[HISTORY: Adopted by the Town Board of the Town of Marcellus 10-15-2009 by L.L. No. 4-2009. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating and restricting
the location, erection and use of buildings, structures and the use
of land in the Town of Marcellus and for said purposes dividing the
Town into zoning districts.
The Town Board of the Town of Marcellus in the County of Onondaga,
under authority of Chapter 62, Article 16, of the Consolidated Laws
of the State of New York as amended, hereby enacts and publishes the
following.
This chapter shall be known and may be cited as "Town of Marcellus
Zoning Law of 2009 and Map."
A.
For the purpose of this chapter, certain terms or words used herein
shall be interpreted or defined as follows:
B.
ACCESSORY (IN-LAW) APARTMENT
ACCESSORY USE
ADULT ARCADE
ADULT BOOKSTORE OR VIDEO STORE
ADULT CABARET
ADULT LIVE ENTERTAINMENT
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
ADULT NOVELTY STORE
ADULT USE
ALTERATIONS
ALTERATIONS, STRUCTURAL
ANTENNA
AREA, NET SITE
BASEMENT
BED-AND-BREAKFAST
BUILDING
BUILDING AREA
BUILDING PERMIT
BUILDING SETBACK
BUILDING, ACCESSORY
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING, PRINCIPAL
CARE HOME
CEMETERY
CERTIFICATE OF OCCUPANCY OR COMPLIANCE
CHURCH
CODE ENFORCEMENT OFFICER
COUNTRY STORE
DAY-CARE CENTER
DISSEMINATION
DWELLING
DWELLING AREA
DWELLING UNIT
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
FAMILY
FAMILY DAY CARE
FARM
FARM POND
FILLING STATION
FLOOR AREA
GARAGE, PRIVATE
GARAGE, PUBLIC
GROUP FAMILY DAY CARE
HOME OCCUPATION
HOTEL
KENNEL
LOT
LOT COVERAGE
LOT DEPTH
LOT LINE
LOT WIDTH
LOT, CORNER
LOT, INTERIOR
LOT, THROUGH
MASSAGE
MASSAGE ESTABLISHMENT
MEDICAL CARE FACILITY
MOBILE HOME
MOBILE HOME PARK
NATURAL GAS
NATURAL GAS AND/OR PETROLEUM EXPLORATION
NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION MATERIALS
NATURAL GAS AND/OR PETROLEUM EXTRACTION
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
NATURAL GAS EXPLORATION AND/OR PETROLEUM PRODUCTION WASTES
OUTDOOR STORAGE
PARKING SPACE
PERSON
RECREATION, INDOOR
RECREATION, OUTDOOR
RECREATION, PRIVATE
RECREATION, PUBLIC
ROAD
RURAL OCCUPATION
SPECIAL USE
STORAGE TRAILER
STORY
STREET
STREET LINE
STRUCTURE
SWIMMING POOL
TELECOMMUNICATIONS TOWER
TRAILER
UNIFORM CODE
USE
USE, ACCESSORY
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING PERMIT
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
A secondary dwelling unit, including kitchen facilities,
located within or attached to a single-family dwelling, for occupancy
by a maximum of two persons, one of whom must be a member of the immediate
family (related by blood, marriage, or adoption) of the owner or resident
of the principal dwelling. The secondary unit must contain a minimum
floor area of 400 square feet, but cannot exceed 30% of the total
square footage of the principal dwelling. The secondary unit must
have internal access to the principal dwelling and meet all applicable
building and other codes. The building must maintain the appearance
of a single-family dwelling, and have only one set of utility services.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
An establishment where, for any form of consideration, one
or more still or motion picture projectors, slides projectors, or
similar machines, or other image-producing machines, for viewing for
five or fewer persons each, are regularly used to show films, motion
pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A business that derives 25% or more of its gross income from
the sale, or rental of, or utilizes 25% or more of its retail selling
area for books, magazines, periodicals, films, motion pictures, videocassettes,
slides, compact discs and/or computer generation or other visual representations
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which regularly features persons who appear nude or in
a state of nudity or semi-nudity; or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities; or films, motion pictures, videocassettes, slides, or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A business where an adult male or female exposes parts of
their body identified in specified anatomical areas.
A hotel, motel or similar business that offers public accommodations,
for any form of consideration, which provide patrons with closed-circuit
television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions characterized by the depiction
or description of specified sexual activities or specified anatomical
areas and which advertises the availability of this sexually oriented
type of material by means of a sign visible from the public right-of-way,
or by means of any off-premises advertising, including but not limited
to newspapers, magazines, pamphlets or leaflets, radio or television;
or offers a sleeping room for rent for a period of time less than
10 hours; or allows a tenant or occupant to subrent the sleeping room
for a period of time less than 10 hours.
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials having, as a dominant theme, material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observations by
patrons therein.
A business which derives 25% or more of its gross income
from the sale, or rental of, or utilizes 25% or more of its retail
selling area for any form of consideration, instruments, devices,
or paraphernalia which are designed for use or marketed primarily
for stimulation of human genital organs or for sadomachistic use or
abuse of themselves or others.
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas,
including but not limited to adult arcades, adult bookstores or video
stores, adult cabarets, adult live entertainment, adult motels, adult
motion-picture theaters, adult novelty stores, and massage establishments.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities or
an enlargement, whether by extending on a side or by increasing in
height; or the moving from one location or position to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
A system of electrical conductors that transmit or receive
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 ranges from 10 hertz to 300,000
megahertz.
The total area within the property lines of a project excluding
external streets.
That portion of a building that is partly or completely below
grade.
An owner-occupied, single-family dwelling providing sleeping
accommodations and a meal in the forenoon of the day, on a temporary
basis and for compensation.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The written authorization from the Code Enforcement Officer required before commencing construction or other improvement, removal, relocation or demolition of any building or structure and before the installation of heating equipment or wood burning devices. A permit gives approval for the construction or use, subject to the conditions set forth in § 235-23 of this chapter.
A structure or piece of equipment that serves the principal
use; is subordinate in area, extent, and purpose to the principal
use; and is located on the same lot as the principal use. Examples
of such facilities include transmission equipment and storage sheds.
The line created by the face of the building (as extended
to the side boundary lines) nearest the front line of the lot. This
face includes sun parlors, porches, and decks, whether enclosed or
unenclosed but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A facility occupied as a temporary or permanent residence
by three or more persons, and designed primarily as housing for persons
in need of care or supervision for reasons of chronic illness, handicap,
age, senility, or convalescence. Facilities shall include, for example,
nursing homes, rest homes, homes for prenatal care, and convalescent
homes, but shall exclude medical care facilities.
Land, place, structure, facility, building or any portion
thereof improved and maintained for the interment of human remains
and may include interment structures, such as mausoleums, administrative
and maintenance structures and facilities for conducting funeral services,
but excludes facilities for the cremation of human remains.
[Added 8-12-2013 by L.L.
No. 2-2013]
A written statement from the Code Enforcement Officer or
other properly authorized person that the construction or use proposed
under the same numbered permit, is completed and complies with the
existing regulations of the Zoning Local Law. A certificate of occupancy
serves as authorization to occupy the facility. A certificate of compliance
confirms that the improvements meet all conditions of the permit.
A structure (including a synagogue, mosque, or temple) used
for worship or religious instruction, together with social and administrative
rooms accessory thereto.
A person employed by the Town of Marcellus to enforce the
provisions of this chapter and the Uniform Code.[1] May also be referred to as "Zoning Officer."
A use that would provide opportunities for agricultural enterprises
located in the Town to retail their products directly to consumers.
Agricultural products grown or otherwise produced by the owner must
constitute a substantial portion of all items sold. The sale of other
related items of an agricultural or country nature is permitted to
attract customers and promote the sale of the owner's agricultural
products. Such related items include produce, plants, lawn and garden
supplies, pet food, baked goods, ice cream, clothing items promoting
the store, and the like. Prohibited sales include vehicles, petroleum
products, hardware, tobacco products, beer and liquor, nonpromotional
clothing, furniture, sporting goods, farm or garden machinery, and
other items not related to and designed to promote the agricultural
nature of the establishment.
A facility offering care for three or more children in other
than a residential dwelling, for more than three hours per day, but
not more than 24 hours per day.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a person,
customer, member of the public or business invitee of any material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
A building designed or used exclusively as the living quarters
for one or more families.
See "floor area."
A dwelling or portion thereof providing complete living facilities
for one family.
A building used or designed as a residence for three or more
families living independently of each other.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boarding house, lodging house, club fraternity or hotel.
Consistent with § 390 of NYS Social Services Law,
a program caring for three to six children in a residential dwelling,
for more than three hours per day, but not more than 24 hours per
day. Such program may include an additional one or two school-age
children if those children receive care outside school hours.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and/or dairy products. It includes necessary farm structures
within the prescribed limits, and storage of equipment used. It excludes
the raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels.
Natural or man-made body of water, the primary purpose of
which is agriculture.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning or servicing such motor vehicles.
The sum of the gross horizontal areas of all floors of a
building measured from the exterior faces of exterior walls excluding
attic space with less than seven feet of headroom, basements, garages,
terraces, breezeways, and parking ports.
A garage used for storage purposes only and having a capacity
of not more than three automobiles or not more than one automobile
per family housed in the building to which such a garage is accessory,
whichever is greater.
Any garage other than a private garage, available to the
public, which may be operated for gain, and which is used for storage,
repair, rental, greasing, washing, servicing, adjusting or equipping
of automobiles or other motor vehicles.
Consistent with § 390 of NYS Social Services Law,
a program caring for seven to 12 children in a residential dwelling,
for more than three hours per day, but not more than 24 hours per
day. Care may also be provided for up to four additional school-age
children outside school hours.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An accessory use of a character customarily conducted within
a dwelling by the resident(s), which is clearly secondary to the residential
use of the dwelling, and does not change the residential character
of the dwelling or have any exterior evidence of such secondary use,
except signs as permitted by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building or group of buildings containing rooms that is
to be used, rented, or hired out to be occupied as temporary lodging
for sleeping purposes. Kitchens, dining rooms, meeting rooms, and
other facilities intended for the accommodation of its patrons may
be provided within the building or in an accessory building. A bed-and-breakfast
is not considered a hotel.
One or more structures used for the harboring of more than
three dogs that are more than six months old for commercial purposes.
Land occupied or capable of being occupied by a building
and its accessory buildings, together with such open spaces as are
required, created in compliance with Town ordinances and local laws,
having not less than the minimum area, width, depth and all other
requirements for the zoning district in which said land is located,
as set forth in the Zoning Law, and in compliance with all other applicable
laws, rules and regulations.
That percentage of the lot covered by the area of all buildings
and structures.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
Any line dividing one lot from another.
The width of a lot measured along the street line.
A parcel of land at the junction of and fronting on two or
more intersecting streets or proposed public rights-of-way.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately
parallel streets.
A method of treating the external part of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument
or any other treatment or manipulation of the human body which occurs
as part of or in connection with specified sexual activities or where
any person providing such treatment, manipulation or service related
thereto, exposes his or her specified anatomical areas.
Any business where body rubs, body shampoos, massages (as
defined above) or similar services are administered. This definition
shall not include the profession of massage therapy by persons licensed
or authorized pursuant to Article 155 of the NYS Education Law, nor
to those persons specifically exempt from Article 155 of the NYS Education
Law.
A facility where medical care is offered to persons on an
inpatient or outpatient basis by one or more licensed members of the
medical profession, including hospital, clinic, physicians' office,
but not including home occupations, or nursing and convalescent homes
(see "care home").
A structure, transportable in one or more sections, that
is built on a chassis, and is designed for residential occupancy,
and provided with mechanical systems, such as plumbing, heating, electrical,
and refrigeration equipment. It may be on wheels or a permanent foundation,
but excludes travel trailers, motor homes, camping trailers, and other
forms of recreational vehicles.
A lot on which two or more mobile homes are located.
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature and pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
[Added 1-14-2013 by L.L.
No. 1-2013]
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, which include but are not limited to core or rotary drilling
or making an excavation in the search and evaluation of natural gas,
petroleum, or other subsurface hydrocarbon deposits.
[Added 1-14-2013 by L.L.
No. 1-2013]
Any solid, semisolid, liquid, semi-liquid or gaseous material
used in the exploration or extraction of natural gas.
[Added 1-14-2013 by L.L.
No. 1-2013]
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons.
[Added 1-14-2013 by L.L.
No. 1-2013]
The construction, use, or maintenance of a storage or staging
yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or petroleum storage facility, or a natural
gas or petroleum gathering line, venting station, or compressor associated
with the exploration or extraction of natural gas or petroleum.
[Added 1-14-2013 by L.L.
No. 1-2013]
Any garbage, refuse, cuttings, sludge, flow-back fluids,
produced waters or other discarded materials, including solid, liquid,
semisolid, or contained gaseous material that results from or is associated
with the exploration, drilling or extraction of natural gas and/or
petroleum.
[Added 1-14-2013 by L.L.
No. 1-2013]
The use of land for the outdoor storage of equipment, materials,
supplies, vehicles, or merchandise. Such uses include, by illustration,
lumber, building supplies, equipment, automobiles, and contractors'
storage, but exclude junkyards, waste, or scrap products.
An off-street space used for the temporary parking of one
licensed motor vehicle, not including access driveway, and having
direct access to a public street.
An individual or group of individuals, corporation, association,
partnership, or other entity.[2]
A recreation use or facility designed and equipped for the
conduct of sports, amusement or leisure time activities and other
customary recreational activities within an enclosed building. Examples
include gymnasiums and exercise/fitness centers, community centers,
tennis or other racquet courts, bowling alleys, indoor soccer facilities,
team sports arenas, racquetball and tennis clubs, ice- and roller-skating
rinks, swimming pools, curling centers, billiard parlors, and firearms
ranges, but not including amusement rides or regular live entertainment.
A recreation use or facility designed and equipped for the
conduct of sports, amusement or leisure-time activities and other
customary recreational activities outside of an enclosed building.
Examples include team sports playing fields, including stadiums and
arenas, golf courses and driving ranges, miniature golf, batting and
pitching cages, hard or soft courts, skateboard parks, motorized vehicle
racing, pony rides, firearms and archery ranges, swimming pools, water
slides, ice rinks, and amusement parks.
A recreation use or facility not owned or operated by a public
agency.
A recreation use or facility owned or operated by a public
agency.
See "street."
An occupation that is carried on in a dwelling unit or on
a property where a dwelling unit exists, provided that the occupation
is carried on by the resident owner of the property or a resident
member of the owner's immediate family. A "rural occupation" must
clearly be incidental or accessory to the principal use of the property,
and may include mechanical and/or repair work, engine repairs, appliance
repair, stands for the sale of baked goods, home crafts or nursery
merchandise, small-scale off-site construction, driveway installation
or repairs, landscaping, delivery services, beauty parlors, and small
low-intensity businesses of a similar nature. A "rural occupation"
shall not include restaurants, parking lots, drive-in retail fuel
stations, outdoor storage of inoperative motorized equipment, or other
high-intensity businesses of a similar nature.[3]
A use that is deemed allowable within a given zone, but which
is potentially incompatible with other uses, and therefore, is subject
to special standards and conditions set forth for such use subject
to approval by the Zoning Board of Appeals.
A complete truck used for storage of materials, supplies
or tools, or a van type of trailer such as is usually towed by a tractor.
It may be mounted on wheels or skids and is not intended for habitation.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
A public right-of-way for vehicular traffic that is publicly
owned, open to the general public, and has been accepted by the Town.
The term includes designations such as highway, parkway, road, avenue,
boulevard, lane, place, drive, alley, and other variations.
The common boundary of a street right-of-way, as distinguished
from the pavement, and the front property line of a parcel.
A combination of materials, including a building as defined
herein, to form a construction that is safe and stable and includes
among other things, decks, sheds, fences, swimming pools, display
signs, radio towers, satellite dishes over three feet in diameter
and windmills.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
above-ground, and on-ground swimming pools, hot tubs, and spas.
A structure on which transmitting and/or receiving antenna(s)
are located.
