HomeMy WebLinkAbout1993 Zoning Ordinance I
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SECTION 50. Special Requirements .................... 50
SECTION 50-a. Site Plan Approvals ................... 51
ARTICLE XI AGRICULTURAL DISTRICTS ............. 52
A SECTION 51. Use Regulations .................... 52
SECTION 51A. Radio Transmission Towers .............. 52
ARTICLE XII NON -CONFORMING USES ............... 56
SECTION 52. Continuation of Existing Lawful Uses ......... 56
SECTION 53. Abandonment of Use .................... 56
SECTION 54. Alterations .................... 56
SECTION 55. Changes .................... 56
SECTION 56. Restoration .................... 56
SECTION 56A. Amortization of Certain Non -Conforming Uses... 57
ARTICLE XIII GENERAL PROVISIONS .................
59
SECTION 57. Existing Lots ....................
59
SECTION 58. Building Floor Area ....................
59
SECTION 59. Trailers ....................
59
SECTION 59A. Dish Antennae ...............
59
SECTION 60. Junk or Salvage Yards ..................
60
SECTION 61. Front Yard Transition ...................
61
SECTION 62. Side Yard on Corner Lot .................
61
SECTION 63. Side and Rear Yard Transition ..............
61
SECTION 64. Porches and Carports ...................
61
SECTION 65. Fences and Walls ....................
61
SECTION 66. Projections in Yards ....................
61
SECTION 67. Reduction of Lot Area ..................
61
SECTION 68. More than One Building on a Lot ...........
62
SECTION 69. Parking Facilities ....................
62
SECTION 70. Extraction or Deposit of Fill and Related Products...
62
SECTION 71. Public Garages & Gasoline Sales Stations.......
65
SECTION 72. Approval of County Health Department ........
65
SECTION 73. Abandoned Cellar Holes and Buildings.........
66
ARTICLE XIV ADMINISTRATION ....................
67
SECTION 74. Enforcement ....................
67
SECTION 74E. Applications for Approvals, Remedies or Relief ..
67
SECTION 75. Permit to Build ....................
67
SECTION 76. Certificate of Occupancy .................
69
SECTION 76-A. Fees for Use Permits, Operating
Permits and Inspections ....................
69
SECTION 77. Board of Appeals ....................
70
SECTION 78. Planning Board Recommendations............
73
SECTION 78-A. Posting of Notices ....................
74
SECTION 79. Violations and Penalties ..................
75
SECTION 80. Amendments .................... 75
SECTION 81. Validity .................... 75
SECTION 82. When Effective .................... 76
SECTION 83. Existing Zoning Ordinance Amended,
Re -Adopted and Re -Enacted .................... 76
SECTION 84. Fees .................... 76
APPENDIX
Local Laws Amendine the Zonine Ordinance
ARTICLE XV LOCAL LAW #5 - 1985 RELATING TO
FLOOD DAMAGE PROTECTION...........
A-1
SECTION 1.0 Statutory Authorization and Purpose ......
A-1
1.1
Findings ...................
A-1
1.2
Statement of Purpose ...........
A-1
1.3
Objectives ..................
A-2
SECTION 2.0 Definitions ....................
A-2
SECTION 3.0 General Provisions .................
A-6
3.1
Lands to which this Local Law
Applies ....................
A-6
3.2
Basis for Establishing the Areas
of Special Flood Hazard .........
A-6
3.3
Interpretation, Conflict with
other Laws .................
A-6
3.4
Severability .................
A-7
3.5
Penalties for Non -Compliance......
A-7
3.6
Warning and Disclaimer of Liability..
A-7
SECTION 4.0 Administration ....................
A-8
4.1
Requirement for Development Permit .
A-8
4.2-1
Development Permit Application ....
A-8
4.2-2
Duties of Owner ..............
A-9
4.3
Duties and Responsibilities of the
Building Inspector .............
A-10
4.3-1
Permit Application Review........
A-10
4.3-2
Use of Other Base Flood and
Floodway Data ...............
A-10
4.3-3
Information to be Obtained and
Maintained .................
A-10
4.3-4
Alteration of Watercourses........
A-11
4.3-5
Interpretation of Firm Boundaries ...
A-11
4.3-6
Stop Work Orders .............
A-11
4.3-7
Inspections .................
A-12
4.3-8
Certificate of Compliance ........
A-12
SECTION 5.0 Provisions for Flood Hazard Reduction.........
A-12
5.1
General Standards .............
A-12
5.1-1
Anchoring ..................
A-13
5.1-2
Construction Materials and Methods..
A-13
5.1-3
Utilities ...................
A-13
5.1-4
Subdivision Proposals...........
A-14
5.1-5
Encroachments ...............
A-14
5.2
Specific Standards .............
A-15
5.2-1
Residential Construction .........
A-15
5.2-2
Nonresidential Construction .......
A-15
5.3
Floodways..................
A-16
SECTION 6.0 Variance Procedure .................
A-16
6.1
Appeals Board ...............
A-16
6.2
Conditions for Variances.........
A-18
Resolution of the Town Board - February 26, 1973 - establishing
multiple residence district and a cluster development therein on
property of Schickel Environmental Development Company on
Honness Lane .................... A-20
Local Law No. 3 - 1983 - Changing the zoning classification to
multiple residence district from a residence district R-15 of a
parcel of land located on the north side of East King Road
designated on the current tax assessment map of the Town of
Ithaca on parcel no. 44-1-4.3 .................... A-27
Related resolution on rezoning from Residential 15 to Multiple
Residence District the same parcel of land, now referred to as
Majestic Heights, made by Bill J. Manos,
Applicant, Owner and Developer ................. A-32
Local Law No. 2 - 1984 - Adding to the list of permissible
districts which may be designated as Special Land Use District
(Limited Mixed Use) .................... A-36
Local Law No. 3 - 1984 - Relating to the Walter J. and Joyce Y.
Wiggins La Tourelle development on Ithaca-Danby Road (Route 96b).... A-38
Local Law No. 4 - 1984 - Relating to Rocco Lucente - Sapsucker
Woods Road subdivision to permit conversion of 14 dwelling units ..... A-43
Local Law No. 4 - 1986 - To amend the Zoning Ordinance to
provide a Special Land Use District (Limited Mixed Use) at the
Biggs Complex owned by Tompkins County ................... A-48
Local Law No. 1 - 1987 - Providing a Special Land Use District
(limited mixed use) at the former Cornell University Statler West
Complex .................... A-53
Local Law No. 6 - 1987 - Rezoning a portion of land at 136-146
Seven Mile Drive from R-30 (residential district) to R-5 (mobile
home park district) .................... A-56
Local Law No. 10 - 1987 - Rezoning the former Oddfellows
Carriage House from residence district R-30 to multiple
residence district .................... A-62
Local Law No. 2 - 1988 - Providing a special land use district
(limited mixed use) at 904-906 East Shore Drive for the Tompkins
County Chamber of Commerce .................... A-65
Local Law No. 2 - 1989 - Providing a special land use district
(limited mixed use) for the Indian Creek Retirement community
on Trumansburg Road owned by CMH associates ................ A-69
Local Law No. 15 - 1992 - Rezoning a portion of land along King
Road from Residence District R-30 to Residence District R-15........ A-76
Local Law No. 22 - 1992 - Rezoning the former Chase Pond premises
on King Road East from Multiple Residence District to Residence
Districts R15 and R30 .................... A-78
ZONING ORDINANCE
OF THE TOWN OF ITHACA, NEW YORK
RE -ADOPTED, AMENDED AND REVISED AS OF JANUARY 27, 1993
(Effective February 26, 1968)
For the purpose of promoting the health, safety, morals or the general welfare of the
community, and to lessen congestion in the streets, to secure safety from fire, panic and other
dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue
concentration of population, to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements, under and pursuant to the Laws of the
State of New York, the size of buildings and other structures, the percentage of lot that may be
occupied, the size of yards, the density of population, and the location and use of buildings,
structures and land for trade, industry, residence or other purposes, are hereby restricted and
regulated as hereinafter provided.
ARTICLE I
SECTION 1. Definitions. For the purpose of this ordinance certain words and terms shall have
the following meaning unless the context otherwise requires.
1. Words used in the present tense include the future; the singular number includes the
plural, and the plural the singular; the word "building" includes the word "structure";
and the word "occupied" includes the words "designed or intended to be occupied"; the
word "used" includes the words "arranged, designed or intended to be used"; and the
word "he" includes "it" and "she".
2. A "lot" is a parcel of land which may be occupied by one or more principal buildings
and the accessory buildings for uses customarily incident to it, including such open
spaces as are used in connection with such buildings.
3. A "lot line" is a property boundary of a lot.
4. The "lot area" shall not include any portion of a public highway right of way that may
be included within deed description of the lot.
4-a. The "depth" of a lot shall mean the distance between a point on the street line and the
rear of the lot measured perpendicularly from the street line. A lot need meet the
minimum depth requirements set forth in this Ordinance at only one point and not
uniformly throughout the lot's entire width.
Zoning Or.1, wpSllzon, 1177193
4-b. "Height from lowest interior grade" as it relates to a building means the vertical distance
measured from the surface of the lowest level (floor of a crawl space, basement floor,
slab, or other floor, even if below exterior grade level) in contact with the ground
surface to the highest point of the roof, excluding chimneys, antennae, and other similar
protuberances. When the measurement of height from the lowest interior grade is made
from the floor of a cellar the maximum permissible height from lowest interior grade
shall be increased by four feet. This permitted increase shall not apply when the
measurement is from any other floor, including a basement floor, slab or other floor.
4-c. "Height from lowest exterior grade" as it relates to a building means the vertical distance
from the lowest point of the exterior finished grade adjacent to the wall of the building
to the highest point of the roof, excluding chimneys, antennae and other similar
protuberances.
4-d. "Height" as it relates to a structure other than a building means the distance measured
from the lowest level or portion of the structure (slab or base) in contact with the ground
surface to the highest point at the top of the structure.
4-e. A "basement" is that space of a building that is partly below grade which has more than
half of its height, measured from floor to ceiling, above the average finished grade of the
ground adjoining the building.
4-f. A "cellar" is that space of a building that is partly or entirely below grade, which has
more than half of its height, measured from floor to ceiling, below the average finished
grade of the ground adjoining the building.
