HomeMy WebLinkAbout2003 Zoning Ordinance Part IVNewzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
The effect ofthe proposed development on environmentally sensitive areas including
but not limited to wetlands, floodplains, woodlands, steep slopes, water courses or
bodies, viewsheds, unique natural habitats, and on other open space areas of
importance to the neighborhood or community.
10. The effect of the proposed development on any historic structures listed or eligible
for listing on the National Register of Historic Places.
11. The need for, and the adequacy of, any natural or man-made buffers.
12. Whether the design of the project minimizes the increase of impervious surfaces on
the site.
13. Compliance with the Town's Comprehensive Plan, Zoning Ordinance, Subdivision
Regulations, Water Resources Ordinances, if applicable, and any other applicable
laws, rules, requirements, or policies.
Section 2307 - LIMITATIONS ON CONSTRUCTION. No site plan shall be approved
which provides for construction or other disturbance of land in environmentally sensitive areas,
including but not limited to, wetlands, water courses, steep slopes, unique natural areas, or rare plant
or animal habitats, unless the applicant demonstrates with professional evidence reasonably
satisfactory to the Planning Board that such construction may occur without adverse environmental
effects upon such areas. Nothing in this paragraph is intended to permit construction or other
activities in areas where the same are prohibited or regulated by other laws or regulations of the
federal, state, county, or local government.
Section 2308 - RESERVATION OF PARKLAND ON SITE PLANS CONTAINING
RESIDENTIAL UNITS. If the proposed project includes dwelling units, the Planning Board may,
in accordance with the provisions and requirements of Town Law Section 274-a or any similar or
successor law, require a park or parks to be shown on the site plan, or, to the extent permitted by
Section 274-a, monies in lieu of parkland.
Section 2309 - MODIFICATIONS OF SITE PLANS. A site plan that has received final
site plan approval may be modified upon the application of the owner for such modification. Such
application shall be in accordance with the provisions of this article and the procedures applicable
to such application shall be the same as are applicable to an initial application for site plan approval.
Notwithstanding the foregoing, Planning Board approval of a modification shall not be required
If the modification does not involve
(a) construction of an addition of more than 1,000 square feet of enclosed space
whether on one or more stories; nor
(b) construction or relocation of more than 3 parking spaces nor construction or
relocation of anyparking spaces to an area that is not adjacent to the original
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planned parking area; nor
(c) .construction, alterations, or renovations affecting the exterior of a building
or the site anticipated to cost more than $20,000.00; nor
(d) construction, alteration, or renovation of the interior of a building involving
a change in occupancy or use; nor
(e) enlargement of an existing or previously approved building that involves an
increase of square footage of more than 15% of the existing square footage
of the existing or previously approved building; nor
(f) Reduction of an existing or previously approved building that involves a
decrease of square footage of more than 15% of the exiting or previously
approved building; nor
(g) alteration of traffic flows and access nor a significant increase in the volume
of traffic; nor
(h) a significant (in the judgment of the Director of Planning) change in the
aesthetic appearance of any structure or site plan element including landscape
and lighting details from that presented at the time of the prior approval; nor
(i) a change in the impacts of the project on surrounding properties, such as an
increase in noise, water run-off, light illumination, or obstructions to views;
nor
(j) violation of any express conditions (including, without limitation, buffer
zones, setbacks, and similar restrictions) imposed by the Planning Board in
granting prior site -plan approval, or
2. If the modification does not involve a movement or shift of a location of one or more
buildings more than two feet laterally or six inches vertically from the location or
elevation shown on the final site plan where
(a) such shift does not alter proposed traffic flows or access; and
(b) 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.
The numerical criteria for the exceptions from the requirement -of obtaining Planning
Board approval are an aggregate maximum (i.e. if a 700 square foot addition is
constructed without obtaining Planning Board approval pursuant to paragraph I(a)
above, construction of a second addition larger than 300 square feet would require
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Planning Board approval of a modified site plan).
This waiver of the requirement of Planning Board approval is not intended to permit
construction in violation of any other provision of this Ordinance including setback,
side yard, and similar regulations, nor the requirement to obtain a building permit in
those circumstances when otherwise required by the terms of this Ordinance or by
the Building Code.
A demolition, or aproposed demolition, of an existing building, or of apreviously approved building
on a previously approved site plan, is a modification of a site plan subject to the terms of this section.
Section 2310 - LETTER OF CREDIT. If the Planning Board determines it is necessary
to ensure that all items on the site plan that are needed to provide for adequate traffic flow, utilities,
and other similar infrastructure items, are constructed in accordance with the approved final site plan
and any other pertinent specifications and requirements, no building permit shall be issued for a
project with an approved final site plan until the applicant has furnished to the Town Engineer an
irrevocable letter of credit in an amount to be recommended by the Town Engineer and approved by
the Planning Board to ensure such construction. In determining whether to require such a letter, the
Planning Board shall find that such infrastructure is so integral to the project that its construction
must occur in order to provide for a safe and useful environment for the community and the
occupants and users of the project. The Planning Board may, in its discretion, accept in lieu of a
letter of credit other evidence or promise of completion of required facilities for the site if it
determines that such other evidence adequately ensures such completion. Nothing in this paragraph
shall alter any other requirement for letters of credit related to construction of facilities intended to
be dedicated to the Town.
Section 2311- COMPLETION OF IMPROVEMENTS. No final certificate of occupancy
or certificate of compliance shall be issued until all improvements shown on the final site plan as
approved by the Planning Board, reasonably necessary to the proper and safe operation and
occupancy of any completed facilities, are installed or until a sufficient performance guarantee, such
as a letter of credit, has been provided to the Town for improvements not yet completed. The need
for, and sufficiency of, such performance guarantee shall be determined by the Town Engineer after
consultation with the Building Inspector or other persons designated by the Planning Board. The
Planning Board may waive the requirement for such performance guarantee if, in its discretion, it
determines that the guarantee is not needed.
Section 2312 - EXPIRATION OF SITE PLAN APPROVAL.
Except when a rezoning has occurred based upon a preliminary or general site plan
any approval of a preliminary site plan may be revoked by the Planning Board, after
a public hearing and upon written notice in person or by mail to the applicant
(a) If a fully complete application for final site plan approval has not been
submitted to the Planning Board within eighteen months of the date
preliminary approval was granted, or
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(b) If an application is submitted within such eighteen month period, such
application is not diligently prosecuted by the owner to enable the Planning
Board to grant final site plan approval within twenty-four months of the date
preliminary approval was granted.
2. The Planning Board may, when compliance, with the foregoing time periods would
create a significant hardship for the owner, extend the time periods for such periods
and upon such conditions as the Planning Board may reasonably determine.
3. Unless work has materially commenced in accordance with the final site plan within
one year from the issuance of the building permit authorizing such work, or within
thirty-six months of the date the Planning Board gave final site plan approval,
whichever is earlier, not only the building permit but the site plan approval (both
final and preliminary) shall expire and the permissible uses and construction on the
property shall revert to those in effect prior to the granting of any site plan approval.
The Planning Board, upon request of the applicant, after a public hearing, and upon
a finding that the imposition of the time limits set forth above would create an undue
hardship on the applicant, may extend the time limits for such additional periods as
the Planning Board may reasonably determine. An application for such extension
may be made at the time of filing of the original application or at any time thereafter
up to, but no later than, six months after the expiration of the time limits set forth
above.
For the purposes of this section, work will not have "materially commenced" unless,
at a minimum, (i) a building permit, if required, has been obtained; (ii) construction
equipment and tools consistent with the size of the proposed work have been brought
to and been used on the site; and (iii) substantial excavation (where excavation is
required) or significant framing, erection, or construction (where excavation is not
required) has been started and is being diligently pursued.
ARTICLE XXIV: SPECIAL PERMITS AND SPECIAL APPROVALS
Section 2400 - PURPOSE. The purpose of this article is to set forth regulations, procedures,
and conditions that apply to certain permitted uses which, because of size, intensity, or other special
factors, warrant special evaluation of each individual case by either the Planning Board or the Zoning
Board of Appeals.
Section 2401 - REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY. Before a building permit or certificate of
occupancy can be issued for any of the structures or activities for which either a special permit or
a special approval is required, such a permit or approval shall be obtained in accordance with these
and other applicable provisions.
Section 2402 - APPLICABILITY. The requirements set forth in this Article shall apply
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to all construction, activities, uses or developments that are referred to elsewhere in this Ordinance
as being allowed only upon receipt of a special permit or special approval. Special permits shall be
issued by the Planning Board. Special approvals shall be issued by the Zoning Board of Appeals.
Any change of use of an existing structure to a use that requires a special permit, or special approval
shall be subject to the requirements of this article.
Section 2403 - PROCEDURE.
The applicant shall have the option to make an informal pre -submission presentation
to the appropriate Board at which time special permit or special approval (hereafter
collectively referred to as "special authorization") application requirements may be
reviewed. A sketch plan or other general description should be prepared by the
applicant for use at the pre -submission meeting, to indicate the general nature of the
proposal.
2. Unless other requirements of this Ordinance govern the applicant shall make formal
application for special authorization to the appropriate Board by submitting, at a
minimum:
(a) One completed and signed application form prescribed by the Board hearing
the matter. If a Development Review Application is submitted for a site plan
review and special permit, no additional application shall be required.
(b) Applicable application.
(c) Deposit of review fees to the extent required by this Ordinance or any other
Town law or resolution.
(d) One fully completed and signed Short Environmental Assessment Form, Part
I (SERF), or Long Environmental Assessment Form, Part I (LEAF),
whichever is required.
(e) Such other information or documentation as may be deemed reasonably
necessary or appropriate by the reviewing staff person or Board to adequately
consider the application.
The application for special authorization shall not be deemed complete until all of the
above items are received by the Town Planner (for special permits) or Town Building
Code and Zoning Enforcement Officer (for special approvals) and the requirements
of SEQR have been met.
Upon receipt of a complete application, the appropriate Board shall hold a public
hearing in accordance with the provisions of Town Law Section 274-b or any similar
or successor applicable statutes and shall render a decision approving, approving with
conditions, or denying the special authorization. Such hearing maybe combined with
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any other hearing relating to the same proposal (e.g. site plan approval and special
permit hearings maybe combined).
4. In making its decision, the reviewing Board shall have the power to impose
conditions and restrictions as authorized by Section 274-b of the Town Law or any
similar or successor statute.
Section 2404 - WAIVER OF REQUIREMENTS. The reviewing Board may waive one
or more of the normal application requirements when it determines that the particular circumstances
do not require all of the full application materials for adequate consideration of the request for
special authorization.
