As used in this chapter, the following terms shall
have the meanings indicated:
ACCESS
As used in this local law, the term access shall mean the rights to ingress and egress
to and from a shoreline lot, regardless of whether access to the shoreline
lot is gained by easement, ownership in fee, common or joint ownership,
lease, license, or any other means.
[Added 11-5-2020 by L.L.
No. 4-2020]
ACCESSORY STRUCTURE
A building located on the same lot as a principal building
but clearly subordinate to the principal building and used for purposes
that are related but incidental to those of the principal building.
ACCESSORY USE
A use of land or a building or a portion thereof that is
customarily subordinate and incidental to the principal use of the
land or building and located on the same lot as the principal use.
ADULT RESIDENTIAL CARE FACILITY
Residential facilities for adults where minimal medical care
is provided on a twenty-four-hour basis for persons who are unable
to live independently. Such land use includes an adult-care facility
as defined in the New York State Social Services Law and which maintains
a valid operating permit from NYS or the Onondaga County Department
of Social Services. An adult residential care facility also includes
retirement homes and communities which provide residences for the
elderly with some supportive services. (See also "retirement community.")
AGRICULTURAL USE
A parcel of land that is used in the raising of agricultural
products such as crops, livestock, poultry and dairy products and
meeting the minimum standards for farming operations as established
by the State Agriculture and Markets Law. A farm includes structures
necessary to the production, storage, maintenance and care of agricultural
products and equipment. A farm.
ALTERATION
As applied to buildings or structures, a change or rearrangement
in the structural parts or in existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or moving
from one location to another.
ANTENNA
A system of electrical conductors that transmits or receives
radio frequency waves. Such waves shall include but not be limited
to radio-navigation, radio, television, wireless and microwave communications.
The frequency of these waves generally range from 10 hertz to 300,000
megahertz.
AREA LIGHT
Light that produces over 1,800 lumens including, but not
limited to, streetlights, parking lot lights and yard lights.
BACKLOT
Any lot which does not abut the shoreline of an inland lake
or body of water and is contiguous with the shoreline lot. Lake access
is not allowed to backlots that are not contiguous with any shoreline
lot.
[Added 11-5-2020 by L.L.
No. 4-2020]
BASEMENT
That habitable space of a building that is partly below grade
and has six feet or more of its height, on average, above the finished
grade around the building. (See also "story.")
BED-AND-BREAKFAST
An owner-occupied, one-unit dwelling within which overnight
accommodations are provided for transient guests in compliance with
the NYS Uniform Building Code, and generally including the serving
of breakfast to guests.
BODY OF WATER
Any river, lake or pond located in the Town of Tully, including
but not limited to Song Lake, Tully Lake, Tracy Lake, Green Lake and/or
Crooked Lake and any other body of water which may be subject to shoreline
development.
[Added 11-5-2020 by L.L.
No. 4-2020]
BUFFER STRIP
A strip of land generally adjacent to a property line, on
which a screen of landscaping that will be dense enough and high enough
to be a visual buffer is installed and maintained by the property
owner.
BUSINESS, MANUFACTURING
A commercial activity characterized by the production of
goods, by the fabrication of raw materials or the assembly of parts,
generally through the use of machinery, for the main purpose of off-premises
sale to other manufacturers or nonretail purchasers.
BUSINESS, RETAIL
A commercial activity characterized by the direct sale of
goods and services to the final consumer, including financial institutions,
business and professional offices and services, eating establishments
and places of amusement and recreation.
BUSINESS, WHOLESALE
A commercial activity characterized by the bulk sale of merchandise
to retail, manufacturing, institutional or other wholesaling establishments,
including on-premises storage and distribution facilities.
CABIN or COTTAGE
A building designed for seasonal occupancy and not suitable
for year-around living, whether or not such building is actually occupied
seasonally or otherwise.
CEMETERY
Land for the burial or interment of the dead and dedicated
for these purposes, including columbariums, crematories, mausoleums,
places of worship and other accessory structures situated within the
boundary of the cemetery.
CHURCH, PLACE OF WORSHIP
A building or space for public worship and used by an organization
that is registered by the State of New York.
