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DRAFT Zoning
OrdinanceLaw UPDATE
Town of Danby, New York
Presented to the Town Board
of the
Town of Danby
November 16thDecember 1st, 2021
DRAFT Zoning Ordinance UPDATE 12-1-21
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Table of Contents –
ARTICLE I: TITLE ........................................................................................................... 8
ARTICLE II: PURPOSE ................................................................................................... 8
Section 200 - PURPOSE ................................................................................................. 8
ARTICLE III: DEFINITIONS ........................................................................................... 8
Section 300 - INTERPRETATION ................................................................................ 8
Section 301 - DEFINED TERMS ................................................................................... 8
ARTICLE IV: ESTABLISHMENT OF ZONES .............................................................. 8
Section 400 - ZONES ..................................................................................................... 8
Section 401 - MAP ......................................................................................................... 9
Section 402 - ZONE BOUNDARIES ............................................................................. 9
ARTICLE V: GENERAL PROVISIONS ....................................................................... 10
Section 500 - APPLICATION ...................................................................................... 10
Section 501 - USE AND OCCUPANCY ..................................................................... 10
Section 502 - LIMITATION OF UNITS ...................................................................... 10
Section 503 - BUILDING FLOOR AREA ................................................................... 10
Section 504 - CREATION OF SUBSIZE LOT ............................................................ 10
Section 505 - PRE-EXISTING LOTS .......................................................................... 10
Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL ....... 10
Section 507 - BUILDING CODE COMPLIANCE ...................................................... 11
Section 508 - PORCHES AND CARPORTS. .............................................................. 11
Section 509 - FENCES AND WALLS ......................................................................... 11
Section 510 - YARDS ................................................................................................... 11
Section 511 - ................................................................................................................. 12
Section 512 - ACCESSORY BUILDINGS. ................................................................. 12
Section 513 - SIGNS AND BILLBOARDS ................................................................. 12
Section 514 - PROHIBITED USES .............................................................................. 13
Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS ............................................................................ 13
Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC .............................. 13
Section 517 - STORMWATER REQUIREMENTS .................................................... 14
Section [2-13] 518 [2-13] - PROHIBITION AGAINST THE EXPLORATION FOR
OR EXTRACTION OF NATURAL GAS AND/OR PETROLEUM .............. 14
Section [2-13] 519 [2-13] - INVALIDITY OF OTHER GOVERNMENTAL
PERMITS. ......................................................................................................... 15
ARTICLE VI: ZONE REGULATIONS .......................................................................... 15
Section 600 - HIGH PRIORITY PRESERVATION ZONE ........................................ 15
Section 601 – RURAL 1 ZONE ................................................................................... 18
Section 602 – RURAL 2 ZONE ................................................................................... 22
Section 603 - LOW DENSITY RESIDENTIAL ZONE .............................................. 25
Section 604 Hamlet Neighborhood Zone – .................................................................. 29
Section 605 - PLANNED DEVELOPMENT ZONES ................................................. 37
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Section 606 - MOBILE HOME PARK ZONE ............................................................. 43
Section 607 Aquifer High Vulnerability Overlay Zone – The purpose ........................ 46
Section 608 Riparian Buffer Overlay Zone – The purpose .......................................... 49
Section 609 Habitat Corridor Overlay Zone – The purpose ......................................... 50
Section 610 Agricultural Support Small Scale Commercial & Light Industry Floating
Zone – The purpose .......................................................................................... 51
ARTICLE VII: SPECIAL REGULATIONS ................................................................... 52
Section 700 - APPLICATION ...................................................................................... 52
Section 702 - ENCLOSURE OF EXCAVATION SITES ............................................ 52
Section 703 - ABANDONMENT OF QUARRIES, ETC ............................................ 52
Section 704 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES .......... 53
Section 705 - JUNK YARDS ....................................................................................... 53
Section 706 - OFF-STREET PARKING ...................................................................... 53
Section 707 - MOBILE HOMES AND MOBILE HOME PARKS ............................. 54
Section 708 - [3-11] LIGHT INDUSTRIAL ESTABLISHMENTS ............................ 57
Section 709 - FLOOD HAZARD PROTECTION ....................................................... 57
Section 710 - WIRELESS COMMUNICATION FACILITIES .................................. 57
Section 711 - ADULT ENTERTAINMENT BUSINESSES. ...................................... 57
Section 712 - STORMWATER REQUIREMENTS .................................................... 58
Section 713 - GROUNDWATER PROTECTION REQUIREMENTS ....................... 58
Section 714 - SOLAR ENERGY SYSTEMS ............................................................... 64
ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL PROCEDURES. .............. 67
Section 800 - APPLICATIONS FOR REZONING ..................................................... 67
Section 801 - SITE PLANS REQUIRED FOR SITE PLAN REVIEW ....................... 69
Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE
PLANS .............................................................................................................. 70
Section 803 - WAIVER OF REQUIREMENTS RELATED TO SITE PLAN ............ 72
Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE
PLANS .............................................................................................................. 72
Section 805 - GENERAL CONSIDERATIONS .......................................................... 73
Section 806 - OTHER PROVISIONS REGARDING SITE PLANS ........................... 75
Section 807 - FAILURE OF TIMELY ACTION BY TOWN BOARD OR
PLANNING BOARD ....................................................................................... 76
Section 808 - SOLAR ENERGY FACILITY ............................................................... 76
ARTICLE IX: SPECIAL PERMITS ............................................................................... 79
Section 900 - GENERAL PROVISIONS ..................................................................... 79
Section 901 - GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL
PERMITS AND SITE PLAN REVIEW .......................................................... 80
Section 902 - MISCELLANEOUS CONSIDERATIONS FOR SPECIAL PERMITS
AND SITE PLAN REVIEW ............................................................................ 81
Section 903 - ADDITIONAL SITE PLAN REVIEW CONSIDERATIONS FOR
COTTAGE INDUSTRY ................................................................................... 81
Section 904 - PROCEDURE FOR SPECIAL PERMITS ............................................ 82
Section 905 - FLOOD HAZARD AREAS ................................................................... 83
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Section 906- ENVIRONMENTAL REVIEW .............................................................. 83
ARTICLE X: NON-CONFORMING USES. .................................................................. 83
Section 1000 - NONCONFORMING LOTS OF RECORD ........................................ 83
Section 1001 - NONCONFORMING USES OF LAND .............................................. 83
Section 1002 - NONCONFORMING STRUCTURES ................................................ 84
Section 1003 - NONCONFORMING USES OF STRUCTURES ............................... 84
Section 1004 - CONTINUATION OR RESUMPTION OF FARM USES ................. 85
Section 1005 - CONTINUATION OF CONSTRUCTION .......................................... 85
Section 1006 - ALTERATIONS IN USE ..................................................................... 85
Section 1007 - RESTORATION .................................................................................. 86
Section 1008 - BOARD OF APPEALS DETERMINATION ...................................... 86
Section 1009 - STORMWATER REQUIREMENTS .................................................. 86
ARTICLE XI: ADMINISTRATION ............................................................................... 86
Section 1100 – ENFORCEMENT ................................................................................ 86
Section 1101 [2-11] BUILDING PERMIT, CERTIFICATE OF OCCUPANCY,
TEMPORARY CERTIFICATE, CERTIFICATE OF COMPLIANCE,
OPERATING PERMIT .................................................................................... 87
Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE HOMES . 87
Section 1103 - BOARD OF APPEALS ........................................................................ 88
Section 1104 - VARIANCES ....................................................................................... 89
Section 1105 – PLANNING BOARD .......................................................................... 90
Section 1106 - VIOLATIONS AND PENALTIES ...................................................... 93
ARTICLE XII: AMENDMENTS. ................................................................................... 93
Section 1200 - AUTHORITY TO AMEND ................................................................. 93
ARTICLE XIII: MISCELLANEOUS. ............................................................................ 94
Section 1300 - INTERPRETATION OF ORDINANCE ............................................. 94
Section 1301 - VALIDITY ........................................................................................... 94
Section 1302 - EXISTING ZONING ORDINANCE AMENDED, RE-ADOPTED
AND RE-ENACTED ........................................................................................ 94
Section 1303 - EFFECTIVE DATE ............................................................................. 94
ARTICLE XIV: TRANSFER OF DEVELOPMENT RIGHTS ...................................... 94
Section 1400 – AUTHORITY ...................................................................................... 94
Section 1401 – PURPOSE ............................................................................................ 94
Section 1402 – TRANSFER OF DEVELOPMENT RIGHTS MAP ........................... 95
Section 1403 – PROCEDURE FOR DESIGNATING SENDING AND RECEIVING
DISTRICTS ...................................................................................................... 95
Section 1404 – DESIGNATION OF RECEIVING DISTRICTS ................................ 95
Section 1405 – PROCEDURES FOR SELLING OF DEVELOPMENT RIGHTS AND
CONVERSION TO PRESERVATION CREDITS .......................................... 95
Section 1406 – ALLOCATION OF PRESERVATION CREDITS ............................. 96
Section 1407 APPLICATION OF PRESERVATION CREDITS ............................... 97
Section 1408 – ADMINISTRATION ........................................................................... 97
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ARTICLE XV: CLUSTER SUBDIVISION AND CLUSTER OF DEVELOPMENT
RIGHTS ............................................................................................................................ 98
Section 1500 – PURPOSE ............................................................................................ 98
ARTICLE I: TITLE ........................................................................................................... 8
ARTICLE II: PURPOSE ................................................................................................... 8
Section 200 - PURPOSE ................................................................................................. 8
ARTICLE III: DEFINITIONS ........................................................................................... 8
Section 300 - INTERPRETATION ................................................................................ 8
Section 301 - DEFINED TERMS ................................................................................... 8
ARTICLE IV: ESTABLISHMENT OF ZONES .............................................................. 8
Section 400 - ZONES ..................................................................................................... 8
Section 401 - MAP ......................................................................................................... 9
Section 402 - ZONE BOUNDARIES ............................................................................. 9
ARTICLE V: GENERAL PROVISIONS ....................................................................... 10
