Dryden Town, NY Zoning Ordinance

Dryden Town City Zoning Code

ARTICLE IX

General Regulations

§ 270-9.1 General regulations.

Except as hereinafter provided, the following general provisions shall apply to land use and development in the Town of Dryden:

No land or structure shall hereafter be used or occupied and no structure or part thereof shall hereafter be enlarged or its use altered unless such action is in conformance with all the regulations specified for the zone in which said action occurs, any special regulations applicable thereto, and the provisions of this chapter.

Until such time as public water and/or sewer facilities are available, the Tompkins County Health Department standards for minimum lot size shall take precedence over any less restrictive provisions of this chapter except as may be provided in Chapter 240, Subdivision of Land.

No lot shall hereafter be reduced or altered so as to result in a lot that does not meet the minimum lot area or yard requirements prescribed by this chapter.

No yard provided for any structure for the purpose of complying with the provisions of this chapter shall be considered as providing a yard for any other structure.

Public utility facilities (including electric, gas, telephone and television cable) and necessary appurtenances thereto, shall be allowed uses in all zones by special use permit.

The provisions of this chapter shall not be in conflict with Chapter 240, Subdivision of Land, and the most restrictive provisions shall apply.

Waiver or modification of lot requirements during site plan review approval.

(1)

To encourage development, or redevelopment, as the case may be, the Town Board reserves the right to waive or modify, upon a determination as herein provided, the area and bulk requirements pertaining to the dimensions of a lot, set forth in Article VI. An applicant requesting a waiver or modification of lot requirements must demonstrate by clear and convincing evidence that, to the maximum extent practicable, the proposed development complies with the Residential and/or Commercial Development Guidelines.

(2)

In reaching a determination whether the applicant has, to the maximum extent practicable, complied with the applicable Design Guidelines, the Town Board shall consider:

(a)

The recommendations of the Planning Department and the Planning Board;

(b)

The scope of the proposed development, including number of new lots;

(c)

Minimization of new public infrastructure;

(d)

Maximization of permanently preserved open space; and

(e)

Utilization of techniques designed to enhance public safety, environmental quality, property values, economic opportunity, Town character as expressed in the Town's 2005 Comprehensive Plan, and the overall quality of life for all Town residents.

(3)

The Town Board shall hold a public hearing on any application to waive or modify lot requirements under this subsection, and the provisions of Town Law § 265 shall apply.

(4)

In reaching a determination about whether to waive or modify any of the above-mentioned area and bulk lot requirements, the Town Board shall make detailed findings of fact and conclusions based on the application, the recommendations of the various reviewers, the public hearing and the standards herein set forth.

§ 270-9.2 Unregistered vehicles.

All lots shall be kept free of vehicles that are unregistered, abandoned or inoperable, and shall be kept free of trash, rubbish or junk. For the purposes of this section, one vehicle that is unregistered but operable shall be permitted. An inspection certificate less than one year old by an inspector licensed by the New York State Department of Motor Vehicles shall be prima facie proof of the vehicle being operable. For vehicles that do not have such an inspection certificate, the owner may certify, under the penalty of perjury, that such vehicle is operable. An owner's certification shall not be entitled to prima facie evidence as to the vehicle being operable.

§ 270-9.3 Off-street parking.

Off-street parking spaces shall be provided as specified in this section and subject to the provisions of Subsection H(2) below shall be paved, drained, maintained and provided with necessary access driveways. All such parking spaces shall be considered to be required space on the lot on which they are located, unless otherwise stated, and shall not therefore be encroached upon in any manner.

All uses allowed by this chapter, as well as uses, allowed by variance, shall include at minimum the following amount of off-street parking spaces:

(1)

For each dwelling unit: one parking space, except for dwelling units occupied by more than three unrelated persons, where one parking space per bedroom shall be required.

(2)

For hotels and motels: one parking space per room plus one parking space per two employees.

(3)

For a church: one parking space for each four persons who can be seated in the sanctuary area.

(4)

For an educational building: one parking space for each employee and one parking space for each 10 students.

(5)

For a college, trade school, or other post-secondary educational facility: one parking space for each two employees and one parking space for each two students.

(6)

For a community center or other civic or semipublic structure: one parking space for each 250 square feet of gross floor space plus one parking space for every two employees.

(7)

For public or private parks or playgrounds: ample parking spaces to accommodate the parking requirements for the expected use as determined by the Board.

(8)

For commercial recreation facilities: one parking space for each 200 square feet of enclosed space for indoor facilities, plus for outdoor facilities one parking space for each 7,500 square feet, or major fraction thereof, up to a maximum 10 spaces, and thereafter, one parking space for every 20,000 square feet, or major fraction thereof.

(9)

For a restaurant, club, lodge or similar use: one parking space for each 150 square feet of floor area.

(10)

For any retail shop or store: five parking spaces for each 1,000 square feet of floor area.

(11)

For any gasoline filling station: one parking space per pump island, plus applicable parking for all other uses on the site.

(12)

For a shopping center: five parking spaces for each 1,000 square feet of floor area up to 25,000 square feet, then four parking spaces for each 1,000 square feet thereafter.

(13)

For a professional office, studio or bank (except medical and dental offices): one parking space for each 250 square feet of floor area.

(14)

For medical and dental offices and clinics: one parking space for each 150 square feet of gross floor area.

(15)

For research offices and laboratories: one parking space for each 200 square feet of floor area or one parking space for each two employees working on the largest shift, whichever is greater.

(16)

Home occupation Level 2: in addition to the dwelling unit parking space requirement, ample parking space to accommodate the parking requirements of the expected use determined at the time of the special use permit hearing.

(17)

For a hospital, nursing home, similar use: one parking space for each four beds, plus one parking space for each employee per shift.

