Tully Town City Zoning Code
§ 280-9
Supplementary regulations.
A.
Intent. The intent of this section is to set forth regulations, requirements and procedures for certain areas, land uses and development activities in the Town of Tully that could have potentially large impacts on their surroundings, on the environment and on the value of adjacent land. Such development activities are subject to review and the application of specific standards to minimize adverse impacts.
B.
Site plan review. The intent of site plan review provisions is to provide for Planning Board review and approval of site plans for certain uses in the Town of Tully. Site plan review provisions are intended to promote the health, safety and welfare of the Town and to ensure the optimum conservation, protection, preservation, development and use of the natural and man-made resources of the Town. Site plan review procedures will also be used to mitigate potentially negative impacts of new development on adjacent land and to conserve property values and visual quality as development occurs in the Town.[1]
(1)
Applicability.
(a)
All land use activities authorized by Schedule I[2] of this chapter shall require site plan review except the following:
[1]
Construction of a one- or two-family dwelling along with accessory structures and related land use activities.
[2]
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this section.
[3]
Ordinary repair or maintenance or interior alterations to existing structures or uses.
[4]
Exterior alterations or additions to existing structures that would not increase square footage of the existing structure by more than 10%, and with a value less than $20,000.
[5]
Agricultural or gardening uses.
[6]
Signs under 12 square feet.
[7]
The sale of agricultural products and temporary structures related to sale of agricultural products. See also § 280-10B(2).
[8]
Garage, yard and porch sales not exceeding three days in duration, except that site plan approval will be required if such sales take place more that three times in any calendar year.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
(b)
Any person uncertain of the applicability of this section of the chapter to a given land use activity may apply in writing to the Planning Board for a written jurisdictional determination. In addition to the foregoing authorization, the Planning Board may assume limited jurisdiction over and make recommendations on any matter otherwise subject to site plan review that is first required to be before the Zoning Board of Appeals on a variance request, or on any matter relative to a residential construction on lakefront property. The foregoing recommendation role shall be advisory in nature and is not mandatory and may be made before or after a public hearing is held by the Zoning Board of Appeals.
(2)
Procedures; generally. Prior to undertaking any new land use activity except those specifically exempted in Subsection B(1), above, site plan review by the Planning Board is required. Applicants for site plan approval must follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter and NYS Town Law § 274-a.
(3)
Sketch plan conference.
(a)
A sketch plan conference between the Planning Board and the applicant shall be held prior to the preparation and submission of a formal application for site plan review. The intent of such a conference is to enable the applicant to inform the Planning Board of the proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concepts, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. To accomplish these objectives the applicant should provide the following prior to the sketch plan conference:
[1]
A written narrative statement and sketch showing the location and dimensions of principal and accessory structures with setbacks, parking areas, proposed signs, proposed site lighting, existing and proposed vegetation and other planned features; anticipated changes in existing topography and other natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;
[2]
An area map showing the parcel under consideration for site plan review, and all properties, structures, subdivisions, streets, rights-of-way, easements and other pertinent features within 500 feet of the parcel being reviewed;
[3]
A topographic or contour map of adequate scale and detail to show site topography, including the location of all lakes, ponds, streams and wetlands; and
[4]
An aerial photograph of the general area of the parcel under consideration.
(b)
If requested by the applicant, the Planning Board may waive or modify any or all of the sketch plan review requirements.
(4)
Application requirements.
(a)
An application for site plan approval shall be made in writing to the Zoning Administrator or the Chairperson of the Planning Board and shall be accompanied by information contained on the following checklist as modified by the sketch plan conference.
