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