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HomeMy WebLinkAbout1960 Zoning Ordinance Trailer Park OrdinanceZoning Ordinance and Trailer Park Ordinance Town of Ulysses, New York For the purpose of promoting the he- alth, safety, morals, or thegeneralwel- fare of the community, and to lessen congestion in the streets, to secure sa- fety from fire, panic and other dangers, to provide adequate light and air, to pre- vent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, sch- ools, parks and other public require- ments, under and pursuant to Article 16 Chapter 62 of the Consolidated Laws, the size of buildings and other struc- tures, the percentage of lot that maybe occupied, the size of yards, the density of population, and the use of buildings, structures and land for trade, industry, residence or other purposes are hereby restricted and regulated as hereinafter provided. ARTICLE SECTION I. DEFINITIONS. For the purpose of this ordinance certain words and terms shall have the following meaning unless the context otherwise requires: 1. Words used in the present tense include the future; the singularnumber includes the plural, and the plural the singular; the word "building" includes the word "structure," the word "occu- pied" includes the words "designed or intended to be occupied"; the word "used" includes the words "arranged, designed or intended to be used." 2. A "lot" is a parcel of land occu- pied by one building and the accessory buildings for uses customarily incident to it, including such open spaces as are used in connection with such building. 3. A "lot line" is a boundary line of a lot. 4. A "family" is any number of per- sons of recognized family relationship maintaining a common household. 5. A "dwelling" is a building used wholly for habitation by one or more families. 6. A "single family dwelling" is a detached dwelling having accommoda- tions for only one family. 7. A "rooming house" is a building other than a hotel or motel where per- sons are lodged for hire or where rooms are offered for hire. 8. A "tourist house" is the same as a rooming house. 9. A "motel" is a building or build- ings providing overnite accommoda- tions for motorists. The word"motel" includes "motor court," "tourist cou- rt", "tourist cabins," <'motor lodge" and similar descriptive titles. 10. A "hospital" is an establishment for temporary occupation by the sick or injured for the purpose of medical treatment and does not include an es- tablishment for permanent occupation by the poor, infirm, incurable or in- sane. 11. A "nursing home," or 0/conva- lescent home" is a building other than a hospital where persons, except in- sane, drug or alcoholic patients, are lodged, furnished with meals and nur- sing care for hire. 12. A"front yard" is a yardbetween the street right-of-way and the front line of a building extended to the side lines of the lot. 13. A "rear yard" is a yard between the rear lot line and the rear line of the principal building extended to the side lines of the lot. 14. A "side yard" is a yard between the principal building and aside lot line and extending through from the front yard to the rear yard. 15. An "accessory building" is a bu- ilding subordinate and clearly in- cidental to the principal building on the same lot, and used for purposes customarily incidental to those of the principal building. 16. A"non-conforming use" is a building, structure or use of land ex- isting at the time of enactment of this ordinance which does not conform to the zoning regulations of the district in which it is situated. 17. A "farm" is a plot of land that ex- ceeds ten (10) acres and is usedfor one or more of the following purposes: a. Tillage of land to produce food to be consumed directly or indirectly by humans or domestic animals or fowl. b. Grazing of land and its c rops to feed domestic animals or fowl. c. Rearing of poultry in confinement for meat or eggs. ARTICLE II ESTABLISHMENT OF DISTRICTS Section 2. DISTRICT. For the pur— pose of this ordinance the Town of Uly- sses is hereby divided into three (3) types of districts as follows: Business Districts Residence Districts Planned Development Districts Said districts are set forth on the map accompanying this ordinance entitled Zoning Map, dated 3/20/60 and signed by the Town Clerk. Said map and all explanatory matter thereon is hereby made a part of this ordinance. "The map referred to in this section as the Zoning Map dated March 20,1960, shall be amended to show Business Dis- tricts with a total depth of 300feet from the right of way line and, further, to show a new Business District in the Town of Ulysses briefly bounded and described as follows: "All that Tract Or Parcel of Land si- tuate in the Town of Ulysses, County of Tompkins, State of New York, bounded and described as follows; Commencing at the intersection of the northeast right of way line of Route 96 and the west bo- undary line of Duddleston Road; thence northwesterly along the northeast right of way line of Route 96 to the east line of property owned by John Duddleston; thence northerly along the east proper- ty line of premises owned by Duddles- ton to a point 300 feet from the northeast right of way line of Route 96, measured on a line perpendicular to said right of way line; thence southeasterly anda- long a line parallel to the northeast ri- ght of way line of Route 96, a distance of approximately 1600 feet more or less to the west right of way line of Duddle- ston Road; thence southwesterly along the west right of way line of Duddles- ton Road to the point or place of be- ginning". Section 3. DISTRICT BOUNDARIES. Where uncertainty exists with respect to the boundaries of the various dis- tricts as shown on the Zoning Map, the following rules shall apply: 1. The district boundaries are lot lines unless otherwise shown andwhere the designation on the Zoning Map in- dicates a boundary approximately upon a lot line, such lot line shall be con- strued to be the boundary. 