Except as hereinafter provided, the following general provisions
shall apply to land use and development in the Town of Dryden:
A.
No land or structure shall hereafter be used or occupied and no structure
or part thereof shall hereafter be enlarged or its use altered unless
such action is in conformance with all the regulations specified for
the zone in which said action occurs, any special regulations applicable
thereto, and the provisions of this chapter.
B.
Until such time as public water and/or sewer facilities are available, the Tompkins County Health Department standards for minimum lot size shall take precedence over any less restrictive provisions of this chapter except as may be provided in Chapter 240, Subdivision of Land.
C.
No lot shall hereafter be reduced or altered so as to result in a
lot that does not meet the minimum lot area or yard requirements prescribed
by this chapter.
D.
No yard provided for any structure for the purpose of complying with
the provisions of this chapter shall be considered as providing a
yard for any other structure.
E.
Public utility facilities (including electric, gas, telephone and
television cable) and necessary appurtenances thereto, shall be allowed
uses in all zones by special use permit.
F.
The provisions of this chapter shall not be in conflict with Chapter 240, Subdivision of Land, and the most restrictive provisions shall apply.
G.
Waiver or modification of lot requirements during site plan review
approval.
(1)
To encourage development, or redevelopment, as the case may be, the Town Board reserves the right to waive or modify, upon a determination as herein provided, the area and bulk requirements pertaining to the dimensions of a lot, set forth in Article VI. An applicant requesting a waiver or modification of lot requirements must demonstrate by clear and convincing evidence that, to the maximum extent practicable, the proposed development complies with the Residential and/or Commercial Development Guidelines.
(2)
In reaching a determination whether the applicant has, to the
maximum extent practicable, complied with the applicable Design Guidelines,
the Town Board shall consider:
(a)
The recommendations of the Planning Department and the Planning
Board;
(b)
The scope of the proposed development, including number of new
lots;
(c)
Minimization of new public infrastructure;
(d)
Maximization of permanently preserved open space; and
(e)
Utilization of techniques designed to enhance public safety,
environmental quality, property values, economic opportunity, Town
character as expressed in the Town's 2005 Comprehensive Plan, and
the overall quality of life for all Town residents.
(3)
The Town Board shall hold a public hearing on any application
to waive or modify lot requirements under this subsection, and the
provisions of Town Law § 265 shall apply.
(4)
In reaching a determination about whether to waive or modify
any of the above-mentioned area and bulk lot requirements, the Town
Board shall make detailed findings of fact and conclusions based on
the application, the recommendations of the various reviewers, the
public hearing and the standards herein set forth.
All lots shall be kept free of vehicles that are unregistered,
abandoned or inoperable, and shall be kept free of trash, rubbish
or junk. For the purposes of this section, one vehicle that is unregistered
but operable shall be permitted. An inspection certificate less than
one year old by an inspector licensed by the New York State Department
of Motor Vehicles shall be prima facie proof of the vehicle being
operable. For vehicles that do not have such an inspection certificate,
the owner may certify, under the penalty of perjury, that such vehicle
is operable. An owner's certification shall not be entitled to prima
facie evidence as to the vehicle being operable.
A.
Off-street parking spaces shall be provided as specified in this section and subject to the provisions of Subsection H(2) below shall be paved, drained, maintained and provided with necessary access driveways. All such parking spaces shall be considered to be required space on the lot on which they are located, unless otherwise stated, and shall not therefore be encroached upon in any manner.
B.
All uses allowed by this chapter, as well as uses, allowed by variance,
shall include at minimum the following amount of off-street parking
spaces:
(1)
For each dwelling unit: one parking space, except for dwelling
units occupied by more than three unrelated persons, where one parking
space per bedroom shall be required.
(2)
For hotels and motels: one parking space per room plus one parking
space per two employees.
(3)
For a church: one parking space for each four persons who can
be seated in the sanctuary area.
(4)
For an educational building: one parking space for each employee
and one parking space for each 10 students.
(5)
For a college, trade school, or other post-secondary educational
facility: one parking space for each two employees and one parking
space for each two students.