5. A "family" consists of
(a) An individual, or
(b) Two or more persons occupying a single dwelling unit, related by blood,
marriage, or legal adoption, living and cooking together as a single housekeeping
unit, or
(c) Two ur►rclated persons, occupying a single dwelling unit, living and cooking
together as a single housekeeping unit.
(d) Notwithstanding the provisions of paragraph (c) of this definition, a group
of unrelated persons numbering more than two (2) shall be considered a family
upon a determination by the Zoning Board of Appeals that the group is a
functional equivalent of a family pursuant to the standards enumerated in
paragraph (f) herein.
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Zoning Or.], xpSllzon, 1127193
(e) Before making a determination whether a group of more than two unrelated
persons constitutes a family for the purpose of occupying a dwelling unit, as
provided for in paragraph (d) of this definition, the Zoning Board of Appeals
shall hold a public hearing, after public notice, as is normally required for the
obtaining of a variance. The fee for such an application shall be the same as is
required for an application for a variance. Said application shall be on a form
provided by the Zoning Board of Appeals or Zoning Enforcement Officer.
(f) In making a determination under paragraph (d) the Board of Appeals shall
find:
(i) The group is one which in theory, size, appearance and structure
resembles a traditional family unit.
(ii) The group is one which will live and cook together as a single
housekeeping unit.
(iii) The group is of a permanent nature and is neither merely a
framework for transient or seasonal (including as "seasonal" a period of
an academic year or less) living, nor merely an association or relationship
which is transient or seasonal in nature. In making this finding, the
Zoning Board of Appeals may consider, among other factors, the
following:
(a) Whether expenses for preparing of food, rent or ownership
costs, utilities, and other household expenses are shared and
whether the preparation, storage and consumption of food is
shared.
(b) Whether or not different members of the household have the
same address for the purposes of
(i) Voter registration.
(ii) Drivers license.
(iii) Motor vehicle registration.
(iv) Summer or other residences.
(v) Filing of taxes.
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Zoning Or.1, wp511zon, 1177193
(c) Whether or not furniture and appliances are commonly owned
by all members of the household.
(d) Whether or not any children are enrolled in local schools.
(e) Whether or not householders are employed in the local area.
(f) Whether or not the group has been living together as a unit for
an extended period of time, whether in the current dwelling unit
or other dwelling units.
(g) Any other factor reasonably related to whether or not the
group of persons is the functional equivalent of a traditional
family.
(iv) In malting determinations under this section, the Zoning Board of
Appeals shall not be required to consider the matters set forth in Section
77 of this Ordinance.
(g) Notwithstanding the provisions elsewhere provided herein, if the following
limitations result in a lesser permitted number of occupants than would be
permitted under the definition of family set forth above and the regulations of
each zone set forth later in this Ordinance, the number of occupants, related or
otherwise, shall not exceed the maximum numbers determined on the basis of
habitable space of each dwelling unit as follows:
(i) A minimum of 150 square feet of habitable space for the first
occupant; and
(ii) 80 square feet of habitable space for each additional person in each
dwelling unit.
In no case shall the enclosed floor area be less than required by Section 58 of this
Ordinance.
Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and
other service or maintenance space shall be excluded in determining "habitable
space".
5-a. A "building" is a structure having a roof supported by columns or by walls and intended
for shelter, housing, protection or enclosure of persons, animals or property.
4
Zoning Or.1, wpSllzon, 1127193
6. A "dwelling" is a building designed or used exclusively as the living quarters for one or
more families.
7. A "dwelling unit" is a dwelling, or portion of a dwelling, providing complete living
facilities for one family.
8. A "one -family dwelling" is a detached building containing a single dwelling unit.
9. A "two-family dwelling" is a detached building containing two dwelling units.
10. A "multiple -family dwelling" is a building or group of buildings on one lot containing
three or more dwelling units.
11. Boarding House: Any dwelling in which more than three persons either individually or
as families are housed or lodged for hire with or without meals. A rooming house or a
furnished rooming house shall be deemed a boarding house.
12. A "tourist house" is a building originally built and used as a dwelling other than a hotel
or motel in which accommodations for transients are offered for compensation.
13. A "hotel or motel" is a building containing rooms designed and originally planned to be
rented or hired out for living or sleeping accommodations for transient occupancy.
14. A "clubhouse or lodge" is a building or premises used exclusively by members of an
:. organization and their guests which premises or buildings are devoted to recreational or
athletic purposes, not primarily conducted for gain. It excludes commercial and
merchandising activities for other than its own membership.
15. A "hospital" is an establishment for temporary occupation by the sick or injured for the
purpose of medical treatment, but does not include an establishment for permanent
occupation by the poor, infirm, incurable or insane.
16. A "nursing or convalescent home" is a building other than a hospital where sick or
infirmed persons are lodged, furnished with meals and nursing care for hire, except
persons who are mentally lii, mentally deficient, drug addicts or alcoholic patients.
17. A "front yard" is the open space between the street right of way line and the front line
of the principal building, exclusive of overhanging eaves and other permissible
projections, extended to the side lines of the lot.
5
Zoning Or.l, wpSl izon, 1177193
18. A "rear yard" is the open space between the rear lot line and the rear line of the
principal building, exclusive of overhanging eaves and other permissible projections,
extended to the side lines of the lot.
19. A "side yard" is the open space between the principal building, exclusive of overhanging
eaves and other permissible projections, and a side lot line and extending through from
the front yard to the rear yard.
20. An "accessory building" is a building subordinate and clearly incidental to the principal
building on the same lot and used for purposes customarily incidental to those of the
principal building.
21. "Storage" is the outdoor accumulation or laying -up of manufactured products or raw
materials, or the keeping of one or more pieces of movable equipment other than
pleasure automobiles.
22. A "non -conforming use" is a use of land existing at the time of enactment of this
ordinance and its amendments which does not conform to the zoning regulations of the
district in which it is situated.
23. A "farm" is any parcel of land containing at least 3 acres which is used in the raising of
agricultural products, such as crops, livestock, poultry, and dairy goods. It includes
structures necessary to the production and storage of agricultural products and equipment.
24. A "street line" is the limit of the right of way of a street, road or highway. Where the
word street appears this also means highway or road.
25. A "flashing sign" is any illuminated sign on which the artificial light is not maintained
stationary and/or constant in intensity and color at all times.
26. A "clinic" is a building or any part of a building which is used for the group practice of
medicine by several physicians in which certain facilities other than reception are shared
by the occupants and in which patients are diagnosed or treated by physicians specializing
in various ailments and practicing as a group.
27. A "parking space" is an area for the temporary parking of an automobile 180 square feet
in size exclusive of the parking lot circulation areas.
28. A "structure" is anything that is constructed or erected on the ground or upon another
structure or building. "Structure" also includes anything that is constructed or erected
underground and projects up to the ground surface or above, or anything that is
constructed or erected wholly underground other than utility lines, septic and water
G
Zoning Or.], %pSI izon, 1127193
systems, or other similar types of underground construction wholly ancillary to a
principal building or structure on the premises. "Structure" also includes constructed
parking spaces. The term "structure" includes a building.
29. "Alteration" is as applied to a building or structure, a change or rearrangement in the
structural parts or in the exit facilities or an enlargement, whether by extending on a side
or by increasing in height; or moving from one location or position to another; the term
"alter" in its various modes and tenses and its participial form, refers to the making of
an alteration.
35. A "dish antenna" is a large parabolic antenna used to receive television, radio,
microwave, or other electronic signals from orbiting satellites. A dish antenna may also
be known as a satellite antenna or satellite earth station. A dish antenna shall be
considered a structure for purposes of obtaining a Building Permit.
36. A "mobile home" is a transportable dwelling unit suitable for year-round occupancy. A
mobile home is designed and built to be towed on its own chassis, comprised of frame
and wheels, and connected to either public or private utilities. The unit may contain
parts which may be folded, collapsed, or telescoped when being towed and expanded
later to provide additional cubic capacity. A mobile home may also be designed as two
or more separately towable components designed to be joined into one integral unit
capable of again being separated into the components for repeated towing. This
definition excludes travel or camping trailers towed by an automobile and neither wider
than 8 feet nor longer than 32 feet. Self-propelled motor homes, or modular housing
w which is not built with an integral chassis and which must be transported on a separate
vehicle from factory to housing site are also excluded from this definition. A mobile
home shall be considered a one -family dwelling for purposes of determining permitted
occupancy.
37. A "mobile home lot" is a parcel of land used for the placement of a single mobile home
and the exclusive use of its occupants. This lot may be located only in a mobile home
park as defined by this ordinance.
38. A "mobile home park" is a parcel of land owned by an individual, partnership, or
coiYoiatioii w MAI IM3 been piaiuJed and Improved for the placement of mobile homes.
39. A "mobile home stand" is that part of an individual mobile home lot which has been
reserved and improved for the placement of the mobile home, appurtenant structures and
additions.
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Zoning Or.l, wpSllzon, 1127193
40. A "day care home" is a facility, home, or other establishment, other than a school, at
which day care is provided for hire for up to three children under the age of sixteen
years.
41. A "group day care facility" is a facility, home, or other establishment licensed by the
New York State Department of Social Services or certified by the Tompkins County
Department of Social Services, other than a school, at which day care is provided for
hire for more than three, but no more than eight, children under the age of sixteen years.
42. A "group family day care home" shall have the definition set forth in Section 390 of the
Social Services Law of the State of New York, Subdivision 13(a) and shall be licensed
by the New York State Department of Social Services, or certified by the Tompkins
County Department of Social Services.
43. A "day care center" is a facility, home, or other establishment licensed by the New York
State Department of Social Services or certified by the Tompkins County Department of
Social Services, at which day care is provided for hire, and which is not a school, day
care home, group day care facility, or group family day care home.
0
Zoning Or.1, wpSllzon, 1l27193
ARTICLE II
ESTABLISEMIENT OF DISTRICTS
SECTION 2. Districts. For the purpose of this ordinance the Town of Ithaca is hereby divided
into 15 types of districts as follows:
Residence Districts R5
Residence Districts R9
Residence Districts R15
Residence Districts R30
Multiple Residence Districts
Agricultural Districts
Business Districts A
Business Districts B
Business Districts C
Business Districts D
Business Districts E
Light Industrial Districts
Industrial Districts
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use)
- In accordance with and pursuant to Local Law #2-1984
Special Land Use District #1
- In accordance with and pursuant to Local Law #3-1984
Special Land Use District #2
- In accordance with and pursuant to Local Law #4-1984
Special Land Use District #3 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #4-1986
Special Land Use District #4 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #1-1987
Special Land Use District #5 (Limited Mixed Use)
In accordance with and pursuant to Local Law #2-1988
Special Land Use District #6 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #2-1989
Said districts are set forth on the map accompanying this ordinance, entitled Zone Map, dated
July 1, 1954, as amended to 1968, and signed by the Town Clerk. Said map and all explanatory
matter thereon and amendments thereto are hereby made a part of this ordinance. [The Zoning
Map has been subsequently re -adopted through April 11, 1988 and by separate Local Laws has
been further amended from time to time where areas may have been rezoned.]