2. Distances shown on the Zoning Map are perpendicular or radial distances from street lines measured back to the zone boundary line, which lines in all cases where distances are given are parallel to the street line. 3. In other cases the boundary line shall be determined by use of the scale of the Zoning Map. ARTICLE III local businesses or services or lo- manufacture or processing of goods on tally produced products for sale. Any the premises is clearly incidental to a USE REGULATIONS. sign authorized by this paragraphshall retail business conducted on the prem- SECTION 4. RESIDENCE DISTRICTS.be maintained in a safe and neat condit- ises: In any Residence District, no building ion. Baker shall be erected, altered, or extended - 14. Such accessory uses as are cus- Barber and no land or building or part thereof tomarily incidental to the above uses, Cleaner shall be used for other than any of the subject to the provisions of Section 5. Confectioner following purposes. Decorator 1. Dwelling. SECTION 5. ACCESSORY USES IN RES- Dre ;smaker 2. Church or other place of worship, JDENCE DISTRICTS. Permittedacces- Florist convent, parish house, Sunday School sory uses in Residence Districts shall Hairdresser building. include the following: Milliner 3. Public Library or public museum, 1. The office of a resident doctor, Optician public school, parochial school,nursery dentist, musician, engineer, teacher, Photographer school, school operated by a non=stock lawyer, artist, architect, real estate Printer corporation under the education laws broker, or person engaged in similar Shoemaker or repairer of the State, any institution of higher occupations, where such office is apart Undertaker learning including dormitory accomo- of the residence building. One signnot 10. Sign or advertising device, refer- dations, exceeding two (2) square feet and af- ing to the use of the premises or local- 4. Public park not conducted for pro- fixed to the wall of the principal build- ly produced products for sale, such sign fit, public playground, field houses or ing is permitted. or advertising device shall not exceed other accessory building, including 2. Customary home occupations, such one hundred (100) square feet in area. necessary and desirable concessions, as dressmaking, hairdressing, launder - are permitted, provided that no such ing, or homecooking, conducted by one SECTION 7. OFF-STREET PARKING. building shall be nearer than one hun- person only, resident in the dwelling, For all nonresidential uses in Business dred (100) feet to any lot line. provided that no goods or products are Districts there shall be providedonthe 5. Fire station or other public build- publicly displayed or offered for sale lot space for the parking of at least one ink necessary to the protection of or and no advertisement other than one motor vehicle for each two hundred the servicing of a neighborhood. sign not exceeding two (2) square feet (200) feet of floor area devoted to non- 6. Golf course, except a miniature is displayed. residential use. golf course operated on a commerical 3. Private garage or parking space, basis, provided that no building shall provided, however, that not more than SECTION 8. OUTDOOR STORAGE. be nearer than one hundred (100) feet one (1) commercial vehicle shall be par- There shall be no outdoor storage of to any lot line ked outside of a covered garage on any rubbish or refuse in connection with 7. Garden or nursery. lot in a residence district. any of the uses permitted by Section 6. 8. Hospital or sanitarium for the 4. A temporary building for com- No rubbish or refuse shall be dumped treatment of human beings, other than coerce or industry in a Residence Dis- on any public property exceptinaplace the insane, drug or alcoholic patients, trict where such building is necessary designated by the Town Board for that provided that no building so used shall or incidental to the development of a purpose. be within (100) feet of any street right residential area. Such building may not of way or within one hundred fifty (150) be continued for more than one year SECTION 9. PLANNED DEVELOP - feet of the lot line of any adjoining own- except upon special approval of the MENT DISTRICTS. In planned Develop- er. Board of Appeals. ment Districts, land and buildings may 9. Nursing or convalescent home, SECTION 6. BUSINESS DISTRICTS. be used for any lawful purpose as au - thorized by the Town Board in accor- but only on special approval of the In Business Districts no building shall dance with the following procedure. Board of Appeals. be erected, altered or extended and no 1. Planned Development Districts 10. Rooming house or tourist house. land, or building or part thereof, shall shall comprise at least three(3)acres. 11. Cemetery and the buildings and be used for other than one or more of 2• Application for establishment of a structures incident thereto, but only the following uses: Planned Development District shall be on special approval of the Board of I. Any use permitted by Section 4. made to the Town Board. The Town Appeals. 12. Any public utility purpose, but 2. Retail Store. 3• Business or professional office. Board shall refer the application to the only on special approval of the Board 4. Restaurant or other place for ser- Town Planning Board for consideration. 3. The Planning Board may require of Appeals. 13. No sign or advertising devise ving offoud and beverages. 5. Bank or other monetary institution. the applicant to furnish such prelimin- allowed except the following: one bul- 6. Theatre, including drive-in the- ary plans, drawings and specifications as may be required for an understand - letin board or sign not exceeding atre, bowling alleys or other place of ing of the proposed development. In eighteen (18) square feet in area re- amusement. reaching its decision on the proposed ferring to the use of the premises. 