HomeMy WebLinkAbout2015-Zoning Law Revised 2015Town of Ulysses, NY
Tuesday, MaY37, 2076
Chapter 212. Zoning
[HISTORY: Adopted by the Town Board of the Town of Ulysses 12-17-2013 by L.L. No. 3-2013. Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 80.
Flood damage prevention — See Ch. 89.
Storm sewers — See Ch. 149.
Stormwater management and erosion and sediment control — See Ch.156.
Streets and sidewalks — See Ch.164.
Water — See Ch. 200.
Article I. Purpose
§ 212-1. Declaration of policy.
A. In order to promote the health, safety, morals and general welfare of the community; to lessen
congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light
and air; to prevent overuse of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, schools, parks and other public requirements,
under and pursuant to Chapter 62, Articles 9 and 16, of the Consolidated Laws of New York State, the
size of buildings and other structures, the percentage of lots that may be 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.
B. Further, these restrictions and regulations are provided in order to preserve, foster and enhance the
native beauty and rural character of one of the most picturesque and charming communities in the
Finger Lakes region of New York State. Ulysses is a community well-known for its fine vistas of
farmland, hills and Cayuga Lake. As it presently contains more historic homes within its borders than
any other township in the county, this chapter shall provide appropriate controls over the use of
buildings, structures and land.
Article II. Application
§ 212-2. Conformance.
A. It shall be unlawful to use or permit the use of any building or part thereof hereafter erected, changed
or extended in whole or in part, or altered beyond what is generally accepted as normal maintenance,
in a manner which shall not conform in all respects to the requirements of this chapter.
B. Any use not specifically set forth as a permitted use in any zoning district shall be expressly prohibited
in that zone. A use specifically set forth as a permitted use in one zoning district shall not be permitted
in another zoning district unless it is specifically set forth as a permitted use in said district.
C. The above notwithstanding, any lot that is deemed conforming to the prior Town of Ulysses Zoning
Ordinance, or was created prior to any local zoning law but now is deemed nonconforming, shall not
require the approval for an area variance by the BZA should said lot meet all setback, front and rear
yard requirements of this chapter.
§ 212-3. Space and construction.
Except as hereinafter provided, no building or part thereof shall be erected, altered or relocated unless
done so in conformance with the regulations on space and construction specified herein for the district in
which it is located, and with any relevant supplementary regulations. No portion of a yard or other open
space within a lot that is required for the purpose of complying with lot coverage or setback requirements
of this chapter shall be included as a portion of a yard or other open space similarly required for another
lot.
§ 212-4. Enforcement; penalties for offenses.
A. Zoning Officer. This chapter shall be enforced by the Zoning Officer who shall be appointed by the
Town Board. The Zoning Officer shall in no case, except under written order by the Board of Zoning
Appeals, grant any statement of compliance for any building or land use in violation of any provisions
of this chapter.
B. Violation pursuant to Town Law § 268. Any person, firm, corporation or other entity (hereinafter
referred to as any "person') violating any provision of this chapter shall be deemed guilty of an offense
pursuant to Town Law § 268 and, upon conviction thereof, shall be subject to a fine and to
imprisonment for each and every violation, as provided for in Town Law § 268. For the purpose of this
chapter, each week that a violation continues shall constitute a separate and distinct offense.
C. Compliance order.
(1) The Zoning Officer is authorized to order, in writing, the remedying of any condition or activity
found to exist in, on, or about any building, structure, or premises in violation of this chapter.
Upon finding that any such condition or activity exists, the Zoning Officer shall issue a compliance
order.
(2) The compliance order shall:
(a) Be in writing;
(b) Be dated and signed by the Zoning Officer;
(c) Specify the condition or activity that violates this chapter;
(d) Specify the provision or provisions of this chapter which is/are violated by the specified
condition or activity;
(e) Specify the period of time which the Zoning Officer deems to be reasonably necessary for
achieving compliance;
(f) Direct that compliance be achieved within the specified period of time; and
(g) Sate that an action or proceeding to compel compliance may be instituted if compliance is
not achieved within the specified period of time.
(3) The Zoning Officer shall cause the compliance order, or a copy thereof, to be served on the
owner of the affected property personally or by regular mail.
D. Appearance tickets. The Zoning Officer is authorized to issue appearance tickets for any violation of
this chapter.
E. Civil penalties. In addition to those penalties prescribed by state law, any person who violates any
provision of this chapter shall be liable for a civil penalty in an amount determined by resolution of the
Town Board for each day or part thereof during which such violation continues. The civil penalties
provided by this subsection shall be recoverable in an action instituted in the name of this Town.
Injunctive relief. An action or proceeding may be instituted in the name of this Town, in a court of
competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any
provision of this chapter. In particular, but not by way of limitation, where the construction or use of a
building or structure is in violation of any provision of this chapter, an action or proceeding may be
commenced in the name of this Town, in the Supreme Court or in any other court having the requisite
jurisdiction, to obtain an order preventing the erection, construction, alteration of use of any building
or land, or directing the removal of the building or structure, or directing an abatement of the
condition in violation of this chapter. No action or proceeding described in this subsection shall be
commenced without the appropriate authorization from the Town Supervisor of this Town.
G. Remediation by Town. In the event that a property owner fails to comply with the compliance order of
the Zoning Officer to remedy violations of this chapter, the Town shall have the following remedies in
addition to all remedies set forth in state, local or other applicable law:
(1) If the property owner fails to remedy the condition(s) constituting the violation within the period
stated in the compliance order, the Zoning Officer may present a compliance and remediation
plan ("the plan') to the Town Board. The plan shall detail how the Town may cause the
conditions) to be corrected through reasonable measures and shall include an estimate of the
direct cost of such measures, plus legal costs and administrative costs of the Town for
administering, supervising and handling such work in accordance with the provisions of this
chapter.
(2) If the Town Board adopts the plan, notice of the Town's intent to remedy the violation will be
provided to the property owner by personal service pursuant to the New York Civil Practice Law
and Rules. The notice shall include the following:
(a) A copy of the proposed plan;
(b) That the Town intends to remedy the conditions constituting the violation;
(c) That the property owner will be billed for the cost of implementing the plan, in the amount
set forth in the plan, and, that upon the property owner's failure to do so, the cost will be
added to the property tax bill for the property;
(d) That he or she has 3o days from the date of service of the notice to request a public hearing
before the Town on the plan and the estimated cost thereof, or remedy the condition.
(3) If the property owner requests a public hearing in writing, the Town will conduct such hearing and
shall publish notice of such hearing and provide a copy of the notice to the property owner by
regular and certified mail at least io days before the hearing.
(4) After such public hearing, the Town board shall determine whether to modify the plan and/or the
cost of measures to remedy the violation.
(5) If after the public hearing, or if no public hearing is requested, the Town causes the violation to be
remedied in accordance with the plan, the property owner shall receive a bill for the cost of the
remediation as set forth in the plan, with a notice that if the cost remains unpaid after 3o days,
the Town will take the necessary steps to have the cost added to the property owner's next
property tax bill. The bill shall be mailed to the property owner by regular and certified mail.
(6) If the sum stated in the bill is not paid within 3o days after mailing thereof to the property owner,
the Town will file a certificate with the Tompkins County Department of Assessment stating the
cost of abatement and administrative and legal costs to the Town, as detailed in the bill, together
with a statement identifying the property and landowner. The Tompkins County Department of
Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon
such property. Such amount shall be included as a special ad valorem levy (administered as a
move tax) against such property, shall constitute a lien, and shall be collected and enforced in the
same manner, by the same proceedings, at the same time, and under the same penalties as are
provided by law for collection and enforcement of real property taxes in the Town of Ulysses. The
assessment of such costs shall be effective even if the property would otherwise be exempt from
real estate taxation.
H. Collection of unpaid fines and penalties. In the event that a property owner fails to pay fines imposed
by Town Court or any other court with jurisdiction over the matter for violation of the provisions of
this chapter and/or the Town Law, and/or any civil penalties imposed pursuant to this chapter, and such
fines and penalties remain unpaid 3o days after they were levied, the Town may file a certificate with
the Tompkins County Department of Assessment stating the amount of the unpaid fine or penalty,
together with a statement identifying the property and landowner. The Tompkins County Department
of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such
property. Such amount shall be included as a special ad valorem levy (administered as a move tax)
against such property, shall constitute a lien, and shall be collected and enforced in the same manner,
by the same proceedings, at the same time, and under the same penalties as are provided by law for
collection and enforcement of real property taxes in the Town of Ulysses. The assessment of such
costs shall be effective even if the property would otherwise be exempt from real estate taxation.
I. Remedies not exclusive. No remedy or penalty specified in this chapter shall be the exclusive remedy or
penalty available to address any violation of this chapter, and each remedy or penalty shall be in
addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this
chapter, or in any other applicable law. Any remedy or penalty specified in this chapter may be pursued
at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty
specified in this chapter or in any other applicable law.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. �.
§ 212-5. Building permits.
A. The issuance of building permits shall be the responsibility of the Code Enforcement Officer who shall
be appointed by the Town Board.
B. A building permit application shall be made to the Code Enforcement Officer before any
nonagricultural building or other structure, including, but not limited to, signs, swimming pools (except
portable children's wading pools), aboveground or below -ground tanks, power and pump stations,
radio or telecommunications towers, and canopies and pavilions, is begun, erected, constructed,
enlarged, improved, renovated, repaired or altered.
C. No building in any district shall be changed, altered or extended if such change, alteration or extension
shall affect the dimensions of the building or the number of dwelling units in said building, without a
building permit issued by the Code Enforcement Officer.
D. The Code Enforcement Officer shall in no case, except under written order by the Board of Zoning
Appeals, grant any building permit for any building or land use in violation of any provisions of this
chapter.
E. No sign shall be erected in excess of 12 square feet without a building permit.
No building permit shall be required for any residential accessory building 144 square feet or less in
gross floor area and not exceeding 15 feet in height, provided that it meets the area requirements of
the zoning district.
G. Every application for a building permit shall state the intended use of the building and shall be
accompanied by a satisfactory plot plan, drawn to scale with dimensions shown, that indicates the size
and shape of the lot, any existing and proposed buildings, and all required yard areas and setback
required herein.
H. Unless there has been substantial progress made in the work for which a building permit has been
issued, said building permit shall expire one year from the date of issue. In no case shall a building
permit be valid for more than two years from the date of issue.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
§ 212-6. Fees for permits.
Fees for applications for site plan approval, special permit approval, request for variances from the
requirements of this chapter, and consideration of request for changes in zoning designation and building
permits shall be established by the Town Board and may be adjusted from time to time at the discretion of
the Board. In addition to any fees set by the Town Board, applicants shall be responsible for bearing the cost
of any advertising and reasonable consultant costs.
§ 212-7. Building Code conformance.
All zoning regulations stated herein shall be in accord with requirements established by the New York State
Uniform Building Code or its successors. Where the requirements of this chapter and the New York State
Uniform Building Code differ, the stricter of the two shall govern. Requirements for building codes and
maintenance presented in the New York State Uniform Building Code but not contained in this chapter are
considered to be part of the zoning requirements for the Town of Ulysses.
§ 212-8. Approval of Tompkins County Health Department.
No permit for any structure shall be granted until the Tompkins County Health Department requirements
with respect to proposed methods of sewerage or other waste disposal have been met.
§ 212-9. Certificate of compliance or occupancy.
No building or structure or part thereof hereafter erected, altered or extended shall be used or changed in
its use until a certificate of compliance or occupancy has been issued, signifying that such building or
structure, or use change, complies with the provisions of this chapter and applicable building codes, except
in the case of continued occupancy during the building permit period.
§ 212-10. Establishment of districts.
A. For the purpose of this chapter the Town of Ulysses is hereby divided into the following zoning
districts:
Al —Agricultural District
A2—Special Agricultural District
Ri—Rural Residence District
R2—Moderate-Density Residence District
LS—Lakeshore District
CD —Conservation District
RM—Multiple-Residence District
MHP—Manufactured Home Park
Hi —Hamlet District
H2—Hamlet District
Bi—Business District
MD —Marina District
IL —Light Industrial District
PR—Park/Recreation District
DD—Development District
B. The boundaries of these districts are shown on the map entitled "Zoning Map, Town of Ulysses,
Tompkins County, New York," as adopted by the Town Board and amended from time to time. Said
map and all notations on it or amendments to it are incorporated by reference into this chapter and
made part of it.E'3
[i] Editor's Note: The Zoning Map is on file in the Town offices.
§ 212-11. District boundaries.
Where uncertainty exists with respect to the exact boundaries of a zoning district shown on the Zoning
Map, the following rules shall apply:
A. Where the Zoning Map indicates a district boundary approximately on a lot line, such lot line shall be
construed to be the district boundary.
Distances shown on the Zoning Map are perpendicular or radial distances from the road or highway
right-of-way line measured back to the zoning district boundary line.
C. In all cases where a distance is given between the road or highway right-of-way line and a zoning
district boundary line, said line is parallel to the road or highway right-of-way line from which the
distance is measured.
D. Where a zoning district boundary line follows a stream, or the shoreline of a lake or other body of
water, said boundary line shall be deemed to follow the center line of the stream or be deemed to be
at the limit of the Town of Ulysses, unless otherwise noted.
E. In all other cases the location of a zoning district boundary line shall be determined by the Zoning
Officer through use of the scale on the Zoning Map.
§ 212-12. Amendments.
The regulations, restrictions and boundaries set forth in this chapter may be amended, supplemented,
changed or repealed by the Town Board pursuant to local law.
§ 212-13. Local laws superseded.
This chapter upon its effective date shall supersede the following local laws and ordinances: Town of Ulysses
Zoning Ordinance as adopted in 1968; the Town of Ulysses Zoning Law, as adopted August 30, 2005, and
amended November 28, 2007; Town of Ulysses Site Plan Review Ordinance as adopted October 6,1998; the
Town of Ulysses Tower Ordinance as adopted March 17,1997; the Town of Ulysses Mobile Home Park
Ordinance; and the Town of Ulysses Subdivision Ordinance, dated November 18,1986.
§ 212-14. Number of dwellings on a lot.
Unless otherwise provided for in this chapter, there shall be no more than two single-family or one two-
family structure on any lot.
§ 212-15. Right to inspect.
The Zoning Officer shall have the right upon notice to inspect any premises, building or area covered under
the provisions of this chapter. No person shall refuse to allow said officer to fully inspect any and all
premises, and no person shall molest or resist the officer in the discharge of his or her duties. Failure to
comply with this section shall be deemed a violation under this chapter, allowing for civil and penal remedy
as set forth herein.
Article III. Administration
§ 212-16. Board of Zoning Appeals.
A. Establishment.
(1) There is hereby established a Board of Zoning Appeals consisting of five persons who shall
function in the manner prescribed by law.
(2) The members of the Board of Zoning Appeals shall be residents of the Town of Ulysses and shall
be appointed by the Town Board to serve staggered terms of five years. Vacancies occurring in
said Board by expiration of term or otherwise shall be filled in the same manner.
(3) All Board members must comply with Town Law § 267, Subdivision 7-a, as to noncompliance with
minimum requirements relating to attendance and training as established by the Town Board.']
[i ] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. n.
(4) The Town Board shall designate the Chairman of the Board of Zoning Appeals. The Board of
Zoning Appeals shall choose its Vice Chairman, who shall preside in the absence of the Chairman.
In the absence of both the Chairman and the Vice Chairman, the Board of Zoning Appeals shall
choose one of its number as acting Chairman. Such Chairman, or the party acting in his or her
stead during his or her absence, may administer oaths and compel the attendance of witnesses.
(5) There may be appointed additionally up to two alternate members of the Board Zoning of
Appeals. Alternate members shall be appointed by resolution of the Town Board for terms
established by the Town Board.
(6) The Chairperson of the Board Zoning of Appeals shall designate an alternate member to
substitute for a regular member in the event that a regular member is unable or unwilling to vote
because of a conflict of interest, recusal, absence, abstention, or any other reason and an
alternate member is present at the meeting when the designation takes place.
(7) To the extent this provision is inconsistent with Town Law § 267, Subdivision 11, it is intended to
supersede such section, in accordance with Municipal Home Rule Law § io(i)(ii)d(3). All other
rights, responsibilities and procedures related to alternate members set forth in said § 267 shall
apply.
(8) The Board of Zoning Appeals shall appoint a secretary who shall take minutes of all its meetings
and keep its records.
(9) The Board of Zoning Appeals shall adopt from time to time such rules and regulations as it may
deem necessary to carry into effect the provisions of this chapter, and all its resolutions and
orders shall be in accordance therewith.
(1o) The Board of Zoning Appeals shall act in accordance with the provisions hereinafter contained in
this section, hold public hearings to determine appeals from any refusal of a building permit or
statement of compliance by the Zoning Officer, or review any order, decision, interpretation or
refusal thereof of the Zoning Officer, where such order or decision is based upon the
requirements of this chapter. An appeal must be made within the time prescribed by the rules of
the Board of Zoning Appeals. All Board of Zoning Appeals procedures shall comply with Town Law
§ 267-a, as amended from time to time.
(11) All permitted actions by the Board of Zoning Appeals shall comply with Town Law § 267-a, as
amended from time to time.
B. Area variances. The Board of Zoning Appeals may hear an appeal for an area variance to relieve
dimensional or similar requirements. In considering the grant of an area variance, the Board shall
comply with the criteria for the granting of such variances set forth in Town Law § 267-b, as amended
from time to time.
C. Use variances. The Board of Zoning Appeals may hear an appeal for a use variance to consider allowing
a use not permitted by this chapter. In considering the grant of a use variance, the Board shall comply
with the criteria for the granting of such variances set forth in Town Law § 267-b, as amended from
time to time.
D. Interpretation. The Board of Zoning Appeals may hear and decide appeals from and review any order,
requirement, decision, interpretation or determination made by the administrative official charged
with the enforcement of this chapter in accordance with Town Law § 267-b, as amended from time to
time.
§ 212-17. Planning Board.
A. The Planning Board is hereby charged with carrying out the functions provided for in § 274-a of Town
Law: to review and approve, approve with modification and conditions, or disapprove site plans. The
Planning Board is charged with carrying out the functions provided for in § 274-b of Town Law: to
grant special permits. The Planning Board may be charged with additional specific activities by
resolution of the Town Board.']
[i ] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
B. The Planning Board may review and provide written comments on all variance applications to the
Board of Zoning Appeals for projects that would be subject to Planning Board review and approval if
the variance is granted. If providing written comments, the Planning Board shall submit said comments
no less than five calendar days prior to the public hearing for the zoning variance application.[2]
[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
C. There is hereby established a Planning Board consisting of five persons who shall function in the
manner prescribed by law.
[Amended 8-12-2014 by L.L. No. 3-20141
D. The members of the Planning Board shall be residents of the Town of Ulysses and shall be appointed
by the Town Board to serve staggered terms of five years. Vacancies occurring in said Board by
expiration of term or otherwise shall be filled in the same manner.
[Amended 8-12-2014 by L.L. No. 3-20141
E. All Board members must comply with Town Law § 271, Subdivision 7-a, as to noncompliance with
minimum requirements relating to attendance and training as established by the Town Board.131
[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. �.
F. The Town Board shall designate the Chairman of the Planning Board. The Planning Board shall choose
its Vice Chairman, who shall preside in the absence of the Chairman. In the absence of both the
Chairman and the Vice Chairman, the Planning Board shall choose one of its number as acting
Chairman. Such Chairman, or the party acting in his or her stead during his or her absence, may
administer oaths and compel the attendance of witnesses.
G. There may be appointed additionally up to two alternate members of the Planning Board. Alternate
members shall be appointed by resolution of the Town Board for terms established by the Town Board.
H. The Chairperson of the Planning Board shall designate an alternate member to substitute for a regular
member in the event that a regular member is unable or unwilling to vote because of a conflict of
interest, recusal, absence, abstention, or any other reason and an alternate member is present at the
meeting when the designation takes place.
I. To the extent this provision is inconsistent with Town Law § 271, Subdivision 15, it is intended to
supersede such section, in accordance with Municipal Home Rule Law § io(i)(ii)d(3). All other rights,
responsibilities and procedures related to alternate members set forth in said § 271 shall apply.[41
[4] Editors Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
J. The Planning Board shall appoint a secretary, who shall take minutes of all its meetings and keep its
records.
K. The Planning Board shall adopt from time to time such rules and regulations as it may deem necessary
to carry into effect the provisions of this chapter and all its resolutions and orders shall be in
accordance therewith.
§ 212-18. Special permits.
A. Purpose and establishment. The purpose of this section is to set forth regulations, procedures, and
conditions that apply to certain permitted uses that, because of size, intensity, or other special factors,
warrant special evaluation of each individual case. The Planning Board is hereby charged with carrying
out the review and approval functions provided for in Town Law § 274-b: to grant special permits as set
forth in this chapter.
B. Applicability. The requirements set forth in this section shall apply to all construction, activities, uses,
or developments that are referred to elsewhere in this chapter as being allowed only upon receipt of a
special permit. Before a building permit can be issued for any of the structures or activities for which a
special permit is required, such a permit shall be obtained in accordance with these and other
applicable provisions. Any change of use of an existing structure to a use that requires a special permit
shall be subject to the requirements of this article.
C. Procedure.
(1) Activities or uses that require a special permit also require site plan review and approval.
Application for a special permit shall be made on a form provided by the Town, in addition to the
site plan review requirements in § 212-19. The application for special permit shall not be deemed
complete until all of the materials are received by the Zoning Officer and the requirements of
SEQR have been met.
(2) Upon receipt of a complete application, the Planning Board shall hold a public hearing in
accordance with the provisions of Town Law § 274-b or any similar or successor applicable
statutes and shall render a decision approving, approving with conditions, or denying the special
permit. Such hearing may be combined with any other hearing relating to the same proposal (e.g.,
site plan approval and special permit hearings may be combined).
(3) In making its decision, the Planning Board shall have the power to impose conditions and
restrictions as authorized by Town Law § 274-b or any similar or successor applicable statutes.
D. Waiver of requirements. The Planning Board may waive one or more of the normal application
requirements when it determines that the particular circumstances do not require all of the full
application materials for adequate consideration of the request for special permit.
E. Considerations for approval. The Planning Board's determination of an application for special permit
shall include findings consistent with any special criteria set forth in this chapter relating to the specific
use or activity for which approval is being sought, and shall also include as appropriate, but shall not be
limited to, findings that the following standards have been met:
(1) The health, safety, morals and general welfare of the community in harmony with the general
purpose of this chapter (including the specific purposes related to the district in which the
premises are located) are being promoted.
(2) The premises are reasonably adapted to the proposed use, and such use will fill a neighborhood
or community need, except that all publicly owned or educational buildings are deemed to be
adapted to the proposed use and are deemed to fill a neighborhood or community need.
(3) The proposed use and the location and design of any structure will be consistent with the
character of the district in which it is located.
(4) The proposed use will not be detrimental to the general amenity or neighborhood character in
amounts sufficient to devalue neighboring property or seriously inconvenience neighboring
inhabitants.
(5) Operations in connection with the proposed use will not be more objectionable to nearby
properties by reason of noise, fumes, vibrations, illumination, or other potential nuisance, than
the operation of any permitted use in the particular zone, except that as to all public buildings,
churches, and educational institutions the determination shall be whether the presumed benefit
of such a use is outweighed by the objectionable impacts of such use on nearby properties.
(6) Community infrastructure and services, including, but not limited to, protective services,
roadways, garbage collection, schools, and water and sewer facilities are currently, or will be, of
adequate capacity to accommodate the proposed use.
(7) The proposed use, building design, and site layout comply with all the provisions of this chapter
and, to the extent considered by the Planning Board, with other regulations and ordinances of the
Town, with the Building Code and all other state and federal laws, rules and regulations, and with
the Town's Comprehensive Plan.
(8) The proposed access and egress for all structures and uses are safely designed and the site layout
provides adequate access for emergency vehicles.
(9) The general effect of the proposed use upon the community as a whole, including such items as
traffic load upon public streets and load upon water and sewerage systems, is not detrimental to
the health, safety and general welfare of the community, except that as to all public, religious and
educational uses, the determination shall be whether the presumed benefit of such a use is
outweighed by the detrimental effect of the proposed use upon the health, safety, and general
welfare of the community.
(io) The lot area, access, parking, and loading facilities are sufficient for the proposed use and access,
parking and loading facilities are adequately buffered to minimize their visual impact.
(11) Natural surface water drainage is adequately managed in accordance with good engineering
practices and in accordance with any applicable Town local law or ordinance, and existing
drainageways are not altered in a manner that adversely affects other properties.
(12) To the extent reasonably deemed relevant by the Planning Board, the proposed use or structure
complies with all the criteria applicable to site plan review set forth in this chapter.
Modifications of special permit. A special permit that has been issued may be modified upon the
application of the owner for such modification. Such application shall be in accordance with the
provisions of this section, and the procedures applicable to such application shall be the same as are
applicable to an initial application for a special permit. Notwithstanding the foregoing, no approval shall
be required if the change is a modification set forth in § 212-19K, Modifications to approved site plans,
as not requiring approval of a modification to a site plan. The waiver of the requirement for approval
of a modification to a special permit is subject to the same conditions, and subject to the same
limitations as pertain to modifications to approved site plans.
G. Expiration of special permit. A special permit shall be deemed to authorize only the particular use or
uses specified therein. Unless otherwise specified by the Planning Board, a special permit shall
automatically lapse and expire 18 months after the date the decision is filed if the applicant fails to
obtain a building permit or fails to comply with the conditions of the special permit. A special permit
shall expire if the use or uses cease for any reason for more than 12 consecutive months. A special
permit may be revoked by the Planning Board if the conditions of the special permit are violated. A
special permit shall run with the land and can be transferred to successive property owners, unless the
permit has expired or has been revoked for failure to meet the permit conditions.
§ 212-19. Site plan review.
A. Purpose and establishment. The purpose of this section is to provide for the review and approval of
development plans to ensure that land development occurs in harmony with surrounding uses,
without adversely impacting neighboring parcels, property values, public facilities, infrastructure, or
the natural environment. The Planning Board is hereby charged with carrying out the review and
approval functions provided for in Town Law § 274-a: to review and approve, approve with
modifications and conditions, or disapprove site plans.
B. Applicability. The requirements set forth in this section shall apply to all construction, activities, uses,
or developments that are referred to elsewhere in this chapter as requiring site plan approval. Before a
building permit can be issued for any of the structures for which site plan review is required, a site plan
must be approved by the Planning Board in accordance with these and other applicable provisions. No
building permit shall be issued for any proposed improvements that would be in violation of use
restrictions, required yard setbacks, lot coverage limits or any other provisions of this chapter. Any
change of use of an existing structure to a use that requires site plan approval shall be subject to the
requirements of this article.
C. Procedure.
(1) Sketch plan conference. The sketch plan conference with the Planning Board shall precede the
submission of a detailed site plan. The purpose of the sketch plan conference is to allow the
Planning Board to review the basic site design concept, provide the applicant with constructive
suggestions, and generally to determine the information to be required in the detailed site plan.
(2) A sketch plan conference will be scheduled with the Planning Board, no sooner than one week
after the Zoning Officer deems the sketch plan materials are complete. The applicant must
submit the following materials:
(a) Completed and signed application form, including a description of proposed project;
(b) Payment of all application fees, based on the most recent fee schedule adopted by the Town
Board;
(c) Completed and signed Part I of the short environmental assessment form (SEAF) or long
environmental assessment form (LEAF), whichever is required;
(d) Completed and signed agricultural data statement (for properties containing or within 500
feet of a farm operation located in a County -designated Agricultural District);
(e) Written approval from the owner to submit the sketch plan, if not the owner of the land
under consideration;
(f) Digital and nine paper copies of the following materials:
[1] Brief narrative and preliminary concept showing the locations and dimensions of
principal and accessory structures, parking areas, and other planned features and any
anticipated changes in the existing topography and natural features;
[2] Sketch or map of the area which clearly shows the location of the site with respect to
nearby streets, rights -of -way, properties, easements and other pertinent features within
300 feet;
[3] Topographic or contour map to adequate scale and detail to show site topography and
natural features such as unique natural areas, critical environmental areas, and all
streams and wetlands or evidence of these such as hydric soils or vegetation indicative
of wetlands;
[4] Conceptual stormwater management plan consistent with local law that outlines the
approach to manage runoff and its post -construction treatment on the site. A
stormwater pollution prevention plan does not have to be submitted at this time.
(3) At the sketch plan conference, based upon the information provided, the Planning Board will
determine any and all additional information required in the detailed site plan, and whether a
public hearing will be required. By the conclusion of the next regularly scheduled meeting after
the completion of the sketch plan conference, the Chair of the Planning Board shall provide, in
writing, a detailed list of necessary materials for a detailed site plan.']
[i] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. n.
(4) At the completion of the sketch plan conference, the Planning Board will determine which of the
following public notices will be required:
(a) Signage provided by the Zoning Officer to be posted at the site by the applicant in a manner
that is readily visible to the public from the nearest adjacent public road at least io days
prior to subsequent review of the site plan materials;
(b) Notice of site plan review (or public hearing) to be mailed to the owners of record as of the
last filed assessment roll within 500 feet of the subject property at least five days prior to
the date of the meeting; or
(c) Notice of public hearing (see § 212-19E below).
(5) The Planning Board may, in appropriate cases, waive further site plan review based upon the
information provided in the sketch plan after review of the same.
(6) Detailed site plan materials shall be reviewed by the Zoning Officer in order to determine
completeness. When deemed complete, the Zoning Officer will schedule a site plan review
meeting and public hearing, if required by the Planning Board.
(7) The applicant shall supply all necessary materials for site plan review, including digital and paper
copies of plans as required by the Zoning Officer.
D. Site plan information required.
(1) At or following the sketch plan conference, the Planning Board may request that the applicant
provide more information, including, but not limited to, any or all of the items from the following
list. In determining the information it will require, the Board may consider the type of use, its
location, and the size and potential impact of the project.
(2) Site plan checklist:
(a) Names and addresses of all owners of record.
(b) A detailed site plan showing all integral elements within 300 feet of the proposed project
site, including, but not limited to:
[1] Property lines for the site, including metes and bounds;
[2] Locations of adjacent public and private streets and highways;
[3] Approximate size and locations of all existing and proposed buildings and structures,
including locations of access drives, parking and pedestrian facilities, and off-street
loading facilities;
[4] Existing vegetation and proposed landscaping;
[5] Existing and proposed overhead and underground utilities;
[6] Location and design of all water and sewerage facilities;
[7] Location of all existing streams or drainageways, water bodies, wetlands, and drain tile
(if available);
[8] Elevation plans at an appropriate scale for all exterior facades of the proposed
structure(s) and/or existing facades, plus addition(s) showing design features; [2]
M Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. n.
[9] Proposed exterior lighting; and131
[3] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions,
Art. n.
[10] Number of parking spaces existing and required for all intended uses.141
[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. n.
(c) Stormwater pollution prevention plan, as required by local law.[s]
[5] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. �.
(d) Site topography showing contours at an interval appropriate for the site, two -foot interval is
recommended.[']
[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
(e) For all uses except single- and two-family residences:171
[1] Proposed sign(s), including size, height and location;
[2] Area of building to be used for a particular use, such as retail operations, office storage,
etc.;
[3] Maximum number of employees;
[4] Maximum seating capacity, where applicable; and
[5] Estimated type and volume of traffic.
[7] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. n.
(3) In addition to the above, the Planning Board may require other information related to the
proposal, including, but not limited to:
(a) A detailed traffic study for large developments or developments in heavy traffic areas, to
include:
[1] The number of motor vehicle trips projected to enter or leave the site, estimated daily
and peak -hour traffic levels;
[2] The projected traffic flow pattern, including vehicular movements at all major
intersections likely to be affected by the proposed use of the site; and
[3] The impact of this traffic upon existing abutting public and private ways in relation to
existing road capacities (existing and proposed daily and peak -hour traffic levels as well
as road capacity levels shall also be given).
(b) A historical and cultural resources study completed to standards set forth by the State
Historic Preservation Office.
E. Action on site plan review application. Site inspections. The Planning Board (individually or as a group),
and any such persons as they may designate, may conduct such examinations, tests, and other
inspections of the site deemed necessary and appropriate.
(i) Public hearing.
(a) The Planning Board may hold a public hearing, which shall be conducted within 62 days from
the day the site plan materials are deemed complete by the Zoning Officer;
(b) In determining whether a public hearing is necessary, the Board shall be guided by the
expected level of public interest in the project;
(c) Applicants may request a public hearing. When an applicant requests a public hearing, no
site plan review may be disapproved without such a hearing;
(d) The applicant shall be informed of the public hearing date by the Zoning Officer at least to
days before said hearing;
(e) Notice of the public hearing shall be advertised in the official newspaper at least five days
prior to the date of said public hearing, and the applicant shall be billed by the official
newspaper; and
(f) Notice of the public hearing shall be mailed to the owners of record as of the last filed
assessment roll within 500 feet of the subject property at least five days prior to the public
hearing.
(2) Review criteria. The Planning Board's review of the site plan shall include, but is not limited to, the
following considerations:
(a) Location, size, and design of proposed buildings, landscaping, lighting, open spaces and
buffers, and outdoor waste facilities;
(b) Location and adequacy of vehicular access and circulation, including intersections, road
widths, pavement surfaces, off-street parking and loading areas, and traffic controls;
(c) Location and adequacy of pedestrian and bicycle facilities and appropriate provisions for
persons with disabilities;
(d) Potential effect of the proposed development on environmentally sensitive features within
the site, such as stream courses, steep slope areas, mature woodlands, wetlands, and other
bodies of water;
(e) In the case of multiple residence site plans, location and adequacy of any proposed open
space and recreational facilities;
(f) Protection of adjacent neighboring properties from any undue disturbance, such as may be
caused by excessive or unreasonable noise, glare, vapors, smoke, fumes, dust, or odors;
(g) Adequacy of stormwater and drainage facilities;
(h) Adequacy of water supply and sewage disposal facilities;
(i) Adequacy of the site layout for beneficial coordination with adjacent properties with respect
to pedestrian and vehicular traffic, recreational, space and undeveloped or open space; and
(j) Compliance with this chapter and any other applicable Town rules and regulations and
policies.
(3) Decision.
(a) No approval or approval with conditions shall be granted until the Board determines that the
applicant is in compliance with all other provisions of this and other ordinances.
(b) The Planning Board shall make a decision on the site plan within 62 days after the public
hearing, or 62 days after the site plan materials are received if no hearing is required. The
time within which the Planning Board must render its decision may be extended by mutual
consent of the applicant and the Planning Board. The decision of the Planning Board shall be
filed in the Town Clerk's office within five business days after such decision is rendered, and a
copy thereof mailed to the applicant.
Consultation on proposed site plan.
(i) At its sole discretion, the Planning Board may consult with agencies or individuals, including, but
not limited to, the Zoning Officer, Fire Commissioners, agriculture committee, conservation
advisory committee, commission of public works, other local and county officials, in addition to
representatives of federal and state agencies, including the USDA Natural Resource Conservation
Service, Tompkins County Soil and Water District, the State Department of Transportation, and
the State Department of Environmental Conservation.
(2) Consultation where fees are involved requires approval by the Town Board. These fees shall be
borne by the applicant.
G. Submission of final detailed site plan.
(1) After receiving approval, with or without conditions, from the Planning Board on a site plan, the
applicant shall submit a final, detailed site plan to the Zoning Officer for verification before a
building permit will be issued.
(2) If more than 12 months has elapsed between the time of the Planning Board's decision on the
proposed site plan and the submission of the final detailed site plan, the Planning Board may
require a resubmission of the proposal.
H. Waiver of requirements for site plan approval. When considering a proposed site plan, whether it is a
sketch plan, preliminary site plan or final site plan, the Planning Board may waive one or more items or
design details of the plan that are otherwise normally required under Article III, § 212-19D, to be
shown on the plan, if at its discretion it determines that the lack of such information is not a hindrance
to its consideration of the proposed site plan.
Performance guarantee.
(i) The Zoning Officer shall be responsible for the overall inspection of site improvements, including
coordination with Highway Department officials and other officials and agencies as appropriate.
(2) Prior to the issuance of a certificate of occupancy and/or site plan compliance certificate, the
applicant shall complete all required improvements to the satisfaction of the Zoning Officer, who
shall file with the Planning Board a letter signifying the satisfactory completion of all
improvements required by the Planning Board.
(3) In the instance when all improvements shown on the approved site plan are not yet completed, a
certificate of occupancy and/or site plan compliance certificate may be issued upon:
(a) Deposit by the applicant with the Town Clerk of a certified check in an amount set by the
Planning Board to cover the full cost of the required improvements, where costs are
determined or verified by a consultant hired by the Planning Board; or
(b) Filing by the applicant with the Town Clerk of a performance bond to cover the full cost of
the required improvements, where costs are determined by a contractor hired by the
Planning Board. Any such bond shall comply with the requirements of § 274-a of the Town
Law and, further, shall be satisfactory to the Town Board and Attorney for the Town as to
form, sufficiency, manner of execution, and surety. A period of one year, or such other
period as the Planning Board may determine appropriate, not to exceed three years, within
which required improvements must be completed shall be set forth in the bond.
J. Reservation of parkland on site plans containing residential units. If the proposed project includes
dwelling units, the Planning Board may, in accordance with the provisions and requirements of Town
Law § 274-a or any similar or successor law, require a park or parks suitably located for playground or
other recreational purposes to be shown on the site plan or, to the extent permitted by § 274-a,
monies in lieu of parkland.
Modifications to approved site plans.
(1) If at any time subsequent to the approval of a final site plan by the Planning Board an applicant or
property owner desires to modify the site plan as approved, an application with the revised site
plan shall be submitted to the Planning Board for its consideration of approval. The Planning
Board may hold a public hearing on said application of the proposed site plan, and impose any
conditions, modifications or additional requirements upon the approval as it may determine
appropriate in the furtherance of this chapter and the Ulysses Comprehensive Plan.
(2) Such modification maybe made without resubmittal and approval by the Planning Board, upon
receipt of a building permit, if it:
(a) Does not involve a violation of any conditions imposed by the Planning Board in its original
grant of final site plan approval;
(b) Does not involve the shift of the location of one or more buildings or structures a distance
exceeding to feet in any one direction from the location shown on the final site plan as
approved; provided, however, that such a shift does not result in an encroachment on any
required yard setback or buffer area;
(c) Does not alter the location of any proposed points of ingress into or egress from the site, or
proposed traffic flow within the site;
(d) Involves the construction of or alteration to less than 500 square feet of interior space, or
construction which results in the increase in the amount of square feet of an existing
building by less than io%, whichever is less;
(e) Involves the construction, alterations or renovations to the exterior of a building without any
change in building footprint, provided said alterations do not affect the size and locations of
windows or doorways, or are changes necessitated by New York State Fire Prevention Code
and Building Construction Code or its successors;
(f) Involves the construction of or relocation of three or fewer parking spaces;
(g) Involves the installation of any below- or aboveground utilities; and
(h) Is reviewed and approved by the Zoning Officer and Planning Board Chair.
