HomeMy WebLinkAbout1954-1966 Zoning OrdinanceZONING ORDINANCE
TOWN OF ITHACA, NEW YORK
EFFECTIVE — OCTOBER 25, 1954
CAS AMENDED TO
May 13, 1966
For the purpose of promoting t e - ealth, safety, morals or the gen-
eral welfare of the community, and to lessen congestion in the streets,
to secure safety from fire, panic and other dangers, to provide adequate
light and air, to prevent the overcrowding of land, to avoid undue con-
centration of population, to facilitate the adequate provision of trans-
portation, water, sewerage, schools, parks and other public requirements,
under and pursuant to the Laws of the State of New York, the size of
buildings and other structures, the percentage of lot that may be occupied,
the size of yards, the density of population, and the location and use of
buildings, structures and land for trade, industry, residence or other
purposes, are hereby restricted and regulated as hereinafter provided.
ARTICLE I
SECTION 1. Definitions. For the purpose of this ordinance certain
words and terms shall have the following meaning unless the context
otherwise requires.
1. Words used in the present tense include the future; the singular
number includes the plural, and the plural the singular; the word "build-
ing" includes the word "structure"; and the word "occupied" includes
the words "designed or intended to be occupied"; the word "used" in-
cludes the words "arranged, designed or intended to be used"; and the
word "he" includes "it" and "she".
2. A "lot" is a parcel of land which may be occupied by one or more
principal buildings and the accessory buildings for uses customarily inci-
dent to it, including such open spaces as are used in connection with such
buildinggs.
3. A "lot line" is property boundary of a lot.
4. The "lot area" shall not include any portion of a public highway
right of way that may be included within deed description of the lot.
6. A "dwelling" is a building designed or used exclusively as the
living quarters for one or more families.
7. A "dwelling unit" is a dwelling, or portion of a dwelling, providing
complete living facilities for one family.
8. A "one -family dwelling" is a detached building designed for use
and in fact used for residential purposes by a single family.
9. A "two-family dwelling" is a detached buildingdesigned for use
and in fact used for residential purposes by two families only.
10. A "multiple -family dwelling" is a building or group of buildings
on one lot containing separate dwelling units for three or more families.
12. A "tourist house" is a building originally built and used as a
dwelling other than a hotel or motel in which accommodations for tran-
sients are offered for compensation.
13. A "hotel or motel" is a building containing rooms designed and
originally planned to be rented or hired out for living or sleeping accom-
modations for transient occupancy.
14. A "clubhouse or lodge" is a building or premises used exclusively
by members of an organization and their guests which premises or build-
ings are devoted to recreational or athletic purposes, not primarily con-
ducted for gain. It excludes commercial and merchandising activities
for other than its own membership.
15. A "hospital' is an establishment for temporary occupation by
the sick or injured for the purpose of medical treatment, but does not
include an establishment for permanent occupation by the poor, infirm,
incurable or insane.
16. A "nursing or convalescent home" is a building other than a
hospital where sick or infirmed persons are lodged, furnished with meals
and nursing care for hire, except persons who are mentally ill, mentally
deficient, drug addicts or alcoholic patients.
17. A "front yard" is the open space between the street right of way
line and the front line of the principal building, exclusive of overhanging
eaves and other permissible projections, extended to the side lines of
the lot.
18. A "rear yard" is the open space between the rear lot line and the
rear line of the principal building, exclusive of overhanging eaves and
other permissible projections, extended to the side lines of the lot.
19. A "side yard" is the open space between the principal building,
exclusive of overhanging eaves and other permissible projections, and a
side lot line and extending through from the front yard to the rear yard.
20. An "accessory building" is a building subordinate and clearly
incidental to the principal building on the same lot and used for purposes
customarily incidental to those of the principal building.
21. "Storage" is the outdoor accumulation or laying -up of manu-
factured products or raw materials, or the keeping of one or more pieces
of movable equipment other than pleasure automobiles.
22. A "non -conforming use" is a use of land existing at the time of
enactment of this ordinance and its amendments which does not conform
to the zoning regulations of the district in which it is situated.
23. A "farm" is any parcel of land containing at least 3 acres which
is used in the raising of agricultural products, such as crops, livestock,
poultry, and dairy goods. It includes structures necessary to the pro-
duction and storage of agricultural products and equipment.
24. A "street line" is the limit of the right of way of a street, road
or highway. Where the word street appears this also means highway or
road.
2
25. A "flashing sign" is any illuminated sign on which the artificial
light is not maintained stationary and/or constant in intensity and color
at all times.
26. A "clinic" is a building or any part of a building which is used
for the group practice of medicine by several physicians in which certain
facilities other than reception are shared by the occupants and in which
patients are diagnosed or treated by physicians specializing in various
ailments and practicing as a group.
27. A "parking space" is an area for the temporary parking of an
automobile 180 square feet in size exclusive of the parking lot circulation
areas.
ARTICLE 11
ESTABLISHMENT OF DISTRICTS
SECTION 2. Districts. For the purpose of this ordinance the Town
of Ithaca is hereby divided into 12 types of districts as follows
Residence Districts R 9
Residence Districts R 15
Residence Districts R 30
Multiple -Residence Districts
Agricultural Districts
Business Districts A
Business Districts B
Business Districts C
Business Districts D
Business Districts E
Light Industrial Districts
Industrial /761
I Districts ial I
i Said districts are set forth on the map accompanying th ordinance
entitled Zone Map, dated July 1, 1954, as amended to *", and signed
by the Town Clerk. Said map and all explanatory matter thereon and
amendments thereto are hereby made a part of this ordinance.
SECTION 3. District Boundaries. Where uncertainty exists with
respect to the exact boundaries of the various districts as shown on the
Zone Map, the following rules shall apply.
1. The district boundaries are lot lines unless otherwise shown, and
where the designation on the Zone Map indicates a boundary approxi-
mately upon a lot line, such lot line shall be construed to be the boundary.
2, Distances shown on the Zone Map are perpendicular or radial
distances from street lines measured back to the zone boundary line,
which lines, in all cases where distances are given, are parallel to the
street line.
3. Where the boundary of a district follows a stream, lake, or other
body of water, said boundary line shall be deemed to be at the limit
of the jurisdiction of the Town of Ithaca, unless otherwise designated.
4. In other cases the boundary line shall be determined by use of
the scale on the Zone Map.
5. Any lands existing in the Town of Ithaca which are unzoned at
the time of the adoption of this amendment, and any lands hereafter
added to the Town of Ithaca by annexation or otherwise, are hereby
zoned Residence District R 15. Any such after -acquired lands shall be
automatically zoned Residence District R 15 upon such acquisition,
except that such lands may be thereafter rezoned to any other zone,
notwithstanding the provisions of Section 31.
ARTICLE III
RESIDENCE DISTRICTS R 9
SECTION 4. Use Regulations. In Residence Districts R 9 no
building shall be erected or extended and no land or building or part
thereof shall be used for other than any of the following purposes.
1. A one family dwelling.
2. A two family dwelling, provided that the second dwelling unit
excluding not exceed 50% of the floor area excludinthe basement , of the
primary dwelling unit except where the second dwelling unit is con-
structed entirely �_wi thin the basement area, it may exceed 50%.
3. Church or other places of worship; convent and parish house.
4. Public library, public museum, public, parochial and private
schools, nursery school, fraternity or sorority houses, and any institution
of higher learningincluding dormitory accommodations, upon special
approval of the oard of Zoning Appeals. The application for such
approval shall be referred to the Planning Board and no final action
shall be taken until the Planning Board has submitted its report or has
failed to submit a report within 30 days.
5. Publicly owned park or playground including accessory buildings
and improvements.
6. Fire station or other public building necessary for the protection
of or the servicing of a neighborhood.
7. Golf course, except a driving range or miniature golf course
provided that no building shall be l nearer than 100 feet from any lot
line.