Section 2405 - CONSIDERATIONS FOR APPROVAL. The reviewing Board's
determination of an application for special authorization shall include findings consistent with any
special criteria set forth in this Ordinance relating to the specific use or activity for which approval
is being sought, and shall also include as appropriate, but shall not be limited to, findings that the
following standards have been met:
The health, safety, morals and general welfare of the community in harmony with the
general purpose of this Ordinance (including the specific purposes related to the zone
in which the premises are located) are being promoted, except that as to all public
buildings and educational buildings wherein the principal use is research,
administration, or instruction, the same shall be presumed to exist.
2. The premises are reasonably adapted to the proposed use, and such use will fill a
neighborhood or community need, except that all publicly owned or educational
buildings are deemed to be adapted to the proposed use and are deemed to fill a
neighborhood or community need.
The proposed use and the location and design of any structure will be consistent with
the character of the district in which it is located.
4. The proposed use will not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devalue neighboring property or seriously
inconvenience neighboring inhabitants.
5. Operations in connection with the proposed use will not be more objectionable to
nearby properties by reason of noise, fumes, vibrations, illumination, or other
potential nuisance, than the operation of any permitted use in the particular zone,
except that as to all public buildings, churches, and educational institutions the
determination shall be whether the presumed benefit of such a use is outweighed by
the objectionable impacts of such use on nearby properties.
6. Community infrastructure and services, including but not limited to protective
services, roadways, garbage collection, schools, and water and sewer facilities are
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currently, or will be, of adequate capacity to accommodate the proposed use.
The proposed use, building design, and site layout comply with all the provisions of
this Ordinance and, to the extent considered by the reviewing board, with other
regulations and ordinances of the Town, with the Building Code and all other state
and federal laws, rules and regulations, and with the Town's Comprehensive Plan.
The proposed access and egress for all structures and uses are safely designed and the
site layout provides adequate access for emergency vehicles.
9. 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,
except that as to all public, religious and educational uses, the determination shall be
whether the presumed benefit of such a use is outweighed by the detrimental effect
of the proposed use upon the health, safety, and general welfare of the community.
10. The lot area, access, parking, and loading facilities are sufficient for the proposed use
and access, parking and loading facilities are adequately bufferred to minimize their
visual impact.
11. Natural surface water drainage is adequately managed in accordance with good
engineering practices and in accordance with any applicable Town local law or
ordinance, and existing drainage ways are no altered in a manner that adversely
affects other properties.
12. To the extent reasonably deemed relevant by the reviewing Board, the proposed use
or structure complies with all the criteria applicable to site plan review set forth in
this Ordinance.
Section 2406 - MODIFICATIONS OF SPECIAL PERMITS OR SPECIAL
APPROVALS. A special authorization that has been issued may be modified upon the application
of the owner for such modification. Such application shall be in accordance with the provisions of
this article and the procedures applicable to such application shall be the same as are applicable to
an initial application for a special authorization. Notwithstanding the foregoing, no approval shall
be required if the change is a modification set forth in Section 2309 as not requiring approval of a
modification to a site plan. The waiver of the requirement for approval of a modification to a special
permit or special approval is subject to the same conditions, and subject to the same limitations as
pertain to modifications to approved site plans.
Section 2407 - EXPIRATION OF SPECIAL PERMIT OR SPECIAL APPROVAL.
Unless work has materially commenced (as defined in Section 2312 (3)) in accordance with the
special authorization within one year from the issuance of the building permit authorizing such work,
or within thirty-six months of the date the reviewing Board approved the special authorization,
whichever is earlier, not only the building permit but the special authorization shall expire and the
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permissible uses and construction on the property shall revert to those in effect prior to the approval
of any special authorization. The reviewing Board, upon request of the applicant, after a public
hearing, and upon a finding that the imposition of the time limits set forth above would create an
undue hardship on the applicant, may extend the time limits for such additional periods as the
reviewing Board may reasonably determine. An application for such extension maybe made at the
time of filing of the original application or at any time thereafter up to, but no later than, six months
after the expiration of the time limits set forth above.
ARTICLE XXV: NON -CONFORMING USES.
Section 2500 - NONCONFORMING LOTS OF RECORD. In any Zone in which a one
family dwelling is permitted, a one family dwelling and customary accessory buildings may be
erected on any single lot of record at the effective date of adoption or amendment of this Ordinance
creating the non -conformity, provided
Such lot was a valid, lawfully existing lot prior to the adoption or amendment of this
Ordinance which created the non -conformity; and
2. The non -conformity of the lot relates to size or area; and
All other provisions of this Ordinance, including yard requirements, are complied
with, or a variance from such compliance has been obtained from the Board of
Appeals.
In addition, upon receipt of a special approval from the Board of Appeals, a two family dwelling may
be constructed on such a lot if permitted by the regulations of the zone, subject to the conditions set
forth above, and subject to any conditions (such as occupancy or dwelling unit size) that govern two-
family dwellings in the zone in which the dwelling is located.
Section 2501 - NONCONFORMING USES OF LAND. Where, at the effective date of
adoption or amendment of this Ordinance, a lawful use of land exists that is made no longer
permissible under the terms of this Ordinance as enacted or amended, such use may be continued,
so long as it remains otherwise lawful, subject to the following provisions:
Such nonconforming use must not be enlarged or increased, nor extended to occupy
a greater area of land than was occupied at the effective date of adoption or
amendment of this Ordinance;
2. Such nonconforming use must not be moved in whole or in part to any other portion
of the lot or parcel occupied by such use at the effective date of adoption or
amendment of this Ordinance; and
3. If any such nonconforming use of land ceases for any reason for a period of more
than one year, any subsequent use of such land must conform to the regulations
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specified by this Ordinance for the Zone in which such land is located.
Section 2502 - NONCONFORMING STRUCTURES. Where a lawful structure exists at
the effective date of adoption or amendment of this Ordinance that could not be built under the terms
ofthis Ordinance byreason ofrestrictions on area, lot coverage, height, yards, or other characteristics
of the structure or its location on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way which increases its
nonconformity.
2. Should such structure be destroyed by any means, in whole or in part, it may be
reconstructed in accordance with the provisions of Section 2508 below.
Should such structure be moved for any reason for any distance whatever, it must
thereafter conform to the regulations for the Zone in which it is located after it is
moved.
Section 2503 - NONCONFORMING USES OF STRUCTURES. If a lawful use of a
structure, or of structure and land in combination, exists at the effective date of adoption or
amendment of this Ordinance, that would not be allowed in the Zone under -the terms of this
Ordinance as amended, the lawful use may be continued as long as it remains otherwise lawful,
subject to the following provisions:
No existing structure devoted to a use not permitted by this Ordinance in the zone in
which it is located may be enlarged, extended, constructed, moved, or structurally
altered except in changing the use of the structure to a use permitted in the zone in
which it is located or to a use permitted pursuant to Section 2507 below.;
2. Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed for such use at the time of adoption or
amendment of this Ordinance, but such use must not be extended to occupy any land
outside such building;
3. Any structure, or structure and land in combination, in or on which a nonconforming
use is superseded by a permitted use must thereafter conform to the regulations for
the zone in which such structure is located, and the nonconforming use may not
thereafter be resumed;
4. When a nonconforming use of a structure, or structure and land in combination,
ceases for a period of one year, the structure or structure and land in combination
must not thereafter be used except in conformance with the regulations of the zone
in which it is located;
Where nonconforming use status applies to a structure and land in combination,
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removal or destruction of the structure eliminates the nonconforming status of the
land;
6. Where a non -conforming use exists in an area that has been or now requires site plan
approval for any change of use, the non -conforming use may not be changed to any
other use permitted in the zone until site plan approval has been obtained pursuant
to the terms of this Ordinance.
Section 2504 - INTERRUPTION OF NON -CONFORMING USE. Notwithstanding the
provisions above regarding cessation of non -conforming uses, for purposes of determining whether
a non -conforming use has ceased for a period of one year there shall be excluded from the
calculation of the year period any period of time during which a non -conforming use was suspended
solely because of a national emergency or temporary government restrictions (other than zoning
restrictions). Upon termination of the national emergency or the temporary government restriction,
the calculation of the year period shall resume.
Section 2505 - DWELLINGS ON NON -CONFORMING LOTS. Notwithstanding the
provisions above prohibiting enlargement of non -conforming uses, if only a one -family dwelling or
a legally existing two-family dwelling and related accessory buildings are present on a lot that is of
a size or area less than that otherwise permitted in the Zone in which the lot is located, and such lot
is a valid non -conforming lot, such dwelling may be enlarged or altered provided
The existing dwelling is in conformance with all requirements of this Ordinance
except for the fact that it is located on a lot that is less than the required size or area
which lot was of record at the time of the adoption or amendment of this Ordinance
creating the non -conformity;
2. Such alteration or enlargement does not violate any other provisions of this
Ordinance (e.g., yard, height, or other restrictions); and
If such dwelling is a single family dwelling, upon completion of such enlargement
or alteration the building and lot continue to be used only as a single family dwelling,
provided, however, that upon receipt of a special approval from the Board of
Appeals, a single family dwelling may be enlarged to a two-family dwelling, subject
to the conditions set forth above, and subject to any conditions (such as occupancy
or dwelling unit size) that govern two-family dwellings in the zone in which the
dwelling is located.
Section 2506 - CONTINUATION OF CONSTRUCTION. Nothing in this Ordinance is
deemed to require a change in the plans, construction, or designated use of any building on which
actual construction was lawfully begun prior to the effective date of adoption or amendment of this
Ordinance and upon which actual building construction has been diligently prosecuted and
completed within two years after the effective date of the adoption or amendment making the use
non -conforming.
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Section 2507 - ALTERATIONS IN USE. Except as prohibited above, and subject to the
requirement of obtaining site plan approval if required, 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:
Conservation Zones
Agricultural Zones
Low Density Residential Zones
Lakefront Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Lakefront Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Light Industrial Zones
Industrial Zones
Section 2505 - RESTORATION. Nothing herein shall prevent the continued use and
substantial restoration and continued use of a non -conforming building damaged by fire, flood,
earthquake, act of God, or act of the public enemy, provided that
(a) Such restoration is located on, and no larger than, the footprint of the structure prior
to its destruction; and
(b) Such restoration is completed within one year of the damage; and
(c) The use of the building and the manner in which it was used prior to the loss is
recommenced within one year of the damage.
The time limits set forth above may be extended by the Board of Appeals in cases of practical
difficulty or unnecessary hardship using the same criteria as are applied in determining applications
for an area variance. An application for an extension shall be brought no later than six months after
the expiration of the year period, or six months after the expiration of any previously granted
extension.
