Ulysses Town, NY Zoning Ordinance

Ulysses Town City Zoning Code

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.

Yards. All required yards in any zoning zone 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 zones shall also be maintained as not to cause health and/or safety conditions.

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 7:00 a.m. and 11:00 p.m., and 55 dBa between the hours of 11:00 p.m. and 7:00 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.

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 zones.

Purpose. The design objective for the access, parking, and circulation standards is to:

(1)

Emphasize the importance of site accessibility from a variety of modes of transportation wherever appropriate, including pedestrians, bicycles, automobiles, and current or potential future transit service;

(2)

Ensure the appropriate site location and design features that mitigate the impact of parking lots on other land uses and design goals for surrounding zones;

(3)

Create the least visible impact of parking on adjacent private and public property; and

(4)

Promote parking designs that minimize runoff and incorporate infiltration of stormwater into the ground.

Loading areas.

(1)

In R, HN, and HC Zones, no loading berth may be located on a front facade, and no loading area may be located in a front yard.

(2)

For building larger than 5,000 square feet devoted to a use that is allowed in the B1 — Business Zone, HC — Hamlet Center Zone, and OTMU — Office Technology Mixed-Use Zone, but not allowed in the R or RM Zones, there shall be one off-street loading space for each 20,000 square feet of floor area or portion thereof.

(3)

Where any loading area is located within 50 feet of, and visible from, an interior side or rear lot line that abuts any lot in an R — Residential Zone, LS — Lakeshore Zone, CZ — Conservation Zone, RM — Multiple-Residence Zone, MZ — Marina Zone, HN — Hamlet Neighborhood, or MHP — Manufactured Home Park Zone, the loading area must be screened by a vegetated buffer yard, designed per § 212-124.

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 18 feet long, the minimum allowable dimensions for a parallel parking space shall be seven feet wide by 18 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 13 feet if the angle of the parking spaces is 45° from the perpendicular, and 18 feet if the angle of the parking spaces is 60° from the perpendicular.

(4)

All off-street parking shall be, surfaced so as to be durable and well-drained with design consideration based on the expected level of traffic for the parking area, and shall be provided with necessary access drives.

(5)

All parking areas are to be maintained in a well-kept condition.

(6)

Permeable pavement shall should be used when possible to reduce stormwater runoff.

Pedestrian design standards.

(1)

Pedestrian facilities must provide connecting main entrances to parking, adjacent public rights-of-way and transit stops, and all uses on a site that allow for public access. Pedestrian facilities must be paved with a fixed, firm, and non-slip material.

(2)

Pedestrian facilities must be provided between rows of parking spaces.

Landscape plan.

(1)

All developments subject to Site Plan Review § 212-19 must submit a landscape plan. Where developments involve either 10,000 square feet or more of development area or construction or reconstruction of a parking lot containing 20 or more spaces, the landscape plan must be stamped by a New York State licensed landscape architect. Single-family dwellings, two-family dwellings, and multiple-family residences of six units or less are exempt from this requirement.

(2)

At least 10% of the interior of the parking lot, calculated as the total surface area of all parking spaces, drive aisles, and interior landscape, must be landscaped.

(3)

Where any parking lot is located along, within 50 feet of, and visible from a public right-of-way, the parking lot must be screened by a vegetated buffer, per § 212-124.

(4)

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. Trees used to meet this requirement must be planted within the perimeter of the parking area.

(5)

Where any parking lot is larger than nine spaces the parking lot must be screened by a vegetated buffer yard, designed per § 212-124.

§ 212-122 Standards for signs.

Purpose. The purpose of this article is: 1. to provide standards to protect the public health, safety and welfare by controlling the number, location, construction, installation, illumination and maintenance of all signs and sign structures in the Town of Ulysses; 2. to create a more attractive economic and business climate and to enhance and protect the physical appearance of the community; 3. to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, and provide more visual open space; and 4. to promote attractive signs, which clearly present the visual message in a manner that is compatible with the sign's surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.

General.

(1)

No sign or other outdoor devices for the purpose of advertising of any kind may be erected or established in the Town of Ulysses except in conformance with the standards in this section.

(2)

All signs with a surface area greater than 24 square feet require a building permit and must comply with applicable regulations of this section. Sign alteration and maintenance activities such as painting, cleaning, or other normal maintenance and repair do not require a building permit, provided that no change is made to any structural or electronic component of the sign.

(3)

All new, reconstructed, altered, or relocated signs must comply with the standards of this section.

(4)

Temporary signs are allowed for a maximum of 30 days per occurrence, up to a maximum of 180 days per calendar year.

(5)

No permanent or temporary sign may be erected or placed at or near the intersection of any streets in such a manner as to cause a traffic hazard at the intersection; or at any location where, by reason of the position shape or color of the sign it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device or which makes use of the words "Stop," "Look," "Drive-in," "Left" or any other words, phrases, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrians, cyclists, or motorists. The regulations of the New York State Department of Transportation must be followed with respect to the placement of a permanent or temporary sign within the right of way of a state highway.

(6)

Signs projecting into a public right-of-way require approval from the Town Highway Superintendent and/or County and State Highway Departments, and must have a clearance of not less than eight feet above the sidewalk or surrounding ground and not less than 15 feet above any public driveway or street.

(7)

No sign, other than signs placed by agencies of government with appropriate jurisdiction, or a sign whose placement is authorized by such agencies, may be erected or placed on public property.

(8)

The provisions of this section do not apply to safety signs, street signs, historical markers or highway directional signs erected by municipal or public agencies.

(9)

All temporary signs must be nonilluminated. Allowed permanent signs may be nonilluminated, or illuminated by internal light fixtures or external indirect illumination, unless otherwise specified.

(10)

No sign shall be placed on the roof of any structure or building.

(11)

Off-premises signs are prohibited on the Cayuga Lake Scenic Byway, New York Route 89.

(12)

Signs may not contain mirrors.

(13)

Signs may not contain day-glow or fluorescent paint.

Sign illumination and internally illuminated signs.

(1)

Sign lighting fixtures must be selected and designed with International Dark Sky Association features to focus lighting downward.

(2)

In this section the term "illuminated sign" applies to both signs that are illuminated by external and internal illumination.

(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)

Signs must have photocells that automatically dim in dark conditions in direct correlation to natural ambient light conditions. At no time shall the sign lights be greater than 0.3 footcandle above ambient light conditions.

(7)

External illumination.

(a)

An externally illuminated sign is characterized by the use of artificial light reflecting off its surface.

(b)

External light sources intended to illuminate the sign face must be fully shielded, direct light only in a downward manner, and placed close to, and directed upon, the sign face.

(c)

Externally illuminated signs must be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.

(8)

Internal illumination.

(a)

An internally illuminated sign is characterized by the use of artificial light projecting through its surface.

(b)

Internal illumination is permitted only as white or off-white graphics on an opaque dark-colored background or as white or off-white halo lighting,

(c)

Internal illumination is limited to letters, numbers, symbols, and accents. No more than 50% of the total sign area may be internally illuminated, measured by the smallest rectangles that can fully enclose the internally illuminated elements. The remaining area of the sign face must remain opaque.

(9)

Direct illumination. A directly illuminated sign is characterized by the use of exposed lamps, such as neon tubes or incandescent bulbs that have no shielding and are visible to the eye. Direct illumination of signs is not permitted in the Town of Ulysses.

(10)

Electronic message centers (EMC): An electrically activated display that utilizes computer-generated messages or other electronic means of changing to present variable messages and/or graphic presentations. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Electronic message centers (EMCs) are not permitted in the Town of Ulysses.

Sign measurement.

(1)

Sign area. Sign area is measured as the total area of a sign, as follows:

(a)

For freestanding signs, the entire area of the framework or background of the sign is calculated as sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed.

(b)

For signs on a building facade consisting of freestanding letters or features, the sign area is calculated as the total area of each rectangle that encompasses each individual letter or feature. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face.

(c)

Window signs printed on a transparent film and affixed to the interior or exterior of a windowpane are calculated as individual letters or features, provided that the portion of the film around the individual letters or features is fully transparent.

(d)

The sign area of a three-dimensional, free-form or sculptural (nonplanar) sign is calculated as 50% of the sum of the area of the four vertical sides of the smallest cube that will encompass the sign.

(e)

If a sign has two or more faces, the area of all faces is included in determining the area of the sign, unless the two sign faces are placed back to back and are no more than two feet apart. In such case, the sign area is calculated as the area of one face. If the two faces are unequal in area, the area of the larger face is used to calculate sign area.

(2)

Sign height. Sign height is measured as the vertical distance from the base of a sign or sign structure, to the highest point of the sign or sign structure. Building-mounted sign height is measured from the bottom of the sign to the top of the sign. No portion of a building-mounted sign may protrude above the building the sign is mounted to.

(3)

Vertical clearance. For signs attached to a structure, vertical clearance is measured as the vertical distance from the sidewalk or nearest ground level to the lowest point of the sign.

Off-premises signs.

(1)

All off-premises signs are limited to 12 square feet per face.

(2)

No off-premises/advertising signs may exceed six feet in height, including support, as measured from the ground below the sign.

(3)

Only two sign faces shall be permitted on any one structure or support.

(4)

No illumination is permitted, either located on or directed toward the off-premises sign.

(5)

No off-premises sign may be located nearer than 300 feet to another off-premises sign.

(6)

All off-premises sign applications are subject to Site Plan Review, § 212-19.

Signs in A/R, R, LS, CZ, RM, MZ, PR, HN, WH, and MHP Zones. In an A/R-Agricultural/Rural Zone, R — Residential Zone, LS — Lakeshore Zone, CZ — Conservation Zone, RM — Multiple-Residence Zone, MZ — Marina Zone, PR — Park/Recreation, HN — Hamlet Neighborhood, WH — Waterburg Hamlet, or MHP — Manufactured Home Park the following signs are permitted:

(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)

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;

(4)

For all other uses, one freestanding sign and one sign on a building facade, each not to exceed 20 square feet in area. Freestanding signs must not exceed a height of six feet;

(5)

On-premises temporary signs provided such sign area does not exceed a total 12 square feet in area. Freestanding signs must not exceed a height of six feet.

Signs in the B1 Zone and OTMU Zone. In B1 — Business Zone and OTMU — Office Technology Mixed-Use Zone, the following signs are permitted:

(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)

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.

(4)

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.

(5)

For retail businesses in a shopping center, no more than one sign, not to exceed 40 square feet if attached to a building facade.

(6)

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.

(7)

For gasoline stations, no more than three signs, freestanding or affixed to the building, 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 10 square feet in area each. Signs required by state and federal law are exempt.

(8)

For printing, welding, plumbing, and similar enterprises, automobile, appliance and machinery sales and service, hotels, and 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.

(9)

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.

(10)

For all other 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.

Signs in the HC Zone. In the HC — Hamlet Center Zone the following signs are permitted:

(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)

A maximum of one monument sign, limited to a sign area of 10 square feet and a height of four feet is permitted per site per right-of-way frontage. A monument sign may be erected only on a site where the building is set back a minimum of 15 feet from the lot line.

(4)

A maximum of one under-awning sign of four square feet is permitted per establishment with a ground-floor main entrance. An under-awning sign must be securely fixed to the underside of the awning with metal attachments, may not project beyond the awning, and may not be illuminated.

(5)

A maximum of one porch sign is permitted per establishment per right-of-way frontage, and is limited to eight square feet in sign area.

(6)

A maximum of one wall sign is permitted per establishment per right-of-way frontage, and is limited to 80% of the facade width and projection from wall is limited to two feet.

(a)

No wall sign may extend above the window sills of the second story, unless the establishment extends to the second story or above. No portion of a wall sign may extend above the roofline or parapet wall, or, in the case of a wall sign attached to an appurtenance, the highest point of the appurtenance.

(7)

Window signs that cover less than 10% of the window area.

Public safety.

(1)

No direct or reflected light from the primary light source of a sign may create hazards for pedestrians, cyclists, or operators of motor vehicles.

(2)

No sign may be installed in a way that obstructs free and clear vision, or free use, of any public right-of-way, intersection, ingress or egress point, transit stop, parking space, drive aisle, driveway, building entrance, standpipe, or accessibility ramp.

(3)

Colored light must not be used at a location or in a manner so as to be confused with or construed as traffic control devices.

(4)

Blinking, flashing, fluttering, strobe-light effects, and streaming video are prohibited.

Construction.

(1)

All signs must be erected in compliance with building, electrical, and fire codes, and with the following requirements as applicable:

(a)

Supports and braces must be designed as an integral part of the overall sign structure and hidden from public view to the extent technically practicable.

(b)

All signs attached to a building must be installed and maintained so that wall penetrations are watertight and do not exceed allowable stresses of supporting materials.

