Town of Ulysses, NY
Tompkins County
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Table of Contents
Table of Contents

§ 212-2 Conformance.

A. 
It shall be unlawful to use or permit the use of any building or part thereof hereafter erected, changed or extended in whole or in part, or altered beyond what is generally accepted as normal maintenance, in a manner which shall not conform in all respects to the requirements of this chapter.
B. 
Any use not specifically set forth as a permitted use in any zoning district shall be expressly prohibited in that zone. A use specifically set forth as a permitted use in one zoning district shall not be permitted in another zoning district unless it is specifically set forth as a permitted use in said district.
C. 
The above notwithstanding, any lot that is deemed conforming to the prior Town of Ulysses Zoning Ordinance, or was created prior to any local zoning law but now is deemed nonconforming, shall not require the approval for an area variance by the BZA should said lot meet all setback, front and rear yard requirements of this chapter.

§ 212-3 Space and construction.

Except as hereinafter provided, no building or part thereof shall be erected, altered or relocated unless done so in conformance with the regulations on space and construction specified herein for the district in which it is located, and with any relevant supplementary regulations. No portion of a yard or other open space within a lot that is required for the purpose of complying with lot coverage or setback requirements of this chapter shall be included as a portion of a yard or other open space similarly required for another lot.

§ 212-4 Enforcement; penalties for offenses. [1]

A. 
Zoning Officer. This chapter shall be enforced by the Zoning Officer who shall be appointed by the Town Board. The Zoning Officer shall in no case, except under written order by the Board of Zoning Appeals, grant any statement of compliance for any building or land use in violation of any provisions of this chapter.
B. 
Violation pursuant to Town Law § 268. Any person, firm, corporation or other entity (hereinafter referred to as any "person") violating any provision of this chapter shall be deemed guilty of an offense pursuant to Town Law § 268 and, upon conviction thereof, shall be subject to a fine and to imprisonment for each and every violation, as provided for in Town Law § 268. For the purpose of this chapter, each week that a violation continues shall constitute a separate and distinct offense.
C. 
Compliance order.
(1) 
The Zoning Officer is authorized to order, in writing, the remedying of any condition or activity found to exist in, on, or about any building, structure, or premises in violation of this chapter. Upon finding that any such condition or activity exists, the Zoning Officer shall issue a compliance order.
(2) 
The compliance order shall:
(a) 
Be in writing;
(b) 
Be dated and signed by the Zoning Officer;
(c) 
Specify the condition or activity that violates this chapter;
(d) 
Specify the provision or provisions of this chapter which is/are violated by the specified condition or activity;
(e) 
Specify the period of time which the Zoning Officer deems to be reasonably necessary for achieving compliance;
(f) 
Direct that compliance be achieved within the specified period of time; and
(g) 
Sate that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(3) 
The Zoning Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by regular mail.
D. 
Appearance tickets. The Zoning Officer is authorized to issue appearance tickets for any violation of this chapter.
E. 
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of this chapter shall be liable for a civil penalty in an amount determined by resolution of the Town Board for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
F. 
Injunctive relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of this chapter, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order preventing the erection, construction, alteration of use of any building or land, or directing the removal of the building or structure, or directing an abatement of the condition in violation of this chapter. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Supervisor of this Town.
G. 
Remediation by Town. In the event that a property owner fails to comply with the compliance order of the Zoning Officer to remedy violations of this chapter, the Town shall have the following remedies in addition to all remedies set forth in state, local or other applicable law:
(1) 
If the property owner fails to remedy the condition(s) constituting the violation within the period stated in the compliance order, the Zoning Officer may present a compliance and remediation plan ("the plan") to the Town Board. The plan shall detail how the Town may cause the condition(s) to be corrected through reasonable measures and shall include an estimate of the direct cost of such measures, plus legal costs and administrative costs of the Town for administering, supervising and handling such work in accordance with the provisions of this chapter.
(2) 
If the Town Board adopts the plan, notice of the Town's intent to remedy the violation will be provided to the property owner by personal service pursuant to the New York Civil Practice Law and Rules. The notice shall include the following:
(a) 
A copy of the proposed plan;
(b) 
That the Town intends to remedy the conditions constituting the violation;
(c) 
That the property owner will be billed for the cost of implementing the plan, in the amount set forth in the plan, and, that upon the property owner's failure to do so, the cost will be added to the property tax bill for the property;
(d) 
That he or she has 30 days from the date of service of the notice to request a public hearing before the Town on the plan and the estimated cost thereof, or remedy the condition.
(3) 
If the property owner requests a public hearing in writing, the Town will conduct such hearing and shall publish notice of such hearing and provide a copy of the notice to the property owner by regular and certified mail at least 10 days before the hearing.
(4) 
After such public hearing, the Town board shall determine whether to modify the plan and/or the cost of measures to remedy the violation.
(5) 
If after the public hearing, or if no public hearing is requested, the Town causes the violation to be remedied in accordance with the plan, the property owner shall receive a bill for the cost of the remediation as set forth in the plan, with a notice that if the cost remains unpaid after 30 days, the Town will take the necessary steps to have the cost added to the property owner's next property tax bill. The bill shall be mailed to the property owner by regular and certified mail.
(6) 
If the sum stated in the bill is not paid within 30 days after mailing thereof to the property owner, the Town will file a certificate with the Tompkins County Department of Assessment stating the cost of abatement and administrative and legal costs to the Town, as detailed in the bill, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ulysses. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation.
H. 
Collection of unpaid fines and penalties. In the event that a property owner fails to pay fines imposed by Town Court or any other court with jurisdiction over the matter for violation of the provisions of this chapter and/or the Town Law, and/or any civil penalties imposed pursuant to this chapter, and such fines and penalties remain unpaid 30 days after they were levied, the Town may file a certificate with the Tompkins County Department of Assessment stating the amount of the unpaid fine or penalty, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ulysses. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation.
I. 
Remedies not exclusive. No remedy or penalty specified in this chapter shall be the exclusive remedy or penalty available to address any violation of this chapter, and each remedy or penalty shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this chapter, or in any other applicable law. Any remedy or penalty specified in this chapter may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this chapter or in any other applicable law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 212-5 Building permits. [1]

