Ulysses Town City Zoning Code

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.

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.

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.

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.

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.

Compliance order.

Appearance tickets. The Zoning Officer is authorized to issue appearance tickets for any violation of this chapter.

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.

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.

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:

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.

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.

The issuance of building permits shall be the responsibility of the Code Enforcement Officer who shall be appointed by the Town Board.

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.

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.

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.

No sign shall be erected in excess of 12 square feet without a building permit.

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.

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.

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.

For the purpose of this chapter the Town of Ulysses is hereby divided into the following zones:

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 the Zoning Map indicates a zone boundary approximately on a lot line, such lot line shall be construed to be the zone boundary.

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.

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.

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.

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.

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.

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.

Town of Ulysses Zoning Ordinance own of Ulysses Trailer Park Ordinance as adopted in 1968; and

Town of Ulysses Subdivision Ordinance dated November 18, 1986; and

Town of Ulysses Tower Ordinance as adopted March 17, 1997; and

Town of Ulysses Site Plan Review Ordinance as adopted October 6, 1998; and

Town of Ulysses Zoning Law, as adopted August 30, 2005; and

Town of Ulysses Zoning Law amended by Local Law No. 4 on November 28, 2007; and

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

Town of Ulysses Zoning Local Law amended by Local Law No. 2 on June 10, 2014; and

Town of Ulysses Zoning Local Law amended by Local Law No. 3 on August 12, 2014; and

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

Town of Ulysses Zoning Local Law amended by Local Law No. 3 on November 24, 2015 (including solar); and

Town of Ulysses Zoning Local Law amended on February 28, 2017 (including zoning violation fees); and

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.