where these regulations conflict with other regulations of the Town of Tully, the more restrictive shall apply, except for tower height restriction which is to be governed by special standards in this Subsection D(5).
(b) 
Regulations.
[1] 
No telecommunications tower shall hereafter be used, erected, moved, reconstructed or altered except in conformity with terms and conditions of a special authorization by the Town Board. No existing structure shall be modified to serve as a tower unless in conformity with such terms and conditions.
[2] 
Antennas and accessory equipment related thereto, other than towers, are permitted in all districts except R-2 and R-3 Residential Districts.
(c) 
Special standards.
[1] 
Site plan. An applicant shall be required to submit a site plan in accordance with § 280-9B(3) and (4) of this chapter and including documentation on the proposed intent and capacity or use as well as justification for the proposed height of any tower or antenna and for any land or vegetation clearing required.
[2] 
In addition to applicable environmental impact requirements of § 280-9B(4), the applicant shall provide a visual environmental assessment with particular attention to visibility issues from key viewpoints within and outside the Town as identified in the visual EAF. The Town Board may require a more detailed visual analysis based on the results of the visual EAF. All tower and accessory facilities shall be sited to have the least practical adverse impact on the environment.
[3] 
Shared use of existing towers or other existing structures is preferred to the construction of new towers and shall be considered. An applicant shall present a detailed inventory of existing towers within a reasonable distance of the proposed site and analyzing opportunities for shared use of an existing structure as an alternative to new construction. Written requests for shared use, and responses thereto, shall be provided. A document of intent-to-share from an existing tower owner shall be provided by the applicant.
[4] 
The Town Board may require additional setbacks adequate to contain ice-fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.
[5] 
Towers shall not be artificially lighted except to assure human safety and as required by the Federal Aviation Administration (FAA). Structures offering slender silhouettes and painted to blend into the natural surroundings are preferable in most cases. Towers should be designed and sited so as to avoid, whenever possible, FAA lighting and painting requirements.
[6] 
Existing on-site vegetation shall be preserved to the maximum extent possible. Tree plantings may be required to screen portions of the tower from nearby residential and public property, including roads.
[7] 
A suitable road and parking as necessary will be provided to assure emergency and service access.
(d) 
Conditions. The Town Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to the proposed telecommunications tower.
(e) 
Removal upon abandonment. The owner of any telecommunications tower or antenna shall remove such tower/antenna and related facilities if it becomes obsolete or ceases to be used for its intended purpose for a period of 12 months, and a demolition bond or other security suitable to the Town for removing such facilities may be required.
(6) 
Utility structure in all districts are permitted when:
(a) 
It is determined that the design and construction of said structure is largely compatible with the surrounding area.
(b) 
Trees, shrubs and other forms of landscaping are placed around the structure.
(7) 
Adult-oriented business in I District. Permitted when such businesses are established in accordance with Chapter 85, the Town of Tully Adult Use Entertainment Local Law.
[1]
Editor's Note: Schedule I is included at the end of this chapter.

§ 280-11.1 Small wind energy systems and small solar collection systems.

