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HomeMy WebLinkAboutLL 11 of 2012 Garages & Woodsheds Definitions & RequirementsAndrew M. Cuomo Governor State of New York Department of State One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 Cesar A. Perales Secretary of State Debra DeAugistine Deputy Town Clerk 215 N Tioga Street Ithaca NY 14850 August 23, 2012 RE: Town of Ithaca, Local Law 9,10,11 2012, filed on August 20, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.nv.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.NY.GOV • E-MAIL: INFO@DOS.NY.GOV NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. □ County □ City Ithaca I) Town □ Village Local Law No. JJ of the year 20 A local law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definitions of(Insert Title) ~ and Requirements for Garages and Woodsheds Be it enacted by the Town Board of the (Name of Legislative Body) □ County ^ of Ithaca as follows: B Town □ Village See attached (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 05/05) Page 1 of 3 (Complete the certification in the paragraph that appiies to the filing of this local law and strike out that which is not appiicable.) 1. (Finai adoption by local legisiative body only.) ^ I hereby certify that the local law annexed hereto, designated as local law No. of 20 2012 of the (County)(City)(Town)(Village) of jthaca passed by the (NameofTegislative Body) AugusMS 20 12 . in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approvai, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of vvas duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No, of 20 of the (County)(City)(Town)(Village) of vvas duly passed by the on 20 , and was (approved)( not approved) (Name of Legislative Body) n ^ (repassed after disapproval) by the ^on 20 ' (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 „ in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of ____ vvas duly passed by the (Name ofiegislative Body) (approved )(not approved) (repassed after disapproval) by the „ on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOs-239 (Rev. 05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) ^,«!Ji4;iereby certify that the iocal law annexed hereto, designated as local law No of 20 of e City of having been submitted to referendum pursuant to the provisions of section (36)(37) of e Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting iiiereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please pmvlde an appropriate certification.) I further certify that I have compared the preceding local law with the origi^ on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, afnd^as anaJb^dopte^j^^ manner indicated in paragraph -4 above. ^ ^ Clerk i^k^Town or Village Clerk or - ^ officer designated by loc^l leglsl^lve body (Seal). - r ; - Date: (Certification to be^executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other ^jt|thorlzed attorney of locality.) ME OF NEW YORK UNTY OF Tompkins I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City^j, Ithaca Town Village Date: DOS-239 (Rev. 05/05)Page 3 of 3 Adopted 8-13-2012 1 TOWN OF ITHACA LOCAL LAW NO. 11 OF THE YEAR 2012 A Local Law Amending the Zoning Chapter of the Town of Ithaca Code Regarding Definitions of and Requirements for Garages and Woodsheds Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, §270-5 titled “Definitions” is amended as follows: A. Delete the definition for “Garage” and replace it with a new definition for “Garage” as follows: “GARAGE—A portion of a building, or a detached covered building, designed to be used primarily for storage of automobiles and other similar motor vehicles. For a garage that is part of a building, the garage use must be subordinate and clearly incidental to the use of the rest of the building. For a detached garage, the garage building must be subordinate and clearly incidental to the principal building, and be located on the same lot as the principal building except as otherwise specifically permitted by this chapter.” B. Add a definition for “Carport” as follows: “CARPORT—See GARAGE.” C. Add a definition for “Woodshed” as follows: “WOODSHED—An accessory building used exclusively for the storage of firewood and which has at least one side that has no wall.” Section 2. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, § 270-17 titled “Yard regulations,” is amended as follows: A. Delete subsection F, titled “Accessory buildings”, and replace it with a new subsection F reading as follows: “F. Accessory buildings: In Conservation Zones accessory buildings other than garages, and other than woodsheds meeting the requirements of subsection H below, may not occupy any open space other than a rear yard. The total lot area covered by nonagricultural accessory buildings (including garages and woodsheds) may not occupy more than 1,000 square feet of any required rear yard. Accessory buildings other than garages shall be not less than 50 feet from any side or rear lot line.” Adopted 8-13-2012 2 B. Add a new subsection G reading as follows: “G. Garages: An attached or detached garage may occupy any yard provided that it shall be no less than 50 feet from the front property line, no less than 50 feet from a side line, and no less than 50 feet (detached garages) or 200 feet (attached garages) from a rear line. All detached garages in the aggregate shall not exceed a total of 600 square feet in size. Detached garages shall be included in the calculations of nonagricultural accessory buildings that, in the aggregate, may not occupy more than 1,000 square feet of any required rear yard. Notwithstanding the foregoing, the following shall apply: (1) A one-story detached garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners, provided that there is at least one garage bay on each lot, and further provided that the garage meets the front property line setback requirement above. (2) Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story detached garage capable of housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals.” C. Add a new subsection H reading as follows: “H. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the highest point of which is no more than 10 feet above ground level may occupy a side yard, provided that the total storage space of all woodsheds in a side yard shall not be more than 1,000 cubic feet. A woodshed in a side yard shall be not less than 50 feet from any side lot line.” Section 3. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, § 270-45 titled “Height limitations”, is amended by deleting the last sentence and replacing it with the following sentence: “Accessory buildings other than garages shall in no case exceed 20 feet in height, and detached garages shall in no case exceed 15 feet in height.” Section 4. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, § 270-46 titled “Yard regulations”, is amended as follows: Adopted 8-13-2012 3 A. Delete subsection C, titled “Side yards”, and replace it with a new subsection C reading as follows: “C. Side yards: Each not less than 20 feet in width.” B. Delete subsection E, titled “Accessory buildings”, and replace it with a new subsection E reading as follows: “E. Accessory buildings. (1) In Lakefront Residential Zones accessory buildings other than garages may occupy any yard. Accessory buildings (including garages), in the aggregate, may occupy not more than 15% of any required front, side or rear yard and, if other than a garage, shall be not less than 30 feet from the front property line, nor less than three feet from any side or rear lot line. (2) Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story accessory building may be located not less than five feet from said street line, provided a garage is not located in the same yard, and further provided a special approval is received from the Board of Appeals. (3) Where applicable, the additional setback requirements of subsection F below shall also apply.” C. Add a new subsection H reading as follows: “H. Garages: An attached or detached garage may occupy any front or side yard provided that it shall be no less than 30 feet from the front property line, nor less than 20 feet from a side line. All detached garages in the aggregate shall not exceed a total of 600 square feet in size. Notwithstanding the foregoing, the following shall apply: (1) In one of the side yards, a one-story garage, either attached to the principal building or separate therefrom, may be no less than 15 feet from a side line which is not a street line. (2) Notwithstanding the foregoing, a one-story detached garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners, provided that there is at least one garage bay on each lot, and further provided that the garage meets the front property line setback requirement above. Adopted 8-13-2012 4 (3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story detached garage capable of housing not in excess of two cars may be located not less than five feet from said street line, provided an accessory building is not located in the same yard, and further provided a special approval is received from the Board of Appeals.” Section 5. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, § 270-60 titled “Yard regulations”, is amended as follows: A. Delete subsection C, titled “Side yards”, and replace it with a new subsection C reading as follows: “C. Side yards: Each not less than 40 feet in width.” B. Delete subsection E, titled “Accessory buildings”, and replace it with a new subsection E reading as follows: “E. Accessory buildings. In Low Density Residential Zones accessory buildings other than garages, and other than woodsheds meeting the requirements of subsection G below, may not occupy any open space other than a rear yard. Accessory buildings (including garages and woodsheds), in the aggregate, may occupy not more than 15% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage, on a corner lot shall be not less than five feet from the rear lot line.” C. Add a new subsection F reading as follows: “F. Garages: An attached or detached garage may occupy any yard provided that it shall be no less than 30 feet from the front property line, no less than 40 feet from a side line, and no less than 50 feet from a rear line. All detached garages in the aggregate shall not exceed a total of 600 square feet in size. Detached garages shall be included in the calculations of accessory buildings that, in the aggregate, may not occupy more than 15% of any required rear yard. Notwithstanding the foregoing, the following shall apply: (1) In one of the side yards, a one-story garage, either attached to the principal building or separate therefrom, may be no less than 15 feet from a side line which is not a street line. In the rear yard, a one-story detached garage may be no less than five feet from any side or rear lot line. (2) A one-story detached garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by Adopted 8-13-2012 5 mutual agreement between adjoining property owners, provided that there is at least one garage bay on each lot, and further provided that the garage meets the front property line setback requirement above. (3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story detached garage capable of housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals.” D. Add a new subsection G reading as follows: “G. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the highest point of which is no more than 10 feet above ground level may occupy a side yard, provided that the total storage space of all woodsheds in a side yard shall not be more than 1,000 cubic feet. A woodshed in a side yard shall be not less than three feet from any side lot line.” Section 6. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, § 270-71 titled “Yard regulations”, is amended as follows: A. Delete subsection C, titled “Side yards”, and replace it with a new subsection C reading as follows: “C. Side yards: Each not less than 15 feet in width.” B. Delete subsection E, titled “Accessory buildings”, and replace it with a new subsection E reading as follows: “E. Accessory buildings. In Medium Density Residential Zones accessory buildings other than garages, and other than woodsheds meeting the requirements of subsection G below, may not occupy any open space other than a rear yard. Accessory buildings (including garages and woodsheds), in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage, on a corner lot shall be not less than five feet from the rear lot line.” C. Add a new subsection F reading as follows: “F. Garages: An attached or detached garage may occupy any yard provided that it shall be no less than 25 feet from the front property line, no less than 15 feet from a side line, and no less than 30 feet from a rear line. All detached garages in the aggregate shall not exceed a total of 600 square Adopted 8-13-2012 6 feet in size. Detached garages shall be included in the calculations of accessory buildings that, in the aggregate, may not occupy more than 40% of any required rear yard. Notwithstanding the foregoing, the following shall apply: (1) In one of the side yards, a one-story garage, either attached to the principal building or separate therefrom, may be no less than 10 feet from a side line which is not a street line. In the rear yard, a one-story detached garage may be no less than five feet from any side or rear lot line. (2) A one-story detached garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners, provided that there is at least one garage bay on each lot, and further provided that the garage meets the front property line setback requirement above. (3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story detached garage capable of housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals.” D. Add a new subsection G reading as follows: “G. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the highest point of which is no more than 10 feet above ground level may occupy a side yard, provided that the total storage space of all woodsheds in a side yard shall not be more than 1,000 cubic feet. A woodshed in a side yard shall be not less than three feet from any side lot line.” Section 7. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, § 270-82 titled “Yard regulations”, is amended as follows: A. Delete subsection C, titled “Side yards”, and replace it with a new subsection C reading as follows: “C. Side yards: Each not less than 10 feet in width.” B. Delete subsection E., titled “Accessory buildings”, and replace it with a new subsection E reading as follows: “E. Accessory buildings. In High Density Residential Zones accessory buildings other than garages, and other than woodsheds meeting the Adopted 8-13-2012 7 requirements of subsection G below, may not occupy any open space other than a rear yard. Accessory buildings (including garages and woodsheds), in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage, on a corner lot shall be not less than five feet from the rear lot line.” C. Add a new subsection F reading as follows: “F. Garages: An attached or detached garage may occupy any yard provided that it shall be no less than 25 feet from the front property line, no less than 10 feet from a side line, and no less than 30 feet from a rear line. All detached garages in the aggregate shall not exceed a total of 600 square feet in size. Detached garages shall be included in the calculations of accessory buildings that, in the aggregate, may not occupy more than 40% of any required rear yard. Notwithstanding the foregoing, the following shall apply: (1) In one of the side yards, a one-story garage, either attached to the principal building or separate therefrom, may be no less than seven feet from a side line which is not a street line. In the rear yard, a one-story detached garage may be no less than five feet from any side or rear lot line. (2) A one-story detached garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners, provided that there is at least one garage bay on each lot, and further provided that the garage meets the front property line setback requirement above. (3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story detached garage capable of housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals.” D. Add a new subsection G reading as follows: “G. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the highest point of which is no more than 10 feet above ground level may occupy a side yard, provided that the total storage space of all woodsheds in a side yard shall not be more than 1,000 cubic feet. A woodshed in a side yard shall be not less than three feet from any side lot line.” Adopted 8-13-2012 8 Section 8. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 9. This local law shall take effect immediately upon filing with the New York Secretary of State.