As used in this local law,[1] the term access shall mean the rights to ingress and egress to and from a shoreline lot, regardless of whether access to the shoreline lot is gained by easement, ownership in fee, common or joint ownership, lease, license, or any other means.

A building located on the same lot as a principal building but clearly subordinate to the principal building and used for purposes that are related but incidental to those of the principal building.

A use of land or a building or a portion thereof that is customarily subordinate and incidental to the principal use of the land or building and located on the same lot as the principal use.

Residential facilities for adults where minimal medical care is provided on a twenty-four-hour basis for persons who are unable to live independently. Such land use includes an adult-care facility as defined in the New York State Social Services Law and which maintains a valid operating permit from NYS or the Onondaga County Department of Social Services. An adult residential care facility also includes retirement homes and communities which provide residences for the elderly with some supportive services. (See also "retirement community.")

As defined in Chapter 85, Adult Uses.

A parcel of land that is used in the raising of agricultural products such as crops, livestock, poultry and dairy products and meeting the minimum standards for farming operations as established by the State Agriculture and Markets Law. A farm includes structures necessary to the production, storage, maintenance and care of agricultural products and equipment. A farm.

As applied to buildings or structures, a change or rearrangement in the structural parts or in existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or moving from one location to another.

A system of electrical conductors that transmits or receives 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 range from 10 hertz to 300,000 megahertz.

Light that produces over 1,800 lumens including, but not limited to, streetlights, parking lot lights and yard lights.

Any lot which does not abut the shoreline of an inland lake or body of water and is contiguous with the shoreline lot. Lake access is not allowed to backlots that are not contiguous with any shoreline lot.

That habitable space of a building that is partly below grade and has six feet or more of its height, on average, above the finished grade around the building. (See also "story.")

An owner-occupied, one-unit dwelling within which overnight accommodations are provided for transient guests in compliance with the NYS Uniform Building Code, and generally including the serving of breakfast to guests.

Any river, lake or pond located in the Town of Tully, including but not limited to Song Lake, Tully Lake, Tracy Lake, Green Lake and/or Crooked Lake and any other body of water which may be subject to shoreline development.

A strip of land generally adjacent to a property line, on which a screen of landscaping that will be dense enough and high enough to be a visual buffer is installed and maintained by the property owner.

A commercial activity characterized by the production of goods, by the fabrication of raw materials or the assembly of parts, generally through the use of machinery, for the main purpose of off-premises sale to other manufacturers or nonretail purchasers.

A commercial activity characterized by the direct sale of goods and services to the final consumer, including financial institutions, business and professional offices and services, eating establishments and places of amusement and recreation.

A commercial activity characterized by the bulk sale of merchandise to retail, manufacturing, institutional or other wholesaling establishments, including on-premises storage and distribution facilities.

A building designed for seasonal occupancy and not suitable for year-around living, whether or not such building is actually occupied seasonally or otherwise.

Land for the burial or interment of the dead and dedicated for these purposes, including columbariums, crematories, mausoleums, places of worship and other accessory structures situated within the boundary of the cemetery.

A building or space for public worship and used by an organization that is registered by the State of New York.

The subdivision of an area into lots that are smaller than would normally be permitted in the district where such lots are located, but where the density of development is no greater than would be permitted in the district by conventional development, and where the residual land produced by the smaller lot size is preserved as undeveloped land or common recreation space.

A facility providing for the housing, care, treatment, breeding and sale of dogs, cats and similar small animals. This definition does not include commercial pet shops that do not have outside animal runs or the keeping and occasional sale of pets, when incidental to a residential use.

A facility under the direct supervision of a charitable, religious, social service or similar organization designed primarily to provide a meeting place for purposes of education, training, counseling, recreation or similar pursuits, including social facilities incidental to them but excluding private clubs, golf courses, schools or retail businesses.

An extended or intermediate care facility licensed by the State of New York to provide full-time convalescent or chronic care to individuals who are not able to care for themselves. A skilled nursing facility; a nursing home.