[1]
Title of drawing including name, address and telephone number of the applicant and the person responsible for preparation of such drawings, North arrow, scale and date;
[2]
Boundaries of the property drawn to scale and showing existing building;
[3]
Grading and drainage plan showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses;
[4]
Location, design and type of construction of all parking and truck-loading areas, showing access and egress;
[5]
Provisions for pedestrian access, including handicapped accessibility;
[6]
Location of outdoor storage, if any;
[7]
Location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences;
[8]
Description of the method of sewage disposal and location, design and construction materials of such facilities;
[9]
Description of the method of securing potable water and location, design and construction materials of such facilities;
[10]
Location of fire and other emergency zones, including the location of fire hydrants and holding ponds, if appropriate;
[11]
Location, design and construction materials of all distribution facilities, including electrical, gas and solar energy;
[12]
Location, size, design and type of construction of all proposed signs;
[13]
Location and proposed alteration and development of all buffer areas, including existing vegetative cover;
[14]
Location, design and operating characteristics of all outdoor lighting facilities including proposed lighting fixtures to be used;
[15]
Identification of the location, specified use, and amount of building area proposed for retail sales or similar commercial activity;
[16]
General landscaping plan and planting schedule;
[17]
An estimated project construction schedule;
[18]
Identification of, record of application for, and status of any permits from other governmental bodies required for the project's execution; and
[19]
Any other elements integral to the proposed project, including appropriate SEQR assessments, as may be considered necessary by the Planning Board.
(b)
The Planning Board may, if requested in writing from the applicant, or on its own volition, waive or modify any of the above site plan requirements.
(5)
Review standards; general considerations. The Planning Board's review of the proposed project and the site plan shall include, as appropriate, but is not limited to, the following general considerations:
(a)
Location, arrangement, size, design and general compatibility of buildings.
(b)
Illumination sources and light distribution characteristics of proposed site and building lighting.
(c)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls. Impermeable surface coverage shall be minimized.
(d)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(e)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(f)
Location, arrangement, size, design and general neighborhood compatibility of any proposed signs.
(g)
Adequacy of stormwater and drainage facilities. Impermeable surface coverage shall be minimized.
(h)
Adequacy of water supply and sewage disposal facilities.
(i)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual, noise and glare buffer between the applicant's and adjoining land, including the maximum retention of existing vegetation.
(j)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants and holding ponds, if appropriate.
(k)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas susceptible to ponding, flooding and/or erosion.
(l)
Overall neighborhood impact, including compatibility of design considerations and the impact of development on existing topography and on ambient noise and light levels.
(6)
Specific standards and considerations. The following specific standards shall apply in conjunction with the subject uses or in the designated areas.
(a)
Lakefront standards and conditions.
[1]
All construction on any shoreline lot shall be carried out in such manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground and surface water into the waterway, to remove only vegetation that is necessary to the accomplishment of the project, to avoid nuisance conditions related to glare and noise and to generally maintain the existing aesthetic and ecological character of the shoreline.
[2]
No on-site sewage tile fields or seepage pits shall be located within 100 feet of any shoreline, and no septic or other holding tank shall be located within 50 feet of any shoreline, as measured from the normal high-water mark of the water body.
[3]
Any paved or otherwise improved parking, loading or service areas within 100 feet of any shoreline shall be designed and constructed so as to direct surface runoff away from the waterway and to prohibit chemical pollutants from entering the waterway.
(7)
Public hearing and Planning Board decision.
(a)
Public hearing. The Planning Board may conduct a public hearing on the site plan if that is considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of a completed application for site plan review and shall be advertised in a newspaper of general circulation within the Town at least five days before the hearing.
(b)
Planning Board decision. Within 62 days of receipt of a completed application for site plan approval or, if a public hearing is held, within 62 days of the public hearing, the Planning Board shall approve, approve with modification or disapprove the site plan as set forth below. The time period within which the Planning Board must make its decision may be extended by mutual consent of the applicant and the Planning Board.
[1]
Approval. Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Town Clerk and mail a copy to the applicant.
[2]
Approval with modification. The Planning Board may conditionally approve the final site plan. A copy of the written statement containing the modifications required by the conditional approval will be mailed to the applicant. After satisfactory demonstration to the Planning Board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall immediately file the approved site plan and a written statement of approval with the Town Clerk with a copy to the applicant.