(c)

When a building-mounted sign is removed, the wall must be repaired and restored to its original condition prior to sign installation.

(d)

All signs and their supporting structures must be enclosed so as to prevent inhabitation by birds, rodents, insects, and other wildlife.

(e)

All signs must be designed and constructed to withstand wind loads, dead loads, and snow loads as required by the New York State Fire Prevention and Building Code.

(f)

Materials for signs must be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance. Glass forming any part of a sign, with the exception of exposed lamps, must be safety glass.

(g)

Signs constructed of fabric or fabric-like material must be held taut within frames.

(h)

Audio components are prohibited as part of any sign.

(i)

Conduits and other electrical components must be designed as an integral part of the overall sign structure and hidden from view to the extent technically practicable. Visible transformers are prohibited.

(j)

All electrical fixtures, devices, circuits, conduits, raceways, or any apparatus used to illuminate any sign must be installed and maintained in compliance with the National Electric Code (NEC). A Nationally Recognized Testing Laboratory (NRTL) listing label number must be provided for any sign with electrical components.

Maintenance.

(1)

Signs and sign structures, together with their supports, braces, guy wires, anchors, and electrical components, must be maintained in a proper state of repair. Any damage to or deterioration of a sign must be repaired immediately or within 30 days of receipt of notice from the Town of Ulysses Code Enforcement Officer.

(2)

When an existing sign is removed, replaced, or repaired, all brackets, poles, wiring, and other supporting hardware that are no longer required must be removed, and any surfaces to which the sign may have been attached must be repaired or painted, immediately or within 30 days of receipt of notice from the Town of Ulysses Code Enforcement Officer.

(3)

Where a sign is totally or partially illegible, where sign copy has been removed, or when an establishment to which the sign pertains has been discontinued for three or more months, the sign must be repaired, reused, or removed immediately or within 30 days of receipt of notice from the Town of Ulysses Code Enforcement Officer. If the property owner fails to repair, reuse, or remove the sign within the time frame established by the Town of Ulysses Code Enforcement Officer, the sign may be removed by the Town at the property owner's expense.

(4)

If a sign is in an unsafe or non-secure condition, the sign must be repaired or removed immediately or within three days of receipt of notice from the Town of Ulysses Code Enforcement Officer. The Code Enforcement Officer may remove any sign that is an immediate peril to persons or property summarily, without notice, and at the property owner's expense.

Prohibited signs.

(1)

The below listed signs, as well as any sign type not expressly allowed by this chapter, are prohibited:

(a)

Abandoned or illegally erected signs.

(b)

Mechanically activated signs, other than barber poles and clocks.

(c)

Neon and tubular gas signs.

(d)

Light pole banners.

(e)

Freestanding signs or devices motivated by wind, thermal changes, or other environmental input, such as spinners, pennants, pinwheels, balloon signs, air-activated graphics, or other devices or displays that respond to naturally or artificially induced external motivation, except for flags erected in conformance with Subsection M, Exempt signs.

(f)

Vehicle signs, including signs on motor vehicles that are inoperable, do not display a current vehicle inspection sticker or license plate, are not principally used as a mode of transportation for business purposes, and/or are conspicuously parked or located on a lot for more than 24 hours to advertise a product or service, or to direct the public to a business or activity located on or off the premises.

(g)

Signs that are burned, cut, painted, pasted, or otherwise marked on or affixed to a tree, standpipe, fire escape, utility pole, trash receptacle, bench, or any other unapproved structure or surface.

(h)

Signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that may interfere with, mislead, or confuse pedestrian, cyclist, or vehicular traffic.

(i)

(j)

Signs exceeding allowed height or area for the zone where the sign is located.

(k)

Example images for prohibited signs:

Neon/tubular gas sign

Sign with 100% of area internally lit

Freestanding sign exceeding allowed height

Exempt signs.

(1)

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations, not exceeding six square feet.

(2)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(3)

Up to three different flags per lot, subject to the following restrictions:

(a)

The total area of all flags shall not exceed 50 square feet. The total area of an individual flag shall not exceed 24 square feet;

(b)

The flag pole shall be attached to a building;

(c)

The flag pole or other structure on which such a flag is displayed shall be treated as part of any building to which it is attached for all height computations and not as an appurtenance or a part of the sign;

[1]

No freestanding flags are allowed;

[2]

No flag bearing an explicit commercial message shall constitute an exempt flag.

(4)

On-premises directional signs for the convenience of the general public, such as identifying parking areas and fire zones, when not visible from a right-of-way.

(5)

Nonilluminated warning, private drive, posted or no trespassing signs, not exceeding two square feet.

(6)

Number and nameplates identifying residences or businesses mounted on a house, building, apartment, or mailbox, not exceeding one square foot in area.

(7)

Lawn signs identifying residences, not exceeding one square foot or two square feet if double-faced. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support.

§ 212-123 Standards for outdoor lighting.

Appropriately regulated and properly installed outdoor lighting will contribute to the safety and welfare of the residents of the Town. Principal among these concerns is:

(1)

The degradation of the nighttime visual environment by production of unsightly and dangerous glare;

(2)

Lighting practices that produce excessive glare and brightness that interferes with the health and safety of the Town of Ulysses' citizens and visitors;

(3)

Unnecessary waste of energy and resources in the production of too much light or wasted light;

(4)

Interference in the use or enjoyment of property that is not intended to be illuminated at night by light trespass, and the loss of the scenic view of the night sky due to increased sky-glow; and

(5)

The impact of inappropriately designed outdoor lighting that disrupts nocturnal animal behavior, particularly migrating birds and other species.

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.

Any lights used to illuminate the exterior of a single-family residence, two-family residence, multiple-family residence, 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:

(1)

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 900 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 900 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.

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 900 lumens or less, may be used without restriction as to light distribution or mounting height, except that if any spot or flood luminaire rated 900 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 may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.

Light trespass standard.

(1)

Site lighting fixtures shall be selected and designed with International Dark-Sky Association features to focus lighting downward without excessive illumination of the upper residential stories of buildings or of the night sky.

(2)

All light fixtures, including security lighting, shall be located, aimed and shielded so that the direct illumination from the fixture shall be confined to the property boundaries of the source.

(3)

Any privately or publicly owned outdoor light fixture with a lamp of initial output over 10,000 lumens located within 50 feet of any residential (including a multiple-family residence) property or public right-of-way shall utilize an internal or external shield, with the light fixture and shield oriented to minimize light trespass over the adjacent property or right-of way line. If an external shield is used, its surface must be painted black to minimize reflections.

Prohibited outdoor lighting. The following types of outdoor lighting are prohibited:

(1)

Outdoor floodlighting by floodlight projection above the horizontal plane.

(2)

Search lights, floodlights, laser source lights, or any similar high-intensity light, except in emergencies by police, fire, or medical personnel or at their direction; or for meteorological data gathering purposes.

(3)

Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating or strobe light illumination.

Exceptions.

(1)

Airport lighting.

(a)

Required navigational lighting systems at airports for the safe and efficient movement of aircraft during flight, takeoff, landing and taxiing is exempt from the provisions of this section. Lighting used for illumination of aircraft loading, unloading, and servicing areas is exempt from the lumens maximum although it must conform to all other requirements of this section. All other outdoor lighting at airport facilities shall comply with the provisions of this section.

(2)

Emergency lighting by emergency services.

(a)

Searchlights, floodlights, laser source lights, strobe or flashing lights, or any similar high intensity lights are permitted when used in emergencies by police, fire, medical, or utility personnel or at their direction.

(3)

Construction and renovation of municipal facilities.

(a)

All outdoor lighting used for construction or major renovation of municipal buildings, structures and facilities is exempt from the provisions of this section.

§ 212-124 Standards for buffer areas.

Visual screening/Vegetated 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 B1 — Business Zone or OTMU — Office Technology Mixed-Use Zone, such a visual barrier shall be planted or built prior to the issuance of any certificate of zoning compliance by the Zoning Officer.

Stream and wetland 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 zones 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 intermittent/impermanent and perennial/permanent streams. Impermanent or intermittent, 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/perennial 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)

No buildings or other structures, or parking areas, shall be located within 100 feet from any N.Y. State regulated wetland. No buildings or other structures, or parking areas, shall be located within 50 feet from any federally or locally designated wetland.

Area or Zone	Setback
Setback to Taughannock and Trumansburg Creeks in all Zones	100 feet
Specific Zone Setbacks	Perennial/Permanent	Intermittent/Impermanent	Wetland
General setback if not otherwise noted	50 feet	25 feet	50 feet
A/R — Agricultural	50 feet	25 feet	50 feet
A2 — Special Agricultural	100 feet from a stream or any federal, state, or local wetland
R — Residential (see § 212-41)	50 feet	50 feet	100 feet, state 50 feet, federal or local
LS — Lakeshore (see § 212-47 for details)	50 feet from any stream or lake. In UNA or steep slope overlay, setback is 75 feet	50 feet. In UNA or steep slope overlay, setback is 75 feet	50 feet for federal and local wetlands 100 feet for state wetlands
C — Conservation (see § 212-55 for details) Regulations apply to buildings, structures, paved areas, or storage of equipment	50 feet May be increased by 50%	50 feet May be increased by 50%	100 feet May be increased by 50%
RM — Multiple-Residence (see § 212-133)	Buildings, structures, or parking: >100 feet from a stream edge Roadways: > 50 feet from a stream edge		Buildings, structures, or parking: >100 feet from a wetland Roadways: > 50 feet from a wetland
MHP — Manufactured Home Parks (see § 212-132L for more details)	No manufactured home, structures, parking areas or roads within 50 feet from any stream edge		100 feet from state wetland 50 feet from any federal or local wetland
HC — Hamlet Center	50 feet from any stream edge or any wetland for any building, structure, or parking area.
HN — Hamlet Neighborhood (see § 212-81 for more details)	50 feet from any stream edge or any wetland for any building, structure, or parking area.
WH — Waterburg Hamlet	50 feet from a stream edge or any federal or locally designated wetland for any building, structure, or parking area Setback to any state wetland is 100 feet
B1 — Business (see § 212-93 for more details)	No buildings, structures, parking areas within 100 feet from any stream edge No roads within 50 feet from any stream edge
MZ — Marina	100 feet from a stream edge or wetland See § 212-101, Buffer areas, and § 212-102A(4)(c), Design standards
OTMU — Office Technology Mixed-Use (see § 212-109 for more details)	Buildings, structures, or parking: >100 feet from a stream edge or wetland
PR — Parks and Recreation	Buildings, structures, or parking: >100 feet from a stream edge or wetland or lake frontage using mean high water
DD — Development Districts	See individual districts
Design Standards — Animals (§ 212-126)	Buildings where animals are kept: >100 feet from a stream edge or wetland
Design Standards — campgrounds — seasonal, group and overnight (§ 212-127)	Campsites, buildings, tents, structures, parking: >100 feet from a stream edge or wetland Roadways: > 50 feet from a stream edge or wetland
Design Standards — extractive industry § 212-129)	Mining activities, buildings, parking, equipment or production storage areas: >100 feet from a stream edge or wetland
Design Standards — Sawmills (§ 212-136)	Buildings, structures, log- or lumber-sorting or storage yards, parking or equipment storage: > 100 feet
Design Standards — Farm operation, accessory commerce (§ 212-139)	Buildings, structures, parking: >100 feet from wetland or perennial stream. Roadways: > 50 feet from stream edge of any perennial stream or wetland

(4)

Applicability.

(a)

A 100-foot stream setback is required adjacent to Trumansburg and Taughannock Creeks. 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. Army Corps of Engineers' National Wetland Plant List (NWPL), (2016, as revised). This design includes approximately 75 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.

(b)

The Town of Ulysses requires the delineation of any applicable stream or wetland setback areas on subdivision plats, site plan applications, special permits, and variance applications, building permit applications, excavation or fill permit applications, or any Land Development Activity as defined by the Local Law for Stormwater Management and Erosion & Sediment Control.

(c)

Classification of perennial and intermittent streams will be determined by U.S. Geological Survey topographical maps or determination by a New York State Licensed Geologist or Tompkins County Soil & Water Conservation Zone. Intermittent, also known as "seasonal," streams require at least a minimum of 25 feet of setback on each side of the stream, extending from the stream bank toward the uplands. Perennial streams are required to have at least a minimum 50 feet of buffer on each side of the stream, extending from the stream bank toward the upland. Certain zones vary from these general setbacks.

(d)

Classification of wetlands will be determined by a qualified wetland delineator using the methodology contained in the U.S. Army Corps of Engineers Wetlands Delineation 1987 or latest version. A jurisdictional letter may be required by either the U.S. Army Corps of Engineers or N.Y. State Department of Environmental Conservation to confirm the wetland/upland boundaries.

