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HomeMy WebLinkAbout1954 Zoning Ordinance and Ammendments ZONING ORDINANCE TOWN OF ITHACA, NEW YORK Effective - October 25th, 1954 For the purpose of promoting the health, safety, morals, or the general welfare of the community, and to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of popu- lation, to facilitate the adequate provision of transportation, water, sewer- age, schools , parks and other public requirements, under and pursuant to the Laws of the State of New York, the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, are hereby restricted and regulated as hereinafter provided. ARTICLE I SECTION 1 . Definitions . For the purpose of this ordinance certain words and terms shall have the following meaning unless the context otherwise re- quires . 1 . Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure"; and the word "occupied" includes the words "designed or in- tended to be occupied"; the word ' ised" includes the words "arranged, designed or intended to be used"; and the word "he" includes "it" and "she" . 2 . A "lot" is a parcel. of land occupied by one or more principal buildings and the accessory buildings for uses customarily incident to it, including such open spaces as are used in connection with such buildings . 3. A "lot line" is property boundary line of a lot. 4. The "lot area" shall not include any portion of a public highway right- of-way that may be included within deed description of the lot. 5. A "family" is any number of persons of recognized family relationship maintaining a common household, including domestic help. 6. A "dwelling" is a building used for habitation by one or more families. 7. A "rooming house" is a building other than a motel or a hotel where more than two (2) persons are lodged for hire or where rooms for more than two (2) persons are offered for hire. 8. A "tourist house" is the same as a rooming house. 9. A "hospital" is an establishment for temporary occupation by the sick or injured for the purpose of medical treatment, but does not include an es- tablishment for permanent occupation by the poor, infirm, incurable or insane. 10. A "nursing or convalescent home" is a building other than a hospital where persons, except insane, feeble-minded, drug or liquor patients, are lodged, furnished with meals and nursing care, for hire. 11 . A "front yard" is the required open space between the street right-of- way line and the front line of the principal building (exclusive of overhanging eaves and other permissable projections) extended to the side lines of the lot. -2- 12. A "rear yard" is the required open space between the rear lot line and the rear line of the principal building (exclusive of overhanging eaves and other permissable projections) extended to the side lines of the lot. 13. A "side yard" is the required open space between the principal building (elusive of overhanging eaves and other permissable projections) and a side lot line and extending through from the front yard to the rear yard. 14. An "accessory building" is a building subordinate and clearly incidental to the principal building on the same lot and used for purposes customarily inci- dental to those of the principal building. 15. A "non-conforming use" is a use of land existing at the time of enact- ment of this ordinance which does not conform to the zoning regulations of the dis- trict in which it is situated. 16. A "farm" is a plot of land that exceeds one acre and is used for: a. Tillage of land to produce food or fiber to be consumed directly or indirectly by humans or domestic animals or fowl. b. Grazing of land and its crops to feed domestic animals or fowl, c . Rearing of poultry in confinement for meat or eggs . 17 . A "Street Line" is the limit of the right of way of a street, road or highway. ARTICLE II ESTABLISHMENT OF DISTRICTS SECTION 2. Districts . For the purpose of this ordinance the Town of Ithaca is hereby divided into five (5) types of districts as follows: Residential Districts Industrial Districts Agricultural Districts Light Industrial Districts Said districts are set forth on the map accompanying this ordinance, en- titled Zone Map, dated July 1, 1954, and signed by the Town Clerk. Said map and all explanatory matter thereon is hereby made a part of this ordinance. And that the article hereinafter set forth entitled Light Industrial District, and designated Article 6-A be and the same is added to the Zoning Ordinance of the Town of Ithaca. -3- AR TICLE 6-A LIGHT INDUSTRIAL DISTRICT SECTION 1 . Use and Development: Light Industrial Districts shall develop only with the approval of the Planning Board. On application, supplementing an application.to the Building Inspector for a building permit or certificate of occupancy, the Planning Board may grant a permit for the use and development of a Light Industrial District. In granting such a permit, the Board may specify appropriate conditions and safeguards in harmony with the following rules and standards: a. The use shall be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent dis- tricts . b. