[HISTORY: Adopted by the Town Board of the Town of Onondaga 5-16-1994 by L.L. No.
1-1994. Amendments noted where applicable.]
Pursuant to the authority conferred by Article 16 of the Town
Law of the State of New York and for each and every purpose therein
specified, the Town Board of the Town of Onondaga does hereby repeal
the Town of Onondaga Zoning Ordinance of 1971,[1] and all amendments thereto, heretofore enacted by the
Town Board of the Town of Onondaga and does hereby enact the following
comprehensive local law regulating the location and use of buildings,
structures and land for trade, commercial, industrial, office, residential,
farming and other purposes.
[1]
Editor's Note: Said Zoning Ordinance, adopted 9-1-1971, comprised
former Ch. 35, Zoning.
This chapter is enacted for the purpose of regulating and restricting
the location, construction and use of buildings and structures and
the use of land in the Town of Onondaga and for said purposes divides
the Town into districts.
This L.L. No. 1-1994 shall be known and may be cited as the
"Town of Onondaga Zoning Law of 1994."
[Added 12-3-2012 by L.L. No. 8-2012]
Any word, phrase, sentence, part, section, subsection, or other
portion of this chapter, or the application thereof to any person
or to any circumstance, is adjudged or declared invalid or unenforceable
by a court or other tribunal of competent jurisdiction, then, and
in such event, such judgment or declaration shall be confined in its
interpretation and operation only to the provision of this chapter
that is directly involved in the controversy in which such judgment
or declaration is rendered, and such judgment or declaration of invalidity
or unenforceability shall not affect or impair the validity or enforceability
of the remainder of this chapter or the application hereof to any
other persons or circumstances. If necessary as to such person or
circumstances, such invalid or unenforceable provision shall be and
be deemed severed herefrom, and the Town Board hereby declares that
it would have enacted this chapter, or the remainder thereof, even
if, as to particular provisions and persons or circumstances, a portion
hereof is severed or declared invalid or unenforceable.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A structure detached from and subordinate to a principal
building on the same lot, with less than one-half of the floor space
of the principal building, and which is used for purposes subordinate
and customarily incidental to those of the principal building or use,
including parking, storage, and recreation. Structures used for agriculture,
whether or not used for housing animals, shall not be subject to the
aforesaid "one-half of the floor space of the principal building"
limitation.
[Added 12-3-2012 by L.L. No. 8-2012]
A use customarily incidental and subordinate to the principal
use, located on the same lot with such principal use. A use shall
not qualify for treatment as an accessory use if it dominates the
"principal" use in area, extent, or purpose.
[Amended 12-3-2012 by L.L. No. 8-2012]
Adult care facilities providing room, board and housekeeping
in addition to case management, personal care and other nonmedical
supervision. Adult homes are regulated by the New York State Department
of Social Services and are designed for people who cannot function
independently but do not require continuous medical or nursing care.
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical activities,
including but not limited to adult arcades, adult bookstores or video
stores, adult cabarets, adult live entertainment, adult motels, adult
motion-picture theaters, adult novelty stores and massage establishments,
as such terms are defined below.
[Added 8-21-2000 by L.L. No. 7-2000[1]]
SPECIFIED ANATOMICAL ACTIVITIESIncludes any of the following:
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
ADULT ARCADEAn establishment where, for any form of consideration, one or more still or motion-picture projectors, slide projectors or similar machines or other, image-producing machines, for viewing for five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical activities.
ADULT BOOKSTORE or VIDEO STOREA business which derives 25% or more of its gross income from the sale or rental of, or utilizes 25% or more of its retail selling area for or has stock comprised of 25% or more of any of the following:
Books, magazines, periodicals, films, motion pictures, videocassettes,
slides, compact discs and/or computer generation or other visual representations
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT CABARETA nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial establishment, whether or not alcoholic beverages are served, which features:
Persons who appear nude or in a state of nudity or seminudity;
or
Live performances which are characterized by the exposure of
specified anatomical activities or by specified sexual activities;
or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical activities.
ADULT LIVE ENTERTAINMENTA business where an adult male or female exposes parts of their body identified in specified anatomical activities.
ADULT MOTELA hotel, motel or similar business which:
Offers public accommodations, for any form of consideration,
which provide patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions characterized by the depiction or description of specified
sexual activities or specified anatomical activities and which advertises
the availability of this sexually oriented type of material by means
of a sign visible from the public right-of-way or by means of any
off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television;
Offers a sleeping room for rent for a period of time less than
10 hours; or
Allows a tenant or occupant to subrent the sleeping room for
a period of time less than 10 hours.
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities for observations by patrons therein.
ADULT NOVELTY STOREA business which derives 25% or more of its gross income from the sale or rental of, or utilizes 25% or more of its retail selling area for or has stock comprised of 25% or more of any of the following: instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
DISSEMINATIONThe transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a person, customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities.
MASSAGEA method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument or any other treatment or manipulation of the human body which occurs as part of or in connection with specified sexual activities or where any person providing or receiving such treatment, manipulation or service related thereto exposes his or her specified anatomical areas.
MASSAGE ESTABLISHMENTAny business where body rubs, body shampoos, massages (as defined above) or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law or specifically exempt from Article 155 of the Education Law. (See Education Law § 7800 et seq.).
Any modification, change, rearrangement or addition to a
building, other than routine repairs.
Also referred to as "ambient noise level" and "ambient sound
pressure level;" means the background (exclusive of the development
proposed) sound level (L(90)) found to be exceeded
90% of the time over which sound is measured in a noise analysis.
Unless indicated otherwise, frequency weighting according to the A-weighting
scale is understood to be applicable.
[Added 6-2-2008 by L.L. No. 10-2008]
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
[Added 3-17-1997 by L.L. No. 3-1997]
Land with definite boundaries or which is capable of being
identified by size, square footage or dimensions either as a lot or
parcel or a portion thereof.
[Added 8-3-2009 by L.L. No. 3-2009]
An authorization by the Zoning Board of Appeals for the use
of land in a manner which is not allowed by the dimensional or physical
requirements of the applicable zoning regulations.
A street, road or highway which is designed to move large
volumes of traffic from one area to another (intercommunity traffic)
and to and from freeways.
A private or public club which charges membership fees to
clients to use athletic facilities on the club's premises; athletic
facilities do not include recreational activities involving either
motor vehicles or firearms.
That space of a building which is partly below grade and
which has at least 1/2 of its height, measured from floor to ceiling,
above the average finished grade of the ground adjoining the building.
Any outdoor advertising board, structure or device which
advertises, directs or calls to attention any business, article, substance,
service or any sign which is painted, printed, posted or affixed to
any building, structure, wall, fence, pole, railing, natural object
or structure of any kind on real property or upon the ground itself
which advertises services, products or commodities not available on
the premises on which the billboard is located.
[Added 10-1-2007 by L.L. No. 8-2007]
Any structure wholly or partially enclosed with walls and
a roof. The word "building" includes the word "structure."
A business engaged in the wholesale or retail distribution
or sale of merchandise, goods, equipment, services, materials and
supplies consumed, employed or expended in the construction, reconstruction,
alteration, remodeling or repair of any building or structure.
[Added 8-3-2009 by L.L. No. 3-2009]
A subordinate building, the use of which is incidental to
that of the principal building.
The line of that face of the building nearest the front line
of the lot, exclusive of steps and ramps for the handicapped.
The vertical distance measured from the mean elevation of
the finished grade line of the ground along the front of the building
to the highest point of the roof for flat roofs; to the deck line
of mansard roofs; and to the mean height between eaves and ridge for
gable, hip and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any commercial enterprise, establishment, association or
arrangement for profit.
[Added 8-21-2000 by L.L. No. 7-2000]
A physical location (i.e., storefront) in which a person
of legal age can purchase cannabis and cannabis-related items for
medical or recreational use.
[Added 11-15-2021 by L.L. No. 2-2021]
An area of land and/or structure with machine or hand-operated
facilities used principally for the cleaning, washing, polishing or
waxing of motor vehicles.
A street designed to collect or transport through automobile
traffic from local, neighborhood streets and conduct it to arterials.
Any antenna or tower, including accessory equipment and devices
used in the delivery of commercial mobile services.
[Added 5-19-1997 by L.L. No. 4-1997]
Cellular telephone services, special mobile radio services
and personal communication services as those terms are defined and
regulated by the FCC.
[Added 3-17-1997 by L.L. No. 3-1997]
The following vehicles when used or designed to be used for
commercial purposes on public highways:
A wind energy conversion system which generates original
power on site to be transferred to a transmission system for distribution
to customers.
[Added 6-2-2008 by L.L. No. 10-2008]
A multiunit structure or grouping of structures consisting
of one or more levels, either attached or detached, in which persons
hold fee simple title to individual units and an undivided interest
in common areas or facilities.
[Added 8-3-2009 by L.L. No. 3-2009]
A smaller-sized retail business with primary emphasis placed
upon providing the public with a readily available alternative location
to quickly purchase from a wide array of consumable products, predominantly
food (whether packaged or prepared) and household needs. Convenience
stores may, but need not, include the sale of motor vehicle fuel.
[Added 4-3-2017 by L.L.
No. 2-2017]
An activity providing for the care and supervision of minors
in a dwelling unit away from their own homes; family day care may
involve no more than five minors daily who are not related to the
head of the household of the dwelling unit.
A facility at which care and supervision of minors is provided
as a daily or scheduled program; examples are day nurseries, preschool
programs and day-care centers. Day-care facilities expressly exclude
family day care as defined herein.
Small animals customarily permitted within a residence or
yard and kept for pleasure or company. Such animals shall include
dogs, cats and other common pets such as fish, birds and small animals,
provided that these are not raised for commercial purposes. This term
shall exclude farm animals (horses, livestock, poultry and so forth),
wild or dangerous animals, pigeons and fur-bearing animals raised
for their pelts.
A way providing a means of vehicular egress or ingress to
a lot or property.
A building designed or used as living quarters for one or
more families. The term "dwelling" does not include mobile homes,
hotels or motels.
A building containing three or more dwelling units.
A building containing living, sanitary and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families.
A building with one or more sleeping rooms, other than a one-
or two-family dwelling, used or occupied by permanent or transient
paying guests or tenants.
A building with sleeping accommodations for more than five persons
used or occupied as a club, dormitory, fraternity or sorority house,
or for similar uses.
A building used or occupied as an adult or old-age home.
A community residence.
The term "multiple dwelling" does not include townhouses or
nursing homes.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use by one family as a residence.
A building accommodating only a single family and having
two side yards.
A building designed for or occupied exclusively by two families
living independently of each other in private units where all dwelling
units and amenities are owned by the same person or persons. The term
"two-family dwelling" does not include townhouses.
Environmental assessment form used in the implementation
of the SEQRA as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
[Added 6-2-2008 by L.L. No. 10-2008]
A building and/or facility used in connection with the provision
of services by one of the following:
[Added 8-21-2023 by L.L. No. 4-2023]
Where fire engines and other fire prevention and fire suppression
equipment are housed and stored, including ancillary emergency medical
service equipment, and which serves as the base of fire prevention
and fire suppression operations of firefighters and ancillary emergency
medical service providers. Such facility does not include off-site,
satellite or other premises used for residential housing of firefighters
or firefighter trainees; or
Where ambulances and emergency medical services, vehicles and
equipment are housed and stored and which serves as a base of operations
for such services, including the housing of staff; or
Where police and law enforcement offices, services and equipment
are housed and stored and which serves as a base of operations to
provide such services to the community.
A parcel, with or without a structure or structures thereon,
used for the assemblage, marshaling, parking, storage, placement,
maintaining or organization of equipment, machinery, vehicles, goods
and/or supplies for short- or long-term duration, whether as a primary
use or ancillary to other uses.
[Amended 8-3-2009 by L.L. No. 3-2009]
The explicitly prohibited uses defined and described in § 285-43.1 of this chapter.
[Added 12-3-2012 by L.L. No. 8-2012]
The removal from the ground of sand, gravel, rock or stone,
soil or earth, topsoil, sod, or minerals. ("Minerals" does not include
petroleum or "natural gas," as that term is defined in § 245-43.1
of this chapter.) Removal of such earth products which is incidental
to and in connection with i) excavation and/or grading of a site for
a building or a structure and/or its appurtenant sidewalks, walls,
driveways or parking facilities for which all required building and
other permits have issued; ii) excavation and/or grading of a site
for a public works project (such as sewers, waterlines, roads and
bridges) or for a public utility facility; iii) excavation and/or
grading of a site approved for subdivision development; or iv) construction
of a farm pond or other farm conservation process, are expressly excluded
from the definition of "extractive industry." Furthermore, in no event
shall "extractive industry" be construed to mean, be, or include natural
gas and/or petroleum exploration activities, natural gas and/or petroleum
extraction activities (as those terms are respectively defined at § 245-43.1
of this chapter), or any other explicitly prohibited use.
[Amended 12-3-2012 by L.L. No. 8-2012]
Federal Aviation Administration.
[Added 3-17-1997 by L.L. No. 3-1997]
Persons occupying a dwelling unit and living together as
a family unit. It shall be presumptive evidence that more than four
persons living in a single dwelling unit who are not related by blood,
marriage, domestic partnership or legal adoption do not constitute
the family unit. In determining whether individuals are living together
as a family unit, the following criteria shall be present:
[Amended 1-7-2019 by L.L.
No. 2-2019]
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school
Members of the household having the same address for the purposes
of voter registration, driver’s license, motor vehicle registration
and the filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for one year
or more, whether in the current dwelling unit or other dwelling units;
Common ownership of the furniture and appliances among the members
of the household;
The group is not transient or temporary in nature; and
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
Persons occupying group quarters such as a dormitory, fraternity
or sorority will not be considered the functional equivalent of a
family.
Any parcel, or multiple contiguous parcels of land in the
same ownership, containing at least seven acres of land in the aggregate,
which is used in the raising of agricultural products, horses, livestock,
poultry and dairy animals, including necessary farm buildings, one
one-family dwelling and the storage of equipment used for the farm.
A farm may include a farm stand selling agriculturally related goods
raised on the property, on a seasonal basis only. The term "farm"
does not include the use of land or buildings for a public stable.
[Amended 8-25-2014 by L.L. No. 3-2014]
Federal Communications Commission.[2]
[Added 3-17-1997 by L.L. No. 3-1997]
The line established at a distance specified by subdivision
and/or zoning regulations beyond which no part of a building, other
than parts expressly permitted, shall extend.
A building, which may or may not include a dwelling unit,
devoted to or used in the care and preparation for burial or cremation
of a body of a deceased person. Included within this term are funeral
establishments and funeral parlors; excluded from this term are facilities
for cremation, morgues and facilities for nonhumans.
A building, whether attached or detached, used or designed
to be used for the storage of highway motor vehicles.
Natural surface of the ground or surface of ground after
completion of any change in contour.
The floor area within the inside perimeter of the exterior
walls of the building under consideration, exclusive of vent shafts
and courts, without deduction for corridors, stairways, ramps, closets,
the thickness of interior walls, columns or other features. The floor
area of a building, or portion thereof, not provided with surrounding
exterior walls shall be the usable area under the horizontal projection
of the roof or floor above. The gross floor area shall not include
shafts with no openings or interior courts but shall include basement
areas.
[Added 3-18-2019 by L.L.
No. 4-2019]
A building, or portion of a building, used or designed to
be used for making repairs to highway vehicles.
Any area of land, including any building or buildings thereon
used for the supply of gasoline, diesel oil or other product used
as energy for the propulsion of vehicles. For the purposes of this
chapter, any accessory use involving polishing, greasing, washing,
spraying or otherwise cleaning or servicing such highway vehicles
will be included in this term, but such accessory use shall be clearly
secondary to the principal activity and must be contained within the
building housing the principal activity.
A nonresidential activity conducted entirely within a dwelling
for profit or gain, in which clients or customers are allowed, expected
or encouraged to visit the premises, with or without employees, with
or without any external evidence of such nonresidential activity.
[Amended 9-18-2000 by L.L. No. 9-2000]
A roof-mounted wind conversion system which has its blades
revolving around a horizontal axis perpendicular to the ground. More
particularly, it has a main rotor shaft and electrical generator at
the top of a tower with revolving propeller-type blades that must
be pointed into the wind.
[Added 8-3-2009 by L.L. No. 3-2009]
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment, excluding
the treatment or other care of humans.
A building used for the transient lodging of the public in
single rooms or suites of rooms; such building may include dining
rooms, kitchens, serving rooms, ballrooms and other facilities for
accommodation of the public.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials;
such a use may involve storage or manufacturing processes that potentially
involve hazards or commonly recognized offensive conditions. The term
"industrial" shall not include junkyards, waste disposal operations,
automobile parts recycling or disassembly or bulk storage of flammable
liquids (other than that necessary and incidental to the operation
of the primary heavy manufacturing use). Furthermore, in no event
shall "industry, heavy" be construed to mean, be, or include any explicitly
prohibited uses.
[Amended 12-3-2012 by L.L. No. 8-2012]
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing.
An area of land, with or without buildings, used for or occupied
by a deposit, accumulation, collection or storage, outside a completely
enclosed building, of used or discarded materials, house furnishings,
machinery, vehicles or parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
In no event shall "junkyard" be construed to mean, be, or include
any explicitly prohibited uses.
[Amended 12-3-2012 by L.L. No. 8-2012]
The dividing line between the street right-of-way and the
lot.
A street designed to provide access to neighborhoods not
primarily designed to carry through traffic and where moving traffic
is a secondary function.
A parcel of land occupied or intended to be occupied by one
building and the accessory buildings or uses customarily incident
to it, including such open spaces as are arranged and designed to
be used in connection with such building.
The total area (measured in acres or square feet) within
the property lines of a lot, excluding land within dedicated or proposed
public streets. Other rights-of-way or easements, which prohibit improvements
such as buildings and structures, shall be included in the calculation
of total lot area.
[Amended 3-1-2004 by L.L. No. 1-2004]
The aggregate percentage of the lot area covered by all principal
and accessory buildings as measured by the vertical projection to
the ground of their greatest outside dimensions.
The side of a lot abutting on a street right-of-way; for
corner lots, the narrowest side shall be considered the street frontage
for purposes of measuring minimum road frontage width. For all other
purposes of determining yard requirements on a corner lot, all sides
of a lot abutting a street shall be considered frontage, and yards
shall be provided as indicated under "yards" in this section.
The lines bounding a lot.
A lot fronting on two streets at their intersection.
The mean horizontal distance between the front street line
and the rear lot line.
The distance between the two side lot lines measured along
the front yard setback line as established for each district in this
chapter.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD) Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4-1-1993, transportable in
one or more sections, which in the traveling mode is eight feet (2,438
mm) or more in width or 40 feet (12,192 mm) or more in length, or
when erected on site is 320 square feet (29.7 m2) minimum, constructed on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air-conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all the requirements of
this definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
Federal Department of Housing and Urban Development and complies with
the standards established under the national Manufactured Housing
Construction and Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle.
[Added 8-3-2009 by L.L. No. 3-2009]
A facility providing for the treatment of illness, injury
and disease, providing inpatient and/or outpatient accommodations,
including what are commonly termed "clinics," "diagnostic centers,"
"neighborhood health centers" and "hospitals," but expressly excluding
group residences, nursing homes, adult homes and business offices,
except where such offices are accessory to the "medical services facility."
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode is eight feet (2,438 mm) or more in width
or 40 feet (12,192 mm) or more in length, or when erected on site
is 320 square feet (29.7 m2) minimum, constructed
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein. The term "mobile home" shall not include travel trailers
or any self-propelled recreational vehicle.
[Amended 8-3-2009 by L.L. No. 3-2009]
A factory-manufactured dwelling unit, conforming to applicable
provisions of this Code and bearing insignia of approval issued by
the State Fire Prevention and Code Council, which is constructed by
a method or system of construction whereby the structure or its components
are wholly or in substantial part manufactured in a manufacturing
facility, intended or designed for permanent installation or for assembly
and permanent installation.
[Added 8-3-2009 by L.L. No. 3-2009]
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar energy system and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
[Added 1-8-2018 by L.L.
No. 1-2018]
A building, structure, lot, yard, use of land or aspect related
to use (such as off-street parking, signage or screening) which was
lawfully existing on the effective date of this chapter or any amendment
thereto and which does not conform to the regulations of the district
or zone in which it is situated.
Land, building and storage facilities on not less than three
acres in size used for the growing and/or display and sale of flowers,
plants, trees and shrubs, including the storage of ancillary materials
and the providing of landscape services.
[Added 6-18-2011 by L.L. No. 3-2011]
Land and buildings used for the growing of flowers and plants
for retail or wholesale distribution to the public or other commercial
vendors.
Land and buildings used for the growing of flowers and plants
for private use. No sale of any products is allowed in connection
with this activity.
A residential health care facility regulated and monitored
by the New York State Department of Health which either provides twenty-four-hour
medical supervision for patients requiring rehabilitative or custodial
care or which is designed to meet the needs of patients requiring
nursing supervision or care. The term "nursing home" shall not include
a "medical service facility."
Any sign advertising or calling attention to any business,
activity or product not located on the same continuous parcel of land
as the sign or any sign advertising or calling attention to any commodity
or service not sold or offered upon the same continuous parcel of
land as the sign.
[Added 10-1-2007 by L.L. No. 8-2007]
An open-air eating area accessory to a restaurant not situated
within the building containing the restaurant.
[Added 3-15-2021 by L.L. No. 1-2021]
An area of land with definite boundaries, all or parts of
which are owned by the same person(s) or entities.
[Added 8-3-2009 by L.L. No. 3-2009]
A parcel with or without structure(s) thereon used for the
storage or parking of motor vehicles on a short-term or long-term
basis.
[Amended 8-3-2009 by L.L. No. 3-2009]
A surfaced area outside of any building, or indoors in the
case of a garage, having an area of not less than 180 square feet,
exclusive of driveways, permanently reserved for the temporary storage
of one licensed automobile and connected with a street by a surfaced
driveway which affords satisfactory ingress and egress for automobiles.
Parking spaces may be utilized in groups of two or more so long as
the other qualifications of this definition are satisfied.
Any individual, firm, partnership, corporation, association,
limited liability company, business entity or legal representative,
acting individually or jointly.
[Added 8-21-2000 by L.L. No. 7-2000]
A map, plan or layout of a Town, section or subdivision indicating
the location and boundaries of individual lots and related uses.
An accessory part of a building, enclosed or unenclosed,
attached or abutting the outside of a principal building; the term
"porch" includes what are commonly known as "decks" and "porticoes."
A facility where electricity and/or steam is created for
use in powering on-site or off-site industrial, commercial, residential
or other activities.
Any tower or antenna for which a legal building permit was
issued and which was constructed and in existence as of May 6, 1996.
[Added 3-17-1997 by L.L. No. 3-1997]
A wind energy conversion system that is incidental and subordinate
to another use on the same parcel and supplies electrical power solely
for on-site use, except that when a parcel on which a private wind
energy conversion system is installed also receives electrical power
supplied by a utility company, excess electrical power generated by
the private wind energy conversion system may be used by the utility
company in exchange for a reduction in the cost of electrical power
supplied by that company to the parcel for on-site use, so long as
no net profit is produced by such excess electrical power.
[Added 6-2-2008 by L.L. No. 10-2008]
An educational institution for postsecondary education that
awards a bachelor’s degree, graduate degree or professional
degree.
[Added 12-3-2012 by L.L. No. 9-2012]
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
[Added 1-8-2018 by L.L.
No. 1-2018]
Commercially operated recreation facilities where activities
are conducted within a building or enclosed structure. Examples are
bowling alleys, skating rinks, swimming pools, tennis and paddle courts,
video arcades and theaters; athletic clubs are excluded.
Includes commercially operated recreation facilities where
activities are primarily conducted outside of a building or structure;
examples are outdoor driving ranges, parks and beaches, and miniature
golf courses. This term expressly excludes racetracks and outdoor
theaters.
A land use activity devoted to public worship and related
religious purposes, including but not limited to churches, synagogues,
mosques, parish houses, convents and monasteries. The term does not
include day-care facilities, housing for the poor or indigent, group
homes or treatment centers.
A room, structure or workplace for the purpose of conducting
scientific research or experimentation, or a place for the practice,
observation or testing of substances, materials or goods.
[Amended 8-3-2009 by L.L. No. 3-2009]
Any building designed, intended as or used in whole or part
for the retail sale of prepared food and/or beverages for on-premises
consumption. The term shall not include restaurants with drive-in
facilities or temporary eating facilities such as are associated with
field days or charitable institutions or activities.
A commercial activity characterized by the direct on-premises
sale of goods and services within a building to the ultimate consumer,
generally involving stock-in-trade such as are normally associated
with department stores, food markets, shops and similar establishments.
This term shall also include personal service shops such as barbershops,
beauty salons and dry cleaning or laundry services of less than 4,000
square feet gross floor area. This term will not include restaurants,
banks, highway vehicle service stations or other vehicular services,
outdoor retail sales or offices.
A relatively small wind energy conversion system which generates
original power on site for on-site use by the property owner or homeowner,
mounted on the principal building's roof.
[Added 6-2-2008 by L.L. No. 10-2008]
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, microwave or other electronic signals from space
satellites. Such an antenna shall be considered a "structure" within
the meaning of this chapter.
An institution of learning, whether public or private, administered
under the supervision of the New York State Department of Education,
for the primary and/or secondary education of children.
A facility intended for use by the public and operated as
a business for the purposes of storage of personal, household, business
and other property, where the facility is accessed directly by the
owner of the stored property. A self-storage facility does not include
residential storage sheds, warehouses or outdoor storage areas or
yards. A self-storage facility includes only those facilities used
exclusively for storage inside the facility. It does not include facilities
that accommodate outdoor storage such as storage yards for vehicles
and recreational equipment.
[Added 2-4-2019 by L.L.
No. 3-2019]
Any vehicle not propelled by its own power designed to be
drawn on the public highways by a motor-driven vehicle so that when
operated the forward end of its body or chassis rests upon the body
or chassis of the towing vehicle.
The New York State Environmental Quality Review Act, as codified
in Article 8 of the New York State Environmental Conservation Law
and its implementing regulations in Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York, Part 617
et seq. (6 NYCRR 617).
[Added 6-2-2008 by L.L. No. 10-2008]
Alternating changes in light intensity caused by the moving
blade casting shadows on the ground and stationary objects, such as
a window at a dwelling. More particularly, it is the rotor blades
of the wind turbines chopping the sunlight, causing a flickering (blinking)
effect while the rotor is in motion.
[Added 6-2-2008 by L.L. No. 10-2008]
Any material, structure, device or other representation,
including any part thereof, which is comprised of lettered or pictorial
material or upon which lettered or pictorial matter is placed and
which is used to advertise or promote the interests of any person
or business.
A sign which directs attention to a business, industry or
profession conducted upon the property.
A sign which directs attention to a business, commodity,
service, industry or other activity which is sold, offered or conducted
elsewhere than on the premises upon which such sign is located, and
which is sold, offered or conducted on such premises only incidentally,
if at all.
[Added 12-6-2010 by L.L. No. 9-2010]
A sign which directs attention to a home occupation, a home
professional office or public or semi-public building, or in the case
of churches and places of worship only, to announce dates, hours of
worship and special events related to that church or place of worship.
[Amended 3-18-2019 by L.L. No. 4-2019]
A sign advertising land or improvements thereto, or describing
construction activity or a firm doing work related to construction,
on the premises on which the sign is located.
One which directs attention to a special activity or entertainment.
The parcel(s) of land where a wind energy facility is to
be placed. The site can be publicly or privately owned.
[Added 6-2-2008 by L.L. No. 10-2008]
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
[Added 1-8-2018 by L.L.
No. 1-2018]
A solar photovoltaic cell, panel, or array or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
[Added 1-8-2018 by L.L.
No. 1-2018]
A complete system of solar collectors, panels, controls, energy devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy, including but not limited to thermal and electrical, stored and protected from dissipation and distributed. For purposes of § 285-36.1, a solar energy system does not include any solar energy system of four square feet in size or less.
[Added 1-8-2018 by L.L.
No. 1-2018]
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM A solar energy system incorporated into and becoming part of the overall architecture, design and structure of a building in a manner that the solar energy system is a permanent and integral part of the building structure.
FLUSH-MOUNTED SOLAR ENERGY SYSTEMA rooftop-mounted solar energy system with solar panels which are installed flush to the surface of a roof and which cannot be angled or raised.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is affixed to the ground either directly or by mounting devices and which is not attached or affixed to a building or structure.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEMA solar energy system in which solar collectors/panels are mounted on the roof of a building or structure either as a flush-mounted system or as panels fixed to frames which can be tilted to maximize solar collection. Rooftop-mounted solar energy systems shall be wholly contained within the limits of the building's or structure's roof surface.
A solar energy system or collection of solar energy systems
or area of land principally used to convert solar energy to electricity,
whether by photovoltaics, concentrating solar thermal devices or various
experimental solar technologies, with the primary purpose of supplying
electricity to a utility grid for wholesale or retail sales of electricity
to the general public or utility provider.
[Added 1-8-2018 by L.L.
No. 1-2018]
A device which converts solar energy into electricity.
[Added 1-8-2018 by L.L.
No. 1-2018]
The space between a solar energy system and the sun through
which solar radiation passes.
[Added 1-8-2018 by L.L.
No. 1-2018]
A device that stores energy from the sun and makes it available
in an electrical form.
[Added 1-8-2018 by L.L.
No. 1-2018]
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess to the owner at the time of such discard
or rejection. Such wastes shall include but are not limited to garbage,
sludge, rubbish, ashes, incinerator residue, street cleanings, dead
animals, offal, abandoned vehicles, agricultural waste, industrial
waste, commercial waste and construction and demolition debris. In
no event shall "solid waste" be construed to mean, be, or include
natural gas and/or petroleum extraction, exploration or production
wastes (as that term is defined at § 245-43.1 of this chapter).
[Amended 12-3-2012 by L.L. No. 8-2012]
Any facility employed beyond the initial solid waste collection
process, including but not limited to transfer stations; baling facilities;
rail-haul or barge-haul facilities; processing facilities, including
resource-recovery equipment or other facilities to reduce or alter
the volume or chemical or physical characteristics of solid waste;
sanitary landfills; plants and facilities for composting, compacting
or pyrolyzing solid wastes; incinerators; land spreading facilities;
and storage areas associated with any of the foregoing. In no event
shall "solid waste management facility" be construed to mean, be,
or include "land application facility," "natural gas and/or petroleum
extraction, exploration or production wastes disposal/storage facility,"
or "natural gas and/or petroleum extraction, exploration or production
wastes dump" (as those terms are respectively defined at § 245-43.1
of this chapter), or any other explicitly prohibited use.