(5)

Prohibited activities. The following activities are explicitly prohibited in the stream or wetland setback area.

(a)

Storage or placement of any hazardous materials, before the following setback allotment, is prohibited. All sewage systems, both drain fields and raised systems and replacement of existing wells, must adhere to a 100-foot buffer from Trumansburg and Taughannock Creeks. Any property that cannot accommodate such a buffer requires a variance.

(b)

Purposeful introduction of invasive vegetative species that reduce the persistence of local vegetation is prohibited. For a listing of invasive vegetation to avoid, refer to the Tompkins County Environmental Management Council's List of Invasive Plants of Tompkins County, New York (2018, as revised).

(c)

Waste storage and disposal including but not limited to disposal and dumping of snow and ice, recyclable materials, manure, hazardous or noxious chemicals, used automobiles or appliance structures, and other abandoned materials.

(d)

Public water supply wells must be greater than 200 feet from top of stream bank; private wells are not allowed in the stream setback area. Any property whose water supply cannot accommodate such a buffer requires a variance.

(e)

Soil disturbance by grading, stripping, mining or removal of soil, sand and gravel, and quarrying of raw materials.

(f)

Filling or dumping.

(g)

Dredging, deepening, widening, straightening or any such altercation of the beds and banks of natural streams except where the New York State Department of Environmental Conservation has issued a permit expressly allowing such activities on the parcel.

(h)

Storage or application of herbicide, pesticides, fertilizers, or other chemicals.

(i)

Parking, storage, or operation of motorized vehicles.

(6)

Variance procedures.

(a)

Variances from the above buffer and setback requirements may be granted only in accordance with the following provisions. Except as provided below, the Town of Ulysses Board of Zoning Appeals may not grant a variance from this ordinance without conducting a public hearing on the application for variance.

(b)

A variance may be granted only upon a finding that a property's shape, topography or other physical conditions prevents land development unless a variance is granted, or that strict adherence to the minimal buffer and setback requirements would create extreme hardship.

(c)

A variance request must include the following information in written documentation:

[1]

A to-scale site map with stream, wetlands, slopes and other natural features locations as determined by field survey;

[2]

Description of the topography, slopes and soil type, shape of property, natural vegetation, and other distinguishing or prohibitive physical characteristics of the property;

[3]

The locations and footprint of all existing structures and other impervious cover on a site map, with footprint for proposed structures. This map shall include the limits of all existing and proposed excavation, fill or other land development activity, both inside and outside the stream setback;

[4]

The exact area of the affected buffer and setback, and nature of proposed changes to be made to these areas shall be accurately and clearly indicated. A calculation of the total area and length of the proposed intrusion and any pre-existing intrusions shall be included;

[5]

A stormwater management plan given the proposed changes and intrusions;

[6]

Documentation of supposed hardship should the buffer be maintained;

[7]

Proposed mitigation for the intrusion.

(7)

The following matters will be considered in determining whether to issue a variance:

(a)

The shape and physical characteristics of the property;

(b)

The locations of all streams and wetlands on and/or adjacent to the property;

(c)

The location and extent of the proposed buffer or setback intrusion;

(d)

Whether alternative designs are possible which require less intrusion;

(e)

The water quality impacts of the proposed variance.

§ 212-125 Standards for adult entertainment businesses.

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.

The purpose of this section is to:

(1)

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.

Any building in which an adult entertainment business is conducted shall be located at least 200 feet from the boundary of an A/R — Agricultural Rural Zone, R — Residential Zone, RM — Multiple-Residence Zone, MHP — Manufactured Home Zone, HC — Hamlet Center Zone, HN — Hamlet Neighborhood Zone, WH — Waterburg Hamlet Zone, or B1 — Business Zone.

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.

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.

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.

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 R — Residential Zone, and CZ — Conservation Zone residential zones only if:

Animal waste shall be managed according to current best management practices to minimize odors, dust, leaching and water runoff.

No buildings where animals are kept shall be located within 100 feet from a stream edge or any wetland as defined by local, state or federal law.

All domestic livestock shall be kept on the property, and fencing shall be appropriate and adequate for the species maintained.

§ 212-127 Standards for campgrounds.

Campgrounds, seasonal.

(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)

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 100 feet of a stream edge or any wetland as defined by local, 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 local, 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.

(10)

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 60% 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.

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)

(4)

Each campsite shall be numbered and shall have a minimum width of 30 feet and a minimum depth of 50 feet.

(5)

(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 10 campsites.

(9)

(10)

(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)

Campgrounds, group.

(1)

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)

(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.

(10)

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 100 feet of a stream edge or any wetland as defined by local, 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 local, 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 accessory dwelling units.

Purpose and intent. It is the specific purpose and intent of this section to allow accessory dwelling units in the A/R, R, HN, LS, and CZ Zones to provide the opportunity for the development of small rental housing units designed, in particular, to provide market-rate affordable housing in the Town of Ulysses. Furthermore, it is the purpose and intent of this section to allow for efficient use of the Town's existing stock of dwellings in economic support of resident families and to protect and preserve property values while preserving the character and quality of life in the Town of Ulysses neighborhoods. To help achieve these and other goals consistent with the Town of Ulysses Comprehensive Plan, specific requirements are hereby set forth for accessory dwelling units and their related uses. These requirements are in addition to any other requirements for accessory dwelling units set forth elsewhere in this chapter.

Adequate water and sewerage disposal arrangements shall be provided for the accessory dwelling unit. These arrangements may include connections to such facilities of the existing principal residence or may be separate.

Any accessory dwelling unit placed on a lot shall be considered an accessory building and shall be clearly subordinate to the principal residence on the lot.

Placement of any accessory dwelling unit shall be in accordance with the lot area and yard requirements of the zoning district within which it is located.

(Reserved)

Floor area. The floor area of the accessory dwelling unit may not exceed 1,200 square feet.

No other accessory dwelling units may be located on the lot.

If the street-facing facade of the building occupied by a detached accessory dwelling unit is visible from the street line, at least 20% of the street-facing facade must have window or door openings.

§ 212-129 Standards for extractive industry.

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.

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.

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.

An analysis by the applicant shall indicate if any improvements to Town and county roads may be necessary.

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.

Except for ingress and egress roadways, no roadways within the site shall be closer than 200 feet from a property line.

No accessory buildings or structures, or equipment maintenance, parking or storage areas, shall be closer than 100 feet from any public road or highway right-of-way, or other property boundary.

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.

No mining activities, buildings, structures, parking areas, equipment or production storage areas shall be located within 100 feet from a stream or any wetland as defined by local, state or federal law.

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.

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.

Access roads into and out of the site shall meet the Town of Ulysses specifications for road base.

All ingress and egress points into the site shall be secured from unauthorized access or trespass.

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 surety.

§ 212-130 Standards for flag lots.

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 and the pole shall be no less than 100 feet in length.

In areas where agriculture is the predominant land use, in particular the A/R, and R Zones, 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.

Whenever practicable, adjoining flag lots should be platted in a manner that encourages shared driveway access points along public roads and highways.

No parcel may be subdivided into more than two flag lots as of the adoption of this Zoning chapter on 12-10-2019.

§ 212-131 Standards for public garages, gasoline sales stations and body shops.

No part of any public garage shall be used for residence or sleeping.

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 R — Residential, RM — Multiple-Residence, or MHP — Manufactured Home Zone.

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.

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 R — Residential, RM — Multiple-Residence, or MHP — Manufactured Home Zone.

The general elevation of the vehicle-servicing area shall not be raised higher than two feet from the surrounding properties.

Gasoline sales stations are limited to a maximum of four individual filling pumps in the HC — Hamlet Center Zone. A multiple pump stanchion is counted according to the number of pumps; for example, a double stanchion is counted as two pumps.

For unstaffed self-wash facilities, a security system must be installed and maintained, including a functional security camera to monitor all areas of the car wash.

Vehicle rental and sales must be located within a fully enclosed building.

Any repair and service operations must be performed within a fully enclosed building. Bay doors may be open during hours of operation.

No partially dismantled, wrecked, or unregistered vehicle or boat may be stored outdoors on the premises.

§ 212-132 Standards for manufactured home parks.

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.

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.

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.

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.

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.

A minimum of 10% of the gross park area or 1,000 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.

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.

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.

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.

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 local or federal law or 100 feet from a state wetland. 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 local, state or federal law.

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.

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.

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 Zone (see Residence, Multiple-family)

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.

All vehicular drives shall be designed and constructed with an all-weather surface material, a minimum of 20 feet wide and properly drained. If the length of the drive is more than 100 feet or serves more than four residences, then the Planning Board may, in its discretion, set further requirements.

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.

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.

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 10% 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.

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.

No parking facilities or driveways shall be located within 12 feet horizontal distance of any dwelling unit.

No buildings or other structures, or parking areas, shall be located within 100 feet horizontal distance from the stream edge of any perennial stream, or any wetland as defined by local, 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 intermittent stream, or any wetland as defined by local, 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.

Nonagricultural roadside stands shall not occupy more than 240 square feet of area.

No roadside stand shall be located within the right-of-way of any public road or highway.

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.

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.

All waste generated in the operation of the roadside stand shall be removed daily.

§ 212-136 Standards for sawmills.

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.

No storage of logs, lumber, sawdust, bark, scrap wood or equipment of any kind shall be permitted within any yard setback area.

No buildings, structures, log- or lumber-sorting or -storage yards, parking areas or equipment storage areas shall be located within 100 feet from a stream edge or any wetland as defined by local, state or federal law.

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.

In addition to all other requirements of the B1 — Business Zone, all self-service storage facilities shall:

(1)

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.

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.

There shall be at least one acre of land for every five horses or ponies kept on the premises when stabled.

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.

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 farm operation, accessory commerce.

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.

All outdoor lighting fixtures installed and utilized shall be subject to the provisions of Article XX, § 212-123.

Parking facilities shall comply with the provisions of Article XX, § 212-121.

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.

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.

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 R — Residential, RM — Multiple — Residence, or MHP — Manufactured Home Zone.

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.

No building or other structures, or parking areas, shall be located within 100 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.

Building floor area limited to 5,000 square feet.

§ 212-139.1 Standards for minor solar collection systems.

Rooftop- and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for all rooftop- and building-mounted solar collectors.

Ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements:

(1)

The location of the solar collectors meets all applicable setback requirements of the zone in which they are located. The minimum setback to an inhabited structure on an adjacent lot shall be 50 feet.

(2)

The height of the solar collectors and any mounts shall not exceed 20 feet in height when oriented at maximum tilt.

(3)

The total surface area of all solar collectors on the lot shall not exceed 2,000 square feet and, when combined with all other buildings and structures on the lot, shall not exceed the maximum lot coverage for the zoning district plus 10%.

(4)

A building permit has been obtained for the solar collectors.

(5)

The solar collectors are permitted in the side and rear yards. Solar collectors are permitted in the front yard upon determination by the Zoning Officer that the side and rear yards would provide limited solar collection. Zoning Officer reserves the right to require site plan approval for solar collectors located in the front yard.

(6)

Solar collectors and other facilities shall be designed and located in order to minimize reflective glare toward any inhabited buildings on adjacent properties and roads.

Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 212-19K of the Town Code are met, including but not limited to proposed changes to or additions of ground-mounted solar collectors where such changes or additions meet a § 212-19K threshold. Proposed changes to or additions of rooftop or building-mounted solar collectors shall not be considered in the determination of whether a site plan modification is required.

All solar collector installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards, and prior to operation the electrical connections must be inspected by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.

When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Tompkins County and other applicable laws and regulations.

§ 212-139.2 Standards for major solar collection systems.

Where applicable, and unless more restrictive regulations also apply, the requirements of § 212-139.1 of this chapter shall apply to solar collectors and installations for major systems.

A major system may be permitted in all zoning districts, except LS-Lakeshore, MD-Marina, and PR-Park/Recreation. Major systems that are part of a farm operation [as defined by NYS Agriculture and Markets Law § 301(11)] are exempt from site plan approval if the solar collection system does not exceed 110% of the anticipated electrical needs of the on-farm equipment. All major systems that are not part of a farm operation require site plan approval from the Planning Board. All major solar collection systems on or off-farm are subject to the terms and conditions listed below [items in Subsection B(1) through (7)]. Major solar collection systems impacting agricultural land should follow the most current New York State Department of Agriculture and Markets Guidelines for Agricultural Mitigation for Solar Energy Projects.

(1)

Height, setbacks, and restrictions.

(a)

The maximum height for ground-mounted solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 feet in height above the ground.

(b)

The minimum front yard, side yard and rear yard setback shall be 50 feet.

