Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout2001Local Laws #1 and #2, Medium and Low Density Zones 1J 1=
turF lIfA
11
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY 1 223 I-000 I
RANDY A. DANIELS
SECRETARY OF STATE
AUG 6 ;. .
August 1, 2001
JOHN C. BARNEY
BARNEY, GROSSMAN DUBOW & MARCUS
119 E SENECA ST, STE 400
ITHACA, NY 14850
RE : Town of Danby, Local Law 2 , 2001, filed 07/18/2001
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request .
Sincerely,
/2140%4
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
:,•
•
tvim
f ,'\j
WWW.DOS,STATE.NY.US • E-MAIL: INFO @DOS.STATE.NY.US
RECYCLED PAPER
NEV YORK STATE DEPARTMENT OF STATE
r1+
.Local Lay/ Filing `i62 WASKINGTON AVENUE; ALBANY, WY 12231
(Use this form to file a local law with the Secretary of Statc.)
Text of law should be given as amended. Do not include matter being eliminated an. - •.
use italics or underlining to indicate new niattei. 1 2 .
. •
X71 of Danby t.//, 0� 4 : ,'
_u _ , ,/�. r
CS
Local Law No. • 2 of the year 10 C.'pg0.
•
A local law Amending the Zoning Ordinance tQ Eliminate Meclitim ∎e$'s•ty Residen 1 .
nnett Titles ���
Zones from the eommerci)al Target Area . L .•
Jac it enacted by the To.wn...fRar.d. • of the
(Nam° of Legislative Body)
•
County • •
$itq Danby . •
Town °f as follows:
iLHI&ge• •
• TOWN OF DANBY .
. LOCAL LAW NO. 2 OF 2001 •
A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE
MEDIUM DENSI.TY RESIDENTIAL ZONES FROM THE COMMERCIAL
• TARGET AREA
•
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from time to time, be and the same hereby is further
• amended as set forth in the following section. •
Section 2. Article VI, Section 603, subparagraph 1 entitled"LOCATION OF
COMMERCIAL TARGET AREA" is hereby amended to read as follows:
"1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on
the Town of Danby Zoning Map designated High Density Residential Zones are
the Commercial Target Area." •
Section 3. -Article IV, Section 401, entitled "MAP" is hereby amended to read
as follows:
• "Section 401 —MAP. Said zones,.except for the Commercial Target Area .
and Mobile Home Park Zones, are bounded as shown on a map entitled"Zoning
Map Town of Danby" adopted December 11, 1991, and signed by the Town - •
Clerk. Details of existing Commercial Zones and Planned Development Zones are
shown in the Supplement to Town of Danby Zoning Map Showing Details of
Commercial Zories and Planned Development Zones" dated December 11, 1991 •-•---•
accompanying the Zoning Map. Said map, map supplement, and.all explanatory .
matter thereon and amendments thereto are hereby made a part of this Ordinance.
(If additional space Is needed, attach pages the same size as this sheet, and number each.)
(I)
nnc.,tn (Pm,.. 7/9n)
The Commercial Target Area consists of all the Commercial Zones and all of the
High Density Residential Zones shown on said map. Certain existing Planned
Development Zones (formerly known as Planned Development Districts) are
shown on said map. New Commercial Zones, Planned Development Zones, and
Mobile Home Park Zones may be created as set forth in this Ordinance."
Section 4. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 5. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
(Complete the certification in the paragraph that applies to the thine of this local Iaw and
sfrilcc out that which 15 not a},ylie T ]e.)
•
•
•
•
1. (Final adoption by local lcgislntire budy °Lily.) . .
I hereby certify that the local law annexed hereto, designated as local law No.' 2 •
oC the (County)(City)(Town)(Village) of Danby of 2001
Town Board on June 11 • was duly passed b -
(Itame of Legiitative SodyJ 2pOl,, in accordance with the a licable ) the
DP provision of law,
•
2. (Passage by Iocal I-glslativc body with . .proval, no disa. ppro al or repassage a oi disapproval .
by the Finr.t(ve • lief Executive Offi :r'.) .
I hereby certify t at the local law ann- ed hereto, designa -d as Iocal law No
of the (County) 'ity)(Town)(Viilage of of 19
was duly • ssed by the
'erne or ego .:IYe body)
o' 19 , and was (app veci)(not disapproved) apae:ed after
disapprov , by the and was dee eri curly adopted
( eet v ,e Executivi-Of leer') on 19 •
m
in accordance with the applicable provisions of law. .
•
•
•
3. (Final adopt •n by referendu •) /
' I hereby cert• y-that the local w annexed hereto, designated as ocal law•No.
of the (Cou ty)(City)(To�vn) 'hinge) of 19_.
on 19 was duly pa ed by the
Lime of eQi.lstive }3ody) , a • was (approved) of disapproved)(r• .assed after •
disapp •val) by the o .
-eetty. Ch,. :e:x.e ive OlGeer SL]C11 local aw was
sub• fitted to the peo.Ie by reason .0 a (mandator '
y)(p= missive) rcferen• rn, and received a affirmative
vo e of a majority .1 the qua(ifi •A electors voting tt -reon at the (gene al)(special)(annual election held on
-1=' , in accordance with the app 'cable provisions : law. . -
•
4. (Subject •. permissive rcferendu :rid final adoptlo• because no v'ali-: petition was ',led requesting
rcfernd -m,)
I hereby :.rtify that the'local la anne :ed hereto, 'csignatcd as Io 1 law Nu,
of the ( •unty)(City)(Town)( illage) of of 17
was duly .assed by the
1 p
°n
and •as (v pp roved)(n
: disapproved) epassed after• Legllativo I odd
disap,,roval) by the •
ective Chic! Executive •racer•) on 1'_ Such IOC law was subject i0
per issive reCerend m and no valid petition requesting .uclt referendum as filed as oL.
in accordance wit the applicable provisions of law. l9—
•
'Electlre Chief Executive Officer Inea?lb ur includes the chief executive officer of h county elected on a
county-wide basis or, If there bc' none, the chairman of the county legislative body, the mayor of a city
or village, or the :upervlsor or a toK,I ,ri,ero suLll officer Is vested tivltlt the power to approve or veto local
lows or ordinances. , .
•
(2)
•
•
• . (C1ty local Iaw concc . ng Charter revision : 'posed by petition,)
T hr.rrhy certify t the local law annexe• ereto, designated as local law •o. •
of the City of - � �� o •
having .-en submitted to referendum ursuant to
the prove ns of section (36)(37) o the i`,lunicipr.l Homc Rule La , and l:aviub received the affi iative vote
of a rn•jority of the qualified c ctors of such city voting there• . at the (:peciai)(general) elec ' n held on
19 , bets c operative.
•
•
•
6. (County local aw cuucerniu, a .uptiun of Charts•.)
I hereby certi that the Iocal 1 ' annexed herct• designntec{ as 1. al law No. . . of 19
of the Coun of , State of New Y• k, having• • en submitted to
the electo at the General lection of Nove • er 19 , pursu t to subdiv'.ions 5 and 7 of
section "., of the Munici.al Mome Rule L - , and having re• ived the affirm. we vote of majority of th
qualif' d electors of t . cities of said co .my as a unit an. of a majority of c quaiifie• tier-tots of the wns
of s d county consi•ered as a unit vo ng at said gener. election, becam= operative:
( any other au' torized form of naI adoption has ceri'followed, p' ase provlde .n apprbpritate erlificatioit.)
•
•
•
•
1 further cortify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above. .•
' • U(��1, tom/ ' - '
Ctetk vt u,. County le,eiactre troey �� 'lownown o %.lcrk
or officer designated by local 1 gilaative l,ociy
(Seal) Date: June 19, 2001
•
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of Iocality.) .
STATE OF NEW yORFC
COUNTY OF Tompkins •
I, the undersigned, hereby certify that the foregoing local law contains the cc rest text and that all proper
proceedings have bean had or taken fur the enactment of the ca law annexed hereto.
3ignatu: �
own
County, •
•
Town o1 �n n►�u
•
art-i?�;rg-e
Date: t�i/l' L R e1■490f
(3)
pp�r
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET AUc
ALBANY, NY 12 23 I-000 I
RANDY A. DANIELS . .."" .-
SECRETARY OF STATE "--
August 1, 2001
JOHN C. BARNEY
BARNEY, GROSSMAN DUBOW & MARCUS
119 E SENECA ST, STE 400
ITHACA, NY 14850
RE: Town of Danby, Local Law 1, 2001 , filed 07/18/2001
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request .
Sincerely,
tirvm))40.44
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
AA 2
Arr 4011
7 r�
5 I� }
AU 17 20211
•
DOS.STATE.NY.US • E-MAIL: INFO@ DOS.STATE.NY.US
RECYCLED PAPER
"Local Law`Filing . . WEW YORK STATE DEPARTMENT OF STATE
ASHINGTON AVEkUE, ALAAUY, uY 12231
(Use this form to file a local law with the Secretary of State.)
2 ,
Text of law should be given as amended. Do not include matter being eliminated an go . .t d
use Italica or underlining to indicate new matter. .
.rc- o f D A N B Y 76 4,2
ge- G-, X00, "'
r\
Local Law No. . 1 of the year ' 2001 = ,. • .
f
Amending .the Zoning Ordinance and Zoning Map to. Remove P,rovi.sion•s�-"fia
A local law g --�
Presently Reduce Lotin%xt?li' tle)Fronta a Dimension ., and Setbacks in Medium and'Low eUensity
Residential Zones Along Existing Roads Shown as a Solid Line on the Zoning Map• and to
Mod Myifctra 4p W iwaisions Related to Pre-Existing Lots and Nonconforming Lots of Record
Be it enacted by the Town Board of the • •
may- of Danby
•
Town as follows:
LOCAL LAW NO.'1 OF 2001 • . • .
•
•
A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP
TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES,
FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW
. DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A .
' SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN
PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING
LOTS OF RECORD
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from tithe to time, be and the same hereby is further
amended as set forth in the following sections.
Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby
amended to read as follows:
"Section 505 —PRE-EXISTING LOTS. A small lot, which was a legal building •
lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance
changing the lot to a non-conforming lot) and which does not meet the minimum
requirements of this Ordinance for the zone in which it is located after the time,the •
.Ordinance was adopted (or so amended), may be used for any use permitted within said
zone provided that all structures on said lot otherwise comply with the terms of this"
Ordinance. A building'already constructed on such a lot may be altered or enlarged . .
• provided that the proposed alteration or enlargement otherwise complies with the terms of
this Ordinance in effect at the time•of such alteration or enlargement"
Section 3: Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL r t'
ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as
(Ir atTUllliifi'a�al space is needed, attach pages the he space size as this sheet, and number each.) ;:nnc.lzn (n,..,. 7/9n) ` .
"4. REQUIRED LOT AREA. Lot area shall be not less than two acres with
frontage of not less than two hundred feet, and a lot depth of not less than
three hundred feet."
Section 4. Article VI, Section 600, subparagraph 5 entitled"YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—fifty feet."
Section 5. Article VI, Section 600, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND
SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7
(entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled"BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 6. Article VI, Section 601 entitled"MEDIUM DENSITY
RESIDENTIAL ZONE", subparagraph 4 entitled"REQUIRED LOT AREA" is hereby
amended to read as follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than one and one-half
acres with frontage of not less than one hundred fifty feet, and a lot depth
of not less than two hundred feet."
Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—thirty-five feet."
Section 8. Article VI, Section 601, is hereby amended by deleting in its
entirety subparagraph 6 entitled"REDUCTION OF LOT AREA AND SIDE YARDS
ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled
"SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA")to be
subparagraphs 6, 7, and 8, respectively.
Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF
RECORD" is hereby amended to read as follows:
"Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in
which one single- or two-family dwelling is permitted, a single- or two- family dwelling
and customary accessory buildings may be erected on any single lot of record at the
effective date of adoption of this Ordinance (or adoption of an amendment to this
Ordinance changing the lot to a non-conforming lot), provided such lot was a valid,
lawfully existing lot at the time the Ordinance was adopted (or so amended). No
minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and
no height restrictions or parking requirements may be changed without a variance."
Section 10. The Zoning Map of the Town of Danby, approved by the Town
Board on December 11, 1991 and subsequently amended from time to time, is hereby
amended by deleting the following note in the map margin: "NOTES: In LD and MD
Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as
opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage
is permitted per the terms of the Zoning Ordinance".
Section 11. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 12. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
•
•
•
•
1. (Final adoption by local legislative burly uuly.) • • • • ••
I hereby certify that the local law annexed hereto, dcsignatrc] as local law No.• 1
of the (County)(City)(Town)(Village) of Denby of :2001
Town Board was duly passed by the
on June 11 2001 in accordance with the applicable provisions of law.ot LegiAlhtive body)
•
•
2. (Passage by local leglsl five body with approval, disapproval or rep sage after.disapproti' .
by the F.Innttve Clt' . Executive Officer`.)
•
I hereby certify the the local law annexed I • reto, designated as al law No.
of the (County) Ity)(Town)(Village) of or 19
ves duly passed by the
On 19 nd was (approveci)(not d approved)(repaa:ed after
'erne of c• nave body) —'
a —
disappr% al) by the and was deemed duly ad ,pted on
a.teetty• vie •Exeeutive Oiftcer•) 19
in cordance with the apt. icable provisions of Iaw.
•
•
•
•
3. (Final adoption .y referendum.)