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site: layout, and its relation to streets giving access to it shall be such that traffic.to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In apply- ing this standard the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thorough- fares and to street and road intersections, and the general character and intensity of development of the neighborhood. c . The location and height of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or disaoi rage the proper development and use of adjacent land and buildings or impair the value thereof. d. The Planning Board shall hold a public hearing on the application before a permit is granted. The Board may deny such permit if the proposed use fails to meet the specified standards . SECTION 2 . Specific Standards and Procedures: Plot and Landscaping Plans . Plot plans for placement and relation of build- ings and for landscaping the area to be developed must be submitted to and ap- proved by the Planning Board before a building permit may be issued; and the developer shall be bound by these plans . The portion of the lot area occupied by the principal building shall be no more than 30% of the lot area Yard RegulatIons Buildings must be set back at least 150' from the road right of way, and the intervening area must be graded and seeded and landscaped with shrubs . The side yard must be at least 60' wide and the back yard at least 20' deep. Parking Lots . Parking lots shall be located at the side or back of the building or buildings, and shall have stone, black-top, or other surface which will not produce dust. The area allowed for parking shall be one parking space for each three employees. Signs . No more than two identifying signs may be constructed; each shall be limited to 50 square feet in area. They must be landscaped to harmonize with the surroundings . Buildings . Buildings shallnot exceed one story cr 25' in height. Access to Highway. Placement, size, and arrangement of access to the highway shall be subject to the approval of the appropriate highway authority. The access road shall be of stone, black top or other surface which does not produce dust. -4- Sidewalks . Where density of population makes it desirable, or where school- bus routes adjoin such Light Industrial Districts, paved sidewalks shall be in- stalled by the applicant, with the approval of the Planning Board and of the appropriate highway authority. Uses . Uses shall be restricted to light manufacturing, employing electricity of other unobjectionable motive power, utilizing hand labor and/or unobjection- able machinery and processes . No use shall be permitted which would be offen- sive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust, or other objectionable features, or be hazardous to the community on account of fire or explosion or any other cause. When performance standards are de- veloped, such performance standards may be substituted in accordance with the laws of the Town Board, for the above-mentioned restrictions. SECTION 3. District Boundaries . Where uncertainty exists with respect to the exact boundaries of the various districts as shown on the Zone Map, the following rules shall apply: 1 . The district boundaries are lot lines unless otherwise shown, and where the designation on the Zone Map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary. 2. Distances shown on the Zone Map are perpendicular or radial distances from street lines measured back to the zone boundary line, which lines, in all cases where distances are given, are parallel to the street line. 3. Where the boundary of a district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Ithaca, unless otherwise designated. 4. In other cases the boundary line shall be determined by use of the scale on the Zone Map. ARTICLE III RESIDENCE DISTRICTS SECTION 4. Use Regulations. hi Residence Districts no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes: 1 . Dwelling 2. Church or other place of worship; convent, parish house, Sunday School building. 3. Public library or public museum; public school, parochial school, nur- sery school, school operated by a non-stock corporation under the education laws of the State, any institution of higher learning including dormitory accom- modations 4. Publicly owned park or playground including accessory buildings and improvements . 5. