HomeMy WebLinkAboutZoningUpdate12-1-21
DRAFT Zoning Law UPDATE Town of Danby, New York
Presented to the Town Board
of the
Town of Danby
December 1st, 2021
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Table of Contents –
ARTICLE I: TITLE ........................................................................................................... 5
ARTICLE II: PURPOSE ................................................................................................... 5
Section 200 - PURPOSE ................................................................................................. 5
ARTICLE III: DEFINITIONS ........................................................................................... 5
Section 300 - INTERPRETATION ................................................................................ 5
Section 301 - DEFINED TERMS ................................................................................... 5
ARTICLE IV: ESTABLISHMENT OF ZONES .............................................................. 5
Section 400 - ZONES ..................................................................................................... 5
Section 401 - MAP ......................................................................................................... 6
Section 402 - ZONE BOUNDARIES ............................................................................. 6
ARTICLE V: GENERAL PROVISIONS ......................................................................... 7
Section 500 - APPLICATION ........................................................................................ 7
Section 501 - USE AND OCCUPANCY ....................................................................... 7
Section 502 - LIMITATION OF UNITS ........................................................................ 7
Section 503 - BUILDING FLOOR AREA ..................................................................... 7
Section 504 - CREATION OF SUBSIZE LOT .............................................................. 7
Section 505 - PRE-EXISTING LOTS ............................................................................ 7
Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL ......... 7
Section 507 - BUILDING CODE COMPLIANCE ........................................................ 8
Section 508 - PORCHES AND CARPORTS. ................................................................ 8
Section 509 - FENCES AND WALLS ........................................................................... 8
Section 510 - YARDS ..................................................................................................... 8
Section 511 - ................................................................................................................... 8
Section 512 - ACCESSORY BUILDINGS. ................................................................... 9
Section 513 - SIGNS AND BILLBOARDS ................................................................... 9
Section 514 - PROHIBITED USES .............................................................................. 10
Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS ............................................................................ 10
Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC .............................. 10
Section 517 - STORMWATER REQUIREMENTS .................................................... 10
Section 518 - PROHIBITION AGAINST THE EXPLORATION FOR OR
EXTRACTION OF NATURAL GAS AND/OR PETROLEUM .................... 11
Section 519 - INVALIDITY OF OTHER GOVERNMENTAL PERMITS. ............... 11
ARTICLE VI: ZONE REGULATIONS .......................................................................... 12
Section 600 - HIGH PRIORITY PRESERVATION ZONE ........................................ 12
Section 601 – RURAL 1 ZONE ................................................................................... 14
Section 602 – RURAL 2 ZONE ................................................................................... 18
Section 603 - LOW DENSITY RESIDENTIAL ZONE .............................................. 21
Section 604 HAMLET NEIGHBORHOOD ZONE – .................................................. 24
Section 605 HAMLET CENTER ZONE ...................................................................... 28
Section 606 – COMMERCIAL ZONES ...................................................................... 33
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Section 607 - PLANNED DEVELOPMENT ZONES ................................................. 38
Section 608 - MOBILE HOME PARK ZONE ............................................................. 39
Section 609 Aquifer High Vulnerability Overlay Zone – The purpose ........................ 41
Section 610 Riparian Buffer Overlay Zone – The purpose .......................................... 44
Section 611 Habitat Corridor Overlay Zone – The purpose ......................................... 45
Section 612 Agricultural Support Small Scale Commercial & Light Industry Floating
Zone – The purpose .......................................................................................... 46
ARTICLE VII: SPECIAL REGULATIONS ................................................................... 47
Section 700 - APPLICATION ...................................................................................... 47
Section 701 - ENCLOSURE OF EXCAVATION SITES ............................................ 48
Section 702 - ABANDONMENT OF QUARRIES, ETC ............................................ 48
Section 703 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES .......... 48
Section 704 - JUNK YARDS ....................................................................................... 48
Section 705 - OFF-STREET PARKING ...................................................................... 49
Section 706 - MOBILE HOMES AND MOBILE HOME PARKS ............................. 50
Section 707 - LIGHT INDUSTRIAL ESTABLISHMENTS ....................................... 52
Section 708 - FLOOD HAZARD PROTECTION ....................................................... 52
Section 709 - WIRELESS COMMUNICATION FACILITIES .................................. 52
Section 710 - ADULT ENTERTAINMENT BUSINESSES. ...................................... 52
Section 711 - STORMWATER REQUIREMENTS .................................................... 53
Section 712 - GROUNDWATER PROTECTION REQUIREMENTS ....................... 53
Section 714 - SOLAR ENERGY SYSTEMS ............................................................... 59
ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL PROCEDURES. .............. 62
Section 800 – SITE PLAN REVIEW FOR APPLICATIONS FOR REZONING ....... 63
Section 801 - SITE PLANS REQUIRED FOR SITE PLAN REVIEW ....................... 64
Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE
PLANS .............................................................................................................. 65
Section 803 - WAIVER OF REQUIREMENTS RELATED TO SITE PLAN ............ 67
Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE
PLANS .............................................................................................................. 68
Section 805 - GENERAL CONSIDERATIONS .......................................................... 68
Section 806 - OTHER PROVISIONS REGARDING SITE PLANS ........................... 70
Section 807 - FAILURE OF TIMELY ACTION BY TOWN BOARD OR
PLANNING BOARD ....................................................................................... 71
Section 808 - SOLAR ENERGY FACILITY ............................................................... 71
ARTICLE IX: SPECIAL PERMITS ............................................................................... 74
Section 900 - GENERAL PROVISIONS ..................................................................... 74
Section 901 - GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL
PERMITS AND SITE PLAN REVIEW .......................................................... 75
Section 902 - ADDITIONAL SITE PLAN REVIEW CONSIDERATIONS FOR
COTTAGE INDUSTRY ................................................................................... 76
Section 903 - PROCEDURE FOR SPECIAL PERMITS ............................................ 76
Section 904 - FLOOD HAZARD AREAS ................................................................... 77
Section 905- ENVIRONMENTAL REVIEW .............................................................. 77
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ARTICLE X: NON-CONFORMING USES. .................................................................. 77
Section 1000 - NONCONFORMING LOTS OF RECORD ........................................ 77
Section 1001 - NONCONFORMING USES OF LAND.............................................. 77
Section 1002 - NONCONFORMING STRUCTURES ................................................ 78
Section 1003 - NONCONFORMING USES OF STRUCTURES ............................... 78
Section 1004 - CONTINUATION OR RESUMPTION OF FARM USES ................. 79
Section 1005 - CONTINUATION OF CONSTRUCTION .......................................... 79
Section 1006 - ALTERATIONS IN USE ..................................................................... 79
