Tully Town City Zoning Code

§ 280-11

Uses requiring special authorization. 1

Applicability. This section contains criteria and standards to be used by the Town Board and/or Planning Board when considering approval of a use listed in Schedule I as requiring special authorization by the Planning Board (SPB) or the Town Board (STB). A special authorization shall be governed by the provisions of this Code and such provisions of the New York State Town Law and case law promulgated thereunder governing special (use) permits. No building permit shall be issued for any land use activity requiring special authorization until the Zoning Officer has determined that the conditions and other requirements set forth in this § 280-11 have been complied with or that a variance thereof has been duly granted.

General requirements. All uses that are subject to special authorization provisions (SPB and STB) shall be subject to the notice provisions of § 280-18 hereof, and require site plan approval from the Planning Board in accordance with § 280-9B of this chapter. In addition, no special authorization shall be granted for any proposed land use activity until there is compliance with applicable requirements specified in Subsection C (SPB) and Subsection D (STB), as these may be modified during review, and upon findings that the proposed activity, as approved, will:

Be consistent with, and not impede, an appropriate goal or objective of the Town Comprehensive Plan.

Be consistent with, and not impede, the lawful use and development of contiguous and neighboring properties and not unreasonably affect their enjoyment and value.

Not create an unreasonable traffic, health or other public hazard or unreasonably burden, or create an excessive demand for, public services.

Be within environmental constraints that are reasonable and predictable as determined by the appropriate SEQR investigation and findings.

Special authorization by the Planning Board (SPB). In addition to the general requirements for special authorization, as set forth in Subsection B, specific requirements for special authorization by the Planning Board for certain land use activities, as set forth below, shall also be applicable.

Dwelling, multifamily, townhouse, retirement housing in R-2 District; Retirement housing in R-1 and R-3 Districts. In R-2 Districts, minimum lot area of 15,000 square feet per dwelling unit is applicable only if it can be demonstrated that an adequate sewage disposal system is to be provided. In other districts, Subsection B shall be applicable.

Church and religious use in A-1 and A-2 Districts is permitted when such use is duly registered in the State of New York.

Retail business benefiting from good highway access in B-1 and IND Districts is permitted when:

Driveways and walkways provide safe access, egress and traffic circulation within the site.

Entrance driveways from public roads are no wider than 50 feet and at least 100 feet apart and adequately marked and lighted.

Opportunities for direct vehicular access to adjacent properties without needing to reenter the highway (service roads, for example) have been examined and evaluated.

No structure is placed closer than 50 feet from any adjacent zone boundary or road right-of-way line. Such setback space shall be appropriately landscaped to separate the commercial businesses from future development in the adjacent zone.

Access drives and parking areas are landscaped to define spaces and provide visual relief from wide expanses of pavement.

Mini-commercial warehouse for self storage in B-1 and IND Districts is permitted when such use is extensively landscaped along front and side boundary lines with a combination of trees, shrubs or earth berms.

Commercial animal facility in A-1, A-2 and IND Districts is permitted when such facility is designed and operated so that it does not produce excessive noise and odors that adversely affect adjoining properties.

Motel in B-1 and IND Districts is permitted when:

No building is located less than 50 feet from an existing residential lot and no off-street parking is located less than 25 feet from a front right-of-way line.

Access driveways intersect public roads at approximately 90° and are located no less than 150 feet from the intersection of two right-of-way lines of public roads.

Landscaping is provided along road frontages and around parking areas.

Bed-and-breakfast in A-1, A-2, R-1, R-2 and R-3 Districts is permitted when:

Off-street parking is located and designed in a manner that is consistent with the visual character of the adjacent neighborhood.

Access drives intersect public roads at approximately 90° and are located no less than 50 feet from the intersection of two right-of-way lines of public roads.

Landscaping is provided around parking areas.

Nursery school in A-1, A-2, R-1 and R-2 Districts is permitted when applicable regulations of New York State can be complied with.

Drive-in or drive-through business in B-1 District is permitted when entrance and exit routes to service windows are clearly marked, safe and adequate stacking space is provided and landscaping along property lines is provided.

Off-site parking facility in all districts is permitted when:

Access and exit driveways are clearly defined and no less than 150 feet from the intersection of two right-of-way lines of public roads.

Landscaping is provided along lot lines and as needed to define parking spaces and access and egress routes thereto.

Special authorization by the Town Board (STB). In addition to the general requirements for special authorization set forth in Subsection B, specific requirements for special authorization by the Town Board (STB) for certain land use activities, as specified in Schedule I,[2] shall also be applicable. The Town Board may also require any information or establish performance standards or additional performance standards that it believes are consistent with the Comprehensive Plan and in the best interest of the Town of Tully.