A vehicle designed to be towed for the purpose of transporting
goods, wares, or merchandise.
New York State Uniform Fire Prevention and Building Code
effective January 1, 1984, and as subsequently revised and/or amended.[4]
The specific purpose, for which land, building, or other
structure is designed, intended, arranged, utilized, or maintained.
See "accessory use."
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the front of the building projected to the side lines of
the lot. The depth of the front yard shall be measured between the
front line of the building and the street line. Porches and decks,
whether enclosed or unenclosed, shall be considered as part of the
main building and shall not project into a required front yard.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot, or the center line of the alley
if there be an alley, and the rear line of the building.
An open unoccupied space on the same lot with a main building,
situated between the side line of the building and the adjacent side
line of the lot and extending from the rear line of front yard to
the front line of the rear yard. If no front yard is required, the
front boundary of the side yard shall be the front line of the lot
and if no rear yard is required the rear boundary of the side yard
shall be the rear line of the lot.
The written authorization from the Code Enforcement Officer, other than a building permit, that the construction or use proposed is in accord with the regulations of the Zoning Law. A permit gives approval for the construction or use, subject to conditions set forth in § 235-23 of this chapter.
[2]
Editor's Note: The former definition of "political sign,"
which immediately followed this definition, was repealed 9-7-2022 by L.L. No. 2-2022. See now § 235-26.1, Signs.
A.
Zones; Zoning Map.
(1)
For the purpose of promoting the public health, safety, morals and
general welfare of the community, the Town of Marcellus is hereby
divided into the following zones:
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R-1 Zone: Residential
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|
R-2 Zone: Residential (Lake Shore)
|
|
R-3 Zone: Residential (Multiple Dwelling)
|
|
R-4 Zone: Residential
|
|
A-1 Zone: Agricultural
|
|
B-1 Zone: Business
|
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L-1 Zone: Light Industry
|
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PUD Zone: Planned Unit Development
|
(2)
In addition, overlay controls shall apply in designated areas as
shown on Zoning Map. Subdivisions of these types and additions of
other types may be made as amendments to this chapter.
(3)
Said zones are bounded and defined as shown on a map titled "Zoning
Map of the Town of Marcellus, New York," dated July 2009, and certified
by the Town Clerk which accompanies and which, with all explanatory
matter thereon, is hereby made a part of this chapter. Such Zoning
Map is hereby adopted as the Official Zoning Map of the Town of Marcellus
and shall supersede and replace any and all other Zoning Maps of the
Town of Marcellus.[1]
[1]
Editor's Note: Said Zoning Map and amendments thereto are
on file in the office of the Town Clerk.
B.
Rules for interpretation. The following rules shall apply for any
of the aforesaid zones as shown on the Zoning Map:
(1)
Where zone boundaries are indicated as approximately following the
center lines of streets or highways, street lines or highway right-of-way
lines, such center lines or highway right-of-way lines shall be construed
to be such boundaries.
(2)
Where zone boundaries are so indicated that they approximately follow
the lot lines, such lot lines shall be construed to be said boundaries.
(3)
Where zone boundaries are so indicated that they are approximately
parallel to the center lines of streets, or the center lines of right-of-way
lines of highways, such zone boundaries shall be construed as being
parallel thereto and at such district therefrom as indicated on the
Zoning Map. If no distance is given, such dimension shall be determined
by the use of the scale shown on said Zoning Map.
(4)
Where the boundary of a zone follows a railroad line, such boundary
shall be deemed to be located midway between the main tracks of said
railroad line.
(5)
Where the boundary of zone follows a stream, lake or other body of
water, said boundary line shall be deemed to be at the limit of the
jurisdiction of the Town of Marcellus unless otherwise indicated.
[Amended 1-14-2013 by L.L. No. 1-2013]
Except as hereinafter provided:
A.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, moved or altered unless in conformity
with the regulations herein specified for the zone in which it is
located.
B.
No building shall hereafter be erected or altered:
C.
No part of a yard or other space required about any building for
the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space similarly required
for another building.
D.
Where the Zoning Board of Appeals finds that extraordinary hardship
may result from strict compliance with these regulations, it may vary
the regulations so that substantial justice may be done and the public
interest secured, provided that such variation will not have the effect
of nullifying the intent and purpose of the Official Zoning Map or
these regulations. The foregoing provision does not apply in matters
involving variances.
E.
In residential zones, there shall be only one principal use of a
lot. In all zones, permitted agricultural uses may be carried on in
conjunction with a residential use, but in no event shall a lot contain
more than one residential dwelling structure. In nonresidential zones,
more than one principal use may occupy a lot or structure upon issuance
of a special permit, and site plan review and approval.
F.
Any use not expressly or specifically set forth as a permitted use
in any zone shall be prohibited in that zone. A use specifically set
forth as a permitted use in one zone shall not be permitted in another
zone unless it is expressly and specifically set forth as a permitted
use in said other zone.
The measurements included in the Table of Lot and Building Limitations included as an attachment to this chapter shall apply to the appropriate zone as indicated in the table.
The following regulations shall apply to all uses in the R-1
Residential Zone:
A.
Permitted principal uses:
(1)
One-family dwelling and private garage.
(2)
A church on a lot not less than two acres.
(3)
Public park, playground or recreational area, including those operated
by membership organizations for benefit of members, not for gain.
(4)
Public school, institution of higher education, public library, municipal
building other than a public work garage or a public work storage
area.
(5)
Customary agricultural operations, provided that:
(a)
There shall be no storage of manure or odorous substances within
100 feet of any property line.
(b)
No building shall be erected for farm purposes on any lot of
less than five acres or be nearer than 100 feet to any street line
or 100 feet to any other property line.
(c)
No sales on the premises shall be permitted for any materials,
goods or produce except those grown on the premises.
(d)
These restrictions shall not unreasonably restrict or regulate
farm operations within an agricultural district, unless it can be
shown that the public health or safety is threatened.
(6)
Other uses subject to special permit by Zoning Board of Appeals and
subject to the conditions stated below:
(a)
Recreational facilities, including clubs and lodges. On a lot
of five acres or more, a social club or lodge, and social and recreational
buildings in connection therewith, providing that:
[1]
Such facilities shall be located at such distance from any lot
line as the Zoning Board of Appeals finds to be necessary in any particular
case, but in any event not less than 100 feet.
[2]
The State and County Departments of Health shall certify that
such installation will comply with their respective codes or regulations.
(b)
Care home. On a lot of five acres or more, provided that such
home is located at least 75 feet from any street or lot line and contain
accommodations for not more than 10 patients and staff members per
acre.
(c)
Medical care facility. On a lot of five acres or more, provided
that any building so used be located at least 100 feet from any street
or lot line.
(d)
Day-care center. On a lot of five acres or more, provided that:
(e)
Not-for-profit museums, art galleries, and libraries. On a lot
of two acres or more, provided that the grounds and exterior of all
buildings shall be maintained in conformity with the prevailing standards
of the surrounding residential neighborhood.
(f)
Private school. On a lot of five acres or more, provided that:
[1]
It shall be approved by the State Department of Education.
[2]
If exempt from real estate taxes, it shall not provide sleeping
quarters for more than one resident family in addition to boarding
students, resident teachers and maintenance employees.
[3]
No recreational area in connection with such private school
shall be within 100 feet of any lot or street line.
(g)
Public utility stations or facilities. Facilities include electric
or natural gas substations, water-pumping stations, telephone facilities
and similar installations. A unit electric substation having a maximum
capacity of 10,000 kVA as to any single transformer or a natural gas
substation or water pumping station, or other public utility facility
shall meet the following requirements:
[1]
The area covered by the substation installation shall not exceed
50 feet by 75 feet;
[2]
The minimum size of lot shall be 10,000 square feet with a minimum
width of 75 feet;
[3]
An electric substation installation shall be enclosed by a protective
fence and gate; and
[4]
The location of the station installation within the lot shall
be in accordance with a site plan and with suitable landscaping features
approved by the Zoning Board of Appeals. The provisions of such an
approved site plan with respect to lot size and location of the installation
therein, when approved by such Board, shall be in lieu of the provisions
applicable to the zone in which the lot is located to the extent that
the latter provisions are inconsistent with the approved plan.
(i)
Access to agricultural and/or light industrial zone may be permitted,
provided that the right-of-way is through a lot not less than 150
feet in width, or by other means as approved by the Planning Board.
Access roads must be suitably graded and surfaced not closer than
36 feet to any side line. The area between the roadway and the side
yard shall be suitably landscaped.[1]
(j)
Cemetery: on a lot of five acres or more, provided that:
[Added 8-12-2013 by L.L.
No. 2-2013]
[1]
Notwithstanding § 235-28A(2), such cemetery shall be subject to site plan review and approval consistent with the provisions of § 235-28.
[2]
No burial or memorial plats or buildings shall be located closer
than 25 feet to any residential lot line.
[3]
All burials shall be undertaken in strict accordance with applicable
regulations of the New York State Department of State and Department
of Health.
B.
Permitted accessory uses:
(1)
The raising of field, fruit and vegetable crops.
(2)
A noncommercial greenhouse for personal use.
(3)
On a lot of five acres or less, the keeping of not to exceed one
horse or cow per acre.
(a)
There shall be no storage of manure or odorous substances within
100 feet of any property line.
(b)
No building housing horses or cows shall be nearer than 100
feet to any street line or 100 feet to any other property line.
(c)
These restrictions shall not unreasonably restrict or regulate
farm operations within an agricultural district, unless it can be
shown that the public health or safety is threatened.
(4)
Home occupations, such as barbers, and sale of home produced crafts;
or a professional office or studio of an architect, artist, dentist,
doctor, veterinarian, engineer, lawyer, musician, real estate broker
or agent, surveyor, teacher or member of a similar established profession
(but not including an office or establishment of mortician, undertaker
or embalmer) residing on the premises, providing that:
(a)
The home occupation shall be conducted wholly within the primary
structure on the premises. Not more than 15% of the floor area of
the primary structure or more than 50% of the area of the ground floor
shall be so used.
(b)
No more than one person not residing in the dwelling unit may
be employed in the home occupation.
(c)
Uses such as studios for instruction in vocal or instrumental
music or dancing shall be equipped and used so that sounds therefrom
shall not be heard on nearby premises.
(d)
Signage shall comply with § 235-26.1 of this chapter.
[Amended 5-9-2011 by L.L.
No. 1-2011; 9-7-2022 by L.L. No. 2-2022]
(e)
Adequate off-street parking spaces for the traffic generated
shall be provided so as to effectively eliminate problems created
by on-street parking.
(5)
Other accessory uses and structures such as tool and play houses,
provided that their use shall be customarily incidental to that of
the principal use on the same premises. The uses shall not become
noxious or injurious to the health, safety, morals, or general welfare
of the community by reason of the production or emission of dust,
smoke, noise, refuse matter, odor, gas, fumes, vibration, or similar
substances or conditions. Structures shall be architecturally consistent
with the character of the neighborhood.
(6)
Bed-and-breakfast, subject to special permit by the Zoning Board
of Appeals and the following conditions:
(a)
A special permit will be valid for one year and will be renewable
on an annual basis contingent on successfully passing an inspection
by the Code Enforcement Officer of all applicable conditions.
(b)
Only a morning meal shall be served and only to registered guests.
(c)
The number of guests shall not exceed two per available rental
room and four people maximum.
(d)
Off-street parking shall be provided in accordance with this
chapter without unreasonably changing the existing residential character
of the lot.
(e)
The maximum length of stay shall be seven nights.
(f)
An annual inspection for compliance with current fire codes
will be required, and a guest book shall be maintained and available
for inspection by the Code Enforcement Officer on a yearly basis.
(g)
Hard-wired smoke detectors shall be placed in each bedroom and
on each floor outside the bedrooms.
(7)
Family and group family day care.
(8)
Accessory (in-law) apartment, subject to special permit.
(9)
Permitted accessory buildings not exceeding 160 square feet in area.
[Added 5-11-2015 by L.L.
No. 1-2015]
(a)
The use shall be consistent with and subordinate to the principal
use and may not be carried on independently of the principal use.
(b)
Accessory buildings over 160 square feet in area are allowed upon the issuance of a special use permit pursuant to § 235-27.
(c)
The use must conform to applicable lot and building limitations.
(See the Table of Lot and Building Limitations, Note 4.[2])
[2]
Editor's Note: The table is included as an attachment to this chapter.
The following regulations shall apply to all uses in the R-2
Residential Zone:
A.
B.
Permitted accessory uses:
(1)
All accessory uses permitted in R-1 zone, except that permitted accessory
buildings may not contain more than 120 square feet in area, must
be limited to one story and must be at least three feet from the side
and rear lot lines and meet front setback requirements. (See the Table
of Lot and Building Limitations, Note 3.[2])
[Amended 5-11-2015 by L.L. No. 1-2015]
[2]
Editor's Note: The table is included as an attachment to this chapter.
(2)
Boat houses, bath houses and other structures including boat hoists,
provided that:
(3)
Docks.
The following regulations shall apply to all uses in the R-3
Residential Zone:
The following regulations shall apply to all uses in the R-4
Residential Zone:
NOTE: This zone shall be limited to areas serviced by both public
water supply and public sewerage facilities.
A.
Permitted principal uses:
(1)
One-family dwelling.
(2)
A church on a lot not less than two acres.
(3)
Public park, playground or recreational area including those operated
by membership organizations for benefit of members, not for gain.
(4)
Public school institutions of higher education, public library, municipal
buildings other than a public works garage or a public work storage
area.
B.
Permitted accessory uses:
(1)
All accessory uses permitted in R-1 Zone, except for bed-and-breakfast,
subject to the same requirements as specified, except that permitted
accessory buildings may not contain more than 120 square feet in area,
must be limited to one story and must be at least three feet from
the side and rear lot lines and meet front setback requirements. (See
the Table of Lot and Building Limitations, Note 3.[1])
[Amended 5-11-2015 by L.L. No. 1-2015]
[1]
Editor's Note: The table is included as an attachment to this chapter.
The following regulations shall apply to all uses in the A-1
Agricultural Zone:
A.
Permitted principal uses:
(1)
All principal uses permitted in R-1 zone, subject to the same requirements
as specified.
[Amended 7-14-2014 by L.L. No. 1-2014; 5-11-2015 by L.L. No. 1-2015]
(2)
Two-family dwelling.
(3)
Other uses subject to special permit by the Zoning Board of Appeals
under conditions as stated below.
(a)
Farm product processing plants. On a lot of five acres or more:
[1]
Providing that the principal and accessory structures shall
not be less than 100 feet from any property line.
[2]
No outdoor storage of materials to be processed.
[3]
Off-street loading space for not less than three trucks shall
be provided.
[4]
There shall be no more than one identifying sign, which shall comply with § 235-26.1 of this chapter.
[Amended 5-9-2011 by L.L.
No. 1-2011;9-7-2022 by L.L. No. 2-2022]
[5]
There shall be no discharge of obnoxious waste material.
(b)
Nurseries and greenhouses. On a lot not less than two acres,
and no outdoor storage of manure or animal waste closer than 100 feet
from any property line.
(c)
Indoor and outdoor recreational activities. On a lot of five
acres or more, a social club or lodge, and social and recreational
buildings in connection therewith, providing that:
[1]
Such facilities shall be located at such distance from any lot
line as the Zoning Board of Appeals shall find to be necessary in
any particular case, but in any event not less than 100 feet;
[2]
The State and County Departments of Health shall certify that
such installation will comply with their respective codes or regulations;
and
[3]
There shall be not less than one off-street parking unit for
each three members of a golf, swimming or country club, and one such
parking unit for each five members of other club or lodges.
(d)
Sales yards. Farm sales shall be permitted for products produced
or raised on the property, with the added proviso that stands or other
structures for the sale of such products be located outside of the
public right-of-way. However, farm stands/buildings greater than 150
square feet in floor area shall be subject to setbacks and other requirements
established for the A-1 Zone.
(e)
Airports and other air-landing facilities: on a lot not less
than 2,000 feet longer than the landing facility and width not less
than 1/4 of the aggregate length of the lot.