A. 
The issuance of building permits shall be the responsibility of the Code Enforcement Officer who shall be appointed by the Town Board.
B. 
A building permit application shall be made to the Code Enforcement Officer before any nonagricultural building or other structure, including, but not limited to, signs, swimming pools (except portable children's wading pools), aboveground or below-ground tanks, power and pump stations, radio or telecommunications towers, and canopies and pavilions, is begun, erected, constructed, enlarged, improved, renovated, repaired or altered.
C. 
No building in any district shall be changed, altered or extended if such change, alteration or extension shall affect the dimensions of the building or the number of dwelling units in said building, without a building permit issued by the Code Enforcement Officer.
D. 
The Code Enforcement Officer shall in no case, except under written order by the Board of Zoning Appeals, grant any building permit for any building or land use in violation of any provisions of this chapter.
E. 
No sign shall be erected in excess of 12 square feet without a building permit.
F. 
No building permit shall be required for any residential accessory building 144 square feet or less in gross floor area and not exceeding 15 feet in height, provided that it meets the area requirements of the zoning district.
G. 
Every application for a building permit shall state the intended use of the building and shall be accompanied by a satisfactory plot plan, drawn to scale with dimensions shown, that indicates the size and shape of the lot, any existing and proposed buildings, and all required yard areas and setback required herein.
H. 
Unless there has been substantial progress made in the work for which a building permit has been issued, said building permit shall expire one year from the date of issue. In no case shall a building permit be valid for more than two years from the date of issue.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 212-6 Fees for permits.

Fees for applications for site plan approval, special permit approval, request for variances from the requirements of this chapter, and consideration of request for changes in zoning designation and building permits shall be established by the Town Board and may be adjusted from time to time at the discretion of the Board. In addition to any fees set by the Town Board, applicants shall be responsible for bearing the cost of any advertising and reasonable consultant costs.