Section 2509 - BOARD OF APPEALS DETERMINATION. The Board of Appeals shall
have the jurisdiction to hear and determine any claims as to whether a particular use is a valid non-
conforming use, or whether a non -conforming use has been improperly extended or enlarged, or any
other matter relating to the non -conforming uses. Such jurisdiction maybe exercised by an appeal
from a decision of the Code Enforcement Officer as hereinafter provided, or by direct application
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to the Board in those instances where there is no application for a permit or certificate before the
Code Enforcement Officer. Any such direct application to the Board of Appeals shall be made on
such forms and contain such information as the Board and/or the Code Enforcement Officer may
determine and shall be delivered to the Code Enforcement Officer for submission to the Board.
Section 2510 - VARIANCE CRITERIA. In the event an application is made to the Board
of Appeals for a variance to enlarge or alter a non -conforming use, the Board shall apply the same
criteria in determining the matter as would be applicable if the application had been made for
property that was otherwise conforming. For example, if the application is to enlarge a building that
already encroaches on a required side yard, the Board shall use the criteria applicable to considering
an area variance. If the application is to change the use to another non -conforming use (which is not
permitted pursuant to Section 2507 above), the Board shall use the criteria applicable to considering
a use variance.
Section 2511 - AMORTIZATION OF CERTAIN NON -CONFORMING USES
RELATING TO PRE-1991 RESIDENTIAL OCCUPANCIES.
Notwithstanding any other provisions of this Ordinance and in an effort to provide for
generally uniform limitations regarding residential occupancy throughout the residential
zones of the Town, the non -conforming occupancies referred to in this section shall be
terminated as set forth below.
2. This section shall apply to residential occupancies in all zones in which residential
occupancies are permitted or occur including any special land use zones which include
occupancy of dwellings as a permitted use.
3. 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 (including the amendment of 1991 to
an earlier version of 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.
4. 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, or to buildings for which different
occupancy requirements were established by local laws or resolutions creating or regulating
multiple residence zones adopted 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 approval for such extension from the Board of Appeals. Such
approval 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 created by
the 1991 amendment referred to above, termination of the non -conforming use would cause
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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 March 1,1991,
or if the zoning change creating the non -conformity was adopted after March 1, 1991, the
amount of such investment on the date of such later zoning change; (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 period between
March 1, 1991 (or such later zoning change date) 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,
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, or, if the non-
conformity was created by a subsequent zoning change, any such costs incurred after such
change. 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.
ARTICLE XXVI: SPECIAL REGULATIONS
Section 2600 - MOBILE HOMES AND TRAILERS. Trailer camps or parks and trailers
or mobile homes for occupancy shall be prohibited in all zones except Mobile Home Park Zones and
except as follows:
l . One mobile home may be placed on a vacant lot in a residence or agricultural zone
for use as temporary housing during the construction of a permanent dwelling on said
lot for a period not to exceed 18 months, provided that said mobile home shall be
occupied by the owner of record of said lot.
Such eighteen month period maybe extended bypermission of the Board of Appeals,
upon good cause shown by the owner of the land on which the mobile home is
located, and after a public hearing on same.
Said mobile home must be removed upon the completion of construction although
the 18 month time limit may not have fully expired.
2. Upon special approval of the Board of Appeals to be reviewed each year, one mobile
home for each property owner shall be permitted in all Agricultural and Low Density
Zones, 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 2601- ELDER COTTAGES. Elder cottages shall be permitted as accessory uses,
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upon obtaining special approval from the Board of Appeals, and subject to the following provisions
and conditions:
1. Use Limitations: An elder cottage shall not be occupied by more than two persons;
(a) Who shall be the same persons enumerated on the application for the elder
cottage,
(b) Who shall be persons 55 years of age or older, and
(c) At least one of such persons shall be a parent or grandparent of one of the
owners and occupants of the principal dwelling on the lot where the elder
cottage is located.
2. Dimensional Limitations:
(a) The elder cottage shall not exceed 750 square feet in total floor area.
(b) Notwithstanding any other provisions of this Ordinance, the minimum size
of the elder cottage may be reduced to no less than 250 square feet of
enclosed floor area.
(c) The elder cottage shall not exceed one story in height and under no
circumstances shall the total height exceed 20 feet.
Location Requirements:
(a) An elder cottage shall, subject to the further limitations of this Section, be
located only on a lot where there already exists a one -family or two-family
dwelling.
(b) No elder cottage shall be located within the front yard of any lot.
(c) No elder cottage shall be permitted on a non -conforming building lot.
(d) No more than one elder cottage shall be located on any lot.
(e) The erection of the elder cottage shall be otherwise in conformity with all
other provisions of the Zoning Ordinance including lot coverage and side and
rear yard setbacks.
4. Building Requirements:
(a) An elder cottage shall be clearly subordinate to the principal building on the
lot and its exterior appearance and character shall be in harmony with the
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existing principal building.
(b) An elder cottage shall be constructed in accordance with all applicable laws,
regulations, codes and ordinances, including the Building Code. If an elder
cottage is a factory manufactured home or component, in addition to
complying with any other law, it shall bear an Insignia of Approval or other
equivalent, legally recognized indicia of compliance with applicable laws,
issued by the N.Y. State Fire Prevention and Building Code Council or the
N.Y. State Division of Housing and Community Renewal.
(c) An elder cottage shall be constructed so as to be easily removable. The
cottage's foundation shall be of easily removable materials so that the lot may
be restored to its original use and appearance after removal with as little
expense as possible. No permanent fencing, walls, or other structures shall
be installed or modified that will hinder removal of the cottage from the lot.
(d) Adequate water supply and sewage disposal arrangements shall be provided,
which may include connections to such facilities of the principal building.
If a cottage is located in an area where electrical, cable, and/or telephone
utilities are underground, such utilities serving the elder cottage shall also be
underground.
(e) It shall be disclosed at the time of application whether the proposed
inhabitants of an elder cottage will have a car. If so, an adequate area for
parking shall be required for the expected number of cars.
Special Approval:
(a) The construction or placement of an elder cottage on a lot shall not occur
until special approval for same is granted by the Board of Appeals.
(b) The special approval shall be for a period of one year (unless earlier
terminated as hereinafter set forth) and thereafter may be renewed annually
by the Building and Zoning Enforcement Officer upon receipt of an
application for same provided that the circumstances obtaining at the time of
the original application have not changed.
(c) The special approval shall terminate 120 days after
(i) The death or permanent change of residence of the original occupant
or occupants of the elder cottage, or
(ii) Any of the occupancy requirements set forth in this Section are no
longer met.
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Without limiting other indicia of a permanent change of residence,
continuous absence from the elder cottage of a person for a period of 180
consecutive days shall be considered to be a permanent change of residence.
During the 120 day period following any of the events set forth in
subparagraphs (i) and (ii) above, the unit shall be removed and the site
restored so that no visible evidence of the elder cottage and its accessory
elements remains. If the elder cottage has not been removed by the end of the
120 day period, in addition to the existing sanctions in the Zoning Ordinance,
actions to insure removal maybe taken, including removal and salvage by the
Town with a lien imposed to defray any costs incurred. Such lien may be
added to the real estate taxes applicable to the lot on which the elder cottage
is located and collected in the same way as any other tax payable to the
Town.
6. Procedure For Obtaining A Special Approval:
(a) The application for original issuance of a special approval and renewal shall
contain such information as the Board of Appeals or Building and Zoning
Enforcement Officer may require to adequately review the qualification for
granting the approval, but, for an original application shall contain at a
minimum:
(i) Name of owner of the lot.
(ii) Name of occupants of principal building.
(iii) Name of proposed occupants of the elder cottage.
(iv) Age of proposed occupants of the elder cottage.
(v) Relationship of elder cottage occupants to owners and occupants of
the principal building.
(vi) Sketch plan or survey, which shall be drawn to scale, showing
(A) Location of all existing buildings, structures, drives,
walkways and the layout of utility services,
(B) Proposed location and size of the elder cottage,
(C) Proposed water, septic, and other utility connections,
(D) Proposed landscaping and screening if any is contemplated.
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(vii) Sketches, drawings, pictures or other materials which adequately
describe the layout and appearance of the proposed elder cottage.
(viii) Agreement to remove the elder cottage when it no longer qualifies as
such.
(ix) Consent for the Town to enter on the property and to remove the elder
cottage if the owner fails to timely remove it, as set forth below.
(b) By applying for a special approval for the erection of an elder cottage, the
owner of the lot on which the elder cottage is to be located, for himself or
herself, his or her heirs, successors and assigns, irrevocably consents to the
entry of the Town and its authorized officials and agents upon the property,
after notice and an opportunity to be heard before the Board of Appeals, for
the purpose of removing the elder cottage in the event the requirements for
maintenance of same are no longer met, and further agrees that any costs
incurred by the Town in so removing the cottage shall become a lien upon the
property on which the cottage was located subj ect to collection in the manner
set forth above.
(c) The granting of a special approval shall be governed, in addition to the
provisions set forth in this Section, to the general provisions relating to
granting of special approvals and approval of site plans. The Board of
Appeals shall have the authority, in determining whether to grant the special
approval, to review the site plan and apply the criteria relating to site plan
approvals that the Planning Board uses in granting site plan approvals
pursuant to Sections 46 et. seq. The Board of Appeals shall have the further
authority when granting special approval, to impose such reasonable
conditions as the Board may deem necessary to minimize the impact of the
addition of an elder cottage upon the lot on which it is being located as well
as the neighborhood in which it is being located.
7. Limitation on Variances: Notwithstanding any other provisions of this Ordinance
there shall be no variances granted for extension of time for removal of an elder
cottage except that the Board of Appeals may, upon making the same findings that
would normally be required for the granting of a use variance, extend the time for
removal of the elder cottage for one additional six month period.
8. Definition of Owner: For the purposes of this Section, the term "owner" as applied
to ownership of a principal building shall mean a natural person
(a) Who owns at least a 50 percent interest in the real property and related
buildings, whether individually or as a tenant in common; or
(b) Who owns the real property and related buildings with no more than one
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other individual or entity as co joint tenants or tenants by the entirety, in
either event each of the co joint tenants or tenants by the entirety having
identical interests.
Section 2602 - EXTRACTION OR DEPOSIT OF FILL AND RELATED PRODUCTS.
1. In any zone no more than 50 cubic yards of fill, sod, loam, sand, gravel, stone or
similar materials (hereinafter referred to collectively as "fill") shall be deposited or
removed or offered for sale in any one year, except in connection with a public work
on the property or the removal of silt or other recently accumulated material that
blocks a normal flow of a water course, without obtaining an approval pursuant to
this section.
2. For the purposes of this section, movement of fill from one area on a site to another
location on the site shall be considered a deposit and removal and shall be subject to
the fill permit requirements of this section if the requisite volume of fill is being
moved, unless such activity is an activity specifically excepted from the requirements
of this section by the provisions set forth below.
3. If the application is for deposit or extraction of more than 50 but less than 250 cubic
yards of fill, the approval may be given by the Town Engineer. If the application is
for deposit or extraction of 250 cubic yards or more, special approval shall be
obtained from the Board of Appeals.
