HomeMy WebLinkAbout1991 Zoning OrdinanceI
TOWN OF ITHACA
ZONING ORDINANCE
AND
CERTAIN RELATED LOCAL LAWS
As of March 20, 1991
(Accompanied by Appendix of Certain Local
Laws as enacted through January 9, 1990)
TOWN OF ITHACA
ZONING ORDINANCE AND CERTAIN RELATED LOCAL LAW!
TABLE OF CONTENTS
I I IC 'I • !.......................................................................... 1
ECTION 1. Definitions................................................ 1
11< I , II ESTABLISHMENT OF DISTRICTS........................ 9
ECTION 2. Districts................................................... 9
'ECTION 3. District Boundaries...................................... 10
I WI E II-A RESIDENCE DISTRICTS RS............................. 11
' "'CTI ON 3A. Location................................................ 11
ECTION 3B. Use Regulations....................................... 11
'ECTION 3C. Accessory Uses........................................ 11
ECTION 3D. Area, Yard, Coverage, Height Requirements.... 12
'ECTION 3E. Special Requirements................................. 12
ECTION 3F. Site Plan Approvals................................... 13
I 11 E III RESIDENCE DISTRICTS R9................................ 15
'ECTION 4. Use Regulations........................................ 15
ECTION 5. Accessory Uses......................................... 17
ECTION 6. Accessory Buildings................................... 18
SECTION 7. Yard Regulations....................................... 18
SECTION 8. Building Coverage..................................... 18
SECTION 9. Size and Area of Lot.................................. 18
SECTION 10. Special Properties...................................... 19
11 E IV RESIDENCE DISTRICTS R15................ ....... ........ 20
SECTION 11. Use Regulations........................................ 20
SECTION 12. Accessory Uses........................................ 21
SECTION 13. Accessory Buildings................................... 22
SECTION 14. Yard Regulations...................................... 22
ECTION 15. Building Coverage..................................... 23
ECTION 16. Size of Lot.............................................. 23
'ECTION 17. Special Properties...................................... 23
I 11 'l ~ V RESIDENCE DISTRICTS R30............................... 24
. ECTION 18. Use Regulations........................................ 24
ECTION 19. Accessory Uses........................................ 26
ECTION 20. Accessory Buildings................................... 27
ECTION 21. Yard Regulations...................................... 27
ECTION 22. Building Coverage..................................... 27
ON 23. Size of I..ot.............................................. 27
ON 24. Special Properties...................................... 28
I H I ~ VI MULTIPLE RESIDENCE DISTRICTS..................... 29
. l"CTI ON 25. :Location................................................. 29
. BCTION 26. Use Regulations........................................ 29
. CTI ON 27. Accessory Uses........................................ 29
. 'ECTION 28. Area, Yard,Coverage & Height Requirements..... 30
ECTION 29. Special Requirements................................. 30
SECTION 30. Site Plan Approvals................................... 31
ICLE VII BUSINESS DISTRICTS....................................... 32
SECTION 31. :Location of Districts.................................. 32
SECTION 32. Business Districts "A"................................ 32
SECTION 33. Business Districts "B" ................................. 32
SECTION 34. Business Districts "C"................................ 33
SECTION 35. Business Districts "D" ................................ 34
SECTION 35A. Business Districts "E".............................. 34
SECTION 36. Permitted Accessory Uses............................ 34
SECTION 37. Area, Yard, and Height Requirements............. 34
SECTION 38. Special Requirements................................. 35
SECTION 39. Site Plan Approvals................................... 36
I 'I ICLE VIII LIGHT INDUSTRIAL DISTRICTS........................ 37
SECTION 40. :Location................................................. 37
SECTION 41. Permitted Principal Uses............................. 37
SECTION 42. Performance Standards................................ 37
SECTION 43. Accessory Uses........................................ 38
SECTION 44. Area, Yard,Coverage & Height Requirements.... 38
SECTION 45. Special Requirements................................. 39
SECTION 45-a. Site Plan Approvals................................... 39
J . lCLE IX SITE PLAN APPROVAL..................................... 40
SECTION 46. Procedure............................................... 40
SECTION 46-a. Site Plan Requirements............................... 41
, l T ICLE X INDUSTRIAL PRODUCTS................................... 43
SECTION 47. Use Regulations........................................ 43
SECTION 48. Performance Standards................................ 43
SECTION 49. Yard Regulations...................................... 43
SECTION 50. Special Requirements................................. 43
SECTION 50-a. Site Plan Approvals................................... 44
I I J LE XI AGRICULTURAL DISTRICTS.............................. 45
SECTION 51. Use Regulations........................................ 45
SECTION 51A. Radio Transmission Towers........................ 45
·11 NON-CONFORMING USES ............................... .
I ION 52. Continuation of Existing Lawful Uses ............ ..
1 lON 53. Abandonment of Use ................................. .
It ON 54. Alterations ............................................. .
I ION 55. Changes ................................................ .
!"J ON 56. Restoration ............................................. .
I ION 56A. Amortization of Certain Non-Conforming Uses
·1n GENERAL PROVISIONS ................................... .
t I ION 57. Existing Lots ......................................... ..
1 I (ON 58. Building Floor Area .................................. .
1 I ION 59. Trailers ................................................. .
t I ION 59A. Dish Antennae ...................................... ..
, I ION 60. Junk or Salvage Yards ............................... .
• I ION 61. Front Yard Transition ................................ .
• I fON 62. Side Yard on Comer Lot ............................ .
n oN 63. Side and Rear Yard Transition ..................... .
llON 64. Porches and Carports ............................... ..
, lfON 65. Fences and Walls .................................... ..
c I JON 66. Projections in Yards ................................. ..
Ii· !'I ON 67. Reduction of Lot Area ............................... .
I · I ION 68. More than One Building on a Lot ................. ..
r l'J ON 69. Parking Facilities ..................................... .
I c I ION 70. Extraction of Natural Products ..................... .
I , · 1 rON 71. Public Garages & Gasoline Sales Stations ........ .
I ION 72. Approval of County Health Department. ......... .
N 73. Abandoned Cellar Holes and Buildings ........... .
49
49
49
49
49
49
50
52
52
52
52
52
53
54
54
54
54
54
54
54
55
55
55
57
57
57
ADMINISTRATION.......................................... 58
N 74. Enforcement............................................ 58
N 74E. Applications for Approvals, Remedies or Relief 58
N 75. Permit to Build......................................... 58
Certificate of Occupancy............................. 60
Board of Appeals...................................... 60
Planning Board Recommendations.................. 62
Violations and Penalties.............................. 63
Amendments............................................ 63
Validity.................................................. 63
When Effective......................................... 63
Existing Zoning Ordinance Amended, Re-Adopted and
Re-Enacted.............................................. 63
I « 11 N 84. Fees...................................................... 64
APPENDIX
Local Laws Amending the Zoning Ordinance
I I , V LOCAL LAW #5 -1985
RELATING TO FLOOD DAMAGE PROTECTION A-1
SECTION 1.0 Statutory Authorization and Purpose. A-1
SECTION 1.1 Findings .................................. A-1
SECTION 1.2 Statement of Purpose ................... A-1
SECTION 1.3 Objectives ................................ A-2
SECTION 2.0 Definitions ............................... A-2
SECTION 3.0 General Provisions ...................... A-6
SECTION 3.1 Lands to which this Local Law Applies A-6
SECTION 3.2 Basis for Establishing the Areas of
Special Flood Hazard .......... A-6
SECTION 3.3 Interpretation, Conflict with other Laws A-6
SECTION 3.4 Severability .............................. A-7
SECTION 3.5 Penalties for Non-Compliance ........ A-7
SECTION 3.6 Warning and Disclaimer of Liability. A-7
SECTION 4.0 Administration ........................... A-8
SECTION 4.1 Requirement for Development Permit A-8
4.2-1 Development Permit Application ..... A-8
4.2-2 Duties of Owner ........................ A-9
SECTION 4.3 Duties and Responsibilities of the
Building Inspector .............. A-10
4.3-1 Permit Application Review ............ A-10
4.3-2 Use of Other Base Flood and
Flood way Data ................. A-11
4.3-3 Information to be Obtained and
Maintained ...................... A-11
4.3-4 Alteration of Watercourses ............ A-11
4.3-5 Interpretation of Firm Boundaries .... A-12
4.3-6 Stop Work Orders ...................... A-12
4.3-7 Inspections ............................... A-12
4.3-8 Certificate of Compliance ............. A-13
SECTION 5.0 Provisions for Flood Hazard Reduction A-13
SECTION 5.1 General Standards ....................... A-13
5.1-1 Anchoring ................................ A-13
5.1-2 Construction Materials and Methods. A-14
5.1-3 Utilities ................................... A-14
5.1-4 Subdivision Proposals .................. A-15
5.1-5 Encroachments .......................... A-15
SECTION 5.2 Specific Standards ...................... A-16
5.2-1 Residential Construction ............... A-16
5.2-2 Nonresidential Construction ........... A-16
SECTION 5.3 Floodways ................................ A-17
SECTION 6.0 Variance Procedure ..................... A-17
SECTION 6.1 Appeals Board ........................... A-17
SECTION 6.2 Conditions for Variances .............. A-19
Resolution of the Town Board -February 26, 1973 -establishing multiple
residence district and a cluster development therein on property of Schickel
Environmental Development Company on Honness
i,ane.......................................................................... A-21
... -..;,,,-· ......... ·,_ _ ......
