Ulysses Town City Zoning Code
ARTICLE XVI
MZ - Marina Zone
§ 212-95 Purpose.
The purpose of the MZ — Marina Zone is to preserve and protect the natural, environmental, and historic resources of the lakeshore and to provide waterfront access to Cayuga Lake.
§ 212-96 Permitted uses.
In the MZ — Marina Zone, 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.
Recreational facility, such as park, playground, preserve, fishing pier, or yacht club.
§ 212-97 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A.
Accessory buildings, subject to Article XXIV, § 212-167, Accessory buildings and accessory dwelling units.
B.
Docks and moorings as regulated by state and federal agencies.
C.
Single-family residence and their accessory buildings.
D.
Signs as regulated under Article XX, § 212-122.
E.
Swimming beach, as regulated by Tompkins County Health Department.
F.
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.
G.
Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
H.
Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
§ 212-98 Uses permitted by site plan review.
The following uses are allowed within the MZ — Marina Zone 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 or professional office.
B.
Sale, rental, repair, or storage of marine-related recreation equipment, such as boats, sails.
C.
Restaurant.
§ 212-99 Uses permitted by special permit.
The following uses are allowed within the MZ — Marina Zone 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.
Campgrounds and group campgrounds, subject to the provisions of Article XX, § 212-127.
B.
Cultural facility, such as museum or nature center.
C.
Hotel.
D.
Public, private, or parochial school.
§ 212-100 Lot area and yard requirements.
A.
Minimum lot area shall be five acres.
B.
Minimum lot width at front lot line shall be 250 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 yard setback shall be 50 feet.
G.
Maximum building height shall be 32 feet.
H.
Maximum lot coverage shall be 5% of the lot area.
I.
Maximum footprint of a new building shall be 2,000 square feet.
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.
§ 212-101 Buffer areas.
No buildings or other structures, or parking areas, shall be located within 100 feet from a perennial or intermittent stream edge or any wetland as defined by local, state or federal law and further provided for in § 212-124.
§ 212-102 Design standards.
A.
Streams.
(1)
Perennial and intermittent streams are, and wetlands may become, prominent features of the Marina Zone, 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 Zone 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, local and federal governing regulations. Buffer areas apply to local and federally protected wetlands greater than 0.1 acre.
(3)
All perennial and intermittent streams and all state, federal, and locally designated wetlands are required to have a protective setback as defined in § 212-124B and § 212-101.
(4)
Requirements.
(a)
To the extent possible, perennial and intermittent streams shall be protected from sediment, effluent, sewage, and driveway runoff.
(b)
Diverting or altering the course of perennial or intermittent 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 100 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.
(5)
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 Marina Zone 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 zone 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 Zone 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 Zone outside of unique natural areas or slope overlay areas. Tree removal is allowed in the Marina Zone 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.
(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.
(l)
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.
(1)
All streams and state, federal, and locally designated wetlands are required to a have a protective setback as defined in § 212-101 and § 212-124B.
(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 10 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 approval.
(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.