Town of Marcellus, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Marcellus 10-15-2009 by L.L. No. 4-2009. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating and restricting the location, erection and use of buildings, structures and the use of land in the Town of Marcellus and for said purposes dividing the Town into zoning districts.
The Town Board of the Town of Marcellus in the County of Onondaga, under authority of Chapter 62, Article 16, of the Consolidated Laws of the State of New York as amended, hereby enacts and publishes the following.
This chapter shall be known and may be cited as "Town of Marcellus Zoning Law of 2009 and Map."
A. 
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
(1) 
Words used in the present tense include the future tense.
(2) 
The singular number includes the plural.
(3) 
The word "person" includes a corporation as well as an individual.
(4) 
The word "lot" includes the word "plot" or "parcel."
(5) 
The terms "shall" and "must" are always mandatory.
B. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY (IN-LAW) APARTMENT
A secondary dwelling unit, including kitchen facilities, located within or attached to a single-family dwelling, for occupancy by a maximum of two persons, one of whom must be a member of the immediate family (related by blood, marriage, or adoption) of the owner or resident of the principal dwelling. The secondary unit must contain a minimum floor area of 400 square feet, but cannot exceed 30% of the total square footage of the principal dwelling. The secondary unit must have internal access to the principal dwelling and meet all applicable building and other codes. The building must maintain the appearance of a single-family dwelling, and have only one set of utility services.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADULT ARCADE
An establishment where, for any form of consideration, one or more still or motion picture projectors, slides 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 areas.
ADULT BOOKSTORE OR VIDEO STORE
A business that 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 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 CABARET
A nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or in a state of nudity or semi-nudity; or live performances which are characterized by the exposure of specified anatomical areas 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 areas.
ADULT LIVE ENTERTAINMENT
A business where an adult male or female exposes parts of their body identified in specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar business that 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 areas 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; or 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 THEATER
An 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 areas for observations by patrons therein.
ADULT NOVELTY STORE
A 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 any form of consideration, instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomachistic use or abuse of themselves or others.
ADULT USE
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 areas, 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.
(1) 
(a) 
Less than the completely and opaquely covered human genitals, pubic region, pubic hair or buttocks or female breast or breasts below a point immediately above the top of the areola.
(b) 
Human male genitals in a discernible turgid state even if completely and opaquely covered.
(2) 
(a) 
Human genitals in a state of sexual stimulation or arousal.
(b) 
Acts of actual or simulated human masturbation, sexual intercourse, oral copulation or sodomy.
(c) 
Fondling or other intentional erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
(d) 
Excretory functions as part of or in connection with any of the activities set forth in Subsection (2)(a) through (c).
ALTERATIONS
As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include, but not be limited to, radio-navigation, radio, television, wireless, and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.
AREA, NET SITE
The total area within the property lines of a project excluding external streets.
BASEMENT
That portion of a building that is partly or completely below grade.
BED-AND-BREAKFAST
An owner-occupied, single-family dwelling providing sleeping accommodations and a meal in the forenoon of the day, on a temporary basis and for compensation.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING AREA
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING PERMIT
The written authorization from the Code Enforcement Officer required before commencing construction or other improvement, removal, relocation or demolition of any building or structure and before the installation of heating equipment or wood burning devices. A permit gives approval for the construction or use, subject to the conditions set forth in § 235-23 of this chapter.
(1) 
The distance as measured:
(a) 
From any street line to the front line of the main or principal building on a lot;
(b) 
From the face of the side of a building to the side lot boundary line; and
(c) 
From the face of the rear of a building on a lot to the rear lot lines.
(2) 
The front property line and street line shall be determined to be the same line.
BUILDING, ACCESSORY
A structure or piece of equipment that serves the principal use; is subordinate in area, extent, and purpose to the principal use; and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.
BUILDING, FRONT LINE OF
The line created by the face of the building (as extended to the side boundary lines) nearest the front line of the lot. This face includes sun parlors, porches, and decks, whether enclosed or unenclosed but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at 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.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
CARE HOME
A facility occupied as a temporary or permanent residence by three or more persons, and designed primarily as housing for persons in need of care or supervision for reasons of chronic illness, handicap, age, senility, or convalescence. Facilities shall include, for example, nursing homes, rest homes, homes for prenatal care, and convalescent homes, but shall exclude medical care facilities.
CEMETERY
Land, place, structure, facility, building or any portion thereof improved and maintained for the interment of human remains and may include interment structures, such as mausoleums, administrative and maintenance structures and facilities for conducting funeral services, but excludes facilities for the cremation of human remains.
[Added 8-12-2013 by L.L. No. 2-2013]
CERTIFICATE OF OCCUPANCY OR COMPLIANCE
A written statement from the Code Enforcement Officer or other properly authorized person that the construction or use proposed under the same numbered permit, is completed and complies with the existing regulations of the Zoning Local Law. A certificate of occupancy serves as authorization to occupy the facility. A certificate of compliance confirms that the improvements meet all conditions of the permit.
CHURCH
A structure (including a synagogue, mosque, or temple) used for worship or religious instruction, together with social and administrative rooms accessory thereto.
CODE ENFORCEMENT OFFICER
A person employed by the Town of Marcellus to enforce the provisions of this chapter and the Uniform Code.[1] May also be referred to as "Zoning Officer."
COUNTRY STORE
A use that would provide opportunities for agricultural enterprises located in the Town to retail their products directly to consumers. Agricultural products grown or otherwise produced by the owner must constitute a substantial portion of all items sold. The sale of other related items of an agricultural or country nature is permitted to attract customers and promote the sale of the owner's agricultural products. Such related items include produce, plants, lawn and garden supplies, pet food, baked goods, ice cream, clothing items promoting the store, and the like. Prohibited sales include vehicles, petroleum products, hardware, tobacco products, beer and liquor, nonpromotional clothing, furniture, sporting goods, farm or garden machinery, and other items not related to and designed to promote the agricultural nature of the establishment.
DAY-CARE CENTER
A facility offering care for three or more children in other than a residential dwelling, for more than three hours per day, but not more than 24 hours per day.
DISSEMINATION
The 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 areas.
DWELLING
A building designed or used exclusively as the living quarters for one or more families.
DWELLING AREA
See "floor area."
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities for one family.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more families living independently of each other.
DWELLING, ONE-FAMILY
A detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families living independently of each other.
FAMILY
One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club fraternity or hotel.
FAMILY DAY CARE
Consistent with § 390 of NYS Social Services Law, a program caring for three to six children in a residential dwelling, for more than three hours per day, but not more than 24 hours per day. Such program may include an additional one or two school-age children if those children receive care outside school hours.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
FARM
Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, poultry and/or dairy products. It includes necessary farm structures within the prescribed limits, and storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
FARM POND
Natural or man-made body of water, the primary purpose of which is agriculture.
FILLING STATION
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning or servicing such motor vehicles.
FLOOR AREA
The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of exterior walls excluding attic space with less than seven feet of headroom, basements, garages, terraces, breezeways, and parking ports.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity of not more than three automobiles or not more than one automobile per family housed in the building to which such a garage is accessory, whichever is greater.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public, which may be operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GROUP FAMILY DAY CARE
Consistent with § 390 of NYS Social Services Law, a program caring for seven to 12 children in a residential dwelling, for more than three hours per day, but not more than 24 hours per day. Care may also be provided for up to four additional school-age children outside school hours.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
HOME OCCUPATION
An accessory use of a character customarily conducted within a dwelling by the resident(s), which is clearly secondary to the residential use of the dwelling, and does not change the residential character of the dwelling or have any exterior evidence of such secondary use, except signs as permitted by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
HOTEL
A building or group of buildings containing rooms that is to be used, rented, or hired out to be occupied as temporary lodging for sleeping purposes. Kitchens, dining rooms, meeting rooms, and other facilities intended for the accommodation of its patrons may be provided within the building or in an accessory building. A bed-and-breakfast is not considered a hotel.
KENNEL
One or more structures used for the harboring of more than three dogs that are more than six months old for commercial purposes.
LOT
Land occupied or capable of being occupied by a building and its accessory buildings, together with such open spaces as are required, created in compliance with Town ordinances and local laws, having not less than the minimum area, width, depth and all other requirements for the zoning district in which said land is located, as set forth in the Zoning Law, and in compliance with all other applicable laws, rules and regulations.
LOT COVERAGE
That percentage of the lot covered by the area of all buildings and structures.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT LINE
Any line dividing one lot from another.
LOT WIDTH
The width of a lot measured along the street line.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets or proposed public rights-of-way.
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets.
MASSAGE
A 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 such treatment, manipulation or service related thereto, exposes his or her specified anatomical areas.
MASSAGE ESTABLISHMENT
Any business where body rubs, body shampoos, massages (as defined above) or similar services are administered. This definition shall not include the profession of massage therapy by persons licensed or authorized pursuant to Article 155 of the NYS Education Law, nor to those persons specifically exempt from Article 155 of the NYS Education Law.
MEDICAL CARE FACILITY
A facility where medical care is offered to persons on an inpatient or outpatient basis by one or more licensed members of the medical profession, including hospital, clinic, physicians' office, but not including home occupations, or nursing and convalescent homes (see "care home").
MOBILE HOME
A structure, transportable in one or more sections, that is built on a chassis, and is designed for residential occupancy, and provided with mechanical systems, such as plumbing, heating, electrical, and refrigeration equipment. It may be on wheels or a permanent foundation, but excludes travel trailers, motor homes, camping trailers, and other forms of recreational vehicles.
MOBILE HOME PARK
A lot on which two or more mobile homes are located.
NATURAL GAS
Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
[Added 1-14-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXPLORATION
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, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.
[Added 1-14-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION MATERIALS
Any solid, semisolid, liquid, semi-liquid or gaseous material used in the exploration or extraction of natural gas.
[Added 1-14-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXTRACTION
The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons.
[Added 1-14-2013 by L.L. No. 1-2013]
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting station, or compressor associated with the exploration or extraction of natural gas or petroleum.
[Added 1-14-2013 by L.L. No. 1-2013]
NATURAL GAS EXPLORATION AND/OR PETROLEUM PRODUCTION WASTES
Any garbage, refuse, cuttings, sludge, flow-back fluids, produced waters or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas and/or petroleum.
[Added 1-14-2013 by L.L. No. 1-2013]
OUTDOOR STORAGE
The use of land for the outdoor storage of equipment, materials, supplies, vehicles, or merchandise. Such uses include, by illustration, lumber, building supplies, equipment, automobiles, and contractors' storage, but exclude junkyards, waste, or scrap products.
PARKING SPACE
An off-street space used for the temporary parking of one licensed motor vehicle, not including access driveway, and having direct access to a public street.
PERSON
An individual or group of individuals, corporation, association, partnership, or other entity.
POLITICAL SIGN
A sign of political nature, relating to a special or general election or referendum or other specific political event.
[Added 5-9-2011 by L.L. No. 1-2011]
RECREATION, INDOOR
A recreation use or facility designed and equipped for the conduct of sports, amusement or leisure time activities and other customary recreational activities within an enclosed building. Examples include gymnasiums and exercise/fitness centers, community centers, tennis or other racquet courts, bowling alleys, indoor soccer facilities, team sports arenas, racquetball and tennis clubs, ice- and roller-skating rinks, swimming pools, curling centers, billiard parlors, and firearms ranges, but not including amusement rides or regular live entertainment.
RECREATION, OUTDOOR
A recreation use or facility designed and equipped for the conduct of sports, amusement or leisure-time activities and other customary recreational activities outside of an enclosed building. Examples include team sports playing fields, including stadiums and arenas, golf courses and driving ranges, miniature golf, batting and pitching cages, hard or soft courts, skateboard parks, motorized vehicle racing, pony rides, firearms and archery ranges, swimming pools, water slides, ice rinks, and amusement parks.
RECREATION, PRIVATE
A recreation use or facility not owned or operated by a public agency.
RECREATION, PUBLIC
A recreation use or facility owned or operated by a public agency.
ROAD
See "street."
RURAL OCCUPATION
An occupation that is carried on in a dwelling unit or on a property where a dwelling unit exists, provided that the occupation is carried on by the resident owner of the property or a resident member of the owner's immediate family. A "rural occupation" must clearly be incidental or accessory to the principal use of the property, and may include mechanical and/or repair work, engine repairs, appliance repair, stands for the sale of baked goods, home crafts or nursery merchandise, small-scale off-site construction, driveway installation or repairs, landscaping, delivery services, beauty parlors, and small low-intensity businesses of a similar nature. A "rural occupation" shall not include restaurants, parking lots, drive-in retail fuel stations, outdoor storage of inoperative motorized equipment, or other high-intensity businesses of a similar nature.
SIGN
Any structure or part thereof attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement direction or advertisement. The word "sign" includes the word "billboard," but does not include" "posted" or "no trespassing" signs, the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional and religious or like campaign, drive, movement, or event.
