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 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.
C.
The above notwithstanding, any lot that is deemed conforming to the
lot size requirements of the prior Town of Ulysses Zoning Law, or
was created prior to any local zoning ordinance or law but now is
deemed nonconforming, shall not require the approval of an area variance
by the Board of Zoning Appeals should said lot meet all setback, front
and rear yard requirements of this law.
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 zone 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.
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 or to imprisonment or both 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)
State 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.
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 zone 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 120 square feet or less in gross floor area and not exceeding
15 feet in height, provided that it meets the area requirements of
the zone.
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.
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.
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.
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.
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.
A.
For the purpose of this chapter the Town of Ulysses is hereby divided
into the following zones:
|
A/R — Agricultural/Rural Zone
|
|
A2 — Special Agricultural Zone
|
|
R — Residential Zone
|
|
LS — Lakeshore Zone
|
|
CZ — Conservation Zone
|
|
RM — Multiple-Residence Zone
|
|
MHP — Manufactured Home Park
|
|
HC — Hamlet Center Zone
|
|
HN — Hamlet Neighborhood Zone
|
|
B1 — Business Zone
|
|
MZ — Marina Zone
|
|
OTMU — Office Technology Mixed-Use Zone
|
|
PR — Park/Recreation Zone
|
|
DD — Development District
|
|
WH — Waterburg Hamlet
|
B.
The boundaries of these zones 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.
Where uncertainty exists with respect to the exact boundaries
of a zone shown on the Zoning Map, the following rules shall apply:
A.
Where the Zoning Map indicates a zone boundary approximately on a
lot line, such lot line shall be construed to be the zone 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 zone
boundary line.
C.
In all cases where a distance is given between the road or highway
right-of-way line and a zone 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.
F.
In the case of a split lot, in which a zone boundary line runs through
a lot, zone standards are applied separately to each portion of the
lot.
G.
In the event that none of the above rules is applicable or if further
clarification is necessary, the location of a zone boundary shall
be determined by the Zoning Board of Appeals.
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.
This chapter upon its effective date shall supersede the following
local laws and ordinances:
A.
Town of Ulysses Zoning Ordinance own of Ulysses Trailer Park Ordinance
as adopted in 1968; and
B.
Town of Ulysses Subdivision Ordinance dated November 18, 1986; and
C.
Town of Ulysses Tower Ordinance as adopted March 17, 1997; and
D.
Town of Ulysses Site Plan Review Ordinance as adopted October 6,
1998; and
E.
Town of Ulysses Zoning Law, as adopted August 30, 2005; and
F.
Town of Ulysses Zoning Law amended by Local Law No. 4 on November
28, 2007; and
G.
Town of Ulysses Zoning Local Law No. 3 on December 17, 2013 (repealing
and re-enacting zoning law including lakeshore and conservation zones
plus non-conformance); and
H.
Town of Ulysses Zoning Local Law amended by Local Law No. 2 on June
10, 2014; and
I.
Town of Ulysses Zoning Local Law amended by Local Law No. 3 on August
12, 2014; and
J.
Town of Ulysses Zoning Local Law amended by Local Law No. 2 of 2015
on October 27, 2015 (only the portions of Local Law No. 2 of 2015
regarding zoning regulation that were not specifically preserved by
that local law); and
K.
Town of Ulysses Zoning Local Law amended by Local Law No. 3 on November
24, 2015 (including solar); and
L.
Town of Ulysses Zoning Local Law amended on February 28, 2017 (including
zoning violation fees); and
M.
Town of Ulysses Zoning Local Law amended on January 23, 2018 (including
Development District 8-boats and Development District 9-Flo-Tech)
and on May 22, 2018.
The Zoning Officer shall have the right upon reasonable 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.