(6)
For a community center or other civic or semipublic structure:
one parking space for each 250 square feet of gross floor space plus
one parking space for every two employees.
(7)
For public or private parks or playgrounds: ample parking spaces
to accommodate the parking requirements for the expected use as determined
by the Board.
(8)
For commercial recreation facilities: one parking space for
each 200 square feet of enclosed space for indoor facilities, plus
for outdoor facilities one parking space for each 7,500 square feet,
or major fraction thereof, up to a maximum 10 spaces, and thereafter,
one parking space for every 20,000 square feet, or major fraction
thereof.
(9)
For a restaurant, club, lodge or similar use: one parking space
for each 150 square feet of floor area.
(10)
For any retail shop or store: five parking spaces for each 1,000
square feet of floor area.
(11)
For any gasoline filling station: one parking space per pump
island, plus applicable parking for all other uses on the site.
(12)
For a shopping center: five parking spaces for each 1,000 square
feet of floor area up to 25,000 square feet, then four parking spaces
for each 1,000 square feet thereafter.
(13)
For a professional office, studio or bank (except medical and
dental offices): one parking space for each 250 square feet of floor
area.
(14)
For medical and dental offices and clinics: one parking space
for each 150 square feet of gross floor area.
(15)
For research offices and laboratories: one parking space for
each 200 square feet of floor area or one parking space for each two
employees working on the largest shift, whichever is greater.
(16)
Home occupation Level 2: in addition to the dwelling unit parking
space requirement, ample parking space to accommodate the parking
requirements of the expected use determined at the time of the special
use permit hearing.
(17)
For a hospital, nursing home, similar use: one parking space
for each four beds, plus one parking space for each employee per shift.
(18)
For machinery display and repair uses: one parking space for
each two employees, plus one parking space for each 5,000 square feet,
or major fraction thereof, of lot area.
(19)
For a manufacturing, assembly or other light industrial use:
one parking space for each two employees per shift.
(20)
For lumber, building materials and other similar storage yards:
one parking space for each two employees, plus one space for each
5,000 square feet or major fraction thereof of storage area.
(21)
For wholesale, storage and warehouse facilities: one parking
space for each 2,000 square feet of warehouse space, plus one parking
space for each 250 square feet of office space.
(22)
For all service uses such as printing, welding, plumbing and
similar shops: one parking space for each employee or one parking
space for each 500 square feet of floor area devoted to such use,
whichever is greater.
(23)
For a boarding house, bed-and-breakfast establishment and bed-and-breakfast
home: in addition to the dwelling unit parking requirement, one parking
space for each bedroom to be rented.
C.
In order to encourage safe and convenient traffic circulation, the
Board may require the interconnection of parking areas in adjacent
lots via access drives within and between such lots. The Board shall
require written assurance and/or deed restrictions, satisfactory to
the Board, binding the owner, and the successors and assignees of
the owner to maintain such interconnection of parking areas.
D.
Loading berths.
(1)
Every use requiring receipt or distribution of materials or
merchandise by motor vehicle shall have one or more loading berths
or other dedicated space for standing, loading and unloading according
to the following tables. Such loading berth shall be of a sufficient
size to allow normal loading and unloading operations appropriate
to the use of the property, and such space shall not be used for parking
of vehicles or storage of materials, or to meet the off-street parking
requirements.
|
Off-Street Loading Berth Requirements
| |
|---|---|
|
Land Use Classification
|
Loading Berth Requirements
|
|
Hotel/motel uses
|
1 loading berth for every 100,000 square feet of floor area,
to a maximum of 3 loading berths
|
|
Light Industrial and commercial uses:
|
Minimum number of loading berths required as follows:
|
|
Less than 25,000 square feet
|
1
|
|
25,000 to 49,999 square feet
|
2
|
|
50,000 to 99,999 square feet
|
3
|
|
Each additional 100,000 square feet
|
1 additional loading berth
|
E.
For all uses requiring site plan approval or a special use permit,
applicable facilities for bicycle parking, as determined by the Board,
shall be provided.