I hereby certify hat the local law anne ed hereto, designated as local law•No..
of the (Count (City)(Town)(Villagc) .0 of 19_
was duly passe by the
arse of Le. elative -ody
° 1 s , and was (appro -d)(not disapproved)(re sed after
disappro•al) by the on 19
-leett,,. h,. £X.cutiy. •Vicar Such lee aw was
sub tted to the people t reason of a (ma .atory)(permissive) ferenduni, and rcceiv the affirmative
vot of a majority oC .te qualified elector voting thereon at a (gencral)(special)(an al) election held on
.19 , in accordance wi the applicable provisions of laNy, .
•
•
4. (Subject to permissive cferenduru and final a option because no van. •etltion was filed requc tag
rcfcrndum,)
I hereby certify tha •e"local law anne>:ed oreto, designated as loc. law /../u.•
of the Count C' of 19
( y)( y)(Town)(Vilinge) of w . duly passed the
on 19 , an. was (appruved)(noc disap.roved)(repassc after
t erne of Legitla • o ody
•
disapproval by the 19
Elective C cf Executive Officer') - �UC)1 Iocal law AS subject i0
permiss' 'e referendum and o valid petition reques 'ng such referendum was filed as of
in ac .rdancc with the applicable provisions of law.
•
•
•
•
'Electivc Chic!' Executiye Officer ur includes the chief executive officer of h county elected on a
county-wide basis or, If there be none, the chairman of the county legislative body, the mayor of a city
or village, or the Supervisor of a town whert such ufficer Is vested tivltlt the power to approve or veto local
laws or ordinances.
•
(2) • •
. • (Cl`ty local law concerning Charter revs ion proposed by pet- Ion.) •
T hereby certify tl . t the local law anne •d hereto, designate. es local law No. or 1-
of the City of having been •omitted to referendum purs •ant to
the provisions • • section (36)(37) o the I.4unicipal Horn. Rule Law, and I aviub received t affirmativ rote
of a majorit of the qualified el, tors of such city vo 'ng thereon at th speciai)(general) election he 4 on
19 , becam•. operative.
•
6. (C'unty local la concerning Adoption . Charter.)
•
I he;by certify at the Iocal law annex:d hereto, designn .d »s local Taw No. • of 19
of e County , State of N v 'York, havi• g been submit d to
the electors the General Election • November 19 , p .rauant to sub••ivisions 5 and of
section 33 .f the.Municipal Home •ule Law, and ha ing received the of 'rmative vote •-f a majority the
qualifies electors of the cities o said county as a u it and of a majorit, of the qualif' d cicctols of he towns
of sai. county considered as • unit voting at said .eneral election, be me operative.
•
(If .ny other authorized 'orm of final adoptio has been'followed please provide an approprit to certification.)
•
•
I further certify that X have compared the preceding local law with the original On file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
•
Ott,k of cl vuncy legialacive t?ody is ,Town or itiale lacrlc
• or officer designated by local silaative body
(Seal) Date: June 19, 2001
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of Iocality.)
STATE OF NEW YORE
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had of taken fur the e;iectrnent of the .cal law annexed hereto.
•
0MtirA
Signature
,
Cuur t,„ •
• • Town of �Dnh�
Yl}•@•1,*•e
•
Date: T:// / q, oZ27&2
(3)
i
TOWN OF DANBY
NOTICE OF ADOPTION OF A LOCAL LAW
NOTICE IS HEREBY GIVEN, that at a regular meeting held on the 11th day of June, 2001 the
Town Board of the Town of Danby duly adopted a local law of which follows:
A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP TO
REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE
DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL
ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING
MAP; AND TO MODIFY CERTAIN PROVISIONS RELATED TO PRE-EXISTING
LOTS AND NONCONFORMING LOTS OF RECORD
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991,
as subsequently amended from time to time, be and the same hereby is further amended as set
forth in the following sections.
Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby
amended to read as follows:
"Section 505 —PRE-EXISTING LOTS. A small lot, which was a legal building lot before
adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a
non-conforming lot) and which does not meet the minimum requirements of this Ordinance for the
zone in which it is located after the time the Ordinance was adopted (or so amended), may be
used for any use permitted within said zone provided that all structures on said lot otherwise
comply with the terms of this Ordinance. A building already constructed on such a lot may be
altered or enlarged provided that the proposed alteration or enlargement otherwise complies with
the terms of this Ordinance in effect at the time of such alteration or enlargement"
Section 3. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL
ZONE", subparagraph 4 entitled"REQUIRED LOT AREA" is hereby amended to read as
follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than two acres with frontage
of not less than two hundred feet, and a lot depth of not less than three hundred
feet."
Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub-
subparagraph(b) is hereby amended to read as follows:
"(b) Minimum side yard width—fifty feet."
Section 5. Article VI, Section 600, is hereby amended by deleting in its entirety
subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND SIDE YARDS
ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled"SIGNS"), 8
(entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be subparagraphs 6, 7, and 8,
respectively.
Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL
ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as
follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than one and one-half acres
with frontage of not less than one hundred fifty feet, and a lot depth of not less
than two hundred feet."
Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—thirty-five feet."
Section 8. Article VI, Section 601, is hereby amended by deleting in its entirety
subparagraph 6 entitled"REDUCTION OF LOT AREA AND SIDE YARDS ALONG
STREETS" and by renumbering the succeeding subparagraphs 7 (entitled"SIGNS"), 8 (entitled
"HEIGHT'), and 9 (entitled"BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively.
Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF
RECORD" is hereby amended to read as follows:
"Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in which one
single- or two-family dwelling is permitted, a single- or two- family dwelling and customary
accessory buildings may be erected on any single lot of record at the effective date of adoption of
this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-
conforming lot), provided such lot was a valid, lawfully existing lot at the time the Ordinance was
adopted (or so amended). No minimum yard dimensions on any such nonconforming lot shall,
however, be reduced, and no height restrictions or parking requirements may be changed without
a variance."
Section 10. The Zoning Map of the Town of Danby, approved by the Town Board on
December 11, 1991 and subsequently amended from time to time, is hereby amended by deleting
the following note in the map margin: "NOTES: In LD and MD Zones, areas within 400 feet of
the centerline of roads depicted with a Solid line as opposed to a Dashed line, are areas where
reduction in Lot Size, Yards, and/or Frontage is permitted per the terms of the Zoning
Ordinance".
Section 11. If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local law.
Section 12. This local law shall take effect 5 days after its adoption or the date it is filed
in the Office of the Secretary of State of the State of New York, whichever is later.
Carol W. Sczepanski
Town Clerk
Dated: June 19, 2001
Publish: June 21, 2001
Affidavit of Publication Requested
TOWN OF DANBY
NOTICE OF ADOPTION OF A LOCAL LAW
NOTICE IS HEREBY GIVEN,that at a regular meeting held on the 11th day of June, 2001 the Town
Board of the Town of Danby duly adopted a local law of which follows:
A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE MEDIUM DENSITY
RESIDENTIAL ZONES FROM THE COMMERCIAL TARGET AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as
subsequently amended from time to time, be and the same hereby is further amended as set forth in the
following section.
Section 2. Article VI, Section 603, subparagraph 1 entitled"LOCATION OF COMMERCIAL
TARGET AREA" is hereby amended to read as follows:
"1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the
Town of Danby Zoning Map designated High Density Residential Zones are the
Commercial Target Area."
Section 3. Article IV, Section 401, entitled"MAP" is hereby amended to read as follows:
"Section 401—MAP. Said zones, except for the Commercial Target Area and Mobile
Home Park Zones, are bounded as shown on a map entitled"Zoning Map Town of Danby" adopted
December 11, 1991, and signed by the Town Clerk. Details of existing Commercial Zones and
Planned Development Zones are shown in the Supplement to Town of Danby Zoning Map Showing
Details of Commercial Zones and Planned Development Zones" dated December 11, 1991
accompanying the Zoning Map. Said map, map supplement, and all explanatory matter thereon and
amendments thereto are hereby made a part of this Ordinance. The Commercial Target Area consists
of all the Commercial Zones and all of the High Density Residential Zones shown on said map.
Certain existing Planned Development Zones (formerly known as Planned Development Districts)
are shown on said map. New Commercial Zones, Planned Development Zones, and Mobile Home
Park Zones may be created as set forth in this Ordinance."
Section 4. If any provision of this local law is found to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law.
Section 5. This local law shall take effect 5 days after its adoption or the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
Carol W. Sczepanski,
Town Clerk
Dated: June 19, 2001
Publish: June 21, 2001
Affidavit of Publication Requested.
'Loco) Law Filing NEV YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALRANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
•
Toxu
of DANBY •
YiIl�gc- •
Local Law No. • 1 or the year 2001 • • :
A local law Amending .the Zoning Ordinance and Zoning Map to. Remove Provisions. That
Presently Reduce Lotin $g-Cc �• • • •........
Y , )Frontage Dimensions and Setbacks tn.'�11i1ec1'ium and•'tow Density
Residential Zones Along Existing Roads Shown as a Solid Line on the Zoning Map and to
Mocljittyitctggie Wyr9ydsions Related to Pre-Existing Lots and Nonconforming Lots of Record
-ernstrty— Be it enacted by the Town Board of the • •
' Y- of Danby •
Town as follows:
•
LOCAL LAW NO..1 OF 2061 • •
•
•
•
A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP •
TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES,
FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW
. DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A
SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN
•
PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING
LOTS OF RECORD
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from tithe to time, be and the same hereby is further
amended as set forth in the following sections.
Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby
amended to read as follows:
"Section 505 -PRE-EXISTING LOTS. A small lot, which was a legal building •
lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance •
changing the lot to a non-conforming lot) and which does not meet the minimum
requirements of this Ordinance for the zone in which it is located after the time the •
•
.Ordinance was adopted (or so amended), may be used for any use permitted within said
zone provided that all structures on said lot otherwise comply with the terms of this
Ordinance. A building'already constructed on such a lot may be altered or enlarged . .
provided that the proposed alteration or enlargement otherwise complies with the terms of
this Ordinance in effect at the time•of such alteration or enlargement"
•
Section 3: Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL
ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as
(If at91111R 'coal space Is needed, Attach pages the same size as this sheet, and number each.) ;
�l�
7rvn)
"4. REQUIRED LOT AREA. Lot area shall be not less than two acres with
frontage of not less than two hundred feet, and a lot depth of not less than
three hundred feet."
Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—fifty feet."
Section 5. Article VI, Section 600, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND
SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7
(entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled"BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY
RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby
amended to read as follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than one and one-half
acres with frontage of not less than one hundred fifty feet, and a lot depth
of not less than two hundred feet."
Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—thirty-five feet."
Section 8. Article VI, Section 601, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS
ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled
"SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF
RECORD" is hereby amended to read as follows:
"Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in
which one single- or two-family dwelling is permitted, a single- or two- family dwelling
and customary accessory buildings may be erected on any single lot of record at the
effective date of adoption of this Ordinance (or adoption of an amendment to this
Ordinance changing the lot to a non-conforming lot), provided such lot was a valid,
lawfully existing lot at the time the Ordinance was adopted (or so amended). No
minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and
no height restrictions or parking requirements may be changed without a variance."
Section 10. The Zoning Map of the Town of Danby, approved by the Town
Board on December 11, 1991 and subsequently amended from time to time, is hereby
amended by deleting the following note in the map margin: "NOTES: In LD and MD
Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as
opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage
is permitted per the terms of the Zoning Ordinance".
Section 11. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 12. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
(Complete the certification In the paragraph that applies to the filing of this Iocal law and
strilcc out that 11•Ilic}i h not applicable.)
•
•
•
•
•
X. (Final adoption by local legislative body uuly.)
•
I hereby certify that the local law annexed hiereto. designated RS local law Na. 1
of the (County)(City)(Town)(Village) of Danby of _y the
Town Board was duly passed by t
on June 11 2001 in accordance with tlic applicable provisiurts uC law,
�itame of Leg-illative Body)
•
•
2. (Passage by local legisl Live body with approval, : disa
PProval or rep sage aftci dlsapprov
by the F.ier.tive Ch".. Executive Officer'.)
•
I hereby certify th. the local law annexed I • eto, designated as - al law No,
of the (County) tty)(Town)(Village) of of 19 •
. vas duly passed by lire
on 19 .nd was (apprnvPCl nOt d'.a
'time of c• ta:tve boa;+) — — )( pproved)(repac:ed flier
disappr•- al) by the and was deemeri duly ad
,,pted on l�(:teelty. I' ,e ExecutiveOticer')
in cordance with the apt. ;cable provisions of Iaw,
•
3. (Final adoption ty referendum.)
•
• I hereby certify hat the local law anne ed hereto, designated as local law•No,
of the (Count (City)(Town)(Viilagc) .1 Of 19
o was duly passe by the
Name of L . +lative Body) 1=
•
. • (Cl`ty local law concerning Charter rev! ion proposed by pet' lon,) •
T hr.rr..l:,y certify ti , t the local law anne •d hereto, designate. es local Iaw No. of 1•
of the City of having been •bmitted to referendum purs •ant to
the provisions .£ section (36)(37) o the Municipal 1-fom• Rulc Law, and I aviub received t affirmativ vote
• of a majorit of the qualified el tors of such city vo 'ng thereon at th speciai)(general) election he i on
19_, bccarn•. operative.
•
•
•
6. (County Iocal la couccriti,tg adoptlon • Charter.) •
•
I he by certify at the Iocal law annex:d hereto, design:,' .d As local law NO. of 19
of e County , State of N v York, havi g•been submit d to
the electors the General Election • Novemher 19_, p •rsuant to sub,•ivisions 5 and of
section 33 •f the-Municipal Home ' ule Law, and ha mg received the of 'rmative vote -f a majority the
qualifies electors CIF the cities n said county as a u it and of a majorit, of th.c qualif' d elcctots of he towns
of sai• county considered as unit voting at said .eneral election, be me operative:
•
(If •ny other authorized 'orm of final adoptio has been•followed please provide an apprbprit to certification..)