[Amended 5-9-2011 by L.L. No. 1-2011]
SPECIAL USE
A use that is deemed allowable within a given zone, but which is potentially incompatible with other uses, and therefore, is subject to special standards and conditions set forth for such use subject to approval by the Zoning Board of Appeals.
STORAGE TRAILER
A complete truck used for storage of materials, supplies or tools, or a van type of trailer such as is usually towed by a tractor. It may be mounted on wheels or skids and is not intended for habitation.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STREET
A public right-of-way for vehicular traffic that is publicly owned, open to the general public, and has been accepted by the Town. The term includes designations such as highway, parkway, road, avenue, boulevard, lane, place, drive, alley, and other variations.
STREET LINE
The common boundary of a street right-of-way, as distinguished from the pavement, and the front property line of a parcel.
STRUCTURE
A combination of materials, including a building as defined herein, to form a construction that is safe and stable and includes among other things, decks, sheds, fences, swimming pools, display signs, radio towers, satellite dishes over three feet in diameter and windmills.
SWIMMING POOL
Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.
TELECOMMUNICATIONS TOWER
A structure on which transmitting and/or receiving antenna(s) are located.
TRAILER
A vehicle designed to be towed for the purpose of transporting goods, wares, or merchandise.
UNIFORM CODE
New York State Uniform Fire Prevention and Building Code effective January 1, 1984, and as subsequently revised and/or amended.[2]
USE
The specific purpose, for which land, building, or other structure is designed, intended, arranged, utilized, or maintained.
USE, ACCESSORY
See "accessory use."
YARD, FRONT
An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Porches and decks, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, REAR
An open unoccupied space on the same lot with a main building, 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 lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the center line of the alley if there be an alley, and the rear line of the building.
YARD, SIDE
An open unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot and if no rear yard is required the rear boundary of the side yard shall be the rear line of the lot.
ZONING PERMIT
The written authorization from the Code Enforcement Officer, other than a building permit, that the construction or use proposed is in accord with the regulations of the Zoning Law. A permit gives approval for the construction or use, subject to conditions set forth in § 235-23 of this chapter.
[1]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
[2]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
A. 
Zones; Zoning Map.
(1) 
For the purpose of promoting the public health, safety, morals and general welfare of the community, the Town of Marcellus is hereby divided into the following zones:
R-1 Zone: Residential
R-2 Zone: Residential (Lake Shore)
R-3 Zone: Residential (Multiple Dwelling)
R-4 Zone: Residential
A-1 Zone: Agricultural
B-1 Zone: Business
L-1 Zone: Light Industry
PUD Zone: Planned Unit Development
(2) 
In addition, overlay controls shall apply in designated areas as shown on Zoning Map. Subdivisions of these types and additions of other types may be made as amendments to this chapter.
(3) 
Said zones are bounded and defined as shown on a map titled "Zoning Map of the Town of Marcellus, New York," dated July 2009, and certified by the Town Clerk which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter. Such Zoning Map is hereby adopted as the Official Zoning Map of the Town of Marcellus and shall supersede and replace any and all other Zoning Maps of the Town of Marcellus.[1]
[1]
Editor's Note: Said Zoning Map and amendments thereto are on file in the office of the Town Clerk.
B. 
Rules for interpretation. The following rules shall apply for any of the aforesaid zones as shown on the Zoning Map:
(1) 
Where zone boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines or highway right-of-way lines shall be construed to be such boundaries.
(2) 
Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
(3) 
Where zone boundaries are so indicated that they are approximately parallel to the center lines of streets, or the center lines of right-of-way lines of highways, such zone boundaries shall be construed as being parallel thereto and at such district 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.
(4) 
Where the boundary of a zone follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.
(5) 
Where the boundary of zone follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Marcellus unless otherwise indicated.
[Amended 1-14-2013 by L.L. No. 1-2013]
Except as 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 herein specified for the zone in which it is located.
B. 
No building shall hereafter be erected or altered:
(1) 
To accommodate a house for a greater number of families;
(2) 
To occupy a greater percentage of lot area; or
(3) 
To have narrower or smaller front yards, side yards or rear yards than is specified herein for the zone in which such building is located.
C. 
No part of a yard or other 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 similarly required for another building.
D. 
Where the Zoning Board of Appeals finds that extraordinary hardship may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variation will not have the effect of nullifying the intent and purpose of the Official Zoning Map or these regulations. The foregoing provision does not apply in matters involving variances.
E. 
In residential zones, there shall be only one principal use of a lot. In all zones, permitted agricultural uses may be carried on in conjunction with a residential use, but in no event shall a lot contain more than one residential dwelling structure. In nonresidential zones, more than one principal use may occupy a lot or structure upon issuance of a special permit, and site plan review and approval.
F. 
Any use not expressly or specifically set forth as a permitted use in any zone shall be prohibited in that zone. A use specifically set forth as a permitted use in one zone shall not be permitted in another zone unless it is expressly and specifically set forth as a permitted use in said other zone.
The measurements included in the Table of Lot and Building Limitations included as an attachment to this chapter shall apply to the appropriate zone as indicated in the table.
The following regulations shall apply to all uses in the R-1 Residential Zone:
A. 
Permitted principal uses:
(1) 
One-family dwelling and private garage.
(2) 
A church on a lot not less than two acres.
(3) 
Public park, playground or recreational area, including those operated by membership organizations for benefit of members, not for gain.
(4) 
Public school, institution of higher education, public library, municipal building other than a public work garage or a public work storage area.
(5) 
Customary agricultural operations, provided that:
(a) 
There shall be no storage of manure or odorous substances within 100 feet of any property line.
(b) 
No building shall be erected for farm purposes on any lot of less than five acres or be nearer than 100 feet to any street line or 100 feet to any other property line.
(c) 
No sales on the premises shall be permitted for any materials, goods or produce except those grown on the premises.
(d) 
These restrictions shall not unreasonably restrict or regulate farm operations within an agricultural district, unless it can be shown that the public health or safety is threatened.
(6) 
Other uses subject to special permit by Zoning Board of Appeals and subject to the conditions stated below:
(a) 
Recreational facilities, including clubs and lodges. On a lot of five acres or more, a social club or lodge, and social and recreational buildings in connection therewith, providing that:
[1] 
Such facilities shall be located at such distance from any lot line as the Zoning Board of Appeals finds to be necessary in any particular case, but in any event not less than 100 feet.
[2] 
The State and County Departments of Health shall certify that such installation will comply with their respective codes or regulations.
(b) 
Care home. On a lot of five acres or more, provided that such home is located at least 75 feet from any street or lot line and contain accommodations for not more than 10 patients and staff members per acre.
(c) 
Medical care facility. On a lot of five acres or more, provided that any building so used be located at least 100 feet from any street or lot line.
(d) 
Day-care center. On a lot of five acres or more, provided that:
[1] 
It shall be approved by the Office of Children and Family Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2] 
An appropriately enclosed play space shall be located not less than 75 feet from any street or lot line.
(e) 
Not-for-profit museums, art galleries, and libraries. On a lot of two acres or more, provided that the grounds and exterior of all buildings shall be maintained in conformity with the prevailing standards of the surrounding residential neighborhood.
(f) 
Private school. On a lot of five acres or more, provided that:
[1] 
It shall be approved by the State Department of Education.
[2] 
If exempt from real estate taxes, it shall not provide sleeping quarters for more than one resident family in addition to boarding students, resident teachers and maintenance employees.
[3] 
No recreational area in connection with such private school shall be within 100 feet of any lot or street line.
(g) 
Public utility stations or facilities. Facilities include electric or natural gas substations, water-pumping stations, telephone facilities and similar installations. A unit electric substation having a maximum capacity of 10,000 kVA as to any single transformer or a natural gas substation or water pumping station, or other public utility facility shall meet the following requirements:
[1] 
The area covered by the substation installation shall not exceed 50 feet by 75 feet;
[2] 
The minimum size of lot shall be 10,000 square feet with a minimum width of 75 feet;
[3] 
An electric substation installation shall be enclosed by a protective fence and gate; and
[4] 
The location of the station installation within the lot shall be in accordance with a site plan and with suitable landscaping features approved by the Zoning Board of Appeals. The provisions of such an approved site plan with respect to lot size and location of the installation therein, when approved by such Board, shall be in lieu of the provisions applicable to the zone in which the lot is located to the extent that the latter provisions are inconsistent with the approved plan.
(h) 
Storage trailer.
[1] 
To be used incidental to permitted construction.
[2] 
Term: for a period of not more than three months from date of issue. A three-month extension may be granted by the Zoning Board of Appeals in case of an emergency or disaster.
[3] 
Shall contain no full-time living quarters.
(i) 
Access to agricultural and/or light industrial zone may be permitted, provided that the right-of-way is through a lot not less than 150 feet in width, or by other means as approved by the Planning Board. Access roads must be suitably graded and surfaced not closer than 36 feet to any side line. The area between the roadway and the side yard shall be suitably landscaped.[1]
[1]
Editor's Note: Original Subsection A(6)(j), regarding Permitted accessory buildings exceeding 150 square feet, which immediately followed this subsection, was repealed 5-11-2015 by L.L. No. 1-2015.
(j) 
Cemetery: on a lot of five acres or more, provided that:
[Added 8-12-2013 by L.L. No. 2-2013]
[1] 
Notwithstanding § 235-28A(2), such cemetery shall be subject to site plan review and approval consistent with the provisions of § 235-28.
[2] 
No burial or memorial plats or buildings shall be located closer than 25 feet to any residential lot line.
[3] 
All burials shall be undertaken in strict accordance with applicable regulations of the New York State Department of State and Department of Health.
B. 
Permitted accessory uses:
(1) 
The raising of field, fruit and vegetable crops.
(2) 
A noncommercial greenhouse for personal use.
(3) 
On a lot of five acres or less, the keeping of not to exceed one horse or cow per acre.
(a) 
There shall be no storage of manure or odorous substances within 100 feet of any property line.
(b) 
No building housing horses or cows shall be nearer than 100 feet to any street line or 100 feet to any other property line.
(c) 
These restrictions shall not unreasonably restrict or regulate farm operations within an agricultural district, unless it can be shown that the public health or safety is threatened.
(4) 
Home occupations, such as barbers, and sale of home produced crafts; or a professional office or studio of an architect, artist, dentist, doctor, veterinarian, engineer, lawyer, musician, real estate broker or agent, surveyor, teacher or member of a similar established profession (but not including an office or establishment of mortician, undertaker or embalmer) residing on the premises, providing that:
(a) 
The home occupation shall be conducted wholly within the primary structure on the premises. Not more than 15% of the floor area of the primary structure or more than 50% of the area of the ground floor shall be so used.
(b) 
No more than one person not residing in the dwelling unit may be employed in the home occupation.
(c) 
Uses such as studios for instruction in vocal or instrumental music or dancing shall be equipped and used so that sounds therefrom shall not be heard on nearby premises.
(d) 
Signage shall comply with § 235-26D of this chapter.
[Amended 5-9-2011 by L.L. No. 1-2011]
(e) 
Adequate off-street parking spaces for the traffic generated shall be provided so as to effectively eliminate problems created by on-street parking.
(f) 
A special permit will be required for a home occupation if any of the following are present or intended:
[1] 
Sign.
[2] 
Regular delivery or pickup of goods.
[3] 
Nonresident employee(s).
[4] 
Additional parking for work-related visitors.
(5) 
Other accessory uses and structures such as tool and play houses, provided that their use shall be customarily incidental to that of the principal use on the same premises. The uses shall not become noxious or injurious to the health, safety, morals, or general welfare of the community by reason of the production or emission of dust, smoke, noise, refuse matter, odor, gas, fumes, vibration, or similar substances or conditions. Structures shall be architecturally consistent with the character of the neighborhood.
(6) 
Bed-and-breakfast, subject to special permit by the Zoning Board of Appeals and the following conditions:
(a) 
A special permit will be valid for one year and will be renewable on an annual basis contingent on successfully passing an inspection by the Code Enforcement Officer of all applicable conditions.
(b) 
Only a morning meal shall be served and only to registered guests.
(c) 
The number of guests shall not exceed two per available rental room and four people maximum.
(d) 
Off-street parking shall be provided in accordance with this chapter without unreasonably changing the existing residential character of the lot.
(e) 
The maximum length of stay shall be seven nights.
(f) 
An annual inspection for compliance with current fire codes will be required, and a guest book shall be maintained and available for inspection by the Code Enforcement Officer on a yearly basis.
(g) 
Hard-wired smoke detectors shall be placed in each bedroom and on each floor outside the bedrooms.
(h) 
Signage shall comply with § 235-26D of this chapter.
[Amended 5-9-2011 by L.L. No. 1-2011]
(7) 
Family and group family day care.
(8) 
Accessory (in-law) apartment, subject to special permit.
(9) 
Permitted accessory buildings not exceeding 160 square feet in area.
[Added 5-11-2015 by L.L. No. 1-2015]
(a) 
The use shall be consistent with and subordinate to the principal use and may not be carried on independently of the principal use.