F.
Landscaping and layout of parking areas.
(1)
Plan; shade trees.
(a)
A landscaping plan for parking areas shall be submitted for
those uses requiring site plan review or a special use permit.
(b)
All areas in a parking lot not required for parking spaces or
access drives shall be suitably landscaped and maintained and shall
include the use of shade trees as herein provided.
(2)
In off-street parking facilities with 25 or more parking spaces,
at least 15% of the land within the perimeter of the area dedicated
to parking shall consist of raised landscaped islands, except that
the Board may waive or modify this requirement for good cause shown
and in the interest of good design, when fewer than 50 parking spaces
are required.
(a)
Landscaped islands shall be located at the ends of each parking
bay which contains 10 or more parking spaces, separating adjacent
rows of parking spaces at least every second parking bay and elsewhere
as determined appropriate by the Board in order to direct vehicle
movement, provide for plant growth and vehicle overhang, provide for
pedestrian circulation and otherwise help assure proper traffic circulation,
pedestrian safety and aesthetics. Such landscaped islands and the
plantings within them shall be designed and arranged so as to provide
vertical definition to major traffic circulation aisles, entrances
and exits; to safely channel internal traffic flow; to prevent indiscriminate
diagonal movement of vehicles; to provide cooling shade and relief
from the visual impact, monotony and heat of large expanses of paved
areas; and, where appropriate, to accommodate stormwater management
practices such as bioretention areas, swales and sand filters.
(b)
Unless modified by the Board, the minimum width of landscaped
islands shall be eight feet when located at the ends of parking bays
and 10 feet where separating opposing rows of parking spaces or adjacent
to circulation aisles. All corners shall be rounded with a curb radius
of not less than three feet unless otherwise required by the Board.
(c)
The landscaping of off-street parking areas shall include at
least one shade tree of not less than three inches caliper (dbh) for
each six parking spaces. Main traffic circulation aisles shall be
emphasized with such shade trees. Other landscaped islands may be
planted with flowering trees and/or other plantings, as appropriate.
The shade tree planting is in addition to ground cover, shrubs and
hedges which are to be provided where appropriate to serve their intended
function while not interfering with safe sight distance for pedestrians
and vehicles.
(d)
The Board may also permit nonlandscaped islands, if appropriate
for purposes such as pedestrian circulation, snow storage and so forth.
Such islands shall not be less than four feet in usable width.
(e)
In addition to the buffer requirements of § 270-9.10, all off-street parking and loading facilities shall also be attractively landscaped along their periphery. Such landscaped screening shall be a minimum of 10 feet in width. The buffer shall consist of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Board, will serve the intended function. The Board may allow or require a landscaped berm, wall or fence of location, height, design and materials determined suitable by the Board to be substituted for or to supplement the required screen planting.
(f)
New plantings shall be comprised of appropriate native species
and shall not include those invasive species on the "Invasive Plants
of Tompkins County" list.
G.
No parking facilities shall provide more than 120% of the minimum
number of parking spaces required by this section unless expressly
approved by the Board in approval.
H.
Stormwater management, use of pervious or porous materials.
(1)
All parking facilities shall be designed in compliance with Chapter 233, Stormwater Management and Erosion and Sediment Control.
(2)
Notwithstanding Subsection A above, where feasible and appropriate, the use of pervious or porous materials in the construction of parking facilities is encouraged, including the use of crushed stone, porous asphalt and concrete mixtures and blocks or brick laid in sand. The porous or pervious surfaces can cover the entire lot, or certain areas, such as parking stalls. Porous surfaces should be designed to encourage the direct infiltration and cleansing of stormwater, to reduce adverse environmental impacts of large impervious parking areas.
I.
In the case of two or more different uses located on the same lot,
the sum of the space required for all uses individually may be reduced
to an amount no less than 125% of the largest number of spaces required
by any single use, upon a determination by the Board that such a reduced
amount of parking space will be adequate to serve all uses on the
lot due to their different character and hours of operation.
J.