[Amended 12-3-2012 by L.L. No. 8-2012]
Also referred to as "noise level;" means the statistical
sound pressure level expressed as the sound pressure level that is
exceeded for a given proportion of the time over which sound is measured.
L(10) shall mean the standard abbreviation
for the sound pressure level that is exceeded for 10% of the time
over which the sound is measured. L(90) shall
mean the standard abbreviation for the sound pressure level that is
exceeded for 90% of the time over which the sound is measured. Unless
indicated otherwise, frequency weighting according to the A-weighting
scale is understood to be applicable.
[Added 6-2-2008 by L.L. No. 10-2008]
The quantity in decibels measured by a sound level meter
satisfying the requirements of the American National Standards Specification
of Sound Level Meters, S1.4-1971 according to a frequency-weighted
decibel scale. "Decibels" shall mean 20 times the logarithm to the
base 10 of the ratio of the root mean squared pressure of a sound
to a reference pressure of 20 micropascals. dB shall mean the standard
abbreviation for decibels. Frequency-weighting of the sound pressure
level is obtained with the standardized dynamic characteristic "fast"
or "slow" and weighting A, B or C; unless indicated otherwise, the
A-weighting is understood to be applicable. "dBA" shall mean the standard
abbreviation for the A-weighted sound pressure level in decibels.
[Added 6-2-2008 by L.L. No. 10-2008]
A use which because of its unique characteristics requires
individual consideration through a procedure of review by the Zoning
Board of Appeals, in order to determine whether a use should be allowed,
conditionally allowed, or denied.
[Added 12-3-2012 by L.L. No. 8-2012]
Building(s) and land on which one or more horses, mules or
burros belonging to the owner of the building and land or his (her)
immediate family or the resident/tenant of the building or his (her)
immediate family are kept; access to the private stable is limited
to the owner of the animals, his (her) immediate family and nonpaying
guests.
A commercial operation consisting of building(s) and land
within which one or more horses, mules or burros are kept for sale,
rent, riding or boarding purposes.
That portion of a building included between any floor and
the floor next above it or, if there is no floor above it, then the
space between any floor and the ceiling next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
half the floor-to-ceiling height.
A public or private way which affords principal means of
access to abutting properties.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings,
the use of which requires temporary or permanent location on or support
of the soil or which is attached to anything on the soil, but shall
not include private driveways or roads.
Any structure intended for swimming, diving, recreational
bathing or wading, which contains, or which is designed to contain,
water over 24 inches deep. The term “swimming pool” shall
include in-ground, aboveground and on-ground pools, indoor pools,
hot tubs, spas, and fixed-in-place wading pools.
[Added 8-21-2023 by L.L. No. 4-2023]
A single-family dwelling unit that is 400 square feet or
less in floor area, excluding lofts, constructed on a permanent foundation
without a chassis with wheels, that is intended to be used as permanent
housing with permanent provisions for living, sleeping, eating, cooking
and sanitation, built in accordance with the provisions of the New
York State Uniform Fire Prevention and Building Code.
[Added 12-7-2020 by L.L. No. 2-2020]
A structure designed to support antennas. It includes, without
limitation, freestanding towers, guyed towers, lattice towers and
monopoles.
[Added 3-17-1997 by L.L. No. 3-1997]
The height measured from the ground to the top of the highest
point of blade height (tip) as extended at its highest vertical point.
[Added 6-2-2008 by L.L. No. 10-2008]
The Town of Onondaga.
[Added 8-21-2000 by L.L. No. 7-2000]
A building, other than a condominium, containing dwelling
units which are individually owned, each owner having a title enabling
him (her) to sell, mortgage or exchange his (her) unit independently
of the owners of the other units in the building, which have a common
or party wall without openings separating the units, and which each
have primary ground floor access to the outside.
A motor-driven vehicle designed and used as the power unit
in combination with or for towing a semitrailer.
See "mobile home."
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or from one party to another.
A terminal cannot be used for permanent or long-term accessory storage.
The terminal may include storage areas for trucks and buildings or
areas for the repair of trucks associated with the terminal.
The purpose for which a building, structure or premises,
or any part thereof, is occupied or, if unoccupied, the purpose for
which it may be occupied.
An authorization by the Zoning Board of Appeals for the use
of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a public highway, except devices
moved by human power or used exclusively upon stationary rails or
tracks.
A roof-mounted wind conversion system which has its blades
revolving around a vertical axis parallel to the ground. More particularly,
the main rotor shaft is arranged vertically and spins vertically,
similar to an egg beater.
[Added 8-3-2009 by L.L. No. 3-2009]
A school, especially on a secondary level, that offers instruction
and practical introductory experience or job-specific skills to one
or more trades or careers. Also referred to as a "trade school" or
"career college."
[Amended 8-3-2009 by L.L. No. 3-2009]
A building used primarily for the storage of goods and materials.
A structure or structures used for the storage and distribution
of wares, goods and merchandise; or the act of conducting an enterprise
for such purposes.
[Amended 8-3-2009 by L.L. No. 3-2009]
A machine that converts the kinetic energy in the wind in
a usable form (commonly known as a "wind turbine" or "windmill").
The wind energy conversion system or "WECS" includes all parts of
the system.
[Added 6-2-2008 by L.L. No. 10-2008]
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
[Added 6-2-2008 by L.L. No. 10-2008]
An open unoccupied space on the same lot or parcel of land
with a building or structure.
The shortest horizontal distance from the lot line, or its
vertical projection, to that part of the main building that is nearest
thereto, excepting eaves less than two feet in width.
An unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the front
street right-of-way line of the lot and the front line of the building
projected to the side lines of the lot.
An open space on the same lot with the main building unoccupied
except as hereinafter otherwise permitted, extending the full width
of the lot and situated between the rear line of the lot and the rear
line of the building projected to the side line of the lot.
An open unoccupied space on the same lot with the main building,
situated between the side line of the building and the adjacent side
line of the lot and extending from the front yard line to the rear
yard line.
A.
For the purpose of promoting the public health, safety, morals and
general welfare of the community, all land in the Town of Onondaga
is hereby placed, or authorized to be placed, in the following types
of districts:
[Amended 7-7-2008 by L.L. No. 11-2008; 5-2-2011 by L.L. No.
2-2011; 4-3-2017 by L.L. No. 2-2017]
|
Residential and Country District R-C
| |
|
One-Family Residential District R-1
| |
|
One-Family Residential District R-2
| |
|
One-Family Residential District R-3
| |
|
Onondaga Hill Business District OHB
| |
|
Neighborhood Shopping District NS
| |
|
Neighborhood Shopping District NS-N (Nedrow)
| |
|
Institutional District I
| |
|
Commercial District CD
| |
|
Professional and Commercial Office District PCO
| |
|
Light Industrial District LI
| |
|
Planned Residential Community District P-RC
| |
|
Planned Residential District P-R
| |
|
Planned Mobile Home District P-MH
| |
|
Planned Economic District P-E
| |
|
Wind Energy Conversion System Overlay Zone
|
When uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the Zoning Maps, the following
rules shall apply:
A.
Where district boundaries are indicated as approximately following
the center lines of streets or highways, street lines or highway right-of-way
lines, such center lines, street lines or highway right-of-way lines
shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately
follow the lot line, such lot lines shall be construed to be said
boundaries.
C.
Where district boundaries are so indicated that they are approximately
parallel to the center line of streets or highways, or street lines
or highway right-of-way lines, such district boundaries shall be construed
as being parallel thereto and at such distance therefrom as indicated
on the Zoning Map. If no distance is given, such dimension shall be
determined by the use of the scale shown on said Zoning Map.
D.
Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located midway between the main tracks of said
railroad line.
E.
Where the boundary of a district follows a stream, lake or other
body of water, said boundary line shall be deemed to be at the center
line of the stream, lake or other body of water, unless otherwise
indicated.
[Amended 12-3-2012 by L.L. No. 8-2012]
Except as otherwise hereinafter provided:
A.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, moved or altered unless in conformity
with the regulations specified for the district in which it is located.
B.
No part of a yard or other open space required about any building
for the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space required for another
building.
C.
Any use not specifically set forth as a permitted use in any zoning
district shall be expressly prohibited in that district. A use specifically
set forth as a permitted use in one district shall not be permitted
in another district unless it is specifically set forth as a permitted
use in said other district.
The following regulations shall apply in R-C Districts:
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Farms; provided, however, that no manure or odor or dust-producing
substances shall be stored within 200 feet of any lot line. Farm crops
shall not be considered odor- or dust-producing substances.
(3)
Residential nurseries or greenhouses; provided, however, that no
retail sales or other business shall be conducted and that no storage
of manure or of odor- or dust-producing substances and no heating
plant shall be permitted within 200 feet of any lot line.
(4)
Structures for housing domestic household pets, provided that the
total floor area of all such structures shall not exceed 50 square
feet, and provided that within such structures no use shall be conducted
for profit or any commercial purpose.
(5)
Family day care.
B.
Permitted accessory uses.
(1)
Accessory buildings and uses.
(3)
Private swimming pool, provided that such pool is located in the
rear yard and that no related pool wall, walk or equipment shall be
located any closer to the rear lot line than a distance equal to 10%
of the required or actual lot width (whichever is greater) nor any
closer to the side lot line than the main building side yard width,
and provided further that lights used to illuminate the pool or pool
area shall be shielded or installed so as to prevent said lights from
shining directly upon any adjacent property.
[Amended 5-7-2001 by L.L. No. 6-2001]
C.
Special permit uses, as provided in § 285-39.
(1)
Religious uses.
(2)
Cemeteries.
(3)
Private or public membership clubs, including but not limited to
golf or country clubs, tennis clubs and swimming clubs. Athletic clubs
are not allowed.
(4)
Facilities for the delivery of natural gas service, other than containerized
natural gas, to the local community, except storage or heavy equipment
yards. Such facilities shall not include those designed for exploration
for natural gas deposits, extraction of same from the earth or activities
related thereto.[1]
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(5)
Public stables, on not less than 20 acres of land, provided that
no building housing animals shall be within 200 feet of any lot line
and that no manure or within 200 feet of any lot line and that no
manure or dust- or odor-producing substances shall be stored within
200 feet of any lot line. The total number of horses, mules and/or
burros shall not exceed one per acre of contiguous usable grazing
land.
(6)
Private stables, on not less than five acres of land, provided that
no building housing animals shall be within 200 feet of any lot line
and that no manure or dust- or odor-producing substances shall be
stored within 200 feet of any lot line. The total number of horses,
mules and/or burros per acre of contiguous usable grazing land shall
not exceed the following:
|
Number of Acres
|
Number of Horses, Mules or Burros
| |
|---|---|---|
|
5
|
2
| |
|
6 to 20
|
1 for every 2 acres
| |
|
Over 20
|
1 per acre
|
(7)
Private residential noncommercial towers, including but not limited to radio transmitting and radio receiving towers, television towers and wind turbines. [See § 285-39C(1)(m).]
(8)
Day-care facilities.
(9)
Public or private elementary or secondary schools.
(10)
Public or private institutions of higher education.
(11)
Public libraries.
(12)
Facilities necessary for the provision of electrical service
to the local community, except storage or heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(13)
Facilities, other than towers, necessary for the provision of
telephone service to the local community, except storage or heavy
equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(14)
Facilities, other than towers, necessary for the provision of
cable television service to the local community, except storage or
heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(15)
Nursery.
[Added 6-18-2011 by L.L. No. 3-2011]
(16)
Emergency
services facility.
[Added 1-7-2019 by L.L.
No. 1-2019; amended 8-21-2023 by L.L. No. 4-2023]
D.
Lot and building requirements.
(3)
Maximum building height: 35 feet, but not more than 2 1/2 stories, except as provided in § 285-30.
(5)
Maximum lot coverage: 25%.
(6)
Minimum lot frontage.
The following regulations shall apply in R-1 Districts:
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Farms; provided, however, that no manure or dust- or odor-producing
substances shall be stored within 200 feet of any lot line. Farm crops
shall not be considered odor- or dust-producing substances.
(3)
Structures for housing domestic household pets, provided that the
total floor area of all such structures shall not exceed 50 square
feet, and provided that within such structures no use shall be conducted
for profit or any commercial purpose.
(4)
Family day care.
B.
Permitted accessory uses.
(1)
Accessory buildings or uses.
(3)
Private swimming pool, provided that such pool is located in the
rear yard and that no related pool wall, walk or equipment shall be
located any closer to the rear lot line than a distance equal to 10%
of the required or actual lot width (whichever is greater) nor any
closer to the side lot line than the main building side yard width,
and provided further that lights used to illuminate the pool or pool
area shall be shielded or installed so as to prevent said lights from
shining directly upon any adjacent property.
[Amended 5-7-2001 by L.L. No. 6-2001]
C.
Special permit uses, as provided in § 285-39.
(1)
Religious uses.
(2)
Cemeteries.
(3)
Private or public clubs, including but not limited to golf or country
clubs, tennis clubs and swimming clubs. Athletic clubs are not allowed.
(4)
Facilities for the delivery of natural gas service, other than containerized
natural gas, to the local community, except storage or heavy equipment
yards. Such facilities shall not include those designed for exploration
for natural gas deposits, extraction of same from the earth or activities
related thereto.[1]
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(5)
Private stables, on not less than five acres of land, provided that
no building housing animals shall be within 200 feet of any lot line
and that no manure or dust- or odor-producing substances shall be
stored within 200 feet of any lot line. The total number of horses,
mules and/or burros per acre of contiguous usable grazing land shall
not exceed the following:
|
Number of Acres
|
Number of Horses, Mules or Burros
| |
|---|---|---|
|
5
|
2
| |
|
6 to 20
|
1 for every 2 acres
| |
|
Over 20
|
1 per acre
|
(6)
Private residential noncommercial towers, including but not limited to radio transmitting and radio receiving towers, television towers and wind turbines. [See § 285-39C(1)(m).]
(7)
Day-care facilities.
(8)
Public or private elementary or secondary schools.
(9)
Public or private institutions of higher education.
(10)
Public libraries.
(11)
Facilities necessary for the provision of electrical service
to the local community, except storage or heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(12)
Facilities, other than towers, necessary for the provision of
telephone service to the local community, except storage or heavy
equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(13)
Facilities, other than towers, necessary for the provision of
cable television service to the local community, except storage or
heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(14)
Emergency
services facility.
[Added 8-21-2023 by L.L. No. 4-2023]
D.
Lot and building requirements.
(3)
Maximum building height: 35 feet, but no more than 2 1/2 stories, except as provided in § 285-30.
(5)
Maximum lot coverage: 25%.
(6)
Minimum lot frontage.
The following regulations shall apply in R-2 Districts:
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Structures for housing domestic household pets, provided that the
total gross floor area of all such structures shall not exceed 50
square feet, and provided that within such structures no use is conducted
for profit or any commercial purpose.
(3)
Family day care.
(4)
Tiny
houses.
[Added 12-7-2020 by L.L. No. 2-2020]
B.
Permitted accessory uses.
(1)
Accessory buildings or uses.
(3)
Private swimming pool, provided that such pool is located in the
rear yard and that no related pool wall, walk or equipment shall be
located any closer to the rear lot line than a distance equal to 10%
of the required or actual lot width (whichever is greater) nor any
closer to the side lot line than the main building side yard width,
and provided further that lights used to illuminate the pool or pool
area shall be shielded or installed so as to prevent said lights from
shining directly upon any adjacent property.
[Amended 5-7-2001 by L.L. No. 6-2001]
C.
Special permit uses, as provided in § 285-39.
(1)
Religious uses.
(2)
Cemeteries.
(3)
Private or public clubs, including but not limited to golf or country
clubs, tennis clubs and swimming clubs. Athletic clubs are not allowed.
(4)
Facilities for the delivery of natural gas service, other than containerized
natural gas, to the local community, except storage or heavy equipment
yards. Such facilities shall not include those designed for exploration
for natural gas deposits, extraction of same from the earth or activities
related thereto.[1]
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(5)
Private residential noncommercial towers, including but not limited to radio transmitting and radio receiving towers, television towers and wind turbines. [See § 285-39C(1)(m).]
(6)
Day-care facilities.
(7)
Public or private elementary or secondary schools.
(8)
Public or private institutions of higher education.
(9)
Public libraries.
(10)
Facilities necessary for the provision of electrical service
to the local community, except storage or heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(11)
Facilities, other than towers, necessary for the provision of
telephone service to the local community, except storage or heavy
equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(12)
Facilities, other than towers, necessary for the provision of
cable television service to the local community, except storage or
heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(13)
Emergency services facility.
[Added 8-21-2023 by L.L. No. 4-2023]
The following regulations shall apply in R-3 Districts:
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Structures for housing domestic household pets, provided that the
total floor area of all such structures shall not exceed 50 square
feet, and provided that within such structures no use shall be conducted
for profit or any commercial purpose.
(3)
Family day care.
(4)
Tiny
houses.
[Added 12-7-2020 by L.L. No. 2-2020]
B.
Permitted accessory uses.
(1)
Accessory buildings or uses, provided that such are incidental to
the principal use.
(3)
Private swimming pool, provided that such pool is located in the
rear yard and that no related pool wall, walk or equipment shall be
located any closer to the rear lot line than a distance equal to 10%
of the required or actual lot width (whichever is greater) nor any
closer to the side lot line than the main building side yard width,
and provided further that lights used to illuminate the pool or pool
area shall be shielded or installed so as to prevent said lights from
shining directly upon any adjacent property.
[Amended 5-7-2001 by L.L. No. 6-2001]
C.
Special permit uses, as provided in § 285-39.
(1)
Religious uses.
(2)
Cemeteries.
(3)
Private or public clubs, including but not limited to golf or country
clubs, tennis clubs or and swimming clubs. Athletic clubs are not
allowed.
(4)
Facilities for the delivery of natural gas service, other than containerized
natural gas, to the local community, except storage or heavy equipment
yards. Such facilities shall not include those designed for exploration
for natural gas deposits, extraction of same from the earth or activities
related thereto.[1]
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(5)
Private residential noncommercial towers, including but not limited to radio transmitting and radio receiving towers, television towers and wind turbines. [See § 285-39C(1)(m).]
(6)
Day-care facilities.
(7)
Public or private elementary or secondary schools.
(8)
Public or private institutions of higher education.
(9)
Public libraries.
(10)
Facilities necessary for the provision of electrical service
to the local community, except storage or heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(11)
Facilities, other than towers, necessary for the provision of
telephone service to the local community, except storage or heavy
equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(12)
Facilities, other than towers, necessary for the provision of
cable television service to the local community, except storage or
heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(13)
Emergency services facility.
[Added 8-21-2023 by L.L. No. 4-2023]
[Added 4-3-2017 by L.L.
No. 2-2017]
C.
The following structures and uses may be permitted, subject to site plan review as provided in § 285-23 of this chapter:
(1)
Office buildings.
(2)
Banks and pharmacies without drive-through windows.
(3)
Religious uses.
(4)
Funeral homes.
(5)
Restaurants, without drive-through windows.
(6)
Medical service facilities.
(7)
Retail businesses. Drive-through windows or gas pumps are not
permitted.
[Amended 3-18-2019 by L.L. No. 4-2019]
(8)
Libraries.
(9)
Day-care facilities.
(10)
Outdoor dining.
[Added 3-15-2021 by L.L. No. 1-2021]
D.
The following structures and uses may be permitted, subject to the
application for and issuance of a special permit, as provided in § 285—39
of this chapter.
(1)
Banks and pharmacies with drive-through windows.
(2)
Dwelling units, not to exceed seven units per acre and subject
to site plan approval, as well.
(3)
Athletic clubs.
(4)
Facilities for the delivery of natural gas service other than
containerized natural gas, to the local community, except storage
of heavy equipment yards. Such facilities shall not include those
designed for exploration for natural gas deposits, extraction of same
from the earth or activities related thereto.
(5)
Facilities necessary for the provision of electrical service
to the local community, except storage or heavy equipment yards.
(6)
Facilities, other than towers, necessary for the provision of
telephone service to the local community, except storage or heavy
equipment yards.
(7)
Facilities, other than towers, for the provision of cable television
service to the local community, except storage or heavy equipment
yards.
(8)
Convenience stores, with or without motor vehicle fuel service facilities, subject to the additional requirements and criteria set forth in § 285-26 of this chapter.
(9)
Emergency services facility.
[Added 1-7-2019 by L.L.
No. 1-2019; amended 8-21-2023 by L.L. No. 4-2023]
E.
Existing structures and uses may be continued, expanded or upgraded,
provided that all of the following criteria are satisfied:
NS Districts shall have a total area of not less than two acres
and a frontage of not less than 400 feet. The following regulations
shall apply in NS Districts:
B.
Permitted accessory uses.
(2)
Private swimming pool, provided that such pool is located in the
rear yard and that no related pool wall, walk or equipment shall be
located any closer to the rear lot line than a distance equal to 10%
of the required or actual lot width (whichever is greater) nor any
closer to the side lot line than the main building side yard width,
and provided further that lights used to illuminate the pool or pool
area shall be shielded or installed so as to prevent said lights from
shining directly upon any adjacent property.
[Amended 5-7-2001 by L.L. No. 6-2001]
C.
Special permit uses, as provided in § 285-39.
(1)
Indoor recreation facilities.
(3)
One-family dwellings, in accordance with the dimensional regulations of the R-2 District. (See § 285-10.)
(4)
Vocational schools.
(5)
Private residential noncommercial towers, including but not limited to radio transmitting and radio receiving towers, television towers and wind turbines. [See § 285-39C(1)(m).]
(6)
Banks with drive-in windows.
(7)
Parking facilities.
(8)
Facilities for the delivery of natural gas service, other than containerized
natural gas, to the local community, except storage or heavy equipment
yards. Such facilities shall not include those designed for exploration
for natural gas deposits, extraction of same from the earth or activities
related thereto.
[Added 3-17-1997 by L.L. No. 3-1997; amended 12-3-2012 by L.L. No.
8-2012]
(9)
Facilities necessary for the provision of electrical service to the
local community, except storage or heavy equipment yards.
[Amended 3-17-1997 by L.L. No. 3-1997]
(10)
Facilities, other than towers, necessary for the provision of
telephone service to the local community, except storage or heavy
equipment yards.
[Amended 3-17-1997 by L.L. No. 3-1997]
(11)
Facilities, other than towers, necessary for the provision of
cable television service to the local community, except storage or
heavy equipment yards.
[Amended 3-17-1997 by L.L. No. 3-1997]
(12)
Restaurants with drive-in windows.
[Added 8-3-2009 by L.L. No. 3-2009]
(13)
Emergency services facility.
[Added 1-7-2019 by L.L.
No. 1-2019; amended 8-21-2023 by L.L. No. 4-2023]
D.
Lot and building requirements.
NS-N Districts shall have a total area of not less than two
acres and a frontage of not less than 400 feet. The following regulations
shall apply in NS-N Districts:
B.
Permitted accessory uses.
(2)
Private swimming pool, provided that such pool is located in the
rear yard and that no related pool wall, walk or equipment shall be
located any closer to the rear lot line than a distance equal to 10%
of the required or actual lot width (whichever is greater) nor any
closer to the side lot line than the main building side yard width,
and provided further that lights used to illuminate the pool or pool
area shall be shielded or installed so as to prevent said lights from
shining directly upon any adjacent property.
[Amended 5-7-2001 by L.L. No. 6-2001]
C.
Special permit uses, as provided in § 285-39.
(1)
Indoor recreation facilities.
(3)
One-family dwellings, in accordance with the dimensional regulations of the R-3 District. (See § 285-11.)
(4)
Vocational schools.
(5)
Private residential noncommercial towers, including but not limited to radio transmitting and radio receiving towers, television towers and wind turbines. [See § 285-39C(1)(m).]
(6)
Banks with drive-in windows.
(7)
Parking facilities.
(8)
Restaurants with drive-in windows.
(9)
Athletic clubs.
(10)
Facilities for the delivery of natural gas service, other than
containerized natural gas, to the local community, except storage
or heavy equipment yards. Such facilities shall not include those
designed for exploration for natural gas deposits, extraction of same
from the earth or activities related thereto.
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(11)
Facilities necessary for the provision of electrical service
to the local community, except storage or heavy equipment yards.
[Amended 3-17-1997 by L.L. No. 3-1997]
(12)
Facilities, other than towers, necessary for the provision of
telephone service to the local community, except storage or heavy
equipment yards.
[Amended 3-17-1997 by L.L. No. 3-1997]
(13)
Facilities, other than towers, necessary for the provision of
cable television service to the local community, except storage or
heavy equipment yards.
[Amended 3-17-1997 by L.L. No. 3-1997]
(14)
Emergency services facility.
[Added 1-7-2019 by L.L.
No. 1-2019; amended 8-21-2023 by L.L. No. 4-2023]
(15)
Vehicle sales.
[Added 9-19-2022 by L.L. No. 5-2022]
[Added 4-3-2017 by L.L.
No. 2-2017]
A.
Permitted uses.
(1)
Post-secondary educational institutions and other facilities
of higher learning.
(2)
Teaching facilities, research facilities and technology transfer
facilities.
(3)
Administrative offices.
(4)
Libraries.
(5)
Dormitories and apartments for on-campus living, provided that
such facilities are owned, operated and maintained by the institution
or an affiliated entity of said institution with which the residents
are associated.
(6)
Bookstores.
(7)
Student unions.
(8)
Recreation facilities for participatory and spectator recreation,
both indoor and outdoor, that are part of the institution or an affiliated
entity, and are subject to the rules and regulations of the institution
or the affiliated entity.
(9)
Cafeteria and food services.
[Amended 8-21-1995 by L.L. No. 3-1995]
CD Districts shall have a total land area of not less than 10
acres. The following regulations shall apply in CD Districts:
A.
Permitted uses:
(1)
Offices.
(2)
Banks.
(3)
Public and private elementary or secondary schools.
(4)
Restaurants, without drive-in windows.
(5)
Motels or hotels.
(6)
Commercial nurseries or greenhouses.
(7)
Highway vehicle salesrooms and accessory service garages and sales
lots.
(8)
Boat salesrooms and accessory service garages and sales lots.
(9)
Indoor recreation facilities.
(10)
Funeral homes.
(11)
Building supply.
(12)
Radio or television studios without transmitting or receiving
antennas or towers.
(13)
Medical service facilities.
(14)
Religious uses.
(15)
Outdoor recreation facilities.
(16)
Nursing homes.
(17)
Adult homes.
(18)
Animal hospitals and kennels, provided that any structure or
area used for such purpose, including pens and exercise yards, shall
be located at least 200 feet from any residential district.
(19)
Retail businesses.
(20)
Studios or galleries.
(21)
Adult uses, provided that such adult use complies with all of
the following restrictions:
[Added 8-21-2000 by L.L. No. 7-2000[1]]
(a)
All adult uses shall comply with the applicable provisions of
the Zoning Law, including without limitation those relating to structures
and uses permitted in a Commercial District (CD) and shall also comply
with all other applicable law.
(b)
No person shall construct, establish, operate or maintain or
be issued a certificate of occupancy for any adult use within the
Town unless such use meets the following standards:
[1]
No more than one adult use shall be allowed or permitted on
any one lot.
[2]
No adult use shall be allowed or permitted on a lot that is
within 1,000 feet of:
[a]
A lot on which there is another adult use.
[b]
Any Residential Zoning District (R-C, R-1, R-2
or R-3).
[c]
Any property that is utilized, in whole or in part,
for residential purposes, including without limitation, structures
devoted to both residential and commercial or business uses.
[d]
Any church or other regular place of worship, community
center, library, private or public school, nursery school, day-care
use, mobile home, public park, public playground, public recreational
area or hotels or motels.
[3]
Where there is a conflict between the regulations as provided in this § 285-14A(21) and any other applicable law, rule or regulation, the most restrictive law, rule or regulation shall apply.
[4]
All distances set forth herein shall be measured by following
a straight line without regard to intervening structures or improvements
from the nearest point of the lot line of the parcel on which the
adult use is to be located to the nearest point of the lot line of
the parcel of land from which the adult use is to be separated.
(c)
No adult use shall be conducted in any manner that permits the
observation of any material depicting, describing or relating to specified
sexual activities or specified anatomical activities from any public
way or from any other lot, including but not limited to any lighting,
display, decoration, poster, photograph, video, sign, show, doorway,
window, screen or other opening.
[1]
Editor's Note: This local law also repealed former Subsection
A(21), regarding adult entertainment uses.
B.
Permitted accessory uses:
(1)
Accessory buildings or uses, provided that such use is incidental
to the principal use.
C.
Special permit uses, as provided in § 285-39:
(1)
Parking facilities.
(3)
Dry cleaners or laundries of more than 4,000 square feet.
(4)
Restaurants, with drive-in windows.
(5)
Car washes.
(6)
Facilities for the delivery of natural gas service, other than containerized
natural gas, to the local community, except storage or heavy equipment
yards. Such facilities shall not include those designed for exploration
for natural gas deposits, extraction of same from the earth or activities
related thereto.
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(7)
Facilities necessary for the provision of electrical service to the
local community, except storage or heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(8)
Facilities, other than towers, necessary for the provision of telephone
service to the local community, except storage or heavy equipment
yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(9)
Facilities, other than towers, necessary for the provision of cable
television service to the local community, except storage or heavy
equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(10)
Emergency services facility.
[Added 1-7-2019 by L.L.
No. 1-2019; amended 8-21-2023 by L.L. No. 4-2023]
D.
Lot and building requirements:
PCO Districts shall have a minimum land area of 10 acres. The
following regulations shall apply in PCO Districts.
A.
Permitted uses.
(1)
Office buildings, together with the following accessory uses:
(a)
Parking facilities intended to serve one or more principal or
accessory uses located in the same zoning district.
(b)
Restaurants when located in an office building shall not exceed
10% of the total gross building floor area, exclusive of parking garages,
nor 25% of the first floor area, whichever is greater.
(2)
Banks without drive-in windows.
(3)
Religious uses.
(4)
Public or private institutions of higher education.
C.
Special permit uses, as provided in § 285-39.
(1)
Banks with drive-in windows.
(2)
Restaurants which provide food only for indoor consumption.
(4)
Athletic clubs.
(5)
Facilities for the delivery of natural gas service, other than containerized
natural gas, to the local community, except storage or heavy equipment
yards. Such facilities shall not include those designed for exploration
for natural gas deposits, extraction of same from the earth or activities
related thereto.