(c)

Based on site specific conditions, including topography, adjacent structures, and roadways, a landscaped buffer may be required around some or all equipment and solar collectors to protect from glare but should not result in shading solar collectors, in accordance with the standards in Subsection B(7)(b), below (Glare analysis and mitigation requirements).

(d)

Major solar collection systems shall be prohibited in Tompkins County designated unique natural areas; in wetlands as defined by state, federal or local law; and on slopes greater than 15%.

(2)

Design standards.

(a)

Removal of trees and other existing vegetation shall be minimized, and if deemed appropriate by the Planning Board, offset with planting elsewhere on the property if the proposed vegetation does not shade solar collectors.

(b)

Roadways within the site shall be constructed of materials appropriate to the site, permeable materials are encouraged, and shall be designed to minimize the extent of roadways constructed and soil compaction.

(c)

All on-site utility and transmission lines shall, to the extent practicable, be placed underground.

(d)

Solar collectors and other facilities shall be designed and located in order to minimize reflective glare toward any inhabited buildings on adjacent properties and roads, in accordance with the glare analysis and mitigation requirements [see Subsection B(7)(b) below].

(e)

All electrical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscape screening.

(f)

A major solar collection system to be connected to the utility grid shall provide documentation from the utility company acknowledging the major solar collection system will be interconnected to the utility grid.

(g)

Impermeable surfaces, such as concrete footers, shall be kept to a minimum as consistent with site requirements, in order to minimize water runoff and to aid in decommissioning so that the site can be reverted back for agriculture and other uses.

(3)

Signs.

(a)

A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list at a minimum the facility name, owner, and facility operator's phone number.

(b)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(c)

Solar collection systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer and operator of the system.

(4)

Areas of potential sensitivity shall be shown on site plans and shall be given special consideration by the Planning Board at site plan review; those areas consist of the following:

(a)

100-year flood hazard zones considered an A or AE Zone on the FEMA Flood Maps.

(b)

Historic and/or culturally significant resources in an historic district or historic district transition zone.

(c)

Within 100 feet landward of a freshwater wetland.

(d)

Adjacent to, or within, the control zone of any airport.

(e)

State-owned lands.

(f)

Unique natural areas.

(g)

Properties with conservation easements or owned by a land conservation organization.

(h)

Public trails, including the Black Diamond Trail.

(i)

Prime soils and soils of statewide importance, as defined by United States Department of Agriculture.

(j)

Town of Ulysses Natural Resources Inventory.

(5)

Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing solar collection system maintenance, property upkeep, and management of underlying vegetation.

(a)

The project sponsor shall monitor the project site and remediate as necessary for a period of no less than 365 days following the date upon which the project begins commercial operation. The monitoring and remediation phase is used to identify any remaining impacts associated with construction that are in need of mitigation and to implement the follow-up restoration.

(6)

Abandonment.

(a)

All applications for a major solar collection system shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility, prior to issuance of a building permit.

(b)

In the event the facility is not completed and functioning within 18 months of the issuance of the final site plan approval, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fail to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.

(c)

The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:

[1]

Removal of aboveground and below-ground equipment, structures and foundations.

[2]

Restoration of the surface grade and soil after removal of equipment.

[3]

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

[4]

The plan shall include a time frame for the completion of site restoration work.

(d)

Upon cessation of activity of a constructed facility for a period of one year, the owner and/or operator shall implement the decommissioning plan.

(e)

If the owner and/or operator fails to fully implement the decommissioning plan within the 180-day period after the cessation of activity, the Town may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan, following the procedure outlined in § 212-4.

(7)

Glare analysis and mitigation requirements.

(a)

For all major solar collection systems (i.e., ground-mounted arrays with a total surface area of solar panels greater than 2,000 square feet) glare from the facility must be evaluated for each minute of the year using Forge Solar Glare Analysis Tool or another equivalent tool authorized for use by the FAA in analyses of solar facilities proposed near federally regulated airports (hereafter referred to as "the tool"). The glare must be evaluated for all potentially affected occupied buildings around the facility as well as for all public roads.

(b)

If any of the limits set forth in the requirements of Subsection B(7)(d)[3] and [4] below are exceeded, then a mitigation plan must be prepared by the applicant and approved by the Planning Board as part of the application. This plan must demonstrate with a reasonable assurance that the facility will meet the limits following completion of the mitigation plan.

[1]

Nonvegetative means of mitigation such as adjustments to the siting, height, or orientation of the facility are recommended and, where possible, would be the preferable solution.

[2]

In the event that vegetative mitigation is to be used, the developers should demonstrate through language in the lease or other similar agreement that the developer or other relevant party has the legal rights to maintain the vegetation throughout the operational life of the facility. In addition, the selection of plantings should be done consistent with the recommendations of an International Society of Arboriculture (ISA) certified arborist or the equivalent.

(c)

At no site may glare (as evaluated by the tool) have an intensity and angular extent that exceeds 4% of the limit for eye damage as set forth in the solar glare ocular hazard plot for any one-minute interval at any time during the year.

(d)

Glare from the facility (as evaluated by the tool) shall not exceed the following limits at any potentially affected occupied buildings or public roads:

[1]

Glare must not be visible for a total of more than 2% of the year.

[2]

No individual day during the year should have glare visible for more than two hours.

[3]

The average intensity and angular extent of the glare must not exceed 2% of the limit for eye damage as set forth in the solar glare ocular hazard plot.

[4]

Landowners entering into a lease agreement to host the solar system under consideration on their land may authorize exceeding any of the limits in Subsection B(7)(d)[1], above for any properties they own by submitting a notarized waiver form to the Town Planning Board to be kept on file with the application. Roads and properties owned by other entities must still meet all limits set forth in Subsection B(7)(d)[1], [2] and [3].

(e)

Following all relevant electrical and other inspections, within 20 business days of the interconnection of the facility to the utility system the developer will conduct (or contract with a third-party if they lack the in-house abilities) a final assessment of the facility as built. This assessment will verify the height of the facility above grade, the setbacks from roadways, property lines and other relevant boundaries, and the distance to the nearest off-site, occupied neighboring structure. The assessment must be submitted to the Town of Ulysses Zoning Officer upon completion.

[1]

If any of these properties differs by more than 20% from that proposed, a new glare analysis is required to be conducted within 20 business days of the as-built assessment of the facility.

[2]

If any of the limits set forth in the requirements in Subsection B(7)(d)[3] or [4] above are exceeded in the new analysis, then a mitigation plan must be submitted for approval to the Planning Board within 60 business days of the as-built assessment of the facility.

§ 212-139.3 Animal waste storage facility.

The Town of Ulysses recognizes that livestock farm operations over a certain size produce animal waste from manure, agricultural by-products, and contaminated runoff that must be stored short- or long-term and provide the agricultural operation management flexibility for waste utilization. Proper planning and construction of farm-related animal waste storage facilities is essential for ensures the continued protection of groundwater and surface water and waterways, air resources and public health within the Town.

Regulations for animal waste storage facility.

(1)

Animal waste storage facilities shall be allowed only on a viable farm operation as defined by NYS Department of Agriculture and Markets Law (AML). The regulations listed herein apply only to livestock farms that are required by the NYS DEC to obtain a concentrated animal feeding operation (CAFO) general permit and/or to a farm receiving federal cost-share funds. Parcels of owned or rented land in the Town of Ulysses can be part of a farm operation in another town or county, as per AML.

(2)

Animal waste storage facilities shall obtain a building permit prior to being constructed and operated. Design plans shall be submitted with every building permit application for an animal waste storage facility. All plans for animal waste storage facilities shall be designed by and stamped with the seal of a New York State licensed design professional.

(3)

Animal waste storage facilities shall be designed, constructed, and maintained in accordance with all applicable USDA Natural Resources Conservation Service (NRCS) Practice Standards. The Zoning Officer will submit the proposal to Tompkins County Soil & Water Conservation Zone or NRCS for review and comment in order to assist the Planning Board in considering the potential impacts posed by such a facility upon surrounding land uses prior to taking final action.

Site requirements. All animal waste storage facilities shall be installed, operated and maintained pursuant to the following conditions:

(1)

Animal waste storage facilities shall be placed a minimum of 500 feet from a road right-of-way, but shall not be set closer to the right-of-way than the nearest permanent structure being served.

(2)

Animal waste storage facilities shall be placed a minimum of 100 feet from a lot line.

(3)

Animal waste storage facilities shall be placed a minimum of 1,000 feet from any existing residential or nonagricultural building that is not part of the farm operation.

(4)

Animal waste storage facilities shall be placed a minimum of 500 feet from any existing well, watercourse, stream, or waterbody, and any existing well that is not part of the farm operation.

Permit application requirements. All applications for animal waste storage facilities shall comply with the following:

(1)

A completed permit application shall be submitted to the Code Enforcement Officer or Zoning Officer.

(2)

A site map and plan view of the system layout shall be provided at the time of application which shows the location of the proposed animal waste storage facilities and distances to all buildings, property lines, water courses, water bodies, wetlands and existing wells.

(3)

Engineering plans shall also include at a minimum the following, in accordance with the NRCS Practice Standard 313, Plans and Specifications and Operations and Maintenance (New York, 2018):

(a)

A geologic investigation report including evaluation of aquifers in the area and listing of floodplain designation.

(b)

Pertinent elevations of the facility.

(c)

Structural details of all components, including reinforcing steel, type of materials, thickness, anchoring requirements, lift thickness.

(d)

Locations, sizes, and type of pipelines and appurtenances.

(e)

Operational and emergency design storage volumes.

(f)

Requirements for foundation and preparation and treatment.

(g)

Vegetative requirements.

(h)

Material quantities and specifications.

(i)

Approximate location of utilities and notification requirements.

(j)

Safety features.

(k)

Construction inspection plan.

(l)

Operation and maintenance plan.

(4)

Facility design plans for animal waste storage facilities shall either:

(a)

Explicitly address items listed in the NRCS Practice Standard 313 under: Considerations for Siting and Minimizing the Potential for and Impacts of Sudden Breach of Embankment or Accidental Release from the Waste Storage Facility, Sensitive Environmental Settings, and Potential Impact Categories for Liner Failure, with regard to recommendations for storage structure design and additional safety measures as applicable; or

(b)

Provide documentation from a licensed engineer that the proposed plan alternatives are equally protective of the groundwater and surface water resources of Town of Ulysses.

(5)

Covers, roofs, or other emission mitigation management should be included in the design of animal waste storage facilities to reduce the public health issues associated with emissions of ammonia, hydrogen sulfide, volatile organic compounds, greenhouse gases, particulate matter, and odors impacting nearby residences, as well as the delivery of excess nutrient pollution to watercourses, streams, groundwater, and Cayuga Lake.

§ 212-139.4 Confined or concentrated animal feeding operation (CAFO).

Purpose. The Town of Ulysses recognizes that confined animal feeding operations pose a high potential risk to the environmental health and safety of communities in which they are located, particularly in relation to manure spills and disposal, transmission of airborne pathogens, exposure to air and water contaminants, and improper disposal of deceased animals,

Required filing. For any CAFO operating in the Town of Ulysses or for any CAFO subject to the regulations of the State of New York that is spreading manure in the Town of Ulysses, the owner and/or operator of such CAFO must file copies of State of Pollutant Discharge Elimination System (SPDES) documentation, including the comprehensive nutrient management plan and all associated or required reports, with the Town Clerk within five business days of submission to the New York State Department of Environmental Conservation. Changes in SPDES permit status must be reported to the Town Clerk within five business days of submission to the New York State Department of Environmental Conservation. Change of operation forms shall be delivered to the Town Clerk within 10 days of issuance.

Site requirements. All CAFO facilities shall be installed, maintained, and operated pursuant to the following conditions:

(1)

Any building housing animals in a CAFO facility shall be placed a minimum of 500 feet from a road right-of-way.

(2)

Any buildings housing animals in a CAFO facility shall be placed a minimum of 100 feet from a lot line, and a minimum of 1,500 feet from any existing residential or nonagricultural building that is not part of the farm operation.

(3)

Any buildings housing animals in a CAFO facility shall be placed a minimum of 1,000 feet from any watercourse, stream or waterbody, and from any exiting well that is not part of the farm operation.

§ 212-139.5 Standards for elder cottage housing.

The following standards shall apply to elder cottage housing:

Elder cottage housing may be permitted as an accessory use only after the property owner applies for and obtains an elder cottage housing permit from the Department of Zoning and Code Enforcement. All elder Cottage Housing permits expire one year from the date of issuance but may be renewed pending a review of the permit and an inspection from the code enforcement or zoning officer. All standards for elder cottage housing must be complied with for the issuance or renewal of an elder cottage housing permit.

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.

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.

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.