[1]
Hangars and parking places for aircraft and equipment shall
not be closer than 50 feet from property line.
[2]
Landing strips shall be located in such a way as to afford a
minimum of 50 feet of clearance over any public thoroughfare or right-of-way
for telephone or electric facilities in existence at the time of special
permit, computed at an approach or glide angle of one inch vertically
for 40 feet horizontally, beginning at the end of landing strip.
[3]
Landing strip shall be located not less than 200 feet from any
property line.
(f)
(g)
Mobile homes.
[1]
No enclosed structural additions shall be permitted more than
eight feet in width.
[2]
There are no more than four residential structures within 500
feet of subject mobile home at the time of issuance of permit.
[3]
The mobile home shall be occupied only by the property owner
or members of his/her immediate family.
[4]
The removal of the mobile home from the premises shall terminate
the special permit.
(h)
(i)
Country store.
[1]
Lot not less than five acres.
[2]
Building size and size of indoor retail areas shall be appropriate
to the size of the owner's farm and the type of agricultural products
produced by the owner, not to exceed that required to effectively
market the owner's farm products directly to consumers. In no case
shall the indoor retail area exceed 5,000 square feet.
[3]
Indoor restaurant facilities (where allowed) shall be considered
part of the total retail area and shall not exceed 10% of the total
indoor retail area.
[4]
If indoor restaurant facilities are part of a country store,
public restrooms shall be provided.
[5]
With the exception of minimum lot size (five acres), dimensional
requirements for nonresidential uses and structures shall apply.
B.
Permitted accessory uses:
(1)
All accessory uses permitted in R-1 Zone, subject to the same requirements
as specified. However, a special use permit need not be obtained for
such accessory buildings used in connection with an operating agricultural
farm.
[Amended 5-11-2015 by L.L. No. 1-2015]
(2)
Rural occupation, subject to special permit by the Zoning Board of
Appeals.
The following regulations shall apply to all uses in the B-1
Business Zone:
A.
Permitted principal uses:
(1)
All principal uses permitted in R-1 zone, except for new one-family
dwellings and cemeteries, subject to the same requirements as specified,
with the exception of the minimum five-acre requirement for day-care
centers, care homes, and medical care facilities.
[Amended 8-12-2013 by L.L. No. 2-2013]
(2)
Stores and shops for the conduct of retail business.
(3)
Personal service shops.
(4)
Banks, offices, restaurants and similar community services.
(5)
Veterinary hospital or kennel for boarding and care of small animals.
(6)
Printing shops or plant.
(7)
Motor vehicle sales lots.
(8)
Public works garage or storage areas.
(9)
Other uses subject to special permit by the Zoning Board of Appeals,
under conditions as stated below:
(a)
Public garage or filling station meeting the following requirements:
[1]
No repair work to be performed out-of-doors.
[2]
Pumps, lubricating or other devices to be located at least 20
feet from any street line or highway right-of-way.
[3]
All fuel, oil or similar substances to be stored at least 35
feet distant from any street and lot line.
[4]
All automobile parts, dismantled vehicles and similar articles
to be stored within a building.
(b)
Warehousing and distribution, excluding truck terminal.
(c)
Indoor and outdoor recreation activities.
(d)
Storage containers and dumpsters located at least 20 feet from any
street line or highway right-of-way and in no event closer than the
front building line and provided the same are adequately shielded
from view from the street or right-of-way.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
B.
Permitted accessory uses:
[Amended 5-9-2011 by L.L.
No. 1-2011]
The following regulations shall apply to all uses in the L-1
Light Industry Zone:
A.
Permitted principal uses:
(1)
All principal uses permitted in R-1 and A-1 Zones, except for one-
and two-family dwellings and cemeteries, subject to the same requirements
as specified.
[Amended 8-12-2013 by L.L. No. 2-2013]
(2)
All principal uses permitted in B-1 Zone.
(3)
Analytical, pharmaceutical and commercial laboratories, including
product testing.
(4)
Cabinet makers, carpenter shops, screen door and window manufacturing,
furniture manufacturing and repair, and lumber yards.
(5)
Bookbinding, engraving, printing and publishing plants.
(6)
Bakers and baked goods manufacturing.
(7)
Jewelry manufacturing.
(8)
Development and research centers.
(9)
Warehousing and distribution, excluding truck terminals.
(10)
Other light industrial or manufacturing uses including manufacturing,
fabrication, processing, converting, altering, assembling, or other
handling of products subject to special permit by the Zoning Board
of Appeals.
(11)
Adult uses, subject to special permit by the Zoning Board of Appeals, and conditions outlined in § 235-18.
(12)
Medical care facility.
(13)
Terms for special permits relating to the above:
(a)
Operation shall not cause or result in:
[1]
Emission of dust, smoke, observable gas or fumes, odor, noise,
excess light or radiation, interference with radio or TV reception
or vibration beyond building site;
[2]
Menace by reason of fire, explosion or other physical hazard;
[3]
Harmful discharge of waste material;
[4]
Unusual traffic congestion due to number of vehicles required.
(b)
Operation shall be in harmony with the appropriate and orderly
development of the zone.
A.
Cluster development.
(1)
The Planning Board is granted authority, to be exercised simultaneously
with the approval of plats, to modify the applicable provisions of
the Town of Marcellus Zoning Local Law as they pertain to locations
zoned R-1, R-2, R-3 and R-4, subject to the conditions of § 278
of the Town Law and the other conditions hereinafter set forth.
(2)
In addition to the requirements of § 235-7, Lot and building limitations, the developer shall submit a computation and demonstrate by appropriate documents and drawings the allowable development site density.
(3)
In the event that the application of this procedure results in a
plan showing lands available for park, recreation, open space, or
other municipal purposes directly related to the plan, any conditions
on the ownership use and maintenance of such lands shall be approved
by the Town Board.
B.
Planned Unit Development (PUD) Zone.
(1)
General provisions.
(a)
Provisions are included for a planned unit development (PUD)
Zone to permit establishment of areas in which diverse uses may be
brought together in a compatible and unified plan of development which
shall be in the interest of the general welfare of the public. The
PUD is intended to promote site design and land use flexibility not
feasible in other zones. In PUD Zones, land and structures may be
used for any lawful purpose in accordance with the provisions set
forth herein.
(b)
The classification of any property within the PUD Zone requires
the undertaking of a two-step process involving the approval of both
the Town Board and the Planning Board.
[1]
In the first step, the Town Board, in its legislative capacity,
establishes the boundaries of the proposed PUD Zone and sets limits
on the nature and range of uses, geometric and site controls, and
overall project planning. The Town Board's action is in response to
the applicant's submission of a general outline that sets forth the
contemplated development for the proposed PUD Zone.
[2]
The Planning Board is delegated by the Town Board to be responsible
in the second step for ensuring that the general outline approved
by the Town Board is properly implemented. The Planning Board achieves
compliance by reviewing and approving (if and when acceptable) the
project plan submitted by the applicant. The project plan is the detailed
narrative and graphic documentation for the development of the entire
PUD Zone.
[3]
It is understood that certain public benefit features will be
required to ensure that the quality of design and amenity are sufficient
to justify the departure from conventional zoning restrictions. Emphasis
on the preservation of natural site attributes will be accomplished
through design and placement of structures which complement rather
than conflict with the natural terrain and other natural features
such as trees and watercourses.
(2)
Establishment by Town Board.
(a)
All Planned Unit Development (PUD) zones shall be established
by the Town Board in accordance with the procedures set forth herein.
(b)
Establishment of a PUD Zone is a change to the Zoning Map and
shall be made by the Town Board, pursuant to New York State Town Law
and the following additional requirements:
[1]
Upon receipt of an application, the Town Board shall refer the
PUD proposal to the Planning Board for its advisory opinion on the
establishment of the PUD Zone. The Planning Board shall respond to
the Town Board with a written report of its findings and recommendations
within a time period established by the Town Board, to be not less
than 30 days and not more than 90 days, unless modified by mutual
agreement of the Town Board and Planning Board.
[2]
The Town Board is the lead agency for purposes of the New York
State Environmental Review Act (SEQR) and shall determine the environmental
significance of the proposed PUD Zone pursuant to SEQR and make the
appropriate notification or referrals to the applicable municipalities
or other levels of government.
[3]
Prior to any public hearing, the Town Board may meet informally
with the applicant, the Planning Board, or other interested parties
to discuss the PUD proposal.
[4]
Upon public notice of at least 10 days, the Town Board shall
conduct a public hearing, after which and upon the consideration of
the recommendations by the Planning Board and other agencies, it may
vote upon the establishment of the PUD Zone.
[5]
The Town Board shall, in its resolution adopting the PUD Zone
change, transfer the PUD Zone to the reviewing authority of the Planning
Board for project plan approval and shall instruct the Planning Board
of the specific uses, area, and other geometric controls to be maintained
in the PUD Zone or in designated subareas and may stipulate project
phasing and a timetable of Planning Board review. The resolution shall
include a copy of the approved schematic plan of the proposed PUD
Zone.
(c)
In order to obtain approval of the Town Board for establishment
of a PUD Zone, the following documents shall be submitted:
[1]
A written narrative outlining the applicant's overall concept
for the proposed PUD Zone, including but not limited to an explanation
of how the proposed PUD conforms to the Town's Comprehensive Plan;
the range and mix of land uses; development density; building types;
impact upon existing and provision for public facilities, including
traffic; points of access; parking; open space/recreation areas; and
project financing and phasing.
[2]
A schematic plan of the site, drawn to scale, graphically depicting
the land use, development, density, and improvements addressed in
the applicant's narrative statement.
[3]
Appropriate environmental assessment forms, as determined by
the Town, in accordance with SEQR. An Environmental Impact Statement
(EIS) may be required.
[4]
A survey of the property or properties proposed for inclusion
in the PUD Zone.
(d)
The Town Board may identify portions of a PUD Zone as discrete
geographic subareas of the project. Such designated subareas may have
land uses or standards different from the balance of the PUD Zone,
provided that such designated subareas are fully integrated in the
overall development for the entire PUD Zone.
(e)
The Town Board may establish the sequence in which development
of a PUD Zone shall proceed by specifying the order in which subareas,
sections, or phases of a PUD are to be developed. If not specified
by the Town Board, the Planning Board may establish a sequence of
project staging during project plan review.
(f)
If a proposed PUD Zone is to be undertaken in a staged development,
the Town Board may stagger the schedule of the Planning Board's project
plan approval to correspond with the approved project staging.
(3)
Approval by Planning Board.
(a)
Finalization of the PUD.
[1]
The PUD Zone regulations are effective to a specific site, and
the Zoning Map is amended upon adoption of an approval resolution
by the Town Board. No permits or other approvals may be issued until
a project plan has been approved by the Planning Board.
[2]
Failure to obtain project plan approval within the required
time limits shall cause the original authorization of the Town Board
to lapse, and the Planning Board shall refer the property or properties
to the Town Board for a zone change back to the original zone.
[3]
The project plan is a detailed narrative and graphic documentation
for the development of the entire land area or of designated subareas
within the PUD Zone and, unless otherwise specified, shall be approved,
with modifications, or disapproved by the Planning Board within 180
days of the approval date of the PUD Zone by the Town Board and receipt
of a complete application package.
[4]
The Planning Board shall evaluate the project plan in accordance
with the resolution of the Town Board's authorizing establishment
of the PUD Zone, applicable site plan review standards, subdivision
standards, and all applicable laws, codes, and standards of Onondaga
County and New York State.
[5]
Unless specified by the Town Board, the Planning Board shall
be responsible to approve the schedule and order of development within
the PUD.
(b)
Planning Board responsibilities.
[1]
The Planning Board may not specifically prohibit nor permit
uses or structures not similarly authorized or prohibited by the Town
Board.
[2]
The Planning Board shall ensure compliance of the project plan
with the area and geometric controls specified in this section unless
modified by the Town Board, and with the Town Board resolution establishing
the PUD Zone.
[3]
Upon review by the Planning Board of all detailed site plans
within the PUD, it shall determine:
[a]
Whether the detailed site plan is consistent with
and carries out the intent of the project development plan as approved.
[b]
Whether, in the opinion of the Planning Board,
arrangements for the ownership and maintenance of common land are
workable and will result in the permanent preservation of such land
for its indicated use.
[c]
Whether, if the application involves less than
the total area of the planned unit development, the development proposed
under the site plan could exist by itself as a unit capable of sustaining
an environment of continuing quality and stability consistent with
the project plan. Stages of total communities or new towns may be
waived from this determination.
(c)
Project plan documents.
[1]
Project plans must include maps, drawings, and other materials
that show:
[a]
Site plans for all construction for which building
permits are sought and all adjoining or adjacent structures.
[b]
Landscaping plans showing all open space, plazas,
malls, courts, and pedestrianways within or immediately surrounding
the proposed construction.
[c]
Grading plans using United States Geologic Survey
(USGS) datum showing existing and proposed topographic contours within
and surrounding the proposed construction.
[d]
Improvement plans showing existing and proposed
drainage, water and sanitary sewer facilities, easements if any, within
or affected by the proposed development.
[e]
Vehicular and pedestrian traffic circulation plans
showing proposed streets, points of access, sidewalks, and off-street
parking and loading to serve any proposed building or facilities.
[f]
General floor plans and building elevations of
proposed structures.
[g]
Other items as determined by the Planning Board
including, but not limited to, lighting, snow storage, and signage.
[h]
Construction schedule, sequence of development,
and project financing.
[i]
Designated area(s) reserved for parkland.
[2]
The Planning Board may require submission of additional material
to explain and/or justify the project plan, which could include, but
is not limited to, the following:
[a]
Information necessary to assure compatibility of
the proposed project with adjoining existing uses and to Town planning
objectives.
[b]
An explanation of the manner in which all requirements
of the overall project plan and of other applicable regulations are
to be met and in which adequate access for emergency vehicles and
fire protection is to be maintained.
[c]
Payment-in-lieu-of-land for parklands.
[d]
Bonding security for proposed public improvements.
(d)
Project plan approval and SEQR compliance. Project plan approval
is a Planning Board action, and separate from the Town Board establishment
of the PUD Zone and shall be conducted in accordance with the applicable
procedures and requirements, including New York State Town Law and
SEQR. Separate environmental analysis of each project phase may be
necessary to supplement the initial SEQR determination and findings
made for establishment of the PUD Zone.
(4)
Performance standards.
(a)
Unless the Town Board establishes other controls or standards
at the inception of the PUD Zone, the following shall apply uniformly
to the entire PUD Zone or to designated portions.
(b)
Permitted uses.
[1]
The Town Board shall specify the permitted uses within the PUD Zone when such zone is initially established and may identify specific uses for lots or subareas within the PUD Zone. Where residential uses are permitted, the Town Board may establish the unit densities. If the Town Board chooses not to establish densities, the provisions of Subsection B(4)(d)[3] shall apply.
[2]
The PUD shall also be used to address uses, which, due to their
size or character, have potentially significant impacts and require
maximum review of location, scale, and design.
(c)
Minimum area.
[1]
No PUD Zone shall have a gross land area of less than 10 acres,
exclusive of existing public rights-of-way.
[2]
Once established, a PUD Zone may be enlarged to include other
contiguous areas regardless of their size. Such areas, if separated
by a public right-of-way, may be considered contiguous if, in the
opinion of the Town Board, the continuity of the original PUD Zone
is maintained or enhanced.
(d)
Dimensional controls. Unless otherwise specified by the Town
Board, the following shall apply:
[1]
Distance between buildings.
[a]
Front, rear, and side yards for residential uses
shall be designed so that a building is not closer than 20 feet to
any other residential building and 50 feet to any nonresidential building.
[b]
Front, rear, and side yards for nonresidential
uses shall be designed so that a building is not closer than 30 feet
to any other nonresidential building and 50 feet to any residential
building.
[c]
For purposes of interpretation, a structure that
contains both residential and nonresidential uses shall comply with
the requirements of Subsection B(4)(d)[1][b].
[d]
Accessory structures shall be no closer than 10
feet to the principal structure with which they are associated and
no closer than 20 feet to any other principal structure, and five
feet to any other accessory structure.