[Added 11-9-2011 by L.L. No. 4-2011]
A. 
Except for those small-scale solar electric systems to be reviewed and permitted pursuant to the New York State expedited permitting process made effective by duly adopted resolution of the Town Board of the Town of Tully (same to become effective as of the effective date of this section), small wind energy systems and small solar collection systems shall be permitted only by special authorization by the Town Board (STB) subject to satisfaction of and compliance with the requirements, conditions and standards provided at § 280-11.1C and D hereof. Such applications for special authorization shall be reviewed and considered subject and pursuant to the laws governing special use permits and those requirements specifically articulated at § 280-11B(1) through (4) of the Town Code.
[Amended 3-1-2015 by L.L. No. 1-2015]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
METEOROLOGICAL TOWER
Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
SMALL SOLAR COLLECTION SYSTEM (OR "SYSTEM" IF UNDER § 280-11.1D)
A panel or other solar energy device, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating. Is intended to serve only those land(s) as improved, upon which it is to be located and/or substantially contiguous lands owned, leased or similarly controlled by the same landowner and with any incidental production of surplus electricity.
SMALL WIND ENERGY SYSTEM
A single-towered wind energy system that:
(1) 
Is used to generate electricity;
(2) 
Has a rated nameplate capacity of 10 kilowatts or less;
(3) 
Has a total height of 100 feet or less; and
(4) 
Is intended to serve only those land(s) as improved, upon which it is to be located and/or substantially contiguous lands owned, leased or similarly controlled by the same landowner and with any incidental production of surplus electricity.
SOLAR ARRAY
A ground-mounted solar collection system consisting of a linked series of photovoltaic modules.
WIND ENERGY SYSTEM
Equipment that converts and stores or transfers energy from the wind into electricity or other usable forms of energy. This equipment includes any base, vane, blade, foundation, generator, alternator, tower, transformer, tail, wire, inverter, batteries, guy wire or other component used in the system.
WIND ENERGY SYSTEM ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades.
WIND ENERGY SYSTEM TOTAL HEIGHT or TOTAL HEIGHT
The vertical distance from the lowest ground level at or nearby the wind tower to the tip of a wind generator vane or blade when the tip is at its highest point.
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
WIND TOWER or TOWER
The monopole, freestanding, or guyed structure that supports a wind generator.
C. 
Small wind energy systems. A small wind energy system as defined in § 280-11.1B shall be considered an accessory use in all zoning districts. The purpose of this section is to establish regulations for the installation, construction, maintenance and operation of small wind energy systems in the Town of Tully for private landowners. The grant of special authorization to permit same shall be subject to the satisfaction of and compliance with certain conditions and restrictions all of which have been determined as reasonable relative to such uses as considered hereunder, in order to preserve the neighborhood and community character, and public health and safety. The following requirements, standards, conditions and restrictions shall apply to the development installed, construction and use of small wind energy systems:
(1) 
Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to the greater of:
(a) 
Any required setbacks applicable to the respective zoning district; or
(b) 
Its total height plus the greater of an additional 20 feet or 25% of the total height from:
[1] 
Any state or county right-of-way or the nearest edge of a state or county roadway, whether or not paved or otherwise improved, and including with limited public sidewalks, whichever is closer;
[2] 
Any right of ingress or egress on the owner's property;
[3] 
Any overhead utility line;
[4] 
(and within) any property line;
[5] 
Any preexisting guy wire, anchor or similar improvement or equipment, incidental to any use, for other small wind energy tower(s) on the property; and
[6] 
The entire front yard and all other areas of the property located between a line projecting along and coterminous with the front of the principal structure to each side lot line, and the public right-of-way, and any portions of the side yard situate outside of an area formed by two diagonal lines each projecting from the front corners of the principal structure to the respective nearest rear lot corners.
(2) 
Access.
(a) 
All ground-mounted electrical and control equipment shall be adequately labeled and secured so as to prevent unauthorized access.
(b) 
The wind tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 15 feet above the ground.
(c) 
Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
(d) 
Clearance. The blade tip or vane of any small wind energy system shall have a minimum ground clearance of 15 feet as measured between the highest ground level near the base of the system and beneath the area of the arc of the blades (or any raised platform, base or similar structure) and the lowest point of the arc of the blades.
(e) 
Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the small wind energy systems, such as appurtenant structures, shall be limited to that minimum required for safety purposes and shall be shielded or screened from abutting properties.
(f) 
Appearance, color and finish. The wind generator and wind tower shall remain painted or finished the color of finish that was originally applied by the manufacturer, provided same is an earth tone, dark green or other color determined to blend or otherwise be aesthetically compatible with the surrounding environment and landscape. If the manufacturer color is other than as required herein, the finish color change required hereunder shall not obscure any manufacturer safety, cautionary or security information noted thereon or otherwise required hereunder and shall utilize a finish which is low gloss and which shall inhibit or prevent rust or corrosion to such components of the system and similar wear and tear from the elements.
(g) 
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, wind tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.
(h) 
Code compliance. A small wind energy system and all of its components shall comply with all applicable construction and electrical codes.
(i) 
Utility notification and interconnection. small wind energy systems that connect to the electric utility shall comply with applicable Public Service Commission regulations.
(j) 
Small wind energy systems attached to any building shall not exceed the permitted height for principle structures within the zoning district.
(k) 
Meteorological towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.
(l) 
Each property (parcel) in excess of five acres, with not more than one principal structure thereon, shall be eligible for up to two small wind energy systems. In Business and Industrial Zoning Districts, additional small wind energy systems may be permitted, but the total number and capacity shall not exceed that necessary to generate the amount of electricity required for the existing or proposed legally permitted uses on the property.
(3) 
Abandonment.
(a) 