8. Garden, nursery, or farm except a hog farm where the principal
food is garbage. Sale of farm and nursery products shall be subject to
the provisions of Section 4, Subdivision 13. Usual farm buildings are
permitted, provided that:
a. Any building in which farm animals are kept shall
be at least MO feet from any lot line or street right
of way.
b. No manure shall be stored within 100 feet of any
lot line or street right of way.
9. Any municipal or public utility purpose necessary for the mainte-
nance of utility services except that substations and similar structures shall
be subject to the same set -back requirements as apply to residences in
the district in which the substations or similar structures are constructed.
10. Rooming houses, tourist houses, but only on special approval of
the Board of Appeals.
11. Hospital provided that no building so used shall be within 100
feet of any street or within 150 feet of the lot line of any adjoining owner,
and only upon special approval of the Board of Zoning Appeals.
4
12. Nursing or convalescent homes, or medical clinics but only upon
special approval of the Board of Appeals.
13. Cemetery and the buildings and structures incident thereto, but
only upon special approval of the Board of Appeals.
14. A roadside stand or other structure for the display and sale of
farm or nursery products incidental to farming and as a seasonal con-
venience to the owner or owners of the land. Any such stand shall be
located a minimum of 15 feet from the street line, in such a manner as
to permit safe access and egress for automobiles, and parking off the
highway right of way.
15. Clubhouse or lodge, provided that no building so used shall be
within 100 feet of any street or within 150 feet of the lot line of an ad-
joining owner and only upon the special approval of the Board of Appeals.
16. Not more than 2 signs in connection with each of the above
uses, provided that such signs shall be on the lot and shall not exceed 4
square feet in area, and further provided that any illumination thereof
be so shielded that it illuminates only said sign.
SECTION S. Accessory Uses. Permitted accessory uses in Residence
Districts R 9 shall include the following:
1. The office of a resident doctor, dentist, musician, engineer,
teacher, lawyer, artist, architect or member of other recognized profes-
sion, or quasi -profession where such office is a part of the residence
building, provided that not more than 3 additional persons not residing
on the premises may be employed.
2. A customary home occupation, such as dressmaking, hair dressing,
laundering, home cooking; carpentry, electrical, and plumbing work or
similar manual or mechanical trade; operated solely by a resident of the
dwelling, provided that no additional persons not residing on the premises
may be employed therein and that no goods or products are publicly
displayed or advertised for sale, that there be no outside storage, and
that no noise, dust, disorder, or objectionable odor is experienced be-
yond the immediate property where such use is conducted. The above
mechanical trades to be conducted in the basement of the dwelling or
in a garage area not to exceed 200 square feet.
3. Off-street garage or parking space for the occupants, users and
employees in connection with uses specified under Section 4, but subject
to provisions of Section 45 and Section 69.
4. A temporary building for commerce or industry, where such build-
ing is necessary or incidental to the development of a residential area.
Such building may not be continued for more than one year except upon
special approval of the Board of Appeals.
S. Accessory buildings subject to provisions of Section 6.
6. The keeping of domestic animals or fowl in accessory buildings,
provided that no such building shall be nearer than 30 feet to any lot
line of any adjoining owner, and further provided that there shall be
no raising of fur -bearing animals, keeping of horses for hire, or kennels
for more than 3 dogs over 6 months old.
7. Not more than one sign in connection with an accessory use pro-
vided that such sign shall be on the lot, shall not be illuminated, and
shall not exceed one square foot in area.
G
SECTION 6. Accessory Buildings. In Residence Districts R 9
accessory buildings other than garages may not occupy any open space
other than a rear yard. Any accessary building may occupy not more
than 40 per cent of any required rear yard and shall be not less than 3
feet from any side or rear lot line, except that a private garage may be
built across a common lot line with a party wall by mutual agreement
between adjoining property owners. An accessory building on a corner
lot shall not be less than 5 feet from the rear lot line. Accessory buildings
shall in no case exceed 15 feet in height. Where the average natural
slope of a lot exceeds 8 per cent rise or fall directly from the street line,
a private garage not over one story in height and housing not in excess
of two cars may be located in the front or side yard not less than 5
feet from said street line upon special approval of the Board of Appeals.
SECTION 7. Yard Regulations. In Residence Districts R 9, yards
of at least the following dimensions are required:
Front yard —not less than average depth of the front yards
of buildings on lots immediately adjacent. However, the front
yard depth, set -back, shall not be less than 25 feet nor need it
be greater than 50 feet from the street line except where other-
wise specified.
Rear Yard —not less than 30 feet in depth.
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. When the height of
the building exceeds 30 feet, each side yard must be equal to
half the total height of the building.
Special.yard requirements for specific uses as established by Section
4 are required.
SECTION 8. Building Coverage. No buildings or building on
a lot, including accessory buildings, shall be erected, altered, or extended
to cover more than 25 per cent of the lot area.
Projections described in Section 42 are not to be included in com-
puting the percentage.
SECTION 9. Size of lot. Lot sizes in Residence Districts R 9 shall
meet the following depths and widths at the front yard set -back.
1. When no public water or sewer is available, the minimum width
shall be 100 feet and the minimum depth 150 feet.
2. When public water or sewer is available, the minimum width
shall be 80 feet and the minimum depth 150 feet except that the depth
may be reduced to a minimum of 120 feet provided that the lot area
shall be not less than 12,000 square feet.
3. When both public water and sewers are available, the minimum
width shall be 60 feet and the minimum depth shall be 150 feet except
that the depth may be reduced to a minimum of 120 feet provided that
the lot area shall not be less than 9,000 square feet.
SECTION 10, Special Properties. In the case of publicly owned
properties, properties of universities, colleges, cemeteries, or other pri-
6
vate institutions, located in Residence Districts R 9, which comprise at
least 6 acres in area and are traversed by interior roads or driveways, the
front and side yard requirements of Section 7 shall apply only along the
exterior public street frontages and there shall be no rear yard require-
ments.
ARTICLE IV
RESIDENCE DISTRICTS R 15
SECTION 11. Use Regulations. In Residence Districts R 15 no
building shall be erected or extended and no land or building or part
thereof shall be used for other than any of the following purposes:
1. A one family dwelling.
2. A two family dwelling, provided that the second dwelling unit
shall not exceed 50 of the floor area excluding the basement of the
primary dwelling unit except where the second dwellingg unit is con-
structed entirely within the basement area, it may exceed 50%.
3. Church or other place of worship, convent and parish house.
4. Public library, public museum, public, parochial and private
schools, nursery school, and any institution of higher learning including
dormitory accommodations upon special approval of the Board of Ap-
peals. The application for such approval shall be referred to the Planning
Board and no final action shall be taken until the Planning Board has
submitted its report or has failed to submit a report within 30 days.
5, Publicly owned park or playground including accessory buildings
and improvements.
6. Fire station or other public building necessary to the protection
of or the servicing of a neighborhood.
7. Golf course, except a driving range or miniature golf course, pro-
vided that no building shall be nearer than 100 feet from any lot line.
8. Any municipal or public utility purpose necessary to the mainte-
nance of utility services except that substations and similar structures
shall be subject to the same set -back requirements as apply to residences
in the district in which the substations or similar structures are con-
structed.
9. Not more than 2 signs in connection with each of the above uses,
provided that such signs shall be on the. lot and shall not exceed 4 square
feet in area, and further provided that any illumination thereof be so
shielded that it illuminates only said signs.
SECTION 12. Accessory Uses. Permitted accessory uses in Resi-
dence Districts R 15 shall include the following:
1. The office of a resident doctor, dentist, musician, engineer, teacher,
lawyer, artist, architect or member of other recognized profession or
quasi -profession where such office is a part of the residence building.
2. Off-street garage or parking space for the occupants, users and
employees in connection with uses specified under Section 11, but sub-
ject to provisions of Section 69..