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. -5- 6. Golf course, except a driving range or a miniature golf course operated on a commercial basis, provided that no building shall be nearer than one hundred (100) feet from any lot line. 7. Garden, nursery, or farm, except a hog farm where the principal food is garbage Usual farm buildings are permitted„ provided that a. Any building in wh,lch farm animals are kept shall be at least one hundred (100) feet from any lot line or street right of way. b. No manure shall be stored within one hundred (100) feet of any lot line or street right of way. 8. Any municipal or public utility purpose necessary to the maintenance of Utility Services except that substations and similar structures shall be sub- ject to the same set-back requirements as apply to residences in the District in which the substations or similar structures are constructed. 9. Rooming houses, tourist houses, fraternity or sorority houses . 10. Hospital or sanitarium for the treatment of human beings, other than the insane, feeble-minded, epileptic, drug or liquor patients, provided that no building so used shall be within one hundred (100) feet of any street or within one hundred and fifty (150) feet of the lot line of any adjoining owner . Nursing or con- valescent homes, or medical clinics but only on special approval of the Board of Appeals . 11 . Cemetery and the buildings and structures incident thereto, but only on special approval of the Board of Appeals . 12. A roadside stand for the display and sale of farm products . Any such stand shall be set back from the highway a sufficient distance to permit off-the- highway parking and in no case shall be nearer than fifteen (15) feet from the right-of-way line. 13. Club or lodge operated by membership organizations for the benefit of their members. 14. Not more than two signs in connection with each of the above uses, pro- vided that such sign shall be on the lot and shall not exceed twelve (12) square feet in area, and further provided thatany illumination thereof be so shielded that it illuminates only said sign. 15. Such accessory uses as are customarily incidental to the above uses, subject to the provisions of Section 5 and 6. SECTION 5. Accessory Uses . Permitted accessory uses in Residence Dis- tricts shall include the following: 1 . The office of"a resident doctor, , dentist, musician, engineer, teacher, lawyer, artist, architect or member of other recognized profession, where such office is a part of the residence building. 2. Customary home occupation, such as dressmaking, hairdressing, launder- ing, homecooking, or a manual or mechanical trade, all conducted by a resident in the building, provided that no goods or products are publicly displayed or offered for sale, and further provided that no offensive noise, odor, or dust are created. • -6- 3. Off-street garage or parking space for the occupants, users, and em- ployees in connection with uses specified under Section 4, but subject to provisions of Section 36. 4. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area, Stich building may not be continued for more than one year except upon special approval of the Board of Appeals . 5. Accessory buildings subject to provisions of Section 6. 6. The keeping of domestic animals or fowl in accessory buildings, pro- vided that no such building shall be nearer than thirty (30) feet to any lot line of any adjoining owner . SECTION 6. Accessory Buildings . In Residence Districts, accessory build- ings other than garages may not occupy any required open space other than a rear yard. Any accessory building may occupy not more than forty (40) per cent of any required rear yard and .shall be not less than three (3) feet from any side or rear lot line, except that a private garage may be built across a common lot line witha party wall by mutual agreement between adjoining property owners. An accessory building on a corner lot shall not be less than five (5) feet from the rear lot line. Accessory buildings shall in no case exceed fifteen (15) feet in height. Where the natural slope of the ground exceeds eight (8) per cent rise or fall directly from the street line, a private garage, not over one story in height and housing not in excess of two cars, may be located in the front yard not less than five (5) feet from said street line, On a corner lot no accessory building may be nearer the side street line than the required front yard depth on the side street. SECTION 7. Yard Regulations. In Residence Districts , yards of at least the following dimensions are required. Front Yard - Not less than the average depth of the front yards of buildings on lots immediately adjacent, Normally the front yard depth "Setback" shall not be less than twenty-five (25) feet or need it be greater than fifty (50) feet, Rear Yard - Not less than thirty (30) feet in depth. Side Yards - Each not less than ten (10) feet in width, except that in one of the side yards, a one-story garage, either attached to the principal building, or separate therefrom, may be 7 feet from a side line which is not a street line. Special yard requirements for specific uses as established by Section 4 are required. SECTION 8. Building Coverage . No building or buildings on a lot, includ- ing accessory buildings , shall be erected, altered, or extended to cover more than 25% of the lot area. Projections described in Section 33 are not to be included in computing the percentage . -7- SECTION 9. Size of Lot. Lot sizes in residence districts shall meet the following depths and widths at the front yard set back 1 . When no public water or sewer is available, the minimum width shall be 100' and the minimum depth 150' . 