Section 500 - APPLICATION ...................................................................................... 10
Section 501 - USE AND OCCUPANCY ..................................................................... 10
Section 502 - LIMITATION OF UNITS ...................................................................... 10
Section 503 - BUILDING FLOOR AREA ................................................................... 10
Section 504 - CREATION OF SUBSIZE LOT ............................................................ 10
Section 505 - PRE-EXISTING LOTS .......................................................................... 10
Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL ....... 10
Section 507 - BUILDING CODE COMPLIANCE ...................................................... 11
Section 508 - PORCHES AND CARPORTS. .............................................................. 11
Section 509 - FENCES AND WALLS ......................................................................... 11
Section 510 - YARDS ................................................................................................... 11
Section 511 - ................................................................................................................. 12
Section 512 - ACCESSORY BUILDINGS. ................................................................. 12
Section 513 - SIGNS AND BILLBOARDS ................................................................. 12
Section 514 - PROHIBITED USES .............................................................................. 13
Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS ............................................................................ 13
Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC .............................. 13
Section 517 - STORMWATER REQUIREMENTS .................................................... 14
Section 518 - PROHIBITION AGAINST THE EXPLORATION FOR OR
EXTRACTION OF NATURAL GAS AND/OR PETROLEUM .................... 14
Section 519 - INVALIDITY OF OTHER GOVERNMENTAL PERMITS. ............... 15
ARTICLE VI: ZONE REGULATIONS .......................................................................... 15
Section 600 - HIGH PRIORITY PRESERVATION ZONE ........................................ 15
Section 601 – RURAL 1 ZONE ................................................................................... 18
Section 602 – RURAL 2 ZONE ................................................................................... 22
Section 603 - LOW DENSITY RESIDENTIAL ZONE .............................................. 25
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Section 604 HAMLET NEIGHBORHOOD ZONE – .................................................. 29
Section 605 HAMLET CENTER ZONE ...................................................................... 32
Section 606 – COMMERCIAL ZONES ...................................................................... 37
Section 607 - PLANNED DEVELOPMENT ZONES ................................................. 43
Section 608 - MOBILE HOME PARK ZONE ............................................................. 43
Section 609 Aquifer High Vulnerability Overlay Zone – The purpose ........................ 46
Section 610 Riparian Buffer Overlay Zone – The purpose .......................................... 49
Section 611 Habitat Corridor Overlay Zone – The purpose ......................................... 50
Section 612 Agricultural Support Small Scale Commercial & Light Industry Floating
Zone – The purpose .......................................................................................... 51
ARTICLE VII: SPECIAL REGULATIONS ................................................................... 52
Section 700 - APPLICATION ...................................................................................... 52
Section 701 - ENCLOSURE OF EXCAVATION SITES ............................................ 52
Section 702 - ABANDONMENT OF QUARRIES, ETC ............................................ 52
Section 703 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES .......... 53
Section 704 - JUNK YARDS ....................................................................................... 53
Section 705 - OFF-STREET PARKING ...................................................................... 53
Section 706 - MOBILE HOMES AND MOBILE HOME PARKS ............................. 54
Section 707 - LIGHT INDUSTRIAL ESTABLISHMENTS ....................................... 57
Section 708 - FLOOD HAZARD PROTECTION ....................................................... 57
Section 709 - WIRELESS COMMUNICATION FACILITIES .................................. 57
Section 710 - ADULT ENTERTAINMENT BUSINESSES. ...................................... 57
Section 711 - STORMWATER REQUIREMENTS .................................................... 58
Section 712 - GROUNDWATER PROTECTION REQUIREMENTS ....................... 58
Section 714 - SOLAR ENERGY SYSTEMS ............................................................... 64
ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL PROCEDURES. .............. 67
Section 800 – SITE PLAN REVIEW FOR APPLICATIONS FOR REZONING ....... 67
Section 801 - SITE PLANS REQUIRED FOR SITE PLAN REVIEW ....................... 69
Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE
PLANS .............................................................................................................. 70
Section 803 - WAIVER OF REQUIREMENTS RELATED TO SITE PLAN ............ 72
Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE
PLANS .............................................................................................................. 72
Section 805 - GENERAL CONSIDERATIONS .......................................................... 73
Section 806 - OTHER PROVISIONS REGARDING SITE PLANS ........................... 75
Section 807 - FAILURE OF TIMELY ACTION BY TOWN BOARD OR
PLANNING BOARD ....................................................................................... 76
Section 808 - SOLAR ENERGY FACILITY ............................................................... 76
ARTICLE IX: SPECIAL PERMITS ............................................................................... 79
Section 900 - GENERAL PROVISIONS ..................................................................... 79
Section 901 - GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL
PERMITS AND SITE PLAN REVIEW .......................................................... 80
Section 902 - ADDITIONAL SITE PLAN REVIEW CONSIDERATIONS FOR
COTTAGE INDUSTRY ................................................................................... 81
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Section 903 - PROCEDURE FOR SPECIAL PERMITS ............................................ 82
Section 904 - FLOOD HAZARD AREAS ................................................................... 83
Section 905- ENVIRONMENTAL REVIEW .............................................................. 83
ARTICLE X: NON-CONFORMING USES. .................................................................. 83
Section 1000 - NONCONFORMING LOTS OF RECORD ........................................ 83
Section 1001 - NONCONFORMING USES OF LAND .............................................. 83
Section 1002 - NONCONFORMING STRUCTURES ................................................ 84
Section 1003 - NONCONFORMING USES OF STRUCTURES ............................... 84
Section 1004 - CONTINUATION OR RESUMPTION OF FARM USES ................. 85
Section 1005 - CONTINUATION OF CONSTRUCTION .......................................... 85
Section 1006 - ALTERATIONS IN USE ..................................................................... 85
Section 1007 - RESTORATION .................................................................................. 86
Section 1008 - BOARD OF APPEALS DETERMINATION ...................................... 86
Section 1009 - STORMWATER REQUIREMENTS .................................................. 86
ARTICLE XI: ADMINISTRATION ............................................................................... 86
Section 1100 – ENFORCEMENT ................................................................................ 86
Section 1101 BUILDING PERMIT, CERTIFICATE OF OCCUPANCY,
TEMPORARY CERTIFICATE, CERTIFICATE OF COMPLIANCE,
OPERATING PERMIT .................................................................................... 87
Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE HOMES . 87
Section 1103 - BOARD OF APPEALS ........................................................................ 88
Section 1104 - VARIANCES ....................................................................................... 89
Section 1105 – PLANNING BOARD .......................................................................... 90
Section 1106 - VIOLATIONS AND PENALTIES ...................................................... 93
ARTICLE XII: AMENDMENTS. ................................................................................... 93
Section 1200 - AUTHORITY TO AMEND ................................................................. 93
ARTICLE XIII: MISCELLANEOUS. ............................................................................ 94
Section 1300 - INTERPRETATION OF LOCAL LAW .............................................. 94
Section 1301 - VALIDITY ........................................................................................... 94
Section 1302 - EXISTING ZONING ORDINANCE AMENDED, RE-ADOPTED
AND RE-ENACTED ........................................................................................ 94
Section 1303 - EFFECTIVE DATE ............................................................................. 94
ARTICLE XIV: TRANSFER OF DEVELOPMENT RIGHTS ...................................... 94
Section 1400 – AUTHORITY ...................................................................................... 94
Section 1401 – PURPOSE ............................................................................................ 94
Section 1402 – TRANSFER OF DEVELOPMENT RIGHTS MAP ........................... 95
Section 1403 – PROCEDURE FOR DESIGNATING SENDING AND RECEIVING
DISTRICTS ...................................................................................................... 95
Section 1404 – DESIGNATION OF SENDING AND RECEIVING DISTRICTS .... 95
Section 1405 – PROCEDURES FOR SELLING OF DEVELOPMENT RIGHTS AND
CONVERSION TO PRESERVATION CREDITS .......................................... 95
Section 1406 – ALLOCATION OF PRESERVATION CREDITS ............................. 96
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Section 1407 APPLICATION OF PRESERVATION CREDITS ............................... 97
Section 1408 – ADMINISTRATION ........................................................................... 97
ARTICLE XV: CLUSTER SUBDIVISION AND CLUSTER OF DEVELOPMENT
RIGHTS ............................................................................................................................ 98
Section 1500 – PURPOSE ............................................................................................ 98
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ARTICLE I: TITLE
TOWN OF DANBY, NEW YORK, ZONING ORDINANCELOCAL 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 OrdinanceLocal 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
OrdinanceLocal Law are to be interpreted as defined in Appendix I hereto and hereby
made a part of this ordinanceLocal 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.
89. Mobile Home Park Zone.
910. Aquifer High Vulnerability (AHV) Overlay Zone. [8-16]
1011. Stream Setback Overlay Zone
1112. Habitat Corridor Overlay Zone
1213. 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 OrdinanceLocal 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. [8-16]
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 OrdinanceLocal 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 OrdinanceLocal Law.
Section 505 - PRE-EXISTING LOTS. A small lot, which was a legal building lot before
adoption of this OrdinanceLocal Law (or adoption of an amendment to this
OrdinanceLocal Law changing the lot to a non-conforming lot) and which does not meet
the minimum requirements of this OrdinanceLocal Law for the zone in which it is located
at the time the OrdinanceLocal 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 OrdinanceLocal 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 OrdinanceLocal Law at the time of such alteration or
enlargement.
Section 506 - TOMPKINS COUNTY HEALTH DEPARTMENT APPROVAL. No
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building permit, trailer permit, or certificate of occupancy issued under the terms of this
OrdinanceLocal 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 OrdinanceLocal 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 OrdinanceLocal
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 ordinanceLocal Law.
Section 509 - FENCES AND WALLS. The provisions of this ordinanceLocal 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 OrdinanceLocal 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.
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Section 511 - HEIGHT. Except as otherwise authorized under the terms of this
OrdinanceLocal Law, no building or structure shall exceed thirty-six feet in height
from lowest 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
ordinanceLocal 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.
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4. The following signs are permitted in all zones:
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 have been approved by the Board of Appealsare 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 ordinanceLocal Law are hereby specifically prohibited from the
zone.
Section 515 - EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS. [2-13] 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. [2-
13]
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,
DRAFT Zoning Ordinance UPDATE 12-1-21
14
shall be located within one hundred feet of any property line.
