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HomeMy WebLinkAbout1992 Zoning OrdinanceTOWN OF ITHACA ZONING ORDINANCE AND CERTAIN RELATED LOCAL LAWS As of Febrwry 24, 1992 (Accompanied by Afgxndix of Certain Local Laws as enacted through February 24, 1992) TOWN OF ITHACA /ON1NG ORDINANCE AND CERTAIN RELATED LOCAL LAWS TABLE OF CONTENTS 1�(I+ 11 1 ............... 1 %I CI 1. Definitions 1 1 II ESTABLISHMENT OF DISTRICTS 9 ............... 1 (' I ION 2. Districts %I ( 1 ION 3. District Boundaries 9 .................... 10 N 1+ 1 11 LL• 11 A RESIDENCE DISTRICTS R5 11 ............... SECTION 3A. Location SECTION 3B. Use Regulations 11 ............... SECTION 3C. Accessory Uses 11 ............. SECTION 3D. Area, Yard, Coverage, Height Requirements..... 11 12 SI CTION 3E. Special Requirements .............. 12 %l ('TION 3F. Site Plan Approvals .................... 13 ^k I I( l I III RESIDENCE DISTRICTS R9 SI CI I l ON 4. Use Regulations 15 SI ( ' f l ON 5. .............. Accessory Uses 15 SI (' I ION 6. ............. Accessory Buildings 17 %l ( "I ION 7. .................... Yard Regulations 18 '18 SI-,CTION 8. ................. Building Coverage SI CTION 9. ................. . . Size and Area of Lot 18 NI CTION 10. ............... Special Properties 19 ............... 19 H 11( I I IV RESIDENCE DISTRICTS R15 20 SECTION 11. Use Regulations .............. SECTION 12. .... I ............. 20 Accessory Uses SECTION 13. Accessory Buildings ............. . 21 SECTION 14. Yard Regulations .................. 22 SECTION 15. Building Coverage ..... . .............. 22 SECTION 16. Size of Lot .................... 23 SECTION 17. Special Properties ............. 23 .................... 23 ARTICLE V RESIDENCE DISTRICTS R30 24 .............. SECTION 18. Use Regulations ..... I .......... SECTION 19. Accessory Uses 24 ................ SECTION 20. Accessory Buildings 26 ................... SFA-FION 21. Yard Regulations 27 ................ SI CTION 22. Building Coverage 27 .................... 27 SECTION 23. Size of Lot • • • • • • • • • ' ......... SECTION 24. Special Properties ... • • • • • • • • • • ' ' ' ' ' ' ' ARTICLE VI MULTIPLE RESIDENCE DISTRICTS. - - - - :: . SECTION 25. Location • • • • • • • ' ' ' SECTION 26. Use Regulations • • • • • • • • • • • ' ' ' ' . ' SECTION 27. Accessory Uses . • • • • • • • • • • ' ' ' ' ' ' . • ` SECTION 28. Area, Yard, Coverage & Height Requirements.... . SECTION 29. Special Requirements ................. SECTION 30. Site Plan Approvals .................... ARTICLE VII BUSINESS DISTRICTS .................. SECTION 31. Location of Districts .................... SECTION 32. Business Districts "A" . • • • • • • • • • • • ' ' ' ' ' " SECTION 33. Business Districts "B" ... • • • • • • • • • • ' ' ' SECTION 34. Business Districts licit ............... • • • • SECTION 35. Business Districts "D" .............. • ... ` SECTION 35A. Business Districts 11Uses. SECTION 36. Permitted Accessory • • • • • • • • • • ' ' ` ' SECTION 37. Area, Yard, and Height Requirements ......... SECTION 38. Special Requirements......... • • • • • • • • t ; ; SECT'iON 39. Site Plan Approvals ................ . ARTICLE VIII LIGHT INDUSTRIAL DISTRICTS... . SECTION 40. Location • • • • • • • • ' ' . SECTION 41. Permitted Principal Uses ............ . , ` Bards. ..... SEC i'ION 42. Performance Stan • ' ' ' SECTION 43. Accessory Uses . • • • • • • • • • • • ' . ' ' ` SECTION 44. Area, Yard,Coverage & Height Requirements.. . Special Requirements SECTION45.S � ••""""•• • • ' . Approvals .. . SECTION 45-a. Site Plan • ' • ' ' ' �k iTCLE IX SITE PLAN APPROVAL ............ + • ; SECTION 46. Procedure Related to Establishment of a Zoning District • • •• • •... . ,,.I.(-I'ION 46-a. Procedure Related to Special Ap p ` I CI I ON 46-b. Site Plan Requirements ......... %t I ' 1 i( )N 46-c. Waiver of Requirements Related to 'silt' 1'I•"' �.I 11ON 46 d General Considerations ....... til I II ►N 40 r t ►t ic•r Provisions .......... INDI'S'l KIAl PRODUCTS... • 17 l rw Regulatum% . .. • • I Ili reffsNlnAnre clan l.+r41.. .. . 1•J 1 on) iterulotuml, 0J boo. , a' i+4•yutten1r 11% 27 28 29 29 29 29 30 30 31 32 32 32 33 34 35 35 36 36 37 39 40 40 40 40 41 41 42 42 43 43 44 44 46 46 47 49 49 . 50 50 50 SECTION 50-a. Site Plan Approvals ................... 51 AR 1 IcLE XI AGRICULTURAL DISTRICTS ............. 52 SECTION 51. Use Regulations .................... 52 SECTION 51A. Radio Transmission Towers .............. 52 Alt l ICLE XII NON -CONFORMING USES ............... SECTION 52. Continuation of Existing Lawful Uses ......... SECTION 53. Abandonment of Use .................... SECTION 54. Alterations ................... • SECTION 55. Changes .................. • • SECTION 56. Restoration SECTION 56A. Amortization of Certain Non -Conforming Uses.. . ,% k 11('LE XIII GENERAL PROVISIONS ................. SECTION 57. Existing Lots .. • • ............. • • • SECTION 58. Building Floor Area .................... SECTION 59. Trailers ................... • SECTION 59A. Dish Antennae .... • • • • SECTION 60. Junk or Salvage Yards .................. SECTION 61. Front Yard Transition ................... SECTION 62. Side Yard on Corner Lot ................ . SECTION 63. Side and Rear Yard Transition .............. SECTION 64. Porches and Carports ................... SECTION 65. Fences and Walls .................... SECTION 66. Projections in Yards .................... SECTION 67. Reduction of Lot Area .................. SECTION 68. More than One Building on a Lot ........... SECTION 69. Parking Facilities .................... SECTION 70. Extraction or Deposit of Fill and Related Products. . SECTION 71. Public Garages & Gasoline Sales Stations...... . SECTION 72. Approval of County Health Department ........ SECTION 73. Abandoned Cellar Holes and Buildings........ . v I ICLE XIV ADMINISTRATION .................... SECTION 74. Enforcement .................... SECTION 74E. Applications for Approvals, Remedies or Relief . . SECTION 75. Permit to Build ................ • • • • SECTION 76. Certificate of Occupancy ................. SECTION 76-A. Fees for Use Permits, Operating Permits and Inspections .................... SECTION 77. Board of Appeals .................... SECTION 78. Planning Board Recommendations........... . SECTION 78-A. Posting of Notices.................... SECTION 79. Violations and Penalties .................. SECTION 80. Amendments .............. • • • • • • 56 56 56 56 56 56 57 59 59 59 59 59 60 61 61 61 61 61 61 61 62 62 62 65 65 66 67 67 67 67 69 69 70 72 72 74 74 I C' 5.1-1 Anchoring .................. A-13 SECTION 81. Validity 74 5.1-2 Construction Materials and Methods.. A-13 SECTION 82. When Effective .................... 74 5.1-3 Utilities .......... . , , , , , , , , A-13 SECTION 83. Existing Zoning Ordinance Amended, 5.1-4 Subdivision Proposals......... A-14 Re -Adopted and Re -Enacted .................... 74 5.1-5 Encroachments. .............. A-14 SECTION 84. Fees 75 5.2 Specific Standards. ............ A-15 5.2-1 Residential Construction ......... A-15 5.2-2 Nonresidential Construction ....... A-15 APPENDIX — 5.3 Floodways.................. A-16 '.I � I It ►N 6.0 Variance Procedure ................. A-16 Local Laws Amending the Zoning Ordinance - 6.1 Appeals Board ............... A-16 6.2 Conditions for Variances......... A-18 ,RTICLE XV LOCAL LAW #5 - 1985 RELATING TO FLOOD DAMAGE PROTECTION........... A-1 M4.11lulinn of the Town Board -February 26, 1973 -establishing SECTION 1.0 Statutory Authorization and Purpose ...... A-1 it ,111.111c lr%l lence district and a cluster development therein on 1ta Findings ................... A-1 A-1 I�..�iw rt� tit Schickel Environmental Development Company on 1.2 Statement of Purpose ........... 1.3 Objectives. SECTION 2.0 Definitions .................... A-2 A-6.:IN ,t I No. 3 - 1983 - Changing the zoning classification to SECTION 3.0 General Provisions ................. �� .1tip►�' residence district from a residence district R-15 of a 3.1 Lands to which this Local Law , I of land located on the north side of East King Road Applies .................... A-6 Imv 41, •al•nated on the current tax assessment map of the Town of 3.2 Basis for Establishing the Areas I i i ,j.., on parcel no. 44-1-4.3 .................... A-27 of Special Flood Hazard ......... A-6 3.3 Interpretation, Conflict with Related resolution on rezoning from Residential 15 to Multiple other Laws ................. other A-6 Residence District the same parcel of land, now referred to as 3.4 Severability .......... y ' ' ' . ' • ' A-7 Majestic Heights, made by Bill J. Manos, 3.5 Penalties for Non -Compliance...... A-7 Applicant, Owner and Developer ................. A-32 3.6 Warning and Disclaimer of Liability.. A-7 SECTION 4.0 Administration .................... A-8 l.�N•:+I Law No. 2 - 1984 -Adding to the list of permissible 4.1 Requirement for Development Permit . A-8 districts which may be designated as Special Land Use District 4.2-1 Development Permit Application .... A-8 (Limited Mixed Use) A-36 4.2-2 Duties of Owner .............. A-9 4.3 Duties and Responsibilities of the Local Law No. 3 - 1984 -Relating to the Walter J. and Joyce Y. Building Inspector ............. A-10 Wiggins La Tourelle development on Ithaca-Danby Road (Route 96b).... A-38 4.3-1 Permit Application Review........ A-10 4.3-2 Use of Other Base Flood and Local Law No. 4 - 1984 -Relating to Rocco Lucente -Sapsucker Floodway Data ............... A-10 Woods Road subdivision to permit conversion of 14 dwelling units ..... A-43 4.3-3 Information to be Obtained and Maintained ................. A-10 A-11 Local Law No. 4 - 1986 - To amend the Zoning Ordinance to 4.3-4 Alteration of Watercourses. ....... provide a Special Land Use District (Limited Mixed Use) at the 4.3-5 Interpretation of Firm Boundaries ... A-11 Biggs Complex owned by Tompkins County ................... A-48 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 Local Law No. 1 - 1987 - Providing a Special Land Use District (limited mixed use) at the former Cornell University Statler West A-53 Complex 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 A-56 home park district) ............. . Local Law No. 10 - 1987 - Rezoning the former Oddfellows Carriage House from residence district R-30 to multiple A-62 residence district • ..........' .... . Local Law No. 2 - 1988 - Providing a special land use district (limited mixed use) at 904-906 East Shore Drive for the Tompkins A-65 County Chamber of Commerce • • • • . • • • • • • ' ' Local Law No. 2 - 1989 - Providing a special land use district (limited mixed use) for the Indian Creek Retirement community A-69 on Trumansburg Road owned by CMH associates. ..... . ZONING ORDINANCE OF THE TOWN OF ITHACA, NEW YORK RE -ADOPTED, AMENDED AND REVISED AS OF FEBRUARY 24, 1992 (Effective February 26, 1968) . VA 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. 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.], wp51 Lzon, 2124192 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 unrelated 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. J, wp51 tzon, 2124192 (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. 2 1 3 Zonwwg Or], wp5l lzon, 2124192 (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 making 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. E wV (h 1, xp511zon, 2124192 A "dwelling" is a building designed or used exclusively as the living quarters for one or more families. A "dwelling unit" is a dwelling, or portion of a dwelling, providing complete living facilities for one family. A "one -family dwelling" is a detached building containing a single dwelling unit. A "two-family dwelling" is a detached building containing two dwelling units. 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 ill, mentally deficient, drug addicts or alcoholic patients. Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and other service or maintenance space shall be excluded in determining "habitable 17. A "front yard" is the open space between the street right of way line and the front line space". of the principal building, exclusive of overhanging eaves and other permissible projections, extended to the side lines of the lot. 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 1 5 Zoniwg Or.], wpSllzon, 2124192 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 wpSllzon, 2124192 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. �i "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 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 corporation which has been planned 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. 