Zoning Or.1, wp511zon, 1127193
SECTION 3. District Boundaries. Where uncertainty exists with respect to the exact
boundaries of the various districts as shown on the Zone Map, the following rules shall apply.
1. The district boundaries are lot lines unless otherwise shown, and where the designation
on the Zone Map indicates a boundary approximately upon a lot line, such lot line shall
be construed to be the boundary.
2. Distances shown on the Zone Map are perpendicular or radial distances from street lines
measured back to the zone boundary line, which lines, in all cases where distances are
given, are parallel to the street line.
3. Where the boundary of a district follows a stream, lake, or other body of water, said
boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Ithaca,
unless otherwise designated.
4. In other cases the boundary line shall be determined by use of the scale on the Zone
Map.
5. Any lands existing in the Town of Ithaca which are unzoned at the time of the adoption
of this amendment, and any lands hereafter added to the Town of Ithaca by annexation
or otherwise, are hereby zoned Residence District R15. Any such after -acquired lands
shall be automatically zoned Residence District R15 upon such acquisition, except that
such lands may be thereafter rezoned to any other zone, notwithstanding the provisions
of Section 31.
SECTION 3.5. Prohibition of Uses. All uses not specifically set forth as permitted uses in
a zoning district are expressly prohibited as uses in that zoning district. A use specifically
permitted in one zoning district is not permitted in any other zoning district, less restrictive or
otherwise, unless specifically enumerated as a permitted use in such other zoning district.
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Zoning Or.], wpSllzon, 1/77193
ARTICLE II -A
RESIDENCE DISTRICTS R5
SECTION 3A. Location. With the approval of the Town Board, a Residence District R5 may
be established in any Residence District R30 or Agricultural District of the Town.
SECTION 311. Use Regulations. In Residence Districts R5 no building shall be erected or
extended and no land or building or part thereof shall be used for other than a mobile home
park. In a mobile home park, there shall be no more than one dwelling unit maintained in each
mobile home. In addition, each dwelling unit may be occupied by not more than
(a) one family, or
(b) one family plus no more than two boarders, roomers, lodgers, or
other occupants.
SECTION 3C. Accessory Uses. The following accessory uses are permitted in Residence
District R5:
1. Automobile parking and garages, subject to the further requirements of this Article.
2. Structures and open land for recreation, intended for use by the residents of the mobile
home park.
3. Such areas and structures as may be necessary for homemaking activities, such as a
common laundry or garden plots. The use of any such area or structure may be limited
to residents of the mobile home park.
4. Day care homes.
5. Group day care facilities and group family day care homes upon special approval by the
Board of Zoning Appeals pursuant to Section 77, Subdivision 7.
6. Day care centers upon special approval of the Board of Zoning Appeals pursuant to
Section 77, Subdivision 7. The application for such approval shall be referred to the
Planning Board and no final action by the Board of Appeals shall be taken until the
Planning Board has reviewed at least a preliminary site plan and approved same. If the
Zoning Board of Appeals approves same, and if only a preliminary site plan was
approved by the Planning Board, the matter shall be returned to the Planning Board for
final site plan approval. The site plan approval process shall be as set forth in Article
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Zoning Or. 1, wpSllzon, 1127193
IX. No building permit shall be issued unless the proposed structure is in accordance
with the final site approved by the Planning Board,
SECTION 31). Area, Yard, Coverage and Height requirements shall be as follows:
1. Area: A minimum tract of fifteen (15) acres is required for the development of a
Residence District R5.
2. Lot Size: Each mobile home lot shall have a minimum gross area of 5,000 square feet.
The arrangement of lots in the park shall facilitate the efficient development of land and
permit the convenient access of emergency vehicles.
3. Stand Location: The location of the mobile home stand on each lot shall be identified
on the site plan.
SECTION 3E. Special Requirements shall be as follows:
1. Stands: The mobile home stand shall be provided with anchors and other fixtures
capable of securing and stabilizing the mobile home. These anchors shall be placed at
least at each corner of the mobile home stand.
2. Skirting: Each mobile home owner, within thirty (30) days after the arrival of the
mobile home in the park, shall be required to enclose the bottom space between the edge
of the mobile home and the mobile home stand with a skirt of metal, wood or other
suitable material. This skirt shall be properly ventilated and securely attached to the
mobile home.
3. Parking: One garage or lot parking space shall be provided for each mobile home, plus
one additional lot space for each 3 mobile homes. No parking lot shall be located farther
than 100 feet from the dwelling unit it is intended to serve. Each parking space shall
have a minimum of 180 square feet.
4. Buffer Yards: A buffer yard at least 30 feet wide shall be provided around the perimeter
of the mobile home park. No structures are permitted in the buffer yard and the
Planning Board may require that suitable landscaping be provided in order to effectively
screen the mobile home park from adjacent properties. Parking spaces are not permitted
in the buffer yards.
5. Access Drives and Walkways: Access drives shall be paved with blacktop, concrete, or
other solid material. Driveways and walkways shall provide safe access, egress, and
traffic circulation within the site. The placement, size, and arrangement of access to
public ways shall be subject to the approval of the appropriate highway authority. Where
12
Zoning Or.1, xp5llzon, 1127193
the density of population or school bus routes make it necessary, sidewalks and bus
shelters may be required.
6. Open Space and Recreation Areas: The applicant shall provide recreation areas on the
premises for children. The Planning Board shall review and approve all such areas. Ten
percent (10%) of the gross lot area of the mobile home park, exclusive of the area
reserved for buffer yards, shall be permanently maintained as open space.
7. Storage Space: The developer shall provide storage space in convenient locations for
each mobile home lot. This storage space shall be contained in an enclosed and secure
structure. Several storage structures may be located in a common building. The
minimum dimensions of storage space per lot shall be eight feet high, eight feet deep,
and four feet wide.
8. Screening of Waste and Refuse: One or more common areas shall be provided for the
disposal of waste and refuse. These areas shall contain secure garbage bins of a suitable
size. These areas shall be screened from public view by shrubbery or a fence.
9. Signs. A single sign for the mobile home park is permitted. The size and other
characteristics shall be regulated by the Town of Ithaca Sign Law.
10. Operating Permits. An operating permit shall be required for all mobile home parks.
This permit shall be renewable annually. The Building Inspector shall make periodic
inspections of the mobile home park to determine whether such park is in compliance
m . with the terms and conditions of the permit, the Zoning Ordinance and the site plan
approval. The fee for the operating permit shall be in accordance with the following
schedule:
1 - 4 units
$25.00
5 - 9 units
$50.00
10 - 24 units
$100.00
25 - 49 units
$200.00
50 - 100 units
$400.00
over 100 units
(No. of Units)$5.00
11. Building Permits. A building permit shall be required pursuant to Section 75 for each
mobile home and/or accessory structure to be sited or constructed.
SECTION 3F. Site Plan Approvals. No building permit shall be issued for a building within
a Residence District R5 unless the proposed structure is in accordance with a site plan approved
pursuant to the provisions of Article IX and approved by the Tompkins County Health
Department. No subdivision of a trailer park site plan is permitted without approval of the
13
Zoning Or.1, wpSllion, 1127193
Town Board, following Planning Board review. No alteration, amendment or change in a trailer
park site plan is permitted without approval of the Planning Board.
14
Zoning Or.1, wpSllzon, 1127193
ARTICLE III
RESIDENCE DISTRICTS R9
SECTION 4. Use Regulations. In Residence Districts R9 no building shall be erected or
extended and no land or building or part thereof shall be used for other than any of the following
purposes.
1. A one -family dwelling. A one -family dwelling may be occupied by not more than
(a) one family, or
(b) one family plus no more than one boarder, roomer, lodger or
other occupant.
2. A two family dwelling, provided that the second dwelling unit shall not exceed 50 % of
the floor area excluding the basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the basement area, it may exceed
50%.
2a. A two-family dwelling shall be occupied by not more than two families and each
dwelling unit in a two-family dwelling shall be occupied by not more than one
family.
2b. One or two family dwellings may be occupied by more than the occupants
permitted by Section 2a by Special Permit of the Board of Appeals upon
application to such Board.
3. The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial or private school, nursery
school, daycare center, fraternity or sorority houses, and any institution of higher
learning including dormitory accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
15
Zoning Or.1, wp514zon, D77193
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
(e) Golf course except a driving range, or miniature golf course.
(f) Hospital, provided that no building so used shall be within 100 feet of any
street or within 150 feet of the lot line of any adjoining owner.
(g) Nursing or convalescent home, or medical clinic.
(h) The application for approval of any of the foregoing uses shall be referred
to the Planning Board and no final action by the Board of Appeals shall be taken
until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan
approval process shall be as set forth in Article IX. No building permit shall be
issued unless the proposed structure is in accordance with the final site plan
approved by the Planning Board.
4. Garden, nursery, or farm, except a hog farm where the principal food is garbage. Sale
of farm and nursery products shall be subject to the provisions of Section 4, Subdivision
8. Usual farm buildings are permitted, provided that:
a. Any building in which farm animals are kept shall be at least 100 feet from any
lot line or street right of way.
b. No manure shall be stored within 100 feet of any lot line or street right of way.
5. Any municipal or public utility purpose necessary for the maintenance of utility services
except that substations and similar structures shall be subject to the same set -back
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
6. 'Rooming houses, tourist houses, but only on special approval of the Board of Appeals.
7. Cemetery and the buildings and structures incident thereto, but only upon special
approval of the Board of Appeals.
8. A roadside stand or other structure for the display and sale of farm or nursery products
incidental to farming and as a seasonal convenience to the owner or owners of the land.
Any such stand shall be located a minimum of 15 feet from the street line, in such a
16
Zoning Or.1, wp511zon, 1127193
manner as to permit safe access and egress for automobiles, and parking off the highway
right of way.