(b) 
Accessory buildings over 160 square feet in area are allowed upon the issuance of a special use permit pursuant to § 235-27.
(c) 
The use must conform to applicable lot and building limitations. (See the Table of Lot and Building Limitations, Note 4.[2])
[2]
Editor's Note: The table is included as an attachment to this chapter.
The following regulations shall apply to all uses in the R-2 Residential Zone:
A. 
Permitted principal uses:
(1) 
All principal uses permitted in R-1 zone, except day-care centers, care homes, and medical care facilities, subject to the same requirements as specified.[1]
[1]
Editor's Note: Original Subsection A(2), Docks, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Permitted accessory uses:
(1) 
All accessory uses permitted in R-1 zone, except that permitted accessory buildings may not contain more than 120 square feet in area, must be limited to one story and must be at least three feet from the side and rear lot lines and meet front setback requirements. (See the Table of Lot and Building Limitations, Note 3.[2])
[Amended 5-11-2015 by L.L. No. 1-2015]
[2]
Editor's Note: The table is included as an attachment to this chapter.
(2) 
Boat houses, bath houses and other structures including boat hoists, provided that:
(a) 
No part of the structure is closer than three feet to the side lot line; and that
(b) 
The height of the structure shall not be in excess of 11 feet above the maximum lake level as established by the Onondaga County Water Authority.
(3) 
Docks.
The following regulations shall apply to all uses in the R-3 Residential Zone:
A. 
Permitted principal uses:
(1) 
All principal uses permitted in R-1 zone, except day-care centers, care homes, and medical care facilities, subject to the same requirements as specified.
(2) 
Two-family dwelling.
(3) 
Multiple-family dwelling.
B. 
Permitted accessory uses:
(1) 
All accessory uses permitted in R-1 zone, subject to the same requirements as specified.
The following regulations shall apply to all uses in the R-4 Residential Zone:
NOTE: This zone shall be limited to areas serviced by both public water supply and public sewerage facilities.
A. 
Permitted principal uses:
(1) 
One-family dwelling.
(2) 
A church on a lot not less than two acres.
(3) 
Public park, playground or recreational area including those operated by membership organizations for benefit of members, not for gain.
(4) 
Public school institutions of higher education, public library, municipal buildings other than a public works garage or a public work storage area.
B. 
Permitted accessory uses:
(1) 
All accessory uses permitted in R-1 Zone, except for bed-and-breakfast, subject to the same requirements as specified, except that permitted accessory buildings may not contain more than 120 square feet in area, must be limited to one story and must be at least three feet from the side and rear lot lines and meet front setback requirements. (See the Table of Lot and Building Limitations, Note 3.[1])
[Amended 5-11-2015 by L.L. No. 1-2015]
[1]
Editor's Note: The table is included as an attachment to this chapter.
The following regulations shall apply to all uses in the A-1 Agricultural Zone:
A. 
Permitted principal uses:
(1) 
All principal uses permitted in R-1 zone, subject to the same requirements as specified.
[Amended 7-14-2014 by L.L. No. 1-2014; 5-11-2015 by L.L. No. 1-2015]
(2) 
Two-family dwelling.
(3) 
Other uses subject to special permit by the Zoning Board of Appeals under conditions as stated below.
(a) 
Farm product processing plants. On a lot of five acres or more:
[1] 
Providing that the principal and accessory structures shall not be less than 100 feet from any property line.
[2] 
No outdoor storage of materials to be processed.
[3] 
Off-street loading space for not less than three trucks shall be provided.
[4] 
There shall be no more than one identifying sign, which shall comply with § 235-26D of this chapter.
[Amended 5-9-2011 by L.L. No. 1-2011]
[5] 
There shall be no discharge of obnoxious waste material.
(b) 
Nurseries and greenhouses. On a lot not less than two acres, and no outdoor storage of manure or animal waste closer than 100 feet from any property line.
(c) 
Indoor and outdoor recreational activities. On a lot of five acres or more, a social club or lodge, and social and recreational buildings in connection therewith, providing that:
[1] 
Such facilities shall be located at such distance from any lot line as the Zoning Board of Appeals shall find to be necessary in any particular case, but in any event not less than 100 feet;
[2] 
The State and County Departments of Health shall certify that such installation will comply with their respective codes or regulations; and
[3] 
There shall be not less than one off-street parking unit for each three members of a golf, swimming or country club, and one such parking unit for each five members of other club or lodges.
(d) 
Sales yards. Farm sales shall be permitted for products produced or raised on the property, with the added proviso that stands or other structures for the sale of such products be located outside of the public right-of-way. However, farm stands/buildings greater than 150 square feet in floor area shall be subject to setbacks and other requirements established for the A-1 Zone.
(e) 
Airports and other air-landing facilities: on a lot not less than 2,000 feet longer than the landing facility and width not less than 1/4 of the aggregate length of the lot.
[1] 
Hangars and parking places for aircraft and equipment shall not be closer than 50 feet from property line.
[2] 
Landing strips shall be located in such a way as to afford a minimum of 50 feet of clearance over any public thoroughfare or right-of-way for telephone or electric facilities in existence at the time of special permit, computed at an approach or glide angle of one inch vertically for 40 feet horizontally, beginning at the end of landing strip.
[3] 
Landing strip shall be located not less than 200 feet from any property line.
(f) 
Dog kennels and animal hospitals. On a lot not less than two acres, provided that:
[1] 
No outdoor runs are maintained closer than 75 feet from a property line.
[2] 
No building shall be closer than 40 feet from the street line.
[3] 
There shall be no more than one identifying sign, which shall comply with § 235-26D of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(g) 
Mobile homes.
[1] 
No enclosed structural additions shall be permitted more than eight feet in width.
[2] 
There are no more than four residential structures within 500 feet of subject mobile home at the time of issuance of permit.
[3] 
The mobile home shall be occupied only by the property owner or members of his/her immediate family.
[4] 
The removal of the mobile home from the premises shall terminate the special permit.
(h) 
Mobile home parks: on lots of not less than five acres, mobile home parks, subject to the provisions of the current Marcellus Township Mobile Home Ordinance.[1],[2]
[1]
Editor's Note: See Ch. 137, Mobile Homes, Mobile Home Parks and Recreational Equipment.
[2]
Editor's Note: Original Subsection A(3)(i), regarding Exploring, drilling, production, transportation and processing of oil and natural gas, which immediately followed this subsection, was repealed 1-14-2013 by L.L. No. 1-2013. See now § 235-19.
(i) 
Country store.
[1] 
Lot not less than five acres.
[2] 
Building size and size of indoor retail areas shall be appropriate to the size of the owner's farm and the type of agricultural products produced by the owner, not to exceed that required to effectively market the owner's farm products directly to consumers. In no case shall the indoor retail area exceed 5,000 square feet.
[3] 
Indoor restaurant facilities (where allowed) shall be considered part of the total retail area and shall not exceed 10% of the total indoor retail area.
[4] 
If indoor restaurant facilities are part of a country store, public restrooms shall be provided.
[5] 
With the exception of minimum lot size (five acres), dimensional requirements for nonresidential uses and structures shall apply.
B. 
Permitted accessory uses:
(1) 
All accessory uses permitted in R-1 Zone, subject to the same requirements as specified. However, a special use permit need not be obtained for such accessory buildings used in connection with an operating agricultural farm.
[Amended 5-11-2015 by L.L. No. 1-2015]
(2) 
Rural occupation, subject to special permit by the Zoning Board of Appeals.
The following regulations shall apply to all uses in the B-1 Business Zone:
A. 
Permitted principal uses:
(1) 
All principal uses permitted in R-1 zone, except for new one-family dwellings and cemeteries, subject to the same requirements as specified, with the exception of the minimum five-acre requirement for day-care centers, care homes, and medical care facilities.
[Amended 8-12-2013 by L.L. No. 2-2013]
(2) 
Stores and shops for the conduct of retail business.
(3) 
Personal service shops.
(4) 
Banks, offices, restaurants and similar community services.
(5) 
Veterinary hospital or kennel for boarding and care of small animals.
(6) 
Printing shops or plant.
(7) 
Motor vehicle sales lots.
(8) 
Public works garage or storage areas.
(9) 
Other uses subject to special permit by the Zoning Board of Appeals, under conditions as stated below:
(a) 
Public garage or filling station meeting the following requirements:
[1] 
No repair work to be performed out-of-doors.
[2] 
Pumps, lubricating or other devices to be located at least 20 feet from any street line or highway right-of-way.
[3] 
All fuel, oil or similar substances to be stored at least 35 feet distant from any street and lot line.
[4] 
All automobile parts, dismantled vehicles and similar articles to be stored within a building.
(b) 
Warehousing and distribution, excluding truck terminal.
(c) 
Indoor and outdoor recreation activities.
(d) 
Storage containers and dumpsters located at least 20 feet from any street line or highway right-of-way and in no event closer than the front building line and provided the same are adequately shielded from view from the street or right-of-way.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Permitted accessory uses:
[Amended 5-9-2011 by L.L. No. 1-2011]
(1) 
All accessory uses permitted in R-1 Zone, subject to the same requirements as specified, except that "residing on premises," as stated in R-1 Zone, permitted accessory use No. 4 shall not be required.
(2) 
Signs in accordance with § 235-26D of this chapter.
(3) 
A dwelling unit as an integral part of the principal structure.
The following regulations shall apply to all uses in the L-1 Light Industry Zone:
A. 
Permitted principal uses:
(1) 
All principal uses permitted in R-1 and A-1 Zones, except for one- and two-family dwellings and cemeteries, subject to the same requirements as specified.
[Amended 8-12-2013 by L.L. No. 2-2013]
(2) 
All principal uses permitted in B-1 Zone.
(3) 
Analytical, pharmaceutical and commercial laboratories, including product testing.
(4) 
Cabinet makers, carpenter shops, screen door and window manufacturing, furniture manufacturing and repair, and lumber yards.
(5) 
Bookbinding, engraving, printing and publishing plants.
(6) 
Bakers and baked goods manufacturing.
(7) 
Jewelry manufacturing.
(8) 
Development and research centers.
(9) 
Warehousing and distribution, excluding truck terminals.
(10) 
Other light industrial or manufacturing uses including manufacturing, fabrication, processing, converting, altering, assembling, or other handling of products subject to special permit by the Zoning Board of Appeals.
(11) 
Adult uses, subject to special permit by the Zoning Board of Appeals, and conditions outlined in § 235-18.
(12) 
Medical care facility.
(13) 
Terms for special permits relating to the above:
(a) 
Operation shall not cause or result in:
[1] 
Emission of dust, smoke, observable gas or fumes, odor, noise, excess light or radiation, interference with radio or TV reception or vibration beyond building site;
[2] 
Menace by reason of fire, explosion or other physical hazard;
[3] 
Harmful discharge of waste material;
[4] 
Unusual traffic congestion due to number of vehicles required.
(b) 
Operation shall be in harmony with the appropriate and orderly development of the zone.
B. 
Permitted accessory uses:
(1) 
All accessory uses permitted in the R-1 and A-1 Zones, subject to requirements as specified.
(2) 
All accessory uses permitted in B-1 Zone, subject to requirements as specified.
A. 
Cluster development.
(1) 
The Planning Board is granted authority, to be exercised simultaneously with the approval of plats, to modify the applicable provisions of the Town of Marcellus Zoning Local Law as they pertain to locations zoned R-1, R-2, R-3 and R-4, subject to the conditions of § 278 of the Town Law and the other conditions hereinafter set forth.
(2) 
In addition to the requirements of § 235-7, Lot and building limitations, the developer shall submit a computation and demonstrate by appropriate documents and drawings the allowable development site density.
(3) 
In the event that the application of this procedure results in a plan showing lands available for park, recreation, open space, or other municipal purposes directly related to the plan, any conditions on the ownership use and maintenance of such lands shall be approved by the Town Board.
B. 
Planned Unit Development (PUD) Zone.
(1) 
General provisions.
(a) 
Provisions are included for a planned unit development (PUD) Zone to permit establishment of areas in which diverse uses may be brought together in a compatible and unified plan of development which shall be in the interest of the general welfare of the public. The PUD is intended to promote site design and land use flexibility not feasible in other zones. In PUD Zones, land and structures may be used for any lawful purpose in accordance with the provisions set forth herein.
(b) 
The classification of any property within the PUD Zone requires the undertaking of a two-step process involving the approval of both the Town Board and the Planning Board.
[1] 
In the first step, the Town Board, in its legislative capacity, establishes the boundaries of the proposed PUD Zone and sets limits on the nature and range of uses, geometric and site controls, and overall project planning. The Town Board's action is in response to the applicant's submission of a general outline that sets forth the contemplated development for the proposed PUD Zone.
[2] 
The Planning Board is delegated by the Town Board to be responsible in the second step for ensuring that the general outline approved by the Town Board is properly implemented. The Planning Board achieves compliance by reviewing and approving (if and when acceptable) the project plan submitted by the applicant. The project plan is the detailed narrative and graphic documentation for the development of the entire PUD Zone.
