HomeMy WebLinkAbout2003 Zoning Ordinance Part IIINewzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
(a) The lot on which such accessory building is located is at least two acres in
size unless the Zoning Board of Appeals requires a larger lot in order to
prevent adverse effects on the adjacent or surrounding neighbors, in which
event the lot size shall be the minimum reasonably established by such
Board; and
(b) No such accessory building shall be nearer than 30 feet to any lot line of any
adjoining owner; and
(c) There shall be no raising of fur -bearing animals, or kennels for more than 3
dogs over 6 months old.
Section 905 - HEIGHT LIMITATIONS. In Medium Density Residential Zones, no
building shall be erected, altered, or extended to exceed thirty-eight (38) feet in height from the
lowest interior grade or thirty-six (36) feet in height from the lowest exterior grade, whichever is
lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30)
feet in height. Accessory buildings shall in no case exceed 15 feet in height.
Section 906 - YARD REGULATIONS. In Medium Density Residential Zones yards of at
least the following dimensions are required:
1. Front Yard - not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 25 feet
or need it be greater than 50 feet.
2. Rear Yard - not less than 30 feet in depth.
Side Yards - each not less than 15 feet in width, except that in one of the side yards
a one-story garage, either attached to the principal building or separate therefrom,
may be 10 feet from a side line which is not a street line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings - In Medium Density Residential Zones accessory buildings
other than garages may not occupy any open space other than a rear yard. Accessory
buildings, in the aggregate, may occupy not more than 40 per cent of any required
rear yard and, if other than a garage, shall be not less than 3 feet from any side or rear
lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two
separate lots may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners provided that there is at least one
garage bay on each lot. Any accessory building on a corner lot shall not be less than
5 feet from the rear lot line. Where the average natural slope of a lot exceeds 8 per
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cent rise or fall directly from the street line, a private garage not over one story in
height and housing not in excess of 2 cars maybe located in the front or side yard not
less than 5 feet from said street line upon receiving a special approval from the Board
of Appeals.
Section 907 - BUILDING AREA. The maximum building area shall not exceed twenty
percent of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage.
Section 908 - SIZE AND AREA OF LOT. Lots in Medium Density Residential Zones
shall meet the following minimum requirements:
1. Minimum lot area shall be at least fifteen thousand (15,000) square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 100 feet; and
4. Minimum depth from the highway right of way shall be 150 feet.
Section 909 - SPECIAL PROPERTIES. In the case of publicly owned properties,
properties of universities, colleges, cemeteries, or other private institutions, located in Medium
Density Residential Zones, which comprise at least 6 acres in area and are traversed by interior roads
or driveways, the front, side, and rear yard requirements set forth above shall apply only along the
exterior public street frontages and boundaries with adjacent properties.
Section 910 - PARKING. Parking requirements shall be as set forth in Article XXVII.
ARTICLE X: HIGH DENSITY RESIDENTIAL ZONES
Section 1000 - PURPOSE. The purpose of the High Density Residential Zone is to maintain
the residential character of certain areas of the Town, to provide a buffer or transition from the less
dense residential areas of the Town to areas where multiple residences or commercial activities may
be permitted, to provide for more affordable housing, and to encourage more intense development
where there is infrastructure already in place to support such development.
Section 1001- PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted as a matter of right in a High Density Residential Zone:
A one -family dwelling to be occupied by no more than
(a) One family, or
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(b) One family plus no more than one boarder, roomer, lodger, or other occupant.
2. A two-family dwelling provided that
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 50% of the floor
area excluding the basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the basement area, it may
exceed 50%.
3. Publicly owned park or playground including accessory buildings and improvements.
4. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subj ect to the same set-
back requirements as apply to residences in the district in which the substations or
similar structures are constructed.
5. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 1002 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a High Density Residential Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
Church or other places of worship, convent and parish house.
2. Cemetery and the buildings and structures incident thereto.
3. Public library, public museum, public, parochial and private schools, daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
Golf course, driving range or miniature golf course.
6. Clinic and nursing or convalescent home, provided that no building so used shall be
within 100 feet from any street or within 150 feet of the lot line of any adjoining
owner.
7. Clubhouse or lodge, provided that no building so used shall be within 100 feet from
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any street or within 150 feet of the lot line of any adjoining owner.
Bed and breakfast facilities providing no more than two bedrooms for transients,
unless the size of the lot on which the facility is located is at least 30,000 square feet,
in which event up to four bedrooms may be used for transients.
Adult care facility.
10. Child day care center.
Section 1003 - PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in a High Density Residential Zone: .
Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article, but subject to provisions of Section
2707 of this Ordinance.
2. Where the principal use is as a one or two family dwelling, private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
the occupants of the dwelling.
3. Up to three accessory buildings other than a garage, all such accessory buildings in
the aggregate not to exceed a total of 600 square feet in size unless the lot is three
acres or larger, in which event the aggregate area of the accessory building may not
exceed 2,000 square feet.
4. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be
continued for more than one year except upon receipt of a special approval from the
Board of Appeals.
The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g. outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
6. Signs, as regulated by the Town of Ithaca Sign Law.
Section 1004 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a High Density
Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance.
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2. Home occupation.
Section 1005 - HEIGHT LIMITATIONS. In High Density Residential Zones, no building
shall be erected, altered, or extended to exceed thirty-eight (3 8) feet in height from the lowest interior
grade or thirty-six (36) feet in height from the lowest exterior grade, whichever is lower. No structure
other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height.
Accessory buildings shall in no case exceed 15 feet in height.
Section 1006 - YARD REGULATIONS. In High Density Residential Zones yards of at
least the following dimensions are required:
Front Yard - not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 25 feet
or need it be greater than 50 feet.
2. Rear Yard - not less than 30 feet in depth.
3. Side Yards - each not less than 10 feet in width, except that in one of the side yards
a one-story garage, either attached to the principal building or separate therefrom,
may be 7 feet from a side line which is not a street line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings - In High Density Residential Zones accessory buildings other
than garages may not occupy any open space other than a rear yard. Accessory
buildings, in the aggregate, may occupy not more than 40 per cent of any required
rear yard and, if other than a garage, shall be not less than 3 feet from any side or rear
lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two
separate lots may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners provided that there is at least one
garage bay on each lot. Any accessory building on a corner lot shall not be less than
5 feet from the rear lot line. Where the average natural slope of a lot exceeds 8 per
cent rise or fall directly from the street line, a private garage not over one story in
height and housing not in excess of 2 cars maybe located in the front or side yard not
less than 5 feet from said street line upon receiving a special approval from the Board
of Appeals.
Section 1007 - BUILDING AREA. The maximum building area shall not exceed twenty-
five percent of the lot area. Projections described in Section 2704 are not to be included in
computing the percentage.
Section 1008 - SIZE AND AREA OF LOT. Lots in High Density Residential Zones shall
meet the following minimum requirements:
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Minimum lot area shall be at least nine thousand (9,000) square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 75 feet; and
4. Minimum depth from the highway right of way shall be 120 feet.
Section 1009 - SPECIAL PROPERTIES. In the case of publicly owned properties,
properties of universities, colleges, cemeteries, or other private institutions, located in High Density
Residential Zones, which comprise at least 6 acres in area and are traversed by interior roads or
driveways, the front, side, and rear yard requirements set forth above shall apply only along the
exterior public street frontages and boundaries with adjacent properties.
Section 1010 - PARKING. Parking requirements shall be as set forth in Article XXVI1.
ARTICLE XI: MOBILE HOME PARK ZONES
Section 1100 - PURPOSE. The purpose of the Mobile Home Park Zone is to provide an
area in which concentrated development utilizing mobile homes may occur to encourage alternative
and less costly housing accommodations in the Town.
Section 1101 - MINIMUM AREA. A minimum tract of at least five acres is required for
a Mobile Home Park.
Section 1102 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted as a matter of right in a Mobile Home Park Zone:
Mobile homes, each to be occupied by not more than
(a) one family, or
(b) one familyplus no more than two boarders, roomers, lodgers, or other
occupants.
Z. Not more than one one -family dweiiirig (other than a rno'oiie home} to be occupied
by no more than one family.
3. Publicly owned park orplayground including accessory buildings and improvements.
4. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the same set-
back requirements as apply to residences in the zone in which the substations or
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similar structures are constructed.
5. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 1103 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Mobile Home Park Zone, but only upon receipt of a special permit
for same from the Planning Board in accordance with the procedures set forth in this Ordinance:
Child day care center
Section 1104 - PERMITTED ACCESSORY USES. The following accessory buildings
or uses are permitted as of right in a Mobile Home Park Zone:
1. Automobile parking and garages, subject to the further requirements of this Article.
2. Structures and open land for recreation, intended for use by the residents of the
Mobile Home Park.
3. Such areas and structures as may be necessary for housekeeping activities, such as
a common laundry or garden plots. The use of any such area or structure may be
limited to residents of the Mobile Home Park.
4. Storage buildings for storage of belongings of the residents of the Mobile Home
Park.
Maintenance buildings, storage buildings, and one central office building, all of
which must be utilized solely in connection with the operation of the Mobile Home
Park.
6. Community building for use by the residents of the Mobile Home Park and their
guests.
7. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g. outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special "approval of the Board of Zoning Appeals.
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Mobile Home
Park Zone, but only upon receipt of a special approval for same from the Board of Appeals in
accordance with the procedures set forth in this Ordinance:
Home occupation.
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Section 1106 - HEIGHT LIMITATIONS. In Mobile Home Park Zones the following
height restrictions shall apply:
No mobile home or one -family dwelling shall be erected, altered, or extended to
exceed thirty-eight (38) feet in height from the lowest interior grade or thirty-six (36)
feet in height from the lowest exterior grade, whichever is lower.