[3]
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant, along with the Planning Board's reasons for disapproval.
(8)
Integration of procedures. Whenever the circumstances of proposed development require compliance with these site plan review and with any other local law or other legal requirements of or governing the Town, including amendments to such laws, the Planning Board shall integrate, as appropriate, the site plan review procedures of this section with the procedures and submission requirements for such other compliance, including State Environmental Review Requirements (SEQRA).
C.
Wetlands. Notwithstanding other provision of this chapter, and particularly Schedule I, to the contrary, construction or any other development on any land in the Town of Tully that is designated as a wetland pursuant to Article 24 of the State Environmental Conservation Law, shall be in accordance with the provisions of said Article 24.
D.
Sign regulations.
(1)
In any district, a single sign that advertises a home occupation taking place on the premises, or the sale of agricultural products produced on the premises is permitted. The sign may be attached to a building or freestanding. It may not be more than six square feet in total area, on each of two sides in the case of a freestanding sign. It may not be illuminated except by white, nonflashing, nonmoving light, on two sides in the case of a freestanding sign, and may not be higher than five feet above finishing grade. If lighted, no such sign, by reason of design or location, shall shine directly on or into any rooms, porches or patios of residential property in existence when the sign was installed.
(2)
In business or industrial districts a sign that advertises the principal business taking place on the premises shall be permitted. The sign may be freestanding or attached and parallel to the street facade of the principal building. It may be illuminated (See definitions.) but not flashing or animated except as may otherwise be permitted in Subsection D(9), and shall not extend above the height of the wall to which it is attached. Such sign shall not be larger in total area than 10% of the area of the street facade of the principal building or 100 square feet, whichever is smaller.
(3)
In the case of multiple dwellings, or of multiple business uses on the same premises, or of business or industrial uses, or of a nonresidential use in a residential district, the Board of Appeals may authorize more than one sign or signs greater in area or height than is specified by this Subsection D.
(4)
No sign that is mounted on a vehicle or wheels or is otherwise mobile and capable of being moved shall be permitted unless expressly approved by the Board of Appeals.
(5)
Temporary signs are permitted to advertise that a premises is for sale or rent, or to set forth the names of a political candidate or of a contractor, architect, engineer, owner, or similar participant in a construction project. Such temporary sign must conform to the size restrictions of the district where it is located, may not be illuminated and must be removed within seven days after the election, construction, sale or rental of the premises is completed. The temporary sign may be freestanding. In no case shall a temporary sign remain in place for a period greater than one-year unless authorized by the Board of Appeals.
(6)
Identification and directional signs, but nonflashing and without advertising may be authorized by the Board of Appeals.
(7)
No sign, unless attached to a building, shall be located nearer to a street line than 25 feet, or nearer to a side line and 10 feet, unless authorized by the Board of Appeals.
(8)
No sign shall be higher than 25 feet above grade unless it is attached to the wall of a building and below the height of the wall, unless authorized by the Board of Appeals.
(9)
All signs, whether or not specially authorized by the Board of Appeals, shall conform to the following regulations:
(a)
No sign in excess of 10 square feet in area shall be erected, installed or altered until a written permit therefor is issued by the Zoning Administrator.
(b)
No sign may extend over a public sidewalk or public right-of-way.
(c)
The area of a sign shall be measured by the area of its background frame. If the sign consists only of independent letters or symbols without a frame, its area shall be measured by the rectangular area encompassing the letter or symbol groupings.
(d)
Signs which, by their message, use, simulation of color, design or placement, tend to confuse or impair the effectiveness of traffic regulatory devices or to create a traffic hazard or traffic distraction are prohibited.
(e)
No sign shall be flashing, revolving, animated or otherwise in motion. This provision shall not apply to illuminated signs that indicate the time, temperature, or similar public service information even though such device may be flashing.
(f)
Any sign that contains a changing or otherwise animated message (name of business, hours of operation, rooms available, specials, current bargains etc.), where the illumination sources go on and off, or otherwise move or change in any way, shall not be permitted if such changing message is programmed to occur at less than fifteen-minute intervals. This provision shall not apply to time-temperature information displays.
