HomeMy WebLinkAboutHistory of Land Use RegulationA BRIEF HISTORY OF LAND USE REGULATION
TOWN OF ITHACA,TOMPKINS COUNTY,NEW YORK
One hundred and thirty-three years after its establishment,the Town
of Ithaca’s first Zoning Ordinance was adopted.It was October 7th,1954.
Seventeen years prior to this historic event,voters were first faced with
land use regulation,an effort that went down to defeat by special
referendum on August 10,1937.The vote was 282 to 151 and included the
people of Cayuga Heights.An equally unsuccessful move toward zoning
fizzled in 1946.
That first Zoning Ordinance was a thirteen—page,mimeographed
document delineating four zoning districts -—residence,business,
industrial,and agricultural.It was deemed a “permissive”ordinance;
that which was not specifically permitted could not be done without
variance or special approval of the Board of Appeals.There were
seventeen definitions,and nine Articles comprised of forty-nine Sections.
A “Zone Map’,dated July 1,1954,accompanied the document.The first
amendment occurred August 4th,1955,when restaurants became permitted
uses “only on special approval of the Town Board.”The first rezoning
occured on September 1st,1955,when all four corners at Danby and King
Roads were rezoned from a residential to a business district.It was not
until November 7th,1957 that a fifth zoning district,light industrial,
was added.
A five-member Zoning Board of Appeals was established and held its
first meeting on December 2nd,1954.Elmer Phillips had been appointed
Chairman;Town Supervisor,Harry Gordon,was the first Zoning Officer.By
August 4,1955,the Town Board had appointed a five-member Planning Board
with E.B.Watson as Chairman and present Town Councilman Frank R.Liguori
a member of that first Planning Board.On October 6th,1955,the Planning
Board was empowered to approve plats and on November 3rd,1955,that power
was expanded to include the approval of plats “following the procedure
required by Section 281 of the Town Law”,marking the advent of “cluster”
in Town land use regulations.Less than a year later,August 24th,1956,
the Planning Board adopted Subdivision Regulations which were approved by
the Town Board that same evening.The Planning Board,on May 2,1956,
appointed the first Town Planner,Neal Kravetz,as a “temporary town
planner for three months at a salary of $300 per month”.On October 6,
1956,the Town Board continued his employment at $1.50 per hour.It was
August 1st,1957 when the Town Board delegated site plan approval powers
to the Planning Board.
In 1957,the Town of Ithaca joined with the City of Ithaca,the
Village of Cayuga Heights,and the Town of Lansing to form the Greater
Ithaca Regional Planning Board,and by October 1959 the Ithaca Urban Area
General Plan was published,representing the first comprehensive plan
prepared for the Town.On February 5th,1959,the Town Board had expanded
the Planning Board from five to seven members.
On May 6th,1960,the “Revised Zoning Ordinance”had a new lock.It
was in a 27-page,published booklet form delineating eleven zoning
districts and incorporating fifteen amendments,six of which were
rezonings,which had occurred since 1954.There were 27 definitions,
fourteen Articles,and eighty-three Sections.There was a new definition
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History of Land Use Regulation/Town of tthaca August 1991
of “family”.The single term “Residence District”had become Residence
Districts R-9,R—lS,R-30,and Multiple Residence.The Business District
designation had become Business Districts “A”,“B”,“C”,and “D”.Light
Industrial,Industrial,and Agricultural rounded out the list.The Zoning
Map,dated April 1,1960,included a Zoning Schedule on its reverse side
and depicted those areas which had been rezoned as well as the expansion
of the City of Ithaca,through annexation,in both the Spencer Road/Elmira
Road area to the south and the area just south of Homestead Circle to the
east.
Juxtaposed with the 1954 definition of “family”as “any number of
persons of recogn±2ed family relationship maintaining a common household,
including domestic help”,the 1960 definition of a “family”is worthy of
note:“A family consists of one or more persons related by blood,
marriage or adoption or any domestic help,or gratuitous guests of a group
of not more than 7 persons who need not be related by blood,marriage or
adoption who are living together in a single dwelling unit and maintaining
a common household.’Consistent throughout each iteration of Town zoning
has been the permitting of single—and two—family dwellings in residential
districts,the second unit required to be fifty per cent the size of the
primary unit,unless it be in the basement.
Building permit fees were not increased ($2.50 for a principal
building and $1.00 for an accessory building),however,a $5.00 Appeals
fee was established and specific determinations which had to be made by
the Board of Appeals with respect to special approvals were set forth.
Five amendments occurred in 1960,three of which were rezonings.A new
booklet dated November 21,1960 resulted.