7. Gasoline, sales station, garage for development, the Planning Board shall One sign advertising the sale, hire, repairs, automobile sales building or consider, among other things, the need or lease only of the land or buildings on which it is located, provided that lot. 8. Tourist cabins, motel, hotel. for the proposed use 1n the proposed such bulletin board or sign shall not 9. Place of business of the following g location, the existing character of the neighborhood hborhood in which the use wouldbe exceed twelve (12) square feet in and businesses of a similar and no more located and the safe -guards provided to area. Directional signs indicating objectional nature, provided that any minimize possible detrimental effects of the proposed use on adjacent prop- erty. C. The Planning Board shall approve, approve with modification, or disap- prove such application and shall report its decision to the Town Board. 5. The Town Board shall hold a pub- lic hearing on the proposal, withpublic notice as provided by law in the case of an amendment to the zoning ordinance. 6. The Town Board may then amend the zoning ordinances so as to define the boundaries of the Planned Develop- ment District, but such action shall have effect only of granting permission for development of the specific pro- posed use in accordance with the spec- ifications, plans and elevations filed with the Town Board. in the event the Planning Board has disapproved such proposal, or approved with modifi- cations which the applicant is not will- ing to make, an affirmative vote of at least four (4) members of the Town Board shall be required to establish such Planned Development District. SECTION 9-a PLANNED DEVELOPMENT DISTRICT NO. 1 (1) This district shall be known as Plan- ned Development District No. 1 (2) The purposes for which the district may be used are as follows; (a) Seasonal Campsites.Seasonal shall be construed to mean from April 1st to October 31st of each year. (b) Living accommodations for camp- ers shall be either tents or travel trailers. Travel trailers are de- fined as; a vehicular portable str- ucture built on a chassis designed to be used as a temporary dwell- ing for travel, recreational and vacation uses; permanently iden- tified travel trailer by the manu- facturer on the trailer; and when factory equipped for the road, ha- ving a body not exceeding 8 feet and being of any length, provided its gross weight does not exceed 4500 lbs. or being of any weight, prov- ided the body length does not ex- ceed 29 feet. By way of explanation this travel trailer is in contrast to the larger mobile home, a trav- el trailer being a smaller unit used for temporary recreational pur- poses, pulled by the family car generally; mobile home being a much larger unit which is not fre- quently moved and when moved, it is usually pulled by a truck. (3) Area of the district. The area of said district shall be approximately 12 acres fronting on Kraft Road in said Town, bo- unded and described as follows; COMMENCING at apoint in the south- erly line of Kraft Road, located 250 feet west of the northeast corner of prem- ises owned by Charles Lueder and wife; thence southerly along the line parallel with the east property line of Lueder 800 feet; thence easterly 250 feet to a point in the easterly line of Lueder; thence southerly along the east line of Lueder 400 feet to a point100feetsouth of the center line of Willow Creek; thence in a generally sout'hwesterlydi- rection along a line parallel to and 100 feet from the center line of Willow Cre- ek as it twists and turns to the south line of Lueder; thence west along the south line of Lueder 350 feet toapoint; thence northerly 875 feet to a point; th- ence easterly along a hedge row and fence line 250 feet more or less to a po- int; thence northeasterly 474 feet to an old hedge row; thence northerly 503 feet to a point; thence westerly 150 feet; the- nce northerly 300 feet to the south line of Kraft Road; thence east along the sou- th line of Kraft Road 450 feet to the point or place of beginning. Reference is made to a map showing said premises incorporated as apart of this amendment to the Ulysses Zoning Ordninance and made a part hereof. (4) SPECIFICATIONS FOR CAMPSITES, (a) There shall not be more than (40) 1 campsites in said district. (b) No site shall be closer than50feet to any other campsite. (c) No site shall be closer than 400 feet to the public highway. (d) No vehicle shall be parkedcloser than 400 feet to the public highway for more than a two hour period. (e) No site shall be closer than 100 feet to the south and east lines of Lueder. (f) No site shall be further than 300 feet from toilet facilities. (g) The gate house shall be at least 200 feet back from Kraft Road. (h) All roads within the district shall be at least 12 feet in width; properly identified and marked with necessary warning signs; at no point shall a road be closer than 100 feet to Willow Creek. (i) Each campsite shall have a desig- nated area for campfire and be loca- ted, cleared and protected, inaccor- dance with recommendations of the Trumansburg Fire Chief. (j) Fences or tightly grouped shrubs shall define the south and east lines of the district so as to effectively prevent travel of campers upon ad- jacent property. (5) SEWAGE AND GARBAGE DISPOSAL (a) Sewage and garbage disposal shall meet all requirements of the Tomp- kins County Health Department. (b)Rodent tight refuse containers sh- all be provided so that there shall be a minimum of one container for every four campsites. (c)There shall be absolutely no dump- ing of any type of refuse whatsoever in Willow Creek. (d) Garbage shall be picked up at least twice per week during the months of June, July and August and at least once per week during the remainder of the season. (6) WATER FACILITIES. (a) Drinking water shall be provided and conform to the Tompkins County Health Department's standards. (b) There shall be no bathing in Wil- low Creek. (7) MAINTENANCE (a) The entire district shall be kept free and clear of all litter and main- tained in a neat and orderly manner. (8) SIGNS (a) One sign or bulletin board not exceeding 18 square feet in area is authorized referring to the use of the premises. Said sign shall not be self - illuminating and the bottom of said sign shall not be more than 5 feet from the ground. (9) COMMERCIAL SALES. (a) There shall be no commercial sales whatsoever in this district except sales of firewood, charcoal or other fuel to be used only for camp purposes, and an inventory of miscellaneous items and sundries, not exceeding $50.00 in value, strictly for the accommodation of campers using the camp. ARTICLE IV LOT AREA AND YARD REGULATIONS SECTION. 