(g)
Hours of operation for any sign that is changing, moving or otherwise animated shall be limited to the hours of operation of the business located on the same lot as such sign. This provision shall not apply to time-temperature information displays.
(h)
Other than signs permitted by these regulations, all accessory advertising devices of commercial enterprises, such as but not limited to, bunting, pennants, pinwheels, streamers or peripheral lighting, are prohibited.
(i)
No sign shall obstruct any fire escape, window, door or opening used as a means of egress, for fire-fighting purposes or for ventilation. No sign shall be placed on any sidewalk, hydrant, lamppost, tree, utility pole, fence, or on other public property, except as may be permitted by this Subsection D.
(j)
No sign shall project into a vehicular driveway on private property at an elevation less than 14 feet above grade. No sign shall project into an area on private property designed as a pedestrianway at an elevation less than 10 feet above grade.
(10)
The Board of Zoning Appeals may, upon request and when appropriate, vary the provisions of this Subsection D after a public hearing has been held and a SEQR determination has been made.
(11)
The Zoning Administrator shall order the removal of any sign that has been abandoned.
E.
Outdoor lighting.
[Amended 12-12-2007 by L.L. No. 7-2007]
(1)
Intent. These regulations are intended to reduce problems created by improperly designed and installed outdoor lighting, and to enhance the natural beauty of the night sky and preserve the rural nature of our community. The objective is to reduce or eliminate problems of glare, minimize light trespass on adjoining properties and reduce energy consumption by establishing regulations that limit the types of acceptable outdoor lighting fixtures and their illumination levels. By regulating outdoor lighting, community character and aesthetics will be enhanced, and excessive lighting that can become a distraction to the traveling public and an annoyance to occupants of neighboring properties caused by improper lighting can be avoided.
(2) CUTOFF FIXTURE FIXTURE FOOTCANDLE FULL-CUTOFF FIXTURE FULLY SHIELDED FIXTURE GLARE LIGHT TRESPASS LUMEN LUMINAIRE TEMPORARY OUTDOOR LIGHTING
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
A light fixture that restricts the amount of light emission by shielding parts of the lamp. A cutoff or semicutoff design allows a restricted amount of light emitted above the horizontal plane running through the lowest point on the luminaire.
The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector or refractor, the ballast, housing and the attached parts.
The basic measuring unit of illuminance. Footcandle measurement is taken with a light meter with CIE photopic (human eye response curve). One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal and vertical footcandle measure the illumination striking a horizontal plane or vertical plane, respectively.
A light fixture that cuts off all upward transmission of light above an angle of 90º from the horizontal plane at the lowest part of the luminaire.
A luminaire constructed and installed such that all light emitted, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full-cutoff luminaire, but without any restrictions on light distribution below the horizontal plane.
Discomfort experienced by an observer with a direct line-of-sight to a light source which often results in visual impairment due to an intensity great enough to reduce the viewer's ability to see.
Light projected onto a property from a fixture not on that property.
A measure of the brightness of the illumination exiting a bulb, provided by a manufacturer. One footcandle is one lumen per square foot.
A complete lighting fixture, including the lamp, housing, ballasts, and photocells, less the support and mounting assembly.
Specific illumination of an outdoor area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days, with at least 180 days passing before being used again.
(3)
General regulations.
(a)
Industrial/commercial uses and zoning districts only:
[1]
All installed outdoor lighting levels shall be in general compliance with the accepted illumination guidelines, standards and recommended practices established by the illuminating Engineering Society of North America (IESNA) and also in conformance with the requirements established by this subsection. All lighting applications shall be controlled by these provisions including, but not limited to signs, architectural, landscaping, decorative lighting, and sports facility lighting.
[3]
Fixture mounting heights for all pole-mounted parking and circulation lighting shall not exceed 30 feet above the paved grade adjacent to the pole and are required to have full-cutoff-type luminaires. Luminaires for recreational playing fields shall be exempt from the height restrictions.
