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HomeMy WebLinkAbout1986 Zoning Ordinance 0F ��~x � © _.ƒ� \ < ^\d ^f'offffff Miff � �dw2 � - y ZONING ORDINANCE f TABLE OF CONTENTS ARTICLE I . SECTION 1. Definitions ARTICLE II ESTABLISHMENT OF DISTRICTS SECTION 2. Districts SECTION 3. District Boundaries ARTICLE II-A RESIDENCE DISTRICTS R 5 SECTION 3A. Location SECTION 3B. Use Regulations SECTION 3C. Accessory Uses. SECTION 3D, Area, Yard, Coverage, Height Requirements SECTION 3E. Special Requirements SECTION 3F. Site Plan Approvals ARTICLE III RESIDENCE DISTRICTS R 9 SECTION 4. Use Regulations SECTION 5. Accessory Uses SECTION 6. Accessory Buildings SECTION 7. Yard Regulations SECTION 8. Building Coverage . SECTION 9. Size of Lot SECTION 10. Special Properties. ARTICLE IV RESIDENCE DISTRICTS R 15 . SECTION 11. Use Regulations SECTION 12. Accessory Uses SECTION 13. Accessory Buildings SECTION 14. Yard Regulations . SECTION 15. Building Coverage. SECTION 16. Size of Lot . SECTION 17. Special Properties ARTICLE V RESIDENCE DISTRICTS R 30 . SECTION 18. Use Regulations SECTION 19. Accessory Uses SECTION 20. Accessory Buildings SECTION 21. Yard Regulations . SECTION 22. Building Coverage. SECTION 23. Size of Lot . SECTION 24. Special Properties ARTICLE VI MULTIPLE RESIDENCE DISTRICTS SECTION 25. Location SECTION 26. Use Regulations SECTION 27. Accessory Uses SECTION 28. Area, Yard, Coverage and Height Requirements SECTION 29. Special Requirements SECTION 30. Site Plan Approvals ARTICLE VIE BUSINESS DISTRICTS SECTION 31. Location of Districts . SECTION 32. Business Districts "A" SECTION 33. Business Districts "B" SECTION 34. Business Districts "C" SECTUDN 35. Puniness k4stricts "LP" 2 SECTION 35A. Business District "E" 2% il; '� I1 ill �i�"Ir.l', Iii1110N 44 SECTION 36. Permitted Accessory Uses ( � I I�'U '4_ � i'1�-r, em<'nt. 44 SECTION 37. Area, Yard, anc Height Requirements 2 1 t I jut, ,RI . ;y,I.l I, at ions for Approvals, Remedies or Relief 44 SECTION 38. Special Requircrients 2S nr� to Build 44 SECTION 39. Site Plan Approvals 26I � 1InN ;� - ­ r1i1i cite of Occupancy 45 I I„r1 1'- 1 of Appeals 45 ARTICLE VIII LIGHT INDUSTRIAL DISTRICTS 27 Ir 1ltui Board Recommendations 46 SECTION 40. location , 27 SECTION 41, Permitted Principal Uses 27 I1" 1 m,51ions and Penalties 46 SECTION 42. Performance Standards 27 1 r 1 lis ltu. Am,iidnmAS 46 I IMV1 . Vnlidity 46 rI . SECTION 43. Accessory Uses 27 'J !,, ;. s.h"n I ffective 46 SECTION 44. Area, Yard, Coverage and Heieht Requirements 28 � t , I ir>rl lrliir " ing coning Ordinance Amended, Re-Adopted and SECTION 45. Special Requirements 28 SECTION 45-a. Site Plan Approvals 29 H� Minuted 47 ARTICLE IX SITE PLAN APPROVAL 30 1 ­1 tows amending the Zoning Ordinance SFQi ON 46. Procedure 30 SECTION 46-a. Site Plan, Requirements 30 Al I 5W u`, - 1985 ARTICLE X INDUSTRIAL DISTRIr:i`, ?p h iu I1-OOD DAMAGE PROTECTION 48 SECTION 47. Use Regulation:. 32 1 , ' Ito 1 -' `,r of ut,r y Authorization and Purpose 48 SECTION 8. Sl.indord% � ,1 ! I" 1 . ! '�I , 1utory Authorization 48 ,�r-�.� i,,: 4 Per�Orm2 pCe SECTION 49, Yard Reuuldtionn � 32 1 1InN 1 .., ,t,iiement of Purpose 48 SECTION 50. Speer,! Pecvirnw,nt 32 • 1( 1IHN 1 ' W lhods of Reducing Flood Losses 48 SECTION 50-'. bi��n P.i, n 1`.t;;;ru.,�In 33 I111 m n5 49 I „r. �, •iu r At Provisions � � 51 ARTICLE X': AGRICULTURAL niS1kkin 34 .t ! Iu '.. I 1a05 to Which This Local Law Applies 51 SECTIOU 51 , Use Requlat "ns 34 list, How; for Establishing the Areas of Special SECTION 51A. Radio ir,n,nu,inr,i,n Kwers 34 11"od Hazard 51 I Inr1 Interpretation, Conflict with Other As 51 ARTICLE X t i N04-CONFPRM!NQ h,i n 38 11 l l 1 ti .4 Validity 52 SECTION Gort;inua iun of I ai st ing Lawful Uses 38 '.I i I I urn I".114 1 t i es for Non-Compliance 52 SEC00N 5�. Ir IIuN w%Irati and Disclaimer of Liability 52 Abandonment, or Use 38 11 d1 4.r> Arhninf,.1 ration 52 SECTION S Aicer.,tinmL 38 SECTION 55 Char,y,,r,. .Ii ll(IN 4. I I %t.oblishment of Development Permit 52 .5 SECTION 56. Restoration ?8 1( 11(IN 4.. )(,rJgnation of Local Administrator 52 4.. i Permit Applications. Special Requirements 53 ARTICLE XK I GENERAL PROVISIONS 39 II(IN 4. t nuties of the Building Inspector 53 SoCTION 57. Existing Lots 79 ��. � 1 Permit Review 53 `.ECTION 58. Building Flour A.rpa 9 �r. '- 7 Use of Other Base Data 53 SECTION 59. Trailers 3 +. s ; Information to be Obtained and Maintained 53 SECTION 59A. Dish Antennr.e 3.3 ��. - 4 Alteration of Watercourses 54 SECTION 1"nF S ' e , : 4. Interpretation of Firm Boundaries 54 I o... a van. r� SECTION 61. ror.t Yard Transit?" 40 '.II I InN 4.4 Variance Procedure 54 SECTION 62. Side Yard on CornPr Lot 40 4.4-1 Appeal Board 54 SECTION 63. Side and Rear ':-arc! transition 41 4.4-2 Conditions for Variances 55 SECTION 04. Porches and Carports 41 InFi ',.n Provisions of Flood Hazard Reduction 56 SECTION 65. Fences and Walls hi '.Ir IIhN ',. I General Standards 56 `ECK911 K. Projections in. Yards 41 4.1-1 Anchoring 56 on 5ECT1ON 67. Reduction of Lot Area 41 4, 1-2 Constructi Material and Methods 57 SECTION 68. Morethan One Building on a Lot 41 . 1 -3 Utilities 57 ',.1-4 Subdivision Proposals 57 KCTIO``' 69. Farkipn Facilities 41 SECTION ?_ 1t11ON 5.2 Specific Standards 57 Extraction o� Natural Products . 42 SECTION 7. Publiv Garages and Gasoline Sales Stations. 42 `,.2-1 Residential Construction 57 Cr E,,. I _.. - S ,.2-2 Nonresidential Construction 58 �. Ap -. .r• of .:aunty Health Department 42 58 Sr�":TiOi S. F:br.r„�r,_d Cellar Holes and buildings 43 >.2-3 Mobile Homes SIGIIUN 5. 1 Floodways 58 1, ZONING ORDINANCE OF THE TOWN OF ITHACA, NEW YORK RE-ADOPTED AMENDED AND REVISED AS OF MARCH 21, 1986 LOCAL LAW NO. 3 - 1983 60 (Effective February 26, 1968) LOCAL LAW NO. 2 - 1984 63 LOCAL LAW N0. 3 1984 64 For the purpose of promoting the health, safety, morals or the general welfare _ f LOCAL LAW NO. 4 1984 68 of the community, and to lessen congestion in the streets, to secure safety . from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration ofpopulation, to facilitate the adequate provision of transportation water, sewerage schools arks and o , , , P other public requirements, under and pursuant p q , u sus t to the Laws of p y the State of New York, the size of buildings and other structures, the percen- tage of the lot that may be occupied, the size of yards, the density of popula- tion, and the location and use of buildings, structures and land for trade, f industry, residence or other purposes, are hereby restricted and regulated as / f hereinafter provided, , l ARTICLE j 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 "building" ► includes the word "structure"; and the word "occupied" includes the words I p "designed or intended to be occupied"; the word "used" includes the words "arranged, designed or intended to be used"; and the word "he" includes "it" and "she". 2. A "lot" is a parcel of land which may be occupied by one or more principal buildings and the accessory buildings for uses customarily incident to it, including such open spaces as are used in connection with such buildings. E 3. A "lot line" is a property boundary of a lot. 4. The "lot area" shall not include any portion of a public highway right of E 1 way that may be included within deed description of the lot. ti 5. Family; A family consists of two or more persons related by blood, marriage or adoption. i f 6. A "dwelling" is a building designed or used exclusively as the living quarters for one or more individuals or families. I 7. A "dwelling unit" is a dwelling, or portion of a dwelling, providing complete living facilities for one family or for an individual person. 8. A "one-family dwelling" is a detached building containing a single dwelling unit. ?< 9. A "two-family dwelling" is a detached building containing two dwelling units. 1 D 23. A "farm" is an parcel of land containing at least 3 acres which is used 1 p i s a �i�idiing or group o f buildings on one �� Y P 9 in the raising of agricultural products, such as crops, livestock, pout- € i �r� rnliiu���p arwits• j try, and dairy goods. It includes structures necessary to the production s persons either and storage of agricultural products and equipment. all°inil in which more than three " 1*6 are l+ used or lodged for hire with or without 2�5. A "street line" is the limit of the right of way of a street, road or iae or a furnished rooming house shall be deemed aFEW highway. Where the word street appears this also means highway or road. p� 25. A "flashing sign" is any illuminated sign on which the artificial light is M/// is a ipuilding originally built and used as a dwelling l in which accommodations for transients are not maintained stationary and/or constant in intensity and color at all ✓; ii9i,; iir n times. on. �' 26. A clinic is a building or any part of a building which is used for the o*'I*, �� containing rooms designed and originally 9 is a building 9 in �aiy:�n or hired out for living or sleeping accommodations � r group practice of medicine by several physicians in which certain facili " / ties other than reception are shared by the occupants and in which Wpa�y• patients are diagnosed or treated b physicians specializing in various �r j P 9 Y P Y P 9 1 ailments and practicing as a group. lr�dif* is a building or premises used exclusively by �j f an orlanization and their guests which premises or buildings "27. A arkin s ace is an area for the t orar arkin of an automobile to irecteational or athletic purposes, not primarily conducted �� R 9 P " y p g activities for other 180 square feet in size exclusive of the parking lot circulation areas. il; excludes commercial and merchandising � r rardw aaps6ership• j 28. "Structure" means anything that is constructed or erected on or under the l i round or upon another structure or building. 9 P l is any establishment for temporary occupation by the sick or � f � / �i� ipr ,tdl irmd° ii�a purpose of medical treatment, but does not include an iav*owt for permanent occupation by the poor, infirm, incurable or 1 29. ae or rearrangement is s appliedu o a buildinginor stritue, it h or an i enlargement,, whether by extending on a side or by increasing in height; or rr �� % moving from one location or position to another; the term "alter" in its aleseent home is a building other than.a hospital where wiaiJ nr" � d p various modes and tenses and its participial form, refers to the making of i��iirumv�i persons are lodged, furnished with meals and nursing care an alteration. ur.n�u �i, persons who are mentally iil, mentally deficient, drug piiiror` aleaholi c patients. 35. A "dish antenna" is a large parabolic antenna used to receive television, i a �� radio, microwave, or other electronic signals from orbiting satellites. A frri yari� ;3 the open space between the street right of way line and rrni, line of the principal building, exclusive of overhanging eaves dish antenna may also be known as a satellite antenna or satellite earth station. A dish antenna shall be considered a structure for purposes of p 3 lmmrm'lasible ro'ections extended to the side lines of the lot. � obtaining a Building Permit. r rear iarrp� ;s the open space between the rear lot line and the rear occupancy. A mobile home i s designed and built to be towed on its own � frp; d,�i i;ha� principal building, exclusive of overhanging eaves and other i 36. A "mobile home" is a transportable dwelling unit suitable for year-round p«l,voaii�la projections, extended to the side lines of the lot. � chassis, comprised of frame and wheels, and connected to either public or between the principal building, exclusive �� i private utilities. The unit may contain parts which may be folded, ,, "Sit* yard is the open space collased, or/,iljJ ipJaariarning eaves and other permissible projections, and a side lot additRonal cubicicapaceywh A mobile home may also abee designed tasp two�or j /lily ii iii i arrii r;,,taniing through from the front yard to the rear yard. j more separately towable components designed to be joined into one integral rr " is a building subordinate and clearly incidental unit capable of again being separated into the components for repeated towing. This definition excludes travel or camping trailers towed b an „// i arranar lariiding poin".1 pal building on the same lot and used for purposes Gusto- automobile and neither wider than 8 feet nor longer than 32 feet. Self- //% y i2�ri ,ri;al to those of the principal building. Apropelled motor homes, or modular housing which is not built with an g p integral chassis and which must be transported on a separate vehicle from � f8gt is iha �lc�rr accumulation or laying-upof manufactured pro- factory to Mousing site are also excluded from this definition. A mobile p home shall be considered a one-family dwelling for purposes of determining rir r° materials, or the keeping of one or more ieces of movable "0 i�4 MOOT ih�an pleasure automobiles. ! permitted occupancy. a, r ; �, d ntnrndrwarinp use" is a use of land existing at the time of enactment 37. A "mobile home lot" is a parcel of land used for the placement of a single r pi lit r rlirrarrm ,and its amendments which does not conform to the zoning `r � �idt�im�ra i the disti�°ict in which it is situated. f mobile home and the exclusive use of its occupants. This lot may be located only in a mobile home park as defined by this ordinance. a; %%00/%%///%%%/io,�a////////iii ,� �� is a parcel of land owned by an individual, li i, / ARTICLE II ,,,,�a �: ter t,,jIfporation which has been planned and improved for the #ice Or homes. f ESTABLISHMENT OF DISTRICTS '' �� 130M 4r i� rl. nd+f is that part of an individual mobile home lot which i ti� �i FN T� morvrd and improved for the placement of the mobile home, l SECTION 2. Districts. For the purpose of this ordinance the Town of Ithaca is ,jo �'j� 4 4t ox tures and additions. hereby divided into 15 types of districts as follows: Residence Districts R5 Residence Districts R9 Residence Districts R15 Residence Districts R30 Multiple Residence Districts i Agricultural Districts jBusiness Districts A Business Districts B Business Districts C l' Business Districts D f Business Districts E Light Industrial Districts Industrial Districts Areas of Special Flood Hazard Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to Local Law #2 - 1984 Special Land Use District #1 j - In accordance with and pursuant to Local Law #3 - 1984 Special Land Use District #2 In accordance with and pursuant to Local Law #4 - 1984 I Said districts are set forth on the map accompanying this ordinance, entitled Zone Map, dated July 1, 1954, as amended to 1968, and signed by the Town Clerk. Said map and all explanatory matter thereon and amendments thereto are hereby made a part of this ordinance. r s i SECTION 3. District Boundaries. Where uncertainty exists with respect to the exact boundaries of the various districts as shown on the Zone Map, the follow- ing rules shall apply. a 1. The district boundaries are lot lines unless otherwise shown, and where the designation on the Zone Map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary. 2. Distances shown on the Zone Map are perpendicular or radial distances from street lines measured back to the zone boundary line, which lines, in all cases where distances are given, are parallel to the street line. 3. Where the boundary of a district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the / jurisdiction of the Town of Ithaca unless otherwise designated. 4. In other cases the boundar line on the Zone Map. y ne shall be determined by use of the scale 4 % 5 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 ARTICLE ii-A of Ithaca by annexation or otherwise, are hereby zoned Residence District 1115. Any such after-acquired lands shall be automatically zoned Residence RESIDENCE DISTRICTS R5 District R15 upon such acquisition, except that such lands may be thereafter rezoned to any other zone, notwithstanding the provisions of SECTION 3A. Location. With the approval of the Town Board, a Residence Section 31. District District R the T ma boeynestablished in any Residence District R30 or Agricultural j SECTION 3B. Use Regulations. in Residence Districts R5 no building shall be erected or extended and no land or building or part thereof shall be used for a, other than a mobile home park. t SECTION 3C. Accessory Uses. The following accessory uses are permitted in Residence District RS: I. Automobile parking and garages, subject to the further requirements of this Article. 2. Structures and open land for recreation$ intended for use by the residents Of the mobile home park. 3. Such areas and structures as may be necessary for homemaking activities, laundry such as a common y or garden plots. The use of any such area or structure may be limited to residents of the mobile home park. SECTION 3D. Area, Yard, Coverage and Height requirements shall be as follows: 1. Area: a minimum tract of fifteen (15) acres is required for the development of a Residence District R5. 2. Lot Size: Each mobil e home lot shallhave a minimum gross area of 5,000 square feet. The arrangement of lots in the park shall facilitate the i � efficent development of land and P� permit the convenient access of emer- gency vehicles. �! 3- Stand Location: The location of the mobile home stand on each lot shall be identified on the site plan. SECTION 3E. Special Requirements shall be as follows: 1. Stands; The mobile home stand shall be provided with anchors and other ' fixtures capable of securing and stabilizing the mobile home. These of anchors shall be placed at least at each corner of the mobile home stand. �j 2. Skirting: Each mobile home owner, within thirty days after the arrival of the mobile home in the p ark 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. 6 7 �r 3. Parking: One garage or lot parking space shall be provided for each 11. Building Permits. A buildingpermit shall be required P qu ed pursuant to Section mobile home, plus one additional lot space for each 3 mobile homes.parking lot shall be located farther than 100 feet from the dwelling unit constructed.75 for each mobile home and/or accessory structure to be sited or i is intended to serve. Each parking space shall have a minimum of 180 t square feet. SECTION 3F. Site Plan Approvals. No building permit shall be issued for a buffer and at least 30 feet wide shall be provided �� building w' 4. Buffer Yards: A bu y �, g thin a Residence District R5 unless the proposed structure is in e home ark. No structures are permitted ; perimeter of the mobil accordance with around the e P , „ t a site tan approved pursuant P , /., p pp p uant to the provisions of Article e IX in the buffer yard and the Planning Board may require that suitable and approved by the Tompkins County Health Department. No subdivision Green the mobile home P of a ed �n order to effectively s trailer landscaping be proved Y ,�; park site plan is permitted without ark from adjacent properties. Parking spaces are not permitted in the following Planning Board review. No alteration, approval of the Town Board, p � amendment or change in a � buffer yards. trailer park site plan is permitted without approval of the Planning Board. 5. Access Drives and Walkways: Access drives shall be paved with blacktop, , concrete or other solid material. Driveways and walkways shall provide P safe access, egress, and traffic circulation within the site. The place- ment, 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. " 6. Open Space and Recreation Areas: The applicant shall provide recreation areas on the premises for children. The Planning Board shall review and approve all such areas. Ten per cent (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. 