[2]
Distance from lot lines. The minimum distance between any point
on a principal structure and the lot line shall not be less than 10
feet.
[3]
Density of development. Unless the Town Board has established a minimum density pursuant to Subsection B(4)(b), all residential development shall provide an average density of 10,000 square feet of land per dwelling unit. Commercial and industrial uses shall maintain a minimum of 20,000 square feet of land per each building.
[4]
Lot coverage. Maximum lot coverage for all development within
a PUD Zone shall not exceed 30% of the gross land area.
[5]
Height. The maximum height of all principal structures shall
not exceed 35 feet for residential buildings, 40 feet for commercial
or industrial buildings, and 15 feet for accessory structures.
[6]
Parking/loading. The provisions of § 235-21 of this chapter shall apply to PUD Zones. Shared parking and storage may be included in the calculation of the overall parking compliance.
[8]
Modifications and amendments.
(e)
Unless otherwise provided by the Town Board or Planning Board,
all land use activities situated within and in existence on the effective
date of the PUD classification or developed in accordance with an
approved project plan may be altered or modified. Such modifications
shall be subject to the approval of a project amendment by the Planning
Board in the event of the following:
[1]
Change in type or location of approved land use.
[2]
Increase in floor area in excess of 10% of a principal or accessory
structure.
[3]
Demolition of a principal structure, except where mandated by
an appropriate official in the interest of public safety.
[4]
Establishment or realignment of new streets or other public/common
areas.
[5]
Any change to landscaping, open space, parking, public facilities,
or other improvements addressed in the project plan.
(f)
Any modifications not addressed or exceeding the limits established
at the inception of the PUD Zone shall be reviewed and approved by
the Town Board.
(g)
It is the intent of the PUD Zone that no nonconforming elements
will exist within the zone. The flexibility of the land use and geometric
controls and review procedures should prevent the creation of any
nonconforming element. In the event that nonconformity does exist,
any subsequent changes shall conform to the zone controls and shall
be subject to an issuance of a project plan amendment by the Planning
Board.
A.
Purpose. The purpose of this zone is to preserve the Nine Mile Creek
corridor and tributaries, and to protect the area from development
that may potentially pose a threat to the special characteristics
of this unique resource. It will also provide recreational amenities
and enhance the aesthetic quality of the community.
B.
Regulations. Land within the boundaries of this zone is subject to
the regulations and controls of both the overlay zone and the underlying
zone. In the event of conflict between the zones, the more restrictive
requirement shall apply. The boundaries of the overlay zone shall
be as shown on the Town's Zoning Map, and are generally established
as 100 feet from: (1) the stream; (2) one-hundred-year floodplain;
or (3) NYSDEC wetland, whichever is greater. In the area around Otisco
Lake, the boundary is 50 feet.
C.
Proposed activities.
(1)
Proposed activities within the CEA shall require a special permit
from the Zoning Board of Appeals. Such activities may include, but
not be limited to construction, excavation or fill, clearing of existing
vegetation, destruction of wildlife habitat, or any activities that
would cause erosion.
(2)
Activities that do not require a special permit include:
(a)
Maintenance of existing landscaping or natural vegetation;
(b)
Minor or temporary uses of land that have negligible impact
on the environment;
(c)
Alterations, repairs, or improvements to existing structures,
other than expansion;
(d)
Installation of playground equipment or structures less than
100 square feet that have negligible impacts to the environment; and
(e)
Maintenance of driveways and roads.
(3)
If unclear, the Code Enforcement Officer will determine whether a
proposed activity qualifies under any of these cases. The Codes Enforcement
Officer, at his discretion, may refer the decision to the Zoning Board
of Appeals.
D.
Applications. All applications for special permit shall include a
completed SEQR long Environmental Assessment Form (EAF).
E.
Costs. If in the opinion of the Town, it is necessary to seek assistance by an engineer, landscape architect, or other professional in the review of any application for special permit, the cost shall be borne by the applicant. See Chapter 105, Article I, Development and Project Fees, of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Purpose. The purpose of this zone is to balance transportation functionality
of a highway corridor with environmental considerations and land use.
The intent is to preserve the scenic vistas of the corridor, while
at the same time, providing additional controls and/or opportunities
for specific types of development along the corridor.
B.
Location. The requirements of this zone shall apply to the following
highway corridors, as shown on the Zoning Map: U.S. Route 20, from
NY Route 174 easterly to the Town line.
C.
Regulations. Land within the boundaries of this zone is subject to
the regulations and controls of both the overlay zone and the underlying
zone. In the event of conflict between the zones, the more restrictive
requirement shall apply.
E.
Setbacks. The minimum front yard setback shall be 100 feet from the
street line.
A.
Purpose. It is recognized that buildings and establishments operated
as adult uses have serious objectionable operational characteristics.
In order to promote the health, safety and general welfare of the
residents of the Town of Marcellus, this section is intended to restrict
adult uses to industrially zoned areas of the Town. The Town Board
has found that the operational characteristics of adult uses and the
secondary effects of adult uses increase the detrimental impact on
a community when such uses are spread throughout the community. Therefore,
this section is intended to promote the health, safety and general
welfare of the residents of the Town of Marcellus by regulating the
concentration and location of such adult uses. This section has neither
the purpose nor effect of imposing a limitation or restriction on
the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent or effect of this section
to restrict or deny access by the distributors and exhibitors of adult
entertainment and/or sexually orientated entertainment to their intended
market. Neither is it the intent nor effect of this section to condone
or legitimize the distribution of obscene material.
B.
Restrictions. All adult uses shall comply with the applicable provisions
of the Zoning Local Law including those relating to structures and
uses permitted in the L-1 Light Industry zone. In addition, no person
shall construct, establish, operate, or maintain, or be issued a certificate
of occupancy for, any adult use within the Town unless such use meets
the following standards:
(1)
No more than one adult use shall be allowed or permitted on any one
lot.
(2)
No adult use shall be allowed on a lot that is closer than 500 feet
from:
(a)
A structure in which there is another adult use;
(b)
Any residential or business zone;
(c)
Any structure that is utilized, in whole or in part, for residential
purposes;
(d)
Any church or other regular place of worship, community center, funeral
home, library, school, nursery school, day-care center, hospital or
public park, playground, recreational area or field;
(e)
Any public buildings; and
(f)
Any hotels or motels.
(3)
Where there is a conflict between these regulations and any other
law, rule or regulation of the Town including the Zoning Local Law,
the most restrictive law, rule or regulation shall apply.
(4)
All distances set forth herein shall be measured from lot line to
lot line.
C.
Observation from public way. No adult use shall be conducted in any
manner that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any other lot, including but not
limited to any lighting, display, decoration, poster, photograph,
video, sign, show, doorway, window, screen or other opening.[1]
[Added 1-14-2013 by L.L.
No. 1-2013]
A.
Prohibited uses. The following uses and activities are hereby expressly
and explicitly prohibited in each and every zone within the Town,
and no building or structure, permanent temporary or otherwise, shall
be created, altered, maintained or erected, and no body of water,
land, or building or structure thereon shall be used, for any such
uses or activities:
(1)
Prohibition against the exploration for or extraction of natural
gas and/or petroleum. No land in the Town shall be used: to conduct
any exploration for natural gas and/or petroleum; to drill any well
for natural gas; to transfer, store, process or treat natural gas;
or to dispose of natural gas exploration or production wastes; or
to erect any derrick, building, or other structure; or to place any
machinery or equipment for any such purposes.
(2)
Prohibition against the storage, treatment and disposal of natural
gas and/or petroleum exploration and production materials. No land
in the Town shall be used for: the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production
materials.
(3)
Prohibition against the storage, treatment and disposal of natural
gas and/or petroleum exploration and production wastes. No land in
the Town shall be used for: the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production
wastes.
(4)
Prohibition against natural gas and/or petroleum support activities.
No land in the Town shall be used for natural gas and/or petroleum
support activities.
B.
No application to customary local distribution lines etc. The prohibited
uses set forth above in this section are not intended, and shall not
be construed, to:
(1)
Prevent
or prohibit the right to use roadways in commerce or otherwise for
travel;
(2)
Prevent
or prohibit transmission lines or the transmission of natural gas
through utility pipes, lines, or similar appurtenances for the limited
purpose of supplying natural gas to residents of or buildings located
in the Town; or
(3)
Prevent
or prohibit the incidental or normal sale, storage, or use of lubricating
oil, heating oil, gasoline, diesel fuel, kerosene, propane in connection
with legal or otherwise permitted, agriculture, residential, business,
light industrial and other uses within the Town.
C.
Invalidity of permits. No permit issued by any local, state or federal
agency, commission or board for a land use which would violate the
prohibitions of this section shall be deemed valid within the Town.
A.
Defined. A nonconforming use is any structure, use, or lot, lawfully
existing at the time of the enactment of this chapter or any amendment
affecting such structure, use, or lot that does not conform to the
regulations of the zone in which it is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Continuation. A nonconforming use may be continued subsequent to
adoption of this chapter or any amendment affecting such use, but
the structure shall not be enlarged or altered in a way which increases
its nonconformity, and the use shall not be enlarged or increased
to occupy a greater area of land.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Extension. A nonconforming use may be extended throughout any parts
of a building which were manifestly arranged or designed for such
use at the time of adoption of this chapter or any amendment affecting
such use. A nonconforming use may not be changed to another nonconforming
use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Placing in safe condition. Nothing in this chapter shall be deemed
to prevent the strengthening or restoring to a safe condition of any
structure declared unsafe by any public official.
E.
Alteration or resumption of use. A nonconforming structure or use
may not be altered, rebuilt, or resumed, except in conformity with
the regulations for the district in which it is located, under the
following conditions:
(1)
It has once been changed to a conforming use.
(2)
A nonconforming use of land has ceased for any reason for a period
of more than 30 days.
(3)
A nonconforming use of a structure has ceased for a consecutive period
of six months or for 18 months during any three-year period. An application
for time extension for up to 12 months may be submitted to the Zoning
Board of Appeals for consideration.
F.
District changes. Whenever an area is transferred from a district
of one classification to a district of a different classification,
the above regulations shall apply to nonconforming uses created by
such transfer.
A.
Dimensions. All parking spaces, exclusive of handicap spaces, shall
be 10 feet by 20 feet, unless otherwise approved by the Planning Board.
B.
Requirements. The following off-street parking spaces shall be provided
and satisfactorily maintained by the owner of the property for each
building erected or altered for use for any of the following purposes:
(1)
Dwelling: at least two parking spaces for each dwelling unit and
at least one parking space for every two boarders and/or lodgers resident
therein.
(2)
Theater, church or other place of public assemblage: at least one
parking space for every six seats, based on maximum seating capacity.
(3)
Hotel, motel, bed-and-breakfast: at least one parking space for each
guest sleeping room.
(4)
Restaurant or other eating place: at least one parking space for
every four seats.
(5)
Medical care facility: at least one parking space for every four
beds.
(6)
Retail store, personal service shop, undertaking establishment, kennel,
pet shop and veterinary hospital: at least one parking space for every
300 square feet of floor area.
(7)
Bank and office building: at least one parking space for every 500
square feet of floor area.
(8)
Industrial or manufacturing establishment: at least one parking space
for every four employees during the greatest shift.
(9)
Public, private, and parochial schools: at least one parking space
for each classroom therein.
C.
Loading/unloading. Loading/unloading spaces shall be provided and
satisfactorily maintained (by the owner of the property) for each
building erected or altered for use for any of the following purposes:
(1)
Hotel or motel: at least one space.
(2)
Restaurant or other eating place: at least one space.
(3)
Medical care facility: at least one space.
(4)
Retail business, office, or service establishment: at least one space
for each 5,000 square feet of floor area.
(5)
Bank or office building: at least one space.
(6)
Industrial or manufacturing establishment: at least one space for
every 10,000 square feet of total floor area.
D.
Additional spaces. Subsequent to construction of improvements, if
provisions for parking and/or loading are determined by the Town to
be insufficient for the activities on the property, the Town may require
that additional spaces be provided.
E.
Additional regulations.
(1)
All parking spaces shall be on the same lot with the principal building, except that such parking spaces may be otherwise located upon approval of the Zoning Board of Appeals granted in § 235-27 of this chapter and the procedures set forth, and upon further finding that it is impractical to provide parking on the same lot with such building.
(2)
When the application of a unit of measurement for parking spaces
to a particular use or structure results in a fractional space, any
fraction under 1/2 shall be disregarded and fractions of 1/2 or over
shall be construed to require one parking space.
The Town Board of Marcellus may, from time to time, designate
and appoint and pay compensation to a person or persons to administer,
supervise and enforce the rules and regulations of this chapter.
A.
Any person wishing to change or expand the use of any building, structure
or land or erect any building or structure, or perform any work which
must conform to the Uniform Code and/or the Energy Code, including,
but not limited to, the construction, enlargement, alteration, improvement,
removal, relocation or demolition of any building or structure or
any portion thereof and the installation of a solid fuel burning heating
appliance, chimney or flue in any dwelling unit, shall apply to the
Town Clerk for a building or zoning permit. Application forms for
this purpose may be obtained from the Town Clerk. The applicant must
affirm on said application that all requirements of the Zoning Law
and Uniform Code as herein defined shall be complied with. If the
application appears in correct form and for a permitted use in compliance
with this chapter, the Code Enforcement Officer shall issue a zoning
permit or building permit to the applicant within 10 days of the date
of filing. The reason for rejection shall be noted on the copy returned
to the applicant.
B.
No building or structure hereinafter erected or altered shall be
occupied or any change of use or expansion of use implemented until
a certificate of occupancy or compliance has been issued by the Codes
Enforcement Officer to the applicant. It is the responsibility of
the applicant to notify the Code Enforcement Officer upon the completion
of the construction to the building or structure or of the change
or expansion in use. The Code Enforcement Officer will then inspect
the project. If said inspection reveals the requirements of this chapter
have been complied with and all the requirements of the New York State
Uniform Protection and Building Code arc complied with, then the Code
Enforcement Officer shall issue a certificate of occupancy or compliance
within 30 days.
C.
New building and vacant land. Construction on any building hereafter
erected shall not be commenced nor shall vacant land be occupied or
used, in whole or in part, until the appropriate permit shall have
been issued by the official designated by the Town Board and posted
on the premises certifying that such building, its location, and its
use and the use proposed for the land conforms to the provisions of
this chapter.
D.
Buildings hereafter altered. No building shall hereafter be enlarged
or extended or altered, wholly or in part, so as to change the classification
of occupancy, and no building hereafter altered for which a permit
has not been heretofore issued, shall be occupied or used, in whole
or in part, until a certificate of occupancy shall have been issued.
E.
Changes of occupancy of existing building.
(1)
No change of occupancy, use or construction shall be made in a building
hereafter unless the official designated by the Town Board certifies
that such changes conform substantially to the provisions of this
chapter and a certificate of occupancy or compliance has been issued.
F.
Length of validity. Permits shall be valid for up to one year from
date of issue. Upon application to the Zoning Board of Appeals, a
one-year extension may be granted, provided that such an application
shall be made in writing prior to the end of the first year. If at
the end of two years substantial work has not been done, the permit
shall expire and shall be null and void.
A.
Purpose. The purpose of this section is to regulate and control modification
of the topography of the land by excavating, grading, filling or similar
activities. The Town of Marcellus finds that the uncontrolled modification
of existing topography has resulted in the destruction of natural
ground cover, air pollution, soil erosion, stream and pond sedimentation,
and alteration and disruption of natural drainageways and has adversely
affected the health, safety, and general welfare of the Town's residents.
B.
Application. This section shall apply to all real property in the
Town. To the extent that the Mined Land Reclamation Act,[1] or NYS Environmental Conservation Law does not otherwise
apply, a permit as described in this section is required wherever
it is proposed to modify the topography of such real property in any
one of the following ways:
(1)
Removal of natural vegetation from an area in excess of 10,000 square
feet;
(2)
Grading, excavating, or filling an area in excess of 10,000 square
feet, or in excess of two feet in depth;
(3)
Grading resulting in the obstruction of a drainageway; or
(4)
Grading resulting in the construction of a new drainageway.