6 7 AWng Or.], wp51lzon, 2124192 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. XmWe 9* / *V51 L-on, 2124192 ARTICLE H ESTABLISHMENT 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 hccn further amended from time to time where areas may have been rezoned.] 8 1i 9 Zoning Or.], wp511zon, 2124192 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. Zoning Or.], wp511zon, 2/24192 ARTICLE II -A RESIDENCE DISTRICTS R5 E 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 3B. 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 10 11 Zoning Or.], wp511zon, 2124192 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 Or.], wp511zon, 2/24192 the density of population or school bus routes make it necessary, sidewalks and bus shelters may be required. r, 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. /, 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 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.], wp5llzon, 2174192 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 •• Or.1, wp51 lzon, 2174192 ARTICLE III RESIDENCE DISTRICTS R9 SLC TION 4. Use Regulations. In Residence Districts R9 no building shall be erected or uxtended and no land or building or part thereof shall be used for other than any of the following IuirWses. I . 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 ZonisVOr.], wp51Izon, 2124192 (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 ,. 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 E Zoning Or.], xp5l izon, 2124192 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 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 4, but subject to provisions of Section 45 and Section 69. 17 Zoning Or.1, wp51lzon, 2124192 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 garage, either attached to the principal building or separate therefrom, may be 7 feet from a side 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. Wi Zoning Or.1, xpSl lzon, 2124192 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.], wp51lzon, 2124192 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. 20 Zoning Or.], wp511zon, 2124192 (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. 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 Zonfg Or.], wp51Izon, 2124192 Zoning Or.], wpSllzon, 2124192 4. Accessory building subject to provisions of Section 13. Special yard requirements for specific uses as established by Section 11 are required. 5. A customary home occupation, such as dressmaking, hair dressing, laundering, home SECTION 15. Building Coverage. No building or buildings on a lot, including accessory cooking; carpentry, electrical, and plumbing work or similar manual or mechanical trade; buildings, shall be erected, altered, or extended to cover more than 20 operated solely by a resident of the dwelling, provided that no additional persons not per cent of the lot area. residing on the premises may be employed therein and that no goods or products are Projections described in Section 66 are not to be included in computing the publicly displayed or advertised for sale, that there be no outside storage, and that no percentage. noise, dust, disorder, or objectionable odor is experienced beyond the immediate property SECTION 16. Size of Lot. Lots in Residence Districts R15 shall meet the following minimum where such use is conducted. The above mechanical trades to be conducted in the requirements: basement of the dwelling or in a garage area not to exceed 200 square feet. 1. Minimum lot area shall be at least 15,000 square feet; and 6. The keeping of household pets and family gardens. 2. Minimum width at the street line shall be 60 feet; and 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. 3. Minimum width at the maximum front yard setback line (50 feet from the street line) shall be 100 feet; and 8. Signs, as regulated by the Town of Ithaca Sign Law. 4. Minimum depth shall be 150 feet. 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 SECTION 17. Special Properties. In the case of publicly owned properties, properties of occupy not more than 40 percent of any required rear yard and shall be not less than 3 feet from universities, colleges, cemeteries, or other private institutions, located in Residence Districts any side or rear lot line, except that a private garage may be built across a common lot line with R15, which comprise at least 6 acres in area and are traversed by interior roads or driveways, a party wall by mutual agreement between adjoining property owners. An accessory building the front and side yard requirements of Section 14 shall apply only along the exterior on a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings in no public street frontages and there shall be no rear yard requirements. 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 23 Zonwg Or.], wp5llzon, 2/24192 Zoning Or.], wp5llzon, 2124192 ARTICLE V (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. RESIDENCE DISTRICTS R34 (g) Nursing or convalescent home, or medical clinics. SECTION 18. Use Regulations. In Residence Districts R30 no building shall be erected or (h) The application for approval of any of the foregoing uses shall be referred expended and no land or building or part thereof shall be used for other than any of the following 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 purposes: approved same. If the Zoning Board of Appeals approves same, and if only a 1. A One -Family Dwelling. A one -family dwelling may be occupied by not more than 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 (a) One family, or 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 (b) One family plus no more than one boarder, roomer, lodger, or other approved by the Planning Board. occupant. 4. Garden, nursery, or farm, except a hog farm where the principal food is garbage. Sale 2. A two family dwelling, provided that the second dwelling unit shall not exceed 50% of of farm and nursery products shall be subject to the provisions of Section 18, Subdivision the floor area excluding the basement of the primary dwelling unit except where the ' 0. Usual farm buildings are permitted, provided that: second dwelling unit is constructed entirely within the basement area, it may exceed a. Any building in which farm animals are kept shall be at least 100 feet from any 50%. lot line or street right of way. 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 b. No manure shall be stored within 100 feet of any lot line or street right of way. family. 5. Any municipal or public utility purpose necessary to the maintenance of utility services 3. The following uses but only upon receipt of a special approval for same by the Board of except that substations and similar structures shall be subject to the same set -back Appeals in accordance with the procedures described below: requirements as apply to residences in the district in which the substations or similar structures are constructed. (a) Church or other places of worship, convent and parish house. 6. Cemetery and the buildings and structures incident thereto, but only upon special (b) Public library, public museum, public, parochial and private schools, daycare approval of the Board of Appeals. center, nursery school, and any institution of higher learning including dormitory accommodations. 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. (c) Publicly owned park or playground including accessory buildings and Any such stand shall be located a minimum of 15 feet from the street line, in such a improvements. manner as to permit safe access and egress for automobiles, and parking off the highway right of way. (d) Fire station or other public building necessary to the protection of or the servicing of a neighborhood. 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 (e) Golf course, except a driving range or miniature golf course. approval of the Board of Appeals. 24 25 Zoning Or.], wp5llzon, 2124192 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 Zoning Or.], wpSl Uon, 2124192 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 26 27 Zoning Or.], wp511zon, 2/24192 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.], wp51 tzon, 2124192 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 upon the special approval of the Board of Zoning Appeals 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.], wpSl lzon, 2/24/92 Zoning or.], wpSllzon, 2124/92 Coverage and Height Requirements shall be as follows: 2. Access and Sidewalks: Access drives shall be paved with black -top, concrete, orother 28. Area, Yard, solid material. Driveways and walkways shall provide safe access, egress and tr.itlit 1. Area: a minimum tract of one acre is required for the development of a Multiple circulation within the site. The placement, size and arrangement of access to public A -ay% shall be subject to the approval of the appropriate highway authority. Where density of Residence District. Said tract must contain at least 2,500 square feet of gross lot area population or school bus routes make it necessary, the applicant shall install sidewalks, for each dwelling unit to be constructed. with the approval of the appropriate highway authority. 2. Yards and Courts: 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 Front Yard - not less than 50 feet. the children and residents in the district. $ide Yards - not less than the height of the nearest structure, or fifteen feet, whichever 4. Screening of waste and refuse: No waste or refuse shall be placed outside any building is greater. in the Multiple Residence District except under the following conditions: an area less than twice the height of the nearest structure or thirty feet, common to all buildings, or a separate area for each building shall be reserved at the rear Rear Yards - not of the structure or structures. This area shall contain bins, or other receptacles adequate whichever is greater. to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be Courts - shall be completely open on one side, with a width not less than the height screened from the public view. of the tallest opposite structure and a depth not more than one and one- 5. Buffer Areas. No structure shall be placed nearer than 30 feet from any other district half the width. including any other residence district, agricultural district, industrial district, or business The distance between any two structures shall be no less than district. A strip at least 10 feet wide, within such buffer area, shall be suitably planted 3. Spaces Between Buildings: height the two buildings when averaged together, or twenty feet, whichever is to screen a multiple residence district from present or future residences, or a suitable the of screening fence shall be erected. greater. 4. Building Coverage: No building, including accessory buildings, shall be erected or 6. Landscaping, Fencing and Screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or altered to cover more than 30 per cent of the lot area. earth berm may be required to be provided in any area where the proposed multiple 5. Height: All structures shall conform in height with other structures in the vicinity, residence development or accessory facilities would create a hazardous condition or would detract from the value of the neighboring property if such landscaping, fencing, provided however, that no building shall exceed thirty-four feet in height from lowest feet in height from lowest exterior grade and further provided screening or berm were not provided. interior grade nor thirty than a building shall exceed thirty (30) feet in height. that no structure other 7. Signs, as regulated by the Town of Ithaca Sign Law. SECTION 29. Special Requirements shall be as follows: SECTION 30. Site Plan Approvals. No building permit shall be issued for a building within One or lot parking space shall be provided for each "Dwelling Unit", a Multiple Residence District unless the proposed structure is in accordance with a site plan Article IX. 1. Parking: garage one additional lot space for every 3 dwelling units. No parking shall be located approved pursuant to the provisions of plus farther than 200 feet from the dwelling unit it is intended to %rr%C, nor shall any Parking be allowed in any front yard or required side or rear yard. 1-arkity lots shall be surfaced with black -top, compacted gravel, or other dust -free malrri.