(18)

For machinery display and repair uses: one parking space for each two employees, plus one parking space for each 5,000 square feet, or major fraction thereof, of lot area.

(19)

For a manufacturing, assembly or other light industrial use: one parking space for each two employees per shift.

(20)

For lumber, building materials and other similar storage yards: one parking space for each two employees, plus one space for each 5,000 square feet or major fraction thereof of storage area.

(21)

For wholesale, storage and warehouse facilities: one parking space for each 2,000 square feet of warehouse space, plus one parking space for each 250 square feet of office space.

(22)

For all service uses such as printing, welding, plumbing and similar shops: one parking space for each employee or one parking space for each 500 square feet of floor area devoted to such use, whichever is greater.

(23)

For a boarding house, bed-and-breakfast establishment and bed-and-breakfast home: in addition to the dwelling unit parking requirement, one parking space for each bedroom to be rented.

In order to encourage safe and convenient traffic circulation, the Board may require the interconnection of parking areas in adjacent lots via access drives within and between such lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Board, binding the owner, and the successors and assignees of the owner to maintain such interconnection of parking areas.

Loading berths.

(1)

Every use requiring receipt or distribution of materials or merchandise by motor vehicle shall have one or more loading berths or other dedicated space for standing, loading and unloading according to the following tables. Such loading berth shall be of a sufficient size to allow normal loading and unloading operations appropriate to the use of the property, and such space shall not be used for parking of vehicles or storage of materials, or to meet the off-street parking requirements.

Off-Street Loading Berth Requirements
Land Use Classification	Loading Berth Requirements
Hotel/motel uses	1 loading berth for every 100,000 square feet of floor area, to a maximum of 3 loading berths
Light Industrial and commercial uses:	Minimum number of loading berths required as follows:
Less than 25,000 square feet	1
25,000 to 49,999 square feet	2
50,000 to 99,999 square feet	3
Each additional 100,000 square feet	1 additional loading berth

(2)

This Subsection D shall apply to new structures or additions to existing structures, and these requirements shall not be considered to make any existing uses nonconforming uses because of the lack of such off-street loading berths.

For all uses requiring site plan approval or a special use permit, applicable facilities for bicycle parking, as determined by the Board, shall be provided.

Landscaping and layout of parking areas.

(1)

Plan; shade trees.

(a)

A landscaping plan for parking areas shall be submitted for those uses requiring site plan review or a special use permit.

(b)

All areas in a parking lot not required for parking spaces or access drives shall be suitably landscaped and maintained and shall include the use of shade trees as herein provided.

(2)

In off-street parking facilities with 25 or more parking spaces, at least 15% of the land within the perimeter of the area dedicated to parking shall consist of raised landscaped islands, except that the Board may waive or modify this requirement for good cause shown and in the interest of good design, when fewer than 50 parking spaces are required.

(a)

Landscaped islands shall be located at the ends of each parking bay which contains 10 or more parking spaces, separating adjacent rows of parking spaces at least every second parking bay and elsewhere as determined appropriate by the Board in order to direct vehicle movement, provide for plant growth and vehicle overhang, provide for pedestrian circulation and otherwise help assure proper traffic circulation, pedestrian safety and aesthetics. Such landscaped islands and the plantings within them shall be designed and arranged so as to provide vertical definition to major traffic circulation aisles, entrances and exits; to safely channel internal traffic flow; to prevent indiscriminate diagonal movement of vehicles; to provide cooling shade and relief from the visual impact, monotony and heat of large expanses of paved areas; and, where appropriate, to accommodate stormwater management practices such as bioretention areas, swales and sand filters.

(b)

Unless modified by the Board, the minimum width of landscaped islands shall be eight feet when located at the ends of parking bays and 10 feet where separating opposing rows of parking spaces or adjacent to circulation aisles. All corners shall be rounded with a curb radius of not less than three feet unless otherwise required by the Board.

(c)

The landscaping of off-street parking areas shall include at least one shade tree of not less than three inches caliper (dbh) for each six parking spaces. Main traffic circulation aisles shall be emphasized with such shade trees. Other landscaped islands may be planted with flowering trees and/or other plantings, as appropriate. The shade tree planting is in addition to ground cover, shrubs and hedges which are to be provided where appropriate to serve their intended function while not interfering with safe sight distance for pedestrians and vehicles.

(d)

The Board may also permit nonlandscaped islands, if appropriate for purposes such as pedestrian circulation, snow storage and so forth. Such islands shall not be less than four feet in usable width.

(e)

In addition to the buffer requirements of § 270-9.10, all off-street parking and loading facilities shall also be attractively landscaped along their periphery. Such landscaped screening shall be a minimum of 10 feet in width. The buffer shall consist of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Board, will serve the intended function. The Board may allow or require a landscaped berm, wall or fence of location, height, design and materials determined suitable by the Board to be substituted for or to supplement the required screen planting.

(f)

New plantings shall be comprised of appropriate native species and shall not include those invasive species on the "Invasive Plants of Tompkins County" list.

No parking facilities shall provide more than 120% of the minimum number of parking spaces required by this section unless expressly approved by the Board in approval.

Stormwater management, use of pervious or porous materials.

(1)

All parking facilities shall be designed in compliance with Chapter 233, Stormwater Management and Erosion and Sediment Control.

(2)

Notwithstanding Subsection A above, where feasible and appropriate, the use of pervious or porous materials in the construction of parking facilities is encouraged, including the use of crushed stone, porous asphalt and concrete mixtures and blocks or brick laid in sand. The porous or pervious surfaces can cover the entire lot, or certain areas, such as parking stalls. Porous surfaces should be designed to encourage the direct infiltration and cleansing of stormwater, to reduce adverse environmental impacts of large impervious parking areas.