Planning Board report. No decision shall be made on any application for special authorization by the Town Board until the Planning Board has reviewed the application and has, as it deems appropriate, filed an advisory report on the proposed land use, or 60 days have passed since the filing of the application, after which sixty-day time period a decision by the Town Board may be made.

Accessory dwelling units in A-1, A-2, R-1, R-2 and R-3 Districts are permitted subject to and in accordance with the provisions of § 280-9G.

[Amended 5-15-2008 by L.L. No. 4-2008]

Truck or motor freight terminal in IND District is permitted when:

Front yards as required by Schedule II[3] are landscaped and not used for parking or storage of trucks or other commercial vehicles.

Editor's Note: Schedule II is included at the end of this chapter.

Outside storage of containers, equipment and similar material is located so as to minimize visual impact from adjacent public roads.

Scientific research laboratory in B-1 and IND Districts is permitted when:

There is no employee parking in any front yard required by Schedule II.

Landscaping in the form of trees, shrubs, earth mounds and similar natural features is provided.

Any waste material related to such activity is disposed of in a manner approved by the Onondaga County Health Department.

There will be no objectionable noise or smells noticeable on adjoining properties.

Telecommunications tower. The intent of these regulations is to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and aesthetic character of the Town. These regulations are not intended to have the effect of prohibiting the provision of personal wireless services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

Application.

No telecommunication tower shall hereafter be used, erected or changed in any way until approved by special authorization from the Town Board as required by this chapter (See Schedule I.) No existing structure shall be modified for use as a telecommunications tower unless in conformity with these regulations.

Antennas and accessory equipment related thereto, other than towers, are permitted in all use districts, provided they are placed on existing structures 30 feet or more in height, other than one- and two-family dwellings.

Where these regulations conflict with other regulations of the Town of Tully, the more restrictive shall apply, except for tower height restriction which is to be governed by special standards in this Subsection D(5).

Regulations.

No telecommunications tower shall hereafter be used, erected, moved, reconstructed or altered except in conformity with terms and conditions of a special authorization by the Town Board. No existing structure shall be modified to serve as a tower unless in conformity with such terms and conditions.

Antennas and accessory equipment related thereto, other than towers, are permitted in all districts except R-2 and R-3 Residential Districts.

Special standards.

Site plan. An applicant shall be required to submit a site plan in accordance with § 280-9B(3) and (4) of this chapter and including documentation on the proposed intent and capacity or use as well as justification for the proposed height of any tower or antenna and for any land or vegetation clearing required.

In addition to applicable environmental impact requirements of § 280-9B(4), the applicant shall provide a visual environmental assessment with particular attention to visibility issues from key viewpoints within and outside the Town as identified in the visual EAF. The Town Board may require a more detailed visual analysis based on the results of the visual EAF. All tower and accessory facilities shall be sited to have the least practical adverse impact on the environment.

Shared use of existing towers or other existing structures is preferred to the construction of new towers and shall be considered. An applicant shall present a detailed inventory of existing towers within a reasonable distance of the proposed site and analyzing opportunities for shared use of an existing structure as an alternative to new construction. Written requests for shared use, and responses thereto, shall be provided. A document of intent-to-share from an existing tower owner shall be provided by the applicant.

The Town Board may require additional setbacks adequate to contain ice-fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.

Towers shall not be artificially lighted except to assure human safety and as required by the Federal Aviation Administration (FAA). Structures offering slender silhouettes and painted to blend into the natural surroundings are preferable in most cases. Towers should be designed and sited so as to avoid, whenever possible, FAA lighting and painting requirements.

Existing on-site vegetation shall be preserved to the maximum extent possible. Tree plantings may be required to screen portions of the tower from nearby residential and public property, including roads.

A suitable road and parking as necessary will be provided to assure emergency and service access.

Conditions. The Town Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to the proposed telecommunications tower.

Removal upon abandonment. The owner of any telecommunications tower or antenna shall remove such tower/antenna and related facilities if it becomes obsolete or ceases to be used for its intended purpose for a period of 12 months, and a demolition bond or other security suitable to the Town for removing such facilities may be required.

Utility structure in all districts are permitted when:

It is determined that the design and construction of said structure is largely compatible with the surrounding area.

Trees, shrubs and other forms of landscaping are placed around the structure.

Adult-oriented business in I District. Permitted when such businesses are established in accordance with Chapter 85, the Town of Tully Adult Use Entertainment Local Law.

Editor's Note: Schedule I is included at the end of this chapter.

Editor's Note: For further information, see § 280-11.3I and J.