9. Clubhouse or lodge, provided that no building so used shall be within 100 feet of any
street or within 150 feet of the lot line of an adjoining owner and only upon the special
approval of the Board of Appeals.
10. Signs, as regulated by the Town of Ithaca Sign Law.
11. In Residence Districts R9, no building shall be erected, altered, or extended to exceed
thirty-four feet in height from the lowest interior grade or thirty feet in height from the
lowest exterior grade, whichever is lower. No structure other than a building shall be
erected, altered, or extended to exceed thirty (30) feet in height.
12. Day care homes and group day care facilities.
13. Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
SECTION 5. Accessory Uses. Permitted accessory uses in Residence Districts R9 shall include
the following:
1. The office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist,
architect or member of other recognized profession, or quasi -profession where such
office is a part of the residence building, provided that not more than three (3) additional
persons not residing on the premises may be employed.
2. A customary home occupation, such as dressmaking, hair dressing, laundering, home
cooking; carpentry, electrical, and plumbing work or similar manual or mechanical trade;
operated solely by a resident of the dwelling, provided that no additional persons not
residing on the premises may be employed therein and that no goods or products are
publicly displayed or advertised for sale, that there be no outside storage, and that no
noise, dust, disorder, or objectionable odor is experienced beyond the immediate property
where such use is conducted. The above mechanical trades to be conducted in the
basement of the dwelling or in a gaage area not to exceed 2vv square ��et.
3. Off-street garage or parking space for the occupants, users and employees in connection
with uses specified under Section 4, but subject to provisions of Section 45 and Section
69.
17
Zoning Or.1, wpSllzon, 1127193
4. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such building may not be continued
for more than one year except upon special approval of the Board of Appeals.
5. Accessory buildings subject to provisions of Section 6.
6. The keeping of domestic animals or fowl in accessory buildings, provided that no such
building shall be nearer than 30 feet to any lot line of any adjoining owner, and further
provided that there shall be no raising of fur -bearing animals, keeping of horses for hire,
or kennels for more than three dogs over 6 months old.
7. Signs, as regulated by the Town of Ithaca Sign Law.
SECTION 6. Accessory Buildings. In Residence Districts R9 accessory buildings other than
garages may not occupy any open space other than a rear yard. Any accessory building may
occupy not more than 40 percent of any required rear yard and shall be not less than three feet
from any side or rear lot line, except that a private garage may be built across a common lot line
with a party wall by mutual agreement between adjoining property owners. An accessory
building on a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings
shall in no case exceed 15 feet in height. Where the average natural slope of a lot exceeds 8
per cent rise or fall directly from the street line, a private garage not over one story in height
and housing not in excess of two cars may be located in the front or side yard not less than 5
feet from said street line upon special approval of the Board of Appeals.
SECTION 7. Yard Regulations. In Residence Districts R9, yards of at least the following
dimensions are required:
Front Yard - not less than average depth of the front yards of buildings on lots immediately
adjacent. However, the front yard depth shall not be less than 25 feet nor need it be greater
than 50 feet from the street line except where otherwise specified.
Rear Yard - not less than 30 feet in depth.
Side Yards - each not less than ten feet in width, except that in one of the side yards a one story
vara..b..a veither attached to the principal building or separate therefrom, may be 7 feet from a side
b.�., either
line which is not a street line.
Special yard requirements for specific uses as established by Section 4 are required.
SECTION 8. Building Coverage. No buildings or building on a lot, including accessory
buildings, shall be erected, altered, or extended to cover more than 25 per cent of the lot area.
18
Zoning Or.], wp51Izon, 1127193
Projections described in Section 66 are not to be included in computing the percentage.
SECTION 9. Size and Area of Lot. Lot sizes and areas in Residence Districts R9 shall meet
the following minimum requirements:
1. Minimum lot area shall be at least 9,000 square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line (50 feet from
the street line) shall be 75 feet; and
4. Minimum depth shall be 120 feet.
SECTION 10. Special Properties. In the case of publicly owned properties, properties of
universities, colleges, cemeteries, or other private institutions, located in Residence Districts R9,
which comprise at least 6 acres in area and are traversed by interior roads or driveways, the
front and side yard requirements of Section 7 shall apply only along the exterior public street
frontages and there shall be no rear yard requirements.
19
Zoning Or.1, wp51 Izon, 1127193
ARTICLE IV
RESIDENCE DISTRICTS R15
SECTION 11. Use Regulations. In Residence Districts R15 no building shall be erected or
extended and no land or building or part thereof shall be used for other than any of the following
purposes:
1. A One -Family Dwelling. A one -family dwelling may be occupied by not more than
(a) One family, or
(b) One family plus no more than one boarder, roomer, lodger or other occupant.
2. A two family dwelling, provided that the second dwelling unit shall not exceed 50 % of
the floor area excluding the basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the basement area, it may exceed
50%.
2a. A two-family dwelling shall be occupied by not more than two families and each
dwelling unit in a two-family dwelling shall be occupied by not more than one
family.
3. The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial and private schools, daycare
center, nursery school, and any institution of higher learning including dormitory
accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
(e) Golf course, except a driving range, or miniature golf course.
Zoning Or.], wp51 izon, 1127193
(f) The application for approval for any of the foregoing uses shall be referred
to the Planning Board and no final action by the Board of Appeals shall be taken
until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan
approval process shall be as set forth in Article IX. No building permit shall be
issued unless the proposed structure is in accordance with the final site plan
approved by the Planning Board.
4. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same set -back
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
5. Signs, as regulated by the Town of Ithaca Sign Law.
6. In Residence Districts R15, no building shall be erected, altered, or extended to exceed
thirty-four feet in height from the lowest interior grade or thirty feet in height from the
lowest exterior grade, whichever is lower. No structure other than a building shall be
erected, altered, or extended to exceed thirty (30) feet in height.
7. Day care homes and group day care facilities.
8 :K„ Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
SECTION 12. Accessory Uses. Permitted accessory uses in Residence Districts R15 shall
include the following:
1. Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect
or member of other recognized profession where such office is part of the residence
building provided that not more than two (2) additional persons not residing on the
premises may be employed,
2. Off-street garage or parking space for the occupants, users and employees in connection
with uses specified under Section 11, but subject to provisions of Section 69.
3. A temporary building for commerce or industry where such building is necessary or
incidental to the development of a residential area. Such building may not be continued
for more than one year except upon special approval of the Board of Appeals.
21
Zoning Or.1, wp511zon, 1127193
4. Accessory building subject to provisions of Section 13.
5. A customary home occupation, such as dressmaking, hair dressing, laundering, home
cooking; carpentry, electrical; and plumbing work or similar manual or mechanical trade;
operated solely by a resident of the dwelling, provided that no additional persons not
residing on the premises may be employed therein and that no goods or products are
publicly displayed or advertised for sale, that there be no outside storage, and that no
noise, dust, disorder, or objectionable odor is experienced beyond the immediate property
where such use is conducted. The above mechanical trades to be conducted in the
basement of the dwelling or in a garage area not to exceed 200 square feet.
6. The keeping of household pets and family gardens.
7. The keeping of one horse if 2 acres of land are provided and one additional horse for
each additional acre, but not more than a total of three horses.
8. Signs, as regulated by the Town of Ithaca Sign Law.
SECTION 13. Accessory Buildings. In Residence Districts R15 accessory buildings other than
garage may not occupy any open space other than a rear yard. Any accessory building may
occupy not more than 40 percent of any required rear yard and shall be not less than 3 feet from
any side or rear lot line, except that a private garage may be built across a common lot line with
a party wall by mutual agreement between adjoining property owners. An accessory building
on a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings in no
case shall exceed 15 feet in height. Where the average natural slope of a lot exceeds 8 per cent
rise or fall directly from the street line, a private garage not over one story in height and
housing not in excess of 2 cars may be located in the front or side yard not less than 5 feet from
said street line on approval of the Board of Appeals.
SECTION 14. Yard Regulations. In Residence Districts R15 yards of at least the following
dimensions are required:
Front Yard - not less than the average depth of the front yards of buildings on lots immediately
adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than
50 feet except as otherwise specified.
Rear Yard - not less than 30 feet in depth.
Side Yards - each not less than 15 feet in width, except that in one of the side yards a one-story
garage, either attached to the principal building or separate therefrom, may be 10 feet from a
side line which is not a street line.
22
Zoning Or.1, xp511zon, 1127193
Special yard requirements for specific uses as established by Section 11 are required.
SECTION 15. Building Coverage. No building or buildings on a lot, including accessory
buildings, shall be erected, altered, or extended to cover more than 20 per cent of the lot area.
Projections described in Section 66 are not to be included in computing the percentage.
SECTION 16. Size of Lot. Lots in Residence Districts R15 shall meet the following minimum
requirements:
1. Minimum lot area shall be at least 15,000 square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum front yard setback line (50 feet from the street
line) shall be 100 feet; and
4. Minimum depth shall be 150 feet.
SECTION 17. Special Properties. In the case of publicly owned properties, properties of
universities, colleges, cemeteries, or other private institutions, located in Residence Districts
R15,, which comprise at least 6 acres in area and are traversed by interior roads or driveways,
the -,front and side yard requirements of Section 14 shall apply only along the exterior public
street frontages and there shall be no rear yard requirements.
23
Zoning Or.1, wpSllzon, 1127193
ARTICLE V
RESIDENCE DISTRICTS R30
SECTION 18. Use Regulations. In Residence Districts R30 no building shall be erected or
extended and no land or building or part thereof shall be used for other than any of the following
purposes:
1. A One -Family Dwelling. A one -family dwelling may be occupied by not more than
(a) One family, or
(b) One family plus no more than one boarder, roomer, lodger, or other
occupant.
2. A two family dwelling, provided that the second dwelling unit shall not exceed 50 % of
the floor area excluding the basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the basement area, it may exceed
50%.
2a. A two-family dwelling shall be occupied by not more than two families and each
dwelling unit in a two-family dwelling shall be occupied by not more than one
family..
3. The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial and private schools, daycare
center, nursery school, and any institution of higher learning including dormitory
accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
(e) Golf course, except a driving range or miniature golf course.
24
Zoning Or.l, wp5llzon, 1127193
(f) Hospital, provided that no building so used shall be within 100 feet from any
street or within 150 feet of the lot line of any adjoining owner.
(g) Nursing or convalescent home, or.medical clinics.