2. No other building shall be erected, altered, or extended to exceed fifteen (15) feet in
height from the lowest exterior grade.
No structure other than a building shall be erected, altered, or extended to exceed
thirty (30) feet in height from the lowest exterior grade.
Section 1107 - YARD REGULATIONS. In Mobile Home Park Zones the following yard
regulations shall apply:
1. Mobile homes shall have the following minimum yard sizes:
(a) Front Yard - if on a public road, not less twenty feet in depth from the
highway right of way line; if on an interior private road at least twenty feet
in depth from the edge of such road if paved, and if not paved, at least
twenty-five feet from the edge of the traveled way.
(b) Rear Yard - not less than ten feet in depth.
(c) Side Yards - each not less than ten feet in width.
2. A one -family dwelling and accessory buildings related to the one -family dwelling,
shall be subject to the minimum yard sizes set forth in the High Density Residential
Zone unless adjacent to a mobile home, in which event the size of the yard adjacent
to the mobile home shall be reduced to the minimum yard size required for a mobile
home above.
In Mobile Home Park Zones accessory buildings may occupy any open space beyond
the minimum yards set forth above.
4. Notwithstanding the foregoing, any special yard requirements for specific uses or
buildings set forth elsewhere in this Ordinance shall, if more restrictive, supersede
the above yard provisions.
Section 1108 - BUILDING AREA. The maximum building area shall not exceed forty
percent of the gross area of the mobile home park. Projections described in Section 2704 are not to
be included in computing the percentage.
Section 1109 - LOT AREA. Each mobile home lot shall have a minimum lot area of 5,000
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square feet. The arrangement of lots in the park shall facilitate the efficient development of land and
permit the convenient access of emergency vehicles.
Section 1110 - SPECIAL REQUIREMENTS. Mobile home parks shall be subject to the
following special requirements:
1. Stand Location: The location of the mobile home stand on each lot shall be
identified on the site plan.
2. Anchors: The mobile home stand shall be provided with anchors and other fixtures
capable of securing and stabilizing the mobile home. These anchors shall be placed
at least at each corner of the mobile home stand.
3. Skirting: Each mobile home owner, within thirty (30) days after the arrival of the
mobile home in the park, shall be required to enclose the bottom space between the
edge of the mobile home and the mobile home stand with a skirt of metal, wood or
other suitable material. This skirt shall be properly ventilated and securely attached
to the mobile home.
4. Parkinia: Parking requirements shall be as set forth in Article XXVII.
5. Buffer Yards: A buffer yard at least 50 feet wide shall be provided around the
perimeter of the mobile home park. No structures are permitted in the buffer yard
and the Planning Board may require that suitable landscaping be provided in order
to effectively screen the mobile home park from adjacent properties. Parking spaces
are not permitted in the buffer yards.
6. Access Drives and Walkways: Access drives shall be paved with blacktop, concrete,
or other solid material. Driveways and walkways shall provide safe access, egress,
and traffic circulation within the site. The placement, size, and arrangement of
access to public ways shall be subject to the approval of the appropriate highway
authority. Where the density of population or school bus routes make it necessary,
sidewalks and bus shelters may be required.
7. ODen Snace and Recreation Areas: The mobile home park owner shall provide
recreation areas on the premises, including but not limited to, play areas. The
Planning Board shall review and approve all such areas. Ten percent (10%) of the
gross lot area of the mobile home park, exclusive of the area reserved for buffer
yards, shall be permanently maintained as open space.
8. Storage Saace: The mobile home park owner shall provide storage space in
convenient locations for each mobile home lot. This storage space shall be contained
in an enclosed and secure structure. Several storage structures may be located in a
common building. The minimum dimensions of storage space per lot shall be eight
feet high, eight feet deep, and four feet wide.
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
9. Screening of Waste and Refuse: One or more common areas shall be provided for
the disposal of waste, refuse and recyclables. These areas shall contain secure bins
of a suitable size. These areas shall be screened from public view by shrubbery or
a fence.
10. Sims. A single sign for the mobile home park is permitted. The size and other
characteristics shall be regulated by the Town of Ithaca Sign Law.
11. ODeratin2 Permits. An operating permit shall be required for all mobile home parks.
This permit shall be renewable annually. The Building Inspector shall make periodic
inspections of the mobile home park to determine whether such park is in compliance
with the terms and conditions of the permit, the Zoning Ordinance and the site plan
approval. The fee for the operating permit shall be in accordance with the following
schedule based on the number of mobile homes then located in the mobile home
park:
1 - 4 units
5 - 9 units
10 - 24 units
25 - 49 units
50 - 100 units
over 100 units
$25.00
$50.00
$100.00
$200.00
$400.00
(No. of Units) times ($4.00)
12. Building Permits. Notwithstanding any other provision of this Ordinance of the
Building Code, a building permit shall be required for each mobile home and/or
structure to be sited or constructed.
Section 1111 SITE PLAN APPROVALS. No building permit shall be issued for a
structure in a Mobile home Park Zone unless the proposed structure is in accordance with a site plan
approved by the Planning Board and, if required, by the Tompkins County Health Department. No
subdivision of a mobile home park site plan is permitted without approval of the Town Board,
following Planning Board review. No alteration, amendment or change in a mobile home park site
plan is permitted without approval of the Planning Board.
ARTICLE XII: MULTIPLE RESIDENCE ZONES
Section 12v0 - X _&%_& ®SE. T lie putYose (if the A/Itiitipie ReSldenCe Zone IS Lope lia1L, where
appropriate, the construction and development of multiple -family residences in the Town. At the
same time, the Town does not desire the large-scale development of these units to the extent that
large areas of the Town would be devoted to such use and single-family residences would be
incompatible. Accordingly, additional areas may be zoned as a Multiple Residence Zone upon
application for a specific proposal in accordance with the normal rezoning procedures. Generally,
such re -zoning will be permitted only in areas where public water and sanitary facilities are available,
where public transportation may be readily available, and where other resources and facilities that
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complement multiple residence occupancy are found. In reaching its decision on whether to rezone
to a Multiple Residence Zone, the Town Board shall consider the general criteria set forth in this
Ordinance, the most current comprehensive or master plan for the town, and this statement of
purpose.
Section 1201- PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Multiple Residence Zone:
1. One -family dwellings, two-family dwellings and multiple- family dwellings. Each
dwelling unit in an multiple residence zone shall be occupied by no more than
(a) One family, or
(b) One family plus no more than two boarders, roomers, lodgers or other
occupants.
2. Day care homes, family day care homes and group family day care homes.
Section 1202 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in a Multiple Residence Zone:
Automobile parking and garages, subject to the further requirements of this article.
2. Structures or use of open land for recreation, intended for residents of the Multiple
Residence Zone, including swimming pools, tennis courts, and other similar
recreational facilities.
Such uses as may be necessary for housekeeping activities, such as drying yards or
structures in which laundry facilities are maintained but any such use must be limited
to residents of multiple dwellings.
4. Storage buildings for storage ofbelongings ofthe residents ofthe Multiple Residence
Zone.
5. Maintenance buildings and one central office building, all of which must be utilized
solely in connection with the operation of multiple -family dwellings in the Multiple
Residence Zone.
6. Community building for use by the residents of multiple -family dwellings in the
Multiple Residence Zone and their guests.
7. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g. outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
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Section 1203 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Multiple Residence Zone, but only upon receipt of a special permit
for same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1. Bed and Breakfast.
2. Adult care facility.
3. Child day care center.
Section 1204 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Multiple
Residence Zone, but only upon receipt of a special approval for same from the Board of Appeals in
accordance with the procedures set forth in this Ordinance:
Home occupation.
Section 1205 - MINIMUM AREA FOR MULTIPLE RESIDENCE ZONE. A minimum
tract of two (2) acres is required for the development of a Multiple Residence Zone. Such tract shall
contain a minimum of 3500 square feet of gross lot area for each dwelling unit to be constructed.
Section 1206 -HEIGHT LIMITATIONS. hi Multiple Residence Zones, no building shall
be erected, altered, or extended to exceed thirty-eight (38) feet in height from the lowest interior
grade or thirty-six (36) feet in height from the lowest exterior grade, whichever is lower.
Section 1207 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Multiple Residence Zones yards of at least the following dimensions are
required:
Front Yard - not less than 50 feet in depth.
2. Rear Yard - not less than 50 feet in depth.
3. Side Yards - none required with respect to buildings all on the same lot, but not less
than 50 feet from any structure to a side property line.
4. COiii Ls - shall be completely open on one side, with a width not less than the height
of the tallest opposite structure and a depth not more than one and one-half the
width.
Spaces Between Buildings - the distance between any two structures shall be no less
than twenty feet.
The foregoing requirements may include any required buffer areas and shall not be in
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addition to any required buffer areas.
Section 1208 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1209 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent of the lot area. For this purpose 'useable open space' shall mean
that portion of the lot area not covered by any structure (as defined in Article I) or driveway, and
generally intended to be occupied by suitable vegetation or landscaping.
Section 1210 - SIZE AND AREA OF LOT. Lots in Multiple Residence Zones shall meet
the following minimum requirements:
1. Minimum lot area shall be at least thirtythousand (30,000) square feet ifpublic sewer
facilities are available, otherwise the minimum lot area shall be at least two acres;
and
2. Minimum width at the street line shall be 100 feet; and
Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 150 feet; and
4. Minimum depth from the street line shall be 200 feet.
Section 1211 - PARKING. Parking requirements shall be as set forth in Article XXVH.