►1. anal mast be graded so as to drain properly. 31 30 1Wr Zonng Or.], wpSllzon, 2124192 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 lA 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. Zoning Or.l, wp51 tzon, 2/24192 E. Retail food store. SECTION 33. Business Districts `B'. 1. 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 2. 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. 32 33 Toning ©r.], wpSlIzon, 2124192 Zoning Or.], wp51Izon, 2/24192 SECTION 34. Business Districts `C'. A. Any of the uses permitted in Business Districts `A' or `B' upon receipt of a 1. Uses permitted in a Business District `C' shall be the folloN il1r: special approval. Any of the uses set forth in paragraph 1B above where the interior floor area for B. A. Any of the uses permitted in Business District `A' or `B' that do not require a such use exceeds 10,000 square feet. special approval. C. Automobile sales agency, provided that the display of automobiles and accessories B. Any of the following uses provided that the interior floor area is 10,000 square is conducted entirely within a building. 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. Boat harbor and marina 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: 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 tot line of an adjoining owner and only on the approval of the Board of Appeals. Zoning Or.], wp51 tzon, V24192 4. Boat Harbor and Marina. SECTION 36. Permitted Accessory Uses, Permitted At, cw �r N i ' %c % in K isiness Districts "A", "B", `C", "D", and "E", shall be the following: 1. Automobile parking and off-street loading areas, subir, i to thr further requirements of this article. 2. Accessory storage buildings, but not to include outside .t�►►.+t�e. 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: l . 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.], wp5llzon, V24/92 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. 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 desireable, sidewalks shall be installed with the approval of the appropriate highway authority. 37 Zoning Or.], wpSl Izon, 2/24/92 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 We 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. S. Displays: in Business Districts "A", "B", "C", 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 for 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 Bard for final site plan approval as set forth below. 38 Zoning Or.l, wpSllzon, 2/24/92 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. 39 Zoning Or.1, wp511zon, 2124192 ARTIC L V V 11 LIGHT INDUSTRIAL DIS 1 R R IS 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 Dwiio R15. SECTION 41. Permitted Principal Uses. The principal uses permitted in a Light Industrial District shall be: industrial uses employing electric Ix►Hcr or other motor power, or utilizing hand labor for fabrication or assembly. SECTION 42. Performance Standards. Any use shall hr %o olwi.iicd as to comply with the performance standards governing noise, smoke emissions, and 4x1m 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 I 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 Zoning Or.], wp511zon, 2a4192 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 feet. 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. 40 ■ 41 Zorogg or.1, wpSllzon, 2/24192 SECTION 45. Special Requirements shall be as follows, l , parking: a minimum of one parking space shall be provided all � surfaced employees. k. Parking shall not be located in any front yard. Parking 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 aade ately ly lighted. No lights shall be placed so as to reflect in an objectionable tallmanneradjoining residential properties or public streets. Driveways and e placement, izeovand safe access, egress and traffic circulation within the site. The pace , 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. (. In addition to the landscaping, screening, fencing and earth bermbuffer requirements set forth may be required to be above, additional landscaping, fencing, screening, o provided in any area where the proposed sUe cofr then use would neighboringreate a property �su h ous condition or would detract from the � landscaping, fencing, screening, or berm were not provided. SECTION 45-a. Site Plan Approvals. No building permit is in be issued for with site plan a Light Industrial District unless the proposed structure approved pursuant to the provisions of Article IX. 42 Zoning Or.], wp5l izon, 2124192 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 30 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 thirty (30) 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. ), wp51 Izon, 2124/92 Special Approvals. in those circumstances where site SECTION 4&a. Procedure Related to 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 ether recommendations which it deems necessary to promote the general health, safety, morals, and the general welfare of the community. The Planning Board shall theft 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 thirty (30) 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 thirty (30) days after the hearing and forward the same to the Chairman or Clerk of the Board of Appeals. 3. The owner and applicant shall be bound by the final site plan as approved by the Planning Board. SECTION 46-b. Site Plan Requirements. 1. After a Residence District R5, Multiple Residence, Business, Light Industrial a 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 play are proposed, or whenever a site plan is required by any other provision of thn Ordinance, a site plan for the proposed use must be submitted and approved by dw 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 tit Special Approval was of sufficient detail and contained sufficient information as t constitute, in the Planning Board's discretion, a final site plan, such original site play shall suffice. Otherwise, the applicant shall submit a detailed site plan (hereinafte referred to as 'final site plan') in accordance with this Ordinance. This final site pla shall show (unless one or more items are waived by the Planning Board) property line including metes and bounds, adjacent public streets, topography, including existing 44 Zoning Or.], xpSllzon, 2124192 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 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 viols any express conditions imposed by the Planning Board in granting prior site plan approval, 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 45 I Zoning or.], wpSl lzon, 2124192 Zoning Or.], wpSl izon, 2124192 (b) such shift does not alter proposed traffic flows or access, and 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 (c) such shift does not directly violate any express conditions (including, without recreation. limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval, 6. Protection of adjacent properties and the general public against noise, glare, unsightliness, or other objectionable features. 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 7. Adequacy of storm water, drainage, water supply, and sewage disposal facilities. 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 8. Adequacy of fire lanes and other emergency provisions. obtain a building permit in those circumstances when otherwise required by the terms of this ordinance. 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 SECTION 46-c. Waiver of Requirements Related to Site Plan. other open space areas of importance to the neighborhood or community. The Town Board in those circumstances where a site plan is required for Town Board review, 10. Compliance with the Zoning Ordinance, subdivision regulations, if applicable, and any and the Planning Board in those circumstances where a site plan is provided for Planning Board other applicable laws, rules, requirements, or policies. 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 SECTION 46-e. Other Provisions application do not require a full site plan for adequate consideration of the applicant's proposal. 1. No building permit shall be issued for a project with an approved final site plan until the SECTION 46-d. General Considerations. 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 The Planning Board's review of a general, preliminary, or final site plan shall include as on the site plan that may be deemed necessary to provide for adequate traffic flow, appropriate, but shall not be limited to, the following considerations: utilities, and other infrastructure items are constructed in accordance with the approved final site plan and any other pertinent specifications and requirements. The Planning 1. Adequacy, arrangement, and location of vehicular access and circulation, including Board may waive the requirement or may accept other evidence or promise of completion intersections, road widths, pavement surfaces, off-street parking and loading areas, and of required facilities for the site plan if, in its discretion, it determines that there is no traffic controls. need for the letter of credit. 2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and 2. No final certificate of occupancy or certificate of compliance shall be issued until all circulation, control of intersections with vehicular traffic, and appropriate provisions for improvements shown on the final site plan as approved by the Planning Board are handicapped persons. 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 location,design, and general site compatibility a1: performance guarantee shall be determined by the Town Engineer after consultation with 3. Adequacy,in,s arrangement, size, the Building Inspector or other persons designated by the Planning Board. The Planning buildings, lighting, signs, open spaces, and outdoor waste disposal facilities. Board may waive the requirement for such performance guarantee if, in its discretion, 4. Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a it determines that the guarantee is not needed. 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 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, 46 M 47 Zoning Or.], wp5l lzon, 2124192 not only the building permit but the site 111an ap111"11 (11it11 11n•11 and preliminary) shall expire and the permissible uses and con%tnu to►n ►►n the• 11►1,1x rtN- shall revert to those in effect prior to the granting of any site plan appi4n.11 Niitm.ith%tanding the foregoing, if . final site plan approval was granted prior to 1 g one � r.0" `,,ll rmissuance of a building 1. time for work to materially commence shall be extended to July 8, 1994orc► permit, whichever is earlier. The planning Ekiard. utx►n n•yurM of the applicant, after a public hearing, and upon a finding that ache; m'xI" n�d� � �t it�`iu1'tice limits liet forth mits for such ve would create an undue hardship o pp additional periods as the Planning Board may ica%onably drtrrmine. An application for such extension may be made at the time of tiling 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. Zoning Or.l, wp5llzon, 2174192 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: 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, file and terra Gotta, 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. 48 0 49 Zoning Or.], wpSllzon, 2124192 ARTICLE XI AGRICULTURAL DISTRICTS SECTION 51. Use Regulations. In Agricultural Districts buildings and land may be used only for any lawful farm purpose, for a riding academy or for any use permitted in a Residence District R30. Other provisions of this ordinance notwithstanding, the following uses or activities shall not be permitted nearer to any Residence District than the following specified distances: 1. Establishment for the raising of fur -bearing animals - 1,000 feet. 2. Animal hospital, kennel, or place for the boarding of animals - 1,000 feet. 3. In agricultural districts, no non-agricultural building shall exceed thirty-four (34) feet in height from lowest interior grade nor thirty (30) feet in height from lowest exterior grade and no other non-agricultural structure shall be erected or extended to exceed thirty (30) feet in height. SECTION 51A. Radio Transmission Towers. In addition to the uses provided in Section 51, Radio Transmission Towers may be constructed and maintained in Agricultural Districts subject to the provisions of this section. 