Section 517 - STORMWATER REQUIREMENTS. [2-10] 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 OrdinanceLocal Law, and all activities in
all zones listed in Article 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 OrdinanceLocal 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. [2-10]
Section [2-13] 518 [2-13] - PROHIBITION AGAINST THE EXPLORATION FOR
OR EXTRACTION OF NATURAL GAS AND/OR PETROLEUM. [3-11] 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 OrdinanceLocal 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 OrdinanceLocal
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 OrdinanceLocal Law.”
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15
Section [2-13] 519 [2-13] - 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 Ordinance. [3-11]Local
Law.
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 [7-17]
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.
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16
2. PRINCIPAL USES ONLY PERMITTED BY SITE PLAN REVIEW
a. Single dwelling unit
b. Cemeteries.
c. Private playground, athletic field and group swimming pools.
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.
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 a dwelling on the lot.
d. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17]
e. Customary farm buildings such as barns, silos, livestock enclosures, storage
buildings and similar structures.
f. 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
DRAFT Zoning Ordinance UPDATE 12-1-21
17
within a ten-mile radius of the location of the stand.
4. NUMBER OF LOTS ALLOWED [1-05]
a. On any parcel as it existed on the effective date of this amendment to this
ordinanceLocal 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
OrdinanceLocal 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 ordinanceLocal 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 ordinanceLocal 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 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.
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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 have been approved by the Board of Appealsshall 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.
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
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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.
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.
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20
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 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. One residential storage building per lot not to exceed 400 square feet in total
area.
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 [7-17]
f. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17]
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.
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 [1-05]
a. On any parcel as it existed on the effective date of this amendment to this
ordinanceLocal Law (December xx, 2021), there shall be permitted no more
than one (1) lot created for every ten (10) acres of land.
DRAFT Zoning Ordinance UPDATE 12-1-21
21
b. The limitations of this section shall apply to parcels of land existing on the
effective date of this amendment to this ordinanceLocal 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 ordinanceLocal 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 [1-05]
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 have been approved by the Board of Appealsshall not be
DRAFT Zoning Ordinance UPDATE 12-1-21
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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 SITE PLAN REVIEWSPECIAL PERMIT ONLY:
a. Solar Energy Facility, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR
ENERGY FACILITIES [7-17]
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17]
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 forwhere 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.
DRAFT Zoning Ordinance UPDATE 12-1-21
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c. One residential storage building per lot not to exceed 400 square feet in total
area.
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 [7-17]
f. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17]
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 SPECIAL PERMITSITE 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
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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
n.o. Multi-unit dwelling permitted using development rights through cluster
subdivision process.
4. NUMBER OF LOTS ALLOWED [1-05]
a. On any parcel as it existed on the effective date of this amendment to this
ordinanceLocal 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 ordinanceLocal 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 ordinanceLocal 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
[1-05].
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
DRAFT Zoning Ordinance UPDATE 12-1-21
25
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 have been approved by the Board of Appealsare 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 [7-17]
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17]
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
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26
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. One residential storage building per lot not to exceed 400 square feet in total
area.
dc. Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants of a dwelling on the
lot.
ed. Building-Mounted Solar Energy System [7-17]
fe. Small-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17]
gf. Customary farm buildings such as barns, silos, livestock enclosures, storage
buildings and similar structures.
hg. 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 SPECIAL PERMITSITE 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.
DRAFT Zoning Ordinance UPDATE 12-1-21
27
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
4. NUMBER OF LOTS ALLOWED [1-05]
a. On any parcel as it existed on the effective date of this amendment to this
ordinanceLocal 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, provided that the
road frontage, for this purpose, is located on a public road maintained year-
round.
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
OrdinanceLocal 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 thisthe 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 thisthe 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.
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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 [1-05]
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.
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 have been approved by the Board of Appealsare 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 [7-17]
DRAFT Zoning Ordinance UPDATE 12-1-21
29
b. Large-Scale Solar Energy System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-17]
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.
b. Agriculture
3. ACCESSORY USES PERMITTED BY RIGHT.
Such necessary uses as are customarily incidental to permitted principal uses:
a. Accessory buildingstructure 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
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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
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. Front yardsThe Planning Board may be
deepergrant a waiver from the 20ft maximum during site plan review to
accommodateenable 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 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 unlessor, if on a
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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 grants
special permissionmay 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.
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.
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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:
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,
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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.
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 thea residence property 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.
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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.
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.
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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 road 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
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 unlessor,
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 grantsmay 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
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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.
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.
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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.
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.
Section 605 - PLANNED DEVELOPMENT ZONES. [3-11]PERMITTED
PRINCIPAL USES IN A COMMERCIAL ZONE "A". All permitted
principal uses that are explicitly permitted in Low Density Residential
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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
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.
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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
area.
iii) Bookstores, drugstores, hardware stores, and of more than 5,000
square feet of building area.
iv) Retail service stores such as barber shops, beauty parlors, florists,
tailors, and any other similar retail stores of more than 5,000 square
feet.
v) Laundromats and dry-cleaning facilities.
vi) Funeral homes and mortuaries.
vii) Motor vehicle sales facilities.
viii) Restaurants, including fast food restaurants.
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ix) Indoor recreational facilities such as skating rinks, bowling alleys,
etc.
x) Clubs and fraternal organization facilities.
xi) Utility facilities including substations, transmission facilities, etc.
but not including transmission facilities involving antennae or other
items whose height exceed the maximum permissible height set
forth elsewhere in this Local Law.
xii) Tourist homes with more than ten beds.
xiii) Package liquor stores larger than 5,000 square feet.
xiv) Taverns
4. COMMERCIAL ZONE "C".
a. PURPOSE. The purpose of establishing a Commercial Zone "C" is to
provide an area where commercial activities involving an impact greater
than normally found in uses permitted in Commercial Zones "A" and "B",
including greater impacts in respect to traffic, noise, and overall impact, will
be permitted.
b. PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "C". All
permitted principal uses that are explicitly permitted in a Commercial Zone
"B" without requiring SITE PLAN APPROVAL are permitted in a
Commercial Zone "C".
c. PERMITTED USES IN A COMMERCIAL ZONE "C" UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted upon
approval of the site plan by the Planning Board:
i) Any use expressly permitted in Commercial Zones "A" or "B" upon
approval of the site plan.
ii) Car wash.
iii) Hotel, motel, and boarding houses.
iv) Facilities for the sale of any new products, produce, goods, and
equipment.
v) Automotive and other motorized vehicle repair facilities.
vi) Theaters.
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vii) Mobile home and recreational vehicle sales.
viii) Rental facilities for car, trailer, truck and other rental operations.
ix) Warehouses.
x) Wholesale businesses including wholesale sales of auto and farm
machinery but excluding junkyards.
xi) Yards for the sale and storage of lumber, wood, and feed.
xii) Adult entertainment business, subject to the additional requirements
set forth in Section 710.
5. OTHER PROVISIONS, ALL COMMERCIAL ZONES.
a. PERMITTED ACCESSORY USES.
i) Those permitted in any residential zone.
ii) Automobile parking and off-street loading areas, subject to further
requirements of this Local Law.
iii) Accessory storage buildings, but not to include outside storage.
b. REQUIRED LOT AREA.
i) Residential uses - lot area shall not be less than one acre for a one-
or two- unit residential building plus five thousand square feet for
each additional dwelling unit on the same lot, with frontage of not
less than one hundred fifty feet and a lot depth of not less than two
hundred feet unless served by public water in which event lot area
shall be not less than one half acre with frontage on a public street
of not less than one hundred feet and a lot depth of not less than one
hundred fifty feet.
ii) All other uses - lot area shall not be less than one acre with frontage
not less than one hundred fifty feet.
c. YARDS.
i) Minimum front yard depth - 25 feet for buildings. No minimum
front yard depth is required for constructed parking spaces, subject
to the provisions of subparagraph (g) below.
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ii) Minimum side yard width - 25 feet for buildings and constructed
parking spaces.
iii) Minimum rear yard depth - 25 feet for buildings and constructed
parking spaces.
The foregoing yard requirements may include any required buffer areas and
shall not be in addition to any required buffer areas.
d. SIGNS.
i) Same as those permitted in the low density residential zone.
ii) Advertising sign boards advertising only the services or products
available on the premises may be attached to the principal facade of
the building or located in any yard space provided that no part of the
sign is less than 5 feet from any front yard line and 15 feet from any
other lot line. All such advertising signs shall be no larger than 50
square feet, if free standing, or no larger than 50 square feet or 25%
of the facade area, if located on the facade. Such sign shall be non-
flashing. No more than one free-standing sign shall be permitted
per lot.
e. HEIGHT. No building shall exceed 36 feet in height from the lowest
exterior grade or 40 feet in height from the lowest interior grade. No
structure shall exceed 36 feet in height. This height limitation shall not
apply to silos, barns, or other structures used in connection with generally
recognized agricultural operations. No such agricultural structures,
however, shall exceed 100 feet in height, or be located less than 100 feet
from any side or rear property line.
f. BUILDING AREA. The maximum building area shall not exceed 30% of
the lot area.
g. BUFFER AREAS, SCREENING, AND ADDITIONAL SETBACK
REQUIREMENTS.
i) No building shall be placed nearer than 25 feet from any non-
commercial zone. This buffer strip shall not be in addition to the
required front, side and rear yards. A strip at least 10 feet wide
within such buffer area shall be suitably planted to screen a
commercial zone from present or future residences, or a suitable
screening fence shall be erected.
ii) In addition to the screening requirement set forth above, additional
setback, landscaping, fencing, screening, or earth berm may be
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required to be provided in any area where a proposed structure or
use would create a hazardous condition or would detract from the
value of neighboring property if such landscaping, fencing,
screening, or berm were not provided.
h. WASTE DISPOSAL - No waste or refuse shall be placed outside any
building in a commercial zone except that an area common to all businesses,
or a separate area for each business shall be reserved at the rear of the
structure or structures. These areas shall contain bins, or other receptacles
adequate to prevent the scattering of waste and refuse, and shall be planted
or fenced so as to be screened from the public view. Such area and
receptacles shall not be located in any buffer area or required yards. No
refuse shall be burned on the premises.
Section 607 - PLANNED DEVELOPMENT ZONES. The purpose of the Planned
Development Zone and the following regulations is to accommodate certain developments
of land and buildings that are to be planned and executed as a unit, such as, but not limited
to, large subdivisions, business parks (which may include Light Industrial uses, mobile
home parks, and similar types of land uses, and to establish standards by which
development in such zones shall occur. [3-11]
1. LAND AREA. Planned Development Zones shall comprise at least five (5) acres.
When and if a Planned Development Zone is established any Planned Development
in said zone shall comprise at least 5 acres.
