HomeMy WebLinkAbout1968 Zoning Ordinance ZONING ORDINANCE
TOWN OF ITS A, NEW YORK
RE-ADOPTED, AMENDED AND REVISED
AS O '
Efi ::E~RUARY 12, 196
Effective Februuary 26, 1968
For the: purpose of prornotirng the health, safety, morals or th
eral welfare of the community, and to lessen congestion in the ,
to secure safety from fire, panic and other dangers, to provide ad
light and air, to prevent the overcrowding of luind, to avoid uunduu
centration of population, to facilitate; the adequate provision of
portation, water, sewerage, schools, parks and other public requireunder and puuurscuant to the Laws of the State of New York, the
buildings and other structures,the percentage: of lot that may be oca
the size of yards, the density of population, and the; location and
buildings, structures and land for trade, industry, residence or
purposes, are hereby restricted and regulated as hereinafter provic
ARTICLE I
S"ECTION 1. Definitions, For the purpose of this ordinance
words and terms shall have the following meaning unless the c
otherwise requires.
1. Words used in the present tense include the future; the s.
number includes the plural, and the plural the singular; the word "
ing includes the word "structure"; and the; word "occunpied": iu
the words "designed or intended to be occupied"; the -word "us(
cluudes the words "arranged, designed or intended to he used" a
word "be" includes "it" and "she".
2. A "lot" is a parcel of land which may be occupied by one o
principal buildings and the accessory buildings for uses cuu,stouruarl
dent to it, including such open spaces as are used in connection wwTit
buildings.
"lot lane" is property boundary of a lot.
d. The "lot area" shall not include any portion of a public la
right of way that may be included wvithin deed description of the I
5 Family: A family consists of one or more persons related by
marriage or adoption or any domestic help, or gratultouus guuesr
group of one or more persons occupying, the premises and divin
single housekeeping unit, as distinguished frorn a group occuup
boarding house, rooming house, lodging house, club, fraternity, la
motel. q
A "dwelling" is a building designed or used exclusively
livin quarters for one ornio e families.
"dwelling unit" is a dwelliang, or portion o a dwelling, prycomplete
complete living facilities for one family.
g. ,A "ogre-family dwelling," is a detached building, designee
and in fact used for residential purposes by a single family.
E
9. A "two-family dwelling" is a detached building designed for use
and in fact used for residential purposes by two families only.
10. A "multiple-family dwelling" is a building or group of buildings
on one lot containing separate dwelling units for three or more families.
11. Boarding House: Any dwelling in which more than three persons
either individually or as families are. housed or lodged for hire with or
without meals. A rooming house or a furnished rooming house shall be
deemed a boarding house.
12. A "tourist house" is a building originally built and used as a
dwelling other than a hotel or motel in which accommodations for tran-
sients are offered for compensation.
13. A "hotel or motel is a building containing rooms designed and
originally planned to be rented or hired out for living or sleeping accom-
modations for transient occupancy.
14. A "clubhouse or lodge" is a building or premises used exclusively
by members of an organization and their guests which premises or build-
ings are devoted to recreational or athletic purposes, not primarily con-
ducted for gain. It excludes commercial and merchandising activities
for other than its own membership.
15. A "hospital" is an establishment for temporary occupation by
the sick or injured for the purpose of medical treatment, but does not
include an establishment for permanent occupation by the poor, infirm,
incurable or insane.
16. A "nursing or convalescent home" is a building other than a
hospital where sick or infirmed persons are lodged, furnished with meals
and nursing care for hire, except persons who are mentally ill, mentally
deficient, drug addicts or alcoholic patients.
17. A "front yard" is the open space between the street right of way
line and the front line of the principal building, exclusive of overhanging
eaves and other permissible projections, extended to the side lines of
the lot.
18. A "rear yard"is the open space between the rear lot line and the
rear line of the principal building, exclusive of overhanging eaves and
other permissible projections, extended to the side lines of the lot.
19. A "side yard" is the open space between the principal building,
exclusive of overhanging eaves and other permissible projections, and a
side lot line and extending throu�h from the front yard to the rear yard.
20. An "accessory building' is a building subordinate and clearly
incidental to the principal building on the same lot and used for purposes
customarily incidental to those of the principal building.
21. "Storage" is the outdoor accumulation or laying-up of manu-
factured products or raw materials, or the keeping of one or more pieces
of movable equipment other than pleasure automobiles.
22. A "non-conforming use" is a use of land existing at the time of
enactment of this ordinance and its amendments which does not conform '
to the zoning tiy regulations of the district in which it is situated.