Local Law No. 3 -1983 -Changing the zoning classification to multiple
residence district from a residence district R-15 of a parcel of land located on
the north side of East King Road designated on the current tax assessment map
of the Town of Ithaca on parcel no. 44-1-4.3......................... A-29
Related resolution on rezoning from Residential 15 to Multiple
Residence District the same parcel of land, now referred to as Majestic
Heights, made by Bill J. Manos, Applicant, Owner and Developer A-33
Local Law No. 2 -1984 -Adding to the list of permissible districts which may
be designated as Special I.,and Use District (Limited Mixed Use)-38 A-38
Local Law No. 3 -1984 -Relating to the Walter J. and Joyce Y. Wiggins La
Tourelle development on Ithaca-Danby Road (Route 96b).......... A-39
Local Law No. 4 -1984 -Relating to Rocco Lucente -Sapsucker Woods Road
subdivision to permit conversion of 14 dwelling units............... A-44
Local Law No. 4 -1986 -To amend the Zoning Ordinance to provide a
Special I.,and Use District (Limited Mixed Use) at the Biggs Complex owned
by Tompkins County...................................................... A-49
Local Law No. 1 -1987 -Providing a Special I.,and Use District (limited
mixed use) at the former Cornell University Statler West Complex A-54
Local Law No. 6 -1987 -Rezoning a portion of land at 136-146 Seven Mile
Dr. from R-30 (residential district) to R-5 (mobile home park district) A-58
Local Law No. 10 -1987 -Rezoning the former Oddfellows Carriage House
from residence district R-30 to multiple residence district.......... A-63
Local Law No. 2 -1988 -Providing a special land use district (limited mixed
use) at 904-906 East Shore Drive for the Tompkins County Chamber of
Commerce................................................................... A-67
Local Law No. 2 -1989 -Providing a special land use district (limited mixed
use) for the Indian Creek Retirement community on Trumansburg Road owned
by CMH associates............................................................ A-71
ZONING ORDINANCE
OF THE TOWN OF ITHACA, NEW YORK
,:.-ADOPTED, AMENDED AND REVISED AS OF MARCH 20, 1991
(Effective February 26, 1968)
ur se of promoting the health, safety, morals or the general welfare of the community,
, I . n congestion in the streets, to secure safety from fire, panic and other dangers, to
. I· uate light and air, to prevent the overcrowding of land, to avoid undue concentration
l.111 n, to facilitate the adequate provision of transportation, water, sewerage, schools,
111 I ther public requirements, under and pursuant to the Laws of the State of New York,
, uildings and other structures, the percentage of lot that may be occupied, the size
• th density of population, and the location and use of buildings, structures and land for
, du try, residence or other purposes, are hereby restricted and regulated as hereinafter
ARTICLE I
For the purpose of this ordinance certain words and terms shall have
mg meaning unless the context otherwise requires.
rds used in the present tense include the future; the singular number includes the
lu ral, and the plural the singular; the word "building" includes the word "structure"; and
h 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".
"lot" is a parcel of land which may be occupied by one or more principal buildings and
I e accessory buildings for uses customarily incident to it, including such open spaces as
,11 used in connection with such buildings.
"lot line" is a property boundary of a lot.
I he "lot area" shall not include any portion of a public highway right of way that may
included within deed description of the lot.
I he "depth" of a lot shall mean the distance between a point on the street line and the
r 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
un iformly throughout the lot's entire width.
J IJ'h t from lowest interior grade" as it relates to a building means the vertical distance
., ured from the surface of the lowest level (floor of a crawl space, basement floor,
1,1 , r other floor, even if below exterior grade level) in contact with the ground surface
1h highest point of the roof, excluding chimneys, antennae, and other similar
11111 ranees. When the measurement of height from the lowest interior grade is made
,111 the floor of a cellar the maximum permissible height from lowest interior grade
,. II be increased by four feet. This permitted increase shall not apply when the
• 1 ment is from any other floor, including a basement floor, slab or other floor.
I fl-1 ht from lowest exterior grade" as it relates to a building means the vertical distance
,m the lowest point of the~xterior finished grade adjacent to the wall of the building
th highest point of the ~ding c1Timneys, antennae and other similar
,111 ra nees.
111·1 •h t" as it relates to a structure other than a building means the distance measured
,m the lowest level or portion of the structure (slab or base) in contact with the ground
to the highest point at the top of the structure.
ment" is that space of a building that is partly below grade which has more than
II fits height, measured from floor to ceiling, above the average finished grade of the
• ,11nd adjoining the building.
" llar" is that space of a building that is partly or entirely below grade, which has
, than half of its height, measured from floor to ceiling, below the average finished
of the ground adjoining the building.
" mily" 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 (t)
herein.
2
(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.
3
(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, sh~l not exceed the maximum numbers determined on the basis of
habitable space of each dwelling unit as follows:
(i) A minimum of 150 square feet of habitable space for the first
occupant; and
(ii) 80 square feet of habitable space for each additional person in each
dwelling unit.
In no case shall the enclosed floor area be less than required by Section 58 of this
Ordinance.
Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and
other service or maintenance space shall be excluded in determining "habitable
space".
"building" is a structure having a roof supported by columns or by walls and intended
t shelter, housing, protection or enclosure of persons, animals or property.
4
"llw lling" is a building designed or used exclusively as the living quarters for one or
, uu families.
",!welling unit" is a dwelling, or portion of a dwelling, providing complete living
,ltti for one family.
" n -family dwelling" is a detached building containing a single dwelling unit.
family dwelling" is a detached building containing two dwelling units.
"m ul tiple-family dwelling" is a building or group of buildings on one lot containing
hr r more dwelling units.
I ,.,rdi ng House: Any dwelling in which more than three persons either individually or
t, milies are housed or lodged for hire with or without meals. A rooming house or a
111 r i hed rooming house shall be deemed a boarding house.
t uri st house" is a building originally built and used as a dwelling other than a hotel
, ,r m tel in which accommodations for transients are offered for compensation.
"ho tel or motel" is a building containing rooms designed and originally planned to be
, ·111 or hired out for living or sleeping accommodations for transient occupancy.
" lubhouse or lodge" is a building or premises used exclusively by members of an
• ,r •an ization and their guests which premises or buildings are devoted to recreational or
., hi ti c purposes, not primarily conducted for gain. It excludes commercial and
, 1 ·r handising activities for other than its own membership.
"ho pital" is an establishment for temporary occupation by the sick or injured for the
1 11 se of medical treatment, but does not include an establishment for permanent
upation by the poor, infirm, incurable or insane.
"nursing or convalescent home" is a building other than a hospital where sick or
n inn ed persons are lodged, furnished with meals and nursing care for hire, except
1 ·r ns who are mentally ill, mentally deficient, drug addicts or alcoholic patients.
"front yard" is the open space between the street right of way line and the front line
I th e principal building, exclusive of overhanging eaves and other permissible
1 ~ li ons, extended to the side lines of the lot.
5
, ·. r yard" is the open space between the rear lot line and the rear line of the principal
11lil1ng, exclusive of overhanging eaves and other permissible projections, extended to
·.1 I lines of the lot.