L. Expiration of site plan approval. Unless otherwise specified by the Planning Board, site plan approval
shall automatically lapse and expire 18 months after the date the decision is filed if the applicant fails to
obtain a building permit or fails to comply with the conditions of the site plan approval.
§ 212-20. Rezoning for DD—Development Districts or other
rezoning actions.
A. Requests for rezoning.
(1) The Town Board shall review the request for rezoning, upon submission of preliminary materials
to adequately describe the scope of the project to the Town Zoning Officer. Should the Town
Board decide that the proposed request for rezoning merits further consideration, the Board
shall direct the applicant to proceed with a sketch plan conference, and then shall refer the
proposal to the Planning Board for further review and recommendations. The Town Board shall
be the lead agency for the public hearing and State Environmental Quality Review (SEQR) as
required for changes in zoning. In addition, the Planning Board may schedule a separate public
hearing and SEQR as part of site plan review.
(2) Sketch plan conference. The applicant for any rezoning action shall have a sketch plan conference
with the Zoning Officer, the Planning Board Chair, the Town Board Planning Liaison, and the
Planning Management Officer. The purpose of this conference is to generally and informally
review the proposed project, to advise the applicant as to the general process and the application
requirements, and to coordinate the rezoning between the Town and Planning Boards. Rezoning
actions are at the discretion of the Town Board and do not have a specified time frame within
which the action must be decided.
(a) Upon receipt of a request for review of rezoning, the Planning Board shall:
[1] Review the proposed rezoning for compliance with the Ulysses Comprehensive Plan for
development of the Town of Ulysses and make a finding that it is in conformance with
the Town Comprehensive Plan;
[2] Review the development for the proposed site rezoning, including any proposed
structures or modifications of structures using the review criteria outlined in § 212-20
for compliance with district regulations of the zoning district for which rezoning is
requested and with relevant sections of this chapter, and require such changes as may
be necessary to ensure compliance;
[3] Adopt a resolution recommending approval, approval with modifications, or
disapproval of the proposed Development District and general site plan, and forward
the same to the Town Clerk within the required time period set forth in Town Law.
(b) The Planning Board shall consider:
[i] The need within the community for the proposed use;
[2] The desirability of the proposed location;
[3] The compatibility of the proposed use with the existing character of the neighborhood
in which the proposed use would be located, and the impact on the future quality of
the neighborhood;
[4] Safeguards proposed by the applicant to mitigate possible detrimental effects of the
uses within the proposed rezoning on the entire area and on adjacent property;
[5] Safeguards proposed by the applicant to preserve existing trees and outstanding
topographic or geologic features, and reduce potential for soil erosion and
sedimentation.
Requirements for rezoning plan. The applicant(s) or petitioner(s) shall submit a plan of the site to be
rezoned to the Town Board that shall clearly show:
(1) Property lines, including metes and bounds;
(2) All public streets abutting the lot or parcel;
(3) Site topography;
(4) Location and size of all existing structures and site utilities, points of ingress and egress, parking
and loading areas and pedestrian facilities;
(5) Location of all existing streams, woodland, wetlands and other significant natural features;
(6) Location and size of all proposed structures and site utilities, points of ingress and egress, parking
and loading areas and pedestrian facilities; and
(7) Other plans and specifications related to the proposed use of the site deemed reasonably
necessary by the Town Board for a thorough understanding of the proposed use.
C. Development District rezoning plan. The purpose of a Development District is to give flexibility to this
chapter in order to accommodate such developments as would be beneficial to the community, but
which are not now permitted in the established zoning district where the proposed project is located.
These Development Districts must not be contrary to the Ulysses Comprehensive Plan or this chapter.
In addition to the requirements for rezoning, a proposed Development District shall be a minimum of
three acres. Site plan material submitted with the application for review by the Planning Board must be
in accordance with the Town development district application procedure, available from the Zoning
Officer, and amended as necessary from time to time.
D. Process for rezoning by Town Board.
(1) Upon receipt of the requested recommendation from the Planning Board, the Town Board shall
hold a public hearing and State Environmental Quality Review, after which it may, at its discretion,
approve the proposed rezoning request, disapprove the proposed change, or approve it with
modifications. The Town may impose any conditions, modifications, or additional requirements
upon the approval as it may determine appropriate in the furtherance of this chapter and the
Town Comprehensive Plan. In making its decision, the Town Board shall make an affirmative
finding that the proposed change is in conformance with the Town Comprehensive Plan.
(2) An affirmative vote of at least four members of the Town Board shall be required to establish the
Development District if:
(a) The Planning Board recommends that the proposed Development District not be approved
based on the Ulysses Comprehensive Plan; or
(b) The Planning Board recommends that the proposed Development District be approved but
with modifications, including modifications of proposed allowed uses and to the proposed
site plan, that the applicant is not willing to make.
(3) The Town Board in establishing a new zoning district shall define, in writing, the boundaries of the
new district, approve the site plan and list all specifications and restrictions approved for the site
plan. The site plan as approved by the Town Board shall be binding on the applicant.
(4) Upon the approval by the Town Board of a site plan submitted as part of an application or
petition for the establishment of a Development District, said site plan shall be submitted to the
Planning Board for consideration of final site plan approval if not previously conducted as part of
the rezoning review.
Article IV. Terminology
§ 212-21. Word usage.
For the purpose of this chapter certain words shall have the following meanings unless otherwise required
by the context:
A. Words used in the present tense include the future;
B. The singular number includes the plural, and the plural the singular;
C. The word "building" includes the word "structure",-
D. The word "occupied" includes the words "designed or intended to be occupied"; and
E. The word "used" includes the words "arranged, designed or intended to be used"
§ 212-22. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A building subordinate to and clearly incidental to the principal building on the same lot, and used for
the purposes customarily incidental to those of the principal building. An accessory building shall not
contain habitable space. For the purposes of this chapter, tractor trailers, shipping containers, PODS®,
and similar structures are not considered to be accessory buildings.
ADULT CARE CENTER
A building used for the care, protection and supervision for fee of more than 12 elderly or disabled
adults for part of a twenty -four-hour day, such care to include personal assistance, development of
skills for daily living and opportunities for social contact.
ADULT CARE, FAMILY
Any building used for the care, protection and supervision for fee, at least once a week, of not more
than six elderly or disabled adults for part of a twenty -four-hour day by a resident of the dwelling, such
care to include personal assistance, development of skills for daily living and opportunities for social
contact, excluding, however, the care of an adult(s) given by relatives.
ADULT CARE, GROUP
Any building used for the care, protection and supervision for fee, more than once a week, of more
than six but not more than 12 elderly or disabled adults for part of a twenty -four-hour day by a resident
of the dwelling, such care to include personal assistance, development of skills for daily living and
opportunities for social contact.
ADULT ENTERTAINMENT BUSINESS
A business, including arcades, bookstores, theatres, dance clubs, massage parlors and similar
establishments, providing live, motion picture, videocassette, slide, photographic or computer -
generated visual entertainment characterized by: the display of less than opaquely covered female
human genitals or male human genitals in a discernible turgid state, the human pubic region, buttocks,
or female breast or breasts below the top of the areola; or human sexual activity, including human
genitals in a state of sexual arousal, or acts of sexual intercourse, sodomy or masturbation, or fondling
or other touching of human genitals, pubic region, buttocks or breasts for the purpose of sexual
arousal; and/or the retail sale of books, magazines, newspapers, movies, slides, films, devices or other
photographic or written reproductions characterized by: the display of less than opaquely covered
female human genitals or male human genitals in a discernible turgid state, the human pubic region,
buttocks, or female breast or breasts below the top of the areola; or human sexual activity, including
human genitals in a state of sexual arousal, or acts of sexual intercourse, sodomy or masturbation, or
fondling or other touching of human genitals, pubic region, buttocks or breasts for the purpose of
sexual arousal.
AGRICULTURAL COMMERCE
A retail or wholesale enterprise operated as an accessory use to an active farm on the same premises
providing services or products principally utilized in agricultural production, including structures,
agricultural equipment and agricultural equipment parts, batteries and tires, livestock, feed, seed,
fertilizer and equipment repairs, or providing for wholesale or retail sale of grain, fruit, produce, trees,
shrubs, flowers or other products of agricultural operations.
AGRICULTURE
The use of land and on -farm buildings, equipment, manure -processing and -handling facilities, and
practices which contribute to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including a commercial horse -boarding operation, as
defined in the Agriculture and Markets Law Article 25-AA, § 3oi. (See also "farm')
AIRPORT
An area of land or water set aside and designed for the landing and takeoff of aircraft, that is regulated
by the Federal Aviation Administration (FAA), and that includes facilities necessary for the housing and
maintenance of aircraft.
AIRSTRIP, PRIVATE
An area of land or water set aside and designed to be utilized by the owner of the property for the
landing and takeoff of aircraft, and that includes facilities necessary for the housing and maintenance
of aircraft.
ALL-WEATHER SURFACE
Any roadway, driveway, alley or parking lot surface paved with crushed stone, asphalt, concrete or
other pervious or impervious material in a manner that will support the weight of anticipated vehicular
traffic in all weather conditions and minimize the potential for ruts, potholes or pooling of water. (See
also "impervious surface.')
AMUSEMENT, PLACE OF
BAR
A facility providing rides, games, variety shows and other forms of entertainment, and food and drink
for the amusement of the general public.']
An establishment primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine and
liquor, for consumption on the premises.
BED -AND -BREAKFAST
An owner -occupied, one -family dwelling used for providing overnight accommodations and a morning
meal to not more than io transient lodgers and containing at least three but not more than five
bedrooms for such lodgers.
BICYCLE/SKI RENTAL BUSINESS
Establishment for the purpose of renting nonmotorized recreation equipment, such as bicycles and
cross-country skis, where there is no permanent outdoor storage or display of equipment, and may
include retail sales incidental and subordinate to nonmotorized recreation activities, subject to the
following: no more than 2056 of the square footage of the building or structure used by the
establishment will be used for such retail sales.
BOARDING HOUSE
A building arranged or used for lodging for compensation, with or without meals, for up to 15
occupants, and which is not occupied as a single-family unit.
BREAST HEIGHT (bh)
The standard height at which the caliper (diameter) of a tree is measured, 4 1/2 feet above the base of
the trunk of the tree.
BUFFER, STREAM PROTECTION
A strip of land on each side of a stream that is left vegetated or replanted with native woody tree and
shrub plants to provide several important societal services, including flood reduction, erosion control,
groundwater filtration, surface water quality improvement and wildlife habitat.
BUILDING
Any structure having a roof supported by columns, posts or walls.
BUILDING HEIGHT
The distance from the average grade level to the highest point of a building or structure.
CAMPER
A dwelling designed and used for temporary residence mounted on a chassis designed to be towed or
mounted on a truck for travel over roads and highways. Units may be self-contained or designed for
temporary connection to electric, water or sewerage utilities. (See also "motor home.')
CAMPGROUND, GROUP
Any parcel of land on which the following are located for group activities by private groups or
semipublic groups, and such as a boy or girl scout camp, fraternal lodge, summer camp facility,
conference center or nature center: 1) tent sites, cabins, or other accommodations of design or
character suitable for seasonal and temporary accommodations; and/or 2) a structure or structures
containing communal facilities, such as a kitchen, dining area, gathering space and bathrooms. No
camping vehicles, campers or motor homes shall be permitted on the premises. There shall be no
more than two year-round single-family homes for each group campground facility, which shall be
accessory to the group campground use, such as housing for a caretaker.
[Amended 8-12-2014 by L.L. No. 3-20141
CAMPGROUND, OVERNIGHT
Any parcel of land on which are located two or more tent sites, or small camper sites, such as pop-up
type, and is primarily used by overnight, weekend, or short-term (not seasonal) campers, and for which
fees are charged. Large campers, such as Class A or C self-propelled units, are clearly an incidental and
accessory use and limited to no more that io% of the campsites. Storage on more than io% of the
campsites, storage on more than io% of the total site capacity and commercial sales of Class A or C
vehicles are prohibited.
CAMPGROUND, SEASONAL
Any parcel of land on which are located two or more cabins, park models, travel trailers, recreational
vehicles or other accommodations of design or character suitable for seasonal or temporary living
purposes, and on which these accommodations may be stored year around, and for which fees are
charged. Each seasonal camp site shall be connected to utilities and sanitary waste disposal systemP]
CHILD-CARE CENTER
A building used for the care, protection and supervision for fee, more than once a week, of more than
12 children at any one time. If conducted within a dwelling by a resident of said dwelling, children of the
resident under the age of 16 shall be counted in determining the number of children being cared for.
CHILD CARE, FAMILY
The care, protection and supervision for fee, more than once a week, of not more than six children at
any one time by a resident of a dwelling. Children of the resident under the age of 16 shall be counted
in determining the number of children being cared for.
CHILD CARE, GROUP
The care, protection and supervision for fee, more than once a week, of more than six but not more
than 12 children at any one time. If conducted within a dwelling by a resident of said dwelling, children
of the resident under the age of 16 shall be counted in determining the number of children being cared
for.
CLEAR-CUT
A stand in which essentially all trees have been removed in one operation. Depending on management
objectives, a clear-cut may or may not have reserve trees left to attain goals other than regeneration.
CLINIC
A building designed and utilized in the diagnosis and treatment on an outpatient basis only of persons
who are sick or injured, providing clinical, temporary, surgical and laboratory medical services.
COMMUNITY CENTER
A place, structure or other facility used for fraternal, social, educational and recreational programs
generally open to the public and intended to serve significant segments of the community.[31
CONFERENCE CENTER
A building or structure designed and available to rent to persons, businesses or organizations for the
purpose of one or more group meetings, social events, exhibitions or other large gatherings.
Restaurant or cafeteria facilities may be included in such a building or structure.
COTTAGE INDUSTRY
A manufacturing, construction or service enterprise owned and operated by a resident of the principal
dwelling on a lot, but which is not engaged in retail sales with established hours of operation, or
services on the premises, and which does not employ more than io persons on site not residing on the
property.
CUL-DE-SAC
See "road, dead-end."
DISTRICT
See "zoning district."
DOMESTIC LIVESTOCK
Domestic animals, such as cattle, sheep, hogs, goats, horses, poultry, alpacas, llamas, ratites, such as
ostriches, emus, rheas and kiwis, farmed deer, or farmed buffalo, raised for sale or home consumption
of meat, fiber, milk, eggs, or as work animals.[4]
DRIVE -THROUGH
A retail facility or portion thereof from which business is transacted, or is capable of being transacted,
directly with customers located in a motor vehicle during such business transaction.
DWELLING
A building or portion thereof designed and used for human habitation, with an independent entrance
and with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one
family, excluding tents, hotels, motels or other building designed for transient residence.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons, including
permanent provisions for living, cooking, sanitation and sleeping.
ELDER COTTAGE
A separate, detached one -family dwelling of not less than 56o square feet and not more than 750
square feet. The unit may be manufactured housing, provided that the width of the unit shall be no less
than 22 feet. The unit shall be designed to be temporarily placed on a lot as an accessory dwelling to
the principal dwelling, for the purpose of providing housing for one or more persons related by blood,
marriage or adoption.
EXTRACTIVE INDUSTRY
The extraction of overburden and minerals from the earth; the preparation and processing of minerals,
including any activities or processes used for the extraction or removal of minerals from their original
location and the preparation such as washing, cleaning, crushing, stockpiling or other processing at the
mine location that makes a mineral suitable for commercial, industrial or construction use, but does
not include operations extracting natural gas and/or petroleum. For the purpose of this chapter,
borrow pits (excavations for removing material for filling operations) which exceed 2,000 tons in a
one-year period are considered extractive industry.
FAIR
A competitive exhibition of agricultural products and animals, usually with accompanying food and
merchandise vendors, displays, entertainment and amusements.
FAMILY
[s]
A. One or more persons living together in a single dwelling unit, all of whom are related by blood,
marriage or adoption; or
B. A functional family unit, defined as follows: A group of individuals living together in a single
dwelling unit and functioning as a family. In determining whether a group of legally unrelated
individuals is a functional family unit, the following criteria must be met:
(1) The occupants must share the entire dwelling unit.
(2) The household must have stability. Evidence of such stability may include following:
(a) The presence of minor dependent children regularly residing in the household.
(b) Proof of the sharing of expenses for food, rent or ownership costs, utilities and other
household expenses and sharing in the preparation, storage and consumption of food.
(c) Whether different members of the household have the same address for the purposes
of:
[1] Voter registration.
[2] Drivers' licenses.
[3] Motor vehicle registration.
[4] Summer or other residences.
[5] The filing of taxes.
(d) Common ownership of furniture and appliances among the members of the household.
(e) Enrollment of dependent children in local schools.
(f) Employment of household members in the local area.
(g) A showing that the household has been living together as a unit for a year or more,
whether in the current dwelling or other dwelling units.
(h) Any other factor reasonably related to whether or not the group of persons is the
functional equivalent of a family.
FAMILY CHILD CARE
See "child care, family."
FARM
The use of land and on -farm buildings, equipment, manure -processing and -handling facilities, and
practices which contribute to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including a commercial horse -boarding operation, as
defined in the Agriculture and Markets Law Article 25-AA, § 3ol. (See also "agriculture')
FARM LABOR HOUSING
A temporary or permanent structure that is clearly accessory to an agricultural operation and
occupied by farm workers employed on the premises and their families.[61
FLAG LOT
See "lot, flag."
FRATERNAL ORGANIZATION
An organization of persons, excluding churches, mosques, synagogues, temples or other places of
worship, formed for a specific purpose, such as the promulgation of arts, literature, politics, civic
involvement or other mutual interest, or out of a common experience or heritage, but not operated
for profit.
FRONTAGE
The length of the boundary line of a lot abutting on the public highway right-of-way. In the case of lots
that bound on a lake shore, the length of the boundary line abutting the lake on a line or lines running
parallel to the general shoreline.
FULLY SHIELDED LIGHT
An outdoor light fixture shielded or fabricated so that no light rays are emitted by the installed fixture
at angles above the horizontal plane as certified by a photometric test report.
GLARE
Light emitting from a luminaire with intensity great enough to reduce the viewer's ability to see, and in
extreme cases with intensity great enough to cause momentary blindness.
GRADE
The average finished ground level of the land at which the perimeter of a building or structure meets
the ground.
GROUP CAMPGROUND
See "campground, group"
GROUP CHILD CARE
See "child care, group"
HANDICAPPED PERSON
See "person with disabilities"
HANDICRAFT ITEM
An object that requires use of the hands, hand tools and human craft skills for its production, and
which is usually not adaptable to mass production by mechanical means.
HEALTH CLUB
A private gymnasium, athletic, fitness, health or recreational facility, or reducing salon or weight -
control establishment.
HOME OCCUPATION
An occupation, profession, activity or use performed by the resident that is clearly a customary,
incidental and secondary use of a residential property, including, but not limited to, dressmaking;
hairdressing; cooking, baking, and meal preparation for consumption off -premises; wholesale or retail
sales not involving the display of goods; wood- and metalworking; word- and data-processing; and
which does not affect the use of the property for residential purposes or alter the exterior residential
character of the property.
HOSPITAL
An establishment for temporary occupation by persons who are sick or injured for the purpose of
medical diagnosis and treatment, including clinical, temporary, surgical, laboratory and emergency
medical services.
HOSTEL
An establishment providing transient, overnight accommodations, typically characterized by low cost,
shared use of a self-service kitchen, common areas, sleeping rooms and bathroom facilities.
HOTEL
A multiple dwelling used primarily for the purpose of furnishing for compensation lodging, with or
without meals, for transient guests, and which may provide additional services, such as restaurants,
meeting rooms, recreational facilities and shops for the sale of gifts and incidental items to guests.
HUNTING CLUB
A building, facility or organization catering exclusively to members and their guests, and including
facilities for trap shooting, target shooting, and archery, for both practice and competition, and other
outdoor recreational pursuits by members and their guests, except motorized racing; provided,
however, that there are not conducted any vending stands, merchandising or other commercial
activities except as may be incidental to the operation and maintenance of the facility, and generally for
the benefit of members and to further the purposes of the club.
IMPERVIOUS SURFACE
INN
Any material or surface that substantially reduces or prevents the infiltration of water into the ground,
including areas covered by buildings, conventionally surfaced roads and highways, driveways and
parking lots, and sidewalks. (See also "all-weather surface!)
See "hotel."
JUNKYARD
An open area used for the storage or accumulation of wastes, used and secondhand materials,
including, but not limited to, building materials, scrap metal, plastic, paper, rags, glass, broken
appliances and electronic equipment, rubber tires, bottles, refuse, inoperative vehicles and other
machinery, and other debris that is not generated by or used in any ongoing agricultural operations on
the premises. For the purpose of this chapter, an automobile wrecking yard is also considered a
junkyard.
KENNEL
Any building or lot where four or more dogs are raised and/or boarded for the purpose of sale,
breeding, training or exhibition, or are boarded for a fee or are sheltered for humanitarian reasons.
LIFE -CARE FACILITY
A facility for the residency of persons aged 55 or older and/or persons with disabilities that includes
one or more of the following features or services: individual dwellings; congregate apartments where
residents may share common meals; nursing home facilities; laundry services; common recreational
facilities; and other personal services.
LIGHT FIXTURE
The assembly that houses a lamp or lamps and which can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
LIGHT INDUSTRY
The manufacture of finished products or parts predominantly from previously processed or prepared
materials, including processing or fabrication, assembly, treatment, packaging, incidental storage, or
sales and distribution of such products.
LODGE
A building or buildings in which overnight accommodations and meals may be offered to paying
transient guests, where such use is secondary to an active farm operation.
LOT
A parcel of land that may be occupied by one or more principal buildings and accessory buildings for
uses customarily incidental to the principal buildings, including such open spaces as are used in
connection with the principal building or buildings.
LOT AREA
All of the land between the boundary lines of a lot but not including any portion of the public highway
right-of-way that may be included in the deed description of said lot.
LOT, CORNER
A lot or parcel of land abutting two or more public or private road or highway rights -of -way at their
intersection, or on two sections of the same road or highway.
LOT COVERAGE
That portion of a lot covered by all buildings or structures on a lot or parcel, including concrete,
asphalt or similar impervious surfaces used for parking, sidewalks, drives and roads. Driveways,
walkways, and parking areas for a single-family or two-family dwelling on the lot are excluded from the
calculation of lot coverage.
LOT DEPTH
The least distance measured perpendicular from the front lot line to the rear lot line of a parcel.
LOT, FLAG
A parcel of land whose configuration is so designed to make legally conforming lot that is otherwise
landlocked by road -fronting parcels. Access to a road from the interior lot is provided for by a strip of
land (called the "pole') that is contiguous with the interior lot (called the "flag). The buildable, interior
portion of the lot (the "flag' must meet the minimum lot area requirements in the district, exclusive of
the acreage of the pole. A "front lot line" is defined as a line within the flag portion of the parcel that is
parallel to or approximately parallel to the accessed road and meets the minimum lot width at the
front lot line for the district. This front lot line established in the flag will be used as a baseline for
measuring the front yard setback and identifying side and rear lot locations. A lot that meets all of the
lot area and yard requirements for the zoning district, except for the required road frontage, may not
be declared a flag lot unless the land adjacent to the pole and in front of the flag is part or all of a
separate legal and conforming lot for that zoning district.
LOT LINE
A boundary line of a lot.
LOT LINE, FRONT
The lot line or lines of a parcel of land coterminous with a public highway right-of-way or private road,
or approximately parallel to and nearest to a public highway right-of-way or private road as determined
by the Zoning Officer, or, in the case of lots that bound on a lake shore, the line coterminous with or
approximately parallel to the published mean high-water line.
LOT LINE, REAR
The lot line or lines of a parcel of land on the opposite side of said parcel from a public highway right-
of-way or private road, or on the opposite side of said parcel approximately parallel to and nearest to a
public highway right-of-way or private road as determined by the Zoning Officer.
LOT LINE, SIDE
Any lot line that is not a front or rear lot line.
LOT WIDTH
The shortest distance between the side lot lines, measured from the point where each side lot line
intersects with the minimum front lot setback line.
LUMINAIRE
A complete lighting system, including a lamp or lamps and the attendant light fixture.
MANUFACTURED HOME
A dwelling which is factory -built in accordance with the National Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C. § 5401) and which is transportable in one or more sections,
is affixed to a chassis with axles and wheels, and is designed to be placed on a permanent or temporary
foundation.
MANUFACTURED HOME, DOUBLEWIDE
A manufactured home comprised of at least two sections transported separately and attached on site,
and having a minimum width of 22 feet.
MANUFACTURED HOME PARK
A parcel of land under single ownership that has been improved for the purpose of renting or leasing
sites for the placement of manufactured housing.
MANUFACTURED HOME, SINGLEWIDE
A manufactured home comprised of no more than one section, on a single chassis, and having a width
of at least 12 feet.
MARINA
A facility for berthing, servicing, fueling, launching and storage of private watercraft that may also
include the sale, lease, rental or charter of watercraft, and the sale of fuel, marine products and
accessories, and incidental supplies for water craft owners, crews and guests.
MEAN HIGH-WATER ELEVATION (MHWE)
Mean high-water elevation (MHWE) is measured using the National Geodetic Vertical Datum 1929
(NGVD 1929) and the lake elevation at the Cayuga inlet based on the United States Geological Survey.
[Added 8-12-2014 by L.L. No. 3-20141
MOBILE HOME
A dwelling which is factory -built, transportable in one or more sections, affixed to a chassis with axles
and wheels, and designed to be placed on a permanent or temporary foundation, but which is not built
in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. § 5401).
MOTEL
A multiple dwelling used primarily for motorists, not over two stories in height, in which the exit from
each dwelling unit or sleeping room is directly to the exterior. The term includes, but is not limited to,
the terms "motor court," "motor hotel," and "tourist court."
MOTOR HOME
A dwelling designed for temporary residence mounted on a self-propelled chassis designed for travel
over roads and highways. Units may be self-contained or designed for temporary connection to
electric, water or sewerage utilities. (See also "camper.')
NATURAL GAS
Any gaseous substance, either combustible or noncombustible, which is produced in a natural state
from the earth and which maintains a gaseous or rarified state at standard temperature and pressure
conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other
hydrocarbons.
NATURAL GAS AND/OR PETROLEUM EXPLORATION
Geologic or geophysical activities related to the search for natural gas, petroleum, or other subsurface
hydrocarbons, including prospecting, geophysical and geologic seismic surveying and sampling
techniques, which include, but are not limited to, core or rotary drilling or making an excavation in the
search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.
NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION WASTES
Any garbage, refuse, cuttings, sludge, flow -back fluids, produced waters, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material that results from or is associated with
the exploration, drilling or extraction of natural gas and/or petroleum.
NATURAL GAS AND/OR PETROLEUM EXTRACTION
The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas,
petroleum, or other hydrocarbons.
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a
water or fluid gathering station, a natural gas or petroleum storage facility, or a natural gas or
petroleum gathering line, venting station, or compressor associated with the exploration or extraction
of natural gas or petroleum.
NONCONFORMING USE
A building, structure or use of land lawfully existing at the time of the enactment of this chapter which,
as a result of the adoption of this chapter or an amendment hereto, does not conform to the zoning
regulations of the district in which it is situated.[71
NURSING HOME
An extended- or intermediate -care facility licensed or approved to provide full-time convalescent or
chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to
care for themselves.
PARK, COMMUNITY
A parcel of land in public or private ownership available to the public for daytime and evening
recreational, educational, cultural or scenic purposes, intended for use by residents living within a few
miles of the facility.
PARK, REGIONAL
A parcel of land in public or private ownership available to the public for daytime, evening and
overnight recreational, educational, cultural or scenic purposes, such as a county, regional or state
park.
PAVEMENT
See "all-weather surface."
PERSON WITH DISABILITIES
A person having a physical or mental impairment that substantially limits one or more of the person's
major life activities so that such a person is incapable of living independently; possessing a record of
having such an impairment; and being regarded as having such an impairment. This term, however,
does not include current illegal use of or addiction to a controlled substance, nor does it include any
person whose presence would constitute a direct threat to the health and safety of other individuals.
PLAT
A. A map representing a tract of land, showing the boundaries and location of individual properties
and roads;
B. A map of a subdivision or site plan.
PLOT PLAN
See "site plan"
PRESERVE
A tract of land dedicated to the protection of one or more scenic or environmental attributes,
including, but not limited to, flora, fauna, geological features, lakes, streams, wetlands or other
hydrological features.
PRINCIPAL BUILDING
The building on a lot which provides housing for the owner or tenants, or, in a business or industrial
zoning district, the largest building on the lot.
PROFESSIONAL OFFICE
The place of business or practice of an accountant, architect, landscape architect or other design
professional, doctor or other duly licensed medical practitioner or therapist, dentist or orthodontist,
engineer, insurance agent, lawyer, real estate agent or broker, securities broker or similar profession, or
the place of business or practice of a group of such professionals operating as a partnership,
corporation or other legal business arrangement.
PROJECT SITE
Any area that has been or will be physically changed as a result of a proposed development or
construction project, or has been or will be utilized on a temporary basis during the course of
construction.
RECREATIONAL VEHICLE
See "motor home" and "camper."
RESEARCH AND DEVELOPMENT
A business or facility dedicated to research, investigation, enterprise, experimentation, testing and
product development, including, but not limited to, computer software, data compilation and
manipulation, but not including facilities for manufacturing, distribution or sales of products, except as
an incidental activity.
RESIDENCE, MULTIPLE -FAMILY
A building or structure situated on a single lot and containing three or more dwelling units.
RESIDENCE, SINGLE-FAMILY
A building or structure situated on a single lot and containing one dwelling unit, including doublewide
manufactured homes.
RESIDENCE, TWO-FAMILY
A building or structure situated on a single lot and containing two dwelling units.
RESIDENTIAL CARE/ASSISTED LIVING/REHABILITATION FACILITY
A building or portion thereof housing persons on a twenty -four-hour basis who because of age, mental
disability, addiction or other reasons live in a supervised residential environment that provides
personal -care services, but who nonetheless are capable of responding to an emergency situation
without any physical assistance from staff, including, but not limited to, residential board and care
facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social
rehabilitation facilities, alcohol- and drug -abuse centers and convalescent facilities.
RESTAURANT
An establishment whose principal business is the sale of food and/or beverages to customers in a
ready -to -consume state, where the sale of alcoholic beverages is incidental to the sale and
consumption of food, and where customers are served their food and beverages by a restaurant
employee for consumption:
A. At the same table or counter at which the food or beverages are served; or
B. Elsewhere within the building; or
C. Within a motor vehicle parked on the premises; or
D. Off the premises as carry -out orders.
RIGHT-OF-WAY, HIGHWAY OR ROAD
A strip of land owned or controlled by the Town government for the purpose of providing access to
abutting lots or for providing a bed for a future improved roadway. All Town rights -of -way are shown
on the Town of Ulysses Official Map. Unless otherwise indicated, all Town rights -of -way are 6o feet
wide.
ROAD
A street, avenue, lane, highway or other public way; a public right-of-way improved or intended to be
improved for traffic. A private drive is not considered to be a road.
ROAD, DEAD-END
A road or a portion of a road with only one vehicular traffic outlet.
ROAD, MAJOR
A road with the capacity to serve heavy flows of traffic and intended primarily as a route for traffic
between areas generating heavy volumes of traffic.
ROAD, MINOR
A road intended to serve primarily as an access to abutting properties.
ROAD PAVEMENT
The wearing or exposed surface of a roadway used by vehicular traffic.
ROADSIDE STAND
A temporary or permanent accessory structure, wagon or trailer, not exceeding 240 square feet in size,
for the purpose of retail sale of produce, baked goods and handicraft items to the public.
ROAD WIDTH
The width of a right-of-way, measured at right angles to the center line of the road.
SAUNA
A steam bath or heated bathing room used for the purposes of bathing and relaxation, with steam or
hot air used as a cleansing and relaxing agent.
SAWMILL, COMMERCIAL
A facility, generally operating on one or more full-time work shifts, five or more days per week,
constructed for the processing of timber logs into forestry products, such as milled lumber, cants,
treated posts, firewood and wood by-products, such as slab wood, wood chips, bark chips and
sawdust, and including planing and sizing facilities, kilns, storage yards and accessory maintenance
facilities incidental to sawmill operations.
SAWMILL, SMALL-SCALE
A facility for the processing of timber logs into forestry products, such as milled lumber, cants, treated
posts, firewood and wood by-products, such as slab wood, wood chips, bark chips and sawdust, and
which may include planing and sizing facilities, kilns, storage yards and accessory maintenance facilities
incidental to sawmill operations, but which is generally operated for the custom cutting of timber for
local craftsmen.
SELF-SERVICE STORAGE FACILITY
A building comprised of small self-contained units that are leased to individuals or businesses for the
storage of household or business goods and supplies.
SETBACK
The distance between any building on a lot or parcel of land and a property line. The highway right-of-
way shall be deemed a property line for the purpose of measuring setback.
SHOPPING CENTER
A number of businesses located on single parcel, or adjacent parcels under single ownership, or in
every case, adjacent parcels having shared access to a public thoroughfare.
SIDE YARD
See "yard, side"
SIGN
Any device, object or building facade or portion thereof that is used to advertise or call attention to a
place, business, person, event, product or service offered. For purposes of this chapter, posters,
banners, or other advertisements displayed from the interior of premises are not considered signs. For
the purposes of this chapter, no sign shall be placed on the roof of any structure or building.
SIGN, BUSINESS DIRECTIONAL
Any sign, not exceeding nine square feet per side in area, posted by a business along a public road or
highway for the purpose of guiding prospective customers to their location.
SIGN FACE
The surface or side of an outdoor advertising sign on which advertising for goods, services or places is
displayed, and including both the surface on which advertising is placed and any surrounding frame
and decorative trim.
SIGN, FREESTANDING
Any sign not affixed to a building.
SIGN, TEMPORARY
Any sign not designated or intended to be permanently anchored to the ground and designed and
intended to be capable of being transported over public roads and streets, whether or not it is
transported.
SITE PLAN
A plan for the development or use of one or more lots or parcels of land that is prepared and
presented to the Town for site plan review and consideration of approval pursuant to applicable
sections of this chapter.
SKIRTING
Siding that covers the area from the ground to the base of a manufactured home or porch, as defined
by New York State Residential Building Code, Appendix E, Section E503.[8]
SLOPE OVERLAY AREA
A. Area in Conservation and Lakeshore Districts where soils are highly erodible because of soil
characteristics and/or slope steepness. The slope overlay area consists of soils with the following
map unit symbol (with map unit name in parentheses): BtF (Bath, Valois, and Lansing soils, 35 to
60% slopes); HpE (Howard and Palmyra soils, 25 to 35% slopes); HsD3 (Hudson silty clay loam, 12
to 20% slopes, eroded); HuD (Hudson -Cayuga silt loams, 12 to 205/6 slopes); HzE (Hudson and
Dunkirk soils, 20 to 45% slopes); and Ro (Rock outcrop).
B. The soil survey for Tompkins County (1965) was classified and delineated using second order
mapping techniques at a scale that might not be adequate for site level evaluation. An applicant
may hire a professional soil scientist/classifier, certified by the American Society of Agronomy, to
complete a first order survey of the building site in order to determine the soil suitability for the
proposed type of land disturbance.
STABLE, COMMERCIAL
A facility where one or more horses are kept for riding, driving, training, breeding or sale, or are
boarded for a fee, including indoor and outdoor riding arenas and paddocks, and where more than
50% of feed, bedding and other supplies are produced at off -premises locations, and manure and
other wastes are disposed of off -premises.
STORAGE FACILITY, SELF-SERVICE
See "self-service storage facility."
STREAM
A watercourse that carries water for six months or more throughout a year. The edge of the stream is
the bank of the stream or the edge of the embankment if the stream is more than io feet below grade.
TAVERN
See "bar."
TEMPORARY BUILDING
A structure used for office, sales, storage or fabrication activities related to the development of a site
for residential purposes, that is placed on a lot or tract of land for a period of not more than one year
except upon receipt of a special permit.
TOURIST COURT
See "motel.."191
TREE
A living woody plant with an erect perennial trunk greater than four inches in diameter at breast height
with a definitely formed crown of foliage and a total height of at least 13 feet from the ground.
UNIQUE NATURAL AREA (UNA)
Designated by the Tompkins County Environmental Management Council, an area of outstanding
environmental qualities that deserves special attention for preservation in its natural state.
WAREHOUSE
A building used primarily for storage of goods and materials, also referred to as "wholesale distribution
center or truck terminal."
WHOLESALE DISTRIBUTION CENTER
See "warehouse"
WRECKING YARD
See "junkyard."
YARD
The unoccupied space, open to the sky, within a lot containing one or more buildings.
YARD, FRONT
The land between the public highway right-of-way and the front line of the principal building on a lot
and extending to the side lot lines of the lot. In the case of lots that bound on a lake shore, the land
between the published mean high-water line and the principal building and extending to the side lot
lines of the lot.
YARD, REAR
The land between the rear lot line of a lot and the rear line of the principal building on a lot and
extending to the side lot lines of the lot.
YARD, SIDE
The land between the principal building and the side lot lines of a lot, and extending through from the
front yard to the rear yard.
ZONING DISTRICT
A portion of the territory of the Town of Ulysses shown on the Zoning Map and designated for a
specific land use or uses, and within which certain yards and open spaces are required and certain
height limits are established for buildings, as provided for in this chapter.
ZONING OFFICER
The person or their designee appointed by the Town Board and charged with the authority and
responsibility for enforcing the provisions of this chapter and the decisions of the Board of Zoning
Appeals.
[1 ] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
[2] Editor's Note: The former definition ofcaterer,' which immediately followed this definition, was repealed at
time of adoption of Code (see Ch. i General Provisions, Art. n.
[3] Editor's Note: The former definition ofcondominium,' which immediately followed this definition, was
repealed at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
[4] Editor's Note: Added at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
[5] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. �.
[6] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n. The former
definition of 'feedlot,' which immediately followed this definition, was repealed at time of adoption of Code
(see Ch. 7, General Provisions, Art. n.
[7] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
[8] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. �.