[3] 
It is understood that certain public benefit features will be required to ensure that the quality of design and amenity are sufficient to justify the departure from conventional zoning restrictions. Emphasis on the preservation of natural site attributes will be accomplished through design and placement of structures which complement rather than conflict with the natural terrain and other natural features such as trees and watercourses.
(2) 
Establishment by Town Board.
(a) 
All Planned Unit Development (PUD) zones shall be established by the Town Board in accordance with the procedures set forth herein.
(b) 
Establishment of a PUD Zone is a change to the Zoning Map and shall be made by the Town Board, pursuant to New York State Town Law and the following additional requirements:
[1] 
Upon receipt of an application, the Town Board shall refer the PUD proposal to the Planning Board for its advisory opinion on the establishment of the PUD Zone. The Planning Board shall respond to the Town Board with a written report of its findings and recommendations within a time period established by the Town Board, to be not less than 30 days and not more than 90 days, unless modified by mutual agreement of the Town Board and Planning Board.
[2] 
The Town Board is the lead agency for purposes of the New York State Environmental Review Act (SEQR) and shall determine the environmental significance of the proposed PUD Zone pursuant to SEQR and make the appropriate notification or referrals to the applicable municipalities or other levels of government.
[3] 
Prior to any public hearing, the Town Board may meet informally with the applicant, the Planning Board, or other interested parties to discuss the PUD proposal.
[4] 
Upon public notice of at least 10 days, the Town Board shall conduct a public hearing, after which and upon the consideration of the recommendations by the Planning Board and other agencies, it may vote upon the establishment of the PUD Zone.
[5] 
The Town Board shall, in its resolution adopting the PUD Zone change, transfer the PUD Zone to the reviewing authority of the Planning Board for project plan approval and shall instruct the Planning Board of the specific uses, area, and other geometric controls to be maintained in the PUD Zone or in designated subareas and may stipulate project phasing and a timetable of Planning Board review. The resolution shall include a copy of the approved schematic plan of the proposed PUD Zone.
(c) 
In order to obtain approval of the Town Board for establishment of a PUD Zone, the following documents shall be submitted:
[1] 
A written narrative outlining the applicant's overall concept for the proposed PUD Zone, including but not limited to an explanation of how the proposed PUD conforms to the Town's Comprehensive Plan; the range and mix of land uses; development density; building types; impact upon existing and provision for public facilities, including traffic; points of access; parking; open space/recreation areas; and project financing and phasing.
[2] 
A schematic plan of the site, drawn to scale, graphically depicting the land use, development, density, and improvements addressed in the applicant's narrative statement.
[3] 
Appropriate environmental assessment forms, as determined by the Town, in accordance with SEQR. An Environmental Impact Statement (EIS) may be required.
[4] 
A survey of the property or properties proposed for inclusion in the PUD Zone.
(d) 
The Town Board may identify portions of a PUD Zone as discrete geographic subareas of the project. Such designated subareas may have land uses or standards different from the balance of the PUD Zone, provided that such designated subareas are fully integrated in the overall development for the entire PUD Zone.
(e) 
The Town Board may establish the sequence in which development of a PUD Zone shall proceed by specifying the order in which subareas, sections, or phases of a PUD are to be developed. If not specified by the Town Board, the Planning Board may establish a sequence of project staging during project plan review.
(f) 
If a proposed PUD Zone is to be undertaken in a staged development, the Town Board may stagger the schedule of the Planning Board's project plan approval to correspond with the approved project staging.
(3) 
Approval by Planning Board.
(a) 
Finalization of the PUD.
[1] 
The PUD Zone regulations are effective to a specific site, and the Zoning Map is amended upon adoption of an approval resolution by the Town Board. No permits or other approvals may be issued until a project plan has been approved by the Planning Board.
[2] 
Failure to obtain project plan approval within the required time limits shall cause the original authorization of the Town Board to lapse, and the Planning Board shall refer the property or properties to the Town Board for a zone change back to the original zone.
[3] 
The project plan is a detailed narrative and graphic documentation for the development of the entire land area or of designated subareas within the PUD Zone and, unless otherwise specified, shall be approved, with modifications, or disapproved by the Planning Board within 180 days of the approval date of the PUD Zone by the Town Board and receipt of a complete application package.
[4] 
The Planning Board shall evaluate the project plan in accordance with the resolution of the Town Board's authorizing establishment of the PUD Zone, applicable site plan review standards, subdivision standards, and all applicable laws, codes, and standards of Onondaga County and New York State.
[5] 
Unless specified by the Town Board, the Planning Board shall be responsible to approve the schedule and order of development within the PUD.
(b) 
Planning Board responsibilities.
[1] 
The Planning Board may not specifically prohibit nor permit uses or structures not similarly authorized or prohibited by the Town Board.
[2] 
The Planning Board shall ensure compliance of the project plan with the area and geometric controls specified in this section unless modified by the Town Board, and with the Town Board resolution establishing the PUD Zone.
[3] 
Upon review by the Planning Board of all detailed site plans within the PUD, it shall determine:
[a] 
Whether the detailed site plan is consistent with and carries out the intent of the project development plan as approved.
[b] 
Whether, in the opinion of the Planning Board, arrangements for the ownership and maintenance of common land are workable and will result in the permanent preservation of such land for its indicated use.
[c] 
Whether, if the application involves less than the total area of the planned unit development, the development proposed under the site plan could exist by itself as a unit capable of sustaining an environment of continuing quality and stability consistent with the project plan. Stages of total communities or new towns may be waived from this determination.
(c) 
Project plan documents.
[1] 
Project plans must include maps, drawings, and other materials that show:
[a] 
Site plans for all construction for which building permits are sought and all adjoining or adjacent structures.
[b] 
Landscaping plans showing all open space, plazas, malls, courts, and pedestrianways within or immediately surrounding the proposed construction.
[c] 
Grading plans using United States Geologic Survey (USGS) datum showing existing and proposed topographic contours within and surrounding the proposed construction.
[d] 
Improvement plans showing existing and proposed drainage, water and sanitary sewer facilities, easements if any, within or affected by the proposed development.
[e] 
Vehicular and pedestrian traffic circulation plans showing proposed streets, points of access, sidewalks, and off-street parking and loading to serve any proposed building or facilities.
[f] 
General floor plans and building elevations of proposed structures.
[g] 
Other items as determined by the Planning Board including, but not limited to, lighting, snow storage, and signage.
[h] 
Construction schedule, sequence of development, and project financing.
[i] 
Designated area(s) reserved for parkland.
[2] 
The Planning Board may require submission of additional material to explain and/or justify the project plan, which could include, but is not limited to, the following:
[a] 
Information necessary to assure compatibility of the proposed project with adjoining existing uses and to Town planning objectives.
[b] 
An explanation of the manner in which all requirements of the overall project plan and of other applicable regulations are to be met and in which adequate access for emergency vehicles and fire protection is to be maintained.
[c] 
Payment-in-lieu-of-land for parklands.
[d] 
Bonding security for proposed public improvements.
(d) 
Project plan approval and SEQR compliance. Project plan approval is a Planning Board action, and separate from the Town Board establishment of the PUD Zone and shall be conducted in accordance with the applicable procedures and requirements, including New York State Town Law and SEQR. Separate environmental analysis of each project phase may be necessary to supplement the initial SEQR determination and findings made for establishment of the PUD Zone.
(4) 
Performance standards.
(a) 
Unless the Town Board establishes other controls or standards at the inception of the PUD Zone, the following shall apply uniformly to the entire PUD Zone or to designated portions.
(b) 
Permitted uses.
[1] 
The Town Board shall specify the permitted uses within the PUD Zone when such zone is initially established and may identify specific uses for lots or subareas within the PUD Zone. Where residential uses are permitted, the Town Board may establish the unit densities. If the Town Board chooses not to establish densities, the provisions of Subsection B(4)(d)[3] shall apply.
[2] 
The PUD shall also be used to address uses, which, due to their size or character, have potentially significant impacts and require maximum review of location, scale, and design.
(c) 
Minimum area.
[1] 
No PUD Zone shall have a gross land area of less than 10 acres, exclusive of existing public rights-of-way.
[2] 
Once established, a PUD Zone may be enlarged to include other contiguous areas regardless of their size. Such areas, if separated by a public right-of-way, may be considered contiguous if, in the opinion of the Town Board, the continuity of the original PUD Zone is maintained or enhanced.
(d) 
Dimensional controls. Unless otherwise specified by the Town Board, the following shall apply:
[1] 
Distance between buildings.
[a] 
Front, rear, and side yards for residential uses shall be designed so that a building is not closer than 20 feet to any other residential building and 50 feet to any nonresidential building.
[b] 
Front, rear, and side yards for nonresidential uses shall be designed so that a building is not closer than 30 feet to any other nonresidential building and 50 feet to any residential building.
[c] 
For purposes of interpretation, a structure that contains both residential and nonresidential uses shall comply with the requirements of Subsection B(4)(d)[1][b].
[d] 
Accessory structures shall be no closer than 10 feet to the principal structure with which they are associated and no closer than 20 feet to any other principal structure, and five feet to any other accessory structure.
[2] 
Distance from lot lines. The minimum distance between any point on a principal structure and the lot line shall not be less than 10 feet.
[3] 
Density of development. Unless the Town Board has established a minimum density pursuant to Subsection B(4)(b), all residential development shall provide an average density of 10,000 square feet of land per dwelling unit. Commercial and industrial uses shall maintain a minimum of 20,000 square feet of land per each building.
[4] 
Lot coverage. Maximum lot coverage for all development within a PUD Zone shall not exceed 30% of the gross land area.
[5] 
Height. The maximum height of all principal structures shall not exceed 35 feet for residential buildings, 40 feet for commercial or industrial buildings, and 15 feet for accessory structures.
[6] 
Parking/loading. The provisions of § 235-21 of this chapter shall apply to PUD Zones. Shared parking and storage may be included in the calculation of the overall parking compliance.
[7] 
Supplementary regulations. Unless provided for in Subsection B(4)(b) or by the Town Board when establishing the PUD Zone, § 235-26 of this chapter shall apply to all developments within the PUD Zone.
[8] 
Modifications and amendments.
(e) 
Unless otherwise provided by the Town Board or Planning Board, all land use activities situated within and in existence on the effective date of the PUD classification or developed in accordance with an approved project plan may be altered or modified. Such modifications shall be subject to the approval of a project amendment by the Planning Board in the event of the following:
[1] 
Change in type or location of approved land use.
[2] 
Increase in floor area in excess of 10% of a principal or accessory structure.
[3] 
Demolition of a principal structure, except where mandated by an appropriate official in the interest of public safety.
[4] 
Establishment or realignment of new streets or other public/common areas.
[5] 
Any change to landscaping, open space, parking, public facilities, or other improvements addressed in the project plan.
(f) 
Any modifications not addressed or exceeding the limits established at the inception of the PUD Zone shall be reviewed and approved by the Town Board.
(g) 
It is the intent of the PUD Zone that no nonconforming elements will exist within the zone. The flexibility of the land use and geometric controls and review procedures should prevent the creation of any nonconforming element. In the event that nonconformity does exist, any subsequent changes shall conform to the zone controls and shall be subject to an issuance of a project plan amendment by the Planning Board.
A. 
Purpose. The purpose of this zone is to preserve the Nine Mile Creek corridor and tributaries, and to protect the area from development that may potentially pose a threat to the special characteristics of this unique resource. It will also provide recreational amenities and enhance the aesthetic quality of the community.
B. 
Regulations. Land within the boundaries of this zone is subject to the regulations and controls of both the overlay zone and the underlying zone. In the event of conflict between the zones, the more restrictive requirement shall apply. The boundaries of the overlay zone shall be as shown on the Town's Zoning Map, and are generally established as 100 feet from: (1) the stream; (2) one-hundred-year floodplain; or (3) NYSDEC wetland, whichever is greater. In the area around Otisco Lake, the boundary is 50 feet.
C. 
Proposed activities.
(1) 
Proposed activities within the CEA shall require a special permit from the Zoning Board of Appeals. Such activities may include, but not be limited to construction, excavation or fill, clearing of existing vegetation, destruction of wildlife habitat, or any activities that would cause erosion.
(2) 
Activities that do not require a special permit include:
(a) 
Maintenance of existing landscaping or natural vegetation;
(b) 
Minor or temporary uses of land that have negligible impact on the environment;
(c) 
Alterations, repairs, or improvements to existing structures, other than expansion;
(d) 
Installation of playground equipment or structures less than 100 square feet that have negligible impacts to the environment; and
(e) 
Maintenance of driveways and roads.
(3) 
If unclear, the Code Enforcement Officer will determine whether a proposed activity qualifies under any of these cases. The Codes Enforcement Officer, at his discretion, may refer the decision to the Zoning Board of Appeals.
D. 
Applications. All applications for special permit shall include a completed SEQR long Environmental Assessment Form (EAF).
E. 