10. LOT AREA AND FRONTAGE. Except as provided else- where in the Article, no building or structure shall be erected on a lot of less area and frontage than listed below; Residence Districts Lot Area 20,000 square feet per family or 20,000 square feet for non- residential uses 20,000 for the first family plus 10,000 square feetfor the second family in the same st- ructure and 5,000 square feet for each family in excess of two in the same structure; 20,000 square feet for non- residential uses. Frontage 100 feet. Business Districts Lot Area 10,000 square feetfor the first family plus 5,000 square feet for each additional family in the same structure; 5,000 square feet for nonresiden- tial use. Frontage 50 feet. SECTION ILYARDS. Exceptaspro- vided elsewhere in this article, there shall be provided in connectionwith all buildings and structures, yards noless in size than listed below: Residence Districts Front Yard 50 feet Side Yard 15 feet each Rear Yard 35 feet Business Districts Front Yard 50 feet Side Yard 25 feet each Rear Yard 25 feet SECTION 12. EXISTING LOTS. Other provisions of this ordinance not with- standing, nothing shall prohibit the use of a lot of less than the required area for a single family dwelling in any dis- trict provided that all the other provi- sions of this ordinance are complied with, when such lot, at the time of the passage of this ordinance, was owned or leased by persons other than those owning or leasing any adjoining lot. SECTION 13. FRONT YARDEXCEP- TIONS. Other provisions of this ordin- ance notwithstanding, no building in any district need have a front yard greater in depth than the average depth of the front yards of the lots next thereto on either side,a vacant lot, an adjacent st- reet, or lot with a front yard greater than the minimum required depth be- ing counted as if it were the minimum front yard for the district in which it is located, but in no case shall the fr- ont yard in any district be less than twenty (20) feet in depth. SECTION 14. SIDE YARD ON COR- NER LOT. On a corner lot in any dis- trict, the side yard on the street side shall be at least one-half the required front yard on the side street. SECTION IS. OPEN PORCHES. In determining the size of yards for the purpose of this ordinance, porches, or carports, open at the sides, but roofed shall be considered a part of the buil- ding. SECTION 16. FENCES AND WALLS. The provisions of this ordinance shall not apply to fences or walls not over six (6) feet high above the natural grade, ex- cept as limited by Section 17, nor to ter- races, steps, unroofed porches, or other similar features notoverthree (3) feet high above the level of the floor of the ground story. SECTION 17. CORNER VISABILITY. In any district no structure, fence or planting over three (3) feet in height, measured from the center of the adja- cent travelled way, shall be maintained on any corner lot within a triangular area formed by the lot lines along the streets to the points on such lines a distance of thirty (30) feet from their intersection, and a line connecting such points. Any fence or planting that does not conform to the requirements of this Section shall be made to conformwith- in one year from the date that this or- dinance becomes effective. SECTION 18. PROJECTIONS IN YARDS. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of sills, belt cou- rses, pilasters, leaders, chimneys, cornices, eaves and ornamental fea- tures provided that no such projection may extend more than two (2) feet into any required yard. Bays, including their cornices and eaves, may extend not more than two (2) feet into any required yard provided that the sum of such projections on any wall, shall not exceed one-third the length of such wall. An open fire balcony or fire escape may extend not more that four (4) feet into any required yard. SECTION 19. REDUCTION OF LOT AREA. Whenever a lot upon which stands a building is changed in size or shape so that the area and yard require- ments of this ordinance are no longer complied with, such building shall not thereafter be used until it is altered, reconstructed or relocated so as to comply with those requirements. The provisions of this Section shall not ap-, ply when a portion of a lot is acquired for a public purpose. SECTION 20. MORE THAN ONE BUILDING ON A LOT. When there is more than one principal building on a lot in any district the space between such buildings must be at least equal to the sum of the side yards required by such buildings or the suns of the rear and the front yards as the case may be. SECTION 21.ACCESSORY BUILDING Accessory buildings may not occupy any required open space other than a rear yard except as noted below, and any such accessory building may occu- py not more than forty (40) per cent of any required rear yard and shall be not less than three (3) feet from any side or rear lot line, except that a private garage,may be built across a common lot line with a party wall by mutual agreement between adjoin- ing property owners. An accessory building on a corner lot shall not be less than five (5) feet from the rear lot line. Accessory buildings shall in no case exceed twenty (20) feet in height. Where the natural shape of the ground exceeds a twenty (20) per cent rise or fall directly from the street line, a private garage, not over one story in height, may be located in the front yard not less than