Section 1007 - RESTORATION .................................................................................. 80
Section 1008 - BOARD OF APPEALS DETERMINATION ...................................... 80
Section 1009 - STORMWATER REQUIREMENTS .................................................. 80
ARTICLE XI: ADMINISTRATION ............................................................................... 80
Section 1100 – ENFORCEMENT ................................................................................ 80
Section 1101 BUILDING PERMIT, CERTIFICATE OF OCCUPANCY,
TEMPORARY CERTIFICATE, CERTIFICATE OF COMPLIANCE,
OPERATING PERMIT .................................................................................... 81
Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE HOMES . 81
Section 1103 - BOARD OF APPEALS ........................................................................ 82
Section 1104 - VARIANCES ....................................................................................... 84
Section 1105 – PLANNING BOARD .......................................................................... 84
Section 1106 - VIOLATIONS AND PENALTIES ...................................................... 87
ARTICLE XII: AMENDMENTS. ................................................................................... 87
Section 1200 - AUTHORITY TO AMEND ................................................................. 87
ARTICLE XIII: MISCELLANEOUS. ............................................................................ 88
Section 1300 - INTERPRETATION OF LOCAL LAW .............................................. 88
Section 1301 - VALIDITY ........................................................................................... 88
Section 1302 - EXISTING ZONING ORDINANCE AMENDED, RE-ADOPTED
AND RE-ENACTED ........................................................................................ 88
Section 1303 - EFFECTIVE DATE ............................................................................. 88
ARTICLE XIV: TRANSFER OF DEVELOPMENT RIGHTS ...................................... 88
Section 1400 – AUTHORITY ...................................................................................... 88
Section 1401 – PURPOSE ............................................................................................ 89
Section 1402 – TRANSFER OF DEVELOPMENT RIGHTS MAP ........................... 89
Section 1403 – PROCEDURE FOR DESIGNATING SENDING AND RECEIVING
DISTRICTS ...................................................................................................... 89
Section 1404 – DESIGNATION OF SENDING AND RECEIVING DISTRICTS .... 89
Section 1405 – PROCEDURES FOR SELLING OF DEVELOPMENT RIGHTS AND
CONVERSION TO PRESERVATION CREDITS .......................................... 90
Section 1406 – ALLOCATION OF PRESERVATION CREDITS ............................. 90
Section 1407 APPLICATION OF PRESERVATION CREDITS ............................... 91
Section 1408 – ADMINISTRATION ........................................................................... 91
ARTICLE XV: CLUSTER SUBDIVISION AND CLUSTER OF DEVELOPMENT
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RIGHTS ............................................................................................................................ 92
Section 1500 – PURPOSE ............................................................................................ 92
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ARTICLE I: TITLE
TOWN OF DANBY, NEW YORK, ZONING LOCAL LAW
ARTICLE II: PURPOSE
Section 200 - PURPOSE. For the purpose of promoting the health, safety, morals,
and the general welfare of the community, and in furtherance of the Town of Danby
Comprehensive plan, to lessen congestion on the highways, to secure safety from fire,
panic, and other dangers, to protect the environment, to provide adequate light and air, to
prevent the overcrowding of land, to avoid undue concentration of population, to facilitate
the adequate provisions of transportation, water, sewerage, schools, parks and other public
requirements, under and pursuant to the laws of the State of New York, the size of the
buildings and other structures, the percentage of the lot that may be occupied, the size of
the yards, the density of population, and the location and use of buildings, structures and
land for trade, residence or other purposes, are hereby restricted and regulated as
hereinafter provided.
ARTICLE III: DEFINITIONS
Section 300 - INTERPRETATION. Except where specifically defined herein all words
used in this Local Law shall carry their customary meanings. Words used in the present
tense include the future, and the plural includes the singular; the word "lot" includes the
word "plot;" the word "shall" is intended to be mandatory; and the words "occupied" or
"used" shall be considered as though followed by the words "or intended, arranged, or
designed to be used or occupied" and the word "he" includes "it" and "she".
Section 301 - DEFINED TERMS. Certain specific words and terms used in this Local
Law are to be interpreted as defined in Appendix I hereto and hereby made a part of this
Local Law.
ARTICLE IV: ESTABLISHMENT OF ZONES
Section 400 - ZONES. The Town of Danby is divided into the following types of zones
(also sometimes hereinafter referred to as "Districts"):
1. High Priority Preservation
2. Rural 1
3. Rural 2
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4. Low Density Residential Zone.
5. Hamlet Neighborhood
6. Hamlet Center
7. Commercial
8. Planned Development Zone.
9. Mobile Home Park Zone.
10. Aquifer High Vulnerability (AHV) Overlay Zone.
11. Stream Setback Overlay Zone
12. Habitat Corridor Overlay Zone
13. Agricultural Support Commercial Uses Floating Zone
Section 401 - MAP. Zones are bounded as shown on a map entitled "Zoning Map Town
of Danby," adopted December xx, 2021, and signed by the Town Clerk. New zones may
be created as set forth in this Local Law. The boundaries of the Aquifer High Vulnerability
(AHV) Overlay Zone are established herein as delineated on a map entitled “Aquifer High
Vulnerability (AHV) Overlay Zone Map, Town of Danby,” dated December xx, 2021 and
kept on file in the office of the Town Clerk.
Section 402 - ZONE BOUNDARIES. Where uncertainty exists with respect to the
boundaries of any of the aforesaid zones as shown on the Zoning Map, the following rules
shall apply:
1. Where zone boundaries are indicated as approximately following the center lines
of streets or highways, street lines, or highway right-of-way lines, such center lines,
street lines, or highway right-of-way lines shall be construed to be said boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot lines
as shown on plots of record at the time this Local Law becomes effective, or lot
lines on plots of record at the time of any amendment rezoning an area, then such
lot lines shall be construed to be said boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the
center lines of street lines or streets, or the center lines or right-of-way lines of
highways, such zone boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the zoning map. If no such distance is
given, such dimension shall be determined by the use of the scale shown on said
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zoning map.
4. Where the boundary of a zone follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
5. Where the boundary of a zone follows a stream, lake or other body of water, unless
otherwise indicated said boundary line shall be deemed to be at the center line of
said stream, lake, or other body of water, unless said center line is outside the
jurisdiction of the Town of Danby, in which event said boundary line shall be
deemed to be at the limit of the jurisdiction of the Town of Danby.
ARTICLE V: GENERAL PROVISIONS
Section 500 - APPLICATION. Except as hereinafter provided, the following general
regulations shall apply.
Section 501 - USE AND OCCUPANCY. No building or land shall hereafter be used or
occupied and no building or part thereof shall be erected, moved or altered unless such
action is in conformance with the regulations specified for the zone in which said action
occurs and any special regulations pertinent thereto.
Section 502 - LIMITATION OF UNITS. No building shall hereafter be erected or altered
to accommodate a greater number of housing units than is permitted in the zone in which
the building is located.
Section 503 - BUILDING FLOOR AREA. No dwelling in any zone shall be erected or
altered so as to provide for less than the minimum number of square feet of enclosed floor
area permitted by the Building Code.
Section 504 - CREATION OF SUBSIZE LOT. No lot shall hereafter be reduced or
altered, by subdivision or otherwise, so as to result in a lot that does not meet the minimum
area or yard requirements prescribed by this Local Law.
Section 505 - PRE-EXISTING LOTS. A small lot, which was a legal building lot before
adoption of this Local Law (or adoption of an amendment to this Local Law changing the
lot to a non-conforming lot) and which does not meet the minimum requirements of this
Local Law for the zone in which it is located at the time the Local Law 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 Local Law. 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 Local Law at the time of such
alteration or enlargement.
Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL. No
building permit, trailer permit, or certificate of occupancy issued under the terms of this
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Local Law shall become or remain valid unless the holder thereof complies with rules
and regulations of the Tompkins County Health Department under the terms of the
County Sanitary Code and any applicable New York State or federal laws, rules, or
regulations. Where minimum lot sizes are specified in this Local Law, the same shall be
subject to the approval of the Tompkins County Health Department or any successor
agency, and if such department or successor requires larger lots to comply with the
County Sanitary Code, New York State laws, or federal laws, the requirements of such
Department or of any State or Federal agency or successor thereto shall govern.
Section 507 - BUILDING CODE COMPLIANCE. If the requirements of the Building
Code are more restrictive with respect to any matter referred to in this Local Law, the
provisions of the Building Code shall govern.
Section 508 - PORCHES AND CARPORTS. In determining the percent of building
coverage or the size of yards, porches and carports, open on the sides but roofed, shall be
considered a part of the building area for the purposes of this Local Law.
Section 509 - FENCES AND WALLS. The provisions of this Local Law shall not apply
to fences or walls less than six feet above the natural grade, nor to terraces, steps, unroofed
porches, or other similar features constructed within three feet of the floor level of the
ground story and within three feet of the finished grade.
Section 510 - YARDS.
1. SIDE YARD ON CORNER LOT.
On a corner lot the minimum yard width on the side street shall be the same as the
required front yard for adjoining properties on the side street.
3. MORE THAN ONE BUILDING ON A LOT.
When permitted by this Local Law, when there is more than one principal building
on a lot in any zone buildings are encouraged to be as close to each other as possible
clustering the development and widely spread development is discouraged.
4. PROJECTIONS.
Bays, including their cornices and eaves, may extend not more than two feet into
any required yard provided that the sum of the lengths of such projections in any
wall shall not exceed one third the length of such wall. An open balcony or fire
escape may extend not more than five feet into any required yard.
5. PARKING.
No vehicle parking area shall be included in any required front yard, except as set
forth below and except for a lot with a one or two housing units.
Section 511 - HEIGHT. Except as otherwise authorized under the terms of this Local
Law, no building or structure shall exceed thirty-six feet in height from lowest
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exterior grade or forty feet in height from lowest interior grade, whichever is the
greater. This height limitation shall not apply to silos, barns, or other structures used
in connection with generally recognized agricultural operations. No structure[s] to
which this exception applies, however, shall exceed one hundred feet in height, or
be located less than one hundred feet from any property line.
Section 512 - ACCESSORY BUILDINGS.
1. No accessory buildings shall occupy required front yard space. In addition:
a. Accessory buildings of 144 square feet or less must be at least 5 feet from
side and rear lot lines,
b. Accessory buildings larger than 144 but not larger than 1000 square feet
must be at least 10 feet from side and rear lot lines,
c. Accessory buildings larger than 1000 square feet must be at least 50 feet
from side and rear lot lines
3. Notwithstanding the foregoing any building housing any noxious commodity shall
be no nearer than one hundred feet from any side or rear lot line.
Section 513 - SIGNS AND BILLBOARDS.
1. No advertising sign or billboard other than those specifically permitted by this
Local Law shall be permitted in any zone.
2. If a property owner fails to comply with any of the provisions of this Section, the
Town Board may issue to said property owner a notice to appear before the Board
of Appeals to show cause why the Town Board should not contract privately to
remove any unauthorized advertising sign or billboard in order to satisfy this
Section and further, to show cause why any expense incurred by the Town Board
in accomplishing the removal of an unauthorized sign or billboard should not be
assessed by the Town Board against the real property of said owner. Upon a
determination by the Board of Appeals that said sign or billboard must be removed
in order to satisfy the requirements of this Section, the Town board shall contract
for the work to be done and the expense so incurred in accomplishing such work
shall be assessed by the Town Board against the real property of the property owner
and the expense so assessed shall constitute a lien and charge on the real property
on which it is levied until paid or otherwise satisfied or discharged as in the case of
any other Town charge.
3. The above remedy is not intended to limit or restrict any other remedies or recourse
by the town against the violators of this Section.
4. The following signs are permitted in all zones:
a. Signs required by law.
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b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the lights
only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which are displayed for 30 days or less.
e. A sign denominating a home business, not over ten square feet in area. Any
such sign shall be located within the property lines of the premises it
identifies and may be illuminated but not flashing. Any signs with lights
directed to the sign shall have the lights shielded as much as practicable to
direct the lights only at the signs.
Section 514 - PROHIBITED USES. Any uses not specifically or implicitly permitted in
a zone established by this Local Law are hereby specifically prohibited from the zone.
Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. The following rules, in addition to any other local, state, or
regulations or federal laws or regulations shall govern excavations in the Town:
1. No excavations shall remain open or uncovered for more than one year after work
has ceased on a construction project or such excavation has been abandoned. Any
excavation or cellar hole remaining after the demolition or destruction of a building
from any cause shall be covered or filled by the owner within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations, damaged buildings and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained herein, he
or she shall be subject to the procedures and remedies available to the Town.
Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC. No church, school,
or other structure designed for public assembly or open to the public and authorized
pursuant to a Special Permit hereafter erected in, or moved to, outside of the hamlet zones,
shall be located within one hundred feet of any property line.
Section 517 - STORMWATER REQUIREMENTS. The requirements of Town of
Danby Local Law Number 1 of 2010, entitled “Town of Danby Stormwater Management,
Erosion and Sediment Control Law” (herein the “Stormwater Local Law”) be and hereby
are incorporated into this Zoning Local Law, and all activities in all zones listed in Article
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6 hereof, and all hereafter approved Planned Development Zones, shall comply with such
Stormwater Local Law and all requirements therein, including, but not limited to, the
preparation and approval of SWPPPs, the obtaining of Stormwater Permits, and the design,
planning, installation, construction, maintenance, and improvement of temporary and
permanent Stormwater Management Practices, as each and all of such capitalized terms are
defined and used within such Stormwater Local Law. Regardless of the language of this
Zoning Local Law, no waivers pertaining to stormwater requirements may be granted by
any person, body, board, or other entity unless such waiver is granted pursuant to the
authority of Article 16 of such Stormwater Local Law.