•
•
•
•
I further certify that I have compared the preceding local law with the original on file in this office.and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
•
Ole1k vt tit vunty legtataclve ttooy a ,'fawn oc itTa`e lacrk
or officer deeigneted by local gilaative t ody
•
(Seal) Dater June 19, 2001
•
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
ST.ITE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
pi-acceding: have been had or taken fur the enuot n eat of the local la'.v annexed hereto.
•
•
•
Signature
'ntt••
County
ity •
Town of
•
• Village
Date: • •
•
•
(3) •
`LOG,a• Filing I Law Filin NEu YORK STATE DEPARTMENT OF STATE
6. b • 162 WASHINGTON AVENUE, AIRANY, NY 12231
(Use this form to file a local law with the Secretary of Statc.)
Text of law should be given as amended. Do not include matter being eliminated and do not •
use italics or underlining to indicate new matter.
•
7'- of Danby •
e •
py•
Local Law No 2 of the year 200i • ' ' •
A local law Amending the Zoning Ordinance to Eliminate Meclit.im Density Residential .
Zones from the 851rrnaMal Target Area •
Re it enacted by tho TQw1:1...laoard. • •
of the
(Name of Lnei.lative Body)
ntj'
•
•
{p Danby
Town °f as follows:
e-
• TOWN OF DANBY .
LOCAL LAW NO. 2 OF 2001 •
A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE
MEDIUM DENSI.TY RESIDENTIAL ZONES FROM THE COMMERCIAL •
• TARGET AREA
•
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from time to time, be and the same hereby is further
• amended as set forth in the following section.
Section 2. Article VI, Section 603, subparagraph 1 entitled"LOCATION OF
COMMERCIAL TARGET AREA" is hereby amended to read as follows:
"1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on
the Town of Danby Zoning Map designated High Density Residential Zones are
the Commercial Target Area." •
•
Section 3. Article IV, Section 401, entitled "MAP" is hereby amended to read
as follows:
"Section 401 —MAP. Said zones,.except for the Commercial Target Area .
and Mobile Home Park Zones, are bounded as shown on a map entitled"Zoning
Map Town of Danby" adopted December 11, 1991, and signed by the Town •
Clerk. Details of existing Commercial Zones and Planned Development Zones are
shown in the Supplement to Town of Danby Zoning Map Showing Details of
Commercial Zories and Planned Development Zones" dated December 11, 1991 -•
• accompanying the Zoning Map. Said map, map supplement, and.all explanatory .
matter thereon and amendments thereto are hereby made a part of this Ordinance.
(If additional space Is needed, attach pages the space size as this sheet, and number each.)
(I) •
nnc.11n rn ., 'on)
The Commercial Target Area consists of all the Commercial Zones and all of the
High Density Residential Zones shown on said map. Certain existing Planned
Development Zones (formerly known as Planned Development Districts) are
shown on said map. New Commercial Zones, Planned Development Zones, and
Mobile Home Park Zones may be created as set forth in this Ordinance."
Section 4. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 5. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
. . .
(Complete the certification In the paragraph that applies to the filing of this local Jaw and
strike out that which Is not apulicnLle.)
•
•
1. (Final adoption by local legislative burly uuly.) ••I hereby certify that the local, law annexed hereto, dcsignatr.d as local law No.' 2
of the (County)(City)(Town)(Village) of Danby • of 2001
Town Board was dal
on June 11 duly passed by t
(flame of Legi,lative Body) 20tH,, in accordance with the applicable provisions of law,
•
2. (Passage by local 1•gislative body with - .proval no d}sa '
•
ppro al or repassage a cr'disapproval
by the Flar.ttve • lief Executive Offi :r'
I hereby certify t at the local law ann• ed hereto, designa -d as Iocal law No •
of the (County) 'ity)(Town)(Village of of !9
19 wasduly . ssedbythe
°' , and was (app vPd n
'arne of eau •are bony) -- — )( of disapproved) apee:ed niter
disapprtiv by fife .
and was dee era duly adopted on 19
(aectty L ie Executive OT tear')
in accordance with the applicable provisions of law.
•
3. (Final adopt •n by referendu .)
I hereby cery y-that the local w annexed hereto, designated as ocal law•No.
of the (Cou ty)(City)(Towr.) dilingc) of /9_.S wd by the
on 19 , a • was (approved) of disappr.ante of eQialative 3ody) ed a,ter disapp oval) by the °(r ecti . Ch,. tx.e ive OiGeer SUC}l $. sub itted to the pec•le by reason .f a (mandatory)(p:,missive rcferen. n vo c of a ma or'ty t ) t, :act ;cceived ive f the qualifi .4 electors voting tl -reon at the (gene •l)(special)(annual d on
.1:' , in accordance with the app icabie provisions la\y.. . .
4. (Subject •. permissive referendu :nd final adoptlo• because no vali: petition was 'tied requesting
rcfc:nd .m,)
I hereby :.rtify that the local Ia anne :ed hereto, :csignatcd as Io .1 law Nu.
of the ( sunty)(City)(Town)( page) of 01' 1`�
2lyasscd by the
on 19 , ad ' (appruved)(n- ; dis ) cpossed after
flame • Legftlative t ody dip• roval) by the on Sul;w was sbject to
(c' active Chif Executive %offic ')er is:ivc referend.m and no valid petition requesting •ucli refrendum as filed as 19
in accordance wit the applicable provisions of Iaw,
•
'Elective Chief ExccutlYe Officcr maul„ ur includes the chief executive officer of h county elected on a
county-wide basis or, If there be' none, the chairman of the county legislative body, the mayor of a city
or village, or the zupervisor of a town ,rItere sut:lt officer is vested )rltli the power to approve or veto local
laws or ordinances. .
•
•
(2)
•
• a • {C1`ty local law canoe . ng Charter revision : "posed by petition,) - •
T hr.rriiy certify t the local. law annexe• ereto, designated as local law •o. 0
of the City of having .:.en submitted to referendum ursuant to
the provi ' ns of section (36)(37) o the Municipal Home Rule La , and lLaviub received the affi tative vote
of a m.jority of the qualified c ctors of such city voting there• . at the (speciai)(gene.ral) eiec ' n held on
19 , beta c operative.
6. (County local aw cuucerniug A ,uptlua of Chartc•.)
I hereby certi that the Iocal I ' annexed beret• designate.d as 1. al law No. . • of 19
of the Coun of • , State of New Y. k, having. • en submitted to
the electo at the General lection of Nova • er 19 , purse t to subdiv'.ions 5 and 7 of
section "i of the•1,,funici.al Home Rule L - , and having re, ived the affirmc we vote of • majority of th
aualif' d electors oft cities or said co .my as a unit an• of a majority of c quaiifie• electors of the was
of s d county consi eyed as a unit vo ng at said gener.. election, becam= operative.' .
( any other an• torized form of nal adoption has een'folldwed, p''ase provide .n apprbpritate ertification.)
•
I further certify that I have compared the preceding local law with the original on file in this office.and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
•
Oleck Ot Clio Cu 'urit g ttactre t?ocy tc ,'Town or i axe Glcrk
or officer designated by local I iiaative Go'
. Y oca s ny
(Seal) rate:- June 19, 2001
•
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of Iocality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had oc taken fur the enactment of the local law annexed hereto.
9ignacure -
•
T,cl.
County •
City .
• Town or .
. Village
Date: •
(3)
BARNEY, GROSSMAN, DUBOW & MARCUS
ATTORNEYS AT LAW
SENECA BUILDING WEST
JOHN C. BARNEY
PETER G.GROSSMAN SUITE 400 FACSIMILE
DAVID A. DUBOW 119 EAST SENECA STREET (607)272-8800
RANDALL B. MARCUS ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS)
WILLIAM J.TROY III
JONATHAN A. ORKIN (607) 273-6841
July 12, 2001
Secretary of State of New York
Department of State
Bureau of State Records
41 State Street
Albany, New York 12231
Re: Town of Danby -Local Laws Nos. 1 and 2 of the Year 2001
Dear Sirs and Ladies:
Enclosed for filing in your office are original copies of each of the Town of Danby's Local
Laws Nos. 1 and 2 of the Year 2001. Local Law No. 1 is entitled "A Local Law Amending the
Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes,
Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along
Existing Roads Shown as a Solid Line on the Zoning Map; and to Modify Certain Provisions
Related to Pre-existing Lots and Nonconforming Lots of Record". Local Law No. 2 is entitled
"A Local Law Amending the Zoning Ordinance to Eliminate Medium Density Residential Zones
from the Commercial Target Area".
Please forward the receipt for filing of these Local Laws directly to:
Ms. Carol Sczepanski 1 2
Town, Clerk, Town of Danby
1830 Danby Road "Pic,
Ithaca,New York 14850 tb. n,/
Thank you for your attention to this matter. 1 ,
Very truly yours, � O.
.40/4",k4 •
JCB:sls
r
Enclosures
xc: Carol Sczepanski, Town Clerk
(w/certified copies of Local Laws)
1
TOMPKINS
COUNTY
T � N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
AFFIDAVIT OF SERVICE
BY MAIL OF NOTICE OF PROPOSED LOCAL LAWS
STATE OF NEW YORK :
COUNTY OF TOMPKINS:
I Carol W. Sczepanski, Town of Danby Town Clerk, being duly sworn,
deposes and says:
1 . That she is the Town Clerk of the Town of Danby, Tompkins County
New York.
2. That on May 2, 2001 which is no later than ten (10) days prior
to the date of public hearing, she caused to be mailed, pursuant to
the provisions of Municipal Home rule Law, a copy of the proposed local
law entitled "A Local Law Amending the Zoning Ordinance to Eliminate
Medium Density Residential Zones from the Commercial Target Area", and
a local law entitled : "A Local Law Amending the Zoning Ordinance and
Zoning Map to Remove Provisions That Presently Reduce Lot Sizes, Frontage
Dimensions, and Setbacks in Medium and Low Density Residential Zones
Along Existing Roads Shown as a Solid Line on the Zoning Map; and
to Modify Certain Provisions Related to Pre-existing Lots and Nonconform-
ing Lots of Record", which is attached hereto to the Town Board of the
Town of Danby.
(ia'43&121
Carol W. Sczerr. ski, Town Clerk
Town of Danby
5/02/01
Draft, 8/00 re-transmitted 3/15/01 to Planning Board REVISED SECTION 5 S.B.
4/17/01
TOWN OF DANBY
PROPOSED LOCAL LAW NO. OF 2001
A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE
MEDIUM DENSITY RESIDENTIAL ZONES FROM THE COMMERCIAL
TARGET AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from time to time, be and the same hereby is further
amended as set forth in the following section.
Section 2. Article VI, Section 603, subparagraph 1 entitled "LOCATION OF
COMMERCIAL TARGET AREA" is hereby amended to read as follows:
"1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on
the Town of Danby Zoning Map designated High Density Residential Zones are
the Commercial Target Area."
Section 3. Article IV, Section 401, entitled "MAP" is hereby amended to read
as follows:
"Section 401 — MAP. Said zones, except for the Commercial Target Area
and Mobile Home Park Zones, are bounded as shown on a map entitled "Zoning
Map Town of Danby" adopted December 11, 1991, and signed by the Town
Clerk. Details of existing Commercial Zones and Planned Development Zones are
shown in the Supplement to Town of Danby Zoning Map Showing Details of
Commercial Zones and Planned Development Zones" dated December 11, 1991
accompanying the Zoning Map. Said map, map supplement, and all explanatory
matter thereon and amendments thereto are hereby made a part of this Ordinance.
The Commercial Target Area consists of all the Commercial Zones and all of the
High Density Residential Zones shown on said map. Certain existing Planned
Development Zones (formerly known as Planned Development Districts) are
shown on said map. New Commercial Zones, Planned Development Zones, and
Mobile Home Park Zones may be created as set forth in this Ordinance."
Section 4. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 5. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001
A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP
TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES,
FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW
DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A
SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN
PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING
LOTS OF RECORD
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from time to time, be and the same hereby is further
amended as set forth in the following sections.
Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby
amended to read as follows:
"Section 505 —PRE-EXISTING LOTS. A small lot, which was a legal building
lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance
changing the lot to a non-conforming lot) and which does not meet the minimum
requirements of this Ordinance for the zone in which it is located after the time the
Ordinance was adopted (or so amended), may be used for any use permitted within said
zone provided that all structures on said lot otherwise comply with the terms of this
Ordinance. A building already constructed on such a lot may be altered or enlarged
provided that the proposed alteration or enlargement otherwise complies with the terms of
this Ordinance in effect at the time of such alteration or enlargement"
Section 3. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL
ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as
follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than two acres with
frontage of not less than two hundred feet, and a lot depth of not less than
three hundred feet."
Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width— fifty feet."
Section 5. Article VI, Section 600, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE; AND
SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7
(entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled `BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY
RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby
amended to read as follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than one and one-half
acres with frontage of not less than one hundred fifty feet, and a lot depth
of not less than two hundred feet."
Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—thirty-five feet."
Section 8. Article VI, Section 601, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS
ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled
"SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF
RECORD" is hereby amended to read as follows:
"Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in
which one single- or two-family dwelling is permitted, a single- or two- family dwelling
and customary accessory buildings may be erected on any single lot of record at the
effective date of adoption of this Ordinance (or adoption of an amendment to this
Ordinance changing the lot to a non-conforming lot), provided such lot was a valid,
lawfully existing lot at the time the Ordinance was adopted (or so amended). No
minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and
no height restrictions or parking requirements may be changed without a variance."