[9] Editor's Note: The former definition oftownhouse,' which immediately followed this definition, was
repealed at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
Article V. Al — Agricultural District
§ 212-23. Purpose.
The purpose of the Ai —Agricultural District is to protect the agricultural production resources of the Town
of Ulysses as seen today in viable agricultural operations and the agricultural heritage of the Town as seen
today in the variety of land uses and the openness of agricultural fields.
§ 212-24. Right to farm.
In the Ai —Agricultural District, agriculture shall be the primary land use. Within the district any agricultural
practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture
and Markets pursuant to Article 25-AA, § 308, including, but not limited to, practices necessary for on -farm
production, preparation and marketing of agricultural commodities, such as the operation of farm
equipment; proper use of agricultural chemicals and other crop protection methods; direct sale to
consumers of agricultural commodities or foods containing agricultural commodities produced on -farm;
and construction and use of farm structures, shall not constitute a private nuisance.
§ 212-25. Permitted uses.
In the Ai —Agricultural District, no building or structure shall be erected, altered or extended, and no land or
building thereof shall be used for any purpose or purposes other than the following:
A. Agriculture.
B. Commercial stables, subject to the standards set forth in Article XX, § 212-138.
C. Flag lots, subject to the standards set forth in Article XX, § 212-130.
D. Roadside stands, subject to the standards set forth in Article XX, § 212-135•
E. Single-family residences and their accessory structures.
F. Two-family residences and their accessory structures.
G. Farm labor housing as regulated by the New York State Uniform Code. These residences shall be
located on the same farm operation where other farm structures are located. Each dwelling must be a
minimum of 56o square feet. A simplified site plan review for siting considerations shall be required for
more than two units. The Town may require a notarized statement from the property owner to certify
that the occupants in the farm labor housing are employed on the farm.
H. Temporary buildings as defined in Article IV.
§ 212-26. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses, as well as the following:
A. Bed -and -breakfast establishments, subject to the standards for parking, outdoor lighting and signs set
forth in Article XX.
B. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
C. Customary home occupations, conducted solely by residents of the dwelling.
D. Elder cottages, subject to the provisions of Article XX, § 212-128.
E. Family adult care.
F. Family child care.
G. Adult care groups.
H. Home occupations.
Lodges.
J. Professional offices where such office is part of the residence building and no more than three
persons not residing on the premises are employed.
K. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122E.
§ 212-27. Uses allowed by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board, subject to the design
standards set forth in relevant sections of Article XX:
A. Airstrips, private.
B. Cemeteries as regulated by New York State, and the buildings and structures incidental to cemetery
operations.
C. Churches, mosques, synagogues, temples and other places of worship, convents, rectories, parish
houses.
D. Communication transmission towers and telecommunications facilities, subject to the provisions of
Article XXII.
E. Cottage industry.
F. Small-scale sawmills subject to the provisions of Article XX, § 212-i36.
§ 212-28. Uses allowed by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-i8, subject to
the standards set forth in relevant sections of Article XX:
A. Agricultural commerce when constructing a new building or adding an addition to an existing building
that is greater than 50% of the existing building foot print, subject to site plan approval pursuant to
Article III, § 212-i9, and the provisions of Article XX, § 212-i39.
B. Airports.
C. Animal confinement regulated by confined or concentrated animal feeding operation (CAFO).
D. Animal processing structures.
E. Group campgrounds subject to the provisions of Article XX, § 212-127.
F. Campgrounds, overnight subject to the provisions of Article XX, § 212-i27.
G. Fire stations and other public buildings necessary for the protection or servicing of a neighborhood.
H. Hunting clubs.
I. Kennels.
J. Public and private schools, nursery schools and institutions of higher education, including dormitory
accommodations.
K. Regional parks and preserves.
L. Golf courses, except miniature golf courses operated on a commercial basis, upon approval of the
Town Board.
§ 212-29. Lot area and yard requirements.
A. There shall be no more than two residential buildings on any lot in the Ai — Agricultural District.
B. Minimum lot area shall be two acres.
C. Minimum lot width at front lot line shall be 400 feet.
D. Minimum lot depth shall be 200 feet.
E. Minimum front yard setback shall be 75 feet.
F. Minimum side yard setbacks shall be 3o feet.
G. Minimum rear setback shall be 75 feet.
H. Maximum building height for any nonagricultural building or structure shall be 32 feet above average
grade measured at the building perimeter.
Maximum lot coverage shall be 5% of the lot area.
J. In the case of a lodge, the capacity of said facility shall be no more than one overnight guest for each 15
acres of land encompassed by the parcel on which the lodge is located.
Article VI. A2 — Special Agricultural District
§ 212-30. Purpose.
The purpose of the A2—Special Agricultural District is to encourage the continuing tradition of annual
agricultural fairs, which are an integral part of the Town's heritage, as well as other cultural and civic events,
displays, exhibitions and entertainment events that occur within the typical fairgrounds complex.
§ 212-31. Permitted uses.
In the A2—Special Agricultural District, no building or structure shall be erected, altered or extended, and
no land or building thereof shall be used for any purpose or purposes other than the following:
A. Accessory building.
B. Agriculture.
C. Animal training.
D. Athletic competition.
E. Auctions, flea markets, craft fairs and merchandise sale of a temporary nature.
F. Circuses.
G. Commercial stables.
H. Communication transmission towers and telecommunications facilities, subject to the provisions of
Article XXII.
Concerts, dramas, plays, religious events and revivals, variety shows and other forms of live
entertainment.
J. Day camps and supervised youth programs, community -sponsored programs, reunions and other
public and private assemblies.
K. Fairs and agricultural, horticultural and animal husbandry displays, exhibitions and competitions.
L. Any legal form of racing.
M. Industrial, merchandise and arts and crafts displays, exhibitions and competitions.
N. Racing and other events that utilize motorized or otherwise self-propelled vehicles, except during
weekdays from 7:3o a.m. to 5:00 p.m. during the school calendar year.
O. Temporary occupancy by motor homes, campers and tent dwellings, provided that such dwellings are
for the use of vendors, competitors, participants and employees of an event on the grounds.
§ 212-32. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Signs as regulated under Article XX.
B. Temporary buildings as defined in Article IV.
§ 212-33. Lot area and yard requirements.
A. Minimum lot area shall be 25 acres.
B. Minimum lot width at the front lot line shall be i,000 feet.
C. Minimum lot depth shall be 200 feet.
D. Minimum front yard setback to any permanent structure shall be 30 feet.
E. Minimum side yard setbacks shall be 15 feet, or 25 feet if parallel to a public road.
F. Minimum rear setback shall be 35 feet.
G. Maximum building height for any nonagricultural building or structure, including tents, shall be 32 feet
above average grade measured at the building perimeter.
H. Maximum lot coverage by permanent structures shall be 7.5% of the lot area.
§ 212-34. Buffer areas.
No buildings or other structures, or parking areas, shall be located within ioo feet from a stream edge or
any wetland as defined by state or federal law. With the exception of stream crossings, no roadways shall be
located within 50 feet from a stream edge or any wetland as defined by state or federal law.
Article VII. Ri — Rural Residence District
§ 212-35. Purpose.
The purpose of the Ri—Rural Residence District is to provide for opportunities for low -density residential
development. Development densities when combined with cluster residential subdivision development
options have the potential for providing for attractive rural homes while preserving important open space
resources consistent with the Ulysses Comprehensive Plan, and the goals of organized and logical growth,
increased employment opportunities and an increased tax base.
§ 212-36. Permitted uses.
In the Rural Residence District, no building or structure shall be erected, altered or extended, and no land or
building thereof shall be used for any purpose or purposes other than the following:
A. Agriculture.
B. Flag lots, subject to the standards set forth in Article XX, § 212-130.
C. Single-family residences and their accessory structures.
D. Two-family residences and their accessory structures.
§ 212-37. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Bed -and -breakfast establishments.
B. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
C. Communication transmission towers and telecommunications facilities, subject to the provisions of
Article XXII.
D. Elder cottages, subject to the provisions of Article XX, § 212-128.
E. Family adult care.
F. Family child care.
G. Home occupations.
H. Professional offices where such office is part of the residence property and no more than three
persons not residing on the premises are employed.
I. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122E.
J. Roadside stands, subject to the provisions of Article XX, § 212-135•
K. Temporary buildings, as defined in Article IV.
§ 212-38. Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board and subject to the design
standards set forth in relevant sections of Article XX:
A. Adult care centers.
B. Cemeteries and the buildings and structures incidental to cemetery operations.
C. Child-care centers.
D. Churches, mosques, synagogues, temples and other places of worship, convents, rectories, parish
houses.
E. Community centers.
F. Fraternal organizations and the clubhouse, hall, post, temple and other facilities associated with the
activities of the organization, except that the on -premises sale of alcoholic beverages is prohibited.
G. Libraries, museums.
H. Residential care/assisted living/rehabilitation facilities.
Commercial stables, subject to the provisions of Article XX, § 212-138.
§ 212-39. Uses allowed by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-18, subject to
the design standards set forth in relevant sections of Article XX:
A. Group campgrounds, upon approval of the Town Board and subject to the provisions of Article XX,
§ 212-127.
B. Campgrounds, overnight subject to the provisions of Article XX, § 212-127.
C. Campgrounds, seasonal subject to the provisions of Article XX, § 212-127.
D. Fire stations and other public buildings necessary for the protection or the servicing of a
neighborhood, upon approval of the Town Board.
E. Golf courses, except miniature golf courses operated on a commercial basis, upon approval of the
Town Board.
Public and private schools, nursery schools, institutions of higher education, including dormitory
accommodations, upon approval of the Town Board.
G. Public and private community parks, regional parks and preserves, upon approval of the Town Board.
§ 212-40. Lot area and yard requirements.
A. There shall be no more than two principal buildings on any lot in the Ri—Rural Residence District;
provided, however, that there shall be no less than 3o feet between said principal buildings.
B. Minimum lot area shall be two acres.
C. Minimum lot width at the front lot line shall be 25o feet. In the case of lots with frontage on a lake,
minimum lot width shall be measured at the front yard setback opposite the side fronting on the lake.
D. Minimum lot depth shall be 250 feet.
E. Minimum front yard setback shall be 50 feet.
F. Minimum side yard setbacks shall be 15 feet, except for a corner lot fronting on two public streets,
where the minimum yard setback for the side yard adjacent to the street or road shall be 25 feet.
G. Minimum rear setback shall be 35 feet, except in the case of a lot bounding on a lake, where the
minimum setback from the lake shall be 50 feet.
H. Maximum building height for any nonagricultural building or structure shall be 32 feet above average
grade measured at the building perimeter.
Maximum lot coverage shall be 5% of the lot area.
J. The above notwithstanding, in the case of a lot with frontage on a lake, accessory uses such as
boathouses, pump houses, docks, piers, boat ramps, patios, decks and other facilities typically
associated with water -oriented recreational pursuits are permitted within the front yard setback area
fronting on the lake; provided, however, that they are located outside the required side yard setback
areas.
§ 212-41. Buffer areas.
No buildings or other structures, or parking areas, shall be located within 50 feet from a stream edge or any
wetland as defined by state or federal law.
Article VIII. R2 — Moderate -Density Residence District
§ 212-42. Purpose.
The purpose of the R2—Moderate-Density Residence District is to provide for moderate -density residential
development in areas served by public water and/or public sewerage. Development densities when
combined with cluster residential subdivision development options have the potential for providing for
attractive, quality neighborhoods while preserving important open space resources consistent with the
Ulysses Comprehensive Plan and the goals of organized and logical growth, increased employment
opportunities and an increased tax base.
§ 212-43. Permitted uses.
In the R2—Moderate-Density Residence District, no building or structure shall be erected, altered or
extended, and no land or building thereof shall be used for any purpose or purposes other than the
following:
A. Agriculture.
B. Flag lots, subject to the standards set forth in Article XX, § 212-130.
C. Single-family residences and their accessory structures.
D. Two-family residences, provided the second dwelling is contained in the principal building and their
accessory structures.
§ 212-44. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Bed -and -breakfast establishments.
B. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
C. Home occupations.
D. Elder cottages, subject to the provisions of Article XX, § 212-128.
E. Family adult care.
F. Family child care.
G. Professional offices where such office is part of the residence building and no more than three
persons not residing on the premises are employed.
H. Noncommercial gardens and home nurseries.
Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122E.
J. Roadside stands, subject to provisions of Article XX, § 212-135•
K. Temporary buildings as defined in Article IV.
§ 212-45. Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board pursuant to Article III,
§ 212-19, subject to the design standards set forth in relevant sections of Article XX:
A. Adult care centers.
B. Cemeteries and the buildings and structures incidental to cemetery operations.
C. Child-care centers, group child care.
D. Churches, mosques, synagogues, temple and other places of worship, convents, rectories, parish
houses.
E. Community centers.
F. Fraternal organizations and the clubhouse, hall, post, temple and other facilities associated with the
activities of the organization, except that the on -premises sale of alcoholic beverages is prohibited.
G. Libraries, museums.
H. Life care facilities.
Nursing homes.
J. Residential care/assisted living/rehabilitation facilities.
§ 212-46. Uses allowed by special permit.
The following uses are allowed upon approval pursuant to Article III, § 212-18, subject to the design
standards set forth in relevant sections of Article XX:
A. Fire stations and other public buildings necessary for the protection or servicing of a neighborhood,
upon approval of the Town Board.
B. Golf courses, except miniature golf courses operated on a commercial basis, upon approval of the
Town Board.
C. Public and private schools, nursery schools, institutions of higher education, including dormitory
accommodations, upon approval of the Town Board.
D. Public and private community parks and preserves, upon approval of the Town Board.
§ 212-47. Lot area and yard requirements.
A. There shall be no more than one principal building on any lot in the R2—Moderate-Density Residence
District.
B. In areas where public water or sewer service is available, the minimum lot area shall be 32,000 square
feet.
C. In areas where public water or sewer service is not available, the minimum lot area shall be one acre or
a size as regulated by the Tompkins County Health Department.
D. Minimum lot width at front lot line shall be 16o feet.
E. Minimum lot depth shall be 200 feet.
F. Minimum front yard setback shall be 50 feet.
G. Minimum side yard setbacks shall be 15 feet, except for a corner lot fronting on two public streets
where the minimum yard setback for the side yard adjacent to the street shall be 25 feet.
H. Minimum rear setback shall be 35 feet.
Maximum building height for any building or structure shall be 32 feet above average grade measured
at the building perimeter.
J. Maximum lot coverage shall be 7.5% of the lot area.
§ 212-48. Buffer areas.
No buildings or other structures, or parking areas, shall be located within 50 feet from a stream edge or any
wetland as defined by state or federal law.
Article IX. LS — Lakeshore District
§ 212-49. Purpose.
A. The purposes of the Lakeshore District are:
(i) To protect the fragile environment of the lakeshore, that area east of State Route 89 to the center
line of Cayuga Lake, in accordance with the Town of Ulysses Comprehensive Plan (2009);
(2) To provide a regulatory framework through which development can occur with minimal
environmental impact; and
(3) To develop design standards for houses and accessory structures that create a harmonious effect
for the natural environment and the residents.
B. In particular, the following are important aspects or considerations for the Lakeshore District:
(1) Among the important natural and ecological features of the Lakeshore District are steep slopes,
mature forests, fragile cliffs, tributaries, and seasonal streams feeding into Cayuga Lake.
(2) In recognition of their natural and ecological significance, several areas of the Lakeshore District
have been designated as unique natural areas by the Tompkins County Environmental
Management Council.
(3) The Town has designated a slope overlay area, which recognizes six soil types that when disturbed
are significantly erodible and unstable based on their characteristics and slope steepness (see
Article IV, Terminology).
C. Nothing in these regulations is intended to require or permit activities which contravene any laws,
rules, or regulations or permits of the United States or New York State, or any agency thereof, nor are
any of the provisions intended to supersede any requirements for obtaining any permits or approvals
required by the United States or New York State, or any agency thereof.
§ 212-50. Permitted uses.
A. Only the following buildings or uses are permitted in this district, and site plan approval, pursuant to
the provisions of Article III, § 212-19, is required in unique natural areas and slope overlay areas:
(1) Single-family residences and their accessory buildings.
(2) Two-family residences and their accessory buildings.
(3) Any municipal or public utility purpose necessary to the maintenance of utility services except
that substations and similar structures shall be subject to the same setback requirements that
apply to residences.']
[i] Editor's Note: Original § 9.28, regarding land disturbance activities, which immediately followed
this subsection, was repealed at time of adoption of Code (see Ch. i, General Provisions, Art. 0.
§ 212-51. Permitted accessory uses.
A. The following are permitted accessory uses, which are customarily incidental to the permitted uses
listed above in § 212-50:
(1) Accessory buildings, as defined in Article IV and subject to provisions of Article XXIV, § 2i2-i67.
(2) Elder cottage, subject to the provisions of Article XX, § 212-128.
(3) Open -sided elevators/lifts.
(4) Temporary buildings, as defined in Article IV.
Site plan approval, pursuant to the provisions of Article III, § 212-19, is required in unique natural areas
and slope overlay areas for the permitted accessory uses listed in this section.
C. Permitted accessory uses without site plan approval. Such uses as are customarily incidental to the
permitted uses listed above in this article, § 212-50.
(1) Business directional signs, subject to the limitations set forth in Article XX, § 2i2-i22D.
(2) Home occupations, where no more than one person residing off the premises is employed.
§ 212-52. Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board and subject to the design
standards set forth in relevant sections of Article XX:
A. Adult care, family.
B. Agriculture.
C. Bed -and -breakfast operations where such is part of the residence.
D. Child care, family.
E. Professional offices where:
(i) Such office is part of the residence property; and
(2) No more than three persons residing off the premises are employed on site.
§ 212-53. Uses allowed by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-18, subject to
the design standards set forth in relevant sections of Article XX and site plan review by the Planning Board:
A. Fire stations or other public buildings necessary to the protection of or servicing of a neighborhood.
B. Restaurants.
C. Public or nonprofit owned boat launching site, swimming beach, picnic area.
D. Public or nonprofit owned park or playground, including accessory buildings and improvements.
§ 212-54. Lot area and yard requirements.
A. Number of principal buildings per lot: two single-family residences or one two-family residence.
B. Minimum lot area shall be two acres for lakeshore lots and five acres for non-lakeshore lots.
C. Minimum lot width at the mean high-water elevation (MHWE) shall be 250 feet and minimum lot width
at the road frontage shall be 250 feet for all non -flag lots.
D. Minimum lot depth shall be 250 feet for lakeshore lots and 450 feet for non-lakeshore lots.
E. Minimum setback, front and rear, shall be So feet from the highway right-of-way, and So feet where the
lot abuts the lake; the MHWE shall be used for setback measurement. Docks, boat hoists, and boat
ramps are permitted within the setback area.
F. Minimum side yard setbacks shall be 15 feet, except for a corner lot fronting on two public streets,
where the minimum yard setback for the side yard to the street or road shall be 25 feet.
G. Maximum building height for the principal dwelling shall be 32 feet above average grade measured at
the building perimeter.
H. Maximum lot coverage for all building footprints shall be 5% of the lot area. For lots with single-family
and two-family residences, lot coverage calculations do not include driveways, walkways, or parking
areas.
I. Minimum setback from a permanent or impermanent stream or wetland edge for any structure or
parking area shall be 25 feet for impermanent streams and 50 feet for permanent streams, except in
unique natural areas where the setback to any stream shall be 75 feet.
J. No parking areas shall be constructed within 50 feet of the MHWE.
K. Flag lots shall meet minimum lake frontage (250 feet) and lot area (two acre) requirements. Lot area
excludes the pole. The pole shall connect to the road, not the lake. Non-lakeshore flag lots shall meet
minimum lot area (five acres) excluding the pole. See Article XX, Design Standards, § 212-130.
L. The above notwithstanding, in the case of a lot with frontage on the lake, accessory uses such as pump
houses, docks, boat ramps and boat hoists typically associated with water -oriented recreational
pursuits are permitted within the front yard setback area fronting on the lake; provided, however, that
they are located outside of the required side yard setback areas and conform to the regulations or
permits of the United States or New York State.
M. For the purposes of cluster development on a Lakeshore lot, one dwelling unit will be allowed per 150
feet of lake frontage.
Lot Area and Yard Requirements Summary
Requirement
Lakeshore
Non-lakeshore
Lot coverage, maximum (percent)
5
5
Building height, maximum (feet)
32
32
Lot area, minimum (acres)
2
5
Lakeshore frontage, minimum (feet)
250
Not applicable
Lot width at road frontage, minimum (feet)
250
250
Lot depth, minimum (feet)
250
450
Setback from lakeshore, minimum, measured
50
Not applicable
from MHWE (feet)
Setback from road or rear property line (feet)
50
50
Side yard setback, minimum (feet)
15
15
Structure or parking area setback from
25/50
25/50
impermanent/permanent stream or wetland
edge (not in unique natural area), minimum
(feet)
Structure or parking area setback from any
75
75
stream or wetland edge in unique natural area
and slope overlay areas, minimum (feet)
§ 212-55. Design standards.
In the event of any conflict between the provisions of this § 212-55 and other provisions of this chapter, the
provisions of this section shall prevail.
A. Streams.
(i) Permanent and impermanent streams are, and wetlands may become, prominent features of the
Lakeshore District and the condition of these water bodies directly affects the health of Cayuga
Lake and the various creatures that depend on the water for sustenance. As such, it is the intent
of these Lakeshore District regulations to ensure the continued preservation and health of these
many Cayuga Lake tributaries for current and future generations.
(2) For the purposes of this section, the area of a wetland is defined by both state and federal
governing regulations. Buffer areas apply to federally protected wetlands greater than o.1 acre.
(3) Requirements.
(a) To the extent possible, permanent and impermanent streams shall be protected from
sediment, effluent, sewage, and driveway runoff.
(b) Diverting or altering the course of permanent or impermanent streams shall be prohibited,
except where a NYSDEC permit is obtained in advance of starting work.
(c) Unless otherwise authorized by the Planning Board or state or federal agency, no
disturbance as listed previously in this section shall be located within ioo feet of any
wetland.
(d) During the site plan approval process where there is evidence of a wetland, the Planning
Board may require a wetland delineation study to determine potential impacts of
development on said wetland.
(4) Recommendations.
(a) Plowing of salt laden snow from driveways into streams should be avoided.
(b) The proximity of docks to mouths of tributaries should consider natural variation in stream
boundary location so as to not interfere with stream flow over time.
(c) Stream bank vegetation should be encouraged to minimize erosion. Where necessary,
stream banks should be replanted with native species.
(d) Flow of water in Cayuga Lake tributaries should not be impeded by human -made structures
in or spanning streams.
B. Vegetation and landscape.
(1) The intent of the Town of Ulysses is to preserve and encourage vegetation, especially noninvasive
trees and shrubs, in the Lakeshore District in order to prevent erosion, sedimentation of the lake
and streams, and maintain the rural, scenic nature of the Town. The intent of this section is to
encourage landowners in this district to preserve and encourage vegetation for the benefit of
current and future residents of the Town.
(2) The intent of the Town of Ulysses is to preserve the natural features of the Lakeshore District
and, as such, to allow development that uses mechanisms that minimize disruption of the current
ecological balance. The Zoning Officer and Planning Board shall review all development with the
following guidelines when reviewing a site plan for approval.
(3) Requirements. Tree removal, except clear -cutting, is allowed in the Lakeshore District outside of
unique natural areas or slope overlay areas. Tree removal is allowed in the Lakeshore District in
the unique natural areas or slope overlay areas according to the following terms and conditions:']
(a) Without Town approval: a tree or trees whose location and conditions combine to make it a
threat to human life or property.
(b) With the approval of the Zoning Officer and the possession of a valid building permit: those
trees that are in the footprint of a construction site, septic system, parking areas, and the
driveway access.
(c) Clear -cutting of forest stands for any use other than necessary minimal clearing for the
requirements of a building project is prohibited.
(d) In unique natural areas or slope overlay areas, a woodland management plan shall be filed
with and approved by the Zoning Officer and/or the Town's consulting forester for multiple
trees removed for the landowner's firewood or lumber use, and for forest management and
forest improvement. A woodland management plan shall be prepared by a professional
forester with Society of American Foresters certification or by a cooperating consulting
forester with the New York State Department of Environmental Conservation.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
(4) Recommendations.
(a) In areas outside of unique natural areas and slope overlay areas, a woodland management
plan is recommended when removing multiple trees for the landowner's firewood or lumber
use and for forest management and forest improvement.
(b) Existing noninvasive vegetation should be maintained to the extent practicable to minimize
runoff.
(c) Buffer areas proximal to water bodies are to be promoted using noninvasive plants to
protect water resources.
(d) Removal of trees for the purpose of expanding a view is discouraged.
(e) Removal of trees for the purpose of expanding sunlight exposure is discouraged.
(f) Native plants should be encouraged, especially shrubs and trees that produce edible fruit
and nuts for wildlife.
(g) Removal of invasive plants (garlic mustard, swallowwort, barberry, honeysuckle, buckthorn,
multiflora rose, Russian olive and Norway maple, etc.) is encouraged so long as this effort
does not contribute to significant soil disturbance or erosion.
(h) Wildlife habitats, biological corridors, contiguous forests, and open space linkages should be
encouraged and preserved.
(i) Dead trees that do not pose a threat to life, property or a healthy forest should be left to
provide wildlife habitat for both birds and animals.
(j) New development should not compromise scenic views, in particular viewing points from
adjacent roads and trails.
(k) Regrading should blend in with the natural contours and undulations of the land.
(1) Buildings proposed to be located within significant viewing areas should be screened and
landscaped to minimize their intrusion on the character of the area.
(m) Building design should harmonize with the natural setting.
(n) Building materials should harmonize with their natural setting and be compatible with
neighboring land uses.
C. Soil and sediment control.
(i) A structure or parking area shall have a minimum setback to permanent and impermanent
streams of 50 feet and 25 feet, respectively, as measured from the top edge of the slope rising
from the bank of the stream. See § 212-124B of this chapter.
(2) On sites within the slope overlay area or unique natural area, there shall be no excavation, grading
or filling without the submission to the Zoning Officer of an excavation, fill, and grading permit.
Excavation, grading or filling of more than to cubic yards is subject to site plan approval. The
Planning Board may seek recommendations from the Town Engineer, and the associated cost
shall be paid for by the applicant. This provision is not applicable to projects with a valid permit
from a county, state, or federal agency; nor is it applicable to any projects with current site plan
approvalP]
[2] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
(3) In addition to the requirements of this article, any construction, grading, or other activities shall
be conducted in accordance with any federal, state, or other local law or requirement pertaining
to such activity, including, but not limited to, any requirements of the New York State Department
of Environmental Conservation and the United States Army Corps of Engineers.
(4) Roads and driveways should follow existing contours to the extent practicable to minimize
erosion from cuts and fills.
D. Driveways and parking.
(i) Requirements.
(a) For new impervious surfaces proposed for driveways, parking areas, or walkways in unique
natural areas or slope overlay areas, site plan review procedures shall be followed, and the
Planning Board may seek recommendations from a licensed engineer selected by the Town
and paid for by the applicant.
(b) For safety purposes, parking areas shall be designed and built to avoid the necessity for
drivers to back their vehicles onto Route 89.
(2) Recommendations.
(a) Semipervious and pervious surfaces for driveways and parking areas are encouraged to
minimize runoff and erosion.
(b) Driveways and parking areas should be designed to include a combination of pervious and
impervious surface materials as needed to provide for safe passage of traffic and to
minimize the total area of impervious surface, which would contribute to runoff.
(c) Driveways and parking areas should follow contour lines of the land as much as possible.
(d) Excavation and regrading of slopes for parking areas should be minimized.
§ 212-56. Limitations on subdivision of parent tracts.
Any tract or parcel of land in common contiguous ownership at the time of the creation of the this district
(December 2013), subject to other normally applicable subdivision laws and regulations, hereafter may be
subdivided to create up to and not more than three lots.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
Article X. CD — Conservation District
§ 212-57. Purpose.
A. The purposes of the Conservation District are:
(i) To preserve the outstanding natural features in the Town of Ulysses in accordance with the Town
of Ulysses Comprehensive Plan (2009);
(2) To provide a regulatory framework through which development can occur with minimal
environmental impact;
(3) To preserve existing areas of contiguous open space, prevent destruction of natural areas,
preserve existing and potential agricultural land, and promote mechanisms that protect these
areas, such as enlarged stream buffer areas, conservation easements, and deed restrictions when
considering any future land development; and
(4) To preserve the scenic beauty of the area to promote tourism as an important benefit to the
Town of Ulysses.
B. In particular, the following are important aspects or considerations for the Conservation District:
(1) Among the natural values and ecological importance of this area are the mature forest, plant and
wildlife habitat, numerous streams, and natural character. The Conservation District contains
large areas of steep slopes, wetlands, and highly erodible soil, where any future development may
have an adverse environmental impact on both the land and Cayuga Lake.
(2) In recognition of its natural and ecological significance, several large areas of the Conservation
District have been designated as unique natural areas by the Tompkins County Environmental
Management Council.
(3) The Town has designated a slope overlay area, which recognizes six soil types that when disturbed
are significantly erodible and unstable based on their characteristics and slope steepness (see
Article IV, Terminology).
C. Nothing in these regulations is intended to require or permit activities which contravene any laws,
rules, or regulations or permits of the United States or New York State, or any agency thereof, nor are
any of the provisions intended to supersede any requirements for obtaining any permits or approvals
required by the United States or New York State, or any agency thereof.
§ 212-58. Permitted uses.
A. Only the following buildings or uses are permitted in this district, and site plan approval, pursuant to
the provisions of Article III, § 212-19, is required in unique natural areas and slope overlay areas:
(1) Agriculture.
(2) Single-family residences and their accessory structures.
(3) Two-family residences and their accessory structures.
(4) Two unattached single-family residences and their accessory buildings where there is a minimum
lot size of to acres.
(5) Any municipal or public utility necessary to the maintenance of utility services except that
substations and similar structures shall be subject to the same setback requirements that apply to
residences.']
[i] Editor's Note: Original § 70.28, regarding land disturbance activities, which immediately followed
this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
§ 212-59. Permitted accessory uses.
A. Only the following are permitted accessory uses, which are customarily incidental to the permitted
uses listed above in § 212-58:
(i) Accessory buildings, as defined in Article IV and subject to the provisions of Article XXIV, § 212-
167.
(2) Adult care, family.
(3) Bed -and -breakfast establishments.
(4) Child care, family.
(5) Elder cottage, subject to the provision of Article XX, § 212-128.
(6) Professional offices where such office is part of the residence property and no more than three
persons residing off the premises are employed on site.
(7) Roadside stands, subject to the provisions of Article XX, § 212-i35•
(8) Temporary building, as defined in Article IV.
B. Site plan approval, pursuant to the provisions of Article III, § 212-i9, is required in unique natural areas
and slope overlay areas for the permitted accessory uses listed in this section.
C. Permitted accessory uses without site plan approval. Such uses as are customarily incidental to the
permitted uses listed above in this Article X, § 212-58.
(1) Business directional signs, subject to the limitations set forth in Article XX, § 2i2-i22D.
(2) Home occupation where no more than one person residing off the premises is employed.
§ 212-6o. Uses allowed by special permit.
The following uses are allowed upon approval pursuant to Article III, § 212-i8, subject to the design
standards in the Conservation District and site plan review by the Planning Board:
A. Museums and nature centers.
B. Public and private community parks, regional parks and preserves.
C. Residential care/assisted living.
D. Restaurants.
E. Bicycle/ski rental business.
§ 212-61. Lot area and yard requirements.
A. There shall be no more than two principal buildings on any lot in the Conservation District where the
lot size is less than io acres. Principal buildings shall be no less than 30 feet apart. No elder cottage
may be placed on a lot with two existing principal buildings.
B. Minimum lot area for one principal building shall be five acres.
C. Minimum lot width at front lot line shall be 400 feet.
D. Minimum lot depth shall be 450 feet.
E. Minimum front yard setback shall be 75 feet.
F. Minimum side yard setback shall be 50 feet.
G. Minimum rear yard setback 50 feet.
H. Maximum building height shall be 32 feet above average grade measured at the building perimeter or
as determined by the Planning Board when slope exceeds 15%. It is within the discretion of the
Planning Board whether or not to allow any building on slopes greater than 25%.
I. The maximum footprint of all buildings shall be 4,000 square feet except buildings used for agricultural
purposes as defined by NYS Department of Agriculture and Markets.
J. Driveways and parking areas may be considered a building as part of the lot coverage requirements at
the discretion of the Planning Board.
K. Flag lots are permitted, subject to the standards set forth in Article XX, § 212-130.
L. Accessory buildings shall not occupy the front yard, except for roadside stands (subject to provisions
of Article XX, § 212-135), and a garage may be attached to the front of a house.
§ 212-62. Design standards.
In the event of any conflict between the provisions of this § 212-62 and other provisions of this chapter, the
provisions of this section shall prevail.
A. Stream and wetland setbacks.
(1) Permanent and impermanent streams and wetlands are prominent features of the Conservation
District, and the condition of these water bodies directly affects the health of Cayuga Lake and
the fauna that depend on the water for sustenance. As such, it is the intent of these Conservation
District regulations to ensure the continued preservation and health of these many Cayuga Lake
water resources for current and future generations.
(2) For the purposes of this section, wetlands are defined by both state and federal governing
regulations. Buffer areas apply to federally protected wetlands greater than o.1 acre.
(3) No buildings, structures, paved areas, or storage of construction equipment or machinery shall be
located within the following buffer areas: 50 linear feet of the bank of any permanent or
impermanent stream and ioo feet of any wetland. These buffer areas may be increased by up to
50% should the Planning Board determine that such an increase is necessary to protect water
quality or to minimize the impacts of erosion and sedimentation.
(4) During the site plan approval process where there is evidence of a wetland, the Planning Board
may require a wetland delineation study to determine the exact boundaries and to evaluate
potential impacts of development on said wetland.
B. Vegetation and landscape.
(i) The intent of the Town of Ulysses is to preserve and encourage vegetation, especially noninvasive
trees and shrubs, in the Conservation District in order to prevent erosion, sedimentation of the
lake and streams, and maintain the rural, scenic nature of the Town.
(2) The intent of this section is to encourage landowners in this district to preserve and encourage
vegetation for the benefit of current and future residents of the Town.
(3) The intent of the Town of Ulysses is to preserve the natural features of the Conservation District
and, as such, to allow development that uses mechanisms that minimize disruption of the current
ecological balance. The Zoning Officer and Planning Board shall review all development with the
following guidelines when reviewing a site plan for approval.
(4) Requirements. Tree removal, except clear -cutting, is allowed in the Conservation District outside
of unique natural areas or slope overlay areas. Tree removal is allowed in the Conservation District
in the unique natural areas or slope overlay areas according to the following terms and
conditions:']
(a) Without Town approval: a tree or trees whose location and conditions combine to make it a
threat to human life or property.
(b) With the approval of the Zoning Officer and the possession of a valid building permit: those
trees that are in the footprint of a construction site, septic system, parking areas, and the
driveway access.
(c) Clear -cutting of forest stands for any use other than necessary minimal clearing for the
requirements of a building project is prohibited.
(d) In unique natural areas or slope overlay areas, a woodland management plan shall be filed
with and approved by the Zoning Officer and/or the Town's consulting forester for multiple
trees removed for the landowner's firewood or lumber use, and for forest management and
forest improvement. A woodland management plan shall be prepared by a professional
forester with Society of American Foresters certification or by a cooperating consulting
forester with the New York State Department of Environmental Conservation.
L, ] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
(5) Recommendations.
(a) In areas outside of unique natural areas and slope overlay areas, a woodland management
plan is recommended when removing multiple trees for the landowner's firewood or lumber
use and for forest management and forest improvement.
(b) Existing noninvasive vegetation should be maintained to the extent practicable to minimize
runoff.
(c) Buffer areas proximal to water bodies are to be promoted using noninvasive native plants to
protect water resources.
(d) Retain existing stone walls.
(e) Removal of trees for the purpose of expanding a view is discouraged.
(f) Removal of trees for the purpose of expanding sunlight exposure is discouraged.
(g) Native plants should be encouraged, especially shrubs and trees that produce edible fruit
and nuts for wildlife.
(h) Removal of invasive plants (garlic mustard, swallowwort, barberry, honeysuckle, buckthorn,
multiflora rose, Russian olive and Norway maple, etc.) is encouraged so long as this effort
does not contribute to significant soil disturbance or erosion.
(i) Wildlife habitats, biological corridors, contiguous forests, and open space linkages should be
encouraged and preserved.
(j) Dead trees that do not pose a threat to life, property, or a healthy forest should be left to
provide wildlife habitat for both birds and animals.
(k) New development should not compromise scenic views, in particular viewing points from
adjacent roads and trails.
(1) Regrading should blend in with the natural contours and undulations of the land.
(m) Siting of buildings should be below ridgelines or hilltops.
(n) Where possible, buildings and structures should be located on the edges of open fields to
minimize visual impacts.
(o) Buildings proposed to be located within significant viewing areas should be screened and
landscaped to minimize their intrusion on the character of the area.
(p) Building design should harmonize with the natural setting.
(q) Building materials should harmonize with their natural setting and be compatible with
neighboring land uses.
C. Soil and sediment control.
(i) A structure or parking area shall have a minimum setback to permanent and impermanent
streams of 50 feet and 25 feet, respectively, as measured from the top edge of the slope rising
from the bank of the stream. See § 212-124B of this chapter.
(2) On sites within the slope overlay area or unique natural area, there shall be no excavation, grading
or filling without the submission to the Zoning Officer of an excavation, fill, and grading permit.
Excavation, grading or filling of more than io cubic yards is subject to site plan approval. The
Planning Board may seek recommendations from the Town Engineer, and the associated cost
shall be paid for by the applicant. This provision is not applicable to projects with a valid permit
from a county, state, or federal agency; nor is it applicable to any projects with current site plan
approvalP]
[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
(3) In addition to the requirements of this article, any construction, grading, or other activities shall
be conducted in accordance with any federal, state, or other local law or requirement pertaining
to such activity, including, but not limited to, any requirements of the New York State Department
of Environmental Conservation and the United States Army Corps of Engineers.
(4) Roads and driveways should follow existing contours to the extent practicable to minimize
erosion from cuts and fills.
D. Driveways and parking.
(1) Requirements.
(a) For new impervious surfaces proposed for driveways, parking areas, or walkways in unique
natural areas or slope overlay areas, site plan review procedures shall be followed, and the
Planning Board may seek recommendations from a licensed engineer selected by the Town
and paid for by the applicant.