Tully Town City Zoning Code

§ 280-11

Uses requiring special authorization. 1

Applicability. This section contains criteria and standards to be used by the Town Board and/or Planning Board when considering approval of a use listed in Schedule I as requiring special authorization by the Planning Board (SPB) or the Town Board (STB). A special authorization shall be governed by the provisions of this Code and such provisions of the New York State Town Law and case law promulgated thereunder governing special (use) permits. No building permit shall be issued for any land use activity requiring special authorization until the Zoning Officer has determined that the conditions and other requirements set forth in this § 280-11 have been complied with or that a variance thereof has been duly granted.

General requirements. All uses that are subject to special authorization provisions (SPB and STB) shall be subject to the notice provisions of § 280-18 hereof, and require site plan approval from the Planning Board in accordance with § 280-9B of this chapter. In addition, no special authorization shall be granted for any proposed land use activity until there is compliance with applicable requirements specified in Subsection C (SPB) and Subsection D (STB), as these may be modified during review, and upon findings that the proposed activity, as approved, will:

Be consistent with, and not impede, an appropriate goal or objective of the Town Comprehensive Plan.

Be consistent with, and not impede, the lawful use and development of contiguous and neighboring properties and not unreasonably affect their enjoyment and value.

Not create an unreasonable traffic, health or other public hazard or unreasonably burden, or create an excessive demand for, public services.

Be within environmental constraints that are reasonable and predictable as determined by the appropriate SEQR investigation and findings.

Special authorization by the Planning Board (SPB). In addition to the general requirements for special authorization, as set forth in Subsection B, specific requirements for special authorization by the Planning Board for certain land use activities, as set forth below, shall also be applicable.

Dwelling, multifamily, townhouse, retirement housing in R-2 District; Retirement housing in R-1 and R-3 Districts. In R-2 Districts, minimum lot area of 15,000 square feet per dwelling unit is applicable only if it can be demonstrated that an adequate sewage disposal system is to be provided. In other districts, Subsection B shall be applicable.

Church and religious use in A-1 and A-2 Districts is permitted when such use is duly registered in the State of New York.

Retail business benefiting from good highway access in B-1 and IND Districts is permitted when:

Driveways and walkways provide safe access, egress and traffic circulation within the site.

Entrance driveways from public roads are no wider than 50 feet and at least 100 feet apart and adequately marked and lighted.

Opportunities for direct vehicular access to adjacent properties without needing to reenter the highway (service roads, for example) have been examined and evaluated.

No structure is placed closer than 50 feet from any adjacent zone boundary or road right-of-way line. Such setback space shall be appropriately landscaped to separate the commercial businesses from future development in the adjacent zone.

Access drives and parking areas are landscaped to define spaces and provide visual relief from wide expanses of pavement.

Mini-commercial warehouse for self storage in B-1 and IND Districts is permitted when such use is extensively landscaped along front and side boundary lines with a combination of trees, shrubs or earth berms.

Commercial animal facility in A-1, A-2 and IND Districts is permitted when such facility is designed and operated so that it does not produce excessive noise and odors that adversely affect adjoining properties.

Motel in B-1 and IND Districts is permitted when:

No building is located less than 50 feet from an existing residential lot and no off-street parking is located less than 25 feet from a front right-of-way line.

Access driveways intersect public roads at approximately 90° and are located no less than 150 feet from the intersection of two right-of-way lines of public roads.

Landscaping is provided along road frontages and around parking areas.

Bed-and-breakfast in A-1, A-2, R-1, R-2 and R-3 Districts is permitted when:

Off-street parking is located and designed in a manner that is consistent with the visual character of the adjacent neighborhood.

Access drives intersect public roads at approximately 90° and are located no less than 50 feet from the intersection of two right-of-way lines of public roads.

Landscaping is provided around parking areas.

Nursery school in A-1, A-2, R-1 and R-2 Districts is permitted when applicable regulations of New York State can be complied with.

Drive-in or drive-through business in B-1 District is permitted when entrance and exit routes to service windows are clearly marked, safe and adequate stacking space is provided and landscaping along property lines is provided.

Off-site parking facility in all districts is permitted when:

Access and exit driveways are clearly defined and no less than 150 feet from the intersection of two right-of-way lines of public roads.

Landscaping is provided along lot lines and as needed to define parking spaces and access and egress routes thereto.

Special authorization by the Town Board (STB). In addition to the general requirements for special authorization set forth in Subsection B, specific requirements for special authorization by the Town Board (STB) for certain land use activities, as specified in Schedule I,[2] shall also be applicable. The Town Board may also require any information or establish performance standards or additional performance standards that it believes are consistent with the Comprehensive Plan and in the best interest of the Town of Tully.