2. When the public water or sewer is available, the minimum width shall be 80' and the minimum depth 150' except that the depth may be reduced to a minimum of 120' provided that the lot area shall be not less than 12 , 000 sq. ft. 3. When both public water and sewers are available, the minimum width shall be 60' and the minimum depth shall be 150' except that the depth may be reduced to a minimum of 120' provided that the lot area shall be not less than 9 , 000 sq ft. SECTION 10. Special Properties . In the case of publicly owned properties, properties of Universities , Colleges, cemeteries , or other private institutions , located in Residence Districts, and each such property comprising at least a normal size city block in area and being traversed by interior roads or driveways, the front and side yard requirements of Section 7 shall apply only along the exterior public street frontages and there shall be no rear yard requirement. ARTICLE IV BUSINESS DISTRICTS SECTION 1 1 . Use Regulations . In Business Districts no building shall be erected or extended and no land, or building or part thereof shall be used for other than one or more of the following uses: 1 . Any use permitted by Section 4. 2. Retail store. 3. Auto sales agency. 4 Business or professional office. 5 . Restaurant or other place for the serving of food but only on special approval of the To*n Board. In granting 'apprwal--the To in Board shall determine that a need for such use exists for the c`o'fivenience of the neighborhood and the general welfare of the community will be served. 6. Bank or other financial institution. 7 . Gasoline sales station, garage for light repairs , provided that no auto- mobile repair work, except emergency work, be carried on out of doors . 8. Tourist cabins , motel, hotel. 9. Place of business of the following and similar business that may be con- ducted without unreasonable noise, odors or disorder , provided that any manufacture or processing of goods on the premises is clearly in- cidental to a retail business conducted on the premises: • -8- Baker Hand Laundry Barber Manicurist Caterer Milliner Cleaner Optician Confectioner Photographer Decorator Printer Dressmaker Shoe shiner. , shoemaker or repairer Dyer Tailor Florist Telegraph and telephone office Furrier Undertaker Hairdresser Upholsterer 10. Billboard, sign or advertising device. SECTION 12. Yard Regulations . In Business Districts, yards of at least the following dimensions must be provided: Front Yard -- twenty-five (25) feet in depth, subject to pro- visions of Section 39. Rear Yard -- twenty (20) feet in depth. Side Yards -- each ten (10) feet in width. SECTION 13. Lot Area. In Business Districts no dwelling, building or buildings, including accessory buildings, used in whole or in part for dwelling purposes shall be erected, altered or extended to cover more than 25% of the lot area. SECTION 14. Building Coverage , In Business Districts non-dwelling buildings shall not cover more than forty (40) per cent of the lot area ARTICLE V INDUSTRIAL DISTRICTS SECTION 15. Use Regulations , In Industrial Districts buildings and land may be used for any lawful purposes except that the following trades and indus- tries or uses may be permitted only upon special approval of the Board of Appeals: Acid Manufacture Alcohol Manufacture Ammonia, bleaching powder or chlorine manufacture Ar s enal Asphalt manufacture or refining Automobile Wrecking Bag Cleaning, Blast Furnace Boiler Works Bottled Gas Storage Brick, tile or terra cotta manufacture Candle Manufacture Celluloid Manufacture Cement, lime, gypsum, or plaster of paris manufacture Central mixing plant for cement, mortar , plaster or paving materials . -9- Coke oven Creosote treatment or manufacture Disinfectants Manufacture Explosives manufacture or commercial storage Extermination and insect poison.. manufacture Emery cloth and sandpaper manufacture Fat Rendering Fertilizer Manufacture Garbage , offal or dead animal reduction or dumping Gas manufacture or storage Glue Manufacture Hog Farm Iron, steel, brass or copper foundry Lamp Black Manufacture Match Manufacture Oilcloth or linoleum manufacture Paint, oil, shellac, turpentine, or varnish manufacture Paper and pulp manufacture Petroleum products refining or reclaiming Planing mill (except a small wood-working plant Potash works Pyroxylin manufacture Rolling Mill Rubber or gutta percha manufacture or treatment Sauerkraut Manufacture Shoe polish manufacture Smelting of metal ores Soap Manufacture Soda and compound manufacture Stock feeding pen except on a farm Stockyards or slaughter of animals Stone crusher or quarry Storage of gasoline, oil, or