23. A "farm" is-a parcel of land containing at least 3 acres which
is used in the raising of agriculturai products, such as crops, livestock,
poultry, and dairy goods.It includes structures necessary to the pro-
duction and storage of agricultural products and equipment.
24. A"street line" is the'-limit of the right of way of a street, road or
highway. Where the word street appears this also means highway or road.
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25. A "flashing sign" is any illuminated sign on, which the a
light is not maintained stationary and/or constant in intensity an
at all times.
26. A "clinic" is a building or any part of a building which
for the group practice of medicine by several physicians in which
facilities other than reception are shared by the occupants and in
patients are diagnosed or treated by physicians specializing in
ailments and practicing as a group.
27. A "parking space" is an area for the temporary parkin
automobile 180 square feet in size exclusive of the parking lot circ
' areas.
ARTICLE II
ESTABLISHMENT OF DISTRICTS
SECTION 2. Districts. For the purpose of this ordinance th,
of Ithaca is hereby divided into 12 types of districts as follows:
Residence Districts R 9
Residence Districts R 15
Residence Districts R 30
Multiple-Residence Districts
Agricultural Districts
Business Districts A
Business Districts B
Business Districts C
Business Districts D
Business Districts E
Light Industrial Districts
Industrial Districts
Said districts are set forth on the map accompanying this or(
entitled Zone Map, dated July 1, 1954, as amended to 1968, and
by the Town Clerk. Said map and all explanatory matter there
amendments thereto are hereby made a part of this ordinance.
SECTION 3. District Boundaries. Where uncertainty exis
respect to the exact boundaries of the various districts as shown
Zone Map, the following rules shall apply.
1. The district boundaries are lot lines unless otherwise sho,
where the designation on the Zone Map indicates a boundary :
mately upon a lot line,such lot line shall be construed to be the be
2. Distances shown on the Zone Map are perpendicular o
distances from street lines measured back to the zone bounda
which lines, in all cases where distances are given, are parallel
street line.
3. Where the boundary of a district follows a stream,lake,
body of water, said boundary line shall be deemed to be at t]
of the jurisdiction of the Town of Ithaca, unless otherwise design
4. In other cases the boundary line shall be determined b3
the scale on the Zone Map.
S. Any lands existing in the Town of Ithaca which are unz
the time of the adoption of this amendment, and any lands I
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added to the Town of Ithaca by annexation or otherwise, are hereby
zoned Residence District R 15. Any such after-acquired lands shall be
automatically zoned Residence District R 15 upon such acquisition,
except that such lands may be thereafter rezoned to any other zone,
notwithstanding the provisions of Section 31.
ARTICLE III
RESIDENCE DISTRICTS R 9
SECTION 4. Use Regulations. In Residence Districts R 9 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. A one family dwelling.
2. A two family dwelling, provided that the second dwelling unit
shall not exceed 50% of the floor area excluding the basement of the
primary dwelling unit except where the second dwelling unit is con-
structed entirely within the basement area, it may exceed 50%.
3. Church or other places of worship; convent and parish house.
4. Public library, public museum, public, parochial and private
schools, nursery school, fraternity or sorority houses, and any institution
of higher learning including dormitory accommodations, upon special
approval of the Board of oning Appeals. The application for such
approval shall be referred to the Planning Board and no final action
shall be taken until the Planning Board has submitted its report or has
failed to submit a report within 30 days.
5. Publicly owned park or playground including accessory buildings
and improvements.
6. Fire station or other public building necessary for the protection
of or the servicing of a neighborhood.
7. Golf course, except a driving range or a miniature golf course
provided that no building shall be nearer than 100 feet from any lot
line.
8. Garden, nursery, or farm except a hog farm where the principal
food is garbage. Sale of farm and nursery products shall be subject to
the provisions of Section 4, Subdivision 13. Usual farm buildings are
permitted, provided that:
a. Any building in which farm animals are kept shall
be at least 100 feet from any lot line or street right
of way. +
b. No manure shall be stored within 100 feet of any
lot line or street right of way.
9. Any municipal or public utility purpose necessary for the mainte-
nance of utility services except that substations and similar structures shall
be subject to the same set-back requirements as apply to residences in
the district in which the substations or similar structures are constructed.
10. Rooming houses, tourist houses, but only on special approval of
the Board of Appeals.
11. Hospital provided that no building so used shall be within 100
feet of any street or within 150 feet of the lot line of any adjoining owner,
and only upon special approval of the Board of Zoning Appeals.