Section 518 - PROHIBITION AGAINST THE EXPLORATION FOR OR
EXTRACTION OF NATURAL GAS AND/OR PETROLEUM. No use or operation
on any land, parcel, lot, or other area located within the Town of Danby, including but
not limited to within any Planned Development Zone, shall be proposed, allowed, or
permitted where such use or operation involves: (i) any Natural Gas and/or Petroleum
Exploration activities; (ii) storage or staging, for any length of time and whether above or
below ground, any Natural Gas and/or Petroleum Exploration and Production Materials
or any Natural Gas Exploration and/or Petroleum Production Wastes; or (iii) any Natural
Gas and/or Petroleum Extraction activities or any Natural Gas and/or Petroleum Support
Activities; or (iv) any drilling, construction, or excavating of any well to find or produce
any Natural Gas or other hydrocarbons, or (v) any storage, staging, processing, or
treatment areas, structures, or improvements relating to Natural Gas, petroleum, or any
related hydrocarbons, Natural Gas and/or Petroleum Exploration and Production
Materials, or Natural Gas Exploration and/or Petroleum Production Wastes, or (vi) any
disposal of Natural Gas Exploration and/or Petroleum Production Wastes, or (vii) the
erection or construction of any derrick, building, or other structure, or placement or use
of any machinery or equipment, for any such purposes. The above restrictions shall not
be construed to: (a) prevent or prohibit the transmission of Natural Gas or related
hydrocarbons through utility pipes, lines, or related appurtenances for the limited purpose
of supplying utility services to residents of the Town of Danby; (b) prevent or prohibit
the siting or permitting of a Gasoline Service Station or an Automotive and Other
Motorized Vehicle Repair Facility where otherwise allowed under this Zoning Local
Law; or (c) prevent or prohibit the incidental and normal storage or use of reasonable and
customary amounts of Natural Gas and other hydrocarbons in relation to any other use
that is lawful under this Zoning Local Law, such as home heating storage facilities (e.g.,
propane tanks), gasoline pumps and storage tanks, and similar uses that are normally
associated with allowed residential, business, commercial, and Light Industrial uses
permitted pursuant to and under this Zoning Local Law.”
Section 519 - INVALIDITY OF OTHER GOVERNMENTAL
PERMITS. No permit issued by any local, state or federal agency, commission or board
shall be deemed valid within the Town of Danby when such permit purports to allow or
permit a land use or operation that would violate the prohibitions, terms, requirements, or
conditions of this Zoning Local Law.
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ARTICLE VI: ZONE REGULATIONS
Section 600 - HIGH PRIORITY PRESERVATION ZONE. The High Priority
Preservation Zone includes areas where development and subdivision are significantly
restricted to protect the long-term rural character and natural habitat in the Town
1. PRINCIPAL USES PERMITTED BY RIGHT
a. Public utility structures.
b. Customary Agricultural Uses and structures, provided, however, that no
storage of manure or any permanent use of land or buildings producing
offensive odor or dust shall be permitted within 100 feet of any side or rear
property line.
c. Building-Mounted Solar Energy System
1. ACCESSORY USES PERMITTED BY RIGHT Accessory uses must be incidental
and accessory to an allowed principal use.
a. Home occupations provided that there shall be no external evidence of such
activity on the site except a sign denominating such occupation not over ten
square feet in area. Any such sign shall be nonflashing and, if illuminated,
shall be shielded as much as possible from adjacent residences.
b. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants a dwelling on the lot.
c. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
d. Customary farm buildings such as barns, silos, livestock enclosures, storage
buildings and similar structures.
e. Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten-mile radius of the location of the stand.
2. PRINCIPAL USES ONLY PERMITTED BY SITE PLAN REVIEW
a. Single dwelling unit
b. Cemeteries.
c. Private playground, athletic field and group swimming pools.
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d. Tourist homes.
e. Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
f. Cottage industry See: Section 903
3. ACCESSORY USES PERMITTED ONLY BY SITE PLAN REVIEW. Accessory
uses must be incidental and accessory to an allowed principal use.
a. Private garage, workshop, or residential storage building totaling less than
or equal to 1200 square feet per lot. Garages attached to the principal
building are not limited by this section.
b. Home occupations in new building(s) provided that there shall be no
external evidence of such activity on the site except a sign denominating
such occupation not over ten square feet in area. Any such sign shall be
nonflashing and, if illuminated, shall be shielded as much as possible from
adjacent residences.
4. NUMBER OF LOTS ALLOWED
a. On any parcel as it existed on the effective date of this amendment to this
Local Law (December XX, 2021), there shall be permitted no more than
one (1) lot created for every twenty-five (25) acres of land.
b. For purposes of calculating the number of lots allowed, in no case shall the
number of lots allowed exceed the average density that could be obtained
using the required lot area provided in Article VI, Section 600 of the Zoning
Local Law of the Town of Danby.
c. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to this Local Law (December XX, 2021).
Any subsequent owner or owners of any such parcel of land (I.E., THE
PARENT PARCEL) shall be bound by the actions of previous owners in
that such subsequent owner or owners may only create the number of lots
that may remain of the original number allowed under this section.
d. Further subdivision of any parcel created after the effective date of this
amendment to this Local Law (December XX, 2021) shall be prohibited
unless all or part of the remaining subdivision rights of the original
(PARENT) parcel are specifically transferred to the newly created lot.
Written notice of any such transfer shall be submitted as part of the Final
Subdivision Plat, and shall be recorded on the plat.
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5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot
area shall be not less than 25 acres.
6. YARDS. Except as hereinafter provided, minimum yard size shall be:
a. Minimum front yard depth – one hundred feet.
b. Minimum side yard width - one hundred feet.
c. Minimum rear yard depth one hundred feet.
d. Minimum setback between existing homes and primary buildings in new
cluster subdivisions. – one thousand feet
7. SIGNS. In addition to the previously mentioned signs, the following signs shall be
permitted:
a. Signs required by law.
b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the lights
only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which shall not be displayed for more than 30 days in a year.
8. HEIGHT. See Section 511
9. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed one
percent of the Lot Area or one acre, whichever is less.
Section 601 – RURAL 1 ZONE. The purpose of the Rural 1 Zone is to protect parts of
the Town that include more sensitive open space resources including but not limited to
steep slopes, Unique Natural Areas, wetlands, forests, significant contiguous habitat areas
and viewsheds. Any new development in this Zone is intended to be limited. Such
development requires additional review with careful consideration to preserving these
characteristics and features and the long-term rural character and natural habitat of the
Town
1. PRINCIPAL USES PERMITTED BY RIGHT.
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a. Public utility structures.
b. Customary Agricultural Uses and structures, including roadside stands not
exceeding 400 square feet, provided, however, that no storage of manure or
any permanent use of land or buildings producing offensive odor or dust
shall be permitted within 25 feet of any side or rear property line.
3. ACCESSORY USES PERMITTED BY RIGHT. Accessory uses must be
incidental and accessory to an allowed principal use.
a. Home occupations in existing building(s) provided that there shall be no
external evidence of such activity on the site except a sign denominating
such occupation not over ten square feet in area. Any such sign shall be
nonflashing and, if illuminated, shall be shielded as much as possible from
adjacent residences.
c. Private garage, workshop, or residential storage building(s) 400 square feet
or less in total area per lot.
d. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants of a dwelling on the
lot.
e. Building-Mounted Solar Energy System
f. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
g. Customary farm buildings such as barns, silos, livestock enclosures, storage
buildings and similar structures for agricultural use.
h. Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten-mile radius of the location of the stand.
2. PRINCIPAL USES PERMITTED BY SITE PLAN REVIEW ONLY.
a. One dwelling unit.
b. Churches and similar religious institutions.
c. Hospitals.
d. Public schools, parks and playgrounds.
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e. Public library.
f. Nursery schools, group family day care homes, and day care centers.
g. Municipal buildings and structures.
h. Cemeteries.
i. Private playground, athletic field and group swimming pools.
j. Tourist homes.
k. Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
l. Private Airplane Landing Field.
m. Cottage industry See: Section 903
3. PERMITTED ACCESSORY USES BY SITE PLAN REVIEW ONLY. Accessory
uses must be incidental and accessory to an allowed principal use.
a. Private garage, workshop, or residential storage building(s) totaling more
than 400 square feet but less than or equal to 1200 square feet per lot.
