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HomeMy WebLinkAboutBackground and General Intent Ordinance 03-20-19733/20/73 PREFACE This preface is raeant to be a guide to acquaint the reader with the purpose and intent of this Ordinance, Each major section of the Ordinance will be discussed with the objective of clarifying the intent of the official text. Background and General Intent ^ The first Zoning Ordinance of the Town of Ithaca was enacted in 1954 and revised in 1960 and 1960, As amended, the Town of Ithaca Zoning Ordinance is based on the Ithaca Urban Area General Plan completed in 1959, There have been significant changes in highway location and building design since 1959 which have necessitated some changes from the General Plan to meet present conditions. Large areas of the Town of Ithaca are still undeveloped. It is the purpose of this revised Ordinance to be flexible enough to permit imaginatively designed development while at the same time restrictive enough to prevent uncontrolled development. The Town of Ithaca, in the formulation of this revised Zoning Ordinance, has taken into consideration the following facts: 1. The Town of Ithaca forms a horseshoe surrounding the City of Ithaca on three sides. Within the City of Ithaca extensive areas are presently zoned for commercial and industrial use, 2, The Town of Ithaca is bounded on the Worth, on the East side of the Lake, by the Town of Lansing, In the immediate vicinity of the boundary with the Town of Ithaca there is extensive multiple residence Preface - Page Two 3/20/73 and comraercicl development, 3. The Village of Cayuga Heights is totally within the Town of Ithaca, The Village contains a substantial commercial development and some multiple residence v/ithin one-half mile of the Town of Ithaca boundary. Neighborhood Concept Because of its unique topography, the Town of Ithaca can be thought of as a group of six separate neighborhoods. Each of these areas is defined on the map which is a part of this Ordinance, The purpose in defining neighborhoods is to be able to plan for public facilities and to apply this Zoning Ordinance with some regard for the different conditions which exist in each of these areas. It is intended that the residents of each neighborhood shall have access to adequate shopping facilities without having commercial areas conflicting with the residential environment* The six Town of Ithaca neighborhoods are as follows: 1, Renwick Heights 2, Northeast Ithaca 3, East Ithaca 4, South Hill 5, Elmira Road Area 6, West Hill Residence It is the intent of the residence provisions in this Ordinance to make possible a mix of residential uses in each neighborhood, including single family, single family cluster, multi-family, and mobile home parks. However, it is the intent of this Ordinance ^Preface - Page Three 3/20/73 to permit high density residential development (multi-family dwelling and mobile home parks) only in reasonable proportion to the low density residential (one or two family and clustered dwelling units). It is intended that when the number of high density residential units either built or approved in any neigh borhood approaches 35?. of the number of low density residential units either built or approved that no additional high density units will be permitted in that neighborhood until sufficient low density units are built to allow additional high density units. An up-to-date listing of the number of dwelling units by type in each neighborhood either built or approved is available in the Town Officesi In this context, College and University dormitories are not considered dwelling unitsi In an R-1 District each house which is on a lot of 15^000 square feet or more may have an apartment attached to the main dwelling unit. This Ordinance provides that the apartment be a maxinnim of one-half the size of the main dwelling unitf It is intended that the owner of the property reside in the main dwelling unit# It is intended that units which are to be used exclusively for rental purposes should be built in either single family cluster (R-1 Cluster) or multiple residence (R-2) districts# Land zoned R-1 is intended for residential use and not for agricultural purposes# Certain agricultural uses, such as the growing of crops, are compatible with residential uses, but other uses such as the keeping of livestock herds clearly Is not compatible. It is Intended that if at some time in the future there Is a conflict between agricultural and residential uses in ' Preface - Page Four 3/20/73 R-1, the residential will be considered the primary use. Single Family Cluster Housing When an application is made for a single family cluster subdivision, then the one or two family cH7elling unit on separate lots concept is not relevant. The important consideration is overall density. This Ordinance provides that no more than 3,5 dwelling units per gross acre will be allowed in single family cluster subdivisions. Home ownership versus renter becomes less relevant in a cluster subdivision where home owners' associations may be operative. This Ordinance provides for a maximum of four dwelling units in each structure in single family cluster