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that such use, except as to public and educational buildings, will fill 12. Nursin or convalescent homes, or medical clinics but onl
a nei hboarhood or community need. special approvalf of the Board of Appeals,
c. The proposed use and the location and design of any structure 13. Cemetery and the buildings and structures incident there.
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shall be ca�unsrsteaut with the charactercharacterof the district in which it is located.located. sanely uponuponspecial approval of the l caar•d of Appeals.
d. The proposed use shall not be detrimental tarn the general ammrer�mEt}r 1 roadside sternal ora�tl aa.r structure for the display and
or neuplhoncool character in anncunts sufficient to devaluate neighboring farnn or nursery ICadnct: rro1deCt@l to fanning and as a season
property or seriously u onw ni nce neighboring inhabitants. warre e .
too the owner a.nr owners of the land. any such stand s
e. The proposed access and egdress forr all structtures aand cruses shall loacated a nrr'nEnuurn ref I5 feet: from) the street line, in stncln as rnaar
be safely designed. to gnernit safe -access and dress for autornobiles, and parking
f. The general effect of the proposed used upon the community as a whale, highway right Of Ways.
including such iteunns as traffic load upon public streets and head upnonun 15. Clubhouse. , lµ � used s
y or lodge, provided that no bmnnlalinnow so
water and sewora ct sy�sterns is not detrimental to the health, safety and within 100 feet o .any street or �m.ithin 150 feet of the lout mane of
f�' re of the community. joining aawruerr arnd on�rly aaproan the spaecial apaparoval ouf tine Bow of rd
ensue]welfare
. The Board may impose upon the applicant such reasonable corm- I& N or more than 2 signs in connectionwith each of the.
ditiourns as it deems necessaryto protect the general welfareof the corn- uses,, provided that such signs shall be on the, lot and shall not e:
tnunity. square feet in area, and further provided that any illumination
shielded that net illcnnrnn;ates only said sign.
be so ,
„r;l-"f.��"f',p'�' ✓ef'. 1n rz-ualomr�r,� recommendations to the Town 1orarcl
,erne] t9ra. Board of y � � Accessory d�lse.s. 1'earnrnrtteol accessory ruses in lac
aaf Appeals, tine, d4urnnrnr� :terrnurno: that: S_IAf C2Cpkww .
1.. There is a need for the proposed unse, in the proposed location. Districts 1 9 shaall' include the frudlowwrrng:
f� Board shall c
2. Y he existing and probable future character of the neighborhood I. The office of a resident doctor, dentist, musician, er
in wwFlnrowh the use is to be located
will not be adversely affected. reacher:, laarybwyer�, artist, architect- anus- member of other recognized
3. The proposed change is in accordance with a comprehensive plan _ s a part of the rc
of development of the I�owvnn stun, or opo tsi laro,rvfessEon where such oafl'rcc, u
building, provided that not more than 3 additional persons not
SWTION 79. Violations and Penalties. Pursuant to Section 26 on the parerrnises may he eanpnloya:d.
of the. Town Law any person, faun, corporation our other violating any 2. r ctusta rnary hornne:; occupation, such as dressmaking, hair d
provision ofthis ordinance shall be deemed guilty of an offense and upon laundering, home cooking; carpentry, electrical, craned prluannlninw� wconviction thereof shall be subject to a fine or to imprisonment as pro- Similar rnanuaal or mechanical trade, operated solely by a residers
vided therein Each ww=eel<.'s continued violation shall constitute au separate odwwellinar, providedthat no additional persons not residing, erne the p
offense. May lee: enwpulcayer:d therein and that no goods or products are i
noise,
or advertised for scale, that there be no outside stora
' s" �"y yJ �i'0w Amendments. This ordinance may be amended as that; iron owise dust, diso�>rdes or objectionable odor is ex er•iern
pprovidedd by law. that � � la
yond the innnediaate property where such use is conducted. `l`h«
Wi'C7"ION 81. Validity. The invalidity of any section or provision mechanical trades to be conducted in the basement of the dwe
o thereof. ordinance shall riot invalidate any other section car rrovisioun, in a gram e area not to exceed 200 square feet.
h � I
(I f-street garage or parking space for the occupants, ras
Sl.i'f:TION 82. When Effective ']."'his ordinance shall he in farce and employees in connection with uses specified tinder Section 4, but
effect immediately upon adoption and publication as provided by law. to provisions of Section d3 and Section .