1 I yard" is the open space between the principal building, exclusive of overhanging
· and other permissible projections, and a side lot line and extending through from
t, nt yard to the rear yard.
ssory building" is a building subordinate and clearly incidental to the principal
111 llllg on the same lot and used for purposes customarily incidental to those of the
1 building.
h r e" is the outdoor accumulation or laying-up of manufactured products or raw
1. h'r I ls, or the keeping of one or more pieces of movable equipment other than pleasure
,m biles.
11 n-conforming use" is a use of land existing at the time of enactment of this
,.t111, nee and its amendments which does not conform to the zoning regulations of the
1 111 tin which it is situated.
t. rm " is any parcel of land containing at least 3 acres which is used in the raising of
•11 ul tural products, such as crops, livestock, poultry, and dairy goods. It includes
, tu res necessary to the production and storage of agricultural products and equipment.
reet line" is the limit of the right of way of a street, road or highway. Where the
ll I street appears this also means highway or road.
•n shing sign" is any illuminated sign on which the artificial light is not maintained
, 1 nary and/or constant in intensity and color at all times.
"clinic" is a building or any part of a building which is used for the group practice of
,, , li cine by several physicians in which certain facilities other than reception are shared
, h occupants and in which patients are diagnosed or treated by physicians specializing
rious ailments and practicing as a group.
king space" is an area for the temporary parking of an automobile 180 square feet
exclusive of the parking lot circulation areas.
" tructure" is anything that is constructed or erected on the ground or upon another
h I ure or building. "Structure" also includes anything that is constructed or erected
111 I rground and projects up to the ground surface or above, or anything that is
,n tructed or erected wholly underground other than utility lines, septic and water
6
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.
"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.
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 sha11 be
considered a structure for purposes of obtaining a Building Permit.
, . 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.
9 . 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.
0. 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.
7
.. ,._., . ·---··--
I 0/91
I 1. 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.
l • 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.
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.
8
ARTICLE TI
ESTABLISHMENT OF DISTRICTS
I < 'I JON 2. Districts. For the purpose of this ordinance the Town of Ithaca is hereby divided
, 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
1 I li stricts are set forth on the map accompanying this ordinance, entitled Zone Map, dated
I , 1954, as amended to 1968, and signed by the Town Clerk. Said map and all explanatory
thereon and amendments thereto are hereby made a part of this ordinance . [The Zoning
h, been subsequently re-adopted through April 11, 1988 and by separate Local Laws has
fu rther amended from time to time where areas may have been rezoned]
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/20/91
"CTION 3. District Boundaries. Where uncertainty exists with respect to the exact boundaries
f the various districts as shown on the Zone Map, the following rules shall apply.
I . 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.
I.
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.
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.
In other cases the boundary line shall be determined by use of the scale on the Zone Map.
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.
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/20/91
ARTICLE II-A
RFBIDENCE DISTRICTS RS
" TION 3A. Location. With the approval of the Town Board, a Residence District R5 may
established in any Residence District R30 or Agricultural District of the Town.
'(• TION 3B. Use Regulations. In Residence Districts R5 no building shall be erected or
tended 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
h me. 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.
ECTION 3C. Accessory Uses. The following accessory uses are permitted in Residence
istrict 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 IX.
11
~ .,., ..... ···-· ··~··-· .:'··1
/ 1
No building permit shall be issued unless the proposed structure is in accordance with the
final site approved by the Planning Board.
ION 3D. Area, Yard, Coverage and Height requirements shall be as follows:
Area: A minimum tract of fifteen (15) acres is required for the development of a
Residence District R5.
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.
Stand Location: The location of the mobile home stand on each lot shall be identified on
the site plan.
TION 3E. Special Requirements shall be as follows:
I , 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.
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.
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.
I. 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.
Access Drives and Walkways: Access drives shall be paved with blacktop, concrete, or
other solid material. Driveways and walkways shall provide safe access, egress, and
traffic circulation within the site. The placement, size, and arrangement of access to
public ways shall be subject to the approval of the appropriate highway authority. Where
12
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the density of population or school bus routes make it necessary, sidewalks and bus
shelters may be required.
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.
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.
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.
I • Operating Permits. An operating permit shall be required for all mobile home parks.
This permit shall be renewable annua1ly. 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
5 -9 units
10 -24 units
25 -49 units
50 -100 units
over 100 units
$
$
$
$
$
(Number of Units) X $
25.00
50.00
100.00
200.00
400.00
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.
L TION 3F. Site Plan Approvals. No building permit shall be issued for a building within
esidence District R5 unless the proposed structure is in accordance with a site plan approved
ursuant to the provisions of Article IX and approved by the Tompkins County Health
I artment. No subdivision of a trailer park site plan is permitted without approval of the Town
13
,,_..____,.,.-..... '" ·-----···· -· .. ----·--·····-·-···-----·--·---·--··-·-···--·-···--···· ........ .
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I ard , following Planning Board review. No alteration, amendment or change in a trailer park
1te plan is permitted without approval of the Planning Board.
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ARTICLE ID
RESIDENCE DISTRICTS R9
JON 4. Use Regulations. In Residence Districts R9 no building shall be erected or
1 ·nded and no land or building or part thereof shall be used for other than any of the following
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.
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.
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.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
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(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.
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
13. 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.
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
manner as to permit safe access and egress for automobiles, and parking off the highway
right of way.
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,. 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.
I • Signs, as regulated by the Town of Ithaca Sign Law.
I l. 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.
Day care homes and group day care facilities.
Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
TION 5. Accessory Uses. Permitted accessory uses in Residence Districts R9 shall include
• 1 following:
I , The office of a resident doctor, dentist, mus1c1an, 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.
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.
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.
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.
Accessory buildings subject to provisions of Section 6.
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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.
Signs, as regulated by the Town of Ithaca Sign Law.
,, TION 6. Accessory Buildings. In Residence Districts R9 accessory buildings other than
. ra ges may not occupy any open space other than a rear yard. Any accessory building may
upy not more than 40 percent of any required rear yard and shall be not less than three feet
Ir m any side or rear lot line, except that a private garage may be built across a common lot line
"ilh a party wall by mutual agreement between adjoining property owners. An accessory
I 1ilding on a comer lot shall not be less than 5 feet from the rear lot line. Accessory buildings
h 11 in no case exceed 15 feet in height. Where the average natural slope of a lot exceeds 8 per
nt rise or fall directly from the street line, a private garage not over one story in height and
I using not in excess of two cars may be located in the front or side yard not less than 5 feet
Ir m said street line upon special approval of the Board of Appeals.
· CTION 7. Yard Regulations. In Residence Districts R9, yards of at least the following
li mensions 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.
ECTION 8. Building Coverage. No buildings or building on a lot, including accessory
uildings, shall be erected, altered, or extended to cover more than 25 per cent of the lot area.
Projections described in Section 66 are not to be included in computing the percentage.
ECTION 9. Size and Area of Lot. Lot sizes and areas in Residence Districts R9 shall .meet
th e following minimum requirements:
1. Minimum lot area shall be at least 9,000 square feet; and
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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.
ECTION 10. Special Properties. In the case of publicly owned properties, properties of
universities, colleges, cemeteries, or other private institutions, located in Residence Districts R9,
hich comprise at least 6 acres in area and are traversed by interior roads or driveways, the front
, nd side yard requirements of Section 7 shall apply only along the exterior public street frontages
and there shall be no rear yard requirements.
19
ARTICLE IV
RESIDENCE DISTRICTS R15
ION 11. Use Regulations. In Residence Districts Rl5 no building shall be erected or
t nded and no land or building or part thereof shall be used for other than any of the following
s:
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.
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.
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.
(t) 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
20
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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.
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.
Signs, as regulated by the Town of Ithaca Sign Law.
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.
Day care homes and group day care facilities.
Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
TION 12. Accessory Uses. Permitted accessory uses in Residence Districts R15 shall
Ill Jude the following:
I . 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.
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.
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.
Accessory building subject to provisions of Section 13.
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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.
, . The keeping of household pets and family gardens.
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.
Signs, as regulated, by the Town of Ithaca Sign Law.