[1]
Editor's Note: See Environmental Conservation Law, Article
23, Title 27.
C.
Fill.
(1)
Upon issuance of a permit, soil, rock, stone, gravel, sand, cinders,
and uncontaminated construction and demolition debris of the type(s)
specifically listed in this section may be used to fill a site or
portion of a site to grade(s) approved by the Code Enforcement Officer
and/or Town Engineer.
(2)
The term "uncontaminated construction and demolition debris" shall
include only bricks, concrete and other masonry materials, plaster,
drywall, and asphaltic pavement resulting from the construction, remodeling,
repair and demolition of structures and roads that is not contaminated
by other foreign materials, including but not limited to: asbestos,
garbage, electrical fixtures, transformers, fluorescent lights, carpeting,
furniture, appliances, tires, metal, drums, or containers of any size.
D.
E.
Topsoil removal. It shall be unlawful to strip topsoil for sale or
for use on other premises, except as may be incidental to a construction
project and confined to the construction area.
F.
Permit. It shall be unlawful for any person to modify existing topography as provided in Subsection B without first obtaining a valid permit from the Code Enforcement Officer. An applicant for permit must submit an application that meets the requirements of Subsection G. If the application is incomplete, the Code Enforcement Officer shall return it to the applicant, specifying the manner in which it is incomplete. Upon receipt of a complete application, the Code Enforcement Officer may refer the application to the Planning Board for review. The Planning Board may schedule a public hearing, grant the permit with or without modifications, or deny the permit.
G.
Permit application. The completed application shall include the appropriate
fees, a narrative describing the proposed action, and a site location
plan showing site, property lines, general topography, and area drainage.
In addition, the following information may be required, at the discretion
of the Town:
(1)
A map of the area to be modified showing original and final contours
at maximum two-foot intervals, direction of drainage flows and appropriate
information on adjacent properties as they affect or are affected
by the applicant's site;
(2)
Erosion, runoff, and siltation control measures in accordance with
New York State guidelines;
(3)
Dust, mud, and debris control on public highways;
(4)
Hours of operation and duration of proposed work, including a specific
completion date;
(5)
Screening for surrounding areas, if required;
(6)
Reclamation, including suitable replacement of ground cover, topsoil
and seeding, erosion and runoff control;
(7)
A completed SEQR EAF;
(8)
An agreement executed by all owners of record, in recordable form
if required, giving a right of entry to agents of the Town. Failure
to perform in accordance with the requirements of this chapter and
the conditions of the permit may result in revocation of the permit
and completion of the required reclamation by the Town. Should the
Town complete the reclamation upon the permittee's failure to do so,
such work shall be completed at the sole cost of the permittee; and
H.
Deposit. The Planning Board may specify a deposit with the Town Clerk
of a minimum of $1,000 per acre or fraction thereof of land to be
disturbed, or such greater amount as for a particular project to insure
that the reclamation is completed as required. The amount to be deposited
shall be in the form of cash, cash equivalent, letter of credit, or
performance bond, which must be approved by the Town Attorney. Upon
failure of the property owner to complete the reclamation as specified
in the permit within the time set forth therein, the Town and/or its
agents may enter upon said premises and complete the reclamation.
The cost of said work shall be drawn from the security on deposit
with the Town. Any security remaining on deposit after completion
of said work shall be returned to the owner. Any excess charges incurred
by the Town over and above the security shall be paid by the property
owner and shall be a lien on said property until paid.
I.
Stop work. Any activity undertaken by a property owner subject to this section of the chapter without a permit shall be subject to a stop-work order by the Town. Any reclamation necessary to bring such illegal modifications of the topography into conformance with this section will be promptly accomplished by the property owner. Should the property owner fail to bring the property into conformance within 30 days of issuance of the stop-work order, the Town may undertake and complete such reclamation in accordance with Subsection G.
J.
Other permits. A proposed modification of the topography may require
the acquisition of other permits or approvals, such as those required
for lands in flood zones, or in or near wetlands administered by the
New York State Department of Environmental Conservation or United
States Army Corps of Engineers. Receipt of a permit pursuant to this
section does not preclude the necessity of obtaining any other permits
required for the proposed activity.
K.
Leveling. The Code Enforcement Officer may require periodic leveling
of fill or graded material.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, morals, safety, or the general welfare.
Wherever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules, regulations, or
ordinances, the more restrictive, or that imposing the higher standards,
shall govern.
A.
Temporary residences. No tent, cabin, basement, capped basement,
shack, garage, barn or outbuilding or any structure of a temporary
nature shall be used as a residence excepting that the Zoning Board
of Appeals may grant a conditional use permit for six months or for
the use of a mobile home (subject to the provisions of any mobile
home ordinance of the Town of Marcellus), a garage or a basement as
a temporary residence during the construction of a permanent residence
on the same lot. Six-month renewals, not to exceed three, making a
total of 24 months, may be granted in case of emergency or disasters.
B.
Height exceptions. Nothing herein contained shall be interpreted
to limit or restrict the height of a church spire, belfry, clock tower,
chimney flue, water tank, elevator bulkhead, silo or other similar
structure, except that such structures shall be so located on a lot
of sufficient size that the distance from the center of the structure
to the nearest property line is not less than the height of the structure
plus 5% of the height.
C.
Swimming pools. Private swimming pools shall be permitted in all
zones subject to the front, side and rear yard setbacks prevailing
in that zone. Pools shall be enclosed and maintained in accordance
with the International Spa and Swimming Pool Code adopted as part
of the Uniform Fire Prevention and Building Code.[1] Farm ponds are exempt from these requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Telecommunication towers and commercial dishes.
(1)
The following factors will be considered in reviewing an application
in all permitted zones:
(a)
The applicant must demonstrate that the proposed location is
necessary to meet the frequency reuse and spacing needs of the system
and to provide adequate service and coverage to the Town.
[1]
The applicant must demonstrate that all reasonable measures
have been taken to minimize the visual impacts of the proposed facilities.
[2]
Exceptions to these regulations are limited to new uses which
are accessory to residential users and lawful or approved uses existing
prior to the effective date of these regulations.
[3]
Where these regulations conflict with other laws and regulations
of the Town, the more restrictive shall apply, except for tower height
restrictions which are governed by these special use standards.
(2)
No tower shall be used, erected, moved, reconstructed, changed, or
altered except after approval of a special permit and in conformity
with these regulations. No existing structure may be modified to serve
as a transmission tower unless in conformity with these regulations.
(3)
A site plan shall be submitted in accordance with § 235-28, and shall show existing and proposed structures and improvements including roads, and grading plans for proposed facilities. It shall also include documentation on the intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any land or vegetation clearing required.
(4)
All towers and accessory facilities shall be sited to have the least
practical adverse effect on the environment. The application shall
include a completed SEQR Visual EAF Addendum, and a landscaping plan
addressing other standards listed within this section, with particular
attention to visibility from key viewpoints within and outside of
the Town, as identified in the visual EAF. A more detailed visual
analysis may be required based on the visual EAF.
(5)
At all times, shared use of existing towers shall be preferred to
the construction of new towers. Where such shared use is not available,
location of antennas on existing structures shall be considered. An
adequate report shall be submitted with an inventory of existing towers
within reasonable distance of the proposed site, and outlining opportunities
for shared use of existing facilities and use of other existing structures
as an alternative to new construction.
(6)
An applicant proposing to share use of an existing tower shall document
the intent from the existing tower owner and landowner to share use.
The applicant shall pay all fees and costs of adopting an existing
tower or structure to a new shared use, unless otherwise stipulated
by mutual agreement of the tower lessor and lessee. Costs may include,
but are not limited to, structural reinforcement, preventing transmission
or receiver interference, additional site screening, and other changes
including real property acquisition or lease required to accommodate
shared use.
(7)
In the case of a new tower, the applicant shall submit a report demonstrating
potential shared use on existing towers, as well as documenting capacity
for future shared use of the proposed tower. Written requests and
responses for shared use shall be provided.
(8)
Towers shall, to the maximum extent possible, be designed to provide
for shared use by at least three providers, or designed so they can
be retrofitted to accommodate at least three providers.
(9)
Towers and antennas shall comply with all setbacks within the affected
zone. Additional setbacks may be required to contain on-site substantially
all icefall or debris from tower failure and/or to all tower parts,
including guy wire anchors and to any accessory facilities. Towers
shall not be located closer than 200 feet to any residential zone.
Additionally, they shall be so located on a lot of sufficient size
that the distance from the center of the structure to the nearest
property line is not less than the height of the structure plus 5%
of the height.
(10)
Towers shall not be artificially lighted except to ensure human
safety as required by the Federal Aviation Administration (FAA). Towers
shall be a galvanized finish or painted gray above the surrounding
tree line, and painted gray, green, black or similar colors designed
to blend into the natural surroundings below the tree line, unless
other standards are required by the FAA. In all cases, structures
offering slender silhouettes (i.e., monopoles or lattice towers) shall
be preferable to freestanding structures except where such freestanding
structures offer capacity for future shared use. Towers shall be designed
and sited so as to avoid, wherever possible, application of FAA lighting
and painting requirements.
(11)
Accessory facilities shall maximize use of building materials,
colors and textures, designed to blend with the natural surroundings.
(12)
Existing on-site vegetation shall be preserved to the maximum
extent possible, and no cutting of trees exceeding four inches in
diameter (measured at a height of four feet from the ground) shall
take place prior to approval of the special permit. Clear-cutting
of trees in a single contiguous area exceeding 20,000 square feet
shall be prohibited.
(13)
Deciduous or evergreen tree plantings shall be required to screen
portions of the tower from nearby residential property as well as
from public sites known to include important views or vistas. Where
the sire abuts residential or public property, including streets,
the following vegetative screening shall be required:
(a)
At least one row of native evergreen shrubs or trees capable
of forming a contiguous hedge at least 10 feet in height within two
years of planting shall be provided to effectively screen the tower
base and accessory facilities.
(b)
In the case of poor soil conditions, planting may be required
on soil berms to ensure plant survival. Plant height in this case
shall include the height of the berm.
(14)
An access road and parking shall be provided to ensure adequate
emergency and service access. Maximum use of existing roads shall
be made. Access road construction shall be consistent with standards
for private roads and shall at all times minimize ground disturbance
and vegetation cutting to within the toe of fill, top of cut, or no
more than 10 feet beyond the edge of any pavement. Road grades shall
closely follow natural contours to ensure minimal visual disturbance
and soil erosion. Public road standards may be waived in meeting the
objectives of this subsection.
(15)
Signs shall not be permitted on towers, antennas, or related
accessory facilities, except for signs displaying owner contact information
and/or safety instructions. Such signs shall not exceed five square
feet in area.
(16)
All utility connections to towers and accessory facilities shall
be installed underground.
(17)
Towers and related facilities shall be maintained in good condition
and repair. Towers shall be inspected annually on behalf of the tower
owner by a licensed (in New York State) professional engineer for
structural integrity and continued compliance with these regulations.
A copy of such inspection report, including findings and conclusions,
shall be submitted to the Code Enforcement Officer no later than December
31 of each year.
(18)
Provisions may be required for towers and accessory facilities
to be dismantled and removed upon abandonment of the approved use,
including posting of a bond or security.
(19)
The Middle Class Tax Relief and Job Creation Act of 2012 (hereinafter
referred to as the "Tax Relief Act"), in effect, mandates that, notwithstanding
Section 704 of the Telecommunications Act of 1996 or any provision
of law, a state or local government may not deny, and shall approve,
any request relating to an eligible facility for a modification of
an existing wireless tower or base station that does not substantially
change the physical dimensions of such tower or base station. A request
relating to an eligible facility, in accordance with the Tax Relief
Act, means any request for modification of an existing wireless tower
or base station that involves:
[Added 7-14-2014 by L.L.
No. 2-2014]
(20)
A request relating to an eligible facility for a modification of an existing wireless telecommunications tower or base station that does not substantially change the physical dimensions of such tower or base station, or does not substantially change the physical integrity or safety of such tower, shall only be the subject of an administrative review by the Town's Code Enforcement Officer, notwithstanding the requirements of Subsection E(2) and (3). Such administrative review shall not require a public hearing, but the applicant shall be subject to all other provisions and application fees of this Subsection E, except where otherwise indicated. All of the previous and following sections of this Subsection E shall remain in full force and effect when the request is being handled by such administrative review. Nothing in this subsection is intended to relieve the applicant from complying with applicable site plan requirements or other requirements set forth in the planning and zoning laws of the Town of Marcellus.
[Added 7-14-2014 by L.L.
No. 2-2014; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
(21)
An applicant for site plan approval, special permit or for administrative
review of an eligible facility pertaining to a telecommunications
tower or facility shall submit a nonrefundable fee, as established
from time to time by resolution of the Town Board, to reimburse the
Town for the costs of reviewing such application.
[Added 7-14-2014 by L.L.
No. 2-2014]
(22)
Applicants agree, to the extent permitted by the law, to at
all times defend, indemnify, protect, save, hold harmless, and exempt
the Town, officials of the Town, its officers, agents, servants, and
employees, from any and all penalties, damage, or charges arising
out of any and all claims, suits, demands, causes of action, or award
of damages, whether compensatory or punitive, or expenses arising
therefrom, either at law or in equity, which might arise out of, or
are caused by the construction, erection, modification, location,
products performance, operation, maintenance, repair, installation,
replacement, removal, or restoration of a telecommunications tower
or facility within the Town. With respect to the penalties, damages
or charges referenced herein, reasonable attorneys' fees, consultants'
fees and expert witness fees are included in those costs that are
recoverable by the Town.
[Added 7-14-2014 by L.L.
No. 2-2014]
F.
Fences and walls.
(1)
Fences and walls within the A-1 Agricultural Zone shall be a maximum
height of eight feet.
(2)
Fences and walls within all other zones may be erected up to a maximum
height of six feet, except that in residential zones, the maximum
height in front yards shall be four feet.
(3)
No structure, planting, or other obstruction shall be placed or maintained
in such a manner that would impede vision at streets, driveways, and
railroad crossings.
(4)
Fences shall be installed in a manner such that the structural elements
are facing the property on which the fence is located.
G.
Health and safety. The following uses are prohibited in all zones:
(1)
All uses which endanger the health, comfort, safety, or welfare of
any person, or which have a tendency to cause injury or damage to
property, business, or vegetation.
(2)
All uses with sound that is considered offensive, or cause sound
levels in excess of 60 decibels measured at any lot line, using the
A-weighted scale of a standard sound level meter meeting the current
revision of ANSI S1.4-1961 for General Purpose Sound Level Meters,
published by the American National Standards Institute. Emergencies,
school events, and construction activities between the hours of 7:00
a.m. and 9:00 p.m. are exempt.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
All uses which emit any odor which is considered offensive, measured
at any lot line.
(4)
All uses which emit dust or dirt which is considered offensive, measured
at any lot line.
(5)
All uses which emit any smoke in excess of Ringelmann Smoke Chart
No. 2, measured at any lot line.
(6)
All uses which emit any noxious gases which endanger the health,
comfort, safety, or welfare of any person, or which have a tendency
to cause injury or damage to property, business, or vegetation.
(7)
All uses which cause as a result of normal operations, a vibration
which creates a displacement of 0.003 inch measured at any lot line.
(8)
All uses, lighting or signs, which create glare, which could impair
the vision of a driver of any motor vehicle.
(9)
All uses which cause a fire, explosion, or safety hazard.
H.
Outdoor and vehicle storage.
(1)
All vehicles used for racing shall be stored in an enclosed structure
or trailer in residential zones.
(2)
In R-2 and R-4 Zones, tractor-trailers and components, and dump trucks
larger than 18,000 pounds GVW shall not parked overnight. In R-1 Zone,
tractor-trailers and components, and dump trucks larger than 18,000
pounds GVW shall not be parked overnight on lots smaller than two
acres and within 75 feet of any lot line.
(3)
In all residential zones, commercial equipment and building materials stored for more than 30 days shall be screened using a fence, hedge, or other barrier, subject to the requirements of Subsection F. Such stored material shall not be visible to an adjacent lot or public right-of-way. This shall not apply while a valid building permit is in effect.