4. In applying for such approval, the applicant shall submit to the Town Engineer a plan
ofthe proposed proj ect, showing property lines, and adjacent public ways, grades and
depths of proposed deposit or removal, soil types or fill types to be deposited or
removed, water courses, erosion control during and after construction, projected
duration of project, proposed regrading and replanting of the property upon
completion of the operation, and such other items as the Board of Appeals or Town
Engineer may require to adequately review the proposed project.
5. In those cases requiring a special approval from the Board of Appeals, the Board
shall not act until the Town Engineer has reviewed such plan and advised the Board
that in his professional opinion the plan adequately protects the property and
surrounding properties from significant adverse consequences of such deposit or
removal, including, when completed, adverse drainage, erosion, visual or other
adverse impacts. Before issuing a special approval, the Board shall make the same
findings as are required for the Engineer's opinion. In considering the proposed use
the Board shall take into account the distance of the operation from neighboring
property and public ways, the possible detriment of such use to the future
development of the land in question, and significant nuisance or detriment of the
operation to neighboring landowners and to the community as a whole.
6. 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, standards for performance, and the requirement that a performance bond
be posted to insure compliance with the requirements of this ordinance and with any
further reasonable conditions imposed by the Board.
7. 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.
8. In the event that the proposed movement of fill involves the deposit or extraction of
less than 250 cubic yards, the Town Engineer may grant written approval provided
that the Engineer determines, before issuing the approval that the proposed plan
(a) Provides for appropriate erosion control during and after construction;
(b) Protects against adverse drainage on the subject property and surrounding
properties;
(c) Provides for appropriate revegetation when necessary;
(d) Provides for appropriate slope controls; and
(e) Does not adversely affect properties surrounding the designated site both
during and after removal or deposit of the fill.
The Town Engineer may impose such reasonable conditions upon the applicant as
the Engineer deems necessary to protect the general welfare of the community, which
may include a reasonable time limit upon operations, reasonable standards for
performance, and the requirement that a performance bond or other security in a
reasonable amount be posted to insure compliance with the requirements of this
Ordinance and with any further reasonable conditions imposed by the Engineer.
9. The following are excepted from the requirements set forth above:
(a) Any normal building operation in connection with a legal building permit,
such as excavation, filling, or grading, shall be excepted from the provisions
of this Section provided, however, that this exception shall apply only where
the total amount of material moved from one place to another place on the
construction site is less than 700 cubic yards and where the total amount of
material removed from the construction site to an off -site location (orbrought
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:
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(i) An area of 30,000 square feet in which the proposed construction is
to be located; or
(ii) The area contained within the footprint of the proposed structure plus
an additional 50 feet adjacent to the perimeter of the proposed
structure.
(b) Removal or deposit of fill in connection with the construction of a septic field
or septic system on an individual lot pursuant to a permit obtained from the
Tompkins County Health Department.
(c) Removal or deposit of fill in connection with construction in accordance with
a site plan approved by the appropriate Town authority (e.g. Town Board,
Town Planning Board or Board of Appeals) provided that such construction
occurs within three years of the final approval of such authority.
Notwithstanding the foregoing, if fill is being removed to or from another site
in the Town, and if the plans for the removal from, or deposit on, such other
site were reviewed by the Town Engineer and the Board granting such
approval was advised of the results of such review and specifically included
the proposed disposition of such fill in its approval, no further approval under
this Section shall be required provided the construction occurs within the
time limits set forth above. If the disposition of fill was not specifically
approved by the applicable Board in connection with any such approvals, this
exception shall not apply and the applicant shall be required to obtain special
approval for the deposit or removal of fill relative to such other site in
accordance with the terms of this Section.
(d) Removal, movement, or deposit of not more than 500 cubic yards of fill in an
Agricultural Zone in any three year period in conjunction with one or more
bona fide agricultural uses.
(e) Removal or deposit of fill in connection with construction of roads and other
facilities in a subdivision approved in accordance with the requirements of
the Town of Ithaca Planning Board provided, however, that
(i) Plans for such construction showing in sufficient detail the proposed
removal and/or deposit of fill (including, when removal from or
deposit on to an off -site location is contemplated, adequate plans of
such off -site location showing the required information relative to the
disposition or removal of fill to or from same) were submitted to the
Planning Board and approved by the Town Engineer in conjunction
with the subdivision approval; or
(ii) The Planning Board expressly waived the requirement of submission
of such drawings and the total amount of fill to be either deposited or
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removed is less than 500 cubic yards.
Section 2603 - LIMITATIONS ON VEHICLE REPAIR GARAGES AND GASOLINE
SALES STATIONS. No part of any building used as a vehicle repair garage or gasoline service
station and no filling pump, lift or other service appliance shall be. erected within 25 feet of any
residence zone or in any required side yard.
Section 2604 - TELECOMMUNICATIONS FACILITIES.
Purpose. The purpose of these supplemental regulations is to promote health, safety,
and the general welfare of the residents of the Town of Ithaca; to provide standards
for the safe provision of telecommunications consistent with applicable federal and
state regulations; to minimize the total number of telecommunications towers in the
community by encouraging shared use of existing and future towers and the use of
existing tall buildings and other high structures and by encouraging alternative
technologies that would minimize the need for multiple towers; and to minimize
adverse visual effects from telecommunications towers by requiring careful siting,
visual impact assessment, and appropriate landscaping.
2. Special Permit, Site Plan Approval and Variance. So long as telecommunications
facilities are deemed, under New York _law, to be a utility, telecommunications
facilities may be constructed anywhere in the Town of Ithaca but only if the person
seeking to erect same shall have obtained a special permit and site plan approval
from the Planning Board in accordance with this section and the other provisions of
this ordinance governing issuance of special permits and site plan approvals prior to
any construction. If the proposed height of the telecommunications facility exceeds
the permitted height of structures in the zoning district in which the facility is
proposed to be located, notwithstanding any other provisions of this ordinance, a
height variance from the Board of Appeals shall also be required.
General Criteria. No special permit or renewal thereof or modification of a current
special permit relating to a telecommunications facility shall be authorized by the
Planning Board unless it finds that such telecommunications facility:
(a) is necessary to meet current or reasonably expected demands for services;
(b) conforms with all federal and state laws and all applicable rules or regulations
promulgated by the Federal Communications Commission (the "FCC"),
Federal Aviation Administration (the "FAA"), or any other federal agencies
having jurisdiction;
(c) is considered a public utility in the State of New York;
(d) is sited, designed and constructed in a manner which minimizes (i) visual
impact to the extent practical and (ii) adverse impacts upon migratory and
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other birds and other wildlife;
(e) complies with all other requirements of this Ordinance, unless expressly
superseded herein;
(f) is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility;
(g) when including the construction of a tower, such tower is designed to
accommodate future shared use by at least two (2) other telecommunication
service providers. Any subsequent location of telecommunication equipment
by other service providers on existing towers specifically designed for shared
use shall not require a new or modified special permit if there would be no
increase in the height of the tower and if the tower's original design was
adequate to accommodate the proposed additional equipment. However, the
additional equipment will require site plan review and issuance of a building
permit before construction occurs. At the option of the Building and Zoning
Enforcement Officer there may be required, before issuance of a building
permit, an engineer's certificate or report to the effect that with the proposed
additional equipment the existing tower continues to be safe and meets all
then currently applicable design and construction criteria in accordance with
generally accepted good engineering practices and generally accepted
industry standards.
4. Co -Location. The shared use of existing telecommunications facilities or other
structures shall be preferred to the construction of new facilities. Any special permit
application, renewal or modification thereof shall include proof that reasonable
efforts have been made to co -locate within an existing telecommunications facility
or upon an existing structure. The application shall include an adequate inventory
report specifying existing telecommunications facility sites and structures exceeding
seventy-five per cent (75%) of the height of the proposed tower within the search
range of the cell grid. The inventory report shall contain an evaluation of
opportunities for shared use as an alternative to the proposed location.
The applicant must demonstrate that the proposed telecommunications facility cannot
be accommodated on existing telecommunications facility sites in the inventory due
to one (1) or more of the following reasons:
(a) the planned equipment would exceed the structural capacity of existing and
approved telecommunications facilities or other structures, considering
existing and reasonably anticipated future use for those facilities;
(b) the planned equipment would cause radio frequency interference with other
existing or planned equipment, which cannot be reasonably prevented;
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(c) existing or approved telecommunications facilities or other structures do not
have space and cannot be modified to provide space on which proposed
equipment can be placed so it can function effectively and reasonably;
(d) other technical reasons make it impracticable to place the equipment
. proposed by the applicant on existing facilities or structures;
(e) the property owner or owner of the existing telecommunications facility or
other structure refuses to allow such co -location.
Priority of Siting Locations. In determining whether a site is appropriate, and if
it is determined a need exists for the telecommunications facility, the preferential
order of location, to the extent the same may be, or may be made, technically
feasible, is as follows:
(a) Co -located on existing telecommunications towers;
(b) Co -located on any other existing radio or other tower that would not require
any increase in height nor significant noticeable structural additions to
accommodate the telecommunications facility;
(c) Within any industrial zones or existing planned development zones that
permit industrial activities;
(d) Within any light industrial zones or existing planned development zones that
permit light industrial activities;
(e) Within any existing community commercial zones or existing planned
development zones which permits all of the activities permitted in a
community commercial zone;
(f) On any other property in the Town.
6. Dimensional Standards.
(a) A fall zone around any tower constructed as part of a telecommunications
facility must have a radius at least equal to the height of the tower and any
attached antennae. The entire fall zone may not include public roads and
must be located on property either owned or leased by the applicant or for
which the applicant has obtained an easement, and may not, except as set
forth below, contain any structure other than those associated with the
telecommunications facility. Ifthe facility is attached to an existing structure,
relief maybe granted by specific permission of the Planning Board on a case -
by -case basis if it is determined by such Board after submission of competent
evidence, that the waiver of this requirement will not endanger the life,
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health, welfare or property of any person. In granting any such waiver, the
Board may impose any conditions reasonably necessary to protect the public
or other property from potential injury.
(b) All telecommunication facilities shall be located on a single parcel.
(c) All telecommunication facilities shall comply with the setback, frontage,
minimum lot size, and yard standards of the underlying zoning district and
the fall zone requirements of this article. To the extent there is a conflict, the
more restrictive provision shall govern. The size of the leased or owned lot,
together with any land over which the applicant has obtained an easement,
shall be, at a minimum, sufficiently large to include the entire fall zone. All
lots leased or owned for the purpose of construction of a tower as part of
telecommunications facility shall conform, at a minimum, to the lot size
requirements of the underlying zoning district or the size of lot necessary to
encompass the entire fall zone (to the extent easements for any part of the fall
zone that extends outside the minimum lot sized permitted in the zoning
district have not been obtained), whichever requirement results in a larger lot.