7. Storage Space: The developer shall provide storage space in convenient locations for each mobile home lot. This storage space shall be contained in an enclosed and secure structure. Several storage structures may be located in a common building. The minimum dimensions of storage space per lot shall be eight feet high, eight feet deep, and four feet wide. % 8. Screening of Waste and Refuse: One or more common areas shall be provided for the disposal of waste and refuse. These area shall contain secure garbage bins of a suitable size. These areas shall be screened from j public view by shrubbery or a fence. " 9. Signs. A single sign for the mobile home park is permitted. The size and other characteristics shall be regulated by the Town of Ithaca Sign Law. i 10. Operating Permits. An operating permit shall be required for all mobile hone parks. This permit shall be renewable annually. The Building y Inspector shall make periodic inspections of the mobile home park to determine whether such park is in compliance with the terms and conditions of the permit, the Zoning Ordinance and the site plan approval. The fee for the operating permit shall be in accordance with the following schedule: 1 - 4 units $25.00 5 - 9units $50.00 � 10 - 24 units 25 - 49 units $200.00 ! ' 50 - 100 units $400.00 over 100 units (Number of Units) X $5.00 8 ' r_ 9 ARTICLE III 6. Fire' station or other public buildingnecessary to the protection the servicing of a neighborhood y P the Bo d or RESIDENCE DISTRICTS R9 � � g g boyhood by special approval of the Board of Appeals in accordance with Section 77, Number 7. The application shall i � then be referred to the Planning Board and no building permit shall be SECTION 4. Use Regulations. In Residence Districts R9 no building shall be , issued unless the proposed structure is in accordance with a site plan erected or extended and no land or building or part thereof shall be used for approved pursuant to the provisions of Article IX. other than any of the following purposes. j f 7. Golf course, except a driving range, or a miniature golf course by specia tr l i approval of the Board of Appeals in accordance with Section 77, Number 7. 1. One Family Dwellings. a addition to a single family, such dwelling may The application shall then be referred to the Planning Board and no be occupied by not more than two boarders, roomers, lodgers or other / g occupants. 9 / building permit shall be issued unless the proposed structure is in ,� G ldin accordance with a site plan approved pursuant to the provisions of Article 2. A two family dwelling, provided that the second dwelling unit shall not IX, exceed 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed en- 8• Carden, nursery, or farm except a hog farm where the principal food is garbage. Sale of farm and nurser tirely within the basement area, it may exceed SO�a. �� nursery products shall be subject to the p r provisions of Section 49 Subdivision 13. Usual farm buildings are permit- 2a. A two-family dwelling shall be occupied by not more than two ted, provided that: families, except that the following occupancies may also be � permitted: a. Any building in which farm animals are kept shall be at least 100 (1) If each of the two dwelling units in a two-family house is feet from any lot line or street right of way. occupied by a family, then each such unit may also be occupied G b. No manure shall be stored within 100 feet of any lot line or street by not more than one boarder, roomer, lodger or other occupant; right of way. (2) If one of such two units is occupied solely by a family, then the other unit may be occupied by not more than two boarders, / 9• Any municipal or public utility purpose necessary for the maintenance of roomers, lodgers or other occupants; % utility services except that substations and similar structures shall be (3) If neither of such units is occupied by a family, then the total subject to the same set-back requirements as apply to residences in the numbers of such occupants in such two-family dwelling shall be % district in which the substations or similar structures are constructed. no more than three. / 10. Rooming houses, tourist houses, but only on special approval of the Board 2b. One or two family dwellings may be occupied by more than the of Appeals. occupants permitted by Section 28 by Special Permit of the Board of % Appeals upon application to such Board. / 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 3. Church or other places of worship, convent and parish house by special only upon special approval of the Board of Zoning Appeals. approval of the Board of Appeals in accordance with Section 77, Number 7. The application shall then be referred to the Planning Board and no 12. Nursing or convalescent homes, or medical clinics but only upon special building permit shall be issued unless the proposed structure is in approval of the Board of Appeals. Iccordance with a site plan approved pursuant to the provisions of Article 13. Cemetery and the buildings and structures incident thereto but onlyupon special approval of the Board of Appeals. p 4. Public library, public museum, public, parochial and private schools, 14, A roadside stand or other structure for the display and sale of farm or nursery school, fraternity or sorority houses, and any institution of p y higher learning including dormitory accommodations, upon special approval nursery products incidental to farming and as a seasonal convenience to of the Board of Zoning Appeals. The application for such approval shall the owner or owners of the land. Any such stand shall be located a be referred to the Planning Board and no final action shall be taken until /f minimum of 15 feet from the street line, in such a manner as to p ermit the Planning Board has submitted its report or has failed to submit ai safe access and egress for automobiles, and parking off the highway right r, report within 30 days. of way. y p playground g y g 15. Clubhouse or lodge, provided that no building so used shall be within 100 5. Publicly owned ark or la round including accessory buildings and improvements by special approval of the Board of Appeals in accordance feet of any street or within 150 feet of the lot line of an adjoining with Section 77, Number 7. The application shall then be referred to the owner and only upon the special approval of the Board of Appeals. Planning Board and no building permit shall be issued unless the proposed 16. Signs, as re i structure is in accordance with a site plan approved pursuant to the � 9 � regulated by the Town of Ithaca Sign Law. provisions of Article IX. , i 10 17. In Residence Districts R9, no building or structure shall be erected, altered or extended to exceed thirty the street line, a private garage not over one story in height and housing not ff y (ure feet in height. For purposes of % in excess of two cars may be located in the front or side yard not less than 5 this provision, the height of a structure shall be measured from the floor � � y g in contact with the ground surface. feet from said street line upon special approval of the Board of Appeals. SECTION I ON 7. Yard Re SECTION 5. Accessory Uses. Permitted accessory uses in Residence Districts R9 Regulations. In Residence Districts R9, yards of at least the shall include the following: M following dimensions are required: i Front Yard - not less than average depth of the front yards of buildings on 1. The office of a resident doctor, dentist, musician, engineer, teacher, g P lawyer, artist, architect or member of other recognized profession, or Tots imme lately adjacent, However, the front yard depth shall not be less quasi-profession where such office is a than 25 feet nor need it be greater than 50 feet from the street line except q p part of the residence building, where otherwise specified. provided that not more than 3 additional persons not residing on the % p premises may be employed. Rear Yard - not less than 30 feet in depth. 2. A customary home occupation, such as dressmaking, hair dressing, laundering, home cooking; carpentry, electrical and plumbing work or Side Yards - each not less than 10 feet in width, except that in one of the �Ji s P 9 similar manual or mechanical trade; operated solely by a resident of the A 111 side yar s, a one-story garage, either attached to the principal building, or dwelling, provided that no additional persons not residing on the premises fr separate therefrom, may be 7 feet from a side line which is not a street line. may be employed therein and that no goods or products are publicly dis- / When the height of the building exceeds 30 feet, each side yard must be equal played or advertised for sale, that there be no outside storage, and that 9 to half the total height of the building. no noise, dust, disorder, or objectionable odor is experienced beyond the immediate property where such use is conducted. The above mechanical M Special yard requirements for specific uses as established by Section 4 are trades to be conducted in the basement of the dwelling or in a garage arearequired. not to exceed 200 square feet. M, SECTION 8. Building 3. Off-street garage or parking space for the occupants, users and employees / g Coverage. No buildings or building on a lot, including in connection with uses specified under Section 4, but subject to provi- j accessory buildings, shall be erected, altered, or extended to cover more than sions of Section 45 and Section 69. I 25 per cent of the lot area. 4. A temporary building for commerce or industry, where such building is ; Projections described in Section 66 are not to be included in computing the necessary or incidental to the development of a residential area. Such % percentage. P g building may not be continued for more than one year except upon special approval of the Board of Appeals. l SECTION 9. Size of Lot. Lot sizes in Residence Districts R9 shall meet the 5. Accessory buildings subject to provisions of Section 6. following depths and widths at the front yard set-back. 6. The keeping of domestic animals or fowl in accessory buildings, provided A 1• When no public water or sewer is available, the minimum width shall be 100 that no such building shall be nearer than 30 feet to any lot line of any % feet and the minimum depth 150 feet. adjoining owner, and further provided that there shall be no raising of 2, When fur-bearing animals, keeping of horses for hire, or kennels for more that public water or sewer is available minimum width shall be 80 feet 3 dogs over 6 months old. M 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 7. Signs, as regulated by the Town of Ithaca Sign Law. 12,000 square feet. 3. When both public water and sewers are available, the minimum width shall SECTION 6. Accessory Buildings. In Residence Districts R9 accessory buildings be 60 feet and the minimum depth shall be 15,0 feet except that the depth other than garages may not occupy any open space other than a rear yard. Any %� may be reduced to a minimum of 120 feet provided that the lot area shall accessory building may occupy not more than 40 per cent of any required rear �1� not be less than 9,000 square feet. yard and shall be not less than 3 feet from any side or rear lot line, except f 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 SECTION 10. Special Properties. In the case of publicly owned ro P Y properties, on a corner lot shalt not be less than 5 feet from the rear lot line. , / properties of universities, colleges, cemeteries, or other private insti- Accessory buildings shall in no case exceed 15 feet in height. Where the tutions, located in Residence Districts R9, which comprise at le area and are traversed b interior roads or driveways, the frontast and6side y in average natural slope of a lot exceeds 8 per cent rise or fall directly from Y , e yard requirements of Section 7 .shall apply only along the exterior public street ' frontages and there shall be no rear yard requirements. 12 13 /, 1, ARTICLE IV 7. Golf course, except a driving range, or miniature golf course by special approval of the Board of Appeals in accordance with Section 77, Number 7. RESIDENCE DISTRICTS R15 The application shall then be referred to the Planning Board and no building permit shall be issued unless the proposed structure is in SECTION 11. Use Regulations. In Residence Districts R15 no building shall be accordance with a site plan approved pursuant to the provisions of Article erected or extended and no land or building or part thereof shall be used for other than any of the following purposes: 8. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be 1. One Family Dwellings. In addition to a single family, such dwelling may subject to the same et-back requirements as apply to residences in the be occupied by not more than two boarders, roomers, lodgers or other district in which the substations or similar structures are constructed. occupants. 2. A two family dwelling, provided that the second dwelling unit shall not 9. Signs, as regulated by the Town of Ithaca Sign Law. exceed 50% of the floor area excluding the basement of the primary 10. In Residence Districts R15, no building or structure shall be erected, dwelling unit except where the second dwelling unit is constructed altered or extended to exceed thirty (30) feet in height. For purposes of entirely within the basement area, it may exceed 50%. this provision, the height of a structure shall be measured from the floor 2a. A two-family dwelling shall be occupied by not more than two in contact with the ground surface. families, except that the following occupancies may also be permitted: SECTION 12. Accessory Uses. Permitted accessory uses in Residence Districts (1) If each of the two dwelling units in a two-family house is Y occupied by a family, then each such unit may also be occupied R15 shall include the following: by not more than one boarder, roomer, lodger or other occupant; 1. Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, (2) If one of such two units is occupied solely by a family, then artist, architect or member of other recognized profession where such the other unit may be occupied by not more than two boarders, office is part of the residence building provided that not more than two roomers, lodgers or other occupants; 9 (3) If neither of such units is occupied by a family, then the totals„ (2) additional persons not residing on the premises may be employed. numbers of such occupants in such two-family dwelling shall be 2. Off-street garage or g g parking space for the occupants, users and employees no more than three. in connection with uses specified under Section 11, but subject to pro- 1 visions of Section 69. ' 3. Church or other places of worship, convent and parish house by special approval of the Board of Appeals in accordance with Section 77, Number 7. 3. A temporary building for commerce or industrywhere such building is The application shall then be referred to the Planning Board and no necessary or incidental to the development of a residential area. Such building permit shall be issued unless the proposed structure is in /� building may not be continued for more than one year except upon special accordance with a site plan approved pursuant to the provisions of Article j i approval of the Board of A IX. % ppeals. public museum public, parochial and private schools, j 4• Accessory building subject to provisions of Section 13. 4. Public library, P , P � P nurser school and an institution of higher learning including dormitory % y , Yj 5. A customary home occupation, accommodations upon special approval of the Board of Appeals. The appli- " P , such as dressmaking, hair dressing, � laundering, home cooking; carpentry, electrical , and plumbing work or cation for such approval shall be referred to the PlanningBoard and no 9, PPi similar manual or mechanical trade; operated solely by a resident of the final action shall be taken until the Planning Board has submitted its % dwelling, provided that no additional persons not residing on the premises report or has failed to submit a report within 30 days. . may be employed therein and that no goods or g products are publicly dis- 5. Publicly owned park or playground including accessory buildings and played or advertised for sale, that there be no outside storage, and that ' no noise, dust, disorder, or objectionable odor is experienced beyond the improvements by special approval of the Board of Appeals in accordance immediate property with Section 77, u ermber 7. The application shall then be referred to the P P ty where such use is conducted. The above mechanical trades to be conducted in the basement of the dwelling or in a garage area Planning Board and no building permit shall be issued unless the proposed structure is in accordance with a site plan approved pursuant to the not to exceed 200 square feet. provisions of Article IX. 6. The keeping of household pets and family gardens. 6. Fire station or other public building necessary to the protection of or the servicing of a neighborhood by special approval of the Board of 7. The keeping of one horse if 2 acres of land are provided and one Appeals in accordance with Section 77, Number 7. The application shall additional horse for each additional acre, but not more than a total of three horses. then be referred to the Planning Board and no building permit shall be issued unless the proposed structure is in accordance with a site plan 8. Signs, as regulated by the Town of Ithaca Sign Law. approved pursuant to the provisions of Article IX. i 14 / %1f711% 15 SECTION 13. Accessory Buildings. In Residence Districts R15 accessory buildings other than garage may not occupy any open space other than a rear / ARTICLE V yard. An accessory building may occupy not more than 40 r Y Y Y g y py per cent of any required rear yard and shall be not less than 3 feet from any side or rear lot RESIDENCE DISTRICTS R30 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. SECTION 18. Use Re� � gulations. in Residence Districts R30 no building shall be Accessory buildings in no case shall exceed 15 feet in height. Where the erected or extended and no land or building or part thereof shall be used for average natural slope of a lot exceeds 8 per cent rise or fall directly from other than any of the following purposes. 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 1. be occupied e Family Dwellings. In addition to a single family, such dwelling may feet from said street line on approval of the Board of Appeals. occupant ed by not more than two boarders, roomers, lodgers or other ! I SECTION 14. Yard Regulations. In Residence Districts R15 yards of at least 2• A two family dwelling, provided that the second dwelling unit shall not the following dimensions are required: exceed 50% of the floor area excluding the basement of the primary welling unit except where the second dwelling unit is constructed Front Yard - not less than the average depth of the front yards of buildings on entirely within the basement area, it may exceed 50%. ots imme iate1y adjacent. However, the front yard depth shall not be less 2a. A two-family than 25 feet or need it be greater than 50 feet except as otherwise specified, y dwelling shall be occupied by not more than two Rear Yard - not less than 30 feet in depth. permitted: except that the following occupancies may also be / (1) If each of the two dwelling units in a two-familyhouse is Side Yards - each not less than 15 feet in width, except that in one of the occupied by a family, then each such unit may aso be occupied side yards, a one-story garage, either attached to the principal building or � by not more than one boarder, roomer, lodger or other occupant; separate therefrom, may be 10 feet from a side line which is not a street line. (2) If one of such two units is occupied solely by a familys then When the height of a building exceeds 30 feet each side yard must be equal to the other unit may be occupied by not more than two boarders, two-thirds the total height of the building. roomers, lodgers or other occupants; (3) If neither of such units is occupied by a family, then the total Special yard requirements for specific uses as established by Section 11 are numbers of such occupants in such two-family dwelling shall be required. no more than three. 