The owner of a small wind energy system shall notify the Town of Tully Code Enforcement Officer upon the abandonment of a system. A small wind energy system that is out of service for a continuous six-month period will be deemed abandoned. The Code Enforcement Officer may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond in writing to the notice of abandonment setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action, within 30 days from the date of the notice of abandonment. If sufficient reason is provided, the Code Enforcement Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(b) 
If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the system at their sole expense within three months of the date of the notice of abandonment. If the owner fails to remove the wind generator from the wind tower, the Administrator may pursue a legal action to have the wind generator removed. In such event, and in any other event, all costs of removal, including legal, engineering and administrative expenses, code enforcement fees, costs and disbursements shall be at the owner's expense.
(4) 
Other permits and authorizations. Any property owner seeking to construct a small wind energy system and to connect such system to the main power grid with the capability of transporting energy back to his main power company shall apply to the Public Service Commission (PSC) as well as any other permitting or approving authority having jurisdiction over same, for approval and provide documentation of such approval to the Town of Tully prior to construction and issuance of a building permit. This notwithstanding, no exception, variance or waiver of the provisions hereof shall be premised upon the intent or need, perceived or actual, for facilities designed for or intending to produce surplus energy, i.e., energy production in excess of that needed for the existing uses established on the owner's property.
(5) 
Audible sound due to small wind energy system operations shall not exceed a noise level of 55 dBA at any time, such levels measured from the nearest property line(s) of all adjacent properties improved with (a) dwelling unit(s) at the time of issuance of the special authorization hereunder. The foregoing notwithstanding, such level may be exceeded during extraordinary and infrequent, short-duration events such as utility outages and/or severe windstorms.
(6) 
Electromagnetic interference. The system shall be operated so that no disruptive electromagnetic interference is caused to off-site television, Internet, radio, telecommunications, surveillance and similar systems. If it has been demonstrated that a system is causing such disruptive interference, the system owner shall promptly eliminate the disruptive interference or cease operation of the system.
(7) 
Violations. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section.
D. 
Solar collection systems. Solar collection systems as defined in § 280-11.1B herein shall be considered an accessory use in all zoning districts and subject to issuance of a special authorization, as required at § 280-11.1A. The purpose of this section is to establish regulations to facilitate the installation and construction of solar arrays. The following standards shall apply to the development of solar collection systems:
(1) 
Collection systems, including solar arrays shall be classified as accessory structures and shall not be located in the front yard between the principal structure and the public right-of-way, nor the entire side yard areas on either side of the principal structure.
(2) 
Setbacks: 20 feet from all property lines and other structures.
(3) 
Height: Freestanding collection systems shall not exceed 20 feet in height.
(4) 
Size: Freestanding collection systems on residential properties shall not exceed the greater of 1/3 the footprint of the principal structure or 600 square feet, whichever is greater. The size of arrays for nonresidential properties shall not exceed 1/2 of the footprint of the principal structure.
(5) 
Solar collection systems are permitted to be located on the roof or exterior wall of a structure subject to the following:
(a) 
Collection systems shall not extend more than 12 feet above the roofline;
(b) 
Collection systems shall not exceed the maximum height permitted in the zoning district in which it is located; and
(c) 
Collection systems located on the roof or attached to a structure shall provide, as part of their permit application, a structural certification from a licensed professional engineer (credible manufacturer information to this effect from the system manufacturer may be considered in the alternative) together with the certification of a licensed professional engineer as to the roof's structural integrity and load capacity.
(6) 
Code compliance. Solar collection systems shall comply with all applicable building and electrical codes.
(7) 
Solar collection systems may be located on accessory structures.
(8) 
Collection systems located on property utilized solely for and assessed as an agricultural property and use (which property may however contain a dwelling and dwelling units for farm workers) shall be permitted to have additional collection systems for each building on the property. The size of the system shall be limited to the need of each building.
(9) 
A property owner who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and/or releases from restrictive covenants governing such uses(s) and shall present such instruments at or prior to consideration by the Town Board and, upon approval, shall record such instruments with the Onondaga County Clerk with a copy to the Town Clerk of the Town of Tully of the recorded instrument.
E. 
Waiver authority. In connection with review and issuance of a special authorization for small Wind Energy or solar collection systems, the Town Board shall have the authority to waive the strict application of any of the area, height, location or dimensional requirements under this § 280-11.1. Such waiver(s) shall be granted only upon consideration of the following:
(1) 
Whether the granting of such waiver(s) will result in an undesirable change in neighborhood character or to nearby properties;
(2) 
Whether the granting of such waiver(s) will result in any adverse physical or environmental effects;
(3) 
Whether there are any feasible alternatives to the granting of the requested waiver(s) in order for the applicant to realize the same or substantially similar benefit(s);
(4) 
Whether the requested waiver(s) is/are substantial in nature, i.e., is such request the minimal necessary to achieve the desired benefit;
(5) 
Are there any conditions that can or should be imposed in connection with the grant of (a) waiver(s) to minimize or nullify any adverse impacts or effects;
(6) 
In connection with consideration of a waiver, and as part of any special authorization issued, the Town Board may impose such conditions as they deem reasonable and/or necessary to address the foregoing;
(7) 
Application of the foregoing shall be limited to consideration of the waiver requested as compared to the requirements set forth under this § 280-11.1E. The criteria may be considered collectively and subjectively, such that (a) failure to satisfy or otherwise favorably address any specific or number of criteria, shall not warrant denial of a requested waiver; and
(8) 
The Town Board shall make specific findings within the resolution authorizing or denying (a) waiver(s) addressing each of the foregoing criteria.