[4]
Wall-mounted fixtures shall prevent direct views of the lamp through the lens. The fixture housing shall cut off the light beam so it projects not more than 75º up from the vertical plane.
[5]
Canopy lights, such as service station lighting, shall be fully recessed or fully shielded.
(b)
Residential uses and zoning districts only:
[1]
The luminous surface of a luminaire shall, in general, be horizontally mounted and aimed away from a property boundary.
(c)
All uses and zoning districts:
[1]
Pedestrian-scale lighting shall be on fixtures not exceeding 15 feet in height.
[2]
The maximum mounting height for wall-mounted lighting shall not exceed 20 feet on all buildings except for industrial buildings which shall not exceed 25 feet.
[3]
Except as otherwise provided by law, no lighting device shall be constructed or placed in any district which:
[a]
Consists of moving, rotating or otherwise animated parts, strings of lights or lights of varying intensity such as flashing, intermittent, moving, rotating or otherwise animated lights, including but not restricted to LED fixtures.
[b]
Is so placed as to aim or direct a light beam or reflection upon or toward any public highway, land, right-of-way or adjacent property.
[c]
Is so placed as to cause glare or reflection that constitutes a hazard or nuisance to on-site or off-site vehicular and pedestrian traffic circulation.
(4)
Nonconforming lighting. All nonconforming lighting shall conform to the provisions hereof within a time period commencing from the effective date and expiring on the date when the improvements comprising the fixtures (and not the real property affixed to same) have been fully depreciated for federal income tax purposes. The owner or other responsible person shall provide evidence in this regard via a sworn or certified statement attaching documentary proof of such owner or person or a sworn/certified statement of its certified public accountant attesting to the applicable depreciation schedule. Where such lighting has not been so depreciated, the applicable time period shall be 10 years from the effective date.
(5)
Maximum illuminance at property lines for all zoning districts.
(a)
Illumination from luminaires shall not exceed 0.1 footcandle at a residential property line or 0.5 footcandle on nonresidential property, as measured on a vertical plane.
(b)
Control of glare.
[1]
Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall not emit any direct light above a horizontal plane.
[2]
All luminaires of 1800 lumens shall be a full-cutoff fixture as installed. For luminaries under 1800 lumens, the lamp must be frosted glass or installed behind a translucent cover, except floodlights, which must be aimed no higher than 30º a below horizontal plane. This can be accomplished by the use of full-cutoff fixture design, shielding, visors, louvers, or other devices.
[3]
Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall be mounted at a height equal to or less than the value D/3 + 3, where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 30 feet. For example: pole height at a distance of 36 feet to a property line would equal 15 feet, or 36/3 + 3 =15.
[4]
Any luminaire, regardless of its rated lumens, shall be directed or its light output controlled as necessary so it is not aimed, focused, or directed in such a way that causes light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or create glare perceptible to persons operating motor vehicles on public highways.
(c)
Outdoor advertising signs.
F.
Parking. Parking spaces, as defined in § 280-4 of this chapter, shall be provided as follows:
(1)
Minimum spaces required. Unless modified by the Town Board or Planning Board as a requirement of special authorization or site plan approval, parking spaces shall be provided as follows:
(a)
Residential use: two spaces for each dwelling unit.
(b)
Church, auditorium, funeral home and other places of public assembly: one space for each four seats at maximum capacity.
(c)
Motel, hotel, bed-and-breakfast and similar uses: one space for each guest room.
(d)
Restaurant: one space for each 100 square feet of gross floor area.
(e)
Office: one space for each 300 square feet of gross floor area.
(f)
Commercial business, store: one space for each 100 square feet of gross floor area used for sales purposes.
(g)
Hospital, nursing home and similar institution: one space for each three beds.
(h)
Industrial or manufacturing business: one space for each 400 square feet of gross floor area.
(i)
Warehouse: one space for each employee.
(j)
Bowling alley: eight spaces for each alley.