L TTON 13. Accessory Buildings. In Residence Districts R15 accessory buildings other than
·. ge may not occupy any open space other than a rear yard. Any accessory building may
upy not more than 40 percent of any required rear yard and shall be not less than 3 feet from
.111 side or rear lot line, except that a private garage may be built across a common lot line with
rty wall by mutual agreement between adjoining property owners. An accessory building
,n a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings in no case
h, 11 exceed 15 feet in height. Where the average natural slope of a lot exceeds 8 per cent rise
fall directly from the street line, a private garage not over one story in height and housing not
1 t excess of 2 cars may be located in the front or side yard not less than 5 feet from said street
hn on approval of the Board of Appeals.
,. TION 14. Yard Regulations. In Residence Districts R15 yards of at least the following
hm ensions 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.
pecial yard requirements for specific uses as established by Section 11 are required.
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I C TON 15. Building Coverage. No building or buildings on a lot, including accessory
,11 ings, shall be erected, altered, or extended to cover more than 20 per cent of the lot area.
ti ons described in Section 66 are not to be included in computing the percentage.
ON 16. Size of Lot. Lots in Residence Districts Rl5 shall meet the following minimum
111iri ments:
1. Minimum lot area shall be at least 15,000 square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum front yard setback line (50 feet from the street
line) shall be 100 feet; and
4. Minimum depth shall be 150 feet.
ION 17. Special Properties. In the case of publicly owned properties, properties of
r ities, colleges, cemeteries, or other private institutions, located in Residence Districts
, which comprise at least 6 acres in area and are traversed by interior roads or driveways,
, fr nt and side yard requirements of Section 14 shall apply only along the exterior public
frontages and there shall be no rear yard requirements.
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ARTICLE V
RESIDENCE DISTRICTS R30
I. TJON 18. Use Regulations. In Residence Districts R30 no building shall be erected or
t nded and no land or building or part thereof shall be used for other than any of the following
p irposes:
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.
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.
The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial and private schools, daycare
center, nursery school, and any institution of higher learning including dormitory
accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
(e) Golf course, except a driving range or miniature golf course.
24
(t) Hospital, provided that no building so used shall be within 100 feet from any
street or within 150 feet of the lot line of any adjoining owner.
(g) Nursing or convalescent home, or medical clinics.
(h) The application for approval of any of the foregoing uses shall be referred to
the Planning Board and no final action by the Board of Appeals shall be taken
until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan approval
process shall be as set forth in Article IX. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by
the Planning Board.
Garden, nursery, or farm, except a hog farm where the principal food is garbage. Sale
of farm and nursery products shall be subject to the provisions of Section 18, Subdivision
13. 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.
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.
Cemetery and the buildings and structures incident thereto, but only upon special approval
of the Board of Appeals.
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
manner as to permit safe access and egress for automobiles, and parking off the highway
right of way.
Clubhouse or lodge, provided that no building so used shall be within 100 feet of any
street or within 150 feet of the lot line of an adjoining owner and only upon special
approval of the Board of Appeals.
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Signs, as regulated by the Town of Ithaca Sign Law.
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.
I • Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
ION 19. Accessory Uses . Permitted accessory uses in Residence Districts R30 shall
11, lud e the following:
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.
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.
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.
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.
Accessory buildings subject to provisions of Section 20.
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
26
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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.
Signs, as regulated by the Town of Ithaca Sign Law.
ION 20. Accessory Buildings. In Residence Districts R30 accessory buildings other than
·.1r es may not occupy any open space other than a rear yard. Any accessory building may
upy not more than 30 per cent of any required rear yard and shall be not less than 3 feet from
1 side or rear lot line, except that a private garage may be built across a common lot line with
I y wall by mutual agreement between adjoining property owners. Any accessory building
• comer lot shall not be less than 5 feet from the rear lot line. Accessory buildings shall in
exceed 15 feet in height. Where the average natural slope of a lot exceeds 8 per cent
, or fall directly from the street line, a private garage not over one story in height and housing
1 t in excess of 2 cars may be located in the front or side yard not less than 5 feet from said
1, t line upon special approval of the Board of Appeals.
I' TION 21. Yard Regulations. In Residence Districts R30 yards of at least the following
l1tnensions 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.
ial yard requirements for specific uses as established by Section 18 are required.
TION 22. Building Coverage. No building or buildings on a lot, including accessory
, 1il dings, shall be erected, altered or extended to cover more than 10 per cent of the lot area.
I 'r ~ections described in Section 66 are not to be included in computing the percentage.
I TION 23. Size of lot. Lots in Residence Districts R-30 shall meet the following minimum
1u irements:
1. Minimum lot area shall be at least 30,000 square feet; and
2. Minimum width at the street line shall be 100 feet; and
27
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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.
TION 24. Special Properties. In the case of publicly owned properties, properties of
rsities, colleges, cemeteries, or other private institutions, located in Residence Districts
which comprise at least 6 acres in area and are traversed by interior roads or driveways,
,t fron t and side yard requirements of Section 21 shall apply only along the exterior public
t frontages and there shall be no rear yard requirements.
28
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ARTICLE VI
MULTIPLE RESIDENCE DISTRICTS
· :.CTION 25. Location. With the approval of the Town Board, a Multiple Residence District
,, y be established in any Residence or Agricultural District of the Town.
• 1 CTION 26. Use Regulations. In Multiple Residence Districts no building shall be erected
r extended and no land or building or part thereof shall be used for other than any of the
llowing purposes:
ne family, two family and multiple family dwellings, grouped so as to provide living quarters
I r a minimum of 3 families.
I• ch 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.
· ,.,CTION 27. Accessory Uses. Permitted Accessory Uses in Multiple Residence Districts shall
include the following:
I. Automobile parking and garages, subject to the further requirements of this section.
Structures or use of open land for recreation, intended for residents of the Multiple
Residence Districts.
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.
Day care home or group day care facility.
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.
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
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· ,.,CTION 28. Area, Yard, Coverage and Height Requirements shall be as follows:
I. Area: a minimum tract of one acre is required for the development of a Multiple
Residence District. Said tract must contain at least 2,500 square feet of gross lot area for
each dwelling unit to be constructed.
Yards and Courts:
Front Yard -not less than 50 feet.
Side Yards -not less than the height of the nearest structure, or fifteen feet, whichever
is greater.
Rear Yards -not less than twice the height of the nearest structure or thirty feet,
whichever is greater.
Courts shall be completely open on one side, with a width not less than the height
of the tallest opposite structure and a depth not more than one and one
half the width.
l . Spaces Between Buildings: The distance between any two structures shall be no less than
the height of the two buildings when averaged together, or twenty feet, whichever is
greater.
Building Coverage: No building, including accessory buildings, shall be erected or
altered to cover more than 30 per cent of the lot area.
Height: All structures shall conform in height with other structures in the vicinity,
provided however, that no building shall exceed thirty-four feet in height from lowest
interior grade nor thirty feet in height from lowest exterior grade and further provided
that no structure other than a building shall exceed thirty (30) feet in height.
ECTION 29. Special Requirements shall be as follows:
l. Parking: One garage or lot parking space shall be provided for each "Dwelling Unit",
plus one additional lot space for every 3 dwelling units. No parking shall be located
farther than 200 feet from the dwelling unit it is intended to serve, nor shall any parking
be allowed in any front yard or required side or rear yard. Parking lots shall be surfaced
with black-top, compacted gravel, or other dust-free material, and must be graded so as
to drain properly.
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Access and Sidewalks: Access drives shall be paved with black-top, concrete, or other
solid material. Driveways and walkways shall provide safe access, egress and traffic
circulation within the site. The placement, size and arrangement of access to public ways
shall be subject to the approval of the appropriate highway authority. Where density of
population or school bus routes make it necessary, the applicant shall install sidewalks,
with the approval of the appropriate highway authority.
Recreation: The applicant shall provide recreation areas for children on the premises, in
such amount as may be necessary to protect the health, safety and general welfare of the
children and residents in the district.
I . Screening of waste and refuse: No waste or refuse shall be placed outside any building
in the Multiple Residence District except under the following conditions: an area
common to all buildings, or a separate area for each building shall be reserved at the rear
of the structure or structures. This area shall contain bins, or other receptacles adequate
to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be
screened from the public view.