In the case of two or more different uses located on the same lot, the sum of the space required for all uses individually may be reduced to an amount no less than 125% of the largest number of spaces required by any single use, upon a determination by the Board that such a reduced amount of parking space will be adequate to serve all uses on the lot due to their different character and hours of operation.

Parking spaces for the handicapped shall be at least eight feet in width and shall have an adjacent access aisle at least eight feet in width or as otherwise required by the New York State Uniform Fire Prevention and Building Code.[1] The minimum number of handicap accessible spaces shall also be as required by such code. The eight-foot-wide access aisle may be shared by two adjacent handicap parking spaces and shall be part of an accessible route to the building or use which it is designed to serve. Such spaces shall be appropriately located and clearly identified and limited in their use by appropriate signage and pavement markings.

[1]

Editor's Note: See Ch. 118, Building Code Administration and Enforcement.

Reduction of required number of parking spaces.

(1)

If the Board determines that less than the required number of parking spaces required by this section will satisfy the intent of this chapter based upon the proposed use, and such other factors as the Board may determine, the Board may reduce the number of parking spaces to be initially provided by up to 50% of the number of spaces otherwise required.

(2)

In granting such a reduction in the required number of spaces, the parking plan must provide for sufficient area to accommodate the number of parking spaces otherwise required by this section before such reduction, including maneuvering areas, landscaping, stormwater management facilities, and otherwise required improvements.

(3)

All such reserved areas shall be maintained as landscaped grounds until required for parking.

(4)

In the event the Board determines, after a public hearing on at least 10 days' prior notice to the property owner and the public, that the reduced number of parking spaces are not sufficient for the current use of the property, the Board may then require the construction of some or all of the parking spaces originally required but not yet provided. The failure of the property owner to comply with the order of the Board to construct such parking facilities within six months of the date of such order shall be grounds to revoke any certificate of occupancy issued by the Code Enforcement Officer.

For residential lots: any unoccupied camping trailer, utility trailer, boat and/or boat trailer, or recreational vehicle may be parked on the lot. Outside parking shall be at the rear or side of the dwelling but shall not be closer than five feet to any side or rear property line.

§ 270-9.4 Signs.

The intent and purpose of this section is to establish specifications for signs in all zones in the Town of Dryden. Compliance with these regulations will permit proper identification of the use of or the address of the premises, preserve and enhance the visual character of the area, and prevent sign installations that are distracting or hazardous to vehicular or pedestrian traffic.

In general, and unless otherwise specified in this section, no portion of any sign shall be located closer than 15 feet to any highway line. Except for an outdoor advertising billboard, all signs shall be located on the premises to which they pertain.

All uses allowed by this chapter, including those allowed by use variance and special use permit, may have signs in accordance with the following specifications:

(1)

Signs required by law.

(2)

Signs of a government or utility company not to exceed 32 square feet.

(3)

Residential signs:

(a)

One sign, not to exceed one square foot, for each dwelling unit.

(b)

One sign, not to exceed 10 square feet for a multifamily dwelling, bed-and-breakfast establishment or bed-and-breakfast home, and Home Occupation Level 2 in addition to a sign for the dwelling unit.

(c)

One sign, not to exceed three square feet, for each Home Occupation Level 1 in addition to a sign for the dwelling unit.

(4)

Commercial and light industrial signs. The number of signs and the size of each sign are shown in Table 1 for the respective use category. Signs may be freestanding or placed on the exterior surface of the structure.

Table 1
Size, Freestanding: Use Category		Number of Signs	Maximum Square Feet	Maximum Size on Facade	Remarks
a.	Retail business not in shopping center	2	40	25%	Sign on an exterior surface shall not exceed 25% of such area, and may be in addition to the other signs permitted in this category
b.	Retail business in shopping center	1	16	16 square feet
c.	Shopping centers or plazas; manufacturing, assembly or light industrial uses	2	160	20%	For a sign facing a highway, a minimum setback of 30 feet from the highway line is required
d.	Wholesale sales, storage, printing, welding, plumbing, and similar uses; automobile and machinery sales, service, washing and maintenance; commercial indoor recreation; motels, outdoor theater	2	80	20%
e.	Offices and laboratories	1	80	20%
f.	Gasoline stations	2	32	10%	In addition, 2 advertising signs not to exceed 10 square feet are allowed
g.	Camps, clubs, outdoor recreation facilities, schools, churches	2	24
h.	Farm stands	3	16
i.	Manufactured home park	1	32		Alternatively, 1 per manufactured home park entrance with a maximum of 3 signs not to exceed 12 square feet

(5)

Signs advertising the sale, lease or rental of the premises upon which the sign is located: one sign, not to exceed 10 square feet if not located on the building and one sign not to exceed 50 square feet if located on the building.

(6)

Temporary signs denoting the architect, engineer, or contractor placed on premises where construction, repair, or renovation is in progress: one sign not to exceed 32 square feet.

(7)

Billboards. Billboards are allowed only in the Billboard Overlay District.

[Amended 8-10-2023 by L.L. No. 6-2023]

(8)

Boarding house, bed-and-breakfast establishment, or bed-and-breakfast home. One sign not to exceed six square feet with indirect lighting only. If a special use permit is required, the sign is subject to the approval of the Board.

Sign illumination.

(1)

Illumination of any sign shall employ only light emitting a constant intensity. No signs shall be illuminated by or contain flashing, intermittent, rotating, or moving light. In no event shall an illuminated sign be placed or light directed so that the illumination is directed upward resulting in light pollution, or be directed upon a public highway, sidewalk or onto the adjacent premises or that results in glare or reflection that constitutes a traffic hazard or a nuisance.