CLUSTER DEVELOPMENT
The subdivision of an area into lots that are smaller than
would normally be permitted in the district where such lots are located,
but where the density of development is no greater than would be permitted
in the district by conventional development, and where the residual
land produced by the smaller lot size is preserved as undeveloped
land or common recreation space.
COMMERCIAL ANIMAL FACILITY
A facility providing for the housing, care, treatment, breeding
and sale of dogs, cats and similar small animals. This definition
does not include commercial pet shops that do not have outside animal
runs or the keeping and occasional sale of pets, when incidental to
a residential use.
COMMUNITY CENTER
A facility under the direct supervision of a charitable,
religious, social service or similar organization designed primarily
to provide a meeting place for purposes of education, training, counseling,
recreation or similar pursuits, including social facilities incidental
to them but excluding private clubs, golf courses, schools or retail
businesses.
CONVALESCENT HOME
An extended or intermediate care facility licensed by the
State of New York to provide full-time convalescent or chronic care
to individuals who are not able to care for themselves. A skilled
nursing facility; a nursing home.
CONVENIENCE (MINI) MART
A small commercial activity that may offer for sale convenience
goods, beverages, sundries and motor fuel.
DAY-CARE FACILITY
An activity providing for a program of daily care and supervision
of seven or more minors, such as nurseries, preschool programs and
day-care centers, but excluding a group residence.
DOCK
A platform extending out from or near the shoreline into
the water.
[Added 11-5-2020 by L.L.
No. 4-2020]
DRIVE-THROUGH
A commercial establishment that permits customers to obtain
goods or services while remaining in their vehicles.
DWELLING, FACTORY-MANUFACTURED
A single-family dwelling that meets all applicable New York
State building codes and is constructed by a method of construction
whereby the basic structure or its components are wholly, or in substantial
part, manufactured in a remote facility. A factory-manufactured dwelling
does not have a hitch or wheels and is designed to be transported
by truck to a lot for assembly and permanent installation on a foundation.
For purposes of this chapter, a mobile dwelling as defined herein,
whether single-wide or double-wide is not a factory-manufactured dwelling.
DWELLING, MOBILE
A single-family dwelling transportable on its own chassis
and wheels, installed on its own wheels or on rigid supports and designed
to be towed from one site to another. For purposes of this chapter,
a HUD-approved double-wide manufactured home shall not be considered
a mobile home.
DWELLING, TOWNHOUSE
A building containing a group of three or more attached single-family
dwelling units each of which extends from foundation to roof and has
one or two sidewalls in common with sidewalls of the abutting unit.
DWELLING UNIT
An area within a structure intended and designed as a self-contained
unit for occupancy as a residence by not more than one family and
which has direct access from its exterior or through a common hall
or entrance, and which generally includes kitchen, bathroom, dining,
sleeping and related facilities required for human habitation.
DWELLING UNIT, ACCESSORY (ADU)
A temporary or permanent habitable living unit added to, created within or detached from a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation, subject and pursuant to the provisions of §
280-9G of the Code.
[Added 5-15-2008 by L.L. No. 4-2008]
FAMILY
One or more persons living together as a single housekeeping
unit in the manner of persons related by blood, marriage or adoption.
FLOODPLAIN
An area of land so designated in any flood hazard regulations
of the Town.
FLOOR AREA
The sum of the gross horizontal areas of all floors of a
structure measured from the center line of walls separating two structures.
FUNERAL HOME
An establishment with facilities for preparation of the dead
for burial or cremation, for the viewing of the body and for observances
held for a dead person incidental to burial or cremation.
GARAGE, SERVICE OR REPAIR
A building, premises or portions thereof arranged, intended
or designed to be used for the sale of any type of vehicular motor
fuel and which may also include areas or structures for polishing,
greasing, washing, repairing, or otherwise servicing motor vehicles.
A junkyard or salvage yard is not to be construed as a service or
repair garage.
GARAGE, PRIVATE
A carport or enclosed building generally provided for use
by the inhabitants of a residential building.
GARBAGE
(1)
Discarded materials generated from the activities
of a household, business, institution, or public or quasi-public facility,
consisting of:
(a)
Food wastes, including but not limited to kitchen
and table scraps, decaying or spoiled vegetables, fruit and animal
matter.