(k)
Health and fitness center: one space for each 200 square feet of gross floor area.
(2)
General requirements.
(a)
All required parking spaces shall be on the same lot as the land use activity they serve except that all or part of the spaces may be provided off-site upon special authorization of the Town Board or Planning Board, as appropriate, or otherwise by the Board of Appeals, when it is impractical to provide parking on the same lot and the proposed off-site parking is within 500 feet of the land use activity.
(b)
Parking requirements of this section shall not apply to existing land use activities. Existing parking spaces shall not be reduced below the minimum required by this chapter. If an existing land use is changed or modified, the parking required by this chapter shall be provided as appropriate.
(c)
Unless they are within a driveway, no parking space shall encroach into front or side yards in a residential district or be nearer than 10 feet from any street line or five feet from the side or rear lot lines in any other district.
(d)
Required parking space for two or more land use activities may be jointly provided upon special authorization of the Town Board or Planning Board, or approval by the Board of Appeals, as appropriate, upon specific findings that there shall be no substantial conflict in the principal periods of peak demand and that the number of spaces available for each land use during peak periods shall meet the requirements of this chapter.
G.
Accessory dwelling unit (ADU). The installation of a temporary or permanent ADU shall be permitted in A-1, A-2, R-1, R-2 and R-3 Districts subject to the following:
[Added 5-15-2008 by L.L. No. 4-2008]
(1)
Standards and criteria. All ADU's shall meet the following standards and criteria:
(a)
The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health and any other applicable codes. When unnecessary hardship is created by compliance with the provisions of this local law, the Zoning Board of Appeals may grant modifications for individual cases.
(b)
Any additions to an existing building shall not, absent the granting of an area variance, exceed the allowable lot coverage or encroach into the existing setbacks.
(c)
The ADU may be attached to, within or detached from the principal unit.
(d)
Only one ADU may be created per residence in single-family zones. Multiple detached ADU's may be created in other zones, but only to the extent that multiple dwelling units may otherwise be created there.
(e)
The property owner, which shall include title holders and land contract vendees, must occupy either the principal unit or the ADU as his or her permanent or secondary residence, but not both, for at least five months out of the year and shall at no time receive rent for the owner-occupied unit.
(f)
Occupancy of the accessory or principal unit is limited to family members related by blood, marriage or adoption, or persons having provided satisfactory documentation to the Town Board of the provision of nursing or domiciliary care or assistance to the owner, or a family member related by blood, in partial or full exchange for lodging.
(h)
An ADU may be developed in or on either an existing or a new residence.
(j)
The ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence.
(k)
The primary entrance to the ADU shall be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the principal unit.
(l)
One off-street parking space, in addition to that which is required for the underlying zone, or as many spaces as deemed necessary to accommodate the actual number of vehicles used by occupants of both the primary dwelling and the ADU shall be provided. Such parking must be provided in the rear of the lot where adequate access is available. "Adequate access" shall be defined as a dedicated street or alley with a minimum gravel surface.
(m)
If the ADU is designed for temporary installation (i.e., self-contained, portable unit), it shall be removed within 60 days after the need for such unit has passed. In no event shall such unit be installed for in excess of two years in total. This period may be extended by the Planning Board for good cause, limited to the continued need for use by an elderly or disabled person otherwise qualified under § 280-9G(1)(f).
(n)
Home occupations, to the extent of those permitted in such zoning districts, shall be allowed, subject to existing regulations, in either the ADU or the principal unit, but not both.
(o)
In order to encourage the development of housing units for people with disabilities, reasonable deviation from the above-stated requirements shall be permitted to allow features that facilitate accessibility. Such facilities shall be in conformance with the Uniform Building Code[4] and any other federal or New York State requirements.
(2)
Application procedure.
(a)
Application for a building permit for an ADU shall be made to the Code Enforcement Officer in accordance with the Town of Tully building permit procedures.