five (5) feet from said street line. On a cor- ner lot no accessory building may be nearer the side street than the' requir- ed front yard depth on the side street. SECTION 22. FARMS EXEMPTED FROM REGULATIONS. A farm, as de- fined in Section 1 wherever located and without regard for the district inwhich it is located as shown on the Zoning Map shall be exempt from the requirements of this ordinance as long as it is used as a farm, as defined. This exemption shall apply to any building on a farm except those used for residence pur- poses. When a farm or any part there- of is used for any other purpose, the part used for such other purpose shall be subject to all the regulations here- in for the district in which it is located. ARTICLE V GENERAL PROVISIONS. SECTION 23. BUILDING FLOOR AREA. No dwelling in any districtshall be erected or altered so as to provide for less than seven hundred and fifty (750) square feet of enclosed livable floor area, exclusive of garage or car- port. For the purpose of this ordinance a mobile house trailer, whether on wheels or otherwise supported, shall not be considered a dwelling or any part of a dwelling. Mobile homes are permitted only in trailer parks duly licensed by the Town Board. Summer houses, Cottages and Camps containing less than 750 square feet may be constructed only on special ap- proval of the Board of Appeals. SECTION 24. EXTRACTION OF NA- TURAL PRODUCTS. The removal of sods, loam, sand, gravel, or quarried stone for sale, except when incidental to, or in connection with the construc- tion of a building shall be permitted only on special approval of the Board of Appeals. SECTION 25. PUBLIC GARAGES AND GASOLINE SALES STATION. 1. No part of any public garage shall be used for residence or sleeping pur- poses except by a watchman. 2. No part of any building used as a public garage or gasoline service sta- tion and no filling pump, lift or other service appliance shall be erectedwith in one hundred (100) feet of any Res- idence District. 3. No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance installed in connec- tion with any gasoline sales station or public garage shall be within thirty (30) feet of any street right-of-way. SECTION 26. LOCATION OF CER- TAIN ACTIVITIES. Other provisions of this ordinance notwithstanding, the following uses or activities shall not be permitted nearer to any Residence District than the following specified distances. I. Garage or shop for the painting of automobiles or for the repairing of automobile bodies or fenders involv- ing hammering or other work causing loud or unusual noise or fumes or odors two hundred (200) feet. 2. Animal hospital, kennel, or place for the boarding of animals - two hun- dred (200)feet. 3. Theater, including drive-in thea- ter, dance hall, bowling alley, skating rink - two hundred (200) feet SECTION 27, APPROVAL OF COUNTY HEALTH DEPARTMENT. No permit for any structure shall be grant- ed until the Tompkins County Health De- partment has approved the proposed methods of water supply and sewage or other waste disposal. SECTION 28. ABANDONED CELLAR HOLES AND BUILDINGS. Within one year after work on any excavation for a building has begun, any such excava- tion shall be covered over or refilled by the owner to the normal grade. Any building substantially destroyed by any cause shall be rebuilt or demolished within one year. Any excavation or cellar hole remaining after the dem- olition or destruction of a building from any cause shall be covered over or filled by the owner within one year. SECTION 29. PARKING IN FRONT YARD. There shall be no parking of motor vehicles in any required front yard except in an established driveway. SECTION 29-a. LANDSCAPING IN BUSINESS DISTRICTS. It is the intent and desire of the Town Board of the Town of Ulysses that commercial es- tablishments in Business Districts shall be landscaped in such manner as to be attractive to the general pub- lic. ARTICLE VI NONCONFORMING USES. SECTION 30. CONTINUATION OF EXISTING USES. Except as provided in Section 17 and elsewhere in this Article, any use of land, or a build- ing or part thereof, existing at the time that this ordinance becomes ef- fective, may be continued, although such building or use does not conform to the provisions thereof. SECTION 31. ABANDONMENT OF USE. When a nonconforming use has been discontinued for a period of at least one year, it shall not thereafter be reestablished, irrespective of the reasons for such discontinuance or the intent of the owner of the premises or any other person, and the future uses shall be in conformity with the pro- visions of this ordinance. SECTION 32. JUNK YARDS, BILL- BOARDS AND AUTOMOBILE SALES LOTS. Notwithstanding any other provisions of this ordinance, any auto- mobile or other junk yard, any auto- mobile sales lot, or any billboard or nonconforming sign or advertising de- vice in existance in a Residence Dis- trict at the time of the adoption of this ordinance shall be discontinued within two (2) years of such date. Any lot containing one or more abandoned, or partially dismantled, or non -operative motor vehicles, shall be considered a junk yard, for the purposes of this sec- tion etc. However, the Board of Appeals may grant special approval for the continuation of such uses subject to the limitations of Section 40. SECTION 33. ALTERATIONS. No nonconforming building shall be alter- ed or extended except as authorized by the Board of Appeals. SECTION 34. CHANGES. A non- conforming use may be changed to another nonconforming use of the same or more restrictive classifi- cation, and when so changed to a more restrictive use, it shall not again be ch- anged to a less restrictive use. The or- der in which the various districts are named in Section 2 shall be taken as the order of the classification of restric- tiveness from the most restrictive to the least restrictive. SECTION 35. RESTORATION. No- thing herein shall prevent the substan- tial restoration to its former condition or