(b)
Any other used or discarded waste materials,
such as paper, plastics, metal, rags, food wrappings and containers,
rubber, leather, cloth, waste materials from normal maintenance and
repair activities, pasteboard, crockery, dirt, ashes, wood, glass
and similar material.
(2)
Garbage does not include properly prepared and
stored recyclable materials and collectible yard waste, properly stored
and maintained composting materials, rubble, bulk items, industrial
waste, hazardous materials, automobile or other motor vehicle tires,
or any other material that a private hauler has determined would not
be picked up as part of a regular garbage collection service (See
also "junk.")
GLARE
Intense light that results in distraction, discomfort and/or
a reduction of visual performance and visibility.
GREENHOUSE, PLANT NURSERY
Any building or structure in which light, humidity and temperature
can be controlled for the growing and protection of flowers and other
plants.
GROUP RESIDENCE
A structure designed or used exclusively as a place of residence
or domicile by one or more persons, including required supervisory
personnel, in which the residential quarters are an integral component
of a recognized program of rehabilitation or custodial supervision
or care.
HISTORICAL LANDMARK
A structure or site so designated in any historical preservation
and protection regulations adopted by the Town of Tully.
HOME OCCUPATION OR BUSINESS
A nonresidential activity that is carried on entirely within
a dwelling by one or more members of the family residing in the dwelling
and is clearly secondary to the use of the dwelling as a residence,
and which meets the performance standards set forth in this chapter.
INLAND LAKE
Song Lake, Tully Lake, Tracy Lake, Green Lake and/or Crooked
Lake and any other body of water which may be subject to shoreline
development.
[Added 11-5-2020 by L.L.
No. 4-2020]
JUNK
Any wastepaper, rags, scrap metal and other scrap, tires,
junked vehicles or parts therefrom, reclaimable materials or debris,
whether or not stored or used in conjunction with dismantling, processing,
salvage, storage, bailing, disposal or other use or disposition.
KENNEL
Any premises, including structures, cages and runs, wherein
are harbored more than four domestic animals that are at least four
months old and are not owned by the property owner or lessee, for
boarding, breeding, grooming, training, or selling.
KEYHOLE DEVELOPMENT
The development or use of one or more backlots which includes
access to the shoreline of an inland lake or body of water through
one or more shoreline lots.
[Added 11-5-2020 by L.L.
No. 4-2020]
LIGHT POLLUTION
Any adverse effect of man-made light including, but not limited
to, light trespass and uplighting.
LIGHT TRESPASS
Light falling where it is not wanted or needed, generally
caused by a light on a property that shines or glares onto the property
of others.
LOT
An area contained within lot lines shown on a recorded subdivision
map or similar document or described in a deed recorded prior to the
adoption of any previous zoning or subdivision law.
LOT ALTERATION
Any change in the dimensions or orientation of lot lines
not resulting in or constituting subdivision or resubdivision.
LOT AREA
A lot expressed in terms of square units of measure derived
by viewing the lot as a level surface.
LOT COVERAGE
The percentage of a lot covered by the ground level area
of a building, excluding terraces, decks and porches that are not
enclosed or covered by a roof.
LOT, DEPTH OF
The mean distance from the front lot line to its opposite
rear line measured along the approximate median between two side lines.
LOT LINE, FRONT
A lot line coincidental with the line of a street, sidewalk,
or other public right-of-way. Where such line is described as being
within the boundaries of a public right-of-way, the most interior
boundary of such right-of-way shall be construed to be the front lot
line. Where two public rights-of-way intersect, a lot line coinciding
with the boundary of either right-of-way may be used as the front
lot line for development purposes.
LOT, FLAG
A lot that, at minimum, meets the area requirements of this
chapter and is connected to a public road right-of-way by a strip
of land at least 25 feet wide and containing a private access drive.
LUMINAIRE
The complete lighting unit, including the lamp, the fixture
and other parts.
MEDICAL CENTER
A facility for the treatment of illness, disease and injury,
providing in-patient or out-patient accommodations, including what
are commonly termed clinics, diagnostic centers, neighborhood health
centers and hospitals (unless the treatment facilities are accessory
only), but excluding a group residence.