Costs. If in the opinion of the Town, it is necessary to seek assistance by an engineer, landscape architect, or other professional in the review of any application for special permit, the cost shall be borne by the applicant. See Chapter 105, Article I, Development and Project Fees, of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Purpose. The purpose of this zone is to balance transportation functionality of a highway corridor with environmental considerations and land use. The intent is to preserve the scenic vistas of the corridor, while at the same time, providing additional controls and/or opportunities for specific types of development along the corridor.
B. 
Location. The requirements of this zone shall apply to the following highway corridors, as shown on the Zoning Map: U.S. Route 20, from NY Route 174 easterly to the Town line.
C. 
Regulations. Land within the boundaries of this zone is subject to the regulations and controls of both the overlay zone and the underlying zone. In the event of conflict between the zones, the more restrictive requirement shall apply.
D. 
Principal permitted uses. The following principal uses will be permitted (subject to special permit) in addition to those allowed by the underlying zone:
(1) 
Hotels.
(2) 
Restaurants.
(3) 
Country store (including sale of products by other than property owner).
(4) 
Professional office buildings.
E. 
Setbacks. The minimum front yard setback shall be 100 feet from the street line.
A. 
Purpose. It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Marcellus, this section is intended to restrict adult uses to industrially zoned areas of the Town. The Town Board has found that the operational characteristics of adult uses and the secondary effects of adult uses increase the detrimental impact on a community when such uses are spread throughout the community. Therefore, this section is intended to promote the health, safety and general welfare of the residents of the Town of Marcellus by regulating the concentration and location of such adult uses. This section has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by the distributors and exhibitors of adult entertainment and/or sexually orientated entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
B. 
Restrictions. All adult uses shall comply with the applicable provisions of the Zoning Local Law including those relating to structures and uses permitted in the L-1 Light Industry zone. In addition, 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 on a lot that is closer than 500 feet from:
(a) 
A structure in which there is another adult use;
(b) 
Any residential or business zone;
(c) 
Any structure that is utilized, in whole or in part, for residential purposes;
(d) 
Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field;
(e) 
Any public buildings; and
(f) 
Any hotels or motels.
(3) 
Where there is a conflict between these regulations and any other law, rule or regulation of the Town including the Zoning Local Law, the most restrictive law, rule or regulation shall apply.
(4) 
All distances set forth herein shall be measured from lot line to lot line.
C. 
Observation from public way. 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 areas 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]
[1]
Editor's Note: Subsection D, Penalties, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 1-14-2013 by L.L. No. 1-2013]
A. 
Prohibited uses. The following uses and activities are hereby expressly and explicitly prohibited in each and every zone within the Town, and no building or structure, permanent temporary or otherwise, shall be created, altered, maintained or erected, and no body of water, land, or building or structure thereon shall be used, for any such uses or activities:
(1) 
Prohibition against the exploration for or extraction of natural gas and/or petroleum. No land in the Town shall be used: to conduct any exploration for natural gas and/or petroleum; to drill any well for natural gas; to transfer, store, process or treat natural gas; or to dispose of natural gas exploration or production wastes; or to erect any derrick, building, or other structure; or to place any machinery or equipment for any such purposes.
(2) 
Prohibition against the storage, treatment and disposal of natural gas and/or petroleum exploration and production materials. No land in the Town shall be used for: the storage, transfer, treatment and/or disposal of natural gas and/or petroleum exploration and production materials.
(3) 
Prohibition against the storage, treatment and disposal of natural gas and/or petroleum exploration and production wastes. No land in the Town shall be used for: the storage, transfer, treatment and/or disposal of natural gas and/or petroleum exploration and production wastes.
(4) 
Prohibition against natural gas and/or petroleum support activities. No land in the Town shall be used for natural gas and/or petroleum support activities.
B. 
No application to customary local distribution lines etc. The prohibited uses set forth above in this section are not intended, and shall not be construed, to:
(1) 
Prevent or prohibit the right to use roadways in commerce or otherwise for travel;
(2) 
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
(3) 
Prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, propane in connection with legal or otherwise permitted, agriculture, residential, business, light industrial and other uses within the Town.
C. 
Invalidity of permits. No permit issued by any local, state or federal agency, commission or board for a land use which would violate the prohibitions of this section shall be deemed valid within the Town.
A. 
Defined. A nonconforming use is any structure, use, or lot, lawfully existing at the time of the enactment of this chapter or any amendment affecting such structure, use, or lot that does not conform to the regulations of the zone in which it is located.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Continuation. A nonconforming use may be continued subsequent to adoption of this chapter or any amendment affecting such use, but the structure shall not be enlarged or altered in a way which increases its nonconformity, and the use shall not be enlarged or increased to occupy a greater area of land.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Extension. A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this chapter or any amendment affecting such use. A nonconforming use may not be changed to another nonconforming use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Placing in safe condition. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure declared unsafe by any public official.
E. 
Alteration or resumption of use. A nonconforming structure or use may not be altered, rebuilt, or resumed, except in conformity with the regulations for the district in which it is located, under the following conditions:
(1) 
It has once been changed to a conforming use.
(2) 
A nonconforming use of land has ceased for any reason for a period of more than 30 days.
(3) 
A nonconforming use of a structure has ceased for a consecutive period of six months or for 18 months during any three-year period. An application for time extension for up to 12 months may be submitted to the Zoning Board of Appeals for consideration.
F. 
District changes. Whenever an area is transferred from a district of one classification to a district of a different classification, the above regulations shall apply to nonconforming uses created by such transfer.
A. 
Dimensions. All parking spaces, exclusive of handicap spaces, shall be 10 feet by 20 feet, unless otherwise approved by the Planning Board.
B. 
Requirements. The following off-street parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building erected or altered for use for any of the following purposes:
(1) 
Dwelling: at least two parking spaces for each dwelling unit and at least one parking space for every two boarders and/or lodgers resident therein.
(2) 
Theater, church or other place of public assemblage: at least one parking space for every six seats, based on maximum seating capacity.
(3) 
Hotel, motel, bed-and-breakfast: at least one parking space for each guest sleeping room.
(4) 
Restaurant or other eating place: at least one parking space for every four seats.
(5) 
Medical care facility: at least one parking space for every four beds.
(6) 
Retail store, personal service shop, undertaking establishment, kennel, pet shop and veterinary hospital: at least one parking space for every 300 square feet of floor area.
(7) 
Bank and office building: at least one parking space for every 500 square feet of floor area.
(8) 
Industrial or manufacturing establishment: at least one parking space for every four employees during the greatest shift.
(9) 
Public, private, and parochial schools: at least one parking space for each classroom therein.
C. 
Loading/unloading. Loading/unloading spaces shall be provided and satisfactorily maintained (by the owner of the property) for each building erected or altered for use for any of the following purposes:
(1) 
Hotel or motel: at least one space.
(2) 
Restaurant or other eating place: at least one space.
(3) 
Medical care facility: at least one space.
(4) 
Retail business, office, or service establishment: at least one space for each 5,000 square feet of floor area.
(5) 
Bank or office building: at least one space.
(6) 
Industrial or manufacturing establishment: at least one space for every 10,000 square feet of total floor area.
D. 
Additional spaces. Subsequent to construction of improvements, if provisions for parking and/or loading are determined by the Town to be insufficient for the activities on the property, the Town may require that additional spaces be provided.
E. 
Additional regulations.
(1) 
All parking spaces shall be on the same lot with the principal building, except that such parking spaces may be otherwise located upon approval of the Zoning Board of Appeals granted in § 235-27 of this chapter and the procedures set forth, and upon further finding that it is impractical to provide parking on the same lot with such building.
(2) 
When the application of a unit of measurement for parking spaces to a particular use or structure results in a fractional space, any fraction under 1/2 shall be disregarded and fractions of 1/2 or over shall be construed to require one parking space.
The Town Board of Marcellus may, from time to time, designate and appoint and pay compensation to a person or persons to administer, supervise and enforce the rules and regulations of this chapter.
A. 
Any person wishing to change or expand the use of any building, structure or land or erect any building or structure, or perform any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit, shall apply to the Town Clerk for a building or zoning permit. Application forms for this purpose may be obtained from the Town Clerk. The applicant must affirm on said application that all requirements of the Zoning Law and Uniform Code as herein defined shall be complied with. If the application appears in correct form and for a permitted use in compliance with this chapter, the Code Enforcement Officer shall issue a zoning permit or building permit to the applicant within 10 days of the date of filing. The reason for rejection shall be noted on the copy returned to the applicant.
B. 
No building or structure hereinafter erected or altered shall be occupied or any change of use or expansion of use implemented until a certificate of occupancy or compliance has been issued by the Codes Enforcement Officer to the applicant. It is the responsibility of the applicant to notify the Code Enforcement Officer upon the completion of the construction to the building or structure or of the change or expansion in use. The Code Enforcement Officer will then inspect the project. If said inspection reveals the requirements of this chapter have been complied with and all the requirements of the New York State Uniform Protection and Building Code arc complied with, then the Code Enforcement Officer shall issue a certificate of occupancy or compliance within 30 days.
C. 
New building and vacant land. Construction on any building hereafter erected shall not be commenced nor shall vacant land be occupied or used, in whole or in part, until the appropriate permit shall have been issued by the official designated by the Town Board and posted on the premises certifying that such building, its location, and its use and the use proposed for the land conforms to the provisions of this chapter.
D. 
Buildings hereafter altered. No building shall hereafter be enlarged or extended or altered, wholly or in part, so as to change the classification of occupancy, and no building hereafter altered for which a permit has not been heretofore issued, shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued.
E. 
Changes of occupancy of existing building.
(1) 
No change of occupancy, use or construction shall be made in a building hereafter unless the official designated by the Town Board certifies that such changes conform substantially to the provisions of this chapter and a certificate of occupancy or compliance has been issued.
(2) 
The use of a building or premises shall not be deemed to have changed because of a temporary vacancy or change of ownership or tenancy, except in the case of legal nonconformity as outlined in § 235-20.
F. 
Length of validity. Permits shall be valid for up to one year from date of issue. Upon application to the Zoning Board of Appeals, a one-year extension may be granted, provided that such an application shall be made in writing prior to the end of the first year. If at the end of two years substantial work has not been done, the permit shall expire and shall be null and void.
G. 
Nonconforming lots. A building permit will be eligible for issuance by the Code Enforcement Officer for nonconforming lots, as defined in § 235-20, provided that:
(1) 
The lot was conforming at the time of adoption of this chapter;
(2) 
The proposed construction will comply with all setbacks and other dimensional controls for the appropriate zone; and
(3) 
The proposed construction does not increase the nonconforming feature(s) of the property.
A. 
Purpose. The purpose of this section is to regulate and control modification of the topography of the land by excavating, grading, filling or similar activities. The Town of Marcellus finds that the uncontrolled modification of existing topography has resulted in the destruction of natural ground cover, air pollution, soil erosion, stream and pond sedimentation, and alteration and disruption of natural drainageways and has adversely affected the health, safety, and general welfare of the Town's residents.
B. 
Application. This section shall apply to all real property in the Town. To the extent that the Mined Land Reclamation Act,[1] or NYS Environmental Conservation Law does not otherwise apply, a permit as described in this section is required wherever it is proposed to modify the topography of such real property in any one of the following ways:
(1) 
Removal of natural vegetation from an area in excess of 10,000 square feet;
(2) 
Grading, excavating, or filling an area in excess of 10,000 square feet, or in excess of two feet in depth;
(3) 
Grading resulting in the obstruction of a drainageway; or
(4) 
Grading resulting in the construction of a new drainageway.
[1]
Editor's Note: See Environmental Conservation Law, Article 23, Title 27.
C. 
Fill.
(1) 
Upon issuance of a permit, soil, rock, stone, gravel, sand, cinders, and uncontaminated construction and demolition debris of the type(s) specifically listed in this section may be used to fill a site or portion of a site to grade(s) approved by the Code Enforcement Officer and/or Town Engineer.
(2) 
The term "uncontaminated construction and demolition debris" shall include only bricks, concrete and other masonry materials, plaster, drywall, and asphaltic pavement resulting from the construction, remodeling, repair and demolition of structures and roads that is not contaminated by other foreign materials, including but not limited to: asbestos, garbage, electrical fixtures, transformers, fluorescent lights, carpeting, furniture, appliances, tires, metal, drums, or containers of any size.
D. 
Exceptions. This section shall not apply to land:
(1) 
Being used for farm purposes, where the activity meeting the criteria in Subsection B is a normal and expected farm activity, such as plowing or harvesting;
(2) 
Controlled by a permit pursuant to § 235-23;
(3) 
Which is governed by a site plan pursuant to § 235-28 of this chapter; or
(4) 
Which is governed by a subdivision plat approved in accordance with Chapter 205, Subdivision of Land.
E. 
Topsoil removal. It shall be unlawful to strip topsoil for sale or for use on other premises, except as may be incidental to a construction project and confined to the construction area.
F. 