(b) For safety purposes, parking areas shall be designed and built to avoid the necessity for
drivers to back their vehicles onto roads.
(2) Recommendations.
(a) Semipervious and pervious surfaces for driveways and parking areas are encouraged to
minimize runoff and erosion.
(b) Driveways and parking areas should be designed to include a combination of pervious and
impervious surface materials as needed to provide for safe passage of traffic and to
minimize the total area of impervious surface which would contribute to runoff.
(c) Driveways and parking areas should follow contour lines of the land as much as possible.
(d) Excavation and regrading of slopes for parking areas should be minimized.
E- Limitations on subdivision of parent tracts.[31
(1) Any tract or parcel of land in common contiguous ownership at the time of the creation of the
this district (December 2013), subject to other normally applicable subdivision laws and
regulations, hereafter may be subdivided to create up to and not more than three lots.
[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 0.
Article XI. RM — Multiple -Residence District
§ 212-63. Purpose.
The purpose of the RM—Multiple-Residence District is to expand opportunities for quality and affordable
rental housing in the Town and to protect existing and future single-family and two-family residential
neighborhoods, consistent with the Ulysses Comprehensive Plan and the goals of organized and logical
growth, increased employment opportunities and an increased tax base.
§ 212-64. Establishment of district.
An RM—Multiple-Residence District may be established in any R2—Moderate-Density Residence or Hi —
Hamlet District of the Town that is served by municipal water and shall be established by an amendment to
this chapter by act of the Town Board, pursuant to Article III, § 212-20.
§ 212-65. Permitted uses.
In the RM—Multiple-Residence District, no building or structure shall be erected, altered or extended, and
no land or building thereof shall be used for any purpose or purposes other than the following:
A. Flag lots, subject to the standards set forth in Article XX, § 212-130.
Multiple -family residences, subject to site plan approval pursuant to Article III, § 212-19, and the
standards set forth in Article XX, § 212-133, and their accessory structures.
C. Single-family residences and their accessory structures.
D. Two-family residences and their accessory structures.
§ 212-66. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses, including rental offices, storage sheds,
coin -operated laundry facilities for use by residents, and refuse dumpsters, as well as the following:
A. Family child care.
B. Family adult care.
C. Garages provided for the use of residents only.
D. Signs as regulated under Article XX, § 212-122, and also note § 212-122D.
E. Temporary buildings as defined in Article IV.
F. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
§ 212-67. Uses permitted by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-18, and
subject to the design standards set forth in Article XX:
A. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
Child-care centers, group child care.
C. Community centers.
§ 212-68. Lot area and yard requirements.
A. Minimum lot area shall be one acre.
B. Maximum allowed density shall be one dwelling for each 3,500 square feet of lot area.
C. Minimum lot width at front lot line shall be 16o feet.
D. Minimum lot depth shall be 250 feet.
E. Minimum front yard setback shall be 50 feet.
F. Minimum side yard setbacks shall be 25 feet, except that accessory structures, excluding garages, not
exceeding io feet in height, may be placed not less than io feet from a side lot line.
G. Minimum rear yard setback shall be 25 feet, except that accessory structures, excluding garages not
exceeding to feet in height, may be placed not less than to feet from a rear lot line.
H. Maximum building height for any building or structure shall be 32 feet above average grade measured
at the building perimeter.
Maximum lot coverage by buildings, parking areas, driveways, walkways and other impervious surfaces
shall not exceed 50% of total parcel area.
§ 212-69. Buffer areas.
Buildings or other structures or parking areas shall be located as provided in § 212-1331.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. �.
Article XII. MHP — Manufactured Home Park District
§ 212-70. Purpose.
The purpose of the MHP—Manufactured Home Park District is to expand opportunities for quality and
affordable housing in the Town and to protect existing and future single-family and two-family residential
neighborhoods, consistent with the Ulysses Comprehensive Plan and the goals of organized and logical
growth, increased employment opportunities and an increased tax base.
§ 212-71. Permitted uses.
In the MHP—Manufactured Home Park District, no building or structure shall be erected, altered or
extended, and no land or building thereof shall be used for any purpose or purposes other than the
following:
A. Campground, seasonal subject to the provisions of Article XX, § 212-127.
B. Doublewide manufactured homes and their accessory structures.
C. Singlewide manufactured homes and their accessory structures.
D. Single-family residences and their accessory structures.
E. Two-family residences and their accessory structures.
§ 212-72. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses, including rental offices, storage sheds,
coin -operated laundry facilities for use by residents, and refuse dumpsters, as well as the following:
A. Family adult care.
B. Family child care.
C. Garages provided for the use of residents only.
D. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122D.
E. Storage sheds for the use of residents of individual lots, provided that said shed is shown on an
approved site plan.
F. Self-service storage facilities, provided solely for the use of park residents, and provided that said
facilities are shown on an approved site plan.
G. Temporary buildings as defined in Article IV.
H. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
§ 212-73. Uses permitted by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-18, subject to
the design standards set forth in Article XX:
A. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
B. Child-care centers, group child care.
C. Community centers.
§ 212-74. Lot area and yard requirements.
A. Minimum lot area shall be one acre.
B. Maximum allowed density shall be one dwelling for each 6,000 square feet of lot area.
C. Minimum lot width at front lot line shall be 16o feet.
D. Minimum lot depth shall be 250 feet.
E. Minimum front yard setback shall be 50 feet.
F. Minimum side yard setbacks shall be 25 feet, except that accessory structures, excluding garages, not
exceeding io feet in height, may be placed not less than to feet from a side lot line.
G. Minimum rear yard setback shall be 25 feet, except that accessory structures, excluding garages not
exceeding io feet in height, may be placed not less than io feet from a rear lot line.
H. Maximum building height for any building or structure shall be 32 feet above average grade measured
at the building perimeter.
I. Maximum lot coverage by buildings, parking areas, driveways, walkways and other impervious surfaces
shall not exceed 50% of total parcel area.
cc § 212-75. Buffer areas.
No buildings or other structures, or parking areas, shall be located within 50 feet from a stream edge or any
wetland as defined by state or federal law.
Article XIII. Hi — Hamlet District
§ 212-76. Purpose.
The purpose of the Hi —Hamlet District is to provide opportunities for village- and hamlet -scale residential
and small-scale, pedestrian -oriented, commercial development to serve the varied needs of local residents,
to encourage redevelopment of the Town's hamlets, and to provide the Town with the ability to assert
reasonable controls over such development consistent with the Ulysses Comprehensive Plan and the goals
of organized and logical growth, increased employment opportunities and an increased tax base.
§ 212-77. Permitted uses.
In the Hi —Hamlet District, no building or structure shall be erected, altered or extended, and no land or
building thereof shall be used for any purpose or purposes other than the following:
A. Single-family residence and their accessory structures.
B. Two-family residence and their accessory structures.
§ 212-78. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Accessory building for business.
B. Bed -and -breakfast establishments.
C. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
D. Elder cottages, subject to the provisions of Article XX, § 212-128.
E. Family child care.
F. Family adult care.
G. Home occupations.
H. Off-street loading areas.
I. Professional offices, where such office is part of the residence property and no more than three
persons not residing on the premises are employed.
J. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122F.
K. Temporary buildings as defined in Article IV.
L. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
§ 212-79. Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board pursuant to Article III,
§ 212-19, subject to the design standards set forth in relevant sections of Article XX:
A. Adult care centers.
B. Adult group care.
C. Banks and other financial institutions, provided that there is no more than one drive -through window.
D. Business offices.
E. Child-care centers, group child care.
F. Community centers.
G. Fire stations and other public buildings necessary for the protection or servicing of a neighborhood.
H. Funeral homes.
I. Multiple residences for rent or lease.
J. Professional offices.
K. Public and private community parks and preserves.
L. Residential care/assisted living/rehabilitation facilities.
§ 212-80. Uses permitted by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-18, subject to
the design standards set forth in Article XX:
A. Churches, mosques, synagogues, temples and other places of worship, convents, rectories, parish
houses.
B. Flag lots for the purpose of residential uses only and subject to the standards set forth in Article XX,
§ 212-130.
C. Fraternal organizations and their clubhouse, hall, post, temple and other facilities associated with the
activities of the organization, except that the on -premises sale of alcoholic beverages is prohibited.
D. Gasoline and other retail vehicle fuel sales, subject to the standards set forth in Article XX, § 212-131.
E. Hotel, motel.
F. Libraries, museums.
G. Life care facilities.
H. Outdoor dining facilities, excluding any permanent structures within any required setback areas.
I. Places of amusement, such as theatres, including drive-in theatres, bowling alleys, game arcades, and
skating rinks.
J. Public and private schools, nursery schools and institutions of higher education, including dormitory
accommodations.
K. Restaurants, bars and other places for serving food and beverages.
L. Retail services, such as barber shops or hairdressers; decorators, dressmakers or tailors; opticians;
photographers; film developing, printing, photocopying and digital imaging; video, DVD and other
electronic visual and audio entertainment media rentals; and businesses of a similar and no more
intense nature.
M. Retail stores, provided the establishment does not exceed 3,000 gross square feet in floor area, with
the exception of basement storage areas, and operates only between the hours of 6:oo a.m. and ii:oo
p.m.
§ 212-81. Lot area and yard requirements.
A. There shall be no more than one principal building on any lot in the Hi —Hamlet District.
B. Minimum lot area shall be 6,000 square feet.
C. Minimum lot width at front lot line setback shall be 50 feet.
D. Minimum lot depth shall be 120 feet.
E. Minimum front yard setback shall be io feet for all single-family and two-family residences, bed -and -
breakfast establishments and adult- and child-care facilities, and zero feet for all other uses.
F. Minimum side yard setback shall be five feet, except in the instance where two or more single-family
dwellings are attached with a common wall, or two or more commercial structures are attached with a
common wall, in which case the setback may be zero feet. Where a lot does not have frontage on a
rear or side public or private alley, however, there shall be at least 15 feet of side yard setback on one
side to allow for a driveway.
G. Minimum rear yard setback shall be 35 feet, except for detached garages and other accessory
structures or parking lots, in which case the minimum setback shall be five feet.
H. Maximum building height for any building or structure shall be 32 feet above average grade measured
at the building perimeter.
I. Maximum lot coverage shall be 75% of the lot area.
§ 212-82. Bucc ffer areas.
No buildings or other structures, or parking areas, shall be located within 50 feet from a stream edge or any
wetland as defined by state or federal law.
Article XIV. H2 — Hamlet Residential District
§ 212-83. Purpose.
The purpose of an H2—Hamlet Residence District is to provide opportunities for village- and hamlet -scale
residential development to serve the varied housing needs of the residents while preserving the historical
nature of the Town. This district encourages the redevelopment of the Town's hamlets while providing the
Town and the residents of the district with the ability to assert reasonable controls over development in the
designated district that is consistent with the Comprehensive Plan, the historic nature of the district, and
organized and logical growth.
§ 212-84. Permitted uses.
In the H2—Hamlet Residence District, no building or structure shall be erected, altered or extended, and no
land or building thereof shall be used for any purpose or purposes other than the following:
A. Single-family residences and their accessory structures.
B. Two-family residences in the same dwelling and their accessory structures.
§ 212-85. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Accessory building for residential use.
B. Bed -and -breakfast establishments.
C. Elder cottages, subject to the provisions of Article XX, § 212-128.
D. Family child care.
E. Family adult care.
F. Home occupations.
G. Professional offices where such office is part of the residence building and no more than three
persons not residing on the premises are employed.
H. Signs as regulated under Article XX, § 212-122E.
I. Temporary building as defined in Article IV.
J. Vehicle parking, pursuant to the provisions of Article XX, § 2i2-121.
§ 212-86. Uses permitted by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 2i2-i8, subject to
the standards set forth in Article XX:
A. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
B. Church, mosque, synagogue, temple or other place of worship, convent, rectory, parish houses.
C. Community center.
D. Flag lots for residential use only and subject to the standards set forth in Article XX, § 212-i30.
E. Library, museum.
F. Multiple residences for lease or rent, pursuant to Article IX.
G. Nursery school.
H. Public and private community parks and preserves.
Residential care/assisted living/rehabilitation facilities.
§ 212-87. Lot area and yard requirements.
A. There shall be no more than one principal building on any lot.
B. Minimum lot area shall be 21,780 square feet (1/2 acre).
C. Minimum lot width at front yard setback shall be 50 feet.
D. Minimum lot depth shall be 175 feet.
E. Minimum front yard setback shall be to feet.
F. Minimum side yard setback shall be five feet.
G. Minimum rear yard setback shall be 35 feet, except for detached garages and other accessory
structures, in which case the minimum setback shall be five feet.
H. Maximum building height for any building or structure shall be 32 feet above average grade measured
at the building perimeter.
Maximum lot coverage shall be 75% of the lot area.
Article XV. Bi — Business District
§ 212-88. Purpose.
The purpose of the Bi—Business District is to provide opportunities for neighborhood -scale retail
commercial development in appropriate locations in the Town of Ulysses to serve the needs of local
residents, and to provide the Town with the ability to assert reasonable controls over commercial
development consistent with the Ulysses Comprehensive Plan and the goals of organized and logical
growth, increased employment opportunities and an increased tax base.
§ 212-89. Permitted uses.
In the Bi—Business District, no building or structure shall be erected, altered or extended, and no land or
building thereof shall be used for any purpose or purposes other than the following, upon receipt of site
plan approval from the Planning Board, pursuant to the provisions of Article III, § 212-19:
A. Adult care centers.
B. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
C. Business and professional offices.
D. Banks and other financial institutions.
E. Boarding house.
F. Child-care centers, group child-care centers.
G. Communication transmission towers and telecommunications facilities, subject to the provisions of
Article XXII.
H. Community centers.
I. Conference centers.
J. Dry cleaners.
K. Fire stations and other public buildings necessary for the protection or servicing of a neighborhood.
L. Fraternal organizations and their clubhouse, hall, post, temple and other facilities associated with the
activities of the organization.
M. Funeral homes.
N. Gasoline and other retail vehicle fuel sales, subject to the standards set forth in Article XX, § 212-131.
O. Health clubs.
P. Hospitals.
Q. Hotels.
R. Marinas.
S. Places of amusement, such as theatres, including drive-in theatres, bowling alleys, game arcades,
miniature golf courses and skating rinks.
T. Private schools, nursery schools, institutions of higher learning including dormitories.
U. Restaurants, bars and other places for serving food and beverages.
V. Retail lumber and building -supply centers.
W. Retail services, such as barber shops or hairdressers; decorators, dressmakers or tailors; opticians;
photographers; film developing, printing, photocopying and digital imaging; video, DVD and other
electronic visual and audio entertainment media rentals; and businesses of a similar and no more
intense nature.
X. Retail stores, provided the establishment does not exceed 12,000 gross square feet in floor area, with
the exception of basement storage areas, and operates only between the hours of 6:0o a.m. and ii:oo
p.m.
Y. Self-service storage facilities, subject to the standards set forth in Article XX, § 212-137.
§ 212-90. Permitted accessory uses.
In the Bi—Business District, no building or structure shall be erected, altered, or extended, and no land or
building thereof shall be used for any purpose other than the following, upon receipt of site plan approval
from the Planning Board, pursuant to the provisions of Article III, § 212-19.
A. Accessory buildings.
B. Off-street loading areas.
C. Temporary buildings, as defined in Article IV.
D. Signs as regulated under Article XX, § 212-122, and also note § 212-122E.
E. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
§ 212-91. Uses permitted by special permit.
The following uses are allowed within the Bi—Business District upon receipt of approval for a special
permit, per Article III, § 212-18, upon receipt of approval for site plan approval from the Planning Board,
pursuant to the provisions of Article III, § 212-19:
A. Any establishment ordinarily operating between the hours of 11:oo p.m. and 6:0o a.m.
B. Drive -through restaurants.
C. Multiple dwellings and their accessory structures.
D. One and two-family dwellings and their accessory structures.
E. Vehicle and boat sales, rentals, service, auto body and repair shops.
§ 212-92. Lot area and yard requirements.
A. Minimum lot area: none.
B. Minimum lot width at front lot line: none.
C. Minimum lot depth: none.
D. Minimum front yard setback shall be 30 feet.
E. Minimum side yard setbacks shall be 15 feet or as required by the New York State Fire Prevention Code,
whichever is greater.
F. Minimum rear setback shall be 15 feet.
G. Maximum building height for any building or structure shall be 32 feet above average grade measured
at the building perimeter.
H. Maximum lot coverage by all buildings, structures and impervious surfaces shall be 70% of the lot area.
No parking shall be allowed within the required front yard setback.
J. No outdoor display of products shall be allowed within the front yard setback.
§ 212-93. Buffer areas.
A. Wherever a Bi—Business District abuts an Ri—Rural Residence District, R2—Moderate-Density
Residence District, RM—Multiple-Residence District, H2—Hamlet Residential District, or Hi —Hamlet
District, there shall be in addition to the required side yard and rear yard a vegetated buffer area of not
less than 35 feet. No building or structure, parking or outside storage of any kind shall be allowed
within this buffer area.
B. No buildings or other structures, or parking areas, shall be located within loo feet from a stream or
any wetland as defined by state or federal law. With the exception of stream crossings, no roadways
shall be located within 50 feet from a stream or any wetland as defined by state or federal law. Streams
are required to have a stream protection setback as defined in Article XX, § 212-i24.
C. All buffer area plantings shall be subject to the requirements of Article XX, § 212-i24.
§ 212-94. Building permits.
No building permit shall be issued for a building or structure within a Bi—Business District unless the
proposed building or structure is in accordance with an approved site plan, except as provided for in Article
III, § 212-i9J.
Article XVI. MD — Marina District
§ 212-9.5. Purpose.
The purpose of the MD —Marina District is to preserve and protect the natural, environmental, and historic
resources of the lakeshore and to provide waterfront access to Cayuga Lake.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
§ 212-96. Permitted uses.
In the MD —Marina District, no building or structure shall be erected, altered or extended, and no land or
building thereof shall be used for any purpose or purposes other than the following:
A• Agriculture.[']
M Editor's Note: Original § 76.2B, Communication transmission towers and telecommunications facilities,
which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. i,
General Provisions, Art. 0.
B. Recreational facility, such as park, playground, preserve, fishing pier, or yacht club.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
§ 212-97. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Accessory buildings.
Business directional signs, subject to limitations set forth in Article XX, § 212-i22D.
C. Docks and moorings as regulated by state and federal agencies.
D. Single-family residence and their accessory structures.
E. Signs as regulated under Article XX, § 212-i22.
Swimming beach, as regulated by Tompkins County Health Department.
G. Temporary buildings and structures used for office, sales, storage and fabrication activities related to
the development of a site, provided that such building or structure may not be continued for more
than one year except upon receipt of a special permit.
H. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
§ 212-98. Uses permitted by site plan review.
The following uses are allowed within the MD —Marina District upon receipt of site plan approval from the
Planning Board pursuant to Article III, § 212-i9, and subject to the design standards set forth in relevant
sections of Article XX:
A. Business or professional office.
B. Sale, rental, repair, or storage of marine -related recreation equipment, such as boats, sails.
C. Restaurant.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. n.
§ 212-99. Uses permitted by special permit.
The following uses are allowed within the MD —Marina District upon approval of a special permit pursuant
to Article III, § 212-i8, upon receipt of site plan approval from the Planning Board pursuant to Article III,
§ 212-i9, and subject to the design standards set forth in relevant sections of Article XX:
A. Campgrounds and group campgrounds, subject to the provisions of Article XX, § 212-i27.
B. Cultural facility, such as museum or nature center.
C. Hotel.
D. Public, private, or parochial school.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
§ 212-too. Lot area and yard requirements.
A. Minimum lot area shall be five acres.
B. Minimum lot width at front lot line shall be 25o feet. In the case of lots with frontage on a lake,
minimum lot width shall be measured at the front yard setback opposite the side fronting on the lake.
C. Minimum lot depth shall be 250 feet.
D. Minimum front yard setback shall be 50 feet.
E. Minimum side yard setbacks shall be 50 feet.
F. Minimum rear setback shall be 50 feet.
G. Maximum building height shall be 32 feet.
H. Maximum lot coverage shall be 5% of the lot area.
The above notwithstanding, in the case of a lot with frontage on a lake, accessory uses such as
boathouses, pump houses, docks, piers, boat ramps, patios, decks and other facilities typically
associated with water -oriented recreational pursuits are permitted within the front yard setback area
fronting on the lake; provided, however, that they are located outside the required side yard setback
areas.
§ 212-101. Buffer areas.
No buildings or other structures, or parking areas, shall be located within ioo feet from a stream edge or
any wetland as defined by state or federal law.
§ 212-102. Design standards.
A. Streams.
(1) Permanent and impermanent streams are, and wetlands may become, prominent features of the
Marina District, and the condition of these water bodies directly affects the health of Cayuga Lake
and the various creatures that depend on the water for sustenance. As such, it is the intent of
these Marina District regulations to ensure the continued preservation and health of these many
Cayuga Lake tributaries for current and future generations.
(2) For the purposes of this section, the area of a wetland is defined by both state and federal
governing regulations. Buffer areas apply to federally protected wetlands greater than o.i acre.
(3) Requirements.
(a) To the extent possible, permanent and impermanent streams shall be protected from
sediment, effluent, sewage, and driveway runoff.
(b) Diverting or altering the course of permanent or impermanent streams shall be prohibited,
except where a NYSDEC permit is obtained in advance of starting work.
(c) Unless otherwise authorized by the Planning Board or state or federal agency, no
disturbance as listed previously in this section shall be located within ioo feet of any
wetland.
(d) During the site plan approval process where there is evidence of a wetland, the Planning
Board may require a wetland delineation study to determine potential impacts of
development on said wetland.
(4) Recommendations.
(a) Plowing of salt laden snow from driveways into streams should be avoided.
(b) The proximity of docks to mouths of tributaries should consider natural variation in stream
boundary location so as to not interfere with stream flow over time.
(c) Stream bank vegetation should be encouraged to minimize erosion. Where necessary,
stream banks should be replanted with native species.
(d) Flow of water in Cayuga Lake tributaries should not be impeded by human -made structures
in or spanning streams.
Vegetation and landscape.
(1) The intent of the Town of Ulysses is to preserve and encourage vegetation, especially noninvasive
trees and shrubs, in the Marina District in order to prevent erosion, sedimentation of the lake and
streams, and maintain the rural, scenic nature of the Town. The intent of this section is to
encourage landowners in this district to preserve and encourage vegetation for the benefit of
current and future residents of the Town.
(2) The intent of the Town of Ulysses is to preserve the natural features of the Marina District and, as
such, to allow development that uses mechanisms that minimize disruption of the current
ecological balance. The Zoning Officer and Planning Board shall review all development with the
following guidelines when reviewing a site plan for approval.
(3) Requirements. Tree removal, except clear -cutting, is allowed in the Marina District outside of
unique natural areas or slope overlay areas. Tree removal is allowed in the Marina District in the
unique natural areas or slope overlay areas according to the following terms and conditions:']
(a) Without Town approval: a tree or trees whose location and conditions combine to make it a
threat to human life or property.
(b) With the approval of the Zoning Officer and the possession of a valid building permit: those
trees that are in the footprint of a construction site, septic system, parking areas, and the
driveway access.
(c) Clear -cutting of forest stands for any use other than necessary minimal clearing for the
requirements of a building project is prohibited.
(d) In unique natural areas or slope overlay areas, a woodland management plan shall be filed
with and approved by the Zoning Officer and/or the Town's consulting forester for multiple
trees removed for the landowner's firewood or lumber use, and for forest management and
forest improvement. A woodland management plan shall be prepared by a professional
forester with Society of American Foresters certification or by a cooperating consulting
forester with the New York State Department of Environmental Conservation.
[i ] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
(4) Recommendations.
(a) In areas outside of unique natural areas and slope overlay areas, a woodland management
plan is recommended when removing multiple trees for firewood or lumber use and for
forest management and forest improvement.
(b) Existing noninvasive vegetation should be maintained to the extent practicable to minimize
runoff.
(c) Buffer areas proximal to water bodies are to be promoted using noninvasive plants to
protect water resources.
(d) Removal of trees for the purpose of expanding a view is discouraged.
(e) Removal of trees for the purpose of expanding sunlight exposure is discouraged.
(f) Native plants should be encouraged, especially shrubs and trees that produce edible fruit
and nuts for wildlife.
(g) Removal of invasive plants (garlic mustard, swallowwort, barberry, honeysuckle, buckthorn,
multiflora rose, Russian olive and Norway maple, etc.) is encouraged so long as this effort
does not contribute to significant soil disturbance or erosion.
(h) Wildlife habitats, biological corridors, contiguous forests, and open space linkages should be
encouraged and preserved.
(i) Dead trees that do not pose a threat to life, property or a healthy forest should be left to
provide wildlife habitat for both birds and animals.
(j) New development should not compromise scenic views, in particular viewing points from
adjacent roads and trails.
(k) Regrading should blend in with the natural contours and undulations of the land.
(1) Buildings proposed to be located within significant viewing areas should be screened and
landscaped to minimize their intrusion on the character of the area.
(m) Building design should harmonize with the natural setting.
(n) Building materials should harmonize with their natural setting and be compatible with
neighboring land uses.
C. Soil and sediment control.
(i) A structure or parking area shall have a minimum setback to permanent and impermanent
streams of 50 feet and 25 feet, respectively, as measured from the top edge of the slope rising
from the bank of the stream. See § 212-124B of this chapter.
(2) On sites within the slope overlay area or unique natural area, there shall be no excavation, grading
or filling without the submission to the Zoning Officer of an excavation, fill, and grading permit.
Excavation, grading or filling of more than io cubic yards is subject to site plan approval. The
Planning Board may seek recommendations from the Town Engineer, and the associated cost
shall be paid for by the applicant. This provision is not applicable to projects with a valid permit
from a county, state, or federal agency; nor is it applicable to any projects with current site plan
approvalP]
[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
(3) In addition to the requirements of this article, any construction, grading, or other activities shall
be conducted in accordance with any federal, state, or other local law or requirement pertaining
to such activity, including, but not limited to, any requirements of the New York State Department
of Environmental Conservation and the United States Army Corps of Engineers.
(4) Roads and driveways should follow existing contours to the extent practicable to minimize
erosion from cuts and fills.
D. Driveways and parking.
(1) Requirements.
(a) For new impervious surfaces proposed for driveways, parking areas, or walkways in unique
natural areas or slope overlay areas, site plan review procedures shall be followed, and the
Planning Board may seek recommendations from a licensed engineer selected by the Town
and paid for by the applicant.
(b) For safety purposes, parking areas shall be designed and built to avoid the necessity for
drivers to back their vehicles onto Route 89.
(2) Recommendations.
(a) Semipervious and pervious surfaces for driveways and parking areas are encouraged to
minimize runoff and erosion.
(b) Driveways and parking areas should be designed to include a combination of pervious and
impervious surface materials as needed to provide for safe passage of traffic and to
minimize the total area of impervious surface, which would contribute to runoff.
(c) Driveways and parking areas should follow contour lines of the land as much as possible.
(d) Excavation and regrading of slopes for parking areas should be minimized.
Article XVII. IL — Light Industry District
§ 212-103. Purpose.
The purpose of the IL —Light Industry District is to provide for employment, support local entrepreneurs
and stimulate local economic development by providing areas where light industrial, service, research and
development enterprises can locate. This district also sets standards for locating and developing such land
uses in a manner that does not adversely affect adjacent residential areas, the overall character of the Town
or the environment.
§ 212-104. Permitted uses.
In the IL —Light Industry District, no building or structure shall be erected, altered or extended, and no land
or building thereof shall be used for any purpose or purposes other than the following, upon receipt of site
plan approval pursuant to Article III, § 212-i9:
A. Adult entertainment businesses, subject to the standards set forth in Article XX, § 212-125.
B. Agricultural commerce.
C. Business directional signs, subject to limitations set forth in Article XX, § 212-122D.
D. Business and professional offices.
E. Communication transmission towers and telecommunications facilities, subject to the provisions of
Article XXII.
F. Extractive industry, subject to the provisions of Article XX, § 212-129.
G. Light industry.
H. Off -premises signs, subject to the provisions of Article XX, § 212-i2213.
I. Research and development enterprises.
J. Large- and small-scale sawmills, subject to the provisions of Article XX, § 212-i36.
K. Self-service storage facilities, subject to the standards set forth in Article XX, § 212-i37.
L. Warehouses.
M. Wholesale distribution centers.
§ 212-105. Permitted accessory uses.
In the IL —Light Industrial District, no building or structure shall be erected, altered, or extended, and no
land or building thereof shall be used for any purpose other than the following, upon receipt of site plan
approval from the Planning Board, pursuant to the provisions of Article III, § 212-i9:
A. Accessory buildings.
B. Child-care centers, group child care.
C. Indoor and outdoor dining facilities, except that such facilities shall be for the exclusive use of
employees or their guests.
D. Off-street loading areas.
E. Signs as regulated under Article XX, § 212-i22; also note Article XX, § 212-122E.
F. Temporary buildings as defined in Article IV.
G. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
§ 212-1o6. Uses by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-i8, and upon
receipt of site plan approval from the Planning Board, pursuant to the provisions of Article III, § 212-i9,
subject to the standards set forth in Article XX:
A. Auto body and repair shops.
§ 212-107. Lot area and yard requirements.
A. Minimum lot area: none.
Minimum lot width at front lot line: none.
C. Minimum lot depth: none.
D. Minimum front yard setback shall be 50 feet in the case of a public road right-of-way. In cases where
the lot or parcel fronts on a private interior street or road, the minimum front yard setback shall be 80
feet from the center line of said street or road.
E. Minimum side yard setbacks shall be 25 feet.
F. Minimum rear setback shall be 35 feet.
G. Maximum building height for any building or structure shall be 32 feet above average grade measured
at the building perimeter.
H. Maximum lot coverage by all buildings, structures and impervious surfaces shall be 50% of the lot area.
§ 212-108. Buffer areas.
A. Wherever an IL —Light Industry District abuts an Ri—Rural Residence District, R2—Moderate-Density
Residence District, RM—Multiple-Residence District or Hi —Hamlet District, there shall be in addition
to the required side yard and rear yard a vegetated buffer area of not less than 50 feet. No building or
structure, parking or outside storage of any kind shall be allowed within this buffer area. All buffer area
plantings shall be subject to the requirements of Article XVI, § 212-100.
B. No buildings or other structures, or parking areas, shall be located within loo feet from a stream or
any wetland as defined by state or federal law. Streams are required to have a stream protection
setback as defined in Article XX, § 212-i24.
§ 212-109. Building permits.
No building permit shall be issued for a building or structure within an IL —Light Industrial District unless
the proposed building or structure is in accordance with an approved site plan, except as provided for in
Article III, § 212-19J.
Article XVIII. PR — Park/Recreation District
[Amended 8-12-20i4 by L.L. No. 3-20i41
§ 212-110. Purpose.
The purpose of the PR—Park/Recreation District is to protect those natural areas and scenic and
recreational resources within the Town of Ulysses that contribute to the high quality of life and economic
vitality of the Town.
§ 212-111. Permitted uses.
In the PR—Park/Recreation District, no building or structure shall be erected, altered or extended, and no
land or building thereof shall be used for any purpose or purposes other than the following:
A. Agriculture.
§ 212-112. Uses permitted by special permit.
The following uses are allowed within the PR—Park/Recreational District upon approval of a special permit
pursuant to Article III, § 212-18, upon receipt of site plan approval from the Planning Board pursuant to
Article III, § 212-19, and subject to the design standards set forth in relevant sections of Article XX:
A. Business directional signs, subject to limitations set forth in Article XX, § 212-i22D.
B. Seasonal campgrounds, overnight campgrounds and group campgrounds, subject to the provisions of
Article XX, § 212-127.
C. Cemeteries and the buildings and structures incidental to cemetery operations.
D. Golf courses, except miniature golf courses operated on a commercial basis.
E. Nature centers.
F. Public and private community parks, regional parks and preserves.
G. Commercial stables, subject to the provisions of Article XX, § 212-138.
§ 212-113. Permitted accessory uses.
The following uses shall only be permitted as accessory uses to the uses set forth July 8, 20i4, in §§ 212-111
and 212-112. Site plan approval shall be required from the Planning Board pursuant to the provisions of
Article III, § 212-19.
A. Accessory structures.
Single-family residences and their accessory structures, subject to the limitations set forth in Article IV,
Terminology, and Article XX, Design Standards.
C. Seasonal roadside stand, subject to provisions of Article XX, § 212-135•
D. Temporary buildings and structures used for office, sales, storage and fabrication activities related to
the development of a site, provided that such building or structure may not be continued for more
than one year except upon receipt of a special permit.
E. Vehicle parking, pursuant to the provisions of Article XX, § 2i2-121.
§ 212-114. Lot area and yard requirements.
A. Minimum lot area shall be io acres.
B. Minimum lot width shall be 400 feet at the front and rear lot lines.
C. Minimum lot depth shall be 450 feet.
D. Minimum front and rear yard setback shall be 50 feet.
E. Minimum side yard setbacks shall be i5 feet.
F. Minimum lakeside setback shall be ioo feet, measured from the MHWE.
G. Maximum building height shall be 40 feet.
H. Maximum lot coverage shall be 5% of the lot area, including roads.
I. The above and the provisions of § 212-115 notwithstanding, in the case of a lot with frontage on a lake,
accessory uses such as boathouses, pump houses, docks, piers, boat ramps, patios, decks and other
facilities typically associated with water -oriented recreational pursuits are permitted within the yard
setback area and buffer area fronting on the lake; provided, however, that they are located outside the
required side yard setback areas.
§ 212-115. Buffer areas.
A. No buildings or other structures, or parking areas, shall be located within ioo feet from a stream edge
or any wetland as defined by state or federal law, or in the case of a lot with frontage on a lake, within
ioo feet of the lakefront using the mean high-water elevation.
B. The above notwithstanding, in the case of a lot with frontage on a lake, accessory uses such as
boathouses, pump houses, docks, piers, boat ramps, patios, decks and other facilities typically
associated with water -oriented recreational pursuits are permitted within the buffer area fronting on
the lake, provided; however, that they are located outside the required side yard setback areas set
forth in § 212-114 above.
Article XIX. Development Districts
§ 212-116. Purpose.
The purpose of the Development District is to give flexibility to this chapter in order to accommodate such
developments which would be beneficial to the community but which are not now permitted in any
established zoning district. These developments must not be contrary to the Ulysses Comprehensive Plan
or this chapter.
§ 212-117. Establishment.
Any Development District established after the adoption of this chapter shall be established in accordance
with the procedures set forth in Article III, § 212-20.
§ 212-118. Existing development districts.
NOTE: The following Development Districts were established prior to the adoption of this chapter and shall
remain in effect as set forth below.
A. Development District 1: Spruce Row Campsite (formerly Development District 1, as amended October
8,1991, June 2009).
(1) Allowed uses. The purposes for which the district maybe used areas follows:
(a) The site plan as listed on the map dated June 2009 for this district is listed as a legal and
conforming use. Any future buildings, site changes/additions will require compliance with
§ 212-127A, Campgrounds, seasonal.
[1] Site plan review shall be required for future buildings, site changes/additions above the
208 sites regulated by Tompkins County Department of Health.
[2] The maximum sites for the Development District shall be 425.
(b) Campsites.
(c) Living accommodations for campers shall be tents, recreational vehicles, recreational park
trailers, or camping cabins intended for transient use.
[1] A "tent" shall be defined as a portable shelter, made of fabric, stretched over a
supporting framework of poles with ropes and pegs.
[2] A "recreational vehicle" shall be defined as a vehicle that can only be moved on the
highway without a special permit from the New York State DOT (therefore no wider
than eight feet), built on a single chassis, mounted on wheels, with gross trailer area not
to exceed 400 square feet in area.
[3] A "recreational park trailer" shall be defined as a vehicle that can be moved on the
highway with a special permit from the New York State DOT (therefore may be wider
than eight feet but no more than 12 feet), built on a single chassis, mounted on wheels
with gross trailer area not to exceed 400 square feet in area.
[4] A "camping cabin" shall be defined as a hard sided tent or shelter less than 400 square
feet in an area without plumbing which is on skids or otherwise designed to be readily
moveable.
(d) The campgrounds shall be open for the season camping annually from May 1 through
October 31. Off season, no more than 20% occupancy of existing sites at any given time is
permitted for temporary camping units. Length of stay is no more than seven consecutive
days during the off season. (This is designed to accommodate such recreational activities as
hunting, fishing, skiing, etc.) Snowmobiles will be limited to four per site with a maximum of
4o allowed in the campground at any one time.
(e) Commercial sales of recreational vehicles, recreational park trailers and retail sales of
camping -related items shall be an allowed use.
(f) The following recreational uses are allowed in the campsite for only registered campers and
guests: mini -golf, hayrides, arcade, two playgrounds (as listed on the map), swimming pool,
fishing pond, paddle boat rentals, geocaching, pedal cart rentals, golf cart rentals, volleyball,
basketball, horseshoes, nature/hiking trails, live music entertainment, ball field and similar
activities.
(2) District area boundaries.
(a) The area of said district shall be approximately 83 acres as described on the map dated June
2009.
(b) The district boundaries are as follows: All that tract or parcel of land situated in the Town of
Ulysses, County of Tompkins and State of New York, being part of Military Lot 16 in said
Town and bounded and described as follows:
BEGINNING at a point in the center line of Kraft Road approximately 2,643 feet from the
west line of Military Lot 16, thence south parallel to the west line of Military Lot 16
approximately 2,06i feet to the south line of Military Lot 16; thence west along the said south
line of Military Lot i6 approximately 2,643 feet to the west side of said Military Lot i6 (being
the east line of military lot i5); thence north along the west line of Military Lot i6
approximately 1,188 feet to a point; thence northeasterly along a hedgerow and woodlot
about 528 feet; thence southeasterly along the said hedgerow and woodlot about 462 feet;
continuing in a southeasterly direction along the said hedgerow about 792 feet to a second
hedgerow which runs north and south; thence north along said second hedgerow about 792
feet to a third hedgerow which runs east and west; thence west and parallel to Kraft Road
approximately 88 feet to a point; thence north and perpendicular to Kraft Road
approximately 35i feet to a center line of Kraft Road; thence east along center line of Kraft
Road i,034 feet to the point of beginning.
(3) Specifications for campsites.
(a) The number of campsites in the district is not to be more than 425 sites. The sites shall be a
minimum of 30 feet wide and a depth of 50 feet or as directed by NYS DOH.