I.
Lighting. In order to minimize glare, safety hazards for drivers
and pedestrians, light trespass and light pollution, lights shall
be adjusted in accordance with the following provisions:
J.
Private auto sales. Private auto sales shall be permitted only on
properties with dwelling units, and shall be limited to one vehicle
at any time, not to exceed three vehicles in a calendar year.
K.
Outdoor boilers. Outdoor boilers using wood or other solid fuels
are prohibited in all zones.
L.
Driveways. The maximum number of driveway entrances onto a Town road
for one- and two-family dwellings shall be one per building lot. For
lots with multiple dwellings and commercial uses, the maximum number
of driveway entrances shall be two per building lot. Location of driveway
entrances shall be approved by the Town.
M.
Solar energy systems.
[Added 8-14-2017 by L.L.
No. 1-2017]
(1)
Purpose and intent. The Town of Marcellus recognizes that solar energy
is a clean, readily available and renewable energy source that has
become increasingly affordable. The Town of Marcellus has determined
that comprehensive regulations regarding the development of solar
energy systems are necessary to protect the interests of the Town,
its residents, and businesses. This subsection is intended to promote
the effective and efficient use of solar energy systems; establish
provisions for the placement, design, construction, operation and
removal of such systems in order to uphold the public health, safety
and welfare; and to ensure that such systems will not have a significant
adverse impact on the aesthetic qualities and character of the Town.
(2)
Applicability. This subsection shall apply to all solar energy systems
in the Town of Marcellus that are installed or modified after the
effective date of this subsection. All solar energy systems that are
installed or modified after the effective date of this subsection
shall be in compliance with all of the provisions hereof.
(3)
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
FLUSH MOUNTED SOLAR ENERGY SYSTEM
GROUND-MOUNTED SOLAR ENERGY SYSTEM
NET-METERING
QUALIFIED SOLAR INSTALLER
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR FARMS
SOLAR PANEL
SOLAR SKYSPACE
SOLAR STORAGE BATTERY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A solar energy system incorporated into and becoming part
of the overall architecture, design and structure of a building in
manner that the solar energy system is a permanent and integral part
of the building structure.
A rooftop-mounted solar energy system with solar panels which
are installed flush to the surface of a roof and which cannot be angled
or raised.
A solar energy system that is affixed to the ground either
directly or by mounting devices and which is not attached or affixed
to a building or structure.
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar energy system and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A solar energy system in which solar collectors/panels are
mounted on the roof of a building or structure either as a flush-mounted
system or as panels fixed to frames which can be tilted to maximize
solar collection. Rooftop-mounted solar energy systems shall be wholly
contained within the limits of the building's or structure's roof
surface.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
A complete system of solar collectors, panels, controls,
energy devices, heat pumps, heat exchangers, and other materials,
hardware or equipment necessary to the process by which solar radiation
is collected and converted into another form of energy including but
not limited to thermal and electrical, stored and protected from dissipation
and distributed. For purposes of this subsection, a solar energy system
does not include any solar energy system of four square feet in size
or less.
A solar energy system or collection of solar energy systems
or area of land principally used to convert solar energy to electricity,
whether by photovoltaics, concentrating solar thermal devices or various
experimental solar technologies, with the primary purpose of supplying
electricity to a utility grid for wholesale or retail sales of electricity
to the general public or utility provider.
A device which converts solar energy into electricity.
The space between a solar energy system and the sun through
which solar radiation passes.
A device that stores energy from the sun and makes it available
in an electrical form.
(4)
Building-integrated solar energy systems.
(a)
Districts where allowed. Building-integrated solar energy systems
shall be permitted in all zoning districts within the Town subject
to the submission of, application for and review and issuance of an
applicable building permit.
(5)
Rooftop-mounted solar energy systems.
(a)
Districts where allowed. Rooftop-mounted solar energy systems
shall be permitted in all zoning districts within the Town subject
to the following requirements:
(b)
In order to ensure firefighter and other emergency responder
safety, except in the case of accessory buildings under 1,000 square
feet in area, there shall be a minimum perimeter area around the edge
of the roof and structurally supported pathways to provide space on
the roof for walking around all rooftop-mounted solar energy systems.
Additionally, installations shall provide for adequate access and
spacing in order to:
(c)
Exceptions to the requirements in Subsection M(5)(b) of this section may be requested where access, pathway or ventilation requirements are reduced due to:
[1]
Unique site specific limitations;
[2]
Alternative access opportunities (such as from adjoining roofs);
[3]
Ground-level access to the roof area in question;
[4]
Other adequate ventilation opportunities when approved by the
Codes Office;
[5]
Adequate ventilation opportunities afforded by panels setback
from other rooftop equipment (for example: shading or structural constraints
may leave significant areas open for ventilation near HVAC equipment);
[6]
Automatic ventilation devices; or
[7]
New technology, methods or other innovations that ensure adequate
emergency responder access, pathways and ventilation opportunities.
(d)
(e)
Rooftop-mounted solar energy systems also shall be subject to
the general requirements set forth at Subsection N(7) of this section.
(f)
Unified solar permit for eligible rooftop-mounted solar energy systems. Provided the rooftop-mounted solar energy system meets the requirements for a unified solar permit pursuant to this subsection, in addition to the requirements specified in Subsections M(5)(a) and (b), an applicant must submit a unified solar permit application to the Code Enforcement Officer, which shall contain the following:
[1]
A Unified Solar Permit Eligibility Checklist.
[2]
A site plan showing location of major components of the solar
energy system and other equipment on the roof or legal accessory structure.
This plan should represent relative locations of components at the
site, including, but not limited to, location of arrays, existing
electrical service locations, utility meters, inverter locations,
system orientation and tilt angles. This plan should show access and
pathways that are compliant with New York State Fire Code, if applicable.
[3]
One-line or three-line electrical diagram. The electrical diagram
required by NYSERDA for an incentive application and/or utilities
for an interconnection agreement can also be provided here.
[4]
Specification sheets for all manufactured components.
[5]
All diagrams and plans must be prepared by a professional engineer
or registered architect as required by New York State law and include
the following:
(g)
Permit review and inspection timeline. Unified solar permit
determinations will be issued within 14 days upon receipt of complete
and accurate applications. The municipality will provide feedback
within seven days of receiving incomplete or inaccurate applications.
If an inspection is required, a single inspection should be sufficient
and will be provided within seven days of inspection request.
(6)
Ground-mounted solar energy systems.
(a)
Districts where allowed. Ground-mounted solar energy systems
are permitted as accessory structures in all zoning districts of the
Town, subject to the following requirements:
[1]
A building permit shall be required for installation of all
ground-mounted solar energy systems.
[2]
Ground-mounted solar energy systems are prohibited in front
yards.
[3]
Ground-mounted solar energy systems shall comply with the most
restrictive area, yard and bulk regulations in each applicable zoning
district in which the ground-mounted solar energy system is constructed.
[4]
Setbacks. Further setbacks, area and yard requirements and bulk restrictions may be required by the Planning Board in addition to those set forth in Subsection M(6)(a)[3] above in order to protect the public's safety, health and welfare.
[5]
The height of the solar collector/panel and any mounts 15 feet
in height when oriented at maximum tilt measured from the ground and
including any base.
[6]
Ground-mounted solar energy systems shall be screened when possible
and practicable from adjoining lots and street rights-of-way through
the use of architectural features, earth berms, landscaping, fencing
or other screening which will harmonize with the character of the
property and the surrounding area. The proposed screening shall not
interfere with the normal operation of the solar collectors/panels.
[7]
The ground-mounted solar energy system shall be located in a
manner to reasonably minimize view blockage for surrounding properties
and shading of property to the north, while still providing adequate
solar access for the solar energy system.
[8]
Neither the ground-mounted solar energy system, nor any component
thereof, shall be sited within any required buffer area.
[9]
The total surface area of all ground-mounted solar energy system components shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches, and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board subject to site plan review pursuant to § 235-28 of this chapter.
[10]
The area beneath the ground-mounted solar energy
system shall be included in calculating whether the lot meets the
maximum permitted lot coverage requirements for the applicable district,
notwithstanding that the collectors are not "buildings."
(7)
General requirements applicable to building-integrated, rooftop-mounted
and ground-mounted solar energy systems.
(a)
All solar energy system installations must be performed by a
qualified solar installer.
(b)
Solar energy systems, unless part of a solar farm, shall be
permitted only to provide power for use by owners, lessees, tenants,
residents or other occupants of the premises on which they are erected,
but nothing contained in this provision shall be construed to prohibit
the sale of excess power through a net-metering arrangement in accordance
with New York Public Service Law § 66-j or similar state
or federal statute.
(c)
Prior to operation, electrical connections must be inspected
by a Town Code Enforcement Officer and by an appropriate electrical
inspection person or agency, as determined by the Town.
(d)
Any connection to the public utility grid must be inspected
by the appropriate public utility.
(e)
Solar energy systems shall be maintained in good working order.
(f)
Solar energy systems shall be permitted only if they are determined
by the Town to be consistent in size and use with the character of
surrounding neighborhood.
(i)
If solar storage batteries are included as part of the solar
energy system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when
in use and when no longer used shall be disposed of in accordance
with the laws and regulations of the Town and other applicable laws
and regulations.
(j)
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobtrusive
conduit. No conduits or fees may be laid on the roof. Feeds to the
inverter shall run within the building and penetrate the roof at the
solar panel location.
(k)
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
completely remove the system, mount and all other associated equipment
and components by no later than 90 days after the end of the twelve-month
period or within 10 days of written notice from the Town.
(l)
To the extent practicable, solar energy systems shall have neutral
paint colors, materials and textures to achieve visual harmony with
the surrounding area.
(m)
The design, construction, operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays onto neighboring properties, public roads, public parks
and public buildings.
(n)
Marking of equipment. Solar energy systems and components shall
be marked in order to provide emergency responders with appropriate
warning and guidance with respect to isolating the solar electric
system. Materials used for marking shall be weather resistant. For
residential applications, the marking may be placed within the main
service disconnect. If the main service disconnect is operable with
the service panel closed, then the marking should be placed on the
outside cover. In the event any of the standards in this subsection
for markings are more stringent than applicable provisions of the
New York State Uniform Fire Prevention and Building Code, they shall
be deemed to be guidelines only and the standards of the State Code
shall apply.
(8)
Solar farms.
(a)
Districts where allowed. Subject to the issuance of site plan
approval and a special use permit and other requirements as set forth
herein, solar farms shall not be a permitted use in any zoning district
other than the Agricultural Zone and the Light Industrial Zone within
the Town.
(b)
Districts where prohibited. Solar farms shall be prohibited
in all residential districts.
(c)
Lot area and yard regulations. The following lot area and yard
regulations shall apply to solar farms located in the Agricultural
and Light Industrial Zones within the Town:
(d)
Permits required. No person, firm or corporation, or other entity
being the owner, occupant, or lessee of any land or premises within
the Town of Marcellus shall use or permit the use of land or premises
for the construction or installation of a solar farm without obtaining
a building permit, a special use permit issued by the Zoning Board
of Appeals and a site plan approval issued by the Planning Board as
hereinafter provided.
(e)
Special use permit. In addition to the criteria heretofore established,
the following criteria are hereby established for purposes of granting
a special use permit for a solar farm:
[1]
Scenic viewsheds. A solar farm shall not be installed in any
location that would substantially detract from or block the view(s)
of all or a portion of a recognized scenic viewshed, as viewed from
any public road, right-of-way or publicly owned land within the Town
of Marcellus or that extends beyond the border of the Town of Marcellus.
For purposes of this subsection, consideration shall be given to any
relevant portions of the current, amended and/or future Town of Marcellus
Comprehensive Plan and/or any other prior, current, amended and/or
future officially recognized Town planning document or resource.
[2]
Emergency shutdown/safety. The applicant shall demonstrate the
existence of adequate emergency/safety measures. The applicant shall
post an emergency telephone number so that the appropriate entities
may be contacted should any solar panel or other component of the
solar farm need immediate repair or attention. This emergency telephone
number should be clearly visible and in a location which is convenient
and readily noticeable to someone likely to detect a problem.
[3]
Security. All solar farms shall be secured to the extent practicable
to restrict unauthorized access.
[4]
Ownership. Ownership of the solar farm is not required to be
the same as the owner of the fee interest in the real property upon
which it is situated, however, the terms of the lease agreement or
other contract between the property owner and solar farm operator
must be approved by the Town.
[5]
Access road. To the greatest extent possible, existing roadways
shall be used for access to the site and its improvements. In the
case of constructing any roadways necessary to access the solar farm,
they shall be constructed in a way that allows for the passage of
emergency vehicles in the event of an emergency. Each application
shall be accompanied by correspondence from the responding fire department
and emergency care provider as to the acceptability of the proposed
ingress to and egress from the solar farm site.
[6]
The development and operation of the solar farm shall not have
a significant impact on fish, wildlife, animal or plant species or
their critical habitats, or other significant habitats identified
by the Town of Marcellus or federal or state regulatory agencies.
[7]
Setbacks. Additional setbacks may be required by the Zoning
Board of Appeals in order to provide for the public's safety, health
and welfare.
(f)
Waiver. The Zoning Board of Appeals may, upon exercise of its
reasonable discretion, waive one or more of the submission requirements
imposed herein. Relief from all other requirements must be made by
way of an area or use variance from the Zoning Board of Appeals.
(g)
Site plan review. The following submission requirements must be observed regarding a site plan application for a solar farm. The Planning Board may also require any of the requirements of § 235-28 of this chapter as part of the submission:
[1]
A completed application form as supplied by the Town of Marcellus
for site plan approval for a solar farm.
[2]
Proof of ownership of the premises involved, or an express,
written authorization by the owner of the premises for the applicant
to make such application.
[3]
Plans and drawings of the proposed solar farm installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar farm along with a description
of all components, whether on site or off site, existing vegetation
and proposed clearing and grading of all sites involved. Clearing
and/or grading activities are subject to review by the Planning Board
and shall not commence until the issuance of site plan approval. The
plans and development plan shall be drawn in sufficient detail and
shall further depict:
[a]
Property lines and physical dimensions of the proposed
site, including contours at five-foot intervals.
[b]
Location, approximate dimensions and types of all
existing structures and uses on the site.
[c]
Location and elevation of the proposed solar farm
and all components thereof.
[d]
Location of all existing aboveground utility lines
within 1,200 linear feet of the site.
[e]
Where applicable, the location of all transmission
facilities proposed for installation. All transmission lines and wiring
associated with a solar farm shall be buried underground and include
necessary encasements in accordance with the National Electric Code
and Town requirements. The Planning Board may recommend waiving this
requirement if sufficient engineering data is submitted by the applicant
demonstrating that underground transmission lines are not feasible
or practical. The applicant is required to show the locations of all
proposed overhead electric utility/transmission lines (if permitted)
and underground electric utility/transmission lines, including substations
and junction boxes and other electrical components for the project
on the site plan. All transmission lines and electrical wiring shall
be in compliance with the public utility company's requirements for
interconnection. Any connection to the public utility grid must be
inspected by the appropriate public utility.
[f]
Location of all service structures proposed as
part of the installation.
[g]
Landscape plan showing all existing natural land
features, trees, forest cover and all proposed changes to these features,
including size and type of plant material. The plan shall show any
trees and/or vegetation which is proposed to be removed for purposes
of providing greater solar access.
[h]
Screening. Screening requirements shall be approved
by the Planning Board during the site plan review and approval process.
[i]
Soil type(s) at the proposed site.
[4]
Photographic simulations shall be included showing the proposed
solar farm along with elevation views and dimensions and manufacturer's
specifications and photos of the proposed solar energy systems, solar
collectors, solar panels and all other components comprising the solar
farm or from other vantage points selected by the Planning Board.
[5]
If applicable, certification from a professional engineer or
architect registered in New York State indicating that the building
or structure to which a solar panel or solar energy system is affixed,
is capable of handling the loading requirements of the solar panel
or solar energy system and various components.
[6]
One or three line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and over-current devices.
[7]
Documentation of access to the project site(s), including location
of all access roads, gates, parking area etc.