3. A temporary building for commerce or industry where such build-
ing is necessary or incidental to the development of a residential area.
Such building may not be continued for more than one year except upon
special approval of the Board of Appeals.
7
4. Accessory building subject to provisions of Section 13.
5. Not more than 2 roomers.
6. A customary home occupation, such as dressmaking, hair dressing,
laundering, home cooking; carpentry, electrical, and plumbing work or
similar manual or mechanical trade; operated solely by a resident of the
dwelling, provided that no additional persons not residing on the premises
may be employed therein and that no goods or products are publicly
displayed or advertised for sale, that there be no outside storage, and
that no noise, dust, disorder, or objectionable odor is experienced beyond
the immediate property where such use is conducted. The above
mechanical trades to be conducted in the basement of the dwelling or in
a garage area not to exceed 200 square feet.
%. The keeping of household pets and family gardens.
8. The keeping of one horse if 2 acres of land are provided and one
additional horse for each additional acre, but not more than, a total of
three horses.
9. Not more than one sign in connection with an accessory use pro-
vided that such sign shall be on the lot, shall not be illuminated, and
shall not exceed one square foot in area.
SECTION 13. Accessory Buildings. In Residence Districts R 15
accessory buildings other than garage may not occupy any open space
other than a rear yard. Any accessory building may occupy not more
than 40 per cent of any required rear yard and shall be not less than 3 feet
from any side or rear lot line, except that a private garage may be built
across a common lot line with a party wall by mutual agreement between
adjoining property owners. An accessory building on a corner lot shall
not be less than 5 feet from the rear lot line. Accessory buildings shall
in no case exceed 15 feet in height. Where the average natural slope of
a lot exceeds 8 per cent rise or fall directly from the street line, a private
garage not over one story in height and housing not in excess of 2 cars
may be located in the front or side yard not less than 5 feet from said
street line on approval of the Board of Appeals.
SECTION 14. Yard Regulations. In Residence Districts R 15 yards
of at least the following dimensions are required:
Front Yard —not less than the average depth of the front
yards of buildings on lots immediately adjacent. However, the
front yard depth shall not be less than 25 feet or need it be
greater than 50 feet except as otherwise specified.
Rear Yard —not less than 30 feet in depth.
Side Yards —each not less than 15 feet in width, except
that in one of the side yards, a one-story garage, either attached
to the principal building or separate therefrom, may be 10 feet
from a side line which is not a street line. When the height of a
building exceeds 30 feet each side yard must be equal to two-
thirds the total height of the building.
Special yard requirements for specific uses as established by Section
11 are required.
SECTION 15. Building Coverage. No building or buildings on a
lot, including accessory buildings, shall be erected, altered, or extended
to cover more than 20 per cent of the lot area.
Projections described in Section 66 are not to be included in com-
puting the percentage.
SECTION 16. Size of lot. Lot sizes in residence districts shall meet
the following depths and widths at the front yard set -back.
L Minimum width of lots shall be 100 feet and the minimum depth
150 feet.
SECTION 17., Special Properties. In the case of publicly owned
properties, properties of universities, colleges, cemeteries, or other pri-
vate institutions, located in Residence Districts R 15, which comprise at
least 6 acres in area and are traversed by interior roads or driveways, the
front and side yard requirements of Section 14 shall apply only along
the exterior public street frontages and there shall be no rear yard re-
quirements.
ARTICLE V
RESIDENCE DISTRICTS R 30
SECTION 18. Use Regulations., In Residence Districts R 30 no
building shall be erected or extended and no land or building or part
thereof shall be used for other than any of the following purposes.
1. One family dwellings.
2. A two family dwelling, provided, that the second dwelling unit
shall not exceed 50% of the floor area excluding the basement of the
primary dwelling unit except where the second dwellin it is con-
structed entirely within the basement area, it may exceed 0%.
3. Church or other places of worship, convent and parish house.
4. Public library or public museum, public, parochial and private
schools, nursery school, and any institution of higher learning including
dormitory accommodations by approval of the Board of Appeals. The
application for such approval shall be referred to the Planning Board and
no final action shall be taken until the Planning Board has submitted its
report or has failed to submit a report within 30 days.
5. Publicly owned park or playground including accessory buildings
and improvements.
6. Fire station or other public building necessary to the protection
of or the servicing of a neighborhood.
7. Golf course, except a driving range, or a miniature golf course,
provided that no, building shall be nearer than 100 feet from any lot line.
8. Garden, nursery, or farm, except a hog farm where the principal
food is garbage. Sale of farm and nursery products shall be subject to
the provisions of Section 18, Subdivision 13. Usual farm buildings are
permitted, provided that:
a. Any building in which farm animals are kept shall
be at least 100 feet from any lot line or street right
of way.
b. No manure shall be stored within 100 feet of any
lot line or street right of way.
9
9. Any municipal or public utility purpose necessary to the main-
tenance of utility services except that substations and similar structures
shall be subject to the same set -back requirements as apply to residences
in the district in which the substations or similar structures are con-
structed.
10. Hospital, provided that no building so used shall be within 100
feet from any street or within 150 feet of the lot line of any adjoining
owner and only upon special approval of the Board of Appeals.
11. Nursing or convalescent homes, or medical clinics, but only upon
special approval of the Board of Appeals.
12. Cemetery and the building and structures incident thereto, but
only upon special approval of the Board of Appeals.
13. A roadside stand or other structure for the display and sale of
farm or nursery products incidental to farming and as a seasonal con-
venience to the owner or owners of the land. Any such stand shall be
located a minimum of 15 feet from the street line, in such a manner as
to permit safe access and egress for automobiles, and parking off the
highway right of way.
14. Clubhouse or lodge, provided that no building so used shall be
within 100 feet of any street or within 150 feet of the lot line of an
adjoining owner and only upon special approval of the Board of Appeals.
15. Not more than 2 signs in connection with each of the above uses,
provided that such sign shall be on the lot and shall not exceed 4 square
feet in area, and further provided that any illumination thereof be so
shielded that it illuminates only said sign.
SECTION 19. Accessory Uses. Permitted accessory uses in Resi-
dence Districts R 30 shall include the following:
1. Office of a resident doctor, dentist, musician, engineer, teacher,
lawyer, artist, architect or member of other recognized profession and
quasi -profession where such office is a part of the residence building
provided that not more than 3 additional persons not residing on the
premises may be employed.
2. A customary home occupation, such as dressmaking, hair dressing,
laundering, home cooking; carpentry, electrical, and plumbing work or
similar manual or mechanical trade; operated solely by a resident of the
dwelling, provided that no additional persons not residing on the premises
may be employed therein and that no goods or products are publicly
displayed or advertised for sale, that there be no outside storage, and
that no noise, dust, disorder, or objectionable odor is experienced beyond
the immediate property where such use is conducted. The above
mechanical trades to be conducted in the basement of the dwelling or in
a garage area not to exceed 200 square feet.
3. Off-street garage or parking space for the occupants, users and
employees in connection with uses specified under Section 18, but sub-
ject to provisions of Section 45 and Section 69.
4. A temporary building for commerce or industry, where such build-
ing is necessary or incidental to the development of a residential area.
Such buildings may not be continued for more than one year except upon
special approval of the Board of Appeals.
5. Accessory buildings subject to provisions of Section 20.
6. Not more than 2 roamers.
10
7. The keeping of domestic animals or fowl in accessory buildings,
provided that no such building shall be nearer than 30 feet to any lot
line of any adjoining owner, and further provided that there shall be
no raising of fur -bearing animals, keeping of horses for hire, or kennels
for more than 3 dogs over 6 months old.
8. Not more than one sign in connection with an accessory use
provided that such sign shall be on the lot, shall not be illuminated and
shall not exceed one square foot in area.