§ 280-12 Nonconforming uses and exceptions.

A. 
Existing special authorization.
(1) 
Any land use existing on the effective date of this chapter which has previously been duly authorized by a variance, special authorization or other similar permit, may be continued in compliance with the terms and conditions of the original authorization.
(2) 
If the terms of this chapter, as amended, are more restrictive, any subsequent modification, enlargement or change of the land use shall be subject to the provisions of this chapter as if it were a new use.
B. 
Nonconforming use or structure.
(1) 
Any structure or land use that is lawfully existing on the effective date of this chapter, as it may be amended, and that does not conform to the regulations of this chapter, is a nonconforming use and may be continued.
(2) 
The right to continue a nonconforming use shall cease if it has been inactive for a period of one-year after notification thereof by the Zoning Administrator.
(3) 
A nonconforming use may not be altered, repaired, modified, replaced, relocated or converted unless on the same lot in a way that does not change the use or increase the degree of nonconformity, except upon special authorization by the Board of Appeals.
C. 
Nonconforming lot. Any lot existing on the effective date of this chapter, as amended, that has an area or width less than that specified in Schedule II[1] hereof, may be used for any purpose permitted in the district but there shall be compliance with all other regulations (use, yards, height, etc.) prescribed for the district. Notwithstanding the above, if the owner of such undersized lot also owns adjacent land that could be used to bring the undersized lot into compliance, this should be done when feasible. Approval of new construction or rebuilding on any undersized lot in the R-3 District shall be subject to approval of the proposed sewage disposal system.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
D. 
Existing violations. Any land use existing on the effective date of this chapter, as it may be subsequently amended, that was in violation of any prior regulations or of any special authorization, shall become lawful only to the extent that the activity complies with this chapter.
E. 
Development under existing permit. Development of any land use for which all necessary permits have been issued prior to the effective date of this chapter, as amended, may be completed despite the fact that the development would result in a nonconforming use. However, such permits shall expire one year from the date of issuance unless any construction involved has been substantially completed.

§ 280-13 Administration and enforcement.

A. 
Zoning Administrator. This chapter shall be enforced by the Zoning Administrator of the Town of Tully who shall be appointed by, and serve at the pleasure of the Town Board. One or more persons may perform part or all of the Zoning Administrator's duties. The Zoning Administrator shall have the following duties and responsibilities:
(1) 
To review all applications for zoning permits, approving those that comply with all provisions and requirements of this chapter and disapproving those that do not comply with a written statement of the reasons for disapproval.
(2) 
To inspect, upon completion, all construction or site preparation required for a land use activity; to endorse on zoning permits that the construction or site preparation complies with this chapter and if there has not been compliance, to deny endorsement with a statement in writing of the reason for denial.
(3) 
To investigate complaints and make inspections, to serve written notice of any apparent violations, fixing a reasonable time for the elimination of the violation, and to take any further action that may be required to terminate the violation.
(4) 
To maintain complete records of all zoning permits, issued or denied, and endorsements of them, of all apparent violations and the action taken with respect to them, to submit monthly reports of these matters to the Town Board and the Chairpersons of the Planning Board and Board of Appeals.
(5) 
No zoning permit shall be issued unless a written application for such permit has been filed. The Zoning Administrator shall prepare the form of application which shall provide the information, including plans and surveys, needed to determine compliance of the proposed land use activity with this chapter.
(6) 
Upon completion of any building for which a building permit is required, and prior to occupancy thereof, the Zoning Administrator shall inspect the building for compliance with the chapter and other applicable laws and regulations. If, in the best judgment of the Administrator, the building meets all applicable regulations and specifications, a certificate of occupancy shall be issued and the building occupied. If it is determined that the building or land use is in violation of the chapter, the certificate of occupancy shall not be issued.

§ 280-14 Board of appeals.