(2)

Signs shall be illuminated by a shielded light source, or sources, to restrict the area illuminated to the sign face, and downward.

Advertising letters or symbols on opposite sides of a structure less than one foot thick shall be considered as one sign.

If a sign consists of independent, detached letters or symbols, the area of said sign shall be determined by measuring the area within a polygon enclosing all of such letters or symbols.

No freestanding sign and its structure shall exceed 15 feet in height.

Where permitted on buildings, signs shall be on the exterior wall of the building and no portion of a sign or its support structure shall extend above the fascia or be mounted on the roof or above the roof.

§ 270-9.5 Obstruction to vision.

On any corner lot, no hedge, fence, planting, wall, or structure shall be permitted nearer than 15 feet from the highway lines if such will result in an obstruction to the vision of motorists.

§ 270-9.6 Flight hazard area.

For the purposes of this section, "flight hazard area" shall mean that area as defined by Article 14 of the General Municipal Law and pursuant to the applicable statutes, codes, rules and regulations of the Federal Aviation Administration.

Uses.

(1)

Except as provided herein, all uses may be allowed in the flight hazard area of the Ithaca Tompkins Regional Airport.

(2)

No multifamily dwellings, hospital, nursing home, or place of public assembly shall be allowed in an area designated as a flight hazard area for any private airport or heliport.

Before any building permit can be issued for any structure or use in the flight hazard area of the Ithaca Tompkins Regional Airport, the Code Enforcement Officer shall be satisfied that such structure or use complies with all applicable federal, state and local statutes, codes, rules and regulations for the use or construction of property within a flight hazard area.

Before a building permit can be issued for any structure or use allowed in the flight hazard area of any private airport or heliport, the Code Enforcement Officer shall be satisfied that such structure or use complies with all applicable federal, state and local statutes, codes, rules and regulations for the use or construction of a structure within such flight hazard area.

§ 270-9.7 Abandoned cellar holes and buildings.

Within one year after work on any excavation for a structure has begun, such disturbance must be graded to final contours or, if no construction was begun, the excavation must be restored to the preexisting grade. Any structure substantially damaged or destroyed by any casualty shall be rebuilt or demolished within one year following such damage or destruction except as provided in Article XVI. Any cellar remaining after demolition or destruction of a structure from any casualty shall be restored to grade within one year following such demolition or destruction.

§ 270-9.8 Farm stands.

A farm stand shall be at least 50 feet from the public highway center line.

A farm stand shall provide a safe means of ingress/egress and parking for customers' motor vehicles.

§ 270-9.9 Outdoor storage.

Outdoor storage/display may be allowed as an accessory use, provided that such storage/display areas are screened from all highways and residential areas. Such storage/display area shall not encroach on any yard setback, nor be located in any designated landscaping/buffer area set forth on an approved site plan.

§ 270-9.10 Landscaped buffer requirements for multifamily and nonresidential uses.

All portions of multifamily and nonresidential lots which are not used for structures, off-street parking and loading areas, sidewalks or similar purposes shall be landscaped and permanently maintained in such manner as to minimize erosion and stormwater runoff and harmoniously blend such uses with the surrounding residential character.

Multifamily or nonresidential uses abutting or directly across a Highway from any residential property in a CV, H, NR, RA, RR or TNDO District, shall have a Buffer Strip along or facing any common property lines. Such Buffer Strip shall comply with the following minimum standards:

(1)

It shall be a planting of such type, height, spacing and arrangement as, in the judgment of the Board, will effectively screen the activity on the lot from the neighboring residential area. In the case of industrial uses, plantings shall be at least six feet high at planting and at least 12 feet high at maturity.

(2)

It shall be at least 20 feet in width, except in conjunction with industrial uses, in which case the buffer strip shall be at least 30 feet in width.

(3)

No site improvements, including parking areas, shall be allowed within 15 feet of the inside edge of any buffer strip.

(4)

A wall or fence of location, height, design and materials approved by the Board may be substituted for part or all of the required planting and buffer area.

(5)

Where the existing topography and/or landscaping provide adequate screening, the Board may waive or modify the planting and/or buffer area requirements.

§ 270-9.11 Exterior lighting.

All exterior lighting in connection with all structures, signs or other uses shall be directed away from adjoining highways and properties and shall not cause any glare observable from such highways or properties. Hours of illumination may be restricted by the Board in any site plan approval or special use permit. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.5 footcandle. Light fixtures shall be designed to prevent light pollution by shielding the light source and directing light downwards, away from the night sky.

§ 270-9.12 Use of native species of plants required.

No required landscaped buffer strip, site plan or other required landscape plan or planting schedule shall contain or propose an invasive species, and no invasive species shall be planted or maintained in such buffer strip, landscape plan or plantings.

§ 270-9.13 Short-term rentals.

[Added 11-19-2020 by L.L. No. 4-2020]

Use of a dwelling unit or a portion of a dwelling unit for short-term rental is permitted only when the residence containing the dwelling unit is contained in or adjacent to the primary residence of the property owner and only as an accessory use.

Short-term rental of a residence or a portion of a residence, meeting all of the following requirements:

(1)

Compliance with all federal, state, county, and local laws, codes, rules and regulations, including but not limited to the New York State Uniform Fire Prevention and Building Code.[1]

[1]

Editor's Note: See Ch. 118, Building Code Administration and Enforcement.

(2)

Permitted short-term rental types.

(a)

Rental of a residence or a portion of the residence, such as a secondary self-contained accessory apartment or a room contained in a residence, for a maximum of 30 days total in any calendar year where the owner is not present in the residence, provided that the owner of the residence or his/her agent is available locally in order to respond in a timely manner to complaints regarding the condition of the residence or the property at which the residence is located or regarding the conduct of occupants of the residence.