SECTION 20. Accessory Buildings. In Residence Districts R 30
accessory buildings other than garages may not occupy any open space
other than a rear yard. Any accessory building may occupy not more than
30 per cent of any required rear yard and shall be not less than 3 feet from
any side or rear lot line, except that a private garage may be built across
a common lot line with a party wall by mutual agreement between ad-
joining property owners. An accessory building on a corner lot shall
not be less than 5 feet from the rear lot line. Accessory buildings shall in
no case exceed 15 feet in height. Where the average natural slope of a
lot exceeds 8 per cent rise or fall directly from the street line, a private
garage not over one story in height and housing not in excess of 2 cars
may be located in the front of side yard not less than 5 feet from said
street line upon special approval of the Board of Appeals.
SECTION 21. Yard Regulations. In Residence Districts R 30 yards
of at least the following dimensions are required.
Front Yard —not less than the average depth of the front
yards of buildings on lots immediately adjacent. However, the
front yard depth shall not be less than 30 feet or need it be
greater than 60 feet.
Rear Yard —not less than 50 feet in depth.
Side Yards —each not less than 40 feet in width, except that
in one of the side yards, a one-story garage, either attached to
the principal building, or separate therefrom, may be 15 feet
from a side line which is not a street line. When the height of
the building exceeds 30 feet each side yard must be equal to the
total height.
Special yard requirements for specific uses as established by Section
18 are required.
SECTION 22. Building Coverage. No building or buildings on a
lot, including accessory buildings, shall be erected, altered or extended
to cover more than 10 per cent of the lot area.
Projections described in Section 66 are not to be included in com-
puting the percentage.
SECTION 23. Size of lot. Lot sizes in residence districts shall
meet the following depths and widths at the front yard set -back.
1. Minimum lot area: 30,000 square feet.
2. Minimum width of lots shall be 150 feet and the minimum
depth 200 feet.
11
SECTION 24. Special Properties. In the case of publicly owned
properties, properties of universities, colleges, cemeteries, or other private
institutions, located in Residence Districts R 30, which comprise at least
6 acres in area and are traversed by interior roads or driveways, the
front and side yard requirements of Section 21 shall apply only along
the exterior public street frontages and there shall be no rear yard re-
quirements.
ARTICLE VI
MULTIPLE RESIDENCE DISTRICTS
SECTION 25, Location. With the approval of the Town Board, a
Multiple Residence District may be established in any Residence or
Agricultural District of the Town.
SECTION 26. Use Regulations. In Multiple Residence Districts
no building shall be erected or extended and no land or building or part
thereof shall be used for other than any of the following purposes:
One family, two family and multiple family dwellings, grouped
so as to provide living quarters for a minimum of 3 families.
SECTION 27. Accessory Uses. Permitted Accessory Uses in Mul-
tiple Residence Districts shall .include the following:
1. Automobile parking and garages, subject to the further require-
ments of this section.
2. Structures or use of open land for recreation, intended for resi-
dents of the Multiple Residence Districts.
3. Such uses as may be necessary for home -making activities, such
as drying yards or structures in which laundry facilities are maintained
but any such use must be limited to residents of the Multiple Residence
Districts.
SECTION 28. Area, Yard, Coverage and Height Requirements shall
be as follows:
L Area: a minimum tract of one acre is required for the development
of a Multiple Residence District. Said tract must contain at least 2,500
square feet of gross lot area for each dwelling unit to be constructed.
2. Yards and Courts:
Front Yard: not less than 50 feet.
Side Yards: not less than the height of the nearest structure.
Rear Yards. not less than twice the height of the nearest
structure.
Courts: shall be completely open on one side, with a width
not less than the height of the tallest opposite structure and
a depth not more than 1 V2 the width.
3. Spaces between buildings: The distance between any two struc-
tures shall be no less than the average height of both.
4. Building Coverage: No building, including accessory buildings,
shall be erected or altered to cover more than 30 per cent of the lot area..
5. Height: All structures shall conform in height with other struc-
tures in the vicinity; provided however, that no structure shall exceed
2 stories on the road side.
12
SECTION 29. Special requirements shall be as follows:
1. Parking: One garage or lot parking space shall be provided for
each "Dwelling Unit", plus one additional lot space for every 3 dwelling
units. No parking shall be located further than 200 feet from the dwelling
unit it is intended to serve, nor shall any parking be allowed in any
front yard or required side or rear yard. Parking lots shall be surfaced
with black -top, compacted gravel, or other dust -free material, and must
be graded so as to drain properly.
2. Access and Sidewalks: Access drives shall be paved with black-
top, concrete, or other solid material. Driveways and walkways shall
provide safe access, egress and traffic circulation within the site. The
placement, size and arrangement of access to public ways shall be subject
to the approval of the appropriate highway authority. Where density
of population or school bus routes make it necessary, the applicant shall
install sidewalks, with the approval of the appropriate highway authority.
3. Recreation: The applicant shall provide recreation areas for
children on the premises, in such amount as may be necessary to pro-
tect the health, safety and general welfare of the children and residents
in the district.
4. Screening of waste and refuse: no waste or refuse shall be placed
outside any building in the Multiple Residence District except under the
following conditions: an area common to all buildings, or a separate area
for each building shall be reserved at the rear of the structure or struc-
tures. 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.
SECTION 30. Site Plan Approvals. No building permit shall be
issued for a building within a Multiple Residence District unless the
proposed structure is in accordance with a site plan approved pursuant
to the provisions of Article IX.
ARTICLE VII
BUSINESS DISTRICTS
SECTION 31. Location: With the approval of the Town Board,
Business Districts "A", "B", "C", "D", and "E" may be established in
any district of the Town, except that Business Districts "C" and "D"
shall not be permitted in a Residence District R 15.
SECTION 32. Business Districts "A". Permitted uses in a Business
District "A" shall be the following:
1. Retail food store
2. Business or professional offices
3. Bank or other financial institution
4. Bookstore
5. Drug store
6. Hardware store
7. Package liquor store
8. Smoke shop
9. Utilities
13
SECTION 33. Business Districts "B' .. Permitted uses in a Business
District "B" shall be the following:
1. Any of the uses permitted in Business District "A"
2. Barber
3. Dry cleaning pick-up station
4. Florist
S. Beauty Parlor
6. Hand or coin operated laundry
7. Nursery
8. Milliner
9. Greenhouse
10. Retail stores, except automobile sales agencies
11. Shoeshiner, shoemaker and repairer
12. Tailor
13. Telegraph and telephone office
14. Any municipal or public utility purpose necessary to the main-
tenance of utility services
15. Fire station or other public building necessary to the protection
of or servicing of a neighborhood
16. Public library
SECTION 34. Business Districts "C". Permitted uses in a Business
District "C" shall be the following:
1. Any of the uses permitted in Business Districts "A" and "B"
2. Automobile sales agency, provided that the display of auto-
mobiles and accessories is conducted entirely within a building
3. Theatre, skating rink, bowling alley, dance hall, where the
activity involved is conducted exclusively inside a building
provided that such place of business shall be located at least
200 feet from a residence district
4. Building supply
S. Dry cleaner
6. Dyer
7. Electrical shop
8. Glass shop
9. Heating shop
10. Monument works
11. Plumbing shop
12. Printer
13. Restaurant or other place for the serving of food. If alcoholic
beverages are served, the place of business shall be located at
least 500 feet from an adjacent school or church or 150 feet
from a residence district
14. Hotel or motel
15. Clubhouse or lodge, provided that no building so used shall be
within 100 feet of any street or within 150 feet of the lot line
of an adjoining owner and only on the approval of the Board
of Appeals
16. Boat harbor and marina
17. Appliance sale and service
18. Ambulance Service
19. Arts and craft studio
14
20. Bicycle sale and repair
21. Caterer
22. Confectioner
23, Decorator
24. Dressmaker
25. Furrier
26. Optician
27. Photographer
28. Refrigeration sale and repair
29. Undertaker
30. Upholsterer
SECTION 35. Business Districts "D". Permitted uses in a Business
District "D" shall be the following:
1. Gasoline sales station or garage for repairs, provided that all
servicing of vehicles shall take place on private property, and that no
repair work, except short-term emergency repairs, be carried on out-of-
doors. Such uses are subject further to Section 71 and Section 54.