2. OTHER REQUIREMENTS. The requirements of the Commercial Zones shall also
be applicable to any development in a Planned Development Zone unless
specifically waived or altered by the Town Board during the course of the
establishment of said zone according to the procedures set forth in this
OrdinanceLocal Law.
3. APPLICATION FOR PLANNED DEVELOPMENT ZONE. An application for
the establishment of a Planned Development Zone shall be submitted to the Town
and processed in the manner set forth below.
4. EXISTING ZONES CONTINUED. Any Planned Development Zone, (formerly
known as Planned Development Districts) legally created before the adoption of
this revised ordinanceLocal Law shall continue as heretofore approved, subject to
the Town's ability to rezone any such area in the future in the same manner as the
Town may rezone any other area, zone, or district in the Town.
Section 606608 - MOBILE HOME PARK ZONE.
1. LOCATION AND CRITERIA. With the approval of the Town Board, a Mobile
Home Park Zone may be established in any area of the Town. In considering any
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application for any such use, the Town Board shall refer to the requirements of the
Tompkins County Health Department or such agency as shall at that time be
charged with the duty of approving sewage disposal in the area contemplated for
such use, and consideration shall be given to the environmental characteristics of
the area, such as adequate and safe highways, access roads, properly designed site
locations for trailers, water availability, and the character of the location in relation
to the adjacent properties and the zoning thereof. No application shall be properly
received unless accompanied by a proper proposed site plan which, in addition to
the matters required of a site plan elsewhere in this OrdinanceLocal Law, shall
include the site locations, proposed roads, sewage disposal, landscaping, and other
matters as may be required by the Town Board. The developer shall also submit
suitable plans and proposed regulations for sewer connection, water supply, toilets,
bathing facilities, garbage removal, registration of occupants, inspection of camps
and providing time limits on duration of stay of house trailers in such trailer camps,
tourist camps or similar establishments. Any mobile home park shall comply with
any mobile home ordinanceLocal Law that is now or may hereafter be enacted by
the Town of Danby.
2. USE REGULATIONS. In a Mobile Home Park Zone no building shall be erected
or extended and no land or building or part thereof shall be used for other than a
mobile home park. In a mobile home park, there shall be no more than one dwelling
unit maintained in each mobile home.
3. ACCESSORY USES. The following accessory uses are permitted in Mobile Home
Park Zone:
a. Automobile parking and garages, subject to the further requirements of this
Section.
b. Structures and open land for recreation, intended for use by the residents of
the mobile home park.
c. Such areas and structures as may be necessary for homemaking activities,
such as a common laundry or garden plots. The use of any such area or
structure may be limited to residents of the mobile home park.
d. Day care homes.
e. Group day care facilities and group family day care homes by Special
Permit.
f. Day care centers by Special Permit.
g. Building-Mounted Solar Collection System, subject to the provisions of
Article VII: Special Regulations, § 714 – SOLAR ENERGY SYSTEMS [7-
17]
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h. Building-Mounted Solar Energy System [7-17]
4. MINIMUM AREA FOR A MOBILE HOME PARK ZONE. A minimum tract of
ten acres is required for the development of a Mobile Home Park Zone.
5. REQUIRED LOT AREA. Each mobile home lot shall have a minimum gross area
of 5,000 square feet. The arrangement of lots in the park shall facilitate the efficient
development of land and permit the convenient access of emergency vehicles.
6. STAND LOCATION. The location of the mobile home stand on each lot shall be
identified on the site plan that was the basis for the creation of the Mobile Home
Park Zone.
7. STANDS. The mobile home stand shall be provided with anchors and other
fixtures capable of securing and stabilizing the mobile home. These anchors shall
be placed at least at each corner of the mobile home stand.
8. SKIRTING. Each mobile home owner, within thirty (30) days after the arrival of
the mobile home in the park, shall be required to enclose the bottom space between
the edge of the mobile home and the mobile home stand with a skirt of metal, wood
or other suitable material. This skirt shall be properly ventilated and securely
attached to the mobile home.
9. PARKING. One garage or lot parking space shall be provided for each mobile
home, plus one additional lot space for each 3 mobile homes. No parking lot shall
be located farther than 100 feet from the dwelling unit it is intended to serve. Each
parking space shall have a minimum of 180 square feet.
10. BUFFER YARDS. A buffer yard at least 30 feet wide shall be provided around the
perimeter of the mobile home park. No structures are permitted in the buffer yard
and the Planning Board may require that suitable landscaping be provided in order
to effectively screen the mobile home park from adjacent properties. Parking
spaces are not permitted in the buffer yards.
11. ACCESS DRIVES AND WALKWAYS. Access drives shall be paved with
blacktop, concrete, or other solid material. Driveways and walkways shall provide
safe access, ingress, and traffic circulation within the site. The placement, size, and
arrangement of access to public ways shall be subject to the approval of the
appropriate highway authority. Where the density of population or school bus
routes make it necessary, sidewalks and bus shelters may be required.
12. OPEN SPACE AND RECREATION AREAS. The applicant shall provide
recreation areas on the premises for children. The Planning Board shall review and
approve all such areas. Ten percent of the gross lot area of the mobile home park,
exclusive of the area reserved for buffer yards, shall be permanently maintained as
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open space.
13. STORAGE SPACE. The owner shall provide storage space in convenient locations
for each mobile home lot. This storage space shall be contained in an enclosed and
secure structure. Several storage structures may be located in a common building.
The minimum dimensions of storage space per lot shall be eight feet high, eight
feet deep, and four feet wide.
14. SCREENING OF WASTE AND REFUSE. One or more common areas shall be
provided for the disposal of waste and refuse. These areas shall contain secure
garbage bins of a suitable size. These areas shall be screened from public view by
shrubbery or a fence.
16. SIGNS. A single sign for the mobile home park is permitted no larger than a sign
permitted in the Commercial Zones.
17. BUILDING PERMITS. A building permit shall be required pursuant to this
OrdinanceLocal Law for each mobile home and/or accessory structure to be sited
or constructed.
18. SITE PLAN APPROVALS. No building permit shall be issued for a building
within a Mobile Home Park Zone unless the proposed structure is in accordance
with a site plan approved pursuant to the provisions of this OrdinanceLocal Law
and approved by the Tompkins County Health Department. No subdivision of a
mobile home park site plan is permitted without approval of the Town Board,
following Planning Board review. No alteration, amendment or change in a trailer
park site plan is permitted without approval of the Planning Board.
Section 607609 Aquifer High Vulnerability Overlay Zone – The purpose and intent of
establishing the Aquifer High Vulnerability (AHV) Overlay Zone is to preserve
critical unconsolidated aquifer recharge areas as well as the wellhead protection
areas for the West Danby Water District and other community water systems.
1. APPLICABILITY.
a. The (AHV) Overlay Zone shall be considered as overlayingoverlying
other zones as shown on the zoning map.
b. Any uses not permitted in the underlying zone shall not be permitted in
the (AHV) Overlay Zone.
c. Any uses permitted in the underlying zone shall be permitted in the
(AHV) Overlay Zone, except where the overlay zone prohibits the use
or imposes greater or additional restrictions and requirements.
d. In any cases where conflicts arise between these requirements and any
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other existing regulations, the more restrictive regulations shall apply.
2. OVERLAY ZONE BOUNDARIES.
a. The (AHV) Overlay Zone boundaries are based upon: (1) the location
of unconfined aquifers (including alluvial fan aquifers that also serve
to recharge deeper confined aquifers) and unknown aquifer types in
the report by the United States Geological Survey entitled
“Hydrogeology and Water Quality of the Stratified-drift Aquifers in
Upper Buttermilk Creek and Danby Creek Valleys, Town of Danby,
Tompkins County, New York”; (2) the location of alluvial and kame
deposits aquifers in the Cayuga Inlet and lower Michigan Creek
valleys as mapped by the USGS in a report entitled “Unconsolidated
Aquifers in Tompkins County, New York”; (3) the location of the
stratified-drift aquifer boundary in the USGS report entitled
“Hydrogeology of the stratified-drift aquifers in the Cayuta Creek and
Catatonk Creek valleys in parts of Tompkins, Schuyler, Chemung, and
Tioga Counties, New York”; (4) the delineation of the West Danby
Water District wellhead protection area as detailed in a report entitled
“Delineation of the West Danby Water District Wellhead Protection
Area Using Volumetric Shape Methods” by New York Rural Water
Association that is filed with the Town Clerk; and (5) 300-foot buffer
distances around other community water system wells.
3. PROHIBITED USES AND ACTIVITIES IN AHV OVERLAY ZONE.
The following uses and activities are specifically prohibited in the Aquifer
High Vulnerability (AHV) Overlay Zone since by their nature they pose a
higher threat to the quality or quantity of groundwater resources than other
uses and activities:
a. Airport and/or airport maintenance areas, including private airplane
landing fields.
b. Appliance or small engine repair shops
c. Boat service, repair, and/or washing establishments
d. Car washes.
e. Cemeteries or crematoriums.
f. Chemical and/or biological testing laboratories
g. Horticultural nurseries.
h. Excavation of overburden and/or minerals from the earth for sale or
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exchange, or for commercial, industrial, or municipal use (except for
the sale of incidental overburden and/or minerals from excavation
related to construction as part of an agricultural or residential use).
i. Funeral homes and mortuaries.
j. Furniture strippers and/or refinishers
k. Gasoline service stations or service and repair garages.
l. Generation and/or storage of hazardous wastes except for that
associated with residential or agricultural uses.
m. Golf courses.
n. Industrial establishments.
o. Junkyard, salvage, or impoundment yards (including used motor
vehicle parts and scrap/waste materials).
p. Laundromats and dry-cleaning facilities.
q. Municipal or industrial sewage treatment facilities with disposal of
principal or secondary treatment effluent.
r. Personal service shops such as a barber shop, beauty parlor, or
hairdresser.
s. Pest control services or pesticide/herbicide stores.
t. Pet cemeteries or crematoriums.
u. Printers
v. Storage of petroleum except for on-site petroleum consumption.
w. Installation of new or replacement underground storage facilities for
petroleum or hazardous substances.
x. Veterinary clinics, hospitals or animal kennels.