Buffer Areas. No structure shall be placed nearer than 30 feet from any other district
including any other residence district, agricultural district, industrial district, or business
district. A strip at least 10 feet wide, within such buffer area, shall be suitably planted
to screen a multiple residence district from present or future residences, or a suitable
screening fence shall be erected.
t • Landscaping, Fencing and Screening. In addition to the landscaping, screening, fencing
and buffer requirements set forth above, additional landscaping, fencing, screening, or
earth berm may be required to be provided in any area where the proposed multiple
residence development or accessory facilities would create a hazardous condition or would
detract from the value of the neighboring property if such landscaping, fencing, screening
or berm were not provided. ·
7. Signs, as regulated by the Town of Ithaca Sign Law.
ECTION 30. Site Plan Approvals. No building permit shall be issued for a building within
Multiple Residence District unless the proposed structure is in accordance with a site plan
a proved pursuant to the provisions of Article IX.
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ARTICLE VII
BUSINESS DISTRICTS
Location of Districts. With the approval of the Town Board, Business Districts
• ", "B", "C", "D", and "E" may be established in any district in the Town, except that
I u in ess Districts "C" and "D" shall not be permitted in a Residence District R15.
' CTION 32. Business Districts "A". Permitted uses in a Business District "A" shall be the
r Uowing:
I • Retail food store
7.
'.
Business or professional offices
Bank or other financial institution
Bookstore
Drug store
Hardware store
Package liquor store
Smoke Shop
Utilities
CTION 33. Business Districts "B". Permitted uses in a Business District "B" shall be the
f ll owing:
I. Any of the uses permitted in Business District "A"
Barber
Dry cleaning pick-up station
Florist
Beauty Parlor
Hand or coin operated laundry
7. Nursery
Milliner
Greenhouse
10. Retail stores, except automobile sales agencies
I 1. Shoeshiner, shoemaker and repairer
12. Tailor
13 . Telegraph and telephone office
14. Ariy municipal or public utility purpose necessary to the maintenance of utility services
15 . Fire station or other public building necessary to the protection of or servicing of a
neighborhood
16. Public library
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CTION 34. Business Districts "C". Permitted uses in a Business District "C" shall be the
llowing:
I . Any of the uses permitted in Business Districts "A" and "B"
Automobile sales agency, provided that the display of automobiles and accessories is
conducted entirely within a building
Theatre, 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 a residence district
Building supply
Dry cleaner
Dyer
7. Electrical shop
Glass shop
Heating shop
10. Monument works
11. Plumbing shop
12. Printer
13. 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
14. Hotel or motel
15. 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 on the approval
of the Board of Appeals
16. Boat harbor and marina
17. Appliance sale and service
18. Ambulance Service
19. Arts and craft studio
20. Bicycle sale and repair
21. Caterer
22. Confectioner
23. Decorator
24. Dressmaker
25. Furrier
26. Optician
27. Photographer
28. Refrigeration sale and repair
29. Undertaker
30. Upholsterer
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ECTION 35. Business Districts "D". Permitted uses in a Business District "D" shall be the
Bowing:
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.
ECTION 35A. Business District "E". Permitted uses in Business District "E" shall be the
following:
1. Restaurant or other place for the serving of food. If alcoholic beverages are served, the
place of business shall be located at least 500 feet from an adjacent school or church or
150 feet from a residence district.
2. Hotel or motel
3. Club House or Lodge, provided that no buildings so used shall be within 100 feet of any
street, or within 150 feet of the lot line of an adjoining owner and only on the approval
of the Board of Appeals.
4. Boat Harbor and Marina.
SECTION 36. Permitted Accessory Uses. Permitted Accessory Uses in Business Districts" A",
"B", "C", "D", and "E", shall be the following:
1. Automobile parking and off-street loading areas, subject to the further requirements of
this article.
2. Accessory storage buildings, but not to include outside storage.
3. Signs, as regulated by the Town of Ithaca Sign Law.
4. The dwelling of a guard,,caretaker or custodian but not more than one dwelling unit per
building.
5. Day care centers upon special approval of the Board of Zoning Appeals pursuant to
Section 77 1 subdivision 7. The application for such approval shall be referred to the
Planning Board and no final action shall be taken until the Planning Board has approved
the site plan for the center and submitted its report or has failed to so act within 30 days
of receipt of all required information.
SECTION 37. Area, Yard, and Height Requirements shall be the following:
1. Area: a minimum tract of 2 acres is required for the development of a Business District.
2. Yards: Front yards -not less than 30 feet.
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Side yards -
Rear yard
none required where a party wall is constructed but
not less than 20 feet from any structure to a side
property line.
not less than 30 feet.
Height: All structures shall conform in height with other structures in the vicinity,
provided, however, that no building shall exceed thirty-four feet in height from lowest
interior grade nor thirty feet in height from lowest exterior grade and further provided
that no structure other than a building shall exceed thirty (30) feet in height .
. ECTION 38. Special Requirements shall be the following:
I. 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
mortuary; or restaurant: one space for each 5 seats.
Bowling 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.
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
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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.
Signs, as regulated by the Town of Ithaca Sign I.aw.
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.
In addition to the landscaping, screening, fencing and buffer requirements set forth above,
additional landscaping, fencing, screening, or earth berm may be required to be provided
in any area where the proposed structure or use would create a hazardous condition or
would detract from the value of neighboring property if such landscaping, fencing,
screening, or berm were not provided.
7. In the event that any of the uses permitted in Business Districts "C" involve auxiliary,
small-scale assembly, repair, processing or fabrication, such activity shall take place only
in connection with products or services offered for immediate sale or direct service to
customers on the premises, and further provided that no objectionable noise, smoke,
odor, vibration or disorder created thereby shall be experienced beyond the lot lines of
said businesses.
8. Displays: in Business Districts "A", "B", "C", and "E" no outside displays shall be
permitted.
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.
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ARTICLE vm
LIGHT INDUSTRIAL DISTRICTS
ECTION 40. Location. With the approval of the Town Board, a Light Industrial District may
established in any district of the Town except a Residence District R15.
ECTION 41. Permitted Principal Uses. The principal uses permitted in a Light Industrial
District shall be: industrial uses employing electric power or other motor power, or utilizing
hand labor for fabrication or assembly.
ECTION 42. Performance Standards. Any use shall be so operated as to comply with the
performance standards governing noise, smoke emissions, and odor hereinafter set forth.
1. Noise. At no point on the boundary of a Residence, Multiple Residence or Business
District shall the sound pressure level of any individual operation or plant, other than the
operation of motor vehicles or other transportation facilities, exceed the decibel levels in
the designed octave bands shown below for the districts indicated.
Octave Band
Cycles Per
Second
1 to 75
75 to 150
150 to 300
300 to 600
600 to 1200
1200 to 2400
2400 to 4800
above 4800
Along Residence, Multiple
Residence
District Boundaries -
Maximum Permitted Sound
Level in Decibels
72
67
59
52
46
40
34
32
Along Business District
Boundaries
Maximum Permitted Sound
Level in Decibels
79
74
66
59
53
47
41
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.
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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
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.
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 .
. ECTION 43. Accessory Uses. Accessory uses permitted in a Light Industrial District shall
I the following:
I. Automobile parking and off-street loading areas subject to the further requirements of this
article.
Accessory storage buildings, but not to include outside storage.
Signs, as regulated by the Town of Ithaca Sign Law.
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.
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 ref erred 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.
2.
3.
Area: a minimum tract of 10 acres is required for the development of a Light Industrial
District.
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.
Coverage: no principal building shall be erected or altered to cover more than 30 per
cent of the lot area.
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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 hei~ht from lowest exterior grade, whichever is lower.
ECTION 45. Special Requirements shall be as follows:
I. Parking: a minimum of one parking space shall be provided for each 3 employees.
Parking shall not be located in any front yard. Parking lots shall be surfaced with black
top concrete, or other solid material and shall be graded so as to drain properly.
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.
Access and Sidewalks: access drives shall be paved with black-top, concrete, or other
solid material, and, if business is to be carried on in the evening, shall be adequately
lighted. No lights shall be placed so as to reflect in an objectionable manner on adjoining
residential properties or public streets. Driveways and walkways shall provide safe
access, egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval of the appropriate
highway authority. Where density of population or school bus routes make it desirable,
the applicant shall install sidewalks with the approval of the appropriate highway
authority.