other inflammable liquids except for purposes of immediate retail or private consumption Storage or baling of rags, scrap paper, scrap metal or junk including automobile parts or building materials salvage yards Stove polish manufacture Tanning, curing, or storage of raw hides or skins Tar roofing, or waterproofing manufacture Vinegar Manufacture Wool Pulling Yeast Production Any trade, industry or use that is so noxious or offensive by reason of emission of odor , dust, smoke, fumes, noise or vibration as to be dangerous to public health and safety. SECTION 16. Yard Regulations . In Industrial Districts no yards are required except as provided in Sections 28 and 30. SECTION 17 . Residence Prohibited. In Industrial Districts no building or land shall be used for dwelling purposes. -10- AR TICLE VI AGGRICULTURAL DISTRICTS SECTION 18. Use Regulations . In Agricultural Districts buildings and land may be used for any lawful purpose except that any use listed in Section 15 may be carried on only by special approval of the Board of Appeals ARTICLE VII NON-CONFORMING USES SECTION 19 . Continuation of Existing Uses. Except as provided in Sections 20, 21 , 22, 23 and 41 , any use of land, or a building or part thereof, existing at the time that this ordinance becomes effective,rraybe continued, although such building or use does not conform to the provisions thereof. SECTION 20. Abandonment of Use. When a non-conforming use has been abandoned for a period of at least one year, it shall not thereafter be re-estab- lished, and the future use shall be in conformity with the provisions of this ordi- nance, except that a non-conforming use that ceases to operate because of a national emergency or because of government restrictions, may be resumed with- in a period of one year from the time that such emergency terminates or such re- strictions are removed. SECTION 21 . Alterations . No non-conforming building shall be extended except as authorized by the Board of Appeals . SECTION 22 . Changes . A non-conforming use may be changed to another non-conforming use of the same or more restrictive classification, and when so changed to a more restrictive use, it shall not again be changed to a less restric- tive use . The order in which the various districts are named in Section 2 shall be taken as the order of the classification of restrictiveness from the most restrictive to the least restrictive. SECTION 23. Restoration. Nothing herein shall prevent the substantial restoration within six (6) months and continued use of a non-conforming building damaged less than seventy-five (75) per cent of the replacement cost of such building immediately prior to such damage, by fire, flood, earthquake, act of God, or act of the public enemy. The time limit may be extended by the Board of Appeals in cases of practical difficulty or unnecessary hardship. ARTICLE VIII GENERAL PROVISIONS SECTION 24. Existing Lots . Other provisions of this ordinance notwith- standing, nothing shall prohibit the use for a single family dwelling of a lot of deed record at the time of passage of this ordinance, of less than the required size of lot in any district except an Industrial District, provided that all the other provisions of this ordinance are complied with. SECTION 25 . Farms . Regardless of the district in which a farm may be located, compliance only with the provisions of Section 18 shall be required. Farm property converted to other uses shall thereupon become subject to the requirements of the district in which it is located. • - 11- SECTION 26, Building Floor Area. No dwelling in any district shall be erected or altered so as to provide for less than four hundred and fifty (450) square feet of enclosed floor area. For the purpose of this ordinance, an auto- mobile house trailer used for residential purposes, whether on wheels or other- wise supported, shall be considered a dwelling provided, however, that in Residence Districts the use of such trailer for dwelling purposes shall not con- tinue for a period in excess of eighteen (18) months, unless such period be extended by the Town Board, and further provided that if the Town. Board adopts a separate ordinance regulating the licensing of trailer camps, trailers com- plying with the provisions of such ordinance shall be excepted from the require- ments of this section. SECTION 27 . Junk Yards . Any area used for the storage of rags, scrap paper, scrap metal, or junk, including automobile parts or building materials salvage yards, shall be completely enclosed by a substantial and solid fence with openings only for ingress and egress. Such fence shall be at least six (6) feet high and shall be no nearer than twenty-five (25) feet from any public highway right-of-way lie. . There shall be no storage outside the fence. Any such junk yards existyng at the time of enactment of this ordinance shall comply with these requirements within one (1) year of such date. SECTION 28. Front Yard