Section 1212 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
Access and Sidewalks. - Access drives shall be paved with black -top, concrete, or
other solid material. Driveways and walkways shall provide safe access, egress and
traffic circulation within the site. The placement, size and arrangement of access to
public streets shall be subject to the approval of the appropriate highway authority.
Where density of population, traffic, bus routes, or other safety issues make it
desirable, the developer or applicant for rezoning shall install sidewalks with the
approval of the appropriate highway authority.
2. Recreation - The developer or applicant shall provide recreation areas for children
on the premises, such playgrounds, parks, or other recreational facilities, in such
amount as may be necessary to protect the health, safety and general welfare of the
children and residents in the district.
3. Screening of Waste and Refuse - No waste or refuse shall be placed outside any
building in a Multiple Residence Zone except that an area common to all buildings,
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or a separate area for each building shall be reserved at the rear of the structure or
structures. This area shall contain bins, or other receptacles adequate to prevent the
scattering of waste and refuse, and shall be planted or fenced so as to be screened
from the public view. Such area and receptacles shall not be located in the buffer
area set forth above. No refuse shall be burned on the premises.
4. Buffer Areas - No structure shall be placed nearer to any other residence zone,
agricultural zone, commercial zone or industrial zone than double the maximum
distance of the side yard requirement of the adjoining zone (e.g. if the Multiple
Residence Zone adjoins a Low Density Residence Zone, and if the maximum side
yard requirement in such Low Density Zone is 40 feet (excluding the 15 foot side
yard applicable to garages, as such 15 foot distance is not the maximum side yard
requirement), no structure in the Multiple Residence Zone shall be closer than 80 feet
to such Low Density Zone). A strip at least ten feet wide within such buffer area
shall be suitably planted to screen a Multiple Residence Zone from other present or
future residences outside the Zone, or a suitable screening fence shall be erected. The
Planning Board, in reviewing the site plan, may alter or waive the vegetative
requirement along the public street side.
5. Additional Screening - In addition to the landscaping, screening, fencing and buffer
requirements set forth above, the Planning Board in the site plan review process may
require additional landscaping, fencing, screening, or earth berm to be provided in
any area where the proposed structure or use would, in the opinion of the Planning
Board, create a hazardous condition or would detract from the value of neighboring
property if such additional landscaping, fencing, screening, or berm were not
provided.
Section 1213 - STI'E PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Multiple Residence Zone unless the proposed building is in accordance with
a site plan approved pursuant to the provisions of Article XXIII. In addition to the site plan
requirements set forth such provisions, the site plan shall be subject to the following additional
requirements as authorized by Town Law Section 274-a:
1. Such site plan shall show, when required by the Planning Board a park or parks
suitably located for playground or other recreational purposes.
2. Land for park, playground or other recreational purposes shall not be required until
the Planning Board has made a finding that a proper case exists yr requiring that a
park or parks be suitably located for playgrounds or other recreational purposes
within the Town. Such finding shall include an evaluation of the present and
anticipated future needs for park and recreational facilities in the Town based on
projected population growth to which the particular site plan will contribute. Such
evaluation may also include reference to any current Parks, Recreation and Open
Space Plan existing in the Town.
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In the event the Planning Board makes a finding pursuant to paragraph (b) of this
section that the proposed site plan presents a proper case for requiring a park or parks
suitably located for playgrounds or other recreational purposes, but that a suitable
park or parks of adequate size to meet the requirement cannot be properly located on
such site plan, the Planning Board may require a sum of money in lieu thereof in an
amount to be established by the Town Board. In making such determination of
suitability, the Planning Board shall assess the size and suitability of lands shown on
the site plan which could be possible locations for park or recreational facilities, as
well as practical factors including whether there is a need for additional facilities in
the immediate neighborhood. Any monies required by the Planning Board in lieu of
land for park, playground or other recreational purposes, pursuant to the provisions
of this section, shall be deposited into a trust fund to be used by the Town exclusively
for park, playground or other recreational purposes, including the acquisition of
property.
4. Notwithstanding the foregoing, if the land included in a site plan under review is a
portion of a subdivision plat which,has been reviewed and approved pursuant to
section two hundred seventy-six of the Town Law or pursuant to the Town of Ithaca
Subdivision Regulations (as either may be amended from time to time), the Planning
Board shall credit the applicant for any land set aside or money donated in lieu
thereof under such subdivision plat approval. In the event of resubdivision of such
plat, nothing shall preclude the requiring the reservation of additional parkland or
additional money to be donated in lieu thereof.
5. If the Town Board, by resolution or local law has established the amounts, or a
formula by which amounts payable in lieu of land reservation may be determined, the
amounts payable pursuant to this section shall be as set forth in, or determined by,
such local law.
ARTICLE XIII: COMMERCIAL ZONES GENERALLY
Section 1300 - PURPOSE. The purpose of the establishing Commercial Zones and the
following regulations is to establish certain areas where retail businesses and other commercial uses
of land will be encouraged and to establish standards by which development in these areas shall
occur.
Section 1301 - PERMITTED ACCESSORY USES. Permitted Accessory Uses in all
Commercial Zones shall be the following:
Automobile parking and off-street loading areas, subject to the further requirements
of this Ordinance.
2. Accessory storage buildings, but not to include outside storage.
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3. Signs, as regulated by the Town of Ithaca Sign Law.
4. The dwelling of a guard, caretaker or custodian but not more than one dwelling unit
per building.
5. Child day care centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
Section 1302 - MINIMUM AREA FOR COMMERCIAL ZONE. A minimum tract of
two (2) acres is required for the development of a Commercial Zone except for a Neighborhood
Commercial Zone for which the minimum tract required is one (1) acre and except for a Vehicle
Fueling and Repair Zone for which the minium tract required is 30,000 square feet.
Section 1303 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Commercial Zones no building shall exceed thirty-eight (38) feet in height
from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
structure other than a building shall exceed thirty (30) feet in height.
Section 1304 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Commercial Zones yards of at least the following dimensions are required:
1. Front Yard - not less than 50 feet in depth.
2. Rear Yard - not less than 30 feet in depth.
3. Side Yards - none required with respect to buildings all on the same lot, but not less
than 30 feet from any structure to a side property line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
Section 1305 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1306 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent of the lot area. For this purpose `useable open space' shall mean
that portion of the lot area not covered by any structure (as defined in Article 1) or driveway, and
generally intended to be occupied by suitable vegetation or landscaping.
Section 1307 - SIZE AND AREA OF LOT. Lots in Commercial Zones shall meet the
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following minimum requirements:
1. Minimum lot area shall beat least thirty thousand (30,000) square feet if public sewer
facilities are available, otherwise the minimum lot area shall be at least two acres;
and
2. Minimum width at the street line shall be 100 feet; and
3. Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 150 feet; and
4. Minimum depth from the street line shall be 200 feet.
Section 1308 - PARKING. Parking requirements shall be as set forth in Article XXVH.
`Section 1309 - ADDITIONAL SPECIAL, REQUIREMENTS. Additional special
requirements include the following:
Off-street Loading - At least one off-street loading space shall be required for each
20,000 square feet of floor area, including basement.
2. Access and Sidewalks - Access drives shall be paved with black -top, concrete, or
other solid material, and, if business is to be carried on in the evening, shall be
adequately lighted. No lights shall be placed so as to reflect in an objectionable
manner on adjoining residential properties or public streets. Driveways and
walkways shall provide safe access, egress and traffic circulation within the site. The
placement, size and arrangement of access to public streets shall be subject to the
approval of the appropriate highway authority. Unless waived by the Town Board
or Planning Board for good cause shown, sidewalks shall be installed by the
developer of any commercial zone (except Lake Front Commercial Zones)
simultaneously with construction of any commercial buildings on any site.
3. Buffer Areas and Screening - No structure shall be placed closer than fifty feet to any
residence zone and thirty feet to any other zone. A strip at least ten feet wide within
such buffer area shall be suitably planted to screen a Commercial Zone from present
or future residences, or a suitable screening fence shall be erected. No waste or
refuse shall be placed outside any building in a Commercial Zone except that an area
common to all businesses, or a separate area for each business may be reserved at the
rear of the structure or structures. These areas shall contain bins, or other receptacles
adequate to prevent the scattering of waste and refuse, and shall be planted or fenced
so as to be screened from the public view. Such area and receptacles shall not be
located in the buffer area set forth above. No refuse shall be burned on the premises.
4. Additional Screening - In addition to the landscaping, screening, fencing and buffer
requirements set forth above, additional landscaping, fencing, screening, or earth
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berm maybe required to be provided by the Planning Board in the site review process
in any area where the proposed structure or use would, in the reasonable opinion of
the Planning Board, create a hazardous condition or would detract from the value of
neighboring property if such landscaping, fencing, screening, or berm were not
provided.
5. SUDDlemental Limitations - In the event that any of the uses permitted in any of the
Commercial Zones involve auxiliary, small-scale assembly, repair, processing,
fabrication, or cooking, such activity shall take place only in connection with
products or services offered for immediate sale or direct service to customers on the
premises, and no objectionable noise, smoke, odor, vibration or disorder created
thereby shall be experienced beyond the lot lines of said businesses.
6. Disblays - In all Commercial Zones except Gasoline and Repair Commercial Zones,
no outside displays shall be permitted unless otherwise specifically authorized bythis
Ordinance.
Section 1310 - DRIVE -THROUGH OPERATIONS. The inclusion in any zone of a use,
such as a restaurant, bank, or pharmacy, that can be operated without a drive -up or drive -through
facility, does not permit a drive -up or drive -through facility associated with such use unless the
provisions applicable to such zone specifically state otherwise.