(h) The application for approval of any of the foregoing uses shall be referred
to the Planning Board and no final action by the Board of Appeals shall be taken
until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan
approval process shall be as set forth in Article IX. No building permit shall be
issued unless the proposed structure is in accordance with the final site plan
approved by the Planning Board.
4. Garden, nursery, or farm, except a hog farm where the principal food is garbage. Sale
of farm and nursery products shall be subject to the provisions of Section 18, Subdivision
7. Usual farm buildings are permitted, provided that:
a. Any building in which farm animals are kept shall be at least 100 feet from any
lot line or street right of way.
b. No manure shall be stored within 100 feet of any lot line or street right of way.
5. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same set -back
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
6. Cemetery and the buildings and structures incident thereto, but only upon special
approval of the Board of Appeals.
7. A roadside stand or other structure for the display and sale of farm or nursery products
incidental to farming and as a seasonal convenience to the owner or owners of the land.
Ariy such stared shah be 'located a minimum of 15 feet from the street line, in such a
manner as to permit safe access and egress for automobiles, and parking off the highway
right of way.
8. Clubhouse or lodge, provided that no building so used shall be within 100 feet of any
street or within 150 feet of the lot line of an adjoining owner and only upon special
approval of the Board of Appeals.
25
Zoning Or.1, wpSllzon, 1127193
9. Signs, as regulated by the Town of Ithaca Sign Law.
10. In Residence Districts R30, no building shall be erected, altered or extended to exceed
thirty-four feet in height from the lowest interior grade or thirty feet in height from the
lowest exterior grade, whichever is lower. No structure other than a building shall be
erected, altered, or extended to exceed thirty (30) feet in height.
11. Day care homes and group day care facilities.
12. Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
SECTION 19. Accessory Uses. Permitted accessory uses in Residence Districts R30 shall
include the following:
1. Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect
or member of other recognized profession and quasi -profession where such office is a
part of the residence building provided that not more than 3 additional persons not
residing on the premises may be employed.
2. A customary home occupation, such as dressmaking, hair dressing, laundering, home
cooking; carpentry, electrical, and plumbing work or similar manual or mechanical trade;
operated solely by a resident of the dwelling, provided that no additional person not
residing on the premises may be employed therein and that no goods or products are
publicly displayed or advertised for sale, that there be no outside storage, and that no
noise, dust, disorder, or objectionable odor is experienced beyond the immediate property
where such use is conducted. The above mechanical trades to be conducted in the
basement of the dwelling or in a garage area not to exceed 200 square feet.
3. Off-street garage or parking space for the occupants, users and employees in connection
with uses specified under Section 18, but subject to provisions of Section 45 and Section
69.
4. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be continued
for more than one year except upon special approval of the Board of Appeals.
5. Accessory buildings subject to provisions of Section 20.
6. The keeping of domestic animals or fowl in accessory buildings, provided that no such
building shall be nearer than 30 feet to any lot line of any adjoining owner, and further
W
Zoning Or.1, wpS]Izon, 1127193
provided that there shall be no raising of fur -bearing animals, keeping of horses for hire,
or kennels for more than 3 dogs over 6 months old.
7. Signs, as regulated by the Town of Ithaca Sign Law.
SECTION 20. Accessory Buildings. In Residence Districts R30 accessory buildings other than
garages may not occupy any open space other than a rear yard. Any accessory building may
occupy not more than 30 per cent of any required rear yard and shall be not less than 3 feet
from any side or rear lot line, except that a private garage may be built across a common lot line
with a party wall by mutual agreement between adjoining property owners. Any accessory
building on a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings
shall in no case exceed 15 feet in height. Where the average natural slope of a lot exceeds 8
per cent rise or fall directly from the street line, a private garage not over one story in height
and housing not in excess of 2 cars may be located in the front or side yard not less than 5 feet
from said street line upon special approval of the Board of Appeals.
SECTION 21. Yard Regulations. In Residence Districts R30 yards of at least the following
dimensions are required.
Front Yard - not less than the average depth of the front yards of buildings on lots immediately
adjacent. However, the front yard depth shall not be less than 30 feet or need it be greater than
60 feet.
Rear Yard - not less than 50 feet in depth.
Side Yards - each not less than 40 feet in width, except that in one of the side yards a one-story
garage, either attached to the principal building or separate therefrom, may be 15 feet from a
side line which is not a street line.
Special yard requirements for specific uses as established by Section 18 are required.
SECTION 22. Building Coverage. No building or buildings on a lot, including accessory
buildings, shall be erected, altered or extended to cover more than 10 per cent of the lot area.
Projections described in Section 66 are not to be included in computing the percentage.
SECTION 23. Size of lot. Lots in Residence Districts R-30 shall meet the following minimum
requirements:
1. Minimum lot area shall be at least 30,000 square feet; and
2. Minimum width at the street line shall be 100 feet; and
27
Zoning Or.1, wp51 Izon, 1127193
3. Minimum width at the maximum required front yard setback line (60 feet from the
street line) shall be 150 feet; and
4. Minimum depth from the highway right of way shall be 200 feet.
SECTION 24. Special_ Properties. In the case of publicly owned properties, properties of
universities, colleges, cemeteries, or other private institutions, located in Residence Districts
R30, which comprise at least 6 acres in area and are traversed by interior roads or driveways,
the front and side yard requirements of Section 21 shall apply only along the exterior public
street frontages and there shall be no rear yard requirements.
28
Zoning Or.1, wp5l lion, R27193
ARTICLE VI
MULTIPLE RESIDENCE DISTRICTS
SECTION 25. Location. With the approval of the Town Board, a Multiple Residence District
may be established in any Residence or Agricultural District of the Town.
SECTION 26. Use Regulations. In Multiple Residence Districts no building shall be erected
or extended and no land or building or part thereof shall be used for other than any of the
following purposes:
One family, two family and multiple family dwellings, grouped so as to provide living quarters
for a minimum of 3 families.
Each dwelling unit in an multiple residence shall be occupied by no more than
(a) One family, or
(b) One family plus no more than two boarders, roomers, lodgers or other occupants.
SECTION 27. Accessory Uses. Permitted Accessory Uses in Multiple Residence Districts
shall include the following:
1. Automobile parking and garages, subject to the further requirements of this section.
2. Structures or use of open land for recreation, intended for residents of the Multiple
Residence Districts.
3. Such uses as may be necessary for home -making activities, such as drying yards or
structures in which laundry facilities are maintained but any such use must be limited to
residents of the Multiple Residence Districts.
4. Day care home or group day care facility.
5. Group family day care home Unnn the special nnnmunl of the T1 &rd of Znn;n Pnr,ao1v
r - -- r--YY.., .... on...g >rr.
in the same manner as if said building was located in a Residence District R30.
6. Day care center upon special approval of the Board of Zoning Appeals pursuant to
Section 77, Subdivision 7. The application for such approval shall be referred to the
Planning Board and no final action shall be taken until the Planning Board has approved
the site plan for the Center and submitted its report or has failed to so act within 30 days
of receipt of all required information.
29
Zoning Or.1, xpS1 Izon, 1127193
SECTION 28. Area, Yard, Coverage and Height Requirements shall be as follows:
1. Area: a minimum tract of one acre is required for the development of a Multiple
Residence District. Said tract must contain at least 2,500 square feet of gross lot area
for each dwelling unit to be constructed.
2. Yards and Courts:
Front Yard - not less than 50 feet.
Side Yards - not less than the height of the nearest structure, or fifteen feet, whichever
is greater.
Rear Yards - not less than twice the height of the nearest structure or thirty feet,
whichever is greater.
Courts - shall be completely open on one side, with a width not less than the height
of the tallest opposite structure and a depth not more than one and one-
half the width.
3. Spaces Between Buildings: The distance between any two structures shall be no less than
the height of the two buildings when averaged together, or twenty feet, whichever is
greater.
4. Building Coverage: No building, including accessory buildings, shall be erected or
altered to cover more than 30 per cent of the lot area.
5. Height: All structures shall conform in height with other structures in the vicinity,
provided however, that no building shall exceed thirty-four feet in height from lowest
interior grade nor thirty feet in height from lowest exterior grade and further provided
that no structure other than a building shall exceed thirty (30) feet in height.
SECTION 29. Special Requirements shall be as follows:
1, Parkitta• title vara a nr lnt narlrinn spa— nl,nll l+n a L nT__. 11.__ TT
-•a• b`*"``b" "` Fµ `�"'b Jra.,. oaicui vL prO`videa 1VL eacll "WG1111% Ur11L ,
plus one additional lot space for every 3 dwelling units. No parking shall be located
farther than 200 feet from the dwelling unit it is intended to serve, nor shall any parking
be allowed in any front yard or required side or rear yard. Parking lots shall be surfaced
with black -top, compacted gravel, or other dust -free material, and must be graded so as
to drain properly.
30
Zoning Or.1, wpSI Uon, 1l17193
2. Access and Sidewalks: Access drives shall be paved with black -top, concrete, or other
solid material. Driveways and walkways shall provide safe access, egress and traffic
circulation within the site. The placement, size and arrangement of access to public ways
shall be subject to the approval of the appropriate highway authority. Where density of
population or school bus routes make it necessary, the applicant shall install sidewalks,
with the approval of the appropriate highway authority.
3. Recreation: The applicant shall provide recreation areas for children on the premises,
in such amount as may be necessary to protect the health, safety and general welfare of
the children and residents in the district.
4. Screening of waste and refuse: No waste or refuse shall be placed outside any building
in the. Multiple Residence District except under the following conditions: an area
common to all buildings, or a separate area for each building shall be reserved at the rear
of the structure or structures. This area shall contain bins, or other receptacles adequate
to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be
screened from the public view.
5. Buffer Areas. No structure shall be placed nearer than 30 feet from any other district
including any other residence district, agricultural district, industrial district, or business
district. A strip at least 10 feet wide, within such buffer area, shall be suitably planted
to screen a multiple residence district from present or future residences, or a suitable
screening fence shall be erected.
6. - Landscaping, Fencing and Screening. In addition to the landscaping, screening, fencing
and buffer requirements set forth above, additional landscaping, fencing, screening, or
earth berm may be required to be provided in any area where the proposed multiple
residence development or accessory facilities would create a hazardous condition or
would detract from the value of the neighboring property if such landscaping, fencing,
screening or berm were not provided.