. A ternp orary building for commerce or industry, where sue
Existing Zoning Ordinance Amended, Re-Adopted ang� is necessary or incidental to the development of a residenti
and l e�Enaact-ed. The euoistin' Zoning' Ordinance of the "Town of Ithaca, Snaln building may meat be continued for- more than one year eaoce
New York, as zarneruoded, adopted October 22, :1.954, is bereby re-enacted, special approval of the Board of Appeals.
re•adc:rpated and amended. This re-adoption and re-enactment and the S. Accessory e:s°,sonry buildings subject to provisions of Section 6.
adoption of any arnenodnnnent shall not; affect. any pending or prevent any 6. The loe pirig Of donnestic aaninnaals or fowl in accessory bu
future prosecution of or action to abate any violation existing at the time provided that no such building~ shall be nearer than 30 feet to
this Ordinance as re-adopted, re-enacted and amended, if the use: is in line of any adjoining owner, and further provided that there
violationof the: provisions of this ordinance as re-adopted, re-erected and no raising of fair-]nearing; animals, keeping of' horses for hire, or
amended. Northing; herein shall be deerned to change: the status of noun- for more than 3 dogs over 6 months old.
ceanforunaingp uses created by virtue. of the Zoning Ordinance adopted 7, Not more than one signrau in coninectionn with an accessory a
, , " non-conforming under the. lot, shall not be illurrniruat
October 2!n, If�SaI as amended, of such uses rennarua w*udecd that such sign shard] he c,ra
the: provisions of this Ordinance, as re-adopted, re-enacted and amended. shall not exceed one square foot in area.
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SECTION 6. Accessory Buildings. In Residence Districts R 9 SECTION 76. Certificate of Occupancy. Each property
accessory buildings other than garages may not occupy any open space shall be responsible for compliance with all terms of this ordinani
other than a rear yard. Any accessory building may occupy not more fecting his property, including restrictions on change of use. Upon
than 40 per cent of any required rear yard and shall be not less than 3 cations and inspection or explanation satisfactory to the person
feet from any side or rear lot line, except that a private garage may be nated by the Town Board, such property owner shall be entitled
built across a common lot line with a party wall by mutual agreement Certificate of Occupancy certifying that the occupancy or pro
between adjoining property owners. An accessory building on a corner occupancy complied with this ordinance.
lot shall not be less than 5 feet from the rear lot line. Accessory buildings SECTION 77. Board of Appeals. There is hereby establisl
shall in no case exceed 15 feet in height. Where the average natural Board of Appeals which shall function in the manner prescribed b3
slope of a lot exceeds 8 per cent rise or fall directly from the street line, 1. The members of the Board of Appeals shall be residents c
a private garage not over one story in height and housing not in excess Town of Ithaca and shall be appointed by the Town Board to ser`
of two cars may be located in the front or side yard not less than 5 terms as prescribed by law. Vacancies occurring in said Board by
feet from said street line upon special approval of the Board of Appeals. ration of term or otherwise shall be filled in the same manner.
SECTION 7. Yard Regulations. In Residence Districts R 9, yards 2. The Board of Appeals shall choose its own chairman and
of at least the following dimensions are required: chairman, who shall preside in the absence of the chairman. In th
Front yard—not less than average depth of the front yards Bence of both the chairman and vice-chairman, the Board of Al
shall choose one of its number as acting chairman. Such chairman, <
ybuildings on lots immediately adjacent. However, the front party acting in his stead during his absence, may administer oath
yard depth, set-back, shall not be less than 25 feet nor need it compel the attendance of witnesses. The Board of Appeals may app(
be greater than 50 feet from the street line except where other- secretary who shall take minutes of all its meetings and keep its re,
wise specified. 3. The Board of Appeals shall adopt from time to time such
Rear Yard—not less than 30 feet in depth. and regulations as it may deem necessary to carry into effect the
Side Yards—each not less than 10 feet in width, except that visions of this ordinance and all its resolutions and orders shall
in one of the side yards, a one-story garage, either attached to accordance therewith.