better, within six (6) months and its continued use of a nonconforming build- ing damaged less than eighty five (85) percent of the market value of such building immediately prior to such damage, by fire, flood, earthquake, act of God, or act of the public enemy. ARTICLE VII ADMINISTRATION SECTION 36. ENFORCEMENT. This ordinance shall be enforced by the Zon- ing Officer who shall be appointed by the Town Board, and who shall in no case, except under a written order of the Board of Appeals grant any building permit or certificate of occupancy for any building or premises where the proposed construction, alteration or use thereof would be in violation of any provision of this ordinance. Every application for a buildingper- mit shall state the intended use of the building and shall be accompanied by a plot plan drawn to scale and with all dimensions shown indicating the size and shape of the lot and buildings. Unless there has been substantial progress in the work for which a build- ing permit was issued, said building permit shall expire one year from the date of issue. SECTION 37. CERTIFICATE OF OCCUPANCY. It shall be unlawful to use or permit the use of any building or part thereof hereafter erected, ch- anged, altered or extended, in whole or in part, until a certificate of occupancy shall have been applied for and issued by the Zoning Officer. Before issuing a certificate of occupancy, the Zoning Officer shall determine that the build- ing conforms in all respects to the requirements of this ordinance. SECTION 38. FEES. Each applica- tion for a building permit shall be ac- companied by a fee of $2.5o . SECTION 39. BOARDOF APPEALS. There is hereby established a Board of Appeals which shall function in the manner prescribed by law. The members of the Board of Appeals shall be residents of the Town of Ulysses and shall be appointed by the Town Board to serve for terms as pre- scribed by law. Vacancies occuringin said Board by expiration of term or otherwise shall be filled in the same manner. The Board of Appeals shall choose its own chairman and vice-chairman, who shall preside in the absence of the chair- man. In the absence of both the chair- man and vice-chairman, the Board of Appeals shall choose one of its number as acting chairman. Such chairman, or the party acting in his stead during his absence, may administer oaths and compel the attendance of witnesses. The Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records. The Board of Appeals shall adopt from time to time such rules and reg- ulations as it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance there- with. The Board of Appeals shall, in ac- cordance with the provisions herein- after contained in this Section, hear and determine appeals from any refusal of a building permit or certificate of occu- pancy by the Zoning Officer, or review any order or decision of said Zoning Officer, where such order or decision is based upon the requirements of this ordinance. Where there are practical difficul- ties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the appli- cation of any of the regulations orpro- visions of this ordinance so that the spirit of the ordinance shall be ob- served and public safety and welfare secured and substantial justice done. In reaching a determination of prac- tical dif;iculties or unnecessary hard- ship, the Board of Appeals must find that all three of the following conditions are present before granting a variance to the use regulations of this ordinance. 1. The land in question cannot yield a reasonable return if used only for a purpose permitted in the district in which it is located. 2. The plight of the owner is due to unique circumstances and not to gen- eral conditions in the vicinity of the property. 3. The variance requested will not alter the essential character of the neighborhood. The applicant shall bear the cost of advertising as required in connection with public hearings. SECTION 40. VIOLATIONS AND PENALTIES. Any person, firm, cor- poration or other violating any provi- sion of this ordinance shall be deemed guilty of an offense and upon conviction thereof shall be subject to a fine of not exceeding fifty (50) dollars, or to im- prisonment for not exceeding fifty (50) days, or to both such fine and imprison- ment, for each and every violation and for each week and every week that such violation continues. In addition to other penalties, the Town of Ulysses may institute any ap- propriate action or proceeding to pre- vent the unlawful erection, construc- tion, alteration, or use of any building or land in violation of the requirements of this ordinance. The Board of Appeals may also, where authorized by this ordinance, grant special approval for certain uses. In granting special approval, the Board of Appeals shall determine that a need for the use in question exists, and that the proposed use will contribute to the convenience and prosperity of the community and that neighboring persons and property will not be adversely affected. SECTION 41. AMENDMENTS. This ordinance may be amended as provided by law. Any proposed amendment shall be submitted to the Town Planning Board for a report before being acted upon by the Town Board. SECTION 42. VALIDITY. The inval- idity of any section or provision of this ordinance shall not invalidate any other section or provision thereof. SECTION 43. WHEN EFFECTIVE. This ordinance shall be in force and effect immediately upon adoption and publication as provided by law. Trailer Park Ordinance Town of Ulysses, New York For the purpose of promoting the health, safety, morals or general wel- fare of the inhabitants of the Town of Ulysses, the use of house trailers and the design and occupancy of trailer camps within the Town of Ulysses are hereby regulated. SECTION 1. DEFINITIONS. (a) A "House Trailer" is any veh- icle or combination thereof, used, de- signed for use, or capable of being used as sleeping or living quarters, whether propelled by its own power or by the