Transition. Where an Industrial District abuts a Residence District on a street line, there shall be provided for a distance of fifty (50) feet from the district boundary line into suchaidustrial District, a front yard equal in depth to one-half the required front yard in the Residence District. SECTION 29. Side Yard on Corner Lot. On a corner lot in a Residence or Business District, the yard width on the side street shall be at least one- half the required front yard for adjoining properties on the side street, but in no event less than ten (101 feet. SECTION 30, Side and Rear Yard Transition. On every lot ina Business or Industrial District that abuts directly on a Residence District, there shall be provided a yard of at least ten (10) feet in width on such lot along the line or lines where it abuts such Residence District. SECTION 31 . Porches and Carports . In determining the percentage of building coverage or the size of yards for the purpose of this ordinance, porches and carports, open at the sides but roofed, shall be considered a part of the building. SECTION 32. Fences and Walls. The provisions of this ordinance shall not apply to fences, or wars not over six (61 feet high above the natural grade, nor to terraces, steps, unroofed pooches, or other similar features not over three (3) feet high above the level of the floor of the ground story. SECTION 33. Projections in Yards. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of sills, belt courses, pilasters, leaders, chimneys, cornices, eaves and ornamental features, provided that no such projection may extend more than two (2) feet into any required yard. Bays, including their cornices and eaves, may extend not more than two (2) feet into any required yard provided that the sum of such pro- jections on any wall shall not exceed one third the length of such Wall. -12- An open fire balRony or fire escape may extend not more than four (4) feet into any required yard. SECTION 34 , Reduction of Lot Area. Whenever a lot upon which stands a building is changed in size or shape so that the area and yard requirements of this ordinance are no longer complied with, such building shall not thereafter be used until it is altered, reconstructed or relocated so as to comply with these require- ments . The provisions of this Section shall not apply when a portion of a lot is taken for a public purpose . SECTION 35„ More than one Building on a Lot. When there is more than one principal building on a lot in any district the space between such buildings must be at least equal to the sum of the side yards required by such buildings or the sum of the rear and the front yards as the case may be. SECTION 36. Parking Facilities . Every building housing or designed to house more than two families shall provide in connection with it and on the same lot garage space or offstreet parking space for automobiles equivalent to the number of dwelling units provided in such dwellings. No automobile parking area shall be included inany required front yard, except for a lot with a single dwelling housing not more than two families . Every use listed below shall provide in connection with it off-street parking facilities as noted below: 1 . School or other educational institutions -- two spaces for each class room. 2. Hospital, sanitarium or nursing or convalescent home -- one space for each two (2) beds . 3 . Theater -- one space for each eight (8) seats 4. Bowling Alley -- three (3) spaces for each alley. 5. Roller skating rink, dance hall, or similar places of amusement -- one space for each two hundred (200) square feet of floor space. 6. Rooming house or tourist house -- one space for each room offered to rent. 7 . Fraternity or sorority house or membership club -- one space for each four (4) beds, or one space for each five (5) members, whichever figure is larger . SECTION 37 . Location of Certain Activities. Other provisions of this ordinance notwithstanding, the following uses or activities shall not be permitted nearer to any Residence District than the following specified distances: 1 . Garage or shop for the painting of automobiles or for the repairing of automobile bodies or fenders involving hammering or other work causing loud or unusual noise or fumes or odors -- two hundred (200) feet. 2 . Animal hospital, kennel, or place for the boarding of animals -- one hundred (100) feet.. 3. Theater, dance hall, bowling alley, skating rink -- two hundred (200) feet. -13- 4. Any use listed in Section 15 -- three hundred (300) feet. SECTION 38. Extraction of Natural Products. In any but an Industrial or Agricultural District, no sod, loam, sand, gravel, or quarried stone shall be re- moved or offered for sale, except when incidental to, or in connection with, the construction of improvements on the lot or of a public work, or when the material is located in excess of 300 feet from the nearest public highway frontage. SECTION 39. Public Garages and Gasoline Sales Stations . 