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(6)
Facilities necessary for the provision of electrical service to the
local community, except storage or heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(7)
Facilities, other than towers, necessary for the provision of telephone
service to the local community, except storage or heavy equipment
yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(8)
Facilities, other than towers, necessary for the provision of cable
television service to the local community, except storage or heavy
equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(9)
Funeral homes.
[Added 9-10-2012 by L.L. No. 6-2012]
(10)
Emergency services facility.
[Added 1-7-2019 by L.L.
No. 1-2019; amended 8-21-2023 by L.L. No. 4-2023]
D.
Yard requirements. All buildings or structures hereafter erected
or structurally altered shall provide the following minimum required
yard space:
E.
Floor area ratio for office buildings. The total gross floor area
of all principal office and accessory buildings and structures, excluding
parking structures hereafter erected or structurally altered in a
PCO District, shall not exceed 200% of the total land area that is
occupied. In order to promote more open space, the allowable floor
area ratio may be increased by 1% for each foot of each yard beyond
the minimum required dimension, provided that the total increase so
accrued shall not exceed 50%. Gross floor area is the sum of the areas
of each floor.
The following regulations shall apply in LI Districts:
A.
Permitted uses.
(1)
Business uses.
(a)
Banks with or without drive-in window.
(b)
Offices.
(c)
Radio or television stations or studios without transmitting
or receiving antennas or towers.
(d)
Vocational schools.
(e)
Equipment storage.
(f)
Building supply.
(g)
Adult uses, provided that such use complies with all of the
following restrictions:
[Added 8-21-2000 by L.L. No. 7-2000]
[1]
All adult uses shall comply with the applicable provisions of
the Zoning Law, including without limitation those relating to structures
and uses permitted in a Light Industrial District (LI) and shall also
comply with all other applicable law.
[2]
No person shall construct, establish, operate or maintain or
be issued a certificate of occupancy for any adult use within the
Town unless such use meets the following standards:
[a]
No more than one adult use shall be allowed or
permitted on any one lot.
[b]
No adult use shall be allowed or permitted on a
lot that is within 1,000 feet of:
[i]
A lot on which there is another adult use.
[ii]
Any Residential Zoning District (R-C, R-1, R-2 or R-3).
[iii]
Any property that is utilized, in whole or in
part, for residential purposes, including without limitation, structures
devoted to both residential and commercial or business uses.
[iv]
Any church or other regular place of worship, community center,
library, private or public school, nursery school, day-care use, mobile
home, public park, public playground, public recreational area or
hotels or motels.
[c]
Where there is a conflict between the regulations as provided in this § 285-16A(1)(g) and any other applicable law, rule or regulation, the most restrictive law, rule or regulation shall apply.
[d]
All distances set forth herein shall be measured
by following a straight line without regard to intervening structure
or improvements from the nearest point of the lot line of the parcel
on which the adult use is to be located to the nearest point of the
lot line of the parcel of land from which the adult use is to be separated.
[3]
No adult use shall be conducted in any manner that permits the
observation of any material depicting, describing or relating to specified
sexual activities or specified anatomical activities from any public
way or from any other lot, including but not limited to any lighting,
display, decoration, poster, photograph, video, sign, show, doorway,
window, screen or other opening.
(h)
Nursery.
[Added 6-18-2011 by L.L. No. 3-2011]
(i)
Public or private institutions of higher education.
[Added 12-3-2012 by L.L. No. 9-2012]
(j)
Self-storage facility, with or without ancillary equipment storage.
[Added 2-4-2019 by L.L.
No. 3-2019]
(3)
Parking facilities.
(4)
Facilities for the delivery of natural gas service, other than containerized
natural gas, to the local community, except storage or heavy equipment
yards. Such facilities shall not include those designed for exploration
for natural gas deposits, extraction of same from the earth or activities
related thereto.
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(5)
Facilities necessary for the provision of electrical service to the
local community, except storage or heavy equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(6)
Facilities, other than towers, necessary for the provision of telephone
service to the local community, except storage or heavy equipment
yards.
[Added 3-17-1997 by L.L. No. 3-1997]
(7)
Facilities, other than towers, necessary for the provision of cable
television service to the local community, except storage or heavy
equipment yards.
[Added 3-17-1997 by L.L. No. 3-1997]
The P-R Districts shall be established in accordance with the provisions set forth in § 285-21 and shall be subject to the following:
The P-RC Districts shall be established in accordance with the provisions set forth in § 285-21 and shall be subject to the following:
A.
A P-RC District shall be allowed only in an area zoned residential
(R-C, R-1, R-2 or R-3) and shall have a minimum land area of 10 acres.
B.
A P-RC District must be predominantly residential in character. Uses
of a nonresidential nature must be incidental to the basic residential
character of the district.
D.
Density of the residential portion of the district: not to exceed:
seven units per acre.
E.
Maximum building coverage of the total district land area: 12%.
P-MH Districts shall be established in accordance with the provisions set forth in § 285-21, and shall be subject to the following:
A.
A P-MH District shall have a minimum land area of 25 acres, and shall
not be allowed in residential zones R-1, R-2 and R-3.
B.
A P-MH District must be predominantly residential in character. Other
uses of a nonresidential nature must be incidental to the basic residential
character of the plan.
E.
Accessory buildings and uses.
P-E Districts shall be established in accordance with the provisions set forth in § 285-21 and shall be subject to the following:
A.
A P-E District shall have a minimum land area of 25 acres and shall
not be allowed in residential zones R-1, R-2 and R-3.
B.
Permitted uses.
(1)
Offices.
(2)
Banks with or without drive-in windows.
[Amended 8-3-2009 by L.L. No. 3-2009]
(3)
Restaurants with or without drive-in windows.
[Amended 8-3-2009 by L.L. No. 3-2009]
(4)
Retail businesses.
(5)
Research laboratory.
(6)
Light industry.
(7)
Radio or television stations or studios and/or transmitting or receiving
antennas.
(8)
Medical service facilities.
(9)
Nursing homes.
(10)
Adult homes.
(11)
Motels, hotels.
(12)
Commercial towers and facilities in accordance with § 285-35.
[Amended 3-17-1997 by L.L. No. 3-1997]
(13)
Accessory buildings and uses.
(14)
Day-care facilities.
(15)
Facilities for the delivery of natural gas service, other than
containerized natural gas, to the local community. Such facilities
shall not include those designed for exploration for natural gas deposits,
extraction of same from the earth or activities related thereto.
[Amended 3-17-1997 by L.L. No. 3-1997; 12-3-2012 by L.L. No.
8-2012]
(16)
Facilities necessary for the provision of electrical service
to the local community.
[Added 3-17-1997 by L.L. No. 3-1997]
(17)
Facilities, necessary for the provision of telephone service
to the local community.
[Added 3-17-1997 by L.L. No. 3-1997]
(18)
Facilities, necessary for the provision of cable television
service to the local community.
[Added 3-17-1997 by L.L. No. 3-1997]
(19)
Self-storage facility.
[Added 2-4-2019 by L.L.
No. 3-2019]
(20)
Emergency services facility.
[Added 8-21-2023 by L.L. No. 4-2023]
The Town Board shall establish P-R, P-RC, P-MH and P-E Districts
in the following manner:
A.
The owner of the land in a proposed district shall apply to the Town
Board for the establishment of a planned district. The application
shall be in writing and shall include a preliminary development plan
consisting of the following:
(1)
A description of the proposed planned district and proof of the applicant's
ownership of the land included in the district.
(2)
A proposed site plan, showing proposed building locations, land use
areas, contours and the intended character of use.
(3)
Proposed traffic circulation and access plans, parking areas and
pedestrian walks.
(4)
Proposed landscape plan.
(5)
Proposed construction sequence for buildings, landscaping and other
uses.
(6)
Proposed building elevations, materials and dimensions.
(7)
Plans for sewer, water, drainage facilities.
(8)
Such other information as may be required by the Town Board or Planning
Board.
(9)
The preliminary plan shall be accompanied by an explanatory text.
B.
The Town Board shall submit the plan to the Planning Board, which
shall review the proposal. The Planning Board shall, after review,
communicate its preliminary approval, approval subject to revision
or disapproval to the applicant in writing. If the Planning Board
approves, or approves subject to revision, the Planning Board shall
authorize the applicant to submit to the Planning Board a development
plan. The Planning Board may also permit the applicant to submit plans
for any subdivision of property necessary to carry out the proposed
planned development. Subdivision review can occur concurrently with
the review of the development plan, although final approval of the
subdivision will not occur until the Town Board has approved the zone
change to the requested planned district.
C.
The development plan shall be prepared by an architect or engineer
licensed by the State of New York. It shall include the following:
(1)
A survey of the property to be included in the planned district,
showing existing features of the property, including contours, buildings,
trees over four inches in truck diameter, streets, utility lines,
easements, rights-of-way and existing land use.
(2)
A site plan, with final contours, showing proposed building locations
and land uses.
(3)
Traffic circulation and access plan, showing parking areas and pedestrian walks. Parking areas shall conform to § 285-30 provisions, except that the Town Board may modify such provisions if modification will improve the proposed plan.
(4)
A landscaping plan.
[Amended 4-15-2002 by L.L. No. 3-2002]
(a)
Landscaping plan, including site grading, landscaping design,
types of plantings and height. Said landscaping plan shall provide
for a buffer zone on each property line not abutting a street, planted
with at least a double row of conifer trees, at least four feet high
on six-foot centers; provided, however, that the Town Board may require
additional plantings and/or fencing. Plantings shall be properly bedded
when planted, maintained and fertilized to assure long life and growth.
All trees, fencing and plantings, together with green areas, shall
thereafter be continually maintained by the record owner(s) of the
premises. Dead plantings shall be replaced.
(b)
If the property line planting requirements of Subsection C(4)(a) herein mandating a double line of conifer trees on each property line not abutting a street are inappropriate due to specific circumstances, the Planning Board may consider an alternative landscaping design in its review of the development plan. Such alternative landscaping design must provide a unity of design, afford sufficient buffering to neighboring properties and may incorporate existing vegetation where deemed appropriate and acceptable by the Planning Board. The Planning Board may revise the listed landscaping requirements when it determines that so doing will have no detrimental impact on surrounding properties, that such revision is in keeping with the purposes set forth herein and that the applicant has provided for appropriate property line buffer zones as intended by this law. Such approval shall not diminish the Town Board's discretion to require additional plantings and/or fencing, and shall not diminish the planting and maintenance obligations of the applicant as stated elsewhere in this law and not revised herein.
(5)
Drawings for proposed buildings, including floor plans, exterior
elevations and sections.
(6)
Engineering plans of utilities, including street improvements, sewer
and drainage systems and facilities. Adequate drainage facilities
shall be installed, both during construction and after completion
of same, sufficient to protect other areas from drainage due to stormwater
and other surface water drainage, and said drainage shall be diverted
to a suitable natural or artificial water source, and such facilities
for same shall be continually maintained by the record owner(s) or
dedicated to the Town of Onondaga, as the Town Board may direct.
(7)
Engineering facility studies and such other information as may be
required by the Town Board.
(8)
Construction sequence and time schedule for completion of buildings,
landscaping and other uses.
D.
The Planning Board may approve the plan if it finds that:
(1)
The proposed uses will not be detrimental to present and potential
uses in the area surrounding the proposed district.
(2)
Existing and future highways are suitable and adequate to carry anticipated
traffic associated with the proposed district.
(3)
Existing and future utilities are or will be adequate for the proposed
development.
(4)
The development plan complies with the requirements of this chapter.
E.
Reservation of parkland.
(1)
Before the Planning Board may approve a plan containing residential
units, such plan shall also show, when required by such Board, a park
or parks suitably located for playground or other recreational purposes.
(2)
Land for park, playground or other recreational purposes may not
be required until the Planning Board has made a finding that a proper
case exists for requiring that a park or parks be suitably located
for playgrounds or other recreational purposes within the Town. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the Town based
on projected population growth to which the particular plan will contribute.
(3)
In the event that the Planning Board makes a finding pursuant to Subsection E(2) of this section that the proposed plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such plan, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
F.
When the Planning Board has approved a development plan for a proposed
district, the plan shall be filed in the office of the Town Clerk,
and the Town Board may then proceed to consider amendment of the local
law.
G.
When any planned district is not substantially developed in accordance
with the development plan for a period of three years from the effective
date of its establishment, the Town Board may amend this Zoning Local
Law in the manner provided by the Town Law so as to void the change
in classification to a planned district and rezone the area of said
planned district to the zoning classification that was in effect prior
to the date of establishment of such planned district.
[Added 5-19-2008 by L.L. No. 7-2008]
A stormwater pollution prevention plan (SWPPP) consistent with
the requirements of L.L. No. 6 of 2008, entitled "Stormwater Management,"
shall be required for all land development activities, as that term
is defined in said L.L. No. 6 of 2008.[1] The SWPPP shall meet the performance and design criteria
and standards in said L.L. No. 6 of 2008.
The following provisions are applicable to all districts and
to all uses except one-family and two-family dwellings and uses accessory
thereto:
A.
Recognizing that respect by man for his environment is essential
to man's survival and well-being; that failure to provide for proper
surface water drainage may interfere with the use and enjoyment of
property by others; and that lack of consideration for the quantity
and flow of motor vehicle traffic may result in unsafe and hazardous
conditions, it is the policy of the Town of Onondaga to control pollution
of the environment, surface water, drainage and traffic flow to the
fullest extent possible, consistent with fundamental needs of the
community.
B.
Before a building permit is issued, drawings shall be submitted to
the Town Board relating to all proposed construction and land use.
Such drawings shall include a professionally certified site plan with
contours, traffic patterns, all elevations of buildings, proposed
building materials, dimensions, sewer, water and drainage and landscape
plans, and such related information as the Town Board may require.
No building permit shall be issued until such plans have been approved
by the Town Board or its authorized representative. In order to further
the policy of the Town against strip development with unlimited access
to existing highways, the Town Board may direct the applicant to provide
drawings showing sufficient setback of proposed buildings from existing
highways to allow for parallel roads and showing prospective rights-of-way
for such roads.
C.
Before any building permit is issued, the proposed construction and
use shall be reviewed by the Town Board or its authorized representative
to determine the extent to which the proposed use will produce discharge
of wastes into air, soil or water; the extent to which such proposed
use will emit noise, light, radiation or any substance or factor detrimental
to health, safety or the environment; and the extent to which the
proposed use will affect surface water drainage and traffic flow.
No building permit shall be issued until the Town Board or its designated
agent shall have certified that:
(1)
Discharge of wastes into soil, air or water is in conformity with
state, county and Town laws, rules and regulations.
(2)
Emission of noise, light, radiation or any other substance or factor
is controlled and is within limits set by federal, state, county and
Town laws, rules and regulations.
(3)
Adequate provisions have been made to control surface water drainage.
(4)
Adequate provisions have been made to regulate the amount and direction
and flow of motor vehicle traffic.
D.
Referral to Planning Board; conditions.
[Amended 8-3-2009 by L.L. No. 3-2009]
(1)
The Town Board may, at its option, refer the site plan and related
documents to the Town Planning Board, for its review and recommendation
to the Town Board.
(2)
The Town Board, as part of its determination and review, may attach
such requirements and conditions as it deems proper to accomplish
the purposes of this section. Such conditions may be limited in time
or indefinite, as the Board may see fit.
E.
Construction and use shall be in accordance with plans finally approved
by the Town Board. No certificate of occupancy shall be granted until
such approved plans have been complied with. In addition to any other
remedies, a certificate of occupancy may be revoked by the Town Board
upon notice to the owner if the plans, conditions and limitations
which are part of the certification are not complied with for a period
of more than 10 days. Precedent to such revocation by the Board, the
Town Board shall hold a hearing to determine the facts. Written notice
of the hearing must be given no less than 10 days and no more than
30 days before the hearing date. Notice shall be complete when deposited
in an official United States mail depository, addressed to the owner
of record, with a copy addressed to the occupant at the location.
F.
A stormwater pollution prevention plan (SWPPP) consistent with the
requirements of L.L. No. 6 of 2008, entitled "Stormwater Management,"
of the Code of the Town of Onondaga shall be required for all site
plan approvals for all land development activities, as that term is
defined in said L.L. No. 6 of 2008.[1] The SWPPP shall meet the performance and design criteria
and standards in said L.L. No. 6 of 2008. The approved site plan shall
be consistent with the provisions of said L.L. No. 6 of 2008.
[Added 5-19-2008 by L.L. No. 7-2008]
[Added 9-18-2000 by L.L. No. 9-2000]
The use of property in residential districts (R-C, R-1, R-2,
R-3, P-RC, P-R and P-MH) for what for commonly termed "home occupations"
is expressly prohibited, and home occupations shall not be considered
accessory uses.
[Added 3-15-2021 by L.L. No. 1-2021]
Outdoor dining shall be permitted as an accessory use to permitted
restaurant uses, subject to the following restrictions:
A.
No live
bands, music or entertainment will be permitted in the outdoor dining
area; nor may sound be amplified from the interior of the building.
B.
Dining capacity for the restaurant use will be calculated in accordance with the off-street parking requirements set forth in § 285-33 and will incorporate both outdoor and indoor dining at full capacity.
C.
All
tables and chairs will be movable. No permanent or fixed seating is
permitted; no standing room service is permitted. Outdoor dining areas
must maintain clear apparatus paths.
D.
No outdoor
service bar is permitted; all food and beverages must be dispensed
from the interior of the restaurant and served to customers at their
tables by employees of the restaurant.
E.
The
outdoor dining space and seating must comply with the requirements
set forth in the Americans with Disabilities Act.
F.
All
overhead coverings are required to comply with the New York State
Uniform Fire Prevention and Building Code.
G.
All
exterior lighting must be of such type and location to prevent illumination
beyond the boundaries of the property upon which the outdoor seating
is located.
A.
Accessory buildings and facilities. In any district wherein a rear
yard is required, an accessory building or facility may be located
in such rear yard no closer to the rear lot line than a distance equal
to 10% of the lot width, but in no case less than five feet, and no
closer to the side lot line than would be permitted for the main building
side yard width. If the accessory building is connected to the principal
building by a breezeway or other covered connecting building, the
accessory building shall be considered part of the principal building.
B.
One-story structure in side yards. In any One-Family Residential District R-C, R-1, R-2 or R-3, a portion of a dwelling or principal structure may occupy and be constructed upon and within the area otherwise set apart and required to be used as a side yard, provided that such portion shall be no more than one story in height, and provided that there shall remain open and unoccupied 75% of the width otherwise set apart and required to be used as a side yard, and provided further that no part of a side yard, the width of which shall have been computed in accordance with § 285-27C(2) as less than otherwise required in the district in which it may be, shall be occupied by a portion of a dwelling or principal structure as permitted by this subsection.
C.
Corner lots. The minimum yard depth required on all sides of the
main structure facing a street shall be equal to the front yard setback
required within the district in which the particular corner lot is
located.
[Amended 4-3-2017 by L.L.
No. 2-2017; 9-19-2022 by L.L. No. 5-2022]
A.
Special requirements for highway vehicle service stations and convenience
stores with fuel service.
(1)
The lot area shall be not less than 20,000 square feet and have a
minimum frontage along the principal street of at least 150 feet.
(2)
No proposed fuel storage or pumping facility shall be located within
500 feet of the property line of any parcel which is not served by
public water.
(3)
All fuel pumps shall be located at least 25 feet from any street
line or 50 feet from any other lot line.
(4)
Entrance or exit driveways shall be located at least 20 feet from
any side or rear lot lines. Such driveways shall be laid out so as
to avoid the necessity of any vehicle backing across any right-of-way.
(5)
All fuel, oil, gasoline or similar substances shall be stored underground
at least 35 feet from any lot line, and tanks shall be installed and
maintained in accordance with all federal, state and local standards.
Vents must be at least 25 feet from any lot line.
(6)
No accessory buildings of any type or size are permitted at any time.
(8)
No building or accessory facility shall be closer than 50 feet to
any boundary line of a residential district.
(9)
Each site shall have a buffer zone on each lot line not abutting
a street, planted with at least a double row of conifer trees, at
least eight feet high, on six-foot centers. Plantings shall be properly
bedded when planted and thereafter maintained and fertilized to assure
long life and growth and replaced when dead.
B.
Special requirements for convenience stores with fuel service located
within the OHB District.
(1)
The main use must be related to the store and the sale of goods.
The sale of fuel must be an ancillary convenience to customers.
(2)
The convenience store shall be limited to eight fuel dispensing points.
(3)
No sale of diesel fuel shall be allowed.
(4)
Hours of operation shall be limited to the hours of 6:00 a.m. until
11:00 p.m.
(5)
No vehicle repair work shall be allowed.
(6)
No car wash or vehicle cleaning shall be allowed.
(7)
All refuse shall be stored within opaque enclosed areas, located
no closer than 50 feet from any residential property line.
(8)
No outside storage, product display or sale shall be allowed, except
for such products that are required by law to be kept outside (for
instance, propane tanks).
(9)
Lighting shall be dark sky compliant and all lighting shall be designed
to limit the potential impacts of site lighting on neighboring lands
and highways.
(10)
Sign regulations provided in § 285-34 of the Town Code for NS, NSN, Commercial and Planned Economic Districts shall apply.
(11)
Convenience store windows shall not be used for affixing additional
signage that can be seen from outside the store.
(12)
Off-street parking requirements shall be determined in accordance
with retail uses.
(13)
All requirements and criteria for convenience stores located
in the OHB District shall be considered use restrictions.
C.
Special requirements for vehicle sales located within the NS-N District.
(1)
The lot area shall not be less than 15,000 square feet and shall
have a minimum frontage along the principal street of not less than
80 feet.
(2)
No accessory structure shall be closer than 30 feet to any boundary of a residential district boundary line as measured from the nearest property line. This provision shall supersede the application of § 285-25A.
(3)
All vehicle sales shall require a principal building of at least
1,000 square feet of gross floor area located on the lot and which
shall be associated with the business, serviced with water and sewer
utilities, and include restroom facilities.
(4)
Up to one vehicle for sale may be allowed for every 750 square feet
of lot area.
(5)
An outdoor vehicle sales area shall be surfaced with an asphalt,
permeable pavement or Portland cement pavement providing an all-weather,
durable, and dustless surface and shall be graded and drained to dispose
of surface water accumulation by means of a positive stormwater drainage
system.
(6)
Vehicle parking shall be subject to the off-street parking requirements set forth in § 285-33, plus vehicle sales area storage equal to one parking space per vehicle.
(7)
All repairs and/or vehicle preparation shall be performed within
an enclosed principal building on the premises.
(8)
All storage shall be within the principal building, with the exception
of refuse and trash, which shall be stored in closed containers and
in an area screened from view at all points on any public or private
property or street when viewed from six feet above ground level.
(9)
Screening shall be provided along all lot lines abutting or adjacent to a residential district to block any view of business operations, displayed vehicles and stored material and equipment in accordance with § 285-28.
(10)
All site lighting shall be shielded and shall be designed and
located such that the maximum illumination measured at a property
line does not exceed 0.2 footcandle on adjacent residential property
and 0.5 footcandle on other adjacent property. Any light fixture within
50 feet of any residential district shall not exceed 15 feet in height.
(11)
There shall be no storage of dismantled, inoperable, or wrecked
vehicles.
(12)
Each entity engaging in vehicle sales shall, at all times, maintain
a valid New York State motor vehicle dealer's license permitting vehicle
sales operations on the premises.
[Added 11-15-2021 by L.L. No. 2-2021]
Any modification of a nonconforming element subsequent to the
enactment of this chapter and any amendment thereto, including any
addition, enlargement, alteration, structural alteration or change
in use, shall only be made subject to the following provisions:
A.
Nonconforming structures or buildings.
(1)
General maintenance and repair. Except as otherwise provided for
in this section, nonconforming structures or buildings may continue
to exist and be maintained and repaired.
(2)
Unsafe structures or buildings. Any structure or building or portion
thereto declared unsafe by a proper official of the Town may be strengthened
or restored to a safe condition.
(3)
Structural alterations.
[Amended 8-5-2002 by L.L. No. 5-2002]
(a)
General. A nonconforming structure or building may not be structurally
altered or renovated unless the owner thereof shall first apply to
the Zoning Board of Appeals and receive a special permit authorizing
such alteration or renovation. In granting such a permit, the Zoning
Board of Appeals must find that such proposed alteration or renovation
will not be detrimental to the neighborhood.
(b)
Exceptions for certain alterations and renovations. If the projected
construction cost of the alteration or renovation of a single- or
two-family residential nonconforming structure does not exceed 25%
of the assessed valuation of the structure as shown on the most current
Town of Onondaga assessment roll and the proposed alteration or renovation
does not encroach any closer to any property line that triggered such
nonconformity than the existing building or structure, then the Codes
Enforcement Officer may permit such alteration or renovation, provided
that all other Code requirements are met and further that the proposed
alteration or renovation is not considered by said Codes Enforcement
Officer to be detrimental to the neighborhood. If there is any question
or allegation as to any element of this exception, the application
must be referred to the Zoning Board of Appeals.
(4)
Restoration. Nonconforming structures or buildings may be repaired
or restored to their former condition after damage by casualty loss
or deterioration due to the elements, except where damage involves
more than 50% of the structure or building's market value as solely
determined by the Code Enforcement Officer based upon input from the
Town Assessors.
B.
Nonconforming uses.
(1)
Continuance. Except as otherwise provided herein, nonconforming uses
may continue to exist.
(2)
Extension. A nonconforming use may be expanded into any portion of a building that existed as of the time of enactment of this chapter; otherwise, a nonconforming use shall not be further expanded or extended. However, this section shall not limit the extension or expansion of a nonconforming fire station use located in the One-Family Residential District, R-1; One-Family Residential District, R-2; and One-Family Residential District, R-3, provided the extension or expansion of the use occurs within the property boundaries and site of the fire station use existing at the time of amendment of this Subsection B(2) and further provided that said extension or expansion of the nonconforming use is subject to the issuance of a special permit as provided in § 285-39.
[Amended 1-7-2019 by L.L.
No. 1-2019]
(3)
Conversion. No nonconforming use, if changed to a conforming use,
shall thereafter be changed back to a nonconforming use.
(4)
Restoration. The provisions of Subsection A(4) regarding repair and restoration of a damaged nonconforming structure or building shall apply to a conforming structure or building containing a nonconforming use.
(5)
Discontinuance. Whenever a nonconforming use of a building, structure
or land has been discontinued for a period of one year, such use cannot
be reestablished.
C.
Nonconforming lots.
(1)
Modified yard requirements. The minimum lot width and area regulations
herein set forth shall not apply to any lot having an area and/or
width and/or depth less than that prescribed in this chapter, provided
that such lot was designated and shown on a subdivision plat filed
and recorded in the office of the Onondaga County Clerk or Town Clerk
of the Town of Onondaga subsequent to September 1, 1971, and prior
to the effective date of this chapter.
(2)
Nonconforming lot sizes. Whenever there shall have been legally created,
prior to September 1, 1971, or as a result of transfer prior to said
date, a lot of lesser width than required by the terms of this chapter
for the district in which it is located, the minimum side yard width
of such lot shall be proportionate to the side yard width otherwise
required within such district, as the width of such lot is proportionate
to the minimum lot width otherwise permitted in such district.
B.
The requirements are as follows:
(1)
Side and rear yards. Along any lot line of a nonresidential use lot
adjoining a residential district there shall be provided a yard of
at least 50 feet, and there shall be provided and maintained within
such yard and along such lot line a buffer of not less than 15 feet
between dissimilar uses (i.e., retail and residential) to separate,
protect, conceal and maintain the character of the adjoining residential
zone free from the persons, activities and traffic which may result
from the activities permitted in such nonresidential districts. Such
buffer shall consist of a combination of trees (both deciduous and
evergreen), shrubs, ground covers, elevation changes (berms), and/or
fences, consistent with the guidelines set forth below, so as to be
dense enough to provide protection to neighboring sites from light
and noise migration from all adjacent points in the residential district
when viewed from eight feet above ground level. Landscaping plans
must be approved by the Town Board. Plantings shall be properly bedded
when planted and thereafter maintained and fertilized to assure long
life and growth, and plantings required for nonresidential uses shall
be replaced if they die. Guidelines:
[Amended 9-19-2022 by L.L. No. 5-2022]
(a)
A landscaped buffer between dissimilar uses must be continuous in
all cases.
(b)
Fences or walls shall be largely opaque.
(c)
Berms may be included and shall have side slopes no greater than
1:4. Berms shall be organically shaped and variations in elevation
along its length are encouraged.
(d)
The type and extent of plantings, and the height of fencing and walls,
required for buffer yards may be adjusted upward to be proportionally
greater for increased degrees of incompatibility among adjacent land
uses.
(e)
Design shall preserve existing natural features and trees of six
inches or more in caliper while serving to safely and efficiently
allow for the intended use of the property in a manner compatible
with adjoining properties.
(f)
Erosion control plans shall be incorporated into all landscape plans.
(g)
The landscaped buffer shall be placed entirely on the nonresidential
use lot.
(2)
Front yards. Where the frontage is partly in a residential and partly
in a nonresidential use district, the setback requirement of the residential
district shall apply to the nonresidential frontage.
Notwithstanding any other requirements governing the depth of
front yards, when 50% or more of the lot frontage within 300 feet
on each side, and in the same zoning district as the proposed structure,
is occupied by buildings, the front yard depth for a structure shall
be established by the average depth of the front yards of the structures
within the above-described area.
No building height limit regulations contained in this chapter
shall restrict the height of the following buildings or structures:
A.
Barns, silos and other agricultural buildings.
B.
Church spires, cupolas, domes, belfries, clock towers or flagpoles.
C.
Chimney flues, elevator or stair bulkheads or water tanks.
D.
Commercial radio or television towers, transmission lines or towers
as otherwise approved under the terms of this chapter.
B.
The following streets, roads and highways located within the Town
shall be considered "collectors":
(1)
Abbey Road.
(2)
Beef Street.
(3)
Bussey Road.
(4)
Cedarvale Road.
(5)
Cleveland Road.
(6)
Corporal Welch Road.
(7)
Griffin Road.
(8)
Harris Road.
(9)
Howlett Hill Road.
(10)
Kasson Road.
(11)
LaFayette Road.
(12)
Makyes Road.
(13)
McDonald Road.
(14)
Sentinel Heights Road.
(15)
Split Rock Road.
(16)
Velasko Road.
(17)
Young Road.
C.
Setback requirements. For any arterial and collector streets, roads
and highways, an additional setback requirement equal to 15 feet shall
apply, as measured from the street, road or highway right-of-way line,
above and beyond any setback requirement of the specific underlying
zoning district involved.