§ 212-7 Building Code conformance.

All zoning regulations stated herein shall be in accord with requirements established by the New York State Uniform Building Code or its successors. Where the requirements of this chapter and the New York State Uniform Building Code differ, the stricter of the two shall govern. Requirements for building codes and maintenance presented in the New York State Uniform Building Code but not contained in this chapter are considered to be part of the zoning requirements for the Town of Ulysses.

§ 212-8 Approval of Tompkins County Health Department.

No permit for any structure shall be granted until the Tompkins County Health Department requirements with respect to proposed methods of sewerage or other waste disposal have been met.

§ 212-9 Certificate of compliance or occupancy.

No building or structure or part thereof hereafter erected, altered or extended shall be used or changed in its use until a certificate of compliance or occupancy has been issued, signifying that such building or structure, or use change, complies with the provisions of this chapter and applicable building codes, except in the case of continued occupancy during the building permit period.

§ 212-10 Establishment of districts.

A. 
For the purpose of this chapter the Town of Ulysses is hereby divided into the following zoning districts:
A1—Agricultural District
A2—Special Agricultural District
R1—Rural Residence District
R2—Moderate-Density Residence District
LS—Lakeshore District
CD—Conservation District
RM—Multiple-Residence District
MHP—Manufactured Home Park
H1—Hamlet District
H2—Hamlet District
B1—Business District
MD—Marina District
IL—Light Industrial District
PR—Park/Recreation District
DD—Development District
B. 
The boundaries of these districts are shown on the map entitled "Zoning Map, Town of Ulysses, Tompkins County, New York," as adopted by the Town Board and amended from time to time. Said map and all notations on it or amendments to it are incorporated by reference into this chapter and made part of it.[1]
[1]
Editor's Note: The Zoning Map is on file in the Town offices.

§ 212-11 District boundaries.

Where uncertainty exists with respect to the exact boundaries of a zoning district shown on the Zoning Map, the following rules shall apply:
A. 
Where the Zoning Map indicates a district boundary approximately on a lot line, such lot line shall be construed to be the district boundary.
B. 
Distances shown on the Zoning Map are perpendicular or radial distances from the road or highway right-of-way line measured back to the zoning district boundary line.
C. 
In all cases where a distance is given between the road or highway right-of-way line and a zoning district boundary line, said line is parallel to the road or highway right-of-way line from which the distance is measured.
D. 
Where a zoning district boundary line follows a stream, or the shoreline of a lake or other body of water, said boundary line shall be deemed to follow the center line of the stream or be deemed to be at the limit of the Town of Ulysses, unless otherwise noted.
E. 
In all other cases the location of a zoning district boundary line shall be determined by the Zoning Officer through use of the scale on the Zoning Map.

§ 212-12 Amendments.

The regulations, restrictions and boundaries set forth in this chapter may be amended, supplemented, changed or repealed by the Town Board pursuant to local law.

§ 212-13 Local laws superseded.

This chapter upon its effective date shall supersede the following local laws and ordinances: Town of Ulysses Zoning Ordinance as adopted in 1968; the Town of Ulysses Zoning Law, as adopted August 30, 2005, and amended November 28, 2007; Town of Ulysses Site Plan Review Ordinance as adopted October 6, 1998; the Town of Ulysses Tower Ordinance as adopted March 17, 1997; the Town of Ulysses Mobile Home Park Ordinance; and the Town of Ulysses Subdivision Ordinance, dated November 18, 1986.

§ 212-14 Number of dwellings on a lot.

Unless otherwise provided for in this chapter, there shall be no more than two single-family or one two-family structure on any lot.

§ 212-15 Right to inspect.

The Zoning Officer shall have the right upon notice to inspect any premises, building or area covered under the provisions of this chapter. No person shall refuse to allow said officer to fully inspect any and all premises, and no person shall molest or resist the officer in the discharge of his or her duties. Failure to comply with this section shall be deemed a violation under this chapter, allowing for civil and penal remedy as set forth herein.