SECTION 35A. Business District "E". Permitted uses in Busi-
ness District "E" shall be the following:
1. Restaurant or other place for the serving of food. If alcoholic
beverages are served, the place of business shall be located at least 500
feet from an adjacent school or church or 150 feet from a residence district.
2. Hotel or motel.
3. Club House or Lodge, provided that no buildings so used shall
be within 100 feet of any street, or within 150 feet of the lot line of an
adjoining owner and only on the approval of the Board of Appeals.
4. Boat Harbor and Marina.
SECTION 36. Permitted Accessory Uses in Business Districts
"B", "C", "D", and "E" shall be the following:
1. Automobile parking and off-street loading areas, subject to the
further requirements of this article.
2. Accessory storage buildings, but not to include outside storage.
3. Signs, subject to the further requirements of this section.
4. The dwelling of a guard, caretaker or custodian but not more
than one dwelling unit per building.
SECTION 37., Area, Yard, and Height Requirements shall be the
following:
1. Area: a minimum tract of 2 acres is required for the develop-
ment of a Business District.
2. Yards: front yards —not less than 30 feet.
Side Yards —none required where a party wall is constructed
but not less than 20 feet from any structure to a side property line.
Rear Yard —not less than 30 feet.
3. Height: all structures shall conform in height to other structures
in the vicinity; no structure shall exceed 2 stories in height.
SECTION 38. Special Requirements shall be the following:
1. Parking. a minimum of 300 square feet of parking area, including
lanes and driveways, shall be provided for each 100 square feet of floor
15
area, excluding basements used for storage, except in the case of the fol-
lowing uses, for which off-street parking shall be provided in accordance
with the following schedule:
Office or bank building: one space for each 200 square
feet of office or bank floor area.
Auditorium, stadium, theatre, or other place of public
assembly; funeral home or mortuary; or restaurant:
one space for each 5 seats.
Bowling alley: three spaces for each lane.
Retail store: one space for each 200 square feet of
ground floor plus one space for each 500 feet of sales
area on all other'floors combined.
Hotel, motel: one space for each guest room, which
space must be available at night.
Skating rink and dance hall parking spaces equal in
number to 20 per cent of the capacity in persons shall
be provided.
Apartment: one parking space for each dwelling unit.
There shall be no parking in any required front, side or rear yard.
Parking lots shall be surfaced with black -top, stone or other material that
does not produce dust and shall be graded so as to drain properly.
2. Off-street loading: no less than one off-street loading space
shall be required for each 20,000 square feet of floor area, including
basement.
3. Access and Sidewalks: Access drives shall be paved with black-
top, concrete, or other solid material, and, if business is to be carried
on in the evening, shall be adequately lighted. No lights shall be placed
so as to reflect in an objectionable manner on adjoining residential prop-
erties 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 ap-
proval of the appropriate highway authority. Where density of popula-
tion or school bus routes make it desirable, sidewalks shall be installed
with the approval of the appropriate highway authority.
4. Signs: no flashing signs, or signs illuminated so as to reflect
on adjoining residential properties or public streets in an objectionable
manner shall be allowed.
5. Buffer areas and screening: no structure shall be placed nearer
than 50 feet from any residence district and 25 feet from an agricultural
district. A strip at least 10 Meet wide shall be suitably planted to screen
a Business District from present or future residences, or a suitable screen-
ing fence shall be erected. No waste or refuse shall be placed outside any
building in a Business District except under the following conditions:
an area common to all businesses, or a separate area for each business
shall be reserved at the rear of the structure or structures. These areas
shall contain bins, or other receptacles adequate to prevent the scattering
of waste and refuse, and shall be planted or fenced so as to be screened
from the public view. No refuse shall be burned on the premises.
6. Landscaping, fencing and screening shall be provided in any
area where the proposed structure or use would create a hazardous con-
dition or would detract from the value of neighboring property if such
landscaping, fencing or screening and safety were not provided.
16
7. In the event that any of the uses permitted in Business Districts
"C" involve auxiliary, small-scale assembly, repair, processing or fabri-
cation, such activity shall take place only in connection with products
or services offered for immediate sale or direct service to customers on
the premises, and further provided that no objectionable noise, smoke,
odor, vibration or disorder created thereby shall be experienced beyond
the lot lines of said businesses.
8.. Displays: in Business Districts "A", "B", "C" and "E" no outside
displays shall be permitted.
SECTION 39. Site Plan Approvals. No building permit shall be
issued for a building or structure within a Business District unless the
proposed building is in accordance with a site plan approved pursuant to
the provisions of Article IX.
ARTICLE VIII
LIGHT INDUSTRIAL DISTRCTS
SECTION 40. Location. With the approval of the Town Board,
a Light Industrial District may be established in any district of the
Town except a Residence District'R 15.
SECTION 41. Permitted Principal Uses. The principal uses per-
mitted in a Light Industrial District shall be: industrial uses employing
electric power or other motor power, or utilizing hand labor for fabri-
cation or assembly.
SECTION 42. Any use shall be so operated as to comply with the
performance standards governing noise, smoke emissions, and odor here-
inafter set forth.
1. Noise. At no point on the boundary of a Residence, Multiple Resi-
dence or Business District shall the sound pressure level of any individual
operation or plant, other than the operation of motor vehicles or other
transportation facilities, exceed the decibel levels in the designed octave
bands shown below for the districts indicated,.
Along Business
District Boundaries
Octave Band Along Residence, Multiple Residence Maximum Permitted
Cycles Per District Boundaries -Maximum Sound Level in
Second Permitted Sound Level in Decibels Decibels
1 to 75 72 79
75 to 150 67 74
150 to 300 59 66
300 to 600 52' 59
600 to 1200 46 53
1200 to 2400 40 47
2400 to 4800 34 41
above 4800 32 39
Sound levels shall be measured with a sound level meter and associ-
ated octave band filter manufactured according to standards prescribed
by the American Standards Association.
17
2. Smoke. The emission of any smoke from any source whatever to
a density greater than the density described as #2 on the Ringelmann
Chart is prohibited. The Ringelmann Chart as published and used by
the Bureau of Mines, U.S. Department of Interior, is hereby adopted and
made part of these regulations.
3. Odors. No use shall emit noxious, toxic, or corrosive fumes, gases,
or matter, in such quantities as to be readily detectable at any point
along the boundaries of the lot wherein it is located.
SECTION 43. Accessory Uses. Accessory uses permitted in a Light
Industrial District shall be the following:
L Automobile parking and off-street loading areas subject to the
further requirements of this article.
2. Accessory storage buildings, but not to include outside storage.
3. Signs, subject to the further requirements of this section.
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.
SECTION 44. Area, Yard, Coverage and Height Requirements
shall be as follows:
1. Area: a minimum tract of 10 acres is required for the develop-
ment of a Light Industrial District.
2. Yards: Front Yard —not less than 150 feet.
Side Yards —not less than 60 feet from any structure to a side
property line.
Rear Yards —not less than 50 feet.
3. Coverage: no principal building shall be erected or altered to
cover more than 30 per cent of the lot area.
4. Height: no structure shall exceed one story or 25 feet in height.
SECTION 45. Special Requirements shall be as follows:
1. Parking: a minimum of one parking space shall be provided for
each 3 employees. Parking shall not be located in any front yard. Park-
ing lots shall be surfaced with black -top, concrete, or other solid material
and shall be graded so as to drain properly.