7. Signs, as regulated by the Town of Ithaca Sign Law.
SECTION 30. Site Plan Approvals. No building permit shall be issued for a building within
a iJiiiitipie Residence DIS`Ulct unless the proposed structure is in accordance with a site plan
approved pursuant to the provisions of Article IX.
31
Zoning Or.], wp51lzon, 1127193
ARTICLE VII
BUSINESS DISTRICTS
SECTION 31. Location of Districts. With the approval of the Town Board, Business Districts
"A", "B", "C", "D", and "E" may be established in any district in the Town, except that
Business Districts "C" and "D" shall not be permitted in a Residence District R15.
SECTION 32. Business Districts 'A'.
1. Uses permitted in a Business District `A' shall be the following:
A. The following uses provided that the interior floor area is 10,000 square feet or
less:
(i) Business or professional offices
(ii) Bank or other financial institution
(iii) Bookstore
(iv) Drug store
(v) Hardware store
(vi) Smoke Shop
B. The following uses provided that the area on which construction occurs on the
land is 10,000 square feet or less, (excluding underground utilities)
(i) Utilities
2. The following uses are permitted in a Business District `A' upon receipt of a special
approval from the Board of Appeals following a favorable recommendation for same
from the Planning Board in accordance with the procedures set forth below:
A. Any of the uses set forth in paragraph IA above where the interior floor area for
such use exceeds 10,000 square feet.
B. The following uses where the construction on the lot exceeds 10,000 square feet
of land area (excluding underground utilities):
(i) Utilities
C. Bank drive -through.
D. Package liquor store.
32
Zoning Or.1, wpSllzon, IJ27193
E. Retail food store.
SECTION 33. Business Districts `B'.
1
2.
Uses permitted in a Business District `B' shall be the following:
A. Any of the uses permitted in Business District `A' that do not require a special
- approval.
B. Any of the following uses provided that the interior floor area is 10,000 square
feet or less:
(i) Barber
(ii) Dry cleaning pick-up station
(iii) Florist
(iv) Beauty Parlor
(v) Hand or coin operated laundry
(vi) Nursery
(vii) Milliner
(viii) Greenhouse
(ix) Any other retail stores, except automobile sales agencies
(x) Shoe shiner, shoemaker and repairer
(xi) Tailor
(xii) Telegraph and telephone office
The following uses are permitted in a Business District `B' upon receipt of a special
approval from the Board of Appeals following a favorable recommendation for same
from the Planning Board:
A. Any of the uses permitted in Business District `A' upon receipt of a special
approval.
B. Any of the uses set forth in paragraph 1B above where the interior floor area for
such use exceeds 10,000 square feet.
C. Public library.
D. Any municipal or public utility purpose necessary to the maintenance of utility
services involving construction on more than 10,000 square feet of land.
E. Fire station or other public building necessary to the protection of or servicing of
a neighborhood.
33
Zoning Or.], wp511zon, 1127193
SECTION 34. Business Districts `C'.
1. Uses permitted in a Business District `C' shall be the following:
A. Any of the uses permitted in Business District `A' or `B' that do not require a
special approval.
B. Any of the following uses provided that the interior floor area is 10,000 square
feet or less:
(i)
Building supply
(ii)
Dry cleaner
(iii)
Dyer
(iv)
Electrical shop
(v)
Glass shop
(vi)
Heating shop
(vii)
Monument works
(viii)
Plumbing shop
(ix)
Printer
(x)
Appliance sales and service
(xi)
Arts and crafts studio
(xii)
Bicycle sale and repair
(xiii)
Caterer
(xiv)
Confectioner
(xv)
Decorator
(xvi)
Dressmaker
(xvii)
Furrier
(xviii)
Optician
(xix)
Photographer
(xx)
Refrigeration sale and repair
(xxi)
Upholsterer
C. Hotel or motel of 30 sleeping rooms or less.
D. Bovat harbor aria iiiaiiria
E. Ambulance service
2. The following uses are permitted in a Business District `C' upon receipt of a special
approval from the Board of Appeals following a favorable recommendation for same
from the Planning Board:
34
Zoning Or. 1, %p51Izon, 1/27193
A. Any of the uses permitted in Business Districts `A' or `B' upon receipt of a
special approval.
B. Any of the uses set forth in paragraph 1B above where the interior floor area for
such use exceeds 10,000 square feet.
C. Automobile sales agency, provided that the display of automobiles and accessories
is conducted entirely within a building.
D. Theater, skating rink, bowling alley, dance hall, where the activity involved is
conducted exclusively inside a building provided that such place of business shall
be located at least 200 feet from any residence district.
E. Restaurant or other place for the serving of food. If alcoholic beverages are
served, the place of business shall be located at least 500 feet from an adjacent
school or church or 150 feet from any residence district.
F. Club house or lodge, provided that no building so used shall be within 100 feet
of any street or within 150 feet of the lot line of an adjoining owner.
G. Undertaker.
H. Hotel or motel with more than 30 sleeping rooms.
SECTION 35. Business Districts "D". Permitted uses in a Business District "D" shall be the
following:
1. Gasoline sales station or garage for repairs, provided that all servicing of vehicles shall
take place on private property, and that no repair work, except short-term emergency
repairs, be carried on out-of-doors. Such uses are subject further to Section 71 and
Section 54.
SECTION 35A. Business District "E". Permitted uses in Business District "E" shall be the
following:
1. Restaurant or other place for the serving of food. If alcoholic beverages are served, the
place of business shall be located at least 500 feet from an adjacent school or church or
150 feet from a residence district.
2. Hotel or motel
3. Club House or Lodge, provided that no buildings so used shall be within 100 feet of any
street, or within 150 feet of the lot line of an adjoining owner and only on the approval
of the Board of Appeals.
35
Zoning Or.], xp5llzon, 1127193
4. Boat Harbor and Marina.
SECTION 36. Permitted Accessory Uses. Permitted Accessory Uses in Business Districts "A",
"B", "C", "D", and "E", shall be the following:
1. Automobile parking and off-street loading areas, subject to the further requirements of
this article.
2. Accessory storage buildings, but not to include outside storage.
3. Signs, as regulated by the Town of Ithaca Sign Law.
4. The dwelling of a guard, caretaker or custodian but not more than one dwelling unit per
building.
5. Day care centers upon special approval of the Board of Zoning Appeals pursuant to
Section 77, subdivision 7. The application for such approval shall be referred to the
Planning Board and no final action shall be taken until the Planning Board has approved
the site plan for the center and submitted its report or has failed to so act within 30 days
of receipt of all required information.
SECTION 37. Area, Yard, and Height Requirements shall be the following:
1. Area: A minimum tract of two acres is required for the development of a "business
district".
2. Yards: Front Yards Not less than 50 feet
Side Yards None required with respect to
buildings all on the same lot but not
less than 30 feet from any structure
to a side property line
Rear Yards Not less than 30 feet
The foregoing yard requirements may include any required buffer areas and shall not be
in addition to any required buffer areas.
3. Building Coverage: No building or buildings on a lot, including accessory buildings,
shall be erected, altered or extended to cover more than 30 % of the lot area.
4. Minimum Useable Open Space: Minimum useable open space shall be not less than 30 %
of the lot area. For this purpose `useable open space' shall mean that portion of the lot
area not covered by any structure (as defined in Article I) or driveway, and generally
intended to be occupied by suitable vegetation or landscaping.
36
Zoning Or.], wp51Izon, 1127193
5. Height: All structures shall conform in height with other structures in the vicinity,
provided, however, that no building shall exceed thirty-four feet in height from lowest
interior grade nor thirty feet in height from lowest exterior grade and further provided
that no structure other than a building shall exceed thirty feet in height.
SECTION 38. Special Requirements shall be the following:
1. Parking: a minimum of 300 square feet of parking area, including lanes and driveways,
shall be provided for each 100 square feet of floor area, excluding basements used for
storage, except in the case of the following uses, for which off-street parking shall be
provided in accordance with the following schedule:
Office or bank building: one space for each 200 square feet of office or bank floor area.
Auditorium, stadium. theatre. or other place of public assembly: Funeral home or
mortuarv: or restaurant: one space for each 5 seats.
Bowline alley: three spaces for each lane.
Retail store: one space for each 200 square feet of ground floor plus one space for each
500 feet of sales area on all other floors combined.
Hotel. motel: one space for each guest room, which space must be available at night.
Skating rink and dance hall: parking spaces equal in number to 20 per cent of the
capacity in persons shall be provided.
Apartment: one parking space for each dwelling unit.
There shall be no parking in any required front, side or rear yard. Parking lots shall be
surfaced with black -top, stone or other material that does not produce dust and shall be
graded so as to drain properly.
If the Planning Board finds that the particular use, nature, and location of the proposed
project, utilizing the criteria set forth elsewhere in this Ordinance, requires that parking
be to the rear of the principal building on the site, parking shall be so located.
2. Off-street loading: no less than one off-street loading space shall be required for each
20,000 square feet of floor area, including basement.
J. Access and Sidewalks: Access drives shall be paved with black -top, concrete, or other
solid material, and, if business is to be carried on in the evening, shall be adequately
lighted. No lights shall be placed so as to reflect in an objectionable manner on
adjoining residential properties or public streets. Driveways and walkways shall provide
safe access, egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval of the appropriate
highway authority. Where density of population or school bus routes make it desirable,
sidewalks shall be installed with the approval of the appropriate highway authority.
37
Zoning Or.1, wpSllzon, 1127193
4. Signs, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any
residence district and 30 feet from any other district. A strip at least 10 feet wide within
such buffer area shall be suitably planted to screen a Business District from present or
future residences, or a suitable screening fence shall be erected. No waste or refuse shall
be placed outside any building in a Business District except under the following
conditions:
An area common to all businesses, or a separate area for each business shall be
reserved at the rear of the structure or structures. These areas shall contain bins,
or other receptacles adequate to prevent the scattering of waste and refuse, and
shall be planted or fenced so as to be screened from the public view. Such area
and receptacles shall not be located in the buffer area set forth above. No refuse
shall be burned on the premises.
6. In addition to the landscaping, screening, fencing and buffer requirements set forth
above, additional landscaping, fencing, screening, or earth berm may be required to be
provided in any area where the proposed structure or use would create a hazardous
condition or would detract from the value of neighboring property if such landscaping,
fencing, screening, or berm were not provided.