Section 1311- SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Commercial Zone unless the proposed building is in accordance with a site plan
approved pursuant to the provisions of Article XXIH of this Ordinance.
ARTICLE XIV: NEIGHBORHOOD COMMERCIAL ZONES
Section 1400 - PURPOSE. The purpose of the Neighborhood Commercial Zone is to
provide areas or centers for shopping and service -oriented uses that are easily accessible to the
neighborhoods which they serve, which are not intended to draw customers from considerable
distances, or which have low -volume traffic and no significant impacts so as to be minimally
intrusive upon residential neighborhoods. These zones shall be located so as to be generally
distributed throughout the Town in proportion to the population and shall be limited both in size and
in proximity to one another.
Section 1401 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Neighborhood Commercial Zone:
l . The following retail uses provided that the interior floor area is 5,000 square feet or
less:
(a) Retail food store/grocery
(b) Retail sales of candy, ice cream, gifts, flowers and similar small items
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(c) Retail store (other than a retail store expressly referred to elsewhere in this
Ordinance) where goods are sold from inside the store and rental of goods is
not a significant portion of the revenues
(d) Arts and crafts gallery/studio
(e) Photography store/studio
(f) Drugstore/pharmacy
(g) Florist
(h) Bicycle sales/repairs which may include outside displays
(i) Bakery
0) Plant nursery which may include outside displays
(k) Hardware store
(1) Painting and decorating boutique
(m) Bookstore or newsstand
2. The following personal service retail uses provided that the interior floor area is
5,000 square feet or less:
(a) Bank or other financial institution
(b) Laundromat, dry cleaning (self service or pickup)
(c) Barber shop or beauty parlor
(d) Milliner/dressmaker/tailor
(e) Shoe maker/repair
(f) Restaurant or coffee shop
(g) Caterer
(h) Photocopying/related printing
(i) Optician
0) Decorator
3. Business, professional, administrative, or governmental office, but excluding a
medical or dental clinic.
4. Fire station and emergency medical services
The following uses provided that the area on which construction occurs on the land
is 5,000 square feet or less, (excluding underground utilities)
(a) Any municipal or public utility purpose necessary to the maintenance of
utility services except that substations and similar structures shall be subject
to the same set -back requirements as apply to other buildings in the district
in which the substations or similar structures are constructed.
Section 1402 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Neighborhood Commercial Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
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Any of the uses, except caterer, set forth above as being permitted as of right where
the interior floor area for such use exceeds 5,000 square feet.
2. The following uses where the construction on the lot exceeds 5,000 square feet of
land area but does not exceed 10,000 square feet of land area (excluding underground
utilities):
(a) Any municipal or public utility purpose necessary to the maintenance of
utility services except that substations and similar structures shall be subject
to the same set -back requirements as apply to other buildings in the district
in which the substations or similar structures are constructed.
3. Bank or other financial institution with a drive -through with a maximum of two
drive -through lanes served by tellers or automatic teller machines.
4. Furniture and appliance sales and service.
5. Packaging/mailing service.
6. Hotel or motel provided the facility fronts on a state highway.
7. Child day care center and elder care center.
Club house, lodge, community center.
9. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Neighborhood Commercial Zone if it were not in a mixed
use facility.
10. Health or fitness center.
11. Any other lawful use, not otherwise specifically referred to in this Ordinance, that
both the Planning Board and the Zoning Board of Appeals find is substantially
similar to a use permitted as of right in the Neighborhood Commercial Zone and does
not have greater adverse effects upon traffic, noise, air quality, parking, or any other
attribute reasonably relevant, than a use permitted as of right.
Section 1403 - MAXIMUM BUILDING SIZE. No building in a Neighborhood Commercial Zone
shall exceed 7,500 square feet in size (inclusive of all floors except a basement used solely for
storage) unless the Planning Board, by special permit, authorizes the size to beincreased up to
10,000 square feet. In no event shall a building exceed 10,000 square feet in size (inclusive of all
floors except a basement used solely for storage).
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ARTICLE XV: OFFICE PARK COMMERCIAL ZONES
Section 1500 - PURPOSE. The purpose of the Office Park Commercial Zone is to provide
areas in the Town where office parks involving business offices but not retail sales nor industrial
products might be located in a manner that is not totally inconsistent with residential areas but which
may serve as transition zones from lower density residential to higher intensity residential and
commercial uses and may involve traffic and other impacts that would begin to degrade the
residential environment.
Section 1501- PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in an Office Park Commercial Zone:
1. Bank or other financial institution with or without a drive -through facility, provided
any drive -through facility shall be limited to no more than two drive -through lanes.
2. Business, administrative or professional offices.
3. Medical and dental clinics not involving any overnight occupancy.
4. Optician and related facilities.
5. Municipal or other governmental offices.
Section 1502 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Office Park Commercial Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
1. Any municipal or public utility purpose necessary to the maintenance of utility
services involving construction on more than 10,000 square feet of land.
2. Fire station or other public building necessary to the protection of or servicing of a
neighborhood.
3. Arts and crafts gallery or studio.
4. Restaurant.
5. Packaging/mailing service.
6. Research and development facility which contains laboratories or other areas that are
not offices.
7. Club house, lodge, community center.
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Hospital, medical or dental clinic that involves overnight occupancy.
Section 1503 - ADDITIONAL PERMITTED ACCESSORY USES. In addition to
accessory uses authorized in all Commercial Zones, the following accessory uses are permitted in
a Office Park Commercial Zone:
Cafeteria or lunchroom.
2. Retail sales of candy, ice cream, baked goods, flowers, and other small items.
Child or elder day care center.
4. Health or fitness center.
ARTICLE XVI: COMMUNITY COMMERCIAL ZONES
Section 1600 - PURPOSE. The purpose of the Community Commercial Zone is to provide
areas in the Town for a broader range of economic activities which include activities that may draw
clientele from all areas in the Town and from outside the Town. It is the intention to locate such
areas where there is minimal impact on established residential neighborhoods, where the necessary
infrastructure is available, and where transportation facilities can be provided. The uses in this Zone
will typically involve more traffic and related noises than in the Neighborhood and Office Park
Commercial Zones.
Section 1601- PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Community Commercial Zone:
Any of the uses permitted in a Neighborhood Commercial Zone or the Office Park
Commercial Zone that do not require a special permit or approval other than for the
size of the facility. Such uses are permitted as of right if the interior floor area is not
more than 10,000 square feet.
2. Any of the following uses provided that the interior floor area is 10,000 square feet
or less:
(a) Bank or other financial institution with drive -through with a maximum of two
drive -through lanes served by tellers or automatic teller machines.
(b) Building supply which may include outside displays.
(c) Drug store with a drive -through with no more than one driving lane passing
through the drive -through window area.
(d) Electrical shop.
(e) Furniture and appliance sales and service.
(0 Glass shop.
(g) Greenhouse which may include outside displays.
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(h) Heating shop.
(i) Monument works which may include outside displays.
0) Optician.
(k) Package liquor store.
(1) Pet shop, provided such shop does not have any outside pens or runs.
(m) Plumbing shop.
(n) Printer.
(o) Video store.
(p) Packaging/mailing service.
Hotel or motel of 30 sleeping rooms or less.
Section 1602 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Community Commercial Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance and provided the interior floor area for each store (or if the use is other than as a store,
the space occupied by each entity) is no greater than 25,000 square feet unless limited below to a
lesser amount:
Any of the uses permitted in Neighborhood Commercial Zone or Office Park
Commercial Zone upon receipt of a special permit.
2. Any of the uses set forth in Sections 1401, 1402, 1501 and 1601 above where the
interior floor area for such use exceeds the maximum permitted allowable in said
sections, usually 10,000 square feet.
3. Public library.
4. Theater, skating rink, bowling alley, dance hall, where the activity involved is
conducted exclusively inside a building provided that such place of business shall be
located at least 200 feet from any residence district.
5. Restaurant or other place for the serving of food, with or without a drive -through
facility provided, however, that no new restaurant with a drive -through facility shall
be permitted within 1500 feet of the property boundary line of an existing restaurant
with a drive -through facility. If alcoholic beverages are served, the place of business
shall be located at least 200 feet from a school or church and at least 150 feet from
any residence zone. Notwithstanding any other provision of this Ordinance, no such
facility with a drive -through shall exceed 10,000 square feet of interior space.
Bar or tavern, provided the place of business is located at least 200 feet from a school
or church and at least 150 feet from any residence zone.
7. Bank or other financial institution with drive -through with not more than three drive -
through lanes served by tellers or automatic teller machines.
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8. Drug store or pharmacy with a drive -through with not more than three driving lanes
passing through the drive -through window(s) area.
9. Club house or lodge, provided that no building so used shall be within 100 feet of
any street or within 150 feet of the lot line of an adjoining owner.
10. Undertaker.
11. Hotel or motel with more than 30 sleeping rooms.
12. Public parking garage or lot such as a Park-n-ride parking lot.
13. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Community Commercial Zone if it were not in a mixed use
facility.
14 Veterinary office or clinic. No veterinary office or clinic shall exceed 10,000 square
feet of interior space.
15. Medical and dental clinics not involving any overnight occupancy.
16. Upholsterer.
17. Car wash, including a car wash drive -through facility, provided the foot -print of the
car wash building does not exceed 10,000 square feet.
18. Any other lawful use, not otherwise specifically referred to in this Ordinance, that
both the Planning Board and the Zoning Board of Appeals find is substantially
similar to a use permitted as of right in the Community Commercial Zone and does
not have greater adverse effects upon traffic, noise, air quality, parking, or any other
attribute reasonably relevant, than a use permitted as of right.