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.

Any elder cottage placed on a lot shall be considered an accessory structure building and shall be clearly subordinate to the principal residence on the lot.

Placement of any accessory dwelling unit elder cottage shall be in accordance with the lot area and yard requirements of the zoning district within which it is located.

No elder cottage shall exceed one story in height.

The elder cottage shall be removed from the property within 120 days of being vacated by the occupant or occupants, and the location shall be restored to its prior state.

Ulysses Town City Zoning Code

ARTICLE XX

Design Standards

§ 212-119 Purpose.

§ 212-120 Environmental performance standards.

Noise.

(1)

All events issued permits and recognized public celebrations are excluded from the noise restrictions of this chapter.

(2)

(3)

(4)

§ 212-121 Standards for parking in all zoning zones.

Purpose. The design objective for the access, parking, and circulation standards is to:

(1)

(2)

Ensure the appropriate site location and design features that mitigate the impact of parking lots on other land uses and design goals for surrounding zones;

(3)

Create the least visible impact of parking on adjacent private and public property; and

(4)

Promote parking designs that minimize runoff and incorporate infiltration of stormwater into the ground.

Loading areas.

(1)

In R, HN, and HC Zones, no loading berth may be located on a front facade, and no loading area may be located in a front yard.

(2)

(3)

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)

(3)

(4)

(5)

All parking areas are to be maintained in a well-kept condition.

(6)

Permeable pavement shall should be used when possible to reduce stormwater runoff.

Pedestrian design standards.

(1)

(2)

Pedestrian facilities must be provided between rows of parking spaces.

Landscape plan.

(1)

(2)

At least 10% of the interior of the parking lot, calculated as the total surface area of all parking spaces, drive aisles, and interior landscape, must be landscaped.

(3)

Where any parking lot is located along, within 50 feet of, and visible from a public right-of-way, the parking lot must be screened by a vegetated buffer, per § 212-124.

(4)

(5)

Where any parking lot is larger than nine spaces the parking lot must be screened by a vegetated buffer yard, designed per § 212-124.

§ 212-122 Standards for signs.

General.

(1)

No sign or other outdoor devices for the purpose of advertising of any kind may be erected or established in the Town of Ulysses except in conformance with the standards in this section.

(2)

(3)

All new, reconstructed, altered, or relocated signs must comply with the standards of this section.

(4)

Temporary signs are allowed for a maximum of 30 days per occurrence, up to a maximum of 180 days per calendar year.

(5)

(6)

(7)

No sign, other than signs placed by agencies of government with appropriate jurisdiction, or a sign whose placement is authorized by such agencies, may be erected or placed on public property.

(8)

The provisions of this section do not apply to safety signs, street signs, historical markers or highway directional signs erected by municipal or public agencies.

(9)

All temporary signs must be nonilluminated. Allowed permanent signs may be nonilluminated, or illuminated by internal light fixtures or external indirect illumination, unless otherwise specified.

(10)

No sign shall be placed on the roof of any structure or building.

(11)

Off-premises signs are prohibited on the Cayuga Lake Scenic Byway, New York Route 89.

(12)

Signs may not contain mirrors.

(13)

Signs may not contain day-glow or fluorescent paint.

Sign illumination and internally illuminated signs.

(1)

Sign lighting fixtures must be selected and designed with International Dark Sky Association features to focus lighting downward.

(2)

In this section the term "illuminated sign" applies to both signs that are illuminated by external and internal illumination.

(3)

No light shall be cast upward beyond a horizontal plane level with the light source, or onto any adjoining property.

(4)

(5)

(6)

(7)

External illumination.

(a)

An externally illuminated sign is characterized by the use of artificial light reflecting off its surface.

(b)

External light sources intended to illuminate the sign face must be fully shielded, direct light only in a downward manner, and placed close to, and directed upon, the sign face.

(c)

Externally illuminated signs must be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.

(8)

Internal illumination.

(a)

An internally illuminated sign is characterized by the use of artificial light projecting through its surface.

(b)

Internal illumination is permitted only as white or off-white graphics on an opaque dark-colored background or as white or off-white halo lighting,

(c)

(9)

(10)

Sign measurement.

(1)

Sign area. Sign area is measured as the total area of a sign, as follows:

(a)

(b)

(c)

(d)

(e)

(2)

(3)

Vertical clearance. For signs attached to a structure, vertical clearance is measured as the vertical distance from the sidewalk or nearest ground level to the lowest point of the sign.

Off-premises signs.

(1)

All off-premises signs are limited to 12 square feet per face.

(2)

No off-premises/advertising signs may exceed six feet in height, including support, as measured from the ground below the sign.

(3)

Only two sign faces shall be permitted on any one structure or support.

(4)

No illumination is permitted, either located on or directed toward the off-premises sign.

(5)

No off-premises sign may be located nearer than 300 feet to another off-premises sign.

(6)

All off-premises sign applications are subject to Site Plan Review, § 212-19.

(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)

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;

(4)

For all other uses, one freestanding sign and one sign on a building facade, each not to exceed 20 square feet in area. Freestanding signs must not exceed a height of six feet;

(5)

On-premises temporary signs provided such sign area does not exceed a total 12 square feet in area. Freestanding signs must not exceed a height of six feet.

Signs in the B1 Zone and OTMU Zone. In B1 — Business Zone and OTMU — Office Technology Mixed-Use Zone, the following signs are permitted:

(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)

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.

(4)

(5)

For retail businesses in a shopping center, no more than one sign, not to exceed 40 square feet if attached to a building facade.

(6)

(7)

(8)

(9)

(10)

For all other 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.

Signs in the HC Zone. In the HC — Hamlet Center Zone the following signs are permitted:

(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)

(4)

(5)

A maximum of one porch sign is permitted per establishment per right-of-way frontage, and is limited to eight square feet in sign area.

(6)

A maximum of one wall sign is permitted per establishment per right-of-way frontage, and is limited to 80% of the facade width and projection from wall is limited to two feet.

(a)

(7)

Window signs that cover less than 10% of the window area.

Public safety.

(1)

No direct or reflected light from the primary light source of a sign may create hazards for pedestrians, cyclists, or operators of motor vehicles.

(2)

(3)

Colored light must not be used at a location or in a manner so as to be confused with or construed as traffic control devices.

(4)

Blinking, flashing, fluttering, strobe-light effects, and streaming video are prohibited.

Construction.

(1)

All signs must be erected in compliance with building, electrical, and fire codes, and with the following requirements as applicable:

(a)

Supports and braces must be designed as an integral part of the overall sign structure and hidden from public view to the extent technically practicable.

(b)

All signs attached to a building must be installed and maintained so that wall penetrations are watertight and do not exceed allowable stresses of supporting materials.

(c)

When a building-mounted sign is removed, the wall must be repaired and restored to its original condition prior to sign installation.

(d)

All signs and their supporting structures must be enclosed so as to prevent inhabitation by birds, rodents, insects, and other wildlife.

(e)

All signs must be designed and constructed to withstand wind loads, dead loads, and snow loads as required by the New York State Fire Prevention and Building Code.

(f)

(g)

Signs constructed of fabric or fabric-like material must be held taut within frames.

(h)

Audio components are prohibited as part of any sign.

(i)

(j)

Maintenance.

(1)

(2)

(3)

(4)

Prohibited signs.

(1)

The below listed signs, as well as any sign type not expressly allowed by this chapter, are prohibited:

(a)

Abandoned or illegally erected signs.

(b)

Mechanically activated signs, other than barber poles and clocks.

(c)

Neon and tubular gas signs.

(d)

Light pole banners.

(e)

(f)

(g)

Signs that are burned, cut, painted, pasted, or otherwise marked on or affixed to a tree, standpipe, fire escape, utility pole, trash receptacle, bench, or any other unapproved structure or surface.

(h)

(i)

(j)

Signs exceeding allowed height or area for the zone where the sign is located.

(k)

Example images for prohibited signs:

Neon/tubular gas sign

Sign with 100% of area internally lit

Freestanding sign exceeding allowed height

Exempt signs.

(1)

(2)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(3)

Up to three different flags per lot, subject to the following restrictions:

(a)

The total area of all flags shall not exceed 50 square feet. The total area of an individual flag shall not exceed 24 square feet;

(b)

The flag pole shall be attached to a building;

(c)

[1]

No freestanding flags are allowed;

[2]

No flag bearing an explicit commercial message shall constitute an exempt flag.

(4)

On-premises directional signs for the convenience of the general public, such as identifying parking areas and fire zones, when not visible from a right-of-way.

(5)

Nonilluminated warning, private drive, posted or no trespassing signs, not exceeding two square feet.

(6)

Number and nameplates identifying residences or businesses mounted on a house, building, apartment, or mailbox, not exceeding one square foot in area.

(7)

§ 212-123 Standards for outdoor lighting.

Appropriately regulated and properly installed outdoor lighting will contribute to the safety and welfare of the residents of the Town. Principal among these concerns is:

(1)

The degradation of the nighttime visual environment by production of unsightly and dangerous glare;

(2)

Lighting practices that produce excessive glare and brightness that interferes with the health and safety of the Town of Ulysses' citizens and visitors;

(3)

Unnecessary waste of energy and resources in the production of too much light or wasted light;

(4)

Interference in the use or enjoyment of property that is not intended to be illuminated at night by light trespass, and the loss of the scenic view of the night sky due to increased sky-glow; and

(5)

The impact of inappropriately designed outdoor lighting that disrupts nocturnal animal behavior, particularly migrating birds and other species.

(1)

(2)

(3)

The maximum height of the luminaire may not exceed 25 feet.

Exceptions to the above shall be:

(1)

(2)

Luminaires used for public roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.

Light trespass standard.

(1)

(2)

All light fixtures, including security lighting, shall be located, aimed and shielded so that the direct illumination from the fixture shall be confined to the property boundaries of the source.

(3)

Prohibited outdoor lighting. The following types of outdoor lighting are prohibited:

(1)

Outdoor floodlighting by floodlight projection above the horizontal plane.

(2)

(3)

Exceptions.

(1)

Airport lighting.

(a)

(2)

Emergency lighting by emergency services.

(a)

(3)

Construction and renovation of municipal facilities.

(a)

All outdoor lighting used for construction or major renovation of municipal buildings, structures and facilities is exempt from the provisions of this section.

§ 212-124 Standards for buffer areas.

Visual screening/Vegetated buffer.

(1)

(2)

(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)

Stream and wetland protection setback.

(1)

(2)

(3)

Area or Zone	Setback
Setback to Taughannock and Trumansburg Creeks in all Zones	100 feet
Specific Zone Setbacks	Perennial/Permanent	Intermittent/Impermanent	Wetland
General setback if not otherwise noted	50 feet	25 feet	50 feet
A/R — Agricultural	50 feet	25 feet	50 feet
A2 — Special Agricultural	100 feet from a stream or any federal, state, or local wetland
R — Residential (see § 212-41)	50 feet	50 feet	100 feet, state 50 feet, federal or local
LS — Lakeshore (see § 212-47 for details)	50 feet from any stream or lake. In UNA or steep slope overlay, setback is 75 feet	50 feet. In UNA or steep slope overlay, setback is 75 feet	50 feet for federal and local wetlands 100 feet for state wetlands
C — Conservation (see § 212-55 for details) Regulations apply to buildings, structures, paved areas, or storage of equipment	50 feet May be increased by 50%	50 feet May be increased by 50%	100 feet May be increased by 50%
RM — Multiple-Residence (see § 212-133)	Buildings, structures, or parking: >100 feet from a stream edge Roadways: > 50 feet from a stream edge		Buildings, structures, or parking: >100 feet from a wetland Roadways: > 50 feet from a wetland
MHP — Manufactured Home Parks (see § 212-132L for more details)	No manufactured home, structures, parking areas or roads within 50 feet from any stream edge		100 feet from state wetland 50 feet from any federal or local wetland
HC — Hamlet Center	50 feet from any stream edge or any wetland for any building, structure, or parking area.
HN — Hamlet Neighborhood (see § 212-81 for more details)	50 feet from any stream edge or any wetland for any building, structure, or parking area.
WH — Waterburg Hamlet	50 feet from a stream edge or any federal or locally designated wetland for any building, structure, or parking area Setback to any state wetland is 100 feet
B1 — Business (see § 212-93 for more details)	No buildings, structures, parking areas within 100 feet from any stream edge No roads within 50 feet from any stream edge
MZ — Marina	100 feet from a stream edge or wetland See § 212-101, Buffer areas, and § 212-102A(4)(c), Design standards
OTMU — Office Technology Mixed-Use (see § 212-109 for more details)	Buildings, structures, or parking: >100 feet from a stream edge or wetland
PR — Parks and Recreation	Buildings, structures, or parking: >100 feet from a stream edge or wetland or lake frontage using mean high water
DD — Development Districts	See individual districts
Design Standards — Animals (§ 212-126)	Buildings where animals are kept: >100 feet from a stream edge or wetland
Design Standards — campgrounds — seasonal, group and overnight (§ 212-127)	Campsites, buildings, tents, structures, parking: >100 feet from a stream edge or wetland Roadways: > 50 feet from a stream edge or wetland
Design Standards — extractive industry § 212-129)	Mining activities, buildings, parking, equipment or production storage areas: >100 feet from a stream edge or wetland
Design Standards — Sawmills (§ 212-136)	Buildings, structures, log- or lumber-sorting or storage yards, parking or equipment storage: > 100 feet
Design Standards — Farm operation, accessory commerce (§ 212-139)	Buildings, structures, parking: >100 feet from wetland or perennial stream. Roadways: > 50 feet from stream edge of any perennial stream or wetland

(4)

Applicability.