(b) East of the driveway (to the left as entering the campgrounds) campsite numbers 2, 4, 6 to
9, 11, 20,21 and 2oA are to remain as they are. No campsites will be permitted closer than 275
feet from the center line of Kraft Road. A natural vegetative buffer must be maintained
between the eastern most campsites and the eastern most boundary. Campsites to remain
as they are on the map, no new campsites are to be added within this area.
(c) Parking. Two-hour temporary parking is permitted north of the hedgerow (labeled as
Hedgerow No. i on the map) for patrons and their guests.
(d) Each campsite shall have a designated area for a campfire that shall be located, cleared and
protected in accordance with recommendations of the Trumansburg Fire Chief. All firewood
in the campground to be in compliance with DEC regulations on transported in firewood.
(e) The sites as listed in the map dated June 2009 shall be considered legal and conforming
according to existing zoning regulations. All new and additional campsites are required to be
in compliance with § 212-i27A, Campgrounds, seasonal.
(f) Recreational park trailers will be limited to i5% of existing sites within the district not to
exceed 43 sites. Recreational park trailers can be located on sites indicated with an X on the
map dated June 2009.
(g) Camping cabins will be limited to 15% of existing sites within the district not to exceed 43
sites.
(4) Sewage and garbage disposal.
(a) Sewage and garbage disposal shall meet all requirements of the Tompkins County Health
Department.
(b) Rodent -tight refuse containers shall be provided so that there shall be a minimum of one
container for every four campsites.
(c) There shall be absolutely no dumping of any type of refuses 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 the remainder of the season.
(e) Underground sewage receptacles shall not be allowed within ioo feet of the edge of Willow
Creek; all recreational vehicles within that area must have self-contained sewage holding
tanks.
(5) Water.
(a) Drinking water shall be provided and conform to the standards of the Tompkins County
Health Department.
(b) There shall be no cleaning activities (activities that include soaps, shampoos, or cleansers) in
Willow Creek (e.g., bathing, car washing, and dishwashing).
(c) Under conditions of drought, a water conservation plan shall be enacted that could include
reduction of shower usage, prohibition of washing vehicles, campers and pets. Further,
under drought consideration no watering of lawns or plants shall take place.
(6) Maintenance.
(a) The entire district shall be kept free and clear of all litter and be maintained in a neat and
orderly manner.
(b) A monthly visual inspection shall be conducted of the sewage holding tanks of all
recreational vehicles and recreational park trailers located along and upgradient of Willow
Creek.
(c) Chlorinated water from the swimming pool will not be discharged in excess of ioo gallons in
a twenty -four-hour period for maintenance procedures.
(7) Signs. One namesake sign or bulletin board not exceeding 18 square feet is allowed. Said sign shall
not be self -illuminating and the bottom of said sign shall not be more than five feet from the
ground.
(8) Commercial sales.
(a) Commercial sales of recreation vehicles and recreational park trailers are allowed in this
district. A maximum of six units may be displayed in the area (4o feet by 75 feet) listed on the
map dated June 2009.
(b) New units are allowed on camping sites for purpose of commercial sales.
(c) Individuals may display their used units for second-hand sale on sites within the district.
(d) The existing retail store for sales of camping related items, such as firewood, ice, and sundry
items, for the accommodations of the campers and their guests is permitted.
(9) Storage.
(a) Storage of recreation vehicles and boats on trailers is allowed, with the provision that no
more than 60% of the existing campsites can be used for storage and no more than one unit
per campsite.
(b) In -season storage shall be limited to the campsites themselves or the area designated on the
map June 2009 as off -site storage.
(10) Buffers. All natural buffers are to remain, and in addition:
(a) From the current driveway, east, approximately 40 feet from the center line of the road in
line with the current tree line, a hedge (indicated as Hedgerow No. 2 on the map) of
evergreens is to be maintained, using a minimum spacing of six feet, with the minimum size
of trees to be planted of four feet and with the hedgerow to be two rows of trees deep. If
any trees die, they are to be replaced.
(b) The area along Hedgerow No.1 is to be inter -planted with evergreen trees and shrubs, from
the entrance road to the west boundary. The purpose is to create a dense visual barrier to
hide vehicles and activities and to provide privacy for regular users and campers as well as
neighbors. Minimum size of plants at planting shall be four feet.
(c) All natural covers on the remaining boundaries shall remain and natural growth of said
hedgerows shall be encouraged.
(d) The existing sites along Willow Creek indicated on the map dated June 2009 will be
maintained with a minimum twenty -foot wide natural vegetative buffer adjacent to the
stream. All future sites will be in compliance with § 212-127A which states no campsite,
buildings, structures, or parking areas shall be located within too feet of a stream edge or
any wetland as defined by state or federal law.
(11) Mobile home.
(a) One mobile home, larger than 750 square feet, shall be permitted in the Development
District as indicated on the map dated June 2009.
(b) The mobile home will be skirted and the hedgerow that now exists shall remain as screening.
Development District No. 2: Podunk Ski Shop (formerly Development District No. 5, created June 15,
1976).
(1) Allowed uses. The purposes for which the district maybe used areas follows:
(a) Ski retail and rental shop.
(b) Sauna.
(c) Hostel/lodge.
(2) District area and boundaries:
(a) Located at the southeasterly corner of Cold Springs Road and Podunk Road and being all of
Tax Parcel Nos. 21-1-1 and 21-1-1.1 as shown on the Tompkins County Tax Map.
(b) Located on west side of Podunk Road opposite Cold Spring Road and being all of Tax Parcel
No. 22-5-2 as shown on the Tompkins County Tax Map.
(3) District specifications. No district specifications are listed as part of this Development District.
C. Development District No. 3: Bar/Restaurant/Trailers (formerly Development District No. 7, created May
8, 1 979)
(1) Allowed uses. The purposes for which this district maybe used areas follows:
(a) Bar and restaurant;
(b) Maintenance of mobile home adjacent to the existing bar and restaurant;
(c) Maintenance of a second mobile home adjacent to Halseyville Road, for so long as said
mobile home may be occupied by Howard and Anna Brown, or the survivor of them;
(d) No other mobile home shall be established or occupied within this district.
(2) District area and boundaries. The area of said district shall be approximately 14 acres, triangular in
general shape, bounded on the east by State Highway Route 96, on the west by Halseyville Road,
and on the south by premises formerly of Strong, later of Stover, bounded and described as
follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, Tompkins County, New
York and being part of Military Lots #8 and #14 in said Town more particularly bounded and
described as follows:
BEGINNING at a point in the center line of Halseyville-Enfield Road at the southwest corner of
lands now or formerly of Robert Dean Murphy and also the northwest corner of premises
conveyed to Edmund Pearsall by deed of Isaac Ball and wife dated February 28, 1868 and recorded
in the Tompkins County Clerk's Office in Liber 3 of Ulysses Deeds at page 132; running thence
south (S 3 West) along the center line of said Halseyville-Enfield Road (also the westerly line of
Lots #8 and #14) twenty chains and forty-nine links (20.49 chs.) to a point (also the southwest
corner of said Ball -Pearsall parcel); running thence N 77E, nine chains and ninety-nine links (9.99
chs.) (previous deeds described said course as being "along the north side of the Road," which
road is now nonexistent); thence continuing along said same course in a straight line to the center
of the Ithaca-Trumansburg State Highway at or near the intersection of said highway and the line
between Military Lot #8 on the north and #14 on the south (the last course is straightened in
accordance with the Ball -Pearsall deed above mentioned, which reads: "It is understood and
agreed that the fence on the southwest side of the turnpike shall be straightened and correspond
with a straight line....'); running thence northwesterly along the center of said Ithaca-
Trumansburg State Highway about twenty chains to the southeast corner of lands now or
formerly of Robert Dean Murphy; running thence westerly along Murphy's south line to the point
or place of beginning.
(3) District specifications.
(a) At such time as Howard and Anna Brown, or the survivor of them, shall no longer occupy the
second mobile home permitted by Article XVI, § 212-118C(1)(c) above, one of the mobile
homes shall be immediately removed from the district, and shall not be replaced; thereafter
only a single mobile home shall be permitted therein.
(b) Sewage and garbage disposal shall meet all requirements of the Tompkins County Health
Department.
(c) The entire district shall be kept free and clear of all litter and maintained in a neat and
orderly manner and landscaped in keeping with the surrounding area.
(d) Off-street parking shall be provided adjacent to all structures as specified in Article XX,
§ 212-121.
(e) Signs may be erected or affixed as specified in Article XX, § 212-122.
D. Development District No. 4: Stover Saw Mill (formerly Development District No. 8, created October 14,
198o).
(1) Allowed uses. The purposes for which this district maybe used areas follows:
(a) Operation of a sawmill in an existing 3o feet by 144 feet structure, with planing and treating
sheds, for the processing and sale of forestry products, such as milled lumber, treated posts,
firewood and wood by-products, such as sawdust and slab wood.
(b) Retail sale of agricultural fertilizers, lime, chemicals and seed, and mixing and custom -
application of agricultural fertilizers, lime and chemicals.
(c) Retail sale of small motorized agricultural equipment to farmers; this does not include lawn
mowers, garden tillers, chainsaws and other lawn and garden equipment and supplies.
(d) Retail sale of Farm Bureau tires and batteries for agricultural equipment.
(e) The construction of a farm shop and agricultural sales and service building approximately 48
feet by 96 feet to house a portion of the activities above described, on the north side of
Gorge Road.
(f) The construction of a sawdust -containment building approximately 30 feet by 30 feet on the
south side of Gorge Road.
(g) The construction of a sizing building approximately 3o feet by 50 feet on the south side of
Gorge Road.
(h) The construction of a treating shed approximately 40 feet by 125 feet on the south side of
Gorge Road.
(i) Construction of a fertilizer- and chemicals -mixing building approximately 40 feet by ioo feet
on the south side of Gorge Road.
(j) The construction of a truck scale shelter approximately 25 feet by 50 feet on the south side
of Gorge Road.
(k) All structures shall be located at least 75 feet from the highway right-of-way.
(1) Creation of this Development District, or the specification herein of permitted uses, does
not limit the continuing permitted use of farming, i.e., for the general agricultural purposes
of livestock and crop production and sales.
(m) The construction of any other buildings within the Development District hereinafter
described shall be considered an additional and further use for which an application shall be
made to the Town Board pursuant to Article III, § 212-20.
(2) District area and boundaries. The area of said district shall be approximately 38 acres, on both the
northerly and southerly sides of Gorge Road, bounded and described as follows:
BEGINNING at a point in the center of Taughannock Falls Road (Gorge Road), said point of
beginning being 441.3 feet southwesterly along the center of said road from its intersection with
the north line of Military Lot #9, thence north 68 degrees, 22' west (passing through a pipe in the
northwesterly line of said road) along an old fence, 303.4 feet to a point marked by an iron pipe;
thence south 62 degrees, 8' west. 797.8 feet to a point in an old fence and hedgerow; thence
south 11 degrees, 32' east 1,137 feet crossing Gorge Road to a pipe in the north line of the former
Lehigh Valley Railroad right-of-way (New York State Electric and Gas right-of-way); then running
south 72 degrees lo' east along said right-of-way approximately 1,243 feet to a point marked by a
pipe; then running northwesterly approximately 904 feet to a point marked by a pipe; then
running northeasterly approximately 575 feet to a point marked by a pipe on the south bank of
the stream near a large honey locust tree; then running northwesterly approximately 700 feet
along the hedgerow passing through a point marked by a pipe at the end of the hedgerow to the
center of Gorge Road; then running southeasterly along Gorge Road approximately ioo feet to
the point of beginning.
(3) District specifications.
(a) No access road or driveway shall enter the public highway within 75 feet from the
intersection of the highway and a boundary of the district.
(b) No saw logs, lumber or wood by-products shall be placed within 75 feet of any boundary of
the district or any highway.
(c) Evergreen trees 4 feet to 5 feet in height shall be planted in two rows, alternately spaced, at
intervals of 20 feet along that portion of the western boundary of the district southerly from
the Gorge Road to the New York State Electric and Gas right-of-way, in order to provide
both a visual screen and sound barrier for the existing building housing the sawmill.
(d) An electric motor for the new sawmill shall replace the present power source and be located
to the east of the sawmill; this new power source shall be operational within three months or
as soon thereafter as New York State Electric and Gas Corp. can provide the necessary
electrical service.
(e) Until the aforesaid electric motor shall be in operation, a temporary sound barrier shall be
erected to the west of the present sawmill in accordance with specifications of the Extension
Safety Engineer, Department of Agricultural Engineering, Cornell University.
(f) No sawing of logs shall take place on Sundays or holidays, or on weekdays except between
the hours of 7:0o a.m. and 7:00 P.M.
(g) Any agricultural chemicals or chemicals for the preservative treatment of lumber shall be
stored, used and disposed of in accordance with applicable federal, state and local
regulations so that there shall be no discharge of hazardous chemicals to the environment
and no broadcast of offensive odors.
(h) There shall be no outside storage or display of farm machinery and equipment offered for
retail sale.
(i) The entire district shall be kept free and clear of all litter and maintained in a neat and
orderly manner.
(j) Off-street parking shall be provided adjacent to all buildings housing retail sales as specified
in Article XX, § 212-121.
(4) Signs. Two signs not exceeding 18 square feet in area per sign, referring to the use of the
premises, are authorized. These signs shall not be self -illuminating and the bottom of said signs
shall not be more than five feet from the ground.
E. Development District No. 5: Automobile Business — David Kline (formerly Development District No. 9,
created February 14, 1984, amended May 31, 1984, October io, 1989, June i9, 1997, October 1, 1998,
August 2005, and March 2008).
(1) Allowed uses. The purposes for which the district maybe used areas follows:
(a) Automobile, farm equipment and truck repairs, including all types of mechanical, body and
interior work.
(b) New York State motor vehicle inspections.
(c) Retail sales of automotive, farm equipment and truck parts, both new and used, and
automotive -related items, such as paint, oil, tires, rims, tools, gas cans, jacks, etc.
(d) Retail sales of new and used vehicles, including exterior display of vehicles for sale.
(e) The construction of an addition to the existing garage on the premises approximately 24 feet
by 42 feet for a retail store and work space.
(f) A custom cabinet, furniture and woodworking shop and related accessory sales uses per
amendment adopted October 1, 1998.
(g) The construction of any other buildings within the Development District hereinafter
described shall be considered an additional and further use for which an application shall be
made to the Town Board pursuant to Article III, § 212-20.
(2) The district areas and boundaries shall be amended to read as follows. The area of said district
shall be i,750 feet along the west side of State Highway Route 96, with a depth of 500 feet,
bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of Tompkins, and
State of New York, and being part of Military Lot Nos. 8 and 14 in said Town, more particularly
bounded and described as follows:
BEGINNING at a point in the southwesterly line of New York State Route 96 (Ithaca-Trumansburg
Turnpike) that is located South 570 22' 46" West a distance of 33 feet from a point in the center
line of said New York State Route 96 that is located northwesterly measured along the center of
the line of New York State Route 96 a tie measurement of 1,312 feet, more or less, from the
intersection of said center line with the center line of Cold Springs Road.
Thence North 350 17' 27" West along the southwesterly highway line of New York State Route 96 a
distance of 419.66 feet to a point;
Thence South 6i' 15' 35" West (passing through a point marked by an iron pin at 9 feet and
passing through a point marked by another iron pin an additional 53i.6o feet) a total distance of
578.i0 feet to the point of intersection with the line labeled "approx. location zoning boundary" as
shown on a survey map entitled "SURVEY MAP SHOWING LANDS OF DAVID G. KLINE, LOCATED
ON N.Y.S. RTE. 96, TOWN OF ULYSSES, TOMPKINS COUNTY, NEW YORK" completed by T.G.
Miller P.C., Engineers, & Surveyors, dated 5/21/2007;
Thence in a southeasterly direction on a line labeled "approx. location zoning boundary", which
line is parallel with the southwesterly highway line of New York State Route 96 a distance of
approximately 53.i2 feet to a point in the northerly line of premises reputedly owned by Murray as
shown by instrument recorded in the Tompkins County Clerk's Office as instrument No. 45600l-
00i;
Thence South 860i4' 38" East a distance of approximately i8.7 feet to a point marked by an iron
pin;
Thence South 86' 14' 38" East and distance of 15932'to a point marked by an iron pin;
Thence North 570 22' 46" East a distance of 2i8.70 feet to a point marked by an iron pin;
Thence South 35' 08' 38" East a distance of 242.00 feet to a point marked by an iron pin;
Thence South 86' 4617" East a distance of i00.i3 feet to a point marked by an iron pin;
Thence North 570 22' 46" East (passing through a point marked by an iron pin at 124.88 feet) a
total distance of i40.88 feet to the point and place of beginning, labeled as PARCEL B on the
aforementioned survey map and being that portion of Parcel B currently located in Development
District No 5. as shown on the aforementioned survey map.
(3) District specifications.
(a) Vehicles for sale shall not be parked or displayed closer than 75 feet from the paved edge of
the highway, and shall be confined to an area within the Development District, measured
along State Highway Route 96, no longer than 500 feet from the southernmost and
northernmost vehicle so displayed.
(b) All inoperative motor vehicles or vehicles under repair, parts and bulk supplies shall be kept
in an enclosed structure; there shall be no outside storage or display of any parts, supplies or
materials.
(c) The entire district shall be kept free and clear of all litter and maintained in a neat and
orderly manner.
(d) Off-street parking shall be provided adjacent to all structures as specified in Article XX,
§ 212-121.
(e) The provisions of Article XX, § 212-131 shall apply to this Development District.
Development District No. 6: Koskinen Auto Repair (formerly Development District No. 10, created May
31,1984, and January 30, 2003).
(1) Allowed uses. The purposes for which the district maybe used areas follows:
(a) Automotive and truck repairs, including all types of mechanical, body and interior work.
(b) New York State motor vehicle inspections.
(c) Retail sales of automotive and truck parts, both new and used, and automotive -related items,
such as paint, oil, tires, rims, tools, gas cans, jacks, etc.
(d) Existing residential and agricultural uses.
(e) Development District No. 6 was modified to allow a 30 foot by 48 foot addition on January
30, 2003.
(f) The construction of any other buildings within the development district shall be considered
an additional and further use, for which an application must be made to the Town Board
pursuant to Article III, § 212-20.
(2) District area and boundaries.
BEGINNING at a point in the westerly line of the Podunk Road, and in the southerly line of the
premises of Richard Stilwell (Tax Map Parcel 22-5-3); running thence westerly along Stilwell's south
line a distance of 300 feet to a point; running thence southerly parallel with the Podunk Road a
distance of 535 feet to a point; running thence easterly and perpendicular to the Podunk Road a
distance of 175 feet to a point; running thence southerly parallel with the Podunk Road a distance
Of 200 feet to a point; running thence southeasterly a distance of approximately 13o feet to a
point in the westerly highway line, running thence in a northerly direction along the western edge
of the Podunk Road a distance of approximately 830 feet to the place of beginning. Together with
a rectangular area with a depth of 500 feet and frontage of 60o feet on the easterly side of
Podunk Road, across from the parcel above described, in the northwest corner of Tax Map Parcel
21-1-13.
(3) District specifications.
(a) All inoperative motor vehicles or vehicles under repair, parts and bulk supplies shall be kept
within an enclosed structure; there shall be no outside storage or display of any parts,
supplies or materials.
(b) The entire district shall be kept free and clear of all litter and maintained in a neat and
orderly manner.
(c) Off-street parking shall be provided adjacent to all structures as specified in Article XX,
§ 212-121.
(d) Signs may be erected or affixed as specified in Article XX, § 212-122.
(e) The provisions of Article XX, § 212-131, shall apply to this Development District.
G. Development District No. 7: Finger Lakes -Seneca Cooperative Insurance Company (formerly
Development District No. 18, created August 16, 1988).
(1) Allowed uses. The purposes for which the district may be used are as follows:
(a) Professional office building.
(2) District area and boundaries.
BEGINNING at an iron pin set in or near the westerly street line of Mecklenburg Road (New York
State Route 227), which pin is set North 86 degrees 27 minutes 2 seconds West a distance of
94.92 feet from a point in the center line of Mecklenburg Road, which said point is northeasterly a
distance of 749.1+/- feet from its intersection with the center line of Mayo Road; running thence
North 86 degrees 27 minutes 22 seconds West along a hedgerow, a distance of 34538 feet to an
iron pin, running thence North 5 degrees 34 minutes 57 seconds East along a hedge row, a
distance of 805.61 feet to an iron pin set in the southerly line of lands now or formerly of Douglas
J. Austic and Paula K. Austic, which line also marks the boundary between Military Lots #11 and #5;
running thence, South 83 degrees 50 minutes, 36 seconds East a distance of 56o.61 feet to a point
in a twelve -inch cherry tree, marking a fence corner; running thence, South 5 degrees, 16 minutes
21 seconds West along the westerly line of land now or formerly of Fred M. and Margaret
Denmark, a distance of 552.48 feet to an iron pin, which pin is northwesterly a distance of 3.54
feet from an old pipe and southwesterly a distance of 28.85 feet from a concrete monument;
running thence, South 48 degrees, 27 minutes, 33 seconds West, along the westerly street line of
Mecklenburg Road, a distance of 320.99 feet to the iron pin marking the point and place of
beginning, containing 9.667 +/- acres of land.
(3) District specifications.
(a) The size of the main building shall be no more than 5,500 square feet with a height of no
more than 28 feet, six inches at its highest point as per Project No. 7372, dated July 1988,
which is on file. The exterior of the building shall be done in cut stone and one -inch by six-
inch cedar board.
(b) There will be a minimum of 25 parking spaces and a maximum of 55 parking spaces. All
parking, except for visitor parking, will be on the west side of the building. Asphalt on the
parking areas will be applied within two years.
(c) The building and its use are considered a professional office building as defined in Article IV.
(d) A storage building not more than 400 square feet in area may be erected. The exterior of
this storage building shall be of the same materials as the main building. It will be landscaped
and will be situated on the west side of the main building. It will be subject to the issuance of
a building permit.
(e) Signs shall conform to Article XX, § 212-122.
(f) Exterior building lights, sign and security lights are permitted, however, they are subject to
the provisions of Article XX, § 212-123.
(g) The property shall be maintained in a well-groomed and mowed condition and shall be
landscaped in such a manner as to be attractive to the area.
(h) The construction of any other buildings within the Development District shall be considered
an additional and further use for which an application must be made to the Town Board
pursuant to Article III, § 212-20.
H. Development District No. 8: Moore's Outboard Sales and Service (formerly Development District No.
i9, created July 18,1991).
(i) Allowed uses. The purposes for which the district maybe used areas follows:
(a) Sales and service of small marine motors and accessories.
(2) District area and boundaries.
BEGINNING at an iron pin set near the easterly road line of Dubois Road 30 feet north of center
line of creek culvert which defines the southwest border to Tax Parcel 32-2-8.2 and continuing
northerly i84 feet along the center line of Dubois Road to an iron pin along the easterly road line
of Dubois Road; then continuing 220 feet easterly and perpendicular to Dubois Road to an iron
pin,; then continuing 125 feet northerly and parallel to Dubois Road to an iron pin; running thence
38o feet easterly and perpendicular to Dubois Road to an iron pin, then continuing 309 feet
southerly and parallel to Dubois Road to an iron pin; and thence returning boo feet westerly and
perpendicular to Dubois Road to the iron pin marking the point and place of beginning; conveying
3•14 acres.
(3) District specifications.
(a) The existing building is to be used for business. No new buildings are allowed. Well and
septic systems are to be installed according to Tompkins County Health Department
requirements.
(b) Business hours shall be limited to between 8:3o a.m. and 5:30 p.m., Monday through Friday;
8:3o a.m. to 3:00 p.m. Saturday; and 9:0o a.m. to i2:oo noon on Sunday. Most repairs will be
done during weekdays; repairs after 5:00 p.m. will be done inside the building.
(c) Customer parking for up to six cars will be located in front of the building. Parking lot area is
to be 40 feet deep by 50 feet wide and centered in front of the building.
(d) Storage for i5 boats to 20 boats waiting to be picked up or serviced will be permitted on the
north side of the building. Storage of io boats to i5 boats is permitted within the building. Up
to five boats may be stored outside over the winter.
(e) A stockade fence up to six feet in height shall be installed on the north side of the building
along the boundary line of the Development District.
(f) Improvements to buildings and grounds: roof to be painted, trim to be painted, area around
building to be kept clean with no outside storage other than boats with or without motors
and trailers.
(g) Signs: one lighted sign with plastic face on front of the building, not to exceed three feet by
five feet in size.
(h) Exterior building lights, sign and security lights are permitted, subject to the provisions of
Article XX, § 212-123.One pair of floodlights on each side of building shall be allowed.
Lighting is to be cast in a downward direction so as not to constitute a hazard to drivers and
an annoyance to neighbors.
(i) Ten pine trees are to be planted along the southerly boundary line of the Development
District.
(j) All existing floor drains within the building shall be core -filled with appropriate concrete
material, and all existing drains exiting the building shall be removed.
(k) Used gear lubricants and motor oils shall be stored in a two -hundred -fifty -gallon tank, which
shall be pumped when full by an authorized handler of petroleum waste material. There shall
be no liquid or solid waste disposed of on the property other than that authorized by the
Tompkins County Health Department.
(1) The construction of any other buildings within the Development District shall be considered
an additional and further use for which an application must be made to the Town Board
pursuant to Article III, § 212-20.
Development District No. 9: Flo -Tech (formerly Development District No. 21, created January 26,
2004).
(1) Allowed uses. The purposes for which the district maybe used areas follows:
(a) The manufacture of prosthetic devices, and all necessary activities connected therewith.
(2) District area and boundaries.
BEGINNING at a point where New York State Route 96 intersects Tompkins County Highway
known as Halseyville Road, being the northeastern corner of said rights -of -way of each road as
shown on said survey; thence north 160 33' 40" west along the eastern boundary of NYS Route 96,
a distance of 214.56' to a point; thence north 79' 2615" west, a distance of 303.62'to a point;
thence south i6" 33' 40" east, a distance of 396.66'to a point; thence south io° 18' 35" west, a
distance of 136.28'to a point; thence south 790 2615" east, a distance of 221.32'to a point on the
easterly boundary of said Halseyville Road; thence north io° 18' 3S" east, along said easterly right-
of-way of Halseyville Road, a distance of 298•34'to the point or place of beginning.
The above premises being three acres of land.
(3) District specifications.
(a) In connection with said use, up to io full-time or full -time -equivalent employees are
permitted.
(b) The facility on site must comply with all given application criteria and receive Ulysses
Planning Board site plan approval, to insure compliance of all of the applicant's proposals
before a building permit shall be issued.
(c) Any road entrance shall comply with state and county highway rules and regulations.
(d) Any water and septic infrastructure shall comply with Tompkins County Health Department
codes and receive its approval.
J. Development District No. io: Computer Services (created September 6, 2005).
(1) The purposes for which the Development District maybe used is as follows:
(a) Agricultural use as defined under the Agriculture and Markets Law.
(b) Computer software research and development not to exceed 3o employees to be located in
structures shown on site plan map dated May 30, 2005, as drawn by Cheryl Lee Thompson,
licensed architect, inclusive of residential use in said structures.
(2) Area of the district. The area of said district shall be approximately 22.84 acres consisting of
parcels presently owned by Terrill Moore and Judith Cone, Tax Parcels 33.-2-1.2, 31-2-1.3; and 33.-2-
i.4 in the Town of Ulysses, bordering Perry City Road on the North and Krums Corners Road on
the west, and more particularly described as follows:
ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Ulysses, County of Tompkins,
State of New York, more particularly Bounded and described as follows:
BEGINNING at a point marking the intersection of the center line of Perry City Road with the
center line of Krums Corners Road;
Thence South 81 degrees 50 minutes 15 seconds East along the center line of Perry City Road
803.21 feet to a point;
Thence South 7 degrees io minutes 51 seconds West (passing through a pin a 25.76 feet)
754.20 feet to a pin;
Thence South 81 degrees 50 minutes 15 seconds East (passing through a pipe at 150 feet)
395.82 feet to a pin;
Thence South 9 degrees o6 minutes of second West 36o feet to a pin;
Thence North 82 degrees oo minutes 35 seconds West 998.57 feet to a pin;
Thence North 82 degrees o8 minutes West passing a pipe at 174.7 feet a total distance of 200
feet to the center line of Krums Corners Road;
Thence North 7 degrees 45 minutes East 446.9 feet along the center line of Krums Corners
Road;
Thence North 07 degrees 47 minutes 50 seconds East 671.70 feet to the point or place of
beginning.
Article XX. Design Standards
§ 212-119. Purpose.
The purpose of this article is to provide specific standards to be applied to the design of buildings,
structures, commercial or industrial sites and other types of land uses in the Town of Ulysses, in order to
promote the orderly physical development of the community, ensure the health and safety of the public,
conserve the natural and cultural resources and the rural character of the community and to minimize the
negative environmental impact of such development.
§ 212-120. Environmental performance standards.
A. Yards. All required yards in any zoning district may be either landscaped or left in a natural state. In any
case, however, they shall be maintained as not to cause health or safety conditions as specified in
Section 302 of the New York State Property Maintenance Code. Parking areas in all zoning districts
shall also be maintained as not to cause health and/or safety conditions.
B. Noise.
(1) All events issued permits and recognized public celebrations are excluded from the noise
restrictions of this chapter.
(2) Noise from any source shall be muffled so as not to become objectionable due to sustained
intermittence, beat, frequency, tone, pitch or intensity that repeatedly exceeds two hours during
daylight and 30 minutes at night. Noise associated with normal property maintenance and
temporary construction is exempt from this provision.
(3) No land use or other activity that generates a sound level that exceeds the limits set forth below
shall be undertaken. The level of sound shall be measured at the boundary of the property
generating the sound, and shall not exceed 90 dBa between the hours of 7:oo a.m. and ii:oo p.m.,
and S5 dBa between the hours of 11:oo p.m. and Too a.m.
(4) For the purpose of this chapter, noise generated during the course of agricultural operations
defined as sound agricultural practices pursuant to Article 25-AA, § 308, of the Agriculture and
Markets Law is exempt.
C. Odors. Odors from any use, except for agricultural practices as provided for in Article V, § 212-24, shall
not be discernible at the property line to the extent that they are reasonably obnoxious to a
surrounding inhabitant within 500 feet of the property line.
§ 212-121. Standards for parking in all zoning districts.
A. Minimum requirements for off-street parking.
(1) The following requirements for parking reserve shall apply. At the time of site plan review the
applicant shall indicate the number of parking spaces to be improved. The minimum
requirements shall be maintained open and clear to the sky. All required parking shall have all-
weather surface.
Bank or other financial institution
Beauty shop, barber shop and similar
services
Bed -and -breakfast
Bowling alley
Business or professional office
Child group and family group care
Church, mosque, synagogue, temple or
other place of worship
1 space/too square feet of gross floor area,
excluding storage or mechanical equipment areas
2 spaces/ioo square feet of gross floor area,
excluding storage or mechanical equipment areas
The greater of i space for each sleeping room or i
space for every 2 beds
3 spaces for each lane
The greater of 1 space/too square feet of gross
floor area, excluding storage or mechanical
equipment areas, or 1 space for each employee
i space for each employee
i space for every 4 seats
Community center, fraternal organization, i space/too square feet of gross floor area,
clubhouse, hunting club excluding storage or mechanical equipment areas,
Conference center
Cottage industry
Educational institution
Funeral home
Hospital; nursing home; residential
care/assisted living/rehabilitation facility
Hotel
Kennel
Light industry
Lodge
Research and development enterprise
Residence, single-family
Residence, two-family
plus 1 space for each employee
i space for every 3 seats, plus i space for each
employee
i space for each employee plus i space/i,000 square
feet of gross floor area, excluding storage or
mechanical equipment areas
3 spaces for each classroom
i space for every 5 seats
i space for every 2 beds, plus i space for every 3
employees
1 space for each guest room, plus i space for every 3
employees
i space for each employee, plus i space for every 5
animal pens
i space for every shift employee
The greater of i space for each sleeping room or i
space for every 2 beds
1 space/too square feet of gross floor area
2 spaces/dwelling
2 spaces for the first dwelling, i space for the
second dwelling
Residence, multiple -family i.5 spaces/dwelling
Residence, manufactured home 2 spaces/dwelling
Restaurant or bar i space for every 4 seats
Restaurant, drive -through i space for every 4 seats
Retail printing, plumbing, welding and other i space/5oo square feet of gross floor area
similar shops
Retail store i space/too square feet of gross floor area.
Retail lumber and building materials i space/5,000 square feet of gross floor area, plus i
space for each employee
Self-service storage i space for every io units or fraction thereof
Theatre, auditorium or other place of public i space for every 5 seats
assembly
Warehouse or wholesale distribution facility i space for every 2 employees
(2) For any uses allowed in the Bi—Business District, Hi —Hamlet District and IL —Light Industrial
District there shall be one off-street loading space for each 20,000 square feet of floor area or
portion thereof.
B. Parking design standards.
(1) Except in the case of single-family and two-family dwellings, there shall be no parking allowed in
any front yard, side yard or rear yard setback areas, except in established driveways.
(2) The minimum allowable dimensions of a parking space shall be nine feet wide by 20 feet long.
Parking spaces so designated for persons with disabilities shall include on one side a minimum of
an additional four feet of width in order to accommodate wheelchair lifts.
(3) Travel aisles for vehicles within a parking lot shall be a minimum of 22 feet in width for aisles
intended for two-way traffic. Where angled parking with one-way traffic circulation is proposed,
the minimum aisle width shall be i3 feet if the angle of the parking spaces is 450 from the
perpendicular, and i8 feet if the angle of the parking spaces is 6o° from the perpendicular.
(4) In an RM—Multiple-Residence District, MHP—Manufactured Home Park District, 131—Business
District, Hi —Hamlet District, and IL —Light Industry District where a proposed parking lot is
larger than nine spaces in size, there shall be planted one deciduous canopy tree for every five
parking spaces proposed. Said trees shall be of a species with a height at maturity of at least 30
feet, of a species known to be compatible with regional climate conditions, and shall be at least 2.5
inches in diameter and four feet from the ground at time of planting.
(5) All off-street parking shall be paved, surfaced or covered with gravel so as to be well -drained, and
shall be provided with necessary access drives.
(6) All parking areas are to be maintained in a well -kept condition.
§ 212-122. Standards for signs.
A. General.
(1) Unless otherwise specified in this chapter, no portion of any sign shall extend into the road or
street right-of-way.
(2) Any sign authorized by this chapter shall be maintained in a safe condition and kept in good
repair.
(3) Any sign authorized by this chapter may contain noncommercial, free -speech copy in lieu of any
other copy.
(4) A freestanding sign less than one foot thick shall be considered one sign. The area limitations of
such sign shall be measured on one side of the sign. Advertising as permitted may be on both
sides.
(5) If a sign consists of independently detachable letters or symbols, the area of the sign shall be
determined by measuring the area within a rectangle enclosing all such letters or symbols as they
are intended to be installed.
(6) In all districts, neither freestanding signs nor signs applied to buildings shall be placed in a manner
that puts the top edge of the sign or sign structure more than 15 feet above the average ground
elevation along the length of the sign, including any sign mast. The following sections limit this
height further in some districts.
(7) In measuring the area limitation of advertising letters or symbols placed on building surfaces, or
other permitted surfaces, the area shall be defined as the one least rectangle that will enclose all
parts of the advertising letters or symbols.
(8) Where advertising letters or symbols are placed on an awning or similar structure attached to a
building, that structure is considered to be a sign. Its use and area are limited as other signs
attached to a building facade.
B. Sign illumination and internally illuminated signs.
(1) In this section the term "illuminated sign" applies to both signs that are illuminated by external
light sources and those with internal illumination.
(2) Any sign that is illuminated from any light source other than an internal light source shall be
illuminated by a fully shielded light source or sources, designed and placed in a manner that:
(a) Restricts the area of illumination to the sign face;
(b) Directs light only in a downward manner; and
(c) Precludes the casting of any glare or light from said source beyond the sign face in any
upward direction, horizontally to the side of, or to the rear of the sign structure.
(3) No light shall be cast upward beyond a horizontal plane level with the light source, or onto any
adjoining property.
(4) An illuminated sign or lighting device shall not be placed or located as to permit the beams and
illumination to be directed or beamed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
(5) Any illuminated sign or sign -lighting device shall employ only lights emitting a light of constant
intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving
light or lights.
(6) Illuminated signs must be turned off at ii:oo p.m., except at places of entertainment where they
may remain on until 12:00 a.m.
C. Signs in any district. In addition to the types of signs specifically listed in this section (§ 212-122), the
following signs are permitted in any zoning district:
(1) Any sign required by law;
(2) Official signs required by a governmental agency or utility, provided such sign does not exceed 24
square feet in area;
(3) Temporary signs with a surface area not to exceed nine square feet, posted by, or with the
permission of, the owner of the property on which the sign is located;
(4) One sign advertising for the sale, hire or lease of only the land or buildings on the lot or parcel on
which the sign is located, provided such sign does not exceed nine square feet in area;
(5) One temporary sign denoting the responsible architect, engineer and general contractor placed
on the premises where construction, repair or renovations are in progress, provided such sign
does not exceed nine square feet in area;
(6) One temporary sign for advertising the sale or rental of services or goods on the premises, not to
exceed nine square feet in area and for a period of time not to exceed two weeks in a two -month
period.
D. Business directional signs. In any zoning district where business directional signs are allowed:
(1) There shall be no more than two such signs within the Town for any one parcel occupied by a
business or businesses; additional businesses on the same parcel may not place additional signs.
(2) No business directional sign shall exceed six square feet per side in area, nor exceed six feet in
height at the top of the sign.
(3) No business directional sign shall be placed less than 500 feet from the intersection at which
prospective customers are being directed to turn off the road or highway along which said sign is
located.
(4) All business directional signs shall be designed and constructed to conform to New York State
Department of Transportation specifications, including specifications related to breakaway sign
Posts.