ARTICLE XVII: VEHICLE FUELING AND REPAIR COMMERCIAL ZONES
Section 1700 - PURPOSE. The purpose of the Vehicle Fueling and Repair Commercial
Zone is to provide areas where retail sales of automotive gasoline and related products might occur
as well as the sale and repair of automobiles, all in an environment that minimizes the impact of such
activities on residential and Neighborhood Commercial Zones.
Section 1701 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Vehicle Fueling and Repair Commercial Zone:
Vehicle fuel sales station and vehicle repair garage provided that all servicing of
vehicles shall take place on private property, and that no repair work, except short-
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term emergency repairs, be carried on out-of-doors.
2. Car wash, including a car wash that is a drive -through facility.
Section 1702 - PRINCIPAL USE AUTHORIZED BY SPECIAL PERMIT ONLY. The
following use is permitted in a Vehicle Fueling and Repair Commercial Zone, but. only upon receipt
of a special permit for same from the Planning Board in accordance with the procedures set forth in
this Ordinance:
Convenience store with gasoline sales.
2. Public parking garage or parking lot.
Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the same
set -back requirements as apply to other buildings in the district in which the
substations or similar structures are constructed.
ARTICLE XVIII: LAKEFRONT COMMERCIAL ZONES
Section 1800 - PURPOSE. The purpose of the Lakefront Commercial Zone is to provide
areas in the Town for coherent development of commercial facilities that are uniquely related to the
shore front of Cayuga Lake and are not inherently incompatible with adjacent residential zones.
Section 1801- PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Lakefront Commercial Zone:
1. Boat Harbor and Marina.
Section 1802 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Lakefront Commercial Zone upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
Restaurant or other place for the serving of food. If alcoholic beverages are served,
the place of business shall be located at least 200 feet from a school or church or 150
feet from a residence district.
2. Hotel or motel, provided that the principal is set back at least i GO feet froiYi
the shoreline.
3. Club House or Lodge, provided that no buildings so used shall be within 100 feet of
any street, or within 150 feet of the lot line of an adjoining owner.
4. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Lakefront Commercial Zone if it were not in a mixed use
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facility and provided that any residential component of any building is set back at
least 100 feet from the shoreline.
5. Any municipal or public utility purpose necessary to the maintenance of utility
services involving construction on not more than 5,000 square feet of land.
Section 1803 - ACCESSORY USE AUTHORIZED BY SPECIAL PERMIT ONLY. In
addition to accessory uses authorized in all Commercial Zones, the following accessory use is
permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for same from
the Planning Board in accordance with the procedures set forth in this Ordinance:
Retail sales of candy, ice cream, baked goods, flowers, and other small items.
ARTICLE XIX: LIGHT INDUSTRIAL ZONES
Section 1900 - PURPOSE. The purpose of the Light Industrial Zone is to permit, where
appropriate, the construction of research and development oriented industries, high technology
enterprises, light manufacturing facilities, and other moderately intensive industrial activities which
would not generally be appropriate in residential areas but which may not require the same level of
separation from residential areas as more intensive industrial uses. Areas may be zoned as a Light
Industrial Zones by the Town Board or upon application for a specific proposal, all in accordance
with the normal rezoning procedures. Generally, such re -zoning will be permitted only in areas
where public water and sanitary facilities are available, where public transportation may be readily
available, and where other resources and facilities that complement multiple light industrial uses are
found. In reaching its decision on whether to rezone to a Light Industrial Zone, the Town Board
shall consider the general criteria set forth in this Ordinance, the most current comprehensive or
master plan for the town, and this statement of purpose.
Section 1901 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Light Industrial Zone:
Business, administrative or professional offices.
2. Industrial uses employing electric power or other motor power, or utilizing hand
labor for fabrication or assembly.
uidoor warehousing and in%.Loor storage including self-service storage facilities.
4. Printing, publishing and bookbinding.
5. Research and development facilities utilizing office spaces, indoor scientific
laboratories, and other similar indoor spaces.
Section 1902 - ADULT ENTERTAINMENT USES AUTHORIZED BY SPECIAL
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APPROVAL ONLY. Adult entertainment businesses are permitted in certain Light Industrial
Zones, but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance after receipt of a favorable recommendation for same
from the Planning Board, and only upon the conditions set forth below:
Adult entertainment businesses are permitted only in those Light Industrial Districts
which adjoin a State Highway (e.g. New York State Route 13).
2. The Board of Appeals, after favorable recommendation of the Planning Board, grants
a special approval for same in accordance with the provisions of the Special Permits
and Special Approvals Article of this Ordinance utilizing the criteria set forth or
referred to in said article for the granting of a special approval.
3. The building in which the business is conducted, and the related parking areas, are
located at least 150 feet from any highway right of way line, at least 280 feet from the
boundary of any other zoning district, and at least 280 feet from any public park,
school, or church. For this purpose, the Finger Lakes Trail is considered a public
park, and the boundaries of such Trail are deemed to be the lines on each side of the
centerline that are parallel to, and twenty feet from, the centerline of the Trail.
4. The building and lot upon which it is located comply in all other respects with the
requirements set forth in the provisions of this article governing light industrial
zones, except as modified by this section and with the following further exceptions:
(a) If the type of adult entertainment business is one specified in Section 2707
the minimum parking requirements shall be those set forth in such section for
that type of structure (e.g. if the adult entertainment business is a theater,
there shall be one parking space for each five seats).
(b) If the type of adult entertainment business is not one specified in Section
2707 the minimum parking requirement shall be 300 square feet of parking
area, including lanes and driveways, for each 100 feet of floor area, exclusive
of basements used for storage. (e.g. if the adult entertainment business is a
massage parlor, the minimum parking area shall be 300 square feet for each
100 feet of floor area).
(c) The minimum parking requirements may be reduced in accordance with the
criteria and procedures referred to Section 27017.
Section 1903 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in a Light Industrial Zone:
Automobile parking and off-street loading areas subject to the further requirements
of this article.
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2. Accessory storage buildings, but not to include outside storage.
3. Signs, as regulated by the Town of Ithaca Sign Law.
4. The dwelling of an owner, operator, or manager, or of a' guard, caretaker, or
custodian, provided that no more than one dwelling unit per industry shall be
established.
5. Guardhouse.
6. Child Day Care Centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
7. Cafeteria or lunchroom.
8. Recreational facilities including playfields, ballfields, tennis and volleyball courts,
swimming pools and fitness centers.
9. Fences up to eight feet in height if approved by the Planning Board as appropriate
and necessary for the proposed use.
Section 1904 - MINIMUM AREA FOR A LIGHT INDUSTRIAL ZONE. A minimum
tract of ten acres is required for the development of a Light Industrial Zone.
Section 1905 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Light Industrial Zones no building shall exceed thirty-eight (38) feet in
height from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and
no structure other than a building shall exceed thirty-six (36) feet in height.
Section 1906 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Light Industrial Zones yards of at least the following dimensions are
required:
1. Front Yard - not less than 150 feet in depth.
2. Rear Yard - not less than 60 feet in depth.
3. Side Yards = none required with respect to buildings all on the sam%- lot, but not less
than 60 feet from any structure to a side property line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
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addition to. any required buffer areas.
Section 1907 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1908 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent of the lot area. For this purpose 'useable open space' shall mean
that portion of the lot area not covered by any structure (as defined in Article I) or driveway, and
generally intended to be occupied by suitable vegetation or landscaping.
Section 1909 - SIZE AND AREA OF LOT. Lots in Light Industrial Zones shall meet the
following minimum requirements:
Minimum lot area shall be at least two acres; and
2. Minimum width at the street line shall be 150 feet; and
3. Minimum width at the maximum required front yard setback line (150 feet from the
street line) shall be 200 feet; and
4. Minimum depth from the street line shall be 300 feet.
Section 1910 - PARKING. Parking requirements shall be as set forth in Article XXVII,
Section 1911 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
1. Off-street Loadinu - Same as in Commercial Zones (Section 1309 (1)).
2. Access and Sidewalks - Same as in Commercial Zones (Section 1309 (2)).
3. Buffer Areas and Screening - Same as in Commercial Zones (Section 1309 (3))
except no structure shall be placed closer than sixty feet to any residence zone and
thirty feet to any other zone.
4. Additional Screening - Same as in Commercial Zones (Section 1309 (4)).
i isrlays - in all Light industrial Zones no outside displays shah be permitted unless
otherwise specifically authorized by this Ordinance.
Section 1912 - PERFORMANCE STANDARDS. Any use in a Light Industrial Zone shall
be so operated as to be in conformity with the following additional standards:
Noise. No use shall operate or cause to be operated any source of sound in such a
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manner as to create a sound level which exceeds the limits set forth for the land use
category stated below when measured at the boundary of the property nearest the
receiving land use.
Receiving
Sound
Land Use Category
Time
Level Limit
Residential Use
7 a.m. - 7 p.m.
65 dBa
7 p.m. - 7 a.m.
55 dBa
Natural Areas
7 a.m. - 7 p.m.
60 dBa
7 p.m. - 7 a.m.
50 dBa
All Other
7 a.m. - 7 p.m.
68 dBa
7 p.m. - 7 a.m.
58 dBa
For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the
maximum sound limits set forth above shall be reduced by 5 dBa.
2. Vibration: No activity shall cause or create a discernible steady state or impact
vibration at or beyond the boundary of the property.
Atmospheric Emissions: There shall be no emission of dust, dirt, smoke, fly ash, or
noxious gases or other noxious substances which could cause damage to the health
of persons, animals, or plant life.
4. Odor: There shall be no emission of any offensive odor discernible at the boundary
of the property.