(b)

Rental of a secondary self-contained accessory apartment, provided that the owner of the residence is present in the residence during the term of the rental.

(c)

Rental of a room, or portion contained in a residence, provided that the owner of the residence is present in the residence during the term of the rental.

(3)

A short-term rental may not be used by a total that exceeds two adults per bedroom.

Short-term rental registration permit.

(1)

Prior to use of a residence or any part thereof for short-term rental, the owner of the owner of the residence must obtain a registration permit from the Town.

(2)

The owner shall complete a registration form and submit it with a biannual registration permit fee of $90. The registration permit must be renewed every two years.

(3)

Advertising of a property for short-term rental is prohibited absent a valid registration permit.

Presumption. In a court action or proceeding involving an alleged violation of this section, the publication in an advertising medium, including but not limited to print newspaper, an online forum such as Craigslist or a social media publication, shall be deemed to create a rebuttable presumption that the owner of the property rented the property out as advertised.

Dryden Town City Zoning Code

ARTICLE IX

General Regulations

§ 270-9.1 General regulations.

Except as hereinafter provided, the following general provisions shall apply to land use and development in the Town of Dryden:

No lot shall hereafter be reduced or altered so as to result in a lot that does not meet the minimum lot area or yard requirements prescribed by this chapter.

No yard provided for any structure for the purpose of complying with the provisions of this chapter shall be considered as providing a yard for any other structure.

Public utility facilities (including electric, gas, telephone and television cable) and necessary appurtenances thereto, shall be allowed uses in all zones by special use permit.

The provisions of this chapter shall not be in conflict with Chapter 240, Subdivision of Land, and the most restrictive provisions shall apply.

Waiver or modification of lot requirements during site plan review approval.

(1)

(2)

In reaching a determination whether the applicant has, to the maximum extent practicable, complied with the applicable Design Guidelines, the Town Board shall consider:

(a)

The recommendations of the Planning Department and the Planning Board;

(b)

The scope of the proposed development, including number of new lots;

(c)

Minimization of new public infrastructure;

(d)

Maximization of permanently preserved open space; and

(e)

(3)

The Town Board shall hold a public hearing on any application to waive or modify lot requirements under this subsection, and the provisions of Town Law § 265 shall apply.

(4)

§ 270-9.2 Unregistered vehicles.

§ 270-9.3 Off-street parking.

All uses allowed by this chapter, as well as uses, allowed by variance, shall include at minimum the following amount of off-street parking spaces:

(1)

For each dwelling unit: one parking space, except for dwelling units occupied by more than three unrelated persons, where one parking space per bedroom shall be required.

(2)

For hotels and motels: one parking space per room plus one parking space per two employees.

(3)

For a church: one parking space for each four persons who can be seated in the sanctuary area.

(4)

For an educational building: one parking space for each employee and one parking space for each 10 students.

(5)

For a college, trade school, or other post-secondary educational facility: one parking space for each two employees and one parking space for each two students.

(6)

For a community center or other civic or semipublic structure: one parking space for each 250 square feet of gross floor space plus one parking space for every two employees.

(7)

For public or private parks or playgrounds: ample parking spaces to accommodate the parking requirements for the expected use as determined by the Board.

(8)

(9)

For a restaurant, club, lodge or similar use: one parking space for each 150 square feet of floor area.

(10)

For any retail shop or store: five parking spaces for each 1,000 square feet of floor area.

(11)

For any gasoline filling station: one parking space per pump island, plus applicable parking for all other uses on the site.

(12)

For a shopping center: five parking spaces for each 1,000 square feet of floor area up to 25,000 square feet, then four parking spaces for each 1,000 square feet thereafter.

(13)

For a professional office, studio or bank (except medical and dental offices): one parking space for each 250 square feet of floor area.

(14)

For medical and dental offices and clinics: one parking space for each 150 square feet of gross floor area.

(15)

For research offices and laboratories: one parking space for each 200 square feet of floor area or one parking space for each two employees working on the largest shift, whichever is greater.

(16)

(17)

For a hospital, nursing home, similar use: one parking space for each four beds, plus one parking space for each employee per shift.

(18)

For machinery display and repair uses: one parking space for each two employees, plus one parking space for each 5,000 square feet, or major fraction thereof, of lot area.

(19)

For a manufacturing, assembly or other light industrial use: one parking space for each two employees per shift.

(20)

For lumber, building materials and other similar storage yards: one parking space for each two employees, plus one space for each 5,000 square feet or major fraction thereof of storage area.

(21)

For wholesale, storage and warehouse facilities: one parking space for each 2,000 square feet of warehouse space, plus one parking space for each 250 square feet of office space.

(22)

(23)

For a boarding house, bed-and-breakfast establishment and bed-and-breakfast home: in addition to the dwelling unit parking requirement, one parking space for each bedroom to be rented.

Loading berths.

(1)

Off-Street Loading Berth Requirements
Land Use Classification	Loading Berth Requirements
Hotel/motel uses	1 loading berth for every 100,000 square feet of floor area, to a maximum of 3 loading berths
Light Industrial and commercial uses:	Minimum number of loading berths required as follows:
Less than 25,000 square feet	1
25,000 to 49,999 square feet	2
50,000 to 99,999 square feet	3
Each additional 100,000 square feet	1 additional loading berth

(2)

For all uses requiring site plan approval or a special use permit, applicable facilities for bicycle parking, as determined by the Board, shall be provided.

Landscaping and layout of parking areas.

(1)

Plan; shade trees.

(a)

A landscaping plan for parking areas shall be submitted for those uses requiring site plan review or a special use permit.