(a)

(b)

(c)

(d)

(5)

Prohibited activities. The following activities are explicitly prohibited in the stream or wetland setback area.

(a)

(b)

(c)

(d)

(e)

Soil disturbance by grading, stripping, mining or removal of soil, sand and gravel, and quarrying of raw materials.

(f)

Filling or dumping.

(g)

(h)

Storage or application of herbicide, pesticides, fertilizers, or other chemicals.

(i)

Parking, storage, or operation of motorized vehicles.

(6)

Variance procedures.

(a)

(b)

(c)

A variance request must include the following information in written documentation:

[1]

A to-scale site map with stream, wetlands, slopes and other natural features locations as determined by field survey;

[2]

Description of the topography, slopes and soil type, shape of property, natural vegetation, and other distinguishing or prohibitive physical characteristics of the property;

[3]

[4]

[5]

A stormwater management plan given the proposed changes and intrusions;

[6]

Documentation of supposed hardship should the buffer be maintained;

[7]

Proposed mitigation for the intrusion.

(7)

The following matters will be considered in determining whether to issue a variance:

(a)

The shape and physical characteristics of the property;

(b)

The locations of all streams and wetlands on and/or adjacent to the property;

(c)

The location and extent of the proposed buffer or setback intrusion;

(d)

Whether alternative designs are possible which require less intrusion;

(e)

The water quality impacts of the proposed variance.

§ 212-125 Standards for adult entertainment businesses.

The purpose of this section is to:

(1)

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.

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 R — Residential Zone, and CZ — Conservation Zone residential zones only if:

Animal waste shall be managed according to current best management practices to minimize odors, dust, leaching and water runoff.

No buildings where animals are kept shall be located within 100 feet from a stream edge or any wetland as defined by local, state or federal law.

All domestic livestock shall be kept on the property, and fencing shall be appropriate and adequate for the species maintained.

§ 212-127 Standards for campgrounds.

Campgrounds, seasonal.

(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)

(4)

(5)

Each campsite shall be numbered and shall have a minimum width of 30 feet and a minimum depth of 50 feet.

(6)

(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.

(10)

(11)

(12)

(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)

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)

(4)

Each campsite shall be numbered and shall have a minimum width of 30 feet and a minimum depth of 50 feet.

(5)

(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 10 campsites.

(9)

(10)

(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)

Campgrounds, group.

(1)

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)

(9)

(10)

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)

(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)

§ 212-128 Standards for accessory dwelling units.

Any accessory dwelling unit placed on a lot shall be considered an accessory building and shall be clearly subordinate to the principal residence on the lot.

Placement of any accessory dwelling unit shall be in accordance with the lot area and yard requirements of the zoning district within which it is located.

(Reserved)

Floor area. The floor area of the accessory dwelling unit may not exceed 1,200 square feet.

No other accessory dwelling units may be located on the lot.

If the street-facing facade of the building occupied by a detached accessory dwelling unit is visible from the street line, at least 20% of the street-facing facade must have window or door openings.

§ 212-129 Standards for extractive industry.

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)

(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)

(7)

Any other information deemed reasonable and necessary by the Planning Board in its consideration of site plan approval.

An analysis by the applicant shall indicate if any improvements to Town and county roads may be necessary.

Except for ingress and egress roadways, no roadways within the site shall be closer than 200 feet from a property line.

No accessory buildings or structures, or equipment maintenance, parking or storage areas, shall be closer than 100 feet from any public road or highway right-of-way, or other property boundary.

Access roads into and out of the site shall meet the Town of Ulysses specifications for road base.

All ingress and egress points into the site shall be secured from unauthorized access or trespass.

§ 212-130 Standards for flag lots.

Whenever practicable, adjoining flag lots should be platted in a manner that encourages shared driveway access points along public roads and highways.

No parcel may be subdivided into more than two flag lots as of the adoption of this Zoning chapter on 12-10-2019.

§ 212-131 Standards for public garages, gasoline sales stations and body shops.

No part of any public garage shall be used for residence or sleeping.

The general elevation of the vehicle-servicing area shall not be raised higher than two feet from the surrounding properties.

For unstaffed self-wash facilities, a security system must be installed and maintained, including a functional security camera to monitor all areas of the car wash.

Vehicle rental and sales must be located within a fully enclosed building.

Any repair and service operations must be performed within a fully enclosed building. Bay doors may be open during hours of operation.

No partially dismantled, wrecked, or unregistered vehicle or boat may be stored outdoors on the premises.

§ 212-132 Standards for manufactured home parks.

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.

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.

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.

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.

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.

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 Zone (see Residence, Multiple-family)

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.

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.

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.

No parking facilities or driveways shall be located within 12 feet horizontal distance of any dwelling unit.

§ 212-134 Standards for residential swimming pools.

§ 212-135 Standards for roadside stands.

Nonagricultural roadside stands shall not occupy more than 240 square feet of area.

No roadside stand shall be located within the right-of-way of any public road or highway.

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.

All waste generated in the operation of the roadside stand shall be removed daily.

§ 212-136 Standards for sawmills.

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.

No storage of logs, lumber, sawdust, bark, scrap wood or equipment of any kind shall be permitted within any yard setback area.

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.

In addition to all other requirements of the B1 — Business Zone, all self-service storage facilities shall:

(1)

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.

§ 212-138 Standards for commercial stables.

There shall be at least one acre of land for every five horses or ponies kept on the premises when stabled.

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.

§ 212-139 Standards for farm operation, accessory commerce.

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.

All outdoor lighting fixtures installed and utilized shall be subject to the provisions of Article XX, § 212-123.

Parking facilities shall comply with the provisions of Article XX, § 212-121.

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.

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.

Building floor area limited to 5,000 square feet.

§ 212-139.1 Standards for minor solar collection systems.

Rooftop- and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for all rooftop- and building-mounted solar collectors.

Ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements:

(1)

(2)

The height of the solar collectors and any mounts shall not exceed 20 feet in height when oriented at maximum tilt.

(3)

(4)

A building permit has been obtained for the solar collectors.

(5)

(6)

Solar collectors and other facilities shall be designed and located in order to minimize reflective glare toward any inhabited buildings on adjacent properties and roads.

§ 212-139.2 Standards for major solar collection systems.

Where applicable, and unless more restrictive regulations also apply, the requirements of § 212-139.1 of this chapter shall apply to solar collectors and installations for major systems.

(1)

Height, setbacks, and restrictions.

(a)

The maximum height for ground-mounted solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 feet in height above the ground.

(b)

The minimum front yard, side yard and rear yard setback shall be 50 feet.

(c)

(d)

Major solar collection systems shall be prohibited in Tompkins County designated unique natural areas; in wetlands as defined by state, federal or local law; and on slopes greater than 15%.

(2)

Design standards.

(a)

(b)

(c)

All on-site utility and transmission lines shall, to the extent practicable, be placed underground.

(d)

(e)

All electrical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscape screening.

(f)

(g)

(3)

Signs.

(a)

A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list at a minimum the facility name, owner, and facility operator's phone number.

(b)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(c)

Solar collection systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer and operator of the system.

(4)

Areas of potential sensitivity shall be shown on site plans and shall be given special consideration by the Planning Board at site plan review; those areas consist of the following:

(a)

100-year flood hazard zones considered an A or AE Zone on the FEMA Flood Maps.

(b)

Historic and/or culturally significant resources in an historic district or historic district transition zone.

(c)

Within 100 feet landward of a freshwater wetland.

(d)

Adjacent to, or within, the control zone of any airport.

(e)

State-owned lands.

(f)

Unique natural areas.

(g)

Properties with conservation easements or owned by a land conservation organization.

(h)

Public trails, including the Black Diamond Trail.

(i)

Prime soils and soils of statewide importance, as defined by United States Department of Agriculture.

(j)

Town of Ulysses Natural Resources Inventory.

(5)

(a)

(6)

Abandonment.

(a)

(b)

(c)

The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:

[1]

Removal of aboveground and below-ground equipment, structures and foundations.

[2]

Restoration of the surface grade and soil after removal of equipment.

[3]

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

[4]

The plan shall include a time frame for the completion of site restoration work.

(d)

Upon cessation of activity of a constructed facility for a period of one year, the owner and/or operator shall implement the decommissioning plan.

(e)

(7)

Glare analysis and mitigation requirements.

(a)

(b)

[1]

Nonvegetative means of mitigation such as adjustments to the siting, height, or orientation of the facility are recommended and, where possible, would be the preferable solution.

[2]

(c)

(d)

Glare from the facility (as evaluated by the tool) shall not exceed the following limits at any potentially affected occupied buildings or public roads:

[1]

Glare must not be visible for a total of more than 2% of the year.

[2]

No individual day during the year should have glare visible for more than two hours.

[3]

The average intensity and angular extent of the glare must not exceed 2% of the limit for eye damage as set forth in the solar glare ocular hazard plot.

[4]

(e)

[1]

If any of these properties differs by more than 20% from that proposed, a new glare analysis is required to be conducted within 20 business days of the as-built assessment of the facility.

[2]

§ 212-139.3 Animal waste storage facility.

Regulations for animal waste storage facility.

(1)

(2)

(3)

Site requirements. All animal waste storage facilities shall be installed, operated and maintained pursuant to the following conditions:

(1)

Animal waste storage facilities shall be placed a minimum of 500 feet from a road right-of-way, but shall not be set closer to the right-of-way than the nearest permanent structure being served.

(2)

Animal waste storage facilities shall be placed a minimum of 100 feet from a lot line.

(3)

Animal waste storage facilities shall be placed a minimum of 1,000 feet from any existing residential or nonagricultural building that is not part of the farm operation.

(4)

Animal waste storage facilities shall be placed a minimum of 500 feet from any existing well, watercourse, stream, or waterbody, and any existing well that is not part of the farm operation.

Permit application requirements. All applications for animal waste storage facilities shall comply with the following:

(1)

A completed permit application shall be submitted to the Code Enforcement Officer or Zoning Officer.

(2)

(3)

Engineering plans shall also include at a minimum the following, in accordance with the NRCS Practice Standard 313, Plans and Specifications and Operations and Maintenance (New York, 2018):

(a)

A geologic investigation report including evaluation of aquifers in the area and listing of floodplain designation.

(b)

Pertinent elevations of the facility.

(c)

Structural details of all components, including reinforcing steel, type of materials, thickness, anchoring requirements, lift thickness.

(d)

Locations, sizes, and type of pipelines and appurtenances.

(e)

Operational and emergency design storage volumes.

(f)

Requirements for foundation and preparation and treatment.

(g)

Vegetative requirements.

(h)

Material quantities and specifications.

(i)

Approximate location of utilities and notification requirements.

(j)

Safety features.

(k)

Construction inspection plan.

(l)

Operation and maintenance plan.

(4)

Facility design plans for animal waste storage facilities shall either:

(a)

(b)

Provide documentation from a licensed engineer that the proposed plan alternatives are equally protective of the groundwater and surface water resources of Town of Ulysses.

(5)

§ 212-139.4 Confined or concentrated animal feeding operation (CAFO).

Site requirements. All CAFO facilities shall be installed, maintained, and operated pursuant to the following conditions:

(1)

Any building housing animals in a CAFO facility shall be placed a minimum of 500 feet from a road right-of-way.

(2)

(3)

Any buildings housing animals in a CAFO facility shall be placed a minimum of 1,000 feet from any watercourse, stream or waterbody, and from any exiting well that is not part of the farm operation.

§ 212-139.5 Standards for elder cottage housing.

The following standards shall apply to elder cottage housing:

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.

Any elder cottage placed on a lot shall be considered an accessory structure building and shall be clearly subordinate to the principal residence on the lot.

Placement of any accessory dwelling unit elder cottage shall be in accordance with the lot area and yard requirements of the zoning district within which it is located.