Parking spaces for the handicapped shall be at least eight feet in
width and shall have an adjacent access aisle at least eight feet
in width or as otherwise required by the New York State Uniform Fire
Prevention and Building Code.[1] The minimum number of handicap accessible spaces shall
also be as required by such code. The eight-foot-wide access aisle
may be shared by two adjacent handicap parking spaces and shall be
part of an accessible route to the building or use which it is designed
to serve. Such spaces shall be appropriately located and clearly identified
and limited in their use by appropriate signage and pavement markings.
K.
Reduction of required number of parking spaces.
(1)
If the Board determines that less than the required number of
parking spaces required by this section will satisfy the intent of
this chapter based upon the proposed use, and such other factors as
the Board may determine, the Board may reduce the number of parking
spaces to be initially provided by up to 50% of the number of spaces
otherwise required.
(2)
In granting such a reduction in the required number of spaces,
the parking plan must provide for sufficient area to accommodate the
number of parking spaces otherwise required by this section before
such reduction, including maneuvering areas, landscaping, stormwater
management facilities, and otherwise required improvements.
(3)
All such reserved areas shall be maintained as landscaped grounds
until required for parking.
(4)
In the event the Board determines, after a public hearing on
at least 10 days' prior notice to the property owner and the public,
that the reduced number of parking spaces are not sufficient for the
current use of the property, the Board may then require the construction
of some or all of the parking spaces originally required but not yet
provided. The failure of the property owner to comply with the order
of the Board to construct such parking facilities within six months
of the date of such order shall be grounds to revoke any certificate
of occupancy issued by the Code Enforcement Officer.
L.
For residential lots: any unoccupied camping trailer, utility trailer,
boat and/or boat trailer, or recreational vehicle may be parked on
the lot. Outside parking shall be at the rear or side of the dwelling
but shall not be closer than five feet to any side or rear property
line.
A.
The intent and purpose of this section is to establish specifications
for signs in all zones in the Town of Dryden. Compliance with these
regulations will permit proper identification of the use of or the
address of the premises, preserve and enhance the visual character
of the area, and prevent sign installations that are distracting or
hazardous to vehicular or pedestrian traffic.
B.
In general, and unless otherwise specified in this section, no portion
of any sign shall be located closer than 15 feet to any highway line.
Except for an outdoor advertising billboard, all signs shall be located
on the premises to which they pertain.
C.
All uses allowed by this chapter, including those allowed by use
variance and special use permit, may have signs in accordance with
the following specifications:
(1)
Signs required by law.
(2)
Signs of a government or utility company not to exceed 32 square
feet.
(3)
Residential signs:
(a)
One sign, not to exceed one square foot, for each dwelling unit.
(b)
One sign, not to exceed 10 square feet for a multifamily dwelling,
bed-and-breakfast establishment or bed-and-breakfast home, and Home
Occupation Level 2 in addition to a sign for the dwelling unit.
(c)
One sign, not to exceed three square feet, for each Home Occupation
Level 1 in addition to a sign for the dwelling unit.
(4)
Commercial and light industrial signs. The number of signs and
the size of each sign are shown in Table 1 for the respective use
category. Signs may be freestanding or placed on the exterior surface
of the structure.
|
Table 1
| |||||
|---|---|---|---|---|---|
|
Size, Freestanding: Use Category
|
Number of Signs
|
Maximum Square Feet
|
Maximum Size on Facade
|
Remarks
| |
|
a.
|
Retail business not in shopping center
|
2
|
40
|
25%
|
Sign on an exterior surface shall not exceed 25% of such area,
and may be in addition to the other signs permitted in this category
|
|
b.
|
Retail business in shopping center
|
1
|
16
|
16 square feet
| |
|
c.
|
Shopping centers or plazas; manufacturing, assembly or light
industrial uses
|
2
|
160
|
20%
|
For a sign facing a highway, a minimum setback of 30 feet from
the highway line is required
|
|
d.
|
Wholesale sales, storage, printing, welding, plumbing, and similar
uses; automobile and machinery sales, service, washing and maintenance;
commercial indoor recreation; motels, outdoor theater
|
2
|
80
|
20%
| |
|
e.