1 . No part of any building used as a public garage or gasoline service station and no filling pump, lift or other service appliance shall be erected within twenty (20) feet of any Residence District. 2. No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance installed in connection with any gasoline sales station or public garage shall be within fifteen (15) feet of any street line or highway right-of-way line, and when so installed shall not be a violation of front yard requirements specified elsewhere in this ordinance. SECTION 40. Approval of County Health Department. No building permit or certificate of occupancy issued under the terms of this ordinance 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 Ordinance. SECTION 41 . Abandoned Cellar Holes and Buildings . Within one year after work on any excavation for a building has begun, any excavation for a building shall be covered over or refilled by the owner to the normal grade. Any building substantially destroyed by any cause shall be rebuilt or demolished within one year . Any excavation or cellar hole remaining after the demolition or destruction of a building from any cause shall be covered over or filled by the owner within one year . ARTICLE IX ADMINISTRATION SECTION 42. Enforcement. This ordinance shall be enforced by a person designated by the Town Board who shall in no case, except under a written order of the Board of Appeals, grant any building permit or certificate of occupancy for any building or premises where the proposed construction, alteration or use thereof would be in violation of any provision of this ordinance. SECTION 43. Building Permit. No principal building in any district except in an Agricultural District shall be begun or extended without a building permit issued by the person designated by the Town Board. This waiver of the building permit requirement in Agricultural Districts shall in no case relieve the property owner from compliance with other provisions of this ordinance. No such permit shall be issued, except on written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this ordinance. Every application for a building permit shall state in writing the intended use of the building and shall be accompanied by a plot plan with all dimensions shown indicating the size and shape of the lot and buildings . - i4- Every application for a building permit shall be accompanied by a fee of two dollars and fifty cents ($2 . 50) for a principal building and one dollar ($1 . 00) for an accessory building. Unless there has been substantial progress in the work for which a building permit was issued, said building permit shall expire one year from the date of issue . SECTION 44. Certificate of Occupancy. Each property owner shall be re- sponsible for compliance with all terms of this ordinance affecting his property, including restrictions on change of use. Upon application and inspection or ex- planation satisfactory to the person designated by the Town Board, such property owner shall be entitled to a Certificate of Occupancy certifying that the occupancy or proposed occupancy complies with this ordinance. SECTION 45, Board of Appeals . There is hereby established a Board of Appeals which shall function in the manner prescribed by law. The members of the Board of Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as pre- scribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner . The Board of Appeals shall choose its own chairman and vice-chairman, who shall preside in the absence of the chairman. In the absence of both the chairman and vice-chairman, the Board of Appeals shall choose one of its num- ber as acting chairman. Such chairman, or the party acting in his stead daring his absence, may administer oaths and compel the attendance of witnesses . The Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records . The Board of Appeals shall adopt from time to time such rules and re- gulations as it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance therewith. Any person aggrieved by any decision of any officer of the Town charged with the enforcement of this ordinance may take an appeal to the Board of Appeals . The Board of Appeals shall, in accordance with the provisions herein- after contained in this Section, hear and determine appeals from any refusal of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance . Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinan^e, the Board of Appeals shall have the power,in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done. The Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to pass by the terms of this ordinance. - 15- In deciding such matters referred to it by the Terms of this ordinance, the Board of Appeals shall give consideration to the promotion of the health, safety, morals or general welfare of the community in harmony with the general purpose and intent of this ordinance. In granting special approval where authorized in this ordinance, the Board of Appeals shall determine that a need for the use in question exists and that the convenience and prosperity of the community will be served and that neighboring persons and property will not be adversely affected. SECTION 46. Violations and Penalties, Any person, firm, corporation or other violating any provision of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be subject to a fine or to imprison- ment as provided by law. SECTION 47. Amendments . This ordinance may be amended as provided by law. Any proposed amendment shall be submitted to the Board of Appeals and to the Town Planning Board for a report before being acted upon by the Town Board. SECTION 48. Validity. The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof. SECTION 49 . When Effective. This ordinance shall be in. force and effect immediately upon adoption and publication as provided by law. Notice is hereby given that the Town Board of the Town of Ithaca, pursuant to the powers in it vested, at a meeting held on October 7th, , 1954, duly ordained and enacted the above stated "Zpning Ordinance - Town of Ithaca, New York, " in accordance with a well considered plan. ADOPTED SEPTEMBER 1st 1955-EFFECTIVE SEPTEMBER 13th 1955 AMENDMENT #2 AMENDMENT TO MAP SHEET That the following described areas be rezoned from a residential to a business district. NE CORNER Intersection of Danby Road and King Road-East- Frontage on Danby Road 300 feet: Depth 250 feet. SE CORNER Intersection of Danby Road & King Road-East Frontage on Danby Road 300 feet; Depth 250 feet. SW CORNER Intersection of Danby Road & King Road-West Frontage on Danby Road 300 feet; Depth 250 feet. NW CORNER Intersection of Danby Road and King Road-West Frontage on Danby Road 300 feet: Depth 250 feet. ADOPTED JANUARY 21st 1956 - EFFECTIVE FEBRUARY 1st 1956 AMENDMENT #3 That the following described areas be rezoned from a residential to a business district. Commencing at the center line of Meadow Street at a point extended in a straight line from the north boundaries of the property of Lawrence Jordan, and proceeding east to the southwest corner of the property of Edward Palmer, thence north along the west boundaries of Palmer and Driscoll, and extending approximately in a straight line north to the south boundary of the City of Ithaca, parallel and at a distance of 125 feet from Spencer Road; thence -west along the south boundary of the City of Ithaca to the east boundary of the com- mercial zone of the commercial zone bounding Elmira Road on the east: thence southerly along said boundary to the center of Meadow Street; thence back along Meadow Street to the place of beginning. In effect this designates all of the area bounded by Elmira Road, Meadow Street and Spencer Road as a business district except that portion of Meadow Street which includesithe property of Jordan and Terrill, and a strip approx- imately 125 feet wide along the Spencer Road. ADOPTED MAY 2nd 1957 - EFFECTIVE MAY 15th 1957 AMENDMENT #4 That the following described area be rezoned from an agricultural to a residential district, and the official zone map be deemed amended accordingly. The area on each side of Indian Creek Roa.d for a depth of 250 feet from the DuBoice Road to the terminus of that portion of the Indian Creek Road owned by the town. Amendment to Map Sheet -2 - ADOPTED DECEMBER 5 , 1957-EFFECTIVE DECEMBER 17 , 1957 AMENDMENT #8 That the following area be rezoned from a residential to a business district to wit. COMMENCING at the point of intersection in the southeast boundary of the business district located along the southeast side of the Elmira Road, as shown on the Zone Map dated July 1 , 1954, with the southwest line of the spur of the Spencer Road which connects the old Spencer Road with the Elmira Road; thence, southeasterly along the southwest line of said spur of the Spencer Road to the northwest line of the old Spencer Road; thence , southwesterly along the north- west line of an abandoned section of the old Spencer Road to its intersection with the northerly boundary of the former•right-of-way of the D. L. & W. Railroad (now Lehigh Valley Railroad); thence , westerly along the curve of the northerly line of said right-of way to the southeast boundary of the business district as heretofore established and shown on the Zone Map dated July 1 , 1954; thence, northeasterly along said boundary to the place of beginning. w ' • ZtVJ.NG ORDINANCE TOWN OF TTRAGA, NEW YPRI. ADOPTED JUNE 5, 1958 - EFFECTIVE JUKE 17, 1958 AMENDMENT #9 AMENDMENT OF ZONING ORDINANCE TAKE NOTICE that the Zoning Ordinance of the Town of Ithaca was amended. by resolution of the Town Board duly adopted at a regular meeting of said Board duly called and held on the 5th day of June 1958, to read as follows: Section 18: USE REGULATIONS: "In agriculture district, buildings and :land may be used only for any lawful farm purpose or for any use permitted in a resi- d.ence district." June 7th, 1958.