4. Signs, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any
residence district or nearer than 30 feet from any other district. A strip at least 10 feet
wide within such buffer area shall be planted or suitably fenced so as to screen the light
industrial district from present or future residences.
6. In addition to the landscaping, screening, fencing and buffer requirements set forth above,
additional landscaping, fencing, screening, or earth berm may be required to be provided
in any area where the proposed structure or use would create a hazardous condition or
would detract from the value of the neighboring property if such landscaping, fencing,
screening, or berm were not provided.
SECTION 45-a. Site Plan Approvals. No building permit shall be issued for a building within
a Light Industrial District unless the proposed structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
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ARTICLE IX
SITE PLAN APPROVAL
CTION 46. Procedure. Before an application is submitted to the Town Board for
tablishment of a Multiple Residence, Business "A", "B", "C", "D", and "E" and any other
pecial Land Use Districts, the establishment of which may hereinafter be permitted under this
rdinance, all hereinafter referred to as "Districts", the applicant shall proceed as follows:
I. The applicant will submit a general site plan to the Planning Board which shall also show
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 and any other features deemed reasonably necessary by the Planning
Board for adequate study of the proposed plan.
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 site plan as approved and adopted by the Town Board.
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I.
CTION 46-a. Site Plan Requirements.
After a Residence District R5, Multiple Residence, Business, Light Industrial or Industrial
District, or any other Special Land Use District, has been established by the Town Board
and whenever a specified development or changes in the general plan are proposed, or
whenever a site plan is required by any other provision of this ordinance, a site plan for
the proposed use must be submitted and approved by the Planning Board before a
building permit may be issued. This site plan shall show property lines, including metes
and bounds, adjacent public streets, topography, including existing and proposed
contours, size and location of structures, area and location of parking, off-street loading
and access drives, proposed signs and lighting, proposed landscaping and any other
features deemed reasonably necessary by the Planning Board for adequate study of the
proposed plan.
The Planning Board may require such changes as are necessary to meet the requirements
of this ordinance.
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. 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
41
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. ---. ---. -·• .. . . . ------.. . .. l~-
(e) does not alter proposed traffic flows and access; and
(f) does not directly violate any express conditions imposed by the Planning
Board in granting prior site plan approval,
or if the modification involves
(a) a movement or shift of a location of one or more buildings not more than two
feet in any direction from the location shown on the final site plan; and
(b) such shift does not alter proposed traffic flows or access; and
(c) such shift does not directly violate any express conditions (including, without
limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting
prior site plan approval,
then such modification may be made without requiring approval of the modified site plan
by the Planning Board. This waiver of the requirement of Planning Board approval is
not intended to permit construction in violation of any other provision of the Zoning
Ordinance including setback, side yard, and similar regulations, or the requirement to
obtain a building permit in those circumstances when otherwise required by the terms of
this ordinance.
42
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I/ Q/91
ARTICLEX
INDUSTRIAL PRODUCTS
CTION 47. Use Regulations. In Industrial Districts buildings and land may be used for any
I. wful purposes except for dwelling purposes and except that all uses of land and buildings, and
ind ustrial processing that may be noxious or injurious by reason of the emission of dust, smoke,
fuse matter, water carried waste, odor, gas, fumes, noise, vibration, or similar substances or
nditions may be permitted only upon special approval of the Board of Appeals. Such
in dustries as the following shall require such approval:
I.
4.
5.
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.
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.
The manufacture or refining of brick, tile and terra cotta, cement, lime, gypsum and
plaster; emery cloth and sandpaper; paving materials; and the use of a coke oven or stone
crusher.
The wrecking of automobiles, and the storage of used auto parts, scrap metal, or junk,
rags and paper, and used building materials.
The manufacture or storage of explosives and gas, oil and other inflammables or
petroleum products.
SECTION 48. Performance Standards. Any use established in an Industrial District shall be
so operated as to comply with the performance standards governing noise, smoke, emission and
odor hereinbefore set forth in Article VIII, Section 42. No use already established on the
effective date of this ordinance shall be so altered or modified as to conflict with the performance
standards governing noise established herein.
SECTION 49. Yard Regulations. In Industrial Districts no yards are required except as
provided in Sections 61 and 63.
SECTION 50. Special Requirements shall be as follows:
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I.
3.
Parking: a minimum of one parking space shall be provided for each 3 employees.
Parking shall not be located in any front yard. Parking lots shall be surfaced with black
top, concrete, or other solid material and shall be graded so as to drain properly.
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.
Access and Sidewalks: access drives shall be paved with black-top, concrete, or other
solid material, and, if business is to be carried on in the evening, shall be adequately
lighted. No lights shall be placed so as to reflect in an objectionable manner on adjoining
residential properties or public streets. Driveways and walkways shall provide safe
access, egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval of the appropriate
highway authority. Where density of population or school bus routes make it desirable,
the applicant shall install sidewalks with the approval of the appropriate highway
authority.
4. Signs, as regulated by the Town of Ithaca Sign Law.
5.
6.
Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any
residence district or nearer than 30 feet from any other district. A strip at least 10 feet
wide within such buffer area shall be planted or suitably fenced so as to screen the
Industrial District from present or future residences.
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. Height: No 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 structure
shall exceed thirty (30) feet in height, except by Special Approval from the Board of
Zoning Appeals after the matter has · been referred to the Planning Board for
recommendation.
SECTION 50-a. Site Plan Approvals. No building permit shall be issued for a building within
an Industrial District unless the proposed structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
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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:
I.
.1.
Establishment for the raising of fur-bearing animals -1,000 feet.
Animal hospital, kennel, or place for the boarding of animals -1,000 feet.
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 strncture 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.
I. 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 constrnction, 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 any
other governmental agency having jurisdiction. The Building Inspector will not
be required to proceed under this law, until an application is complete.
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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 sha11 (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
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5.
shall be held not later than 40 days following the filing of the Planning Board's
report with the Clerk of the Board of Appeals.
b. The hearing before the Board shall be conducted in accordance with lawful
procedures, as any appeal proceeding before the Board. The hearing may be
adjourned and the Board may request further information and recommendation
from the Planning Board, or may send the application back to the Planning Board
for further review.
c. After the completion of all testimony given at the public hearing and the
submission of all pertinent matters arising out of the application, the Board shall
make its determination by a resolution adopted by a majority vote. Such
determination shall be made and filed within 60 days of the date on which the first
public hearing was held. The applicant shall be notified of the Board's decision
and copies shall be filed with the Town Clerk, the Zoning Officer and the Clerk
of the Planning Board.
The Planning Board, in making any report, and the Board of Appeals before rendering
its decision, shall consider the following standards and matters:
(1) The need in the community for the proposed use.
(2) The appropriateness of the proposed site including such matters, among others,
as the following:
a. The availability of alternative sites.
b. The physical features and the general character, present use, and probable
future use of the land in the neighborhood.
c. Is the density of the land in the vicinity such as to warrant the proposed
use?
d. Is the site reasonably adapted for the proposed use?
e.
f.
The distance from existing and proposed public rights of way and from
existing residential development; nature of access to and from the site.
The adaptability of the site for the proposed use; topography, natural
buffers, screening and fencing.
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6.
g. The size of the site chosen for the proposed use. The radio transmission
tower must be located on an unoccupied parcel having an area of sufficient
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
the neighborhocxl. The size shall be at least SIX ACRES.
h. Will project regularly cause objectionable odors, noise, glare, vibration,
or electrical disturbance as a result of the project's operation?
(3) The effect of the proposed use on the other properties in the neighborhocxl and the
enjoyment by the inhabitants of their properties and whether it will materially
affect the value of such properties and the use and enjoyment of such properties
by the occupants and any other effect of such use on the health, welfare and safety
of the occupants of such properties.
No building permit shall be issued until final approval has been granted to the applicant
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.
7. The applicable procedures of the State and Local SEQR Laws shall be complied with.
8. MISCELLANEOUS.
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.
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
notices to the owners of other properties as required by this law, in addition to the
fees prescribed for issuance of building permits.
c. All provisions of the Town's Zoning Ordinance and other applicable laws not
inconsistent with this law shall govern all proceedings.