power of another vehicle to which it may be attached. Any addition to such house trailer shall be deemed to be part of such house trailer. (b) A "Trailer Park" is any lot, piece or parcel of ground used or intended for the purpose of supplying accomodations for two or more house trailers. "Tra- iler Park" shall not include sales lots on which unoccupied trailers are parked for purposes of inspection and sale. (c) A "House Trailer Space" is the lot or space in any trailer park which is occupied or designed to be occupied by any one house trailer. SECTION 2. LICENSE REQUIRED FOR TRAILER PARKS. It shall be unlawful for any person to establish, operate or maintain, orper- mit to be established, operated or maintained upon any property owned or controlled by him, a trailer park with- out having first secured a license therefor. The validity of such license shall expire as provided in Section 5 but may be renewed under the provisions of the ordinance for additional periods of one year. SECTION 3. LICENSE FEE shall be filed with the Town Clerk who The annual license fee for each trail- shall notify the applicant in writing of er park shall be $2.00 for each trailer the action taken thereon. If the appli- facility with a minimum of $20.00. cation is approved by the Town Board, These fees shall be prorated on amon- the Town Clerk shall issue a license to thly basis for less than a full year. become effective from the date of is- suance and continuing in effect through SECTION 4. APPLICATION FOR LICENSE. Applications for a trailer park li- cense shall be made to the Town Clerk. Applications shall be in writing signed by the applicant and shall contain the following: (a) The name and address of the ap- plicant and the name and address of the owner if someone other than the applicant. (b) The location and legal description of the area proposed for the trailer park. (c) A plan of the trailer park drawn to scale and indicating location and di- mensions of house trailer spaces, buildings, roads and other facilities. (d) Such further information as may be required to determine compliance with this ordinance. SECTION 5. ISSUANCE OF LICENSE. Each application for such license shall be referred by the Town Clerk to the officer appointed by the Town Board to enforce this ordinance. The enforce- ment officer shall, after investigation, transmit the application to the Town Board, together with his written recom- mendations. The Town Board shall then hold a public hearing on the application. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a paper of general circula- tion in the Town. All such applications shall be approved or rejected by the Town Board, after which the application the thirty first day of the next Dec- ember. No license shall be transfer- able or assignable. SECTION 6. RENEWAL OF LICENSE. Application for the renewal of any tr- ailer park license shall be filed with the Town Clerk on or before the first day of December. The application shall be the same as required in Section 5, except that no plan of the trailer park is re- quired. SECTION 7. MODIFICATION OF LI- CENSED TRAILER PARK. No trailer park may be enlarged or modified in plan until a license has been obtained in the manner prescribed herein. SECTION 8. REVOCATION OF LI- CENSE. If the enforcement officer, a peace officer or health officer finds that any trailer park is not being maintained in a clean and sanitary condition or is not being conducted in accordance with the Provisions of this ordinance, such facts shall be reported to the Town Board in writing, and the said Town Board may direct the Town Clerk to serve an order, in writing, upon the holder of the license or the person in charge of said trailer park directing that the condition or con- ditions therein specified be remedied within five days after day of service of such order. If such conditions are not corrected after the expiration of said five days, the Town Board may cause a notice to be served in writing upon the holder of said license or the person in charge of said trailer park, requiring the holder of the license to appear be- fore, the Town Board at a time to be specified in such notice and show cause why such trailer camp license should not be revoked. The Town Board may, after a hearing at which testimony of witnesses may be taken, and the holder of the license shall be heard, revoke such license if said Town Board shall find that said trailer park is not being maintained in a clean and sanitary con- dition, or if they find that any provision of this ordinance has been violated. Up on the revocation of such license, the premises shall forthwith cease to be used for the purpose of a trailer park, and all house trailers shall be removed therefrom. At any such hearing the hol- der of the license may be represented by counsel. SECTION 9. LOCATION OF TRA- ILER PARKS. Trailer parks may be located in any district where such use is permitted by the Zoning Ordinance of the Town of Ulysses. SECTION 10. DESIGN OF TRAILER PARKS. The trailer park shall conform to the following requirements; (a) The trailer park site shall be pro- perly graded to insure rapid drainage and freedom from stagnant pools of water. (b) Each trailer park shall be sub- divided and marked off into house trailer spaces, which shall be at least fifty (50) feet by one hundred (100) feet in dimensions. (c) House trailers shall be so harbor- ed on each house trailer space so that there shall be a distance of at least (30) feet between house trailers or between a house trailer and any building. (d) Each house trailer space shall abut a driveway from public street or highway. Such driveway shall be suit- ably graded and surfaced and shall not be less than thirty-six (36) feet wide for two-way traffic nor less than twen- ty six (26) feet wide for one-way traf- fic. (e) Walkways not less than three (3) feet wide shall be provided from all house trailer spaces to service build- ings. (f) No house trailer shall be located nearer than