[Amended 8-7-2017 by L.L.
No. 5-2017]
D.
Lot width. The following minimum lot width requirements, measured
at the front yard setback line, shall apply and supersede any lesser
lot width requirements for lots fronting on a designated arterial
or collector that would otherwise apply in any specific zoning district:
F.
Exceptions; application. For lots which meet any of the conditions listed below, the minimum lot width requirements specified in Subsection D of this section shall be 100 feet.
G.
Reverse fronting subdivisions. For subdivisions proposed or which
may result in four or more lots fronting on a designated arterial
or collector street, road or highway, the Town Planning Board shall
consider and may require that such subdivision be designed and constructed
with interior access roads so that there will be no direct vehicular
access from any such lots onto said arterial or collector street,
road or highway.
[Amended 8-3-2009 by L.L. No. 3-2009]
[Added 3-19-2001 by L.L. No. 5-2001]
A.
Purpose. The Town Board hereby makes the following statements of
purpose with respect to the establishment of special West Seneca Turnpike
Corridor design overlay requirements in the Town of Onondaga:
(1)
To encourage and promote the public health, safety and general welfare
of the citizens of the Town, including the development and coordination
of municipal growth and services.
(2)
To supplement land use regulation to encourage the most appropriate
use of land throughout the West Seneca Turnpike Corridor, lessen traffic
congestion and accidents, secure safety from fire, provide light and
air, prevent the overcrowding of land, avoid undue concentration of
population, promote a coordinated development of the unbuilt areas
and conserve and restore natural beauty and other natural resources.
(3)
To encourage originality, flexibility, innovation in site planning
and development, including the architecture, landscaping and graphic
design of proposed developments in relation to surrounding areas.
(4)
To discourage monotonous, drab, unsightly, dreary and inharmonious
developments, minimize discordant and unsightly surroundings and visual
blight and avoid inappropriate and poor quality design.
(5)
To promote orderly growth, protect and enhance property values and
other environmental and aesthetic considerations which generally enhance
rather than detract from standards and values of the comfort and prosperity
and the preservation of natural beauty and other natural resources,
which are the proper concern of local government, and to promote and
enhance construction and maintenance practices that will tend to enhance
environmental and aesthetic quality.
(6)
To aid in assuring that structures, signs and other improvements
are properly related to their sites and the surrounding sites and
structures, with due regard to the aesthetic qualities of the natural
terrain and landscaping and that proper attention is given to exterior
appearances of structures, signs and other improvements.
(7)
To protect and enhance the West Seneca Turnpike Corridor's pleasant
environments for living and working and thus support, stimulate and
promote the desirability of investment and occupancy in business and
other properties.
(8)
To stabilize and improve property values and prevent blight to help
provide an adequate tax base to the Town to enable it to provide required
services to its citizens.
(9)
To foster civic pride and community spirit by reason of the Town's
favorable environment and thus promote and protect the peace, health
and welfare of the Town and its citizens.
(10)
Preserve the mixed business/residential character of this area
of the Town.
(11)
To provide certain criteria and guidelines for development in
the West Seneca Turnpike Corridor in order to preserve its unique
character.
(12)
To preserve the aesthetic qualities of the West Seneca Turnpike
Corridor and to give it a "hamlet" or "village" feel.
B.
West Seneca Turnpike Corridor design overlay requirements; application.
(1)
Application; designation.
[Amended 3-2-2009 by L.L. No. 1-2009]
(2)
The provisions of this section are intended to address design criteria
only and are in addition to any zoning district regulations, review
criteria or approvals otherwise required.
(3)
Scope.
(a)
The Planning Board shall review all applications for site plan
approval, special permit uses, variances and subdivisions, prior to
any final action by the board of primary jurisdiction for such actions,
in order to assure compliance with this section.
(b)
The Planning Board shall be authorized to develop expanded and/or
additional review criteria and forward their recommendation for the
consideration of the Town Board.
(c)
In reviewing any application pursuant to this section, the Planning
Board may waive any of the criteria set forth herein when it finds
that so doing will have no detrimental impact on surrounding properties
or the West Seneca Turnpike Corridor or on the public health, safety
and welfare and that such waiver is in keeping with the purposes set
forth herein.
(d)
The "board of primary jurisdiction" shall be the Board of the
Town (Town Board, Zoning Board of Appeals or Planning Board) charged
with consideration of the application (site plan, special permit,
variances and subdivisions) under the Town's local laws, rules and
regulations.
C.
Approval required.
(1)
Planning Board review in accordance with the provisions of this section
is mandatory.
(2)
No approval by any board of primary jurisdiction shall be given for
projects requiring Planning Board review hereunder until the Planning
Board has completed its review of such application and has offered
its recommendations pursuant to this section.
(3)
No permit or approval shall be issued for any development or projects
requiring Planning Board approval hereunder until the Planning Board
has completed its review of such application and has offered its recommendations
with regard to the proposed development or project.
(4)
Any approval granted by a board of primary jurisdiction absent compliance
with this section shall be null and void and of no effect.
(5)
The Planning Board shall render its recommendation to the board of
primary jurisdiction within 45 days of its receiving a complete application.
D.
Criteria. Among the criteria the Planning Board should consider in
making its recommendation to the board of primary jurisdiction are
the following:
(1)
Site design objectives.
(a)
Sites should be developed in a coordinated manner to complement
adjacent structures through placement, architecture, colors and size/mass.
(b)
Whenever possible, buildings on the same site should be clustered
and incorporate plazas, courtyards, pocket parks and other pedestrian
use areas.
(c)
Sites should be designed to avoid the appearance of domination
by automobiles. Positive methods to achieve this concept include:
[1]
Orienting buildings to fronting streets and placing parking
at the rear and/or sides.
[2]
Designing the required parking area into smaller, discrete,
connected lots rather than large, single-use lots.
[3]
Providing well-defined pedestrian walkways through parking areas
and from public sidewalks into the site. Well-defined walkways use
pavers, changes in color, texture and composition of paving materials
and vertical plantings such as trees and shrubs. The minimum width
of walkways shall be five feet.
[4]
Parking areas shall be designed to be partially screened from
view from adjacent streets and building occupants. Screening can be
accomplished through a number of methods, including:
[5]
All measures should be designed to accomplish the intended screening
while allowing adequate safety and surveillance of the parking areas.
(d)
Where appropriate, site plans shall be designed to provide vehicle
and pedestrian connections with adjacent sites.
(e)
To the extent practical, all new utilities should be installed
underground.
(2)
Building design objectives.
(a)
No single architectural style is required. However, reliance
on or use of standardized "corporate or franchise" style is strongly
discouraged. No flat roofs.
(b)
Buildings should reflect an individual design that has considered
site location, conditions and surrounding development. Building design
should provide a sense of permanence and timelessness. High-quality
construction and materials should be used to ensure that buildings
will not look dated or worn down over time. Building designs should
reflect an individual style and form and not merely current trends.
(c)
A consistent visual identity shall be applied to all sides of
buildings visible to the general public. In these areas, all building
sides shall have an equivalent level of quality of materials, detailing
and window placement. Abrupt ending of architectural details shall
be avoided with no radical change in details or features or materials.
(d)
Long blank walls are to be avoided. Positive methods to achieve
this objective include changes in colors and materials, placement
of windows, use of awnings and canopies and architectural details
and features such as corners, setbacks and offsets. Windows at ground
level may be tinted; however, reflective and mirrored windows are
not allowed.
(e)
Buildings facing streets shall incorporate pedestrian-scaled
entrances. Pedestrian-scaled entrances are those that provide an expression
of human activity or use in relation to building size. Doors, windows,
entrances and other features should be designed to respond to the
size of the human body and not give the appearance of anonymity or
overwhelming the building's users.
(f)
Modulation (defined as a measured setback or offset in a building
face) shall be incorporated to reduce overall bulk and mass of buildings.
The planes of exterior walls should not run in one continuous direction
more than 50 to 60 feet without an offset or setback.
(g)
Large buildings should have height variations to give the appearance
of distinct elements.
(h)
Building design shall incorporate traditional building materials
such as wood, masonry, stone, heavy timbers, brick and other natural-appearing
materials.
(i)
Building colors should accent, blend with or complement surroundings.
Bright or brilliant colors should be reserved for trim and accents.
(j)
Landscape areas or planting beds having a minimum width of five
feet should be provided around perimeters to separate buildings from
surrounding pavement areas.
(k)
Outdoor storage areas, mechanical equipment, utility vaults
and trash receptacles must not be visible from adjacent streets and
pedestrian walkways.
(l)
Outdoor mechanical equipment shall be appropriately screened
from view and sound to adjoining properties. The method of screening
shall be architecturally integrated with the building with respect
to materials, color, shape and size.
(m)
Site services should be located on the least visible side of
a building or site or within interior building spaces.
(n)
Ground-level outdoor enclosures shall be composed of materials
similar to the main structure.
(o)
Materials used for site features such as fences, screen walls
and signs should be appropriate to the zone district where the development
is located and should complement building design through materials,
color, shape and size.
(p)
Developments should provide transition with adjacent uses, especially
regarding building location, size and scale. No single building or
development should dominate adjacent uses in terms of size, bulk,
view blockage or shading.
(3)
Sign objectives.
(a)
Building signs.
[1]
Individual letters rather than cabinet signs are preferred.
[2]
Backlit individual letters are a preferred alternative.
[3]
Sign colors should be coordinated with building colors.
[4]
Signs should be compatible in scale and proportion with building
design and other signs.
[5]
A specific sign program or concept should be designed for multiple-tenant
buildings or complexes. Color and letter style shall be coordinated
when businesses share the same building, and consistent sign patterns
(placement on buildings) shall be utilized.
[6]
Exposed neon tubes are acceptable for nonletter sign elements,
but are discouraged for letters.
[7]
Sign size shall be consistent with the regulations contained
in the "Town of Onondaga Zoning Law of 1994," as amended.
[8]
Monument structure is preferred over pole-mounted signs; maximum
total height of 10 feet.
[9]
Wood construction is preferred.
(4)
Landscaping objectives.
(a)
Landscaping should provide unity of design through repetition
of plants and coordination with adjacent developments.
(b)
Landscape materials should be hardy species that are adaptable
to local conditions, easily maintained and drought-tolerant. Use of
native plants is strongly encouraged.
(c)
The design for parking areas shall include deciduous and evergreen
trees to provide shade and break up expanses of asphalt. One tree,
a minimum of two- to three-inch caliper at the time of planting, shall
be required for every two to four parking spaces. There should be
no more than 10 spaces between landscape islands or medians.
(d)
Landscape islands or medians shall have no dimension narrower
than four to five feet.
(e)
Interior landscaping is required for parking lots containing
10 or more spaces at a ratio of 20 square feet of landscape area for
every 100 square feet of parking area. All landscaped areas should
be protected by wheelstops or curbing, or be of sufficient width to
prevent damage to plants by overhanging vehicles.
(f)
Existing vegetation should be incorporated into overall site
design and preserved to the maximum extent possible, especially in
front yards.
(g)
Required perimeter setback areas shall be densely landscaped
with a combination of trees and shrubs, which form a 90% ground cover
within three years of planting.
(h)
For every 20 square feet of landscape area: three shrubs and
either one deciduous tree, two- to three-inch caliper at time of planting,
or one evergreen tree, having a minimum height of 10 feet at the time
of planting. Tree spacing shall be as follows:
(i)
Interior site landscaping is required to define pedestrian ways,
enclose outdoor gathering and seating areas and reduce building mass.
(j)
Architectural features such as low walls, fountains and sculptures
may be used in places where planting areas are limited or restricted.
(k)
Project entrances should be enhanced through changes in paving
materials such as brick payers, textured and colored concrete, providing
entry structures and unity in planting of trees and shrubs.
(l)
Individual trees along walkways and along sidewalks in the internal
portions of projects should be planted in tree wells or planter boxes.
(m)
Open stormwater detention facilities should be incorporated
into project landscaping and open space where geographically feasible.
(n)
Open stormwater detention facilities shall be landscaped and
screened.
(5)
Lighting objectives.
A.
Method of determining off-street parking space requirements.
(1)
The requirement for a simple use (e.g., a one-family dwelling or
a retail store) shall be determined directly from the schedule of
such requirements which is a part of this section.
(2)
The requirements for a combination use made up of several component
uses (e.g., a retail store combined with an office building) shall
be determined by establishing the requirements for each component
use from the schedule of such requirements, which is a part of this
section, and adding them together.
(3)
A garage or carport may be used to meet the requirements of this
section. A driveway may only be used to meet the requirements of this
section where it serves a one-family dwelling.
(4)
Uses which require approval by the Board of Appeals may be required
to provide off-street parking spaces in excess of the requirements
of this section.
(5)
When a particular use is specifically set forth in this chapter as a permitted use, but such permitted use is not specified in Subsection C of this section, then the Board of Appeals shall determine the number of off-street parking spaces required for such unspecified use, in line with the overall purposes and intent of this chapter.
[Amended 12-3-2012 by L.L. No. 8-2012]
B.
Need for additional parking or garage facilities. Whenever in a building,
either heretofore or hereafter erected, there is a change in use or
an increase in floor area or in any other units of measurement specified
in this section, increasing the required off-street parking or garage
facilities, off-street parking and garage facilities shall be provided
to the extent of the additional requirements made necessary by such
change or increase.
C.
Schedule of off-street parking and garage space requirements.
(1)
Residential uses.
|
Uses
|
Number of Spaces
|
|---|---|
|
Adult home
|
1 per each 3 residents, plus 1 per each 2 employees on the premises
at any one time
|
|
Day-care facilities
|
One space for each employee, plus 1 for every 5 children
|
|
Fraternity houses or sorority houses
|
1 per bed or 1 per 3 seats in dining facility, whichever is
the greater
|
|
Multiple dwellings
|
2 1/4 per dwelling unit
|
|
One- and two-family dwelling units and townhouses
|
2 per dwelling unit
|
|
Rooming houses or dormitories
|
1 per bed
|
(2)
Nonresidential uses.
[Amended 9-19-2022 by L.L. No. 5-2022]
|
Uses
|
Number of Spaces
| |
|---|---|---|
|
Animal hospitals and dog kennels
|
1 per 200 square feet of gross floor area
| |
|
Auditoriums, churches, gymnasiums, convention halls, theaters,
dance halls or other places of public not otherwise classified
|
1 per 3 permanent seats or 1 per each 40 square feet of stadia,
public area where fixed seating is not provided; assembly where benches
or pews are provided, each 20 inches shall be counted as 1 seat
| |
|
Banks
|
1 per 100 square feet of gross floor area
| |
|
Funeral homes
|
1 per 40 square feet of public room floor area
| |
|
Highway vehicle service stations, public garages or highway
vehicle repair shops
|
Sufficient parking spaces for all vehicles being serviced at
any one period of time, plus a minimum of 5 additional spaces
| |
|
Hospitals
|
1 per bed plus 1 per each 2 employees on the premises at any
one period of time
| |
|
Hotels, motels
|
1 per guest bedroom, plus 1 per each 2 employees on the premises
at any one period of time
| |
|
Industry, manufacturing, research, laboratory, warehousing and
distribution
|
A minimum of 2 spaces per 3 employees on the premises at any
one time, but in no case less than 2 spaces
| |
|
Medical offices
|
1 per 100 square feet of office floor area
| |
|
Nursing homes
|
1 per each 4 beds, plus 1 per each 2 employees on the premises
at any one time
| |
|
Offices or office buildings
|
1 per 150 square feet of office floor area
| |
|
Public or private institutions of higher education and public
or private elementary and secondary schools; vocational schools
|
1 per employee, plus 1 per each 3 students in the 12th grade
or above, or the parking requirements for the auditorium or gymnasium
component of the use, whichever is the greater
| |
|
Recreation, indoor:
| ||
|
Athletic clubs or centers
|
1 per each 2 employees, plus 1 per each 4 persons based upon
the maximum capacity of all facilities capable of simultaneous use
as determined by the Code Enforcement Officer
| |
|
Bowling alleys
|
4 per alley
| |
|
Pool or billboard parlor
|
3 per table
| |
|
Skating rinks
|
1 per 100 square feet of gross floor area
| |
|
Other indoor recreation
|
1 per each employee, plus 1 per each 3 persons capable of simultaneous
use as determined by the Code Enforcement Officer
| |
|
Recreation, outdoor:
| ||
|
Miniature golf facilities
|
2 per hole, plus 1 per employee
| |
|
Outdoor driving ranges
|
1 per driving tee, plus 1 per employee
| |
|
Other
|
1 per every 2 participants at maximum capacity as determined
by the Code Enforcement Officer
| |
|
Restaurants
|
1 per 3 seats
| |
|
Retail businesses
|
1 per 150 square feet of gross floor area
| |
|
Shopping centers:
| ||
|
0 to 50,000 square feet of gross leasable floor area
|
1 per each 150 square feet of gross floor area
| |
|
50,000 to 150,000 square feet of gross leasable floor area
|
333 spaces, plus 1 per each 165 square feet of gross floor area
in excess of 50,000 square feet
| |
|
150,000 to 400,000 square feet of gross leasable area
|
937 spaces, plus 1 space per each 250 square feet of gross floor
area in excess of 150,000 square feet
| |
|
400,000 square feet of gross leasable area or more
|
5 parking spaces per 1,000 square feet of gross floor area
| |
|
Trucking terminals
|
Sufficient parking spaces for all trucks stored or being serviced
at any one time, plus 1 per employee on the premises at any one time
| |
|
Other commercial enterprises
|
1 per 300 square feet of gross floor area
| |
D.
General requirements.
(1)
The provisions of this subsection shall apply to off-street parking
areas for all uses other than one- or two-family dwellings or townhouses
and shall apply to the construction of new parking areas and the alteration
of existing parking areas, including but not limited to the paving
of same.
(2)
No off-street parking area shall be constructed, expanded or altered
until the proposed construction and use of same has been reviewed
and approved by the Town Board or its authorized representative. The
Town Board may require that drawings, maps and plans relating to the
proposed construction and use be submitted in order to assist the
Board in its review. These may include a professionally certified
site plan with contours, landscaping and screening plan, traffic circulation
plan, plans for lighting, drainage and snow removal, and such other
documents and information as the Town Board shall deem necessary.
(3)
In reviewing the proposed construction and use of off-street parking
areas, the Town Board shall give consideration to traffic patterns
and volume, the safety of pedestrians and persons residing in the
vicinity of the parking area, noise and air pollution, surface water
drainage and aesthetics and may impose such requirements and conditions
as it deems necessary to protect and promote the health, safety and
welfare of the people of the Town of Onondaga as well as their property
and the general environment.
(4)
The Town Board may require that the off-street parking areas be constructed
in such a manner as to include the following physical improvements:
paving, curbs, sidewalks, drainage facilities, lighting and natural
and artificial screening. All off-street parking areas shall be constructed
in such a manner as to include the following design requirements unless
modified by the Town Board:
(a)
Accessory off-street parking areas shall be marked off into
parking spaces with a minimum width of nine feet measured perpendicular
to the side lines and a minimum length of 20 feet within such parking
space.
(b)
All aisles within parking areas shall have a minimum width of
24 feet when the parking spaces are at a ninety-degree angle with
the driveway; 18 feet when the parking spaces are at 60°; and
12 feet when the parking spaces are at 45°.
(c)
Aisles and turning areas shall have adequate radii to assure
ease of mobility, ample clearance and convenient access and egress.
(d)
Off-street parking areas, including parking spaces, turning
areas and aisles, shall have gradients of 3% or less.
E.
Access driveway requirements.
(1)
Every nonresidential entrance or exit driveway shall have a minimum
unobstructed width of 20 feet.
(2)
No entrance or exit driveway serving a nonresidential use in a nonresidential
zoning district shall be constructed through an adjoining residential
zoning district.
(3)
In cases where an entrance or exit driveway provides egress from
or entry onto a county or state highway, the design and location of
this driveway shall conform to the established standards of the applicable
state or county Department of Transportation.
F.
Parking of commercial vehicles. No commercial vehicle shall be parked
on any premises or on any public street in the Town, except temporarily
for the purpose of and while actually engaged in loading or unloading
merchandise or passengers or except within a garage, for any period
of time between 8:00 p.m. and 8:00 a.m. For purposes of this subsection
only, the term "commercial vehicles" shall exclude tractors, semitrailer
and other devices used exclusively for agricultural purposes and parked
on premises being actively and exclusively used as a farm, and shall
further exclude the parking of "commercial vehicles" on property upon
which a business is legally situated and in connection with which
such commercial vehicle is owned and used.
[Amended 11-2-2009 by L.L. No. 6-2009]
[Amended 10-1-2007 by L.L. No. 8-2007; 12-6-2010 by L.L. No.
9-2010]
A.
Legislative intent. It is the purpose of this section to provide
standards for the regulation of the height, size, location, appearance
and maintenance of signs and other advertising devices in the Town
of Onondaga for the purpose of:
(1)
Promoting the public health, welfare and safety of the inhabitants
of the Town of Onondaga.
(2)
Promoting public safety.
(3)
Protecting and enhancing property values and neighborhood character.
(4)
Creating a more attractive economic and business climate.
(5)
Enhancing the scenic and natural beauty of the Town of Onondaga.
(6)
Providing a more enjoyable and pleasing community and preserving
and improving the appearance of the Town of Onondaga as a place to
live and work.
(7)
Reducing sign distractions and obstructions to motorists and pedestrians
that may contribute to traffic accidents.
(8)
Encouraging safe signing practices.
(9)
Providing more open space.
(10)
Curb the deterioration of natural beauty and community environment
while also permitting businesses and professionals to make use of
signage that is important to their individual and collective successes.
(11)
Preventing excessive and confusing sign displays.
B.
Schedule of permitted signs.
(1)
No sign or other device for advertising purposes, whether new or
existing, shall be erected, established or altered in any district
in the Town except in conformity with the provisions of this section.
(2)
The following schedule of number and type of permitted signs shall
apply to all premises according to the district in which it is located
on the Zoning Map.
(b)
Neighborhood Shopping, Neighborhood Shopping Nedrow, Commercial
and Planned Economic districts.[1]
(e)
Onondaga Hill Business District (OHBD)
[Added 3-18-2019 by L.L.
No. 4-2019]
C.
General provisions for all signs.
(1)
The surface area of a sign shall be determined by the total area
that encompasses all of the letters or symbols which make up the content
of the sign, together with any border and/or background of a different
color or material. Double-sided signs will be treated as single-sided
signs for the purposes of sign area calculations.
(2)
In no case shall lighted signs be so located that they constitute
a hazard to vehicular traffic.
(3)
The outlining by direct illumination of all or part of a building,
such as a cable, roof, wall, side or dormer, shall be prohibited.
(4)
Temporary or permanent signs resting on or attached to vehicles shall
not be used as a means to circumvent the provisions of this section.
(5)
No person, firm or corporation shall erect, post, or maintain any
sign within the right-of-way of a street or highway; no portion of
any sign shall extend into such right-of-way.
(6)
Signs prohibited in all districts:
(a)
Flashing, oscillating or revolving signs.
(b)
Signs which unreasonably illuminate neighboring properties.
No sign shall produce illumination in excess of one footcandle at
a distance of four feet. No illumination shall cause direct light
rays to cross any property line. All permanent outdoor lights, such
as those used for area lighting or building floodlighting, shall be
steady, stationary, shielded sources directed so as to avoid causing
a hazard to motorists, pedestrians, or causing direct light rays in
neighboring properties. The marginal increase in light, as measured
at any property line other than a street line, shall not exceed one
footcandle.
(c)
Animated signs. An animated sign is a sign or any portion thereof
having movement effected by mechanical or natural means, including,
by way of illustration and not limitation, rotating signs, wind signs
and signs where movement is simulated by illumination devices. This
term shall include the use of blinking, flashing and general intermittent
light, as opposed to light of a constant intensity and value. This
term shall also specifically include signs which contain electronic
messages that change, flash or revolve more than once in a twelve-hour
period. All time and/or temperature devices shall not be considered
animated, whether or not they contain or are incorporated into a sign.
(7)
Maintenance.
(a)
All signs shall be maintained in good condition and in accordance
with all requirements of this section.
(b)
All signs, including their illumination sources, shall be erected,
placed and maintained in a state of good and safe repair at all times
and shall comply with all building codes, including, if applicable,
the Electrical Code.
(c)
Signs shall not be allowed to continue in an unkempt, blistered
or faded condition, and the area immediately surrounding said signs
shall be kept clear of all untended vegetation and debris so as to
comply with the intent of this section.
(d)
Unsightly, damaged or deteriorated signs and signs in danger
of falling shall be repaired or removed.
(8)
Signs, abandoned, obsolete or in disrepair. A sign which: is not
used for 12 successive months; no longer serves an on-going business;
or is in a state of disrepair shall be deemed abandoned and shall
be dismantled and removed from the property at the expense of the
property owner. Failure to abide by and faithfully comply with this
section or with any and all conditions that may be attached to the
granting of any permit shall constitute grounds for the revocation
of the permit by the Town. In addition, failure to remove an obsolete
or unused sign in accordance with this section shall be a violation
of this section. In addition to all other remedies available under
the Zoning Code, if said abandoned sign is not dismantled and removed
within three months of abandonment, the Town may dismantle and remove
said sign and the cost of removing the sign shall be a lien on the
property and added to the property owner's tax bill.
D.
Provisions applicable to specific signs.
(1)
Professional signs.
(a)
General: Signs may be double-faced and may be exterior-lighted
by shielded floodlights such that there is no glare or distraction
to drivers on nearby roads or glare onto adjoining properties. Except
in Residential and Country R-C, Residential R-1, R-2 and R-3, Planned
Residential and Planned Residential Community Districts, signs may
be interior lighted with nonglaring lights.
(b)
Surface area: two square feet maximum.
(c)
Height: six feet, maximum dimension, grade to top of sign.
(d)
Location: affixed to building wall or freestanding in front
yard with setback of 15 feet, minimum dimension, from all property
lines.
(2)
Announcement signs.
(a)
Announcement signs for churches or other places of worship,
fire stations, and emergency service facilities.
[Amended 9-19-2022 by L.L. No. 6-2022]
[1]
General: Signs may be double-faced and may be exterior-lighted
by shielded floodlights such that there is no glare or distraction
to drivers on nearby roads or glare onto adjoining properties. Except
in Residential and Country R-C, Residential R-1, R-2 and R-3, Planned
Residential and Planned Residential Community Districts, signs may
be interior lighted with nonglaring lights.
[2]
Surface area: 12 square feet maximum.
[3]
Location: affixed to building wall or freestanding in front
yard with setback of 15 feet, minimum dimension, from front property
line and 25 feet, minimum dimension, from other property line.
(3)
Tract name designation signs.
(a)
General: Signs may be double-faced and may be exterior-lighted
by shielded floodlights such that there is no glare or distraction
to drivers on nearby roads or glare onto adjoining properties. Intermittent
or flashing lights and moving or animated signs or their components
are prohibited.
(b)
Location: 20 feet, minimum distance, from street line.
(c)
Surface area: 32 square feet, maximum.
(4)
Identification signs.
(a)
General: Signs may be double-faced and may be interior-lighted
with nonglaring lights or may be exterior-lighted by shielded floodlights
such that there is no glare or distraction to drivers on nearby roads
or glare onto adjoining properties. Intermittent or flashing lights
and moving or animated signs or their components are prohibited.
(b)
All districts, where permitted.
[1]
Wall-mounted identification signs.
[a]
Location: affixed to building wall.
[b]
Surface area: two square feet, maximum area, per
horizontal lineal foot dimension of building wall surface; maximum
length to be 75% of horizontal lineal dimension of building wall surface.
[c]
Depth: one foot maximum from sign surface area
to surface of building wall.
[d]
Projection: no projection above top of building
wall and no extension into space beyond building wall.
[2]
Ground identification sign.
[a]
Front yard: 20 feet, minimum dimension, from front
property line.
[b]
Side yard: must meet the general setback requirements
in the underlying district.
[c]
Surface area: 32 square feet maximum.
[d]
Height: 18 feet, maximum dimension, grade to top
of sign; must not exceed the horizontal dimension as measured from
sign location to any property line.
[e]
Clearance: three feet, minimum open space, grade
to bottom of sign.
(c)
Light Industrial Districts.
[1]
The proposal for signs shall be submitted to the Town Board.
In the case of proposed new buildings, the proposal shall be submitted
concurrently with the information and documents submitted in connection
with the application for a building permit.
[2]
The proposal shall include all signs on the premises, including
traffic directional signs, and shall contain complete details submitted
in scale drawing form with specifications.
(5)
Shopping center designation signs.
(a)
General: Signs may be double-faced and may be interior-lighted
with nonglaring lights or may be exterior-lighted with nonglaring
lights or may be exterior-lighted by shielded floodlights such that
there is no glare or distraction to drivers on nearby roads or glare
onto adjoining properties. The proposal shall include all signs on
the premises, including traffic directional signs, and shall contain
complete details submitted in scale-drawing form with specifications.
(b)
Submittal: The proposal for signs shall be submitted to the
Town Board. In the case of proposed new buildings, the proposal shall
be submitted concurrently with the information and documents submitted
in connection with the application for a building permit.
(c)
Maximum height: 25 feet.
(d)
Size: maximum size allowed as set forth below:
|
Size of Center
(square feet)
|
Size of Sign
(square feet)
| |
|---|---|---|
|
Under 50,000
|
50
| |
|
50,000 to 500,000
|
100
| |
|
Over 500,000
|
120
|
(6)
Temporary signs:
(a)
General: includes real estate development or construction signs
and subdivision signs. Signs must be ground mounted; signs may be
double-faced, but may not be lighted.
(b)
Surface area: 12 square feet maximum, except 32 square feet
maximum on plus five-acre site.
(c)
Termination: such real estate or construction signs, including
subdivision signs, shall be removed at the termination of the selling
or construction period.
(d)
Extension of time: Temporary directional signs indicating the
location of a real estate subdivision shall be permitted on approval
of the Board of Appeals for periods of one year during the active
selling of subdivision properties. Additional periods of one year
shall be the subject of a further application to the Board of appeals.
(7)
Off-premises signs:
(a)
General: The total square footage of any off-premises sign may
not exceed 450 square feet per sign side. Off-premises signs may be
exterior-lighted by shielded floodlights such that there is not any
glare or distraction to drivers on adjoining highways or neighboring
properties and may be lit by no more than four halogen lamps. Each
halogen lamp may not exceed 400 watts. If lit by any other type of
lighting mechanism (i.e., LED), the equivalent lumens may not be exceeded.