An Ordinance regulating unsafe buildings and collapsed structures had
been enacted on July 7,1960.On August 3rd,1961,the Town Board created
the office of Town Engineer and named B.K.Rough as the first Town
Engineer,an office he held through December 1964.The first Traffic
Ordinance went into effect on September 26,1961.
Although an updated Zoning Map was not published,on September 16th,
1963 an amended Ordinance was published adding the Business District “E”
zoning designation which had been adopted on July 6th,1961,and which
permitted restaurants,hotels/motels,clubhouses/lodges,and boat
harbors/marinas.A new Section,“46—a”,separating out the site plan
approval powers of the Planning Board from Section 46 was added.There
were thirteen amendments in all (five rezonings)incorporated into the
1963 Ordinance.
It was January 2,1964 when the Town of Ithaca became a first class
town.The Planning Board increased to eight,a full—time farmer being
that eighth member.
An updated Zoning Map appeared June 1st,1966 as a revision to the
April 1,1960 map.This map showed further expansion of the City in the
Coddington Road area of South Hill.The Zoning Ordinance was republished
incorporating the four amendments (two multiple residence rezonings)to
May 13,1966.Subsequently,a “new”Zoning Map was distributed showing a
date of December 20,1967.
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Hi’story of Land Use Regulation/Town of Ithaca August 1991
On February 12,1968 the Town Board adopted a substantially revised
Zoning Ordinance,which also included the six amendments through June of
1967 (five rezonings including four multiple residence),and which was
accompanied by a further update of the 1967 Zoning Map.The revisions to
the existing Ordinance consisted essentially of the definition of family,
the definition of boarding and rooming house;site plan approval (sections
46 and 46—a);building permit fees,and the omission of the requirement of
the submission of proposed amendments to the Planning Board and Board of
Appeals for a report.The Ordinance was now 28 pages long;nine Articles
and eighty—three Sections remained,although expanded;building permit
fees increased ranging from $2.50 to $150.00.It was still $5.00 to
appear before the Board of Appeals.
Noteworthy is that the first amendment to the “1968 Ordinance”was
the rezoning of approximately 25 acres in the East Ithaca area from
Residence District R—30 to Business District “C”,with an additional two
acres or so to Business “0”.East Hill Plaza resulted.
The definition of “family”in that 1968 Ordinance was:“a family
consists of one or more persons related by blood,marriage or adoption or
any domestic help,or gratuitous guests,or a group of one or more persons
occupying the premises and living as a single housekeeping unit,as
distinguished from a groupS occupying a boarding house,rooming house,
lodging house,club,fraternity,hotel or motel.”On May 11,1970,a
major change occured when the Town Board adopted as its definition that a
family “consists of one or more persons related by blood,marriage or
adoption”,and legislated that no more than three unrelated persons could
occupy either a single-or a two—family dwelling with the exception of R-9
Districts where the Board of Appeals could,by Special Permit,increase
the occupancy of either one—or two—family dwellings.
Sixteen years were to pass before an updated Zoning Ordinance was to
be distributed,however,there was no lack of activity in land use and the
regulation thereof.
A Highway Master Plan map was adopted by the Town Board on October
4th,1968.On December 31st,1969,the Town Board authorized the hiring
of Peter K.Francese as a Town Planning Consultant.His charge was to
assist the Planning Board in a complete rewriting of the Zoning Ordinance.
On July 13,1971,after successful special referendum,the Town of
Ithaca’s 29 water and sewer districts were dissolved and single Townwide
water and sewer districts were created.The Planning Board authored a Sign
Law which the Town Board adopted on May 8,1972.The Zoning Officer was
part—time as was the Town Planner.A full—time Town Engineer/Planner,
Lawrence P.Fabbroni,took office on May 13,1974;by July 1st he was the
Zoning Officer too.A rewritten Zoning Ordinance was completed by the
Planning Board in August 1974.It was not accepted.Another attempt was
made through 1976 and met the same fate.It was on December 3,1974 that
the Planning Board approved the first clustered subdivision in the Town --
the Longhouse Cooperative on Elm Street Extension.By 1978,Mr.Fabbroni
was the full—time Town Engineer;there was a full—time Planner and a
full—time Zoning Officer.
In 1975 the Town Board was expanded to seven,six councilmen rather
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History of Land Use Regulation/Town of Ithaca August 1991
than four,plus the Supervisor,and in November of that year,the Town
Board approved the Town of Ithaca Park and On Space Plan,which was
revised and edited in June of 1977 and updated in June of 1984.