Planning Board report. No decision shall be made on any application for special authorization by the Town Board until the Planning Board has reviewed the application and has, as it deems appropriate, filed an advisory report on the proposed land use, or 60 days have passed since the filing of the application, after which sixty-day time period a decision by the Town Board may be made.

Accessory dwelling units in A-1, A-2, R-1, R-2 and R-3 Districts are permitted subject to and in accordance with the provisions of § 280-9G.

[Amended 5-15-2008 by L.L. No. 4-2008]

Truck or motor freight terminal in IND District is permitted when:

Front yards as required by Schedule II[3] are landscaped and not used for parking or storage of trucks or other commercial vehicles.

Editor's Note: Schedule II is included at the end of this chapter.

Outside storage of containers, equipment and similar material is located so as to minimize visual impact from adjacent public roads.

Scientific research laboratory in B-1 and IND Districts is permitted when:

There is no employee parking in any front yard required by Schedule II.

Landscaping in the form of trees, shrubs, earth mounds and similar natural features is provided.

Any waste material related to such activity is disposed of in a manner approved by the Onondaga County Health Department.

There will be no objectionable noise or smells noticeable on adjoining properties.

Telecommunications tower. The intent of these regulations is to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and aesthetic character of the Town. These regulations are not intended to have the effect of prohibiting the provision of personal wireless services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

Application.

No telecommunication tower shall hereafter be used, erected or changed in any way until approved by special authorization from the Town Board as required by this chapter (See Schedule I.) No existing structure shall be modified for use as a telecommunications tower unless in conformity with these regulations.

Antennas and accessory equipment related thereto, other than towers, are permitted in all use districts, provided they are placed on existing structures 30 feet or more in height, other than one- and two-family dwellings.

Where these regulations conflict with other regulations of the Town of Tully, the more restrictive shall apply, except for tower height restriction which is to be governed by special standards in this Subsection D(5).

Regulations.

No telecommunications tower shall hereafter be used, erected, moved, reconstructed or altered except in conformity with terms and conditions of a special authorization by the Town Board. No existing structure shall be modified to serve as a tower unless in conformity with such terms and conditions.

Antennas and accessory equipment related thereto, other than towers, are permitted in all districts except R-2 and R-3 Residential Districts.

Special standards.

Site plan. An applicant shall be required to submit a site plan in accordance with § 280-9B(3) and (4) of this chapter and including documentation on the proposed intent and capacity or use as well as justification for the proposed height of any tower or antenna and for any land or vegetation clearing required.

In addition to applicable environmental impact requirements of § 280-9B(4), the applicant shall provide a visual environmental assessment with particular attention to visibility issues from key viewpoints within and outside the Town as identified in the visual EAF. The Town Board may require a more detailed visual analysis based on the results of the visual EAF. All tower and accessory facilities shall be sited to have the least practical adverse impact on the environment.

Shared use of existing towers or other existing structures is preferred to the construction of new towers and shall be considered. An applicant shall present a detailed inventory of existing towers within a reasonable distance of the proposed site and analyzing opportunities for shared use of an existing structure as an alternative to new construction. Written requests for shared use, and responses thereto, shall be provided. A document of intent-to-share from an existing tower owner shall be provided by the applicant.

The Town Board may require additional setbacks adequate to contain ice-fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.

Towers shall not be artificially lighted except to assure human safety and as required by the Federal Aviation Administration (FAA). Structures offering slender silhouettes and painted to blend into the natural surroundings are preferable in most cases. Towers should be designed and sited so as to avoid, whenever possible, FAA lighting and painting requirements.

Existing on-site vegetation shall be preserved to the maximum extent possible. Tree plantings may be required to screen portions of the tower from nearby residential and public property, including roads.

A suitable road and parking as necessary will be provided to assure emergency and service access.

Conditions. The Town Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to the proposed telecommunications tower.

Removal upon abandonment. The owner of any telecommunications tower or antenna shall remove such tower/antenna and related facilities if it becomes obsolete or ceases to be used for its intended purpose for a period of 12 months, and a demolition bond or other security suitable to the Town for removing such facilities may be required.

Utility structure in all districts are permitted when:

It is determined that the design and construction of said structure is largely compatible with the surrounding area.

Trees, shrubs and other forms of landscaping are placed around the structure.

Adult-oriented business in I District. Permitted when such businesses are established in accordance with Chapter 85, the Town of Tully Adult Use Entertainment Local Law.

Editor's Note: Schedule I is included at the end of this chapter.

Editor's Note: For further information, see § 280-11.3I and J.