the principal building, or separate therefrom, may be 7 feet 4. Any person aggrieved by any decision of any officer of the '
from a side line which is not a street line. When the height of charged with the enforcement of this ordinance may take an appf
the building exceeds feet, each side yard must be equal to the Board of Appeals. The applicant shall pay 8 for the public
half the total height off t the building. of notices o£ the hearing required by law. �-�
Special yard requirements for specific uses as established by Section 5. The Board of Appeals shall, in accordance with the prov
4 are required. hereinafter contained in this Section, hear and determine appeals
SECTION 8. Building Coverage. No buildings or building on any refusals of a building permit or certificate of occupancy b,
a lot, including accessory buildings, shall be erected, altered, or extended person designated by the Town Board, or review any order or de
to cover more than 25 per cent of the lot area. of said person where such order or decision is based upon the re(
Projections described in Section 42 are not to be included in com- ments of this ordinance.
puting the percentage. 6. Where there are practical difficulties or unnecessary hardsl
the way of carrying out the strict letter of this ordinance, the Boa
SECTION 9. Size of lot. Lot sizes in Residence Districts R 9 shall Appeals shall have the power, in passing upon appeals, to vary or rr
meet the following depths and widths at the front yard set-back. the application of any of the regulations or provisions of this ordii
1. When no public water or sewer is available, the minimum width , so that the spirit of the ordinance shall be observed and public
shall be 100 feet and the minimum depth 150 feet. and welfare secured and substantial justice done.
2. When public water or sewer is available, the minimum width 7. The Board of Appeals shall also hear and decide all matte.
shall be 80 feet and the minimum depth 150 feet except that the depth ferred to it or upon which it is required to pass by the terms of
may be reduced to a minimum of 120 feet provided that the lot area ordinance. In deciding such matters referred to it by the terms o:
shall be not less than 12,000 square feet. ordinance and in granting special approval the Board of Appeals
3. When both public water and sewers are available, the minimum determine that:
;dt shall b� 0 feet t depth ' II ' 'S^ r a. The health safety, morals and general welfare of the comm
w. h al 6 e. and he minimum epth shall be 1 0 'feet except
that the depth may be reduced to a minimum of 120 feet provided that in harmony with the general purpose of this ordinance shall be prorr
the lot area shall not be less than 9,000 square feet. except that as to all public buildings and educational buildings wl
the principle use is research, administration, or instruction, the
SECTION 10., Special Properties.. In the case of publicly owned J shall be presumed to exist.
properties, properties of universities, colleges, cemeteries, or other pri- b. The premises are reasonably adapted to the proposed use
6 27
thereof complied with rules and regulations of the Tompkins County vate institutions, located in Residence Districts R 9, which comp
Health Department under the terms of the County Sanitary Ordinance. least 6 acres in area and are traversed by interior roads or drivewa;
SECTION 73. Abandoned Cellar Holes and Buildings. Within one front and side yard requirements of Section 7 shall apply only alo
year after work on any excavation for a building has begun, any excava- exterior public street frontages and there shall be no rear yard r(
tion for a building shall be covered over or refilled by the owner to the ments.
normal grade. Any building substantially destroyed by any cause shall ARTICLE IV
be rebuilt or demolished within one year. Any excavation or cellar holes RESIDENCE DISTRICTS R 15
remaining after the demolition or destruction of a building from any
cause shall be covered over or filled by the owner within one year. SECTION 11. Use Regulations. In Residence Districts R
ARTICLE XIV building shall be erected or extended and n6 land or building c
ADMINISTRATION thereof shall be used for other than any of the following purposes:
1. A one family dwelling.
SECTION 74. Enforcement. This ordinance shall be enforced by 2.A two family dwelling, provided that the second dwellin
a person designated by the Town Board who shall in no case, except shall not exceed 50% of the floor area excluding the basement
pursuant to written order of the Board of Appeals, grant any building primary dwelling unit except where the second dwelling unit i
permit or certificate of occupancy for any building or premises where structed entirely within the basement area, it may exceed 50%.
the proposed construction, alteration or use thereof would be in viola- 3. Church or other place of worship, convent and parish hous(
tion of any provision of this ordinance. 4.Public library, public museum, public, parochial and I
SECTION 75. Permit to Build. No principal building or accessory schools, nursery school, and any institution of higher learning in(
building, nor any other structure, including but not limited to, tanks, dormitory accommodations upon special approval of the Boardpeals. The application for such approval shall be referred to the PI
power and pump stations, swim pools, and signs (except as permitted else- Board and no final action shall be taken until the Planning Boa
where in this Ordinance),in any distract,except an accessory building in an submitted its report or has failed to submit a report within 30 day
agricultural district, shall be begun or enlarged without a Permit to Build 5. Publicly owned park or playground including accessory bu
issued by the person designated by the Tawn Board. This waiver of the and improvements.
building permit requirement in Agricultural Districts shall in no case 6. Fire station or other public building necessary to the pro
relieve the property owner from compliance with other provisions of this of or the servicing of a neighborhood.
ordinance. No such permit shall be issued, except pursuant to written 7. Golf course, except a driving range or miniature golf cours
order of the Board of Appeals, where the proposed construction, alteration vided that no building shall be nearer than 100 feet from any lot
or use would be in violation of any provision of this ordinance. 8. Any municipal or public utility purpose necessary to the r.