Section 10. The Zoning Map of the Town of Danby, approved by the Town
Board on December 11, 1991 and subsequently amended from time to time, is hereby
amended by deleting the following note in the map margin: "NOTES: In LD and MD
Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as
opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage
is permitted per the terms of the Zoning Ordinance".
Section 11. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 12. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
14-16.4 (9/95)—Text 12
PROJECT I.D. NUMBER 617.20
SEAR
Appendix C
State Environmental (Duality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR I 2. PROJECT NAME
-row, 0-- -DK\,1-171)1 X0,0✓1 E oG 1�(� 1
3. PROJECT LOCATION:
Municipality TAG v1 ,/ County 1O1 ._ 9 k�I.l Lam.
4. PRECISE LOCATION(Street address and road Intersections, prominent landmarks, etc., or provide map)
. Lo G`) ` 1I/C A 1 U 14/1 -YlS1 l •1Zv '(�( .z .-,,?--
C5 ArrA- w)�T A")
5. IS PROPOSED ACTION: •
❑New 0 Expansion 1-1,,,M r•atlnnlaitoretinn
6. DESCRIBE PROJECT BRIEFLY: PROPOSED ANTENDMENTOF ZONING ORDINANCE AND ZONING MAP TO REMOVE
PROVISIONS THAT PRESENTLY REDUCE LOT SIZES.FRONTAGE DIMENSIONS.AND
SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING
ROADS SHOWN AS A SOLED LINE ON THE ZONING MAP; (AND TO ALLOW PRE-
EXISTING LOTS WHICH SUBSEQUENTLY MAY NOT CONFORM TO THESE
AMENDMENTS TO BE LEGAL NON-CONFORMING LOTS)
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres'' 3s-s o 0.4: . Low 'p C rl S . ZO n
6. WIL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS7-N3 L}6O a c
Yes ❑No II No,describe briefly ed
-_ 4 9 Cl vi A...4,L v y O 1'CL,,c-v (
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
)2(IndustrIal /XElesIdential _ Commercial Agriculture .ark/Forest/Opon space ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)? {
❑Yes No M yes, Ilst agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes INo If yes, list agency name and permlUapproval
12. AS A RESULT OF PROPOSED�ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes ❑No Nf-r
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: �w r1 �� L1 L'� Tow IA_ 604,4_, j//_�/,
Dale:
/ /
Signature: T'
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
•
PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 If yes, coordinate the review process and use the FULL EAF.
❑Yes ❑No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? II No, a negative declaration
may be superseded by another involved agency.
❑Yes ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
Cl. Existing air quality, surface or groundwater quality or quantity. noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
.`
' ■CO I1 51w i`VI
C2. Aesthetic, agricultural, archaeol , • or c, or other natural or cultural resources, community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife spe •es, signilic'nt habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly.
C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly.
C6. Long term, short term, cumulative, or otner ellects not identified in Cl•C5? Explain briefly.
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
❑Yes ❑No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes ❑No If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine-whether it is substantial,large,important or otherwise significant.
- Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If
question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
•
-P D4 l,vcIp 11 lam ) ---
t Name of lead Agency
e 1.A.)c_.-zt t=. hi W1 0, IA, "i73- -J v1 6:1.r ?-,ro i< --
Print or Type Name of Responsible()nicer in Lead Agency Title orli Responsible Officer `' •
Signawre of Responsible Onrcer in Lead Agency Signature of Prep.rrer(ti different from responsible oiiicerl
•
Date
Progress Draft for Town Board. S. Beeners,3/7/01 (e ' ..31 12 o I
PART H—ENVIRONMENTAL ASSESSMENT
PROPOSED AMENDMENT OF ZONING ORDINANCE AND ZONING MAP TO REMOVE
PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE DIMENSIONS,AND
SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING
ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP; (AND TO ALLOW PRE-
EXISTING LOTS WHICH SUBSEQUENTLY MAY NOT CONFORM TO THESE
AMENDMENTS TO BE LEGAL NON-CONFORMING LOTS)
A. Action is Unlisted and does not exceed any Type I threshold.
B. The Town Board is Lead Agency for this action. The action will receive Coordinated Review.
The Planning Board is an involved agency since it makes recommendation to the Town Board pursuant to
Section 1200 of the Zoning Ordinance. The Tompkins County Dept. of Planning is an involved agency
pursuant to General Municipal Law 239-m.
SUMMARY OF ACTION: (See Attachment A)
Roads Affected: The roads shown on the Zoning Map with a solid line, rather than a dashed line, are those
roads which are maintained year-round, and which do not have State forest land fronting on both sides.
Present Provisions, Low Density Residential Zones: within a 400-foot area measured from the centerline
of these roads, the minimum lot size is 1 acre, minimum frontage is 150 feet, and minimum side yard width
is 25 feet. Outside of this 400-foot `subzone', the minimum lot size is 2 acres.
Proposed Provisions, Low Density Residential Zones: the `subzone' would be removed. The minimum
lot size would be 2 acres, the minimum frontage would be 200 feet, the minimum lot depth would be 300
feet, and the minimum side yard width would be 50 feet.
Present Provisions,Medium Density Residential Zones: within a 400-foot area measured from the
centerline of these roads, minimum lot size is 1 acre, minimum frontage is 150 feet, and minimum side yard
width is 25 feet. Outside of this 400-foot `subzone', the minimum lot size is 1 1/2 acres.
Proposed Provisions, Medium Density Residential Zones: the `subzone' would be removed. The
minimum lot size would be 1 1/2 acres, the minimum frontage would be 150 feet, and the minimum side
yard width would be 35 feet.
•
Pre-existing Lots: Section 505 of the Zoning Ordinance would be modified to allow pre-existing lots to
remain and to be built upon, subject to certain provisions.
Acreage Affected:
3,580 acres in `subzone' of Low Density Residential Zone, out of total 30,788 acres in this Zone.
460 acres in `subzone' of Medium Density Residential Zones, out of total 1 697 acres in these Zones.
Assumptions made in this environmental review: (Please also see Part III Assumptions)
• That the present provisions in the Subdivision Regulations, for example, those related to Clustered
Subdivision (which permits reduction in lot size and other dimensional requirements), Recreational
Open Space, and Environmental Conservation will continue to apply.
• That this action is a measure which will be subject to further refinement or supplementation in the near
future as the updated Comprehensive Plan is completed, and as subsequent legislative improvements
1
are made.
C. COULD ACTION RESULT INANYADVERSE EFFECTS ASSOCIATED WITH THE
FOLLOWING?
Cl:Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic
patterns, solid waste production or disposal,potential for erosion, drainage, or flooding problems?
No adverse impacts are expected to these factors since permitted land use density would be
reduced.
C2:Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources, or
community or neighborhood character?
No significant adverse impacts are expected to aesthetic, archeological, historic, natural, or
cultural resources because permitted density would be reduced, and given assumptions made in this review.
Agricultural Resources:
The increase in minimum lot dimensions and size in some instances may be disadvantageous with
respect to the preservation of viable agricultural land. Farmers who wish to sell lots along existing roads
may find the increased lot size impractical if viable farm fields are near these roads. For example, the
minimum lot dimensions in Low and Medium Density Zones would increase the lot depth from 290 to 435
feet, a 145-foot increase in depth. In some instances, land which otherwise might be kept in cultivation
might instead, as the back land of residential lots, revert to brush, or change to high-maintenance lawn.
This impact would be partly mitigated by the increased use of clustered subdivision techniques.
For example, smaller lot sizes and dimensions could be permitted under clustered subdivision or other
techniques in those instances where the preservation of viable agricultural land or other important land
features was achieved(a minimum 5 acre tract is required for a clustered subdivision).
Community or neighborhood character:
No significant adverse impacts are expected provided that there is increased use of clustered
subdivision and other land conservation techniques (see also "Assumptions", Part III.) The diversity of
Danby's landscape, including extents of undevelopable land may lend itself naturally to a diversity of lot
sizes, as described elsewhere related to housing starts and subdivision trends.
C3. Vegetation or fauna,fish, shellfish or wildlife species, significant habitats, or threatened or
endangered species?
No adverse impacts are expected given the proposed reduction in permitted land use density.
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use
of land or other natural resources?
Community plans and goals as officially adopted:
1989 Comprehensive Plan: (See Attachment B)
This plan includes many objectives for the preservation of open space with residential development.
Zoning for large lot sizes is considered one of several measures for preserving open space and community
2
character. Other measures identified were clustering, encouragement of development along and near
existing roads, and retaining a minimum of 150 feet of frontage for each residence. After this plan,
various changes were made in the Town's regulations, and new subdivision regulations which provided for
creative development to preserve open space through clustered subdivision.
Given the present process of updating the Comprehensive Plan, and given assumptions made in this
review, no significant adverse impacts are expected related to the consistency of the proposed zoning
changes with respect to the 1989 Comprehensive Plan.
Zoning Ordinance:
The following are the statements of purpose for the three main residential zones:
Section 600—"The purpose of the Low Density Residential Zone is to provide an area of
limited development where it is deemed most desirable to maintain larger lots for
development and permit the possibility of continued agricultural use of the areas without
limiting the areas to solely agricultural uses."
Section 601 —"The purpose of the Medium Density Residential Zone is to maintain the
residential character of certain areas of the Town, to provide a buffer or transition from the
low density residential and agricultural areas to the high density residential areas and areas
where commercial activities may be subsequently permitted."
Section 602—"The purpose of the High Density Residential Zone is to provide for an area
where more intense development is encouraged to occur in the general vicinity of through
traffic areas and areas that are already intensively developed."
While the proposed zoning changes are generally consistent with the above statements of purpose,
the following is noted:
• As described in C2 above, new lots on farmland should be permitted to be of a reduced size or
dimension, where benefits related to continued agricultural use are achieved.
• Undeveloped land along existing roads in the Medium and High Density Zones is limited, primarily
in Central Danby. In Central Danby, most of the High Density Zone is already developed with the
exception of farmland on the north side of West Miller Road. In the Medium Density Zone, the
only significant area of vacant land on existing road frontage is field and pasture on Comfort Road.
In the West Danby High Density Zone, roughly 2/3 of the road frontage is developed. Around %2
of the road frontage in the West Danby Medium Density Zone is developed,
• It is recommended that in the near future, more study of the West Danby Water District and its
relationship to the various Zones be conducted. Presently there is no correlation between public
water service and zone definition, except that a reduced lot size is permitted in the West Danby
High Density Zone if the lot is served by public water.
Nonconforming Lot Provisions:
The proposed revisions to Section 505 —"Pre-existing Lots"AND Section 1 000—"Nonconforming Lots of
Record" would allow most pre-existing lots which would not conform to the proposed new lot size,
dimensions and setbacks to be used, provided that all structures on these lots would otherwise conform to
the terms of the Zoning Ordinance. A building already constructed on such a lot could be altered or
enlarged provided that the proposed alteration or enlargement otherwise complied with the terms of the
Ordinance.
Potential Nonconforming Lots (estimated):
Medium Density Residential Zones:
3
Less than or equal to l acre:
Developed: 2
Undeveloped: 1
Greater than 1 acre and less than 1 1/2 acres:
Developed: 10
Undeveloped: 1
Low Density Residential Zones:
Less than or equal to 1 acre:
Developed: 104
Undeveloped: 17
Greater than 1 acre and less than 2 acres:
Developed: 167
Undeveloped: 17
Totals:
Developed: 283
Undeveloped: 36
Total Lots in Danby: PRESENTLY NOT AVAILABLE.
Developed:
Undeveloped:
Subdivision Regulations: (See Attachments C)
The proposed zoning changes are expected to be generally consistent with the purpose of the Subdivision
Regulations (Section 101). As described elsewhere, it is assumed that increased use of the Clustered
Subdivision provisions will allow the Planning Board in some instances, and on tracts of 5 acres or more,
to approve lots less than the proposed new minimum size and dimension. Of note related to trends and the
classification of subdivisions is the following:
• Since conventional lots that exceed 5 acres ("Rural Land Divisions") are exempt from Town
subdivision review, some subdividers have considered this provision an incentive. Other subdividers
have applied for Minor Land Division Permits because these do not involve Planning Board review,
and also are usually exempt from County Realty Subdivision requirements.
Change in Intensity of Use of Land and Other Natural Resources:
While no significant adverse impacts are expected in the short range, potential long-range impacts
related to growth and subsequent development need to be studied and planned for as part of the current and
continuing comprehensive planning process. Areas where growth should be encouraged or discouraged
should be identified more precisely.
Road Frontage:
The proposed action would reduce the amount of available frontage for development in Low
Density Residential Zones by 1/3. No information has been gathered on actual trends related to road
frontage. At present, no significant adverse impacts are expected by this action, but more information will
be needed in the future related to potential long range impacts related to the cost of road infrastructure.
Land Coverage by Development:
Typical Minimum Dimensions for Various Lot Sizes:
2 acre lot: 150' frontage, 581' depth
2 acre lot: 200' frontage, 435.6' depth
4
'17i I 1 c_: tt s),0
1 1/2 acre lot: 150' frontage, 435.6' depth Yeti' (. ;D-1'(S
1 acre lot: 150' frontage, 290' depth 17-49'1) 1 _`
Low Density Zone: The frontage change from 150 to 200 feet would reduce the permitted development
density on existing roads by 1/3. The lot depth change would increase the minimum lot depth by 145.6
feet. (Minimum side yards for principal buildings would change from 25 to 50 feet. The minimum 10- ,
foot side and rear yard setback for accessory buildings as provided in Section 512 would remain.