[8]
A plan for clearing and/or grading of the site and a Stormwater
Pollution Prevention Plan (SWPPP) for the site.
[9]
Documentation of utility notification, including an electric
service order number.
[10]
Sun chart. Where deemed appropriate, the Planning
Board may require that the applicant submit a sun chart for the proposed
site indicating the sun angle for the southern boundary of the site
for a minimum four-hour continuous period during the time of the highest
sun angle on December 21, along with the potential for existing buildings,
structures, and/or vegetation on the site or on adjacent sites to
obstruct the solar sky space of the proposed solar farm. The sun chart
shall also indicate the potential for obstructions to the solar sky
space of the proposed solar farm under a scenario where an adjacent
site is developed as otherwise permitted by applicable provisions
of the Zoning Code of the Town of Marcellus with a building/structure
built to maximum bulk and height at the minimum setback. Where no
standards for setback are established, this scenario shall assume
a maximum setback of five feet from the property line. The sun chart
shall be kept on file at the Town Code Enforcement Office and determine
the minimum setback required for any solar collectors from the south
property line as well as the solar sky space that should be considered
when development of neighboring properties occurs. This section in
no way places responsibility on the Town for guaranteeing the solar
sky space of a solar energy system in the event setbacks are waived
at the applicant's request.
[11]
The manufacturer's or installer's identification
and appropriate warning signage shall be posted at the site and be
clearly visible.
[12]
Solar energy systems shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the electric systems. Materials used for
marking shall be weather resistant. The marking shall be placed adjacent
to the main service disconnect location clearly visible from the location
where the lever is operated.
[13]
The average height of the solar panel array shall
not exceed 20 feet measured from the ground and including any base
or supporting materials.
[14]
Color. Neutral paint colors, materials and textures
may be required for solar farm components, buildings and structures
to achieve visual harmony with the surrounding area as approved by
the Planning Board.
[15]
The design, construction, operation and maintenance
of the solar energy system shall prevent the direction, misdirection
and/or reflection of solar rays onto neighboring properties, public
roads, public parks and public buildings.
[16]
Artificial lighting of solar farms shall be limited
to lighting required for safety and operational purposes and shall
be shielded from all neighboring properties and public roads.
[17]
Solar farms shall be enclosed by a perimeter fencing
to restrict unauthorized access at a height of 8 1/2 feet or
as otherwise approved by the Planning Board.
[18]
Only signage used to notify the location of the
solar farm shall be allowed and such signage shall otherwise comply
with the Town's sign regulations and requirements.
[19]
All applications shall be accompanied by a full
environmental assessment form for purposes of environmental review
under the New York State Environmental Quality Review Act (SEQRA),
including a visual impact analysis. The following additional material
may be required by the Planning Board:
[a]
A digital-elevation-model-based project visibility
map showing the impact of topography upon visibility of the project
from other locations, to a distance radius of three miles from the
center of the project. Scaled use shall depict a three-mile radius
as not smaller than 2.7 inches, and the base map shall be a published
topographic map showing cultural features.
[b]
No fewer than four color photos taken from locations
within a three-mile radius from the proposed location, as selected
by the Planning Board and computer-enhanced to simulate the appearance
of the as-built aboveground solar farm components as they would appear
from these locations.
(h)
Site plan review criteria. In addition to the above, no site
plan shall be approved unless the Planning Board determines that the
proposed solar farm complies with the following:
[1]
The use is oriented in its location upon the site as to layout,
coverage, screening, means of access and aesthetics so that:
[a]
The flow control and safety of traffic and human
beings shall not be adversely affected to an unreasonable degree;
[b]
There is reasonable compatibility in all respects
with any structure or use in the surrounding area, actual or permitted,
which may be directly substantially affected;
[c]
There shall not be any unreasonable detriment to
any structure or use, actual or permitted, in the surrounding area;
[d]
There is a reasonable provision for open space
and yard areas as appropriate to the surrounding area.
(i)
Public hearing. No action shall be taken by the Zoning Board
of Appeals to issue a special use permit or by the Planning Board
to issue site plan approval, nor the Zoning Board of Appeals to grant
a use or area variance in relation to an application for a solar farm
until after public notice and a public hearing. Proper notice of a
hearing before a board shall be given by legal notice published in
the official newspaper of the Town of Marcellus at least five days
before the date set for such public hearing(s) and written notice
mailed to the applicant or his agent at the address given in the application
to be considered. The applicant shall be responsible for notifying,
by certified mail, all property owners of record within 500 feet of
the outside perimeter of the boundary line of the property involved
in the application of the time, date and place of such public hearing
at least 10 days prior to such hearing. Notice shall be deemed to
have been given if mailed to the property owner at the tax billing
address listed on the property tax records of the Town Assessor or
at the property address. At least seven days prior to such hearing,
the applicant shall file with the Board his/her affidavit verifying
the mailing of such notices. Failure of the property owners to receive
such notice shall not be deemed a jurisdictional defect.
(j)
Compliance with Uniform Fire Prevention and Building Code.[5]
[1]
Building permit applications shall be accompanied by standard
drawings of structural components of the solar farm and all its components
(including but not limited to solar panel, solar collector, solar
energy system, etc.). Drawings and any necessary calculations shall
be certified, in writing, by a New York State registered professional
engineer that the system complies with the New York State Fire Prevention
and Building Code. This certification would normally be supplied by
the manufacturer.
[2]
Where the structure, components or installation vary from the
standard design or specification, the proposed modification shall
be certified by a New York State registered professional engineer
for compliance with the structural design provisions of the New York
State Fire Prevention and Building Code.
(k)
Compliance with state, local and national electric codes.
[1]
Building permit applications shall be accompanied by a line
drawing identifying the electrical components of the solar farm to
be installed in sufficient detail to allow for a determination that
the manner of installation conforms with the National Electric Code.
The application shall include a statement from a New York State registered
professional engineer indicating that the electrical system conforms
with good engineering practices and complies with the National Electric
Code, as well as applicable state and local electrical codes. This
certification would normally be supplied by the manufacturer. All
equipment and materials shall be used or installed in accordance with
such drawings and diagrams.
[2]
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a New York State registered professional
engineer for compliance with the requirements of the National Electric
Code and good engineering practices.
(l)
Following construction/installation of the solar farm, all disturbed
areas where soil has been exposed shall be reseeded with grass and/or
planted with low level vegetation capable of preventing soil erosion
and airborne dust.
(m)
Post-construction/installation certification. Following the
construction/installation of the solar farm, the applicant shall provide
a post-construction/installation certification from a professional
engineer registered in New York State that the project complies with
any and all applicable codes and industry practices and has been constructed
and operating according to the drawings and development plan(s) submitted
to the Town.
(n)
Insurance. The applicant, owner, lessee or assignee shall maintain
a current insurance policy which will cover installation and operation
of the solar farm at all times. Said policy shall provide a minimum
of $2,000,000 property and personal liability coverage. Proof of said
insurance policy shall be provided to the Town annually.
(o)
Inspections. The Zoning Enforcement Officer, Code Enforcement Officer and/or Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a solar farm is being constructed or is constructed, to inspect all parts of said solar farm installation and to require that repairs or alterations be made if, in his or her judgment, there exists a deficiency in the operation or the structural stability of the solar farm or any component thereof. Any of the aforementioned Town officials shall have the further authority to determine whether the solar farm should be decommissioned pursuant to Subsection M(8)(q) below. If necessary, the Code Enforcement Officer or Town Engineer may order the system secured or to otherwise cease operation. It shall not be required that the owner or agent be present in the event of an emergency situation involving danger to life, limb or property.
(p)
Power to impose conditions. In granting any site plan approval,
special use permit or variance for a solar farm, the Zoning Board
of Appeals or Planning Board, as the case may be, may impose reasonable
conditions to the extent that such board finds that such conditions
are necessary to minimize any adverse effect or impacts of the proposed
use on neighboring properties and to protect the general health, safety
and welfare of the Town.
(q)
Decommissioning and removal of solar farm facilities.
[1]
The applicant shall agree, in writing, to remove the entirety
of the solar farm and all accessory structures and components thereof
if the solar farm ceases to be used for its intended purpose for 12
consecutive months. Removal of such obsolete and/or unused solar farm
components shall take place within three months thereafter. Such agreement
shall also include a commitment by the applicant to impose a similar
obligation to remove any unused and/or obsolete solar panels upon
any person subsequently securing rights to relocate the solar panels.
[2]
Bond/security. The applicant shall be required to execute and
file with the Town Clerk a bond, or other form of security acceptable
to the Town Attorney and Engineer, in an amount sufficient for the
faithful performance of the terms and conditions of the permit issued
under this chapter, and to provide the decommissioning removal and
restoration of the site subsequent to the removal of the solar farm.
The amount of the bond or security shall be no less than 150% of the
cost of the removal of the solar panels and restoration of the site,
and shall be reviewed and adjusted at five-year intervals. In the
event of a default upon performance of such condition or any of them,
the bond or security shall be forfeited to the Town, which shall be
entitled to maintain an action thereon. The bond or security shall
remain in full force and effect until the complete removal of the
solar panels and site restoration is finished.
(r)
Fees. Fees for applications, inspections and permits under this
section shall be established by resolution of the Town Board of the
Town of Marcellus.
(s)
Waiver. The Planning Board or the Zoning Board of Appeals may,
under appropriate circumstances, waive one or more of the submission
requirements contained herein.
[Added 9-7-2022 by L.L. No. 2-2022]
A.
ANIMATED SIGN
BILLBOARD
CANOPY SIGN
FARMING OPERATION
FLAG
FREESTANDING SIGN
ILLUMINATED SIGN
MARQUEE SIGN
MOBILE SIGN
PERMANENT SIGN
PROJECTING SIGN
ROOF SIGN
SIGN
TEMPORARY SIGN
WALL SIGN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
Any freestanding commercial sign in excess of the location
and size permitted by this section located on a plot or parcel other
than that where the advertised business is conducted; also known as
"off-site or nonaccessory billboard."
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
Farming, tillage of the soil, dairy farming, ranching, production
or raising of crops, poultry, or livestock, and production of poultry
or livestock products in an unmanufactured state.
A usually rectangular piece of fabric of distinctive design
that is used as a symbol, as a signaling device, or as a decoration.
Any sign not affixed to a building.
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light. This includes
neon or LED signs.
A structure extending more than two feet from a building,
with lettering thereon.
Any sign not designed or intended to be anchored to the ground
and designed and intended to be capable of being transported over
public roads and streets, whether or not it is so transported.
Any sign intended and installed to be permanently in place
at a given location by means of suitable fastening to a building or
to a structure specifically erected to hold such sign(s) or to the
ground.
A sign, other than a wall sign, which is attached to and
projects from a building wall or other structure.
Any sign in which all or any part extends above the wall
of any building or structure, where said wall does not extend above
the roofline. In no event shall a sign permitted as defined by "wall
sign" extend beyond the actual wall surface.
Any structure, device, or representation of letters, symbols,
or graphics used as, or which is in the nature of, an announcement,
direction, advertisement, or other attention-directing device. A flag
is not a sign.
A sign, including real estate signs, which is not intended
to be used permanently, but rather for a period of time, and is not
attached to a building, structure, or the ground in a permanent manner.
Such signs are usually constructed of poster board, cardboard, engineered
lumber (Masonite), plywood, or plastic material and mounted to wood,
metal, wire or rope frames or supports.
A sign with a face generally parallel with, and affixed to,
an exterior wall of a building.
B.
Allowed locations and design specifications.
(1)
Design specification for all zoning districts.
(a)
The following design guidelines are provided to encourage and
direct appropriate and compatible graphic design, materials, colors,
illumination and placement of proposed signs. In general, sign design
shall be consistent with the purpose and intent of this section.
(b)
Computation of sign area.
[1]
The area of a sign shall be computed from the algebraic
sum of the actual sign configuration, be it square, rectangle, circle,
oval or other polygon shape. The area shall be measured from the outer
dimensions of the frame, trim or molding by which the sign is enclosed,
where they exist, or from the outer edge of the signboard where they
do not exist.
[2]
When a sign consists of individual letters, symbols
or characters, its area shall be computed as the area of the smallest
rectangle which encloses all of the letters, symbols and characters.
[3]
When a sign consists of two or more faces, only
one face of the sign shall be used in computing the sign area if the
faces are parallel to and within 12 inches of each other. Otherwise,
all faces of the sign shall be used to compute the sign area.
[4]
The volume of the smallest rectangular box which
encompasses the mass of the three-dimensional sign or characterization.
(c)
Lighting for any sign shall be internal or directed downward.
(d)
No sign shall be designed, lit and/or located in such a manner
as to create a hazard or visibility problem or interfere with or impair
vehicular traffic.
(2)
Residential zones.
(a)
Freestanding signs. Freestanding signs shall be situated no closer than 15 feet from the street line as defined in § 235-4B of this chapter or 50 feet from the center line of any street, whichever shall be the least in distance. Such signs shall consist of no more than 16 square feet in area.
(b)
Wall signs. Wall signs shall consist of no more than 16 square
feet in area; nor shall such signs project more than nine inches from
the structure upon which they are affixed. Wall signs may be affixed
to or painted upon the building or windows.
(c)
Interior lot directional signage is permitted.
(d)
Absent a special permit, only one sign is permitted per lot.
(e)
Farming operations may apply for a special permit to exceed
the number and size limitations set forth in these regulations.
(f)
Illuminated signs are prohibited in residential zones.
(3)
B-1, L-1, Highway Overlay Zones and Agricultural Zones.
(a)
Freestanding signs.
[1]
Lots with a single occupant. Such sign shall be located on the premises to which it is related, providing that such sign shall be located no closer than 15 feet from the street line as defined in § 235-4B of this chapter or 50 feet from the center line of any street, whichever shall be the least in distance. Such signs shall consist of no more than 32 square feet in area.
[2]
Complexes with multiple occupants. Such signs shall be located on the premises to which it is related, providing that such sign shall be located no closer than 15 feet from the street line as defined in § 235-4B of this chapter or 50 feet from the center line of any street, whichever shall be the least in distance. Such signs shall consist of no more than 48 square feet in area, no more than eight feet in length or width, and shall be limited to 16 feet in height, as measured from the top of the sign. There shall be a minimum of three feet of bottom open space along the entire length.
(b)
Wall signs. Wall signs shall not exceed 32 square feet; nor
shall such signs project more than nine inches from the structure
upon which they are affixed. Wall signs may be affixed to or painted
upon the building or windows.
(c)
Projecting signs and marquee or canopy signs. The bottom edge
of a projecting and marquee or canopy sign shall be at least seven
feet above the ground elevation when located in an area where the
public walks or where it would impair visibility. A marquee or canopy
sign may extend the full length of the marquee or canopy but shall
not extend beyond the ends of the marquee or canopy.
(d)
Interior lot direction signage is permitted.
(e)
Residences located within an A-1 District that are not part
of a farming operation are limited to one sign per residence, 16 square
feet in size.
(4)
In areas where variances have been granted by the Zoning Board of Appeals, under the conditions set forth in § 235-27B(3)(a) and (b). Subdivision identification signs shall be included under this category, subject to such standard as may be established by the Town Planning Board.
C.
Procedures for obtaining sign permit.
(1)
Permit required. It shall be unlawful for any person to erect,
structurally alter, or relocate an existing sign within the corporate
limits of the Town without first having obtained and paid for and
having in force a permit from the Code Enforcement Officer.
(2)
The following two operations shall not be considered creating
a new sign and, therefore, shall not require a sign permit:
(3)
Application for a sign permit shall be made on a form provided
by the Code Enforcement Officer, which application shall include:
(a)
The name, address, and telephone number of the applicant.
(b)
The name, address, telephone number and insurance coverage of
the sign maker.
(c)
The location upon which the sign is to be erected.
(d)
A color photo of the location upon which the sign is to be erected.
(e)
The size of the sign.
(f)
A description of the construction details of the sign, showing
the lettering and/or pictorial matter composing the sign and a description
of the position of lighting or other extraneous devices.