1. A Radio Transmission Tower, as used in this section, shall be a radio tower transmitting radio broadcasting signals, operated by a commercially operated radio broadcasting station, and licensed by the Federal Communications Commission. 2. No building permit shall be issued for the construction, operation and maintenance of such a tower except by special permission of the Board of Appeals after receiving an advisory opinion or recommendation from the Town Planning Board, in accordance with the following procedures. 3. FILING APPLICATION AND PLANNING BOARD PROCEDURE. a. The applicant will submit a written application for such a permit with the Building Inspector (or such other person as may be designated by the Town Board). The applicant will submit such information and documents as the Building Inspector (or any other officer or Town agency having jurisdiction) may require. Included in these documents must be a development plan and copies of all documents submitted by the applicant to the Federal Communications Commission or an) other governmental agency having jurisdiction. The Building Inspector will na _A _a - 4-u- 1...., „nt;1 -an annliratinn is complete. be required to proceed Ufluc u►ia isW, — -- . A Zoning Or.], wpSl Izon, 2124192 b. As soon after the applicant has filed all documents and supplied all the information required by such Officer, but not later than 30 days from the date a completed application is filed, the Officer shall file such application and all other documents with the Clerk of the Planning Board, who shall place the application on the agenda for the next meeting of the Planning Board. The application shall be reviewed at such meeting and the Chairman shall set a date for a public hearing, notice of which shall be (i) posted and (ii) published at least two times in the official newspaper, the first publication of which shall be at least 10 days prior to the date set for the hearing and (iii) mailed to owners of property lying within 1,000 feet of the proposed site and to such other owners of property in the vicinity of the proposed site as the Chairman of the Board shall determine. It shall be sufficient if the determination of the ownership is based on the current assessment roll and assessment map, but the failure to notify all such owners shall not render defective any action of the Planning Board or the Board of Appeals. The date of such public hearing shall be within 40 days from the date on which the completed application was filed with the Clerk of the Planning Board. 1. The Planning Board may at any stage of the proceedings require additional information, documents or testimony, and may adjourn final consideration of its recommendation for a reasonable period for the foregoing purpose and for further study and review, but no more than 60 days after the first date set for the hearing. C. Upon the completion of the hearing, and any adjournment thereof, the Planning Board shall adopt, by resolution, a written recommendation in the nature of an advisory opinion. Such report may (i) recommend acceptance, or rejection of the application in full or in part or (ii) acceptance with conditions or (iii) include such other recommendations or opinions as the Planning Board shall determine. 1. The report shall also be filed with the Clerk of the Board of Appeals who shall deliver promptly a copy to each member of such Board. 4. BOARD OF APPEALS PROCEDURE. a. The Clerk of the Board of Appeals shall (i) place the application on the agenda for the next meeting of the Board, and (ii) shall cause a notice to be published in the official newspaper, at least once giving notice of a public hearing which shall be held on such day and at such time as the Chairman of the Board shall direct. Written notice of such hearing shall also be mailed in accordance with the provisions of Section 3, above (Planning Board Procedures). Such notice shall be published and posted at least 10 days prior to the hearing and such hearing 52 ] 53 ZonftOr.1, wp51Izon, 2124192 Zoning Or.], wp51Izon, 2124192 shall be held not later than 40 dad % 1(1I1uN mr thr ishni• tit the Planning Board's g, The size of the site chosen for the proposed use. The radio transmission report with the Clerk of the bard tit Al)lx•.il% tower must be located on an unoccupied parcel having an area of sufficient b. The hearing before the Board shall he r+►nd" tr+l +n accordance with lawful size that no part of the tower will fall on neighboring property should the structure collapse and the size shall provide a buffer to other properties in procedures, as any appeal proeeedi Ir tw1oic the 1kiar 1. The hearing may be 4 recommendation the neighborhood. The size shall be at least SIX ACRES. adjourned and the Board may request turthrr u+turmation and from the Planning Board, or may send the ;illplicattoll tia 1, to the Planning Board h. Will project regularly cause objectionable odors, noise, glare, vibration, for further review. or electrical disturbance as a result of the project's operation? C. After the completion of all testimony given at the public hearing and the matters arising out of the application, the Board shall (3) The effect of the proposed use on the other properties in the neighborhood and submission of all pertinent its determination by a resolution adopted by a majority vote. Such the enjoyment by the inhabitants of their properties and whether it will materially make be made and filed within 64 days of the date on which the affect the value of such properties and the use and enjoyment of such properties determination shall first public hearing was held. The applicant shall be notified of the Board's by the occupants and any other effect of such use on the health, welfare and safety of the occupants of such properties. decision and copies shall be filed with the Town Clerk, the Zoning Officer and the Clerk of the Planning Board. 6. No building permit shall be issued until final approval has been granted to the applicant 5. The Planning Board, in making any report, and the Board of Appeals before rendering by any County, State and Federal Agency having jurisdiction in the matter and any and all other permits which may be required have been issued to the applicant. its decision, shall consider the following standards and matters: 7. The applicable procedures of the State and Local SEQR Laws shall be complied with. (1) The need in the community for the proposed use. (2) The appropriateness of the proposed site including such matters, among others, 8. MISCELLANEOUS. as the following: a. The applicant will furnish a typewritten list of all owners of property in the area to whom notice must be mailed including their address and tax parcel number. a. The availability of alternative sites. b. The physical features and the general character, present use, and probable b. Because of the special nature of the proposed use, the applicant shall pay the cost of publishing the requested notices in the newspaper and the cost of mailing future use of the land in the neighborhood. notices to the owners of other properties as required by this law, in addition to C. Is the density of the land in the vicinity such as to warrant the proposed the fees prescribed for issuance of building permits. use? C. All provisions of the Town's Zoning Ordinance and other applicable laws not d. Is the site reasonably adapted for the proposed use? inconsistent with this law shall govern all proceedings. e. The distance from existing and proposed public rights of way and from existing residential development; nature of access to and from the site. f. The adaptability of the site for the proposed use; topography, buffers, screening and fencing. 54 55 Zoning Or. 1, wp5l lzon, 2124192 ARTICLE Xn NON-CONFOI NUM; I `I S SECTION 52. Continuation of Existing La%%tul Itses I %cel►t .►% littwided in Sections 53, 54, 55, 56, 56A, and 73, any lawful use of land or it hu►l(l►nh or a h.►rt thereof, existing at the time of this ordinance as amended may be continued, alih► ul-l► sut 11 hu►Idrnt, or use does not conform to the provisions thereof. SECTION 53. Abandonment of Use. A non -conforming use that has been discontinued for a period of one year shall not be re-established and shall not be replaced by another non- conforming use. Thereafter the use shall be in conformity with the provisions of this ordinance. Nothwith standing the foregoing, a non -conforming use that ceases to operate because of a national emergency or because of temporary government restrictions may be resumed within a period of one year from the time that such emergency terminates or such restrictions are removed. SECTION 54. Alterations. No non -conforming building or use shall be extended except as authorized by the Board of Appeals. Zoning Or.], wpSllzon, 2174192 one year of the loss of the building and provided that the use of the building in the manner in which it was used prior to the loss is recommenced within one year. The time limit may be extended by the Board of Appeals in cases of practical difficulty or unnecessary hardship. SECTION 56A. Amortization of Certain Non -Conforming Uses. 1. Notwithstanding any other provisions of this Ordinance and in an effort to provide for generally uniform limitations regarding residential occupancy throughout the residential districts of the Town, the non -conforming occupancies referred to in this section shall be terminated as set forth below. 2. 3. SECTION 55. Changes. A non -conforming use may be changed to another non -conforming use of the same or more restrictive classification and when so changed to a more restrictive use, it shall not again be changed to a less restrictive use. The order of the classification of 4 restrictiveness from the most restrictive to the least restrictive shall be as follows: Areas of Special Flood Hazard Residence District R15 Residence District R30 Residence District R9 Multiple Residence District Agricultural District Business District "A" Business District "B" Business District "C" Business District "D" Business District "E" Light Industrial District Industrial District SECTION 56. Restoration. Nothing herein shall prevent the continued use and substartW restoration of a building damaged by fire, flood, earthquake, act of God, act of the public enen) or catastrophe beyond the control of the Owner provided such restoration is completed witWn This section shall apply to residential occupancies in residential districts R5, R9, R15, R30, Multiple Residence, and any special land use districts which include occupancy of dwellings as a permitted use. On and after March 1, 2006, notwithstanding whether a valid non -conforming use or occupancy existed at the time of the enactment of this Zoning Ordinance, or at the time of any amendment to this Ordinance limiting occupancy, no dwelling unit shall be occupied except in the manner specifically permitted by the applicable provisions of this Ordinance and any non -conforming occupancy in a dwelling unit which may have existed prior to the date of the enactment of this section shall be terminated. The limitations imposed by this section'shall not apply to buildings for which variances from the occupancy requirements of this Ordinance have been granted by the Board of Appeals, either before or after the enactment of this section. 