Permit. It shall be unlawful for any person to modify existing topography as provided in Subsection B without first obtaining a valid permit from the Code Enforcement Officer. An applicant for permit must submit an application that meets the requirements of Subsection G. If the application is incomplete, the Code Enforcement Officer shall return it to the applicant, specifying the manner in which it is incomplete. Upon receipt of a complete application, the Code Enforcement Officer may refer the application to the Planning Board for review. The Planning Board may schedule a public hearing, grant the permit with or without modifications, or deny the permit.
G. 
Permit application. The completed application shall include the appropriate fees, a narrative describing the proposed action, and a site location plan showing site, property lines, general topography, and area drainage. In addition, the following information may be required, at the discretion of the Town:
(1) 
A map of the area to be modified showing original and final contours at maximum two-foot intervals, direction of drainage flows and appropriate information on adjacent properties as they affect or are affected by the applicant's site;
(2) 
Erosion, runoff, and siltation control measures in accordance with New York State guidelines;
(3) 
Dust, mud, and debris control on public highways;
(4) 
Hours of operation and duration of proposed work, including a specific completion date;
(5) 
Screening for surrounding areas, if required;
(6) 
Reclamation, including suitable replacement of ground cover, topsoil and seeding, erosion and runoff control;
(7) 
A completed SEQR EAF;
(8) 
An agreement executed by all owners of record, in recordable form if required, giving a right of entry to agents of the Town. Failure to perform in accordance with the requirements of this chapter and the conditions of the permit may result in revocation of the permit and completion of the required reclamation by the Town. Should the Town complete the reclamation upon the permittee's failure to do so, such work shall be completed at the sole cost of the permittee; and
(9) 
A deposit in accordance with Subsection H.
H. 
Deposit. The Planning Board may specify a deposit with the Town Clerk of a minimum of $1,000 per acre or fraction thereof of land to be disturbed, or such greater amount as for a particular project to insure that the reclamation is completed as required. The amount to be deposited shall be in the form of cash, cash equivalent, letter of credit, or performance bond, which must be approved by the Town Attorney. Upon failure of the property owner to complete the reclamation as specified in the permit within the time set forth therein, the Town and/or its agents may enter upon said premises and complete the reclamation. The cost of said work shall be drawn from the security on deposit with the Town. Any security remaining on deposit after completion of said work shall be returned to the owner. Any excess charges incurred by the Town over and above the security shall be paid by the property owner and shall be a lien on said property until paid.
I. 
Stop work. Any activity undertaken by a property owner subject to this section of the chapter without a permit shall be subject to a stop-work order by the Town. Any reclamation necessary to bring such illegal modifications of the topography into conformance with this section will be promptly accomplished by the property owner. Should the property owner fail to bring the property into conformance within 30 days of issuance of the stop-work order, the Town may undertake and complete such reclamation in accordance with Subsection G.
J. 
Other permits. A proposed modification of the topography may require the acquisition of other permits or approvals, such as those required for lands in flood zones, or in or near wetlands administered by the New York State Department of Environmental Conservation or United States Army Corps of Engineers. Receipt of a permit pursuant to this section does not preclude the necessity of obtaining any other permits required for the proposed activity.
K. 
Leveling. The Code Enforcement Officer may require periodic leveling of fill or graded material.
L. 
Any property owner violating any of the provisions of this section shall be subject to the penalties specified in § 235-30, and each seven-day period of continued violation shall constitute a separate violation hereunder.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety, or the general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the more restrictive, or that imposing the higher standards, shall govern.
A. 
Temporary residences. No tent, cabin, basement, capped basement, shack, garage, barn or outbuilding or any structure of a temporary nature shall be used as a residence excepting that the Zoning Board of Appeals may grant a conditional use permit for six months or for the use of a mobile home (subject to the provisions of any mobile home ordinance of the Town of Marcellus), a garage or a basement as a temporary residence during the construction of a permanent residence on the same lot. Six-month renewals, not to exceed three, making a total of 24 months, may be granted in case of emergency or disasters.
B. 
Height exceptions. Nothing herein contained shall be interpreted to limit or restrict the height of a church spire, belfry, clock tower, chimney flue, water tank, elevator bulkhead, silo or other similar structure, except that such structures shall be so located on a lot of sufficient size that the distance from the center of the structure to the nearest property line is not less than the height of the structure plus 5% of the height.
C. 
Swimming pools. Private swimming pools shall be permitted in all zones subject to the front, side and rear yard setbacks prevailing in that zone. Pools shall be enclosed and maintained in accordance with the International Spa and Swimming Pool Code adopted as part of the Uniform Fire Prevention and Building Code.[1] Farm ponds are exempt from these requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
D. 
Signs. All signs, billboards or other advertising devices are specifically prohibited, except as follows:
[Amended 5-9-2011 by L.L. No. 1-2011]
(1) 
Signs allowed without a permit.
(a) 
Temporary signs. No temporary sign shall be placed in a position that will obstruct or impair the vision of traffic or in any manner that will create a hazard to the welfare of the general public. Lights shall be prohibited on all temporary signs.
[1] 
Real estate ("For Sale" or "For Rent") signs, no larger than 10 square feet in area and not to remain longer than 30 days after the sale or rental.
[2] 
Construction signs advertising the contractor completing certain construction activities upon the premises, no larger than 10 square feet in area, to be erected upon the commencement of work, and not to remain longer than 30 days after the construction activities are complete.
[3] 
Contractor signs advertising a property maintenance activity occurring upon the premises, such as lawn care or snow plowing, no larger than five square feet in area, not to remain longer than 30 days in a calendar year, nor erected upon more than 10 separate premises at one particular time.
[4] 
Political signs are specifically exempt from these regulations, except that no political sign shall be erected on Town-owned property except by approval of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[5] 
Nonprofit event signs, no larger than 10 square feet in area, not to be erected more than 21 days prior to the event, and not to remain longer than five days after completion of the event.
[6] 
In-season, off-site agricultural direction signs, no larger than 10 square feet in area.
(b) 
Signs required by county, state or federal law.
(2) 
Signs requiring a permit. Lighting for such signs shall be internal or directed downward.
(a) 
Bed-and-breakfasts and home occupations.
[1] 
One sign is permitted, consisting of no more than two square feet in area and measuring no more than 28 inches in length or width. As measured from the top of the sign, freestanding signs shall be limited to six feet in height.
(b) 
Kennels and rural occupations.
[1] 
One sign is permitted, consisting of no more than four square feet in area and measuring no more than 36 inches in length or width. As measured from the top of the sign, freestanding signs shall be limited to six feet in height.
[2] 
Signs shall be located to no less than 10 feet from the edge of the street pavement.
(c) 
Approved uses in residential zones, including churches, recreational areas or facilities, care homes, medical facilities, schools, museums, and libraries; permitted subject to site plan review and approval.
[1] 
Freestanding signs, which shall be located on the premises to which it is related, shall be situated no closer than 15 feet from the edge of any street right-of-way or 50 feet from the center line of any street, whichever shall be the least in distance. Such signs shall consist of no more than 16 square feet in area, no more than six feet in length or width, and shall be limited to six feet in height, as measured from the top of the sign. There shall be a minimum of three feet of bottom open space along the entire length. No freestanding sign may be situated on a vacant lot or parcel of land located between two residential buildings or uses, where such structures or uses are separated by less than 100 feet.
[2] 
Wall signs, relating solely to the business or profession conducted on the premises and advertising only the name of the owner or lessee or the trade name of the establishment and the goods sold or services rendered. Such signs shall consist of no more than 12 square feet in area and shall not exceed two feet in height; nor shall such signs project more than nine inches from the structure upon which it is affixed. Wall signs may be affixed to or painted upon the building or windows.
[3] 
Interior lot directional signage.
(d) 
B-1, L-1 and Highway Overlay Zones.
[1] 
Freestanding signs.
[a] 
Lots with a single occupant. Such sign shall be located on the premises to which it is related, providing that such sign shall be located no closer than 15 feet from the edge of any street right-of-way or 50 feet from the center line of any street, whichever shall be the least in distance. Such signs shall consist of no more than 32 square feet in area, no more than eight feet in length or width, and shall be limited to 12 feet in height, as measured from the top of the sign. There shall be a minimum of three feet of bottom open space along the entire length. No freestanding sign may be situated on a vacant lot or parcel of land located between two residential buildings or uses, where such structures or uses are separated by less than 100 feet.
[b] 
Complexes or lots with multiple occupants.
[c] 
Such signs shall be located on the premises to which it is related, providing that such sign shall be located no closer than 15 feet from the edge of any street right-of-way or 50 feet from the center line of any street, whichever shall be the least in distance. Such signs shall consist of no more than 48 square feet in area, no more than eight feet in length or width, and shall be limited to 16 feet in height, as measured from the top of the sign. There shall be a minimum of three feet of bottom open space along the entire length.
[d] 
Such sign shall advertise only the name of the complex and the name of the owner, lessee or the trade name of each establishment situated therein.
[2] 
Wall signs, relating solely to the business or profession conducted on the premises and advertising only the name of the owner or lessee or the trade name of the establishment and the goods sold or services rendered. Such signs shall not exceed two feet in height, nor in length 1/2 of the front wall of the occupied space to which it is attached; nor shall such signs project more than nine inches from the structure upon which it is affixed. Wall signs may be affixed to or painted upon the building or windows.
[3] 
Interior lot direction signage.
(e) 
In areas where variances have been granted by the Zoning Board of Appeals, under the conditions set forth in § 235-27, Subsections B(3)(a) and (b). Subdivision identification signs shall be included under this category, subject to such standard as may be established by the Town Planning Board.
(3) 
No sign, whether temporary or permanent in nature, regardless of whether a permit is required, is permitted to flash, have moving parts, or be of such a character as to be distracting to motorist.
E. 
Telecommunication towers and commercial dishes.
(1) 
The following factors will be considered in reviewing an application in all permitted zones:
(a) 
The applicant must demonstrate that the proposed location is necessary to meet the frequency reuse and spacing needs of the system and to provide adequate service and coverage to the Town.
[1] 
The applicant must demonstrate that all reasonable measures have been taken to minimize the visual impacts of the proposed facilities.
[2] 
Exceptions to these regulations are limited to new uses which are accessory to residential users and lawful or approved uses existing prior to the effective date of these regulations.
[3] 
Where these regulations conflict with other laws and regulations of the Town, the more restrictive shall apply, except for tower height restrictions which are governed by these special use standards.
(2) 
No tower shall be used, erected, moved, reconstructed, changed, or altered except after approval of a special permit and in conformity with these regulations. No existing structure may be modified to serve as a transmission tower unless in conformity with these regulations.
(3) 
A site plan shall be submitted in accordance with § 235-28, and shall show existing and proposed structures and improvements including roads, and grading plans for proposed facilities. It shall also include documentation on the intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any land or vegetation clearing required.
(4) 
All towers and accessory facilities shall be sited to have the least practical adverse effect on the environment. The application shall include a completed SEQR Visual EAF Addendum, and a landscaping plan addressing other standards listed within this section, with particular attention to visibility from key viewpoints within and outside of the Town, as identified in the visual EAF. A more detailed visual analysis may be required based on the visual EAF.
(5) 
At all times, shared use of existing towers shall be preferred to the construction of new towers. Where such shared use is not available, location of antennas on existing structures shall be considered. An adequate report shall be submitted with an inventory of existing towers within reasonable distance of the proposed site, and outlining opportunities for shared use of existing facilities and use of other existing structures as an alternative to new construction.
(6) 
An applicant proposing to share use of an existing tower shall document the intent from the existing tower owner and landowner to share use. The applicant shall pay all fees and costs of adopting an existing tower or structure to a new shared use, unless otherwise stipulated by mutual agreement of the tower lessor and lessee. Costs may include, but are not limited to, structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes including real property acquisition or lease required to accommodate shared use.
(7) 
In the case of a new tower, the applicant shall submit a report demonstrating potential shared use on existing towers, as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
(8) 
Towers shall, to the maximum extent possible, be designed to provide for shared use by at least three providers, or designed so they can be retrofitted to accommodate at least three providers.
(9) 
Towers and antennas shall comply with all setbacks within the affected zone. Additional setbacks may be required to contain on-site substantially all icefall or debris from tower failure and/or to all tower parts, including guy wire anchors and to any accessory facilities. Towers shall not be located closer than 200 feet to any residential zone. Additionally, they shall be so located on a lot of sufficient size that the distance from the center of the structure to the nearest property line is not less than the height of the structure plus 5% of the height.
(10) 
Towers shall not be artificially lighted except to ensure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding tree line, and painted gray, green, black or similar colors designed to blend into the natural surroundings below the tree line, unless other standards are required by the FAA. In all cases, structures offering slender silhouettes (i.e., monopoles or lattice towers) shall be preferable to freestanding structures except where such freestanding structures offer capacity for future shared use. Towers shall be designed and sited so as to avoid, wherever possible, application of FAA lighting and painting requirements.
(11) 
Accessory facilities shall maximize use of building materials, colors and textures, designed to blend with the natural surroundings.