Every application for a building permit shall state in writing the nance of utility services except that substations and similar stri
intended use of the building and shall be accompanied by a plot plan shall be subject to the same set-back requirements as apply to resi
with all dimensions shown indicating the size and shape of the lot and in the district in which the substations or similar structures al
buildings. structed.
Every application for a building permit shall be accompanied by a 9. Not more than 2 signs in connection with each of the abov
fee computed on the basis of the value of the improvement to be con- provided that such signs shall be on the lot and shall not exceed 4
structed as follows: feet in area, and further provided that any illumination thereof
Value of Improvement Fee shielded that it illuminates only said signs.
$ 1—$ 5,000 $ 2.50 r
5,001— 10,000 5.00 SECTION 12. Accessory Uses: Permitted accessory uses ir.
10,001— 20,000 10.00 dence Districts R 15 shall include the following:
20,001— 30,000 15.00 1. The office of a resident doctor, dentist, musician, engineer, t
30,001— 40,000 20.00 lawyer, artist, architect or member of other recognized profesE
40,001— 50,000 25.00 quasi-profession where such office is a part of the residence buildin;
50,001— 100,000 50.00 2. Off-street garage or parking space for the occupants, use
100,001— 500,000 75.00 employees in connection with uses specified under Section 11, bi
500,001— 1,000,000 100.00 ject to provisions of Section 69..
1,000,001 & Over 150.00 3. A temporary building for commerce or industry where such
Unless there has been substantial progress in the work for which ing is necessary or incidental to the development of a residenti2
a building permit was issued, said building permit shall expire one year Such building may not be continued for more than one year excel
from the date of issue. special approval of the Board of Appeals.
26 7
4. Accessory building subject to provisions of Section 13, dwellings. No automobile parking area shall be included in any
5. Not more than 2 roomers. yard, except for a lot with a sing"'le dwelling, housing riot more t
6. . customary home occupation, stich as dressrrutking, hair dressing, families,
laundering, home cooking; carpentry, electrical, and plu'rribing work or The following uses shall be provided with off-street parking fac
similar nianuaf or mecharaicid trade; operated solely by a resident of the 1. School or other educational institutions-2 spaces for eacl-
dwelling, provided that no additional persons riot rcsid�'ng on the premises room.
may be' employed therein and that no goods or products are publicly 2. Hospital, sanitarium or nursing or convalescent borne-1
displayed or advertised for sale, that there be no outside story e, and for each 2 beds,
non
that oise, dust, disorder, or objectionable odor is experienced we,
3. Medical clinic-4 spaces for each doctor, or for each of
the irriniediate property where such use is conducted. The above which a inedically-tralned person is regularly in attendance:, Nvhid
mechanical trades to be conducted in the basement of the dwelling or in figure.is larger. - tourist house-1 space for each room