2. Off-street loading: off-street loading areas in such amount as may
be necessary for the sizes and types of proposed industrial operations
shall be provided.
3. Access and Sidewalks: access drives shall be paved with black-
top, concrete, or other solid material, and if business is to be carried on
in the evening, shall be adequately lighted. No lights shall be placed so
as to reflect in an objectionable manner on adjoining residential prop-
erties 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 ap-
proval of the appropriate highway authority. Where density of popula-
tion or school bus routes make it desirable, the applicant shall install
sidewalks with the approval of the appropriate highway authority.
4. Signs: no more than 2 identifying signs may be constructed and
each shall be limited to 50 square feet in area No fliA;no, c;o-nQ nr a;otrnQ
18
illuminated so as to reflect on adjoining residential properties or public
streets shall be allowed. All signs shall be designed and located so as to
avoid the creation of traffic hazards and shall conform to the amenities
of the neighborhood.
5. Buffer areas and screening: no structure shall be placed nearer
than 50 feet from any residence or 25 feet from an adjoining Agricultural
District. A strip at least 10 feet wide shall be planted or suitably fenced
so as to screen the light Industrial District from present or future
residences.
6. Landscaping, fencing and screening shall be provided in any area
where the propose structure or use would create a hazardous condition
or would detract from the value of neighboring property if such land-
scaping, fencing or screening were not provided.
A A IA. K
11TICYX Flon Apnw-ml Eactisans
46. Before an application is submitted to thal
Town Board for esestmablingh—ment of a Multiple
ReAdence, Business "A", f
BO"2at
rk
and any other Secial LenUse Districts. the
establishme'at c0l` ,k,,,,,,"h,,f,ch"ey hereafter be
under this OrdinalMe, all hereinafter referred
to as "Districts", the applicant shall proceed
as follows:
1. The applicant will submit a —general,
site plan to the Planning Board which shall
also show property lines, including mates and
bounds streets, topography,
size and location of existing or proposed
structures, and the agplicdean, shall submit such
other plans cand inf'o7,,.*m,ation and any other
features deemed reasonably necessary by the
Flemning Board for adequate study of the pro,
posed plan.
2. The Planning Board may require
chnnges in the general site plan as ame naces-
saxy to meet the C.i
ance and may make any other recommendations
,which 1,t, deems necessary to promote the general�
health, safety, morals and the general welfare l�
of t;he corrirmn')Aty. The Planning Board shall
then adopt a resolution recommending either
4pproval, approval with molifications, o-r
disapproval of the proposed plan. Eefor,,,:�, on
such resolution Is adopted, the Planning B A!
shall hold a public hearl.ng sl-A,all
heard by the P]-anmil.-rig BoW vithin 30 day.
the filing of the general site plan wit],''i the
Ei
Planning Board, and euch haaring shall be
advertised in a newspaper of general Areal-
ation In the T,,no,,,�� of Ithaca at least five (91
days before such. hearlrpg. 11lie Board
shall make its recamrie,,ndatian within thirty
(3) days after the hearing and lwlne
same to the Town Clerk.
Tba Town Board shall then hold as public
hearing on the proposed district with the
same notice required by lox in the case of
amendment to the Zoning Ordinance. if the
Town Board such district after sud
hearing, it shall define the boundaries there-,
of, approve the general site plan and impose
any modifications and additional requirements
as it may else teznmi,,i,,�ez . E,Lef are finally MAIM"),
ing any such District, the Town Board may refe
the application to the Town Planning Board or
the Board of Zoning Appeals for such further
consideration as the Town Board may require.
No aa>noasaaaiail
permit shall, in any case, be
beals of a general site plan.
Section 46-a.1, After a Multiple Hesidenw,,
Business, Light Industrial or Industrial DOW-
rict, or any other Special Land Use District,
hen besn established by t1he Bo,r(I. and
ever —a specified development or changeB in the
general plan are proposed, a site plan for the
proposed use must and appro,),ed
by the Planning Board before a building paymit
may be issued. !rlais site plan shall shwa
property lines, Including metes and bounds,
adjacent public streets, topography, including
existing and proposed contours, size aw,l
location of structures, area and location of
parking, off-street loading and access drives,
proposed signs and lighting, proponed land-
scaping and any thefeatures Ceemed reason-
ably necessaxy by the Planning Board for adc
quate study of the proposed plan.
essing that may be noxious or injurious by reason -Vi-the emission i,f
dust, smoke, refuse matter, water carried waste, odor, gas, fumes noise
vibration, or similar substances or conditions may be permitted only
upon special approval of the Board of Appeals. Such industries as the
followin shall require such approval:
1. "fhe manufacture or refining of acid, alcohol, ammonia, asphalt,
tar and waterproofing materials, bleach,
chlorine,
celluloid, disinfectant,
exterminants and poisons, fertilizer, glue, lamp black, matches, oil cloth
and linoleum, paint, oil, shellac, turpentine and varnish, paper and pulp,
potash, pyroxylin, rubber and gutta percha, sauerkraut, shoe polish, and
creosote treatment or manufacture, stove polish, and garbage, offal, or
(lead animal reduction, hog farms and the tanning, curing and storage
of hides and skins.
2. Any of the following factories or works: arsenal, blast furnace,
boiler works, iron, steel, brass or copper foundry, metal ore, smelting,
planing mill, rolling mill and stockyards or slaughter house.
3.'The manufacture or refining of brick, tile and terra cotta, cement,
lime, gypsum and plaster; emery cloth and sandpaper; paving materials;
and the use of a coke oven or stone crusher.
4. The wrecking of automobiles, and the storage of used auto parts,
scrap metal, or junk, rags and paper, and iced building materials.
S. The manufacture or storage of explosives and gas, oil and other
inflammables or petroleum products.
SECTION 48. Performance Standards. Any use established in an
Industrial District shall be so operated as to comply with the performance
standards governin noise, smoke, emission and odor beinbefore set
forth in Article VAl, Section 42. No use already established on the
effective date of this ordinance shall be so altered or modified as to
conflict with the performance standards governing noise established
herein.
SECTION 49. Yard Regulations. In Industrial Districts no yards
are required except as provided in Sections 61 and 63.
20
SECTION 50. Special Requirements shall be as follows:
1. Parking: a minimum of one parking space shall be provided for
each 3 employees. Parking shall not be located in any front yard. Park-
ing lots shall be surfaced with black -top, concrete, or other solid material
and shall be graded so as to drain properly.
2. Off-street loading: off-street loading areas in such amount as
may be necessary for the sizes and types of proposed industrial operations
shall be provided.
3. Access and Sidewalks: access drives shall be paved with black -top,
concrete, or other solid material, and if business is to be carried on in
the evening, shall be adequately lighted. No lights shall be placed so as
to reflect in an objectionable manner on adjoining residential properties
or public streets. Driveways and walkways shall provide safe access,
egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval
of the appropriate highway authority. Where density of population or
school bus routes make it desirable, the applicant shall install sidewalks
with the approval of the appropriate highway authority.
4. Signs: no more than 2 identifying signs may be constructed and
each shall be limited to 50 square feet in area. No flashing signs, or
signs illuminated so as to reflect on adjoining residential properties or
public streets shall be allowed. All signs shall be designed and located
so as to avoid the creation of traffic hazards and shall conform to the
amenities of the neighborhood.
5. Buffer areas and screening: no structure shall be placed nearer
than 50 feet from any residence or 25 feet from an adjoining Agricultural
District. A strip at least 10 feet wide shall be planted or suitably fenced
so as to screen the Industrial District from present or future residences.
6. Landscaping, fencing and screening shall be provided in any area
where the proposed structure or use would create a hazardous condition
or would detract from the value of neighboring property if such land-
scaping, fencing or screening were not provided.