(12) 
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 from the ground) shall take place prior to approval of the special permit. Clear-cutting of trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
(13) 
Deciduous or evergreen tree plantings shall be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the sire abuts residential or public property, including streets, the following vegetative screening shall be required:
(a) 
At least one row of native evergreen shrubs or trees capable of forming a contiguous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities.
(b) 
In the case of poor soil conditions, planting may be required on soil berms to ensure plant survival. Plant height in this case shall include the height of the berm.
(14) 
An access road and parking shall be provided to ensure adequate emergency and service access. Maximum use of existing roads shall be made. Access road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, top of cut, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to ensure minimal visual disturbance and soil erosion. Public road standards may be waived in meeting the objectives of this subsection.
(15) 
Signs shall not be permitted on towers, antennas, or related accessory facilities, except for signs displaying owner contact information and/or safety instructions. Such signs shall not exceed five square feet in area.
(16) 
All utility connections to towers and accessory facilities shall be installed underground.
(17) 
Towers and related facilities shall be maintained in good condition and repair. Towers shall be inspected annually on behalf of the tower owner by a licensed (in New York State) 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 Code Enforcement Officer no later than December 31 of each year.
(18) 
Provisions may be required for towers and accessory facilities to be dismantled and removed upon abandonment of the approved use, including posting of a bond or security.
(19) 
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:
[Added 7-14-2014 by L.L. No. 2-2014]
(a) 
Co-location of new transmission equipment;
(b) 
Removal of transmission equipment; or
(c) 
Replacement of transmission equipment.
(20) 
A request relating to an eligible facility for a modification of an existing wireless telecommunications tower or base station that does not substantially change the physical dimensions of such tower or base station, or does not substantially change the physical integrity or safety of such tower, shall only be the subject of an administrative review by the Town's Code Enforcement Officer, notwithstanding the requirements of Subsection E(2) and (3). Such administrative review shall not require a public hearing, but the applicant shall be subject to all other provisions and application fees of this Subsection E, except where otherwise indicated. All of the previous and following sections of this Subsection E shall remain in full force and effect when the request is being handled by such administrative review. Nothing in this subsection is intended to relieve the applicant from complying with applicable site plan requirements or other requirements set forth in the planning and zoning laws of the Town of Marcellus.
[Added 7-14-2014 by L.L. No. 2-2014; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(21) 
An applicant for site plan approval, special permit or for administrative review of an eligible facility pertaining to a telecommunications tower or 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.
[Added 7-14-2014 by L.L. No. 2-2014]
(22) 
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 tower or 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 7-14-2014 by L.L. No. 2-2014]
F. 
Fences and walls.
(1) 
Fences and walls within the A-1 Agricultural Zone shall be a maximum height of eight feet.
(2) 
Fences and walls within all other zones may be erected up to a maximum height of six feet, except that in residential zones, the maximum height in front yards shall be four feet.
(3) 
No structure, planting, or other obstruction shall be placed or maintained in such a manner that would impede vision at streets, driveways, and railroad crossings.
(4) 
Fences shall be installed in a manner such that the structural elements are facing the property on which the fence is located.
G. 
Health and safety. The following uses are prohibited in all zones:
(1) 
All uses which endanger the health, comfort, safety, or welfare of any person, or which have a tendency to cause injury or damage to property, business, or vegetation.
(2) 
All uses with sound that is considered offensive, or cause sound levels in excess of 60 decibels measured at any lot line, using the A-weighted scale of a standard sound level meter meeting the current revision of ANSI S1.4-1961 for General Purpose Sound Level Meters, published by the American National Standards Institute. Emergencies, school events, and construction activities between the hours of 7:00 a.m. and 9:00 p.m. are exempt.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
All uses which emit any odor which is considered offensive, measured at any lot line.
(4) 
All uses which emit dust or dirt which is considered offensive, measured at any lot line.
(5) 
All uses which emit any smoke in excess of Ringelmann Smoke Chart No. 2, measured at any lot line.
(6) 
All uses which emit any noxious gases which endanger the health, comfort, safety, or welfare of any person, or which have a tendency to cause injury or damage to property, business, or vegetation.
(7) 
All uses which cause as a result of normal operations, a vibration which creates a displacement of 0.003 inch measured at any lot line.
(8) 
All uses, lighting or signs, which create glare, which could impair the vision of a driver of any motor vehicle.
(9) 
All uses which cause a fire, explosion, or safety hazard.
H. 
Outdoor and vehicle storage.
(1) 
All vehicles used for racing shall be stored in an enclosed structure or trailer in residential zones.
(2) 
In R-2 and R-4 Zones, tractor-trailers and components, and dump trucks larger than 18,000 pounds GVW shall not parked overnight. In R-1 Zone, tractor-trailers and components, and dump trucks larger than 18,000 pounds GVW shall not be parked overnight on lots smaller than two acres and within 75 feet of any lot line.
(3) 
In all residential zones, commercial equipment and building materials stored for more than 30 days shall be screened using a fence, hedge, or other barrier, subject to the requirements of Subsection F. Such stored material shall not be visible to an adjacent lot or public right-of-way. This shall not apply while a valid building permit is in effect.
I. 
Lighting. In order to minimize glare, safety hazards for drivers and pedestrians, light trespass and light pollution, lights shall be adjusted in accordance with the following provisions:
(1) 
Lights shall be shielded in such a way as to direct all light toward the ground and away from reflective surfaces.
(2) 
Light fixtures or lamps shall be shielded in such a manner as to direct incident rays away from adjacent property and public streets.
J. 
Private auto sales. Private auto sales shall be permitted only on properties with dwelling units, and shall be limited to one vehicle at any time, not to exceed three vehicles in a calendar year.
K. 
Outdoor boilers. Outdoor boilers using wood or other solid fuels are prohibited in all zones.
L. 
Driveways. The maximum number of driveway entrances onto a Town road for one- and two-family dwellings shall be one per building lot. For lots with multiple dwellings and commercial uses, the maximum number of driveway entrances shall be two per building lot. Location of driveway entrances shall be approved by the Town.
M. 
Solar energy systems.
[Added 8-14-2017 by L.L. No. 1-2017]
(1) 
Purpose and intent. The Town of Marcellus recognizes that solar energy is a clean, readily available and renewable energy source that has become increasingly affordable. The Town of Marcellus 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 subsection 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.
(2) 
Applicability. This subsection shall apply to all solar energy systems in the Town of Marcellus that are installed or modified after the effective date of this subsection. All solar energy systems that are installed or modified after the effective date of this subsection shall be in compliance with all of the provisions hereof.
(3) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
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 manner that the solar energy system is a permanent and integral part of the building structure.
FLUSH MOUNTED SOLAR ENERGY SYSTEM
A 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 SYSTEM
A 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.
NET-METERING
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.
QUALIFIED SOLAR INSTALLER
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. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town Code Enforcement Officer or such other Town officer or employee as the Town Board designates determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
A 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.
SOLAR ACCESS
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.
SOLAR COLLECTOR
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.
SOLAR ENERGY SYSTEM
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 this subsection, a solar energy system does not include any solar energy system of four square feet in size or less.
SOLAR FARMS
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.
SOLAR PANEL
A device which converts solar energy into electricity.
SOLAR SKYSPACE
The space between a solar energy system and the sun through which solar radiation passes.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available in an electrical form.
(4) 
Building-integrated solar energy systems.
(a) 
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.
(b) 
Building-integrated solar energy systems shall be subject to the general requirements set forth at Subsection M(7) of this section.
(5) 
Rooftop-mounted solar energy systems.
(a) 
Districts where allowed. Rooftop-mounted solar energy systems shall be permitted in all zoning districts within the Town subject to the following requirements:
[1] 
A building permit shall be required for installation of all rooftop-mounted solar energy systems.
[2] 
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.
(b) 
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.
(c) 
Exceptions to the requirements in Subsection M(5)(b) of this section may be requested where access, pathway or ventilation requirements are reduced due to:
[1] 
Unique site specific limitations;
[2] 
Alternative access opportunities (such as from adjoining roofs);
[3] 
Ground-level access to the roof area in question;
[4] 
Other adequate ventilation opportunities when approved by the Codes Office;
[5] 
Adequate ventilation opportunities afforded by panels setback from other rooftop equipment (for example: shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);
[6] 
Automatic ventilation devices; or
[7] 
New technology, methods or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
(d) 
In the event any of the standards in Subsection M(5)(b) of this section are more stringent than the New York State Uniform Fire Prevention and Building Code,[2] the standards enumerated in said subsection shall be deemed to be installation guidelines only and the standards of the code shall apply.
[2]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
(e) 
Rooftop-mounted solar energy systems also shall be subject to the general requirements set forth at Subsection N(7) of this section.
(f) 
Unified solar permit for eligible rooftop-mounted solar energy systems. Provided the rooftop-mounted solar energy system meets the requirements for a unified solar permit pursuant to this subsection, in addition to the requirements specified in Subsections M(5)(a) and (b), an applicant must submit a unified solar permit application to the Code Enforcement Officer, which shall contain the following:
[1] 
A Unified Solar Permit Eligibility Checklist.
[2] 
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 Fire Code, if applicable.
[3] 
One-line or three-line electrical diagram. The electrical diagram required by NYSERDA for an incentive application and/or utilities for an interconnection agreement can also be provided here.
[4] 
Specification sheets for all manufactured components.
[5] 
All diagrams and plans must be prepared by a professional engineer or registered architect as required by New York State law and include the following:
[a] 
Project address, section, block and lot number(s) of the property;
[b] 
Owner's name, address and phone number;
[c] 
Name, address and phone number of the person preparing the plans; and
[d] 
System capacity in kW-DC.
(g) 
Permit review and inspection timeline. Unified solar permit determinations will be issued within 14 days upon receipt of complete and accurate applications. The municipality will provide feedback within seven days of receiving incomplete or inaccurate applications. If an inspection is required, a single inspection should be sufficient and will be provided within seven days of inspection request.
(6) 
Ground-mounted solar energy systems.
(a) 
Districts where allowed. Ground-mounted solar energy systems are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements:
[1] 
A building permit shall be required for installation of all ground-mounted solar energy systems.
[2] 
Ground-mounted solar energy systems are prohibited in front yards.
[3] 
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.
[4] 
Setbacks. Further setbacks, area and yard requirements and bulk restrictions may be required by the Planning Board in addition to those set forth in Subsection M(6)(a)[3] above in order to protect the public's safety, health and welfare.
[5] 
The height of the solar collector/panel and any mounts 15 feet in height when oriented at maximum tilt measured from the ground and including any base.
[6] 
Ground-mounted solar energy systems 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.
[7] 
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.
[8] 
Neither the ground-mounted solar energy system, nor any component thereof, shall be sited within any required buffer area.
[9] 
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, provided that nonresidential placements exceeding this size may be approved by the Planning Board subject to site plan review pursuant to § 235-28 of this chapter.
[10] 
The area beneath the ground-mounted solar energy system shall be included in calculating whether the lot meets the maximum permitted lot coverage requirements for the applicable district, notwithstanding that the collectors are not "buildings."
(b) 
Ground-mounted solar energy systems also shall be subject to the general requirements set forth at Subsection M(7) of this section.
(7) 
General requirements applicable to building-integrated, rooftop-mounted and ground-mounted solar energy systems.
(a) 
All solar energy system installations must be performed by a qualified solar installer.
(b) 
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.
(c) 
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.
(d) 
Any connection to the public utility grid must be inspected by the appropriate public utility.
(e) 
Solar energy systems shall be maintained in good working order.
(f) 
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 surrounding neighborhood.
(g) 
Solar energy systems shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including but not limited to:
[1] 
Weight load;
[2] 
Wind resistance; and
[3] 
Ingress or egress in the event of fire or other emergency.
(h) 
Rooftop-mounted solar energy systems shall meet New York's Uniform Fire Prevention and Building Code standards.[3]
[3]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
(i) 
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 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.
(j) 
All utility services and electrical wiring/lines shall be placed underground and otherwise be placed within the walls or unobtrusive conduit. No conduits or fees may be laid on the roof. Feeds to the inverter shall run within the building and penetrate the roof at the solar panel location.
(k) 
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.
(l) 
To the extent practicable, solar energy systems shall have neutral paint colors, materials and textures to achieve visual harmony with the surrounding area.
(m) 
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.
(n) 
Marking of equipment. 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. 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.
(8) 
Solar farms.
(a) 
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 Agricultural Zone and the Light Industrial Zone within the Town.
(b) 
Districts where prohibited. Solar farms shall be prohibited in all residential districts.
(c) 
Lot area and yard regulations. The following lot area and yard regulations shall apply to solar farms located in the Agricultural and Light Industrial Zones within the Town:
[1] 
Minimum street frontage: 300 feet.
[2] 
Minimum lot area: 15 acres.
[3] 
Minimum front yard setback: 250 feet.
[4] 
Minimum rear yard setback: 100 feet.
[5] 
Minimum side yard setback: 100 feet.
(d) 
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 Marcellus 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 Planning Board as hereinafter provided.