A. 
Organization. The Board of Appeals shall consist of five members, all residents of the Town of Tully, to be appointed by the Town Board for staggered terms of five years. One member shall be designated by the Town Board to serve as Chairperson. If a vacancy shall occur, the Town Board shall appoint a successor who shall serve for the unexpired portion of the term of his predecessor.
B. 
Duties and powers. The Board of Appeals shall have the duties and powers conferred upon it by Town Law § 267, and this chapter, including the duties and powers:
(1) 
To hear and decide appeals from, and review any order, requirement, decision or determination made by the Zoning Administrator and to reverse, affirm or modify the order, requirement, decision or determination so that it will conform to the provisions of this chapter.
(2) 
To vary or modify the application of any of the regulations or provisions of this chapter if there is an express finding, pursuant to the § 267(1)(a) for a use variance, or § 267(1)(b) for an area variance, that there are unnecessary hardships in the way of carrying out the strict letter of this chapter or that the applicable criteria set forth in such sections have otherwise been satisfied.
C. 
Procedure. The Board of Appeals shall strictly comply with the requirements of Town Law and this chapter as to hearings, notice and procedure, and referrals to County Planning. In addition, the notice provisions of § 280-18 hereof shall apply to all variance applications. Each appeal or application made to the Board shall be in writing and shall refer to the provision of this chapter that is involved. It shall exactly set forth the interpretation claimed, the use for which authorization is sought, or the variance that is applied for, and the grounds for the proposed action of the Board of Appeals.
D. 
Decision. Every decision of the Board of Appeals shall be by resolution which shall set forth the findings of the Board in the particular case. Within five days after the day it is rendered, each such resolution, together with all documents pertaining to it, shall be filed in the office of the Town Clerk as either an interpretation, or variance. The Board of Appeals shall notify the Zoning Administrator of each variance and of each interpretation made under the provisions of this chapter.

§ 280-15 Relation to other laws.

In its interpretation and application the provisions of this chapter shall be construed to be minimum requirements adopted for the promotion of the public health, morals, safety and general welfare. Whenever the requirements of this chapter differ from the requirements of any other effective law or regulation the requirements imposing the higher standard shall govern.

§ 280-16 Penalties for offenses.

A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

§ 280-17 Amendments.

A. 
Authority. The Town Board may, from time to time, on its own motion, or on petition, or on recommendation of the Planning Board, amend, supplement, change, modify or repeal this chapter in accordance with the notice, hearing and other requirements of law.
B. 
Referrals.
(1) 
Referral to Planning Board. Each proposed amendment, if initiated by a source other than the Planning Board, shall be referred to said Planning Board for review and recommendation thereon before any required public hearing.
(2) 
Referral to county planning. Before taking final action on certain proposed amendments to this chapter, the Town Board shall refer such amendments to the County Planning Board for a report thereon pursuant to §§ 239-l and 239-m of Article 12-B of General Municipal Law or any other applicable laws or amendments to the foregoing laws.
(3) 
Protest. In case of a protest against such proposed amendment signed by the owners of 20% or more of the area of land included in such proposed amendment, or by 20% or more of all land owners within 100 feet from the boundary of the area of land to be included in such amendment, such amendment shall become effective only by a favorable vote of four members of the Town Board.

§ 280-18 Notice provisions.

A special authorization or variance should not be granted unless prior written notice of at least five days has been mailed by or at the direction of the Town Board, Planning Board or Zoning Board of Appeals, as the case may be, Secretary or Attorney, to each owner of property abutting, or across from, the lands of the proposed land use activity or within 500 feet of the perimeter of the lands. Failure to give or receive such notice shall not invalidate any special authorization or variance granted. The applicant shall be required, as part of the application, to furnish the proper names and addresses of the owners to whom mailed notice is required. Absent such furnishing of names and addresses by the applicant, the Town assessment records may be relied upon.

§ 280-19 Reimbursable costs.

Any costs incurred by the Planning, Town or Zoning Appeals Boards for legal, engineering or other professional consultants or similar extraordinary expenses incurred in connection with the review of an application before such respective Board shall be estimated at the time of application or first appearance before such Board and deposited in escrow with the Town Clerk. Any actual balances due shall be paid by the applicant in advance of the decision of the respective Board. The applicant shall be entitled to copies of all invoices submitted to the Town for reimbursement, and such invoices shall be itemized and charged at the rates regularly charged to the Town (or municipalities generally) by the consultant. In addition, such fees shall be subject to any legal requirements or restrictions applicable to the types of applications and the methods of charging professional consultants fees then applicable.

§ 280-20 Construal of provisions, more stringent requirements to apply.

The provisions of this chapter shall be held to be the minimum requirements necessary to accomplish the purpose of this chapter and shall be interpreted and applied as such. When requirements of this chapter conflict with the requirements of other lawfully developed rules, regulations, laws or local laws, the most restrictive, or that imposing the higher standards, shall take precedence.