3. Church or other places of worship, SECTION 15. BuildingCoverage. No building or buildings on a lot includingj approval of the Board of convent and parish house by special g � � ' % � The application Appeals in accordance with Section 77, Number 7. accessory buildings, shall be erected, altered, or extended to cover more than The a cation shall then be referred tothe Planning Board and no 20 per cent of the lot area. p g permit shall be issued unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of Article Projections described in Section 66 are not to be included in computing the I . percentage. � 4. Public library or public museum, public, parochial and private schools, nursery school, and any institution of higher learning including dormitory SECTION 16. Size of Lot. Lot sizes in Residence Districts R15 shall meet the accommodations by approval of the Board of Appeals. The PP application for following depths and widths at the front yard set-back. such approval shall be referred to the Planning Board and nopfinal action j ,; shall be taken until the Planning Board has submitted its report or has 1. Minimum width of lots shall be 100 feet and the minimum depth 150 feet. �, failed to submit a report within 30 days. i Publicly� 5. Y owned park or playground including_ accessorybuildings and SECTION 17. Special Properties. In the case of publicly owned properties, I improvements by special approval of the Board of Appeals in accordance properties of universities, colleges, cemeteries, or other private insti- / with Section 77, Number 7. The application shall then be referred to the tutions, located in Residence Districts R15, which comprise at least 6 acres in ;� Planning Board and no building permit shall be issued unless the proposed area and are traversed by interior roads or driveways, the front and side yard % structure is in accordance with a site plan approved pursuant to the requirements of Section 14 shall apply only along the exterior public street provisions of Article IX. frontages and there shall be no rear yard requirements. � 6. Fire station or other public building necessary to the protection of or 11 the servicing of a neighborhood by special approval of the Board of Appeals in accordance with Section 77, Number 7. The application shall then be referred to the Planning Board and no building permit shall be f issued unless the proposed structure is in accordance with a site plan l approved pursuant to the provisions of Article IX. 16 j f "1 11"_ 17 7. Golf course, except a driving range, or a miniature golf course by special � SECTION 19. Accessory approval of the Board of Appeals in accordance with Section 77, Number 7. � R30 shall include the f following: Permitted accessory uses in Residence Districts The application shall then be referred to the Planning Board and no g: building permit shall be issued unless the proposed structure is in 1 accordance with a site plan approved pursuant to the provisions of Article Office of a resident doctor, dentist, musician, engineer, teacher lawyer, IX. artist, architect or member of other recognized ' that not more ssion where s ch additio office nal a part of the residenceebuilding nprovided 8. Garden, nursery, or farm, except a hog farm were the principal food is persons not residin the garbage. Sale of farm and nursery products shall be subject to the be employed. 9 on premises may provisions of Section 18 Subdivision 13. Usual farm buildings are p ' Y occupation, permitted, provided that: 2. A customary home occu such as dressmaking, hair dressing, /�� laundering, home cooking; carpentry, electrical, and plumbing work or a. Any building in which farm animals are kept shall be at least 100 similar manual or mechanical trade; operated solely by a resident of the feet from any lot line or street right of way. dwelling, provided that no additional person not residing on the premises may be employed therein and that no dds or played or advertised for sale that there be no outside are publicly that b. No manure shall be stored within 100 feet of any lot line or street � , no noise dust disorder, or objectionable odor is experiencestoradebeyondtthe right of way. immediate property where such use i Y s conducted. The above mechanical 9. Any municipal or public utility purpose necessary to the maintenance of trades to be conducted in the basement of the dwelling or in a ara a ar utility services except that substations and- similar structures shall be � exceed 200 square feet. 9 9 ea subject to the same set-back requirements as apply to residences in the 3. Off-street district in which the substations or similar structures are constructed. garage or parking space for the occupants, users and employees �1 in connection with uses specified under Section 18, but subject to 10. Hospital, provided that no building so used shall be within 100 feet from � visions of Section 45 and Section 69. � pro- any street or within 150 feet of -the lot line of any adjoining owner and only upon special approval of the Board of Appeals. 4• A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such 11. Nursing or convalescent homes, or medical clinics, but only upon special f buildings may not be continued for more than one year except upon special approval of the Board of Appeals. approval of the Board of Appeals. 12. Cemetery and the buildings and structures incident thereto, but only upon 5- Accessory buildings subject to provisions of Section 20. special approval of the Board of Appeals. % r 6. The that knopsuch bui of l ding shallstic animals be nearerothann30cfeeoto an buildings,otl ne provided 13. A roadside stand or other structure for the display and sale of farm or adjoining owner, Y nursery products incidental to farming and as a seasonal convenience to j fur-bearing ner,anim and further provided that there shall be no raising of the owner or owners of the land. Any such stand shall be located a 3 r- s over 6 months keeping of horses for hire, or kennels for more than minimum of 15 feet from the street line, in such a manner as to permit g safe access and egress for automobiles, and parking off the highway rightof Y• X1, 7. Signs, as regulated by the Town of Ithaca Sign Law. 14. Clubhouse or lodge, provided that no building so used shall be within 100- feet of an street or within 150 feet of the lot line of an adjoining SECTION 20. Accessory Buildings. In Residence Districts R30 accessory Y owner and only upon special approval of the Board of Appeals. buildings other than garages may� yard. Any accessory building a not Occupy any open space other than a rear 9 Y Occupy not more than 30 per cent of any 15. Signs, as regulated by the Town of Ithaca Sign Law. required rear yard and shall be not less than 3 feet from any side or rear lot line, except that a private P garage may be built across a common lot line with a i&. In Residence Districts R30, no building or structure shall be erected, party wall by mutual agreement between adjoining property owners. An accessory altered or extended to exceed thirty (30) feet in height. For purposes of building on a corner lot shall not be less than 5 feet from the rear lot line. this provision, the height of a structure shall be measured from the floor � , 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 in contact with the ground surface. 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 i 5 feet from said street line upon special approval of the Board of Appeals. 18 j /, (f 19 SECTION 21. Yard Regulations. In Residence Districts R30 yards of at least the following dimensions are required. ARTICLE VI Front Yard - not less than the average depth of the front yards of buildings on MULTIPLE RESIDENCE DISTRICTS ots immediately adjacent. However, the front yard depth shall not be less than 30 feet or need it be greater than 60 feet. SECTION 25. Location. With the approval of the Town Board, a Multiple Rear Yard - not less than 50 feet in depth. Residence District may be established in any Residence or Agricultural District of the Town. 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 SECTION 26. Use Regulations. In Multiple Residence Districts no building separate therefrom, may be 15 feet from a side line which is not a street line. g When the height of the building exceeds 30 feet each side yard must be equal to �� shall be erected or extended and no land or building or part thereof shall be used for other than an of the following purposes. the total height. / One family, twoy Special yard requirements for specific uses as established by Section 18 are living quarters for minimum and multiple family dwellings, grouped so as to provide required. q a of 3 families. q Accessory SECTION 22. Building Coverage. No building or buildings on a lot, including SECTION 27. Y Uses. Permitted Accessory Uses in Multiple Residence �� Districts shall include the following: p accessory buildings, shall be erected, altered or extended to cover more than 1. Automobile parking and g 10 per cent of the lot area. this garages, subject to the further requirements of this section. Projections described in Section 66 are not to be included in computing the 2. Structures or use of open land for recreation, intended for residents of percentage. the Multiple Residence Districts. �, SECTION 23. Size of lot. Lot sizes in Residence Districts R30 shall meet the Y 3. Such uses as may be necessar Y for h ome-making activities, such as drying ards or structures in which laundry faci following depths and widths at the front yard setback. lities are maintained but anysuch use must be limited to residents of the Multiple Residence Districts. 1. Minimum lot area: 30,000 square feet. j SECTION 28. Area, Yard, Coverage and Height Requirements shall be as follows: 2. Minimum width of lots shall be 150 feet and the minimum depth 200 feet. Area:: a minimum tract of one acre is required for the development of a �ff� Multiple Residence District. Said tract must contain- at 1 SECTION 24. Special Properties. In the case of publicly owned properties / square feet of gross lot area for each dwelling unit to be constructed. properties of universities, colleges, cemeteries, or other private instil � q g east 2,500 tutions, located in Residence Districts R30, which comprise at least 6 acres in 2. Yards and Courts: area and are traversed by interior roads or driveways, the front and side yard rt requirements of Section 21 shall apply only along the exterior public street j Front Yard - not less than SO feet. frontages and there shall be no rear yard requirements. e ar s - not less than the height of the nearest structure. Rear ar s - not less than twice the height of the nearest �t structure. Courts - shall be completely open on one side, with a width not less than the height of the tallest opposite structure and j a depth not more than 1� the width. j3. Spaces between buildings: The distance between any two structures shall be no less than the average height of both. 4. Building Coverage: No building, including accessory buildings, 0 erected or altered to cover more than 30 per cent of the lot area.shall be "Mr,Milk 5. Height: All structures shall conform in height with other structures the vicinity; provided however, that no structure in , e shall exceed 2 stories on the road side. 20 j 21 " % SECTION 29. Special Requirements shall be as follows: ARTICLE Vil 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. BUSINESS DISTRICTS No parking shall be located farther than 200 feet from the dwelling unit it is intended to serve, nor shall any parking be allowed in any front SECTION 31. Location of Districts. With the approval of the Town Board yard or required side or rear yard. Parking lots shall be surfaced with Business Districts "A" 118" " " " �� black-top, compacted gravel, or other dust-free material, and must be district of the Town, except�th t �BusinessnDistr"ictsY"CbeandtapIishall notany graded so as to drain properly. ";i permitted in a Residence District R15. j; 2. Access and Sidewalks: Access drives shall be paved with blacktop, concrete, or other solid material. Driveways and walkways shall provide ! SECTION 32. Business Districts "A". Permitted uses in a Business District "A" safe access, egress and traffic circulation within the site. The place- shall be the following: ment, size and arrangement of access to public ways shall be subject to the approval of the appropriate highway authority. Where density of 1. Retail food store population or school bus routes make it necessary, the applicant shall j 2. Business or professional offices install sidewalks, with the approval of the appropriate highway authority. 3. Bank or other financial institution 4. Bookstore 3. Recreation: The applicant shall provide recreation areas for children on j 5. Drug store the premises, in such amount as may be necessary to protect the health, 6- Hardware store safetygeneral welfare of the children and residents in the district. and g 7. Package liquor store 4. Screening of waste and refuse: No waste or refuse shall be placed outside 8. Smoke shop 9. Utilities any building in the Multiple Residence District except under the following conditions: an area common to all buildings, or a separate area for each building shall be reserved at the rear of the structure or structures. �' SECTION 33. Business Districts "B". Permitted uses in a Business District 'B" This area shall contain bins, or other receptacles adequate to prevent the o shall be the following': scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. , 1. Any of the uses permitted in Business District "A" 2. Barber 5. Signs, as regulated by the Town of Ithaca Sign Law. 3- Dry cleaning Pick-up station 4. Florist SECTION 30. Site Plan Approvals. No buildingpermit shall be issued for a 5. Beauty Parlor buildingwithin a Multiple District unless the proposed structure is 6. Hand or coin operated laundry p P p /�, 7. Nursery in accordancewith a site plan approved pursuant to the provisions of Article .� 8. Milliner IX. 9. Greenhouse 10. Retail stores, except automobile sales agencies 11. Shoeshiner, shoemaker, and repairer 12. Tailor P j` 13. Telegraph and telephone P p e office 14. Any municipal or public utilit ur utilit service y P Pose n ecessary to the maintenance of Y s 15. Fire station or other public building necessary to the protection of or J. 16. Public lib SECTION 34. Business Districts 'C". Permitted t shall be the following: uses in a Business District "C" 1. Any of the uses permitted in Business Districts "A" and "B" 2. Automobile sales agency, provided that the display of automobiles and accessories is conducted entirely within a building 3. Theatre, skating rink, bowling alley, dance hall where activit involved is conducted exclusively inside a building p oviided ethat such Place of business shall be located at least 200 feet from a residence district 22 IIJ%, 23 a 4. Building amply SECTION 36. Permitted Accessory Uses. Permitted Accessory Uses in Business S. Dry cleaner Districts "A" "Bn "Clip n „ C , D , and E' shall be the following: 6. Dyer 7. Electrical shop „ 1. Automobile parking and off-street loading areas, subject to the further g. Glass shop j requirements of this article. 9. Heating shop l 2. Accessory storage buildings, but not to include outside storage. 10. Monument works 3. Signs, as regulated by the Town of Ithaca Sign Law. 11. Plumbing shop 4. The dwelling of a guard, caretaker or custodian but not more than one 12. Printer g 13. Restaurant or other place for the serving of food. if alcoholic beverages dwelling unit per building. are served the lace of business shall be located at least 500 feet from an adjacent school or church or 150 feet from a residence district �0 SECTION 37. Area, Yard, and Height Requirements shall be the following: 14. Hotel or motel g q 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 1. Area: a minimum tract of 2 acres is required for the development of a owner and only on the approval of the Board of Appeals Business District. 16. Boat harbor and marina 2. Yards: Front yards not less than 30 feet. 17. Appliance sale and service a ar s - none required where a art wall is constructed ' 18. Ambulance Service � q party ut not ess than 20 feet from any structure to a side property 19. Arts and craft studio line. 20. Bicycle sale and repair 21. Caterer Rear Yard - not less than 30 feet. 22. Confectionery, 3. Height: all structure shall conform in height to other strut 23. Decorator ` vicinit • 24. Dressmaker Ya a shall exceed 2 stories in height, structures in the no structur 25. Furrier 26. Optician SECTION 38. Special Requirements shall be the following: 27. Photographer 26. Refrigeration sale and repair � � �� 9 1. Parking: a minimum of 300 square feet of parking area, including lanes 29. Undertaker and driveways, shall be provided for each 100 square feet of floor area, 30. Upholsterer excluding basements used for storage, except in the case of the following uses, .for which off-street parking shall be provided in accordance with SECTION 35. Business Districts "D". Permitted uses in a Business District "D" j the following schedule: shall be the following: Office or bank building: one space for each 200 square feet of office or 1. Gasoline sales station or garage for repairs, provided that all servicing 'Y11 an oor area. of vehicles shall take place on private property, and that no repair work, Auditorium stadium theatre or other lace of ublio assembly. Funeral except short-term emergency repairs, be carried on out-of-doors. Such fh ome or mortuar or restaurant: one space or eat seats. a e tree spaces or each lane. uses are subject further to Section 71 and Section 54. Fetal 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. s SECTION 35A. Business District "Ell. Permitted uses in Business District "Ell Hotel motel: one space for each guest room, which space must be avail- p shall be the following: � a eat m g t. Skati rink and dance hall: 1. Restaurant or other lace for the serving of food. If alcoholic beverages ce� tie ce city in parking spaces equal in number to 20 per p ngP Y persons shall be provided. are served, the place of business shall be located at least 500 feet from artment: one parking space for each dwelling unit. an adjacent school or church or 150 feet from a residence district. j There shall be no 2. Hotel or motel. parking in any required front, side or rear yard. p g Parkin lots shall be surfaced with black-top, stone or other material 3. Club House or Lodge, provided that no buildings so used shalt be within ///� g 100 feet of any street, or within 150 feet of the lot line of an adjoining % that does not produce dust and shall be graded so as to drain properly. owner and only on the approval of the Board of Appeals. / 2. Off-street loading: no less than one off-street loading space shall be 4. Boat Harbor and Marina. required for each 20,000 square feet of floor area, including basement. i � l 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,9, shall be adequately lighted. No lights shall be placed so as i Y 24 25 i 3 to reflect in an objectionable manner on adjoining residential properties or public streets. Driveways and walkways shall provide safe access, ; ARTICLE VIII P Y Y egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval LIGHT INDUSTRIAL DISTRCTS of the appropriate highway authority. Where density of population or school bus routes make it desirable, sidewalks shall be installed with the approval of the appropriate hi hwa highway authority. 