(b)
An attestation form from the owner indicating that he or she shall occupy one of the dwelling units on the premises, except for bona fide temporary absences, for five months out of each year, and the name and relationship of the ADU occupant(s). The attestation form shall have attached to it a copy of the owner's deed.
(c)
The attestation form or other forms as required by the Town of Tully shall be filed as a deed restriction with the Onondaga County Clerk's office to indicate the presence of the ADU, the requirement of owner-occupancy and other standards for maintaining the unit as described above.
(d)
Cancellation of an ADU's registration may be accomplished by the owner filing a certificate of cancellation with the Code Enforcement Officer for recording at the Onondaga County Clerk's office or may occur as a result of enforcement action.
(e)
The owner shall pay the costs of recordation and filing of any documents required to be filed hereunder and any other costs of administration, as such costs may be reasonably established by the Town Board from time to time.
(3)
Approval authority. The Town of Tully Board shall be charged with determination of eligibility under the foregoing standards and criteria and shall also have all other review and approval authority hereunder.
[Amended 5-13-2009 by L.L. No. 2-2009]
H.
Keyhole development.
[Added 11-5-2020 by L.L. No. 4-2020]
(1)
Development or use of one or more backlots which include access to the shoreline of an inland lake or body of water through one or more contiguous shoreline lots is prohibited unless in conformity with this subsection. No access is allowed to shoreline lots from noncontiguous backlots.
(2)
Site plan review: submission requirements.
(a)
An application for site plan approval is required to be submitted in accordance with § 280-9, which application shall include the following additional information:
[1]
Elevations of existing watercourses and water bodies, including county shorelines;
[2]
Proposed locations of docks and other shoreline structures;
[3]
Location and dimensions of existing and/or proposed parking areas (including indication of all spaces and method of surfacing);
[4]
Exterior lighting locations with area of illumination illustrated as well as the type of fixtures and shielding to be used;
[5]
The location and type of any and all picnic, sports facilities, and/or playground equipment to be installed on the site.
(3)
Standards. Any shoreline lot proposed to be used as part of a keyhole development shall conform to the following specifications:
(a)
The shoreline lot shall meet the minimum requirements for a lot in the zoning district in which it is located.
(b)
The shoreline lot shall have a minimum shoreline frontage of not less than 300 feet (measured at the ordinary high water mark) and shall have an area of no less than the minimum lot size required of the zoning district in which the lot is located. The minimum frontage required for the shoreline lot shall be increased by 100 feet, and the minimum area required shall be increased by at least 10,000 square feet, for every additional backlot proposed to be part of the keyhole development.
(d)
The site plan shall reflect provisions for all watercraft slips, moorings, boat hoists, and any other means of anchorage to be developed on the shoreline lot. No more than two such slips, moorings, boat hoists, and other means of anchorage per shoreline lot shall be allowed. The minimum shoreline frontage required for the shoreline lot shall be increased by 50 feet, and the minimum area required shall be increased by at least 7,000 square feet, for every additional slip, moorings or boat hoist, proposed to be constructed or installed as part of the keyhole development.
(e)
The site plan shall reflect the location of all docks to be developed on the parcel. No more than two docks per 150 feet of shoreline shall be allowed, which docks shall comply with all state and federal statutes and regulations pertaining thereto. Docks shall not extend beyond a water depth of four feet and shall not exceed 50 feet in length. Docks need not comply with setbacks applicable to other structures. The minimum shoreline frontage required for the shoreline lot shall be increased by 50 feet, and the minimum area required shall be increased by at least 10,000 square feet, for every additional dock proposed to be constructed or installed, as part of the keyhole development.
(f)
Boat launch facilities shall not be permitted.
(g)
No camping or other overnight accommodations shall be permitted on the shoreline lot.
(h)
The storage or display of items for sale or rent such as, but not limited to, boats, boat hoists, personal watercraft, and trailers is prohibited, unless otherwise permitted in the zoning district in which the lot is located.
(i)
No slippage or mooring rights shall be sold or leased unless otherwise permitted in the zoning district in which the shoreline lot is located.