1976 saw the enactment of a Dog Control Law and a Freshwater Wetlands
Protection,Preservation and Conservation Law.On March 31st,1977 the
Town Board,by Resolution,provided for “environmental quality review of
actions which may have a significant effect on the environment.”Reliable
sources have indicated that the Town of Ithaca was the first town in New
York State to enact a SEQR law.That first Town SEQR law was subsequently
revised and became Local Law No.3-1980,superseded by Local Law No.
5—1988 “providing for environmental review of actions in the Town of
Ithaca.”The Town has made “positive determinations of environmental
significance”in certain matters necessitating the preparation of
environmental impact statements.
In July of 1976,after several years of planning and construction,
the Bolton Point Water Treatment Plant,a joint entity project comprised
of the Towns of Ithaca,Lansing and Dryden,and the Villages of Cauga
Heights and Lansing,went on line a month ahead of schedule in order to
supply water to the City which had suffered a major transmission line
break having toppled into Six Mile Creek.Ironically,it was a City
moratorium on water hook—ups in the Town,essentially precluding any
development in the Town,that provided the catalyst for the creation of
“Bolton Point”.
On January 8,1979,the Town Board designated “the area commonly
known as Coy Glen”as a “‘critical area’of environmental concern”.The
Coy Glen Critical Environmental Area was the first CEA designated in the
State of New York.Local Law No.4-1979 regulated the maintenance of real
property in the Town of Ithaca and Local Law No.1-1980 established and
regulated the use of the Town bikeways which had been developed.By 1980
the Planning Board had rewritten the Sign Law,the Town Board enacting it
by Local Law on August 11th.The Traffic Ordinance had grown covering
more areas.Local Law No.4—1980 “provided for the erection of Radio
Transmission Towers in an Agricultural District.”Local Law No.1—1982
regulated the use of the several Town Parks which now dotted the
neighbcrhoods;it was amended by Local Law No.8-1985.The Planning Board
adopted new “Cluster Regulations”which the Town Board approved on
November 16,1982.By July 5,1983 the Planning Board had approved their
rewritten Subdivision Regulations,which the Town Board adopted on March
12,1984.Local Law No.2-1984 amended the Zoning Ordinance by adding
“Special Land Use District”(Limited Mixed Use)to the list of permissible
districts.
During the two-year period from July 1979 through July 1981 the
Zoning Ordinance was being completely rewritten by a Committee chosen for
that task.Town Planning and Engineering staff was involved.Drafts were
presented to the Town Board and several public hearings were held.
Institutional zones and Planning Board approval of special permits/
special approvals were among the several substantive changes proposed.As
consensus could not be arrived at throughout the public hearing process,
the matter was set aside.
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Hi!story of Land Use Regulation/Town of Ithaca August 1991
Throughout the latter part of the ‘70s through the mid—’80s a joint
sewer plant project involving the Towns of Ithaca and Dryden and the City
of Ithaca was underway.The result of those many years of effort was the
dedication of the multi—million dollar Ithaca Area Wastewater Treatment
Plant in 1986.A prodigious sewer use law had been enacted in 1980 and
was rewritten in 1984.
As of August 13,1984,an updated Zoning Ordinance was distributed,
adding seven definitions,for a total of 34,relating to flood hazard,
structure,and alteration,and a fifteenth Article comprised of five
Sections,known as Special Flood Hazard District.In all,26 amendments
(nineteen rezonings)were incorporated into that 1984 update.An
interesting note is that through the 1970s the Zoning Ordinance had been
amended by “resolution”;the l980s marked the beginning of amendment by
“local law”.
On April 1,1985 the Ordinance was updated again to reflect the six
amendments (two rezonings)which had occurred since August 1984.Included
was a new Article XV,Local Law No.5—1985,Relating to Flood Damage
Protection,Article XV,as a replacement for previous Article XV and
Sections 84 through 88.Included also were Special Land Use Districts No.
1 and No.2,Local Law No.3—1983,Multiple Residence District on East
King Road,and Local Law No.4—1984,the Sapsucker Woods Road Conversion.
The list of definitions had shrunk to 29.Site plan review of all
buildings and structures in Light Industrial and Industrial Districts was
required and special approval and site plan review of specified uses in
Residential Districts was provided for.In 1985 the Traffic Ordinance
grew even longer.