a garage area not to exceed 200 square feet. 4 Rooriiing house oi
7. The keeping of household pets and family garderts. to rent.
5. Fraternity or sorority house or mernbersbip, club--I spa
& The keeping of one horse if 2 acres of land are provided an n d sane each 4 beds, or one space for each 5 members, whichever figure is
additional horse for each additional acre, but not more than a total of
three horses, SECTION 70, Extraction of Natural Products. In any distr
9. Not inore than oric sign in connection with -m accessory use pm- sod, 1oani, sind., gravel or stone shall be removed or offered for s,-
vided that such sigr) shall be on the lot, shall not be illuminated, and cept in connection with a public work on the property or the renic
shall not exceeii one square foot: in area. silt or other recently accurnlared material that blocks a normal flo,
wvater course without the special approval of the Board of Appe.,
SECTION 13. Accessory Buildings. In Residence Districts R 15 applying :for such approval, the applicant shall subrnit to the Board
accessory buildings other than krarage ma.), riot occupy any open s ace of the proposed project, showing property lines, and adjacent public
I , P
-�"ar yard. Any ccessory building may occupy not rnore )ths of proposed � mo other than a i a grades and dej e Val, soil types to be removed, an
than 40 per cent of any required rear yard and shall be not less than 3 feet posed regrading and repLanting of the� pn-.)j.)erty upon completion of t
frorn any side lent rear �t line, except that a1 ]M11 Vtre garage maybe, built eration. in cornsiderinv the pro'posed use the Board shall take into at
across a cornmon lot line with a party wall by'r ntutual agreementw between timen distance oaf the op"eration from neighboring property and public
ad'ioining prcaperty mvners. An accessory building ()jj a corner lot shall the possible detriment of such use to the future development of th
not be less than 5 feet from the rear lot line. Accessory buildings shall in question, arid the possible nuisance or detriment of the op cxat
in no case exceed if feet in height. Wbere the average natural slope of neighboring Jandowriers and to the community as a whole. The
a lot exceeds 8 per cent rise Or f�,11 directly fro rn the st'reet line, a private may impose such conditions upon the appEcimt as it deems nec
i to protect the general welfare of the conirnunity, which may incl
garage not over one story M height arid housimy rrot in excess of'2 cars
rnav be located in the front or side yard not ]ess than -5 feet from said time limit upon operations, ind the requirements that as perfor
street fine on approval of the Board of Appeals. bond be posted to insure compliance with the requirentents o
ordnance and with any further reasonable conditions irnposed L
SITCTION 14. Yard Regulations. In Residence Districts R 15 yards Board.
of at least the following dirneusicins are required: Any nonnal [wilding operation in connection witli a legal bi
I
Front Yard—not less than the average depth of the front permit, such as excavation, filling, or grading, shall be excepted fro
yards of buildings on lots immediately idjacen w t. Hoever, the Provisions of this section.
front yard depth shall not be less than 25 feet or need it be SECTION 71, Public Garages and Gaso ine Sales Stations.
greater than 50 feet except as otherwise specified. 1. No part of any building used as a public garage or gasoline s
Rear Yard—not less than 30 feet in depth, tanon and no filling punip, lift or other service appliance sh0 he e
Side Yards—each not less than 15 feet in width, except within 2.5 feet o an f y Residence District or in any, require(] side yar
that in one of the side yards, a one-st 2. No gasoline or oil punip, no oiling or greasin inechanisr
ory garage, either attached 9
ay be 10 feet n e i crion with any gasolim
to the principal' building or separate tl�erefroi�, m, o other se��ice appliance installed in conne
frona a side line which is riot a street line. When the station,
on or public gara e shall be witbin 15 feet of any street I
height of a higIlWayr ri4yllt Of ,
building exceed's 30 feet each side yard must be eequal to two- . b, , line, and when so installed shall riot be a
thirds the total height of the building, tion of fron,t yard requirements specified elsewhere in this ordinan
Special yard requirements for specific uses as established by Sectioll SEC7 I ION 72. Approval of County Health Department. No
11 are required. Ing perinit, trailer permit, or certificate of occupancy issued und,
tennis of this ordinance shall become or remain valid unless the
8 25
Residence or Business District, the, yard Nvidtb on the side street shall SECTION 15. Building Coverage. No building or buildings
be at least one-half the required front yard for adjOining properties stem lot, including accessory buird rr i, shall be erected, altered, or exv
the side street, but in no event less than 10 feet. to cover more than 20 per cent (if the lent area.
SIrProjections described in Section 66 arenot to be included irt.
C1CiF 6.a'. Side and Rear hard Transition. On every lent in a pautirng the percentage.
Business tar-industrial District that aborts directly sera a l esiden e. Distric,t,
there shall be provided a yard of at least a feet in width onsuch loot SEC TIC 16, Size of loot. Lot sizes in residence districts shall
along the line or lines ww�haer"c it aborts such Residence District. the following depths and wvidtlns at the front yard set-bash.
I;C;7'1Clklir 6 . Porches and Carports. In determining the percentage ➢. Minimum ww°idth of bats shall be 100 feet and the minirnnarrnn
of building; coverage or the size of yards for the purpose ref this ordinance, � 150 feet.
porches and carports, open at the sides but roofed, shall be considered � ry
a part of the building. properties,
lr', Special 1 Properties. In the case Of publicly c
paropnerties, properties of universities, colleges, cemeteries, or cache.
SECTION 6-5. 1�'ernces and Walls. The provisions of this ordinance vase institutions, located in Residence Distriers R 15, which caaru,por
shall not apply to fences, or walls not over 6 feet high above the natural least 6 acres in area and are traversed by interior roads or driveway
grade, nor to terraces, steps, unroofed porches, or rather~ similar features front and side yard requirements of Section 14 shall apply only
not yaw"er 3 feet high above the level of the; floor of the ground story. tire., exterior public street frontages and t➢rere, shall be no rear ya:
alurir�eraaerrts..