Garages attached to the principal building are not limited by this section.
b. Home occupations in new building(s) provided that there shall be no
external evidence of such activity on the site except a sign denominating
such occupation not over ten square feet in area. Any such sign shall be
nonflashing and, if illuminated, shall be shielded as much as possible from
adjacent residences.
4. NUMBER OF LOTS ALLOWED
a. On any parcel as it existed on the effective date of this amendment to this
Local Law (December xx, 2021), there shall be permitted no more than one
(1) lot created for every ten (10) acres of land.
b. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to this Local Law (December xx, 2021).
Any subsequent owner or owners of any such parcel of land (I.E., THE
PARENT PARCEL) shall be bound by the actions of previous owners in
that such subsequent owner or owners may only create the number of lots
that may remain of the original number allowed under this section.
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c. Further subdivision of any parcel created after the effective date of this
amendment to this Local Law (December xx, 2021) shall be prohibited
unless all or part of the remaining subdivision rights of the original
(PARENT) parcel are specifically transferred to the newly created lot.
Written notice of any such transfer shall be submitted as part of the Final
Subdivision Plat, and shall be recorded on the plat.
5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot
area shall be not less than ten acres and a lot depth of not less than eight hundred
feet
6. YARDS. Except as hereinafter provided, minimum yard size shall be:
a. Minimum front yard depth – twenty feet.
b. Minimum side yard width - fifty feet.
d. Minimum rear yard depth - fifty feet.
e. Minimum setback between existing homes and primary buildings in new
cluster subdivisions. - 600 feet.
7. SIGNS. In addition to the previously mentioned signs, the following signs shall be
permitted:
a. Signs required by law.
b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the lights
only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which shall not be displayed for more than 30 days in a year.
8. HEIGHT. See Section 511
9. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed twenty-
five percent of the Lot Area or one acre, whichever is smaller.
10. USES PERMITTED BY SPECIAL PERMIT ONLY:
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a. Solar Energy Facility, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR
ENERGY FACILITIES
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
Section 602 – RURAL 2 ZONE.
The purpose of the Rural 2 Zone is to protect parts of the Town where agriculture, open
space, forests, and natural habitat are the preferred uses and where the orderly development
of large lot residential and some commercial uses is considered to be reasonable and in
keeping with the rural character of the area.
1. PRINCIPAL USES PERMITTED BY RIGHT.
a. One dwelling unit, or one building with two dwelling units.
b. Public utility structures.
c. Customary Agricultural Uses and structures, including roadside stands not
exceeding 400 square feet, provided, however, that no storage of manure or
any permanent use of land or buildings producing offensive odor or dust
shall be permitted within 25 feet of any side or rear property line.
2. ACCESSORY USES PERMITTED BY RIGHT.
a. Private garage, workshop, or residential storage building(s) totaling less
than or equal to 1200 square feet per lot. Garages attached to the principal
building are not limited by this section.
b. Home occupations provided that there shall be no external evidence of such
activity on the site except a sign denominating such occupation not over ten
square feet in area. Any such sign shall be nonflashing and, if illuminated,
shall be shielded as much as possible from adjacent residences.
d. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants of a dwelling on the
lot.
e. Building-Mounted Solar Energy System
f. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
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g. Customary farm buildings such as barns, silos, livestock enclosures, storage
buildings and similar structures.
h. Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten-mile radius of the location of the stand.
3. PRINCIPAL USES ONLY PERMITTED BY SITE PLAN REVIEW.
a. Churches and similar religious institutions.
b. Hospitals.
c. Public schools, parks and playgrounds.
d. Public library.
e. Nursery schools, group family day care homes, and day care centers.
f. Municipal buildings and structures.
g. Cemeteries.
h. Private playground, athletic field and group swimming pools.
i. Tourist homes.
j. Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
k. Private Airplane Landing Field.
l. Replacement of a preexisting singlewide mobile home which is the second
dwelling on a lot, with a newer manufactured home.
n. Cottage industry See: Section 903
o. Multi-unit dwelling permitted using development rights through cluster
subdivision process.
4. NUMBER OF LOTS ALLOWED
a. On any parcel as it existed on the effective date of this amendment to this
Local Law (December xx, 2021), there shall be permitted no more than one
(1) lot created for every ten (10) acres of land.
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b. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to this Local Law (December xx, 2021).
Any subsequent owner or owners of any such parcel of land (I.E., THE
PARENT PARCEL) shall be bound by the actions of previous owners in
that such subsequent owner or owners may only create the number of lots
that may remain of the original number allowed under this section.
c. Further subdivision of any parcel created after the effective date of this
amendment to this Local Law (December xx, 2021) shall be prohibited
unless all or part of the remaining subdivision rights of the original
(PARENT) parcel are specifically transferred to the newly created lot.
Written notice of any such transfer shall be submitted as part of the Final
Subdivision Plat, and shall be recorded on the plat.
5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot
area shall be not less than ten acres and a lot depth of not less than six hundred feet.
6. YARDS. Except as hereinafter provided, minimum yard size shall be:
a. Minimum front yard depth - twenty feet.
b. Minimum side yard width - fifty feet.
c. Minimum rear yard depth - fifty feet.
d. Minimum setback between existing homes and primary buildings in new
cluster subdivisions. – 300 feet
7. SIGNS. In addition to the previously mentioned signs, the following signs shall be
permitted:
a. Signs required by law.
b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the lights
only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which are displayed for 30 days or less.
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8. HEIGHT. See Section 511
9. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed twenty-
five percent of the Lot Area, or one acre, whichever is smaller.
10. USES PERMITTED BY SITE PLAN REVIEW ONLY:
a. Solar Energy Facility, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR
ENERGY FACILITIES
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
Section 603 - LOW DENSITY RESIDENTIAL ZONE. The purpose of the Low Density
Residential Zone is to provide an area of limited development where it is deemed most
desirable in the Town 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.
1. PRINCIPAL USES PERMITTED BY RIGHT
a. One dwelling unit or one building with up to two dwelling units.
b. Public utility structures.
c. Customary Agricultural Uses and structures, including roadside stands not
exceeding 400 square feet, provided, however, that no storage of manure or
any permanent use of land or buildings producing offensive odor or dust
shall be permitted within 25 feet of any side or rear property line.
2. ACCESSORY USES PERMITTED BY RIGHT.
a. Private garage, workshop, or residential storage building(s) totaling less
than or equal to 1200 square feet per lot. Garages attached to the principal
building are not limited by this section.
b. Home occupations provided that there shall be no external evidence of such
activity on the site except a sign denominating such occupation not over ten
square feet in area. Any such sign shall be nonflashing and, if illuminated,
shall be shielded as much as possible from adjacent residences.
c. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants of a dwelling on the
lot.
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d. Building-Mounted Solar Energy System
e. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
f. Customary farm buildings such as barns, silos, livestock enclosures, storage
buildings and similar structures.
g. Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten-mile radius of the location of the stand.