A small commercial activity that may offer for sale convenience goods, beverages, sundries and motor fuel.

An activity providing for a program of daily care and supervision of seven or more minors, such as nurseries, preschool programs and day-care centers, but excluding a group residence.

A platform extending out from or near the shoreline into the water.

A commercial establishment that permits customers to obtain goods or services while remaining in their vehicles.[2]

A single-family dwelling that meets all applicable New York State building codes and is constructed by a method of construction whereby the basic structure or its components are wholly, or in substantial part, manufactured in a remote facility. A factory-manufactured dwelling does not have a hitch or wheels and is designed to be transported by truck to a lot for assembly and permanent installation on a foundation. For purposes of this chapter, a mobile dwelling as defined herein, whether single-wide or double-wide is not a factory-manufactured dwelling.

A single-family dwelling transportable on its own chassis and wheels, installed on its own wheels or on rigid supports and designed to be towed from one site to another. For purposes of this chapter, a HUD-approved double-wide manufactured home shall not be considered a mobile home.

A structure containing three or more dwelling units and no other principal uses.

A structure containing one dwelling unit and no other principal uses.

A building containing a group of three or more attached single-family dwelling units each of which extends from foundation to roof and has one or two sidewalls in common with sidewalls of the abutting unit.

A structure containing two dwelling units and no other principal uses.

An area within a structure intended and designed as a self-contained unit for occupancy as a residence by not more than one family and which has direct access from its exterior or through a common hall or entrance, and which generally includes kitchen, bathroom, dining, sleeping and related facilities required for human habitation.

A temporary or permanent habitable living unit added to, created within or detached from a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation, subject and pursuant to the provisions of § 280-9G of the Code.

One or more persons living together as a single housekeeping unit in the manner of persons related by blood, marriage or adoption.

An area of land so designated in any flood hazard regulations of the Town.

The sum of the gross horizontal areas of all floors of a structure measured from the center line of walls separating two structures.

An establishment with facilities for preparation of the dead for burial or cremation, for the viewing of the body and for observances held for a dead person incidental to burial or cremation.

A building, premises or portions thereof arranged, intended or designed to be used for the sale of any type of vehicular motor fuel and which may also include areas or structures for polishing, greasing, washing, repairing, or otherwise servicing motor vehicles. A junkyard or salvage yard is not to be construed as a service or repair garage.

A carport or enclosed building generally provided for use by the inhabitants of a residential building.

Intense light that results in distraction, discomfort and/or a reduction of visual performance and visibility.

Any building or structure in which light, humidity and temperature can be controlled for the growing and protection of flowers and other plants.

A structure designed or used exclusively as a place of residence or domicile by one or more persons, including required supervisory personnel, in which the residential quarters are an integral component of a recognized program of rehabilitation or custodial supervision or care.

A structure or site so designated in any historical preservation and protection regulations adopted by the Town of Tully.

A nonresidential activity that is carried on entirely within a dwelling by one or more members of the family residing in the dwelling and is clearly secondary to the use of the dwelling as a residence, and which meets the performance standards set forth in this chapter.

Song Lake, Tully Lake, Tracy Lake, Green Lake and/or Crooked Lake and any other body of water which may be subject to shoreline development.

Any wastepaper, rags, scrap metal and other scrap, tires, junked vehicles or parts therefrom, reclaimable materials or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, bailing, disposal or other use or disposition.

Any premises, including structures, cages and runs, wherein are harbored more than four domestic animals that are at least four months old and are not owned by the property owner or lessee, for boarding, breeding, grooming, training, or selling.

The development or use of one or more backlots which includes access to the shoreline of an inland lake or body of water through one or more shoreline lots.

Any adverse effect of man-made light including, but not limited to, light trespass and uplighting.

Light falling where it is not wanted or needed, generally caused by a light on a property that shines or glares onto the property of others.