(b)
No off-premises sign or portion thereof shall have a height
which exceeds 35 feet above the street or highway elevation to which
they are oriented.
(c)
Setbacks.
[1]
All off-premises signs shall be set back from all property lines,
public road rights-of-ways and power lines a distance equal to at
least 110% of the height of said off-premises sign.
[2]
No off-premises sign shall be permitted within 500 feet of any
other off-premises sign.
[3]
No off-premises sign shall be permitted within 500 feet of any
school, religious institution, or park.
[4]
Notwithstanding the foregoing, if the property upon which the
off-premises sign is located is bounded by a New York State highway
or highway right-of-way, the above-referenced setback requirements
shall not be applicable to said property boundary. Rather, the Department
of Transportation requirements for setbacks shall solely govern the
setbacks from relative to said highway boundary and highway signs.
As to all other boundaries, the above-referenced setback requirements
shall remain applicable.
[5]
All setback requirements required hereunder shall be measured
from the base of the pole of the off-premises sign, measured from
the base of the pole closest to the boundary line or other item being
set back from.
[6]
Additional setbacks may be required based upon specific circumstances
in order to provide for the public safety, health and welfare.
(d)
All applicable required county, state and federal (e.g., New
York State Department of Transportation) permits or approvals, if
any, shall be the responsibility of the applicant and must be obtained
before construction of an off-premises sign may be commenced.
(f)
No off-premises sign may be placed within 500 feet of any intersection,
if such off-premises sign would, by use or simulation of colors, design
or placement, tend to confuse, detract from or in any manner obstruct
the utilization of traffic regulatory devices. All determinations
of this type shall be made by the Codes Enforcement Officer, who shall
consider, but not be limited to, the following aspects of such off-premises
signs:
[1]
The use of words such as "stop," "go," "look," "caution," "danger,"
"warning," and similar nomenclature.
[2]
The use of colors and lights in the spectrum of colors utilized
for traffic regulatory devices.
[3]
The use of blinking, intermittent, flashing or other animated
forms of illumination or light and all sources of illumination which
through direct or indirect means create glare.
(g)
Off-premises signs shall not flash, oscillate or revolve, either
physically or electronically. Time and/or temperature devices are
allowed, provided that they shall not change/flash more than once
every 15 seconds.
(h)
All off-premises signs are subject to the general restrictions
for signs as set forth in this chapter, as applicable.
E.
Approval process for signs.
(1)
Permit required. A permit must be obtained from the Codes Enforcement
Officer for any sign which is 25 square feet or less in size.
(2)
Site plan approval. In addition, no sign in excess of 25 square feet
shall be erected, placed, replaced, removed, relocated, repaired,
altered, modified or maintained unless and until site plan approval
is granted by the Town of Onondaga Town Board, either in conjunction
with general project or approval or as a separate application, in
accordance with this section.
(a)
Exceptions. No site plan approval shall be required for the
following:
(b)
Procedure. Prior to the erection or structural repair of any
sign requiring a site plan, the applicant shall apply to the Town
Board of the Town of Onondaga for a site plan approval and shall include
the following:
[1]
The name, address, and telephone number of the owner of the
property and the person, firm or corporation erecting or maintaining
the sign.
[2]
A plot plan or survey of the parcel, showing the location of
the building, structure or lot to which or upon which the sign is
to be attached or erected.
[3]
The type, size, location and a rendering or drawing of the sign.
[4]
Two copies of the plans and construction specifications of the
sign and the structure for attachment to the building or ground.
[5]
Certified drawings from a New York State certified engineering
certifying that the structure is designed for dead load and wind pressure
in any direction in the amount required by this section and/or the
New York State Uniform Fire Protection and Building Code or any other
similar code for a similar-sized sign.
[6]
Any electrical permit required and issued for the sign.
[7]
Filing and processing fee in the amount set by the Town Board
of the Town of Onondaga by resolution, from time to time.
[8]
Such other and further information as the Town Board of the
Town of Onondaga may deem reasonably necessary to ensure compliance
with this section.
(c)
Findings. As a prerequisite to the approval of any site plan
approval for any off-premises sign, in addition to any other restrictions
applicable thereto, the following findings shall be made:
[1]
The proposed sign in not in conflict with the general prohibitions
contained in this law.
[2]
The proposed sign will not have any adverse impact upon the
character or integrity of any land use having a unique cultural, historical,
geographical, or architectural significance.
[3]
The proposed sign will not adversely affect the character of
a district in close proximity within which such signs would be prohibited.
[4]
The proposed sign will not hide, obstruct or in any way shield
other signs from view.
[5]
The proposed sign is otherwise compatible within the context
of its visual and physical environment within the district in which
the sign is proposed; in making this determination, consideration
shall be given to existing and allowable land use activities within
the subject district and also to the scale of structures located within
close proximity.
[6]
The proposed sign is compliant with all applicable New York
State rules and regulations regarding the control of outdoor advertising.
(d)
Criteria. In making a determination as to compliance with any
one or more the findings prescribed above, consideration shall be
given but need not be limited to the following criteria:
[1]
Size, bulk and mass.
[2]
Texture and materials.
[3]
Colors.
[4]
Lighting and illumination.
[5]
Orientation and elevation.
[6]
General and specific location.
[7]
Proximity to streets and highways.
[8]
Design, including size and character of lettering, logos and
related content.
[9]
Background or field, including the skyline.
[10]
Character of structural members.
[11]
Animation.
[12]
Frequency and nature of all general and business
signs and official regulatory signs and devices which are in the immediate
field of vision.
[13]
Land use and zoning.
(e)
Power to impose conditions. In granting any site plan approval,
the Town Board may impose conditions to the extent that such reviewing
authority concludes that such conditions are necessary to minimize
any adverse effect of the proposed sign on neighboring properties.
(f)
Technical consultants. The Town Board may retain technical consultants
as it deems necessary to provide assistance to the review of the site
plan application for an off-premises sign. The applicant shall bear
all reasonable costs associated with such consultation which shall
be assessed as an additional application fee.
F.
Enforcement. In addition to any other relief available to the Town, including any penalties or fines applicable pursuant to § 285-41 of this chapter, the Codes Enforcement Officer is authorized to remove any sign erected in violation of this chapter. All costs and expenses incurred by the Town for such removal shall be initially paid out of Town funds and shall be charged to and reimbursed by the person, firm or corporation erecting the sign, or, if such reimbursement cannot be obtained by the Town, shall be charged to and reimbursed by the owner of the property on which the sign is erected and collected in the manner provided by law or shall be assessed against the land on which said sign is or was located.
[Amended 3-17-1997 by L.L. No. 3-1997]
A.
Commercial television and radio towers or facilities. Towers or facilities
for transmitting or receiving any signal, broadcast or communication
as part of a business (other than commercial mobile services) or as
part of a commercial television, AM radio or FM radio enterprise may
be erected, altered or used only in a Planned Economic District and
may be so erected, altered or used only upon findings by the Town
Board that such structure or use, together with such conditions and
safeguards it may impose, is necessary for the public convenience;
that such structure or use is not detrimental to the public health,
safety or welfare; and that the location proposed therefor is appropriate.
Towers or facilities used exclusively for the broadcast or communication
of official law enforcement, fire control or medical emergency matters
are exempt from this provision.
B.
Commercial mobile service facilities. No commercial mobile service
facility shall hereafter be located, constructed, erected, changed,
altered, used or added to except in conformity with the following
provisions.
(1)
Findings.
(a)
While the federal government has regulated the commercial mobile
service industry, it has reserved to local governments the power to
regulate such uses with regard to placement, construction and other
related issues.
(b)
Local governments may not exclude such uses or unreasonably
discriminate among providers of functionally equivalent services.
(c)
According to federal law, local governments may not regulate
such uses on the basis of radio frequency radiation (RFR).
(d)
The technology underlying commercial mobile service requires
that transmitting facilities be located in proximity to one another,
as low frequency signals are passed from one service cell to another,
in relay fashion.
(e)
The Town has an interest in minimizing the number of towers
that are located within its borders.
(f)
The installation of tower structures can have an aesthetically
detrimental impact upon surrounding properties, especially in residential
areas.
(g)
In many cases, antennas mounted on existing structures can provide
the same level of commercial mobile service with minimal or no aesthetic
impacts upon neighboring uses.
(h)
Where the construction of new towers is necessary in order to
provide commercial mobile services, often it is possible to house
more than one such provider on a given structure, thus reducing the
proliferation of new tower construction.
(2)
Purpose.
[Amended 12-2-2013 by L.L. No. 2-2013]
(a)
The Town acknowledges the need, demand and national policy supporting
the availability of commercial mobile services to the public. At the
same time, the Town recognizes the valid concerns and interests its
residents have in the aesthetic enjoyment of their homes and properties.
The purpose of these provisions relating to commercial mobile services
is to provide for the health, safety and welfare of the residents
of the Town, to encourage the location of commercial mobile service
towers, to the extent they are needed, in nonresidential areas of
the Town, to encourage the shared use of existing and new towers as
a means of reducing the overall need for towers in the Town, to minimize
the adverse impacts of commercial mobile service facilities located
in the Town and to balance the sometimes competing needs of such uses
and their neighbors while at the same time accommodating the public
interest in and demand for such services.
(b)
The Middle Class Tax Relief and Job Creation Act of 2012 (hereinafter
referred to as the "Tax Relief Act") in effect mandates that notwithstanding
Section 704 of the Telecommunications Act of 1996 or any provision
of law, a state or local government may not deny, and shall approve,
any request relating to an eligible facility for a modification of
an existing wireless tower or base station that does not substantially
change the physical dimensions of such tower or base station. A request
relating to an eligible facility, in accordance with the Tax Relief
Act, means any request for modification of an existing wireless tower
or base station that involves:
(c)
A request relating to an eligible facility for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall only be the subject of an administrative review by the Town’s Code Enforcement Officer, notwithstanding the requirements of § 285-23 of this Code. Such administrative review shall not require a public hearing, but the applicant shall be subject to all other provisions and application fees of this chapter, except where otherwise indicated. All of the following sections of this chapter shall remain in full force and effect when the request is being handled by such administrative review.
(3)
Approvals required for commercial mobile service facilities.
(a)
Antennas and accessory equipment related thereto, other than
towers, are permitted in all use districts in the Town, provided that
they are placed on existing structures 30 feet or more in height,
other than one-family and two-family dwellings, subject to the following:
[1]
Located in nonresidential zoning districts and 20 feet in antenna
height or less: site plan approval.
[2]
Located in nonresidential districts and in excess of 20 feet
in antenna height: special use permit.
[3]
Located in residential districts: special use permit.
[4]
A request relating to an eligible facility for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall only be the subject of an administrative review by the Town’s Code Enforcement Officer, notwithstanding the requirements of § 285-23 of this Code.
[Added 12-2-2013 by L.L. No. 2-2013]
(b)
Towers and accessory equipment related thereto are permitted
only in Planned Economic (P-E) and Light Industrial (LI) districts,
subject to the following:
[Amended 5-2-2011 by L.L.
No. 2-2011]
[1]
Towers, 150 feet in height or less: site plan approval.
[2]
Towers, over 150 feet in height, but not greater than 200 feet
in height: special use permit.
[3]
A request relating to an eligible facility for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall only be the subject of an administrative review by the Town’s Code Enforcement Officer, notwithstanding the requirements of § 285-23 of this Code.
[Added 12-2-2013 by L.L.
No. 2-2013]
(4)
General guidelines and requirements.
(a)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use or an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot. For purposes of determining whether
the installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements and other such lot and building requirements,
the dimensions of the entire lot shall control, even though such antenna
or tower may be located on leased parcels within such lots.
(b)
Nonconforming uses. Towers that are constructed and antennas
that are installed in accordance with these provisions shall not be
deemed to constitute the expansion of a nonconforming use or structure.
(c)
Proof of compliance with other laws.
[Amended 5-19-1997 by L.L. No. 4-1997]
[1]
All commercial mobile service facilities must meet or exceed
all applicable federal, state and local laws, rules and regulations,
including but not limited to any rules, standards or regulations of
the FCC and the FAA. If such standards, rules, laws or regulations
are changed or amended, at any time in the future, then the owners
of such facilities shall bring those facilities into compliance with
such revised regulations within six months of the effective date of
such changes or amendments, unless a more restrictive compliance schedule
is mandated by the controlling agency, in which case, the more restrictive
compliance schedule will apply.
[2]
The operator of any commercial mobile service facility sited
within the Town of Onondaga shall submit certification on an annual
basis, signed by a New York State licensed professional engineer,
verifying that such facility is in compliance with all applicable
federal, state and local radio frequency radiation (RFR) emission
standards. Such annual certification shall be delivered to the Town
Codes Enforcement Officer during the month of December of each calendar
year. This requirement shall be considered an implied condition to
any site plan, special permit and/or use variance granted for such
facilities.
(d)
Compliance with building codes. The owner of any commercial
mobile service facility shall locate, construct, erect, use and maintain
such facility in accordance with all applicable building codes.
(e)
Height restrictions. The building height restrictions otherwise
applicable in the zoning use district in which a commercial mobile
service facility is located shall not apply to facilities approved
in accordance with these regulations. When measuring structure height
in connection with antennas on existing structures, height shall be
measured from the mean elevation at finished grade to the highest
point of the existing structure. When measuring antenna height in
connection with antennas mounted on existing structures, such height
shall be measured from the point of such existing structure at which
the antenna is mounted to the highest point of the antenna.
(f)
Maximum tower height. In no event shall any tower exceed a height
of 200 feet. Tower height shall be measured from the average elevation
at grade level to the highest point of the tower structure, including
all antennas and accessory equipment attached thereto.
(g)
Tower inspections. Towers shall be inspected annually on behalf
of the tower owner by a licensed professional engineer for structural
integrity and continued compliance with these regulations. A copy
of such inspection report, including findings and conclusions, shall
be submitted to the Town Codes Enforcement Officer no later than December
31 of each calendar year.
(h)
Tower design preference. Whenever feasible, tower construction
shall be of a "monopole" design.
(i)
Maintenance and repair; hours. All commercial mobile service
facilities shall be maintained in good order and repair. Routine maintenance
and repair shall be conducted between the hours of 7:00 a.m. and 7:00
p.m., Monday through Friday, except for emergency repairs which may
be undertaken at any time with prior notice to the Town Codes Enforcement
Officer.
[Amended 5-19-1997 by L.L. No. 4-1997]
(j)
Existing structures. By way of illustration, existing structures,
as referred to in these regulations governing the siting of commercial
mobile service facilities, shall include but not be limited to signs,
church spires, belfries, cupolas, domes, monuments, water towers,
preexisting tower structures, windmills, chimneys, smokestacks, buildings,
utility towers, clock towers, silos, barns or other agricultural buildings,
steeples, radio or television towers and commercial parking lot light
poles.
(k)
Restriction, multiple towers. No more than one tower may be
permitted on any parcel of land.
(l)
Tower separation. A minimum radius of 2,000 feet must be maintained
between any proposed tower and any existing tower, whether located
in the Town of Onondaga or in any adjacent municipality.
(5)
Aesthetics and design standards.
(a)
Fencing. The base of any tower and anchors on guyed towers shall
be surrounded by an opaque security fence eight feet in height. Such
fence shall enclose the base of the tower as well as any and all accessory
equipment and structures used in connection therewith.
(b)
Landscaping. All commercial mobile service facilities located,
installed or constructed at ground level, including towers, tower
anchors, accessory structures to towers or antennas or fencing surrounding
such uses, shall be visually screened from adjoining residential properties
and public rights-of-way by one row of native evergreen shrubs or
trees capable of forming a continuous hedge of at least six feet in
height within two years of planting. Additional vegetative screening
may be required as needed in order to minimize adverse visual impacts
on neighboring properties. Existing on-site vegetation shall be preserved
to the maximum extent possible and no cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place prior to the appropriate site plan or special permit
review and approval. Such landscaping shall be preserved, maintained
and replaced as needed.
(c)
Signs. Signs shall not be permitted on commercial mobile service
towers, antennas or related accessory facilities except for signs
displaying owner contact information and safety instructions. Such
signs shall not exceed five square feet in surface area.
(d)
Lighting. Commercial mobile service facilities shall not be
artificially lighted unless so required by the FAA. If lighting is
so required, the lighting alternatives and design used shall be the
minimum mandated by the FAA.
(e)
Utility connections. All utility connections to commercial mobile
service facilities shall be installed beneath the ground surface.
(f)
Color.
[1]
Towers. Towers shall either be maintained with a galvanized
finish, painted gray or, subject to any FAA restrictions, be painted
a neutral color, so as to reduce visual obtrusiveness.
[2]
Antennas. Antennas and accessory equipment installed on existing
structures shall be painted a color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
[3]
Accessory structures located at ground level. Accessory equipment
and structures (other than towers) located at ground level shall be
painted neutral colors that will blend with their natural surroundings
to the maximum extent possible.
(g)
Tower access and parking. A road and parking for one vehicle
shall be provided in order to assure adequate emergency and service
access. Maximum use of existing roads and drives shall be made and
at all times ground and vegetation disturbance shall be minimized.
(h)
Antennas affixed to the face of existing structures. Antennas
affixed to the face of existing structures may not protrude in excess
of five feet horizontally between the antenna and the existing structure
face.
(i)
Commercial mobile service towers shall be designed to provide
for co-location (use) by at least three providers, or designed so
that they can be retrofitted to accommodate at least three providers
unless such co-location is not feasible as demonstrated by competent
engineering or technical proof.
[Amended 5-19-1997 by L.L. No. 4-1997]
(j)
Accessory equipment located on building roofs. Any accessory
equipment located on building roofs shall be located so as not to
be seen or minimize visibility from ground level.
(k)
System connections. Where technologically feasible, connections
between commercial mobile service facilities and the system of which
they are a part shall be made by use of land line cable rather than
by parabolic or dish antennas. When such antenna links are technologically
necessary, they shall be located, painted and otherwise situated so
as to minimize visual impacts. In no case shall the diameter of such
an antenna exceed six feet.
(l)
Tower setbacks. Towers shall not be located closer than 200
feet to the nearest residential property line. In all other cases,
towers shall be set back from adjoining properties a distance equal
to at least the height of such tower.
(m)
Visibility. All commercial mobile service facilities shall be
sited, located and designed so as to have the least possible practical
visual impact on the environment and surroundings.
(6)
Factors and considerations in granting special use permits for commercial mobile service facilities. The following factors and considerations shall be considered by the Zoning Board of Appeals in reviewing applications for special use permits related to commercial mobile service facilities in addition to the standards and findings required in § 285-39:
(a)
The applicant must demonstrate that location of the commercial
mobile service facility, as proposed, is necessary to meet the frequency
reuse and spacing needs of the applicant's system and to provide adequate
service and coverage to the intended area.
(b)
The applicant must demonstrate that all reasonable measures
have been taken to minimize the visual impacts of the proposed facilities.
(c)
Additional standards and factors to be considered in reviewing
special use permits relating to towers.
[1]
Height of the proposed tower.
[2]
Proximity of the proposed tower to residential structures and
residential district boundaries.
[3]
Nature of uses on adjacent and nearby properties.
[4]
Surrounding topography.
[5]
Surrounding existing tree coverage and foliage.
[6]
Design of the proposed tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness.
[7]
Proposed ingress and egress to site.
[8]
Alternatives analysis. The applicant must demonstrate that no
existing structure, tower or alternative technology that does not
require the construction of a new tower can accommodate the applicants
coverage and service needs. Evidence submitted to demonstrate that
no such alternative is reasonably available may consist of the following:
[a]
No existing towers or structures are located within
the geographic area (search ring) which meet the applicant's engineering
requirements.
[b]
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
[c]
Existing towers or structures do not have sufficient
structural strength or space to support applicant's proposed needs.
[d]
The applicant's proposed antenna would cause electromagnetic
interference with the existing or planned antennas on the existing
towers or structures or that such existing or planned antennas would
cause such interference with the applicant's antenna.
[e]
The existing tower or structure owner is unwilling
to provide access or the fees, costs or contractual provisions required
by the owner of the existing tower or structure in order for the applicant
to co-locate on such tower or structure are unreasonable. Costs exceeding
new tower construction are presumed to be unreasonable.
[f]
The applicant demonstrates that there are other
limiting factors that render existing towers or structures unsuitable.
[g]
There is no governmental (federal, state or local)
property available to the applicant within the geographic area (search
ring) which will meet the applicant's engineering requirements.
[Added 5-19-1997 by L.L. No. 4-1997]
(7)
Application materials and supporting documentation.
(a)
The following information shall be submitted in support of any application (site plan, special permit, variance) for a commercial mobile service facility. This information is required in addition to any other information or documents required under sections of the Town's Zoning Law pertaining to site plan review (§ 285-23), special use permits (§ 285-39) or variances (§ 285-39):
[1]
Full application on forms provided by the Town.
[2]
Environmental assessment form (EAF), including a visual environmental
assessment form (VEAF).
[3]
The make and model of the planned facility.
[4]
The manufacturer's design data pertaining to installation.
[5]
The applicant's maintenance and inspection schedule.
[6]
Identification of the effects such facility will have on other
existing communication facilities in the vicinity.
[7]
A safety analysis and certification by a licensed professional
engineer that the proposed facility will be in compliance with all
applicable FAA and FCC laws and regulations.
[8]
Proof of the site owner's consent, if the applicant is not the
owner of the site on which the applicant seeks to locate a commercial
mobile service facility.
[9]
Inventory of existing sites. Each applicant shall provide an
inventory of its existing tower sites within the Town or within one
mile of the border thereof, including specific information regarding
the height, location and design of each tower facility. The Town may
share this information with other applicants without representing
or warranting that such sites are available or suitable.
[10]
A site plan. An applicant seeking approval for siting a commercial mobile service facility shall submit a site plan in conformance with § 285-23 of the Town's Zoning Law which, in addition to the items required to be shown thereunder, shall include the following items.
[a]
The exact location of the proposed facility, including
any mounting devises, appendages, support structures and accessory
equipment, storage cabinets or other materials used in connection
therewith.
[b]
The location of all structures on the site.
[c]
The maximum height, each, of the proposed facility
and any structure on which it is proposed to be affixed.
[d]
The location, type and intensity of any lighting.
[e]
Property boundaries, adjacent uses and zoning classifications.
[f]
Names and addresses of adjacent property owners,
as contained in public records.
[g]
Landscaping and screening plan including existing
vegetation.
[h]
Location and nature of utility services and connecting
land line.
[i]
Location and nature of access.
[j]
Details showing compliance with these regulations.
(b)
Additional submission requirements for towers.
[1]
Identification and description of any anticlimb device.
[2]
A report from a licensed professional engineer which describes
the tower, including its height and design, demonstrates the tower's
compliance with applicable structural standards and describes the
tower's capacity, including the number and types of antennas it can
accommodate.
[3]
A legal description (metes and bounds) of the site on which
the tower is proposed to be located.
[4]
The site plan shall also show distances between the proposed
tower structure and structures on adjoining properties within 500
feet, together with the names and addresses of all property owners
within 500 feet of the boundary of the property on which the tower
is proposed, as contained in public records.
[5]
A drawing of the proposed tower, including any proposed attachments,
accessory equipment, cabinets or other items used in connection therewith.
[6]
Identification and location of any commercial mobile towers
located within the Town or within one mile of the Town, regardless
of ownership.
[7]
As-built drawings, within 30 days after completion of tower
construction.
(8)
Removal of unused towers, demolition bond. An applicant for a special
use permit to construct a commercial mobile service tower shall agree
to remove such tower and related facilities if it becomes obsolete
or ceases to be used for its intended purpose for a period of 12 consecutive
months. If there are two or more users of a single tower, then this
provision shall not become effective until all users cease using the
tower. The Board of Appeals shall require the applicant to provide
a demolition bond or other security acceptable to the Town for the
purpose of removing such facilities in case the applicant fails to
do so as required above.
(9)
Fees.
[Amended 5-19-1997 by L.L. No. 4-1997; 12-2-2013 by L.L. No.
2-2013]
(a)
An applicant for site plan approval, for a special permit or
for administrative review of an eligible facility pertaining to a
commercial mobile service facility shall submit a nonrefundable fee,
as established from time to time by resolution of the Town Board,
to reimburse the Town for the costs of reviewing such application.
(b)
During the Code Enforcement Officer's administrative review
as well as review by any board, the Code Enforcement Officer or board
may retain an expert to help determine questions that arise, including
but not limited to whether a facility is eligible or whether there
is substantial change. No initial deposit for a consultant or expert
is necessary until and after such time that the Code Enforcement Officer
or Board determines that consultants and/or experts are necessary.
At such time, the Code Enforcement Officer or Board will set the initial
deposit at an amount not to exceed $7,500. The initial deposit will
be maintained as a separate escrow amount. Depleted escrow accounts
shall be replenished when necessary. The applicant shall pay the difference
to the Town of any cost of the consultant/expert services not covered
by the escrow monies. Any monies remaining in the escrow account after
conclusion of the review process shall be refunded to the applicant.
(10)
Exemptions. The following are exempt from the provisions of
this chapter:
(a)
Commercial mobile service facilities located on Town of Onondaga
property.
(b)
Private, noncommercial television and radio antennas.
(c)
Routine repairs and maintenance of commercial mobile services
facilities may be undertaken without restriction, provided that such
routine repairs and maintenance activity is conducted between the
hours of 7:00 a.m. and 7:00 p.m., Monday through Friday.
[Amended 5-19-1997 by L.L. No. 4-1997]
(d)
Law enforcement, fire control, E911 and medical emergency facilities.
(e)
Emergency repairs to commercial mobile service facilities at
any time, provided that prior notice is given to the Town Codes Enforcement
Officer.
[Added 5-19-1997 by L.L. No. 4-1997]
(11)
Waivers. In approving a site plan or special use permit, the
Board of Appeals or the Town Board, as the case may be, may waive
any of the provisions of these regulations when it finds that doing
so will have no detrimental impact on surrounding properties or on
the public health, safety and welfare and that such waiver is in keeping
with the purposes herein set forth.
(12)
Power to impose conditions. In granting any site plan approval
or special use permit for a commercial service facility, the Board
of Appeals or the Town Board, as the case may be, may impose conditions
to the extent that such Board concludes that such conditions are necessary
to minimize any adverse effect of the proposed tower on neighboring
properties.
(13)
The applicants agree, to the extent permitted by the law, to
at all times defend, indemnify, protect, save, hold harmless, and
exempt the Town, officials of the Town, its officers, agents, servants,
and employees, from any and all penalties, damage, or charges arising
out of any and all claims, suits, demands, causes of action, or award
of damages, whether compensatory or punitive, or expenses arising
therefrom, either at law or in equity, which might arise out of, or
are caused by the construction, erection, modification, location,
products, performance, operation, maintenance, repair, installation,
replacement, removal, or restoration of a telecommunications facility
within the Town. With respect to the penalties, damages or charges
referenced herein, reasonable attorneys’ fees, consultants’
fees and expert witness fees are included in those costs that are
recoverable by the Town.
[Added 12-2-2013 by L.L.
No. 2-2013]
C.
Satellite dish antennas.
(1)
Findings.
(a)
Satellite antennas can be visually bulky and unsightly due to
their shape, opacity and size, particularly in residential areas.
Satellite antennas, because of their mass, are often more noticeable
than other antennas.
(b)
The desire to obtain maximum signals with as little interference
as possible may, without regulation, lead satellite antenna owners
to place antennas in inappropriate locations aesthetically and/or
in unsafe locations.
(c)
The size, construction and mounting specifications of some larger
satellite antennas can render them subject to falling over and to
severe wind loadings, necessitating attention to installation to avoid
injury to persons and property.
(d)
Satellite antennas, when ground mounted, can be an attractive
site for children to climb.
(e)
The visual impact of larger satellite antennas in residential
areas is more significant than in commercial or business areas because
building size is smaller and land use is less dense in residential
areas than in commercial/business areas.
(2)
Purpose. The purposes of this subsection are as follows:
(a)
To permit reception of satellite transmissions while minimizing
the potential for adverse safety and aesthetic impacts of such uses.
(b)
To diminish the visual impact of satellite antennas.
(c)
To encourage safety in the placement of satellite antennas so
as to avoid injury to persons and/or property in the area.
(d)
To facilitate aesthetic integration of satellite antennas and
radio antennas into overall building and/or lot design.
(3)
No satellite dish antenna shall be erected, constructed, installed
or permitted unless a building permit is issued by the Town of Onondaga
Codes Enforcement Officer.
(a)
The application for a building permit shall, in addition to
all other requirements, contain a plot plan sketch showing the proposed
location of the dish on the applicable lot. The sketch plan shall
show the dimensions, height, color and design of the dish. In addition,
the sketch shall show all natural and proposed screening of the dish.
(b)
Dimensions. Any satellite dish antenna located with the Town
of Onondaga shall not exceed 12 feet in any dimension, height, width
or depth. All measurements of height shall be taken from the base
at ground level to such satellite dish's full vertical position. Measurements
shall include all attachments, supports, guy wires and other equipment
attached to or being a part of the antenna.
(c)
Location. No more than one satellite dish antenna shall be located
on any lot. All satellite dish antennas shall be installed at ground
level. No rooftop siting or mounting is permitted. All such antennas
shall be located in the rear yard of the owner's property at least
10 feet from the side and rear lot lines or at a distance equal to
the height of the antenna plus six feet, whichever is greater. When
measuring side and rear setbacks, all cables, guy wires or other supports
shall constitute a part of the antenna. The natural grade of the land
may not be altered in any manner so as to provide a greater elevation
for the satellite dish antenna.
(d)
Screening. The owner of any satellite dish antenna shall install
screening to prevent the dish from being visible from roadways or
neighboring residences, insofar as is reasonably practical, without
materially impairing or interfering with reception. Screening may
include natural and existing screening such as trees or residences.
(e)
Standards.
[1]
All installations shall be in compliance with the manufacturer's
instructions and erected in a good and workmanlike manner.
[2]
All satellite antennas and the construction and installation
thereof shall conform to applicable electrical, fire prevention and
building codes.
[3]
All satellite antennas shall meet manufacturer's specifications,
be of noncombustible and corrosive-resistant material and be erected
in a secure, wind-resistant manner.
(4)
Special permit. In the event that an owner can demonstrate that the regulations set forth herein pertaining to the location and screening of satellite dish antennas materially prevents or impairs reception of satellite services, that owner may apply to the Town of Onondaga Zoning Board of Appeals for a special permit in accordance with § 285-39C of this chapter. In such an event, the standards set forth in § 285-39C(1) do not apply and the applicant must demonstrate the following:
(a)
The satellite dish antenna cannot be located in any location
on the owner's lot in compliance with this chapter so that reception
of signal is possible.