MINING
A commercial activity, other than salt mining, characterized
by the extraction of surface and subsurface material, including quarrying,
strip mining or extraction or exploration of mineral resources.
MINING, SALT
Commercial extraction of sodium chloride carried out as a
pre-existing, nonconforming use until December 31, 2035.
NONCONFORMING BUILDING
A building existing on the date of adoption of this chapter,
as amended, that does not meet the size, dimension or location requirements
of the zoning district in which it is located.
NONCONFORMING LOT
A lot of record existing on the date of adoption of this
chapter, as amended, that does not meet the minimum area or dimension
requirements of the zoning district in which it is located.
NONCONFORMING USE
Use of a building or land existing at the date of adoption
of this chapter, as amended, that does not conform to the use regulations
of the zoning district in which it is located.
NURSERY SCHOOL
An activity designed to provide daytime care or instruction
for five or more children, generally from two to five years of age,
which is open on a regular basis.
OCCUPANCY SEASONAL
Occupancy or use of a structure, building or area, for only
part of a year, usually for a period that does not exceed six months,
total or cumulative, in any calendar year.
OFF-SITE PARKING FACILITY
A facility designed exclusively for the parking of automobiles
which is accessory to one or more principal uses not situated on the
same lot, which is not otherwise permitted by this chapter and which
does not constitute a commercial parking lot or garage.
OPEN SPACES, PUBLIC
A land use officially designated as a place of public recreation
or open space, including parks, playgrounds, squares, plazas, tot
lots and similar uses.
PARKING COVENANT
An agreement whereby provision for the location of parking
facilities is made available where the land use activity for which
such facilities are to be accessory is not under the same ownership
or control as the parking facilities. The agreement must provide that
the Town of Tully is a beneficial party.
PARKING SPACE
An area for the temporary parking of motor vehicles and which
has at least 10 feet of width, 20 feet of length and seven feet of
clear height, together with adequate provision for maneuvering and
access thereto.
PLANNED DEVELOPMENT
A parcel of at least five acres in area, in one ownership,
designed as a single unit providing a street system and water and
sewer facilities as necessary, and used primarily for residential
purposes but may also be used for special commercial or industrial
development or a combination of residential types and commercial or
industrial development.
PRIVATE CLUB
A structure and related facilities of a recognized membership
organization designed and used exclusively for the social and recreation
activities of its members.
PUBLIC ASSEMBLY
A structure or space, including a park, used to accommodate
the general public as part of regular services or special events,
commercial or otherwise, such as a theater or social center, but excluding
a use involving restricted membership.
PUBLIC RIGHT-OF-WAY
The established boundary lines of a street, sidewalk, alley
or similar thoroughfare defining the corridors for vehicular and pedestrian
traffic and used by the general public.
RELIGIOUS USE
A place of worship, such as a church, temple or synagogue,
registered in the State of New York, together with other structures
and uses that are customarily and clearly incidental to it in the
service of a local parish.
RETIREMENT HOUSING
Self-contained housing development designed for, and marketed
to, older people, and providing minimal services.
ROADSIDE STAND
An accessory structure designed and used exclusively for
the sale of produce and products grown or fabricated on the premises.
SCHOOL
A place of instruction certified by the New York State Board
of Regents which is devoted primarily to academic instruction and
offering a curriculum of study which is in sufficient compliance with
the education laws of the State of New York. This term includes day-care
facilities, nursery schools, kindergarten and similar preschool or
pregrade programs when accessory to the principal school use.
SCREENING DEVICE
A permanent barrier, any portion of which is situated above
grade, composed of any material except natural vegetation, including
walls, fences, screens and similar structures. (See "buffer strip.")
SHORELINE
The line where land and water meet.
[Amended 11-5-2020 by L.L. No. 4-2020]
SHORELINE FRONTAGE
The shoreline frontage of a lot shall be construed to be
that portion of the lot that runs along the shoreline, as measured
at the ordinary high water mark.
[Added 11-5-2020 by L.L.
No. 4-2020]
SHORELINE LOT
Any lot located on the shoreline of an inland lake or body
of water.