Glare and Heat: No glare or heat shall be produced that is perceptible beyond the
boundaries of the property. Exterior illumination shall be shaded and directed to
prevent glare or traffic hazard on surrounding properties and streets.
6. Radioactivity and Electromagnetic Interference: No activities shall be permitted
which emit dangerous radioactivity. No activities shall be permitted which produce
any electromagnetic disturbance adversely affecting the operation of any equipment
outside the boundary of the property.
Fire and Explosion Hazards: All activities involving, and all storage of flammable
and explosive materials, shall be provided with adequate safety devices against the
hazard of fire and explosion and with adequate fire -fighting and fire suppression
equipment and devices standard in the industry and as may be required by any
applicable codes, laws, or regulations. All burning of such waste materials in open
fires is prohibited.
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Vermin: There shall be no storage of material, either indoors or out, in such a
manner that it attracts or facilitates the breeding of vermin or endangers public health
or the environment in any way.
Section 1913 - SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Light Industrial Zone unless the proposed building is in accordance with a site
plan approved pursuant to the provisions of Article XXIII.
ARTICLE XX: INDUSTRIAL ZONES
Section 2000 - PURPOSE. The purpose of the Industrial Zone is to permit, where
appropriate, manufacturing and other industrial facilities. Areas may be zoned as an Industrial Zone
by the Town Board or upon application for a specific proposal, all in accordance with the normal
rezoning procedures. Generally, such re -zoning will be permitted only in areas where public water
and sanitary facilities are available, where public transportation may be readily available, and where
other resources and facilities that complement industrial uses are found. In reaching its decision on
whether to rezone to an Industrial Zone, the Town Board shall consider the general criteria set forth
in this Ordinance, the most current comprehensive or master plan for the town, and this statement
of purpose.
Section 2001 - PERMITTED PRINCIPAL USES. In an Industrial Zone buildings and
land may be used for any lawful manufacturing activity and any lawful activity permitted as of right
in a Light Industrial Zone, except for the uses expressly enumerated below. Certain uses or facilities,
set forth below, are permitted only upon receipt of a special permit from the Planning Board as set
forth below.
Section 2002 - PROHIBITED USES. The following uses are prohibited in an Industrial
Zone:
1. Dwelling units, except as an accessory use as set forth below.
2. Sales of any products at retail to the general public except as the same may be related
to and an incidental by-product of a permitted principal use such as manufacturing.
3. Restaurants of any nature except for cafeterias or other similar facilities that are
incidental to and related specifically to a permitted principal use such as
manufacturing.
4. Motel.
Hotel.
6. Adult entertainment business.
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7. Any of the following factories or works: arsenal, blast furnace, boiler works, iron,
steel, brass or copper foundry, metal ore, smelting, planing mill, rolling mill and
stockyards or slaughter house.
8. The manufacturing or storage of explosives and gas, oil and other flammables or
petroleum products.
Section 2003 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in an Industrial Zone:
1. Automobile parking and off-street loading areas subject to the further requirements
of this article.
2. Accessory storage buildings.
Signs, as regulated by the Town of Ithaca Sign Law.
4. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or
custodian, provided that no more than one dwelling unit per industry shall be
established.
5. Guardhouse.
6.. Child Day Care Centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
Cafeteria or lunchroom incidental to and related specifically to a permitted use.
8. Recreational facilities including playfields, ballfields, tennis and volleyball courts,
swimming pools and fitness centers.
9. Fences up to eight feet in height if approved by the Planning Board as appropriate
and necessary for the proposed use.
Section 2004 - PLACEMENT OF ACCESSORY STRUCTURES. Accessory structures
or buildings may be placed in any required side or rear yard but no closer than five feet to the
boundary of the property. Except as herein otherwise provided, no structures shall be placed in any
required buffer zone. Parking, signs, guardhouses, and fences maybe placed in a front yard provided
the Planning Board finds the 'location of such Structures is in accordance with the criteria for a
approval of the site plan and the location is shown on an approved site plan. Signs, guardhouses and
fences if placed in a required front yard may also be placed in any required buffer zone that is in the
front of the property.
Section 2005 - MINIMUM AREA FOR AN INDUSTRIAL ZONE. A minimum tract of
ten acres is required for the development of an Industrial Zone.
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Section 2006 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Industrial Zones no building shall exceed thirty-eight (38) feet in height
from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
structure other than a building shall exceed thirty-six (36) feet in height.
Section 2007 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Industrial Zones yards of at least the following dimensions are required:
1. Front Yard - not less than 150 feet in depth.
2. Rear Yard - not less than 60 feet in depth.
3. Side Yards - none required with respect to buildings all on the same lot, but not less
than 60 feet from any structure to a side property line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
Section 2008 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 2009 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent of the lot area. For this purpose 'useable open space' shall mean
that portion of the lot area not covered by any structure (as defined in Article I) or driveway, and
generally intended to be occupied by suitable vegetation or landscaping.
Section 2010 - SIZE AND AREA OF LOT. Lots in Industrial Zones shall meet the
following minimum requirements:
Minimum lot area shall be at least two acres; and
2. Minimum width at the street line shall be 150 feet; and
Minimum width at the maximum required front yard setback line (150 feet from the
street line) shall be 200 feet; and
4. Minimum depth from the street line shall be 300 feet.
Section 2011 - PARKING. Parking requirements shall be as set forth in Article XXVU.
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Section 2012 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
Off-street Loading - Same as in Commercial Zones (Section 1309 (1)).
2. Access and Sidewalks - Same as in Commercial Zones (Section 1309(2)).
3. Buffer Areas and Screening - Same as in Commercial Zones (Section 1309(3))
except no structure shall be placed closer than one hundred feet to any residence zone
and fifty feet to any other zone.
4. Additional Screening - Same as in Commercial Zones (Section 1309 (4)).
5. Disnlays - In all Industrial Zones no outside displays shall be permitted unless
otherwise specifically authorized by this Ordinance.
Section 2013 - PERFORMANCE STANDARDS. Any use in an Industrial Zone shall be
so operated as to be in conformity with the performance standards set forth with respect to Light
Industrial Zones above.
Section 2014 - SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within an Industrial Zone nor shall any existing building, structure or use in an Industrial
Zone be changed unless the proposed building and/or use is in accordance with a site plan approved
pursuant to the provisions of Article XXIH.
ARTICLE XXI: PLANNED DEVELOPMENT ZONES
Section 2100 - PURPOSE. The purpose of the Planned Development Zone is to permit,
where appropriate, a degree of flexibility in conventional land use and design regulations which will
encourage development in an imaginative and innovative way while through the process of review,
discussion and law change, insuring efficient investment in public improvements, a more suitable
environment, and protection of community interest. This article is intended to relate to both
residential and non-residential development, as well as mixed forms of development. There maybe
uses, now or in the future, which are not expressly permitted by the other terms of this Ordinance
but which uses would not contravene the long range comprehensive plan objectives if they adhere
to certain predetermined performance and design conditions. The Planned Development Zone is
intended to be used to enable these developments to occur even though they may not be specifically
authorized by this Ordinance. Areas may be zoned as a Piailiied D2veiopmertt Zone by the Town
Board or upon application for a specific proposal, all in accordance with the normal rezoning
procedures. Because the intention is to create self-contained, .architecturally consistent and
compatible buildings, many times with diverse but related uses, and because the creation of a
Planned Development Zone will entail sufficient review to assure the uses within the Zone will have
negligible or no adverse effects upon properties surrounding the Zone, a Planned Development Zone
may be created in any Zone within the Town. In reaching its decision on whether to rezone to a
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Planned Development Zone, the Town Board shall consider the general criteria set forth in this
Ordinance, the most current comprehensive or master plan for the town, and this statement of
purpose.
Section 2101 - ESTABLISHMENT AND LOCATION. With the approval of the Town
Board, a Planned Development Zone may be established in any zone in the Town. The
establishment of any such Zone shall lie in the sole discretion of the Town Board, as a legislative
body. It shall be established by amending the Zoning Ordinance to permit such establishment. The
enactment and establishment of such a Zone shall be a legislative act. No owner of land or other
person having an interest in land shall be entitled as a matter of right to the enactment or
establishment of any such Zone.
Section 2102 - PERMITTED PRINCIPAL AND ACCESSORY USES. In a Planned
Development Zone buildings and land may be used for any lawful purpose permitted in the Zone
where it is located, plus any other uses which the Town Board may authorize upon findings that such
additional uses
Further the health and welfare of the community; and
2. Are in accordance with the comprehensive or general plan for the Town.
Section 2103 - ADDITIONAL REQUIREMENTS. In any rezoning to a Planned
Development Zone the Town Board may impose such conditions or limitations that the Town Board,
in its legislative discretion, may determine to be necessary or desirable to insure the development
conforms with the comprehensive plan of the Town, including limiting the permitted uses, location
and size of buildings and structures, providing for open space and recreational areas, and requiring
bonds or other assurances of completion of any infrastructure to be built as part of the development.
Section 2104 - MINIMUM AREA FOR A PLANNED DEVELOPMENT ZONE. A
minimum tract of two acres is required for the development of a Planned Development Zone.
Section 2105 - YARD AND OTHER REGULATIONS. Yard, height, building coverage,
lot size, and any perforinance standards shall be as set forth in the legislation rezoning the area to
a Planned Development Zone. Unless otherwise stated in such legislation, if no such regulations are
set forth, the regulations applicable to the Zone in which the Planned Development Zone is located
shall govern.
Section 2106 - SITE PLAN APPROVAL. No structure shall be erected or placed within
a Planned Development Zone, no building permit shall be issued for a building or structure within
a Planned Development Zone, and no existing building, structure or use in a Planned Development
Zone be changed, unless the proposed building and/or use is in accordance with a site plan approved
pursuant to the provisions of Article XXIII.