|
Offices and laboratories
|
1
|
80
|
20%
| |
|
f.
|
Gasoline stations
|
2
|
32
|
10%
|
In addition, 2 advertising signs not to exceed 10 square feet
are allowed
|
|
g.
|
Camps, clubs, outdoor recreation facilities, schools, churches
|
2
|
24
| ||
|
h.
|
Farm stands
|
3
|
16
| ||
|
i.
|
Manufactured home park
|
1
|
32
|
Alternatively, 1 per manufactured home park entrance with a
maximum of 3 signs not to exceed 12 square feet
| |
(5)
Signs advertising the sale, lease or rental of the premises
upon which the sign is located: one sign, not to exceed 10 square
feet if not located on the building and one sign not to exceed 50
square feet if located on the building.
(6)
Temporary signs denoting the architect, engineer, or contractor
placed on premises where construction, repair, or renovation is in
progress: one sign not to exceed 32 square feet.
(7)
Billboards. Billboards are allowed only in the Billboard Overlay
District.
[Amended 8-10-2023 by L.L. No. 6-2023]
(8)
Boarding house, bed-and-breakfast establishment, or bed-and-breakfast
home. One sign not to exceed six square feet with indirect lighting
only. If a special use permit is required, the sign is subject to
the approval of the Board.
D.
Sign illumination.
(1)
Illumination of any sign shall employ only light emitting a
constant intensity. No signs shall be illuminated by or contain flashing,
intermittent, rotating, or moving light. In no event shall an illuminated
sign be placed or light directed so that the illumination is directed
upward resulting in light pollution, or be directed upon a public
highway, sidewalk or onto the adjacent premises or that results in
glare or reflection that constitutes a traffic hazard or a nuisance.
(2)
Signs shall be illuminated by a shielded light source, or sources,
to restrict the area illuminated to the sign face, and downward.
E.
Advertising letters or symbols on opposite sides of a structure less
than one foot thick shall be considered as one sign.
F.
If a sign consists of independent, detached letters or symbols, the
area of said sign shall be determined by measuring the area within
a polygon enclosing all of such letters or symbols.
G.
No freestanding sign and its structure shall exceed 15 feet in height.
H.
Where permitted on buildings, signs shall be on the exterior wall
of the building and no portion of a sign or its support structure
shall extend above the fascia or be mounted on the roof or above the
roof.
On any corner lot, no hedge, fence, planting, wall, or structure
shall be permitted nearer than 15 feet from the highway lines if such
will result in an obstruction to the vision of motorists.
A.
For the purposes of this section, "flight hazard area" shall mean
that area as defined by Article 14 of the General Municipal Law and
pursuant to the applicable statutes, codes, rules and regulations
of the Federal Aviation Administration.
B.
Uses.
(1)
Except as provided herein, all uses may be allowed in the flight
hazard area of the Ithaca Tompkins Regional Airport.
(2)
No multifamily dwellings, hospital, nursing home, or place of
public assembly shall be allowed in an area designated as a flight
hazard area for any private airport or heliport.
C.
Before any building permit can be issued for any structure or use
in the flight hazard area of the Ithaca Tompkins Regional Airport,
the Code Enforcement Officer shall be satisfied that such structure
or use complies with all applicable federal, state and local statutes,
codes, rules and regulations for the use or construction of property
within a flight hazard area.
D.
Before a building permit can be issued for any structure or use allowed
in the flight hazard area of any private airport or heliport, the
Code Enforcement Officer shall be satisfied that such structure or
use complies with all applicable federal, state and local statutes,
codes, rules and regulations for the use or construction of a structure
within such flight hazard area.
Within one year after work on any excavation for a structure has begun, such disturbance must be graded to final contours or, if no construction was begun, the excavation must be restored to the preexisting grade. Any structure substantially damaged or destroyed by any casualty shall be rebuilt or demolished within one year following such damage or destruction except as provided in Article XVI. Any cellar remaining after demolition or destruction of a structure from any casualty shall be restored to grade within one year following such demolition or destruction.