[Added 11-5-2020 by L.L.
No. 4-2020]
SHORELINE STRUCTURES
Anything composed of parts, arranged together in some way,
to be built or constructed on the shoreline.
[Added 11-5-2020 by L.L.
No. 4-2020]
SIGN
Any structure, display, device or representation that is
64 square feet in area, or less, and designed or used to advertise
or call public attention to any thing, product, person, business,
activity, event, undertaking or place and visible from any road right-of-way.
The flag or pennant of any nation, state or municipality shall not
be considered a sign.
SIGN, ILLUMINATED
Any sign illuminated by electricity, gas or other artificial
light, including but not limited to reflective or phosphorescent light
originating from within the sign or from outside or behind the body
of the sign.
SITE PLAN
A plan for the proposed development or use of a parcel of
land that is prepared and presented for site plan review pursuant
to applicable provisions of this chapter.
SPECIAL AUTHORIZATION
Review and approval from the Town Board or Planning Board
for specific land use activities as set forth in Schedule I of this
chapter.
SPECIAL CONDITIONS
Conditions and standards applicable to certain uses listed
in Schedule I of this chapter as "SC" which conditions and standards
must be complied with before a permit can be issued by the Zoning
Administrator.
STABLE, COMMERCIAL
A facility in which horses are boarded or trained for a fee
or are kept and made available for hire, sale or other type of remunerative
activity.
STORY
A portion of a building which is between one floor level
and the next higher floor level or the roof. A basement shall be deemed
to be a story when its ceiling is six feet or more above the finished
grade. A cellar shall not be deemed to be a story. An attic shall
not be deemed to be a story if unfinished and without human occupancy.
SWIMMING POOL
Any receptacle for water having a depth at any point of more
than two feet, or a surface area exceeding 250 square feet, that is
intended for recreational purposes, and including all appurtenant
decks, walks and equipment constructed, installed or maintained in
or above the ground outside the principal structure to which the pool
is accessory, or as defined under New York State Law or regulations/codes
promulgated thereunder.
STRUCTURE
Anything constructed, erected or installed, the use of which
requires a temporary or permanent location on, above or below the
surface of land or water.
STRUCTURE, HEIGHT OF
The average vertical distance from the ground outside the
foundation wall to the level of a flat roof, or to the average height
of a pitched, gabled, hip, or gambrel roof, excluding chimneys, bulkheads,
penthouses, and other constructions enclosing equipment or stairs.
UTILITY STRUCTURE
Structures used to provide utility services, and as power substations, transmission towers, pumping stations, underground and overhead installations and related facilities. Utility structures, however, shall not include renewable energy facilities, including without limitation, wind or solar energy facilities such as are or as shall be provided for under separate sections of Chapter
280 [including §
280-11.2 (for wind energy systems)].
[Amended 7-13-2016 by L.L. No. 1-2016]
VARIANCE
Written authority to deviate from any regulations of this
chapter, said authority to be obtained from, or denied by, the Zoning
Board of Appeals in accordance with state law and applicable provisions
of this chapter.
VARIANCE, AREA
Authorization by the Zoning Board of Appeals to use land
in a manner that would not otherwise be allowed because of dimensional
or physical requirements and regulations set forth in Schedule II or other applicable regulations of this chapter.
VARIANCE, USE
Authorization by the Zoning Board of Appeals for the use
of land or a building that is otherwise not allowed or is prohibited
by the provisions of Schedule I or other applicable regulations of
this chapter, and meeting applicable criteria of state law.
YARD, FRONT
Lot area bounded by the road right-of-way, side lot lines
and a line parallel to the road right-of-way a distance equal to the
required front yard. Front yard depth shall be measured between the
road right-of-way and the building line.
YARD, REAR
Lot area bounded by rear and side lot lines and a line parallel
to the rear lot line a distance equal to the required rear line.
YARD, SIDE
Lot area situated between front and rear yard areas, a side
lot line and a line parallel to the side line at a distance equal
to the required side yard.
ZONING CODE
This chapter (as referred to herein). The Zoning Code is
also referred to as the "Zoning Code of the Town of Tully" and "this
chapter."