(b)
The location applied for in the special permit request is the
minimum deviation from this chapter needed in order to obtain reception
of a signal.
(c)
The applicant cannot receive a suitable signal with an exempt
satellite dish antenna in a more visible or unscreened location.
(d)
Alternative measures taken to minimize the visual impact to
neighbors and the public of the proposed satellite dish antenna. In
addition to other relevant factors, the Zoning Board of Appeals shall
consider the color, height, geographic restrictions, size of the lot
and density of the neighborhood in each instance.
(5)
Exemptions. The following satellite dish antennas shall be exempt
from the operation of this section:
(a)
Satellite dish antennas erected prior to the enactment of this
section.
(b)
Satellite dish antennas measuring a maximum of six feet in diameter,
located in the following use districts:
[Amended 8-3-2009 by L.L. No. 3-2009[1]]
(c)
Satellite dish antennas measuring three feet or less in diameter,
so long as such antenna structure, regardless of the zoning district
within which it is located if mounted on a building, shall not extend
to a height of more than six feet above the surface of the roof directly
beneath the antenna, nor shall such antenna structure be installed
on a portable or movable structure, such as a trailer.
[Amended 8-3-2009 by L.L. No. 3-2009]
[Added 6-2-2008 by L.L. No. 10-2008]
A.
Findings.
(1)
The Town finds that wind energy is an abundant, renewable and nonpolluting
energy resource and that its conversion to electricity will reduce
our dependence on nonrenewable energy resources and decrease the air
and water pollution that results from the use of conventional energy
sources. Wind energy systems also enhance the reliability and power
quality of the power grid, reduce peak power demands and help diversify
the state's energy supply portfolio.
(2)
The generation of electricity from properly sited wind turbines,
including small systems, can be cost effective, and in many cases
existing power distribution systems can be used to transmit electricity
from wind-generating stations to utilities or other users, or energy
consumption at that location can be reduced.
(3)
Regulation of the siting and installation of wind turbines is necessary
for the purpose of protecting the health, safety, and welfare of neighboring
property owners and the general public.
(4)
Wind energy facilities represent significant potential aesthetic
impacts because of their large size, lighting, and shadow flicker
effects, if not properly sited.
(5)
If not properly regulated, installation of wind energy facilities
can create drainage problems through erosion and lack of sediment
control for facility and access road sites, and harm farmlands through
improper construction methods.
(6)
Wind energy facilities may present a risk to bird and bat populations
if not properly sited.
(7)
If not properly sited, wind energy facilities may present risks to
the property values of adjoining property owners.
(8)
Wind energy facilities may be significant sources of noise, which,
if unregulated, can negatively impact adjoining properties.
(9)
Without proper planning, construction of wind energy facilities can
create traffic problems and damage local roads.
(10)
If improperly sited, wind energy facilities can have interference
issues with various types of communications.
B.
Purpose. The Town recognizes the increased demand for alternative
energy-generating facilities. At the same time, the Town recognizes
the valid concerns and interests its residents have in the aesthetic
enjoyment of their homes and properties. The purpose of these regulations
is to protect the community's interest in properly siting wind energy
conversion systems in a manner consistent with sound land use planning,
while also allowing private and commercial providers to meet their
power generating objectives. Moreover, the further purpose of these
regulations is to provide for the health, safety and welfare of the
residents of the Town and to balance the sometimes competing needs
of such uses and their neighbors while at the same time accommodating
the public interest in and demand for such facilities. In addition,
the purpose of these regulations is to provide standards for private
wind energy conversion systems designed for home, farm, and small
commercial use on the same parcel, and that are primarily used to
reduce consumption of utility power at that location. The intent of
these regulations is to regulate the development of wind energy conversion
systems and to protect the public health, safety, and community welfare.
C.
Approvals required for private and commercial wind energy conversion
systems and wind measurement towers.
(1)
Roof-mounted wind conversion systems.
[Amended 8-3-2009 by L.L. No. 3-2009]
(a)
Horizontal axis roof-mounted wind conversion systems are permitted
uses in all use districts in the Town, provided that they are placed
on existing structures 30 feet or more in height, other than one-family
and two-family dwellings, subject to the following:
[1]
Located in nonresidential zoning districts and 10 feet in height
or less: site plan approval.
[2]
Located in nonresidential zoning districts and in excess of
10 feet in height: special use permit.
[3]
Located in residential districts: special use permit.
[4]
Provided that in all instances, the total height of the structure
and the wind conversion system shall not exceed the overall height
allowed in the zoning district involved.
(b)
Vertical axis roof-mounted wind conversion systems are permitted
uses in all use districts in the Town, provided that if they are in
excess of 10 feet in height, a special use permit shall be required,
and provided further that no such system, together with the underlying
structure, shall exceed the overall height allowed in the zoning district
involved.
(2)
Private wind energy conversion systems are permitted uses within any zoning district upon the granting of a special use permit pursuant to the provisions of Subsection D hereinafter.
D.
Private wind energy conversion systems.
(1)
Applications. Applications for private wind energy conversion systems
shall include:
(a)
Name, address, telephone number of the applicant. If the applicant
will be represented by an agent, the name, address and telephone number
of the agent as well as an original signature of the applicant authorizing
the agent to represent the applicant.
(b)
Name, address, telephone number of the property owner. If the
property owner is not the applicant (as in the case of a tenant),
the application shall include a letter or other written permission
signed by the property owner confirming that the property owner is
familiar with the proposed applications and authorizing the submission
of the application.
(c)
Address of each proposed tower location, including Tax Map section,
block and lot number.
(d)
Evidence that the proposed tower height does not exceed the
height recommended by the manufacturer or distributor of the system.
(e)
A line drawing of the electrical components of the system in
sufficient detail to allow for a determination that the manner of
installation conforms to the Uniform Fire Prevention and Building
Code.
(f)
Sufficient information demonstrating that the system will be
used primarily to reduce consumption of electricity at that location.
(g)
Written evidence that the electric utility service provider
that serves the proposed site has been informed of the applicant's
intent to install an interconnected customer-owned electricity generator,
unless the applicant does not plan, and so states so in the application,
to connect the system to the electricity grid.
(h)
Manufacturer information for the proposed private wind energy
conversion system, including, but not limited to, the system specifications
and any available photographs of the proposed system.
(i)
Short environmental assessment form.
(j)
Any other information requested by the Zoning Board of Appeals.
(2)
Standards. All private wind energy conversion systems shall comply
with the following standards. Additionally, such private wind energy
conversion systems shall also comply with all the requirements established
by other sections of the Town's Zoning Law that are not in conflict
with the requirements contained in this section.
(a)
A private wind energy conversion system shall be located on
a lot a minimum of two acres in size.
(b)
Number of systems.
[1]
Only one private wind energy conversion system per legal lot
shall be allowed. In addition, such legal lot must include a structure
and may not be vacant land.
[2]
Notwithstanding the foregoing, up to three private wind energy
conversion systems shall be allowed on any farm actively used for
agricultural purposes upon a showing that such additional systems
are needed to generate electricity to operate such farm.
(c)
All private wind energy conversion systems shall be located
and placed in rear yards.
(d)
Setback requirements. A private wind energy conversion system
shall comply with all setbacks within the affected zone. In addition,
private wind energy conversion systems shall be set back a distance
equal to 110% of the tower height from all property lines, public
road rights-of-way and power lines. Additional setbacks may be required
by the reviewing board based upon specific circumstances in order
to provide for the public's safety, health and welfare, including
the possibility of ice thrown from the blades.
(e)
Private wind energy conversion systems shall be used primarily
to reduce the on-site consumption of electricity.
(f)
The tower height of any private wind energy conversion system
may not exceed 125 feet. The allowed tower height shall be reduced
if necessary to comply with all applicable Federal Aviation Requirements,
including Subpart B (commencing with Section 77.11) of Part 77 of
Title 14 of the Code of Federal Regulations regarding installations
close to airports. Private wind energy conversion systems shall not
be subject to height restrictions that would otherwise apply in the
zoning district in which such facility is sited.
(g)
The maximum private wind energy conversion system power output
is limited to 20 KW.
(h)
The private wind energy conversion system and blades shall be
painted a nonreflective, unobtrusive color that blends the tower and
its components into the surrounding landscape to the greatest extent
possible and shall incorporate nonreflective surfaces to minimize
any visual disruption.
(i)
The system shall be designed and located in a manner that minimizes
adverse visual impacts from public viewing areas. It shall not be
installed in any location that would create an intermittent visual
impact, substantially detract from or block the views of all or portion
of a recognized scenic viewshed, as viewed from any public road, right-of-way
or publicly owned land within the Town of Onondaga or that extends
beyond the border of the Town of Onondaga.
(j)
Exterior lighting on any structure associated with the tower
shall not be allowed except that which is specifically required by
the Federal Aviation Administration.
(k)
Private wind energy conversion systems may be designed as either
a monopole or lattice structure.
(l)
Noise. The level of noise produced during operation of the private
wind energy conversion system shall not exceed 50 dBA, as measured
at the boundaries of the closest neighboring parcels that are owned
by anyone other than the site owner, as those boundaries exist at
the time of the special permit application. The applicant will be
required to submit technical data proving such performance standard
to the satisfaction of the Zoning Board of Appeals as to this requirement.
This obligation shall be a continuing obligation with exceptions only
for short-term events such as utility outages and severe windstorms.
(m)
All power lines from the private wind energy conversion system
to on-site interconnection equipment shall be located underground
and installed by certified professionals and must meet all applicable
national, state and local electrical codes. This standard may be modified
by the decision-maker if the project terrain is determined to be unsuitable
due to reasons of excessive grading, biological impacts, or similar
factors.
(n)
Private wind energy conversion systems shall not be installed
in any location along the major axis of an existing microwave communications
operation where its operation is likely to produce an electromagnetic
interference in the link's operation.
(o)
Private wind energy conversion systems shall not be installed
in any location where its proximity interferes with existing fixed
broadcast, retransmission, or reception antennas for radio, television
or wireless phone.
(p)
The tower shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
(q)
Emergency shutdown/safety. The applicant shall post an emergency
telephone number so that the appropriate entities may be contacted
should any system need immediate repair or attention. This telephone
number should be clearly visible on a permanent structure or post
located outside the fall zone of the system. Location should be convenient
and readily noticeable to someone likely to detect a problem. Further,
no wind turbine shall be permitted which lacks automatic braking,
governing, or feathering system to prevent uncontrolled rotation,
over-speeding, and excessive pressure on the tower structure, rotor
blades, and turbine components or enclosed shelter.
(r)
All private wind energy conversion systems shall have lightning
protection.
(s)
At least one sign shall be posted on the tower at a height of
five feet warning of electrical shock or high voltage and harm from
revolving machinery. No brand names, logo or advertising shall be
placed or painted on the tower, rotor, generator or tail vane where
it would be visible from the ground, except that a system or tower's
manufacturer's logo may be displayed on a system generator housing
in an unobtrusive manner.
(t)
Towers shall be constructed to provide one of the following
means of access control, or other appropriate method of access:
(u)
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires to the anchor points
shall be enclosed by a fence six feet high or sheathed in bright orange
or yellow covering from three to eight feet above the ground.
(v)
Construction of on-site access roadways shall be minimized.
To the greatest extent possible, existing roadways shall be used for
access to the site and its improvements. Temporary access roads utilized
for initial installation shall be regraded and revegetated to the
preexisting natural condition after completion of installation.
(w)
The minimum distance between the ground and any part of the
rotor blade must be 30 feet.
(x)
All private wind energy conversion system structures shall be
designed and constructed to be in compliance with pertinent provisions
of the Uniform Fire Prevention and Building Code.
(y)
All private wind energy conversion systems shall be equipped
with manual and automatic over-speed controls. The conformance of
rotor and over-speed control design and fabrication with good engineering
practices shall be certified by the manufacturer.
(z)
No television, radio or other communication antennas may be
affixed or otherwise made part of any private wind energy system.
(3)
Abandonment of use. A private wind energy conversion system which
is not used for 12 successive months shall be deemed abandoned and
shall be dismantled and removed from the property at the expense of
the property owner. Failure to abide by and faithfully comply with
this section or with any and all conditions that may be attached to
the granting of any permit shall constitute grounds for the revocation
of the permit by the Town. In addition, failure to remove an obsolete
or unused tower in accordance with this section shall be a violation
of this article. If said abandoned private wind energy system is not
dismantled and removed within three months of abandonment, the Town
may dismantle and remove said private wind-energy conversion system
and the cost of removing the private wind-energy conversion system
shall be a lien on the property and added to the property owner's
tax bill.
(4)
Maintenance. All private wind energy conversion systems shall be
maintained in good condition and in accordance with all requirements
of this section.
(5)
Inspection. The Codes Enforcement Officer and/or Town Engineer shall
have the right at any reasonable time to enter, in the company of
the owner or his agent, the premises on which a private wind energy
conversion system is being constructed, to inspect all parts of said
private wind energy conversion system installation and require that
repairs or alterations be made if in his judgment there exists a deficiency
in the operation or the structural stability of the system. If necessary,
the Codes Enforcement Officer or Town Engineer may order that the
system be secured or otherwise cease operation. It shall not be required
that the owner or agent be present in the event of an emergency situation
involving danger to life, limb or property for the Codes Enforcement
Officer or his designee to enter the premises for purposes of inspecting
such system.
(6)
In granting the special use permit for a private wind energy conversion
system, the Zoning Board of Appeals may impose reasonable conditions
to the extent that such Board concludes that such conditions are necessary
to minimize any adverse effect or impacts of the proposed use on neighboring
properties.
E.
Commercial wind energy conversion systems (WECS).
(1)
Applications. Applications for commercial wind energy conversion
systems shall include:
(a)
Name, address, telephone number of the applicant. If the applicant
is represented by an agent, the application shall include the name,
address and telephone number of the agent as well as an original signature
of the applicant authorizing the representation.
(b)
Name, address, telephone number of the property owner. If the
property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner
confirming that the property owner is familiar with the proposed application
and authorizing the submission of the application.
(c)
Address, or other property identification, of each proposed
tower location, including Tax Map section, block and lot number.
(d)
A description of the project, including the number and maximum
rated capacity of each WECS.
(e)
A plot plan prepared by a New York State licensed surveyor or
New York State licensed engineer drawn in sufficient detail to clearly
describe the following:
[1]
Property lines and physical dimensions of the site;
[2]
Location, approximate dimensions and types of major existing
structures and uses on the site, public roads, and adjoining properties
within 500 feet of the boundaries of the proposed WECS site.
[3]
Location and elevation of each proposed WECS.
[4]
Location of all aboveground utility lines on the site or within
one radius of the total height of the WECS, including transformers,
power lines, interconnection point with transmission lines, and other
ancillary facilities or structures.
[5]
Location and size of structures above 35 feet within a five-hundred-foot
radius of the proposed WECS. For purposes of this requirement, electrical
transmission and distribution lines, antennas and slender or open
lattice towers are not considered structures.
[6]
The zoning designation of the subject and adjacent properties
as set forth in this chapter.
[7]
The boundaries of the Wind Overlay Zone, to demonstrate that
such proposed WECS is located within said Wind Overlay Zone.
[8]
To demonstrate compliance with the setback requirements of this
article, circles drawn around each proposed tower location equal to:
[9]
Location of each residential structure, both on the site and
off the site, that is located within 2,500 feet from the nearest individual
wind energy facility, as well as the specific distance from the nearest
individual wind energy facility to each residential structure.
[10]
All proposed facilities, including access roads,
electrical lines, substations, storage or maintenance units, and fencing.
(f)
Vertical drawing of the WECS showing total height, turbine dimensions,
tower and turbine colors, ladders, distance between ground and lowest
point of any blade, location of climbing pegs, and access doors. One
drawing may be submitted for each WECS of the same type and total
height.
(g)
Landscaping plan depicting existing vegetation and describing
any areas to be cleared and the specimens proposed to be added, identified
by species and size of specimen at installation and their locations.
(h)
Lighting plan showing any FAA-required lighting as well as all
other proposed lighting. The application should include a copy of
any determination by the Federal Aviation Administration to establish
required markings and/or lights for each structure that is part of
the facility, but if such determination is not available at the time
of the application, no building permit for any lighted facility may
be issued until such determination is submitted.
(i)
List of property owners, with their mailing address, within
500 feet of the boundaries of the proposed site.
(j)
Decommissioning plan. The applicant shall submit a decommissioning
plan, which shall include the following information at a minimum:
[1]
The anticipated life of the WECS;
[2]
The estimated decommissioning costs in current dollars;
[3]
How said estimate was determined;
[4]
The method of ensuring that funds will be available for decommissioning
and restoration;
[5]
The method, such as by annual re-estimate by a licensed engineer,
that the decommissioning cost will be kept current; and
[6]
The manner in which the WECS will be decommissioned and the
site restored, which shall include at a minimum, the removal of all
structures and debris to a depth of three feet, restoration of the
soil, and restoration of vegetation (consistent and compatible with
surrounding vegetation), less any fencing or residual minor improvements
requested by the landowner.
(k)
Complaint resolution. The application will include a complaint
resolution process to address complaints from nearby residents. The
process may use an independent mediator or arbitrator and shall include
a time limit, of no more than 180 days, for acting on a complaint.
The applicant shall make every reasonable effort to resolve any complaint.
(l)
An application shall include at a minimum, the following information
relating to the construction/installation of the wind energy conversion
facility:
(m)
Completed Part 1 of the Full EAF, including visual addendum.
(n)
Applications for wind energy permits for wind measurement towers
subject to this chapter may be jointly submitted with the WECS application.
(o)
For each proposed WECS, include make, model, picture and manufacturer's
specifications, including noise decibels data. Include Manufacturers'
Material Safety Data Sheet documentation for the type and quantity
of all materials used in the operation of all equipment, including
but not limited to all lubricants and coolants.
(p)
If the applicant agrees in writing in the application that the
proposed WECS may have a significant adverse impact on the environment
and submits a draft environmental impact statement (DEIS), the Town
Board shall issue a positive declaration of environmental significance.
(q)
The following information must be submitted by the applicant,
either with the application, or, in the event of a positive declaration
under SEQRA, as part of any DEIS submitted by the applicant with respect
to the application for a wind energy facility:
[1]
Shadow flicker. The applicant shall conduct a study on potential
shadow flicker. The study shall identify locations where shadow flicker
may be caused by the WECSs and the expected durations of the flicker
at these locations. The study shall identify areas where shadow flicker
may interfere with residences and/or commercial businesses and must
describe measures that shall be taken to eliminate or mitigate the
impacts of shadow flicker on such residences, including but not limited
to operational measures to stop rotation at such times when modeling
predicts that shadow flicker will impact neighboring residences.
[2]
Visual impact. Applications shall include a visual impact study
of the WECS as proposed, which should include, at a minimum, a computerized
photographic simulation demonstrating any visual impacts from strategic
vantage points, including visual impacts associated with both the
facility itself, as well as any proposed aboveground collection or
transmission components. Color photographs of the proposed site from
at least two locations accurately depicting the existing conditions
shall be included. The visual analysis shall also indicate the color
treatment of the system's components and any visual screening incorporated
into the project that is intended to lessen the system's visual prominence.
In addition, such visual impact study must address, among others,
the visual impact of any proposed facility upon United States Route
20, which has been approved for designation in the State of New York's
Scenic Byway Program. Such visual impact analysis should conform to
DEC guidelines where relevant.
[3]
Fire protection and emergency response. Applications shall include
a fire protection and emergency response plan, created in consultation
with the fire department(s) having jurisdiction over the proposed
site.
[4]
Noise assessment. Applications shall include a noise impact
assessment conducted by a reputable acoustical consultant documenting
the noise levels associated with the proposed WECS and its impact
on humans. Such noise impact assessment should be conducted in accordance
with the criteria recommended by the New York State Department of
Environmental Conservation's Program Policy guidance document entitled
"Assessing and Mitigating Noise Impacts;" utilizing adjacent property
lines as receptor locations. Such noise assessment must also describe
measures that shall be taken to eliminate or mitigate the impacts
of noise on nearby receptors.
[5]
Avian analysis. Applications shall include an avian analysis
assessing the reasonably anticipated impacts of the WECS upon bird
and bat species. The scope of such analysis should be developed in
consultation with the New York State Department of Environmental Conservation
and the United States Fish and Wildlife Service, and must at a minimum
consist of a literature survey for threatened and endangered species
and provide relevant information on critical flyways, and shall describe
the potential impacts of any proposed facilities on bird and bat species,
and an avoidance or mitigation plan to avoid or mitigate such impacts
to the extent practicable. The applicant should also identify plans
for postconstruction monitoring or studies to assess actual operational
impacts of the WECS upon birds and bats.
[6]
Property values. Applications shall include a property value
analysis prepared by a licensed appraiser in accordance with industry
standards, regarding the potential impact of values of properties
neighboring WECS sites. The applicant shall provide documentation
that the licensed appraiser is knowledgeable and skilled to provide
a competent impact of values of properties analysis that accurately
measures the effect on property values from the proposed WECS. Such
analysis should include actual data concerning the impacts of previously
constructed facilities in the State of New York on property values.
This analysis shall be presented to the Town Board for its consideration.
[7]
Electromagnetic interference. Applications shall include an
assessment of potential electromagnetic interference from the proposed
facility with microwave, radio, television, personal communication
systems and other wireless communication.
[8]
Transportation plan. Applications shall include a transportation
plan describing routes to be used in delivery of project components,
equipment and building materials and those to be used to provide access
to the site during construction. Such plan should also describe any
anticipated improvements to existing roads, bridges or other infrastructure,
as well as the measures which will be taken to restore damaged or
disturbed access routes following construction.
[9]
Groundwater impact study. Applications shall include a study
relating to the potential impacts to groundwater related specifically
to excavation and/or blasting during the construction phase of the
project.
[10]
Cultural resource study. Applications shall include
a study describing the potential impacts of the project upon cultural
resources as identified by the Town Board and NYSOPRHP. Such study
should be conducted in coordination with the New York State Office
of Parks, Recreation and Historic Preservation (NYSOPRHP). Such study
should include any follow-up study or assessment recommended in the
initial study itself, or by NYSOPRHP.
(r)
The applicant shall, prior to the receipt of a building permit,
provide proof that it has executed an interconnection agreement with
the New York Independent System Operator and the applicable transmission
owner.
(s)
A statement, signed under penalty of perjury, that the information
contained in the application is true and accurate.
(t)
In addition to the materials required in accordance with this
section, complete applications should include any additional study
or assessment determined to be required by the lead agency during
review of the project pursuant to SEQRA. No application shall be determined
to be complete until the SEQRA review with respect to such application
is concluded.
(2)
Application review process.
(a)
Applicants may request a preapplication meeting with the Town
Board, or with any consultants retained by the Town Board for application
review. Meetings with the Town Board shall be conducted in accordance
with the Open Meetings Law.
(b)
Six copies of the application shall be submitted to the Town
Clerk. Payment of all application fees shall be made at the time of
application submission. If any variances are requested, variance application
fees shall be paid at the time of the receipt of the application.
(c)
Town staff or Town-designated consultants shall, within 30 days
of receipt, or such longer time if agreed to by the applicant, determine
if all information required under this section is included in the
application. Unless the Town Board waives any application requirement,
no application shall be considered until deemed complete.
(d)
If the application is deemed incomplete, the Town Board or its
designated reviewer shall provide the applicant with a written statement
listing the missing information. No refund of application fees shall
be made, but no additional fees shall be required upon submittal of
the additional information unless the number of WECSs proposed is
increased.
(e)
Upon submission of a complete application, including the grant
of any application waiver by the Town Board, the Town Clerk shall
transmit the application to the Town Board.
(f)
The Town Board shall hold at least one public hearing on the
application. Notice shall be given by first-class mail to property
owners within 1,000 feet of each proposed WECS and published in the
Town's official newspaper, no less than 10 nor more than 20 days before
any hearing, but, where any hearing is adjourned by the Town Board
to hear additional comments, no further publication or mailing shall
be required. The applicant shall prepare and mail the Notice of Public
Hearing prepared by the Town Board, and shall submit an affidavit
of service. The assessment roll of the Town shall be used to determine
mailing addresses.
(g)
The public hearing may be combined with public hearings on any
environmental impact statement or requested variances.
(i)
SEQRA review. Applications for WECS are deemed Type I projects
under SEQRA. The Town Board may conduct its SEQRA review in conjunction
with other agencies, in which case the records of review by said communities
shall be part of the record of the Town Board's proceedings. The applicant
shall defray any costs incurred by the Town for review and consideration
of the application including, but not limited to, engineering and
legal expenses.
(j)
Upon receipt of the report of the recommendation of the County
Planning Board (where applicable), the holding of the public hearing,
and the completion of the SEQRA process, the Town Board may approve,
approve with conditions, or deny the applications, in accordance with
the standards in this section.
(3)
Standards for WECS. The following standards shall apply to all WECS,
unless specifically waived by the Town Board:
(a)
All power transmission lines from the tower to any building
or other structure shall be located underground to the maximum extent
practicable.
(b)
No television, radio or other communication antennas may be
affixed or otherwise made part of any WECS. Applications may be jointly
submitted for WECS and telecommunications facilities.
(c)
In order to minimize any visual impacts associated with wind
energy facilities, no advertising signs are allowed on any part of
the wind energy facility, including fencing and support structures.
(d)
Lighting of tower. No tower shall be lit except to comply with
FAA requirements. Minimum security lighting for ground-level facilities
shall be allowed as approved on the wind energy facility development
plan.
(e)
All applicants shall use measures to reduce the visual impact
of WECSs to the extent possible. WECSs shall use tubular towers. All
structures in a project shall be finished in a single, nonreflective
matte finished color or a camouflage scheme. WECSs within a multiple
WECS project shall be constructed using wind turbines whose appearance,
with respect to one another, is similar within and throughout the
project, to provide reasonable uniformity in overall size, geometry,
and rotational speeds. No lettering, company insignia, advertising,
or graphics shall be on any part of the tower, hub, or blades.
(f)
The use of guy wires is disfavored. A WECS using guy wires for
tower support shall incorporate appropriate measures to protect the
guy wires from damage which could cause tower failure.
(g)
No WECS shall be installed in any location where its proximity
with existing fixed broadcast, retransmission, or reception antenna
for radio, television, or wireless phone or other personal communication
systems can be reasonably expected to produce electromagnetic interference
with signal transmission or reception. No WECS shall be installed
in any location along the major axis of an existing microwave communications
link where its operation is likely to produce electromagnetic interference
in the link's operation. If it is determined that a WECS is causing
electromagnetic interference, the operator shall take the necessary
corrective action to eliminate this interference including relocation
or removal of the facilities, or resolution of the issue with the
impacted parties. Failure to remedy electromagnetic interference is
grounds for revocation of the wind energy permit for the specific
WECS or WECSs causing the interference.
(h)
All solid waste and hazardous waste and construction debris
shall be removed from the site and managed in a manner consistent
with all appropriate rules and regulations.
(i)
WECSs shall be designed to minimize the impacts of land clearing
and the loss of open space areas. Land protected by conservation easements
shall be avoided when feasible. The use of previously developed areas
will be given priority wherever possible.
(j)
WECSs shall be located in a manner that minimizes significant
negative impacts on rare animal species in the vicinity, particularly
bird and bat species.
(k)
Wind energy conversion facilities shall be located in a manner
consistent with all applicable state and federal wetlands laws and
regulations.
(l)
Stormwater runoff and erosion control shall be managed in a
manner consistent with all applicable state and federal laws and regulations.
(m)
The maximum total height of any WECS shall be 410 feet.
(n)
Any substation used in conjunction with a WECS shall be sited
in a manner that will have the least intrusive impact upon adjacent
residences and shall be sheltered and/or screened with a physical
barrier and/or vegetation in a matter to eliminate its views from
such residences. The Town Board shall assess such siting in accordance
with the requirements of this section and the Town's Site Plan Law.
(o)
Construction of the WECS shall be limited to the hours of 7:00
a.m. to 7:00 p.m., Monday through Friday, unless the prior written
approval of the Town Board is received to allow deviation from such
hours.
(p)
In processing any application for a WECS or in reviewing such
project under SEQRA, the Town Board shall consider any applicable
policy or guideline issued by the New York State DEC (i.e., visual
impacts, noise impacts).
(q)
Turbine blades shall pass no closer than 30 feet to the ground
during operation of the facility.
(4)
Required safety measures.
(a)
Each WECS shall be equipped with both manual and automatic controls
to limit the rotational speed of the rotor blade so it does not exceed
the design limits of the rotor.
(b)
Each WECS shall be surrounded by a locked, protective fence
at least six feet in height that encloses the tower.
(c)
Appropriate warning signs shall be posted. At least one sign
shall be posted at the base of the tower warning of electrical shock
or high voltage. A sign shall be posted on the entry area of fence
around each tower or group of towers and any building (or on the tower
or building if there is no fence), containing emergency contact information.
The Town Board may require additional signs based on safety needs.
(d)
No climbing pegs or tower ladders shall be located closer than
12 feet to the ground level at the base of the structure for freestanding
single pole or guyed towers. A locked anticlimb device shall also
be installed on the tower.
(e)
The minimum distance between the ground and any part of the
rotor or blade system shall be in compliance with all state standards
but in no case less than 30 feet.
(f)
WECSs shall be designed to prevent unauthorized external access
to electrical and mechanical components and shall have access doors
that are kept securely locked at all times.
(5)
Traffic routes.
(a)
Construction of WECSs pose potential risks because of the large-size
construction vehicles and their impact on traffic safety and their
physical impact on local roads. Construction and delivery vehicles
for WECSs and for associated facilities shall use traffic routes established
as part of the application review process. Factors in establishing
such corridors shall include minimizing traffic impacts from construction
and delivery vehicles, including impacts on local residential areas;
minimizing WECS-related traffic during times of school bus activity;
minimizing wear and tear on local roads; and minimizing impacts on
local business operations. Wind energy permit conditions may limit
WECS-related traffic to specified routes, and include a plan for disseminating
traffic route information to the public.
(b)
The applicant is responsible for repair of all damages to Town
roads occurring during the construction or maintenance of a WECS.
A public improvement bond shall be posted prior to the issuance of
any building permit in an amount, determined by the Town Board, sufficient
to compensate the Town for any damage to local roads.
(6)
Setbacks and noise standards for wind energy conversion systems.
