A.
Trailers or campers with less than 500 square feet of floor area
may be used as a temporary accessory residence, adjoining a permanent
residence or private recreational area, for periods not exceeding
six weeks in any three-month period, or in any duly authorized campground.
B.
Trailers or campers may be used as a temporary residence or office
on a construction site for a period not to exceed one year.
A.
Other provisions of this chapter notwithstanding, nothing shall prohibit
the use of a lot of less than the required area for a single-family
dwelling in any zone, when said lot at the enactment of this chapter
was owned or leased by persons other than those owning or leasing
any adjoining lot, provided that all other provisions of this chapter
are complied with.
B.
The above notwithstanding, any lot that is deemed conforming to the
prior Town of Ulysses Zoning Ordinance, or was created prior to any
local zoning law but now is deemed nonconforming, shall not require
the approval for an area variance by the BZA should said lot meet
all setback, front and rear yard requirements of this chapter.
In determining the size of yards for the purpose of this chapter,
porches or carports, open at the sides but roofed shall be considered
a building or part of a building.
The provisions of this chapter shall not apply to fences or walls built or maintained in support of agricultural operations, or not over six feet above the natural grade, nor to terraces, steps, patios, unroofed porches or decks, or other similar features not over three feet above the level of the natural grade, except for the restrictions set forth in § 212-163 below.
In any zone, no structure, fence, sign or planting over three
feet in height, measured from the center of the adjacent road or highway,
shall be maintained in any corner lot within a triangular area formed
by the lot lines along the street to a point on such lines a distance
of 30 feet from their intersection, and a line connecting such points.
Any fence or planting that does not conform to the requirements of
this section shall be made to conform within one year from the date
this chapter becomes effective.
A.
Every part of a required yard shall be open from its lowest point
to the sky, except for the ordinary projection of sills, belt courses,
pilasters, leaders, chimneys, cornices, eaves and ornamental features,
provided that no such projection extends more than two feet into any
required yard.
B.
Bays, including their cornices and eaves, may not extend more than
two feet into any required yard provided that the sum of such projections
on any wall shall not exceed 1/3 the length of such wall.
C.
An open fire balcony or fire escape may extend not more than four
feet into any required yard.
Whenever a lot upon which stands a building is changed in size
or shape so that the area and yard requirements of this chapter are
no longer complied with, such building shall not thereafter be used
until it is altered, reconstructed or relocated so as to comply with
these requirements. The provisions of this section do not apply when
a portion of a lot is acquired for a public purpose.
A.
When there is more than one principal building on a lot in any zone,
the space between such buildings shall be at least equal to the sum
of the side yards required by such buildings if built in the respective
side yard of each other; or the sum of the rear and front yards if
built in the respective front or rear yard of each other.
B.
In no case, however, shall either building encroach upon any required
front, side or rear yard setback areas of the lot.
A.
Except in the HC — Hamlet Center Zone, no accessory building
or accessory dwelling unit may occupy more than 20% of any required
yard setback and in no case shall exceed the maximum height permitted
in the zone. For lots abutting Cayuga Lake, a boathouse in the front
yard shall be a permitted accessory use.
B.
For the purposes of this chapter, tractor trailers, shipping containers,
PODS®, and similar structures are not
considered to be accessory buildings.
C.
Accessory buildings 120 square feet or smaller may be located as
close as 10 feet from side and rear property lines, but may not occupy
the required front yard space or setback area.
D.
Lots two acres in size and under shall be limited to two accessory
buildings.
E.
On lots two acres in size or less, no accessory building whether
attached or detached from the principal building shall occupy required
front yard space or setback area.
A.
If excavation for a building has begun, but no structure built by
the time one year has elapsed, any such excavation shall be covered
over or refilled to the normal grade by the owner.
B.
Any building substantially destroyed by any cause shall be rebuilt
or demolished within one year. For the purpose of this chapter, "substantially
destroyed" shall mean damage in excess of 50% of the replacement cost
of the building in its entirety.
C.
Any excavation or cellar hole remaining after the demolition or destruction
of a building from any cause shall be covered over or filled by the
owner within one year.
D.
Fencing or similar safety measures shall be provided around excavations,
derelict buildings, damaged structures, construction sites and other
hazardous sites, immediately upon the determination by the Zoning
Officer that such action is necessary in the interest of public safety.
Any abandoned well, cesspool, septic tank or other underground
tank or chamber shall be backfilled, covered or otherwise secured
in a manner that precludes unauthorized or accidental entry or entrapment.
A.
Notwithstanding any of the provisions of this chapter, any motor vehicle or other junkyard, including an open area for the outdoor storage of motor vehicles, used building materials, scrap metal, plastic, paper, rags, glass, broken appliances such as stoves, etc., refuse and other debris for any purpose in existence in any zone shall be discontinued. The Board of Zoning Appeals, however, may grant a special permit for the continuation of such use, pursuant to the provisions of Article III, § 212-18. Farm operations within a county-adopted, state-certified agricultural district where such materials are generated by or used in an ongoing agricultural operation are exempt from this provision.
B.
Any automobile sales lot or any billboard or nonconforming sign or
advertising device in existence in any A/R — Agricultural/Rural,
R — Residential, RM — Multiple Residence, or HC —
Hamlet Center, or Hamlet Neighborhood at the enactment of this chapter
shall be discontinued within one year of enactment of this chapter,
and shall not be considered a legal nonconforming use.
C.
No lot may contain one or more abandoned, partially dismantled or
nonoperative motor vehicle in any open area. Farm operations within
a county-adopted, state-certified agricultural district where such
materials are generated by or used in an ongoing agricultural operation
are exempt from this provision.
D.
No lot may contain in any open area more than one unregistered automobile,
truck or other motor vehicle subject to registration with the New
York State Department of Motor Vehicles. Farm operations within a
county-adopted, state-certified agricultural district where such materials
are generated by or used in an ongoing agricultural operation are
exempt from this provision.
Requires a special permit from the Planning Board.
Single-wide manufactured homes are permitted only in the MHP
Zone.
A.
The provisions of this section are in further clarification of § 212-2 of this chapter, which provides in part: "Any use not specifically set forth as a permitted use in any zone shall be expressly prohibited in that zone. A use specifically set forth as a permitted use in one zone shall not be permitted in another zone unless it is specifically set forth as a permitted use in said zone."
B.
The following uses are not permitted in any zone:
(1)
Natural gas and/or petroleum exploration.
(2)
Natural gas and/or petroleum extraction.
(3)
Natural gas and/or petroleum support activities.
(4)
The transfer, storage, treatment, or disposal of natural gas
and/or petroleum exploration or production wastes, or the application
of such wastes to land or roadways;
(5)
Erection of any derrick, building or other structure or placement of any machinery or equipment for the purposes outlined in § 212-173B(1), (2), (3) or (4) above;
C.
No permit issued by any state or federal agency, commission or board
to any person, firm or corporation, which would violate the prohibitions
of this section, shall be deemed valid within the Town of Ulysses.