E. Signs in R1, R2, LS, CD, RM, MD, and MHP Districts. In an Ri—Rural Residence District, R2—Moderate-
Density Residence District, LS—Lakeshore District, CD —Conservation District, RM—Multiple-
Residence District, MD —Marina District, or MHP—Manufactured Home Park, no sign or advertising
device is allowed except the following:
(1) One sign on the property where a home occupation, office of a resident doctor, dentist, musician,
engineer, teacher, lawyer, architect, landscape architect, artist, real estate broker or person
engaged in similar occupation, or family child care business or bed -and -breakfast establishment is
located, provided that such sign does not exceed nine square feet in area;
(2) One freestanding sign and one sign on a building facade, each not to exceed nine square feet in
area, indicating the presence of a:
(a) Apartment complex or multiple -residence development;
(b) Child-care center or group child-care center;
(c) Church, mosque, synagogue, temple or other place of worship, convent, rectory, parish
house;
(d) Community center;
(e) Fire station or other public building necessary for the protection or servicing of a
neighborhood;
(f) Fraternal organization and the clubhouse, hall, post, temple and other facility associated with
the activities of the organization;
(g) Golf course;
(h) Group adult care;
(i) Hospital;
(j) Library, museum;
(k) Life care facility;
(1) Manufactured home park;
(m) Nursing home;
(n) Public and private school, nursery school, or institution of higher education;
(o) Public and private parks or preserves;
(p) Residential care/assisted living/rehabilitation facility;
(q) Bicycle/ski rental business;
(r) Yacht club/marina.
(3) No more than two signs advertising the sale of locally produced farm products at a roadside farm
stand, each not to exceed 12 square feet in area.
Signs in Al, Bi and IL Districts. In the Ai —Agricultural, Bi—Business, and IL —Light Industry Districts no
sign or advertising device is allowed except the following:
(1) Signs used to advertise or call attention to a place, business, person, event, product or service
offered on the premises, either freestanding or attached to the facade of a building.
(2) For retail businesses not in a shopping center, no more than two signs, not to exceed 24 square
feet each if freestanding. If more than one sign is attached to the building facade, the cumulative
square footage of all signs shall not exceed 48 square feet.
(3) For retail businesses in a shopping center, no more than one sign, not to exceed 40 square feet if
attached to a building facade.
(4) For a sign that identifies a shopping center or plaza, and its tenants, no more than one two-sided
sign, not to exceed 120 square feet on a side, not more than 15 feet high located at the entrance
to the shopping center.
(5) For gasoline stations, no more than three freestanding or affixed to the building signs, one of
which shall not exceed 24 square feet in area, including all areas necessary to display gasoline and
other fuel prices, and two of which shall not exceed io square feet in area each. Signs required by
state and federal law are exempt.
(6) For printing, welding, plumbing, and similar enterprises, automobile, appliance and machinery
sales and service, hotels, commercial indoor recreation, no more than one freestanding sign not
to exceed 24 square feet in area. In addition, no more than one sign on a building facade not to
exceed 64 square feet shall be permitted.
(7) For the following uses, no more than one freestanding sign not to exceed 24 square feet and no
more than one sign on a building facade not to exceed 24 square feet shall be permitted:
(a) Agricultural commerce.
(b) Campground.
(c) Conference center.
(d) Light industrial enterprise.
(e) Research and development enterprise.
(f) Sawmill.
(g) Self-service storage facility.
(h) Warehouse.
(i) Wholesale distribution center.
(8) No more than two signs advertising the sale of locally produced farm products at a roadside farm
stand, each not to exceed 12 square feet in area.
(9) No more than two signs identifying a camp club or outdoor recreation facility, including a lodge
or hunting club where allowed, each not to exceed nine square feet in area.
(io) One sign on the property where a home occupation, professional office, family child care
business, or bed -and -breakfast establishment is located, provided that such sign does not exceed
nine square feet in area.
G. Signs in the Hi District. In the Hi —Hamlet District no sign or advertising device is allowed except the
following:
(1) One sign on the property where a home occupation, office of a resident doctor, dentist, musician,
engineer, teacher, lawyer, architect, landscape architect, artist, real estate broker or person
engaged in similar occupation, or family child-care business, or bed -and -breakfast is located,
provided that such sign does not exceed nine square feet in area.
(2) One freestanding sign not to exceed lz square feet in area, indicating the presence of a:
(a) Apartment complex or multiple -residence development;
(b) Bank or other financial institution, or business office;
(c) Child-care center, group child-care center, adult care or group adult care;
(d) Cemetery, church, mosque, synagogue, temple or other place of worship, convent, rectory,
parish house;
(e) Community center;
(f) Fire station and other public building necessary for the protection or servicing of a
neighborhood;
(g) Fraternal organization and the clubhouse, hall, post, temple or other facility associated with
the activities of the organization;
(h) Funeral home;
(i) Gasoline and retail vehicle fuel sales;
(j) Library, museum;
(k) Life care facility;
(1) Nursing home;
(m) Place of amusement;
(n) Public or private school, nursery school, or institution of higher education;
(o) Public or private park and preserve;
(p) Residential care/assisted living facility/rehabilitation facility;
(q) Restaurant, tavern, bar or other food establishment; or
(r) Retail service establishment and retail store.
(3) One sign mounted on a facade of a building, not to exceed 24 square feet, or not to exceed 32
square feet if the sign is in the lintel:
(a) Bank or other financial institution;
(b) Business office;
(c) Gasoline and retail vehicle fuel sales;
(d) Library;
(e) Museum;
(f) Nursing home;
(g) Place of amusement;
(h) Public or private park or preserve;
(i) Restaurant, bar or other food establishment; or
(j) Retail service establishment and retail store.
H. Nonconforming signs. Any sign in existence at the time of adoption of this chapter shall be brought
into conformance with this chapter when the sign is physically modified, reconstructed or replaced.
§ 212-123. Standards for outdoor lighting.
A. Appropriately regulated and properly installed outdoor lighting will contribute to the safety and
welfare of the residents of the Town.
B. This section is intended to assist property owners in their efforts to provide a safe and secure
environment, control energy costs and keep unnecessary direct light from shining onto abutting
properties or streets. It is also intended to reduce the problems of glare, minimize light trespass, and
help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit
the area that certain kinds of outdoor lighting fixtures can illuminate and by limiting the total allowable
illumination of lots located in the Town of Ulysses.
C. In order to assure that walkways, parking lots and other outdoor areas accessible to the general public
are safely illuminated at night, the following minimum standards for outdoor lighting levels shall be
adhered to. These outdoor lighting levels are the minimum levels that are generally considered
adequate for the designated areas. Individual site lighting requirements can vary considerably, however,
and property owners are ultimately responsible for ensuring that adequate illumination of outdoor
areas is provided.
Minimum Required Outdoor Lighting Levels for Development
Subject to Site Plan Approval or special permit in RM, MHP, B7, Hi, and IL Districts
Footcandles Lux
Area (fc) (Ix)
Walkways
Parking areas: regional shopping centers, fast-food
facilities, convenience stores, retail gasoline sales
Parking areas: retail stores or shopping centers open
before 8:oo a.m. or after 5:30 p.m., office parks, hospital
parking lots, cultural, recreational or civic complexes, and
parking areas for apartment complexes
0.5 5
0.9 10
o.6 11
Retail stores or shopping centers open after 8:oo a.m. 0.2
and closing at or before S:30 p.m., employee parking
areas for industrial development; schools and other
educational facilities; churches and other places of
worship; and other public areas where there is generally
very little nighttime activity
D. Any lights used to illuminate the exterior of a single-family, two-family, multiple -family, dormitory or
other group residence, or manufactured home park, or a commercial, industrial, or other
nonresidential space or parcel, including buildings, signs and other structures, parking and pedestrian
areas and landscaping, shall be designed and installed such that:
(i) Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and any flood or
spot luminaire with a lamp or lamps rated at a total of more than goo lumens, shall not emit any
direct light above a horizontal plane through the lowest direct light -emitting part of the luminaire;
(2) Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and any flood or
spot luminaire with a lamp or lamps rated at a total of more than goo lumens, shall be mounted
at a height equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest
property boundary;
(3) The maximum height of the luminaire may not exceed 25 feet.
E. Exceptions to the above shall be:
(1) Any luminaire with a lamp or lamps rated at a total of 1,800 lumens or less, and any flood or spot
luminaire with a lamp or lamps rated at goo lumens or less, may be used without restriction as to
light distribution or mounting height, except that if any spot or flood luminaire rated goo lumens
or less is aimed, directed or focused such as to cause direct light from the luminaire to be
directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to
persons operating motor vehicles on public ways, the luminaire shall be redirected or its light
output controlled as necessary to eliminate such conditions;
(2) Luminaires used for public roadway illumination maybe installed at a maximum height of 25 feet
and may be positioned at that height up to the edge of any bordering property.
In the case of outdoor lighting designed primarily to provide security for buildings and outdoor areas,
the Illuminating Engineering Society of North America (IESNA) recommends that there be a minimum
Of 0.5 fc (5 Ix) of illumination in large open areas and along perimeter fences, and 0.5 fc (5 Ix) on the
facades of buildings.
§ 212-124. Standards for vegetated buffer areas.
A. Visual screening buffer.
(1) Wherever a vegetated screening buffer area is required by this chapter, said buffer area shall be
planted and maintained with vegetation that results in a visual barrier that is at least six feet in
height from ground level within three years to five years. All vegetated buffers shall be maintained.
(2) Vegetation within any required buffer area may consist of maintained lawn, shrubs or trees. Plants
selected for use in any required buffer areas should be species that are hardy to the Finger Lakes
region and that are noninvasive. Shrubs when planted may be two feet to four feet in height and
must achieve six feet in height within three years to five years. Trees shall be six feet in height
when planted.
(3) At the discretion of the Planning Board, a fence may be substituted for vegetation to achieve the
required six-foot high visual screen; provided, however, that:
(a) The width of the buffer area is not reduced below the minimum required by this chapter;
(b) The remaining portions of the buffer area shall be planted and maintained with vegetation.
(4) In the case of new construction within a Bi—Business District or IL —Light Industry District, such
a visual barrier shall be planted or built prior to the issuance of any certificate of zoning
compliance by the Zoning Officer.
Stream protection setback.
(1) Healthy stream sides that are vegetated with native woody trees and shrub plants provide flood
reduction, erosion control, groundwater filtration, surface water quality improvement, and wildlife
habitat. Therefore, commercial parcels and properties and all properties in environmental overlay
districts that are being considered for new development or building upgrades and that
encompass or adjoin a stream or creek are required to maintain and protect the existing
vegetated streamside habitat (i.e., setbacks) during and after construction, or restore the
vegetation through plantings in those habitats where such vegetation has been removed.
(2) U.S. Geological Survey topographical maps will be used to classify impermanent and permanent
streams. Impermanent, also known as "seasonal," streams require a minimum of 25 feet of setback
on each side of the stream, extending from the stream bank toward the uplands. Permanent
streams are required to have a minimum 50 feet of buffer on each side of the stream, extending
from the stream bank toward the upland.
(3) Vegetation in stream protection setbacks will consist of native tree and shrub species, tolerant of
the conditions of flooding and soil saturation which are typical of such habitats, and generally
designated as Obligative Wetland, Facultative, Facultative Wetland, or Facultative Upland Species
in the U.S. Fish and Wildlife Service's 1996 National List of Vascular Plant Species that Occur in
Wetlands(www.nwi.fws.gov/bha/list96.html). This design includes approximately 20 feet of
undisturbed mature forest directly adjacent to the bank, a middle zone 15 feet wide of actively
growing forest with periodic thinning, and a third zone approximately 15 feet wide planted in
warm -season grasses. Larger setbacks with wider zones are encouraged to provide greater
stream protection.
§ 212-125. Standards for adult entertainment businesses.
A. Numerous studies have shown that the presence of adult entertainment businesses can have serious,
objectionable secondary effects on the general health, safety and economic well-being of the
community. Such documented secondary effects may include an increase in the rate of crime, the loss
of customers of neighboring commercial establishments, a decline in the value of surrounding
properties, the deterioration of surrounding properties and the onset of blight in surrounding
commercial and residential areas.
B. The purpose of this section is to:
(i) Eliminate or to the extent possible mitigate the negative secondary effects of adult entertainment
uses in the Town of Ulysses;
(2) Provide for these uses within the Town, but in areas where they will have a lesser negative effect
on the community; and
(3) Utilize the least intrusive method of controlling the negative secondary effects of adult
entertainment businesses.
C. Any building in which an adult entertainment business is conducted shall be located at least 200 feet
from the boundary of an Ai —Agricultural District, Ri—Rural Residence District, R2—Moderate-Density
Residence District, RM—Multiple-Residence District, MHP—Manufactured Home District, Hi —Hamlet
District, H2—Hamlet Residential District, or Bi—Business District.
D. Any building in which an adult entertainment business is conducted shall be located at least 500 feet
from any child-care center, group child-care center, church, mosque, synagogue, temple or other place
of worship, community center or any preschool, nursery school, public park, elementary, middle or
high school.
E. Advertisements, displays, or other promotional materials for adult entertainment businesses shall not
be shown or exhibited so as to be visible to the public from any street, sidewalk, or other public place.
Permitted signs shall only display the name of the establishment and hours of operation.
F. All building openings, entries, exits or windows for adult entertainment facilities shall be located,
covered, or screened in such a manner as to prevent a view into the interior from any street, sidewalk
or other public place.
G. In the case of an adult drive-in motion picture theatre, viewing screens shall be situated and screened
so as to prevent observation from any street or adjoining property.
§ 212-126. Standards for animals in residential areas.
The keeping of domestic livestock is permitted in the Ri—Rural Residence District, R2—Moderate-Density
Residence District, and CD —Conservation District residential districts only if:
A. Animal waste shall be managed according to current best management practices to minimize odors,
dust, leaching and water runoff.
B. No buildings where animals are kept shall be located within ioo feet from a stream edge or any
wetland as defined by state or federal law.
C. All domestic livestock shall be kept on the property, and fencing shall be appropriate and adequate for
the species maintained.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. n.
§ 212-127. Standards for campgrounds.
A. Campgrounds, seasonal.
(1) The maximum density of campsites within a campground shall be no more than io per acre,
based on the total area of the parcel.
(2) No campsite shall be closer than 275 feet from the right-of-way of a public road or highway.
(3) To ensure adequate vehicular stacking room during peak campground entry and exit periods, the
length of the entry drive or roadway to the campground shall be designed in a manner that
ensures a distance of at least 200 feet between the public road or highway right-of-way line and
point of registration. In addition, parking for a minimum of five recreational vehicles or
vehicle/trailer combinations shall be constructed to serve the registration building structure. Each
parking space shall be designed to accommodate a recreational vehicle or vehicle/trailer
combination of 40 feet in length.
(4) All roads within the campground shall be at least 12 feet wide for one-way traffic and 20 feet wide
for two-way traffic, constructed with an all-weather surface material, and properly marked with
appropriate directional and traffic safety signage.
(5) Each campsite shall be numbered and shall have a minimum width of 30 feet and a minimum
depth of 50 feet.
(6) No campsites, buildings, tents, structures, or parking areas shall be located within too feet of a
stream edge or any wetland as defined by state or federal law. With the exception of stream
crossings, no roadways shall be located within 50 feet from a stream edge or any wetland as
defined by state or federal law.
(7) Each campsite shall have a designated area for a campfire and shall be located, cleared and
maintained in accordance with recommendations of the Trumansburg Fire Department Chief.
(8) No more than two motor vehicles shall be parked at or be registered at a campsite at any time.
(9) Parking for campground patrons and guests shall be provided in a location or locations
conveniently accessible to the campsites, at a rate of one parking space for each 10 campsites.
(1o) Where the campground property fronts a public road or highway, within the required yard area at
least 50% of the length of the frontage on said public road or highway shall be planted and
maintained with vegetated buffer per the requirements of Article XX, § 212-124.
(11) Any camping unit for sale must be placed on a campsite. There shall be no other commercial sales
except for the sale of firewood, charcoal or other fuel to be used for camping purposes, and an
inventory of miscellaneous and sundry items for the accommodation and use of campers and
their guests.
(12) Storage of camping vehicles, campers, motor homes and boats on trailers is allowed; however,
units in storage can occupy no more than 6o% of all campsites. The storage of more than one
camper, motor home, recreational vehicle, or boat on trailer at any campsite is prohibited.
(13) Provisions for water supplies, sewage disposal and garbage disposal shall meet all the
requirements of the Tompkins County Health Department.
(14) Wildlife and rodent -proof refuse containers shall be provided so that there shall be a minimum of
one container for every four campsites.
(15) 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 all other times when the campground is operating.
(16) The campground shall be kept free and clear of all litter and maintained in a neat and orderly
manner. The owner shall be responsible for the maintenance of all campground facilities,
including areas designated as open space, streets, landscaping, sewage disposal and water supply
systems, and solid waste collection.
B. Campgrounds, overnight.
(1) The maximum density of campsites within a campground shall be no more than 10 per acre,
based on the total area of the parcel.
(2) No campsite shall be closer than 275 feet from the right-of-way of a public road or highway.
(3) All roads within the campground shall be at least 12 feet wide for one-way traffic and 20 feet wide
for two-way traffic, constructed with an all-weather surface material, and properly marked with
appropriate directional and traffic safety signage.
(4) Each campsite shall be numbered and shall have a minimum width of 30 feet and a minimum
depth of 50 feet.
(5) No campsites, buildings, tents, structures, or parking areas shall be located within ioo feet of a
stream edge or any wetland as defined by state or federal law. With the exception of stream
crossings, no roadways shall be located within 5o feet from a stream edge or any wetland as
defined by state or federal law.
(6) Each campsite shall have a designated area for a campfire and shall be located, cleared and
maintained in accordance with recommendations of the Trumansburg Fire Department Chief.
(7) No more than two motor vehicles shall be parked at or be registered at a campsite at any time.
(8) Parking for campground patrons and guests shall be provided in a location or locations
conveniently accessible to the campsites, at a rate of one parking space for each to campsites.
(9) Where the campground property fronts a public road or highway, within the required yard area at
least 50% of the length of the frontage on said public road or highway shall be planted and
maintained with vegetated buffer per the requirements of Article XX, § 212-124.
(1o) Any camping unit for sale must be placed on a campsite. There shall be no other commercial sales
except for the sale of firewood, charcoal or other fuel to be used for camping purposes, and an
inventory of miscellaneous and sundry items for the accommodation and use of campers and
their guests.
(11) Provisions for water supplies, sewage disposal and garbage disposal shall meet all the
requirements of the Tompkins County Health Department.
(12) Wildlife and rodent -proof refuse containers shall be provided so that there shall be a minimum of
one container for every four campsites.
(13) 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 all other times when the campground is operating.
(14) The campground shall be kept free and clear of all litter and maintained in a neat and orderly
manner. The owner shall be responsible for the maintenance of all campground facilities,
including areas designated as open space, streets, landscaping, sewage disposal and water supply
systems, and solid waste collection.
C. Campgrounds, group.
[Added 8-12-2014 by L.L. No. 3-20141
(i) All accommodations shall be of a temporary, seasonal nature only, except as set forth in this
subsection.
(2) The cabins, tent sites or other structures providing accommodations shall provide sleeping space
for no more than seven persons per acre.
(3) No structure containing accommodations shall be closer than 275 feet from the right-of-way of a
public road or highway.
(4) No camping vehicles, campers and motor homes shall be permitted on the premises.
(5) Provisions for water supplies, sewage disposal and garbage disposal shall meet all the
requirements of the Tompkins County Health Department.
(6) Wildlife and rodent -proof refuse containers shall be provided.
(7) Garbage shall be picked up at least once per week during all times when the campground is
operating.
(8) The campground shall be kept free and clear of all litter and maintained in a neat and orderly
manner. The owner shall be responsible for the maintenance of all campground facilities,
including areas designated as open space, streets, landscaping, sewage disposal and water supply
systems, and sold waste collection.
(9) There shall be no more than two single-family residences for each group campground facility. The
use of single-family residences shall be accessory to the group campground use, such as housing
for a caretaker.
(1o) All roads within the campground shall be at least 12 feet wide for one-way traffic and 20 feet wide
for two-way traffic and properly marked with appropriate directional and traffic safety signage.
(11) No campsites, buildings, tents, structures, or parking areas shall be located within too feet of a
stream edge or any wetland as defined by state or federal law, or the lakefront of any lake. With
the exception of stream crossings, no roadways shall be located within 50 feet from a stream
edge or any wetland as defined by state or federal law, or the lakefront of any lake.
(12) The group campground shall have designated areas for campfires and shall be located, cleared
and maintained in accordance with recommendations of the Trumansburg Fire Department Chief.
(13) Where the group campground property fronts a public road or highway, within the required yard
area at least 50% of the length of the frontage on said public road or highway shall be planted and
maintained with vegetated buffer per the requirements of Article XX, § 212-124.
§ 212-128. Standards for elder cottage housing.
The following standards shall apply to elder cottage housing:
A. At least one of the occupants of the elder cottage shall be a person at least 55 years of age related by
blood, marriage or adoption to an occupant of the principal dwelling on the lot where the elder
cottage is situated.
B. The names of the occupants of the elder cottage shall be enumerated on the special permit
application filed with the Town of Ulysses, and no other person or persons may occupy said elder
cottage.
C. Any elder cottage shall be designed and constructed in a manner that would allow easy removal from
the premises. It shall be placed on a foundation designed and constructed in a manner that would
allow easy removal of said foundation and restoration of the site to its original use and appearance
upon removal of the elder cottage. At least one parking space shall be provided for the elder cottage.
D. Adequate water and sewerage disposal arrangements shall be provided for the elder cottages. These
arrangements may include connections to such facilities of the existing principal residence or may be
separate.
E. Any elder cottage placed on a lot shall be considered an accessory structure and shall be clearly
subordinate to the principal residence on the lot.
F. Placement of any elder cottage shall be in accordance with the lot area and yard requirements of the
zoning district within which it is located.
G. No elder cottage shall exceed one story in height.
H. The elder cottage shall be removed from the property within 12o days of being vacated by the
occupant or occupants, and the location shall be restored to its prior state.
§ 212-129. Standards for extractive industry.
A. Extraction operations shall meet all development and performance standards of this chapter and of all
applicable local, state and federal regulations. These standards shall apply to any activities in the Town
of Ulysses defined as extractive industry in Article IV where more than 500 tons or 350 cubic yards,
whichever is less, of a mineral(s) are removed from the earth during 12 successive calendar months.
B. The applicant shall submit information that includes, at a minimum:
(1) A survey of the entire property on which the mining activity is proposed showing topography, the
locations of all streams, wetland and other bodies of water and existing vegetation;
(2) A site plan showing the lands to be mined, all proposed buildings or structures, equipment
maintenance, parking or storage areas, access roadways and all required buffer areas and visual
barriers;
(3) A proposed mining plan, including information on type of deposit (e.g., glacial, etc.), name of
mineral (sand, gravel, clay, etc.) proposed to be mined, type of mining operations (surface,
unconsolidated, etc.), proposed mining method, proposed mining sequences and directions,
proposed grades and slopes, location and elevation of mine floor, and disposition of stockpiles
and waste materials;
(4) The proposed pollution -control measures to address potential air pollution (dust), noise pollution
or water pollution (water -borne sediments);
(5) A reclamation plan that, at a minimum, shall clearly show how the site will be restored to either:
(a) A condition similar to or compatible with that which existed prior to any mining; or
(b) Some other productive use of the land, such as forests, pasture, crops, wildlife area, etc.; or
(c) Suitable land for subsequent development or construction; and shall include an estimated
cost of site reclamation upon the cessation of mining operations;
(6) Information on the width, bearing capacity and type of road surface of all Town of Ulysses roads
proposed to be used by truck traffic to or from the site and the nearest county or state highway,
and the weight of the vehicles using the facility;
(7) Any other information deemed reasonable and necessary by the Planning Board in its
consideration of site plan approval.
C. The applicant's mining and reclamation plans shall describe the mining method as designated by the
applicant on the basis of current or anticipated mining practices, and the reclamation method, having
as its objective the preparation of the affected land for a future productive use. The proposed method
of mine operating and the method of reclaiming the affected land to achieve the applicant's land -use
objective shall be compatible with sound environmental management practices.
D. An analysis by the applicant shall indicate if any improvements to Town and county roads may be
necessary.
E. Zoning district setback requirements notwithstanding, any excavation or quarry wall, and any
equipment used for rock, gravel, soil or mineral -crushing or other processing, shall be located a
minimum of 250 feet from any property boundary line or public road or highway right-of-way.
F. Except for ingress and egress roadways, no roadways within the site shall be closer than 200 feet from
a property line.
G. No accessory buildings or structures, or equipment maintenance, parking or storage areas, shall be
closer than loo feet from any public road or highway right-of-way, or other property boundary.
H. A vegetated earthen or rock berm with a crest at least eight feet above any adjacent public road or
highway, and with a side slope not exceeding a rise of one foot for each 2.5 feet of horizontal distance,
shall be constructed and maintained prior to commencement of mining production or sale activities.
I. No mining activities, buildings, structures, parking areas, equipment or production storage areas shall
be located within ioo feet from a stream or any wetland as defined by state or federal law.
J. A visual screen at least 40 feet in width and composed of evergreen trees shall be planted along any
site boundary line that abuts one or more residential lots. All evergreen trees shall be at least eight feet
in height at time of planting and be spaced so as to form an opaque vegetative screen. The owner shall
be responsible for maintaining this vegetation buffer.
K. Truck access to any excavation shall be so arranged as to minimize danger to traffic and nuisance to
surrounding properties. At a minimum, there shall be 500 feet of sight distance at the entrance to the
facility.
L. Access roads into and out of the site shall meet the Town of Ulysses specifications for road base.
M. All ingress and egress points into the site shall be secured from unauthorized access or trespass.
N. Prior to the commencement of operations the applicant shall: 1) deposit with the Town Clerk a
certified check in an amount set by the Planning Board to cover the full cost of reclaiming the site; or
2) file with the Town Clerk a performance bond to cover the full cost of the required reclamation. Any
such bond shall comply with the requirements of § 274-a of the Town Law and, further, shall be
satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and
su rety.
§ 212-130. Standards for flag lots.
A. Flag lots as defined in Article IV, § 212-22, shall meet the minimum lot area excluding the pole, lot
width, and lot depth requirements of the zoning district within which it is located. The pole of the flag
lot shall have a minimum width of 50 feet at every point.
B. In areas where agriculture is the predominant land use, in particular the Al, R1, and R2 Districts, flag lots
should be located on the least productive agricultural lands, and be configured so as to minimize
interference with the agricultural use of the lands.
C. Whenever practicable, adjoining flag lots should be platted in a manner that encourages shared
driveway access points along public roads and highways.
D. Flag lots shall be subject to site plan review.
§ 212-131. Standards for public garages, gasoline sales stations
and body shops.
A. No part of any public garage shall be used for residence or sleeping.
B. No part of any building used as a public garage or gasoline sales station and no filling pump, lift or
other service appliance shall be erected within 200 feet of any Ri—Rural Residential, R2—Moderate-
Density Residential, RM—Multiple-Residence, MHP—Manufactured Home District, or Ai —Agricultural
District.
C. No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance installed in
connection with any gasoline sales station or public garage shall be within 50 feet of any street right-
of-way.
D. No garage for painting or repairing automobile bodies involving hammering or other work causing
loud or unusual noise, fumes or odors shall be located within 300 feet of any Ri—Rural Residential, R2
—Moderate-Density Residential, RM—Multiple-Residence, or MHP—Manufactured Home District.
E. The general elevation of the vehicle -servicing area shall not be raised higher than two feet from the
surrounding properties.
§ 212-132. Standards for manufactured home parks.
A. No parking facilities or driveways, except driveways for the purpose of ingress to or egress from the
premises, shall be allowed within any of the front, side or rear yard setback areas.
B. All interior roads within the manufactured home park shall be paved with blacktop, concrete or other
solid material, shall be a minimum of 20 feet wide with a six-foot wide shoulder constructed of an all-
weather surface material on each side, and shall be properly drained.
C. All lots within the manufactured housing park shall be improved for use by independent manufactured
homes, including the provision of adequate and safe water supply, sewage disposal, solid waste
disposal and other utility systems.
D. Underground installation of the utility distribution and service lines is required except where it is
infeasible due to site -specific conditions, as determined by a qualified engineer.
E. All manufactured home park maintenance, storage areas or facilities, and sewage treatment facilities
shall be screened from all dwelling lots, internal streets, and public roads or highways by man-made
screens or natural plant materials.
F. A minimum of io% of the gross park area or i,000 square feet per dwelling unit, whichever is larger,
shall be provided for outdoor recreation. This recreation space shall be suitable for outdoor
recreational activity and shall be easily accessible to all units.
G. No manufactured home shall be located closer than 30 feet from another manufactured home, or
closer than 40 feet from the center line of any interior park road.
H. No manufactured home shall be located less than 50 feet from any front, side or rear yard line of the
lot or parcel.
No manufactured home shall be located less than 50 feet from any maintenance, storage areas or
facilities, and sewage treatment facilities if present.
J. There shall be a vegetated buffer, not less than 20 feet in width, within any yard area not fronting on a
public road or highway, planted and maintained in accordance with Article XX, § 212-124.
Where the property fronts on a public road or highway, within the required yard area at least 50% of
the length of the frontage on said public road or highway shall be planted and maintained with a
vegetative screen.
L. No manufactured homes or other structures or parking areas shall be located within 50 feet of a
stream edge or any wetland as defined by state or federal law. With the exception of stream crossings,
no roadways shall be located within 50 feet horizontal distance from a stream edge or any wetland as
defined by state or federal law.
M. The manufactured housing park owner shall be responsible for the maintenance of all park facilities,
including areas designated as open space, recreation areas, landscaping, streets, privately owned
sewage disposal and water supply systems, and solid -waste collection and storage facilities.
N. All manufactured home tow bars and hitches which are designed to be removable at the time of
installation shall be removed in accordance with the manufacturer's instructions when the dwelling is
sited.
O. Where an individual manufactured home lot abuts a front yard of the manufactured home park or a
side or rear yard that borders a public road or highway, said manufactured home shall be sited in a
manner so that the longer side of the manufactured home is parallel to or nearly parallel to the public
road or highway right-of-way line.
Each dwelling within the manufactured home park shall have the space underneath the dwelling
enclosed by skirting constructed of fire-resistant material.
§ 212-133. Standards for land development in RM — Multiple -
Residence District.
A. Any parcel on which multiple residence development is proposed shall have direct access to a public
road or highway.
B. All vehicular drives shall be designed and constructed with an all-weather surface material, a minimum
Of zo feet wide and properly drained. If the length of the drive is more than loo feet or serves more
than four residences, then the Planning Board may, in its discretion, set further requirements.
C. Any proposed streets or roads within the proposed project that will be deeded to the Town shall be
designed and built to Town of Ulysses highway specifications.
D. The developer shall provide adequate sewer and water facilities. The preferred method of sewage
disposal shall be by public or community facilities. However, if the applicant can obtain the appropriate
on -site disposal system permit(s), then this method of treatment will be permitted.
E. To ensure adequate provision for light, air, access and privacy in the arrangement of the buildings to
each other, no building shall be closer than 30 feet to another building. Each dwelling unit shall have a
minimum of one exterior exposure.
A minimum of io% of the gross area of the development or 1,000 square feet per dwelling unit,
whichever is greater, shall be provided for outdoor recreation space in addition to setback
requirements. The recreation space shall be suitable for outdoor recreational activity and shall be
easily accessible to all units.
G. No parking facilities or driveways, except driveways for the purpose of ingress to or egress from the
premises, shall be allowed within any of the front, side or rear yard setback areas.
H. No parking facilities or driveways shall be located within 12 feet horizontal distance of any dwelling unit.
I. No buildings or other structures, or parking areas, shall be located within ioo feet horizontal distance
from the stream edge of any watercourse carrying water six months or more throughout the year, or
any wetland as defined by state or federal law. With the exception of stream crossings, no roadways
shall be located within 50 feet horizontal distance from the stream edge of any watercourse carrying
water six months or more throughout the year, or any wetland as defined by state or federal law.
§ 212-134. Standards for residential swimming pools.
Swimming pools located on residential premises for private use only, and which include permanently
constructed pools used for bathing or swimming that are 24 inches or more in depth, or that have a water
surface area exceeding 250 square feet (about 18 feet in diameter), shall not be constructed or maintained
closer than five feet from side or rear property lines, or be located within the required front yard of any lot
or parcel. All swimming pools and associated fences, gates and other ancillary structures shall conform to
the provisions of the New York State Building Construction Code or its successors.
§ 212-135. Standards for roadside stands.
A. Nonagricultural roadside stands shall not occupy more than 240 square feet of area.
B. No roadside stand shall be located within the right-of-way of any public road or highway.
C. No roadside stand shall be placed in a manner that limits the sight distance available to the motoring
public or that in any other way obstructs their vision while driving or obstructs sight distance from
neighboring driveways.
D. An all-weather surface must be provided to allow patrons adequate space to park their vehicles in such
a manner that they are outside the outer edge of the road or highway shoulder.
E. All waste generated in the operation of the roadside stand shall be removed daily.
§ 212-136. Standards for sawmills.
A. Except in the IL —Light Industry District, the hours of operation of any large-scale or small-scale
sawmill shall be limited to between 8:oo a.m. and 7:00 p.m.
B. Except in the IL —Light Industry District, no sawing of logs shall take place on Sunday.
C. All access roadways and vehicle and equipment parking areas shall be paved, surfaced or covered with
gravel so as to be well -drained and provide an all-weather surface.
D. No storage of logs, lumber, sawdust, bark, scrap wood or equipment of any kind shall be permitted
within any yard setback area.
E. No buildings, structures, log- or lumber -sorting or -storage yards, parking areas or equipment storage
areas shall be located within ioo feet from a stream edge or any wetland as defined by state or federal
law.
F. A visual screen at least 40 feet in width and composed of evergreen trees shall be planted along any
site boundary line that abuts one or more residential lots. All evergreen trees shall be at least six feet in
height at time of planting and be spaced so as to form an opaque vegetative screen. The owner shall
be responsible for maintaining this vegetation buffer.
§ 212-137. Standards for self-service storage facility.
A. In addition to all other requirements of the Bi—Business District, all self-service storage facilities shall:
(i) Be designed to ensure a minimum of 20 feet between all structures on the site and between any
structure and the perimeter fence;
(2) Be limited to single -story storage structures not exceeding 15 feet in height;
(3) Be lighted in a manner that ensures a safe and secure environment (reference Article XX, § 212-
123); and
(4) Be well -maintained and kept free of litter and abandoned or discarded property and vehicles.
B. Where a security fence is constructed around the perimeter of any self-service storage facility, said
fence shall not be located within any front, rear and side yard setback area. All security fences shall be
maintained in good condition. No concertina, razor, barbed wire or other such deterrents to
unauthorized entry to the site shall be installed on any fences.
§ 212-138. Standards for commercial stables.
A. There shall be at least one acre of land for every five horses or ponies kept on the premises when
stabled.
B. No building, except residences, shall be within 50 feet of a side or rear property line, and no building or
parking areas shall be located within the front yard of the property.
C. All buildings and enclosures shall be cleaned frequently of waste materials and all manure shall be
disposed of in a manner that eliminates pollution problems, such as odors, dust, leaching and runoff
into watercourses.
§ 212-139. Standards for agricultural commerce.
A. No buildings, except residences associated with the farm operation, shall be within 50 feet of a side or
rear property line, and no building shall be located within the front yard of the property.
B. All outdoor lighting fixtures installed and utilized shall be subject to the provisions of Article XX, § 212-
123.
C. Parking facilities shall comply with the provisions of Article XX, § 212-121.
D. No parking facilities or driveways, except driveways for the purpose of ingress to or egress from the
premises, shall be allowed within any side or rear yard setback areas.
E. No parking facilities or driveways, except driveways for the purpose of ingress to or egress from the
premises, shall be allowed within 25 feet of any road or highway right-of-way.
F. No part of any building used as an agricultural commerce enterprise where repairs to equipment and
machinery are performed for hire, or where the fabrication of parts, equipment, or other products for
sale occurs, or involves in any other way hammering or other work causing loud or unusual noise,
fumes or odors, shall be located within 200 feet of any Ri—Rural Residential, R2—Moderate-Density
Residential, RM—Multiple-Residence, or MHP—Manufactured Home District.
G. No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance installed in
connection with any agricultural equipment repair shall be within 75 feet of any road or highway right-
of-way.
H. No building or other structures, or parking areas, shall be located within ioo feet horizontal distance
from the stream edge of any watercourse carrying water six months or more throughout the year, or
any wetland as defined by state or federal law. With the exception of stream crossings, no roadways
shall be located within 50 feet horizontal distance from the stream edge of any watercourse carrying
water six months or more throughout the year, or any wetland as defined by state or federal law.
Article XXI. Land Subdivision Regulations
§ 212-140. Review procedures and design standards.
A. Declaration of policy.
(1) By the authority of Town Law § 276 of the State of New York, the Planning Board of the Town of
Ulysses is authorized and empowered to:
(a) Approve plats showing lots, blocks, or sites, with or without roads or highways.
(b) Approve the development of entirely or partially undeveloped plats already filed in the office
of the Clerk of the County.
(c) Conditionally approve preliminary plats.
(2) It is declared to be the policy of the Town Board to direct the Planning Board to consider land
subdivision plats as part of a plan for the orderly, efficient and economical development of the
Town. This means, among other things, that land to be subdivided shall be of such character that
it can be used safely for building purposes without danger to health, or peril from fire, flood or
other menace; that proper provision shall be made for drainage, water supply, sewerage and
other needed improvements; that all proposed lots shall be laid out and sized in accordance with
applicable zoning; that the proposed roads shall compose a convenient system conforming to the
Ulysses Zoning Official Map; that proposed roads shall be properly related to the proposals shown
on the Ulysses Comprehensive Plan and shall be of such width, grade, and location as to
accommodate the prospective traffic, to facilitate fire protection, and to provide access of
firefighting equipment to buildings; and that proper provision shall be made for open spaces,
parks, and playgrounds.
(3) Failure to notify the Zoning Officer of any conveyance by subdivision shall be a violation of this
chapter and will be enforced by both civil action and financial penalties inclusive of injunctive
relief to the effect of terminating prior conveyances.
Applicability and legal effects.
(1) Applicability of these regulations.
(a) Any division of a lot into two or more lots, whether new streets, public facilities, or municipal
utility extensions are involved or not.
(b) Any other land transaction which requires filing of a plat with the County Clerk.
Note: Consolidation of lots for tax purposes as initiated by landowners and approved by the
County Assessor shall be registered with the Zoning Officer.
(2) Legal effect: land -use regulations. Whenever any subdivision of land is proposed to be made and
before any site modifications are made and before any permit for the erection of a structure in
such proposed subdivision is granted, the subdivider or a duly authorized agent must apply for in
writing and receive approval of the proposed subdivision in accordance with these regulations.
(3) Legal effect: filing of plats with County Clerk. Before any plat or licensed survey map of land in the
Town of Ulysses is filed with the County Clerk, the plat or licensed survey map must be approved
by the Zoning Officer or the Planning Board, as applicable, in accordance with the procedures of
this chapter and Town Law § 276.