fifty (50) feet to the right of -way of any public street or highway, nor nearer than thirty-five (35)feet to any other property line, nor nearer than twenty (20) feet to any trailer park drive. (g) Mechanical laundry drying equip- ment or laundry drying yards shall be provided. Laundry drying machines shall be located in a service building. Laundry drying yards shall be located convenient to service buildings and shall have an area of fifty (50) square feet for each house trailer space. (h) All driveways shall be adequate- ly lighted. (1) Planting and landscaping, adequate for the protection of property values in the vicinity and in the Town generally, shall be provided and maintained. (j) A suitable area or areas for re- creation purposes shall be provided in each trailer park. At least one hundred (100) square feet of land for each house trailer space shall be made available for such purposes in one or more areas. SECTION 11. WATER SUPPLY AND SANITARY FACILITIES. Provisions for water supply and sew- age disposal shall conform to the stand- ards and requirements of the Tompkins County Health Department. Each trailer park shall provide and maintain the following facilities: (a) Each house trailer space shall be provided with a proper water connec- tion. An adequate supply of hot water shall be provided at all times in the ser- vice buildings for bathing, washing, cleansing and laundry facilities. (b) A service building or buildings shall be provided to house toilets, showers, and laundry facilites. (c) Separate toilet rooms shall be provided for each sex, in which shall be installed water closets in separate compartments. There shall be atleast one (1) water closet for the use of fe- males for every ten (10) house trailer spaces or less, and one (1) water clo- set for the use of males for every fif- teen (15) house trailer spaces, or less. Urinals may, be substituted for one- third of the required water closets for males. Toilet rooms shall contain lav- atories with hot and cold water in the ratio of one (1) lavatory to every two (2) or less water closets. (d) Separate bathing facilities for each sex shall be provided, with one (1) shower enclosed in a compartment at least three (3) feet square for each sex for every ten (10) house trailer spaces or less. (e) Each service building shall have one (1) slop sink or basin with water sup- 10 ply for each ten (10) house trailer spaces served. (f) In areas of the trailer park set aside exclusively for house trailers equipped with private toilet and bathing facilities, the foregoing requirements for toilets and bathing facilities shall not apply. (g) Laundry facilities shall be pro- vided in the ratio of one laundry tub with hot and cold water for every twen- ty (20) house trailer spaces. (h) Each house trailer space shall be provided with a properly installed sewer connection for the combined li- quid waste outlet or outlets of each house trailer. It shall be the duty of the owner or operator of said trailer park not to permit the use of these out- lets until the connection from the trail- er to the outlethas been made odor -tight as well as water -tight. Sewer connec- tions in unoccupied house trailer spaces shall be so closed that they will not emit any odors nor cause a breeding place for flies or other insects. (i) Each trailer park shall provide equipment sufficient to prevent litter- ing of the grounds and premises with rubbish, garbage and refuse, and shall provide fly -tight metal depositories with tight fitting covers at conspicu- ous locations upon the premises. Such depositories shall be emptied as fre- quently as necessary and kept at all times in sanitary condition. SECTION 12. MANAGEMENT OF TRAILER PARKS The owner or operator of each trailer park shall keep a permanent record in writing of all persons occupying or us- ing the facilities of such trailer park in- cluding; (a) The name of each occupant of each house trailer. (b) Dates of arrival and departure of each house trailer. (c) License numbers of all trailers and towing vehicles. Such record shall be open at all times to any peace, en- forcement, or health officer of the Town or State. It shall also be the duty of the owner or operator of each trailer park to; (d) Maintain the trailer park in a clean, orderly and sanitary condition at all times. (e) See that the provisions of this ordinance are complied with. (f) Report to the Enforcement Officer or Town Clerk all cases of persons or animals affected or suspected of being affected with any communicable di- sease. SECTION 13. PENALTIES Any person, firm or corporationwho violates any provision of this ordinance shall be guilty of an offense and sub- ject to a fine of not more thanfifty (50) dollars, and every week such violation exists shall constitute a separate offense and be punishable as such. In addition the Town may take any other appropriate action to enforce compli- ance with the provisions of this ordin- ance. SECTION 14. ISSUANCE OF LI- CENSE NOT TO WAIVE COMPLIANCE WITH OTHER STATUTES AND ORDIN- ANCES. The issuance of a trailer park license pursuant to the provisions of this ordin- ance shall not be deemed to waive com- pliance by the holder thereof, by the Property owner, or by any occupant of said park under any statute of the State of New York, or any other ordinance or regulation of the Town of Ulysses. SECTION 15. ADMINISTRATION This ordinance shall be administer- ed by a person or persons to be desig- nated by the Town Board. SECTION 16. VALIDITY The invalidity of any section or pro- vision of this ordinance shall not in- validate any other section or provision thereof. SECTION 17. EFFECTIVE DATE This ordinance shall be in force and effect immediately upon adoption and publication as required by law. 11 SENECA COUNTY T— Of Ce. " ZONING MAP Town of Ulysses TOMPKINS COUNTY NEW YORK 1960 vO.D� n .• ' A.0 �� ao�, �,•, SARGENT - WEBSTER - CRENSHAW 8 FOLLEY \\ a • , - Cr \ DiviS C. 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