(b)

All areas in a parking lot not required for parking spaces or access drives shall be suitably landscaped and maintained and shall include the use of shade trees as herein provided.

(2)

(a)

(b)

(c)

(d)

The Board may also permit nonlandscaped islands, if appropriate for purposes such as pedestrian circulation, snow storage and so forth. Such islands shall not be less than four feet in usable width.

(e)

(f)

New plantings shall be comprised of appropriate native species and shall not include those invasive species on the "Invasive Plants of Tompkins County" list.

No parking facilities shall provide more than 120% of the minimum number of parking spaces required by this section unless expressly approved by the Board in approval.

Stormwater management, use of pervious or porous materials.

(1)

All parking facilities shall be designed in compliance with Chapter 233, Stormwater Management and Erosion and Sediment Control.

(2)

[1]

Editor's Note: See Ch. 118, Building Code Administration and Enforcement.

Reduction of required number of parking spaces.

(1)

(2)

(3)

All such reserved areas shall be maintained as landscaped grounds until required for parking.

(4)

§ 270-9.4 Signs.

All uses allowed by this chapter, including those allowed by use variance and special use permit, may have signs in accordance with the following specifications:

(1)

Signs required by law.

(2)

Signs of a government or utility company not to exceed 32 square feet.

(3)

Residential signs:

(a)

One sign, not to exceed one square foot, for each dwelling unit.

(b)

One sign, not to exceed 10 square feet for a multifamily dwelling, bed-and-breakfast establishment or bed-and-breakfast home, and Home Occupation Level 2 in addition to a sign for the dwelling unit.

(c)

One sign, not to exceed three square feet, for each Home Occupation Level 1 in addition to a sign for the dwelling unit.

(4)

Table 1
Size, Freestanding: Use Category		Number of Signs	Maximum Square Feet	Maximum Size on Facade	Remarks
a.	Retail business not in shopping center	2	40	25%	Sign on an exterior surface shall not exceed 25% of such area, and may be in addition to the other signs permitted in this category
b.	Retail business in shopping center	1	16	16 square feet
c.	Shopping centers or plazas; manufacturing, assembly or light industrial uses	2	160	20%	For a sign facing a highway, a minimum setback of 30 feet from the highway line is required
d.	Wholesale sales, storage, printing, welding, plumbing, and similar uses; automobile and machinery sales, service, washing and maintenance; commercial indoor recreation; motels, outdoor theater	2	80	20%
e.	Offices and laboratories	1	80	20%
f.	Gasoline stations	2	32	10%	In addition, 2 advertising signs not to exceed 10 square feet are allowed
g.	Camps, clubs, outdoor recreation facilities, schools, churches	2	24
h.	Farm stands	3	16
i.	Manufactured home park	1	32		Alternatively, 1 per manufactured home park entrance with a maximum of 3 signs not to exceed 12 square feet

(5)

(6)

Temporary signs denoting the architect, engineer, or contractor placed on premises where construction, repair, or renovation is in progress: one sign not to exceed 32 square feet.

(7)

Billboards. Billboards are allowed only in the Billboard Overlay District.

[Amended 8-10-2023 by L.L. No. 6-2023]

(8)

Sign illumination.

(1)

(2)

Signs shall be illuminated by a shielded light source, or sources, to restrict the area illuminated to the sign face, and downward.

Advertising letters or symbols on opposite sides of a structure less than one foot thick shall be considered as one sign.

If a sign consists of independent, detached letters or symbols, the area of said sign shall be determined by measuring the area within a polygon enclosing all of such letters or symbols.

No freestanding sign and its structure shall exceed 15 feet in height.

§ 270-9.5 Obstruction to vision.

On any corner lot, no hedge, fence, planting, wall, or structure shall be permitted nearer than 15 feet from the highway lines if such will result in an obstruction to the vision of motorists.

§ 270-9.6 Flight hazard area.

Uses.

(1)

Except as provided herein, all uses may be allowed in the flight hazard area of the Ithaca Tompkins Regional Airport.

(2)

No multifamily dwellings, hospital, nursing home, or place of public assembly shall be allowed in an area designated as a flight hazard area for any private airport or heliport.

§ 270-9.7 Abandoned cellar holes and buildings.

§ 270-9.8 Farm stands.

A farm stand shall be at least 50 feet from the public highway center line.

A farm stand shall provide a safe means of ingress/egress and parking for customers' motor vehicles.

§ 270-9.9 Outdoor storage.

§ 270-9.10 Landscaped buffer requirements for multifamily and nonresidential uses.

(1)

(2)

It shall be at least 20 feet in width, except in conjunction with industrial uses, in which case the buffer strip shall be at least 30 feet in width.

(3)

No site improvements, including parking areas, shall be allowed within 15 feet of the inside edge of any buffer strip.

(4)

A wall or fence of location, height, design and materials approved by the Board may be substituted for part or all of the required planting and buffer area.

(5)

Where the existing topography and/or landscaping provide adequate screening, the Board may waive or modify the planting and/or buffer area requirements.

§ 270-9.11 Exterior lighting.

§ 270-9.12 Use of native species of plants required.

§ 270-9.13 Short-term rentals.

[Added 11-19-2020 by L.L. No. 4-2020]

Short-term rental of a residence or a portion of a residence, meeting all of the following requirements:

(1)

Compliance with all federal, state, county, and local laws, codes, rules and regulations, including but not limited to the New York State Uniform Fire Prevention and Building Code.[1]

[1]

Editor's Note: See Ch. 118, Building Code Administration and Enforcement.

(2)

Permitted short-term rental types.

(a)

(b)

Rental of a secondary self-contained accessory apartment, provided that the owner of the residence is present in the residence during the term of the rental.

(c)

Rental of a room, or portion contained in a residence, provided that the owner of the residence is present in the residence during the term of the rental.