5. A non -conforming use due to be terminated pursuant to this section may be extended upon application for a special permit for such extension from the Board of Appeals. Such permit shall not be granted unless the applicant establishes and the Board of Appeals finds that, notwithstanding the fifteen year period for amortizing a non- conforming use provided for in this section, termination of the non -conforming use would cause serious financial harm to the property owner not balanced or justified by the advantage to the public in terms of more complete and effective zoning accruing from the cessation of such use. In making this determination the Board shall consider, among other factors (including the factors set forth elsewhere in this Ordinance relating to the issuance of special permits or approvals), (i) the nature of the non -conforming use; (ii) the cost of converting to a conforming use; (iii) the amount of investment that existed in the property on the date of the enactment of this section; (iv) the detriment caused by the non -conforming use; (v) the character of the neighborhood; (vi) the ability of the landowner to have amortized the cost of the landowner's investment over the fifteen years provided between the enactment of this section and the required termination of such use; and (vii) whether an additional reasonable amount of time is needed by the owner 56 57 Zoning Or.], wpSl lzon, 2124192 to amortize the owner's investment. In making its determination the Board shall disregard, as irrelevant, any costs for purchase of a non -conforming building or property or costs to repair, maintain, improve or enlarge a non -conforming property, incurred after March 1, 1991. If the extension is granted, the Board of Appeals shall set a fixed additional period for the extension of time before the non -conforming use must be terminated. Zoning Or.], wpSllzon, 2/24/92 ARTICLE XIII GENERAL PROVISIONS SECTION 57. Existing Lots. Other provisions of this ordinance notwithstanding, nothing shall prohibit the use for a single family dwelling of a lot of deed record at the time of the passage of this ordinance, as amended, of less than the required size of lot in any district except an Industrial District, provided that all other provisions of this ordinance are complied with. SECTION 58. Building Floor Area. No dwelling in any district shall be erected or altered so as to provide for less than 600 square feet of net enclosed floor area. SECTION 59. Trailers. Trailer camps or parks and trailers or mobile homes for occupancy shall be prohibited in all districts except Residence District R5 and except as follows: a. One mobile home may be placed on a vacant lot in a residence or agricultural district for use as temporary housing during the construction of a permanent dwelling on said lot for a period not to exceed 18 months, unless such period be extended by permission of the Town Board, provided that said trailer shall be occupied by the owner of record of said lot. Said trailer must be removed upon the completion of construction although the 18 month time limit may not have fully expired. I b. Upon special approval of the Zoning Board of Appeals to be reviewed each year, one mobile home for each property owner shall be permitted in all agricultural and R30 districts, provided that one of the occupants of said mobile home shall be a full time agricultural employee of the property owner or a bona fide agricultural student doing agricultural work for the property owner. SECTION 59A. Dish Antennae. Free-standing and roof -mounted dish antennae shall be prohibited from all districts except as follows: a) In Residential Districts R9, R15, and R30, and Agricultural Districts, a free-standing dish antenna with a diameter or height of 15 feet or less shall be considered a permitted accessory building and subject to all applicable yard and height requirements. b) In all other zoning districts, free-standing or roof -mounted dish antennae with a diameter of less than six (6) feet are permitted. In such districts such antennae with a diameter of six feet or more may be permitted following site plan review by the Planning Board. In the site plan review, the Planning Board shall consider: 58 0 59 Zoning Or.], wpSlIzon, 2124192 i) the aesthetic effect of such antenna and thr click I ►m i nciPhhorhood property values; ii) the accessibility of the particular pro1wrIN to comille►t 1.11 t abie television service; iii) the location of the property and its effect on thr phs.it al rtlec iiveness of the dish antenna; iv) landscaping, berming and buffering. c) Except as permitted as part of the site plan approval in the inc-Lrklml, paragraph, no dish antenna may exceed 15 feet in height when measured %cmi alk iron the highest exposed point of the antenna, when positioned for operation, Io the of the base which supports the antenna. d) No dish antenna may be located on any portable device, including a trailer, designed principally for the transportation of such dish antenna. However, a portable or trailer - mounted antenna may be placed on a lot by an antenna installer for a period not to exceed one week for the purpose of determining the most acceptable place for a permanent installation. e) A dish antenna located on a building within 200 feet of an R9, R15, or R30 zone shall not exceed 6 feet in height above the roof height at the building line. f) The installation of all roof -mounted dish antennae must be certified by a registered architect or professional engineer. g) No such antenna or device shall be abandoned unless the owner removes same from the premises and restores the surface of the ground to its original grade and approximately the same condition as before the antenna or device was installed. h) Applicability. Regulations on dish antennae apply to all types of installations, such as: i) Dish antennae serving more than one user on a single lot, such as apartments in an apartment complex, mobile homes in a mobile home park, or separate business establishments in a single business building; ii) Dish Antennae operated by commercial, regulated cable systems; iii) Dish antennae which serve one user on one lot. SECTION 60. Junk or Salvage Yards. Any area used for the processing, storage, or sale of rags, scrap paper, scrap metal, or junk, including automobile salvage yards or used automobile parts or building materials salvage yards shall be completely enclosed by a substantial and solid fence with openings only for ingress and egress. Such fence shall be at least 6 feet high and shall be no nearer than 25 feet from any public highway right of way line. There shall be no Zoning Or.], wpSllzon, 2124192 storage outside the fence. Any such junk yards existing at the time of enactment of this ordinance shall comply with these requirements within one year of such date. SECTION 61. Front Yard Transition. Where an Industrial District abuts a Residence District on a street line, there shall be provided for a distance of 50 feet from the district boundary line into such Industrial District, a front yard equal in depth to one-half the required front yard in the Residence District. SECTION 62. Side Yard on Corner Lot. On a corner lot in a Residence or Business District the yard width on the side street shall be at least one-half the required front yard for adjoining properties on the side street, but in no event less than 10 feet. SECTION 63. Side and Rear Yard Transition. On every lot in a Business or Industrial District that abuts directly on a Residence District, there shall be provided a yard of at least 25 feet in width on such lot along the line or lines where it abuts such Residence District. SECTION 64. Porches and Carports. In determining the percentage of building coverage or the size of yards for the purpose of this ordinance, porches and carports, open at the sides but roofed, shall be considered a part of the building. SECTION 65. Fences and Walls. The provisions of this ordinance shall not apply to fences, or walls not over 6 feet high above the natural grade, nor to terraces, steps, unroofed porches, or other similar features not over 3 feet high above the level of the floor of the ground story. SECTION 66. Projections in Yards. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, pilasters, leaders, chimneys, cornices, eaves and ornamental features, provided that no such projection may extend more than 2 feet into any required yard. Bays including their cornices and eaves, may extend not more than 2 feet into any required yard provided that the sum of such projections on any wall shall not exceed one-third the length of such wall. An open fire balcony or fire escape may extend not more than 4 feet into any required yard. SECTION 67. Reduction of Lot Area. Whenever a lot upon which stands a building is changed in size or shape so that the area and yard requirements of this ordinance are no longer complied with, such building shall not thereafter be used until it is altered, reconstructed or relocated so as to comply with these requirements. The provisions of this Section shall not apply when a portion of a lot is taken for a public purpose. 60 61 Zoning Or.l, wpSllzon, V24/92 SECTION 68. More than One Building on a Lot. Other than in a multiple residence district, there shall not be more than one principal building on any lot in any residential district. When there is more than one principal building on a lot in any non-rc%idential district or in a multiple residence district, the space between such buildings must be at least equal to the sum of the side yards required by such buildings or the sum of the rear and the front yards as the case may be. In an agricultural district, where a lot is used or occupied primarily for non-agricultural purposes, there shall not be more than one principal building on such lot. In an agricultural district where a lot is used primarily for agricultural purposes, there shall be no more than one principal building for each 30,000 square feet of lot area and no more than one non-agricultural principal building (e.g. a residence as opposed to a barn) on each 30,000 square feet of lot area. SECTION 69. Parking Facilities. Every building housing or designed to house more than 2 families shall provide in connection with it and on the same lot garage space or off-street parking space for automobiles equivalent to the number of dwelling units provided in such dwellings. No automobile parking area shall be included in any front yard, except for a lot with a single dwelling, housing not more than 2 families. The following uses shall be provided with off-street parking facilities: 1. School or other educational institutions - 2 spaces for each class room. 2. Hospital. sanitarium or nursing or convalescent home - 1 space for each 2 beds. 3. Medical clinic - 4 spaces for each doctor, or for each office in which a medically -trained person is regularly in attendance, whichever figure is larger. 4. Roomine house or tourist house - 1 space for each room offered to rent. 5. Fraternity or sororitv house or membership club - 1 space for each 4 beds, or one space for each 5 members, whichever figure is larger. SECTION 70. Extraction or Deposit of Fill and Related Products. 1. In any district no more than 50 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials (hereinafter referred to collectively as "fill") shall be deposited or removed or offered for sale in any one year, except in connection with a public work on the property or the removal of silt or other recently accumulated material that blocks a normal flow of a water course, without the special approval of the Board of Appeals. 2. In applying for such approval, the applicant shall submit to the Board a plan of the proposed project, showing property lines, and adjacent public ways, grades and depths of proposed deposit or removal, soil types or fill types to be deposited or removed, erosion control during and after construction, projected duration of project, proposed regrading and replanting of the property upon completion of the operation, and such other items as the Board or Town Engineer may require to adequately review the proposed project. Zoning Or.], wpSllzon, 2124192 3. The Board shall not act until the Town Engineer has reviewed such plan and advised the Board that in his professional opinion the plan adequately protects the property and surrounding properties from significant adverse consequences of such deposit or removal, including, when completed, adverse drainage, erosion, visual or other adverse impacts. Before issuing a special approval, the Board shall make the same findings as are required for the Engineer's opinion. In considering the proposed use the Board shall take into account the distance of the operation from neighboring property and public ways, the possible detriment of such use to the future development of the land in question, and significant nuisance or detriment of the operation to neighboring landowners and to the community as a whole. 4. The Board may impose such conditions upon the applicant as it deems necessary to protect the general welfare of the community, which may include a time limit upon operations, standards for performance, and the requirement that a performance bond be posted to insure compliance with the requirements of this ordinance and with any further reasonable conditions imposed by the Board. 5. In the event that the proposed movement of material involves the deposit or extraction of more than 2,500 cubic yards, the matter shall first be referred to the Planning Board for its recommendation before the Board of Appeals makes its final decision. 