No elder cottage shall exceed one story in height.

The elder cottage shall be removed from the property within 120 days of being vacated by the occupant or occupants, and the location shall be restored to its prior state.

Ulysses Town City Zoning Code

ARTICLE XX

Design Standards

§ 212-119 Purpose.

§ 212-120 Environmental performance standards.

Noise.

(1)

All events issued permits and recognized public celebrations are excluded from the noise restrictions of this chapter.

(2)

(3)

(4)

§ 212-121 Standards for parking in all zoning zones.

Purpose. The design objective for the access, parking, and circulation standards is to:

(1)

(2)

Ensure the appropriate site location and design features that mitigate the impact of parking lots on other land uses and design goals for surrounding zones;

(3)

Create the least visible impact of parking on adjacent private and public property; and

(4)

Promote parking designs that minimize runoff and incorporate infiltration of stormwater into the ground.

Loading areas.

(1)

In R, HN, and HC Zones, no loading berth may be located on a front facade, and no loading area may be located in a front yard.

(2)

(3)

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)

(3)

(4)

(5)

All parking areas are to be maintained in a well-kept condition.

(6)

Permeable pavement shall should be used when possible to reduce stormwater runoff.

Pedestrian design standards.

(1)

(2)

Pedestrian facilities must be provided between rows of parking spaces.

Landscape plan.

(1)

(2)

At least 10% of the interior of the parking lot, calculated as the total surface area of all parking spaces, drive aisles, and interior landscape, must be landscaped.

(3)

Where any parking lot is located along, within 50 feet of, and visible from a public right-of-way, the parking lot must be screened by a vegetated buffer, per § 212-124.

(4)

(5)

Where any parking lot is larger than nine spaces the parking lot must be screened by a vegetated buffer yard, designed per § 212-124.

§ 212-122 Standards for signs.

General.

(1)

No sign or other outdoor devices for the purpose of advertising of any kind may be erected or established in the Town of Ulysses except in conformance with the standards in this section.

(2)

(3)

All new, reconstructed, altered, or relocated signs must comply with the standards of this section.

(4)

Temporary signs are allowed for a maximum of 30 days per occurrence, up to a maximum of 180 days per calendar year.

(5)

(6)

(7)

No sign, other than signs placed by agencies of government with appropriate jurisdiction, or a sign whose placement is authorized by such agencies, may be erected or placed on public property.

(8)

The provisions of this section do not apply to safety signs, street signs, historical markers or highway directional signs erected by municipal or public agencies.

(9)

All temporary signs must be nonilluminated. Allowed permanent signs may be nonilluminated, or illuminated by internal light fixtures or external indirect illumination, unless otherwise specified.

(10)

No sign shall be placed on the roof of any structure or building.

(11)

Off-premises signs are prohibited on the Cayuga Lake Scenic Byway, New York Route 89.

(12)

Signs may not contain mirrors.

(13)

Signs may not contain day-glow or fluorescent paint.

Sign illumination and internally illuminated signs.

(1)

Sign lighting fixtures must be selected and designed with International Dark Sky Association features to focus lighting downward.

(2)

In this section the term "illuminated sign" applies to both signs that are illuminated by external and internal illumination.

(3)

No light shall be cast upward beyond a horizontal plane level with the light source, or onto any adjoining property.

(4)

(5)

(6)

(7)

External illumination.

(a)

An externally illuminated sign is characterized by the use of artificial light reflecting off its surface.

(b)

External light sources intended to illuminate the sign face must be fully shielded, direct light only in a downward manner, and placed close to, and directed upon, the sign face.

(c)

Externally illuminated signs must be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.

(8)

Internal illumination.

(a)

An internally illuminated sign is characterized by the use of artificial light projecting through its surface.

(b)

Internal illumination is permitted only as white or off-white graphics on an opaque dark-colored background or as white or off-white halo lighting,

(c)

(9)

(10)

Sign measurement.

(1)

Sign area. Sign area is measured as the total area of a sign, as follows:

(a)

(b)

(c)

(d)

(e)

(2)

(3)

Vertical clearance. For signs attached to a structure, vertical clearance is measured as the vertical distance from the sidewalk or nearest ground level to the lowest point of the sign.

Off-premises signs.

(1)

All off-premises signs are limited to 12 square feet per face.

(2)

No off-premises/advertising signs may exceed six feet in height, including support, as measured from the ground below the sign.

(3)

Only two sign faces shall be permitted on any one structure or support.

(4)

No illumination is permitted, either located on or directed toward the off-premises sign.

(5)

No off-premises sign may be located nearer than 300 feet to another off-premises sign.

(6)

All off-premises sign applications are subject to Site Plan Review, § 212-19.

(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)

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;

(4)

For all other uses, one freestanding sign and one sign on a building facade, each not to exceed 20 square feet in area. Freestanding signs must not exceed a height of six feet;

(5)

On-premises temporary signs provided such sign area does not exceed a total 12 square feet in area. Freestanding signs must not exceed a height of six feet.

Signs in the B1 Zone and OTMU Zone. In B1 — Business Zone and OTMU — Office Technology Mixed-Use Zone, the following signs are permitted:

(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)

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.

(4)

(5)

For retail businesses in a shopping center, no more than one sign, not to exceed 40 square feet if attached to a building facade.

(6)

(7)

(8)

(9)

(10)

For all other 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.

Signs in the HC Zone. In the HC — Hamlet Center Zone the following signs are permitted:

(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)

(4)

(5)

A maximum of one porch sign is permitted per establishment per right-of-way frontage, and is limited to eight square feet in sign area.

(6)

A maximum of one wall sign is permitted per establishment per right-of-way frontage, and is limited to 80% of the facade width and projection from wall is limited to two feet.

(a)

(7)

Window signs that cover less than 10% of the window area.

Public safety.

(1)

No direct or reflected light from the primary light source of a sign may create hazards for pedestrians, cyclists, or operators of motor vehicles.

(2)

(3)

Colored light must not be used at a location or in a manner so as to be confused with or construed as traffic control devices.

(4)

Blinking, flashing, fluttering, strobe-light effects, and streaming video are prohibited.

Construction.

(1)

All signs must be erected in compliance with building, electrical, and fire codes, and with the following requirements as applicable:

(a)

Supports and braces must be designed as an integral part of the overall sign structure and hidden from public view to the extent technically practicable.

(b)

All signs attached to a building must be installed and maintained so that wall penetrations are watertight and do not exceed allowable stresses of supporting materials.

(c)

When a building-mounted sign is removed, the wall must be repaired and restored to its original condition prior to sign installation.

(d)

All signs and their supporting structures must be enclosed so as to prevent inhabitation by birds, rodents, insects, and other wildlife.

(e)

All signs must be designed and constructed to withstand wind loads, dead loads, and snow loads as required by the New York State Fire Prevention and Building Code.

(f)

(g)

Signs constructed of fabric or fabric-like material must be held taut within frames.

(h)

Audio components are prohibited as part of any sign.

(i)

(j)

Maintenance.

(1)

(2)

(3)

(4)

Prohibited signs.

(1)

The below listed signs, as well as any sign type not expressly allowed by this chapter, are prohibited:

(a)

Abandoned or illegally erected signs.

(b)

Mechanically activated signs, other than barber poles and clocks.

(c)

Neon and tubular gas signs.

(d)

Light pole banners.

(e)

(f)

(g)

Signs that are burned, cut, painted, pasted, or otherwise marked on or affixed to a tree, standpipe, fire escape, utility pole, trash receptacle, bench, or any other unapproved structure or surface.

(h)

(i)

(j)

Signs exceeding allowed height or area for the zone where the sign is located.

(k)

Example images for prohibited signs:

Neon/tubular gas sign

Sign with 100% of area internally lit

Freestanding sign exceeding allowed height

Exempt signs.

(1)

(2)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(3)

Up to three different flags per lot, subject to the following restrictions:

(a)

The total area of all flags shall not exceed 50 square feet. The total area of an individual flag shall not exceed 24 square feet;

(b)

The flag pole shall be attached to a building;

(c)

[1]

No freestanding flags are allowed;

[2]

No flag bearing an explicit commercial message shall constitute an exempt flag.

(4)

On-premises directional signs for the convenience of the general public, such as identifying parking areas and fire zones, when not visible from a right-of-way.

(5)

Nonilluminated warning, private drive, posted or no trespassing signs, not exceeding two square feet.

(6)

Number and nameplates identifying residences or businesses mounted on a house, building, apartment, or mailbox, not exceeding one square foot in area.

(7)

§ 212-123 Standards for outdoor lighting.

Appropriately regulated and properly installed outdoor lighting will contribute to the safety and welfare of the residents of the Town. Principal among these concerns is:

(1)

The degradation of the nighttime visual environment by production of unsightly and dangerous glare;

(2)

Lighting practices that produce excessive glare and brightness that interferes with the health and safety of the Town of Ulysses' citizens and visitors;

(3)

Unnecessary waste of energy and resources in the production of too much light or wasted light;

(4)

Interference in the use or enjoyment of property that is not intended to be illuminated at night by light trespass, and the loss of the scenic view of the night sky due to increased sky-glow; and

(5)

The impact of inappropriately designed outdoor lighting that disrupts nocturnal animal behavior, particularly migrating birds and other species.

(1)

(2)

(3)

The maximum height of the luminaire may not exceed 25 feet.

Exceptions to the above shall be:

(1)

(2)

Luminaires used for public roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.

Light trespass standard.

(1)

(2)

All light fixtures, including security lighting, shall be located, aimed and shielded so that the direct illumination from the fixture shall be confined to the property boundaries of the source.

(3)

Prohibited outdoor lighting. The following types of outdoor lighting are prohibited:

(1)

Outdoor floodlighting by floodlight projection above the horizontal plane.

(2)

(3)

Exceptions.

(1)

Airport lighting.

(a)

(2)

Emergency lighting by emergency services.

(a)

(3)

Construction and renovation of municipal facilities.

(a)

All outdoor lighting used for construction or major renovation of municipal buildings, structures and facilities is exempt from the provisions of this section.

§ 212-124 Standards for buffer areas.

Visual screening/Vegetated buffer.

(1)

(2)

(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)

Stream and wetland protection setback.

(1)

(2)

(3)

Area or Zone	Setback
Setback to Taughannock and Trumansburg Creeks in all Zones	100 feet
Specific Zone Setbacks	Perennial/Permanent	Intermittent/Impermanent	Wetland
General setback if not otherwise noted	50 feet	25 feet	50 feet
A/R — Agricultural	50 feet	25 feet	50 feet
A2 — Special Agricultural	100 feet from a stream or any federal, state, or local wetland
R — Residential (see § 212-41)	50 feet	50 feet	100 feet, state 50 feet, federal or local
LS — Lakeshore (see § 212-47 for details)	50 feet from any stream or lake. In UNA or steep slope overlay, setback is 75 feet	50 feet. In UNA or steep slope overlay, setback is 75 feet	50 feet for federal and local wetlands 100 feet for state wetlands
C — Conservation (see § 212-55 for details) Regulations apply to buildings, structures, paved areas, or storage of equipment	50 feet May be increased by 50%	50 feet May be increased by 50%	100 feet May be increased by 50%
RM — Multiple-Residence (see § 212-133)	Buildings, structures, or parking: >100 feet from a stream edge Roadways: > 50 feet from a stream edge		Buildings, structures, or parking: >100 feet from a wetland Roadways: > 50 feet from a wetland
MHP — Manufactured Home Parks (see § 212-132L for more details)	No manufactured home, structures, parking areas or roads within 50 feet from any stream edge		100 feet from state wetland 50 feet from any federal or local wetland
HC — Hamlet Center	50 feet from any stream edge or any wetland for any building, structure, or parking area.
HN — Hamlet Neighborhood (see § 212-81 for more details)	50 feet from any stream edge or any wetland for any building, structure, or parking area.
WH — Waterburg Hamlet	50 feet from a stream edge or any federal or locally designated wetland for any building, structure, or parking area Setback to any state wetland is 100 feet
B1 — Business (see § 212-93 for more details)	No buildings, structures, parking areas within 100 feet from any stream edge No roads within 50 feet from any stream edge
MZ — Marina	100 feet from a stream edge or wetland See § 212-101, Buffer areas, and § 212-102A(4)(c), Design standards
OTMU — Office Technology Mixed-Use (see § 212-109 for more details)	Buildings, structures, or parking: >100 feet from a stream edge or wetland
PR — Parks and Recreation	Buildings, structures, or parking: >100 feet from a stream edge or wetland or lake frontage using mean high water
DD — Development Districts	See individual districts
Design Standards — Animals (§ 212-126)	Buildings where animals are kept: >100 feet from a stream edge or wetland
Design Standards — campgrounds — seasonal, group and overnight (§ 212-127)	Campsites, buildings, tents, structures, parking: >100 feet from a stream edge or wetland Roadways: > 50 feet from a stream edge or wetland
Design Standards — extractive industry § 212-129)	Mining activities, buildings, parking, equipment or production storage areas: >100 feet from a stream edge or wetland
Design Standards — Sawmills (§ 212-136)	Buildings, structures, log- or lumber-sorting or storage yards, parking or equipment storage: > 100 feet
Design Standards — Farm operation, accessory commerce (§ 212-139)	Buildings, structures, parking: >100 feet from wetland or perennial stream. Roadways: > 50 feet from stream edge of any perennial stream or wetland

(4)

Applicability.