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 4. Signs, as regulated by the Town of Ithaca Sign Law. District R15. 5. Buffer areas and screening: no structure shall be placed nearer than 50 feet from an residence district and 25 feet from an agricultural dis- SECTION 41. Permitted Principal Uses. The y principal uses permitted in a Light Industrial District shall be: industrial uses employing electric tract. A strip at least 10 feet wide shall be suitably planted to screen r other motor power, or utilizing hand labor for fabrication or assembly power or g a Business District from present or future residences, or a suitable screening fence shall be erected. No waste or refuse shall be placed outside any building inm a Business District except under the following SECTION 42. Performance Standards. An use shall be so operated as to comply conditions: an area common to all businesses, or a separate area for each with the performance standards governing noise, smoke emissions, and or business shall be reserved at the rear of the structure or structures. % P g g These areas shall contain bins, or other receptacles adequate to prevent / hereinafter set forth. the scattering of waste and refuse, and shall be planted or fenced so as % 1. Noise. At no point on the boundary of a Residence, Multiple Residence or to be screened from the public view. No refuse shal 1 be burned on the � y premises. Business District shall the sound pressure level of any individual opera- tion or plant, other than the operation of motor vehicles or other - 6. Landscaping, fencing and screening shall be provided in any area where the I portation facilities, exceed the decibel levels in the designed octave proposed structure or use would create a hazardous condition or would bands shown below for the districts indicated. j detract from the value of neighboring property if such landscaping, fencing or screening were not provided. Along Business District Boundaries �, �� Octave Band Along Residence Multi le Residence Maximum Permitted 7. In the event that any of the uses permitted in Business Districts C j g , p involve auxiliary, small-scale assembly, repair, processing or fabrics- % Cycles Per District Boundaries - Maximum tion, such activity shall take place only in connection with products or Second Sound Level in Permitted Sound Level in Decibels Decibels services offered for immediate sale or direct service to customers on the premises, and further provided that no objectionable noise, smoke, odor, % to79 vibration or disorder created thereby shall be experienced beyond the lot 75 to 150 67 74 1` lines of said businesses. 150 to 300 59 66 300 to 600 52 8. Displays: in Business Districts "A", "B", "C" and "E" no outside displays 600 to 1200 46 59 53 shall be permitted. 2400 to 4800 34 47 above 4800 32 41 39 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 Sound levels shall be measured with a sound level meter and associated Article IX. octave band filter manufactured according to standards prescribed by the American Standards Association. 2. Smoke. The emission of any smoke from any source whatever to a density o� greater than the density described as #2 on the Ringelmann Chart is prohibited. The Ringelmann Chart as published and u Mines, U.S. Department of Interior, is herebyn the Bureau of adopted ed and made part of these regulations. 3. Odors. No use- shall emit noxious, toxic or corrosive fu mes, gases, or matter, in such quantities as to be readily detectable at any point along the boundaries of the lot wherein it is located. 26 27 l SECTION 43. Accessory Uses. Accessory uses permitted in a Light Industrial District shall be the following: S. Buffer areas and screening: no structure shall be placed nearer than 50 feet from any residence or 25 feet from an adjoining Agricultural Dis- 1. Automobile parking and off-street loading areas subject to the further trict. A strip at least 10 feet wide shall be planted or Li suitablyfenced requirements of this article. so as to screen the Light Industrial District from present or future ,, g residences. 2. Accessory storage buildings, but not to include outside storage. 6. Landscaping, fencing and screening shall be provided in an area where the ro o Y 3. Signs, as regulated by the Town of Ithaca Sign Law. p p sed structure or use would create a hazardous condition or would 4. The dwellingof an owner, erator, or manager, or of a % detract from the value of neighboring property if such landscaping, , op , g , guard, caretaker, fencing or screening were not provided. or custodian, provided that no more than one dwelling unit per industry j shall be established. SECTION 45-a. Site Plan Approvals. No building within a Light Industrialistrict unless the shall be issued fora building proposed structure is in accor- SECTION 44. Area, Yard, Coverage and Height Requirements shall be as follows: j, dance with a site plan approved pursuant to the provisions of Article IX. 1. Area: a minimum tract of 10 acres is required for the development of a Light Industrial District. 2. Yards: Front Yard - not less than 150 feet. Side Yaa - not less than 60 feet from any structure to a side property line. Rear Yards - not less than 50 feet. j 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. f 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. Parking lots shall be surfaced with black-top, concrete, or other solid material and l shall be graded so as to drain properly. 2. Off-street loading: off-street loading areas in such amount as may be Al" 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 1 arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Where density of population or school bus routes make it desirable, the applicant shall install sidewalks with the approval of the appropriate highway authority. % 4. Signs, as regulated by the Town of Ithaca Sign Law. A 28 IM 29 I i ARTICLE IX submitted and approved by the Planning Board before a building permit may SITE PLAN APPROVAL � be issued. This site plan shall show property lines, including metes and bounds, adjacent public streets topography, ro o ' including existing and proposed sed contours, size and location of structures area and location of parking, g ' SECTION 46. Procedure. Before an application is submitted to the Town Board P g, off-street loading and access drives, proposed signs and r� a n n n r "Ell for establishment of a Multiple Residence, Business A , 'B , C , 'D' , and EO necessary Proposed landscaping and any ,other features deemed reasonably and any other Special Land Use Districts, the establishment of which may here- %fi ►'y by the Planning Board for adequate stud of the proposed plan. after be permitted under this Ordinance, all hereinafter referred to as "Dis- Y P P „ ,� 2. The Planning tracts , the applicant shall proceed as follows: g Board may require such changes as are necessary to meet the requirements of this ordinance. The Planning Board may make such reason- changes in the requirements 1. The applicant will submit a general site plan to the Planning Board which as they may deem appropriate, subject to shalt also show property lines, including metes and bounds, adjacent a� Public hearing thereon as provided by Section 281 of the Town Law, public streets, topography, size and location of existing or proposed structures, and the applicant shall submit such other plans and informa- 3. Upon submission of a final site plan, the Planning Board shall a rove or tion and any other features deemed reasonably necessary by the Planning disapprove the site plan' y the site. The owner shall be bound b PP Planning e plan as approved by the Board for adequate study of the proposed plan. g Board. 2. The Planning Board may require such changes in the general site plan as are necessary to meet the requirements of this Ordinance and may make any other recommendations which it deems necessary to promote the general health, safety, morals and the general welfare of the community. The Planning Board shall then adopt a resolution recommending either approval, approval with modifications, or disapproval of the proposed plan. Before any such resolution is adopted, the Planning Board shall hold a public hearing which shall be heard by the Planning Board within 30 days of the filing of the general site plan with the Planning Board, and such hearing shall be advertised in a newspaper of general circulation in the Town of % Ithaca at least five (5) days before such hearing. The Planning Board shall make its recommendation within the thirty (30) days after the hearing and forward the same to the Tam Clark. The Town Board shall then hold a public hearing on the proposed district with the same notice required by law in the case of an amendment to the r Zoning Ordinance. If the Town Board establishes such district after such hearing, it shall define the boundaries thereof, approve the general site plan and impose any modifications and additional requirements as it may determine. Before finally establishing any such District, the Town Board may refer the application to the Town Planning Board or the Board of j Zoning Appeals for such further consideration as the Town Board may require. No building permit shall, in any case, be issued on the basis of a general site plan. 3. Whenever a District is created pursuant to the provisions of this Article, the owner shall be bound by the site plan as approved and adopted by the Town Board. l f � SECTION 46-a. Site Plan Requirements. 1. After a Multiple Residence, Business, Light Industrial or Industrial ' r District, or any other Special Land Use District, has been established by the Town Board and whenever a specified development or changes in the r1 general plan are proposed, a site plan for the proposed use must be U f 30 i; 31 f NI ARTICLE X %l INDUSTRIAL PRODUCTS 2• Off-street loading; off-street loading areas in such amount as ma //, necessary for the sizes and types of proposed industrial operations habe be provided, SECTION 47. Use Regulations. In Industrial Districts buildings and land may 3. Access and Sidewalks: access drives shall be used for any lawful purposes except for dwelling purposes and except that , concrete, or other solid be paved with black- material and top, all uses of land and buildings, and industrial processing that may be noxious the evening, > if business is to be�� - 9, shall be ad carried on 'adequately lighted. No lights shall be placed rt as or injurious by reason of the emission of dust, smoke, refuse matter, water / � to reflect in an objectionable manner on adjoining residential carried waste, odor, gas, fumes, noise, vibration, or similar substances or or d properties conditions may be permitted only upon special approval of the Board of Appeals. Public streets. circulation Driveways and walkways s shall provide safe access, Y P Y Po P such App f i egress and traffic circulatin within the site. The placement, size and Such industries as the following shall require such approval: � arra ngement of access to public streets shall be subject to the approval Of the appropriate h; hwa 9 y authority. 'y population or Y• Mlhere densit of 1. The manufacture or refining of acid, alcohol, ammonia, asphalt, tar and � school bus routes make it desirable, the applicant shall install sidewalks waterproofing materials, bleach, chlorine, celluloid, disinfectant, with the approval of the appropriate highway authority. exterminants and poisons, fertilizer, glue, lamp black, matches, oil cloth and linoleum, paint, oil, shellac, turpentine and varnish, paper and pulp, 4. Signs, as regulated by the Town of Ithaca Sign Law. potash, pyroxylin, rubber and gutta percha, sauerkraut, shoe polish, and creosote treatment or manufacture, stove polish, and garbage, offal, or 5. Buffer areas and screening; no structure shall be placed nearer than 50 hides and skins. trac dead animal reduction, hog farms and the tanning, curing and storage of � � feet from any residence or 25 feet from an adjoining Agricultural Dis- t. A strip at least 10 feet wide shall be planted or suitably fenced so as to screen the Industrial District from P Y 2. Any of the following factories or works: arsenal, blast furnace, boiler �� ,�„ present or future residences. works, iron, steel, brass or copper foundry, metal ore, smelting, planing 6. Landscaping, fencing and screening shall be provided in any area where the mill, rolling mill and stockyards or slaughter house. proposed structure or use would create a hazardous condition or would detract from the value of 'neighboring property if such landscaping, 3. The manufacture or refining of brick, tile and terra cotta, cement, lime, �%' fencing or screens Y gypsum and plaster; emery cloth and sandpaper; paving materials; and the screening were not provided. use of a coke oven or stone crusher. SECTION 50-a. Site Plan Approvals. No n9 , g parts scrap �� building APP building permit shall t issued for n 4. The wrecks of automobiles and the storage of used auto , p /� builds within an Industrial District unless the metal, or junk, rags and paper, and used building materials. accordance with a site plan a P Proposed structure is in P approved pursuant to the provisions of Article IX. 5. The manufacture or storage of explosives and gas, oil and other inflammables or petroleum products. SECTION 48. Performance Standards. Any use established in an Industrial District shall be so operated as to comply with the performance standards governing noise, smoke, emission and odor hereinbefore set forth in Article V111, 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 re uirrl ' "' Y q / except as provided in Sections 61 and 63. SECTION 50. Special Requirements shall be as follows: 1. Parkin a minimum of one g: parking space shall be provided for each employees. Parking shall not be located in any front yard. Parking 10 shall be surfaced with blacktop, concrete, or other solid material shall be graded so as to drain properly. 32 j, ARTICLE XI reviewed at such meeting and the Chairman shall set a date for a public hearing, notice of which shall be (i) posted and (ii) AGRICULTURAL DISTRICTS published at least two times in the official newspaper, the first publication of which shall be at least 10 days prior to the date set for the hearingand ( SECTION 51. Use Regulations. In Agricultural Districts buildings and land may property lying within 1,000 fet of the proposed to mailed owners nand to be used only for any lawful farm purpose, for a riding academy or for any use such other owners of property in the vicinity of the proposed permitted in a Residence District R30. Other provisions of this ordinance site as the Chairman of the Board shall determine. It shall be notwithstanding, the following uses or activities shall not be permitted nearer sufficient if the determination of ownership is based on the to any Residence District than the following specified distances: current assessment roll and assessment map, but the failure to notify all such owners shall not render defective any action of 1. Establishment for the raising of fur-bearing animals - 1,000 feet. the Planning Board or the Board of Appeals. The date of such public hearing shall be within 40 days from the date on which 2. Animal hospital, kennel, or place for the boarding of animals - 1,000 the completed application was filed with the Clerk of the Planning Board. feet. 3. In Agricultural Districts, no non-agricultural purposes be erected 1. The Planning Board may at any stage of the proceedings require or extended to exceed thirt (30) feet in height. For ur oses of this ; additional information documents or testimony, and may adjourn he floor in If final consideration of its recommendation for a reasonable provision, the height of a structure shall be measured from t period for the foregoing purpose and for further study and contact with the ground surface, review, but no more than 60 days after the first date set for i the hearing. JIMMIE, SECTION 51A. Radio Transmission Towers. C. Upon the completion of the hearing, and any adjournment thereof, In addition to the uses provided ingSection 51, Radio Transmission Towers maythe Planning Board shall adopt, by resolution, a written recommen- be constructed and maintained in Agricultural Districts subject to the pro dation in the nature of an advisory opinion, Such report may (i) recommend acceptance, or rejection of the application in full or in visions of this section. art or P (ii) acceptance with conditions or (iii) include such other 1. A Radio Transmission Tower, as used in this section, shall be a radio recommendations or opinions as the Planning Board shall determine. tower transmitting radio broadcasting signals, operated by a commercially sed by the Federal Commu m- j 1. The report shall also be filed with the Clerk of the Board of operated radio broadcasting station, and licen Appeals who shall deliver promptly a copy to each member of such cations Commission, ' n operation and Board. n permit shall be issued for the construction, op / 2. No building p 4. BOARD OF APPEALS PROCEDURE. maintenance of such a tower except by special permission of the Board of Appeals after receiving an -advisor opinion or recommendation from the Tow 9 y p a. The Clerk of the Board of Appeals shall M place the application Town Planning Board, in accordance with the following procedures. on the agenda for the next meeting of the Board, and 00 shall cause g a notice to be published in the official newspaper, at least once 3, Filing Application and Planning Board Procedure. giving notice of a public hearing which shall be held on such day and a. The applicant will submit a written application for such a permit l at such time as the Chairman of the Board shall direct. with the Building Inspector (or such other person as may be desig- nated by the Town Board). The applicant will submit such information % Written notice of such hearing shall also be mailed in accordance and documents as the Building Inspector (or any other officer or Town with the provisions of Section 32 above (Planning Board Procedures). these documents Such notice shall be published and posted at least 10 days prior to agency having jurisdiction) may require. Included in s submitted by the hearing and such hearing shall be held not later than 40 days must be a development plan and copies of all document the applicant to the Federal Communications Commission or any other / following the-filing of the Planning Board's report with the Clerk of governmental agency having jurisdiction. The Building Inspector will %/ the Board of Appeals. not be required to proceed under this law, until an application is b. The hearing before the Board shall be conducted inaccordance complete. with lawful procedures, as an appeal Y a pp proceeding before the Board. b. As soon after the applicant has filed all documents and supplied all The hearing may be adjourned and the Board may request further information required by such Officer, but not later than 30 days from , information and recommendation from