6. In the event that the proposed movement of fill involves the deposit or extraction of less than 250 cubic yards, the Town Engineer may grant written approval provided that the Engineer determines, before issuing the approval that the proposed plan (a) Provides for appropriate erosion control during and after construction; (b) Protects against adverse drainage on the subject property and surrounding properties; (c) Provides for appropriate revegetation when necessary; (d) Provides for appropriate slope controls; and (e) Does not adversely affect properties surrounding the designated site both during and after removal or deposit of the fill. The Town Engineer may impose such conditions upon the applicant as the Engineer deems necessary to protect the general welfare of the community, which may include a reasonable time limit upon operations, reasonable standards for performance, and the requirement that a performance bond or other security in a reasonable amount be posted to insure compliance with the requirements of this Ordinance and with any further reasonable conditions imposed by the Engineer. 62 1 63 Zoning Or.], wpSl lzon, 2124192 7. The following are excepted from the requirements set forth aho%e: (a) Any normal building operation in connection with a legal building permit, such as excavation, filling, or grading, shall be excepted from the provisions of this Section provided, however, that this exception shall apply only where the total amount of material moved from one place to another place on the construction site is less than 700 cubic yards and where the total amount of material removed from the construction site to an off -site location (or brought to the construction site from an off -site location) is less than 500 cubic yards. For the purpose of this section a "construction site" consists of the larger of the following areas: (i) an area of 30,000 square feet in which the proposed construction is to be located; or (ii) the area contained within the footprint of the proposed structure plus an additional 50 feet adjacent to the perimeter of the proposed structure. (b) Removal or deposit of fill in connection with the construction of a septic field or septic system on an individual lot pursuant to a permit obtained from the Tompkins County Health Department. (c) Removal or deposit of fill in connection with construction in accordance with a site plan approved by the appropriate Town authority (e.g. Town Board, Town Planning Board or Zoning Board of Appeals) provided that such construction occurs within three years of the final approval of such authority or by December 31, 1992, whichever is later. Notwithstanding the foregoing, as to any site plan approvals granted on and after January 1, 1992, if fill is being removed to or from another site in the Town, and if the plans for the removal from, or deposit on, such other site were reviewed by the Town Engineer and the Board granting such approval was advised of the results of such review and specifically included the proposed disposition of such fill in its approval, no further approval under this section 70 shall be required provided the construction occurs within the time limits set forth above. If the disposition of fill was not specifically approved by the applicable Board in connection with any such post December 31, 1991 approvals, this exception shall not apply and the appliduit shall be required to obtain special approval for the deposit or removal of fill relative to such other site in accordance with the terms of this Section 70. (d) Removal, movement, or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three year period in conjunction with one or more bona fide agricultural uses. Zoning Or.], wpSl Izon, 2124192 (e) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved in accordance with the requirements of the Town of Ithaca Planning Board provided, however, that (i) plans for such construction showing in sufficient detail the proposed removal and/or deposit of fill (including, when removal from or deposit on to an off -site location is contemplated, adequate plans of such off -site location showing the required information relative to the disposition or removal of fill to or from same) were submitted to the Planning Board and approved by the Town Engineer in conjunction with the subdivision approval; or (ii) the Planning Board expressly waived the requirement of submission of such drawings and the total amount of fill to be either deposited or removed is less than 500 cubic yards. (f) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved on or before January 1, 1992, in accordance with the requirements then in effect of the Town of Ithaca Planning Board provided such removal or fill occurs no more than three years after the granting of final subdivision approval by the Town Planning Board or before December 31, 1992, whichever date is later. SECTION 71. Public Garages and Gasoline Sales Stations. 1. No part of any building used as a public garage or gasoline service station and no filling pump, lift or other service appliance shall be erected within 25 feet of any Residence District or in any required side yard. 2. No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance installed in connection with any gasoline sales station or public garage shall be within 15 feet of any street line or highway right of way line, and when so installed shall not be a violation of front yard requirements specified elsewhere in this ordinance. SECTION 72. Approval of County Health Department. No building permit, trailer permit, or certificate of occupancy issued under the terms of this ordinance shall become or remain valid unless the holder thereof complied with rules and regulations of the Tompkins County Health Department under the terms of the County Sanitary Code. Where minimum lot sizes are specified in this Ordinance, the same shall be subject to the approval of the Tompkins County Health Department or any successor agency, and if such Department or successor requires larger lots to comply with the County Sanitary Code, the requirements of such Department or successor shall govern. 65 Zoning Or.], wpSl Uon, 2124192 Zoning Or.l, wpSllzon, 2124192 SECTION 73. Abandoned Cellar Holes and Buildings. Within one year after work on any ARTICLE XIV excavation for a building has begun, any excavation for a building shall be covered over or refilled by the owner to the normal grade. Any building substantially destroyed by any cause ADMINISTRATION shall be rebuilt or demolished within one year. Any excavation or cellar holes remaining after the demolition or destruction of a building from any cause shall be covered over or filled by the SECTION 74. Enforcement. This ordinance shall be enforced by a person designated by the owner within one year. Town Board who shall in no case, except pursuant to written order of the Board of Appeals, $ grant any building permit or certificate of occupancy for any building or premises where the proposed construction, alteration or use thereof would be in violation of any provision of this ordinance. SECTION 74E. Applications for Approvals, Remedies or Relief. Every applicant for any approval, remedy or any other relief under this Article or any other Article of this Zoning Ordinance shall disclose the information required by Section 809 of the General Municipal Law. SECTION 75. Permit to Build. No principal building or accessory building, nor any other structure, including but not limited to, tanks, power and pump stations, swimming pools, and signs (except as permitted by the Town of Ithaca Sign Law), in any district, shall be begun, erected, constructed, enlarged, improved, renovated, repaired, or altered, without a permit to build, issued by the person designated by the Town Board, except that no building permit shall be required for: 1. Repairs, alterations, or renovations to existing buildings provided that the repairs, alterations, or renovations: (a) cost less than $10,000.00; z (b) do not materially affect structural features of the building; (c) do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; (d) do not involve the installation or extension of electrical, plumbing, or heating systems; and (e) do not include the installation of solid fuel burning heating appliances and associated chimneys and flues. 2. An accessory building in an agricultural or residential district, provided that such building: (a) costs less than $3,000.00; 66 67 Zoning Or.], wp51lzm. 2/74/92 (b) is less than 12 feet in height; (c) does not involve the installation or extension of electrical, plumbing, or heating systems; and (d) does not include the installation of solid fuel burning heating appliances and associated chimneys and flues. 3. Parking spaces in R5, R9, R15, R30, and agricultural districts provided that such parking spaces cost less than $10, 000.00. This waiver of the permit to build requirement for alterations, accessory buildings, and parking spaces shall in no case relieve the property owner from compliance with other provisions of this ordinance or of the New York State Uniform Fire Prevention and Building Code, or any successor ordinances or statutes. No permit to build shall be issued except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this Ordinance. No such permit shall be issued, except pursuant to written order of the appropriate authority granting variances where the proposed construction, alteration, or use would be in violation of any provision of the New York State Uniform Fire Prevention and Building Code or any successor statute. Every application for a building permit shall state in writing the intended use of the building and shall be accompanied by a plot plan with all dimensions shown indicating the size and shape of the lot and buildings. Every such application for a building permit shall also contain additional information such as the intended number of occupants, the number of rooms, statement as to whether any portion will be occupied by the owner or will be leased, and such application shall be accompanied by an interior plan showing number and layout of rooms, and such application and such plan shall contain such additional information as may be reasonably required by the Town Building inspector or other officer authorized to issue such permit or as may be required from time to time by the Town Board. Zoning Or.], wpSllzon, 2124192 Every application for a building permit shall be accompanied by a fee computed on the basis of the value of the improvement to be constructed as follows: Value of Improvement &t $ 1- $ 5,000 5,001- 10,000 $ 20.00 10,001- 20,000 30.00 20,001- 30,000 45.00 30,001- 40,000 65.00 40,001- 50,000 85.00 50,001- 150,000 100.00 150,001- 250,000 250.00 250,001- 500,000 350.00 500,001- 1,000,000 50 50 0.00 1,000,001- 2,500,000 750.00 2,500,001- 5,000,00 1. ,0 0000 5,000,001-10,0001000 ,00 2,000.00 10,000,001-20,000,000 20, 000, 001 and over 4,000.00 5,000.00 Unless there has been substantial progress in the work for which a building permit was issued, said building permit shall expire one year from the date of issue. SECTION 76. Certificate of Occupancy. A Certificate of Occupancy shall be required for all work for which a building permit is required to be issued under inance or under any other Ordinance or Local Law of the Town of Ithaca or under he NewO� k State Uniform Fire Prevention and Building Code or any successor statute. Further, a Certificate of Occupancy shall be required for all buildings which are converted from one general occupancy classification to another and such classifications are defined in part 701 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, or any successor rules or regulations. The issuance of building permits and Certificates of Occupancy shall be governed, in addition to the requirements of this Ordinance, by the requirements of the New York State Uniform Fire Prevention and Building Code, the rules and regulations promulgated thereunder, and any similar or successor statutes, and in accordance with the requirements of any laws, ordinances, rules or regulations of the Town of Ithaca including, without limitation, Local Law No. 1 of the year 1981 as the same has been subsequently amended,. The fee for the issuance of a Certificate of Occupancy shall be $50.00. SECTION 75-A. Fees for Use Permits, Operating Permits, and Inspections. Zoning Or.], wpSllzon, 2/24192 Zoning Or.], wp5l1zon, 2/24192 (e) The proposed access and egress for all structures and uses shall be safely designed. (a) If a variance, special approval, special permit, or determination is being sought from (f) The general effect of the proposed use upon the community as a whole, including the Zoning Board of Appeals and the matter is not required to be heard by the Planning Board before action by the Zoning Board of Appeals, the notice shall be posted before such items as traffic load upon public streets and load upon water and sewerage systems the initial Zoning Board of Appeals public hearing on the matter. is not detrimental to the health, safety and general welfare of the community. (b) If a variance, special approval, special permit, or determination is being sought from 8. The Board may impose upon the applicant such reasonable conditions as it deems the Zoning Board of Appeals but a recommendation relating to such action must first be necessary to protect the general welfare of the community. received by the Board of Appeals from the Planning Board before the Zoning Board of Appeals determines the matter, the notice shall be posted prior to the first Planning Board 9. Where the terms of this Ordinance require a matter to be referred to the Planning Board public hearing on the matter. for a recommendation before action is taken by the Board of Appeals, the Board of Appeals shall not hear the matter unless and until the Planning Board has reviewed the h (c) If a subdivision or site plan approval is being sought from the Planning Board, the matter and recommended the action affirmatively. The Planning Board shall act within notice shall be posted before the first Planning Board public hearing on the application. 