(3)

A short-term rental may not be used by a total that exceeds two adults per bedroom.

Short-term rental registration permit.

(1)

Prior to use of a residence or any part thereof for short-term rental, the owner of the owner of the residence must obtain a registration permit from the Town.

(2)

The owner shall complete a registration form and submit it with a biannual registration permit fee of $90. The registration permit must be renewed every two years.

(3)

Advertising of a property for short-term rental is prohibited absent a valid registration permit.

Dryden Town City Zoning Code

ARTICLE IX

General Regulations

§ 270-9.1 General regulations.

Except as hereinafter provided, the following general provisions shall apply to land use and development in the Town of Dryden:

No lot shall hereafter be reduced or altered so as to result in a lot that does not meet the minimum lot area or yard requirements prescribed by this chapter.

No yard provided for any structure for the purpose of complying with the provisions of this chapter shall be considered as providing a yard for any other structure.

Public utility facilities (including electric, gas, telephone and television cable) and necessary appurtenances thereto, shall be allowed uses in all zones by special use permit.

The provisions of this chapter shall not be in conflict with Chapter 240, Subdivision of Land, and the most restrictive provisions shall apply.

Waiver or modification of lot requirements during site plan review approval.

(1)

(2)

In reaching a determination whether the applicant has, to the maximum extent practicable, complied with the applicable Design Guidelines, the Town Board shall consider:

(a)

The recommendations of the Planning Department and the Planning Board;

(b)

The scope of the proposed development, including number of new lots;

(c)

Minimization of new public infrastructure;

(d)

Maximization of permanently preserved open space; and

(e)

(3)

The Town Board shall hold a public hearing on any application to waive or modify lot requirements under this subsection, and the provisions of Town Law § 265 shall apply.

(4)

§ 270-9.2 Unregistered vehicles.

§ 270-9.3 Off-street parking.

All uses allowed by this chapter, as well as uses, allowed by variance, shall include at minimum the following amount of off-street parking spaces:

(1)

For each dwelling unit: one parking space, except for dwelling units occupied by more than three unrelated persons, where one parking space per bedroom shall be required.

(2)

For hotels and motels: one parking space per room plus one parking space per two employees.

(3)

For a church: one parking space for each four persons who can be seated in the sanctuary area.

(4)

For an educational building: one parking space for each employee and one parking space for each 10 students.

(5)

For a college, trade school, or other post-secondary educational facility: one parking space for each two employees and one parking space for each two students.

(6)

For a community center or other civic or semipublic structure: one parking space for each 250 square feet of gross floor space plus one parking space for every two employees.

(7)

For public or private parks or playgrounds: ample parking spaces to accommodate the parking requirements for the expected use as determined by the Board.

(8)

(9)

For a restaurant, club, lodge or similar use: one parking space for each 150 square feet of floor area.

(10)

For any retail shop or store: five parking spaces for each 1,000 square feet of floor area.

(11)

For any gasoline filling station: one parking space per pump island, plus applicable parking for all other uses on the site.

(12)

For a shopping center: five parking spaces for each 1,000 square feet of floor area up to 25,000 square feet, then four parking spaces for each 1,000 square feet thereafter.

(13)

For a professional office, studio or bank (except medical and dental offices): one parking space for each 250 square feet of floor area.

(14)

For medical and dental offices and clinics: one parking space for each 150 square feet of gross floor area.

(15)

For research offices and laboratories: one parking space for each 200 square feet of floor area or one parking space for each two employees working on the largest shift, whichever is greater.

(16)

(17)

For a hospital, nursing home, similar use: one parking space for each four beds, plus one parking space for each employee per shift.

(18)

For machinery display and repair uses: one parking space for each two employees, plus one parking space for each 5,000 square feet, or major fraction thereof, of lot area.

(19)

For a manufacturing, assembly or other light industrial use: one parking space for each two employees per shift.

(20)

For lumber, building materials and other similar storage yards: one parking space for each two employees, plus one space for each 5,000 square feet or major fraction thereof of storage area.

(21)

For wholesale, storage and warehouse facilities: one parking space for each 2,000 square feet of warehouse space, plus one parking space for each 250 square feet of office space.

(22)

(23)

For a boarding house, bed-and-breakfast establishment and bed-and-breakfast home: in addition to the dwelling unit parking requirement, one parking space for each bedroom to be rented.

Loading berths.

(1)

Off-Street Loading Berth Requirements
Land Use Classification	Loading Berth Requirements
Hotel/motel uses	1 loading berth for every 100,000 square feet of floor area, to a maximum of 3 loading berths
Light Industrial and commercial uses:	Minimum number of loading berths required as follows:
Less than 25,000 square feet	1
25,000 to 49,999 square feet	2
50,000 to 99,999 square feet	3
Each additional 100,000 square feet	1 additional loading berth

(2)

For all uses requiring site plan approval or a special use permit, applicable facilities for bicycle parking, as determined by the Board, shall be provided.

Landscaping and layout of parking areas.

(1)

Plan; shade trees.

(a)

A landscaping plan for parking areas shall be submitted for those uses requiring site plan review or a special use permit.

(b)

All areas in a parking lot not required for parking spaces or access drives shall be suitably landscaped and maintained and shall include the use of shade trees as herein provided.

(2)

(a)

(b)

(c)

(d)

The Board may also permit nonlandscaped islands, if appropriate for purposes such as pedestrian circulation, snow storage and so forth. Such islands shall not be less than four feet in usable width.

(e)

(f)

New plantings shall be comprised of appropriate native species and shall not include those invasive species on the "Invasive Plants of Tompkins County" list.

No parking facilities shall provide more than 120% of the minimum number of parking spaces required by this section unless expressly approved by the Board in approval.