4. MAXIMUM IMPERVIOUS COVERAGE.
a. Except as hereinafter provided, within the Aquifer High Vulnerability
(AHV) Overlay Zone, the following table shall be used to determine
the maximum percentage of a parcel that may be rendered impervious
to infiltration:
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Lot Size
(acres)
Maximum % of Lot Covered By Impervious
Surfaces1
≥ 2 10 %
1 to 1.99 15 %
0.5 to 0.99 20 %
<0.5 30 %
1 Maximum site impervious coverage calculations shall include all
impervious surfaces with a minimum area of over one hundred (100)
square feet.
b. Impervious coverage may only exceed the impervious surface percentages in
the preceding table if a system of stormwater management and treatment is
developed that results in the site’s post-development annual stormwater
recharge volume to groundwater approximating the site’s pre-development
annual groundwater recharge volume. Such a system should also: preserve
hydrologic conditions that closely resemble pre-development conditions,
maintain or replicate the predevelopment hydrologic functions of storage,
infiltration, and groundwater recharge; prevent untreated discharges; reduce or
prevent flooding by managing the peak discharges and volumes of runoff;
minimize erosion and sedimentation; prevent degradation of water by
reducing suspended solids and other pollutants; and provide increased
protection of sensitive natural resources.
Section 608610 Riparian Buffer Overlay Zone – The purpose and intent of establishing
the Riparian Buffer Overlay Zone is to provide a buffer area around perennial and
intermittent streams to preserve and improve the natural slowing, filtering, and
infiltration of surface runoff before it reaches streams, to preserve the ecosystem
function of stream corridors, and to minimize development in places most likely
to experience flooding.
1. APPLICABILITY.
a. The Riparian Buffer Overlay Zone shall be considered as overlying
other zones as shown on the zoning map.
b. Any uses not permitted in the underlying zone shall not be permitted in
the Riparian Buffer Overlay Zone.
c. Any uses permitted in the underlying zone shall be permitted in the
Riparian Buffer Overlay Zone, except where the overlay zone
prohibits the use or imposes greater or additional restrictions and
requirements.
d. In any cases where conflicts arise between these requirements and any
other existing regulations, the more restrictive regulations shall apply.
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2. OVERLAY ZONE BOUNDARIES.
a. The Riparian Buffer Overlay Zone boundaries are based upon 100-foot
buffers from perennial streams and 50-foot buffers from intermittent
streams as identified, classified, and mapped by Tompkins County.
The Planning Board may consider actual riparian waterway locations
in review rather than Tompkins County mapping if existing mapping
does not match current conditions.
4. MAXIMUM IMPERVIOUS COVERAGE.
a. Within the Riparian Buffer Overlay Zone, no new impervious surface
may be added or constructed within 100’ of perennial streams with the
following exceptions: land within the Hamlet Center or Hamlet
Neighborhood Zones, development of trails granted a waiver by the
Planning Board, the shortest feasible crossing for roads and driveways
granted a waiver by the Planning Board.
b. Within the Riparian Buffer Overlay Zone in the Hamlet Zones any
new impervious surface within 50 feet of a perennial stream is subject
to Site Plan Review by the Planning Board. The goal of Site Plan
Review will be to mitigate new impervious surface to the greatest
extent possible
c. Within the Riparian Buffer Overlay Zone any new impervious surface
within 50 feet of an intermittent stream is subject to Site Plan Review
by the Planning Board. The goal of Site Plan Review will be to
minimize and mitigate new impervious surface to the greatest extent
possible.
Section 609611 Habitat Corridor Overlay Zone – The purpose and intent of
establishing the Habitat Corridor Overlay Zone is to provide connections for plant
and animal habitat between major contiguous habitat hubs.
1. APPLICABILITY.
a. The Habitat Corridor Overlay Zone shall be considered as
overlayingoverlying other zones as shown on the zoning map.
b. Any uses not permitted in the underlying zone shall not be permitted in
the Habitat Corridor Overlay Zone.
c. Any uses permitted in the underlying zone shall be permitted in the
Habitat Corridor Overlay Zone, except where the overlay zone
prohibits the use or imposes greater or additional restrictions and
requirements.
d. In any cases where conflicts arise between these requirements and any
other existing regulations, the more restrictive regulations shall apply.
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2. OVERLAY ZONE BOUNDARIES.
a. The Habitat Corridor Overlay Zone boundaries are mapped on the
adopted Habitat Corridor Overlay Zone Map as of ________ date by
the Town Board.
4. SITE PLAN REVIEW FOR ALL NEW IMPERVIOUS COVERAGE.
a. Within the Habitat Corridor Overlay Zone no new impervious surface
may be added or constructed without Site Plan Review and approval
by the Planning Board with a goal of minimizing and mitigating new
impervious surface to the greatest extent possible. Site Plan Review
should encourage the minimization of any barriers to plant and animal
movement withingwithin the corridor including widening areas of
human impact, fencing, and other barriers.
Section 610612 Agricultural Support Small Scale Commercial & Light Industry
Floating Zone – The purpose and intent of establishing the Agricultural Support
Small Scale Commercial & Light Industry Floating Zone is to enable the
development of small-scale commercial businesses and small-scale light industrial
uses that directly support local agricultural production. These businesses are not
required to locate on a farm and may serve multiple farms in the area.
1. APPLICABILITY.
a. Agricultural Support Small Scale Commercial & Light Industry
Floating Zone shall be considered a floating zone and shall not be
applied to any parcel except through the process described below.
b. Applying the Agricultural Support Small-Scale Commercial and Light
Industry Floating Zone to a particular parcel requires that specific
parameters be met:
1. The parcel must be 20acres20 acres or more.
2. Minimum 300’ front, rear, and side yards are required for all
uses allowed by the floating zone.
3. Applicant must demonstrate that no noise, light, dust, or smells
will be produced in a manner that creates a negative impact at the
property line.
4. Parking suitable for the allowed use must be accommodated on
the parcel and bufferedconcealed from view from adjacent parcels and
the road.
5. Applicant must demonstrate minimal impact on neighbors and
mitigate any viewshed impacts.
6. The developed area must not exceed 1 acre of impervious
surface.
7. New buildings must not exceed 20,000 sq ft.
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c. Except as specified in this Floating Zone, all underlying zoning
parameters apply.
2. OVERLAY ZONE BOUNDARIES.
a. The Agricultural Support Small Scale Commercial & Light Industry
Floating Zone boundaries are mapped on the adopted Agricultural
Support Small Scale Commercial & Light Industry Floating Zone Map
as of ________ date by the Town Board.
4. ALLOWED USES.
a. Within the Agricultural Support Small Scale Commercial & Light
Industry Floating Zone and subject to the requirements defined above
the following uses are allowed by Site Plan Review only:
i. Processing of agricultural products produced within 100 miles
ii. Butcher
iii. Fiber mills and other fiber processing
iv. Tractor and Farm Implement sales and repair
v. Sales and promotion of agricultural products
vi. Similar small-scale commercial and light industrial uses that
support local agricultural production
ARTICLE VII: SPECIAL REGULATIONS
Section 700 - APPLICATION. Except as otherwise herein provided, the following
special regulations shall apply to the entire Town.
Section 702701 - ENCLOSURE OF EXCAVATION SITES. Any commercial
operation involving the excavation of top soil, sand, gravel, clay, shale or other natural
deposit or the quarrying of any kind of rock formation at depths of more than 6 feet shall
be enclosed by a substantial fence. [3-11] This section shall not be construed to allow or
permit any Natural Gas and/or Petroleum Exploration, any Natural Gas and/or Petroleum
Extraction, or any Natural Gas and/or Petroleum Support Activities, and is intended to, and
shall be deemed and construed to, apply only to extractive surface-based mining activities
that seek to and actually extract only naturally occurring rocks, sands, gravels and similar
excavations and their overburdens. [3-11]
Section 703702 - ABANDONMENT OF QUARRIES, ETC. At such time as any quarry
or excavation for the purpose of extraction of natural resources is abandoned, all steep sides
shall be sloped to a slope of not greater than one vertical foot of slope in each three lineal
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feet, and the entire area is to be adequately seeded or otherwise landscaped to prevent
erosion. Nothing contained in this section is intended to relieve a quarry or excavation
owner from complying with more stringent requirements of any federal, state, or local law
or regulation. [3-11] For the purposes of this Section 703, no reference to a quarry or to
the extraction of natural resources shall include Natural Gas, any Natural Gas and/or
Petroleum Exploration, any Natural Gas and/or Petroleum Extraction, or any Natural Gas
and/or Petroleum Support Activities, and is intended to, and shall be deemed and construed
to, apply only to extractive surface-based mining activities that seek to and actually extract
only naturally occurring rocks, sands, gravels and similar excavations and their
overburdens, [3-11]
Section 704703 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES.
1. In no case shall a gasoline or oil pump, oiling or greasing mechanism, or other
service appliance installed in connection with any gasoline filling station or public
garage be closer than thirty feet from any street line or highway right-of-way line.
2. No automobile repair work, except emergency work, shall be carried on out of
doors and. All automobile or motor vehicle parts, dismantled vehicles, and similar
articles shall be stored within a building, or stored at aan exterior location not
visible from any point from any adjoining propertyproperties.
Section 705704 - JUNK YARDS. Junk yards are specifically excluded from all zones
except that junk yards may be established as part of a planned development zone in
accordance with the provisions for same. Any junk yard existing as a non-conforming use
shall not be expanded or enlarged and shall be completely enclosed by a substantial and
opaque screen (fence, berm, or other visual and completely opaque screen) with openings
only for ingress and egress at no more than one-hundred-foot intervals along a property
line including road frontage. Such openings shall not exceed twenty-five feet in width.
Such screen shall be at least six feet high and shall be no nearer than twenty-five feet from
any public highway right-of-way line, and there shall be no storage outside the screen.
Section 706705 - OFF-STREET PARKING.
1. RESIDENTIAL PARKING SPACES. Not more than two (2) parking spaces per
dwelling unit shall be located in required front yard areas. Under no circumstances
shall more than four parking spaces for the entire building be located in any
required front yard area. Front yards shall not be used for the storage of abandoned
or disabled vehicles.