(d) Notwithstanding provisions to the contrary of any other article of this
ordinance, the front, side, and rear yard requirements of the underlying
zoning district in which a telecommunications facility is erected shall apply
not only to a tower, but also to all tower parts including guy wires and
anchors, and to any accessory buildings.
7. Lighting and Marking.
(a) Towers shall not be artificially lighted and marked beyond the requirements
of the FAA.
(b) Notwithstanding the preceding paragraph, an applicant maybe compelled to
add FAA -style lighting and marking, if in the judgment of the Planning
Board, such a requirement would be of direct benefit to public safety and
would not unduly adversely affect residents of any surrounding property.
Appearance and Buffering.
(a) The use of any portion of a telecommunications facility for signs,
promotional or advertising purposes, including but not limited to company
name, phone numbers, banners, streamers, and balloons is prohibited.
(b) The facility shall have the least practical visual effect on the environment, as
determined by the Planning Board. Any tower that is not subject to FAA
marking as set forth above shall otherwise:
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(i) have a galvanized finish, or shall be painted gray above the
surrounding tree line and gray or green below the tree line, as deemed
appropriate by the Planning Board, or
(ii) be disguised or camouflaged to blend in with the surroundings, to the
extent that such alteration does not impair the ability of the facility to
perform its designed function.
(c) Accessory structures shall maximize the use ofbuilding materials, colors, and
textures designed to blend in with the natural surroundings.
(d) Each application for aproposed facility shall be accompanied by a SEQR Full
Environmental Assessment Form ("Full EAF"). A Visual Environmental
Assessment Form ("Visual EAF") shall be required as an addendum to the
Full EAF. The Planning Board may require submittal of a more detailed
visual analysis based on the contents of the Visual EAF.
(e) The facility shall have appropriate vegetative buffering, reasonably
satisfactory to the Planning Board, around the fences of the tower base area,
accessory structures and the anchor points of guyed towers to buffer their
view from neighboring residences, recreation areas, or public roads. The
Planning Board may similarly require screening adjacent to waterways,
landmarks, refuges, community facilities, or conservation or historic areas
within common view of the public.
(f) Without limiting the requirements of the preceding paragraph, existing on -
site vegetation shall be preserved to the maximum extent possible, and no
cutting of trees exceeding four (4) inches in diameter (measured at a height
of four (4) feet off the ground) shall occur in connection with the
telecommunications facility prior to the granting of special permit and site
plan approval. Clearcutting of all trees in a single contiguous area exceeding
20,000 square feet shall be prohibited.
(g) The Planning Board may require additional information, such as line -of -sight
drawings, detailed elevation maps, visual simulations, before and after
renderings, and alternate tower designs to more clearly identify adverse
impacts for the purpose of their mitigation.
(h) Equipment or vehicles not used in direct support, renovations, additions or
repair of any telecommunications facility shall not be stored or parked on the
Facility site.
9. Access and Parking.
(a) Access ways shall make maximum use of existing public or private roads to
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the extent practicable. New access ways constructed solely for
telecommunication facilities must be at least twelve (12), but no more than
twenty-four (24) feet wide, and closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion potential.
(b) The road surface (driveways) shall be centered within access ways and shall
not comprise more than 60% of the width of the access way.
(c) Parking areas shall be sufficient to accommodate the usual number of service
vehicles expected on the premises at any one time. Space off of public
highways shall be provided (not necessarily in parking areas) to
accommodate the greatest number of service vehicles expected on the
premises at any one time.
(d) Driveways or parking areas shall provide adequate interior turn -around, such
that service vehicles will not have to back out onto a public thoroughfare.
10. Security.
(a) Towers, anchor points of guyed towers, and accessory structures shall each
be surrounded by fencing at least eight (8) ft. in height, the top foot of which
may, at the discretion of the Planning Board in deference to the character of
the neighborhood, be comprised ofthree-strands ofbarbed wire to discourage
unauthorized access to the site. The Planning Board may waive the
requirement of fencing if, in its discretion, it determines that other forms of
security are adequate, or that, by reason of location or occupancy, security
will not be significantly compromised by the omission, or reduction in size,
of the otherwise required fencing.
(b) Motion -activated or staff -activated security lighting around the base of a
tower or accessory structure entrance may be provided if such lighting does
not project off the site. Such lighting should only occur when the area within
the fenced perimeters has been entered. .
(c) There shall be no permanent climbing pegs within fifteen (15) feet of the
ground of any tower.
(d) A locked gate at the junction of the access way and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such gate must
not protrude into the public right-of-way.
11. Engineering and Maintenance.
(a) Site plans for all telecommunication facilities must be bear the seal of a
professional engineer licensed to practice in the State of New York. Every
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facility shall be built, operated and maintained to acceptable industry
standards, including but not limited to the most recent, applicable standards
of the Institute of Electric and Electronic Engineers ("IEEE") and the
American National Standards Institute ("ANSI").
(b) Every Facility shall be inspected at least every second year for structural
integrity by a New York State licensed engineer. A copy of the inspection
report §hall be submitted to the Building and Zoning Enforcement Officer.
Any unsafe condition revealed by such report shall be corrected within ten
days of notification of same to the record landowner on which the facility is
constructed. The time period for correction may, on application of the
landowner or owner of the facility, be extended by the Planning Board if it
is impracticable to complete the correction within said ten days and if there
is no imminent danger to life, limb, or other person'§ property. If the unsafe
condition is not corrected within the applicable time period, or if the required
inspection is not provided to the Town the special permit for construction of
the facility may, after a hearing by the Planning Board on at least ten days'
prior notice to the landowner of record given by certified mail, return receipt
requested, or other equally effective manner of providing notice, be revoked
by such Board. Revocation may occur only if the Board finds either (a) that
the required inspection has not been provided or (b) that there is an unsafe
condition which poses a risk of bodily injury or significant property damage.
Upon such revocation, the facility shall be removed or dismantled to the point
of removing all unsafe conditions.
(c) A safety analysis by a qualified professional must accompany any special
permit or site plan application, renewal thereof or modification, for the
purpose of certifying that general public electromagnetic radiation exposure
does not exceed standards set by the FCC or any permit granted by FCC.
(d) The municipality, at the expense of the applicant, may employ its own
consultants to examine the application and related documentation. In
addition, the applicant shall reimburse the Town for the costs of the Town,
including the time of the Building and Zoning Enforcement Officer, in
reviewing the application. The consultants that the Town may retain include,
but are not limited to, professional structural and/or electrical engineers,
attorneys, and other experts reasonably required by the Town to competently
and fully evaluate any application and the resulting construction. Such
consultants may be requested, among other matters, to make
recommendations as to whether the criteria for granting the special permit
have been met, including whether the applicant's conclusions regarding need,
co -location, safety analysis, visual analysis, and structural inspection, are
valid and supported by generally accepted and reliable engineering and
technical data and standards, and whether the telecommunications facility as
constructed is in compliance with the approved plans and in accordance with
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generally accepted good engineering practices and industry standards.
(e) To assure sufficient funds are available to the Town to pay for the consultants
referred to in the preceding subparagraph, any applicant shall be required to
deposit Review Fees in escrow, in accordance with the terms of any Town of
Ithaca law, ordinance or resolution, as the same may amended from time to
time. Notwithstanding the provisions of any such law, ordinance or
resolution, the minimum initial escrow deposit for any telecommunication
facility application which anticipates construction of any type of tower shall
be $5,000 or the minimum prescribed by such law, ordinance or resolution
as in effect at the date of the application, whichever is greater.
12. Removal.
(a) At the time of submittal of the application for a special permit for a
telecommunications facility, the applicant shall submit an agreement to
remove all antennas, driveways, structures, buildings, equipment sheds,
lighting, utilities, fencing, gates, accessory equipment or structures, as well
as any tower(s) dedicated solely for use within a telecommunications facility
if such facility becomes technologically obsolete or ceases to perform its
originally intended function for more than twelve (12) consecutive months.
Upon removal of said facility, the land shall be restored to its previous
condition, including but not limited to the seeding of exposed soils.
(b) At the time of obtaining a building permit, the applicant must provide a
financial security bond for removal of the telecommunications facility and
property restoration, with the municipality as the assignee, in an amount
approved by the Planning Board, but not less than fifty thousand ($50,000)
dollars.
(c) At times of modification of the special permit, the Planning Board may adjust
the required amount of the financial security bond to adequately cover
increases in the cost of removal of the telecommunications facility and
property restoration.
13. Application. The application for a special permit for the construction of a
telecommunications facility shall include, without altering any other application
requirements set forth in this Article or elsewhere in this ordinance:
(a) A completed project application form in such detail and containing such
information as the Town Planning Board may require. .
(b) Completed Full EAF and Visual EAF.
(c) Site plan in accordance with the requirements for site plans generally, and if
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more detailed, in accordance with the site plan requirements of this section
including, without limitation
(i) The exact location including geographic coordinates of the proposed
telecommunications facility including any towers, guy wires and
anchors, if applicable;
(ii) The maximum height of the proposed facility, including all
appurtenances;
(iii) A detail of tower type, if any, including engineering drawings from
the tower manufacturer (monopole, guyed, free-standing, or other);
(iv) The location, type and intensity of any lighting on the tower;
(v) Property boundaries and names of all adjacent landowners;
(vi) Proof of the landowner's consent to the erection of the facility and
agreement to abide by the ordinance if the applicant is not the
landowner;
(vii) The location of all other structures on the property and all structures
on any adjacent property within one hundred feet of the property
lines, together with the distance ofthese structures from anyproposed
tower;
(viii) The location, nature and extent of any proposed fencing, landscaping
and screening; and
(ix) The location and nature of any proposed utility easements and access
roads or drives.
(x) Engineer's certification that the telecommunication facility and all
related components have been designed in accordance with generally
accepted good engineering practices and in accordance with generally
accepted industry standards, and if constructed in accordance with the
plans the entire facility (including the soils of the site itself) will be
safe, will be in accordance with all applicable governmental building
codes, laws and regulations and in accordance with generally
accepted good engineering practices and industry standards, including
without limitation, acceptable standards as to stability, wind and ice
loads, and bird protection.
(d) Agreement that the applicant will negotiate in good faith with any subsequent
applicant seeking to co -locate a telecommunications facility on the initial
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applicant's structures. This agreement shall commit the initial applicant and
landowner and their respective successors in interest to:
(i) Respond in a timely, comprehensive manner to a request for
information from a potential shared -use applicant.
(ii) Negotiate in good faith for shared use by third parties.
(iii) Allow shared use if an applicant agrees in writing to pay reasonable
charges for same.