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ARTICLE XII
NON-CONFORMING USES
Continuation of Existing Lawful Uses. Except as provided in Sections 53, 54,
, 56, 56A, and 73, any lawful use of land or a building or a part thereof, existing at the time
f this ordinance as amended may be continued, although such building or use does not conform
1 the provisions thereof.
ECTION 53. Abandonment of Use. When a non-conforming use has been abandoned for a
period of at least one year, it shall not thereafter be re-established and the future use shall be in
nformity with the provisions of this ordinance, except that a non-conforming use that ceases
10 operate because of a national emergency or because of 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.
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
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 substantial
restoration of a building damaged by fire, flood, earthquake, act of God, act of the public enemy
or catastrophe beyond the control of the Owner provided such restoration is completed within
one year of the loss of the building and provided that the use of the building in the manner in
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hich it was used prior to the loss is recommenced within one year. The time limit may be
t nded by the Board of Appeals in cases of practical difficulty or unnecessary hardship.
l•CTION 56A. Amortization of Certain Non-Conforming Uses.
I . 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.
3.
4.
5.
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.
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 to amortize the
owner's investment. In making its determination the Board shall disregard, as irrelevant,
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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.
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ARTICLEXID
GENERAL PROVISIONS
ECTION 57. Existing Lots. Other provisions of this ordinance notwithstanding, nothing shall
r hibit 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.
'ECTION 58. Building Floor Area. No dwelling in any district shall be erected or altered so
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.
b.
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.
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:
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i) the aesthetic effect of such antenna and the effect on neighborhood property
values;
ii) the accessibility of the particular property to commercial cable television service;
iii) the location of the property and its effect on the physical effectiveness of the dish
antenna;
iv) landscaping, berming and buffering.
c) Except as permitted as part of the site plan approval in the preceding paragraph, no dish
antenna may exceed 15 feet in height when measured vertically from the highest exposed
point of the antenna, when positioned for operation, to the bottom 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, Rl5, or R30 zone shall
not exceed 6 feet in height above the roof height at the building line.
t) 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
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t
J 1torage outside the fence. Any such junk yards existing at the time of enactment of this
l ,,rdinance shall comply with these requirements within one year of such date.
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"iFCTION 61. Front Yard Transition. Where an Industrial District abuts a Residence District
.in a street line, there shall be provided for a distance of 50 feet from the district boundary line
11110 such Industrial District, a front yard equal in depth to one-half the required front yard in the
lfrsidence 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 IO 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.
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More than One Building on a Lot. Other than in a multiple residence district,
shall not be more than one principal building on any lot in any residential district. When
is more than one principal building on a lot in any non-residential district or in a multiple
1d nee district, the space between such buildings must be at least equal to the sum of the side
. rd required by such buildings or the sum of the rear and the front yards as the case may be.
ON 69. Parking Facilities. Every building housing or designed to house more than 2
.unilies shall provide in connection with it and on the same lot garage space or off-street parking
1 ,t for automobiles equivalent to the number of dwelling units provided in such dwellings.
au tomobile parking area shall be included in any front yard, except for a lot with a single
h ·lling, housing not more than 2 families.
I h following uses shall be provided with off-street parking facilities:
l. School or other educational institutions -2 spaces for each class room.
Hospital. sanitarium or nursing or convalescent home -1 space for each 2 beds.
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.
L Rooming house or tourist house - 1 space for each room offered to rent.
Fraternity or sorority house or membership club -1 space for each 4 beds, or one space
for each 5 members, whichever figure is larger.
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OCTION 70/ Extraction or Deposit of Fill and Related Products. In any district no more than
cubic yards of fill, sod, loam, sand, gravel, stone or similar materials shall be deposited or
moved or offered for sale in any one year, except in connection with a public work on the
perty or the removal of silt or other recently accumulated material that blocks a normal flow
1 f a water course, without the special approval of the Board of Appeals. In applying for such
.1pproval, the applicant shall submit to the Board a plan of the proposed project, showing
1 r perty lines, and adjacent public ways, grades and depths of proposed deposit or removal, soil
t or fill types to be deposited or removed, erosion control during and after construction,
f r ~ected duration of project, proposed regrading and replanting of the property upon completion
f the operation, and such other items as the Board or Town Engineer may require to adequately
view the proposed project. The Board shall not act until the Town Engineer has reviewed such
pt n and advised the Board that in the Engineer's professional opinion the plan adequately
rotects the property and surrounding properties from significant adverse consequences of such
posit or removal, including, when completed, adverse drainage, erosion, visual or other
; dverse impacts. Before issuing a special approval, the Board shall make the same findings as
re 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
ssible detriment of such use to the future development of the land in question, and significant
nui sance or detriment of the operation to neighboring landowners and to the community as a
whole. The Board may impose such conditions upon the applicant as it deems necessary to
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protect the general welfare of the community, which may include a time limit upon operations,
ttandards for performance, and the requirements 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. 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.
The following are excepted from the requirements set forth above:
1. 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 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:
(a) an area of 30,000 square feet in which the proposed construction is to be
located; or
(b) the area contained within the footprint of the proposed structure plus an
additional 50 feet adjacent to the perimeter of the proposed structure .
2 . 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.
3. 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.
4. 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.
5. 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
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(a) plans for such construction showing in sufficient detail the proposed removal
and/or deposit of fill were submitted to the Planning Board and approved by the
Town Engineer in conjunction with the subdivision approval; or
(b) the Planning Board expressly waived the requirement of submission of such
drawings and the total amount of material to be either deposited or removed is
less than 500 cubic yards.
In any event the exception granted by this subparagraph shall not apply to any
construction which occurs more than three years after granting of final subdivision
approval by the Town Planning Board.
· , CTION 71. Public Garages and Gasoline Sales Stations.
I • 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.
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.
· CTION 72. Approval of County Health Department. No building permit, trailer permit, or
rti.ficate 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
I partm ent under the terms of the County Sanitary Code. Where minimum lot sizes are
r,ecified in this Ordinance, the same shall be subject to the approval of the Tompkins County
1 lealth Department or any successor agency, and if such Department or successor requires larger
I to comply with the County Sanitary Code, the requirements of such Department or successor
hall govern.
CTION 73. Abandoned Cellar Holes and Buildings. Within one year after work on any
cavation for a building has begun, any excavation for a building shall be covered over or
fill ed by the owner to the normal grade. Any building substantially destroyed by any cause
hall be rebuilt or demolished within one year. Any excavation or cellar holes remaining after
th e demolition or destruction of a building from any cause shall be covered over or filled by the
wner within one year.
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ARTICLE XIV
ADMINISTRATION
ECTION 74. Enforcement. This ordinance shall be enforced by a person designated by the
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;
(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;
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(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, Rl5, 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
p· ricin g spaces shall in no case relieve the property owner from compliance with other provisions
, this ordinance or of the New York State Uniform Fire Prevention and Building Code, or any
uccessor ordinances or statutes.
No permit to build shall be issued except pursuant to written order of the Board of
ppeals, where the proposed construction, alteration, or use would be in violation of any
J rovision of this Ordinance. No such permit shall be issued, except pursuant to written order
f the appropriate authority granting variances where the proposed construction, alteration, or
u would be in violation of any provision of the New York State Uniform Fire Prevention and
rluil ding Code or any successor statute.
Every application for a building permit shall state in writing the intended use of the
uilding 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
• 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
n 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
In spector or other officer authorized to issue such permit or as may be required from time to
time by the Town Board.
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Every application for a building permit shall be accompanied by a fee computed on the
i ~ of the value of the improvement to be constructed as follows:
Value of Improvement ~
$ 1 -$ 5,000 $ 15.00
5,001 -10,000 25.00
10,001 -20,000 40.00
20,001 -30,000 ro.oo
30,001 -40,000 80.00
40,001 -50,000 100.00
50,001 -150,000 200.00
150,001 -250,000 300.00
250,001 -500,000 400.00
500,001 -1,000,000 600.00
1,000,001 -5,000,000 1,000.00
5,000,001 and over 2,000.00
Unl ess there has been substantial progress in the work for which a building permit was issued,
id building permit shall expire one year from the date of issue.
ECTION 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 this Ordinance or under any
th er Ordinance or Local Law of the Town of Ithaca or under the New York State Uniform Fire
Pr vention and Building Code or any successor statute. Further, a Certificate of Occupancy shall
required for all buildings which are converted from one general occupancy classification to
nother and such classifications are defined in part 701 of Title 9 of the Official Compilation of
odes, Rules and Regulations of the State of New York, or any successor rules or regulations.
he 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 $25 .00.