7. In the event that any of the uses permitted in Business Districts "C" involve auxiliary,
small-scale assembly, repair, processing or fabrication, such activity shall take place only
in connection with products or services offered for immediate sale or direct service to
customers on the premises, and further provided that no objectionable noise, smoke,
odor, vibration or disorder created thereby shall be experienced beyond the lot lines of
said businesses.
8. Displays: in Business Districts "A", "B", licit, and "E" no outside displays shall be
permitted.
9. Application for Special Approval: Where a use is permitted in this Article in a Business
District `A', `B', `C', `D' or `E' upon the obtaining of a special approval, the application
fur such approval for the requested use shall be referred to the Planning Board and no
final action by the Board of Appeals shall be taken until the Planning Board has reviewed
at least a preliminary site plan and has approved same. If the Board of Appeals grants
the special approval, and if only a preliminary site plan was approved by the Planning
Board, the matter shall be returned to the Planning Board for final site plan approval as
set forth below.
38
Zoning Or.1, %VSllzon, 1127193
SECTION 39. Site Plan Approvals. No building permit shall be issued for a building or
structure within a Business District unless the proposed building is in accordance with a site plan
approved pursuant to the provisions of Article IX.
:'k;.
39
Zoning or.1, wp5llzon, Y27193
ARTICLE VIII
LIGHT INDUSTRIAL DISTRICTS
SECTION 40. Location. With the approval of the Town Board, a Light Industrial District may
be established in any district of the Town except a Residence District R15.
SECTION 41. Permitted Principal Uses. The principal uses permitted in a Light Industrial
District shall be: industrial uses employing electric power or other motor power, or utilizing
hand labor for fabrication or assembly.
SECTION 42. Performance Standards. Any use shall be so operated as to comply with the
performance standards governing noise, smoke emissions, and odor hereinafter set forth.
1. Noise. At no point on the boundary of a Residence, Multiple Residence or Business
District shall the sound pressure level of any individual operation or plant, other than the
operation of motor vehicles or other transportation facilities, exceed the decibel levels
in the designed octave bands shown below for the districts indicated.
Along Residence, Multiple
Residence
Along Business District
Octave Band District Boundaries -
Boundaries
Cycles Per Maximum Permitted Sound
Maximum Permitted Sound
Second Level in Decibels
Level in Decibels
1 to 75
72
79
75 to 150
67
74
150 to 300
59
66
300 to 600
52
59
600 to 1200
46
53
1200 to 2400
40
47
2400 to 4800
34
41
above 4800
32
39
Sound levels shall be measured with a sound level meter and associated octave band filter
manufactured according to standards prescribed by the American Standards Association.
2. Smoke. The emission of any smoke from any source whatever to a density greater than
the density described as #2 on the Ringlemann Chart is prohibited. The Ringlemann
40
Zoning Or.], wpS1 fzon, 1127193
Chart as published and used by the Bureau of Mines, U.S. Department of Interior, is
hereby adopted and made a part of these regulations.
3. Odors. No use shall emit noxious, toxic, or corrosive fumes, gases, or matter, in such
quantities as to be readily detectable at any point along the boundaries of the lot wherein
it is located.
SECTION 43. Accessory Uses. Accessory uses permitted in a Light Industrial District shall
be the following:
1. Automobile parking and off-street loading areas subject to the further requirements of this
article.
2. Accessory storage buildings, but not to include outside storage.
3. Signs, as regulated by the Town of Ithaca Sign Law.
4. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian,
provided that no more than one dwelling unit per industry shall be established.
5. Day care centers upon special approval of the Board of Zoning Appeals pursuant to
Section 77, subdivision 7. The application for such approval shall be referred to the
Planning Board and no final action shall be taken until the Planning Board has approved
the site plan for the center and submitted its report or has failed to so act within 30 days
of receipt of all required information.
SECTION 44. Area, Yard, Coverage and Height Requirements shall be as follows:
1. Area: a minimum tract of 10 acres is required for the development of a Light Industrial
District.
2. Yards: Front Yard - not less than 150 feet.
Side Yards - Not less than 60 feet from any structure to a side property
line.
Rear Yards - not less than 50- facet,
3. Coverage: no principal building shall be erected or altered to cover more than 30 per
cent of the lot area.
4. Height: No structure other than a building shall exceed twenty-five (25) feet in height,
and no building shall exceed twenty-nine (29) feet in height from the lowest interior
grade nor twenty-five (25) feet in height from lowest exterior grade, whichever is lower.
41
Zoning Or.], wpSllzon, 1127193
SECTION 45. Special Requirements shall be as follows:
1. Parking: a minimum of one parking space shall be provided for each 3 employees.
Parking shall not be located in any front yard. Parking lots shall be surfaced with black-
top concrete, or other solid material and shall be graded so as to drain properly.
2. Off-street loading: off-street loading areas in such amount as may be necessary for the
sizes and types of proposed industrial operations shall be provided.
3. Access and Sidewalks: access drives shall be paved with black -top, concrete, or other
solid material, and, if business is to be carried on in the evening, shall be adequately
lighted. No lights shall be placed so as to reflect in an objectionable manner on
adjoining residential properties or public streets. Driveways and walkways shall provide
safe access, egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval of the appropriate
highway authority. Where density of population or school bus routes make it desirable,
the applicant shall install sidewalks with the approval of the appropriate highway
authority.
4. Signs, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any
residence district or nearer than 30 feet from any other district. A strip at least 10 feet
wide within such buffer area shall be planted or suitably fenced so as to screen the light
industrial district from present or future residences.
6. In addition to the landscaping, screening, fencing and buffer requirements set forth
above, additional landscaping, fencing, screening, or earth berm may be required to be
provided in any area where the proposed structure or use would create a hazardous
condition or would detract from the value of the neighboring property if such
landscaping, fencing, screening, or berm were not provided.
SECTION 45-a. Site Plan Approvals. No building permit shall be issued for a building within
a Light Industrial District unless the proposed structure is in accordance with a site plan
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. klk+v k u• "c AL t.v fill%.. J/LVY1J1Vl13 Vl IMLMAU lA.
42
Zoning Or.1, wpSllzon, 1127193
ARTICLE IX
SITE PLAN APPROVAL
SECTION 46. Procedure Related to Establishment of a Zoning District. When an application
is submitted to the Town Board for establishment of a Residence District R5, Multiple
Residence, Business 'A', 'B% 'C', 'D', and 'E', and any other Special Land Use Districts, the
establishment of which may be permitted under this Ordinance, all hereinafter referred to as
'Districts', the applicant shall proceed as follows:"
1. The applicant shall submit a general site plan to the Town Board which shall show
(unless one or more items are waived by the Town Board) property lines, including
metes and bounds, adjacent public streets, topography, size and location of existing or
proposed structures, and the applicant shall submit such other plans and information
deemed reasonably necessary by the Town Board for adequate study of the proposed
plan. Upon its review of the general site plan, the Town Board may refer the matter to
the Planning Board for further review and recommendation.
2. Upon referral of the matter to the Planning Board by the Town Board, the Planning
Board may require such changes in the general site plan as are necessary to meet the
requirements of this ordinance and may make any other recommendations which it deems
necessary to promote the general health, safety, morals, and the general welfare of the
community. The Planning Board shall then adopt a resolution recommending either
approval, approval with modifications, or disapproval of the proposed plan. Before any
such resolution is adopted, the Planning Board shall hold a public hearing which shall be
heard by the Planning Board within 45 days of the filing of the general site plan with the
Planning Board, and such hearing shall be advertised in a newspaper of general
circulation in the Town of Ithaca at least five (5) days before such hearing. The
Planning Board shall make its recommendation within the forty-five (45) days after the
hearing and forward the same to the Town Clerk.
The Town Board shall then hold a public hearing on the proposed district with the same
notice required by law in the case of an amendment to the Zoning Ordinance. If the
Town Board establishes such district after such hearing, it shall define the boundaries
thereof, approve the general site plan and impose any modifications and additional
requirements as it may determine. Before finally establishing any such District, the
Town Board may refer the application to the Town Planning Board or the Board of
Zoning Appeals for such further consideration as the Town Board may require. No
building permit shall, in any case, be issued on the basis of a general site plan.
3. Whenever a District is created pursuant to the provisions of this Article, the owner shall
be bound by the general site plan as approved and adopted by the Town Board.
43
Zoning Or.], xp51lzon, 1127193
SECTION 46-a. Procedure Related to Special Approvals. In those circumstances where site
plan approval by the Planning Board is a pre -condition to the granting of a Special Approval for
a use, the applicant shall proceed as follows:
1. The applicant will submit a site plan which shall show (unless one or more items are
waived by the Planning Board) property lines, including metes and bounds, adjacent
public streets, topography, size and location of existing or proposed structures, and such
other plans and information and any other features deemed reasonably necessary by the
Planning Board for adequate study of the proposed plan.
2. The Planning Board may require such changes in the site plan as are necessary to meet
the requirements of this Ordinance and may make any other recommendations which it
deems necessary to promote the general health, safety, morals, and the general welfare
of the community. The Planning Board shall then adopt a resolution recommending
either approval, approval with modifications, or disapproval of the proposed plan.
Before any such resolution is adopted, the Planning Board shall hold a public hearing
which shall be heard by the Planning Board within forty-five (45) days of the filing of
the completed application for the Special Approval with site plan with the Planning
Board, and such hearing shall be advertised in a newspaper of general circulation in the
Town of Ithaca at least five (5) days before such hearing. The Planning Board shall
make its determination within forty-five (45) days after the hearing and forward the same
to the Chairman or Clerk of the Board of Appeals. In addition to the site plan
determination set forth above, if the Planning Board's recommendation is a.prerequisite
to the granting of a special approval, the Planning Board shall make the findings and
determinations relative to the special approval (as opposed to those considerations related
solely to site plans) in accordance with the provisions set forth elsewhere in this
Ordinance including, without limitation, sections 77 and 78 of this Ordinance.
3. The owner and applicant shall be bound by the final site plan as approved by the
Planning Board.
i
SECTION 46-b. Site Plan Requirements.