(a)
Due to the nonindustrial character of the Town of Onondaga,
the sound level statistical sound pressure level (L(90)) shall not exceed the ambient sound level by more than six dBA at
the nearest property line to any proposed WECS. Sites can include
more than one property and the requirement shall apply to the combined
properties. In the event the ambient sound level exceeds 50 dBA, the
standard shall be the ambient sound level plus a maximum of five dBA.
Independent certification shall be provided before and after construction
demonstrating compliance with this requirement.
(b)
In the event audible noise due to wind energy facility operations
contains a steady pure tone, such as a whine, screech, or hum, the
standards for audible noise set forth in Subsection C(6)(a) of this
section shall be reduced by five dBA. A pure tone is defined to exist
if the 1/3 octave band sound pressure level in the band, including
the tone, exceeds the arithmetic average of the sound pressure levels
of the two contiguous 1/3 octave bands by five dBA for center frequencies
of 500 Hz and above, by eight dBA for center frequencies between 160
Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal
to one 125 Hz. These standards may be varied by the Town Board but
never to a standard less than the DEC-recommended standards in effect
at the time of review.
(c)
The ambient sound level shall be expressed in terms of the highest
whole number sound level in dBA. Ambient sound levels shall be measured
at the exterior of potentially affected existing residences, schools,
hospitals, churches and public libraries when considering specific
receptors. Ambient sound level measurements shall employ all practical
means of reducing or compensating for the effect of wind-generated
noise artifacts at the microphone so as to measure the actual sound
level most accurately. Ambient sound level measurements should be
performed when wind velocities aloft are sufficient to allow wind
turbine operation and should report ambient sound levels for wind
speeds aloft corresponding to turbine cut-in as well as the wind speed
aloft corresponding to production of the greatest noise.
(d)
Any noise level falling between two whole decibels shall be
the lower of the two.
(e)
The following minimum standards shall apply to any tower, turbine,
windmill, building housing mechanical components or electrical substation
that is part of any wind energy conversion system or facility, unless
specifically waived or varied by the Town Board as part of a permit.
The following minimum standards do not apply to the transmission or
collection system components of such WECS or facility, except for
electrical substations. Each WECS shall be set back from site boundaries,
measured from the center of the applicable component part of the WECS:
[1]
One thousand two hundred feet from the nearest site boundary
property line.
[2]
One thousand two hundred feet from the right-of-way of United
States Route 20.
[3]
Five hundred feet from the right-of-way of all other public
roads.
[4]
Two thousand feet from the nearest off-site residence, school
or church, measured from the exterior of such residence, whether or
not said residence is located in the Town of Onondaga.
[5]
One and a half times the total height of the WECS from any nonresidential
structure (other than a school or church) or any aboveground utilities,
unless waived by the utility companies.
(7)
Issuance of wind energy permits.
(a)
Upon completion of the review process, the Town of Onondaga
Town Board shall, upon consideration of the standards in this chapter
and the record of the SEQRA review, issue a written decision with
the reasons for approval, conditions of approval or disapproval fully
stated.
(b)
If approved, the Codes Enforcement Officer shall issue a wind
energy permit upon satisfaction of all pertinent conditions for said
permit, and the Codes Enforcement Officer shall issue a building permit,
upon compliance with the Uniform Fire Prevention and Building Code
and the other preconstruction conditions of this chapter.
(c)
The decision of the Town Board shall be filed within 10 days
in the office of the Town Clerk and a copy mailed to the applicant
by first-class mail.
(d)
If any approved wind energy facility is not substantially commenced
within one year of issuance of the wind energy permit, the wind energy
permit shall expire.
(8)
Abatement.
(a)
If any WECS remains nonfunctional or inoperative for a continuous
period of one year, the applicant agrees that, without any further
action by the Town Board, the applicant shall decommission and remove
said system at its own expense. Removal of the system shall include,
at a minimum, the removal of the entire aboveground structure, including
transmission equipment and fencing, from the property. This provision
shall not apply if the applicant demonstrates to the Town Board that
it has been making good faith efforts to restore the WECS to an operable
condition, but nothing in this provision shall limit the Town's ability
to order a remedial action plan after public hearing.
(b)
Non-function or lack of operation may be proven or inferred
by reports to the Public Service Commission, NYSERDA, New York Independent
System Operator, or by lack of income generation. The applicant shall
make available (subject to a nondisclosure agreement) to the Town
Board and Town Board all reports to and from the purchaser of energy
from individual wind energy conversion systems, if requested necessary
to prove the WECS is functioning, which reports may be redacted as
necessary to protect proprietary information.
(c)
Decommissioning bond or fund. The applicant, or successors,
shall continuously maintain a fund or bond payable to the Town of
Onondaga, in a form approved by the Town Attorney, for the removal
of nonfunctional towers and appurtenant facilities, in an amount to
be determined by the Town, for the period of the life of the facility.
This fund may consist of a letter of credit from a State of New York
licensed financial institution. All costs of the financial security
shall be borne by the applicant. All decommissioning bond requirements
shall be fully funded before a building permit is issued. The amount
of the bond or security fund shall be no less than 125% of the cost
of removal of the facilities and the restoration of the site.
(9)
Limitations on approvals; easements on Town property.
(a)
Nothing in this chapter shall be deemed to give any applicant
the right to cut down surrounding trees and vegetation on any property
to reduce turbulence and increase wind flow to the wind energy facility.
Nothing in this chapter shall be deemed a guarantee against any future
construction or Town approvals of future construction that may in
any way impact the wind flow to any wind energy facility. It shall
be the sole responsibility of the facility operator or owner to acquire
any necessary wind flow or turbulence easements, or rights to remove
vegetation.
(b)
Pursuant to the powers granted to the Town to manage its own
property, the Town may enter into noise, setback, or wind flow easements
on such terms as the Town Board deems appropriate, as long as said
agreements are not otherwise prohibited by state or local law.
(10)
Permit revocation.
(a)
Testing fund. A wind energy permit shall contain a requirement
that the applicant fund periodic noise testing by a qualified independent
third-party acoustical measurement consultant, which may be required
as often as biannually, or more frequently upon request of the Town
Board in response to complaints by neighbors. The scope of the noise
testing shall be to demonstrate compliance with the terms and conditions
of the wind energy permit and this chapter and shall also include
an evaluation of any complaints received by the Town. The applicant
shall have 90 days after written notice from the Town Board to cure
any deficiency. An extension of the ninety-day period may be considered
by the Town, but the total period may not exceed 180 days.
(b)
Operation. A WECS shall be maintained in operational condition
at all times, subject to reasonable maintenance and repair outages.
Operational condition includes meeting all noise requirements and
other permit conditions. Should a WECS become inoperable, or should
any part of the WECS be damaged, or should a WECS violate a permit
condition, the owner or operator shall remedy the situation within
90 days after written notice from the Town Board. The applicant shall
have 90 days after written notice considered by the issuer of the
notice to cure any deficiency. An extension of the ninety-day period
may be considered by the Town Board, but the total period may not
exceed 180 days.
(c)
Notwithstanding any other abatement provision under this chapter,
if the WECS is not repaired or made operational or brought into permit
compliance after said notice, the Town Board may, after a public meeting
at which the operator or owner shall be given opportunity to be heard
and present evidence, including a plan to come into compliance, order
either remedial action within a particular time frame, or order revocation
of the wind energy permit for the WECS and require the removal of
the WECS within 90 days. If the WECS is not removed, the Town Board
shall have the right to use the security posted as part of the decommission
plan to remove the WECS. Any additional costs not covered by security
shall be a lien upon the property and applied to the site owner's
next property tax bill.
F.
Wind measurement towers.
(1)
Wind site assessment. As a wind site assessment is typically conducted
to determine the wind speeds and the feasibility of using particular
sites, installation of wind measurement towers, also known as anemometer
("Met") towers, shall be permitted in accordance with this section.
(2)
Applications for wind measurement towers. An application for a wind
measurement tower shall include:
(a)
Name, address, telephone number of the applicant. If the applicant
is represented by an agent, the application shall include the name,
address and telephone number of the agent as well as an original signature
of the applicant authorizing the representation.
(b)
Name, address, telephone number of the property owner. If the
property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner
confirming that the property owner is familiar with the proposed applications
and authorizing the submission of the application.
(c)
Address of each proposed tower location, including Tax Map section,
block and lot number.
(d)
Proposed development plan and map.
(e)
Decommissioning plan, including a security bond for removal.
(3)
Standards for wind measurement towers.
(a)
The distance between a wind measurement tower and the property
line shall be at least 1 1/2 times the total height of the tower.
Sites can include more than one piece of property and the requirement
shall apply to the combined properties. Exceptions for neighboring
property are also allowed with the consent of those property owners.
(b)
Wind energy permits for wind measurement towers may be issued
for a period of up to two years. Permits shall be renewable upon application
to the Town Board.
G.
Variance. Any proposed private or commercial wind energy conversion
system or wind measurement tower which does not meet any requirement
of this chapter shall be required to obtain a use variance.
[Added 1-8-2018 by L.L.
No. 1-2018]
A.
Purpose and intent. The Town of Onondaga recognizes that solar energy
is a clean, readily available and renewable energy source. Development
of solar energy systems offers an energy source that can prevent fossil
fuel emissions, reduce the Town's energy demands and attract and promote
green business development within the Town. The Town of Onondaga has
determined that comprehensive regulations regarding the development
of solar energy systems are necessary to protect the interests of
the Town, its residents, and businesses. This section is intended
to promote the effective and efficient use of solar energy systems;
establish provisions for the placement, design, construction, operation
and removal of such systems in order to uphold the public health,
safety and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town.
B.
Applicability. This § 285-36.1 shall apply to all solar energy systems in the Town of Onondaga which are installed or modified after the effective date of this section. All solar energy systems which are installed or modified after the effective date of this section shall be in compliance with all of the provisions hereof.
C.
Building-integrated solar energy systems.
(1)
Districts where allowed. Building-integrated solar energy systems
shall be permitted in all zoning districts within the Town subject
to the submission of, application for and review and issuance of an
applicable building permit.
D.
Rooftop-mounted solar energy systems.
(1)
Districts where allowed. Rooftop-mounted solar energy systems
shall be permitted in all zoning districts within the Town subject
to the following requirements:
(a)
A building permit shall be required for installation of all
rooftop-mounted solar energy systems. An applicant shall submit the
following application materials to the Code Enforcement Officer:
[1]
A site plan showing location of major components
of the solar energy system and other equipment on the roof or legal
accessory structure. This plan should represent relative locations
of components at the site, including, but not limited to, location
of arrays, existing electrical service locations, utility meters,
inverter locations, system orientation and tilt angles. This plan
should show access and pathways that are compliant with New York State
Uniform Fire Prevention and Building Code, if applicable.
[2]
One-line or three-line electrical diagram. The
electrical diagram required by NYSERDA for an incentive application
and/or utilities for an interconnection agreement may also be provided
here.
[3]
Specification sheets for all manufactured components.
If these sheets are available electronically, a web address will be
accepted in place of an attachment, at the discretion of the Town.
[4]
All diagrams and plans must be prepared by a professional
engineer or registered architect and contain the applicable professional's
stamp, mark, and/or signature as required by New York State law and
include the following:
(b)
Rooftop-mounted solar energy systems shall not exceed the maximum
allowed height of the principal use in the zoning district in which
the system is located.
(c)
Rooftop-mounted solar energy systems shall be mounted parallel
to the roof plane on which they are mounted. However, in the case
of commercial buildings which have a flat roof, a tiled mount may
be allowed, provided the panels are not objectionably visible from
the property line.
(d)
In order to ensure firefighter and other emergency responder
safety, except in the case of accessory buildings under 1,000 square
feet in area, there shall be a minimum perimeter area around the edge
of the roof and structurally supported pathways to provide space on
the roof for walking around all rooftop-mounted solar energy systems.
Additionally, installations shall provide for adequate access and
spacing in order to:
[1]
Ensure access to the roof.
[2]
Provide pathways to specific areas of the roof.
[3]
Provide for smoke ventilation opportunity areas.
[4]
Provide for emergency egress from the roof.
[5]
Exceptions to these requirements may be requested
where access, pathway or ventilation requirements are reduced due
to:
[a]
Unique site-specific limitations;
[b]
Alternative access opportunities (such as from
adjoining roofs);
[c]
Ground level access to the roof area in question;
[d]
Other adequate ventilation opportunities when approved
by the Codes Office;
[e]
Adequate ventilation opportunities afforded by
panels set back from other rooftop equipment (for example: shading
or structural constraints may leave significant areas open for ventilation
near HVAC equipment);
[f]
Automatic ventilation devices; or
[g]
New technology, methods or other innovations that
ensure adequate emergency responder access, pathways and ventilation
opportunities.
(3)
Permit review and inspection timeline. Permit determinations
will be issued within 14 days upon receipt of complete and accurate
applications.
E.
Ground-mounted solar energy systems.
(1)
Districts where allowed. Ground-mounted solar energy systems
are permitted as accessory structures in the Residential and Country
District R-C, Commercial District CD, Professional and Commercial
Office District PCO, Light Industrial District LI, and Planned Economic
District P-E of the Town, subject to the granting of special use permit
approval by the Zoning Board of Appeals and further subject to the
following requirements:
(a)
A building permit and special use permit shall be required for
installation of all ground-mounted solar energy systems.
(b)
Ground-mounted solar energy systems are prohibited in front
yards.
(c)
Ground-mounted solar energy systems shall comply with the most
restrictive area, yard and bulk regulations in each applicable zoning
district in which the ground-mounted solar energy system is constructed.
However, ground-mounted solar energy systems shall only be permitted
on lots which are 20,000 square feet or larger.
(d)
Setbacks. Further setbacks, area and yard requirements and bulk restrictions may be required by the Zoning Board of Appeals in addition to those set forth in § 285-36.1E(1)(c) above in order to protect the public's safety, health and welfare.
(e)
The height of the solar collector/panel and any mounts shall
not exceed 15 feet in height when oriented at maximum tilt measured
from the ground and including any base.
(f)
As part of the special use permit review process, a ground-mounted
solar energy system shall be screened when possible and practicable
from adjoining lots and street rights-of-way through the use of architectural
features, earth berms, landscaping, fencing or other screening which
will harmonize with the character of the property and the surrounding
area. The proposed screening shall not interfere with the normal operation
of the solar collectors/panels.
(g)
The ground-mounted solar energy system shall be located in a
manner to reasonably minimize view blockage for surrounding properties
and shading of property to the north, while still providing adequate
solar access for the solar energy system.
(h)
Neither the ground-mounted solar energy system, nor any component
thereof, shall be sited within any required buffer area.
(i)
The total surface area of all ground-mounted solar energy system
components shall not exceed the area of the ground covered by the
building structure of the largest building on the lot measured from
the exterior walls, excluding patios, decks, balconies, screened and
open porches, and attached garages.
(j)
The area beneath the ground-mounted solar energy system shall
not be included as impervious surface coverage in calculating whether
the lot meets the maximum permitted lot coverage requirements for
the applicable zoning district. Such uses shall also not be counted
toward the limitation on the number of accessory structures or uses
permitted on a parcel.
(2)
Districts where prohibited. Ground-mounted solar energy systems
shall not be permitted in the One-Family Residential District R-1,
One-Family Residential District R-2, One-Family Residential District
R-3, Neighborhood Shopping District NS, Neighborhood Shopping District
Nedrow NS-N, Planned Residential Community District P-RC, Planned
Residential District P-R, Planned Mobile Home District P-MH, Wind
Energy Conversion System Overlay Zone, and the Onondaga Hill Business
and Institution District.
F.
General requirements applicable to building-integrated, rooftop-mounted
and ground-mounted solar energy systems.
(1)
All solar energy system installations must be performed by a
qualified solar installer.
(2)
Solar energy systems, unless part of a solar farm, shall be
permitted only to provide power for use by owners, lessees, tenants,
residents or other occupants of the premises on which they are erected,
but nothing contained in this provision shall be construed to prohibit
the sale of excess power through a net-metering arrangement in accordance
with New York Public Service Law § 66-j or similar state
or federal statute. However, solar energy system applications in a
residential setting and serving a residential use on a single parcel
or lot shall be limited to 20 kW or less.
[Amended 8-21-2023 by L.L. No. 4-2023]
(3)
Prior to operation, electrical connections must be inspected
by a Town Code Enforcement Officer and by an appropriate electrical
inspection person or agency, as determined by the Town.
(4)
Any connection to the public utility grid must be inspected
by the appropriate public utility, and proof of inspection shall be
provided to the Town.
(5)
Solar energy systems shall be maintained in good working order.
(6)
Solar energy systems shall be permitted only if they are determined
by the Town to be consistent in size and use with the character of
the surrounding neighborhood.
(8)
All solar energy systems described in this § 285-36.1 shall meet and comply with all relevant and applicable provisions of the New York State Uniform Fire Prevention and Building Code Standards. To the extent the provisions of the New York State Uniform Fire Prevention and Building Code are more restrictive than the provisions set forth in this section, the provisions of the New York State Uniform Fire Prevention and Building Code shall control.
(9)
If solar storage batteries are included as part of the solar
energy system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Uniform Fire Prevention
and Building Code when in use and when no longer used shall be disposed
of in accordance with the laws and regulations of the Town and other
applicable laws and regulations.
(10)
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobtrusive
conduit. Conduits or feeds which are laid on the roof shall be camouflaged
to blend in with the roof and reduce aesthetically objectionable impacts.
(11)
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
completely remove the system, mount and all other associated equipment
and components by no later than 90 days after the end of the twelve-month
period or within 10 days of written notice from the Town. The Building
Inspector, Zoning Enforcement Officer, Code Enforcement Officer and/or
Town Engineer shall have the right at any reasonable time to enter,
in the company of the owner or his agent, to ensure that the solar
energy system remains operational.
(12)
To the extent practicable, solar energy systems shall have neutral
paint colors, materials and textures to achieve visual harmony with
the surrounding area. Solar energy systems shall be composed of panels
which are the same or similar in composition and color.
(13)
The design, construction, operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays onto neighboring properties, public roads, public parks
and public buildings.
(14)
Prior to the time of the issuance of a building permit, the
applicant/owner shall demonstrate to the Code Enforcement Officer
a reliable and safe method for de-energizing the solar energy system
in the event of an emergency. The method and location to de-energize
the solar energy system, once approved by the Code Enforcement Officer,
shall be provided by the applicant to all applicable emergency services
and first responders.
(15)
Marking of equipment.
(a)
Solar energy systems and components shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Materials used
for marking shall be weather resistant. For residential applications,
the marking may be placed within the main service disconnect. If the
main service disconnect is operable with the service panel closed,
then the marking should be placed on the outside cover.
(b)
In the event any of the standards in this subsection for markings
are more stringent than applicable provisions of the New York State
Uniform Fire Prevention and Building Code, they shall be deemed to
be guidelines only, and the standards of the state code shall apply.
G.
Solar Farms.
(1)
Districts where allowed. Subject to the issuance of site plan
approval and a special use permit and other requirements as set forth
herein, solar farms shall not be a permitted use in any zoning district
other than the Light Industrial District LI within the Town.
(2)
Districts where prohibited. Solar farms shall be prohibited
in the Commercial District CD, Professional and Commercial Office
District PCO, Planned Economic District P-E, One-Family Residential
District R-1, One-Family Residential District R-2, One-Family Residential
District R-3, Residential and Country District R-C; Neighborhood Shopping
District NS, Neighborhood Shopping District NS-N, Planned Residential
Community District P-RC, Planned Residential District P-R, Planned
Mobile Home District P-MH, Wind Energy Conversion System Overlay Zone,
and the Onondaga Hill Business and Institution District.
(3)
Lot area and yard regulations. The following lot area and yard
regulations shall apply to solar farms located in Light Industrial
District LI within the Town:
(4)
Permits required. No person, firm or corporation, or other entity
being the owner, occupant, or lessee of any land or premises within
the Town of Onondaga shall use or permit the use of land or premises
for the construction or installation of a solar farm without obtaining
a building permit, a special use permit issued by the Zoning Board
of Appeals and a site plan approval issued by the Town Board as hereinafter
provided.
(5)
Special use permit.
(a)
In addition to the criteria established pursuant to § 285-39C, the following criteria are hereby established for purposes of granting a special use permit for a solar farm under this chapter:
[1]
Scenic viewsheds. A solar farm shall not be installed
in any location that would substantially detract from or block the
view(s) of all or a portion of a recognized scenic viewshed, as viewed
from any public road, right-of-way or publicly owned land within the
Town of Onondaga or that extends beyond the border of the Town of
Onondaga. For purposes of this subsection, consideration shall be
given to any relevant portions of the current, amended and/or future
Town of Onondaga Comprehensive Plan and/or any other prior, current,
amended and/or future officially recognized Town planning document
or resource.
[2]
Emergency shutdown/safety. The applicant shall
demonstrate the existence of adequate emergency/safety measures. The
applicant shall post an emergency telephone number so that the appropriate
entities may be contacted should any solar panel or other component
of the solar farm need immediate repair or attention. This emergency
telephone number should be clearly visible and in a location which
is convenient and readily noticeable to someone likely to detect a
problem.
[3]
Security. All solar farms shall be secured to the extent practicable to restrict unauthorized access. See § 285-36.1G(6)(a)[17].
[4]
Access road. To the greatest extent possible, existing
roadways shall be used for access to the site and its improvements.
In the case of constructing any roadways necessary to access the solar
farm, they shall be constructed in a way that allows for the passage
of emergency vehicles in the event of an emergency. Each application
shall be accompanied by correspondence from the responding fire department
and emergency care provider as to the acceptability of the proposed
ingress to and egress from the solar farm site.
[5]
The development and operation of the solar farm
shall not have a significant impact on fish, wildlife, animal or plant
species or their critical habitats, or other significant habitats
identified by the Town of Onondaga or federal or state regulatory
agencies.
[6]
Setbacks. Additional setbacks may be required from those set forth in § 285-36.1G(3) by the Zoning Board of Appeals in order to provide for the public's safety, health and welfare.
(b)
Waiver. The Zoning Board of Appeals may, upon exercise of its
reasonable discretion, waive one or more of the submission requirements
imposed herein. Relief from all other requirements must be made by
way of an area or use variance from the Zoning Board of Appeals.
(6)
Site plan review.
(a)
The following submission requirements must be observed regarding a site plan application for a solar farm. The Town Board may also require any of the requirements of § 285-23 as part of the submission.
[1]
A completed application form as supplied by the
Town of Onondaga for site plan approval for a solar farm.
[2]
Proof of ownership of the premises involved or
proof that the applicant has written permission of the owner to make
such application.
[3]
Plans and drawings of the proposed solar farm installation
signed, marked and/or stamped by a professional engineer registered
in New York State showing the proposed layout of the entire solar
farm along with a description of all components, whether on site or
off site, existing vegetation and proposed clearing and grading of
all sites involved. Clearing and/or grading activities are subject
to review by the Town Board and shall not commence until the issuance
of site plan approval. The plans and development plan shall be drawn
in sufficient detail and shall further describe:
[a]
Property lines and physical dimensions of the proposed
site, including contours at five-foot intervals.
[b]
Location, approximate dimensions and types of all
existing structures and uses on the site.
[c]
Location and elevation of the proposed solar farm
and all components thereof.
[d]
Location of all existing aboveground utility lines
within 1,200 linear feet of the site.
[e]
Where applicable, the location of all transmission
facilities proposed for installation. All transmission lines and wiring
associated with a solar farm shall be buried underground and include
necessary encasements in accordance with the National Electric Code
and Town requirements. The Town Board may recommend waiving this requirement
if sufficient engineering data is submitted by the applicant demonstrating
that underground transmission lines are not feasible or practical.
The applicant is required to show the locations of all proposed overhead
electric utility/transmission lines (if permitted) and underground
electric utility/transmission lines, including substations and junction
boxes and other electrical components for the project on the site
plan. All transmission lines and electrical wiring shall be in compliance
with the public utility company's requirements for interconnection.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
[f]
Location of all service structures proposed as
part of the installation.
[g]
Landscape plan showing all existing natural land
features, trees, forest cover and all proposed changes to these features,
including size and type of plant material. The plan shall show any
trees and/or vegetation which is proposed to be removed for purposes
of providing greater solar access.
[h]
A berm, landscape screen, or any other combination
acceptable to the Town capable of screening the site, shall be provided
along any property line.
[i]
Soil type(s) at the proposed site.
[4]
Photographic simulations shall be included showing
the proposed solar farm along with elevation views and dimensions
and manufacturer's specifications and photos of the proposed solar
energy systems, solar collectors, solar panels and all other components
comprising the solar farm or from other vantage points selected by
the Town Board.
[5]
Certification from a professional engineer or architect
registered in New York State indicating that the building or structure
to which a solar panel or solar energy system is affixed is capable
of handling the loading requirements of the solar panel or solar energy
system and various components.
[6]
One- or three-line electrical diagram detailing
the solar energy system installation, associated components, and electrical
interconnection methods, with all disconnects and over-current devices.
[7]
Documentation of access to the project site(s),
including location of all access roads, gates, parking areas, etc.
[8]
A plan for clearing and/or grading of the site and a stormwater pollution prevention plan (SWPPP) for the site. See also § 285-23F.
[9]
Documentation of utility notification, including
an electric service order number.
[10]
Sun chart. Where deemed appropriate, the Town Board may require that the applicant submit a sun chart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed solar farm. The sun chart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar farm under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of Chapter 285 of the Code of the Town of Onondaga with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for setback are established, this scenario shall assume a maximum setback of five feet from the property line. The sun chart shall be kept on file at the Town Code Enforcement Office and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. This section in no way places responsibility on the Town for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.
[11]
The manufacturer's or installer's identification
and appropriate warning signage shall be posted at the site and be
clearly visible.
[12]
Solar energy systems shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the electric systems. Materials used for
marking shall be weather resistant. The marking shall be placed adjacent
to the main service disconnect location clearly visible from the location
where the lever is operated.
[13]
The average height of the solar panel array shall
not exceed 20 feet measured from the ground and including any base
or supporting materials.
[14]
Color. Neutral paint colors, materials and textures
may be required for solar farm components, buildings and structures
to achieve visual harmony with the surrounding area as approved by
the Town Board.
[15]
The design, construction, operation and maintenance
of the solar energy system shall prevent the direction, misdirection
and/or reflection of solar rays onto neighboring properties, public
roads, public parks and public buildings.
[16]
Artificial lighting of solar farms shall be limited
to lighting required for safety and operational purposes, shall be
shielded from all neighboring properties and public roads.
[17]
Solar farms shall be enclosed by perimeter fencing
to restrict unauthorized access as otherwise approved by the Town
Board. Style and type of fence shall be approved by the Town Board
as part of the site plan.
[18]
Only signage used to identify the location of
the solar farm shall be allowed, and such signage shall otherwise
comply with the Town's sign regulations and requirements.
[19]
To the extent practicable, equipment that produces
noise above ambient levels during normal operation shall be placed
in the center of the solar array or at a minimum of 1,000 feet from
the nearest property line.
[20]
All applications shall be accompanied by a full
environmental assessment form for purposes of environmental review
under the New York State Environmental Quality Review Act (SEQRA),
including a visual impact analysis/visual environmental assessment
form. The following additional material may be required by the Town
Board:
[a]
A digital-elevation-model-based project visibility
map showing the impact of topography upon visibility of the project
from other locations, to a distance radius of three miles from the
center of the project. Scaled use shall depict a three-mile radius
as not smaller than 2.7 inches, and the base map shall be a published
topographic map showing cultural features.
[b]
No fewer than four color photos taken from locations
within a three-mile radius from the proposed location, as selected
by the Town Board and computer-enhanced to simulate the appearance
of the as-built aboveground solar farm components as they would appear
from these locations.
(b)
Site plan review criteria. In addition to the above and subject to the criteria from § 285-23, no site plan shall be approved unless the Town Board determines that the proposed solar farm complies with the following:
[1]
The use is oriented in its location upon the site
as to layout, coverage, screening, means of access and aesthetics
so that:
[a]
The flow control and safety of traffic and human
beings shall not be adversely affected to an unreasonable degree;
[b]
There is reasonable compatibility in all respects
with any structure or use in the surrounding area, actual or permitted,
which may be directly substantially affected;
[c]
There shall not be any unreasonable detriment to
any structure or use, actual or permitted, in the surrounding area;
[d]
There is a reasonable provision for open space
and yard areas as appropriate to the surrounding area.
(7)
Public hearing. No action shall be taken by the Zoning Board
of Appeals to issue a special use permit or by the Town Board to issue
site plan approval, nor the Zoning Board of Appeals to grant a use
or area variance in relation to an application for a solar farm until
after public notice and a public hearing. Proper notice of a hearing
before a board shall be given by legal notice published in the official
newspaper of the Town of Onondaga at least five days before the date
set for such public hearing(s) and written notice mailed to the applicant
or his agent at the address given in the application to be considered.
The applicant shall be responsible for notifying, by certified mail,
all property owners of record within 500 feet of the outside perimeter
of the boundary line of the property involved in the application of
the time, date and place of such public hearing at least 10 days prior
to such hearing. Notice shall be deemed to have been given if mailed
to the property owner at the tax billing address listed on the property
tax records of the Town Assessor or at the property address. At least
seven days prior to such hearing, the applicant shall file with the
board his/her affidavit verifying the mailing of such notices. Failure
of the property owners to receive such notice shall not be deemed
a jurisdictional defect.
(8)
Compliance with New York State Uniform Fire Prevention and Building
Code.
(a)
Building permit applications shall be accompanied by standard
drawings of structural components of the solar farm and all its components
(including but not limited to solar panel, solar collector, solar
energy system, etc.). Drawings and any necessary calculations shall
be certified, in writing, by a New York State-registered professional
engineer that the system complies with the New York State Uniform
Fire Prevention and Building Code. This certification would normally
be supplied by the manufacturer.
(b)
Where the structure, components or installation vary from the
standard design or specification, the proposed modification shall
be certified by a New York State-registered professional engineer
for compliance with the structural design provisions of the New York
State Uniform Fire Prevention and Building Code.
(9)
Compliance with state, local and national electric codes.
(a)
Building permit applications shall be accompanied by a line
drawing identifying the electrical components of the solar farm to
be installed in sufficient detail to allow for a determination that
the manner of installation conforms with the National Electric Code.
The application shall include a statement from a New York State-registered
professional engineer indicating that the electrical system conforms
with good engineering practices and complies with the National Electric
Code, as well as applicable state and local electrical codes. This
certification would normally be supplied by the manufacturer. All
equipment and materials shall be used or installed in accordance with
such drawings and diagrams.