(iv) Make no more than a reasonable charge for shared use, based upon
generally accepted accounting principles. The charge may include
but is not limited to a pro rata share of the cost of site selection,
planning, project administration, land costs, site design, construction
and maintenance, financing, return on equity, and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference or causing
uses on the site to emit electromagnetic radiation in excess of levels
permitted by the FCC.
(e) The agreement for removal of the facility referred to above.
(f) Copies of all documents submitted to the FCC or any other governmental
agency having jurisdiction.
(g) Any applicable application or other fees, including any deposits required by
the Town for application to the costs of any consultants retained by the Town
as provided above.
14. Miscellaneous.
(a) Any special permit or site plan permit granted hereunder shall be valid only
for the dimensions and number of structures for the telecommunications
facility contained in original application as so approved. Any subsequent
changes or modifications shall require a new application for same following
the procedures set forth in this section.
(b) In considering the application the Planning Board may, if the application is
granted, impose such reasonable conditions as either body may deem
necessary to minimize any adverse impacts of the facility or its construction,
or to assure continued compliance with the terms of this ordinance.
(c) Whenever reference is made to an engineer's certificate or report in this
section, the same shall be provided by a professional engineer licensed in the
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State of New York who is reasonably satisfactory to the Planning Board.
ARTICLE XXVII: GENERAL PROVISIONS
Section 2700 - BUILDING FLOOR AREA. No dwelling in any zone shall be erected or
altered so as to provide for less than 600 square feet of net enclosed floor area.
Section 2701- SIDE YARD ON CORNER LOT. On a corner lot in a residence zone the
yard width on the side street shall be at least one-half the required front yard for adjoining properties
on the side street, but in no event less than 10 feet. On a corner lot in any other zone, the yard depth
on both streets shall be equal to the required front yard for adjoining properties on both streets.
Section 2702 - 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 2703 - 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 above the level of the floor of the ground story or
3 feet above grade, whichever is lower.
Section 2704 - 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 four feet into any required yard.
Bays including their cornices and eaves, may extend not more than four 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 four feet into any required yard.
Section 2705 - REDUCTION OF LOT AREA. No lot shall hereafter be reduced or altered
so as to result in a lot or structure that does not meet the minimum area and yard requirements of this
ordinance. In the event a lot upon which stands a building is changed in size or shape, without an
appropriate approval or variance, so that the area and yard requirements of this ordinance are no
I onger complied with, such building shall not thereafter be occupied or -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.
Section 2706 - MORE THAN ONE BUILDING ON A LOT. Other than in a multiple
residence zone, there shall not be more than one principal building on any lot in any residential zone
(the term "residential zone" for the purposes of this section means Low Density, Lakefront, Medium
Density, High Density, and Multiple Residential Zones and Conservation Zones). When there is
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more than one principal building on a lot in any non-residential zone or in a multiple residence zone,
the space between such buildings must be at least equal to the sum of the side yards, or the sum of
the rear and the front yards, as the case may be, calculated as if each building was located on its own
individual lot in such zone.
Section 2707 - PARKING FACILITIES.
1. All zones. The following provisions apply to all zones unless there are express
provisions applicable to a specific zone set forth below or elsewhere in this
Ordinance, in which event the express provision shall govern.
(a) If permitted or existing in a zone, the following uses shall be provided with
the following off-street parking facilities:
(i) School or other educational institutions - two spaces for each class
room.
(ii) Hospital, sanitarium or nursing or convalescent home, - One space for
each two beds.
(iii) Medical clinic - Four spaces for each doctor, or for each office in
which a medically -trained person is regularly in attendance,
whichever figure is larger.
(iv) Roominv house. tourist house or bed and breakfast. - One space for
each room offered to rent.
(v) Fraternity or sororitv house or membership club - One space for each
four beds, or one space for each five members, whichever figure is
larger.
(vi) Churches or other houses of worship - One space for each four seats
or one space for each five members, whichever figure is larger.
(vii) Research and Development Facilities. - One space for each 3 00 square
feet of gross floor area or one space per employee, whichever yields
the higher number of spaces.
(viii) Multi-familv dwellings: Every building in any zone housing or
designed to house more than two families shall provide in connection
with it and on the same lot garage space or off-street parking space
for automobiles equivalent to the number of dwelling units provided
in such dwellings, plus one space for every three dwelling units.
(b) Notwithstanding any other provisions of this Ordinance, if an existing or
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proposed project permitted in any zone (including the uses set forth in
subparagraph (a) above as well as the uses referred to in various zones
referenced below) meets the following criteria, the Planning Board may
authorize the required minimum number of parking spaces to be reduced by
no more than 20%. The criteria are: that the reduction in the number of
parking spaces will not adversely affect traffic flow on the project site, will
leave adequate parking for all of the reasonably anticipated uses or
occupancies in the project, and will not otherwise adversely affect the general
welfare of the community.
(c) If the Planning Board permits a reduction in the required number of parking
spaces, the Planning Board may impose such reasonable conditions as may,
in the judgment of the Planning Board, be necessary to assure that such
reduction will meet the criteria set forth above. In any event, unless expressly
waived by the Planning Board, such reduction shall be subject to the
following additional conditions:
(i) Any space that is made available by the reduction in the required
number of parking spaces may not be used for construction of any
structures.
(ii) Any land made available by virtue of such reduction be landscaped
with grass or other vegetation approved by the Planning Board.
(iii) If, any time within five years after construction of the project is
completed (completion of construction to be the date a permanent
certificate of occupancy has been issued by the Town for the entire
project), the parking is found to be inadequate because
(A) the demand for parking spaces on the project site exceeds on
more than two occasions annually the number of parking
spaces available; or
(B) the traffic flow through the parking area creates an
undesirable or hazardous condition by reason of the reduction
of parking spaces; or
(C) there is _repeatedly undue congestion in the parking areas by
reason of the reduction of parking spaces;
then the developer or subsequent owner of the project will install
additional parking spaces up to the minimum number that would have
been otherwise required by the terms of this Ordinance without
granting any reduction. Unless waived by the Planning Board, the
granting of the requested reduction in parking shall be conditioned on
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the developer or applicant executing an agreement in form acceptable
to the Planning Board and acceptable for recording in the Tompkins
County Clerk's Office agreeing to install the additional parking spaces
as may be required by the above conditions.
(iv) In the event there is (whether before or after the five year period set
forth above) any significant change in use, or a subdivision of the
project site, or a sale of a portion of the site, with respect to which a
reduction in the required number of parking spaces has been granted,
such change, subdivision, or sale may be conditioned upon a
requirement that additional parking spaces be required up to the
minimum that would have otherwise been required but for the
reduction granted pursuant to these provisions.
(d) Parking spaces shall be surfaced with black -top, compacted gravel, or other
dust -free material, and must be graded so as to drain properly.
(e) The Planning Board, in conducting site plan reviews, is authorized, for good
cause shown and providing there is no adverse effects on the project, on the
surrounding properties, or on the neighborhood, to allow a reduction of the
standard size of a parking space to less than the otherwise required 180
square feet, exclusive of circulation and turning areas.
2. All zones except Mobile Home Park Zones:
(a) If permitted or existing in a zone, the following uses shall be provided with
the following off-street parking facilities:
(i) One and Two Familv Dwellings - Two garage or off-street parking
spaces for each dwelling unit. No parking shall be located more than
200 feet from the dwelling unit it is intended to serve.
Notwithstanding any other provision herein, off-street parking spaces
outside of garages maybe located in any required front yard provided
that no more than 15% of any required front yard is so occupied.
(ii) Buildings with more than two dwelling units - One garage or lot
parking space shall be provided for each dwelling unit, plus one
additional lot space for every three dwelling units. No parking shall
be located farther than 200 feet from the dwelling unit it is intended
to serve.
(iii) Anv of the uses specifically enumerated below in Commercial Zones:
The same number of spaces as are required in a Commercial Zone.
(b) Unless authorized by the Planning Board during site plan review processes,
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or by the Board of Appeals as a variance, no parking is permitted in any
required front, side or rear yard.
(c) The Planning Board is authorized to permit parking in a required front, side
or rear yard in course of considering site plan approval, provided the Planning
Board finds:
(i) That the particular use, nature, or location of the proposed project or
building, requires that parking be in one of such yards;
(ii) It is not practicable to limit parking to areas outside the required
yards;
(iii) Parking in such yards does not significantly adversely affect adjacent
properties or the character of the neighborhood; and
(iv) No such parking will occur in any buffer areas.
(d) In conducting any required site plan review, if the Planning Board finds,
utilizing the site plan criteria set forth elsewhere in this Ordinance, that the
particular use, nature, or location of the project under review, or other
circumstances, require that parking be to the rear of the principal building on
the site to mitigate or avoid adverse effects on the project, on adjacent
properties, or on the neighborhood generally, the Planning Board shall have
the authority to require the parking to be so located.
Agricultural Zones:
(a) Agricultural activities other than set forth below.: A minimum of one parking
space shall be provided for every two (2) employees or, in the case of uses
authorized by special permit only, one space for each 2500 square feet of
interior floor area, excluding basements used for storage, whichever results
in the larger number of required spaces.
(b) Dwelling units: As set forth above in paragraph 2 entitled "All zones except
Mobile Home Park Zones."
(c) Retail sales or road side stands: one space for each 200 square feet of
enclosed floor area.
4. Mobile Dome Park Zones.
(a) Dwelling units: 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
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intended to serve. Parking spaces and access to same shall be paved with
asphalt, concrete, or other solid material.
(b) Anv of the uses referred to above in paragraph 1 entitled "All zones": The
number of spaces required by the terms of paragraph 1 entitled "All zones."
(c) Anv of the uses svecifically enumerated below in Paragraph 5 entitled
"Commercial Zones": The same number of spaces as are required by the
terms of paragraph 5 entitled "Commercial Zones."
5. Commercial Zones. Parking requirements shall be as follows:
(a) Commercial buildings: 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:
(i) Office or bank building: one space for each 200 square feet of office
or bank floor area.
(ii) Auditorium, stadium, theater. or other place of public assembly:
Funeral home or mortuarv: or restaurant: one space for each 5 seats.
(iii) Bowling allev: three spaces for each lane.
(iv) 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.
(v) Hotel. motel: one space for each guest room, which space must be
available at night.
(vi) Skating rink and dance hall: parking spaces equal in number to 20
per cent of the maximum capacity of the facility (maximum number
of persons) authorized for fire protection purposes.
Light Industrial Zones. Light Industrial Buildings: A minimum of one parking
space shall be provided for every two (2) employees or one space for each 1200
square feet of interior floor area, excluding basements used for storage, whichever
results in the larger number of required spaces, except in the case of the following
uses for which off-street parking shall be provided as follows:
(a) Office building: one space for each 200 square feet of office floor area.