the Planning Board, or may send the date a completed application is filed, the Officer shall file �� the application back to the Planning Board for further review. such application and all other documents with the Clerk of the M l _ Planning Board, who shall place the application on the agenda for the r next meeting of the Planning Board. The application shall be r % J 34 35 ji C. After the completion of all testimony given at the public hearing and 7. The applicable procedures of the State and Local SEOR Laws the submission of all pertinent matters arising out of the applica- ll complied with. shall be tion, the Board shall make its determination by a resolution adopted by a majority vote. Such determination shall be made and filed 8. MISCELLANEOUS. within 60 days of the date on which the first public hearing was held. The applicant shall be notified of the Boards decision and / % a. The applicant will furnish a typewritten list of all owners of PP copies shall be filed with the Town Clerk, the Zoning Officer and the / �////i yP � � property in the area to whom notice must be mailed including their Clerk of the Planning Board. j i� address and tax parcel number. S. The Planning Board, in making any report, and the Board of Appeals before,;, b. Because of the special nature of the proposed use, the applicant rendering its decision, shall consider the following standards and j„ P pp shall pay the cost of publishing the requested notices in the matters: /% newspaper and the cost of mailing notices to the owners of other j properties as required by this law, in addition to the fees (1) The need in the community for the proposed use. prescribed for issuance of building permits. (2) The appropriateness of the proposed site including such matters, f " C. All provisions of P the Town s Zoning Ordinance and other applicable among others, as the following: laws not inconsistent with this law shall govern all g proceedings. a. The availability of alternative sites. b. The physical features and the general character, present use, and probable future use of the land in the neighborhood. C. Is the density of the land in the vicinity such as to warrant ;, the use? proposed d. Is the site reasonably adapted for the proposed use. e. The distance from existing and proposed public rights of way and from existing residential development; nature of access to and from the site. f. The adaptability of the site for the proposed use; topography, natural buffers, screening and fencing. ; f n for the proposed use. The radio g. The size o the site chose e p pos u transmission tower must be located on an unoccupied parcel having an area of sufficient size that no part of the tower will fall on neighboring property should the structure collapse and the size shall provide a buffer to other properties in the neighborhood. The size shall be at least SIX ACRES. h. Will project regularly cause objectionable odors, noise, 1 G�; glare, vibration, or electrical disturbance as a result of the project's operation? (3) The effect of the proposed use on the other properties in the neighborhood and the enjoyment by the inhabitants of their properties ��,�,, and whether it will materially affect the value of such properties and the use and enjoyment of such properties b the occupants and an � P P Y P � other effect of such use on the health, welfare and safety of the occupants of such properties. ' 6. No building permit shall be issued until final approval has been grate to the applicant by any County, State and Federal Agency having jurisdic- tion in the matter and any and all other permits which may be requires' %i have been issued to the applicant. 36 %; _ 0, ARTICLE XII ARTICLE X111 NONCONFORMING USES GENERAL PROVISIONS SECTION 57. Existing Lots. Other provisions of this ordinance SECTION 52. Continuatio�nof 3F.x�ti lawful fuse ofelarui,�orpa build�rng or part notwithstanding, nothing shall prohibit the use for a single family dwelling of Sections 53, 54, 55, 56, Y a lot of deed record at the time of the passage of this ordinance, as amended, thereof, existing at the time of this ordinance as amended, may be continued, although such building or use does not conform to the provisions thereof. of less than the required size of lot in any district except an Industrial Dis- trict, provided that all other provisions of this ordinance are complied with. SECTION 53. Abandonment of Use. When a non-conforming use has been abandoned g in any district shall be erected in for a period of at least one year, it shall not thereafter be reestablished and SECTION 58. Building Floor Area. No dwelling the future use shall be in conformity with the provisions of this ordinance, or altered so as to provide for less than 600 square feet of net enclosed floor except that a nonconforming use that ceases to operate because of a national area. emergency or because of government restrictions, may be resumed within a period of one year from the time that such emergency terminates or such restrictions SECTION 59. Trailers. Trailer camps or parks and trailers or mobile homes for are removed. occupancy shall be prohibited in all districts except Residence District R5 except as follows: SECTION 54. Alterations. No nonconforming building or use shall be extended a. One mobile home may be placed on a vacant lot in a residence or except as authorized by the Board of Appeals. ff agricultural district for use as temporary housing during the construction SECTION 55. Changes. A non-conforming use may be changed to another of a permanent dwelling on said lot for a period not to exceed 18 months, non-conforming use of the same or more restrictive classification and when so unless such period be extended by permission of the Town Board, provided changed to a more restrictive use, it shall not again be changed to a less that said trailer shall be occupied by the owner of record of said lot. restrictive use. The order of the classification of restrictiveness from the most restrictive to the least restrictive shall_ be as follows: ;, Said trailer must be 'removed upon the completion of construction although the 18 month time limit may not have fully expired. Areas of Special Flood Hazard b. Upon special approval of the Zoning Board of Appeals to be reviewed each Residence District R30 year, one mobile home for each property owner shall be permitted in all Residence District R9 Residence District R agricultural and R30 districts, provided that one of the occupants of said :. Multiple Residence District mobile home shall be a full time agricultural employee of the property Agricultural District owner or a bona fide agricultural student doing agricultural work for the Business District "A" property owner. Business District "B" ; r, Business District "C" Business District "D" o (V 59A. Dish Antennae. Free-standing and roof-mounted dish antennae shall , be Business District "E" prohibited from all districts except as follows: G Light industrial District Industrial District /// a) _ in Residential Districts R9, R151 and R301 and Agricultural I Districts, a free-standing dish antenna with a diameter or height of 15 feet or less shall be considered a permitted accessory building p ��/, and subject to all applicable yard and height requirements. SECTION 56. Restoration. Nothing herein shall prevent the continued use and � / �� ` substantial restoration of a building damaged by fire, flood, earthquake, act „� of God, act of the public enemy or catastrophe within 6 months provided such b) in all other zoning districts, free-standing or roof-mounted dish damage constitutes an amount less than 75% of the replacement cost of such � �/„� antennae with a diameter of less than six (6) feet are permitted. In building. The time limit may be extended by the Board of Appeals in cases of �� such districts such antennae with a diameter of six feet or more may � ��i,, ` y practical difficulty or unnecessary hardship. r/��ii� be permitted following site plan review by the Planning Board. in the site plan review, the Planning Board shall consider: / i) the aesthetic effect of such antenna and the effect on neighborhood property values; ii) the accessibility of the particular property to commercial cable television service; iii) the location of the property and its effect on the physical / effectiveness of the dish antenna• iv) landscaping, berming and buffering. 38 /%i, 39 is r ` c) Except as permitted as part of the site plan approval in the SECTION 63. Side and Rear Yard Transition. On every lot in a Business or preceding paragraph, no dish antenna may exceed 15 feet in height 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 when measured vertically from the highest exposed point of the � g antenna, when positioned for operation, to the bottom of the base lines where it abuts such Residence District. which supports the antenna. d) No dish antenna may be located on any portable device, including a SECTION 64. Porches and Carports. In determining the percentage of building trailer, designed principally for the transportation of such dish coverage or the size of yards for the purpose of this ordinance, porches and antenna. However, a portable or trailer-mounted antenna may be carports, open at the sides but roofed, shall be considered a part of the placed on a lot by an antenna installer for a period not to exceed building. one week for the purpose of determining the most acceptable place for a permanent installation. SECTION 65. Fences and Walls. The provisions of this ordinance shall not e) A dish antenna located on a building within 200 feet of an R9, R15, apply to fences, or walls not over 6 feet high above the natural grade, nor to or R30 zone shall not exceed 6 feet in height above the roof height terraces, steps, unroofed porches, or other similar features not over 3 feet at the building line. high above the level of the floor of the ground story. r f) The installation of all roof-mounted dish antennae must be certified by a registered architect or professional engineer. 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 projec- g) No such antenna or device shall be abandoned unless the owner removes tion of sills, belt courses, pilasters, leaders, chimneys, cornices, eaves and same from the premises and restores the surface of the ground to its ornamental features, provided that no such projection may extend more than 2 original grade and approximately the same condition as before the feet into any required yard, antenna or device was installed. Bays including their cornices and eaves, may extend not more than 2 feet into h) Applicability. Regulations on dish antennae apply to all types of any required yard provided that the sum of such projections on any wall shall installations, such as: not exceed one-third the length of such wall. i) Dish antennae serving more than one user on a single lot, such as apartments in an apartment complex, mobile homes in a mobile An open fire balcony or fire escape may extend not more than 4 feet into any home park, or separate business establishments in a single ` ',= required yard. business building; ii) Dish Antennae operated by commercial, regulated SECTION 67. Reduction of Lot Area. Whenever a lot upon which stands a cable systems;iii) Dish antennae which serve one user on one lot, 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 SECTION 60. Junk or Salvage Yards. Any area used for the processing, storage, ' � , or sale of rags, scrap paper, scrap metal, or junk, including automobile these requirements. The provisions of this Section shall not apply when a salvage yards or used automobile parts or building materials salvage yards portion of a lot is taken for a public purpose. 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 ON 68.SECTION 'More than One Building on a Lot. When there is more than one shall be no nearer than 25 feet from any public highway right of way line. S ECTI al g g There shall be no storage outside the fence. Any such junk yards existing at principal building on a lot in an district the space between such buildings the time of enactment of this ordinance shall comply with these requirements %'; must be at least equal to the sum of the side yards required by such buildings within one year of such date. � � or the sum of the rear and the front yards as the case may be. , r f SECTION 69. Parking Facilities. Every buildinghousingg or designed to house 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 more than 2 families shall provide in connectin with it and on the same lot 50 feet from the district boundary line into such Industrial District, a front garage space or .off-street parking space for automobiles equivalent to the yard equal in depth to one-half the required front yard in the Residence number of dwelling units provided in such dwellings. No automobile parking District. area shall be included in any front yard, except for a lot with a single dwell- ing, housing not more than 2 families. �f SECTION 62. Side Yard on Corner Lot. On a corner lot in a Residence or The following uses shall be provided with off-street parking facilities: 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 1. School or other educational institutions - 2 spaces for each class room, event less than 10 feet. 2. Hospital, sanitarium or nursing or convalescent home - 1 space for each 2 , r—, beds. 40 41 f 3. Medical clinic - 4 spaces for each doctor, or for each office in which a SECTION 73. Abandoned Cellar Holes and Buildings. Within one year after work me ica y-tra ned person is regularly in attendance, whichever figure is 1 on any excavation for a building has begun, any excavation for a building shall larger. be covered over or refilled by the owner to the normal grade. Any building 4. Rooming house or tourist house - 1 space for each room offered to rent. substantially destroyed by any cause shall be rebuilt or demolished within one 5. Fraternity or sorority house or membershipclub - 1 space for each 4 beds, year. Any excavation or cellar holes remaining after the demolition or des- or one space for eac mem ers, whichever igure is larger. truction of a building from any cause shall be covered over or filled by the owner within one year. SECTION 70. Extraction of Natural Products. In any district no sod, loam, sand, gravel or stone shall be removed or offered for sale except in connection with a public work on the property or the removal of silt or other recently accumulated material that blocks a normal flow of a water course without the special approval of the Board of Appeals. 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 remo- val, soil types to be removed, and proposed regrading and replanting of the property upon completion of the operation. 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 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 reason- able 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. i 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 o or public garage shall be within 15 feet of any street line or highway right of way line, and when so installed shall not be a violation of front yard requirements specified elsewhere in this ordinance. J SECTION 72. Approval of County Health Department. No building permit, trailer permit, or certificate of occupancy issued under the terms of this ordinance shall become or remain valid unless the holder thereof complied with rules and 1,; regulations of the Tompkins County Health Department under the terms of the County Sanitary Code. i i a 43 42 ; I ARTICLE XIV 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 ADMINISTRATION issue. SECTION 74. Enforcement. This ordinance shall be enforced by a person ; SECTION 76. Certificate of Occupancy. Each property owner shall be designated by the Town Board who shall in no case, except pursuant to written responsible for compliance with all terms of this ordinance affecting his pro- order of the Board of Appeals, grant any building permit or certificate of perty, including restrictions on change of use. Upon application and inspec- occupancy for any building or premises where the proposed construction, altera- tion or explanation satisfactory to the person designated by the Town Board, tion or use thereof would be in violation of any provision of this ordinance, such property owner shall be entitled to a Certificate of Occupancy certifying that the occupancy or proposed occupancy complied with this ordinance. SECTION 74E. Applications for Approvals, Remedies or Relief. Every applicant The fee for the issuance of a Certificate of Occupancy shall be $15.00. for any approval, remedy or any other relief under this Article or any other Article of this Zoning Ordinance shall disclose the information required by SECTION 77. Board of Appeals. There is hereby Appeals Section 809 of the General Municipal Law. Appe y established a Board of which shall function in the manner prescribed by law. SECTION 75. Permit to Build. No principal building or accessory building, nor 1. The members of the Board of Appeals shall be residents of the Town of any other structure, including but not limited to, tanks, power and pump ' Ithaca and shall be appointed by the Town Board to serve for terms as stations, swim pools, and signs (except as permitted by the Town of Ithaca Sign prescribed by law. Vacancies occurring in said Board by expiration of Law), in any district, except an accessory building in an agricultural dis- term of otherwise shall be filled in the same manner. trict, shall be begun or enlarged without a Permit to Build issued by the person designated by the i Town Board. This waiver of the building permit 2, The Board of Appeals shall choose its own chairman and vice-chairman, who . requirement in Agricultural Districts shall in case relieve the propertyof owner from compliance with other provisions of this chairman and vice-chairman shall preside in the absence of the chairman. I the absence the Board of Appeals shall choose one of its both the ordinance. No such permit i � number as actin chairman. Such chairman or the shall be issued, except pursuant to written order of the Board of Appeals, 9 , party acting in his where the proposed construction, alteration or use would be in violation of any stead during his absence, may administer oaths and compel the attendance of witnesses. The Board of Appeals may appoint a secretary who shall take provision of this ordinance. , r minutes of all its meetings and keep its records. Every application for a building permit shall state in writing the intended use ! 