1. After a Resi' ce District R5, Multiple Residence, Business, Light Industrial or
Industrial District, or any other Special Land Use District, has been established
by the Town Board and whenever a specified development or changes in the general plan
are proposed, or whenever a site plan is required by any other provision of this
Ordinance, a site plan for the proposed use must be submitted and approved by the
Planning Board before a building permit may be issued. If the original site plan
submitted in connection with the initial creation of the District or the granting of the
Special Approval was of sufficient detail and contained sufficient information as to
44
Zoning Or.1, wpSI L-on, 1127193
constitute, in the Planning Board's discretion, a final site plan, such original site plan
shall suffice. Otherwise, the applicant shall submit a detailed site plan (hereinafter
referred to as 'final site plan') in accordance with this Ordinance. This final site plan
shall show (unless one or more items are waived by the Planning Board) property lines,
including metes and bounds, adjacent public streets, topography, including existing and
proposed contours, size and location of structures, area and location of parking, off-street
loading and access drives, proposed signs and lighting, proposed landscaping and any
other features deemed reasonably necessary by the Planning Board for adequate study of
the proposed plan.
2. The Planning Board may require such changes as are necessary to meet the requirements
of this ordinance.
3. Upon submission of a final site plan, the Planning Board shall approve or disapprove the
final site plan. The owner shall be bound by the final site plan as approved by the
Planning Board.
4. If at any time subsequent to the approval of the final site plan, the owner shall wish to
change the site plan as approved, an application with the revised site plan prepared in
accordance with the requirements of this ordinance shall be submitted to the Planning
Board for the Planning Board's approval. In reviewing such application for a modified
site plan the Planning Board shall have all of the powers it has with respect to reviewing
an original application for site plan approval and shall hold a public hearing on said
application for modification of the site plan and shall make its decision on same within
the time limits set forth with respect to an original site plan application. Notwithstanding
µ the foregoing, if the modification involves
-(a) construction or alteration of less than 1,000 square feet of enclosed space whether
on one or more stories; and
(b) construction or relocation of less than 3 parking spaces; and
(c) construction, repairs, alterations, or renovations affecting the exterior of a building
or the site, (exterior work is anticipated to cost less than $10,000.00), and
(d) enlargement of an existing building that involves an increase of square footage of
less than 10 % of the existing square footage of the existing building; and
(e) does not alter proposed traffic flows and access; and
(f) does not directly violate any express conditions imposed by the Planning Board in
granting prior site plan approval,
45
Zoning Or.1, wp51Izon, 1127193
or if the modification involves
(a) a movement or shift of a location of one or more buildings not more than two feet
in any direction from the location shown on the final site plan; and
(b) such shift does not alter proposed traffic flows or access; and
(c) such shift does not directly violate any express conditions (including, without
limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior
site plan approval,
then such modification may be made without requiring approval of the modified site plan
by the Planning Board. This waiver of the requirement of Planning Board approval is
not intended to permit construction in violation of any other provision of the Zoning
Ordinance including setback, side yard, and similar regulations, or the requirement to
obtain a building permit in those circumstances when otherwise required by the terms of
this ordinance.
SECTION 46-c. Waiver of Requirements Related to Site Plan.
The Town Board in those circumstances where a site plan is required for Town Board review,
and the Planning Board in those circumstances where a site plan is provided for Planning Board
review, may waive one or more items (e.g., topography) otherwise normally required to be
shown on the site plan when the applicable board determines that the circumstances of the
application do not require a full site plan for adequate consideration of the applicant's proposal.
SECTION 46-d. General Considerations.
The Planning Board's review of a general, preliminary, or final site plan shall include as
appropriate, but shall not be limited to, the following considerations:
1. Adequacy, arrangement, and location of vehicular access and circulation, including
intersections, road widths, pavement surfaces, off-street parking and loading areas, and
traffic controls.
2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and
circulation, control of intersections with vehicular traffic, and appropriate provisions for
handicapped persons.
3. Adequacy, location, arrangement, size, design, and general site compatibility of
buildings, lighting, signs, open spaces, and outdoor waste disposal facilities.
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Zoning Or.1, wp51 lion, 1177193
4. Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a
visual and/or noise -deterring buffer between the applicant's and adjoining lands,
including the retention of existing vegetation of value to the maximum extent possible.
5. In the case of a residential property, and in the case of other properties where
appropriate, the adequacy and utility of open space for playgrounds and for informal
recreation.
6. Protection of adjacent properties and the general public against noise, glare,
unsightliness, or other objectionable features.
7. Adequacy of storm water, drainage, water supply, and sewage disposal facilities.
8. Adequacy of fire lanes and other emergency provisions.
9. The effect of the proposed development on environmentally sensitive areas including but
not limited to wetlands, floodplains, woodlands, steep slopes, and water courses, and on
other open space areas of importance to the neighborhood or community.
10. Compliance with the Zoning Ordinance, subdivision regulations, if applicable, and any
other applicable laws, rules, requirements, or policies.
SECTION 46-e. Other Provisions
1. No building permit shall be issued for a project with an approved final site plan until the
applicant has furnished to the Town Engineer an irrevocable letter of credit in an amount
to be approved by the Town Engineer. Such letter of credit shall insure that all items
on the site plan that may be deemed necessary to provide for adequate traffic flow,
utilities, and other infrastructure items are constructed in accordance with the approved
final site plan and any other pertinent specifications and requirements. The Planning
Board may waive the requirement or may accept other evidence or promise of completion
of required facilities for the site plan if, in its discretion, it determines that there is no
need for the letter of credit.
2_ No final certificate of occupancy or cer*uflCate of Compliance shall be issued until ail
improvements shown on the final site plan as approved by the Planning Board are
installed or until a sufficient performance guarantee, such as a letter of credit, has been
provided to the Town for improvements not yet completed. The sufficiency of such
performance guarantee shall be determined by the Town Engineer after consultation with
the Building Inspector or other persons designated by the Planning Board. The Planning
Board may waive the requirement for such performance guarantee if, in its discretion,
it determines that the guarantee is not needed.
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Zoning Or.1, wp5I Izon, 1127193
3. Unless work has materially commenced in accordance with the final site plan within one
year from the issuance of the building permit authorizing such work, or within thirty-six
months of the date the Planning Board gave final site plan approval, whichever is earlier,
not only the building permit but the site plan approval (both final and preliminary) shall
expire and the permissible uses and construction on the property shall revert to those in
effect prior to the granting of any site plan approval. Notwithstanding the foregoing, if
final site plan approval was granted prior to July 8, 1991, the time for work to materially
commence shall be extended to July 8, 1994 or one year from issuance of a building
permit, whichever is earlier. The Planning Board, upon request of the applicant, after
a public hearing, and upon a finding that the imposition of the time limits set forth above
would create an undue hardship on the applicant, may extend the time limits for such
additional periods as the Planning Board may reasonably determine. An application for
such extension may be made at the time of filing of the original application or at any
time thereafter up to, but no later than, six months after the expiration of the time limits
set forth above.
For the purposes of this section, work will not have "materially commenced" unless, at
a minimum, (i) a building permit, if required, has been obtained; (ii) construction
equipment and tools consistent with the size of the proposed work have been brought to
and been used on the site; and (iii) substantial excavation (where excavation is required)
or significant framing, erection, or construction (where excavation is not required) has
been started and is being diligently pursued.
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Zoning Or.1, wpSllzon, 1127193
ARTICLE X
INDUSTRIAL PRODUCTS
SECTION 47. Use Regulations. In Industrial Districts buildings and land may be used for any
lawful purpose except as set forth below and except that all uses of land and buildings, and
industrial processing that may be noxious or injurious by reason of the emission of dust, smoke,
refuse matter, water carried waste, odor, gas, fumes, noise, vibration, or similar substances or
conditions may be permitted only upon special approval of the Board of Appeals. Such
industries as the following shall require such approval:
1. The manufacture or refining of acid, alcohol, ammonia, asphalt, tar and waterproofing
materials, bleach, chlorine, celluloid, disinfectant, exterminants and poisons, fertilizer,
glue, lamp black, matches, oil cloth and linoleum, paint, oil, shellac, turpentine and
varnish, paper and pulp, potash, pyroxylin, rubber and gutta percha, sauerkraut, shoe
polish, and creosote treatment or manufacture, stove polish, and garbage, offal, or dead
animal reduction, hog farms and the tanning, curing and storage of hides and skins.
2. Any of the following factories or works: arsenal, blast furnace, boiler works, iron, steel,
brass or copper foundry, metal ore, smelting, planing mill, rolling mill and stockyards
or slaughter house.
3. The manufacture or refining of brick, tile and terra cotta, cement, lime, gypsum and
plaster; emery cloth and sandpaper; paving materials; and the use of a coke oven or stone
crusher.
4. The wrecking of automobiles, and the storage of used auto parts, scrap metal, or junk,
rags and paper, and used building materials.
5. The manufacture or storage of explosives and gas, oil and other inflammables or
petroleum products.
The following uses are prohibited in an Industrial District:
(a) Any dwelling unit.
(b) Sales of any products at retail to the general public except as the same may
be related to and an incidental by-product of a permitted principal use such as
manufacturing.
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Zoning Or.], xpSllzon, 1127193
(c) Restaurants of any nature except for cafeterias or other similar facilities that
are incidental to and related specifically to a permitted principal use such as
manufacturing.
(d) Motel.
(e) Hotel.
SECTION 48. Performance Standards. Any use established in an Industrial District shall be
so operated as to comply with the performance standards governing noise, smoke, emission and
odor hereinbefore set forth in Article VIII, Section 42. No use already established on the
effective date of this ordinance shall be so altered or modified as to conflict with the
performance standards governing noise established herein.
SECTION 49. Yard Regulations. In Industrial Districts no yards are required except as
provided in Sections 61 and 63.
SECTION 50. Special Requirements shall be as follows:
Parking: a minimum of one parking space shall be provided for each 3 employees.
Parking shall not be located in any front yard. Parking lots shall be surfaced with black-
top, concrete, or other solid material and shall be graded so as to drain properly.
2. Off-street loading: off-street loading areas in such amount as may be necessary for the
sizes and types of proposed industrial operations shall be provided.
3. Access and Sidewalks: access drives shall be paved with black -top, concrete, or other
solid material, and, if business is to be carried on in the evening, shall be adequately
lighted. No lights shall be placed so as to reflect in an objectionable manner on
adjoining residential properties or public streets. Driveways and walkways shall provide
safe access, egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval of the appropriate
highway authority. Where density of population or school bus routes make it desirable,
the applicant shall install sidewalks with the approval of the appropriate highway
authority.
4. Signs, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any
residence district or nearer than 30 feet from any other district. A strip at least 10 feet
wide within such buffer area shall be planted or suitably fenced so as to screen the
Industrial District from present or future residences.
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