(g)
Sketches drawn to scale and supporting information indicating
location of sign colors, size and types of lettering or other graphic
representation, logos and materials to be used, electrical or other
mechanical equipment, details of its attachment and hanging.
(h)
In addition, such sign application shall be accompanied by the
requisite fee.
(i)
Such other pertinent information as the Code Enforcement Officer
may require to ensure compliance with this section.
(4)
Following formal submission to the Code Enforcement Officer,
said Code Enforcement Officer shall render a determination within
30 business days.
(5)
Appeal from permit denial. Any applicant feeling aggrieved by
the decision of the Code Enforcement Officer upon any application
for a permit for any sign may appeal to the Zoning Board of Appeals
from such decision, and the Zoning Board of Appeals may affirm, reverse
or modify such decision of the Code Enforcement Officer.
(6)
Issuance of sign construction permit. Upon approval of the application
by the Code Enforcement Officer, or after a review and approval by
the Zoning Board of Appeals, the Code Enforcement Officer shall issue
a permit for construction of such sign.
D.
Signs allowed without a permit.
(1)
Temporary signs, with the exception of real estate signs, provided such signs shall not be placed for more than three consecutive months. Temporary signs are subject to the same location, and design specifications as permanent signs as set forth in Subsection B of these regulations. If such signs remain in place longer than three months within a twelve-month period, a permit is required to be obtained pursuant to Subsection C.
(2)
Signs required by county, state or federal law.
E.
Existing signs. Notwithstanding any other provision of this section,
any sign in existence at the date of adoption of this section which
does not conform to the provisions of this section shall be discontinued
and removed six months after the date of adoption of this section,
and the failure to discontinue or remove such nonconforming sign on
or before the aforesaid date shall constitute a violation of the provisions
of this section. All nonconforming signs in the Town at the time of
the adoption of this section may be maintained until six months after
the date of adoption of this section, but if any major change, modification,
structural repair or replacement thereof is hereafter made, such sign
shall thereafter conform to the provisions of this section, provided
that a legal nonconforming sign may not be replaced by another nonconforming
sign.
F.
Prohibited signs. The following signs shall be prohibited in all zoning districts, as established pursuant to Chapter 235, Zoning, of the Town Code, except as otherwise permitted by this section:
(1)
Animated signs, including those with rotating or moving parts
or messages.
(2)
Mobile signs.
(3)
Roof signs.
(4)
Any sign which could be mistaken for, or confused with, a traffic
control sign, signal or device.
(5)
Signs permanently painted, posted or otherwise attached to any
rock, fence, or utility pole.
(6)
Billboards.
(7)
All signs not expressly permitted by this section.
G.
Sign maintenance.
(1)
The owner of a sign and the owner of the premises on which such
sign is located shall be jointly and severally liable to maintain
such sign, including illumination sources, in a neat and orderly condition
and good working order at all times and to prevent the development
of rust, corrosion, rotting or other deterioration in the physical
appearance or safety of such sign.
(2)
Unsafe signs or unsightly, damaged or deteriorated signs or
signs in danger of falling shall be put in order or removed upon written
notice. Immediate compliance is expected for the repair or removal
of unsafe signs. If compliance is not achieved within the time period
specified in such notice, the sign shall be repaired or removed by
the Town and the costs assessed to the property owner pursuant to
this section.
(3)
Unsafe temporary signs or unsightly, damaged, or deteriorated
signs or signs in danger of falling shall be put in order or removed
upon written notice. Immediate compliance is expected for the repair
or removal of unsafe temporary signs.
H.
Enforcement and remedies.
(1)
Enforcement official. The provisions of this section shall be
administered and enforced by the Code Enforcement Officer, who shall
have the power to make necessary inspections.
(2)
Penalties for offenses.
(a)
In the event of a breach of any of the provisions of this section,
the Code Enforcement Officer shall notify the owner of the premises,
in writing, to remove, repair, or bring the sign into conformance
within 30 days of the date of such notice.
(b)
Any person, firm, or corporation, whether as owner, lessee,
agent, or employee, who violates any of the provisions of this section,
or who fails to comply with any order or regulation made thereunder,
or who erects, moves, or alters any sign in violation of any detailed
statement or plans submitted by him/her and approved under the provisions
of this section, shall be guilty of a violation of this section and
shall be fined not more than $100 for each violation.
(c)
Each day that such violation is permitted to exist shall constitute
a separate violation.
(d)
If any sign is erected, altered, or moved in violation of the
provisions of this section, proper officials may, in addition to other
remedies, institute an appropriate action to prevent such unlawful
operation.
(e)
Upon failure to comply with any notice within the prescribed
time, the Code Enforcement Officer shall remove or cause removal,
repair, or conformance of a sign and shall assess all costs and expenses
incurred against the owner of the building or land on which the sign
is located.
(f)
All costs and expenses incurred by the Town in causing the removal
or repair of any sign, as specified in this section, shall be assessed
against said owner and shall be paid and collected as part of the
Town tax next due and payable. In addition, the Town may commence
any other action or proceeding to collect such costs and expenses.
A.
Creation, appointment and organization. A Zoning Board of Appeals
consisting of five members is hereby created. The Town Board shall
appoint the members for overlapping five-year terms and shall also
appoint the Chairperson and the Secretary. The Zoning Board of Appeals
shall prescribe rules for the conduct of its affairs.
B.
Powers and duties. The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this chapter, which are
more particularly specified as follows:
(1)
Interpretation. Upon appeal from a decision by an administrative
official, to decide any question involving the interpretation of any
provisions of this chapter, including determination of the exact location
of any zone boundary if there is uncertainty with respect thereto.
(2)
Special permits. To issue special permits for any of the uses for
which this chapter requires the obtaining of such permits from the
Zoning Board of Appeals, but not for any other use or purpose. No
such special permits shall be granted by the Zoning Board of Appeals
unless it finds that the use for which such permits sought will not,
in the circumstances of the particular case and under any conditions
that the Board considers to be necessary or desirable, be injurious
to the neighborhood or otherwise detrimental to the public welfare.
(3)
Variances.
(a)
AREA VARIANCE
USE VARIANCE
Definitions. As used in this section:
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
(b)
A use variance or area variance shall be granted by the Zoning
Board of Appeals only upon a finding pursuant to § 267-b
of the Town Law. In granting any variance, the Zoning Board of Appeals
shall prescribe any condition that it deems to be necessary or desirable.
C.
Procedure.
(1)
The Zoning Board of Appeals shall act in strict accordance with the
procedure specified by law and by this chapter. All appeals and applications
made to the Zoning Board of Appeals shall be in writing, on forms
prescribed by the Board. Every appeal or application shall refer to
the specific provisions of the local law involved, and shall exactly
set forth the interpretation that is claimed, the use for which the
special permit is sought, or details of the variance that is applied
for and the grounds on which it is claimed that the variance should
be granted, as may be the case.
(2)
Every decision of the Zoning Board of Appeals shall be by resolution,
each of which shall contain a full record of the findings of the Board
in the peculiar case. Each such resolution shall be filed in the office
of the Town Clerk, by the case number under one or another of the
following headings: interpretation; special permits; variances; together
with all documents pertaining thereto. The Zoning Board of Appeals
shall notify the Town Board of the Town of Marcellus of each special
permit and each variance granted under the provision of this chapter.
(3)
The Planning Board shall act in an advisory role in applications
for special permits and variances.
(4)
The applicant for an area or a use variance shall notify by certified
mail all property owners within 500 feet of the subject property at
least five days prior to the public hearing and shall furnish the
Zoning Board of Appeals with post office receipts as proof of notification.
A.
Site plan review and approval. No building or zoning permits shall
be issued for any use or structure until a site plan has been reviewed
and approved by the Planning Board. Site plan review shall not be
required for:
(1)
One- or two-family dwellings and associated accessory structures
and uses in the R-1, R-2, R-3, R-4 or Agricultural Zones.
(2)
Uses or structures that require a special permit or a variance from the Zoning Board of Appeals shall be subject to an advisory site plan review prior to any decision by the Zoning Board of Appeals. The advisory review by the Planning Board shall address the site plan criteria in this § 235-28 and may include issues the Planning Board deems relevant. Where a special permit or variance is required, the Planning Board may only recommend a decision to the Zoning Board of Appeals, but it may offer a list of issues which the Planning Board determines needs further consideration by the Zoning Board of Appeals. The findings, recommendations, or suggestions of the Planning Board shall be presented in writing within 45 days and shall not be binding upon the Zoning Board of Appeals. The review period may be modified upon mutual consent of the above boards.
B.
Sketch plan. A sketch plan conference may be held between the Planning
Board and the applicant prior to the submission of a formal site plan.
Such conference is to enable the applicant to discuss his proposal
prior to the preparation of a detailed site plan and for the Planning
Board to review the basic site design concepts. The Planning Board
will advise the applicant as to potential problems and concerns and
generally determine the information required on the site plan. For
the plan conference, the applicant should provide the following:
(1)
A statement and rough sketch showing the locations and dimensions
of principal and accessory structures, parking areas, access signs
(with descriptions), existing and proposed vegetation, and other planned
features; anticipated changes in the existing topography and natural
features; and, where applicable, measures and features to comply with
flood hazard and flood insurance regulations;
(2)
A sketch or map of the area which clearly shows the location of the
site with respect to nearby streets, rights-of-way, properties, easements
and other pertinent features; and
(3)
A topographic or contour map.
C.
Application for site plan approval. An application for site plan
approval shall be made in writing to the Chairman of the Planning
Board no less than 10 working days before any scheduled or special
Planning Board meeting. The applicant shall submit a site plan and
supporting data which have been prepared by an architect, landscape
architect, engineer or land surveyor and which shall include the following
information presented in drawn form from this checklist:
(1)
Title of drawing, including name and address of applicant and person
responsible for preparation of such drawing;
(2)
North arrow, scale and date;
(3)
Boundaries of the property plotted to scale;
(4)
Existing watercourses;
(5)
Grading and drainage plan, showing existing and proposed contours;
(6)
Location, design and type of construction proposed use and exterior
dimensions of all buildings;
(7)
Location, design and type of construction of all parking and truck
loading areas, showing access and egress;
(8)
Provisions for pedestrian access;
(9)
Location of outdoor storage, if any;
(10)
Location, design and construction materials of all existing
or proposed site improvements including drains, culverts, retaining
walls and fences;
(11)
Description of the method of sewage disposal and location, design,
and construction materials of such facilities;
(12)
Description of the method of securing public water and locations,
design and construction materials of such facilities;
(13)
Location of fire and other emergency zones, including the location
of fire hydrants;
(14)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy;
(15)
Location, size and design and type of construction of all proposed
signs;
(16)
Location and proposed development of all buffer areas, including
existing vegetative cover;
(17)
Location and design of outdoor lighting facilities;
(18)
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity;
(19)
General landscaping plan and planting schedule;
(20)
An estimated project construction schedule;
(21)
Record of application for and approval status of all necessary
permits from state and county officials;
(22)
Identification of any state or county permits required for the
project's execution;
(23)
Other elements integral to the proposed development as considered
necessary by the Planning Board;
(24)
SEQR submission;
(25)
Names of property owners within 500 feet of property;
(26)
Current survey.
D.
Review of site plan. The Planning Board's review of the site plan
shall include, as appropriate, but is not limited to, the following
general considerations:
(1)
Location, arrangement, size, design, and general site compatibility
of building, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(9)
Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
E.
Planning Board action on site plan. Within 62 days of the receipt
of a complete application for site plan approval, the Planning Board
shall render a decision, file said decision with the Town Clerk, and
mail such decision to the applicant with a copy to the Codes Enforcement
Officer. At the Board's option, such decision may be reached at a
public hearing called for the purpose. The time within which a decision
must be rendered may be extended by mutual consent of the applicant
and Planning Board.
(1)
Upon approval of the site plan and payment by the applicant of all
fees and reimbursable costs due to the Town, the Planning Board shall
endorse its approval on a copy of the final site plan and shall forward
a copy to the applicant, Code Enforcement Officer, and file same with
the Town Clerk.
(2)
Upon disapproval of a site plan, the Planning Board shall so inform
the Code Enforcement Officer and he shall deny a permit to the applicant.
The Planning Board shall also notify the applicant in writing of its
decision and its reasons for disapproval. Such disapproval shall be
filed with the Town Clerk.
F.
Reimbursable costs. All costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall comply with Chapter 105, Article I, Development and Project Fees, of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Performance guarantee. No certificate of occupancy or compliance
shall be issued nor shall occupancy be allowed, until all improvements
shown on the site plan are installed or a sufficient performance guarantee
provided as determined by the Town Board after consultations with
the Planning Board, Code Enforcement Officer, Town Attorney, and other
appropriate parties.
H.
Inspection of improvements. The Code Enforcement Officer shall be
responsible for the overall inspection of site improvements including
coordination with the Planning Board and other officials and agencies,
as appropriate.
I.
Integration of procedures. Whenever proposed development requires
compliance with other procedures in this chapter or other Town requirements,
the Planning Board shall attempt to integrate its site plan review
with such other compliance.
J.
Hardship. Where the Planning Board finds that extraordinary hardships
may result from strict compliance with these regulations, it may vary
the regulations so that substantial justice may be done and the public
interest secured; provided that such variation will not have the effect
of mollifying the intent and purpose of the Official Zoning Map, the
Zoning Local Law, the Comprehensive Plan, or these regulations.
K.
Preparation of Stormwater Pollution Prevention Plan (SWPPP). A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 193, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards set forth in Article II of Chapter 193. The approved site plan shall be consistent with the provisions of said Chapter 193.
[Added 1-9-2012 by L.L.
No. 3-2012]
The Town Board may, from time to time, on its own motion, or
on petition or on recommendation of the Zoning Board of Appeals, amend,
supplement, change, modify, or repeal this chapter in accordance with
applicable provisions of law.
A.
Violation; penalty.
(1)
A violation of this chapter shall be an offense punishable by:
(a)
A fine not to exceed $250 or by imprisonment for a period not
to exceed 15 days, or both, for conviction of a first offense;
(b)
A fine not less than $250 nor more than $750 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a second
offense within five years of the first;
(c)
A fine not less than $750 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a third
or subsequent offense, all of which occurred within five years of
the first.
(2)
It shall be unlawful for a person to fail in any manner to comply
with any notice, order, or directive of the Code Enforcement Officer.
(3)
Each week of continued violation shall constitute a separate additional
violation. In addition, the Town Board shall have such other remedies
as are provided by law to enforce the provisions of this chapter.
B.
Complaints of violations. Whenever a violation of this chapter occurs,
any property owner of record may file a complaint in regard thereto.
All such complaints must be in writing and shall be filed with the
Town Clerk who shall properly record such complaint and immediately
refer it to the proper person or Board, who shall take appropriate
action to correct such violations.
C.
The Code Enforcement Officer shall be allowed to post a notice of
violation on the property in question. Removal of the sign shall be
construed to be a violation as defined.
A.
If the Zoning Board of Appeals of the Town of Marcellus shall find
that any operation permitted hereunder by special permit is not conducted
in accordance with the conditions as set forth in that special permit,
a notice in writing shall be served upon the holder of the permit
directing that the conditions provided be remedied within 10 days
after the service of such notice. If said condition is not corrected
or met after the expiration of said ten-day period, the Zoning Board
of Appeals may cause a notice to be made in writing to the holder
of said permit, requiring the holder of the permit to appear before
the Zoning Board of Appeals at a time to be specified in such notice
to show cause why said permit should not be revoked or suspended.
B.
The Zoning Board of Appeals may, after hearing the testimony of witnesses
and the holder of the permit, revoke or suspend such permit if the
Zoning Board of Appeals shall find that said operation is not being
conducted in accordance with provisions of this chapter or the conditions
of said permit.
The Town Board may from time to time establish a schedule of
fees to defray all or part of the expense of any notices, hearings,
permits and approvals under this chapter. Said fee or fees shall be
paid by the applicant at the time of application.
If any clause, sentence, paragraph or section of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not impair or invalidate the remainder hereof
but such judgment shall be confined in its operation to the clause,
sentence, paragraph or section directly involved in the controversy
in which judgment shall have been rendered.