3. USES PERMITTED BY SITE PLAN REVIEW ONLY.
a. Churches and similar religious institutions.
b. Hospitals.
c. Public schools, parks and playgrounds.
d. Public library.
e. Nursery schools, group family day care homes, and day care centers.
f. Municipal buildings and structures.
g. Cemeteries.
h. Private playground, athletic field and group swimming pools.
i. Tourist homes.
j. Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
k. Private Airplane Landing Field.
l. Replacement of a preexisting singlewide mobile home which is the second
dwelling on a lot, with a newer manufactured home.
m. Installation of a second dwelling unit on a lot in a separate building for
temporary or permanent occupancy.
n. Cottage industry See: Section 903
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4. NUMBER OF LOTS ALLOWED
a. On any parcel as it existed on the effective date of this amendment to this
Local Law (June 20, 2005), there shall be permitted no more than one (1)
lot created for every five (5) acres of land or per 200 feet of road frontage
whichever results in the greater number of lots.
b. For purposes of calculating the number of lots allowed, in no case shall the
number of lots allowed exceed the average density that could be obtained
using the required lot area provided in Article VI, Section 603 of the Zoning
Local Law of the Town of Danby.
c. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to the Zoning Ordinance (June 20, 2005).
Any subsequent owner or owners of any such parcel of land (I.E., THE
PARENT PARCEL) shall be bound by the actions of previous owners in
that such subsequent owner or owners may only create the number of lots
that may remain of the original number allowed under this section.
d. Further subdivision of any parcel created after the effective date of this
amendment to the ordinance (June 20, 2005) shall be prohibited unless all
or part of the remaining subdivision rights of the original (PARENT) parcel
are specifically transferred to the newly created lot. Written notice of any
such transfer shall be submitted as part of the Final Subdivision Plat, and
shall be recorded on the plat.
5. REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, 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
6. YARDS. Except as hereinafter provided, minimum yard size shall be:
a. Minimum front yard depth - fifty feet.
b. Minimum side yard width - fifty feet.
c. Minimum rear yard depth - seventy-five feet
d. Minimum setback between existing homes and primary buildings in new
cluster subdivisions. – 200 feet
7. SIGNS. In addition to the previously mentioned signs, the following signs shall be
permitted:
a. Signs required by law.
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b. Official signs of any governmental agency.
c. Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
sign shall have the lights shielded as much as practicable to direct the lights
only at the signs.
d. Temporary signs which shall not be more than fifteen square feet in area
and which are displayed for 30 days or less.
8. HEIGHT. See Section 511.
9. IMPERVIOUS AREA. The maximum Impervious Area shall not exceed twenty-
five percent of the Lot Area, or one acre, whichever is smaller.
10. USES PERMITTED BY SITE PLAN REVIEW ONLY:
a. Solar Energy Facility, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR
ENERGY FACILITIES
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
Section 604 HAMLET NEIGHBORHOOD ZONE – The Hamlet Neighborhood Zone
is intended to allow the development of a predominantly residential neighborhood
adjacent to the Hamlet Core. The Hamlet Neighborhood Zone encourages a mix of
housing types and lot sizes with the goal of building out a neighborhood where people of
all ages can safely walk and where there are housing options for all incomes and
household types.
1. Lot Size – There will be no minimum lot size in the Hamlet Neighborhood Zone
except that all subdivisions and building permit applications must have a plan approved
by the Tompkins County Health Department for the provision of water and waste-water.
Lots are encouraged to be as small as possible to efficiently use limited land in the
Hamlet.
2. PRINCIPAL USES PERMITTED BY RIGHT
In the HN—Hamlet Neighborhood, no building or structure shall be erected, altered or
extended, and no land or building thereon shall be used for any purpose or purposes other
than the following:
a. Residential use with 1-4 dwelling units and customary accessory structures.
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b. Agriculture
3. ACCESSORY USES PERMITTED BY RIGHT.
Such necessary uses as are customarily incidental to permitted principal uses:
a. Accessory structure related to business use (dumpster enclosure, storage for
business use up to 400sqft, covered bicycle parking, covered seating area, etc.).
b. Bed-and-breakfast establishments.
c. Family child care.
d. Family adult care.
e. Home occupations.
f. Professional offices, where such office is part of the residence property and no
more than five persons not residing on the premises are employed.
g. Vehicle parking. Parking is not permitted between the facade of a principal
building and the street; all parking must be located to the side or preferably
behind principal buildings. For parcels with multiple principal buildings parking
lots should be on the interior of the lot and should be buffered from the street by
street facing buildings.
h. Agriculture
4. PRINCIPAL USES PERMITTED ONLY BY SITE PLAN APPROVAL.
The following uses are allowed upon approval of a site plan by the Planning Board
subject to adopted design guidelines.
a. Community centers.
b. Child-care centers, group child care.
c. Fire stations and other public buildings necessary for the protection or servicing
of a neighborhood.
d. Libraries, museums.
e. Multiple-dwelling unit Residential 5+ units
f. Public and private schools, nursery schools and institutions of higher education.
g. Public and privately owned but publicly accessible community parks and
preserves.
h. Residential care/assisted living/rehabilitation facilities.
5. PRINCIPAL USES PERMITTED ONLY BY SITE PLAN APPROVAL AND
ONLY ALLOWED ON CORNER LOTS.
a. Churches, mosques, synagogues, temples and other places of worship, convents,
rectories, parish houses.
b. Restaurants, bars and other places for serving food and beverages, and provided
that there is no drive-through window.
c. Repair Shop, Personal services, Cottage industry See: Section 903 provided the
establishment does not exceed 3,000 gross square feet in floor area, with the
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exception of basement storage areas
d. Retail use, provided the establishment does not exceed 3,000 gross square feet in
floor area, with the exception of basement storage areas, and provided that there is
no drive-through window.
6. Setbacks –
Front Yard – Minimum 10ft and 20ft Maximum measured from top of roadside ditch or
the road edge in cases where there is not a ditch. The Planning Board may grant a waiver
from the 20ft maximum during site plan review to enable amenities that improve the
hamlet (including courtyards, gardens, greens, plazas, but not including parking lots or
un-programed lawn). The Planning Board should consider the impact on the form of the
Hamlet and the need for a stronger street wall in creating a public realm in the review of
deeper front yard setbacks.
Side Yard – 10ft minimum.
Rear Yard – 60ft minimum
7. Multiple Primary Uses and Buildings
Lots in the Hamlet Neighborhood Zone are allowed to have multiple buildings with a mix
of allowed principal uses.