(b)
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a New York State-registered professional
engineer for compliance with the requirements of the National Electric
Code and good engineering practices.
(10)
Following construction/installation of the solar farm, all disturbed
areas where soil has been exposed shall be reseeded with grass and/or
planted with low-level vegetation capable of preventing soil erosion
and airborne dust.
(11)
Post-construction/installation certification. Following the construction/installation of the solar farm, the applicant shall provide a post-construction/installation certification from a professional engineer registered in New York State that the project complies with any and all applicable codes and industry practices and has been constructed and is operating according to the drawings and development plan(s) submitted to the Town and this § 285-36.1.
(12)
Insurance. The applicant, owner, lessee or assignee shall maintain
a current insurance policy which will cover installation and operation
of the solar farm at all times. Said policy shall provide a minimum
of $2,000,000 property and personal liability coverage.
(13)
Inspections. The Building Inspector, Zoning Enforcement Officer,
Code Enforcement Officer and/or Town Engineer shall have the right
at any reasonable time to enter, in the company of the owner or his
agent, the premises on which a solar farm is being or is constructed,
to inspect all parts of said solar farm installation and require that
repairs or alterations be made if, in his judgment, there exists a
deficiency in the operation or the structural stability of the solar
farm or any component thereof. If necessary, the Building Inspector
or Town Engineer may order the system secured or to otherwise cease
operation. It shall not be required that the owner or agent be present
in the event of an emergency situation involving danger to life, limb
or property.
(14)
Power to impose conditions. In granting any site plan approval,
special use permit or variance for a solar farm, the Zoning Board
of Appeals or Town Board, as the case may be, may impose reasonable
conditions to the extent that such board finds that such conditions
are necessary to minimize any adverse effect or impacts of the proposed
use on neighboring properties and to protect the general health, safety
and welfare of the Town.
(15)
Decommissioning and removal of solar farm facilities.
(a)
The applicant shall agree, in writing, to remove the entirety
of the solar farm and all accessory structures and components thereof
if the solar farm ceases to be used for its intended purpose for 12
consecutive months. Removal of such obsolete and/or unused solar farm
components shall take place within three months thereafter. Such agreement
shall also include a commitment by the applicant to impose a similar
obligation to remove any unused and/or obsolete solar panels upon
any person subsequently securing rights to relocate the solar panels.
(b)
Bond/security. The applicant shall be required to execute and
file with the Town Clerk a bond, or other form of security acceptable
to the Town Attorney and Engineer, in an amount sufficient for the
faithful performance of the terms and conditions of the permit issued
under this chapter, and to provide the decommissioning removal and
restoration of the site subsequent to the removal of the solar farm.
The amount of the bond or security shall be no less than 150% of the
cost of the removal of the solar panels and restoration of the site,
and shall be reviewed and adjusted at five-year intervals. In the
event of a default upon performance of such condition or any of them,
the bond or security shall be forfeited to the Town, which shall be
entitled to maintain an action thereon. The bond or security shall
remain in full force and effect until the complete removal of the
solar panels and site restoration is finished.
(16)
Fees. Fees for applications and permits under this section shall be established by resolution of the Town Board of the Town of Onondaga. In accordance with the requirements of Chapter 91 (Development Fee Deposits), it shall be the applicant's responsibility to reimburse the Town for any and all reasonable and necessary legal, engineering and other professional fees incurred by the Town in reviewing and administering an application for a solar farm under this section.
(17)
Waiver. The Town Board or the Zoning Board of Appeals may, under
appropriate circumstances, waive one or more of the submission requirements
contained herein.
[Amended 10-4-2010 by L.L. No. 8-2010]
The location of a single mobile home or manufactured home may
be permitted as temporary residential quarters in the Residential
and Country District on a lot on which a permanent conventional-type
dwelling is being constructed upon the issuance of a mobile home or
manufactured home permit by the Board of Appeals, after a public hearing,
subject to such terms and conditions as may be appropriate in the
particular case, and in conformity with the following general provisions
and standards:
A.
Each permit shall expire six months from its date of issuance.
B.
A permit may be renewed by the Board of Appeals without a further
public hearing for two additional periods of six months each if, in
the opinion of the Board of Appeals, substantial progress is being
made on the construction of the permanent dwelling.
C.
No such mobile home or manufactured home shall be permanently affixed
to the ground.
D.
Occupancy of such mobile home or manufactured home shall be limited
solely to the lot owner and his or her family.
A.
New buildings and vacant land. Construction of any building to be
erected hereafter shall not be commenced, nor shall vacant land be
occupied or used in whole or in part, until a zoning certificate of
use is issued by the Code Enforcement Officer or his deputy; this
certificate of use shall certify that such use, or such building and
the location and use, conform to the provisions of this chapter. However,
this section shall not apply to construction on a farm or to the usual
buildings appurtenant or necessary to a farm operation; this section
shall apply to buildings on a farm used for dwelling purposes.
B.
Approved lots. No zoning certificate of use shall be granted for
the use of a lot for any purpose unless such lot shall be designated
on a plat approved by the Planning Board of the Town of Onondaga and
filed in the office of the Town Clerk and/or the County Clerk of the
County of Onondaga; or a legally existing lot at the time of enactment
of this chapter; or otherwise permitted by the subdivision regulations
of the Town of Onondaga.[1]
C.
Buildings hereafter enlarged or structurally altered. No building
shall be hereafter enlarged or structurally altered until a zoning
certificate of use shall have been issued, covering such enlargement
or structural alterations.
D.
Changes of use of existing buildings.
(1)
No change in use in a building shall hereafter be made unless the
official designated by the Town Board certifies that such change conforms
substantially to the provisions of this chapter and issues a zoning
certificate of use.
(2)
The use of a building or premises shall not be deemed to have changed
because of a temporary vacancy or change of ownership.
E.
A certificate of occupancy heretofore issued pursuant to the Zoning
Local Law of the Town of Onondaga shall be deemed to mean and be equivalent
to a zoning certificate of use.
A.
Establishment, membership and rules.
(1)
A Board of Appeals is hereby established and shall have all of the
powers and duties in accordance with the provisions of the Town Law
applicable thereto.
(2)
The Board of Appeals shall consist of five members appointed and
removed by the Town Board in accordance with § 267 of the
Town Law.
(3)
Such Board of Appeals shall, consistent with the Town Law, determine
its own rules of procedure, and all its deliberations, regulations
and orders shall be in accordance therewith.
(4)
The Town Board may appoint an alternate member to the Board of Appeals.
Such member, if appointed, would serve when a regular member of the
Board of Appeals is absent or unable to participate on an application
or matter before the Board of Appeals. An alternate member of the
Board of Appeals shall be appointed for a term of one year.
[Added 3-18-2002 by L.L. No. 1-2002]
(a)
The Chairperson of the Board of Appeals may designate an alternate
member to substitute for a regular member of the Board, when such
regular member is unable to participate on an application or matter
before the Board. When so designated, the alternate member shall possess
all of the powers and responsibilities of a regular member of the
Board. Such designation shall be entered into the minutes of the Board
of Appeals meeting at which the substitution is made.
(b)
All provisions of state law relating to Board of Appeals member
eligibility, vacancy in office, removal, compatibility of office and
service on other boards, as well as any provision of a local law,
rule, regulation or policy relating to training, continuing education,
compensation and attendance, shall apply to any alternate member of
the Board of Appeals appointed pursuant to this section.
B.
Powers and duties.
(1)
The Board of Appeals shall have the power to review any order or
decision of the duly designated enforcing official.
(2)
The Board of Appeals may, with the exception of a subdivision under
review by the Town of Onondaga Planning Board in a specific case,
after due notice and public hearing as herein provided, and subject
to appropriate conditions and safeguards, determine and vary the application
of the regulations of this chapter in harmony with their general purpose
and intent, as follows:
(a)
Grant a permit wherever it is provided in this law that the
approval of the Board of Appeals is required.
(b)
Permit occupancy of a basement for residential use for not more
than one year.
(c)
Grant use variances.
[1]
The Board of Appeals, on appeal from the decision or determination
of the Codes Officer, shall have the power to grant use variances,
as defined herein.
[2]
No such use variance shall be granted by the Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Board of Appeals that, for each and every permitted use under the
zoning regulations for the particular district where the property
is located:
[a]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as determined by competent
financial evidence.
[b]
The alleged hardship relating to the property in
question is unique and does not apply to a substantial portion of
the district or neighborhood.
[c]
The requested use variance, if granted, will not
alter the essential character of the neighborhood.
[d]
The alleged hardship has not been self-created.
[3]
The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(d)
Grant area variances.
[1]
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the Codes Officer or in accordance
with § 274-a, 274-b or 277 of the Town Law, to grant area
variances as defined herein.
[2]
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Board shall also consider the following, which
considerations shall be relevant to the decision of the Board of Appeals
but shall not necessarily preclude the granting of the area variance:
[a]
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance.
[b]
Whether the benefit sought by the applicant can
be achieved by some method feasible for the applicant to pursue, other
than an area variance.
[c]
Whether the requested area variance is substantial.
[d]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district.
[e]
Whether the alleged difficulty was self-created.
[3]
The Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(e)
Impose conditions.
[1]
The Board of Appeals shall, in the granting of both use variances
and area variances, have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed use of the property. Such conditions shall be consistent
with the spirit and intent of this Zoning Law and shall be imposed
for the purpose of minimizing any adverse impact such variance may
have on the neighborhood or community.
[2]
The Board of Appeals is expressly authorized to condition any
variance so granted to expire within a specified period of time unless
the subject property is used for the purpose for which the variance
was granted or unless substantial construction is completed, as the
case may be.
C.
Special permit uses.
(1)
The Board of Appeals after public hearing may grant permits for special
uses if it finds that:
(a)
The use will not create a hazard to health, safety, morals or
public welfare.
(b)
The use will not depreciate or tend to depreciate the value
of surrounding property.
(c)
The use will not be detrimental to the neighborhood and will
not alter the essential character of the area.
(d)
The use possesses characteristics that will blend desirably
with the neighboring property and will secure the objectives of this
chapter.
(e)
The location, size of the use and structure, nature and intensity
of the operation involved, size of the site in relation to it, and
the location of the site with respect to the streets giving access
to it are such that it will be in harmony with the orderly development
of the district.
(f)
The location, nature and height of buildings, walls and fences
will not discourage the appropriate development and use of adjacent
land and buildings.
(g)
The use shall not conflict with the Town's land use plan or
any part thereof.
(h)
The proposal will provide proper controls for vehicular and
pedestrian movement so that public safety is maintained, undue traffic
congestion is avoided and the efficient functioning of highways is
promoted.
(i)
The proposal will not significantly increase the possibility
of nuisance, odors, dust or noise from the site.
(k)
The proposal will not adversely impact on any unique cultural,
historical, architectural or other special characteristics of the
site or neighboring sites.
(l)
The use will be provided with adequate supporting services such
as fire and police protection, public and private utilities and other
supporting governmental services.
(m)
Any private residential noncommercial tower shall be no higher
than the distance from its base to the lot line. The Zoning Board
of Appeals may grant such a permit subject to such terms and conditions
as it may deem necessary and proper.
(n)
With respect to nurseries, that:
[Added 6-18-2011 by L.L. No. 3-2011]
[1]
Access driveways and roads will be located at least 50 feet from
the nearest residential property line.
[2]
Proper buffering, consisting of fencing and vegetative screening,
is provided between the nursery and all neighboring residential properties.
[3]
No equipment or vehicles will be parked within 100 feet of the nearest
residential property line.
[4]
No products other than trees, flowers and shrubs may be stored within
50 feet of the nearest residential property line.
[5]
No manure, dust or odor-producing substance may be located or stored
within 200 feet of the nearest property line.
(2)
Prior to the hearing, and after a determination of environmental
significance has been made under the provisions of the State Environmental
Quality Review Act, the Zoning Board of Appeals shall transmit to
the Planning Board of the Town of Onondaga the application for the
special permit and all related documents. No decision on the application
shall be rendered until the Zoning Board of Appeals has received and
considered an opinion from the Planning Board. If no opinion is received
within 30 days from the day of transmittal to the Planning Board,
the Planning Board shall be deemed to have approved the application.
(3)
Any permit granted in accordance with the provisions of this subsection
shall automatically lapse unless substantial construction or use of
the property, as the case may be, is accomplished in accordance with
the plans for which such permit was granted within one year from the
date of granting such variance by the Board, or, if judicial proceedings
to review the Board's decision shall be instituted, from the date
of entry of the final order in such proceedings, including all appeals.
D.
Public hearings.
(1)
Whenever, in this chapter, relief is requested from the Board of
Appeals, such relief may be granted by the Board of Appeals only after
the Board of Appeals has held a public hearing thereon.
(2)
Notice of the time and place of such public hearing shall be given
by the Board of Appeals as follows:
(a)
By publishing a notice of the time and place of said public
hearing in a newspaper of general circulation in the Town of Onondaga
at least once, the time of such hearing to be chosen and designated
by said Board of Appeals, but not less than five days nor more than
30 days from the date of such published notice.
(b)
Provided that where an application has been made to the Board
of Appeals for approval to erect or maintain in any district premises
for the sale of beer or liquor for consumption on the premises, notices
of said public hearing shall be given by mail as follows:
[1]
To the owners and residents of all the property which is situated
on the same street or road as the property for which the approval
is sought, and situated within 500 yards in either direction from
the proposed building or use for which approval is sought.
[2]
If a road or street intersects the road or street on which the
proposed building or use for which such an approval is sought, and
if the intersection is within 200 yards of the proposed building or
use in question, then mailed notice shall also be sent to the owners
and residents for a distance of 200 yards in either direction along
said intersecting road from the point of intersection.
[3]
If the application sought is for the use of a building or land where the 500 yards or 200 yards specified in Subsection D(2)(b)[1] and [2] above penetrate an adjoining district, the distance to which mailed notices shall be sent to residents and owners therein shall, for that part of the distance which penetrates the said adjoining district, be measured in feet rather than in yards.
[4]
All notices required under this Subsection D(2)(b), whether by mail, by publication or by posting, shall be given at least 15 days prior to the date of the required public hearing.
[5]
Failure of any property owner or resident to receive any mailed notice shall not void any approval granted under this Subsection D(2)(b). An affidavit of the Town Clerk or other person mailing such notice shall be prima facie evidence that such mailing was made and the notice required hereunder has been given.
The Town Board may from time to time establish a schedule of
fees to defray all or part of the expense of any notices, hearings,
permits and approvals under this chapter, which fee or fees shall
be paid by the applicant at the time of application.[1]
[1]
Editor's Note: The current fee schedule is on file in the
office of the Town Clerk.
[Amended 5-15-1995 by L.L. No. 2-1995]
A.
Violation of this chapter is hereby declared to be an offense, punishable
by a fine not exceeding $350 or imprisonment for a period of not to
exceed 15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $350 nor more
than $700 or imprisonment for a period not to exceed 15 days, or both;
and, upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
of not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed 15 days, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter or regulation shall be deemed misdemeanors, and for
such purpose only all provisions of law relating to misdemeanors shall
apply to such violations. Each week's continued violation shall constitute
a separate additional violation.
B.
In case any building or street is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used, or any land is divided into lots, blocks or sites in violation
of this chapter, the Town Board of the Town of Onondaga, New York,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use or division of land, to
restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about such premises.
The Town Board of the Town of Onondaga may, from time to time,
designate, appoint and pay compensation to a person or persons to
administer, supervise and enforce the rules and regulations of this
chapter.
[Added 12-3-2012 by L.L. No. 8-2012]
A.
Explicitly prohibited uses.
(1)
The following uses and activities (being respectively defined in Subsection D below of this § 285-43.1) are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
(a)
Land application facility;
(b)
Natural gas and/or petroleum exploration activities;
(c)
Natural gas and/or petroleum extraction activities;
(d)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
(e)
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
(f)
Natural gas compression facility;
(g)
Natural gas processing facility;
(h)
Nonregulated pipelines;
(i)
Underground injection; and
(j)
Underground natural gas storage.
(2)
Any condition caused or permitted to exist in violation of this
section is a threat to public health, safety and welfare, and is hereby
declared and deemed to be a nuisance. Collectively the above expressly
prohibited uses may be referred to in this chapter as "explicitly
prohibited uses," any one of the above expressly prohibited uses may
be referred to in this chapter as an "explicitly prohibited use,"
and any combination of more than one such use may also be referred
to as "explicitly prohibited uses."
B.
Prohibition against natural gas and/or petroleum extraction, exploration
or production wastes. The Town of Onondaga hereby exercises its authority
and right under NY ECL § 27-0711 to adopt local legislation
that is consistent with the Environmental Conservation Law Article
27, such consistency demonstrated by the fact that this section complies
"with at least the minimum applicable requirements" set forth in such
statute, and the rules and regulations promulgated pursuant to said
Article 27. It shall be unlawful for any person to produce, store,
inject, discard, discharge, dispose release, or maintain, or to suffer,
cause or permit to be produced, stored, injected, discarded, discharged,
disposed, released, or maintained, anywhere within the Town, any natural
gas and/or petroleum extraction, exploration or production wastes.
C.
No application to customary local distribution lines, etc. The prohibitions
set forth above in this section are not intended, and shall not be
construed, to: a) prevent or prohibit the right to use roadways in
commerce or otherwise for travel; b) Prevent or prohibit transmission
lines or the transmission of natural gas through utility pipes, lines,
or similar appurtenances for the limited purpose of supplying natural
gas to residents of or buildings located in the Town; or c) prevent
or prohibit the incidental or normal sale, storage, or use of lubricating
oil, heating oil, gasoline, diesel fuel, kerosene, or propane in connection
with legal agriculture, residential, business, commercial, and other
uses within the Town.
D.
BELOW-REGULATORY CONCERN
GATHERING LINE or PRODUCTION LINE
INJECTION WELL
LAND APPLICATION FACILITY
NATURAL GAS
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DISPOSAL/STORAGE FACILITY
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DUMP
NATURAL GAS COMPRESSION FACILITY
NATURAL GAS PROCESSING FACILITY
NONREGULATED PIPELINES
PIPELINE
RADIATION
RADIOACTIVE MATERIAL
SUBSURFACE
TRANSMISSION LINE
UNDERGROUND INJECTION
UNDERGROUND NATURAL GAS STORAGE
Defined terms. For purposes hereof, and in addition to the terms defined in § 285-4 of this chapter, the following terms shall have the meanings respectively set forth below:
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation threshold established
by any regulatory agency otherwise having jurisdiction over such material
in the Town.
Any system of pipelines (and other equipment such as drip
stations, vent stations, pigging facilities, valve box, transfer pump
station, measuring and regulating equipment, yard and station piping,
and cathodic protection equipment) used to move oil, gas, or liquids
from a point of production, treatment facility or storage area to
a transmission line, which is exempt from the Federal Energy Regulatory
Commission's jurisdiction under Section 1(b) of the Natural Gas Act,
and which does not meet the definition of a "major utility transmission
facility" under the Public Service Law of New York, Article 7, § 120(2)(b).
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
Any of the following in any form, and whether or not such
items have been excepted or exempted from the coverage of any federal
or state environmental protection laws, or have been excepted from
statutory or regulatory definitions of "industrial waste," "hazardous,"
or "toxic," and whether or not such substances are generally characterized
as waste: a) below-regulatory concern radioactive material, or any
radioactive material which is not below-regulatory concern, but which
is in fact not being regulated by the regulatory agency otherwise
having jurisdiction over such material in the Town, whether naturally
occurring or otherwise, in any case relating to, arising in connection
with, or produced by or incidental to the exploration for, the extraction
or production of, or the processing, treatment, or transportation
of, natural gas, petroleum, or any related hydrocarbons; b) natural
gas or petroleum drilling fluids; c) natural gas or petroleum exploration,
drilling, production or processing wastes; d) natural gas or petroleum
drilling treatment wastes (such as oils, frac fluids, produced water,
brine, flowback, sediment and/or any other liquid or semi-liquid material);
e) any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum; f) soil contaminated
in the drilling, transportation, processing or refining of natural
gas or petroleum; g) drill cuttings from natural gas or petroleum
wells; or h) any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum. This definition
specifically intends to include some wastes that may otherwise be
classified as "solid wastes which are not hazardous wastes" under
40 CFR 261.4(b). The definition of "natural gas and/or petroleum extraction,
exploration or production wastes does not include i) recognizable
and nonrecognizable food wastes; or ii) waste generated by agriculture
use.
Any of the following: a) tanks of any construction (metal,
fiberglass, concrete, etc.); b) impoundments; c) pits; d) evaporation
ponds; or e) other facilities, in any case used for the storage or
treatment of natural gas and/or petroleum extraction, exploration
or production wastes that: (i) are being held for initial use; ii)
have been used and are being held for subsequent reuse or recycling;
iii) are being held for treatment; or iv) are being held for storage.
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
Those facilities or combination of facilities that move natural
gas or petroleum from production fields or natural gas processing
facilities in pipelines or into storage; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements. Specifically includes production
lines and gathering lines.
All parts of those physical facilities through which petroleum,
gas, hazardous liquids, or chemicals move in transportation (including
pipes, valves and other equipment and appurtenances attached to pipes
and other equipment such as drip stations, vent stations, pigging
facilities, valve boxes, transfer pump stations, measuring and regulating
equipment, yard and station piping, and cathodic protection equipment),
whether or not laid in public or private easement or private right-of-way
within the Town. This includes, without limitation, gathering lines,
production lines, and transmission lines.
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
an industrial process. Such material is "radioactive material" for
purposes hereof, whether or not it is otherwise exempt from licensing
and regulatory control pursuant to the NYS Department of Labor, the
U.S. Nuclear Regulatory Commission, the U.S. Environmental Protection
Agency, the U.S. Department of Energy, the U.S. Department of Transportation,
or any other regulatory agency.
Below the surface of the earth, or of a body of water, as
the context may require.
A pipeline that transports oil, gas, or water to end users
as a public utility and which is subject to regulation either by the
Federal Energy Regulatory Commission's jurisdiction under Section
1(b) of the Natural Gas Act, or as a "major utility transmission facility"
under the Public Service Law of New York, Article 7, § 120(2)(b).
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
E.
Preexisting, legal nonconforming natural gas and/or petroleum extraction
activities. Notwithstanding any provision of this chapter to the contrary,
any natural gas and/or petroleum extraction activities that are being
conducted in the Town as of the effective date of this local law[1] shall be subject to the following:
(1)
Applicable requirements.
(a)
If, as of the effective date of this local law,[2] substantive natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation all valid permits required to be issued by the New York State Department of Environmental Conservation ("DEC") and all other regulating agencies for such activities, then and only then such activity shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsection E(2) and (3).
[2]
Editor's Note: "This local law" refers to L.L. No. 8-2012,
adopted 12-3-2012.
(b)
Natural gas and/or petroleum extraction activities that are
being conducted in the Town as of the effective date of this local
law[3] and which do not qualify for treatment under the preceding Subsection E(1)(a) shall not be grandfathered, and shall in all respects be prohibited as contemplated by Subsection A of this § 285-43.1.
[3]
Editor's Note: "This local law" refers to L.L. No. 8-2012,
adopted 12-3-2012.
(2)
Upon the depletion of any well which is allowed to remain in
operation after the effective date of this local law[4] by virtue of Subsection E(1)(a), or upon any other substantive cessation of natural gas and/or petroleum extraction activities [otherwise grandfathered by virtue of Subsection E(1)(a)] for a period of more than 12 months, then and in such event the nonconforming use status of such activity shall terminate, and thereafter such natural gas and/or petroleum extraction activities shall in all respects be prohibited as contemplated by Subsection A of this § 285-43.1.
[4]
Editor's Note: "This local law" refers to L.L. No. 8-2012,
adopted 12-3-2012.
(3)
Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection E(1)(a) is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this local law.[5] Any expansion or attempted or purported expansion shall not be grandfathered under Subsection E(1)(a), and instead shall in all respects be prohibited as contemplated by Subsection A of this § 285-43.1.
[5]
Editor's Note: "This local law" refers to L.L. No. 8-2012,
adopted 12-3-2012.
[1]
Editor's Note: "This local law" refers to L.L. No. 8-2012,
adopted 12-3-2012.
A.
Special permit application. Any owner or lessee of property in the
Town of Onondaga desiring to recover, produce or process methane gas
at sanitary landfills, for the purpose of energy generation or otherwise,
shall obtain a special permit therefor from the Town Board. In order
to obtain such permit, the applicant shall file with the Town Clerk
of the Town of Onondaga an application for such permit which shall
set forth and include the following items, unless specifically waived
for good cause by the Town Board:
(1)
A detailed statement of proposed operations.
(2)
Drawings and plans prepared and certified by a licensed professional
engineer relating to the proposed construction and use of the premises,
including the location, construction and dimensions of proposed buildings,
the gas collection and energy generation systems and such related
information as the Town Board may require.
(3)
An attorney's opinion of title or title policy, in a form satisfactory
to the Town's legal counsel, certifying the names of the record owners
and mortgagees, if any.
(4)
Copies of any permits which may be required from the New York State
Department of Environmental Conservation authorizing such operations
upon the premises, together with all supporting papers submitted in
support of such application to the Department of Environmental Conservation.
B.
Permit fee; period of validity; nontransferability.
[Amended 5-2-2011 by L.L. No. 2-2011]
(1)
The applicant shall pay to the Town Clerk such sum as shall be set
from time to time by resolution of the Town Board for each permit
proposed to be issued by the Town Board.
(2)
The Town Board may issue a permit for a period of one year from the
date said permit is granted. Said permit shall not be transferable
without the express written permission of the Town Board, but may
be renewed thereafter for successive periods of one year, upon payment
of a renewal fee as shall be set from time to time by resolution of
the Town Board.
C.
Standards for issuance of permit. The Town Board, as a condition
for issuance of such permit, may require compliance with all applicable
state and federal laws, rules and regulations, including but not limited
to the New York State Environmental Conservation Law and rules and
regulations heretofore or hereafter put into effect by the New York
State Department of Environmental Conservation. The Town Board may
also request compliance with such reasonable conditions as it may
impose relating to the following:
(1)
Prevention of air and water pollution.
(2)
Noise reduction and control.
(3)
Safety regulations for the protection of life, health or property.
(4)
Construction and installation of natural and man-made buffers and
screening materials.
(5)
The termination of operations, including but not limited to the venting
and burning of gases, the removal of equipment and restoration of
the site.
(6)
The keeping of records and recording procedures.
(7)
The deposit of security and insurance policies related to methane
gas recovery and energy generation operations, in the amounts prescribed
by the Town Board.
(8)
Periodic inspection and maintenance.
(9)
Certifications by licensed professional engineers and other consultants.
D.
Revocation or suspension of permit; penalties for offenses.
(1)
If the Town Board of the Town of Onondaga shall find that any operation
permitted hereunder is not being conducted in accordance with the
conditions hereinbefore set forth and as established by the Town Board,
a notice, in writing, shall be served upon the holder of the permit
directing that the conditions be remedied within 10 days after the
service of such notice. If such conditions are not corrected after
the expiration of said ten-day period, the Town Board may cause a
notice to be made, in writing, to the holder of said permit requiring
the holder of the permit to appear before the Town Board at a time
to be specified in such notice and show cause why such permit should
not be revoked or suspended. The Town Board may, after hearing the
testimony of witnesses and the holder of such permit, revoke or suspend
such permit if the Town Board shall find that said operation is not
being conducted in accordance with the provisions of this chapter.
(2)
In the event that such operation does not cease and desist within
three days of such revocation or suspension, a penalty shall be assessed
against the owner of the permit in the amount of $1,000 per day for
each day such operation continues, without any waiver to the Town
to enforce such suspension in the Supreme Court of the State of New
York.
E.
Security for property management and monitoring of landfill.
(1)
Recognizing that sanitary landfills are the depositories for solid
waste and as such present actual and potential hazards to the environment,
including but not limited to exposed waste material, noxious odors
and contamination of surface waters and groundwaters, and that such
landfills, when closed, must continue to be operated and monitored
in a manner which assures that such environmental hazards are controlled
and prevented to the maximum extent possible, no permit shall be issued
hereunder unless the owner of the sanitary landfill upon which the
methane gas recovery system is to be constructed deposits with the
Town of Onondaga security as hereinafter described.
(2)
Such security shall be in the form of cash, bank letter of credit,
surety bond executed by one or more sureties satisfactory to the Town
Board, or such other form of security as may be approved by the Town
Board. The terms and provisions under which such security is held
by the Town shall be subject to the approval of the Town Board and
shall require that such security remain in full force and effect for
as long as the permit issued hereunder, and any renewals thereof,
is in effect.
(3)
The Town Board shall determine the amount of such security based
upon the size of the closed sanitary landfill, the method by which
such landfill was closed, the nature and extent of the methods by
which such landfill is to be managed and monitored, including the
degree of anticipated testing, repair and maintenance of the landfill
cover, and history of environmental problems experienced at the landfill.
(4)
Such security shall be held by the Town of Onondaga upon the condition
that the sanitary landfill be managed and monitored in accordance
with all applicable federal, New York State, County of Onondaga and
Town of Onondaga laws, ordinances, rules and regulations, including
but not limited to the rules and regulations promulgated pursuant
to New York State Environmental Conservation Law. The terms and provisions
under which such security is held shall provide that such security
shall be forfeited in the event that the owner of the landfill fails
to comply with such laws, ordinances, rules and regulations.
(5)
The security required hereunder shall be in addition to the security which may be required pursuant to Subsection C(7) of this section, but may be waived or the amount thereof reduced by the Town Board in the event that the owner of the landfill has already deposited security with the Town of Onondaga pursuant to any other local law or ordinance of the Town regulating sanitary landfills.
This chapter may be amended from time to time by local law in
accordance with the procedures set forth in the New York State Municipal
Home Rule Law.
[Amended 4-3-2017 by L.L.
No. 2-2017]
The Zoning Map for the Town of Onondaga titled "Town of Onondaga
Zoning Districts, 2016 Master Plan," prepared by C&S Companies,
dated April 19, 2016, showing the locations of various zoning district
classifications applying to land within the Town limits, is hereby
adopted as the official Zoning Map of the Town of Onondaga and shall
supersede and replace any and all other zoning maps of the Town of
Onondaga.[1]
[1]
Editor's Note: Said Zoning Map and amendments thereto are
on file in the office of the Town Clerk.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State of the State of New York. The prior
zoning ordinance known as the "Town of Onondaga Zoning Ordinance of
1971" will remain in effect until the effective date of this chapter,
at which time the prior ordinance will be deemed repealed and will
cease to be in effect.
