Marcellus Town City Zoning Code
§ 235-8
R-1 Residential Zone.
[Amended 5-9-2011 by L.L. No. 1-2011; 8-12-2013 by L.L. No. 2-2013; 5-11-2015 by L.L. No. 1-2015; 9-7-2022 by L.L. No. 2-2022; 6-26-2024 by L.L. No. 1-2024; 3-4-2020 by L.L. No. 1-2020; 7-2-2025 by L.L. No. 2-2025]
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.
(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.
(j)
Cemetery: on a lot of five acres or more, provided that:
[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.
(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 2,400 square feet in area.
(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 2,400 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.[1])
[1]
Editor' s Note: The table is included as an attachment to this chapter.