Medium Density Zone: The change in minimum acreage along existing roads from 1 to 1 1/2 acres would
increase the minimum lot depth by 145.6 feet (e.g., from 290 feet to 435.6 feet). (Minimum side yards for
principal buildings would change from 25 to 35 feet, with minimum 10 foot side and rear setbacks for
accessory buildings remaining unchanged)
The above lot size and dimension changes might help preserve side-yard and rear-yard open space
for lots developed along existing roads. In some instances, however, a lesser yard setback might be
desirable to enhance usability of the lot, conserve site-specific natural resources, and/or preserve important
aspects of Town character, such as important views from roads. Such lesser yard setbacks could only be
achieved through Clustered Subdivision if the lot or tract was 5 acres or more, or if a significant hardship
was grounds to grant a Variance.
The 145-foot increased lot depth in Medium and Low Density Zones could lead to longer private
driveways or longer new public roads than under the present zoning. That, along with the increased
frontage requirement in Low Density Zones, might make it more difficult to properly use interior land.
Assuming that the present provisions in the Subdivision Regulations would allow the Planning Board to
approve modifications to lot dimensions and size, this most likely is not a current adverse impact. In the
future, frontage on existing roads will become increasingly limited, especially in the High and Medium
Density Zones where presumably development should be encouraged.
C.S. Growth, subsequent development, or related activities likely to be induced by the proposed action?
The proposed zoning changes would not induce growth but could influence the location of
development in the future. Given limited accessible land in High and Medium Density Zones, conventional
lot development could lead to sprawl in the LD zones. This impact is expected to be controlled by
increased use of clustered development and other techniques to allow flexibility in lot size, as long as
overall density goals are maintained.
Population and Housing Trends: (See Attachment D)
Between 1980 and 2000, there was a 16% increase in the number of housing units in Danby (1980:
876 housing units. 1990: 1087 housing units. 2000: 1258 housing units). Population projections and
future housing unit needs vary widely. Household size is shrinking so that more housing units in proportion
to population will be needed. In the next 20 years the large baby-boomer generation, now age 30 to 50, will
be retirement age. This group will most likely be of small household size, and in need of residences that are
easy to manage. Large lot sizes may not be consistent with the future needs of this age group.
Housing Starts and Lot Sizes: (See Attachment E)
Based on a survey of housing starts between 1990 and 2000, it was found that the housing starts in
High Density, Medium Density, and Commercial "C"Zones were on lots that exceeded 1 to 1 1/2 acres in
size. In the Low Density Zones, out of 124 housing starts, 32, or 26% were on lots less than 2 acres in
size. The remaining 92 housing starts, or 74%, were on lots ranging widely in size.
Reasons for the wide variation in lot size appear to include a range of incomes and affordability
needs, preference, the low present costs for undevelopable residual land, and the splitting off for sale of the
5
smallest lot size possible, in order to preserve remaining lands as a future investment. Some banks which
finance mortgages for lower-income homebuyers require that the lot on which a home is built to be of a size
that is not further subdividable by reason of lot size or frontage dimension.
As mentioned above under"Subdivision Regulations", the classification of subdivisions and
varying procedures sometimes act as incentives with respect to lot size, particularly with respect to "Rural
Land Divisions"where lots exceeding 5 acres are exempt from Town review.
Presumably, the trend whereby 74% of the population will want to build on lots exceeding 1 11/2
and 2 acres will continue. With respect to the 26% of the population want to build on lots that are less than
or around 2 acres in size, it is assumed that this trend can be accommodated by increased use of techniques
to allow flexibility in lot size or that relatively low land costs may mean that many people will buy lots of 2
acres or more in size.
The Olde Towne Village and Fieldstone Circle Subdivisions, located in Planned Development
Zones, are examples of`clustered' development, where a variety of lot sizes and frontage dimensions, along
with open space setasides, were approved.
Impact on property values, taxes.
Attachment e "Summary of Vacant Land Sale Analysis",prepared 4/11/01 by Jay Franklin,
Assistant Director, Tompkins County Division Assessment, describes that the impact on property
values would be minimal. (added 4/26/01 S.B.)
C6. Long term, short term, cumulative, or other effects not identified in Cl-CS?
As described in Cl through C5 above. Otherwise, none are known at this time.
C7. Other impacts (including changes in use of either quantity or type of energy?
Not expected as a result of the proposed zoning changes.
D. Will the project have an impact on the environmental characteristics that caused the establishment
of a Critical Environmental Area?
Not expected. There are no CEA's in Danby.
E. Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
None is known at the time of this review.
PART HI-DETERMINATION OF SIGNIFICANCE
A negative determination of environmental significance is recommended, based on the following
assumptions:
The following is assumed in this current Progress Draft Review:
Timing: The Planning Board is in the process of drafting an updated Comprehensive Plan, continues to
gather public input, and is presently studying specific land use aspects of the plan. The proposed zoning
changes may be an interim measure, subject to further review in the near future as the updated
Comprehensive Plan is completed.
Alternatives: An alternative interim measure to the proposed zoning changes until the Comprehensive
Plan is completed is to name the 400-foot `subzones' on the Zoning Map to clearly identify where 1-acre
6
lots are permitted, so that confusion about zoning densities is minimized.
Existing Legislation: The present provisions in the Subdivision Regulations, for example, those related to
Clustered Subdivision which permits reduction in lot sizes and other dimensional requirements,
Recreational Open Space, and Environmental Conservation will continue to apply.
Danby's Land Diversity: Danby's complex land characteristics, including areas that have development
constraints (such as poor drainage, steep-slopes, and other residual undevelopable lands)will continue to be
a major influence on where development occurs, and will in many instances guide lot size.
Information Base: In the immediate future, there will be increased use of recent mapping and other
information related to specific land use characteristics which can assist the Town in planning, zoning, and
subdivision functions.
2000 Census: The results of this Census, available in the near future, will assist the Town in
refining its planning related to such aspects as population, housing, age distribution, and income.
Fiscal and Financial Impacts: More information would be helpful on these aspects. There is currently a
low demand for land and a low land cost, but Danby is a prospective growth area in the County. Subject to
provision of new information, property values, taxation assessments and Town budget would not be
adversely impacted.
Future Legislation:As the Comprehensive Plan is completed, refinements will be made to the Town's
zoning and subdivision regulations to accommodate mid- and long-range growth, so that potential impacts
of sprawl as a result of conventional increased lot size, frontage, and setbacks can be mitigated.
Conservation Overlay Zoning and Rural Siting Guidelines are two of several possible refinements.
The Minor Land Division Permit process could be improved with respect to site plan standards which
presently are deficient.
Related Planning Activities: Zoning Map: As part of but mostly subsequent to the updated
Comprehensive Plan, various actions would occur, such as further identification of areas in the town where
a variety of densities would be encouraged or regulated, along with appropriate changes to the Zoning
Map. Other studies that would assist in defining and preserving `rural character' are:
• Historic Agricultural Resources: The present intensive-level survey of historic agricultural resources
will provide information related to further modification of land use regulation to protect these
resources.
• Visual Resource Inventory: Such an inventory could help identify areas along and near existing roads
where consideration of local visual, cultural and natural resources was of community significance.
Susan C. Beeners, Reviewer
7
...........
ATTACHMENT A
n1 rOvwlK
P01S� I
TDwr+tX muU - -7r-
J—y r
,...777.41 none r.,I. no,e TT. , S p p.
\..\ n '\ POt1-��• e`c.00. /
1 el,. \ fry ' +.._ P 9 j ` ,,,1 1 \ .• •b,:J
\ � n n..4 . tl,h.1.0..."-x•, %
■ r / Dai c:� , P014 27 .
W.Jerr.r n..'Id. • ` / 12---1. `�, � / NOTES:•
92 r•— LD In LO and MO zone.,
m. R..A a.
PD1Z/� / within 400 ieel of the
•
/'LD■ • _.. / I .-..� centerline of roads
tiy.n Road '
'./ 333 depicted with a Solid
07 opno,ed to a Dash,
./ 2 line, *IV arias wh.,e
i `` i. .._ beer / m,d fen Fj reduction In Lot Site,
3 tine ne, i '� •..` > 1ITpr�'ed j(t�� >� /` J / t ( / [ Y — Yards, and/or Fronlec
Z i \ ; y to 11 ,,,,,a �' / I I Sq 1, permitted par 'hi
0 , J f ( { t�.....� —.J a..d �/ Iv terms of the Zoning
t M D / C3 , l Ordinance.
a �: i BA d •� ° P
P'''A
/ z
Ilk n� 11 ..e Ito �!,—PO, .• • a y ---1--.a� �'70 I P010 ,,
\ ; P07 ^+.rev. •o
�� ► is MD ,..y �y� �.. �••z
f,%�/ -� ; l ACS i'\..—..�,` ] e J '
_ —•,� •) o
r
'it ecn S J „,ells na.
L y LC) Lp Poi ( L D
•
a �. rend - ,'�. t /
�� Iro
/
•
8 , I T I
i
- 'y `k` _ I .7 ,.•- L.J 0.8..6, tD_,, f r
1 .nD
._. w. ivi1D �`. M i � _ , � . i\ �, _
a ct
ii , la
MO -- I C
— ? rr�'' \ \\,,i,,I 1 1' MD. \ I 1 )1
^{ '� ( __..\.,), ),/ ( rn a.•d 7.•... J IA_
deni _ _ I 1 0 ` —
r 1 -.- /...� 1 1 It
89"15t- r+� 1
I
; At t// r t:�.
/ I�' LD
•z; 91o��� a 1 ;h; A \ I 1 f. •
d i o
I ,•,•Iero�
.t. liir
p
.. , 14'.1..A. / - 1 , r / / , 1
y
5 \ ..
I fS / 1 / w'
— — � / < i. J 4.11 '•.�/ 1 /
i 3 \ /
ii' t r
ZONING MAP 9 ',,/ ' pp„ `
f ,
Sl
APPROVED by TOWN BOARD o `-- �`�� n•.4 1 +-
December 11, 1991 • m / + 1 i' i
I) t ,} — /
en
c...v....-u ■•c... y , 5
L�.f 4. Y$k Low penalty Residential Zone ,
(14 Q� Town of Danby LO 7 A CommercialZone-A-
�1 Tonrp►I.,, County, a... York .{. MD Medium O•n,iiy If•sidentlal Zone S Commercial Zone-8"
5..,.1 o..•r I
Cis `-- swu . * _o ,1,. t10 Nigh Denelty Resid•nll.i Zone C Commercial Zone
ro Planned D•v•lopmen. Zon• MU Mobile theme Park Zone
ATTACRI ENT B
TOWN OF DANBY COMPREHENSIVE PLAN 5 1 (6169
purpose
This Comprehensive Plan states a vision of the future for the Town of Danby
which will serve as a set of guiding principles for land use planning and growth
control. It is intended to help residents who own homes and businesses , Town
officials , those who would develop property in the Town, and potential residents.
Its purpose is to ensure orderly growth that will not unduly and unreasonably
disrupt neighborhoods, and that will not destroy irreplaceable forests , open
spaces, and wetlands . It is not a static document. It is a plan which should be
periodically updated to reflect changes in its underlying consensus.
Context - Descriptive Background
The Town of Danby lies south of the City of Ithaca, straddling parts of three
glaciated valleys which run approximately north-south through the Town. There
are three major traffic arteries, one in each valley: route 34/96 in the Cayuga
Lake Inlet valley, running through the hamlet of West Danby; route 96B in the
central part of Town, running through the hamlet of Danby; and Coddington Road, •
running through the eastern portion of the Town. All three arteries end in the
City of Ithaca, and provide Town residents with the major means of access to the
city.
1
During the nineteenth and early part of the twentieth centuries, agriculture
was the dominant enterprise in the Town, but recent decades have seen the
majority of Danby residents employed in the manufacturing, education, or service
sectors. There are still a number of working farms in the Town and part-time
farming is popular, and it is possible that local full-time farming may again
become more important.
Danby is still sparsely developed, with a considerable amount of open space.
It lies outside of the major growth area in the recent past in Tompkins County,
which has been generally in the northeastern part of the County. The 1980 census
lists Danby with a population of 2,449, which is just less than the historic high
of 2 ,494 that it reached in 1845. The open space in Danby is also due to the
recent reduction in active farming (resulting in many large parcels which have
not been divided) , to relatively large areas of state owned land in the southern
part of the Town, and to several significant wetlands in the Town.
Commercial activity requiring and benefitting from ready access to heavily
trafficked roads has concentrated along the major arteries, primarily 96B in and
around the hamlet of Danby and 34/96 in and around the hamlet of West Danby.
There has also been a historic clustering of residential space in these two
areas. There are churches and fire stations in both hamlets, a Town Hall and
highway barn in Danby, and a post office in West Danby. West Danby is also the
site of a rail corridor.
Planning Considerations
2
the community. The Town should work towards provision of public space in which
programs of this type could be run. The Town should work to promote facilities
within the Town such as schools, parks , municipal buildings, and recreational
areas.
Preservation of Open Space with Residential Development
Large lot size requirements in residential areas are important, but simply to
zone for large lot size will not preserve the perception of open space. When new
housing is proposed it should be encouraged to locate either along and near
existing roads, or in small clusters on new, generally short, roads. Maximum as
well as minimum set back requirements from public roads should be considered.