SECTION 77. Board of Appeals. There is hereby established a Board of Appeals which shall
function in the manner prescribed by law.
1. The members of the Board of Appeals shall be residents of the Town of Ithaca and shall
be appointed by the Town Board to serve for terms as prescribed by law. Vacancies
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occurring in said Board by expiration of term or otherwise shall be filled in the same
manner.
2. The Town Board shall designate the Chairman of the Board of Zoning Appeals. The
Board of Zoning Appeals shall choose its own Vice-Chairman who shall preside in the
absence of the Chairman. In the absence of both the chairman and vice-chairman, the
Board of Appeals shall choose one of its number as acting chairman. Such chairman, or
the party acting in his stead during his absence, may administer oaths and compel the
attendance of witnesses. The Board of Appeals may appoint a secretary who shall take
minutes of all its meetings and keep its records.
3. The Board of Appeals shall adopt from time to time such rules and regulations as it may
deem necessary to carry into effect the provisions of this ordinance and all its resolutions
and orders shall be in accordance therewith.
4. Any person aggrieved by any decision of any officer of the Town charged with the
enforcement of this ordinance may take an appeal to the Board of Appeals.
5. The Board of Appeals shall, in accordance with the provisions hereinafter contained in
this Section hear and determine appeals from any refusals of a building permit or
certificate of occupancy by the person designated by the Town Board, or review any
order or decision of said person where such order or decision is based upon the
requirements of this ordinance.
6. Where there are practical difficulties or unnecessary hardship in the way of carrying out
the strict letter of this ordinance, the Board of Appeals shall have the power, in passing
upon appeals, to vary or modify the application of any of the regulations or provisions
of this ordinance so that the spirit of the ordinance shall be observed and public safety
and welfare secured and substantial justice done.
7. The Board of Appeals shall also hear and decide all matters referred to it or upon which
it is required to pass by the terms of this ordinance. In deciding such matters referred
to it by the terms of this ordinance and in granting special approval the Board of Appeals
shall determine that:
a. The health, safety, morals and general welfare of the community in harmony with
the general purpose of this ordinance shall be promoted, except that as to all
public buildings and educational buildings wherein the principle use is research,
administration, or instruction, the same shall be presumed to exist.
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b. The premises are reasonably adapted to the proposed use, and that such use,
except as to public and educational buildings, will fill a neighborhood or
community need.
c. The proposed use and the location and design of any structure shall be consistent
with the character of the district in which it is located.
d. The proposed use shall not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devaluate neighboring property or seriously
inconvenience neighboring inhabitants.
e. The proposed access and egress for all structures and uses shall be safely
designed.
f. The general effect of the proposed use upon the community as a whole, including
such items as traffic load upon public streets and load upon water and sewerage
systems is not detrimental to the health, safety and general welfare of the
community.
8. The Board may impose upon the applicant such reasonable conditions as it deems
necessary to protect the general welfare of the community.
9. Where the terms of this Ordinance require a matter to be referred to the Planning Board
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
matter and recommended the action affirmatively . The Planning Board shall act within
60 days of receipt of the application. Failure to act within such time period shall be
deemed an affirmative recommendation unless the time to act is extended with the
applicant's consent. In the event the Planning Board recommends affirmatively, but with
conditions, the approval of the Board of Appeals shall include the Planning Board's
conditions, plus any additional conditions the Board of Appeals deems necessary.
10. Unless work has commenced in accordance with the variance or special approval given
by the Board of Appeals within one year from the issuance of the building permit
authorizing such work, or within eighteen months of the granting of such variance or
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
shall revert to those in effect prior to the issuance of such special approval or variance.
SECTION 78. Planning Board Recommendations. In making recommendations to the Town
Board and the Board of Appeals, the Planning Board shall determine that:
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I . There is a need for the proposed use in the proposed location.
The existing and probable future character of the neighborhood in which the use is to be
located will not be adversely affected.
\. The proposed change is in accordance with a comprehensive plan of development of the
Town.
<..;ECTION 79. Violations and Penalties. Pursuant to Section 268 of the Town Law any person,
I I rm, corporation or other entity violating any provision of this Ordinance or any provision of
1 lie subdivision regulations of the Town of Ithaca shall be deemed guilty of an offense and upon
rnnviction 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
1lic Town of Ithaca, the Planning Board may refuse preliminary or final subdivision approval to
;1 subdivision as long as the subdivider, or any person or entity under the control of or controlled
lly 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,
I 954, 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
remain non-conforming under the provisions of this Ordinance, as re-adopted, re-enacted and
amended.
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Fees.
1 . 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 further 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
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.
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(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.
(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
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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.
(ii) As part of the application for Final Subdivision or Final Site Plan Approval,
a revised estimate of the cost of improvements shall 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.
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(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.
(j) 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
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
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shall be submitte.d with the initial application. If the application is referre.d to the
Planning Board for recommendation, the fee require.d 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 propose.d
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
referre.d to the Planning Board, the basic fee shall be paid without any further fees for
site plan review.
5. SEQR-Related Fees.
(a) In addition to the fees require.d as state.d in the Fee Sche.dule, 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 determine.d 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 incurre.d as a result of the
review or preparation of such impact statement, but in no event shall the fees be greater
than that establishe.d 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 estimate.d to cover the fees set forth in this section.
6. Ins.pection Fees,
(a) In addition to the fees provided for herein, where the inspection of on-or off-site
improvements or development is require.d, 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 incurre.d 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 grante.d Final Subdivision or Site Plan Approval. The costs so incurre.d shall
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
Sche.dule in the form directe.d 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
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(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.
(h) The Town shall return any balance of the deposit to the applicant upon final
acceptance of proposed public improvements and/or final acceptance of subject site
improvements together with an account of all expenses charged to the escrow fund.
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TOWN OF ITHACA
SCHEDULE OF APPLICATION AND REVIEW FEFB
pproved by Town Board
12 -Mar -90
IVISION REVIEW:
Application Fee:
New Lots/Units
JO New Lots/Units
than 10 New Lots/Units
ni nary Plat:
10 New Lots/Units
ut Roads or Public Utilities)
thers
Plat:
10 New Lots/Units
ut Roads or Public Utilities)
thers
Hon:
Application/
Review
$ 50
$ 75
$100 Plus,$ 1
Per Lot
$ 50 plus, $10
Per Lot/Unit
$100 Plus
Actual Cost of
Review
$ 50 Plus,
$ 10 Per
Lot/Unit
$100 Plus
Actual Cost of
Review
Actual Cost of
Insp.
70
FBCROW FOR:
Review
0.5% of
estimated
imprv. cost
0.5% of
estimated
imprv. cost
Inspection
0.5% of
estimated
imprv. cost
. i
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, plats whose sole purpose is
nte land for public use:
, ffinnations:
PLAN REVIEW:
Application Fee:
11i nary Plan:
Residential
ential
jl Plan:
J-Residential
'
Application/
Review
No Charge
$ 50 Plus,
$ 5 Per
Lot/Unit
$ 70
$100 Plus
Actual Cost of
Review
$100 Plus
Actual Cost of
Review
$ 50 Plus
Actual Cost of
Review
$ 50 Plus
Actual Cost of
Review
71
F.SCROW FOR:
Review
No Charge
0. 1 % 0 f
estimated
project cost,
excluding land
$ 25 Per
Dwelling Unit
0. 1 % 0 f
estimated
project cost,
excluding land
$ 25 Per
Dwelling Unit
Inspection
No Charge
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li on:
esidential
ntial
ING AMENDMENT/
NING:
IA L APPROVALS:
iING APPEALS:
, & Use Variances:
ITIONAL MEETING FEE:
e event of more than 1 meeting
1blic hearing per application)
nda Processing:
r c Hearing Processing:
Application/
Review
Actual Cost of
Inspection
Actual Cost of
Inspection
ESCROW FOR:
Review Inspection
0.05 % of
estimated
project cost,
excl. land
$ 25 Per
Dwelling Unit
$ 170 Plus Pertinent Site Plan Review Fees
$ 100 Plus Pertinent Site Plan Review Fees
$ 80
$ 30
$ 50
72