HomeMy WebLinkAbout1998-Ordinance_Moratorium on Issuance of Building Permits for Business Purposes.pdfTOWN OF ULYSSES
A Local Zoning Ordinance providing for a moratorium for the issuance of
building permits for business purposes for a period of 180 days in designated
businesszones.
Be it enacted by the Town Board of Ulysses as follows:
WHEREAS, the Town is currently finishing its comprehensive plan for the
Town pursuant to Town Law §272-a; and
WHEREAS, the Town upon completion will consider re -zoning the Town
pursuant to said comprehensive plan and Town Law §263; and
WHEREAS, the Comprehensive Plan Committee is considering re -zoning
certain areas currently zoned as business districts under Article IV Section 3 of
the Town Zoning Ordinance to residential; and
WHEREAS, it is in the interest of the Town in order to accomplish its
planning goals to avoid excessive business development in the areas designated
to change from business to residential use prior to full enactment of the
comprehensive plan and re -zoning so as not to defeat the purposes in re -zoning
by having excessive development solely to grandfather the usage prior to
enactment of the new zoning ordinance; and
WHEREAS, the Town expects to have its comprehensive plan and re-
zoning in place within 6 months.
WHEREAS, public notice by publication has been duly given of a public
hearing relative to a moratorium for this purpose and a public hearing held; and
WHEREAS, the Tompkins County Planning Department having issued a
timely review pursuant to § 239-1 and m of the New York General Municipal Law
and found no significant deleterious impact, and stated the Town Board was free
to so act;
NOW THEREFORE, to further the interests in maintaining the status quo
as to actual development pending adoption of a new zoning ordinance the Town
Board hereby enacts a six-month moratorium effective pursuant to law, to bar
the issuance of building permits by the Town in the areas set forth below as to
the business use of properties set forth under Article IV Section 3;
The properties so effected are as follows:
Inset 5
Route 96 and intersection of Perry City Road --Beginning from southwest
intersection of the Perry City Road and Route 96, moving south to and through
the intersection of the Van Darns Corners Road, on south to the northern most
lot line of Lot No. 34-3-13 as shown on the Tax Map. From southeastern
intersection of the Perry City Road and Route 96, south to the most southern lot
line being 300 feet deep of Lot No. 34-2-8, as shown on the Tax Map. At the
northwest intersection of Route 96 and the Perry City Road all of the Lot No. 26-
2-14.1 as shown on the Tax Map. At the northeast intersection of the Perry City
Road and Van Darns Corners Road moving 300 feet along the east property line
of Lot No. 26-2-14.2, thence westerly 450 feet, plus or minus, to center of the
branch of Willow Creek, thence southwesterly 340 feet plus or minus, to the
northeasterly line of the highway line of Route 96.
Inset 6
Krums Corners Road --From the intersection of the Krums Corners Road on
the east side of Route 96 south to the intersection of the Wilkins Road and Route
96. From the south side of the Wilkins Road,. at intersection with Route 96,.
south for 600 feet on the east side of Route 96 being 300 feet deep, on the west
side of Route 96, beginning at the southern lot line of Lot No. 33-4-3.3, as
shown on the Tax Map, south for 600 feet, being 300 feet deep.
All Tax Map references are to the year when the zoning description above
was first enacted;
And it is hereby prohibited for a period of 180 days from the date of
enactment of this local ordinance to have any town official accept for filing any
application for a building permit for a business district use within said areas
designated and the Town Board of Zoning Appeals and Town Planning Board
shall not grant any approvals, preliminary or final, for any site plan or subdivision
relating thereto or special approval or special permit, variance or other
permission for same.
The Building Code and Zoning Enforcement Officer shall not issue any
building or other permit for any construction or use related to same that would
result in a business use in the areas designated.
The Town may enforce this moratorium by any lawful means under New
York Law including the Town Law and existing Town Zoning Ordinance.
The local ordinance shall take effect upon adoption and publication of a
summary here of as provided by law.
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS ADOPTED AT
A SPECIAL BOARD MEETING HELD AFTER THE PUBLIC HEARING ON
JUNE 2, 1998 BY THE TOWN BOARD OF THE TOWN OF ULYSSES.
WITNESS MY HAND AND SEAL OF SAID TOWN THIS THIRD DAY OF JUNE
NINETEEN HUNDRED AND NINETY-EIGHT .
MARSHA L. GEORGIA
ULYSSES TOWN CLERK