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ARTICLE XXII: PROCEDURES FOR CREATION OF NEW ZONES
Section 2200 - ZONES TO WHICH APPLICABLE. The procedures set forth in this
Article shall govern applications for establishment of a Mobile Home Park Zone, a Multiple
Residence Zone, a Commercial Zone of any nature, a Light Industrial Zone, an Industrial Zone, or
a Planned Development Zone, all hereinafter referred to as "Zones," and shall be in addition to any
requirements specified in any of the Articles governing any of such Zones.
Section 2201 - GENERAL PROVISIONS. The provisions set forth below shall govern
establishment of Zones when application for same is made by any person or entity other than the
Town of Ithaca. Should the establishment of a Zone be initiated by the Town Board, the procedures
to be followed are those set forth in New York State Town Law and this Ordinance governing
amendments of a zoning ordinance.
Section 2202 - PROCEDURES FOR CREATION OF A ZONE. Any person or entity
requesting the establishment of a zone shall proceed as follows:
The applicant shall have the option to make an informal pre -submission presentation
to the appropriate Board or to the Town Planning Staff at which time rezoning
application requirements and procedures 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. A purpose of this non -
mandatory meeting would be to give the applicant, before incurring substantial
expense to comply with the formal application process, an opportunity to discuss the
applicant's plans informally to determine if there are substantial reasons known to the
Town Staff that would suggest the proposal would not be acceptable to the applicable
Town Boards and to provide an opportunity for achievement of a project and
rezoning that would be acceptable in the public interest.
2. The applicant shall submit an application to the Town Planner on forms supplied by
the Town which shall include such information as the Town Planner may reasonably
require to evaluate the proposal. Such application shall be accompanied by any
required fees.
The applicant shall submit with the application a general site plan which shall be
transmitted to the Town Board and which shall show (unless one or more items are
waived by the Town Board) property lines, including metes and bounds, adjacent
public streets, topography, size and location of existing or proposed structures, and
such other plans and information deemed reasonably necessary by the Town Board
for adequate study of the proposed plan.
4. The Town Board shall preliminarily determine whether it will consider the
application for the rezoning, or deny same. If the Town Board determines that it will
entertain the application the Town Board shall refer the matter to the Planning Board
for review and recommendation.
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5. The applicant shall be notified of the referral and shall be required to provide such
additional materials, including any required environmental assessment forms,
drawings, elevations, or other documents as the Town Planner may reasonably
require to allow a full and complete study of the proposal. Such materials shall be
supplied at least ten working days prior to the Planning Board meeting at which the
matter will be considered.
6. Upon review of the matter by the Planning Board after such referral, the Planning
Board may require such changes in the general site plan as are necessary to meet the
requirements of this ordinance and may make any other recommendations which it
deems necessary to promote the general health, safety, morals, and welfare of the
community. The Planning Board shall then adopt a resolution recommending (a) a
finding regarding environmental significance oftheproposal, and (b) either approval,
approval with modifications, or disapproval of the proposed plan. Before any such
resolution is adopted, the Planning Board shall hold a public hearing which shall be
heard by the Planning Board within 45 days of the filing of the general site plan and
all related materials with the Planning Board, and such hearing shall be advertised
in a newspaper of general circulation in the Town of Ithaca at least five (5) days
before such hearing. The Planning Board shall make its recommendation within the
forty-five (45) days after the hearing and forward the same to the Town Clerk.
7. The Town Board shall comply with applicable provisions of SEAR.
The Town Board shall hold a public hearing on the proposed zone with the same
notice required by law in the case of an amendment to the Zoning Ordinance, which
public hearing may include any public hearings required by SEAR. If the Town
Board establishes such zone after such hearing, it shall define the boundaries thereof,
approve the general site plan and impose any modifications and additional
requirements as it may determine. Before finally establishing any such zone, the
Town Board may refer the application to the Town Planning Board or the Board of
Zoning Appeals for such further consideration as the Town Board may require. No
building permit shall, in any case, be issued on the basis of a general site plan.
9. Whenever a zone other than a Planned Development Zone is created pursuant to the
provisions of this Article, the owner shall be bound by the general site plan as
approved and adopted by the Town Board, except that the Planning Board shall have
authority to authorize minor changes or additions to the general site plan provided the
same do not materially alter the intensity of use or other significant characteristics of
the general site plan, and provided the Sa�i�e to not violate any express conditions
imposed by the Town Board in creating the zone. In the case of zones other than
Planned Development Zones, the Planning Board may authorize changes or additions
provided the same do not violate any express conditions imposed by the Town Board
in creating the zone.
10. Upon the creation of the zone, unless the general site plan was of sufficient detail and
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contained sufficient information as to constitute, in the Town Board's discretion, a
final site plan, the matter shall be referred to the Planning Board for final site plan
approval in accordance with the site plan approval process set forth below.
ARTICLE XXIII: SITE PLAN REVIEW AND APPROVAL PROCEDURES
Section 2300 - PURPOSE. The purpose of site plan review is to provide for the review and
approval of development plans to ensure that land development occurs in harmony with surrounding
uses, without adversely impacting neighboring parcels, property values, public facilities,
infrastructure or the natural environment.
Section 2301 - 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 activities for which site plan approval is required, a site plan
must be approved by the Planning Board in accordance with these and other applicable provisions.
Section 2302 - APPLICABILITY. The requirements set forth in this Article shall apply
to all activities or developments that are referred to elsewhere in this Ordinance as requiring a site
plan approval. In addition, and supplementing such provisions, the requirements of this article shall
also apply to the following actions except as to those actions specifically exempted, or for which
alternative specific site plan review and approval requirements are established, elsewhere in this
Ordinance:
All new commercial, industrial or institutional development.
2. All new multi -family housing.
3. Any modification of existing commercial, industrial, institutional or multifamily
buildings, for which no previous site plan exists.
4. Any expansion of existing commercial, industrial, institutional or multifamily
buildings which involve an increase in the gross floor area of an existing building by
more than ten (10) percent in the aggregate since any previous site plan approval.
Any conversion of an existing residential structure to a nonresidential use (except as
may have occurred in connection with a home occupation established in conformity
with the provisions of this Ordinance).
6. Any conversion of an existing nonresidential structure into a residential structure
containing three (3) or more dwelling units.
7. Any modification to an existing residential structure which increases the number of
dwelling units in the building to three (3) or more dwelling units.
Any change of an existing nonresidential building from one type of use specified in
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this ordinance to another (e.g. conversion of a commercial structure to an industrial
facility or conversion from a warehouse to a restaurant).
9. Any other modification to any facility or structure not set forth in the preceding
paragraphs, for which final site plan approval was or is presently required by the
terms of this Ordinance or any modification to any previously approved site plan,
except as otherwise authorized below.
Section 2303 - PROCEDURE.
The site plan process incorporates three successive stages, (a) sketch plan review, (b)
preliminary site plan approval, and (c) final site plan approval. Final site plan
approval is required in all cases prior to the issuance of a building permit or
certificate of occupancy. The sketch plan review is at the option of the applicant
except as may be required by the Director of Planning if the proposed project is
complex, has significant potential effects on the environment, or if other conditions
exist such that a sketch review would be beneficial to the applicant or the Town.
2. Sketch Plan Review. The sole purpose of sketch plan review is to review generally
and informally the proposed project, advise the applicant as to whether it is
reasonable to anticipate a positive response to a formal application, and to highlight
any concerns that may be readily apparent to the Planning Board. No vote of
approval or disapproval shall be taken with respect to a sketch plan.
Preliminary Site Plan Review. An applicant may, at his or her discretion, apply for
preliminary site plan approval. Further, if the Planning Board determines that an
application for final site plan approval is insufficient for an affirmative decision, the
Board may grant preliminary site plan approval with such conditions and restrictions
as are permitted by Section 274-a of the Town Law or any similar or successor
statute.
4. Unless other requirements of this Ordinance govern (e.g. the procedures for creation
of Planned Development Zone) the applicant shall make formal application for site
plan approval by submitting, at a minimum:
(a) One completed and signed Development Review Application.
(b) Applicable application fees.
(c) Deposit of review fees.
(d) One fully completed and signed Short Environmental Assessment Form, Part
I (SEAF), or Long Environmental Assessment Form, Part I (LEAF),
whichever is required.
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(e) Estimate of costs of site improvements (excluding cost of land acquisition
and professional fees) to be prepared (preferably) by a licensed professional
engineer.
(f) Four full size dark -line prints of the site plan and 25 reduced copies of all
sheets of the plan (the reduced copies to be no larger than 11" by 17") with
all required information.
(g) All other information required by this Ordinance or other laws, rules or
regulations for site plan approval.
The application for site plan approval shall not be deemed complete until all of the
above items are received by the Town Planner and the requirements of SEQR have
been met.
5. Upon receipt of a complete application, the Planning Board shall hold a public
hearing in accordance with the provisions of Town Law Section 274-a or any similar
or successor applicable statutes and shall render a decision approving, approving with
conditions, or disapproving the site plan.
6. In making its decision, the Planning Board shall have the power to impose conditions
and restrictions as authorized by Section 274-a of the Town Law or any similar or
successor statute.
7. If preliminary site plan approval is granted, when the developer applies for final site
plan approval the same procedures shall again be utilized, except that if the final site
plan is in substantial agreement with the site plan that received preliminary site plan
approval, no further action under SEQR shall be required. If the final site plan differs
significantly from the preliminary site plan, it shall be treated as a new application,
including compliance with applicable SEQR requirements.