subdivisions and that such structures must be at least 25 feet apart. Any cluster housing plan must make provisions for the permanent maintenance of the open space Multiple Residence Districts It is the intent of this section to permit the construction of multiple residence units in the established proportion.to single family residences. Before new multiple residences are permitted in any neighborhood of the Town it must be shown: 1, That adding the proposed number of high density units to the neighborhood will not exceed the permitted ratio of high density to low density residential in that neighborhood, and 2. That the proposed development will not create a danger to public health and/or safety because of severe congestion on Town, County, or State roads or because of increased or accelerated surface water Preface - Page Five 3/20/73 runoff. Mobile Hone Park Districts (R-3) This section perr.iits the construction of mobile home parks in the Town of Ithaca, This Ordinance prohibits the placement of mobile homes anywhere in the Town of Ithaca except in Mobile Home Parks. The minimum size for a mobile home park is ten acres. Before a mobile home park district is approved, the sane conditions niust be pet with regard to the high density versus low density residential and danger to public health and/or safety mentioned in the section on multiple residences. Planned P.esidential Development It is the intent of this Zoning Ordinance to encourage planned residential development to minimize conflicts that may arise from an unplanned combination of high and low density residential. Before a Planned P-esidential Development is approved, the same conditions must be met with regard to the high density versus low density residential and danger to public health and/or safety mentioned in the sections on multiple residences and mobile home park districts. Planned Unit Development District A complete planned community involving residential, commercial and industrial land use may be considered in areas of the Town where sufficient undeveloped land and public services (water and sewer) are available and there is sufficient population to support such a large scale development. .r' f-isc Preface - Page Six 3/20/73 Business Districts Business District A is intended for use as small neighborhood business areas. Any use which is not compatible with residential land uses or would create severe traffic congestion will not be allowed in this district. Business District B, however, is con sidered to be for large shopping centers. Since this type of business niaj?' generate large volumes of traffic. Business B districts will be considered only along existing or planned primary highways. Because of the existence of three large shopping centers within close proximity to the Northeast area, a shopping center in East Ithaca and large areas of land zoned for two shopping centers on South Hill, it is the intent of this Ordinance that no additional land be zoned Business B unless it can be shovm that (1) the proposed facility carmot be accommodated in an existing business zone, and (2) there is a need for additional business of the type proposed. Industrial There are two existing light industrial and one existing heavy industrial district in the Town of Ithaca, It is the intent of this Ordinance that no additional areas be rezoned to industrial unless it can be clearly demonstrated that a proposed industrial plant cannot fit into an already existing industrially zoned area without undue hardship. Agricultural It is the intent of this section to remove from farm land the pressures of development and to prohibit the uncontrolled development of ^ r- V Preface - Page Seven 3/20/73 agricultural land for residential purposes. In the past, lots in agricultural zones fronting on the major streets have been sold for residential use. This has created large Interior tracts of land which become Inaccessible from established roads. Future residential development may take place provided that the agricultural land is rezoned and a subdivision is approved. Land zoned agricultural is intended for Agricultural purposes, not residential. If a conflict should arise in an agricultural zone between the agricultural use and a residential use, then the agricultural use is considered the primary use. Public Use Districts (P-1) The intent of establishing a P-1 District is to recognize formally the existence of land owned by tax exempt, non-profit Institutions In the Town of Ithaca. Over 25% of the land In the Town of Ithaca Is owned by tax exempt organizations, such as Cornell University, Ithaca College, Finger Lakes State Park Commission, Tompkins County and the City of Ithaca. Land in this category is generally not used for residential purposes (except for dormitories), commercial or industrial purposes and hence Is designated Public Use. The purpose of Planning Board review of building plans In a P-1 District Is to ascertain If there will be any adverse Impact on adjacent properties. The Planning Board may make such reasonable requirements of a tax exempt organization as are needed to Insure the health, safety and environmental protection of Town of Ithaca residents.