3 The Board of Appeals shall adopt fr to shown indicating the size and shape of the lot and buildings. om time to time such rules and . of the building and shall be accompanied a plot plan with all dimensions regulations as it may deem necessary to carry into effect the provisions ' � of this ordinance and all its resolutions and orders shall be in l dance therewith, accor- Every such application for a building permit shall also contain additional �� information such as the intended number of occupants, the number of rooms, r 4. An person aggrieved b an decision of an officer of the Town charged statement as to whether any portion will be occupied by the owner or will be t f with the enforcement of thisordinance may take an appeal to the Board ofleased, and such application shall be accompanied by an interior plan showing enforcement pay publication of notices of number and layout of rooms, and such application and such plan shall contain ' ; Appeals. The applicant shall a $10.00 for the such additional information as may be reasonably required by the Town Building the hearing required by law. Inspector or other officer authorized to issue such permit or as may be re- quired from time to time by the Town Board. / / 5. The Board of Appeals shall, in accordance with the provisions hereinafter contained in this Section, hear and determine appeals from any refusals of Ever application for a building permit shall be accompanied b a fee computed �j j�, a building permit or certificate of occupancy by the person designated by y basis g p p y p �'O' the Town Board or review an order or decision of said person where such on the basis of the value of the improvement to be constructed as follows: ��/;/%///%%// � Y order or decision is based upon the requirements of this ordinance. Value of Improvement Fee 000 $ 5.00 6. Where there are practical difficulties or unnecessary hardship in the way 1-$ 5 carrying Y9 out e strict letter o s ordinance, i// of in the lf this the Board of Appeals �jj0%/% 5 OO1- 10,000 10.00 shall have the power, in passing upon appeals, to vary or modify the 10,001- 20,000 20.00 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 2 0,001- 30 00 0 3 0.00 � � P� Y 30,001- 40,000 40.00 welfare secured and substantial justice done. . 40,001- 50,000 50.00 i l�/ /// 7. The Board of Appeals shall also hear and decide all matters referred to it 50,001- 100,000 100.00 /� �� or upon which it is required to pass by the terms of this ordinance. In 100,001- 500,000 150.00 500,001- 1,000,000 200.00 ��j j/�, granting specialdeciding such tters approvalethed to BoardtofY the Appealsrms of this shall determinenance that;and in Over 1,000,001- & Over 300.00 % /, � 44 //%" 45 f e a. The health, safety, morals and general welfare of the community in SECTION 83. Existing Zoning Ordinance Amended, Re-Adopted and Re-Enacted. The ' % existing Zoning Ordinance of the Tarn of Ithaca, New York, as amended, adopted harmony with the general purpose of this ordinance shall be promoted, October 25, 1954, is hereby re-enacted, readopted and amended. This re- except that as to all public buildings and educational buildings adoption and re-enactment and the adoption of any amendment shall not affect wherein the principle use is research, administration, or instruc- tion, the same shall be presumed to exist. any pending or prevent any future prosecution of or action to abate any viola- tion existing at the time this Ordinance as readopted, re-enacted and amended, b. The premises are reasonably adapted to the proposed use, and that if the use is in violation of the provisions of this ordinance as readopted, such use, except as to public and educational buildings, will fill a re-enacted and amended. Nothing herein shall be deemed to change the status of neighborhood or community need. non-conforming uses created by virtue of the Zoning Ordinance adopted October % 25, 1954, as amended, if such uses remain non-conforming under the provisions C. The proposed use and the location and design of any structure shall of this Ordinance, as readopted, re-enacted and amended. be consistent with the character of the district in which it is 1 located. d. The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. e. The proposed access and egress for all structures and uses shall be % safely designed. f. The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, r, safety and general welfare of the community. r= r 8. The Board may impose upon the applicant such reasonable conditions as it deems necessary to protect the general welfare of the community. L SECTION 78. Planning Board Recommendations. In making recommendation 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 develop- % f ment of the Town. ' r���� j SECTION 79. Violations and Penalties. Pursuant to Section 268 of the Town Law an person, firm corporation or other violating an provision of this ordi- nance Y P , , P 9 Y P shall be deemed guilty of an offense and upon conviction thereof shall be subject to a fine or to imprisonment as provided therein. Each week's con- tinued violation shall constitute a separate offense. SECTION 80. Amendments. This ordinance may be amended as provided b law. Y P Y Y• Y Y P j SECTION 81. Validity. The invalidity of an section or provision of this ordinance shall not invalidate any other section or provision thereof. SECTION 82. When Effective. This ordinance shall be in force and effect immediately upon adoption and publication as provided by law. 46 47 y ARTICLE XV (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of LOCAL LAW #5 - 1985 ' ;, initial construction; RELATING TO FLOOD DAMAGE PROTECTION (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; SECTION 1.0. STATUTORY AUTHORIZATION AND PURPOSE 1.1 STATUTORY AUTHORIZATION ' dredging, and other development which (4) Controlling filling, grading, may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which The People of the State of New York have in The New York State Constitution divert flood waters or which may increase flood Article IX, Section 2, delegated the responsibility to local governmental units will unnaturally to adopt regulations designed to promote the public health safet y, and general hazards in other areas. r welfare of its citizenry. Therefore, be it enacted by the Town Board of the Town of Ithaca, New York, as follows: SECTION 2.0. DEFINITIONS 1.2 STATEMENT OF PURPOSE Unless specifically defined below, words or phrases used in this Local law It is the purpose of the Local Law to promote the public shall be interpreted so as to give them the meaning they have in common usage p health, safety, and and to give this Local Law its most reasonable application. general welfare, and to minimize public and private losses due to flood condi- " means a request for a review of the Building Inspector's tions in specific areas by provisions designed: "Appeal (1 ) To protect human life and health; interpretation of any provision of this law or a request for a variance. "Area of shallow flooding" (motional if applicable) means a designated AO Zone (2) To minimize expenditures of public money for costly flood control on the Flood Insurance Rate Map (FIRM). The base flood depths range from one projects; to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. (3) To minimize the need for rescue and relief efforts associated with e expense of the general r chance of flooding in any given public; "Area of special flood hazard" means the la flooding and generally undertaken at the nd in the flood plain within a community subject to a one percent or greate year. (4) To minimize prolonged business interruptions; "Base flood" means the flood having a one percent chance of being equalled or (5) To minimize damage to public facilities and utilities such as water exceeded in any given year. and gas mains, electric, telephone, and sewer lines, and streets and �'Develo nt" means any man-made change to improved or unimproved real estate, bridges located in areas of special flood hazard; including but not limited to buildings or other structures, miningtherareanof (6) To help maintain a stable tax base by providing for the sound use and ' filling, grading, paving, excavation or drilling operations development of areas of special flood hazard so as to minimize future special flood hazard. flood blight areas; I; "Existing mobile home park or mobile home subdivision" means a parcel (or (7) To insure that potential buyers are notified that property is in an contiguous parcels) of land divided into two or more mobile home lots for rent area of special flood hazard; and or sale for which the construction of facilities for servicing the lot on which (8) To ensure that those who occupy the areas of special flood hazard the mobile have is to be affixed (including, at a minimum, the installation of of rete d the assume responsibility for their actions, utilities, either final site grading°before the r the �effectivecdate ofdthisnLocal construction of streets) is comp Law. 1.3 METHODS OF REDUCING FLOOD LOSSES ( ark or mobile home subdivision" means "Expansion to an existing mobile home p In order to accomplish its purposes,os i the preparation of additional sites by the construction of facilities for provisions for. p P es, this Local Law includes methods and servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete posts-or the construction of streets)_. (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result o in damaging increases in erosion or in flood heights or velocities; , 48 r 49 E **flood" or "flooding" means a general and temporary condition of building, , g �11 complete inundation of normally ry land areas from: Y partial or 'Structure" means a walled and roofed buildi a mobile home or a as or liquid storage tank, that is principally above ground. (1) The overflow of inland or tidal waters and/or ' "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 per cent of the market value (2) The unusual and rapid accumulation of runoff of surface waters from ,' of the structure either: any source. (1) Before the improvement or repair is started, or "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal ' Insurance Administration has delineated both the areas of special flood hazards (2) if the structure has been damaged and is being restored, before the and the risk premium zones applicable to the community. 1 damage occurred. "Flood Insurance Study" means the official report provided in which the Federal For the purposes of this definition "substantial improvement" is considered to Insurance Administration has provided flood profiles, as well as the Flood occur when the first alteration of any wall, ceiling, floor or other structural Boundary-Floodway Map and the water surface elevation of the base flood. % `` part of the building commences, whether or not that alteration affects the external dimensions of the structure. "Floodway" means the channel of a river or other watercourse and the adjacent 1 land areas that must be reserved in order to discharge the base flood without The term does not, however, include either: cumulatively increasing the water surface elevation more than one foot. "Lowest floor" means lowest level includingbasement crawls ace or g (1) Any project for improvement of a structure to comply with existing lowest enclosed area, P , garage of State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or Mobile home means a structure that is transportable in one or more sections (2) Any alteration of a structure listed on the National Register of built on a permanent chassis, and designed to be used with or without a perma- Historic Places or a State Inventory of Historic Places. nent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "Variance" means a grant of relief from the requirements of this Local Law which permits construction in a manner that would otherwise be prohibited by "New construction" means structures for which the "start of construction" this Local Law. commenced on or after the effective date of this Local Law. "New mobile home park or mobile home subdivision" means a parcel (or contiguous SECTION 3.0. GENERAL PROVISIONS parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a W3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES minimum, the installation of utilities, either final site grading or the 1 pouring of concrete pads and the construction of streets) is completed on or /; This Local Law shall apply to all areas of special flood hazards within the after the effective date of this Local Law. jurisdiction of the Town of Ithaca. "Start of construction" means the first placement of permanent construction of , �/ 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD a structure (other than a mobile home) on a site such as the g pourin of slabs � �/� A , or footings or any work beyond the stage of excavation. Permanent construction /" The areas of special flood hazard identified by the Federal Insurance Adminis- does not include land preparation, such as clearing, grading, and filling; nor tration in a scientific and engineering report entitled "The Flood Insurance does it include the installation of streets and/or walkways; nor does it rr ��////////////// Study for the Town of Ithaca, of Tompkins County, New York", dated June, 1984, include excavation for a basement footings, piers or foundations or the �„ � accompanying P Y' Y P� 9 , P � ��""' with Flood Insurance Rate Maps and Flood Boundary Floodwa Maps erection of temporary forms; nor does it include the installation on the �/ /�� and any revision thereto is hereby adopted by reference and declared to be a o f accessory buildings,di n s such as /O/ /property Y 9 , garages or sheds not occupied as � i part of this Local Law. The Flood Insurance Study is on file in the office of 9 dwelling units or not as part of the main structure. For a structure (other ��� the Town Clerk. than a mobile home) without a basement or poured footings, the "start of ���/// construction" includes the first permanent framing or assembly of the structure INTERPRETATION, CONFLICT WITH OTHER LAWS or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the In their interpretation and application, the provisions of this Local Law shall affixing of the mobile home to its permanent site. For mobile homes within ///////� be held to be minimum requirements adopted for the promotion of the public � ��� P P mobile home parks or mobile home subdivisions "start of construction" is the � ��/ �// , morals safety, or the general welfare. Whenever the requirements of 1��� health , Ys 9 q date on which the construction of facilities for servicing the site on which requirements of a other lawfully this Local Law are at variance with the the mobile home is to be affixed (including, at a minimum, the construction of adopted rules, regulations, or ordinances, the most restrictive, or that streets, either final site grading or the pouring of concrete pads, and in- % �j����/ imposing the higher standards, shall govern. stallation of utilities) is completed, 50 51 i � r 3.4 VALIDITY 4.2-1 PERMIT. APPLICATIONS. ADDITIONAL REQUIREMENTS. The invalidity of any section or provision of the Local Law shall not i nval i- a 1. The application for the permit must be made by the Owner(s) of the date any other section or provision thereof. property or by a person duly authorized by the Owner(s) on forms prepared by the Administrator. 3.5 PENALTIES FOR NON-COMPLIANCE 2. Any permit issued may require that work shall be begun on a date No structure or land shall hereafter be constructed located extended convey- r which shall be no more than three months after its issue. The ted, or altered without full compliance with the terms of this Local Law and estimated date of completion of the work shall appear on the permit. other applicable regulations. Violation of the provisions of this Local Law by ji 1The Building Inspector may grant extensions of time as he may rea- failure to comply with any of its requirements (including violations of condi- sonably determine, taking into account the factors and standards set tions and safeguards established in connection with conditions) shall consti- forth elsewhere in this law and he may require additional conditions tute a misdemeanor. Any person who violates this Local Law or fails to comply taking into account such factors and standards and any changes in the with any of its requirements shall, upon conviction thereof, be fined not more physical facts, or in any applicable law, code or regulations, and than $500.00 or imprisoned for not more than 30 days or both for each violation the extent of the progress of such work at the time of application. and, in addition, shall pay all costs and expenses involved in the case. i Such application for extension shall be made on forms prepared by the Nothing herein contained shall prevent the Building Inspector from taking such Administrator. other lawful action as necessary to prevent or remedy a violation. 3.6 WARNING AND DISCLAIMER OF LIABILITY - 3. It shall be the responsibility of the person to whom a permit is 1 issued to insure that all work and construction has been done in i compliance with the requirements of this law. The owner shall sign The degree of flood protection required by this Local Law is considered reason- J " and acknowledge a certificate that the work has been performed and able for regulatory purposes and is based on scientific and engineering con- % completed in accordance with all provisions of this law and the siderations. Larger floods can and will occur on rare occasions. Flood conditions of a permit. The Administrator may also require that such heights may be increased by man-made or natural causes. This Local Law does a certificate be signed by a competent person who has supervised or not imply that land outside the areas of special flood hazards or uses permit- examined the work. ted within such areas will be free from flooding or flood damages. This Local Law shall not create liability on the part of the Town of Ithaca, any officer 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR or employee therof or the Federal Insurance Administration, for any flood damages that result from reliance on this Local Law or any administrative Duties of the Building Inspector shall include, but not be limited to: decision lawfully made thereunder. 4.3-1 PERMIT REVIEW 0 SECTION 4.0. ADMINISTRATION � (1) Review all development permits to determine that the permit requirements of this Local Law have been satisfied. 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT (2) Review all development permits to determine that all necessary A Development Permit shall be obtained before construction or development `' permits have been obtained from those Federal , State or local govern- begins within any area of special flood hazard established in Section 3.2. mental agencies from which prior approval is required. Application for a Development Permit shall be made on forms furnished by the Building Inspector and may include, but not be limited to, plans in duplicate (3) Review all development permits to determine if the proposed drawn to scale showing the nature, location, dimensions, and elevations of the , development is located in the floodway. If located in the floodway, area in question, existing or proposed structures, fill, storage of materials, assure that the encroachment provisions of Section 5.30) are met. drainage facilities, and the location of the foregoing. !,4.2 DESIGNATION OF THE LOCAL ADMINISTRATOR 4.3-2 USE OF OTHER BASE FLOOD DATA When base flood elevation data has not been provided in accordance with Section A. The Building Inspector is hereby appointed to administer and imple- E 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Building ment this Local Law by granting or denying development permit appli- Inspector shall obtain, review, and reasonably utilize any base flood elevation cations in accordance with its provisions. data available from a Federal, State or other source, in order to administer B. The Building Inspector may include such conditions as he may reason- Sections 5.2-1, SPECIFIC STANDARDS, Residential Construction, and 5.2-2, ably require to carry out the purposes of this law and, further, in SPECIFIC STANDARDS, Nonresidential Construction. consideration of the technical evaluations, all relevant factors and standards specified in other sections of this law including, but not 1 �, 4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED limited to, those set forth in Section 4.4-1 (4), below. (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement or cellar) of all new Al i 52 53 or substantially improved structures, and whether or not the structure contains (i) The danger that materials may be swept onto other lands to a basement. the injury of others. 