2. MULTIPLE RESIDENCE PARKING SPACES. No more than one parking space
per dwelling unit shall be located in required front yard areas and in no event shall
more than four parking spaces be located in any required front yard area.
3. PARKING REQUIREMENTS FOR OTHER USES. This provision shall not apply
in the Hamlet Neighborhood or Hamlet Center Zone. In all other instances, a
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minimum of 300 square feet of parking area, including lanes and driveways, shall
be provided for each 100 square feet of enclosed floor area, excluding basements
used for storage, except in the cases of the following uses, for which off-street
parking shall be provided in accordance with the following schedule:
a. School or other educational institutions - four spaces for each class room.
b. Hospital, sanitarium or nursing or convalescent home - one space for each
two beds.
c. Theater, community center or other place of public assembly - one space
for each five seats.
d. Bowling Alley - three spaces for each alley.
e. Roller skating rink, dance hall or similar places of amusement - one space
for each 50 square feet of gross floor space.
f. Motel, hotel, rooming house, tourist home - one space for each room offered
to rent, which space must be available at night.
g. Fraternity or sorority house or membership club - one space for each two
beds, or one space for each three members, whichever figure is larger.
h. Restaurant or tavern - one space for every three seats.
i. Office or bank building - one space for each 200 square feet of office or
bank floor area.
j. Retail Stores - one space for every 200 square feet of sales space on the
ground floor or main sales floor, whichever is larger and one space for each
500 square feet of sales area on all other floors combined.
k. Churches - one space for every four seats.
l. Personal Service Shops - one space for every 50 square feet of gross floor
area.
4. NO PARKING IN BUFFER ZONES. Except as specifically permitted for
residence zones above, there shall be no parking in any required front, side or rear
yard or buffer zone. Parking lots shall be surfaced with blacktop, stone, or other
material that does not produce dust and shall be graded so as to drain properly.
Section 707706 - MOBILE HOMES AND MOBILE HOME PARKS.
1. MOBILE HOMES. Mobile homes are any manufactured home built prior to June
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15, 1976. Manufactured homes built after June 15, 1976 and certified by HUD,
whether they are single wide, double wide, or any other shape, are treated as single
unit homes when installed on a permanent foundation as required by New York
State law and are allowed wherever a stick built single unit home would be allowed.
The limitations below apply only to Mobile Homes as defined above. No mobile
home whether on wheels or otherwise supported shall be permitted in any zone or
area except where otherwise specifically permitted pursuant to the terms of the
Zoning OrdinanceLocal Law; provided, however, that in any zone a mobile home
shall be permitted under the following circumstances:
a. DOUBLEWIDE MOBILE HOMES. Doublewide mobile homes are
permitted on individual lots subject to the provisions of Section 1102 of this
ordinanceLocal Law.
b. SINGLEWIDE MOBILE HOMES. Singlewide mobile homes are
permitted under the following circumstances:
i) in Mobile Home Parks and in Planned Development Zones
specifically designated for such use.
ii) as a temporary residence for a period of up to eighteen months on a
lot where a permanent dwelling is to be constructed subject to the
following requirements:
(a) The owner of the land and/or the mobile home shall have
obtained a building permit for said mobile home from the
Code Enforcement Officer prior to moving said mobile
home on the premises;
(b) The owner of the land and/or the mobile home shall have
submitted to the Code Enforcement Officer a specific set of
building plans and specifications for the construction of a
permanent dwelling on said lot at the time the owner applies
for said mobile home site plan; and
(c) Within twelve months after obtaining approval for such
mobile home the permanent building being constructed on
the lot must be enclosed and heat installed. In the event of
non-compliance with this subparagraph (c), the mobile home
site plan approval shall be revoked by written notice to the
owner of the land or mobile home by the Code Enforcement
Officer, and the owner of the land must cause removal of
said mobile home from the premises within three months of
the receipt of said written revocation of the mobile home
permit.
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c. CONSTRUCTION TRAILERS. A mobile home being used as a
construction trailer may be placed upon premises if the owner of the
premises or the owner of the trailer obtains a permit for such occupancy
from the Code Enforcement Officer. Such permit shall be granted only in
conjunction with the issuance of another building permit for construction of
a structure on the same premises costing at least $75,000, or in conjunction
with a public works project. Any permit for such construction trailer shall
expire one year from the date of its issuance unless renewed by the Code
Enforcement Officer.
d. PREEXISTING SINGLEWIDE MOBILE HOMES. The following applies
to singlewide mobile homes on individual lots which were occupied on and
before July 10, 1995.
i) If such a singlewide mobile home is the single residential structure
on the lot, it may continue to be occupied as a lawfully permitted
use. It may be replaced with a newer manufactured home subject to
the issuance of a building permit.
ii) If such a singlewide mobile home is the second residential structure
on a lot, it may continue to be occupied as a lawfully permitted use.
It may be replaced with a newer manufactured home only upon the
approval of a Site Plan by the Planning Board.
e. SINGLEWIDE MOBILE HOMES AS TEMPORARY HOUSING. The
new installation of a singlewide mobile home as the second dwelling on a
lot may occur upon the granting of a Special Permit for same by the
Planning Board for the following:
i) Temporary housing for family members related to the owners of the
property, when such family members need close attention by the
owners due to age, illness, or similar circumstances.
ii) Temporary housing for personnel providing support services such
as caretaking, nursing, and similar services to the residents of the
principal dwelling on the property.
iii) Temporary housing for agricultural workers.
f. CRITERIA FOR SITE PLANSPECIAL PERMIT REVIEW FOR
SINGLEWIDE MOBILE HOMES. In considering an application for Site
Plan ReviewSpecial Permit for a singlewide mobile home, the Planning
Board shall consider the General Conditions Required for Site Plan Review
which are provided elsewhere in this ordinanceLocal Law. In approving
such a Site PlanSpecial Permit, the Planning Board may place conditions on
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such to ensure that, for example, temporary housing is properly used as
intended, and is removed when it is no longer needed.
Section 708 - [3-11]707 - LIGHT INDUSTRIAL ESTABLISHMENTS. Light Industrial
uses and/or operations may only be allowed, established, or conducted within approved
Planned Development Zones, except where otherwise permitted in a different Zone. [3-11]
Section 709708 - FLOOD HAZARD PROTECTION. No construction shall occur
within an area governed by the Town of Danby local law relating to flood damage
protection except as the same is permitted and occurs in accordance with the terms of such
local law.
Section 710709 - WIRELESS COMMUNICATION FACILITIES- No approvals of,
construction of, or modifications to Wireless Telecommunications Facilities, as defined in
the Town of Danby Local Law governing such facilities, shall occur except as the same is
permitted and occurs in accordance with the terms of such local law.
Section 711710 - ADULT ENTERTAINMENT BUSINESSES. Adult entertainment
businesses, when permitted by other provisions of this ordinanceLocal Law, shall be
subject to complying with the following requirements which shall be in addition to any
other requirements or considerations set forth elsewhere in this OrdinanceLocal Law:
1. Receipt from the Planning Board of a special permit or same after submission and
approval by the Planning Board of a site plan, all in accordance with the provisions
of Articles VIII and IX of this OrdinanceLocal Law.
2. The building in which the business is conducted, and the related parking areas, are
located at least
a. 150 feet from any highway right of way line;
b. 250 feet from the boundary of any Residential Zone;
c. 750 feet from any dwelling or public hiking trail;
d. 750 feet from the property boundary line of any church, school, library,
community center, child care facility, government building, fire station,
public recreation area, or any other facility or area serving significant
numbers of children and families, or where children and families regularly
congregate; and
e. 1000 feet from the building and related parking area of any other adult
entertainment business or any establishment at which alcoholic beverages
are sold;
The distances provided hereinabove shall be measured by following a straight line,
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without regard to intervening buildings, from the nearest building, parking lot
boundary, or other structure of an adult entertainment business, to the nearest point
of the principal residential structure, public recreation area, hiking trail, lot line, or
zone boundary from which the adult entertainment business is to be separated.
3. The building and lot upon which it is located comply in all other respects with the
requirements set forth in articles VIII and IX and with the requirements of Section
706, except as modified by this local law and with the following further exceptions:
a. If the type of adult entertainment business, is one specified in Section 706,
the minimum parking requirements shall be those set forth in such section
for that type of structure (e.g., if the adult entertainment business is a theater,
there shall be one parking space for each five seats).
b. If the type of adult entertainment business is not one specified in Section
706, the minimum parking requirement shall be 300 square feet of parking
area, including lanes and driveways, for each 100 feet of floor area,
exclusive of basements used for storage. (e.g., if the adult entertainment
business is a massage parlor, the minimum parking area shall be 300 square
feet for each 100 feet of floor area).
Section 712711 - STORMWATER REQUIREMENTS. [2-10] The requirements of
the Town’s Stormwater Local Law are incorporated into this Zoning OrdinanceLocal Law,
and all activities in all zones listed in this Article 6, 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. [2-10]
Section 713712 - GROUNDWATER PROTECTION REQUIREMENTS. [8-16]
1. PROHIBITED USES AND ACTIVITIES. The following uses and
activities are specifically prohibited in the Town of Danby in order to
safeguard groundwater resources:
a. Any use or activity that involves the on-site disposal of solid waste,
medical waste, petroleum, radioactive material, hazardous or toxic
substances, hazardous waste, process wastes, including wastewater
(except for the disposal of sewage through an on-site wastewater
treatment system, or the agricultural use of animal manure, associated
bedding material, and food processing wastes where such wastes are
applied at or below agronomic rates).
b. Any solid waste management facility except for land application or
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composting facilities permitted by NYSDEC for agricultural use
within an agricultural district created pursuant to New York State
Agriculture and Markets Law.
c. Surface land application of septage, sewage, or sludge except where
permitted by NYSDEC for agricultural use within an agricultural
district created pursuant to New York State Agriculture and Markets
Law.
d. Construction of a concentrated animal feeding operation in portions of
the Town located outside of a local agricultural district created
pursuant to New York State Agriculture and Markets Law.
e. A facility that receives hazardous or toxic substances, hazardous
waste, medical waste, or radioactive material generated off-site for
treatment, storage, or disposal.
f. Bulk stockpiling or storage of coal, cinders, deicing compounds,
hazardous substances, hazardous wastes, toxic substances, fertilizers,
herbicides and/or pesticides except in packaging for individual use or
resale or in structures designed to prevent contact with precipitation
and constructed on low permeability pads designed to control seepage
and runoff.
g. Storage of manure, except for individual household or agricultural use,
or at commercial establishments in packaging for individual use or
resale.
h. Natural gas and/or petroleum extraction, exploration, production and
associated support activities, materials, and wastes, the definition of
which is more particularly described elsewhere in this OrdinanceLocal
Law.
i. Drilling of wells to be used for: natural gas and/or petroleum
exploration, extraction, production, and/or storage; solution salt
mining; open-loop geothermal heating and cooling systems; or
disposal of wastes including brine, natural gas exploration
and/petroleum production waste, process waste, hazardous wastes,
radioactive material, and wastewater.
j. Installation of pipeline facilities used in the transportation of
hazardous liquids, including crude oil, condensate, natural gasoline,
natural gas liquids, liquefied petroleum, and other petroleum products.
k. Application of production brine from an oil or gas well source or a
liquefied petroleum gas (LPG) storage facility onto roads or other land
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surfaces.
l. Drilling, development, and/or construction of sources of water for
bottled water or bulk water facilities except for the collection of spring
water without the use or assistance of an external force. Water must
continue to flow naturally to the surface of the earth through the
spring's natural orifice.