(a)

(b)

(c)

(d)

(5)

Prohibited activities. The following activities are explicitly prohibited in the stream or wetland setback area.

(a)

(b)

(c)

(d)

(e)

Soil disturbance by grading, stripping, mining or removal of soil, sand and gravel, and quarrying of raw materials.

(f)

Filling or dumping.

(g)

(h)

Storage or application of herbicide, pesticides, fertilizers, or other chemicals.

(i)

Parking, storage, or operation of motorized vehicles.

(6)

Variance procedures.

(a)

(b)

(c)

A variance request must include the following information in written documentation:

[1]

A to-scale site map with stream, wetlands, slopes and other natural features locations as determined by field survey;

[2]

Description of the topography, slopes and soil type, shape of property, natural vegetation, and other distinguishing or prohibitive physical characteristics of the property;

[3]

[4]

[5]

A stormwater management plan given the proposed changes and intrusions;

[6]

Documentation of supposed hardship should the buffer be maintained;

[7]

Proposed mitigation for the intrusion.

(7)

The following matters will be considered in determining whether to issue a variance:

(a)

The shape and physical characteristics of the property;

(b)

The locations of all streams and wetlands on and/or adjacent to the property;

(c)

The location and extent of the proposed buffer or setback intrusion;

(d)

Whether alternative designs are possible which require less intrusion;

(e)

The water quality impacts of the proposed variance.

§ 212-125 Standards for adult entertainment businesses.

The purpose of this section is to:

(1)

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.

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 R — Residential Zone, and CZ — Conservation Zone residential zones only if:

Animal waste shall be managed according to current best management practices to minimize odors, dust, leaching and water runoff.

No buildings where animals are kept shall be located within 100 feet from a stream edge or any wetland as defined by local, state or federal law.

All domestic livestock shall be kept on the property, and fencing shall be appropriate and adequate for the species maintained.

§ 212-127 Standards for campgrounds.

Campgrounds, seasonal.

(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)

(4)

(5)

Each campsite shall be numbered and shall have a minimum width of 30 feet and a minimum depth of 50 feet.

(6)

(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.

(10)

(11)

(12)

(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)

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)

(4)

Each campsite shall be numbered and shall have a minimum width of 30 feet and a minimum depth of 50 feet.

(5)

(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 10 campsites.

(9)

(10)

(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)

Campgrounds, group.

(1)

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)

(9)

(10)

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)

(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)

§ 212-128 Standards for accessory dwelling units.

Any accessory dwelling unit placed on a lot shall be considered an accessory building and shall be clearly subordinate to the principal residence on the lot.

Placement of any accessory dwelling unit shall be in accordance with the lot area and yard requirements of the zoning district within which it is located.

(Reserved)

Floor area. The floor area of the accessory dwelling unit may not exceed 1,200 square feet.

No other accessory dwelling units may be located on the lot.

If the street-facing facade of the building occupied by a detached accessory dwelling unit is visible from the street line, at least 20% of the street-facing facade must have window or door openings.

§ 212-129 Standards for extractive industry.

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)

(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)

(7)

Any other information deemed reasonable and necessary by the Planning Board in its consideration of site plan approval.

An analysis by the applicant shall indicate if any improvements to Town and county roads may be necessary.

Except for ingress and egress roadways, no roadways within the site shall be closer than 200 feet from a property line.

No accessory buildings or structures, or equipment maintenance, parking or storage areas, shall be closer than 100 feet from any public road or highway right-of-way, or other property boundary.

Access roads into and out of the site shall meet the Town of Ulysses specifications for road base.

All ingress and egress points into the site shall be secured from unauthorized access or trespass.

§ 212-130 Standards for flag lots.

Whenever practicable, adjoining flag lots should be platted in a manner that encourages shared driveway access points along public roads and highways.

No parcel may be subdivided into more than two flag lots as of the adoption of this Zoning chapter on 12-10-2019.

§ 212-131 Standards for public garages, gasoline sales stations and body shops.

No part of any public garage shall be used for residence or sleeping.

The general elevation of the vehicle-servicing area shall not be raised higher than two feet from the surrounding properties.

For unstaffed self-wash facilities, a security system must be installed and maintained, including a functional security camera to monitor all areas of the car wash.

Vehicle rental and sales must be located within a fully enclosed building.

Any repair and service operations must be performed within a fully enclosed building. Bay doors may be open during hours of operation.

No partially dismantled, wrecked, or unregistered vehicle or boat may be stored outdoors on the premises.

§ 212-132 Standards for manufactured home parks.

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.

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.

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.

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.

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.

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 Zone (see Residence, Multiple-family)

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.

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.

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.

No parking facilities or driveways shall be located within 12 feet horizontal distance of any dwelling unit.

§ 212-134 Standards for residential swimming pools.

§ 212-135 Standards for roadside stands.

Nonagricultural roadside stands shall not occupy more than 240 square feet of area.

No roadside stand shall be located within the right-of-way of any public road or highway.

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.

All waste generated in the operation of the roadside stand shall be removed daily.

§ 212-136 Standards for sawmills.

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.

No storage of logs, lumber, sawdust, bark, scrap wood or equipment of any kind shall be permitted within any yard setback area.

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.

In addition to all other requirements of the B1 — Business Zone, all self-service storage facilities shall:

(1)

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.

§ 212-138 Standards for commercial stables.

There shall be at least one acre of land for every five horses or ponies kept on the premises when stabled.

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.

§ 212-139 Standards for farm operation, accessory commerce.

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.

All outdoor lighting fixtures installed and utilized shall be subject to the provisions of Article XX, § 212-123.

Parking facilities shall comply with the provisions of Article XX, § 212-121.

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.

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.

Building floor area limited to 5,000 square feet.

§ 212-139.1 Standards for minor solar collection systems.

Rooftop- and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for all rooftop- and building-mounted solar collectors.

Ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements:

(1)

(2)

The height of the solar collectors and any mounts shall not exceed 20 feet in height when oriented at maximum tilt.

(3)

(4)

A building permit has been obtained for the solar collectors.

(5)

(6)

Solar collectors and other facilities shall be designed and located in order to minimize reflective glare toward any inhabited buildings on adjacent properties and roads.

§ 212-139.2 Standards for major solar collection systems.

Where applicable, and unless more restrictive regulations also apply, the requirements of § 212-139.1 of this chapter shall apply to solar collectors and installations for major systems.

(1)

Height, setbacks, and restrictions.

(a)

The maximum height for ground-mounted solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 feet in height above the ground.

(b)

The minimum front yard, side yard and rear yard setback shall be 50 feet.

(c)

(d)

Major solar collection systems shall be prohibited in Tompkins County designated unique natural areas; in wetlands as defined by state, federal or local law; and on slopes greater than 15%.

(2)

Design standards.

(a)

(b)

(c)

All on-site utility and transmission lines shall, to the extent practicable, be placed underground.

(d)

(e)

All electrical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscape screening.

(f)

(g)

(3)

Signs.

(a)

A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list at a minimum the facility name, owner, and facility operator's phone number.

(b)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(c)

Solar collection systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer and operator of the system.

(4)

Areas of potential sensitivity shall be shown on site plans and shall be given special consideration by the Planning Board at site plan review; those areas consist of the following:

(a)

100-year flood hazard zones considered an A or AE Zone on the FEMA Flood Maps.

(b)

Historic and/or culturally significant resources in an historic district or historic district transition zone.

(c)

Within 100 feet landward of a freshwater wetland.

(d)

Adjacent to, or within, the control zone of any airport.

(e)

State-owned lands.

(f)

Unique natural areas.

(g)

Properties with conservation easements or owned by a land conservation organization.

(h)

Public trails, including the Black Diamond Trail.

(i)

Prime soils and soils of statewide importance, as defined by United States Department of Agriculture.

(j)

Town of Ulysses Natural Resources Inventory.

(5)

(a)

(6)

Abandonment.

(a)

(b)

(c)

The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:

[1]

Removal of aboveground and below-ground equipment, structures and foundations.

[2]

Restoration of the surface grade and soil after removal of equipment.

[3]

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

[4]

The plan shall include a time frame for the completion of site restoration work.

(d)

Upon cessation of activity of a constructed facility for a period of one year, the owner and/or operator shall implement the decommissioning plan.

(e)

(7)

Glare analysis and mitigation requirements.

(a)

(b)

[1]

Nonvegetative means of mitigation such as adjustments to the siting, height, or orientation of the facility are recommended and, where possible, would be the preferable solution.

[2]

(c)

(d)

Glare from the facility (as evaluated by the tool) shall not exceed the following limits at any potentially affected occupied buildings or public roads:

[1]

Glare must not be visible for a total of more than 2% of the year.

[2]

No individual day during the year should have glare visible for more than two hours.

[3]

The average intensity and angular extent of the glare must not exceed 2% of the limit for eye damage as set forth in the solar glare ocular hazard plot.

[4]

(e)

[1]

If any of these properties differs by more than 20% from that proposed, a new glare analysis is required to be conducted within 20 business days of the as-built assessment of the facility.

[2]

§ 212-139.3 Animal waste storage facility.

Regulations for animal waste storage facility.

(1)

(2)

(3)

Site requirements. All animal waste storage facilities shall be installed, operated and maintained pursuant to the following conditions:

(1)

Animal waste storage facilities shall be placed a minimum of 500 feet from a road right-of-way, but shall not be set closer to the right-of-way than the nearest permanent structure being served.

(2)

Animal waste storage facilities shall be placed a minimum of 100 feet from a lot line.

(3)

Animal waste storage facilities shall be placed a minimum of 1,000 feet from any existing residential or nonagricultural building that is not part of the farm operation.

(4)

Animal waste storage facilities shall be placed a minimum of 500 feet from any existing well, watercourse, stream, or waterbody, and any existing well that is not part of the farm operation.

Permit application requirements. All applications for animal waste storage facilities shall comply with the following:

(1)

A completed permit application shall be submitted to the Code Enforcement Officer or Zoning Officer.

(2)

(3)

Engineering plans shall also include at a minimum the following, in accordance with the NRCS Practice Standard 313, Plans and Specifications and Operations and Maintenance (New York, 2018):

(a)

A geologic investigation report including evaluation of aquifers in the area and listing of floodplain designation.

(b)

Pertinent elevations of the facility.

(c)

Structural details of all components, including reinforcing steel, type of materials, thickness, anchoring requirements, lift thickness.

(d)

Locations, sizes, and type of pipelines and appurtenances.

(e)

Operational and emergency design storage volumes.

(f)

Requirements for foundation and preparation and treatment.

(g)

Vegetative requirements.

(h)

Material quantities and specifications.

(i)

Approximate location of utilities and notification requirements.

(j)

Safety features.

(k)

Construction inspection plan.

(l)

Operation and maintenance plan.

(4)

Facility design plans for animal waste storage facilities shall either:

(a)

(b)

Provide documentation from a licensed engineer that the proposed plan alternatives are equally protective of the groundwater and surface water resources of Town of Ulysses.

(5)

§ 212-139.4 Confined or concentrated animal feeding operation (CAFO).

Site requirements. All CAFO facilities shall be installed, maintained, and operated pursuant to the following conditions:

(1)

Any building housing animals in a CAFO facility shall be placed a minimum of 500 feet from a road right-of-way.

(2)

(3)

Any buildings housing animals in a CAFO facility shall be placed a minimum of 1,000 feet from any watercourse, stream or waterbody, and from any exiting well that is not part of the farm operation.

§ 212-139.5 Standards for elder cottage housing.

The following standards shall apply to elder cottage housing:

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.

Any elder cottage placed on a lot shall be considered an accessory structure building and shall be clearly subordinate to the principal residence on the lot.

Placement of any accessory dwelling unit elder cottage shall be in accordance with the lot area and yard requirements of the zoning district within which it is located.

No elder cottage shall exceed one story in height.

The elder cottage shall be removed from the property within 120 days of being vacated by the occupant or occupants, and the location shall be restored to its prior state.