ARTICLE XI
AGRICULTURAL DISTRICTS
SECTION 51. Use Regulations. In Agricultural Districts buildings
and land may be used only for any lawful farm purpose, for a riding
academy or for any use permitted in a Residence District R 30. Other
provisions of this ordinance not withstanding, the following uses or activi-
ties shall not be permitted nearer to any Residence District than the
followin�gg specified distances:
1. Establishment for the raising of fur -bearing animals-1,000 feet.
2. Animal hospital, kennel, or place for the boarding of animals-
1,000 feet.
ARTICLE XII
NON -CONFORMING USES
SECTION 52. Continuation of Existing Lawful Uses. Except as
provided in Section 53, 54, 55, 56, and 73, any lawful use of land, or a
building or part thereof, existing at the time of this ordinance as amended,
21
may be continued, although such building or use does not conform to
the provisions thereof.
SECTION 53. Abandonment of Use. When a non -conforming use
has been abandoned for a period of at least one year, it shall not there-
after be re-established and the future use shall be in conformity with
the provisions of this ordinance, except that a non -conforming use that
ceases to operate because of a national emergency or because of govern-
ment restrictions, may be resumed within a period of one year from the
time that such emergency terminates or such restrictions are removed.
SECTION 54. Alterations. No non -conforming building or use shall
be extended except as authorized by the Board of Appeals.
SECTION 55. Changes. A non -conforming use may be changed
to another non -conforming useof the same or more restrictive classifica-
tion and when so changed to a more restrictive use, it shall not again be
changed to a less restrictive use. The order of the classification of re-
strictiveness from the most restrictive to the least restrictive shall be
as follows:
Residence District R 15
Residence District R 30
Residence District R 9
Multiple Residence District
Agricultural District
Business District "A"
Business District "B"
Business District "C"
Business District "D"
Business District "E"
Light Industrial District
Mustrial District
SECTION 56. Restoration. Nothing herein shall prevent the con-
tinued use and substantial restoration of a building damaged by fire,
flood, earthquake, act of God, act of the public enemy or catastrophe
within 6 months provided such damage constitutes an amount less than
75% of the replacement cost of such building. The time limit may be
extended by the Board of Appeals in cases of practical difficulty or un-
necessary hardship.
ARTICLE XIII
GENERAL PROVISIONS
SECTION 57. Existing Lots. Other provisions of this ordinance
not withstanding, nothing shall prohibit the use for a sin -ale family
dwelling of a lot of deed record at the time of the passage of , this ordi-
nance, as amended, of less than the required size of lot in any district
except an Industrial District, provided that all other provisions of this
ordinance are complied with.
SECTION 58, Building Floor Area. No dwelling in any district
shall be erected or altered so as to provide for less than 600 square feet
of net enclosed floor area.
22
SECTION 59. Trailers. Trailer camps or parks and trailers or
mobile homes for occupancy shall be prohibited in all districts except as
follows:
a. One mobile home may be placed on a vacant lot in a residence or
agricultural district for use as temporary housing during the construction
of a permanent dwelling on said lot for a period not to exceed 18 months,
unless such period be extended by permission of the Town Board, provided
that said trailer shall be occupied by the owner of record of said lot.
Said trailer must be removed upon the completion of construction
although the 18 month time limit may not have fully expired.
b. Upon special approval of the Zoning Board of Appeals to be re-
viewed each year, one mobile home for each property owner shall be per-
mitted in all agricultural and R-30 districts, provided that one of the
occupants of said mobile home shall be a full time agricultural employee
of the property owner or a bonafide agricultural student doing agricul-
tural work for the property owner.
SECTION 60. Junk or Salvage Yards. Any area used for the proc-
essing, storage, or sale of rags, scrap paper, scrap metal, or junk, including
automobile salvage yards or used automobile parts or building materials
salvage yards shall be completely enclosed by a substantial and solid
fence with openings only for ingress and egress. Such fence shall be at
least 6 feet high and shall be no nearer than 25 feet from any public
highway right of way line. There shall be no storage outside the fence.
Any such junk yards existing at the time of enactment of this ordinance
shall comply with these requirements within one year of such date.
SECTION 61. Front Yard Transition. Where an Industrial District
abuts a Residence District on a street line, there shall be provided for a
distance of 50 feet from the district boundary line into such Industrial
District, a front yard equal in depth to one-half the required front yard
in the Residence District.
SECTION 62. Side Yard on Corner Lot. On a corner lot in a
Residence or Business District, the yard width on the side street shall
be at least one-half the required front yard for adjoining properties on
the side street, but in no event less than 10 feet.
SECTION 63. Side and Rear Yard Transition. On every lot in a
Business or Industrial District that abuts directly on a Residence District,
there shall be provided a yard of at least 25 feet in width on such lot
along the line or lines where it abuts such Residence District.
SECTION 64. Porches and Carports. In determining the percentage
of building coverage or the size of yards for the purpose of this ordinance,
porches and carports, open at the sides but roofed, shall be considered
a part of the building.
SECTION 65. Fences and Walls. The provisions of this ordinance
shall not apply to fences, or walls not over 6 feet high above the natural
grade, nor to terraces, steps, unroofed porches, or other similar features
not over 3 feet high above the level of the floor of the ground story.
23
SECTION 65A., One sign, relating to the identification of new con-
struction may be erected in any district in the Town for a period not to
exceed one year provided it shall not be illuminated or exceed 32 square
feet in area, and shall conform to set back requirements in the district.
Upon approval of the Town of Ithaca Planning Board, such period
may thereafter be extended semi-annually.
SECTION 66. Projections in Yards. Every part of a required
yard shall be open from its lowest point to the sky unobstructed, except
for the ordinary projections of sills, belt courses, pilasters, leaders,
chimneys, cornices, eave and ornamental features, provided that no
such projection may extend more than 2 feet into any required yard.
Bays including their cornices and eaves, may extend not more than
2 feet into any required yard provided that the sum of such projections
on any wall shall not exceed one-third the length of such wall.
An open fire balcony or fire escape may extend not more than 4 feet
into any required yard.
SECTION 67. Reduction of Lot Area. Whenever a lot upon which
stands a building is changed in size or shape so that the area and yard
requirements of this ordinance are no longer complied with, such building
shall not thereafter be used until it is altered, reconstructed or relocated
so as to comply with these requirements. The provisions of this Section
shall not apply when a portion of a lot is taken for a public purpose.
SECTION 68. More than one building on a lot. When there is
more than one principal building on a lot in any district the space
between such buildings must be at least equal to the sum of the side
yards required by such buildings or the sum of the rear and the front
yards as the case may be.
SECTION 69. Parking Facilities. Every building housing or de-
signed to house more than 2 families shall provide in connection with it
and on the same lot garage space or off-street parking space for auto-
mobiles equivalent to the number of dwelling units provided in such
dwellings. No automobile parking area shall be included in any front
yard, except for a lot with a single dwelling, housing not more than 2
families.
The following uses shall be provided with off-street parking facilities:
1. School or other educational institutions-2 spaces for each class
room.
2. Hospital, sanitarium or nursing or convalescent home-1 space
for each 2 beds.
3. -Medical clinic-4 spaces for each doctor, or for each office in
which a medically -trained person is regularly in attendance, whichever
figure is larger.
4. Rooming house or tourist house-1 space for each room offered
to rent.
5. Fraternity or sorority house or membership club-1 space for
each 4 beds, or one space for each 5 members, whichever figure is larger.