60 days of receipt of the application. Failure to act within such time period shall be y deemed an affirmative recommendation unless the time to act is extended with the d If the application is for rezoning of a parcel or parcels of land in conjunction with O pp g p applicant's consent. In the event the Planning Board recommends affirmatively, but with a proposed development on same a notice shall be posted and it shall be posted prior to conditions, the approval of the Board of Appeals shall include the Planning Board's the initial Planning Board hearing on the proposed rezoning. If the rezoning is a conditions, plus any additional conditions the Board of Appeals deems necessary. rezoning generally of the neighborhood independent of a particular application for a particular project, or is a rezoning of an area of more than 300 acres, there shall be no 10. Unless work has commenced in accordance with the variance or special approval given posting requirement unless the Town Board directs such posting. In such event the Town by the Board of Appeals within one year from the issuance of the building permit Board may designate the location and frequency of such posting, which may be different authorizing such work, or within eighteen months of the granting of such variance or than otherwise required hereunder. special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property 2. The posting shall occur at least 14 and not more than 30 days before the first meeting shall revert to those in effect prior to the issuance of such special approval or variance. of the Board at which the matter is to be heard as set forth above. SECTION 78. Planning Board Recommendations. In making recommendations to the Town 3, The sign shall be posted in a location clearly visible from the roadway at or near the Board and the Board of Appeals, the Planning Board shall determine that: center of each of the property lines of the property under consideration which property line fronts on an existing public or private roadway. If the road frontage exceeds 1,000 1. There is a need for the proposed use in the proposed location. feet, signs shall be posted at 500 foot intervals along the frontage. When the Town Planner or Town Building Inspector and Zoning Enforcement Officer finds that the 2. The existing and probable future character of the neighborhood in which the use is to be particular circumstances of an application warrants more signs than required by this located will not be adversely affected. provision, the applicant shall post such additional signs as may be directed by either of such officers. 3. The proposed change is in accordance with a comprehensive plan of development of the Town. 4. Such signs shall be continuously maintained by the applicant and displayed facing the roadway until final action has been taken by the Board involved approving or denying SECTION 78-A. Posting of Notices. In addition to any other notice required by law, a public the application or appeal, or until the application is withdrawn. Signs shall be removed notice shall be posted by the applicant on the property that is the subject of certain applications within 15 days of the final action or withdrawal of the application. as set forth in this section. 5. The required signs shall be obtained from the Town Planner, Town Building Inspector 1. The sign shall be so posted in the following circumstances: and Zoning Enforcement Officer, or Town Clerk and shall contain the information set 72 73 Zoning Or.l , wp31 Izon, 2124192 forth on the form of sign supplied by the Town. There shall be no fee for the first sign. If additional signs are required the applicant shall pay a non-refundable fee for each subsequent sign or replacements thereof. The fee shall be $3.00 per sign. 6. Failure to post or maintain the signs as provided in this section shall not be a jurisdictional defect and any action taken by any Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this section. However, the failure to post or maintain the sign may be grounds, should the Board involved in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The appropriate Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section. SECTION 79. Violations and Penalties. Pursuant to Section 268 of the Town Law any person, firm, corporation or other entity violating any provision of this Ordinance or any provision of the subdivision regulations of the Town of Ithaca shall be deemed guilty of an offense and upon conviction thereof shall be subject to a fine or to imprisonment as provided in Section 268. Each week's continued violation shall constitute a separate offense. Notwithstanding any other provisions of this Ordinance or the subdivision regulations of the Town of Ithaca, the Planning Board may refuse preliminary or final subdivision approval to a subdivision as long as the subdivider, or any person or entity under the control of or controlled by the subdivider, is in default in the performance of any actions required of them pursuant to law or pursuant to conditions imposed in connection with a previously approved subdivision in the Town of Ithaca. SECTION 80. Amendments. This ordinance may be amended as provided by law. SECTION 81. Validity. The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof. SECTION 82. When Effective. This ordinance shall be in force and effect immediately upon adoption and publication as provided by law. SECTION 83. Existing Zoning Ordinance Amended, Re -Adopted and Re -Enacted. The existing Zoning Ordinance of the Town of Ithaca, New York, as amended, adopted October 25, 1954, is hereby re-enacted, re -adopted and amended. This re -adoption and re-enactment and the adoption of any amendment shall not affect any pending or prevent any future prosecution of or action to abate any violation existing at the time this Ordinance as re -adopted, re-enacted and amended, if the use is in violation of the provisions of this ordinance as re -adopted, re-enacted and amended. Nothing herein shall be deemed to change the status of non -conforming uses created by virtue of the Zoning Ordinance adopted October 25, 1954, as amended, if such uses 74 Zoning Or-], wp31 Izon, 2124192 remain non -conforming under the provisions of this Ordinance, as re -adopted, re-enacted and amended. SECTION 84. Fees. L Miscellaneous provisions. (a) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable, shall hold no public hearing nor take any action to endorse or approve any application until all applicable fees and reimbursable costs have been paid to the Town with receipt therefor provided to the respective Board except if costs are deposited in escrow as hereinafter set forth, action may commence unless the amount in escrow is found to be inadequate and the applicant has not replenished the escrow account. In that event her action by any board shall be suspended until the applicant has deposited the appropriate amount back in the escrow account. (b) Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or by the Deputy Town Clerk associated with the Engineering, Planning, and Building/Zoning Department. When an escrow deposit is required, if there exists any question as to the required amount of escrow, the officer collecting the fees shall consult with the Town Engineer, whose calculation of same shall be final. Such fees shall be collected by the Town Clerk or the Town Clerk's designee who shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment. (c) All Application Fees paid to the Town in accordance with the fee schedule shall be non-refundable unless miscalculated. Except for unexpended escrow amounts or miscalculated fees, no funds paid to or deposited with the Town for review or inspection shall be returned to the applicant should an application be disapproved by the Town, reduced in scale by the applicant, or otherwise partially or wholly abandoned. (d) For purposes of calculating fees, if the proposal involves a dormitory, two bedrooms shall constitute one dwelling unit. 2. Building permit fees.. (a) The fees for a building permit shall be as set forth in Section 75 of this Ordinance. 3. Application fees and Public Hearing Fees. (a) A nonrefundable fee shall be paid along with each application as set forth in the Schedule of Application and Review Fees set forth below (the "Fee Schedule") to cover 75 Zoning or.], wpSl Izon, 2124192 expenses related to the administration and processing of applications, including agenda or public hearing notice, clerical processing, and preliminary processing of the application by planning and/or engineering personnel. (b) Whenever an application or appeal is filed with the Town for which a public hearing is required, there shall be paid simultaneously a fee of $50.00 to defer the costs of publishing and mailing the notice and application to appropriate parties, and the cost of transcribing the proceedings relating to the application or appeal. Such $50.00 fee is included in the Fee Schedule set forth below as part of the initial application fee (e.g. an application fee of $100.00 includes the Public Hearing Fee of $50.00). (c) If the hearing continues for more than one meeting necessitating re -publication and/or re -noticing, an additional Public Hearing Fee shall be paid prior to each continued hearing. If the matter continues for more than one meeting but the subsequent meetings do not require a public hearing, an Agenda Processing Fee shall be paid prior to each additional meeting at which the matter is continued without a public hearing. In the discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case may be, or the person designated to collect application fees, additional Public Hearing Fees or additional Agenda Processing Fees may be waived with respect to any subsequent meetings, particularly if the continuation was necessitated by actions of the Town officials and not by the applicant. (d) The above fees may be waived in whole or in part, or may be modified by the Town Supervisor, the Town Planner, or the Town Engineer for good cause shown. (e) In the case of Subdivision or Site Plan applications, the Planning Board, in its discretion, may waive the fee for a final plat in those circumstances where Final Plat or Plan Approval is given simultaneously with Preliminary Plat or Plan Approval. 4. Review Fees.. (a) A Review fee shall be paid as set forth in the Fee Schedule set forth below. Such Fee is intended to cover part of the cost of professional services, including, but not limited to, engineering, planning, legal, and other expenses incurred by the Town in its review of the submitted application materials for Preliminary and/or Final Subdivision or Site Plan Approval. (b) When the Review Fee set forth in the Fee Schedule is calculated on a per lot or per unit basis the Review Fee is non-refundable unless denominated as an amount to be placed in escrow. 