1 (ii) The danger of life and property due to flooding or erosion (2) For all new or substantially improved floodproofed structures: ' " damage. (iii) The susceptibility of the proposed facility and contents to (i ) Verify and record the actual elevation (in relation to mean sea flood damage and the effect of such damage on the indivi- level); and i dual owner. (ii) Maintain the floodproofing certifications required in Section (iv) The importance of the services provided by the proposed 5.2-3(3). f facility to the community. (3) Maintain for public inspection all records pertaining provisions of this Local Law. P g to the (v) The necessity to the facility of a waterfront location � where applicable. 4.3-4 ALTERATION OF WATERCOURSES NO The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (1) Notify adjacent communities and the New York State Department of J Environmental Conservation prior to any alteration or relocation of a (vii) The compatibility of the proposed use with existing and watercourse, and submit evidence of such notification to the Federal anticipated development. Insurance Administration. ; (viii ) The relationship of the proposed use to the comprehensive (2) Require that maintenance is provided within the altered or relocated plan and flood plain management program of that area. Portion of said watercourse so that the flood carrying capacity is not diminished. (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles. 4.3-5 INTERPRETATION OF FIRM BOUNDARIES (x) The expected heights, velocity, duration, rate of rise, and Make interpretations where needed, as to the exact location of the boundaries % sediment transport of the flood waters and the effects of of the areas of special flood hazards (for example, where there appears to be a wave action, if applicable, expected at the site; and conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity G (xi ) The costs of providing governmental services during and to appeal the interpretation as provided in Section 4.4. E after flood conditions, including maintenance and repair of 4.4 VARIANCE PROCEDURE ' public utilities and facilities such as sewer, gas, elec- i trical, and water systems and streets and bridges. 4.4-1 APPEAL BOARD i' (5) Upon consideration of the factors of Section 4.4-1(4) and the ij purposes of this Local Law, the Board of Appeals may attach such con- (1) The Zoning Board of Appeals as established by the Town shall hear and ditions to the granting .of variances as it deems necessary to further decide appeals and requests for variances from the requirements of j %r �' the purposes of this Local Law. this Local Law. / �, ons (2) The gZonin Board of (6) inclThe uding erd of cho cal information and theeals shall maintain records any variances totot�the 9 Appeals shall hear and decide appeals when it is // alleged there is an error in any requirements, decision or determi- Federal Insurance Administration j upon request. i P q nation made by the Building Inspector in the enforcement or adminis- tration of this Local Law. ///�% 4.4-2 CONDITIONS FOR VARIANCES (3) Those aggrieved by the decision of the Board of Appeals or any (1) Generally, variances may be issued for new construction and taxpayer owning property in the Town of Ithaca who may have a signi- % substantial improvements to be erected on a lot of one-half acre or ficant interest in the decision and the proceedings on which it was ��f less in size contiguous to and surrounded by lots with existing based, may appeal such decision to the Supreme Court �� structures constructed below the base flood level providing The New York State Constitution, as provided in � , p di g items tion, Article VI, Section 2 and by t �� ��% �- (i-xi) in Section 4.4-1(4) have been full considered. As the lot laws of the State of New York, ////, size increases beyond the one-half acre, the technical justification (4) in passing upon such applications required for issuing the variance increases. , the said Board shall consider all / �� technical evaluations, all relevant factors standards specified in (2) Variances may be issued for the reconstruction, rehabilitation or other sections of this Local Law and: P restoration of structures listed on the National Register of Histori- cal Places or the State Inventory of Historical Places, without regard to the procedures set forth in the remainder of this section. 54 % 55 .fr. i (3) Variances shall not be issued within any designated floodway if any ' (iv) Any additions to the mobile home be similarly anchored. increase in flood levels during the base flood discharge would 5.1-2 CONSTRUCTION MATERIALS AND METHODS result. (4) Variances shall only be issued upon a determination that the variance (1) All new construction and substantial improvements shall be is the minimum necessary, considering the flood hazard, to afford constructed with materials and utility equipment resistant to flood relief. ' damage. (5) Variances shall only be issued upon: 1 (2) Al new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (i ) A showing of good and sufficient cause. 5.1-3 UTILITIES (ii) A determination that failure to grant the variance would � result in exceptional hardship to the applicant; and (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. f (iii) A determination that the granting of a variance will not � result in increased flood heights, additional threats to (2) New and replacement sanitary sewage systems shall be designed to public safety, extraordinary public expense, create nui- 1 minimize or eliminate infiltration of flood waters into the systems sances, cause fraud on or victimization of the public as and discharge from the systems into flood waters; and identified in Section 4.4-1(4), or conflict with existing f local laws or ordinances. (3) -On-site disposal systems shall be located to avoid impairment to them 1 or contamination from them during flooding. (6) Any applicant to whom a variance is granted shall be given written 5.1-4 SUBDIVISION PROPOSALS notice that the structure will be permitted to be built with a lowest l floor elevation below the base flood elevation and that the cost of i G flood insurance will be commensurate with the increased risk resul- ' K (1) All subdivision proposals shall be consistent with the need to �l ting from lowest floor elevation. �,, minimize flood damage. l (2) All subdivision proposals shall have public utilities and facilities SECTION 5.0. PROVISIONS OF FLOOD HAZARD REDUCTION 1 such as sewer, gas, electrical , and water systems located and con- structed to minimize flood damage. 5.1 GENERAL STANDARDS (3) All subdivision proposals shall have adequate drainage provided to In all areas of special flood hazards the following standards are required: reduce exposure to flood damage; and 5.1-1 ANCHORING (4) Base other proposed flood ndevelopment whie h contain data shall be rovided rat subdivision 50 lots proposals 15 (1) All new construction and substantial improvements shall be anchored G„ acres (whichever is less). to prevent flotation, collapse, or lateral movement of the structure. , 5.2 SPECIFIC STANDARDS (2) All mobile homes shall be anchored to resist flotation, collapse, or //////%�� lateral movement b providing over-the-to and frame ties to round % , e all areas of special flood hazards where base flood elevations data have 0 anchors. y P g P g � /,����'��� been Provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF �a �, SPECIAL FLOOD HAZARD or in Section 4.3-2, USE OF OTHER BASE FLOOD DATA, the :Special requirements shall be that , � following standards are required. (i) Over-the-top ties be provided at each of the four corners of the mobile home with two additional ties per side at intermediate 5.2-1 RESIDENTIAL CONSTRUCTION locations, with mobile homes less than 50 feet long requiring /, , � Ww construction and substantial improvement of an residential structure shall one additional tie per side. ��ii y have the lowest floor, including basement or cellar, elevated to or above base (ii ) Frame ties be provided at each corner of the home with five flood elevation. I additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side. % f/ (iii ) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and 57 56 � II III IIIII111%% 5.2-2 NONRESIDENTIAL CONSTRUCTION (1) Prohibited encroachments, inClllV ff) fib/� ( " substantial improvements, and r:0wr l�l New construction and substantial improvement of any commercial, industrial or evaluation demonstrates that encuii other nonresidential structure shall either have the lowest floor, including t ; increase in flood levels during tint fiud *0 basement or cellar, elevated to the level of the base flood elevation; or, i ° discharge. together with attendant utility and sanitary facilities, shall : (2) Prohibit the placement of any mobile *wi ' a9ooi � ; (1) Be floodproofed so that below the base flood level the structure is mobile home park or existing mobile home subdivis'ioo watertight with walls substantially impermeable to the passage of water. ' (3) In all areas of special flood hazard in which base f10 1 1,00, data has been provided and no floodway has been �ietliTil � (2) Have structural components capable of resisting hydrostatic and ` cumulative effects of any proposed development, when coy bl";;4 Wi 44 hydrodynamic loads and effects of buoyancy; and `, all other existing and anticipated development, shall not the water surface elevation of the base flood more than one f ;M, of, (3) Be certified by a registered professional engineer or architect that any point. the standards of this subsection are satisfied. Such certifications shall be provided to the Official as set forth in Section 4.2. 6. This Local Law repeals Local Law No. 3, 1976, adopted on or about August 5.2-3 MOBILE HOMES 23, 1976, relating to Special Flood Hazard Districts (being incorporated as Article XV of the Zoning Ordinance of the Town of Ithaca), and any (1) Mobile homes shall be anchored in accordance with Section 5.1-1 (2). other provisions heretofore adopted governing the regulations and proce- i dures for the management of areas to control and reduce flood damage. (2) For new mobile hone parks and mobile hone subdivisions; for ; expansions to existing mobile home parks and mobile home subdi- visions; for existing mobile home parks and mobile home subdivisions 7. This Law shall take effect immediately on adoption. where the repair, reconstruction and improvement of the streets, utilities and pads equals or exceeds 50 per cent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: i (i ) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or t above the base flood level. (ii ) Adequate surface drainage and access for a hauler are provided; and (iii) In the instance of elevation on pilings, that: - Lots are large enough to permit steps, - Piling foundations are placed in stable soil no more than ten feet apart, and G - Reinforcement is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision. 5.3 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are y' areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projec- tiles, and erosion potential , the following provisions apply: o i 59 58 9 f �Xe LOCAL LAW NO. 3 - 1983 1 least 4 weeks to the Town Engineer or such o0wor i r� J the Town as the Town Planning Board may dn0gawt, A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA BY CHANGING THE consent of the Town Planning Board and yeti.inq �rTi ZONING CLASSIFICATION TO MULTIPLE RESIDENCE DISTRICT FROM A RESIDENCE DISTRICT practices which would require such action to t* � R15 A PARCEL OF LAND IN THETOWN 1 H A M K Planning Board shall review the request and act I,�r� �T ��' Is ON M M THE NORTH SIDEdenAO IJhbI(,NAItU ON ME UUHKLN] TAX A5SESSMENTying its consent. MAP OF THE TOWN OF ITHACA ON PARCEL NO. - - 2. The driveway referred to in Section 1.C.ii. shall not h SECTION 1. CHANGE OF ZONING DISTRICT. DESCRIPTION OF PARCEL. until a building permit has been obtained from the T�fa�fu i ( iT y o �: accordance with the provisions of the Town Board Rb ��1�,��,T A Multiple Residence District is hereby established encompassing the parcel cerning this matter. consisting of about 30 acres of land located on the north side of East King 3, The Town Planning Board may require the owner of the subjecCiarr ) Road and designated on the current tax assessment map of the Town of Ithaca as to submit information and documents from time to time in order t Tax Parcel 44-1-4.3 more particularly described in Schedule A entitled "Des- cription of Parcel on the north side of East King Road which is established by determine that there is compliance with the requirements of this lam. this Local Law as a Multiple Residence District." C. In accordance with the provisions of Section 1.1). of the said Resolution, SECTION 2. LEGISLATIVE BASIS AND PURPOSE OF THIS LAW. it is provided that no buildings and residential units in excess of those approved by the Town Planning Board shall be permitted and that the A. RESOLUTION construction, development and use must comply in all respects with the site plans and conditions of approval and rezoning adopted by the Town This Local Law has been enacted pursuant to the Resolution adopted by the Town ! Plannin developm Board and the Town Board and no variance in the construction, ent and use of the parcel shall be permitted except as may be Board on February 7, 1983, a copy of which is attached hereto. Provisions of said Resolution constitute findings, determinations and statements of permitted by the Town Planning Board with the approval of the Town Board. g , purposes for the enactment of this law. ° B. TOWN ZONING ORDINANCE PROCEDURE FOR ESTABLISHMENT OF MULTIPLE RESIDENCE SECTION 4. RECLASSIFICATION OF ZONING. DISTRICT. A. The sovereign power of the Town to enact and amend the Town's Zoning a. Article IX of the current Zoning Ordinance (adopted February 12, Regulations is not affected by the enactment of this Local Law. Without 1968, effective February 26, 1%8) sets forth the procedure for the limiting the foregoing declaration, the Town, at the option of the Town establishment of the Multiple Residence District and authorizes the Board, may review the status of the development of, and the extent of con- Town Board to establish a Multiple Residence District by defining the t struction of improvements on, the subject parcel and other factors reason- boundaries thereof, approving the general site plan and imposing any ably affecting the area and community within which the subject parcel is modifications and additional requirements as the Town Board may t located, the protection and enhancement of the Town s physical and visual determine. �� environment and to promote the government, protection, and the health, safety and well-being of the inhabitants or property in the Town, and, at SECTION 3. MODIFICATIONS AND ADDITIONAL REQUIREMENTS. l` its option, the Town Board may amend the Town Zoning Regulations by changing the classification of the subject parcel or any portion therof, A. The provisions of paragraph "A", "B", and "C" of the Resolution referred j to a Residential R15 or such other district as the Town Board may to above which is attached hereto contain modifications, conditions and j determine. requirements relating to the rezoning of the subject parcel into a Mul- tile Residence District and its development B. The Town now makes a legislative finding that the present owner would p b the construction thereon of multiple family units. The aforesaid y " " '� " �� �� l reasonably require a period of forty-eight (48) months from the date of p y paragraphs A , 8 , and C are , incorporated into this Local Law and made a y enactment of this law to commence and complete the construction of the P part hereof as if the had improvements on the project. been set forth in the body of the text rather than an Appendix thereto and i the shall apply to the rezoning and the development of the subject Y PP Y 9 P J Parcel � �1 C. Any building permit issued subsequent to the enactment of this law may be except as they may c specifically modified or added to by subsequent j revoked or modified at the option of the Town Planning Board if (i) provisions of this Local Law. construction of the project has not been substantially commenced prior to B. PROVISIONS AS TO THE 6 ACRE PARCEL BUFFER ZONE, ON THE WESTERLY SIDE OF the expiration of eighteen (18) months from the date of enactment of this THE SUBJECT PARCEL CONTAINED IN SAID RESOLUTION, ARE AMENDED AS FOLLOWS: '' law, or (ii ) if such construction has not been substantially completed at i the expiration of the forty-eight (48) month period commencing with the 1. The provisions of Section 1.C.i, are expanded to include the enactment of this law. The time within which such building permit shall I/, requirement that no trees or shrubbery shall be cut unless the owner �!% be effective may be extended, if good cause is shown, by the Town Planning ; of the parcel has obtained the duly authorized consent of the Town �;� Board. Planning Board. The owner shall give a written notice of at60 /°j� 61 SCHEDULE A LOCAL LAW NO. 2 - 1984 DESCRIPTION OF PARCEL ON THE NORTH SIDE OF EAST KING ROAD WHICH IS ESTABLISHED A LOCAL LAW AMENDING SECTION 1 OF ARTiCADDING TO THE utrLE II OFF 11 i)d �( ( )a « � NOPI ORDINANCE 13 BY THIS LOCAL LAW AS A MULTIPLE RESIDENCE DISTRICTNATED AS SPECIAL LAND USE .