(e) 
Special use permit. In addition to the criteria heretofore established, the following criteria are hereby established for purposes of granting a special use permit for a solar farm:
[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 Marcellus or that extends beyond the border of the Town of Marcellus. For purposes of this subsection, consideration shall be given to any relevant portions of the current, amended and/or future Town of Marcellus 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.
[4] 
Ownership. Ownership of the solar farm is not required to be the same as the owner of the fee interest in the real property upon which it is situated, however, the terms of the lease agreement or other contract between the property owner and solar farm operator must be approved by the Town.
[5] 
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.
[6] 
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 Marcellus or federal or state regulatory agencies.
[7] 
Setbacks. Additional setbacks may be required by the Zoning Board of Appeals in order to provide for the public's safety, health and welfare.
(f) 
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.
(g) 
Site plan review. The following submission requirements must be observed regarding a site plan application for a solar farm. The Planning Board may also require any of the requirements of § 235-28 of this chapter as part of the submission:
[1] 
A completed application form as supplied by the Town of Marcellus for site plan approval for a solar farm.
[2] 
Proof of ownership of the premises involved, or an express, written authorization by the owner of the premises for the applicant to make such application.
[3] 
Plans and drawings of the proposed solar farm installation signed 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 Planning 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 depict:
[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 Planning 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] 
Screening. Screening requirements shall be approved by the Planning Board during the site plan review and approval process.
[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 Planning Board.
[5] 
If applicable, 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 area etc.
[8] 
A plan for clearing and/or grading of the site and a Stormwater Pollution Prevention Plan (SWPPP) for the site.
[9] 
Documentation of utility notification, including an electric service order number.
[10] 
Sun chart. Where deemed appropriate, the Planning 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 sky space of the proposed solar farm. The sun chart shall also indicate the potential for obstructions to the solar sky space of the proposed solar farm under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of the Zoning Code of the Town of Marcellus 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 sky space that should be considered when development of neighboring properties occurs. This section in no way places responsibility on the Town for guaranteeing the solar sky space 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 Planning 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 and shall be shielded from all neighboring properties and public roads.
[17] 
Solar farms shall be enclosed by a perimeter fencing to restrict unauthorized access at a height of 8 1/2 feet or as otherwise approved by the Planning Board.
[18] 
Only signage used to notify the location of the solar farm shall be allowed and such signage shall otherwise comply with the Town's sign regulations and requirements.
[19] 
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. The following additional material may be required by the Planning 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 Planning Board and computer-enhanced to simulate the appearance of the as-built aboveground solar farm components as they would appear from these locations.
(h) 
Site plan review criteria. In addition to the above, no site plan shall be approved unless the Planning 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.
(i) 
Public hearing. No action shall be taken by the Zoning Board of Appeals to issue a special use permit or by the Planning 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 Marcellus 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.
(j) 
Compliance with Uniform Fire Prevention and Building Code.[4]
[1] 
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 Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.
[2] 
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 Fire Prevention and Building Code.
[4]
Editor's Note: See Ch. 90, Construction Codes, Uniform.
(k) 
Compliance with state, local and national electric codes.
[1] 
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.
[2] 
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.
(l) 
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.
(m) 
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 operating according to the drawings and development plan(s) submitted to the Town.
(n) 
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. Proof of said insurance policy shall be provided to the Town annually.
(o) 
Inspections. The 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 constructed or is constructed, to inspect all parts of said solar farm installation and to require that repairs or alterations be made if, in his or her judgment, there exists a deficiency in the operation or the structural stability of the solar farm or any component thereof. Any of the aforementioned Town officials shall have the further authority to determine whether the solar farm should be decommissioned pursuant to Subsection M(8)(q) below. If necessary, the Code Enforcement Officer 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.
(p) 
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 Planning 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.
(q) 
Decommissioning and removal of solar farm facilities.
[1] 
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.
[2] 
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.
(r) 
Fees. Fees for applications, inspections and permits under this section shall be established by resolution of the Town Board of the Town of Marcellus.
(s) 
Waiver. The Planning Board or the Zoning Board of Appeals may, under appropriate circumstances, waive one or more of the submission requirements contained herein.
A. 
Creation, appointment and organization. A Zoning Board of Appeals consisting of five members is hereby created. The Town Board shall appoint the members for overlapping five-year terms and shall also appoint the Chairperson and the Secretary. The Zoning Board of Appeals shall prescribe rules for the conduct of its affairs.
B. 
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
(1) 
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provisions of this chapter, including determination of the exact location of any zone boundary if there is uncertainty with respect thereto.
(2) 
Special permits. To issue special permits for any of the uses for which this chapter requires the obtaining of such permits from the Zoning Board of Appeals, but not for any other use or purpose. No such special permits shall be granted by the Zoning Board of Appeals unless it finds that the use for which such permits sought will not, in the circumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
(3) 
Variances.
(a) 
Definitions. As used in this section:
AREA VARIANCE
The 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.
USE VARIANCE
The 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.
(b) 
A use variance or area variance shall be granted by the Zoning Board of Appeals only upon a finding pursuant to § 267-b of the Town Law. In granting any variance, the Zoning Board of Appeals shall prescribe any condition that it deems to be necessary or desirable.
C. 
Procedure.
(1) 
The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of the local law involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as may be the case.
(2) 
Every decision of the Zoning Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the peculiar case. Each such resolution shall be filed in the office of the Town Clerk, by the case number under one or another of the following headings: interpretation; special permits; variances; together with all documents pertaining thereto. The Zoning Board of Appeals shall notify the Town Board of the Town of Marcellus of each special permit and each variance granted under the provision of this chapter.
(3) 
The Planning Board shall act in an advisory role in applications for special permits and variances.
(4) 
The applicant for an area or a use variance shall notify by certified mail all property owners within 500 feet of the subject property at least five days prior to the public hearing and shall furnish the Zoning Board of Appeals with post office receipts as proof of notification.
A. 
Site plan review and approval. No building or zoning permits shall be issued for any use or structure until a site plan has been reviewed and approved by the Planning Board. Site plan review shall not be required for:
(1) 
One- or two-family dwellings and associated accessory structures and uses in the R-1, R-2, R-3, R-4 or Agricultural Zones.
(2) 
Uses or structures that require a special permit or a variance from the Zoning Board of Appeals shall be subject to an advisory site plan review prior to any decision by the Zoning Board of Appeals. The advisory review by the Planning Board shall address the site plan criteria in this § 235-28 and may include issues the Planning Board deems relevant. Where a special permit or variance is required, the Planning Board may only recommend a decision to the Zoning Board of Appeals, but it may offer a list of issues which the Planning Board determines needs further consideration by the Zoning Board of Appeals. The findings, recommendations, or suggestions of the Planning Board shall be presented in writing within 45 days and shall not be binding upon the Zoning Board of Appeals. The review period may be modified upon mutual consent of the above boards.
B. 
Sketch plan. A sketch plan conference may be held between the Planning Board and the applicant prior to the submission of a formal site plan. Such conference is to enable the applicant to discuss his proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concepts. The Planning Board will advise the applicant as to potential problems and concerns and generally determine the information required on the site plan. For the plan conference, the applicant should provide the following:
(1) 
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;
(2) 
A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features; and
(3) 
A topographic or contour map.
C. 
Application for site plan approval. An application for site plan approval shall be made in writing to the Chairman of the Planning Board no less than 10 working days before any scheduled or special Planning Board meeting. The applicant shall submit a site plan and supporting data which have been prepared by an architect, landscape architect, engineer or land surveyor and which shall include the following information presented in drawn form from this checklist:
(1) 
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
(2) 
North arrow, scale and date;
(3) 
Boundaries of the property plotted to scale;
(4) 
Existing watercourses;
(5) 
Grading and drainage plan, showing existing and proposed contours;
(6) 
Location, design and type of construction proposed use and exterior dimensions of all buildings;
(7) 
Location, design and type of construction of all parking and truck loading areas, showing access and egress;
(8) 
Provisions for pedestrian access;
(9) 
Location of outdoor storage, if any;
(10) 
Location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences;
(11) 
Description of the method of sewage disposal and location, design, and construction materials of such facilities;
(12) 
Description of the method of securing public water and locations, design and construction materials of such facilities;
(13) 
Location of fire and other emergency zones, including the location of fire hydrants;
(14) 
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;
(15) 
Location, size and design and type of construction of all proposed signs;
(16) 
Location and proposed development of all buffer areas, including existing vegetative cover;
(17) 
Location and design of outdoor lighting facilities;
(18) 
Identification of the location and amount of building area proposed for retail sales or similar commercial activity;
(19) 
General landscaping plan and planting schedule;
(20) 
An estimated project construction schedule;
(21) 
Record of application for and approval status of all necessary permits from state and county officials;
(22) 
Identification of any state or county permits required for the project's execution;
(23) 
Other elements integral to the proposed development as considered necessary by the Planning Board;
(24) 
SEQR submission;
(25) 
Names of property owners within 500 feet of property;
(26) 
Current survey.
D. 
Review of site plan. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
(1) 
Location, arrangement, size, design, and general site compatibility of building, lighting and signs.
(2) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(3) 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4) 
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5) 
Adequacy of stormwater and drainage facilities.
(6) 
Adequacy of water supply and sewage disposal facilities.
(7) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8) 
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(9) 
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
E. 
Planning Board action on site plan. Within 62 days of the receipt of a complete application for site plan approval, the Planning Board shall render a decision, file said decision with the Town Clerk, and mail such decision to the applicant with a copy to the Codes Enforcement Officer. At the Board's option, such decision may be reached at a public hearing called for the purpose. The time within which a decision must be rendered may be extended by mutual consent of the applicant and Planning Board.
(1) 
Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward a copy to the applicant, Code Enforcement Officer, and file same with the Town Clerk.
(2) 
Upon disapproval of a site plan, the Planning Board shall so inform the Code Enforcement Officer and he shall deny a permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk.
F. 
Reimbursable costs. All costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall comply with Chapter 105, Article I, Development and Project Fees, of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
Performance guarantee. No certificate of occupancy or compliance shall be issued nor shall occupancy be allowed, until all improvements shown on the site plan are installed or a sufficient performance guarantee provided as determined by the Town Board after consultations with the Planning Board, Code Enforcement Officer, Town Attorney, and other appropriate parties.
H. 
Inspection of improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements including coordination with the Planning Board and other officials and agencies, as appropriate.
I. 
Integration of procedures. Whenever proposed development requires compliance with other procedures in this chapter or other Town requirements, the Planning Board shall attempt to integrate its site plan review with such other compliance.
J. 
Hardship. Where the Planning Board finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of mollifying the intent and purpose of the Official Zoning Map, the Zoning Local Law, the Comprehensive Plan, or these regulations.
K. 
Preparation of Stormwater Pollution Prevention Plan (SWPPP). A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 193, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards set forth in Article II of Chapter 193. The approved site plan shall be consistent with the provisions of said Chapter 193.
[Added 1-9-2012 by L.L. No. 3-2012]
The Town Board may, from time to time, on its own motion, or on petition or on recommendation of the Zoning Board of Appeals, amend, supplement, change, modify, or repeal this chapter in accordance with applicable provisions of law.
A. 
Violation; penalty.
(1) 
A violation of this chapter shall be an offense punishable by:
(a) 
A fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense;
(b) 
A fine not less than $250 nor more than $750 or imprisonment for a period not to exceed 15 days, or both, for conviction of a second offense within five years of the first;
(c) 
A fine not less than $750 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a third or subsequent offense, all of which occurred within five years of the first.
(2) 
It shall be unlawful for a person to fail in any manner to comply with any notice, order, or directive of the Code Enforcement Officer.
(3) 
Each week of continued violation shall constitute a separate additional violation. In addition, the Town Board shall have such other remedies as are provided by law to enforce the provisions of this chapter.
B. 
Complaints of violations. Whenever a violation of this chapter occurs, any property owner of record may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Town Clerk who shall properly record such complaint and immediately refer it to the proper person or Board, who shall take appropriate action to correct such violations.
C. 
The Code Enforcement Officer shall be allowed to post a notice of violation on the property in question. Removal of the sign shall be construed to be a violation as defined.
A. 
If the Zoning Board of Appeals of the Town of Marcellus shall find that any operation permitted hereunder by special permit is not conducted in accordance with the conditions as set forth in that special permit, a notice in writing shall be served upon the holder of the permit directing that the conditions provided be remedied within 10 days after the service of such notice. If said condition is not corrected or met after the expiration of said ten-day period, the Zoning Board of Appeals 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 Zoning Board of Appeals at a time to be specified in such notice to show cause why said permit should not be revoked or suspended.
B. 
The Zoning Board of Appeals may, after hearing the testimony of witnesses and the holder of the permit, revoke or suspend such permit if the Zoning Board of Appeals shall find that said operation is not being conducted in accordance with provisions of this chapter or the conditions of said permit.
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. Said fee or fees shall be paid by the applicant at the time of application.
If any clause, sentence, paragraph or section of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof but such judgment shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.