Stormwater management, use of pervious or porous materials.

(1)

All parking facilities shall be designed in compliance with Chapter 233, Stormwater Management and Erosion and Sediment Control.

(2)

[1]

Editor's Note: See Ch. 118, Building Code Administration and Enforcement.

Reduction of required number of parking spaces.

(1)

(2)

(3)

All such reserved areas shall be maintained as landscaped grounds until required for parking.

(4)

§ 270-9.4 Signs.

All uses allowed by this chapter, including those allowed by use variance and special use permit, may have signs in accordance with the following specifications:

(1)

Signs required by law.

(2)

Signs of a government or utility company not to exceed 32 square feet.

(3)

Residential signs:

(a)

One sign, not to exceed one square foot, for each dwelling unit.

(b)

One sign, not to exceed 10 square feet for a multifamily dwelling, bed-and-breakfast establishment or bed-and-breakfast home, and Home Occupation Level 2 in addition to a sign for the dwelling unit.

(c)

One sign, not to exceed three square feet, for each Home Occupation Level 1 in addition to a sign for the dwelling unit.

(4)

Table 1
Size, Freestanding: Use Category		Number of Signs	Maximum Square Feet	Maximum Size on Facade	Remarks
a.	Retail business not in shopping center	2	40	25%	Sign on an exterior surface shall not exceed 25% of such area, and may be in addition to the other signs permitted in this category
b.	Retail business in shopping center	1	16	16 square feet
c.	Shopping centers or plazas; manufacturing, assembly or light industrial uses	2	160	20%	For a sign facing a highway, a minimum setback of 30 feet from the highway line is required
d.	Wholesale sales, storage, printing, welding, plumbing, and similar uses; automobile and machinery sales, service, washing and maintenance; commercial indoor recreation; motels, outdoor theater	2	80	20%
e.	Offices and laboratories	1	80	20%
f.	Gasoline stations	2	32	10%	In addition, 2 advertising signs not to exceed 10 square feet are allowed
g.	Camps, clubs, outdoor recreation facilities, schools, churches	2	24
h.	Farm stands	3	16
i.	Manufactured home park	1	32		Alternatively, 1 per manufactured home park entrance with a maximum of 3 signs not to exceed 12 square feet

(5)

(6)

Temporary signs denoting the architect, engineer, or contractor placed on premises where construction, repair, or renovation is in progress: one sign not to exceed 32 square feet.

(7)

Billboards. Billboards are allowed only in the Billboard Overlay District.

[Amended 8-10-2023 by L.L. No. 6-2023]

(8)

Sign illumination.

(1)

(2)

Signs shall be illuminated by a shielded light source, or sources, to restrict the area illuminated to the sign face, and downward.

Advertising letters or symbols on opposite sides of a structure less than one foot thick shall be considered as one sign.

If a sign consists of independent, detached letters or symbols, the area of said sign shall be determined by measuring the area within a polygon enclosing all of such letters or symbols.

No freestanding sign and its structure shall exceed 15 feet in height.

§ 270-9.5 Obstruction to vision.

On any corner lot, no hedge, fence, planting, wall, or structure shall be permitted nearer than 15 feet from the highway lines if such will result in an obstruction to the vision of motorists.

§ 270-9.6 Flight hazard area.

Uses.

(1)

Except as provided herein, all uses may be allowed in the flight hazard area of the Ithaca Tompkins Regional Airport.

(2)

No multifamily dwellings, hospital, nursing home, or place of public assembly shall be allowed in an area designated as a flight hazard area for any private airport or heliport.

§ 270-9.7 Abandoned cellar holes and buildings.

§ 270-9.8 Farm stands.

A farm stand shall be at least 50 feet from the public highway center line.

A farm stand shall provide a safe means of ingress/egress and parking for customers' motor vehicles.

§ 270-9.9 Outdoor storage.

§ 270-9.10 Landscaped buffer requirements for multifamily and nonresidential uses.

(1)

(2)

It shall be at least 20 feet in width, except in conjunction with industrial uses, in which case the buffer strip shall be at least 30 feet in width.

(3)

No site improvements, including parking areas, shall be allowed within 15 feet of the inside edge of any buffer strip.

(4)

A wall or fence of location, height, design and materials approved by the Board may be substituted for part or all of the required planting and buffer area.

(5)

Where the existing topography and/or landscaping provide adequate screening, the Board may waive or modify the planting and/or buffer area requirements.

§ 270-9.11 Exterior lighting.

§ 270-9.12 Use of native species of plants required.

§ 270-9.13 Short-term rentals.

[Added 11-19-2020 by L.L. No. 4-2020]

Short-term rental of a residence or a portion of a residence, meeting all of the following requirements:

(1)

Compliance with all federal, state, county, and local laws, codes, rules and regulations, including but not limited to the New York State Uniform Fire Prevention and Building Code.[1]

[1]

Editor's Note: See Ch. 118, Building Code Administration and Enforcement.

(2)

Permitted short-term rental types.

(a)

(b)

Rental of a secondary self-contained accessory apartment, provided that the owner of the residence is present in the residence during the term of the rental.

(c)

Rental of a room, or portion contained in a residence, provided that the owner of the residence is present in the residence during the term of the rental.

(3)

A short-term rental may not be used by a total that exceeds two adults per bedroom.

Short-term rental registration permit.

(1)

Prior to use of a residence or any part thereof for short-term rental, the owner of the owner of the residence must obtain a registration permit from the Town.

(2)

The owner shall complete a registration form and submit it with a biannual registration permit fee of $90. The registration permit must be renewed every two years.

(3)

Advertising of a property for short-term rental is prohibited absent a valid registration permit.