2. SPECIAL PROVISIONS AND REQUIREMENTS
FACILITIES WITHIN AN AGRICULTURAL DISTRICT. Where land
application facilities, composting facilities, or concentrated animal feeding
operations are permitted by NYSDEC and located in a local agricultural
district created pursuant to New York State Agriculture and Markets Law,
the landowner shall: provide the Town a copy of all correspondence
between the landowner/applicant and the applicable federal, state or local
regulatory agencies; give the Town a copy of all applicable federal, state
and local permits; provide access to permitted sites by Town officials; and
keep the Town updated on changes in permit status.
3. GROUNDWATER RESOURCES EVALUATION
a. GROUNDWATER DATA STATEMENT. For any proposed use that will
involve the withdrawal of groundwater from on-site wells and would
eventually require the preparation and approval of a site plan under the
provisions of this OrdinanceLocal Law (see Article VIII, Sections 800-
802), the applicant must complete a “Groundwater Data Statement” and
submit it to the Town Zoning Enforcement Officer. Such an application
must contain the following information:
i. Projected average daily water demand from existing and proposed on-site
wells. Calculations for estimating the average daily water demand must
be included and be based upon established design standards and upon the
maximum projected use averaged in any consecutive thirty-day period.
Note that the Town of Danby has compiled estimated daily water use for
various permitted land uses.
ii. A map with the location of all existing and proposed wells at the site,
including their position with respect to property lines, existing or proposed
water bodies, roads, buildings, and potential contaminant sources as listed
in Table 1 of Section 5-B.4 of Appendix 5-B of 10 NYCRR Part 5.
b. GROUNDWATER RESOURCES ASSESSMENT. Applicants seeking
approval for actions classified as Type I in 6 NYCRR Part 617.4 or
Environmental Review of Actions in the Town of Danby must conduct
and submit a Groundwater Resources Assessment if the submitted
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Groundwater Data Statement indicates that the proposed use involves a
projected average daily water demand of 4,000 gallons per day or more.
Work related to the Groundwater Resources Assessment shall be
performed or directly supervised by a professional geologist.
Alternatively, work may be performed or directly supervised by a licensed
professional engineer who is experienced in performing groundwater
studies.
The Groundwater Resources Assessment shall include:
An inventory of all water wells within one-half mile (2,640 feet) of the proposed
site supply wells. The well inventory should include where available: the
location of wells on a map, and a listing of the wells with the following
data: well depth, name of owner, type of aquifer intersected, depth of well
casing, screened interval (if applicable), diameter, static water level, depth
of pump intake, age of well, yield, any issues with water quantity or
quality, and any other relevant data that can be reasonably obtained from
sources such as government databases (NYSDEC and USGS), local well
drillers, and a survey of local property owners.
An inventory of known and potential contaminant sources within 2,640 feet of the
pumping well(s). The potential contamination source inventory shall
include data from sources such as regulatory databases, real property tax
assessment land classification codes, land use mapping, visual survey(s),
historical land records, anecdotal accounts, etc.
An inventory of surface waters and wetlands within 2,640 feet of the pumping
well(s).
. 4. PROTOCOLS FOR GROUNDWATER MITIGATION.
UNDUE ADVERSE IMPACT. In evaluating a proposed action classified as
Type I in 6 NYCRR Part 617.4 or Environmental Review of Actions in the Town of
Danby for determination of environmental significance, the Planning Board, and/or Town
Board, acting as Lead Agency must determine that the proposed use will not have an
undue adverse impact to existing supply wells, surface water, wetlands, or contaminant
source(s). For these proposed actions, it will be presumed that such withdrawals will not
have an undue adverse effect if the following can be demonstrated:
The area of pumping influence of the use’s wells does not intersect surface water
or wetlands.
If the area of pumping influence of the use’s wells does intersect surface water,
any reduction in surface water levels or flows is slight and will not cause a resultant
violation of surface water quality rules.
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If the area of pumping influence of the use’s wells does intersect wetlands, there
is no resulting loss of wetlands, their function, or value.
The area of pumping influence of the use’s wells does not intersect any existing
off-site water supply wells.
If the area of pumping influence of the use’s wells does intersect existing off-site
wells, the withdrawal from the proposed use’s wells does not affect the continued future
use of the existing wells.
The area of pumping influence of the use’s wells does not intersect known areas
of groundwater contamination.
For uses that a Spill Prevention Plan (SPP) be submitted, it will be presumed that
the use and/or storage of substances at the proposed facility will not have an undue
adverse effect if the following can be demonstrated:
There are no existing supply wells, surface water, or wetlands located within the
areas projected to be impacted by a spill for a minimum distance 1,500 feet downgradient
of the facility.
If there are existing supply wells, surface water, or wetlands located within the
areas projected to be impacted by a spill for a minimum distance 1,500 feet downgradient
of the facility, there will be management practices, response activities, and monitoring
practices in place to adequately minimize the potential for impacts.
MITIGATION OF GROUNDWATER WITHDRAWAL IMPACTS. In order to
ensure that the quantity and quality of groundwater or surface water is not unreasonably
degraded or depleted, the Planning Board or Town Board may require changes or
additions to the applicant’s site plans as a condition of approval to safeguard available
groundwater resources.
Examples of such mitigation measures could include:
Deepening impacted well(s) and test for water quantity and quality.
Redeveloping the well(s) and test for quantity and quality.
Conducting a yield test on an impacted well or re-evaluate existing data.
Evaluating the feasibility of connecting to a public water system or developing an
alternative water source for the affected well(s).
Reducing use average withdrawal volumes through design alternatives, water
conservation measures, etc.
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MONITORING WELLS. If there are existing supply wells, surface water, or
wetlands located within the areas projected to be impacted by a spill for a minimum
distance 1,500 feet downgradient of the facility, the Planning Board or the Town Board,
as a condition of site plan approval or special permit issuance may require ongoing
groundwater monitoring as follows:
Installation and maintenance of a minimum of one groundwater
monitoring/observation well in a direction upgradient from on-site activities and one
groundwater monitoring/observation well in a direction downgradient from on-site
activities. In addition, at least one additional monitoring/observation well shall be
installed and maintained in order to determine the water table or potentiometric surface
gradient at the site. The specific location of these groundwater monitoring/observation
wells shall be determined by a professional geologist as defined previously in this
section.
Required water quality sampling from monitoring wells will include a set of water
quality samples taken before the use has been initiated to serve as a baseline. Subsequent
sampling by the facility must occur after any releases of petroleum, chemicals and
materials which may cause environmental damage are reported to the NYSDEC. At the
time of notification to the NYSDEC, the facility must also report the release to the Town
Zoning Enforcement Officer.
At a minimum, the water quality samples are to be analyzed for: coliform
bacteria, arsenic, lead, nitrate, nitrite, iron, manganese, sodium, pH, hardness, alkalinity,
turbidity, and total dissolved solids. Additional tests for volatile organic compounds,
chloride, metals, and/or other parameters will be specified by the Planning Board or
Town Board depending upon the nature of the proposed use, material stored, and/or the
site’s history.
The owner of the property on which groundwater monitoring is required shall pay
all costs and fees related to retention of qualified experts and water sampling. Access to
monitoring wells and monitoring data shall be provided to the Town for purposes of
inspecting and monitoring water quality sampling deemed as appropriate.
The Zoning Enforcement Officer, or his or her designee, shall make regular
inspections of the use to ascertain compliance with the rules and regulations set forth
above.
5. COMPLIANCE WITH WATER WELL CONSTRUCTION
REGULATIONS AND WELL CONTRACTOR REQUIREMENTS.
Prior to issuance of a Certificate of Occupancy for a project for which a
Building Permit was issued, where such project is related to the
installation of a new well, the Zoning Enforcement Officer or his or her
designee, shall verify the following information:
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a. The water well contractor that has completed the well(s) is registered
with the New York State Department of Environmental Conservation
(NYSDEC).
b. A copy of the well completion report(s) has been submitted to the
Town, and also to the NYSDEC and the water well owner.
c. The well installation is in compliance with the provisions of Appendix
5-B of the New York State Department of Health regulations (10
NYCRR Appendix 5-B) unless an applicable waiver or variance has
been issued by the New York State Department of Health or Tompkins
County Health Department.
In making such verification, the Zoning Enforcement Officer or his/her
designee may rely on information from the authorities having
jurisdiction cited in 10 NYCRR Appendix 5-B.