(b) Warehouse: one space for each two employees or one space for each 2500
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square feet of interior space, whichever is greater.
Industrial Zones. Industrial Buildings: A minimum of one parking space shall be
provided for every two (2) employees or one space for each 1200 square feet of
interior floor area, excluding basements used for storage, whichever results in the
larger number of required spaces, except in the case of the following use for which
off-street parking shall be provided as follows:
(a) Office building: one space for each 200 square feet of office floor area.
(b) Warehouse: one space for each two employees or one space for each 2500
square feet of interior space, whichever requires the greater number of
parking spaces.
Section 2708 - APPROVAL OF COUNTY HEALTH DEPARTMENT. No building
permit, special permit, special approval, or certificate of occupancy issued under the terms of this
ordinance shall become or remain valid unless the holder thereof complied with rules and regulations
of the Tompkins County Health Department under the terms of the Tompkins County Sanitary Code.
Where minimum lot sizes are specified in this ordinance, the same shall be subject to the approval
of the Tompkins County Health Department or any successor agency, and if such Department or
successor requires larger lots to comply with the County Sanitary Code or any other local, county,
state or federal law, rule or regulation, the requirements of such Department or successor shall
govern.
Section 2709 - ABANDONED CELLAR HOLES AND BUILDINGS. Within one year
after work on any excavation for abuilding has begun, any excavation for a building shall be covered
over or refilled by the owner to the normal grade. Any building substantially destroyed by any cause
shall be rebuilt or demolished within one year. Any excavation or cellar holes remaining after the
demolition or destruction of a building from any cause shall be covered over or filled by the owner
within one year.
Section 2710 - AGRICULTURAL LANDS IN COUNTY AGRICULTURAL
DISTRICTS. Notwithstanding any other provisions of this Ordinance, mobile homes may be
located in any zone on or adjacent to lands used in agricultural production located in an Agricultural
District created pursuant to Agriculture and Markets Law Section 303 or any replacement or
successor statute (such homes being sometimes hereafter referred to as "farm labor homes" and such
districts sometimes being referred to as a "County Agricultural District") subject to the following:
Such mobile home shall be physically located within a County Agricultural District.
2. If more than one mobile home is to be located on a farm, no building permit shall be
issued for such second or additional mobile home unless the proposed mobile home
is shown on, and located in accordance with, a site plan approved pursuant to the
provisions of Article XXIII.
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3. Such mobile home shall only be used in connection with the operation of a farm and
shall be leased to, or occupied by, only persons who are, or families at least one
member of which is, employed by the farm operator operating the lands on which the
mobile home is located.
4. In conducting the site plan review, in addition to any other authority granted the
Planning Board by the Ordinance, the Board is authorized to reduce the minimum lot
size from that otherwise required by the terms of the Ordinance to the minimum
permitted by the Tompkins County Health Department, if on -site septic systems are
to be used, or 15,000 square feet, whichever is larger.
The farm labor home shall be subj ect to the same residential set -back and other yard
requirements of the zone in which the same is located.
6. The provisions prohibiting more than one principal building on a lot are waived for
farm labor homes in a County Agricultural District.
7. Such mobile home shall be removed ifnot utilized for housing farm laborers for three
or more successive years, or if the property on which the mobile home is located
ceases to be a farm operation for a period of three or more years.
Any site plan approval granted under this section shall be for a period requested by
the applicant, but in no event longer than five years, provided that the same shall be
renewed for additional periods of up to five years each upon application of the farm
operator if the conditions relating to the granting of the initial site plan approval still
exist.
For the purpose of this section, the term "land used in agricultural production" shall
have the same meaning as set forth in Agriculture and Markets Law Section 301 (4)
or any replacement or successor statute.
ARTICLE XXVIII: ADMINISTRATION
Section 2800 - ENFORCEMENT. This ordinance shall be enforced by the Director of
Building and Zoning or any other person designated by the Town Board, and duly appointed
deputies, all herein collectively referred to from time to time as the Code Enforcement Officer.
Section 2801- 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 2802 - 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
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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 Code Enforcement Officer, except that no building permit shall be required for:
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;
(e) Do not include the installation of solid fuel burning heating appliances and
associated chimneys and flues; and
(f) In the case of buildings that are subject to site plan approval procedures, do
not materially alter the exterior appearance of the building.
2. An accessory building in an agricultural or residential district, provided that such
building:
(a) Costs less than $3,000.00;
(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.
Parking spaces in Lakefront Residential Zones, Low, Medium, and High Density
Residential Zones, _M_obile Home Park Zones, Conservation Zones and Agricultural
Zones provided that such parking spaces cost less than $10,000.00.
This waiver of the permit to build requirement for alterations, accessory buildings, and parking
spaces shall in no case relieve the property owner from compliance with other provisions of this
ordinance or of the New York State Uniform Fire Prevention and Building Code, or any successor
ordinances or statutes.
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No permit to build shall be issued except pursuant to written order of the Board of Appeals, where
the proposed construction, alteration, or use would be in violation of any provision of this Ordinance.
No such permit shall be issued, except pursuant to written order of the appropriate authority granting
variances where the proposed construction, alteration, or use would be in violation of any provision
of the New York State Uniform Fire Prevention and Building Code or any successor statute.
Every application for a building permit shall state in writing the intended use of the building and
shall be accompanied by a plot plan with all dimensions shown indicating the size and shape of the
lot and buildings.
Every such application for a building permit shall also contain additional information such as the
intended number of occupants, the number of rooms, statement as to whether any portion will be
occupied by the owner or will be leased, and such application shall be accompanied by an interior
plan showing number and layout of rooms, and such application and such plan shall contain such
additional information as may be reasonably required by the Code Enforcement Officer or as may
be required from time to time by the Town Board.
Every application for a building permit shall be accompanied by a fee computed in accordance with
the most recent local law, ordinance, or resolution adopted by the Town Board establishing such
fees, including, without limitation, the local law regarding same adopted on or about December 12,
1994, to be effective January 1, 1995, as the same may have been subsequently amended.
Unless there has been substantial progress in the work for which a building permit was issued, said
building permit shall expire one year from the date of issue.
Section 2803 - 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 other Ordinance or Local Law o f the Town of Ithaca or under the New York State Uniform
Fire Prevention and Building Code or any successor statute. Further, a Certificate of Occupancy
shall be required for all buildings which are converted from one general occupancy classification to
another and such classifications are defined in part 701 of Title 9 of the Official Compilation of
Codes, Rules and Regulations of the State of New York, or any successor rules or regulations. The
issuance of building permits and Certificates of Occupancy shall be governed, in addition to the
requirements of this Ordinance, by the requirements ofthe 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 the fee
established in the most recent local law, ordinance, or resolution adopted by the Town Board
establishing such fee, including, without limitation, the local law regarding same adopted on or about
December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently
amended.
Section 2804 - ZONING BOARD OF APPEALS. There is hereby established a Zoning
Board of Appeals which shall function in.the manner prescribed by law (except as the same may be
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superseded by the terms of this Ordinance as set forth below).
(a) There shall be five members of the Zoning Board of Appeals. The members
of the Zoning 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 occurring in said Board by expiration of term or otherwise shall
be filled in the same manner. No person who is a member of the Town Board
shall be eligible for membership on the Zoning Board of Appeals.
(b) There may be appointed additionally up to two alternate members of the
Zoning Board of Appeals, either of which alternate may substitute for a
regular member of the Board in the event such regular member is unable to
serve because of a conflict of interest, illness, extended (longer than one
month) absence from the Town, or is otherwise disqualified. Alternate
members shall be appointed by resolution of the Town Board for terms
established by the Town Board. The chairperson of the Zoning Board of
Appeals may designate an alternate member to substitute for a regular
member in the event a regular member is unable to participate because of any
reason enumerated above. To the extent this provision is inconsistent with
Town Law Section 267 (11) it is intended to supersede such section, in
accordance with Municipal Home Rule Law Section 101(ii) d (3). All other
rights, responsibilities and procedures related to alternate members set forth
in said Section 267 shall apply.
2. The Town Board shall designate the Chairperson of the Board of Zoning Appeals.
The Board of Zoning Appeals shall choose its own Vice -Chairperson who shall
preside in the absence of the Chairperson. In the absence of both the chairperson and
vice -chairperson, the Zoning Board of Appeals shall choose one of its number as
acting chairperson. Such chairperson, or the party acting as chairperson in the
chairperson's absence, may administer oaths and compel the attendance ofwitnesses.
The Zoning Board of Appeals may appoint a secretary who shall take minutes of all
its meetings and keep its records.
3. The Zoning 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 Zoning Board of Appeals.
The Zoning Board of Appeals shall, in accordance with the provisions of this
Ordinance and in accordance with the provisions of Town Law Sections 267 et. seq.
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
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decision of said person where such order or decision is based upon the requirements
of this ordinance.
6. The Zoning Board of Appeals, on appeal from the decision or determination of the
Code Enforcement Officer, shall have the power to grant use and area variances (as
the same are defined in Town Law Section 267). In doing so, in addition to any other
requirements set forth in this Ordinance, the Zoning Board of Appeals, in
determining whether to grant a use or an area variance shall consider all of the
matters set forth in Town Law Section 267-b including specifically the considerations
set forth in Section 267-b 2 and 3 or any successor statute.
The Zoning 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 Zoning Board of Appeals shall follow the procedures and apply the criteria set
forth in the article of this Ordinance entitled Special Permits and Special Approvals.
At the option of the Zoning Board of Appeals, it may refer a matter to the Planning
Board for a recommendation before taking action. Such referral shall not extend the
time within which the Zoning Board of Appeals, by law, must act. Failure of the
Planning Board to timely respond to such a referral shall not preclude action by the
Zoning Board of Appeals nor otherwise affect the validity of any actions taken by the
Zoning Board of Appeals.
9. In granting variances or special approvals the Board may impose upon the applicant
such reasonable conditions as are directly related to and incidental to the proposed
use of the property or the period of time such variance or special approval shall be
in effect. Such conditions shall be consistent with the spirit and intent of the zoning
ordinance or local law, and shall be imposed for the purpose of minimizing any
adverse impact such variance or approval may have on the neighborhood or
community.
10. Unless work has commenced in accordance with the variance or special approval
given by the Zoning 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 2805 -PLANNING BOARD. There is hereby established a Planning Board which
shall function in the manner prescribed by law (except as the same may be superseded by the terms
of this Ordinance as set forth below).
(a) There shall be seven members of the Planning Board. The members of the
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Planning Board 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 occurring in said Board by expiration of term or otherwise shall
be filled in the same manner. No person who is a member of the Town Board
shall be eligible for membership on the Planning Board. To the extent
reasonably possible, and in the sole discretion of the Town Board, one or
more of the members may be an Agricultural Member as defined in Section
271 of the Town Law.