Another Zoning Ordinance update appeared on March 21,1986 reflecting
the five amendments (one rezoning)since April 1985.Significant were
Local Law No.10—1985 which defined a “family”as “two or more persons
related by blood,marriage,or adoption,and which redefined dwelling,
dwelling unit,one—family dwelling,two—family dwelling,and
multiple—family dwelling;Local Law No.1—1986 which added a new section,
59A,to Article XIII,on satellite dishes;Local Law No.2—1986 amending
the Zoning Ordinance “To Establish Districts Where Mobile Home Parks May
Exist and To Establish Regulations Pertaining To Same.”Thus was born,
Residence Districts R5,Article lI—A,accompanied by four new definitions.
It was on April 23rd,1987 that eleven parcels of land along East
Shore Drive were annexed by the Town of Ithaca from the City of Ithaca.
The installation of sprinkler systems in buildings in the Town of
Ithaca was required by Local Law No.7-1988 (amended by Local Law No.
10-1988 and No.10-1990).An updated Zoning Map was approved by the Town
Board on April 11,1988.In August 1989 the “Town of Ithaca Noise
Ordinance”was enacted.The Traffic Ordinance grew once again in 1988 and
more again in 1990.Flood damage prevention was enhanced by Local Law No.
3—1989.
In January 1990 the Town Board officially approved an updated Zoning
Ordinance which reflected thirty—one amendments (eleven rezonings).A new
format was in place ——two sections ——the Ordinance itself and an
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History of Land Use Regulation/Town of Ithaca August 1991
accompanying Appendix setting forth certain related local laws.
Significant changes in land use regulation had occurred,not all of which
can be listed here.Noteworthy,however,are the amendments pertaining
to:the addition of four Special Land Use Districts;the rezor.ing of 151
acres on Five Mile Drive substantially to R—30 with a smattering of R—15
and Multiple;the increasing of fees for building permits,certificates of
occupancy and cost of publication;the restoration of damaged buildings;
the permitting of day care facilities in Residential,Business,and
Industrial Zones;the prohibiting of the construction of more than one
principal building on any lot in any residential district;the providing
for an automatic termination of variances and special approvals if not
used;the clarification of the number of dwellings that can be located on
lots in residential zones;the amending and enlarging of the requirements
for buffer areas and landscaping,fencing,and screening in various zones;
the amending of setback and yard requirements in various zones;the
clarification and amendment of height limitations related to buildings and
structures;the amending of the requirements for building permits;the
addition of Section 84 with respect to fees.A most significant amendment
occurred on November 9,1989,when a completely rewritten definition of
“family was adopted,accompanied by amended requirements as to the
occupancy of one—and two—family dwellings and multiple residence
dwellings.The reader is referred to Local Law No.8—1989 for the full
text of this significant amendment,and also to Local Law No.1—1990 which
further defined “dwelling”and “dwelling unitT’and clarified tIne occupany
of two-family dwellings as the same had been set forth in Local Law No.
8—1989.
1990 also saw the Town requiring of a Generic Environmental Impact
Statement from Cornell University with respect to multi-million dollar
expansions occuring on certain lands of the University.
The last updated Ordinance to date appeared on March 20,1991,the
Appendix thereto remaining unchanged from the January 9,1990 version.
Eleven amendments had been enacted since January 9,1990,none of which
were rezonings.These included:an entirely new fee system (Section 84)
involving a fee schedule,application,and review fees;further definition
of height,basement,and cellar;regulation of the extraction or deposit
of fill and related products;amendment of the yard requirements on
irregular lots;the exemption of subdivisions from fill permits under
certain circumstances;amendment of the occupancy regulations with respect
to mobile home park districts;reference to the appointment of the Zoning
Board of Appeals Chair;provision for the amortization of certain
non—conforming uses;amendment of site plan procedures;the requirement
for affirmative recommendations of the Planning Board under certain
circumstances;the reqirement for site plan approval for certain
construction in various residential districts.
Since March 1991 to the date of this writing,three local laws
amending the Zoning Ordinance have been enacted having to do with the
excepting of certain approved site plans and approved subdivisions from
the requirement of obtaining fill permits,fees for building permits
including “Fees for Use Permits and Operating Permits”,and procedures for
site plan application and for modifications of site plans.
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History of Land Use Regulation/Town of Ithaca August 1991
It should not be overlooked that the Town of Ithaca has embraced the
many faces of the New York State Uniform Fire Prevention and Building Code
since February 1960.
Nor should it fail to be noted that a most important aspect of Town
land use regulation has been underway since January 1990 ——the
preparation of a Town of Ithaca Comprehensive Master Plan.This “Brief
History of Land Use Regulation in the Town of Ithaca”serves as background
to that significant effort.Further amendment of the Zoning Ordinance
will likely occur ,following its adoption.
Nancy M.Fuller
August 30,1991
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