In reviewing the final site plan application following preliminary site plan approval,
the Planning Board shall, in the absence of significant new information, confine its
review to determining whether the final plan (a) conforms to the preliminary plan,
(b) complies with any conditions imposed by the Board in granting preliminary
approval, and (c) complies in all other respects with the provisions of the Town Law
and this Ordinance.
7. Tlie owner and applICarit slliaii be bound by the lirlai site plan aS approved by tlic
Planning Board, and all construction and development shall occur only in accordance
with the finally approved site plan, unless specifically otherwise authorized by the
provisions of this Ordinance.
Section 2304 - SITE PLAN REQUIREMENTS. The site plan shall include the following
items, and such additional items as may be reasonably requested by the Planning Board in order to
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fully and adequately review the application for approval of the site plan or other permit or
authorization being sought, which requirements may be articulated on one or more checklists
supplied to applicants for site plan approval or modification. Without limiting the authority of the
Planning Board or other reviewing board of the Town with respect to additional items, the minimum
items to be included are set forth below with respect to each type of site plan being reviewed.
1. Sketch Plan Reauirements. The sketch plan shall include:
a. General location in the Town of the proposed development.
b. Approximate boundaries of parcel(s) involved.
C. Existing land use and proposed land use.
d. Approximate location of existing and proposed buildings or other significant
structures.
e. Approximate location of adjacent or nearby highways.
f. General topography of project area.
g. General indication of potentially significant natural or cultural features on or
adj acent to the site (e.g. wetlands, creeks, steep slopes or historic structures).
h. Existing land uses of immediately adjacent properties.
Written explanation of the character and purpose of the proposed
development including the type and density of development, water and sewer
systems proposed, and general timetable for the development.
2. Preliminary Site Plan'Reauirements. The preliminary site plan shall include:
a. Name and address of all owners of the property and name and address of all
persons who have an interest in the property, such as easements or rights -of -
way.
b. Key map, when more than one sheet is required to present site plan.
C. Vicinity map showing the general location of the property, 1 "=1000' or
1 "=2000'.
d. Name of project, which shall not duplicate the name of any other project or
subdivision in the county.
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e. Name and seal of each registered land surveyor(s), engineer(s), architect(s)
or landscape architect(s) who prepared any of the site plan materials,
including the topographic and boundary survey, drainage plans, etc.
f. Date of site plan and any related documentation, and dates of any applicable
revisions.
g. Map scale (1 "=50' or 1 "=100') in bar form and north point.
h. Name of town, county and state.
i. Exact boundary lines of the tract, indicated by a heavy line, showing location
and description of all monuments, giving property metes and bounds to the
nearest one tenth foot, angles to the nearest minute, and at least one bearing.
Location of any natural and cultural features within and immediately adjacent
of the site including but not limited to streams, lakes, floodplains, ponds,
wetlands, structures or sites listed, or eligible for listing, on the state or
national registers of historic places, woodlands, brushlands, significant
natural habitats, rare plants, viewsheds and unique natural areas, or other
features pertinent to review of the proposed project.
k. Location, size, and use of all existing structures, parking areas, access drives,
off-street loading areas, signs, lighting, pedestrian or bicycle facilities,
landscaping, and other existing features pertinent to plan review.
1. Location, size, proposed use, design, and construction materials of all
proposed structures, including floor plans, elevations from all four sides of
all significant structures showing exterior configuration, dimensions, finishes,
fenestrations, colors and other usual building details.
in. Location, design, dimensions and construction materials of all proposed
roads, sidewalks, bike paths, parking areas, fences, retaining walls, and
screening.
n. Size, location, height, design, and construction materials of all proposed signs
and exterior lighting, including type of lighting fixtures and amount and area
of illumination of any proposed lighting.
o. Location, design, and construction materials of all proposed pedestrian and
bicycle facilities.
P. Landscaping plan and planting schedule showing locations, species, and size
of proposed plantings, and exiting landscaping to be retained, inc luding also
location and proposed design of any buffers.
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q. Location, design, and construction materials of all proposed water and
sewage facilities.
r. Locations of any existing or proposed fire and other emergency zones,
including the location of fire hydrants.
S. Location, name, and dimensions of each existing highway and alley and each
utility, drainage, or similar easement within, abutting, or in the immediate
vicinity of the proposed project site.
t. Existing and proposed site topography represented by coutour lines with
intervals as required by the Planning Board, but not to exceed five (5) feet,
including a grading plan describing the volumes of cut and fill materials and
their composition, and including elevations of proposed buildings, signage,
lighting, and other features.
U. Drainage plan, showing of existing and proposed drainage patterns, including
a description of method used for analysis, the calculation of drainage area
above point of entry for each water course entering or abutting the site, and
proposed method of on -site retention if required, and details of any drainage
improvements to be made. Generally the method of analysis shall be
approved by the Director of Engineering and shall assume that, unless the
Planning Board determines otherwise for good cause shown, that the rate of
surface and subsurface run-off from the project site will not increase during
or after construction of the project.
V. Border lines bounding the sheet, one inch from the left edge and one-half
inch from each of the other edges. All required information, including
signatures, seals, dates and other information shall be within the border lines.
W. Accurate outlines and descriptions of any areas to be dedicated or reserved
for public use or acquisition, with the purposes indicated thereon, and of any
areas to be reserved by deed covenant for common uses of all property
owners, tenants, or other users of the property in the project.
X. The plan and profile of each proposed highway in the development, with
grade indicated, drawn to a scale of 1" = 50' horizontal, and 1" = 5' vertical,
on standard plan and profile sheets. Profiles shall show accurately the profile
of the highway or alley along the highway center line and location of the
sidewalks, if any.
Y. Reference on the site plan to any separate instruments, including restrictive
covenants, which directly affect the land in the project.
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Z. Names and addresses of all property owners of all parcels abutting the site,
or within 500 feet of the perimeter boundary of the site, including owners of
easements or rights of way, together with tax parcel numbers for all such
owners.
aa. Estimate of the cost of improvements (excluding the purchase cost of land)
to be prepared by a licensed professional engineer or other qualified
professional satisfactory to the Planning Board.
bb. Three dark -line prints of the proposed site plan and 25 copies of all sheets of
the propsed site plan in reduced format (no larger than 11" x 17") and copy
of all other items required above (except Development Review Application).
CC. A certificate signed by the owner and, if applicable, any contract vendee to
the effect that (i) the owner owns the land, (ii) the owner or contract vendee
caused the land to be surveyed and the site plan to be prepared, (iii) the owner
(or, if applicable, the contract vendee) agrees to construct the project in the
manner represented by the finally approved site plan and all related approved
application documents, and (iv) the owner (or, if applicable, the contract
vendee) makes any dedications indicated in any of the site plan
documentation and agrees and guarantees to construct any required
infrastructure elements set forth on the finally approved site plan.
3. Final Site Plan Requirements. The final site plan shall include:
a. All of the items set forth above for preliminary site plan approval, modified
if necessary to comply with any conditions imposed as part of the preliminary
site plan approval process.
b. One original set of the final site plan drawings on mylar, vellum or paper,
signed and sealed by the registered land surveyor(s), engineer(s), architect(s)
or landscape architect(s) who prepared the site plan materials, to be retained
by the Town, and two sets of paper copies of the final site plan drawings.
C. Record of application for and approval status of all necessary permits from
county, state, and/or federal agencies with copies of all necessary permits or
approvals to be provided prior to issuance of any certificate of occupancy.
d. Design development drawings for all buildings and construction details of all
other proposed structures, roads, water/sewer facilities, and other
improvements, including, but not limited to, specifications for water lines,
including locations and descriptions of mains, valves, hydrants,
appurtenances, etc., and profiles and specifications for sanitary sewers and
storm drainage facilities, including locations and descriptions of pipes,
manholes, lift stations, and other facilities.
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e. A certificate signed and sealed by the mortgagee(s), if any, to the effect that
the mortgagee consents to the site plan; the construction of the project as
shown, and the dedications and restrictions, if any, shown on or referred to
on the site plan.
Section 2305 -WAIVER OF REQUIREMENTS. The Town Board in those circumstances
where a site plan is required for Town Board review, and the Planning Board in those circumstances
where a site plan is provided for Planning Board review, may waive one or more items (e.g.,
topography) otherwise normally required to be shown on the site plan when the applicable board
determines that the circumstances of the application do not require a full site plan for adequate
consideration of the applicant's proposal.
Section 2306 - CONSIDERATIONS FOR APPROVAL. The Planning Board's review of
a site plan shall include as appropriate, but shall not be limited to, the following considerations:
Adequacy, arrangement, and location of vehicular access and circulation, including
intersections, road widths, pavement surfaces, off-street parking and loading areas,
and traffic controls.
2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and
circulation, control of intersections with vehicular traffic, and appropriate provisions
for handicapped persons.
Adequacy, location, arrangement, size, design, and general site compatibility of
buildings, lighting, signs, open spaces, paved areas, outdoor waste disposal facilities,
and contiguity of open spaces.
4. Adequacy, type, and arrangement of trees, shrubs, and other landscaping, including
those on site and those constituting a visual and/or noise -deterring buffer between the
applicant's and adjoining lands, including the retention of existing vegetation of value
to the maximum extent possible.
In the case of a residential property, and in the case of other properties where
appropriate, the adequacy and utility of open space for playgrounds and for infonnal
recreation.
6. Compatibility ofthe proj ect with the surrounding neighborhood, including protection
of adjacent properties and the general public against noise, glare, unsightliness, or
other objectionable features.
Adequacy of storm water, drainage, water supply, sewage disposal facilities and other
community infrastructures and services.
Adequacy of fire lanes and other emergency provisions.