(b) There may be appointed additionally up to two alternate members of the
Planning Board, either of which alternate may substitute for a regular member
of the Board in the event such regular member is unable to serve because of
a conflict of interest, illness, extended (longer than one month) absence from
the Town, or is otherwise disqualified. Alternate members shall be appointed
by resolution of the Town Board for terms established by the Town Board.
The chairperson of the Planning Board may designate an alternate member
to substitute for a regular member in the event a regular member is unable to
participate because of any reason enumerated above. To the extent this
provision is inconsistent with Town Law Section 271 (15) it is intended to
supersede such section, in accordance with Municipal Home Rule Law
Section 10 1 (ii) d (3). All other rights, responsibilities and procedures
related to alternate members set forth in said Section 271 shall apply.
2. The Town Board shall designate the chairperson of the Planning Board. The
Planning Board shall choose its own vice -chairperson who shall preside in the
absence of the Chairperson. In the absence of both the chairperson and vice -
chairperson, the Planning Board shall choose one of its number as acting chairperson.
Such chairperson, or the party acting as chairperson in the chairperson's absence, may
administer oaths and compel the attendance of witnesses. The Planning Board may
appoint a secretary who shall take minutes of all its meetings and keep its records.
3. The Planning Board 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. The Planning Board shall, in accordance with the provisions of this Ordinance and
in accordance with the provisions of Town Law Sections 271 et. seq. hear and
determine site plan approval requests, special permit requests, subdivision
applications, and such other matters as may be referred to such Board under this
Ordinance or otherwise.
5. The Planning Board, in making any determination shall have the powers granted to
Planning Boards by, and shall apply the procedures and criteria set forth in, this
Ordinance, the laws of the State of New York, and any other law, ordinance, or
resolution duly adopted at any time by the Town Board or Planning Board.
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6. In granting site plan approvals, special permits, subdivision approvals, or in taking
any other actions in response to any application, the Board may impose upon the
applicant such reasonable conditions as are directly related to and incidental to the
proposed use of the property or the period of time such special permit or other
approval shall be in effect. Such conditions shall be consistent with the spirit and
intent of the zoning ordinance or local law, and shall be imposed for the purpose of
minimizing any adverse impact such permit or approval may have on the
neighborhood or community.
7. Unless work has commenced in accordance with the site plan approval or special
permit given by the Planning Board within one year from the issuance of the building
permit authorizing such work, or within eighteen months of the granting of such
approval or special permit, whichever is earlier, not only the building permit but the
approval or special permit shall expire and the permissible uses and construction on
the property shall revert to those in effect prior to the issuance of such approval or
special permit.
8. In making recommendations to the Town Board and the Zoning Board of Appeals,
the Planning Board shall determine that:
(a) There is a need for the proposed use in the proposed location.
(b) The existing and probable future character of the neighborhood in which the
use is to be located will not be adversely affected.
(c) The proposed change or use is in accordance with a comprehensive plan of
development of the Town.
Section 2806 - POSTING OF NOTICES. In addition to any other notice required by law,
a public notice shall be posted by the applicant on the property that is the subject of certain
applications as set forth in this section.
The sign shall be so posted in the following circumstances:
(a) If a variance, special approval, or determination is being sought from the
Zoning Board of Appeals, the notice shall be posted before the initial Zoning
Board of Appeals public hearing on the matter.
(b) If a subdivision approval, a site plan approval, or special permit is being
sought from the Planning Board, the notice shall be posted before the first
Planning Board public hearing on the application.
(c) If a determination is being sought which requires affirmative action by both
the Zoning Board of Appeals and the Planning Board, the notice shall be
posted before the first public hearing before either Board occurs.
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(d) If the application is for rezoning of a parcel or parcels of land in conjunction
with a proposed development on same a notice shall be posted and it shall be
posted prior to the initial Planning Board hearing on the proposed rezoning.
If the rezoning is a rezoning generally of the neighborhood independent of a
particular application for a particular project, or is a rezoning of an area of
more than 300 acres, there shall be no posting requirement unless the Town
Board directs such posting. In such event the Town Board may designate the
location and frequency of such posting, which may be different than
otherwise required hereunder.
The posting shall occur at least 14 and not more than 30 days before the first meeting
of the Board at which the matter is to be heard as set forth above.
3. The sign shall be posted in a location clearly visible from the roadway at or near the
center of each of the property lines of the property under consideration which
property line fronts on an existing public or private roadway. If the road frontage
exceeds 1,000 feet, signs shall be posted at 500 foot intervals along the frontage.
When the Town Planner or Town Building Inspector and Zoning Enforcement
Officer finds that the particular circumstances of an application warrants more signs
than required by this provision, the applicant shall post such additional signs as may
be directed by either of such officers.
4. Such signs shall be continuously maintained by the applicant and displayed facing
the roadway until final action has been taken by the Board involved approving or
denying the application or appeal, or until the application is withdrawn. Signs shall
be removed within 15 days of the final action or withdrawal of the application.
The required signs shall be obtained from the Town Planner, Town Building
Inspector and Zoning Enforcement Officer, or Town Clerk and shall contain the
information set forth on the form of sign supplied by the Town. There shall be no fee
for the first sign. If additional signs are required the applicant shall pay a non-
refundable fee for each subsequent sign or replacements thereof. The fee shall be
$3.00 per sign.
Failure to post or maintain the signs as provided in this section shall not be a
jurisdictional defect and any action taken by any Board in connection with the
application shall not be nullified or voidable by reason of the failure to comply with
this section. However, the failure to post or maintain the sign may be grounds,
should the Board involved in its discretion so determine, to deny the application
sought or to decline to hear the matter at the scheduled meeting date by reason of the
failure to have the appropriate signs installed and/or maintained. The appropriate.
Board may, on good cause shown, waive the requirement of the posting of signs as
called for by this section.
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Section 2807 - ENTRY AND INSPECTION. The Code Enforcement Officer shall have
the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any
building or property, for the purpose of carrying out the provisions ofthis Ordinance after reasonable
written notice of intent to examine or inspect has been provided to a property owner, and permission
of the owner has been granted. If such permission is denied, access shall be pursued by the Attorney
for the Town, who shall be notified by the Code Enforcement Officer of such denial. Pending the
granting of such access or inspection, no further permits, certificates of occupancy or other approvals
shall be granted by the Code Enforcement Officer or any other agency or board of the Town.
Section 2808 - VIOLATIONS AND PENALTIES. Pursuant to Section 268 of the Town
Law any person, firm, corporation or other entity violating any provision of this Ordinance shall be
deemed guilty of an offense and upon conviction thereof shall be subj ect 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 the Planning Board or the Zoning
Board of Appeals may refuse a special permit, special approval, preliminary or final site plan
approval to an applicant as long as the applicant, or any person or entity under the control of or
controlled by the applicant, 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 granted special permit,
special approval, or final site plan approval in the Town of Ithaca.
Section 2809 - AMENDMENTS. This ordinance may be amended as provided by law.
Section 2810 - VALIDITY. The invalidity of any section or provision of this ordinance
shall not invalidate any other section or provision thereof.
. Section 2811 - EXISTING ZONING ORDINANCE AMENDED, RE -ADOPTED AND
RE-ENACTED. The existing Zoning Ordinance of the Town of Ithaca, New York, as amended,
adopted October 25, 1954, is hereby re-enacted, re -adopted and amended to read as set forth in this
Ordinance, except as expressly provided otherwise in this Ordinance. This re -adoption and re-
enactment and the adoption of any amendment shall not affect any pending, or prevent any future
prosecution of any, action to abate any violation existing at the time this Ordinance is 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.
Section 2812 - FEES. The fees, escrow deposits, review costs, public hearing fees and
inspection fees for subdivision, variance, site plan and other similar applications and approvals, and
for building permits, Use Permits, Operating Permits and any other similar permit, shall be as set
forth in the most recent local law, ordinance, or resolution adopted by the Town Board establishing
such fees, deposits and costs including, without limitation, the local law regarding same adopted on
or about December 12, 1994, to be effective January 1, 1995, as the same may have been
subsequently amended, together with the related schedule of application and review fees contained
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therein.
Section 2813 - WHEN EFFECTIVE. This revised and restated ordinance shall become
effective April 1, 2004, herein referred to as the "Effective Date".
Section 2814 - TRANSITION PROVISIONS.
This revised, restated and amended Ordinance shall apply to all applications for
building permits, site plan approvals, subdivision approvals, special approvals,
special permits, or any other approval or authorization hereunder, submitted on or
after the Effective Date.
2. If a completed application is submitted prior to the Effective Date and if such
application is diligently prosecuted to conclusion, the application shall be governed
by the provisions of the zoning ordinance in effect immediately prior to the Effective
Date, unless the applicant elects by written notice accompanying the application or
delivered within a reasonable time after submission of the application to be governed
by the provisions of this revised, restated and amended ordinance as in effect on and
after the Effective Date. For the purposes of this section only, an application shall
be deemed "completed" if it contains all required information, materials, and fees
normally and reasonably required by the appropriate Town official(s) (e.g. Director
of Planning with respect to subdivision, special permit, rezoning, planned
development area, and site plan approval applications, the Director of Building and
Zoning with respect to building permit, variance, and special approval applications,
and the Director of Engineering with respect to fill permit applications) including
initial SEQR forms, to commence the review process by the appropriate Town
official or board. An application shall be deemed "diligently prosecuted to
conclusion" if the applicant promptly responds to any inquiries and promptly supplies
any additional information reasonably required by the reviewing Town officials
and/or boards, appears at all required scheduled public hearings, and otherwise
cooperates so as to permit and enable the appropriate Town officials and/or boards
to adequately and completely review the application and render a decision on same
within a reasonable period of time of its submission, and in any event within nine
months of its submission.
The Town Board may, with respect to a specific application, if an applicant
demonstrates
(a) severe, adverse economic impact will result to the applicant if the revised,
restated ordinance is applied to the applicant's application because of a
substantial expenditure of funds by the applicant prior to the adoption of the
revised, restated ordinance and in reliance upon the provisions of the
ordinance in effect prior to the Effective Date; or
(b) delay in rendering a decision by the applicable official or board is due to the
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failure of such official or board to act within a reasonable period of time and
not due to any failure or default by the applicant;
extend byno more than four additional months the privilege ofhaving the application
be governed by the provisions of the zoning ordinance in effect prior to the Effective
Date, or extend by no more than four additional months the nine month period
within which diligent prosecution of the application must be completed to obtain the
benefit of utilizing the pre -Effective Date ordinance provisions. An application for
extension under this subsection must be made prior to, or within 30 days after, the
end of any applicable period by written request to the Town Clerk or Town
Supervisor setting forth the requested relief and the grounds for same.
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