An area contained within lot lines shown on a recorded subdivision map or similar document or described in a deed recorded prior to the adoption of any previous zoning or subdivision law.

Any change in the dimensions or orientation of lot lines not resulting in or constituting subdivision or resubdivision.

A lot expressed in terms of square units of measure derived by viewing the lot as a level surface.

The percentage of a lot covered by the ground level area of a building, excluding terraces, decks and porches that are not enclosed or covered by a roof.

The mean distance from the front lot line to its opposite rear line measured along the approximate median between two side lines.

A lot line coincidental with the line of a street, sidewalk, or other public right-of-way. Where such line is described as being within the boundaries of a public right-of-way, the most interior boundary of such right-of-way shall be construed to be the front lot line. Where two public rights-of-way intersect, a lot line coinciding with the boundary of either right-of-way may be used as the front lot line for development purposes.

A lot that, at minimum, meets the area requirements of this chapter and is connected to a public road right-of-way by a strip of land at least 25 feet wide and containing a private access drive.

The complete lighting unit, including the lamp, the fixture and other parts.

A facility for the treatment of illness, disease and injury, providing in-patient or out-patient accommodations, including what are commonly termed clinics, diagnostic centers, neighborhood health centers and hospitals (unless the treatment facilities are accessory only), but excluding a group residence.

A commercial activity, other than salt mining, characterized by the extraction of surface and subsurface material, including quarrying, strip mining or extraction or exploration of mineral resources.

Commercial extraction of sodium chloride carried out as a pre-existing, nonconforming use until December 31, 2035.

A building existing on the date of adoption of this chapter, as amended, that does not meet the size, dimension or location requirements of the zoning district in which it is located.

A lot of record existing on the date of adoption of this chapter, as amended, that does not meet the minimum area or dimension requirements of the zoning district in which it is located.

Use of a building or land existing at the date of adoption of this chapter, as amended, that does not conform to the use regulations of the zoning district in which it is located.

An activity designed to provide daytime care or instruction for five or more children, generally from two to five years of age, which is open on a regular basis.

Occupancy or use of a structure, building or area, for only part of a year, usually for a period that does not exceed six months, total or cumulative, in any calendar year.

Lot area minus lot coverage.

A facility designed exclusively for the parking of automobiles which is accessory to one or more principal uses not situated on the same lot, which is not otherwise permitted by this chapter and which does not constitute a commercial parking lot or garage.

A land use officially designated as a place of public recreation or open space, including parks, playgrounds, squares, plazas, tot lots and similar uses.

An agreement whereby provision for the location of parking facilities is made available where the land use activity for which such facilities are to be accessory is not under the same ownership or control as the parking facilities. The agreement must provide that the Town of Tully is a beneficial party.

An area for the temporary parking of motor vehicles and which has at least 10 feet of width, 20 feet of length and seven feet of clear height, together with adequate provision for maneuvering and access thereto.

A parcel of at least five acres in area, in one ownership, designed as a single unit providing a street system and water and sewer facilities as necessary, and used primarily for residential purposes but may also be used for special commercial or industrial development or a combination of residential types and commercial or industrial development.

A structure and related facilities of a recognized membership organization designed and used exclusively for the social and recreation activities of its members.

A structure or space, including a park, used to accommodate the general public as part of regular services or special events, commercial or otherwise, such as a theater or social center, but excluding a use involving restricted membership.

The established boundary lines of a street, sidewalk, alley or similar thoroughfare defining the corridors for vehicular and pedestrian traffic and used by the general public.

A place of worship, such as a church, temple or synagogue, registered in the State of New York, together with other structures and uses that are customarily and clearly incidental to it in the service of a local parish.

Self-contained housing development designed for, and marketed to, older people, and providing minimal services.

An accessory structure designed and used exclusively for the sale of produce and products grown or fabricated on the premises.