(4) Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made
in any subdivision plat or licensed survey map after approval has been given by the Zoning Officer
or Planning Board and endorsed in writing on the plat or licensed survey map, unless the plat or
licensed survey map is first resubmitted to the Planning Board and the Board approves any
modifications. In the event that any such subdivision plat or licensed survey map is recorded
without complying with this requirement, it shall be considered null and void, and the Zoning
Officer may institute proceedings to have the plat or licensed survey map stricken from the
records of the County Clerk.
C. Types of subdivisions and procedures. These regulations recognize three types of subdivisions, which
are subject to three different review and approval procedures:
(�) Simple subdivision: requires the review of the Zoning Officer.']
[i] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
(2) Minor subdivision: Review includes two required submissions by subdivider and may include a
public hearing if considered desirable by the Planning Board.
(3) Major subdivision: Review includes three required submissions by subdivider and at least one
public hearing by the Planning Board.
D. Coordination with County Health Department. The provisions of the Tompkins County Sanitary Code
are in addition to the provisions of these land subdivision regulations.
E. Planning Board use of consultants and services of county and regional planning staff. The Planning
Board may choose at any point in a subdivision review process to request consultants or refer to the
county or regional planning staffs for review, comment, and advice on any aspect of the approval
process, subdivision design, engineering specifications, or other pertinent matters. The cost shall be
borne by the applicant.
Plat review of uncompleted subdivisions. The Planning Board may, on direction of the Town Board,
review, for purposes of revision, any plat already on file with the County Clerk if 20% or more of the
plat is uncompleted after io years for reasons other than terrain, drainage, soil conditions, or the like.
Legislative authority for such review is found in Town Law § 276.
§ 212-141. Definitions.
A. Subdivision definitions. As used in this article, the following terms shall have the meanings indicated:
CLUSTER SUBDIVISION
A form of development that permits a reduction in lot area and bulk requirements, provided
there is no increase in the number of lots permitted under a conventional subdivision or increase
in the overall density of development, and the remaining land area is devoted to open space,
active recreation, preservation of environmentally sensitive areas or agriculture.
DATE OF SUBMISSION
The date of submission of required materials shall be considered to be the date on which the
materials for approval, complete as determined by the Planning Board Chair or the Planning
Board Chair's designee, and accompanied by the required fee, are accepted by the Planning Board
Chair, or the designee.
FINAL PLAT or FINAL SUBDIVISION PLAT
A licensed survey map in final form showing a proposed subdivision, containing all information
and details required by state and local law, for submission to the Planning Board for purposes of
review, public hearing and approval.
LOT
A continuous, unbroken area of land in single ownership of record described by the boundary
lines on the Assessor's Tax Maps.
MAJOR SUBDIVISION
A subdivision of land resulting in four or more lots or the creation of a fourth lot from the same
original lot.
(1) Any division of land defined as a realty subdivision under § 115 of New York Code, Title II, and
subject to Tompkins County Department of Health review under § 116 of such code.']
(2) Any subdivision that involves a new public right-of-way, municipal utility extension or other
new public facility.
(3) Any cluster subdivision or other subdivision which deviates from the zoning regulations,
Official Map or other Town development policy will generally be considered a major
subdivision.
MINOR SUBDIVISION
Subdivision of land resulting in three lots and which:
(i) Does not include new streets, municipal utility extensions, clustering or public open space or
facilities;
(2) Does not conflict with the zoning regulations, Official Map or any other Town development
policy; and
(3) Does not adversely affect use or development of adjoining land.
PRELIMINARY PLAT
A drawing, clearly marked "preliminary plat," showing the salient features of a proposed
subdivision, including the information specified in this document, for purposes of consideration
by the Planning Board and public hearing.
SIMPLE SUBDIVISION
Division of a lot into two lots; realignment of boundary lines between lots so as to transfer land
from one lot to an adjacent lot; or separation of noncontiguous lots (e.g., lots bisected by public
or quasi -public rights -of -way) into separate lots of record without new boundary alignment. No
distinction is made between subdivision and resubdivision.[Z]
SKETCH PLAT
A sketch of a proposed subdivision showing the form, layout, roads, public facilities and other
information specified in this article.
[i] Editor's Note: See Public Health Law §§ 715 and 116.
[2] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
B. Access definitions. As used in this article, the following terms shall have the meanings indicated:
DEAD-END ROAD or CUL-DE-SAC
A road or a portion of a road with only one vehicular traffic outlet.
MAJOR ROAD
A road with the capacity to serve heavy flows of traffic and intended primarily as a route for
traffic between areas generating heavy volumes of traffic.
MINOR ROAD
A road intended to serve primarily as an access to abutting properties.
REVERSE FRONTAGE LOT
Through lot with frontage on two parallel roads with vehicular traffic restricted to only one of the
roads.
ROAD
A street, avenue, lane, highway or other public way; a public right-of-way improved or intended to
be improved or intended to be improved for traffic. A private drive is not considered to be a road.
ROAD PAVEMENT
The wearing or exposed surface of a roadway used by vehicular traffic.
ROAD WIDTH
The width of a right-of-way, measured at right angles to the center line of the road.
TOWN RIGHT-OF-WAY (UNIMPROVED)
A strip of land owned or controlled by the Town government for the purpose of providing access
to abutting lots or for providing a bed for a future improved roadway. All Town rights -of -way are
shown on the Town of Ulysses Official Map. Unless otherwise indicated, all Town rights -of -way are
6o feet wide.
Note: The Town's Engineer is designated by the Town Board.
§ 212-142. Subdivision procedures.
A. Classification of subdivision.
(i) The first stage of subdivision is classification. Classification requires that a subdivider submit a
sketch plat of the proposed subdivision to the Zoning Officer that provides sufficient detail for
the Zoning Officer to classify the action as to the type of review required. The Zoning Officer shall
confer with the Chair of the Planning Board for comments and general recommendations as to
any adjustment needed to satisfy the objectives of these regulations.
(2) The sketch plat initially submitted to the Zoning Officer shall be based on Tax Map information or
on some other similarly accurate base map at a scale (preferably not less than 1:2,400) that
enables the entire tract to be shown on one sheet.
(3) A submitted sketch plat shall show the following information:
(a) The location of that portion which is to be subdivided in relation to the entire tract, and the
distance to the nearest existing street intersection.
(b) All existing structures, wooded areas, streams, wetlands, flood hazard areas and other
significant physical features within the portion to be subdivided and within 200 feet thereof.
If topographic conditions are significant, contours shall also be indicated at intervals of not
more than io feet.
(c) The names of the owner and of all adjoining property owners as disclosed by the current tax
roll.
(d) The Tax Map, block and lot numbers of all lots shown on the plat.
(e) All the utilities available and all streets as they appear on the Official Map.
(f) The proposed pattern of lots (with dimensions), street layout, recreation areas, systems of
drainage, sewerage and water supply within the subdivided area.
(g) All existing restrictions on the use of land, including easements, covenants and zoning
district boundary lines.
(h) Minor and major subdivisions may require additional information as specified in this
document.
B. Simple subdivision review procedure. Upon determination by the Zoning Officer that a proposed
subdivision is to be treated as a simple subdivision, the Zoning Officer acts to approve; conditionally
approve with modifications; disapprove; or grant final approval. In any event, final approval cannot be
granted until an official survey map prepared by a surveyor licensed by New York State has been
presented to the Zoning Officer and such map indicates that all of the requirements of this chapter
have been satisfied. Final approval of the simple subdivision by the Zoning Officer shall be indicated by
this officer's signature and date on the final survey map.
C. Initiation of minor or major subdivision review.
(1) Request for Planning Board review. When the Zoning Officer determines that a subdivision
requires Planning Board review, the Zoning Officer shall notify the Chair of the Planning Board of
the pending action. To initiate a Planning Board review and approval process of any minor or
major subdivision or resubdivision, the owner/subdivider of the land involved must submit to the
Zoning Officer, at least io days prior to the regular meeting of the Planning Board, the following:
(a) A written request to approve the proposed subdivision, including any information the owner
considers pertinent; and
(b) Nine copies as required of a sketch plat of the proposed subdivision (reference Article XXI,
§ 212-142A hereof), for the purpose of preliminary discussion by the Planning Board.
(2) Subdivider to attend Planning Board meeting on sketch plat. The owner/subdivider, or an
authorized representative, shall attend the meeting of the Planning Board at which the sketch plat
is presented to discuss the requirements of these regulations for road improvements, drainage,
sewerage, water supply, fire protection, any applicable stormwater management and similar
aspects, as well as the availability of existing services and other pertinent information.
(3) Determination on sketch plat. The Planning Board shall determine whether the sketch plat meets
the requirements of § 212-142D(2) and may, if the sketch plat is insufficiently complete, reject the
application with reasons given in writing. It may also make specific recommendations in writing to
be incorporated by the applicant in any subsequent submission to the Planning Board.
D. Minor subdivision review procedure.
(1) Application and fee.
(a) Within six months after classification of a sketch plat as a minor subdivision by the Zoning
Officer, the subdivider shall submit an application for approval of a subdivision plat. Failure
to do so shall require resubmission of the sketch plat to the Zoning Officer for
reclassification. The subdivision plat shall conform to the layout shown on the sketch plat as
well as incorporate any recommendations made by the Planning Board. The application shall
also conform to the requirements listed in § 212-142D(2).
(b) At least nine copies of the subdivision plat shall be presented to the Zoning Officer at the
time of submission of the subdivision plat.
(c) All applications for plat approval for minor subdivisions shall be accompanied by a fee
established by Town Board resolution.
(2) Requirements for minor subdivision plat review. A subdivision plat application shall include the
following information:
(a) A copy of such covenants or deed restrictions that are intended to cover all or part of the
tract.
(b) An actual field survey of the boundary lines of the tract, giving complete descriptive data by
bearings and distances, made and certified by a licensed land surveyor. The corner of each
tract shall also be located on the ground and marked with an approved pin, pipe, or
monument and shall be referred to and shown on the plat.
(c) All on -site sanitation and water supply facilities (if any) shall be designed to meet the
specifications of the Tompkins County Health Department; approval shall be stated on the
plat and signed by an officer of the Health Department.
(d) The proposed subdivision name (if any), and the names of the town and county in which it is
located.
(e) The date, a true North arrow, the map scale, and the names, addresses and phone numbers
of all owners of record and the subdivider.
(f) The subdivision plat shall be a clear, legible reproduction that meets the standards for filing
with the County Clerk as prescribed by law.
(3) Subdivider to attend Planning Board meeting on minor subdivision plat. The subdivider, or a duly
authorized representative, shall attend the meeting of the Planning Board at which a subdivision
plat is first discussed.
(4) Public hearing on minor subdivision plat.
(a) If required by the Planning Board, a public hearing shall be held within 62 days of the date of
submission of required materials. The hearing shall be advertised in the official newspaper of
the Town at least five days before such hearing. If no public hearing is required, the Planning
Board shall have 62 days from the date of submission to make its decision.']
[i] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. �.
(b) When an applicant is notified of the public hearing date, the applicant shall be required to
obtain signage, provided by the Planning Board and obtained from the Zoning Officer. The
applicant shall post this signage at the site, in such a manner as to be readily visible to the
public from the nearest adjacent public road, at least io days prior to the public hearing.
(5) Action on minor subdivision plat.
(a) The Planning Board shall, within 62 days of the date of the public hearing, act to conditionally
approve; conditionally approve with modification; disapprove; or grant final approval to and
authorize the signing of the final subdivision plat. This time may be extended by mutual
consent of the subdivider and the Planning Board. Failure of the Planning Board to act within
such time, in the absence of a mutually agreed upon extension, shall constitute approval of
the plate]
[2] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
(b) Upon granting conditional approval with or without modification to the plat, the Planning
Board shall empower the Planning Board Chair to sign the plat upon compliance with such
conditions and requirements as may be stated in the Board's resolution of conditional
approval.
(c) Within five days of the resolution granting conditional approval, the plat shall be certified by
the Chair of the Planning Board as conditionally approved; a copy shall be filed in the Town
Clerk's office; and a certified copy shall be mailed to the subdivider. The copy mailed to the
subdivider shall include a certified statement of such requirements as, when completed, will
authorize the signing of the conditionally approved plat.
(d) Upon completion of the requirements in the resolution of approval, the plat shall be signed
by the Chair of the Planning Board. Conditional approval of the plat shall expire 18o days
after the date of the resolution granting such approval. The Planning Board may, however,
extend the time within which a conditionally approved plat may be submitted for signature, if
in its opinion such extension is warranted in the circumstances. Extensions shall be for
additional periods of go days each.[31
[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. �.
E. Major subdivision preliminary plat review procedure.
(i) Application and fee.
(a) Prior to the filing of an application for the approval of a major subdivision plat, the
subdivider shall file an application for the approval of a preliminary plat of the proposed
subdivision. Such preliminary plat shall be clearly marked with the words "preliminary plat"
and shall be in the form described in § 212-142E(2) hereof. The preliminary plat shall, in all
respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the
Town Law and § 212-142E(2) of these regulations, except where a waiver may be specifically
authorized by the Planning Board.
(b) At least nine copies of the preliminary plat shall be presented to the Zoning Officer along
with the fee established by the Town Board.
(c) The date of submission of the preliminary plat shall be considered to be the date on which
the Planning Board accepts as complete the preliminary plat and all data required by § 212-
142E(2). The Planning Board Chair shall note the date on the preliminary plat.
(2) Requirements for major subdivision preliminary plat review. A preliminary plat application shall
include the following information:
(a) The proposed subdivision name, the names of the town and county in which it is located, the
date, a true North arrow, the map scale, and the names, addresses and phone numbers of all
owners of record, the subdivider, and the engineer or surveyor, including license number and
seal.
(b) The names of the owners of record of all adjacent property.
(c) The zoning district, including exact boundary of districts, where applicable, and any
proposed changes in the zoning district lines or the zoning regulations text applicable to the
area to be subdivided.
(d) All parcels of land proposed to be dedicated to public use and the condition of such
dedication.
(e) The locations of existing property lines, easements, buildings, watercourses, marshes, rock
outcrops and wooded areas.
(f) The locations of existing sewers, water mains, culverts, and drains on the property, with pipe
sizes, grades and direction of flow.
(g) Contours with intervals of io feet or less as required by the Planning Board, including
elevations on existing roads, and an approximate grading plan if natural contours are to be
changed more than two feet.
(h) The width and location of any streets or public ways or places shown on the Official Map of
the Ulysses Comprehensive Plan within the area to be subdivided, and the width, location,
grades and street profiles of all streets or public ways proposed by the developer.
(i) The approximate location and size of all proposed water lines, valves, hydrants, sewer lines,
and fire alarm boxes. Connection to existing lines or alternate means of water supply or
sewage disposal and treatment as provided in standards published by the Tompkins County
Health Department. Show profiles of all proposed water and sewer lines.
(j) All requirements as specified in local laws of the Town of Ulysses governing stormwater
runoff; a stormwater management plan indicating the approximate location, construction
and size of swales; and proposed lines and their profiles. Ramification of connections to
existing or alternate means of disposal.
(k) Plans and cross -sections showing the proposed new location and types of sidewalks,
streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains,
and the size and type thereof; the character, width and depth of pavements and subbase; the
location of manholes, basins, and underground conduits. New features must comply with the
Ulysses Subdivision Design Standards, Article XXI, § 212-142P.
(1) Preliminary designs of any bridges or culverts which may be required.
(m) The proposed lot lines with the approximate dimensions and area of each lot.
(n) Where the topography is such as to make difficult the inclusion of any of the required
facilities within the public areas as laid out, the preliminary plat shall show the boundaries of
proposed permanent easements over or under private property, which permanent
easements shall not be less than 20 feet in width, and which shall provide satisfactory access
to an existing public highway or other public open space shown on the subdivision or the
Official Map.
(o) An actual field survey of the boundary lines of the tract, giving complete descriptive data by
bearings and distances, made and certified to by a licensed land surveyor. The corners of the
tract shall also be located on the ground and marked with an approved pin, pipe or
monument as approved by the Town Board, and shall be referred to and shown on the plat.
(p) If the application covers only a part of the subdivider's holding, a map of the entire tract shall
be submitted so that the part of the subdivider's holding covered in the application can be
considered in the light of the entire holding. This map shall be drawn at a scale of not less
than 1:4,80o and shall show an outline of the platted area with its proposed streets, and an
indication of any probable future street system with its grades and drainage in the remaining
portion of the tract, and any probable future drainage layout of the entire tract.
(q) A copy of any covenants or deed restrictions that are intended to cover all or part of the
tract.
(3) Subdivider to attend Planning Board meeting. The subdivider, or a duly authorized representative,
shall attend the meeting of the Planning Board to discuss the preliminary plat.
(4) Study of major subdivision preliminary plat. The Planning Board shall study the practicability of a
preliminary plat, taking into consideration the requirements of the community and the best use of
the land being subdivided. Particular attention shall be given to the arrangement, location and
width of streets, their relation to the topography of the land, water supply, sewage disposal,
drainage, lot sizes and arrangement, the future development of adjoining lands as yet
unsubdivided, and the requirements of the Ulysses Comprehensive Plan, the Official Map, and
zoning regulations.
(5) Public hearing on major subdivision preliminary plat.[41
(a) Within 62 days of the date of submission of a preliminary plat by the Planning Board Chair,
the Planning Board shall hold a public hearing. When an applicant is notified of the public
hearing date, the applicant shall be required to obtain signage provided by the Planning
Board by way of the Zoning Officer and to post it at the site, in such a manner as to be
readily visible to the public from the nearest adjacent public road, at least io days prior to
the public hearing. The public hearing shall be advertised at least once in the official
newspaper of the Town at least five days before such hearing. The Planning Board may
provide that the hearing be further advertised in such manner as it deems most appropriate
for full public consideration of such preliminary plat.
(b) Within 62 days of the date of the public hearing, the Planning Board shall approve with or
without modification or disapprove the preliminary plat, and the grounds for a modification,
if any, or the grounds for disapproval, shall be stated upon the records of the Planning
Board. The time in which the Planning Board must take action on such plat may be extended
by written mutual consent of the subdivider and the Planning Board.
[4] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
(6) Planning Board approval of preliminary plat.
(a) Conditional approval of preliminary plat. When granting approval to a preliminary plat, the
Planning Board shall state the terms of such approval, if any, with respect to:
[1] Modifications to the preliminary plat.
[2] The character and extent of the required improvements for which waivers may have
been requested and which in its opinion may be waived without jeopardy to the public
health, safety and welfare.
[3] The required improvement or the amount of all bonds therefor which it will require as
prerequisite to the approval of the final subdivision plat.
(b) Effect of approval of preliminary plat. Approval of a preliminary plat shall not constitute
approval of the final subdivision plat, but rather it shall be deemed an expression of approval
of the design submitted on the preliminary plat as a guide to the preparation of the final
subdivision plat, which will be submitted for approval of the Planning Board and for
recording upon fulfillment of the requirements of these regulations. When approving a
preliminary plat, the Planning Board shall state, in writing, the modifications, if any, it deems
necessary for submission of the plat in final form. Within five days of the approval of such
preliminary plat, it shall be certified by the Planning Board Chair as having been granted
preliminary approval, and a copy shall be filed with the Town Clerk, a certified copy shall be
mailed to the owner, and a copy shall be forwarded to the Town Board. Prior to approval of
the final subdivision plat, the Planning Board may require additional changes as a result of
further study of the subdivision in final form or as a result of new information obtained at
the public hearing.
(c) Failure of the Planning Board to act within the sixty -two-day period shall constitute approval
of the preliminary plat.[51
[5] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
Major subdivision final plat application.
(1) Application.
(a) A subdivider shall, within six months after the approval of a preliminary plat, file with the
Planning Board an application for approval of a final subdivision plat in final form, using the
approved application blank available from the Zoning Officer. If the final subdivision plat is
not submitted for approval within six months after the approval of the preliminary plat, the
Planning Board may refuse to approve the final subdivision plat and require resubmission of
the preliminary plat.
(b) A subdivider intending to submit a final plat for the approval of the Planning Board Chair
shall provide the Zoning Officer with a copy of the application and copies as required of the
plat, including one in ink on drafting film or an acceptable, equal medium that permits
reproductions of the original; the original and one copy of all offers of cession, covenants
and agreements; and two prints of all construction drawings.
(2) Major subdivision final plat and accompanying data.
(a) Final plat filing. Any final plat must be stamped by the Planning Board Chair, the Tompkins
County Health Department, and the Tompkins County Assessment Department and then
must be filed with the County Clerk within 62 days of the Planning Board approval. The
County Clerk's filing standards may vary from the review standards of the Town. [6]
[6] Editor's Note: Amended at time of adoption of Code (see Ch. i General Provisions, Art. n.
(b) The Town's final plat shall show:
[1] Proposed subdivision name or identifying title and the names of the town and county in
which the subdivision is located; the names and addresses of the owners of record and
of the subdivider; and the name, license number and seal of the New York State
licensed land surveyor.
[2] Road lines, pedestrianways, lots, reservations, easements and areas to be dedicated to
public use.
[3] Data acceptable to the Zoning Officer as sufficient to determine readily the location,
bearing and length of every street line, lot line and boundary line and as sufficient to
reproduce such lines upon the ground. Where applicable, these should be referred to
monuments included in the state plane coordinate system, and in any event should be
tied to reference points previously established by a public authority.
[4] The length and bearing of all straight lines, radii, length of curves, central angles of
curves, and tangent bearings shall be given for each street. All dimensions and angles of
the lines of each lot shall also be given. All dimensions shall be shown in feet and
decimals of a foot. The plat shall show the boundaries of the property, location, graphic
scale and true North arrow.
[5] The plat shall also show by proper designation thereon all public open spaces for which
deeds are included and those spaces whose title is reserved by the developer. For any
of the latter there shall be submitted with the final subdivision plat copies of
agreements or other documents showing the manner in which such areas are to be
maintained and the provisions made therefore.
[6] All offers of cession and covenants governing the maintenance of unceded open space
shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.
[7] Lots and blocks within a subdivision shall be numbered or lettered in alphabetical order
in accordance with the prevailing Town practice.
[8] Permanent reference monuments shall be shown and shall be constructed in
accordance with specifications of a licensed engineer or surveyor. When referred to the
state plane coordinate system they shall also conform to the requirements of the State
Department of Transportation. They shall be placed as required by the Town and their
location noted and referred to upon the final plat.
[9] All lot corner markers shall be permanently located in a way satisfactory to a licensed
engineer or surveyor.
[1o] Pins, pipes or monuments of a type approved by the Town Board shall be set at all
corners and angle points of the boundaries of the original tract to be subdivided, and at
all street intersections, angle points in street lines, points of curve, and such
intermediate points as shall be required by a licensed engineer or surveyor.
[11] Construction drawings, including plans, profiles and typical cross -sections as required,
showing the proposed location, size and type of streets, sidewalks, streetlighting
standards, street trees, curbs, water mains, sanitary sewers and storm drains,
pavements and subbase, manholes, catch basins and other facilities.
G. Endorsement of state and county agencies. Water and sewer facility proposals contained in the final
subdivision plat shall be properly endorsed and approved by the Tompkins County Department of
Health. Applications for approval on plans for sewer or water facilities shall be filed by the subdivider
with all necessary Town, county, and state agencies. Endorsement and approval by the Tompkins
County Department of Health shall be secured by the subdivider prior to official submission of the final
subdivision plat for approval by the Planning Board.
H. Public hearing and review of the final plat. Within 62 days of the date of submission of a major
subdivision final plat in final form for approval, a public hearing shall be held by the Planning Board.
This hearing shall be advertised. Advertising shall be at least once in the official newspaper of the Town
and at least five days before the hearing. If, however, the Planning Board deems the final plat to be in
substantial agreement with a preliminary plat approved under Article XXI, § 212-142E(6) hereof, and
modified in accordance with requirements of such approval if such preliminary plat had been approved
with modification, the Planning Board may waive the requirement for such a public hearing.[71
[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
Planning Board action on proposed final subdivision plat.
(1) Prescribed time for action. The Planning Board action shall be by resolution to conditionally
approve with or without modification; disapprove; or grant final approval to and authorize the
signing of the plat by the Chair of the Planning Board. The action is to be taken within 62 days of
the public hearing, if one was held, and if no public hearing was held, within 62 days of the date of
submission. This time may be extended by written mutual consent of the subdivider and the
Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be
deemed approval of the plat.M
[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
(2) Conditional approval. Upon resolution of conditional approval of a final plat, the Planning Board
shall empower the Chair of the Planning Board to sign the plat upon completion of such
requirements as may be stated in the resolution. Within five days of such resolution, the plat shall
be certified by the Chair of the Planning Board as conditionally approved, and a copy filed in the
Town Clerk's office, and a certified copy mailed to the subdivider. The copy mailed to the
subdivider shall include a certified statement of such requirements as, when completed, will
authorize the signing of the conditionally approved final plat.
(3) Certification by Chair of Planning Board. Upon completion of such requirements, the plat shall be
signed by the Chair or designee of the Planning Board.
(4) Expiration of approval. Conditional approval of a final plat shall expire 18o days after the date of
the resolution granting such approval unless the requirements have been certified as completed
within that time. The Planning Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature, if in its opinion such extension is warranted by the
circumstances; extensions shall be for additional periods of go days each.E93
[9] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. n.
J. Required improvements.
(i) Final approval of major subdivision final plat. Before the Planning Board grants final approval of a
major subdivision final plat, the subdivider shall follow the procedure set forth in either § 212-
142J(2) or (3) below.
(2) Full -cost check or bond. In an amount set by the Planning Board, the subdivider shall either file
with the Town Clerk a certified check to cover the full cost of the required improvements, or the
subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required
improvements. Any such bond shall comply with the requirements of § 277 of Town Law, and
further shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety. A period of one year, or such other period as the Planning Board may
determine appropriate, not to exceed three years, shall be set forth in the bond as the time within
which required improvements must be completed.
(3) Check or bond for completion. The subdivider shall complete all required improvements to the
satisfaction of the Zoning Officer, who shall file with the Planning Board a letter signifying the
satisfactory completion of all improvements required by the Planning Board. For any required
improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified
check covering the costs of such improvements. Any such bond shall be satisfactory to the Town
Board and Town Attorney as to form, sufficiency, manner of execution and surety.
(4) Underground utilities map. The required improvements shall not be considered to be completed
until the installation of the improvements has been approved by a licensed engineer or surveyor
and a map satisfactory to the Zoning Officer has been submitted indicating the location of
monuments marking all underground utilities as actually installed. If the subdivider completes all
required improvements according to § 212-142J(3) hereof, then the map shall be submitted prior
to endorsement of the plat by the Planning Board Chair. However, if the subdivider elects to
provide a bond or certified check for all required improvements as specified in § 212-142J(2)
hereof, such bond shall not be released until such a map is submitted.
Modification of design of improvements. If, at any time during the construction of required
improvements, it is demonstrated to the satisfaction of the Zoning Officer that unforeseen conditions
make it necessary to modify the location or design of the required improvements, the Zoning Officer
may, upon approval by the Chair of the Planning Board or designee, authorize modifications, provided
that these modifications are within the spirit and intent of the Planning Board's approval and do not
extend to the waiver or substantial alteration of the function of any improvements required by the
Board. The Zoning Officer shall issue any authorization under this subsection in writing and shall
transmit a copy of such authorization to the Planning Board at its next regular meeting.
L. Inspection of improvements.
(1) Inspection fee. At least five days prior to commencing construction of required improvements, a
subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall
notify the Town Board, in writing, of the time when the subdivider proposes to commence
construction of the improvements, so that the Town Board may cause inspection to be made to
assure that all Town specifications and requirements shall be met during the construction of
required improvements, and to assure the satisfactory completion of improvements and utilities
required by the Planning Board.
(2) Proper installation of improvements. If the Town's Engineer finds, upon inspection of the
improvements performed before the expiration date of a performance bond, that any of the
required improvements have not been constructed in accordance with plans and specifications
filed by the subdivider, the Engineer shall so report to the Town Board, Zoning Officer and
Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding
company, and take all necessary steps to preserve the Town's rights under the bond. No
additional subdivision plat shall be approved by the Planning Board as long as the subdivider is in
default on a previously approved subdivision plat.
M. Final approval of subdivision plat.
(1) Signature of Planning Board Chair. Upon completion of the requirements in § 212-1421 through L
hereof and notation to that effect upon the subdivision plat, it shall be deemed to have final
approval and shall be properly signed by the Chair or designee of the Planning Board and may be
filed by the applicant in the office of the County Clerk.
(2) Prompt filing. Any subdivision plat not so filed or recorded within 62 days of the date upon which
the plat is approved or considered approved by reason of the failure of the Planning Board to act
shall become null and void.["]
[1o] Editor's Note: Amended at time of adoption of Code (see Ch. i, General Provisions, Art. n.
(3) Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made
in any subdivision plat after approval has been given by the Planning Board and endorsed, in
writing, on the plat, unless the plat is first resubmitted to the Planning Board and the Board
approves any modifications. In the event that any such subdivision plat is recorded without
complying with this requirement, it shall be considered null and void, and the Board shall institute
proceedings to have the plat stricken from the records of the County Clerk.
N. Public streets and recreation areas.
(1) Public acceptance of roads. The approval by the Planning Board of a subdivision plat shall not be
deemed to constitute or be evidence of any acceptance by the Town of any road, easement or
other open space shown on the subdivision plat.
(2) Ownership and maintenance of recreation areas. When a park, playground, or other recreation
area has been shown on a subdivision plat, approval of the plat shall not constitute an acceptance
by the Town of the recreation area. The Planning Board shall require the plat or licensed survey
map to be endorsed with approved and appropriate restrictions and disclaimers to this effect.
The Planning Board may also require the filing of a written agreement between the applicant and
the Town Board covering future deed and title, dedication, and provision for the cost of grading,
development, equipment and maintenance of any such recreation area.
O. Cluster subdivisions.
(i) Authority. The Planning Board is empowered to modify applicable provisions of the Town Zoning
Law in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and
encouraging flexibility of design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economic use of streets and utilities,
and to preserve the natural and scenic qualities of open lands. The following shall be the
procedure and standards.
(2) Request by subdivider. A subdivider may request the use of Town Law § 278 with respect to
presentation of a sketch plat as described in Article XXI, § 212-142A hereof.
(3) Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of
Town Law § 278, a cluster sketch plat which is consistent with all the criteria established by these
land subdivision regulations, including roads being consistent with the road specifications and lots
being consistent with zoning regulations.
(4) Park, recreation, open space or other municipal purposes. If the application of this procedure
results in a plat showing land available for park, recreation, open space or other municipal
purposes directly related to the plat, then necessary conditions as to ownership, use and
maintenance of such lands for their intended purposes shall be set forth by the Planning Board.
(5) Plat submission. Upon determination that a sketch plat is suitable for the procedures under Town
Law § 278, and subsequent to the resolution authorizing the Planning Board to proceed, a
preliminary plat meeting all of the requirements of the resolution shall be presented to the
Planning Board, and thereafter the Planning Board shall proceed with the required public hearings
and other requirements of these regulations.
(6) Filing: notation on Zoning Map. Upon making final approval of a plat on which Town Law § 278
cluster subdivision provisions have been used, the Planning Board Chair shall notify the Town
Clerk, who shall make the appropriate changes to the map under Town Law § 264.
P. General requirements and design standards. In considering applications for subdivision of land, the
Planning Board shall be guided by the following principles and the standards set forth in § 212-142Q
through V hereof. The standards shall be considered minimum requirements and shall be waived by
the Planning Board only under circumstances set forth in Article XXI, § 212-142W hereof.
(1) Character of land. Land to be subdivided shall be of such character that it can be used safely for
building purposes without danger to health or peril from fire, flood or other menace.
(2) Conformity to Official Map and Ulysses Comprehensive Plan. Subdivisions shall conform to the
Official Map of the Town and shall be in harmony with the Ulysses Comprehensive Plan.
(3) Specifications for required road improvements. All required improvements shall be constructed
or installed to conform to the Town specifications, which are found below. Further specifications
and consultation may be obtained from the Zoning Officer.
Q. Road considerations.
(1) Statement of acceptance. All roads that are to be dedicated as public roads must comply with the
standards set forth in this document. All access roads that are not to be dedicated as public roads
must comply with § 28o-a of Town Law. Roads will be accepted only if they are free and clear of
all liens, encumbrances, easements and rights -of -way. A written statement of acceptance must be
filed by the Highway Superintendent and the Town Attorney before any road shall be accepted by
the Town Board.
(2) Width, location, and construction. Roads shall be sufficiently wide, suitably located, and
adequately constructed to conform to the Ulysses Comprehensive Plan and to accommodate the
prospective traffic and afford access for firefighting, snow removal and other road -maintenance
equipment. The arrangement of roads shall be such as to cause no undue hardship to adjoining
properties and shall be coordinated so as to compose a convenient system. Refer to Article XXI,
§ 212-142R hereof for roads that are to be turned over to and maintained by the Town.
(3) Arrangement of roads.
(a) The arrangement of roads in a subdivision shall provide for the continuation of principal
streets of adjoining subdivisions, and for proper projection of principal streets into adjoining
properties which are not yet subdivided, in order to make possible necessary fire protection,
movement of traffic, and the construction or extension, presently or when later required, of
needed utilities and public services such as sewers, water lines and drainage facilities.
Subdivisions containing 20 lots or more shall have at least two street connections with
existing public streets, or streets shown on the Official Map, if such exist, or streets on an
approved subdivision plat for which a bond has been filed.
(b) Where, in the determination of the Planning Board, topographic or other conditions make
such continuance undesirable or impracticable, the above conditions may be modified.
(4) Minor roads. Minor roads shall be so laid out that their use by through traffic will be discouraged.
(5) Special treatment along major arterial roads. When a subdivision abuts or contains an existing or
proposed major arterial road, the Planning Board may require marginal access roads, reverse
frontage with screen planting contained in a nonaccess reservation along the rear property line,
deep lots with rear service alleys, or such other treatment as may be necessary to afford
adequate protection of residential properties and to afford separation of through and local
traffic.
(6) Loop roads and circle drives. The creation of loop residential roads will be encouraged wherever
the Planning Board finds that such roads are needed or desirable. Circle drives create problems
for snow plowing and are discouraged. The Planning Board may require the reservation of a
twenty -foot -wide easement to provide for continuation of pedestrian traffic and utilities to the
next street.
(7) Dimensions of blocks. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in
length. In general, no block width shall be less than twice the normal lot depth. In blocks
exceeding Boo feet in length, the Planning Board may require the reservation of a twenty -foot -
wide easement through the block to provide for the crossing of underground utilities and
pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four -
foot -wide paved foot path be included.
(8) Openings for minor roads. Minor or secondary road openings into such roads shall, in general, be
at least 500 feet apart.
(9) Road jogs. Road jogs with center -line offsets of less than 125 feet shall not normally be permitted.
(10) Angles of intersection. The angle of intersection for all roads shall be such that for a distance of at
least too feet a road is within 10° of a right angle to the road it joins.
(11) Roads' relation to topography. The road plan of a proposed subdivision shall bear a logical
relationship to the topography of the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the streets. Grades of roads shall
conform as closely as possible to the original topography.
(12) Borders with railroad or limited -access highway rights -of -way. Where a subdivision borders on or
contains a railroad right-of-way or a limited -access highway right-of-way, the Planning Board may
require a road approximately parallel to and on each side of such right-of-way, at a distance
suitable for the appropriate use of the intervening land (as for park purposes in residential
districts or for commercial or industrial purposes in appropriate districts). Such distances shall
also be determined with due regard for the requirements of approach grades and future grade
separations.
R. Road design.
(1) Guidelines.
(a) Rights -of -way:
[1] Major roads: sixty -six-foot right-of-way, forty -foot minimum pavement width (four
travel lanes).
[2] Local roads: sixty -foot right-of-way, twenty -foot minimum pavement width (two travel
lanes).
[3] Additional rights -of -way may be required where deep cuts or fills are needed.
(b) Width of road: twenty -foot minimum pavement width, lanes ten -foot minimum width.
(c) Shoulder width: six-foot minimum width.
(d) Sight distance: Sight distance shall be at least 300 feet for intersections, horizontal curves
and vertical curves.
(e) In all cases where lots of less than two -hundred -foot frontage are shown on the highway,
alignment shall accommodate a potential future five -foot -wide sidewalk on the side along
the highway right-of-way.
(2) Construction specifications (Refer to Figure 21" ]).
(a) Before any gravel is placed, the subgrade shall be crowned to a five -percent grade and shall
be well compacted.
(b) Adequate ditches shall be provided by the builder. The minimum ditch grade shall be 0.5%.
The Town will maintain ditches after acceptance of road.
(c) Culverts shall be placed in natural waterways, at low spots in grade, and in other spots where
required. Builder will furnish culverts and install head walls if requested by the Highway
Superintendent. All culvert sizes and lengths shall be determined and culvert designs
approved by the Highway Superintendent before installation.
(d) Under drains shall be placed in low, wet areas where side hill seepage is encountered or in
other areas where required.
(e) Approved gravel base shall be placed six inches to 18 inches deep from ditch to ditch and
well compacted. All depth measurements refer to compacted depths. The top lift shall be
crushed gravel or crusher -run stone, 20 feet wide and six inches deep centered on base and
compacted. The total compacted depth of gravel shall be 12 inches to 24 inches. Gravel base
will be compacted at six- to eight -inch lifts, top grade compacted at the six-inch lift.
(f) All roads must be paved with either a liquid bituminous material or a plant -mixed bituminous
concrete material. Base course three inches minimum, top course two inches minimum.
(g) Crown on road: two -percent grade.
(h) If considered necessary for road maintenance purposes, the Highway Superintendent may
require greater road curve radii than the standards in the following sections.
[11] Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(3) Further road improvements, including fire hydrants and lighting. Roads shall be graded and
improved with pavement. In addition, roads may require curbs and gutters, sidewalks, storm
drainage facilities, water mains, sewers, streetlights and signs, street trees and fire hydrants,
except where waivers may be requested, and the Planning Board may waive, subject to
appropriate conditions, such improvements as it considers may be omitted without jeopardy to
the public health, safety and general welfare. Pedestrian easements shall be improved as required
by the Town's Engineer. Such grading and improvements shall be approved as to design and
specifications by the Town's Engineer.
(a) Fire hydrants shall conform to all requirements of standard thread and nut as specified by
the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State
of New York and the Town of Ulysses specifications or laws for public water service.
(b) Lighting facilities shall be in conformance with the lighting system of the Town. Such lighting
standards and fixtures shall be installed after approval by the appropriate power company
and the authorized Town Electrical Inspector.