SECTION 70. Extraction of Natural Products. In any district no
sod, loam, sand, gravel or stone shall be removed or offered for sale ex-
.24
cept in connection with a public work on the property or the removal of
silt or other recently accumlated material that blocks a normal flow of a
water course without the special approval of the Board of Appeals. In
applying for such approval, the applicant shall submit to the Board a plan
of the proposed project, showing property lines, and adjacent public ways,
grades and depths of proposed removal, soil types to be removed, and pro-
posed regrading and replanting of the property upon completion of the op-
eration. In considering the proposed use the Board shall take into account
the distance of the operation from neighboring property and public ways,
the possible detriment of such use to the future development of the land
in question, and the possible nuisance or detriment of the operation to
neighboring landowners and to the community as a whole. The Board
may impose such conditions upon the applicant as it deems necessary
to protect the general welfare of the community, which may include a
time limit upon operations, and the requirements that a performance
bond be posted to insure compliance with the requirements of this
ordinance and with any further reasonable conditions imposed by the
Board.
Any normal building operation in connection with a legal building
permit, such as excavation, filling, or grading, shall be excepted from the
provisions of this Section.
SECTION 71. Public Garages and Gasoline Sales Stations.
1. No part of any building used as a public garage or gasoline service
station and no filling pump, lift or other service appliance shall be erected
within 25 feet of any Residence District or in any required side yard.
2. No gasoline or oil pump, no oiling or greasing mechanism and
no other service appliance installed in connection with any gasoline sales
station or public garage shall be within 15 feet of any street line or
highway right of way line, and when so installed shall not be a viola-
tion of front yard requirements specified elsewhere in this ordinance.
SECTION 72. Approval of County Health Department. No build-
ing permit, trailer permit, or certificate of occupancy issued tinder the
terms of this ordinance shall become or remain valid unless the holder
thereof complied with rules and regulations of the Tompkins County
Health Department under the terms of the County Sanitary Ordinance.
SECTION 73. Abandoned Cellar Holes and Buildings. Within one
y i ear after work on any excavation for a building has begun, any excava-
tion for a building shall be covered over or refilled by the owner to the
normal grade. Any building substantially destroyed by any cause shall
be rebuilt or demolished within one year. Any excavation or cellar holes
remaining after the demolition or destruction of a building from any
cause shall be covered over or filled by the owner within one year.
ARTICLE XIV
ADMINISTRATION
SECTION 74. Enforcement. This ordinance shall be enforced by
a person designated by the Town Board who shall in no case, except
pursuant to written order of the Board of Appeals, grant any building
25
permit or certificate of occupancy for any building or premises where
the proposed construction, alteration or use thereof would be in viola-
tion of any provision of this ordinance.
SECTION 75. Permit to Build. No principal building or accessory
building, nor any other structure, including but not limited to, tanks,
power and pump stations, swim pools, and signs (except as permitted else-
where in this Ordinance), in any district, except an accessory building in an
agricultural district, shall be begun or enlarged without a Permit to Build
issued by the person designated by the Town Board. This waiver of the
building permit requirement in Agricultural Districts shall in no case
relieve the property owner from compliance with other provisions of this
ordinance. No such permit shall be issued, except pursuant to written
order of the Board of Appeals, where the proposed construction, alteration
or use would be in violation of any provision of this ordinance.
Every application for a building permit shall state in writing the
intended use of the building and shall be accompanied by a plot plan
with all dimensions shown indicating the size and shape of the lot and
buildings.
Unless there has been substantial progress in the work for which
a building permit was issued, said building permit shall expire one year
from the date of issue.
SECTION 76. Certificate of Occupancy. Each property owner
shall be responsible for compliance with all terms of this ordinance af-
fecting his property, including restrictions on change of use. Upon appli-
cations and inspection or explanation satisfactory to the person desig-
nated by the Town Board, such property owner shall be entitled to a
Certificate of Occupancy certifying that the occupancy or proposed
occupancy complied with this ordinance.
SECTION 77. Board of Appeals. There is hereby established a
Board of Appeals which shall function in the manner prescribed by law.
1. The members of the Board of Appeals shall be residents of the
Town of Ithaca and shall be appointed by the Town Board to serve for
terms as prescribed by law. Vacancies occurring in said Board by expi-
ration of term or otherwise shall be filled in the same manner.
2. The Board of Appeals shall choose its own chairman and vice-
chairman, who shall preside in the absence of the chairman. In the ab-
sence of both the chairman and vice-chairman, the Board of Appeals
shall choose one of its number as acting chairman. Such chairman, or the
party acting in his stead during his absence, may administer oaths and
compel the attendance of witnesses. The Board of Appeals may appoint a
secretary who shall take minutes of all its meetings and keep its records.
3. The Board of Appeals shall adopt from time to time such rules
and regulations as it may deem necessary to carry into effect the pro-
visions of this ordinance and all its resolutions and orders shall be in
accordance therewith.
4. Any person aggrieved by any decision of any officer of the Town
charged with the enforcement of this ordinance may take an appeal to
26
the Board of Appeals. The applicant shall pay $5.00 for the publication
of notices of the hearing required by law.
5. The Board of Appeals shall, in accordance with the provisions
hereinafter contained in this Section, hear and determine appeals from
any refusals of a building permit or certificate of occupancy by the
person designated by the 'Town Board, or review any order or decision
of said person where such order or decision is based upon the require-
ments of this ordinance.
6. Where there are practical difficulties or unnecessary hardship in
the way of carrying out the strict letter of this ordinance, the Board of
Appeals shall have the power, in passing upon appeals, to vary or modify
the application of any of the regulations or provisions of this ordinance
so that the spirit of the ordinance shall be observed and public safety
and welfare secured and substantial Justice done.
7. The Board of Appeals shall also hear and decide all matters re-
ferred to it or upon which it is required to pass by the terms of this
ordinance. In deciding such matters referred to it by the terms of this
ordinance and in granting special approval the Board of Appeals shall
determine that:
a. The health, safety, morals and general welfare of the community
in harmony with the general purpose of this ordinance shall be promoted,
except that as to all public buildings and educational buildings wherein
the principle use is research, administration, or instruction, the same
shall be presumed to exist.
b. The premises are reasonably adapted to the proposed use, and
that such use, except as to public and educational buildings, will fill
a neighborhood or community need.
c. The proposed use and the location and design of any structure
shall be consistent with the character of the district in which it is located.
d. The proposed use shall not be detrimental to the general amenity
or neighborhood character in amounts sufficient to devahiate neighboring
property or seriously inconvenience neighboring inhabitants.
e. The proposed access and egress for all structures and uses shall
be safely designed.
f. The general effect of the proposed upon the community as a whole,
including such items as traffic load upon public streets and load upon
water and sewerage systems is not detrimental to the health, safety and
general welfare of the community.
8. The Board may impose upon the applicant such reasonable con-
ditions as it deems necessary to protect the general welfare of the com-
munity.
SECTION 78. In making recommendations to the Town Board
and the Board of Appeals, the Planning Board shall determine that:
1. There is a need for the proposed use in the proposed location.
2. The existing and probable future character of the neighborhood
in which the use is to be located will not be adversely affected.
3. The proposed change is in accordance with a comprehensive plan
of development of the Town.
SECTION 79. Violations and Penalties. Pursuant to Section 268
of the Town Law any person, firm, corporation or other violating any
27
provision of this ordinance shall be deemed guilty of an offense and upon
conviction thereof shall be subject to a fine or to imprisonment as pro-
vided therein. Each week's continued violation shall constitute a separate
I I
offense.
SECTION SO. Amendments. This ordinance may be amended as
provided by law.
SECTION 81. Validity. The invalidity of any section or provision
of this ordinance shall not invalidate any other section or provision
thereof.
'SECTION 82. When Effective. This ordinance as amended shall
'; in force and effect immediately upon adoption and publication�
Povided by law.
. . .. ..... . ..... J-ng, r J
a on J,
ur t 1,
ny ,,,x
Ird� J.
Z. . .... . .... P
V
""hl
4
r� "e, ("I I "".,)f
1, �,A
d
. ?) 6
. ... .....
J� ,I, C)c �"? . .. ...
cY ;7 1"1" I J,w,4,,l n 0
M