Outdoor storage/display may be allowed as an accessory use,
provided that such storage/display areas are screened from all highways
and residential areas. Such storage/display area shall not encroach
on any yard setback, nor be located in any designated landscaping/buffer
area set forth on an approved site plan.
A.
All portions of multifamily and nonresidential lots which are not
used for structures, off-street parking and loading areas, sidewalks
or similar purposes shall be landscaped and permanently maintained
in such manner as to minimize erosion and stormwater runoff and harmoniously
blend such uses with the surrounding residential character.
B.
Multifamily or nonresidential uses abutting or directly across a
Highway from any residential property in a CV, H, NR, RA, RR or TNDO
District, shall have a Buffer Strip along or facing any common property
lines. Such Buffer Strip shall comply with the following minimum standards:
(1)
It shall be a planting of such type, height, spacing and arrangement
as, in the judgment of the Board, will effectively screen the activity
on the lot from the neighboring residential area. In the case of industrial
uses, plantings shall be at least six feet high at planting and at
least 12 feet high at maturity.
(2)
It shall be at least 20 feet in width, except in conjunction
with industrial uses, in which case the buffer strip shall be at least
30 feet in width.
(3)
No site improvements, including parking areas, shall be allowed
within 15 feet of the inside edge of any buffer strip.
(4)
A wall or fence of location, height, design and materials approved
by the Board may be substituted for part or all of the required planting
and buffer area.
(5)
Where the existing topography and/or landscaping provide adequate
screening, the Board may waive or modify the planting and/or buffer
area requirements.
All exterior lighting in connection with all structures, signs
or other uses shall be directed away from adjoining highways and properties
and shall not cause any glare observable from such highways or properties.
Hours of illumination may be restricted by the Board in any site plan
approval or special use permit. No use shall produce glare so as to
cause illumination beyond the property on which it is located in excess
of 0.5 footcandle. Light fixtures shall be designed to prevent light
pollution by shielding the light source and directing light downwards,
away from the night sky.
No required landscaped buffer strip, site plan or other required
landscape plan or planting schedule shall contain or propose an invasive
species, and no invasive species shall be planted or maintained in
such buffer strip, landscape plan or plantings.
[Added 11-19-2020 by L.L.
No. 4-2020]
A.
Use
of a dwelling unit or a portion of a dwelling unit for short-term
rental is permitted only when the residence containing the dwelling
unit is contained in or adjacent to the primary residence of the property
owner and only as an accessory use.
B.
Short-term
rental of a residence or a portion of a residence, meeting all of
the following requirements:
(2)
Permitted short-term rental types.
(a)
Rental of a residence or a portion of the residence, such as a secondary
self-contained accessory apartment or a room contained in a residence,
for a maximum of 30 days total in any calendar year where the owner
is not present in the residence, provided that the owner of the residence
or his/her agent is available locally in order to respond in a timely
manner to complaints regarding the condition of the residence or the
property at which the residence is located or regarding the conduct
of occupants of the residence.
(b)
Rental of a secondary self-contained accessory apartment, provided
that the owner of the residence is present in the residence during
the term of the rental.
(c)
Rental of a room, or portion contained in a residence, provided that
the owner of the residence is present in the residence during the
term of the rental.
(3)
A short-term rental may not be used by a total that exceeds two adults
per bedroom.
C.
Short-term
rental registration permit.
(1)
Prior to use of a residence or any part thereof for short-term rental,
the owner of the owner of the residence must obtain a registration
permit from the Town.
(2)
The owner shall complete a registration form and submit it with a
biannual registration permit fee of $90. The registration permit must
be renewed every two years.
(3)
Advertising of a property for short-term rental is prohibited absent
a valid registration permit.
D.
Presumption.
In a court action or proceeding involving an alleged violation of
this section, the publication in an advertising medium, including
but not limited to print newspaper, an online forum such as Craigslist
or a social media publication, shall be deemed to create a rebuttable
presumption that the owner of the property rented the property out
as advertised.