8. Form requirements.
a. All principal buildings must include a principal entrance facing the street or, if on a side
wall, located near the front of the building and making use of architectural elements,
walks, and landscaping that indicate a prominent pedestrian access and providing a
human scale face to the building from the street. Alternatively, the planning board may
grant a waiver during Site Plan Review for entrances facing a publicly accessible green-
space, plaza, or pedestrian pathway (conventional parking lots will not be considered as
an alternative). Generally, lots with multiple principal buildings should have buildings
along the street that provide street facing entries while other buildings may face interior
lot features as described above.
a. Primary entrances must be architecturally detailed incorporating a porch, stoop, or
lightwell for single-dwelling unit homes and porch, stoop, lightwell, canopy, awning or
marquis entries for all other principal buildings.
b. New buildings and any new lots should be designed so that buildings fill a minimum of
40% of the lot width in the Hamlet Neighborhood.
c. Buildings including commercial uses must include transparent windows with a view to
the building interior covering least 50% of any street facing facade area between 3 feet
and 8 feet above grade.
d. New multi-unit residential and non-residential buildings on lots larger than 10,000 square
feet must include at least one entry facing the street for every 60 feet of frontage. In the
event that this is not possible due to lot size relative to building size, the site design
should include the possibility of future infill consistent with this standard.
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e. New principal buildings must include either peaked roof of at least 8/12 pitch,
architectural brackets at least every 4’ supporting a roof of less than 8/12 pitch, a Greek-
Revival full entablature with dental molding, cornice and other period correct details, or
an architectural cornice facing the street.
f. New buildings may not have blank walls longer than 30 feet facing any street between 3
feet and 8 feet above grade.
g. Corner lots are required to have a building as close to the corner as practical, with the
principal entrance facing one or both streets.
h. Height - See Section 511
9. Architecture requirements.
All new buildings over 1500sqft in the Hamlet Neighborhood Zone (including residential
buildings) must comply with the Building Design section of the Town of Danby Commercial
Design Guidelines. There is no architectural design review for buildings less than 1500sqft,
however the Town Planner is available for consultation on design that will be a long-term asset to
the neighborhood. Architectural review with the Town Planner will accelerate Planning Board
review and allow application placement at the beginning of Planning Board Agendas.
10. Landscaping requirements.
a. All new buildings, or renovations of over 50% of the building value, must have an
average of 1 front yard tree for every 30ft of road frontage. Trees installed to meet this
requirement must be at least 3” DBH at time of installation and must be maintained in
good health. Planting is exempt when existing above or below grade utilities prevent
planting of front yard trees, or if the existing design of the street and buildings will not
accommodate tree planting in the front yard.
b. Any tree of 8” DBH or more that is removed must be replaced with 2 trees with a 2” or
greater DBH, replacement trees can be installed on site or on publicly owned or
accessible park land in a location approved by the Planning Board.
c. If there are fewer than 8 required trees, they may all be the same species. If there are
between 8 and 24 required trees, no more than 40 percent can be of one species. If there
are more than 24 required trees, no more than 24 percent can be of one species.
d. To the maximum extent possible, stormwater treatment should include Low Impact
Development (LID) practices and should feature the movement of water on the site, and
maximize retention and infiltration as a component of the site design rather than hiding
stormwater in pipes.
e. In new developments of 10 or more residential units, installation and maintenance of
trees in the rear yard is required with the same minimum frequency as required for trees
in the front yard.
11. Signs. In the Hamlet Neighborhood Zone the following signs are permitted:
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a. Any sign required by law;
b. Official signs required by a governmental agency or utility, provided such sign
does not exceed 24 square feet in area;
c. A maximum of one under-awning sign of 4 (four) square feet is permitted per
establishment with a ground-floor main entrance. An under-awning sign must be
securely fixed to the underside of the awning with metal attachments, may not
project beyond the awning, and may not be illuminated.
d. A maximum of one porch sign is permitted per establishment per right-of-way
frontage, and is limited to 8 (eight) square feet in sign area.
e. A maximum of one wall sign is permitted per establishment per right-of-way
frontage, and is limited to 80% of the facade width and projection from wall is
limited to 2 (two) feet.
f. No wall sign may extend above the window sills of the second story, unless the
establishment extends to the second story or above. No portion of a wall sign may
extend above the roofline or parapet wall, or, in the case of a wall sign attached to
an appurtenance, the highest point of the appurtenance.
g. Window signs that cover less than 10% of the window area.
h. Temporary signs which shall not be more than fifteen square feet in area and
which are displayed for 30 days or less.
Section 605 HAMLET CENTER ZONE – The Hamlet Center Zone is intended
to allow the incremental infill and extension of the Hamlet Core as a walkable, mixed-
use, neighborhood center where local business is supported and new development creates
a sense of community.
1. Lot Size – There will be no minimum lot size in the Hamlet Center Zone except that
all subdivisions must have a plan approved by the Tompkins County Health Department
for the provision of water and waste-water.
2. Permitted uses.
In the HC—Hamlet Center, no building or structure shall be erected, altered or extended,
and no land or building thereof shall be used for any purpose or purposes other than the
following:
a. Residential use with 1-4 dwelling units and customary accessory structures.
b. Retail use, provided the establishment does not exceed 2,000 gross square feet
in floor area, with the exception of basement storage areas, and provided that
there is no drive-through window and design guidelines are followed.
3. Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
a. Accessory building for business.
b. Bed-and-breakfast establishments.
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c. Family child care.
d. Family adult care.
e. Home occupations.
f. Off-street loading areas.
g. Professional offices, where such office is part of a residence and no more than
five persons not residing on the premises are employed.
h. Vehicle parking. Parking is not permitted between the facade of a principal
building and the street except in the case of on-street parallel, or on-street angled
parking; all parking lots must be located to the side or preferably behind principal
buildings.
4. Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board
subject to adopted design guidelines.
a. Adult care centers.
b. Adult group care.
c. Banks and other financial institutions, provided that there is no drive-through
window.
d. Child-care centers, group child care.
e. Churches, mosques, synagogues, temples and other places of worship,
convents, rectories, parish houses.
f. Clinics.
g. Community centers.
h. Fire stations and other public buildings necessary for the protection or
servicing of a neighborhood.
i. Clubhouse, hall, post, temple and other facilities associated with the activities
of social organizations, except that the on-premises sale of alcoholic beverages is
prohibited.
j. Funeral homes.
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k. Gasoline and other retail vehicle fuel sales, subject to design guidelines and
subject to the requirement that no gasoline or other retail vehicle fuel sales
business locate within 1 mile of any existing gasoline or other retail vehicle fuel
sales business.
l. Inn.
m. Libraries, museums.
n. Life-care facilities.
o. Multiple-unit Residential 5+ units
p. Outdoor dining facilities, excluding any permanent structures within any
required setback areas.
q. Places of amusement, such as theatres, including bowling alleys, game
arcades, and skating rinks.
r. Professional offices.
s. Public and private schools, nursery schools and institutions of higher
education.
t. Public and private community parks and preserves.
u. Residential care/assisted living/rehabilitation facilities.
v. Restaurants, bars and other places for serving food and beverages, and provided
that there is no drive-through window.
w. Repair Shop, Personal services, Cottage industry See: Section 903 provided the
establishment does not exceed 6,000 gross square feet in floor area, with the
exception of basement storage areas
x. Retail use, provided the establishment does not exceed 6,000 gross square feet
in floor area, with the exception of basement storage areas, and provided that
there is no drive-through window.