(4) Underground utilities. The Planning Board shall require that underground utilities be placed in the
road right-of-way between the paved roadway and road line to simplify location and repair of lines
when they require attention. The subdivider shall install underground service connections to the
property line of each lot within the subdivision for such required utilities before the road is paved.
Where topography is such as to make impractical the inclusion of utilities within the road rights -
of -way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided
with satisfactory access to the road. Wherever possible, easements shall be continuous from
block to block and shall present as few irregularities as possible. Such easements shall be cleared
and graded where required.
(5) Grades. Grades of all roads shall conform in general to the terrain, and shall not be less than 0.5%
nor more than 6% for major or collector roads, or io% for minor roads in residential zones, but in
no case more than 3% within 50 feet of any intersection. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval of the Town's Engineer so
that clear visibility shall be provided for a safe distance.
(6) Curves at intersections. All road right-of-way lines at intersections shall be rounded by curves of
at least a twenty -foot radius, and curbs shall be adjusted accordingly. (Refer to Figure 3.[12])
[12] Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(7) Visibility. Visibility at intersections shall be maintained. A combination of steep grades and curves
shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot
(whether at an intersection entirely within the subdivision or of a new road with an existing road)
which is shown shaded on the figure below shall be cleared of all growth (except isolated trees)
and obstructions above a level three feet higher than the center line of the road. If such is
directed, ground shall be excavated to achieve visibility. (Refer to Figure 4[131.)
[13] Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(8) Circle drive requirements. Circle drive roads shall terminate in a circular turnaround having a
minimum outside right-of-way diameter of 220 feet and a minimum right-of-way width of 6o feet.
Circle drive roads are to be discouraged and a loop road used instead. At the end of a temporary
dead-end road, the developer should put in a temporary hammerhead turnaround. (Refer to
Figure 5.[141)
[14] Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(9) Loop roads. The two intersections of a loop road with the main road must be a minimum of two
lot depths apart. (Refer to Figure 6.1'51)
[15] Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(io) Watercourses. Where a watercourse separates a proposed road from abutting property,
provision shall be made for access to all lots by means of culverts or other structures of design
approved by the Highway Superintendent or the Town's Engineer. Where a subdivision is
traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Highway Superintendent or the Town's
Engineer, which in no case shall be less than 20 feet in width.
(ii) Curves at deflecting roads. In general, road lines within a block deflecting from each other at any
one point by more than 1o° shall be connected with a curve, the radius of which from the center
line of the street shall not be less than 400 feet on major roads, 200 feet on local roads, and ioo
feet on minor roads. (Refer to Figure 7.[16])
[16] Editor's Note: Said Figure is on file and available for inspection in the Town offices.
(12) Service roads. Paved rear service roads of not less than 20 feet in width, or in lieu thereof,
adequate off -road loading space, surfaced with a suitable, dust -free material, shall be provided in
connection with lots designed for commercial use.
(13) Commercial zones. In front of areas zoned and designed for commercial use, or where a change
of zoning to a zone which permits commercial use is contemplated, the road width shall be
increased by such an amount on each side as may be deemed necessary by the Planning Board to
assure the free flow of through traffic without interference by parked or parking vehicles, and to
provide adequate and safe parking space for such a commercial or business district.
S. Road names.
(i) All road names shown on a preliminary plat or subdivision plat shall be approved by the Planning
Board. In general, roads shall have names and not numbers or letters.
(2) Proposed road names shall be substantially different so as not to be confused in sound or spelling
with present names in this or nearby municipalities, except that roads that join or are in alignment
with roads of an abutting or neighboring property shall bear the same name. Generally, no road
should change direction sharply or at a corner without a change in name.
T. Lots.
(i) Lots shall be buildable. The lot arrangement shall be such that in constructing a building in
compliance with the zoning regulations, there will be no foreseeable difficulties for reasons of
topography or other natural conditions. Lots approved in a subdivision cannot be further divided.
(2) Side lines. All side lines of lots shall be at right angles to straight road lines and radial to curved
road lines, unless a variance from this rule will give a better road or lot plan.
(3) Corner lots. In general, corner lots should be larger than interior lots to provide for proper
building setback from each street and provide a desirable building site, and to avoid obstruction
of free visibility at the roadway intersection. See Article XXI, § 212-142R(7).
(4) Driveway access. Driveway access and grades shall conform to specifications of the Town Law.
Driveway grades between the street and the setback line shall not exceed io%.
(5) Access from private roads. Access from private roads shall be deemed acceptable only if such
roads are designed and improved in accordance with these regulations.
(6) Monuments and lot corner markers. Monuments and lot corner markers shall be permanent
monuments meeting specifications approved by the Town Board as to size, type and installation;
they shall be set at such block corners, angle points, points of curves in streets and other points
as the Town's Engineer may require; and their location shall be shown on the subdivision plat.
U. Drainage improvements.
(1) Stormwater runoff. All subdivisions are subject to all New York State and local laws governing
Stormwater runoff.
(2) Removal of spring and surface water. The subdivider maybe required by the Planning Board to
carry away by pipe or watercourse any spring or surface water that may exist either previous to,
or as a result of, a subdivision. Such drainage facilities shall be located in the road right-of-way
where feasible, or in perpetual unobstructed easements of appropriate width.
(3) Drainage structure to accommodate potential development upstream. Any culvert or other
drainage facility shall be large enough to accommodate potential runoff from the entire upstream
drainage area, whether inside or outside the subdivision. The Town's Engineer shall approve the
design and size of the facility on the basis of anticipated runoff from a ten-year storm under
conditions of total potential development permitted by the zoning regulations in the watershed.
(4) Downstream drainage. The subdivider's engineer shall also study the effect of each subdivision on
the existing downstream drainage facilities outside the area of the subdivision; this study shall be
reviewed by the Town's Engineer. Where it is anticipated that the additional runoff incident to the
development of the subdivision will overload an existing downstream drainage facility during a
five-year storm, the Planning Board shall notify the Town Board of such potential condition. In
such case, the Planning Board shall not approve the subdivision until provision has been made for
the improvement of such condition.
(5) Land subject to flooding. Land subject to flooding shall not be platted for residential occupancy,
nor for such other uses as may increase danger to health, life or property, or aggravate the flood
hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by
periodic or occasional inundation, or improved in a manner satisfactory to the Planning Board to
remedy the hazardous conditions.
V. Parks, open spaces, and natural features.
(i) Open space to be shown on plat. Where a proposed park, playground, or open space shown on
the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area
or areas be shown on the plat in accordance with the requirements specified in § 212-142V(2)
hereof. Such area or areas may be dedicated to the Town by the subdivider if the Town Board
approves such dedication.
(z) Parks and playgrounds not shown on Town Plan.
(a) The Planning Board shall require that a plat show sites of a character, extent and location
suitable for the development of a park, playground or other recreation purpose. The
Planning Board may require that the developer satisfactorily grade any such recreation areas
shown on the plat.
(b) The Board shall require that not less than three acres of recreation space be provided for
ioo dwelling units shown on the plat. However, in no case shall the Board require more than
io% of the total area to be set aside in the subdivision. Such area or areas may be dedicated
to the Town by the subdivider if the Town Board approves such dedication.
(3) Information to be submitted. In the event that an area to be used for a park or playground is
required to be so shown, the subdivider shall, prior to final approval, submit to the Board eight
prints (one on Mylar) drawn in ink showing, at a scale not smaller than 1:300, such area and the
following features thereof:
(a) The boundaries of the area, giving metes and bounds of all straight lines, radii, lengths,
central angles and tangent distances of all curves.
(b) Existing features, such as brooks, ponds, clusters of trees, rock outcrops and structures.
(c) Existing, and, if applicable, proposed changes in grade and contours of the area and of areas
immediately adjacent.
(4) Waiver of plat designation of area for parks and playgrounds. In cases where the Planning Board
finds that due to the size, topography or location of the subdivision, land for a park, playground or
other recreation purpose cannot be properly located therein, or, if in the opinion of the Board it
is not desirable, the Board may waive the requirement that the plat show land for such purposes.
The Board shall then require as a condition to approval of the plat a payment to the Town of
Ulysses in an amount established by the Town Board. Payment shall be per gross acre of land
which otherwise would have been acceptable as a recreation site. The amount of land which
otherwise would have been acceptable as a recreation site shall be determined in accordance
with the standards set forth in § 212-142V. Such amount shall be paid to the Town at the time of
final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until
such payment is made. All such payments shall be held by the Town in a special Town Recreation
Site Acquisition and Improvement Fund to be used for the acquisition of land that:
(a) Is suitable for public park, playground or other recreational purposes.
(b) Is so located that it will serve primarily the general neighborhood in which the land covered
by the plat lies.
(c) Shall be used only for park, playground or other recreational land acquisition or
improvements. Such money may also be used for the physical improvement of existing parks
or recreation areas serving the general neighborhood in which the land shown on the plat is
situated, providing the Town Board finds there is a need for such improvements.
(5) Reserve strips. Reserve strips of land which might be used to control access from a proposed
subdivision to any neighboring property, or to any land within the subdivision itself, shall be
prohibited.
(6) Preservation of natural features. The Planning Board shall, wherever possible, seek to preserve all
natural features which add value to residential developments and to the community, such as large
trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable
assets. No tree with a diameter of 20 inches or more at breast height shall be removed unless the
tree is within the right-of-way of a street as shown on the final subdivision plat or the tree is
damaged or diseased. Removal of additional trees shall be subject to the approval of the Planning
Board. In no case, however, shall a tree with a diameter of 20 inches or more as measured at
breast height above the base of the trunk be indicated to be removed without prior approval by
the Planning Board. All trees 20 inches in diameter or greater at breast height shall be shown on
the plat or survey map.
W. Waivers of certain required improvements.
(1) Where the Planning Board finds that, due to special circumstances of a particular plat, the
provision of certain required improvements is not requisite to the interest of the public health,
safety and general welfare or is inappropriate because of inadequacy or lack of connecting
facilities adjacent or in proximity to the proposed subdivision, the Board may waive such
requirements subject to appropriate conditions, provided that such waiver will not have the
effect of nullifying the intent and purpose of the Official Map, the Ulysses Comprehensive Plan or
this chapter.
(2) In granting waivers, the Planning Board shall require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements so waived.
Article XXII. Communication Transmission Towers and
Telecommunications Facilities
§ 212-143. Purpose.
The purpose of this article is to recognize the increased demand for wireless communications transmission
facilities and for the services they provide. Often these facilities require the construction of a
communications tower. The intent of this article is to protect the Town's interest in siting towers in ways
consistent with sound land use planning by minimizing visual and environmental effects of towers through
careful design, siting, and vegetative screening, avoiding potential damage to adjacent properties from
tower failure or falling debris through engineering and careful siting of tower structures and facilities; and
maximizing use of any new or existing tower and encouraging the use of existing buildings and/or structures
in order to reduce the number of towers needed while also allowing wireless service providers to meet their
technological and service objectives for the benefit of the public.
§ 212-144. Exemptions.
For the purpose of this article, any telecommunications facility that: i) is less than 75 feet in height and is set
back from any lot line a distance equal to its height plus to feet; and 2) does not require use of guy wires to
stabilize the antenna structure; and 3) does not have an antennae or dish that extends more than io feet
horizontally from the tower structure nor have more than seven square feet of surface area is exempt from
the requirements of this article.
§ 212-145. Definitions.
For the purpose of this article the following definitions shall apply:
ACCESSORY STRUCTURE
An accessory facility or structure serving or being used in conjunction with a telecommunications
facility or tower and located on the same lot as the telecommunications facility or tower. Examples of
such structures include utility or transmission equipment, storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall
include, but not be limited to, radio, television, cellular, paging, personal communications services and
microwave communications.
CO -LOCATED ANTENNAS
Telecommunications facilities which utilize existing towers, buildings or other structures for placement
of antenna(s) and which do not require construction of a new tower.
HEIGHT
Height includes height of structure and any attachments on the principal structure.
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and accessory structures used in connection with the provision of cellular
telephone service, personal communications services, radio and television broadcast services and
similar broadcast services.
TOWER
A structure designed to support antennas. Towers may include freestanding towers, guyed towers,
monopoles and similar structures that employ camouflage technology.
§ 212-146. Standards.
The following requirements related to project and site dimensions shall be adhered to:
A. Height. The tower shall be less than loo feet in height unless a different height above that limit is
demonstrated by the applicant as being necessary, and proof as to coverage needs is fully proven for
additional height.
B. Lot. A fall zone around any tower constructed as part of a telecommunications facility must have a
radius at least equal to the height of the tower and any attached antennas. The entire fall zone may not
include public roads and must be located on property either owned or leased by the applicant or for
which the applicant has obtained an easement, and may not, except as set forth below, contain any
structure other than those associated with the telecommunications facility. If the facility is attached to
an existing structure, relief may be granted by specific permission of the Planning Board, on a case -by -
case basis, if it is determined by such Board after submission of competent evidence that the waiver of
this requirement will not endanger the life, health, welfare or property of any person. In granting any
such waiver, the Board may impose any conditions reasonably necessary to protect the public or
adjacent property from potential injury.
C. Aesthetics and environmental considerations. Telecommunications facilities shall be located and
buffered to the maximum extent that is practical and technologically feasible to help ensure
compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on
neighboring residences, the Planning Board may impose reasonable conditions on the applicant,
including the following:
(1) The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen
the base of the tower and accessory structures to the maximum extent possible from adjacent
residential property. Existing on -site trees and vegetation shall be preserved to the maximum
extent possible.
(2) The Planning Board may require that the tower be designed and sited so as to avoid, if possible,
application of Federal Aviation Administration (FAA) lighting and painting requirements, it being
generally understood that towers should not be artificially lighted except as required by the FAA.
(3) The tower shall be of galvanized finish or painted matte gray, unless otherwise required by the
FAA, and accessory facilities should maximize use of building materials, colors and textures
designed to blend with the natural surroundings.
(4) No tower, accessory facility, or fencing shall contain any signs not mandated by the Federal
Communications Commission (FCC).
(5) Towers shall be designed to minimize the impact on migratory birds and other wildlife.
D. Access and parking. A road turnaround and two parking spaces shall be provided to assure adequate
emergency and public access. Maximum use of existing roads, public or private, shall be made. Road
construction and public utility services at the site shall at all times minimize ground disturbance and
vegetation cutting, and road grades shall closely follow natural contours to assure minimal visual
disturbance and reduce the potential for soil erosion.
E. Safety and security.
(1) All towers and guy anchors, if applicable, shall be enclosed by a fence not less than six feet in
height or otherwise sufficiently secured to protect them from trespassing or vandalism. The
applicant must comply with all applicable state and federal regulations including, but not limited
to, FAA and FCC regulations.
(2) Every five years the owner shall provide a certification from a qualified, licensed engineer
certifying that the tower or telecommunications facility meets applicable structural safety
standards.
Shared use of towers. In the interest of minimizing the number of towers, the Planning Board may
require, as a condition of either site plan or tower permit approval, that the applicant indicate, in
writing, a commitment to co -location of telecommunications facilities and to provide to the Planning
Board's satisfaction the same.
§ 212-147. Filing application.
The applicant will submit a written application for such a permit with the Zoning Officer. The applicant will
submit such information and documents as the Zoning Officer or any other officer or Town agency having
jurisdiction may require. Included in these documents must be a development plan and copies of all
documents submitted by the applicant to the Federal Communications Commission or any other
governmental agency having jurisdiction. Furthermore, the applicant shall submit an environmental
assessment form (long form) with visual addendum and an analysis demonstrating that the location of the
telecommunications facility as proposed is necessary to meet the frequency, reuse and spacing needs of the
applicant's telecommunications system and to provide adequate service and coverage to the intended area.
In addition, each applicant shall submit to the Planning Board a site plan, prepared to scale and in sufficient
detail and accuracy and including at the minimum the following materials:
A. Site plan.
(i) The applicant shall submit to the Planning Board the following materials:
(a) Exact location of the proposed telecommunications facility and/or tower, including
geographic coordinates, together with any guy wires and guy anchors, if applicable;
(b) The maximum height of the proposed telecommunications facility and/or tower, to include
all appurtenances;
(c) The details of tower type, to include engineering drawings from tower manufacturer
(monopole, guyed, freestanding or other);
(d) Location, type and intensity of any lighting on the tower;
(e) Property boundaries and names of adjacent landowners;
(f) Proof of the landowner's consent to abide by this article if the applicant does not own the
property;
(g) Location of all other structures on the property and all structures on any adjacent property
within ioo feet of the property lines, together with the distance of those structures from
any proposed tower;
(h) Location, nature and extent of any proposed fencing, landscaping and/or screening; and
(i) Location and nature of proposed utility easements and access road, if applicable.
(2) For the area within construction area, the applicant shall show:
(a) Topographical layout in ten -foot increments;
(b) All bodies of water and streams;
(c) Existing and proposed drainage;
(d) Proposed grading plans;
(e) Location of all trees over eight inches in diameter bh; and
(f) Construction plans and elevation drawings of the proposed project.
(3) At the time the applicant is notified of the public hearing date, he or she will be required to obtain
signage provided by the Planning Board by way of the Zoning Officer to be posted at the site by
the applicant in such a manner as to be readily visible to the public from the nearest adjacent
public road at least io days prior to the public hearing.
B. Application.
(1) The applicant shall submit to the Planning Board the following materials:
(a) A report from a professional engineer, which shall:
[1] Describe the tower and the technical, economic and other reasons for the tower
design;
[2] Demonstrate that the tower is structurally sound;
[3] Describe how many and what kind of antennas are proposed;
[4] Describe how many and what kind of antennas are possible on the tower;
[5] Demonstrate that the site can contain on site substantially all ice fall or debris from
tower failure;
[6] Demonstrate that the proposed electromagnetic radiation will not exceed the levels for
the environment recommended by the Federal Communications Commission in FCC
96-326, Table 1, "Limits for Maximum Permissible Exposure," and including current limits
set by the FCC at time of application, at the following locations:
[a] Base of the tower or point near the tower with the highest radiation levels;
[b] The nearest point on the property line; and
[c] The nearest habitable space regularly occupied by people.
(b) A copy of the applicant's FCC license, including any requirements from the FAA.
(c) A copy of the certificate of need issued by the Public Service Commission.
(d) A letter of intent committing the tower owner applicant and/or landowner to negotiate in
good faith for shared use by third parties. This letter, which shall be filed with the Building
Inspector prior to the issuance of a building permit (assuming the telecommunications
tower is approved), shall commit the tower owner and his or her successors in interest to:
[1] Respond in a timely, comprehensive manner to a request for information from a
potential shared -use applicant;
[2] Negotiate in good faith for shared use by third parties;
[3] Allow shared use if an applicant agrees, in writing, to pay charges; and
[4] Make no more than a reasonable charge for shared use, based on generally accepted
accounting principles. The charge may include, but is not limited to, a pro rata share of
the cost of site selection, planning, project administration, land costs, site design,
construction and maintenance, financing, return on equity and depreciation, and all of
the costs of adapting the tower or equipment to accommodate a shared user without
causing electromagnetic interference or causing uses on the site to emit
electromagnetic radiation in excess of levels described above.
(e) Evidence that existing facilities or structures, within the technically feasible area, do not have
space on which planned equipment can be placed so as to function effectively. This shall
include the following:
[1] The applicant shall contact the owners of all existing or approved towers within a ten -
mile radius of a proposed site;
[2] The applicant shall provide each contacted owner with the engineer's report required
above;and
[3] The applicant shall request each contacted owner to assess the following:
[a] Whether the existing tower could accommodate the antenna to be attached to
the proposed tower without causing structural instability or electromagnetic
interference;
[b] If the antenna cannot be accommodated, assess whether the existing tower could
be structurally strengthened or whether the antennas and related equipment
could be protected from interference;
[c] Whether the owner is willing to make space available; and
[d] The projected cost of shared use.
(f) Visual environmental assessment form (EAF) addendum to the full EAF.
[1] The applicant shall indicate how the structure can be blended with the viewshed,
including any attempts at camouflage;
[2] The Planning Board may require submittal of a more detailed analysis based on the
results of the visual environmental assessment form addendum.
(g) Application fee as established by Town Board resolution.
(h) Application shall provide a five-year plan for build -out with propagation studies.
(i) Analysis of alternative sites that includes a preliminary viewshed analysis.
(j) Names, addresses, and phone numbers of the applicant, landowner, engineering consultant,
and service provider.
(2) The Building Inspector will not be required to proceed under this chapter until an application is
complete and application fee is paid as set by the Town Board.
§ 212-148. Planning Board procedure.
A. Procedures.
(1) After the applicant has filed all documents and supplied all the information required by the
Building Inspector, but not later than 3o days from the date a completed application is filed, the
Building Inspector shall file such application and all other documents with the Chair of the
Planning Board, who shall place the application on the agenda of the next meeting of the Planning
Board.
(2) The application shall be reviewed at such meeting and the Chair shall set a date for a public
hearing, notice of which shall be posted and published at least once in the official newspaper, the
first publication of which shall be at least to days prior to the date set for the public hearing, and
mailed to owners of property lying within 1,000 feet of the proposed site and to such other
owners of property in the vicinity of the proposed site as the Chair of the Planning Board shall
determine, at the applicant's cost. It shall be sufficient if the determination of the ownership is
based on the current assessment roll and the assessment map, but the failure to notify all such
owners shall not render defective any action of the Planning Board.
(3) The date of said public hearing shall be within the requirements set forth in Town Law and the
State Environmental Quality Review Act from the date on which the completed application was
filed with the Chair of the Planning Board.
(4) The Planning Board may at any stage of the proceedings require additional information,
documents or testimony, and may adjourn final consideration of its recommendation for a
reasonable period for the foregoing purpose and for further study and review, but no more than
6o days after the first date set for the public hearing.
(5) If the Planning Board requires the assistance of a consultant to evaluate the application, the
reasonable fees for consultation required by the Planning Board to evaluate the application shall
be borne by the applicant.
(6) The special permit may be granted, denied, or granted with conditions by the Planning Board.
B. Planning Board criteria. The Planning Board, before rendering its decision, shall consider the following
standards and matters:
(1) The proposed structure is necessary to meet current or reasonably expected demands for
services in the community.
(z) The application significantly demonstrates that alternative sites were evaluated.
(3) The application conforms to all federal and state laws and all applicable rules or regulations
promulgated by the FCC, the FAA and other federal agencies having jurisdiction.
(4) The proposed structure is considered a public utility in the State of New York.
(5) The proposed structure is sited, designed and constructed in a manner which minimizes:
(a) Visual impact to the extent practical; and
(b) Adverse impact upon migratory birds and other birds and wildlife.
(6) The application complies with all other requirements of this chapter, unless expressly superseded
herein.
(7) The site is the most appropriate choice among the sites available within the technically feasible
area for the location of a telecommunications facility.
(8) In considering construction of a new tower, such tower is designed to accommodate future
shared use by at least two other telecommunication service providers. Any subsequent location
of telecommunication equipment by other service providers on existing towers specifically
designed for shared use shall not require a new or modified special permit if there would be no
increase in the height of the tower and if the tower's original design was adequate to
accommodate the proposed additional equipment. However, the proposed structure will require
a site plan review and issuance of a building permit before construction occurs. At the discretion
of the Zoning Officer there may be required, before issuance of a building permit, an engineer's
certificate or report to the effect that with the proposed additional equipment the existing tower
continues to be safe and meets all then currently applicable design and construction criteria in
accordance with generally accepted good engineering practices and generally accepted industry
standards.
(9) The size of the site chosen for the proposed use. The tower must be located on an unoccupied
parcel having an area of sufficient size that no part of the tower will fall on a neighboring property
should the structure collapse.
§ 212-149. Building permits.
No building permit shall be issued until final approval has been granted to the applicant by any county, state
and federal agency having jurisdiction in the matter and any and all other permits which may be required
have been issued to the applicant.
§ 212-150. Limited permit.
Any permit granted under this article shall be valid only for the dimensions and number of antennas or
towers in the original application. A new application must be submitted to the Planning Board for any
changes.
§ 212-151. Removal provisions.
A. At the time of submittal of the application for a special permit for a telecommunications facility, the
applicant shall submit an agreement to remove all antennas, driveways, structures, buildings,
equipment sheds, lighting utilities, fencing, gates, accessory equipment or structures, as well as any
tower(s) designated solely for use within a telecommunications facility if such facility becomes
technologically obsolete or ceases to perform its original intended function for more than 12
consecutive months. Upon removal of said facility, the land shall be restored to its previous condition,
including, but not limited to, the seeding of exposed soils.
B. At the time of obtaining a building permit, the applicant must provide a financial security bond for
removal of the telecommunications facility and restoration of the property, with the municipality as
the assignee, in an amount approved by the Planning Board, but not less than $50,000.
C. In instances of modification of the special permit, the Planning Board may adjust the required amount
of the financial security bond to adequately cover increases in the cost of the removal of the
telecommunications facility and the restoration of the property.
Article XXIII. Nonconformance
§ 212-152. Nonconforming buildings/structures.
Where at the effective date of adoption or amendment of any provision of the Town of Ulysses Zoning Law
(hereinafter referred to as "the effective date'), a lawful structure exists that could not be built under the
terms of the Town of Ulysses Zoning Law (hereinafter referred to as "this chapter) by reason of restrictions
on area (except as otherwise provided in § 212-154 below), lot coverage, height, yards, or other
characteristics of the building/structure or its location on the lot, current and future owners may retain
such building/structure, so long as it remains otherwise lawful, subject to the following provisions:
A. No such building/structure may be enlarged in a way which increases its nonconformity;
B. On any nonconforming building/structure, ordinary maintenance may be performed to repair, replace,
strengthen or restore any walls, fixtures, windows, wiring, plumbing, or roofing. Nothing in this chapter
prevents the strengthening or restoring to a safe condition of any building/structure or part thereof
declared to be unsafe by any official charged with protecting the public safety, upon order of such
official;
C. Should such building/structure be destroyed by casualty, in whole or in part, it may be reconstructed in
accordance with the provisions of § 212-156 below;
D. Should such building/structure be moved for any reason for any distance whatever, it must thereafter
conform to the regulations for the district in which it is located after it is moved;
E. Should such building/structure be demolished voluntarily, in whole or in part, it may be reconstructed
in accordance with the provisions of § 212-156 below.
§ 212-153. Nonconforming uses of land and
buildings/structures.
If a lawful use of land, of a building/structure, or of building/structure and land in combination, exists at the
effective date, that would not be allowed in the district under the terms of this chapter as amended, the
lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:
A. Such nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of
land than was occupied at the effective date;
B. No existing building/structure devoted to a use not permitted by this chapter in the district in which it
is located may be enlarged, extended, constructed, moved, or structurally altered except in changing
the use of the structure to a use permitted in the district in which it is located;
C. Ordinary repairs may be made, and any nonbearing walls, fixtures, wiring or plumbing may be repaired
or replaced. Nothing in this chapter prevents the strengthening or restoring to a safe condition of any
building/structure or part thereof declared to be unsafe by any official charged with protecting the
public safety, upon order of such official;
D. Should such building/structure be destroyed by casualty, in whole or in part, it may be reconstructed in
accordance with the provisions of § 212-156 below;
E. Any nonconforming use may be extended throughout any parts of a building/structure which were
manifestly arranged or designed for such use at the effective date, but such use must not be extended
to occupy any land outside such building/structure;
F. Any building/structure, or building/structure and land in combination, in or on which a nonconforming
use is superseded by a permitted use must thereafter conform to the regulations for the district in
which such structure is located, and the nonconforming use may not thereafter be resumed;
G. When a nonconforming use of a structure, or structure and land in combination, ceases for a period of
one year, the structure or structure and land in combination must not thereafter be used except in
conformance with the regulations of the district in which it is located. For purposes of determining
whether a nonconforming use has ceased for a period of one year, there shall be excluded from the
calculation of the year period any period of time during which a nonconforming use was suspended
solely because of a national emergency or temporary government restrictions (other than zoning
restrictions). Upon termination of the national emergency or the temporary government restriction,
the calculation of the year period shall resume. The time limit may be extended by the Board of Zoning
Appeals in case of practical difficulty or unnecessary hardship;
H. Where nonconforming use status applies to a building/structure and land in combination, removal or
destruction of the building/structure eliminates the nonconforming status of the land;
Where a nonconforming use exists in an area that has been or now requires site plan approval for any
change of use, the nonconforming use may not be changed to any other use permitted in the district
until site plan approval has been obtained pursuant to the terms of this chapter.
§ 212-154. Dwellings on nonconforming lots.
Notwithstanding the provisions above prohibiting enlargement of nonconforming uses, if only a one -family
dwelling or a legally existing two-family dwelling and related accessory buildings are present on a lot that is
of a size or area less than that otherwise permitted in the district in which the lot is located, and such lot is a
valid nonconforming lot, such dwelling may be enlarged or altered provided:
A. The existing dwelling is in conformance with all requirements of this chapter except for the fact that it
is located on a lot of record that is less than the required size or area at the effective date creating the
nonconformity;
B. Such alteration or enlargement does not violate any other provisions of this chapter (e.g., yard, height,
or other restrictions).
§ 212-155. Continuation of construction.
Nothing in this chapter is deemed to require a change in the plans, construction, or designated use of any
building/structure on which actual construction was lawfully begun prior to the effective date and upon
which actual building/structure construction has been completed within two years after the effective date
making the use or building/structure location nonconforming.
§ 212-156. Restoration.
A. Nothing herein shall prevent the continued use and substantial restoration and continued use of a
nonconforming building/structure damaged by fire, flood, earthquake, act of nature, or act of the
public enemy, or by voluntary demolition, provided that:
(1) Such restoration is located on, and no larger than, the footprint of the building/structure prior to
its destruction and its height does not exceed the height of such prior structure; and
(2) Such restoration is completed within two years of the damage; and
(3) The use of the building/structure and the manner in which it was used prior to the loss is
recommenced within two years of the damage.
B. The time limits set forth above may be extended by the Board of Zoning Appeals in cases of practical
difficulty or unnecessary hardship using the same criteria as are applied in determining applications for
an area variance. An application for an extension shall be brought no later than 6o days before the
expiration of the two-year period or 6o days before the expiration of any previously granted extension.
§ 212-157. Board of Zoning Appeals determination.
The Board of Zoning Appeals shall have the jurisdiction to hear and determine any claims as to whether a
particular use is a valid nonconforming use, or whether a nonconforming use has been improperly extended
or enlarged, or any other matter relating to the nonconforming uses. Such jurisdiction may be exercised by
an appeal of a decision of the Zoning/Code Enforcement Officer, or by direct application to the Board of
Zoning Appeals in those instances where there is no application for a permit or certificate before the
Zoning/Code Enforcement Officer. Any such direct application to the Board of Zoning Appeals shall be
made on such forms and contain such information as the Board and/or the Zoning/Code Enforcement
Officer may determine and shall be delivered to the Zoning/Code Enforcement Officer for submission to
the Board.
§ 212-158. Variance criteria.
In the event an application is made to the Board of Zoning Appeals for a variance to enlarge or alter a
nonconforming use, the Board of Zoning Appeals shall apply the same criteria in determining the matter as
would be applicable if the application had been made for property that was otherwise conforming. For
example, if the application is to enlarge a building that already encroaches on a required side yard, the
Board of Zoning Appeals shall use the criteria applicable to considering an area variance. If the application is
to change the use to another nonconforming use, the Board of Zoning Appeals shall use the criteria
applicable to considering a use variance.
Article XXIV. General Provisions
§ 212-159. Temporary accessory residence.
A. Trailers or campers with less than 500 square feet of floor area may be used as a temporary accessory
residence, adjoining a permanent residence or private recreational area, for periods not exceeding six
weeks in any three-month period, or in any duly authorized campground.
B. Trailers or campers may be used as a temporary residence or office on a construction site for a period
not to exceed one year.
§ 212-16o. Existing lots.
A. Other provisions of this chapter notwithstanding, nothing shall prohibit the use of a lot of less than the
required area for a single-family dwelling in any district, when said lot at the enactment of this chapter
was owned or leased by persons other than those owning or leasing any adjoining lot, provided that all
other provisions of this chapter are complied with.
B. The above notwithstanding, any lot that is deemed conforming to the prior Town of Ulysses Zoning
Ordinance, or was created prior to any local zoning law but now is deemed nonconforming, shall not
require the approval for an area variance by the BZA should said lot meet all setback, front and rear
yard requirements of this chapter.
§ 212-161.Open porches.
In determining the size of yards for the purpose of this chapter, porches or carports, open at the sides but
roofed shall be considered a building or part of a building.
§ 212-162. Fences and walls.
The provisions of this chapter shall not apply to fences or walls built or maintained in support of agricultural
operations, or not over six feet above the natural grade, nor to terraces, steps, patios, unroofed porches or
decks, or other similar features not over three feet above the level of the natural grade, except for the
restrictions set forth in § 212-163 below.
§ 212-163. Corner visibility.
In any zoning district, no structure, fence, sign or planting over three feet in height, measured from the
center of the adjacent road or highway, shall be maintained in any corner lot within a triangular area formed
by the lot lines along the street to a point on such lines a distance of 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 conform within one year from the date this chapter becomes effective.
§ 212-164. Projections in yards.
A. Every part of a required yard shall be open from its lowest point to the sky, except for the ordinary
projection of sills, belt courses, pilasters, leaders, chimneys, cornices, eaves and ornamental features,
provided that no such projection extends more than two feet into any required yard.
B. Bays, including their cornices and eaves, may not extend more than two feet into any required yard
provided that the sum of such projections on any wall shall not exceed 1/3 the length of such wall.
C. An open fire balcony or fire escape may extend not more than four feet into any required yard.
§ 212-165. Reduction of lot area.
Whenever a lot upon which stands a building is changed in size or shape so that the area and yard
requirements of this chapter are no longer complied with, such building shall not thereafter be used until it
is altered, reconstructed or relocated so as to comply with these requirements. The provisions of this
section do not apply when a portion of a lot is acquired for public purpose.
§ 212-166. More than one building on lot.
A. When there is more than one principal building on a lot in any zoning district, the space between such
buildings shall be at least equal to the sum of the side yards required by such buildings if built in the
respective side yard of each other; or the sum of the rear and front yards if built in the respective front
or rear yard of each other.
B. In no case, however, shall either building encroach upon any required front, side or rear yard setback
areas of the lot.
§ 212-167. Accessory buildings.
A. Except in the Hi —Hamlet District, no accessory building may occupy more than 20% of any required
yard setback and in no case shall exceed 20 feet in height. For lots abutting Cayuga Lake, a boathouse
in the front yard shall be a permitted accessory use.
B. For the purposes of this chapter, tractor trailers, shipping containers, PODS®, and similar structures
are not considered to be accessory buildings.
§ 212-168. Abandoned cellar holes and destroyed or derelict
buildings.
A. If excavation for a building has begun, but no structure built by the time one year has elapsed, any such
excavation shall be covered over or refilled to the normal grade by the owner.
B. Any building substantially destroyed by any cause shall be rebuilt or demolished within one year. For
the purpose of this chapter, "substantially destroyed" shall mean damage in excess of 50% of the
replacement cost of the building in its entirety.
C. Any excavation or cellar hole remaining after the demolition or destruction of a building from any
cause shall be covered over or filled by the owner within one year.
D. Fencing or similar safety measures shall be provided around excavations, derelict buildings, damaged
structures, construction sites and other hazardous sites, immediately upon the determination by the
Zoning Officer that such action is necessary in the interest of public safety.
E. If a property owner fails to comply with any of the provisions of this section he or she shall be subject
to the penalties provided for in Article II, § 212-4.
§ 212-169. Abandoned wells.
Any abandoned well, cesspool, septic tank or other underground tank or chamber shall be backfilled,
covered or otherwise secured in a manner that precludes unauthorized or accidental entry or entrapment.
§ 212-170. Discontinuance of junkyards, open storage,
automobile sales lots.
A. Notwithstanding any of the provisions of this chapter, any motor vehicle or other junkyard, including
an open area for the outdoor storage of motor vehicles, used building materials, scrap metal, plastic,
paper, rags, glass, broken appliances such as stoves, etc., refuse and other debris for any purpose in
existence in any district shall be discontinued. The Board of Zoning Appeals, however, may grant a
special permit for the continuation of such use, pursuant to the provisions of Article III, § 212-18. Farm
operations within a county -adopted, state -certified agricultural district where such materials are
generated by or used in an ongoing agricultural operation are exempt from this provision.
B. Any automobile sales lot or any billboard or nonconforming sign or advertising device in existence in
any Ai —Agricultural, Ri—Rural Residence, R2—Moderate-Density Residence, RM—Multiple- Residence,
or Hi —Hamlet District at the enactment of this chapter shall be discontinued within one year of
enactment of this chapter, and shall not be considered a legal nonconforming use.
C. No lot may contain one or more abandoned, partially dismantled or nonoperative motor vehicles in
any open area. Farm operations within a county -adopted, state -certified agricultural district where
such materials are generated by or used in an ongoing agricultural operation are exempt from this
provision.
D. No lot may contain in any open area more than one unregistered automobile, truck or other motor
vehicle subject to registration with the New York State Department of Motor Vehicles. Farm
operations within a county -adopted, state -certified agricultural district where such materials are
generated by or used in an ongoing agricultural operation are exempt from this provision.
§ 212-171. Power generation facilities or structures.
Requires a special permit from the Planning Board.
[i] Editor's Note: Amended at time of adoption of Code (see Ch. 7, General Provisions, Art. n.
§ 212-172. Singlewide manufactured homes.
Singlewide manufactured homes are permitted only in the MHP District.
§ 212-173. Natural gas and/or petroleum exploration,
extraction, support activities and production wastes.
A. The provisions of this section are in further clarification of § 212-2, of this chapter, which provides in
part: "Any use not specifically set forth as a permitted use in any zoning district shall be expressly
prohibited in that zone. A use specifically set forth as a permitted use in one zoning district shall not be
permitted in another zoning district unless it is specifically set forth as a permitted use in said district."
B. The following uses are not permitted in any zoning district:
(1) Natural gas and/or petroleum exploration.
(2) Natural gas and/or petroleum extraction.
(3) Natural gas and/or petroleum support activities.
(4) The transfer, storage, treatment, or disposal of natural gas and/or petroleum exploration or
production wastes, or the application of such wastes to land or roadways;
(5) Erection of any derrick, building or other structure or placement of any machinery or equipment
for the purposes outlined in § 212-173B(i), (2), (3) or (4) above;
C. No permit issued by any state or federal agency, commission or board to any person, firm or
corporation, which would violate the prohibitions of this section, shall be deemed valid within the
Town of Ulysses.