New roads to cluster developments should go to major roads wherever possible so
that municipal costs in road development can be minimized. Areas located around
such housing should be left open in order to maintain the rural character of the
Town.
The ability of the land to support proposed residential development must always
be an essential consideration. Approval of development plans should be based on
soil type (from descriptions on soil maps and direct test results) , on topography
(determined from descriptions on topographic maps and direct observation) , and on
the availability of water and provision for the proper disposal of waste.
Additional essential considerations are protection of neighboring properties
from adverse effects on water supplies , protection from other environmental
4
If such clustering is impossible or the developer is unwilling
to provide it, then a larger average lot size resulting in a smaller
total number of homes will be required to provide the sense of
"open space" .
Provision of Public Water and Sewer Facilities
An adequate and reliable source of potable water, and adequate
means for sewage disposal , are very important concerns in Danby.
Existing ground water supplies, which provide water for private
and semi-private wells, are determined by the geography of the
region. All development in Danby must be based on its impact
on this precious natural resource and any extensive future develop-
ment will have to be based on the adequate provision of water
as part of the development proposal. Specifically, residential
planned development proposals should include plans for self contained
water and sewer facilities.
Public water and sewer systems , by their nature, attract dense
development. Since dense development is not generally compatible
with overall Town goals, Danby should consider carefully before
creating additional public water or sewer systems in the Town.
Development Along Natural Growth Lines
Residential development may be expected near natural lines of
easy transportation (routes 96B, 34/96 , and the Coddington Road)
and most heavily near the major center of employment for residents
of Danby, the City of Ithaca. Concentration of development along
-6-
normal hours of operation, type of permitted activity, need for electric, water
and sewer utilities , and so on.
Additional Goals and Considerations
Growth in population may soon require that a school again be built in Danby.
Such a development should be welcomed, and provision should be made for it.
Affordable housing should be a feature of Town development, and land use
regulations should encourage the setting aside of a reasonable amount of space
for it. Such housing should be spread throughout the Town, and not clustered in
large tracts.
To provide for additional environmental protection, Danby should make local
amendments to the State Environmental Quality Review regulations to better
reflect the needs of our community.
Town developed and maintained facilities are important. Roads, public
buildings, and services should be improved as necessary to meet the needs of the
Town.
Land Use Regulation
The Town has adopted a Zoning Ordinance to control land use and development.
The Zoning Ordinance will be reworked to achieve the density and distribution
goals stated here. The provision of Planned Development Districts provides for a
8
ATTACHMENTS C
�KGe-f n f , 5t4 4,4 t v . 12_e ct,.� o$ 1 z u.n 4
. v
WAY re/.wp5I/0anby.09/77/96 2:13pm
Section 101. Purpose.
•
1. The subdivision itulations are intended to guide and protect the community's physical, social,
and aesthetic development, and to help the Town of Danby grow in an orderly, efficient, and
economical manner which maintains and reflects the individuality of the Town and the
character of the Town as a rural community and a beautiful and desirable place in which to
live. In no way are the subdivision regulations designed or intended to create a hardship for
any person or group. Rather, these regulations are considered part of an overall plan to protect
all of the citizens of Danby and to aid all who wish to sell or develop a piece of land.
2. The regulations, standards, and procedures contained herein arc developed to ensure the
following:
A. that the health, safety, and welfare of the Town's inhabitants are promoted;
B. that land to be subdivided is suitable for building purposes without creating dangers
to health or peril from fire, flood, or other menace;
C. that all proposed lots be so laid out and of such size as to be in harmony with the
development pattern of the neighboring properties and with the character and contour
of the land;
D. that proper provision is made for drainage, water supply, sewerage, highways, open
space, and other needed improvements;
E. that all proposed streets compose a convenient system and be of such width, grade,
and location as to accommodate the prospective traffic, and provide access for
emergency services and fire fighting equipment;
F. that proper provision is made for parks, playgrounds, and significant open space;
G. that there is optimum overall conservation, protection, development, and use of the
environmental resources of the Town of Danby.
Section 102. Re nces and Interpretation.
1. References herein to cles*sections, subsectioe , and paragraphs are to those parts of these
regulations, unless context-iiidicates otherwise.
2. For the purposes of these regulatioris;,"the language set forth shall be interpreted through
reference to certain terms and their'meaniiigfl..in-A pendix A, "Definitions". If not specifically
defined in that Appendix, words and phrases'shall-he interpreted as set forth in the Town of
Danby Zoning Ordinan and otherwise so as to Ve,them,he meaning they have in common
usage and to give ese regulations the most reasonable-application.
3. Constructi For the purposes of these regulations, the language sets or kshall be interpreted
2
SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK
Adopted December 11. 1991, and Amended through September 9, 1996
SUMMARY OF MAJOR FEATURES: (not official. Refer to legislation.)
CLASSIFICATION:
LAND ANNEXATION: Consolidation of land with an abutting lot. Typically exempt from
subdivision review.
RURAL LAND DIVISION: A Conventional Subdivision where all lots contain more than 5
acres of land and meet all pertinent zoning requirements. Typically exempt from subdivision
review.
MINOR LAND DIVISION: A Conventional Subdivision into no more than 4 lots in any period
of 3 consecutive years, where at least one lot is 5 acres or less in area, and which
• conforms to pertinent zoning requirements;
• does not involve extending or creating a public road or public water or sewer utility
• is located on, generally, a year-round road;
• is not in or within 250 feet of a designated Critical Environmental Area, Freshwater Wetland,
or Area of Special Flood Hazard;
• does not include on more than 50% of the total land area slopes greater than 15%.
MINOR LAND DIVISION is subject to a MINOR LAND DIVISION PERMIT.
MINOR SUBDIVISION: Any Conventional Subdivision (other than the 3 classifications
above) into no more than 5 lots, which does not involve extending or creating public roads or
water/sewer utilities.
MINOR SUBDIVISION is subject to Planning,Board approval, including public hearing.
MAJOR SUBDIVISION: Any subdivision other than the 4 classifications above.
MAJOR SUBDIVISION is subject to Planning Board approval, including public
, hearing, and if public road or water/sewer utility creation or extension is involved, is also subject
to Town Board review and approval.
CLUSTERED SUBDIVISION: Minimum 5 acres in subdivision. May be required for all or
part of the site. Permitted density is based on equivalent conventional density. Examples that
might be permitted include modification of frontage and area requirements if open space and
other benefits are obtained. (Provisions generally follow N.Y.S. Town Law.)
OPEN SPACE RESERVATION REQUIREMENTS: Town may require a minimum of 10%
of the subdivision area for public recreational open space. Alternatively, Town may accept
payment in lieu of public land reservation, or privately owned 'preserved open space' .
(Provisions follow N.Y.S. Town Law, except private `preserved ppen space' has been added.)
ENVIRONMENTAL CONSERVATION: Standards and guidelines are provided for
preserving environmentally sensitive areas, viable agricultural land, significant vegetation,
erosion control, and drainage.
ADDITIONAL REQUIREMENTS: Standards and guidelines are provided for subdivision
layout, street design, water and sewage disposal, and other technical items.
ATTACHMENT D
Table 1. Town of Danby, Population Estimates, 1995-1999
1999 1998 1997 1996 1995 1990 Census
Danby 3,088 3,061 3,046 3,032 3,044 2,858
Source: U.S. Census Bureau,Place and County Subdivision Population Estimates,
http://vw\v.census.goy/population/estimates/metro-cite/mcdts/MCD99 NY.zip
Housing From 1990 to 1999, the Town of Danby grew by an estimated 230 persons.
Additionally, 151 new housing units were added to the housing stock over this time period, at a
rate of one new housing unit per 1.5 new persons.
Various methods have been used to determine what the population in Danby will be in the year
2010 according to the 1990 and 1980 censuses (see Cornell Report—Recommendation for the
Future of the Town of Danby). The one that most closely fits with the 1999 census estimate
(with an estimated population of 3,092 in 2000) projects the population to be 3,268 in 2010 and
3,491 in 2020. However, these estimates are as low as 3,407 and as high as 4,278 in 2020. No
one knows for certain what the population could be twenty years from now, but we can play it
safe and prepare for all scenarios.
For example, if Danby's population grows to 4,278 in 2020 or by 1,190 persons, at an estimated
2.6 persons per household, Danby will need 458 additional housing units. However, if we use
the newer trend of 1.5 housing uni o p r peso,, Danby will require an additional 793 units.
P�StruS rt.! 610104).3 uhi±
Table 2. Projected Housing Needs in 2020
Population Est. Increase Add. Units Add. Units
Est. 2020 1998-2020 @ 2.6 per @ 1.5 per
Low 3,407 319 123 318
3,491 403 155 269
4,052 964 371 643
High 4,278 1,190 458 793
. The above table shows that the number of housing units is estimated to increase between 123 and
793 units by 2020. This means that an additional 246 to 1,586 acres of land, at 2 acres per unit,
may be acquired for residential use by 2020. Therefore, up to 6.0 percent of the town's
privately-owned land may be acquired for residential use over that time period.
Age of Population The estimates show that the population of the Town of Danby is projected to
be younger by 2000. In 1990, the number of persons age 65 and over was 233, while the number
of persons 19 and under was 791. The projections show that by 2000 the number of persons 65
and older should have fallen to 213 and the number of persons 19 and over will climb to 952, if
projections are accurate. However, the largest category of people in 2000 is projected to be 30
to 50 year olds at 1,373 persons. While, these people are not at the typical retirement age, this
group will begin retiring 14 years from now. Housing needs change as people's ages, incomes,
and lifestyles change.
ATTACHMENT E
HOUSING STARTS AND LOT SIZES:
Housing Starts from 1990 through 2000, and their lot sizes:
The following was found in a survey of housing starts during the 11-year period from 1990 through 2000:
Low Density Residential Zone:
There were 124 housing starts, of which 32, or 25.8% of the total, were on lots less than 2 acres in
size. The other 74.2 % of these ranged from 2 to 156 acres in size.
Central Danby High Density Residential Zones:
8 housing starts, all with lots exceeding 1 acre in size.
Central Danby Commercial Zone"C":
2 housing starts, both with lots exceeding 1 acre in size.
Central Danby Medium Density Residential Zones:
3 housing starts, on lots exceeding 1 1/2 acres in size.
West Danby High Density Residential Zone:
4 housing starts, on lots exceeding 1 1/2 acres in size.
West Danby Medium Density Residential Zone:
2 housing starts, one on a lot 1.49 acres in size, the other on a lot 8.5 acres in size.
Major Subdivisions in Planned Development Zones:
Olde Towne Village:
The subdivision plans approved and filed in the late 1980's have lots ranging from 1 to 1.99 acres,
1 lot 41.85 acres in size and restricted to one dwelling, and around 12 acres of undeveloped open
space. Frontage less than 150 feet was permitted on some lots.
Of the 14 lots with housing starts between 1990 and 2000, most were 1 to 1.99 acres in size.
The design of this subdivision is similar to Clustered Subdivision, in its variation of frontage and
its open space setaside.
Fieldstone Circle Subdivision:
The approved subdivision plans have lots ranging from 1.15 to 3.59 acres in size, and 22.6 acres of
reserved open space. Frontage less than 150 feet (e.g., `flag lots') are included. Of the 8 lots with
housing starts between 1990 and 2000, sizes range from 1.4 to 2.41 acres. As with Olde Towne
Village, the design of this subdivision is similar to Clustered Subdivision, in its variation of
frontage and its open space setaside.
Camelot Subdivision:
This subdivision was approved for 7 lots ranging from 1.39 to 4.32 acres, along with a proposed
public road and proposed public water service to be installed by the developer. There have been no
housing starts.
Other Subdivision Trends:
A full survey of subdivisions or `splits' between 1990 and 2000 has not been conducted. Please refer,
however, to the"Lot Size Analysis"Maps (available only in large format) to see the full extent of Danby's
lot sizes.
4
TOMPKINS
COUNTY
Ts N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
TO: Attorney John Barney
FROM: Carol W. Sczepanski
DATE: May 23, 2001
RE: Proposed Local Laws
Enclosed is a copy of the legal notice of advertisement of the proposed local laws to amend the
Zoning Ordinance of the Town of Danby. I sent the notice for publication early due to the
holiday weekend and I am not sure of the Journal's lead time over holidays.
A Special Meeting of the Town Board will follow the public hearing and is posted on our bulletin
boards. The Board may consider adoption of the two proposed local laws at this time. Could
you please send me proper resolutions for adoption or a sample of what I need for proper
recording purposes. The public hearing is to be held on Wednesday May 30.
If there is something else I need to do related to these local laws please let me know.
Special Note: On April 22nd at the New York State Town Clerk's Conference I was installed as a
Region 6 New York State Director for a three year term. (I must be doing something right.)
v 4/
TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001
A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP
TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES,
FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW
DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A
SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN
PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING
LOTS OF RECORD
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from time to time, be and the same hereby is further
amended as set forth in the following sections.
Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby
amended to read as follows:
"Section 505 —PRE-EXISTING LOTS. A small lot, which was a legal building
lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance
changing the lot to a non-conforming lot) and which does not meet the minimum
requirements of this Ordinance for the zone in which it is located after the time the
Ordinance was adopted (or so amended), may be used for any use permitted within said
zone provided that all structures on said lot otherwise comply with the terms of this
Ordinance. A building already constructed on such a lot may be altered or enlarged
provided that the proposed alteration or enlargement otherwise complies with the terms of
this Ordinance in effect at the time of such alteration or enlargement"
Section 3. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL
ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as
follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than two acres with
frontage of not less than two hundred feet, and a lot depth of not less than
three hundred feet."
Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—fifty feet."
Section 5. Article VI, Section 600, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND
SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7
(entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY
RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby
amended to read as follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than one and one-half
acres with frontage of not less than one hundred fifty feet, and a lot depth
of not less than two hundred feet."
Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—thirty-five feet."
Section 8. Article VI, Section 601, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS
ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled
"SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF
RECORD" is hereby amended to read as follows:
"Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in
which one single- or two-family dwelling is permitted, a single- or two- family dwelling
and customary accessory buildings may be erected on any single lot of record at the
effective date of adoption of this Ordinance (or adoption of an amendment to this
Ordinance changing the lot to a non-conforming lot), provided such lot was a valid,
lawfully existing lot at the time the Ordinance was adopted (or so amended). No
minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and
no height restrictions or parking requirements may be changed without a variance."
Section 10. The Zoning Map of the Town of Danby, approved by the Town
Board on December 11, 1991 and subsequently amended from time to time, is hereby
amended by deleting the following note in the map margin: "NOTES: In LD and MD
Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as
opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage
is permitted per the terms of the Zoning Ordinance".
Section 11. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 12. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
TOWN OF DANBY
PROPOSED LOCAL LAW NO. OF 2001
A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE
MEDIUM DENSITY RESIDENTIAL ZONES FROM THE COMMERCIAL
TARGET AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from time to time, be and the same hereby is further
amended as set forth in the following section.
Section 2. Article VI, Section 603, subparagraph 1 entitled "LOCATION OF
COMMERCIAL TARGET AREA" is hereby amended to read as follows:
"1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on
the Town of Danby Zoning Map designated High Density Residential Zones are
the Commercial Target Area."
Section 3. Article IV, Section 401, entitled "MAP" is hereby amended to read
as follows:
"Section 401 —MAP. Said zones, except for the Commercial Target Area
and Mobile Home Park Zones, are bounded as shown on a map entitled "Zoning
Map Town of Danby" adopted December 11, 1991, and signed by the Town
Clerk. Details of existing Commercial Zones and Planned Development Zones are
shown in the Supplement to Town of Danby Zoning Map Showing Details of
Commercial Zones and Planned Development Zones" dated December 11, 1991
accompanying the Zoning Map. Said map, map supplement, and all explanatory
matter thereon and amendments thereto are hereby made a part of this Ordinance.
The Commercial Target Area consists of all the Commercial Zones and all of the
High Density Residential Zones shown on said map. Certain existing Planned
Development Zones (formerly known as Planned Development Districts) are
shown on said map. New Commercial Zones, Planned Development Zones, and
Mobile Home Park Zones may be created as set forth in this Ordinance."
Section 4. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 5. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
TOMPKINS
COUNTY
Ts N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277-4788
•
ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
TO: Attorney John Barney
FROM: Carol W. Sczepanski, Town Clerk,,
DATE: May 10, 2001 iv
RE: Proposed Local Law Information
Enclosed are materials for two proposed local laws for the Town of Danby amending the Zoning
Ordinance which contains:
A copy of the notice I sent to the NYS Parks Commission and surrounding townships (towns
listed on copy)
Affidavit of service by mail to the Town Board of the Town of Danby
Notice of publication (which has been posted at the Town Hall)
Planning Board resolutions (four)
A copy of the Town Clerk instructions from our Associations of Towns on publication. I may
have goofed - our ordinance requires 10 days publication and I didn't read that requirement in the
ordinance before publication. If this is a critical item please let me know.
I need you to prepare the resolutions for passage of the local laws (should the Board vote on
Monday)and of course instructions for advertising their passage in the Journal.
I should be in the office Friday from 9 - 4, Saturday from 9 - noon and most of Monday afternoon
(Mondays are my day off). My home phone is 273-2759 if you need to reach me.
Nr �) •
Subj: Zoning changes
Date: 3/19/01 1:49:16 PM Eastern Standard Time 413=19
From: Img4 @cornell.edu (Laurene Gilbert)
To danbydan @hotmail.com (Dan Klein), rocr @cortland.edu (Bob Roe), ohvl @comell.edu (Olivia Ven , SBeeners @aol.com
Dear PB Members: (Sue-could you see that Linda, Bill and Nancy get this as
well? thanks)
Below is a portion of news, written by Joel and reviewed by TB members,
that will appear in the next Danby Area News. I'm sending it to you
because it's the clearest description of the zoning changes that I've heard
and I thought it might be helpful to you as well:
Zoning Changes Proposed
Two changes to the zoning ordinance initiated by the Town Board
were referred to the Planning Board for their review and recommendation.
One would remove the Medium Density Residential Zone as a target area for
businesses that aren't home occupations (the current law designates both
the medium and high density zones as the target area). The second change
would eliminate an exception to the density requirement in the medium-and
low-density zones. Currently, the ordinance requires new development in the
medium-density zone to have on average at least 1 1/2 acres per dwelling
and in the low-density zone at least 2 acres per dwelling. Individual lots
need not be that large since clustering is encouraged and may even be
mandated. There is an exception, however, which allows for 1-acre lots
along existing roads as long as those lots have at least 150 feet of
frontage. We propose to eliminate this frontage-based exception. Following
Planning Board review, these proposed changes will come back to the Town
board for action. We will conduct a public hearing, probably in May to
allow plenty of time for public input and discussion.
Laurene Gilbert, ASLA
Landscape Planner, Project Manager
Planning, Design and Construction
607-255-7358
Fax 607-274-2052
Dear PB Members: (Sue-could you see that
Linda, Bill and Nancy get this as well? thanks)
Below is a portion of news, written by Joel and reviewed by TB members, that will appear in the next Danby
Area News. I'm sending it to you because it's the clearest description of the zoning changes that I've
heard and I thought it might be helpful to you as well:
Zoning Changes Proposed
<x-tab> </x-tab>Twochanges to the
zoning ordinance initiated by the Town Board were referred to the Planning Board for their review
and recommendation. One would remove the Medium Density Residential Zone as a target area for
businesses that aren't home occupations (the current law designates both the medium and high
density zones as the target area). The second change would eliminate an exception to the density
Friday,January 21,2000 America Online:SBeeners Page: 1
Subj: Zoning changes
Date: 3/16/01 12:20:56 PM Eastern Standard Time
From: Img4 @cornell.edu (Laurene Gilbert)
To: SBeeners @aol.com, rocr@cortland.edu (Bob Roe), ohvicomell.edu (Olivia Vent), danbydan @hotmail.com (Dan Klien)
Sue (or Carol),
Could you see that Linda, Nancy and Bill get this? Thanks.
"Before our next regular PB meeting, scheduled for April 30th, I'd like to
suggest that everyone on our board read over the material Sue provided
fully and review the Environmental Assessment Form thoroughly, making notes
regarding answers on the form. I haven't had a chance myself to read it `
over, but it may be that we'll want a long form EAF instead of the short
form, if we feel we aren't getting enough information from the short
form. I think our best strategy as a board, is to make a determination
t�
based on the answers to each and every question on the EAF. Then we c,?n 1 /
say we either generally agree or disagree, and add comments or questions 1F
we'd like addressed on the form.
Ultimately we'll need to make a report to the TB recommending whether or
not there would be any environmental impacts, and whether or not the
proposed local laws should be enacted, with or without modifications.
More info will be coming from Sue on the Target Zone issue.
A side note: For commercial and residential changes it is not unheard of
to recommend a Generic Environmental Impact Statement (GEIS). This is not
an easy task and requires both time and money, but if the TB is passing two
zoning ordinances together, with two separate EAF's, it could be seen as
segmenting out actions in the SEQR process and could be challenged by the
County.
Laurene
"PLAN FIRST, THEN ZONE"
Laurene Gilbert, ASLA
Landscape Planner, Project Manager
Planning, Design and Construction
607-255-7358
Fax 607-274-2052
---------------- Headers ----Return-Path: <img4 @corneii.edu>
Received: from rly-yg05.mx.aol.com (rly-yg05.mail.aol.com [172.18'147.5]) by air-yg05.mail.aol.com (v77_r1.21) with ESMTP;
Fri, 16 Mar 2001 12:20:56 -0500
Received: from postoffice.mail.cornell.edu (postoffice.mail.cornell.edu [132.236.56.7]) by rly-yg05.mx.aol.com (v77_r1.35)with
ESMTP; Fri, 16 Mar 2001 12:20:39 1900
Received: from GILBERT-NEW.cornell.edu ([128.253.241.23])
by postoffice.mail.ccrnel! edu (8.9.3/8.9.3)with ESMTP id MAA04090;
Fri, 16 Mar 2001 12:20:36 -0500 (EST)
Message-!d: <5.0.1.4.2.20010316114011.05d38cf8 @postoffice2.mai!.comell.edu>
X-Sender: Img4 @postoffice2.mail.cornell.edu (Unverified)
weone.nay,.ianuar;19,2009 Ome'l a Onine;swener3 Page: 1
•
TOWN OF DANBY
PROPOSED LOCAL LAW NO. OF 2001
A LOCAL LAW AMENDING.THE ZONING ORDINANCE TO ELIMINATE
MEDIUM DENSITY RESIDENTIAL ZONES FROM THE COMMERCIAL
TARGET AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from time to time, be and the same hereby is further
amended as set forth in the following section.
Section 2. Article VI, Section 603, subparagraph 1 entitled "LOCATION OF
COMMERCIAL TARGET AREA" is hereby amended to read as follows:
"1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on
the Town of Danby Zoning Map designated High Density Residential Zones are
the Commercial Target Area."
Section 3. Article IV, Section 401, entitled "MAP" is hereby amended to read
as follows:
"Section 401 — MAP. Said zones, except for the Commercial Target Area
and Mobile Home Park Zones, are bounded as shown on a map entitled "Zoning
Map Town of Danby" adopted December 11, 1991, and signed by the Town
Clerk. Details of existing Commercial Zones and Planned Development Zones are
shown in the Supplement to Town of Danby Zoning Map Showing Details of
Commercial Zones and Planned Development Zones" dated December 11, 1991
accompanying the Zoning Map. Said map, map supplement, and all explanatory
matter thereon and amendments thereto are hereby made a part of this Ordinance.
The Commercial Target Area consists of all the Commercial Zones and all of the
High Density Residential Zones shown on said map. Certain existing Planned
Development Zones (formerly known as Planned Development Districts) are
shown on said map. New Commercial Zones, Planned Development Zones, and
Mobile Home Park Zones may be created as set forth in this Ordinance."
Section 4. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 5. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001
A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP
TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES,
FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW
DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A
SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN
PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING
LOTS OF RECORD
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted December
11, 1991, as subsequently amended from time to time, be and the same hereby is further
amended as set forth in the following sections.
Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby
amended to read as follows:
"Section 505 — PRE-EXISTING LOTS. A small lot, which was a legal building
lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance
changing the lot to a non-conforming lot) and which does not meet the minimum
requirements of this Ordinance for the zone in which it is located after the time the
Ordinance was adopted (or so amended), may be used for any use permitted within said
zone provided that all structures on said lot otherwise comply with the terms of this
Ordinance. A building, already constructed on such a lot may be altered or enlarged
provided that the proposed alteration or enlargement otherwise complies with the terms of
this Ordinance in effect at the time of such alteration or enlargement"
Section 3. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL
ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as
follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than two acres with
frontage of not less than two hundred feet, and a lot depth of not less than
three hundred feet."
Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width—fifty feet."
Section 5. Article VI, Section 600, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND
SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7
(entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY
RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby
amended to read as follows:
"4. REQUIRED LOT AREA. Lot area shall be not less than one and one-half
acres with frontage of not less than one hundred fifty feet, and a lot depth
of not less than two hundred feet."
Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub-
subparagraph (b) is hereby amended to read as follows:
"(b) Minimum side yard width— thirty-five feet."
Section 8. Article VI, Section 601, is hereby amended by deleting in its
entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS
ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled
"SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be
subparagraphs 6, 7, and 8, respectively.
Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF
RECORD" is hereby amended to read as follows:
"Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in
which one single- or two-family dwelling is permitted, a single- or two- family dwelling
and customary accessory buildings may be erected on any single lot of record at the
effective date of adoption of this Ordinance (or adoption of an amendment to this
Ordinance changing the lot to a non-conforming lot), provided such lot was a valid,
lawfully existing lot at the time the Ordinance was adopted (or so amended). No
minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and
no height restrictions or parking requirements may be changed without a variance."
Section 10. The Zoning Map of the Town of Danby, approved by the Town
Board on December 11, 1991 and subsequently amended from time to time, is hereby
amended by deleting the following note in the map margin: "NOTES: In LD and MD
Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as
opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage
is permitted per the terms of the Zoning Ordinance".
Section 11. If any provision of this local law is found to be invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 12. This local law shall take effect 5 days after its adoption or the date
it is filed in the Office of the Secretary of State of the State of New York, whichever is
later.
Town Board May 28, 2001
Town of Danby NY
Supervisor's Office
1830 Danby Rd.
Ithaca, NY 14850
As taxpayers and voters in the Town of Danby, we the undersigned wish to go on record
as being of the following opinions regarding proposed zoning changes in the town.
We are opposed to any land use restrictions that are more restrictive than those required
to assure public safety and health. Any lot size restrictions that are more restrictive than
required by County Public Health Department regulations, DEC or EPA regulations place
undue burden on both existing and future land owners in the Town of Danby. The
proposed 200 foot minimum frontage requirements for future residential construction is
without merit and unnecessarily restrictive.