4. Setbacks –
a. Front Yard – Minimum 10ft and 20ft Maximum measured from top of roadside
ditch farthest from the road or the edge of pavement in cases where there is not a
ditch. Front yards may be deeper to accommodate amenities that improve the
hamlet (including courtyards, gardens, greens, plazas, but not including parking
lots or un-programed lawn) with the approval of the Planning Board. The
Planning Board should consider the impact on the form of the Hamlet and the
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need for a stronger street wall in creating a public realm in their review of deeper
front yard setbacks.
b. Side Yard – 10ft minimum.
c. Rear Yard – 30ft minimum
5. Multiple Principal Uses and Buildings
Lots in the Hamlet Center Zone are allowed to have multiple buildings with a mix of
allowed principal uses.
6. Form requirements.
The following form requirements apply to all new buildings in this zone, existing
buildings should not be modified in ways that increase non-conformity with these
requirements.
a. All principal buildings must include a principal entrance facing the street or, if on
a side wall, located near the front of the building and making use of architectural
elements, walks, and landscaping that indicate a prominent pedestrian access and
providing a human scale face to the building from the street. Alternatively, the
planning board may grant a waiver during Site Plan Review for entrances facing a
publicly accessible green-space, plaza, or pedestrian pathway (conventional
parking lots will not be considered as an alternative). Generally, lots with multiple
principal buildings should have buildings along the street that provide street
facing entries while other buildings may face interior lot features as described
above.
b. Primary entrances must be architecturally detailed incorporating a porch, stoop, or
lightwell for single-dwelling unit homes and porch, stoop, lightwell, canopy,
awning or marquis entries for all other principal buildings.
c. New buildings and any new lots should be designed so that buildings can fill a
minimum of 60% of the lot width when fully built out in the Hamlet Center.
d. New buildings including commercial uses must include transparent windows with
a view to the building interior covering least 50% of any street facing facade area
between 3 feet and 8 feet above grade.
e. New multi-unit residential and non-residential buildings on lots larger than 10,000
square feet must include at least one entry facing the street for every 60 feet of
frontage. In the event that this is not possible due to lot size relative to building
size, the site design should include the possibility of future infill consistent with
this standard.
f. New buildings must include either peaked roofs, architectural brackets supporting
a flat roof or an architectural cornice facing the street.
g. New buildings may not have blank walls longer than 30 feet facing any street
between 3 feet and 8 feet above grade.
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h. New buildings on corner lots must be sited as close to the corner as practical.
i. Height - See Section 511
7. Landscaping requirements.
a. All new buildings or renovations of over 50% of the building value must have an
average of 1 front yard tree for every 30ft of road frontage. Trees installed to meet
this requirement must be at least 3” DBH at time of installation and must be
maintained in good health. Planting is exempt when existing above or below grade
utilities prevent planting of street trees, or if the existing design of the street will
not accommodate street tree planting
b. Any tree of 8” DBH or more that is removed must be replaced with 2 trees with a
2” or greater DBH, replacement trees can be installed on site or on publicly owned
or accessible park land in a location approved by the Planning Board.
c. If there are fewer than 8 required trees, they may all be the same species. If there
are between 8 and 24 required trees, no more than 40 percent can be of one
species. If there are more than 24 required trees, no more than 24 percent can be of
one species.
d. To the maximum extent possible, stormwater treatment should include Low Impact
Development (LID) practices and should feature the movement of water on the
site, and maximize retention and infiltration as a component of the site design
rather than hiding stormwater in pipes.
8. Signs in the Hamlet Center Zone. In the HC—Hamlet Center Zone the following
signs are permitted:
a. Any sign required by law;
b. Official signs required by a governmental agency or utility, provided such sign
does not exceed 24 square feet in area;
c. A maximum of one under-awning sign of 4 (four) square feet is permitted per
establishment with a ground-floor main entrance. An under-awning sign must be
securely fixed to the underside of the awning with metal attachments, may not
project beyond the awning, and may not be illuminated.
d. A maximum of one porch sign is permitted per establishment per right-of-way
frontage, and is limited to 8 (eight) square feet in sign area.
e. A maximum of one wall sign is permitted per establishment per right-of-way
frontage, and is limited to 80% of the facade width and projection from wall is
limited to 2 (two) feet.
f. No wall sign may extend above the window sills of the second story, unless the
establishment extends to the second story or above. No portion of a wall sign may
extend above the roofline or parapet wall, or, in the case of a wall sign attached to
an appurtenance, the highest point of the appurtenance.
g. Window signs that cover less than 10% of the window area.
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h. Temporary signs which shall not be more than fifteen square feet in area and
which are displayed for 30 days or less.
Section 606 – COMMERCIAL ZONES. The purpose of establishing the commercial
zones and the following regulations is to establish certain areas where retail business and
other commercial uses of land will be encouraged and to establish standards by which
development in these areas shall occur.
2. COMMERCIAL ZONE "A".
a. PURPOSE. The purpose of establishing a Commercial Zone "A" is to
provide an area, usually adjacent to a residential zone, where commercial
activities involving a low impact in respect to traffic, noise, intensity of use,
and low overall impact on the neighborhood will be permitted.
b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "A". All
permitted principal uses that are explicitly permitted in Low Density
Residential Zones without requiring SITE PLAN REVIEW are explicitly
permitted in a Commercial Zone "A".
c. PERMITTED USES IN A COMMERCIAL ZONE "A" UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted upon
approval of the site plan by the Planning Board:
i) Retail food store not larger than 10,000 square feet of building area.
(Retail food store does not include restaurants.)
ii) Business offices or professional offices.
iii) Bank or other financial institution.
iv) Book store not larger than 5,000 square feet.
v) Drug store not larger than 5,000 square feet.
vi) Hardware store not larger than 5,000 square feet.
vii) Retail service store such as a barber shop, beauty parlor, florist shop,
tailor shop, and any other similar retail store, all of which shall be
not larger than 5,000 square feet of building area.
viii) Horticultural nurseries.
ix) Large-Scale Solar Energy System, subject to the provisions of
Article VII: Special Regulations, § 714 – SOLAR ENERGY
SYSTEMS
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x) Gasoline service station.
xi) Public schools.
xii) Child nursery or day care centers, and private schools including
commercially oriented schools such as dancing, art, and business
schools.
xiii) Churches and similar religious institutions.
xiv) Community centers.
xv) Tourist homes containing no more than ten beds.
xvi) Package liquor store not larger than 5,000 square feet.
xvii) Cottage industry See: Section 903
xviii) Cottage industry See: Section 903 with accessory wholesale or retail
sales of products produced at the cottage industry and similar
products produced off-site, with or without outside display on the
premises of any such products, in accordance with the provisions
contained elsewhere in this Zoning Local Law.
xix) Residential use with more than 2 dwelling units on a lot.
3. COMMERCIAL ZONE "B".
a. PURPOSE. The purpose of establishing a Commercial Zone "B" is to
provide an area where commercial activities involving a moderate impact,
including moderate traffic, noise, and similar impacts, to a neighborhood
will be permitted.
b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "B". All
permitted principal uses that are explicitly permitted in a Commercial Zone
"A" without site plan approval are permitted in a Commercial Zone "B".
c. PERMITTED USES IN A COMMERCIAL ZONE "B" UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted upon
approval of the site plan by the Planning Board:
i) Any of the uses permitted upon approval of the site plan in
Commercial Zone "A".
ii) Retail food stores with more than 10,000 square feet of building