A place of instruction certified by the New York State Board of Regents which is devoted primarily to academic instruction and offering a curriculum of study which is in sufficient compliance with the education laws of the State of New York. This term includes day-care facilities, nursery schools, kindergarten and similar preschool or pregrade programs when accessory to the principal school use.

A permanent barrier, any portion of which is situated above grade, composed of any material except natural vegetation, including walls, fences, screens and similar structures. (See "buffer strip.")

The line where land and water meet.

The shoreline frontage of a lot shall be construed to be that portion of the lot that runs along the shoreline, as measured at the ordinary high water mark.

Any lot located on the shoreline of an inland lake or body of water.

Anything composed of parts, arranged together in some way, to be built or constructed on the shoreline.

Any structure, display, device or representation that is 64 square feet in area, or less, and designed or used to advertise or call public attention to any thing, product, person, business, activity, event, undertaking or place and visible from any road right-of-way. The flag or pennant of any nation, state or municipality shall not be considered a sign.

Any sign illuminated by electricity, gas or other artificial light, including but not limited to reflective or phosphorescent light originating from within the sign or from outside or behind the body of the sign.

A plan for the proposed development or use of a parcel of land that is prepared and presented for site plan review pursuant to applicable provisions of this chapter.

Review and approval from the Town Board or Planning Board for specific land use activities as set forth in Schedule I of this chapter.[3]

Conditions and standards applicable to certain uses listed in Schedule I of this chapter as "SC" which conditions and standards must be complied with before a permit can be issued by the Zoning Administrator.

A facility in which horses are boarded or trained for a fee or are kept and made available for hire, sale or other type of remunerative activity.

A portion of a building which is between one floor level and the next higher floor level or the roof. A basement shall be deemed to be a story when its ceiling is six feet or more above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and without human occupancy.

Any receptacle for water having a depth at any point of more than two feet, or a surface area exceeding 250 square feet, that is intended for recreational purposes, and including all appurtenant decks, walks and equipment constructed, installed or maintained in or above the ground outside the principal structure to which the pool is accessory, or as defined under New York State Law or regulations/codes promulgated thereunder.

Anything constructed, erected or installed, the use of which requires a temporary or permanent location on, above or below the surface of land or water.

The average vertical distance from the ground outside the foundation wall to the level of a flat roof, or to the average height of a pitched, gabled, hip, or gambrel roof, excluding chimneys, bulkheads, penthouses, and other constructions enclosing equipment or stairs.

A structure on which transmitting and/or receiving antenna(s) are located.

Structures used to provide utility services, and as power substations, transmission towers, pumping stations, underground and overhead installations and related facilities. Utility structures, however, shall not include renewable energy facilities, including without limitation, wind or solar energy facilities such as are or as shall be provided for under separate sections of Chapter 280 [including § 280-11.2 (for wind energy systems)].

Written authority to deviate from any regulations of this chapter, said authority to be obtained from, or denied by, the Zoning Board of Appeals in accordance with state law and applicable provisions of this chapter.

Authorization by the Zoning Board of Appeals to use land in a manner that would not otherwise be allowed because of dimensional or physical requirements and regulations set forth in Schedule II[5] or other applicable regulations of this chapter.

Authorization by the Zoning Board of Appeals for the use of land or a building that is otherwise not allowed or is prohibited by the provisions of Schedule I or other applicable regulations of this chapter, and meeting applicable criteria of state law.

The shortest distance between side lot lines at high water mark.

Lot area bounded by the road right-of-way, side lot lines and a line parallel to the road right-of-way a distance equal to the required front yard. Front yard depth shall be measured between the road right-of-way and the building line.

Lot area bounded by rear and side lot lines and a line parallel to the rear lot line a distance equal to the required rear line.

Lot area situated between front and rear yard areas, a side lot line and a line parallel to the side line at a distance equal to the required side yard.

The person appointed by the Town Board to administer this Zoning Chapter.

This chapter (as referred to herein). The Zoning Code is also referred to as the "Zoning Code of the Town of Tully" and "this chapter."