In fact, any other lot size restrictions for residential construction not required to assure
public health and safety are unnecessary and again place undue burden on both existing
and future landowners. Appropriate lot size should be determined by agreement between
the seller and buyer within acceptable public health standards and any imposition of third
party opinions should be of no concern to town government.
0 6 i*
a cP
Respectfully, � LU (Ns
c W M co.
Ilk <
L. Patrick Caveney /
Judith A. Caveney �.441 77 Gunderman Rd. a
Ithaca, NY 14850
PROOF BY SUBSCRIBING WITNESS
STATE OF NEW YORK )
) § :
COUNTY OF TOMPKINS )
01
On this 30 day of rn d 4-9-7-, before me personally came
04Q.. a subscribing witness to a signature on
the foregoing instrument, with whom I am personally acquainted, who, being
by me my sworn, �cI d epode and say that he/she resides at
0'& C, . r
that he/she knows , to be one of
the individuals described in and who executed the foregoing petition; that
he/she, said subscribing witness, was present and saw said witness, at
the same time affixed his/her name as witness thereto. apcd-/-<:-/
otary P I
c�o1W
Not C; PubQ State of New York
IVo.487pork
QvetFfied In Pions Coun
�� n'�mmission Expire§Anti 90 h'
\ 24
02
1
,, 1\
t ="f
PETITION
To the Town Board
Danby, NY
We,the undersigned residents of the Town of Danby,herewith petition the Town Board to bring sections of
the zoning ordinance into conformity with neighborhood characteristics.
The current ordinance permits high density vehicular traffic upon roads not intended for this useage.
Specifically,the designation of Comfort Road as an"industrial access highway" may have served the
purpose of enlisting state funding for the Buttermilk bridge replacement,but that designation is most
inappropriate.
Roads within medium density areas should not be designated as"commercial target"zones.
Pe/; er's Name Address Date
I
/ j-7/10 --( (
.M.la.., .I I._4._ fir . A a 1 a le i■Pa
IMIMPIrt._ / g S Z O 1 v/'7 i C///l /f
/ / / 4076V
'I,' 1 = 4.
&.._7'101 - .,4e%' 9v3 esoAllraer gp 06/a/
/•l� C 0(� Q,�, r) -- ter' l�
Tgaiiv, , , /" Ce '`d Z. 10 07
l'i21161-il7 1;/,-.4.„,,s. '36 C /7-' 0
i c-wk
.�
��.!:.1 .. :.1 2.�., 6 7 - 07
cpvy
-,
PROOF BY SUBSCRIBING WITNESS
STATE OF NEW YORK )
) §:
COUNTY OF TOMPKINS )
jod/
)1) On this 36 day o 7 , before me personally came
0( -2214` subscribing witness to a signature on
the foregoing instrument, with whom I am personally acquainted, wh , being
by me d y swo n, di depose and say that he/she resides at "70
that he/she knows , to be one of
the individuals described in and who executed the foregoing petition; that
he/she, said subscribing witness, was present and saw said witness, at
the same time affixed his/her name as witness thereto.
()Notary -
CAROL W.SCZEPANSKI
Notary Public,State of New York
T
n ffied i4ompk ns
Ouel County
rnmmission Expires Auouct 70,
i
�1
\i.�
-�yy
< c` .4*
PETITION t °
, -' ' ai: ' :4% L'Is,-I
We the undersigned residents of the Town of Danby petition the Town .:. d to b`' ,sectio°s:of
the zoning ordinance into conformity with our neighborhood characteristi ''#:� �-a,, • y'
\ P
"lza '
the 400 foot loophole for low and medium density road which effectively m.Fall D .b4ads
high density and is currently in our zoning ordinance to be eliminated. In addition we believe that
medium density roads should not be designated a" commercial target zone."
INIAme Address Date
Pot,Vi,c,e.-r, ti 3 �--C. 6 " S: ' S//<3 X200 l
V1Y( 1414 0 62d. 13 niOtodi
owo.k.Qcvcreyvl 6A,t,tv‘ 6/0 CO LAA--0 4- ao(Aft eat 1 igy ,.04(
-rim 12.4 644- P 6fv4`,r kat 44(14
J /(L c+I- P. sig,w 6l0-4l
21444 & ►H.IJeri 2d -9 cg A J1 iI Ion
agfadfilickt y
1 V° AFT T 5-( °(
Ravidt,„___:0211111 yz) GU e-'
,,,,,,o...._ / s/a0/0,
G),:tcac5.„,„ I ) 0 6...k......, Ra., .INt.,,QA. A)V 6129/6/
1 !D G V n ,►'%ri.n 68., -�—•-'`'kae.A, N Gt ,54,,,a/01
CliirPtv ii(414-1:11 "7 gr- 'ein."--,A44-lez-ii r?Ce' )11Let,,, ///y .5-7,2, a/
1/ - Y IO'4 Cork 1 ec sew i-/y igXg13 r/zt/ /
■)__I ___6
took_ Ga . *i i to\-k t`f, s5 f u l b
12.....->tic------af 9 t--- ti--7 c:), o 4;-, I, kc) 2 f e.,.., cc,
0 L A° (2._0 S 1 c .6S3 V a b/z)s
1
NIP,
PETITION
We the undersigned residents of the Tavv-of Danby petition the Town Board to bring sections of
the zoning ordinance into conformity wi=th'our neighborhood characteristics. We advocate that
the 400 foot loophole for low and medium density road which effectively makes all Danby roads
high density and is currently in our zoning ordinance to be eliminated. In addition we believe that
medium density roads should not be designated a" commercial target zone."
Name A.dress Date
, 1 i 1 II j /
' , ‘ I I if -7 D SS 6,444,/,-(Kt 0 , (3 2.,(23-b /
� / 4. ' /1 ,1 , G� '� l I
���,
, Nt • pf)4 -z8,41) , ,A , , ir?
Nu,.tr_ _.......00011 ' ( Pt
ow.P.Ak-eo (0 ( I 13� 1
150-&-.--
c.,‘4.cl c o� o �,9 \`1ct� k Si 'l.0,
VQ"-ry,--(L/N-,//1 �/6 'COR- #� Ag /2/ tea(
,,Q, A) 'r6g1) __ I ckaii— 7-7g -CemPo 0 I—go /1\4 /2, -, 6r.'(
i , , ael,/,,,,i, c (c- ,-/I.Iffi hd ba,i. 13/ 3.0p (
, ! 74,6e. (40L____ © P /3 zoo/
- // / �09 Correart ed Maui /31 d08
ifuLat / / % ,/' 7 757 7 S l (0 44- -,ec/ i&/ i3, P-90(
cL_rsi ,/i46 `/ qy C°tf4- " 43-'0/
/ / 0/ / A'
C. I, I
�- 1-ai Corn : i4 , s 13 b1 °�©/
--\--(CLi-^-12-____ _-cAN/4., 61,3 0 c,_4„,4tr„,,.._.�9 S 1
��2 I, G U 11 l 1 i,
PETITION
We the undersigned residents of the Town of Danby petition the Town Board to bring sections of
the zoning ordinance into conformity with pur neighborhood characteristics. We advocate that
the 400 foot loophole for low and density road which effectively makes all Danby roads
high density and is currently in our zonipo ordinance to be eliminated. In addition we believe that
medium density roads should not be designated a" commercial target zone."
Name Address Date
• - 5/ /ô/
'1 le 0(._ s'. �7
CO 0 y
RESOLUTION NO. 1 OF APRIL 30, 2001
Determination of Environmental Significance related to Proposed Local Law Amending the
Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes,
Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along
Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain
Provisions related to Pre-Existing Lots and Nonconforming Lots of Record
By: Dan Klein: Seconded by Olivia Vent
WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning Board for
its recommendation a Proposed Local Law Amending the Zoning Ordinance and Zoning Map to
Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in
Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the
Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming
Lots of Record; and
WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that proposed
amendments or changes to the Zoning Ordinance be referred to the Planning Board for a report
thereon; and
WHEREAS, the proposed local law is an Unlisted Action for which the Town Board is
legislatively determined to act as Lead Agency in environmental review; and for which the
Planning Board is an involved agency in making a report to the Town Board; and the Tompkins
County Department of Planning is an involved agency with respect to General Municipal Law
239-m review; and
WHEREAS, the Planning Board has reviewed the proposed local law, as revised through April
26, 2001 with such revision incorporating revisions suggested by the Town Attorney; and has also
reviewed the Environmental Assessment review prepared by the Code Enforcement Officer;
NOW, THEREFORE, IT IS
RESOLVED,that the Planning Board reports to the Town Board that it recommends that a
negative determination of environmental significance be made for this Unlisted action.
A roll call vote on the resolution resulted as follows:
Farrell Aye
Hansen Aye
Klein Aye
Roe Aye
Vent Aye
Weitzel Aye
Gilbert Aye Carried Unanimously
v
PROPOSED RESOLUTION NO. 2 OF APRIL 30, 2001
Report to Town Board related to Proposed Local Law Amending the Zoning
Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes,
Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones
along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify
Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record
By Dan Klein: Seconded by Chairperson Gilbert
WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning
Board for its recommendation a Proposed Local Law Amending the Zoning Ordinance
and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage
Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing
Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions
related to Pre-Existing Lots and Nonconforming Lots of Record; and
WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that
proposed amendments or changes to the Zoning Ordinance be referred to the Planning
Board for a report thereon; and
WHEREAS, the proposed local law is an Unlisted Action for which the Town Board is
legislatively determined to act as Lead Agency in environmental review; and for which the
Planning Board is an involved agency in making a report to the Town Board; and the
Tompkins County Department of Planning is an involved agency with respect to General
Municipal Law 239-m review; and
WHEREAS, the Planning Board has reviewed the proposed local law, as revised through
April 26, 2001 with such revision incorporating revisions suggested by the Town
Attorney; and has also reviewed the Environmental Assessment review prepared by the
Code Enforcement Officer; NOW, THEREFORE, IT IS
RESOLVED, that the Planning Board recommends enactment of a local law Amending
the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot
Sizes, Frontage Dimensions, and Setbacks in the Low Density Residential Zones along
Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain
Provisions related to Pre-Existing Lots and Nonconforming Lots of Record.
A roll call vote on the resolution resulted as follows:
Farrell Nay
Hansen Aye
Klein Aye
Roe Nay
Vent Aye
Weitzel Aye
Gilbert Aye Carried
RESOLUTION NO. 3 OF APRIL 30, 2001
Further Report to Town Board related to Proposed Local Law Amending the Zoning
Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes,
Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along
Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain
Provisions related to Pre-Existing Lots and Nonconforming Lots of Record
By Dan Klein: Seconded by Olivia Vent
RESOLVED, that the Planning Board recommends enactment of a local law Amending the
Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes,
Frontage Dimensions, and Setbacks in the Medium Density Residential Zones along Existing
Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to
Pre-Existing Lots and Nonconforming Lots of Record.
A roll call vote on the resolution resulted as follows:
Farrell Nay (Four(4) Nays - Three(3) Ayes
Hansen Nay
Klein Aye
Roe Nay
Vent Aye
Weitzel Nay
Gilbert Aye Defeated
RESOLUTION NO. 4 OF APRIL 30, 2001
Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance to
Eliminate Medium Density Residential Zones from the Commercial Target Area
By Bob Roe: Seconded by Nancy Weitzel
WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning Board for
its recommendation a Proposed Local Law Amending the Zoning Ordinance and Zoning Map to
Eliminated Medium Density Residential Zones from the Commercial Target Area; and
WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that proposed
amendments or changes to the Zoning Ordinance be referred to the Planning Board for a report
thereon; and
WHEREAS, the proposed local law is a Type I Action for which the Town Board is legislatively
determined to act as Lead Agency in environmental review; and for which the Planning Board is
an involved agency in making a report to the Town Board; and the Tompkins County Department
of Planning is an involved agency with respect to General Municipal Law 239-m review; and
WHEREAS, the Planning Board has reviewed the proposed local law and has also reviewed the
Long Environmental Assessment Forms and review prepared by the Code Enforcement Officer;
NOW, THEREFORE, IT IS
RESOLVED, that the Planning Board reports to the Town Board that it cannot make a favorable
recommendation at this time as it is not consistent with current planning concepts encouraging
density in or near traditional population centers.
A roll call vote on the resolution resulted as follows:
Farrell Aye
Hansen Aye
Klein Abstained
Roe Aye
Vent Aye
Weitzel Aye
Gilbert Aye Carried With Reservations
TOWN OF DANBY - PLANNING BOARD RESOLUTIONS RELATED TO PROPOSED
LOCAL LAWS
RESOLUTION NO. 1 OF APRIL 30, 2001
Determination of Environmental Significance related to Proposed Local Law Amending the
Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes,
Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along
Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain
Provisions related to Pre-Existing Lots and Nonconforming Lots of Record
RESOLUTION NO. 2 OF APRIL 30, 2001
Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance
and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage
Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing
Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related
to Pre-Existing Lots and Nonconforming Lots of Record
RESOLUTION NO. 3 OF APRIL 30, 2001
Further Report to Town Board related to Proposed Local Law Amending the Zoning
Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes,
Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along
Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain
Provisions related to Pre-Existing Lots and Nonconforming Lots of Record
RESOLUTION NO. 4 OF APRIL 30, 2001
Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance to
Eliminate Medium Density Residential Zones from the Commercial Target Area
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the
County of Tompkins, State of New York, hereby certify that the forgoing resolutions are a true
and exact copy of resolutions duly adopted by the Planning Board of said Town of Danby at a
Special meeting held on the 30th day of April 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby,
this 4th day of May, 2001.
016°-(61 1/ ' _
dr4-i
Carol W. Sczep s i, Town Clerk
I