76 Zoning Or. l , wpSJ Izon, 2124192 (c) When the Review Fee is stated in the Fee Schedule to be the Actual Cost of Review, the Review Fee shall be such actual cost of conducting the review as determined and billed by the Town. The basis for calculating such cost shall be the actual costs to the Town for independent consultant services, legal services, engineering services, planning services and/or any other services or expenses of outside consultants plus an amount intended to reimburse the Town for the time of Town staff (Engineering, Planning, Legal, Highway Superintendent, and others) devoted to reviewing the proposals. The amount charged for Town staff shall be determined by multiplying the number of hours devoted to the proposal times hourly rates as determined from time to time by the Town Board for various staff positions. (d) An escrow agreement providing for the deposit of the amounts set forth in the Fee Schedule in the form directed by the Town shall be executed by the applicant and the deposit made in the amount set forth in the Fee Schedule. Sums so deposited and not utilized in the review process shall be returned to the applicant within a reasonable period of time after the adoption of the last resolution finally disposing of the application (whether by granting or denial of the application). At the time of such return, and if no funds are due, at the time of final disposition of the application the Town will provide an accounting of the expenses charged to the escrow account. (e) If the review costs are estimated to exceed the amount so deposited and additional fees are deemed necessary, the applicant shall be notified of the required additional amount by the Town Engineer and shall add such sum to the escrow account. (f) If, in the judgement of the Town Engineer, the deposit provided for herein exceeds the anticipated reasonable review costs, the Town Engineer may adjust the deposit to reflect the anticipated review cost. (g) Unexpended escrow funds deposited as part of the Review Fee may be credited against deposits due for the Inspection Fee, where such is required, upon the filing of an application for site development or the construction of improvements. (h) For purposes of determining the amount of escrow the following shall apply: (i) As part of the application for Preliminary Subdivision or Preliminary Site Plan Approval, a preliminary estimate of the cost of improvements shall be provided by the applicant's Licensed Professional Engineer along with the other items required for a Preliminary Subdivision or Preliminary Site Plan Application as set forth in the Town of Ithaca Subdivision Regulations and the Town of Ithaca Zoning Ordinance. 77 zoning or.1, wpSl tzon, 2124192 (ii) As part of the application for Final Subdivision ►n Final Site Plan Approval, a revised estimate of the cost of improvement% %Ball be provided by the applicant's Licensed Professional Engineer along with the Other items required for final subdivision application as outlined in the Town of Ithaca Subdivision Regulations and the Town of Ithaca Zoning Ordinance. (iii) In the case of subdivision applications, the terms "cost of improvements", "improvement cost" or "project cost" shall mean the costs of construction of all general site improvements (whether on or off the specific site involved) to be constructed by applicant such as grading, roads, drainage improvements, sewers, water lines, and other similar items but excluding the cost of dwelling units to be constructed on the subdivided lots. In the case of site plan applications such terms shall mean the costs of construction of all site improvements (whether on or off the specific site involved) including grading, roads, drainage improvements, sewers, water lines, buildings and any other improvement of any nature whatsoever to be constructed by applicant. In both cases such terms exclude land acquisition costs, architects fees, engineering fees and other similar non -construction costs. (iv) The estimates provided with the preliminary or final application shall be considered, along with the other items of application and anticipated review costs, in determining the amount of review fee escrow. (v) An estimate of the cost of improvements provided by the applicant and not by a Licensed Professional Engineer may be accepted when in the judgement of the Town Engineer, such estimate is reasonably accurate. The Town Engineer may adjust such estimate and the estimate as so revised by the Town Engineer shall be the basis of the escrow deposit calculation. (vi) In no event shall an escrow account be established with less than a $200 deposit, which amount shall be a minimum regardless of the amounts calculated pursuant to the Fee Schedule. (i) In the case of clustered subdivision applications, the fees set forth for subdivisions shall apply. 0) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Town Board shall be submitted with the initial application. When the rezoning is referred to the Planning Board for recommendation, the fee for Site Plan Review -Preliminary Plan shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Town Board. If the Town Board approves Zoning Or.], wpSllzon, 2124192 an application for rezoning upon recommendation by the Planning Board, and when specific development is proposed, the fee for Site Plan Review - Final Plan shall be paid to cover the costs of further review by staff and the Planning Board. (k) In the case of applications for Special Approval, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Zoning Board of Appeals shall be submitted with the initial application. If the application is referred to the Planning Board for recommendation, the fee required for Site Plan Review -Preliminary Plan shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Zoning Board of Appeals. If the Zoning Board of Appeals approves an application for Special Approval upon recommendation by the Planning Board, and when specific development is proposed requiring further review, the fee for Site Plan Review - Final Plan shall be paid to cover the costs of further review by staff and the Planning Board. If the application is not referred to the Planning Board, the basic fee shall be paid without any further fees for site plan review. 5. SEOR-Related Fees. (a) In addition to the fees required as stated in the Fee Schedule, the fees for review or preparation of an Environmental Impact Statement involving an application for approval or funding of an action requiring preparation or filing of a draft environmental impact statement shall be determined by the lead agency for each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing the draft and final environmental impact statement, including the cost of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of such impact statement, but in no event shall the fees be greater than that established in 6 NYCRR 617.17. The Town Supervisor, Building Inspector, Planner, or Engineer may require, prior to the commencement of the review or preparation of an environmental impact statement, a deposit to be made with the Town in an amount reasonably estimated to cover the fees set forth in this section. 6. Inspection Fees. (a) In addition to the fees provided for herein, where the inspection of on- or off -site improvements or development is required, the applicant shall reimburse the Town for the actual cost to the Town of all engineering, planning, highway inspection, legal, consulting, clerical and other expenses incurred by the Town during the process of inspection and review of the completion of site improvements and the fulfillment of any requirements of any regulation or resolution pertaining to development projects which have been granted Final Subdivision or Site Plan Approval. The costs so incurred shall 78 79 Zoning Or.], wp51 Izon, 2124192 be determined by the Town and billed to the applicant. The basis for calculating such costs shall be the same as set forth above with reference to Review Fees. (b) An escrow agreement providing for the deposit of the amounts set forth in the Fee Schedule in the form directed by the Town shall be executed by the applicant and the deposit made in the amount set forth in the Fee Schedule to cover the cost of inspections and compliance review incurred (i) after final approvals have been given, (ii) in the course of building permit issuance, (iii) during the course of construction of any improvements including buildings, roads, and other improvements, and (iv) during the course of issuing any certificates of compliance or occupancy. (c) Along with any application for final approval of site improvement and development construction plans where such final approval of such plans is required, an estimate of the cost of improvements shall be provided by the applicant's Licensed Professional Engineer in similar manner as the estimate is provided for the escrow for the review fees. This estimate shall be used along with the other items included in the application and in the prior review process in determining the amount of inspection escrow. The developer shall make the required inspection escrow deposit prior to any final approval of said site improvement and development construction plans and prior to the commencement of construction of any of such improvements. (d) All of the provisions regarding escrow accounts for Review Fees shall be applicable to the escrow accounts for Inspection Fees including authority to the Town Engineer to waive the requirement that the cost of improvements be prepared by a Licensed Engineer, and to increase or decrease the required escrow amount, the definitions of costs of improvements, and the $200 minimum deposit. (e) The inspection fee shall in no case be less than $100. (f) The inspection fee may be included as a portion of a letter of credit or performance guarantee, where applicable. (g) Where applicable or where required, no final acceptance of proposed public improvements, and no final approval of site construction or site improvements shall be made and no Certificates or Occupancy shall be issued until all Inspection Fees have been paid or fully escrowed. A Zoning Or.], wp51 Izon, 2124192 (h) The Town shall return any balance of acceptance of proposed public improvement 81 s TOWN OF ITHACA Zoning Or.1, wp51 izon, 2124192 SCHEDULE OF APPLICATION AND REVIEW FEES Approved by Town Board Application/ Escrow For 12-Mar-90 Review Review Inspection SUBDIVISION REVIEW: ,quoved by Town Board Application/ Escrow For %irrh 12, 1990 Review Review Inspection $100.00 Plus $25 Per Dwelling Unit Initial Application Fee: Actual Cost of 1 to 4 New Lots/Units $50.00 Review 5 to 10 New Lots/Units $75.00 More than 10 New Lots/ I anal Plan: Units $100.00 Plus Non kemulential $50.00 Plus 0.5% of estimated project $1 Per LotActual Cost of cost excluding land Preliminary Plat: Review 1 to 10 New Lots/Units $50.00 Plus (Without Roads or Public $10.00 Per Lot/Unit Remilenti.rl $50.00 Plus $25 Per Dwelling Unit Utilities) Actual Cost of All others $100.00 Plus 0.5% of Review Actual Cost of estimated �u.lk�ctltttt: Review imprv. cost tioii Residential Actual Cost of Final Plat: insp. 1 to 10 New Lots/Units $50.00 Plus (Without Roads or Public $10.00 Per Lot/Unit Utilities) All others $100.00 Plus 0.5% of tecmdential Actual Cost of Actual Cost of estimated insp. Review imprv. cost oNING AMENDMENT/ Inspection: Actual Cost of 0.5% of I •f ONING $170.00 Plus Pertinent Site Plan Review Fees Insp. estimated imprv. cost I'LCIAL APPROVALS: $100.00 Plus Pertinent Site Plan Review Fees Plats/Replats whose ()NIti'G APPEALS: sole purpose is to dedicate land for public use: No charge No charge No charge rea & Use Variances $80.00 Plat Reaffirmations: $50.00 Plus UI)ITIONAL MEETING , the event of more than FEE: $ 5.00 Per Lot/Unit merting or public hearing SITE PLAN REVIEW: r application) Initial Application Fee $70.00 ' penda Processing $30.00 Preliminary Plan: Non -Residential $100.00 Plus 0.1% of estimated project ,,hlir Hearing Processing: $50.00 Actual Cost of cost excluding land Review 82 83 0.05 % of estimated project cost excl. land $25 Per Dw. Unit