-. n , � N,in,r VW ;rffl,tatr ,al �, lrrrir, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of ° Tompkins, State of New York, being a part of Military Lots 89 and 99 (Old Town Section 1. This Local Law amends Section 1 of Article tl o� tf� of Ulysses) and described as follows: Zoning r i nance by adding to the list of permissible di sty"it;* *0*140,h � designated as Special Land Use District (Limited Mixed Use), Beginning at a point on the northeasterly boundary of the existing King Road East (County Road No. 179) said point being the following two courses and Section 2. The uses permitted in such district will be such ♦ c i � �iy tN distances from the intersection of the northerly boundary of the existing King the uses permitted in a residential and agricultural district and ir* NsiswT4 Road East and the westerly boundary of the existing Troy Road; thence (1) north a Districts A, B, and E as the Town Board may permit. The diverse us#6 mat 82° 02' 47" west 1081.53 feet and thence (2) westerly and northwesterly on a combined in a unified-plan. curve to the right having a radius of 975.0 feet, a distance of 211.07 feet to the point and place of beginning of the premises intended to be described Section 3. The establishment of any such district shall lie in the solar herein; thence (1) northwesterly on a curve to the right having a radius of discretion of the Town Board, as a legislative body. It shall be established herein feet a distance of steel feet; thence (2) north right having g west along by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a district shall be a legislative act. No owner the said northeasterly boundary of the existing King Road East a distance of , 1731.85 feet to a point on the division line between the property of Schuylkill land or other person having an interest in land shall be entitled as a matter Investors, Inc., on the east and the property now or formerly owned by Cornell of right to the enactment or establishment of any such district. University on the west; thence (3) north 90 18' 00" east along said division Section 4. The provisions of the Zoning Ordinance and Planning Board Regula- line a distance of 455.00 feet to a point; thence the followingfifteen courses I� p � � Mons, as they may be amended from time to time, and any other regulations, and distances through the property now or formerly owned by Schuylkill Inves- f , Inc.: � orders, rules and resolutions shall apply to the establishment of any such tors, district. In addition, the Town Board may impose such conditions and restric- (1) North 570 01 ' 43" east, a distance of 221.09 feet; thence tions governing the establishment and regulating the use of land in any such (2) South 790 16' 23" east, a distance of 327.73 feet; thence district as the Town Board deems necessary and desirable. (3) North 850 47' 58" east, a distance of 177.48 feet; thence J ` (4) South 16° 55' 39" east, a distance of 96.17 feet; thence Section 5. Except as may hereafter be required by the Town Board, the proce- (5) South 53° 58' 21" east, a distance of 163.22 feet; thence ures governing an application for site plan approval as provided in Section 46 (6) South 480 57' 27" east, a distance of 225.40 feet; thence and 46(a) shall apply except that no application for the establishment of any (e) South 230 01' 32" east, a distance of 217.31 feet; thence such district shall be referred to the Planning Board except by the Town Board. (8) South 39° 37' 09" east, a distance of 708.82 feet; thence i Section 6. Projects such as the Wiggins' "La Tourelle" Project, the Rocco (9) South 670 50' 59" east, a distance of 122.00 feet; thence (10) South 340 54' 43" east a distance of 234.14 feet; thence ucente apsucker Woods Project and the Lake Shore West Project which have been ' e ' in the process of being reviewed by the Town Board and the Planning Board shall (11) South 37° 07' 34" east, a distance of 268.40 feet; thence be deemed to have been referred to the Planning Board and the Town Board may (12) South 52° 52' 26" west, a distance of 40.00 feet; thence mend the Zoning Law to establish such Special Land Use Districts, if final (13) North 37° 07' 34" west, a distance of 293.00 feet; thence ;' approval or recommendation has been made by the Planning Board. (14) South 380 30' 36" west, a distance of 208.19 feet and thence pp (15) South 250 27' 00" west, a distance of 126.43 feet to the point of beginning, containing 30.566 acres of land. � Section 7. If any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be For further description, reference is hereby made to a map of King Road " affected by such declaration of invalidity. Development Corporation made by Erdman, Anthony Associates, Consulting Engi- Section 8. This law shall take effect immediately. neers, Rochester, New York, dated May 15, 1973. 0 r i 0 6 2 63 o LOCAL LAW NO. 3 - 1984 (c) Height: No structure shall be greater than 55 feet from the lowest point at grade to the highest point on the roof line. A LOCAL LAW RELATING TO THE WALTER J. AND JOYCE Y. WIGGINS' LA TOURELLE DEVELOPMENT ON ITHACA-DANBY ROAD (ROUTE 96B);—MqENDING THE ZONING ORDINAN= (d) Storeys: No more than two storeys. However, as many as four PERMIT CONSTRUCTION OF A BED AND B AKFAST INN dweMng units may be constructed in the basement of the first phase of the development. o , WHEREAS: N "_, 5. Notwithstanding the provisions of Section 3, above, the following 1. The Planning Board has extensively reviewed the proposed "La Tourelle" particular covenants and restrictions shall govern the use of the lands in development of Walter J. and Joyce Y. Wiggins at public hearings duly and , this Special Land Use District #1, otherwise known as "La Tourelle, a Bed properly held during the Winter and Spring of 1984. o and Breakfast Inn". 2. On June 5, 1984, the project was granted Final Site Plan Approval by the (a) The only new construction and use permitted in the above District Planning Board. shall be a hotel or inn containing no more than 80 units for guests. Such hotel or inn may be constructed in phases. 3. All necessary environmental reviews have been completed, after which it was determined that the project would have no significant impact on the (b) The exterior design, specifications, and plans for the buildings and environment. other improvements to be constructed on the premises and the develop- ment of the grounds and construction of all outside facilities 4. The Planning Board has determined that: including lighting and signs shall be limited to those shown on the (a) There is a need for the proposed use in the proposed location. final site plan approved by the Planning Board, June 5, 1984, and on (b) The existing and probable future character of the neighborhood will ` other designs, architects's drawings, plans, and other documents not be adversely affected. submitted to and approved by the Planning Board, and shall be in (c) The proposed change is in accordance with a comprehensive plan of accordance with all such documents. development in the Town. y (c) An additional building permit is required for the construction of 5. The Planning Board has recommended that the Zoning Ordinance be amended to ;' signs and outdoor lighting facilities. Such permit shall not be permit this development as proposed and reviewed. issued until the Planning Board has approved the design and speci- fications therefor. NOW THEREFORE BE IT RESOLVED: lair (d) No cooking operations or facilities shall be permitted in the hotel, !f except that a continental breakfast solely for guests of the hotel, r 1. That Article Ii, Section 1, of the Town of Ithaca Zoning Ordinance be and p hereby is amended by adding to the permissible districts itemized in said may be served daily. Section a district designated as "Special Land Use District #1". o (e) No portion of the outside area of the Special Land Use District shall 2. In the event that the Town should further amend the Zoning Ordinance by be used for the service of food or beverages, nor any public assem- adding to the list of permitted Districts a Special Limited Mixed Use Dis- ' �' bly, nor dancing or musical activities; except as follows: trict, the District described by this Local Law shall be designated as G such a Mixed Use District. , (1) At any time subsequent to the adoption of this Local Law the Town Board may adopt regulations by resolution or by amendment 3. The uses permitted in this Special Land Use District are: of the Town Zoning Law to implement the provisions of this Local (a) Any use permitted in a Residential District R15. y, Law, which may also include a requirement that the owner or his % duly authorized representative, obtain a special permit from a (b) The operation of a hotel or motel to be used as a Bed and Breakfast j y p p p person designated by the Town Board for that purpose to permit Inn, with site plan approval by the Planning Board. (c) The existing construction and use of that portion of the premises now „ the use of portions of the outdoors area in the immediate used and occupied as the L'Auberge du Cochon Rouge restaurant and the j vicinity of the La Tourelle structure for limited, temporary or Barn Apartments as shown on the final site plans and/or the survey occasional serving of food and beverage for the guests of La map of "A Portion of the Lands of Walter J. and Joyce Y. Wiggins", i i/, occasion for special occasions such as weddings or other social %i occasions. Such regulations shall be adopted only after a dated July 3, 1984. public hearing has been held, notice of which has been published 4. This Special Land Use District includes all lots and area requirements of j indthe Official tten Newspaper, ce at least been mailed o prior dto such hearing perso- Residential District R15 except as modified below: /, nally to the owner of the above project, or to his duly autho- (a) Side Yards: May not be less than 30 feet. �% rized representative, and to such other owners of property, as �� (b) y Spaces between Buildings: The distance between an two structures i /� the Town Board may direct. Until such time as such regulations may be adopted, the lands may be used for the outdoor activi- s a e no less than the average height of both, except that a ; �„ shorter distance may be allowed if the resulting space is to be used ties, as described above, without a permit. and maintained as a fire lane. 65 64 SCHEDULE Ai (f) All ambient noise associated with the use of this property shall be a " regulated by Article VII I , Section 42 of the Zoning Ordinance. l %- 1 J REVISED DESCRIPTION OF JAW, n r es s and egress (g) 9 shall be through the driveway leading to State WALTER J. AND JOYCE V. Highway Route 968 past the restaurant as shown on the final site plan and survey map dated July 3, 1984. TO BE REZONED (h) All construction must comply with all applicable laws, codes, ordi- nances, rules and regulations. ', Situate in the Town of Ithaca, County of (i) These covenants may be enforced by the owner of any land lying within Beginning in the cente rline of New York State Route 9( T of lands of Laurent and Kaethe Bessou, designated as Tay 500 feet of the boundaries of this district, and/or by the Town of Ithaca. 1 Thence southerly along said center line 435' more of l uf dl r of property of Irene Stout, designated ov, "Pas (j) The above restrictive covenants shall run with the land and shall be east- come p p Y �� incorporated in a document which shall be signed by the Owner and 6-36 1-5• recorded in the Tompkins County Clerk's Office. No portion of the building shall be occupied or otherwise used unless a valid Certi- 2. Thence, westerly 200' more or less to the northwest corner �f 4fW � ficate of Occupancy has been issued. property; 6. This Special Land Use District shall be added and hereby is added to the 3. Thence, southerly 100' more or less to the southwest corner of salad 6 ,04, Official Zoning Map of the Town of Ithaca at the location given in Sche- property and the north line of lands of Fairview Manor Realty Co., T44 dule A below. Parcel No. 6-36-1-6; 4. Thence, westerly, in part along a northerly property line of lands of 7. In the event that any portion of this law is declared invalid by a court view Manor Realty Co., and designated as Tax Parcel No. 6-36-1-6, of competent jurisdiction, the validity of the remaining portions shall Fairview to a point; not be affected by such declaration of invalidity. i11001 8. The Town reserves for itself, its agencies, and all other persons having 5. Thence, northerly through the lands of Wiggins, 935' more or less to the an interest, all remedies and rights to enforce the provisions of this southerly boundary of lands now or formerly of Anthony Leonardo, desig- � F Hated as Tax Parcel No, 6-37-2-20.2; law, including, without limitation, actions for an injunction or other equitable remedy, or action and damages, in the event the owner of the ` 6. Thence, easterly along Leonardo's southerly line 600, to a point; parcel covered by this law fails to comply with any of the provisions r thereof. 7. Thence, southerly, in part along the west line of Bessou's property 9. This law shall take effect immediately, (designated as Tax Parcel No. 6-36-1-4.3) 400' more or less to their southwest corner; southerly line, 700' more or less to the 8. Thence, easterly along Bessou's i centerline of Route 96B and the Point of Beginning. 1 Containing 20.3 Acres, more or less. J J` i o o i i i i i 67 66 ° 1' LOCAL LAW NO. 4 - 1984 'any number of persons related by blood or marr i ayr-, i ns l ijd lw, ".1-1 i children' or 'no more than two unrelated pee son, A LOCAL LAW RELATING TO ROCCO LUCENTE - SAPSUCKER WOODS ROAD SUBDIVISION 1 dwelling unit.' AMENDMENT PERMIT N 14 DWELLING (b) Except as stated in Paragraph 3(a), each of the two (;') t v— 1 -d—­ RESOLVED: dwelling units in any converted structure shall bc I,, more than one household or family, as described obov-, lil,, That the Town Board of the Town of Ithaca enact and hereby does enact this unrelated person. Local Law to amend the Zoning Ordinance of the Town of Ithaca to permit the 14 existing buildings located at 108 through 230 Sapsucker Woods Road, Town of (c) After the conversion, remodelling, or modification of any ,u(h Ithaca Tax Parcels No. 6-70-10-3.12 through 6-70-10-3.25, owned by Rocco structure has begun pursuant to a valid building permit, the �Ji J- Lucente and more particularly described in Schedule A of this Resolution, to be ture shall not be occupied or leased other than in conformance with modified to permit the conversion of each existing building to no more than the requirements of this Resolution. four (4) dwelling units subject to the following terms and conditions: 5. CONVERSION INTO LESS THAN FOUR UNITS 1. ZONE DESIGNATION OF AREA In the event any structure is, at any time, converted to less than four The area covered by This Local Law shall remain Residence District R15 and all dwelling units, the conversion shall be final, and any such structure shall provisions of the Town Zoning Ordinance, as amended, shall govern, except as thereafter contain no more than such lesser number of units into which the otherwise modified by this resolution or any law or ordinance adopted pursuant building was converted and the number of such dwelling units in such structure thereto, shall not be thereafter increased. For example, any structure converted into 3 or 2 dwelling units shall thereafter continue to be used and occupied only as a 2. CONVERSION OF DWELLING UNITS 3 or a 2 dwelling unit structure, as the case may be. Each of the 14 buildings may be converted into no more than four (4) dwelling 6. DESTRUCTION OF BUILDING units, consisting specifically of two (2), two-bedroom dwelling units and two (2), one-bedroom dwelling units, as more particularly shown on the final If any converted building is partially or substantially destroyed or damaged by building plan and final site plan approved by the Planning Board and subject to fire or other "act of God", the owner may rebuild a structure of similar design any other requirements of the Planning Board, and the Town Board. and dimensions, having no more than the number of dwelling units it contained immediately prior to such damage or destruction. 3. CONVERSION PERIOD 7. OWNER OCCUPANCY (a) The conversion of the 14 structures must be completed within five (5) years of the adoption of this Local Law. Any structure which has At least one dwelling unit in each of the structures, after any conversion as not been converted within this five (5) year period may not be later provided herein, or after a sale or other transfer of title by Rocco Lucente or converted or remodelled to contain more than two (2) dwelling units his executors or administrators, shall be owner-occupied; such owner, however, and the present owner, Rocco Lucente, or any of his successors, must qualify as a household (or family) as defined herein, if any such struc- distributees, assigns, or other transferees, shall have waived and ture is sold or title is otherwise transferred by Rocco Lucente, such new owner surrendered any prior right to rent, and he or they are specifically or transferee of title must occupy at least one dwelling unit in any such prohibited from renting, such building to a greater number of occu- structure within 13 months of acquiring title, if, thereafter, a structure is pants, including unrelated occupants, than is allowed in a Residence not occupied by the owner then the structure may be occupied only as permitted District R15 for two (2) family houses, under the current provisions by the regulations of a Residential District R15 for a two-family dwelling as of the Town Zoning Ordinance as of the date of the adoption of this if this amendment to the Zoning Ordinance had not be adopted. Local Law. 8. PARKING (b) The process of conversion shall be planned so that there shall be no more than four (4) structures uncompleted at any time, except that (a) Parking of automobiles may be permitted in the front yard in areas the planting of trees and shrubbery on any lot may be postponed to a designated therefor. more favorable season, but no more than twelve (12) months after completion of the conversion. (b) The number of automobiles and the spaces which shall be provided for each building shall be six (6), at least 2 of which shall be in an 4. OCCUPANCY RESTRICTIONS enclosed garage and the remainder of which shall be parked in the front yard. No more than one automobile shall be parked in each (a) Except as stated in paragraph 3(a), occupancy of each of the two space. (2) one-bedroom dwelling units in any converted structure shall be limited to one household (or family), which is defined either as, 68 69 i II (c) The location and materials of each parking ©� /!%; SCHEDULE A f space and driv 1. �4 be located and constructed in accordance with h t the re ui r.Town Planning Board as shown on the final, approved gsite plf r� �� �l�lttion of Land of Rocco Lucente on Sapsucker Woods Road. otherwise provided by the Planning Board. which the provisions of this law apply is located on the West side 9 P y good :t twt;ker Woods Road and consists of 14 lots (Lots 2 to 15 inclusive) (d} Parkin spaces and driveways must be maintained in { / yam , neat condition at all times. e survey map of the "Rocco Lucente Subdivision on the West side of Moods Road" made by Carl Crandall, C.E., dated April 8, 1967, a copy 9. RESTRICTIVE COVENANTS AND OCCUPANCY ,� is on file in the Office of the County Clerk. (a) No building shall hereafter be occupied by any occupant eit � �� t#roa begins on the West side of Sapsucker Woods Road at a point which is a owner, or his household or family or his lessee, until: Jjptttwast corner of Lot 1 as shown on said map, which is 250 feet North iMw intersection of the West line of Sapsucker Woods Road and the North (1) A document containing restrictive covenants substantinil 4,pf Hanshaw Road; thence North 1427 feet, more or less, along the street provided herein and containing such additional provisi� tamp the Northeast corner of Lot 15• thence to the Northwest corner of Lot be reasonably required to carry out the purposes of �'�II jJp*ofo e South along the West line of� Lots 15-11 inclusive, 497.5 feet, more 1 shall have been signed and acknowledged by the pre�� %,hp,, to the Southwest corner of Lot 11; thence East about 25 feet to the Rocco Lucente, and recorded in the Tompkins Cola %Ttt corner of Lot 10•a thence South along the West line of Lots 2-10 Office. �t�� , 950 feet, more or less, to the Northwest corner of Lot 1; thence II 1cYr,,3 the North line of Lot 1, 175 feet to the place of beginning. (2) A Certificate of Occupancy has been issued by the Town all �i each dwelling unit in the structure. ° f� '(b) Such covenants and restrictions shall run with the land enforced by any one or more of the following: " (1) The Town Board. M , (2) Any owner of any of the lots (2-15) covered by this law,, (c) The restrictive covenants and all other provisions of this bind Rocco Lucente, his heirs, distributees, successors, or any other person who may now have interest in the titlt land. 10. INVALIDITY AND SEVERABILITY In the event that any portion of this law is declared invalid by a, competent jurisdiction, the validity of the remaining portions shal affected by such declaration of invalidity. 11. DEFINITIONS % j/ The words "structure" and "building" may be used interchangeably. � Z% 12. ENFORCEMENT l� The Town reserves for its agencies, and all other persons having an o% all remedies and rights to enforce the provisions of this law, without limitation, actions for any injunction or other equitableJJJJ f� uuuuuuuuui �, action and damages, in the event the owner of any of the parcels this law fails to comply with any of the provisions thereof. 13. This law shall take effect immediately. 70 �/ 71