Section 714 - SOLAR ENERGY SYSTEMS [7-17]
i. ALL SYSTEMS.
a. Building Permits are required for all solar energy systems.
b. To the maximum extent practicable, solar panels must not obscure
architectural details or features.
c. No grid-tied solar energy system may be installed until the applicant has
submitted evidence that the utility company has been informed of the
customer’s intent to install an interconnected customer-owned generator as
well as documentation from said utility that it will connect the proposed
customer-owned generator into its power grid. Off-grid systems shall be
exempt from this requirement.
d. Solar Energy Systems that produce electricity primarily for active farming
or agricultural uses, where the generation is less than one hundred and ten
percent (110%) of the farm use, are exempt from Site Plan Review.
e. Installation of solar energy systems are prohibited in:
i. Required open space;
ii. Required buffers; or
iii. Park set-aside areas required as a condition of subdivision approval.
ii. BUILDING-MOUNTED SOLAR COLLECTION SYSTEMS
a. Building-Mounted Solar Energy Systems that use the electricity on-site or
off-site are permitted as an accessory use in all zoning districts, including
Planned Development Zones, when attached to any lawfully permitted
building or structure.
b. Building-Mounted Solar Energy Systems mounted on a flat roof may
project no more than 15 feet above the roof surface, and must be set back at
least 18 inches from the roof edge.
c. The highest point of a Building-Mounted Solar Energy System installations
on a sloped roof must not exceed the highest point of the roof to which it is
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attached as allowed by setback requirements.
iii. GROUND-MOUNTED SYSTEMS
a. All Ground-Mounted Systems.
i. Ground-mounted Solar Energy Systems are limited to a maximum
height of twenty (20) feet when system is oriented at maximum tilt from
horizontal.
ii. Ground-Mounted Solar Energy Systems are required to meet the
same setback requirements as any other principal building in the underlying
zoning district.
iii. Ground-Mounted Systems shall not be permitted in a front yard
unless the Applicant demonstrates that the rear yard locations will not result
in acceptable solar access.
iv. The horizontal surface area covered by Ground-Mounted Solar
Energy Systems must be included in total lot coverage and, when combined
with the coverage of other structures, the total area must not exceed the
maximum lot coverage or impervious surface permitted in the underlying
zoning district except that when the maximum impervious surface includes
a maximum area in addition to a maximum percentage, only the percentage
shall apply to Ground Mounted Solar Energy Systems. In Planned
Development Zones that do not reference underlying zoning, the maximum
lot coverage is 25%. For the interpretation of this section Solar shall be
considered impervious surface.
iv. SOLAR ENERGY FACILITIES
a. Solar collection devices are limited to a maximum height of twenty (20) feet
when system is oriented at maximum tilt from horizontal.
b. Solar collection devices must be located outside the minimum side yard and
rear setbacks of seventy-five (75) feet; the minimum front yard setback is
fifty (50) feet. The minimum setback to an inhabited structure on an
adjacent lot must be one hundred (100) feet.
c. The horizontal surface area covered by solar collection devices must be
included in total lot coverage and, when combined with the coverage of
other structures, the total area must not exceed the maximum lot coverage
as permitted in the underlying zoning district.
d. All appurtenant structures to Solar Energy Facilities, including but not
limited to equipment shelters, storage facilities, transformers, and
substations, must be architecturally compatible with each other. Whenever
reasonable, structures should be screened from view by vegetation and/or
joined or clustered to avoid adverse visual impacts.
e. Fencing to prevent unauthorized access may enclose Solar Energy Facilities
mounted on the ground. Warning signs with the owner’s name and
emergency contact information must be placed on any access point to the
system and on the perimeter of the fencing. Landscaping or planted buffers
required to avoid adverse aesthetic impacts, as approved by the Planning
Board, must further screen the fencing and the system.
f. Reasonable efforts, as determined by the Planning Board, shall be made to
place all utility connections for the Solar Energy Facility underground,
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depending on appropriate soil conditions, shape, and topography of the site
and any requirements of the utility provider. Electrical transformers for
utility interconnections may be above ground if required by the utility
provider.
g. Motion-activated or staff-activated security lighting around the equipment
area of a Solar Energy Facility or accessory structure entrance may be
installed provided that such lighting does not project off the site. Such
lighting should only be activated when the area within the fenced perimeters
has been entered.
h. A locked gate at the intersection of the access way and a public road may
be required to obstruct entry by unauthorized vehicles. Such gate must be
located entirely upon the lot and not on the public right-of-way.
i. Equipment and vehicles not used in direct support, renovations, additions
or repair of any Solar Energy Facility must not be stored or parked on the
facility site.
j. Solar Energy Facilities must not be located in the following areas, unless
otherwise approved by the Planning Board in conjunction with a Site Plan
Review process as provided in Article VIII:
i. Ten (10) acre or greater extents of actively-farmed prime agricultural
soils as identified by the United States Department of Agriculture-
Natural Resources Conservation Service (USDA-NRCS) or alternative
available resource.
ii. Areas of potential environmental sensitivity, such as Unique Natural
Areas as designated by the Tompkins County Environmental
Management Council; Critical Environmental Areas as designated by the
Town of Danby; one-hundred-year floodplains FEMA Zones A or AE;
adjacent to or within the control zone of any airport; state-owned lands;
properties encumbered by conservation easements; public trails;
parkland; or designated wetlands.
iii. On slopes of greater than fifteen percent (15%) unless the Applicant can
demonstrate through engineering studies and to the satisfaction of the
Town Zoning Enforcement Officer that the proposed development will
not create any adverse environmental impact that will not be
satisfactorily mitigated.
iv. Within the front yard, if any above-ground portion of the system is within
100 feet of a Public Highway right-of-way.
v. Within 100 feet of perennial streams and within 50 feet of intermittent
streams.
k. Abandonment and Decommissioning. The owner or operator shall
physically remove the installation no more than 150 days after the date of
discontinued operations. The owner or operator shall notify the Planning
Board by certified mail of the proposed date of discontinued operations and
plans for removal. To ensure the proper removal of Solar Energy Facilities,
a Decommissioning Plan must be submitted as part of the Application.
Compliance with this plan is a condition of the granting of a Site Plan
approval under Article VII, Section 808.
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1. The Decommissioning Plan must:
1) Specify that after the Solar Energy Facility can no longer be used or has reached
the end of its useful life, it must be removed by the Applicant or any subsequent
owner.
2) Demonstrate the removal of all solar panels, structures, equipment, security
barriers and transmission lines
3) Demonstrate the remediation of soil stabilization and/or re-vegetation of the
site as necessary to minimize erosion. The Planning Board may allow the owner or
operator to leave landscaping or designated below-grade foundations in order to
minimize erosion and disruption to vegetation.
4) Specify disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
5) Include an expected timeline for execution.
6) A cost estimate detailing the projected cost of executing the
Decommissioning Plan must be prepared by a Professional Engineer. Cost
estimations must take inflation into account.
2. Removal of Solar Energy Facilities must be completed in accordance with
the Decommissioning Plan. If the Solar Energy Facility is not decommissioned
after being considered abandoned, the municipality may remove the system and
restore the property and impose a lien on the property to cover these costs to the
municipality.
l. Financial Surety. An Applicant for a Solar Energy Facility shall provide a
form of surety, either through Development Escrow Agreement or bond, to cover
the cost of removal in the event the Town must remove the installation and
remediate the landscape, in an amount and in a form acceptable to the Town
Attorney but in no event to exceed more than 125 percent of the cost of removal
and compliance with the additional requirements set forth herein, as determined by
the Applicant. The Applicant shall submit a fully inclusive estimate of the costs
associated with removal, prepared by a qualified engineer. The amount shall
include a mechanism for calculating increased removal costs due to inflation or
changes to disposal regulations.
ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL
PROCEDURES.
Section 800 -– SITE PLAN REVIEW FOR APPLICATIONS FOR REZONING.
Before an application is submitted to the Town Board for rezoning or the establishment of
a Planned Development Zone or a Mobile Home Park Zone, the establishment of which
may be permitted under this OrdinanceLocal Law, the applicant shall proceed as follows:
1. At the option of the applicant, the applicant may request a conference with either
the Planning Board or the Town Board to informally explore the applicant's
proposal. The applicant may submit a sketch or other preliminary information for
the board's consideration and reaction. No decision will be made by either board
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and the sole function of the conference is to provide a forum early in the process to
determine whether the circumstances are such that the application would not likely
be successful. Regardless of the reaction of either board, the applicant is entitled
to proceed with an application in accordance with the formal procedures set forth
below.consider the matters and applications at hand.
2. [2-10] The applicant will submit a general site plan to the Planning Board which
shall show (unless one or more items are waived by the Planning Board) property
lines, including metes and bounds, adjacent public streets, topography, size and
location of existing or proposed structures, structures including the percentage of
impervious surfaces before and after proposed development; details regarding the
storage, distribution, generation, use, and/or treatment of any petroleum,
hazardous wastes, hazardous or toxic substances, or radiological substances;
projected average daily water demands [8-16] and the applicant shall submit such
other plans and information and any other features deemed reasonably necessary
by the Planning Board for adequate study of the proposed plan. The application
shall also include any documentation required to comply with the New York State
Environmental Quality Review Act. Whenever any site plan is required by the
Town’s Stormwater Local Law to have any temporary or permanent Stormwater
Management Practices or to submit any type of SWPPP, whether any waiver is
granted or otherwise under such Stormwater Local Law, the site plan shall also
show the location, size and function of all Stormwater Management Practices.
Additionally, any owner or applicant shall also submit, prior to any consideration
of a final approval for any site plan, a SWPPP that has been approved under the
Stormwater Local Law and such Maintenance Agreements, management plans,
Dedications, or other documents or things as may be requested or required by the
Planning Board, including, but not limited to, information relating to compliance
with the Stormwater Local Law and all information relating to any SPDES permits
applied for, to be applied for, or already issued.[2-10].
3. The Planning Board may require such changes in the general site plan as are
necessary to meet the requirements of this OrdinanceLocal Law and may make any
other recommendations which it deems necessary to promote the general health,
safety, morals and the general welfare of the community. The Planning Board shall
then adopt a resolution recommending to the Town Board approval, approval with
modifications, or disapproval of the proposed plan. Before any such resolution is
adopted, the Planning Board shall hold a public hearing which shall be heard by the
Planning Board within 62 days of the filing of the completed application with the
Planning Board. For this purpose, and notwithstanding the terms of Town Law and
the State Environmental Quality Review Act and regulations thereunder, an
application shall be deemed preliminarily complete upon receipt of all required
application materials including SEQR forms needed to determine the
environmental significance of the proposed action. If the Planning Board
determines the proposed action may have a significant environmental impact, such
application shall no longer be deemed complete until receipt of a final
environmental impact statement and until all related SEQR proceedings are