� Ii°t l l� 65.d. One sign,, relating t.ra thc, aclerrtulrcartacwrx of rrtwwr cars- ARTICLE V
struction rnn ay be erected in any district in the Town for a period not to
exceed one year provided it shall not be illuminated or exceed 32 square RESIDENCE E DISTRICT➢:"S R 30
feet in :area, and shall conform to set back requirements in the district.
Upon approval of thy. Town of Ithaca Planning Board, such period . a � Regulations. In Residence Districts
rnnay, thereafter be u..rs:ternde"d seuui-arnznuaaally, lnurr]slrurg; slrarfll be erected cis- extended and no land or hurfldrrag; ear
thereof shall be used forother than any of the; following purposes.
SI C7"J`C,p�? 66, Pr ojectio ns in `wards. Every part of a required 1. One .,amily dwweellli nqs.
yard shall ➢.war, open from its lowest point to the sky unobstructed, except . . A two faarnnuly dwwr llrung, provided that the second dwvellina
for the ewudrrnary projections of l➢s laar.lt; courses, pilasters, leaders, excluding➢g the basement e
p f sr , sae➢avers shall not exceed ;all,,�:� of the flereas• area
e°himneys, cornnsces, e.aave and crrnatrrnental features, provided that no prirriary dwwxe.Hinc; unit exce.Pt where the second dww,ellhig merit rs
such projection may extend more than 2 feet into any raeepuasru>af yard. structe,el entirely within the hasemesrnt area, it zoom;" exceed 0 ,•
Bays including their cornices and eaves, may extend nor rn ore than +. Church car other places of worship, convent nvent and pear°isle lava
feet into any required yard provided that the, srarnn of such projections 4. Public library or prone➢ic rr•useurn, paealalic, paatroc meal and ps
darn any wall drill rs¢nt cxce�ed one-third ties: length of such wall. nursery
a y higher. learning inn
a6naranl,s, rnurse,r scluraua➢ and am institution of
An open fire; balcony or fire escape may extend meat nrrrare than 4 feet dormitory accornnrnnc,idations by approval of the ➢ oaard of Apnpaealn
into any required yard. application for such approval sluaall be referred to the Planning ng, Buo,.ar
sha �. Board has submits
riser final actionactionll. lac taken until flee l➢arurnrrn
S1,C�1Ip"J',,' 6d7. eduction nab" Lot At-c°a. Whenever a lot upon which ray^p art aver has f ailed to submitas �repa�tart ww rthin 1 (lays,
stands a building, is changed in size, or shape sae that the area and yard 5. Publicly owned park or playground including accessory buui
requirements of this ordinance are no le.rang e,r r-omp hed wwaith, such btiildiang and innnpor-covernents.
sin,-all not thereafter be used tintil it is altered, reconstructed or reloc-ated 6. Fine station or Bather public building; necessary to the parot
sea as to comply wwrith these requirements. The provisions of this Section of or the servicing; of a rneighborlv.)od.
shall not apply when a portion n of a lot ¢s taken l"or a public purpose. 7. C,ltrlf course, e ceapnt'a drivi n�,-, ran ye., or a nniarniattir-e golf c
SI:,'Cf:C°ION 68. More than one building on a lost. When there is provided that no building shall be nearer than lg:lfl feet Renton any la:
More than one, principal building sera a lent in any district dare: space S. Garden, nursery, or finer, except a hog farm where the. pari
between such buildings must he at least equal to tine, surnnn of sine acle food is garbage. Sale of farrnn and nursery products shall heLLsubj
pp the parovrsions of Sect cm 18, Subdivision 11, Usual farm bu;unldin
yards required by such buildings or the sum of the rear and the front p,ermanctted, provided that:
yards as the case ruay be.
a. Any bUilding in which farm a nirnnal,s are kept shall
SECTION N 69. Parking Facilities. Every building ]ncwurasirng or de- be at least I(') feet from any lent line or street right
signed to house more than 2 farms➢ies s➢hall provide in cornraaetion with it of way.nd on the sarnrc lest garage space or off-street parking space for auto- la. No manure shall be stored within1.00 feet of any
mobiles equivalent to the number of dwelling units provided in such lot lime or street right of way.
24
9. Any municipal or public utility purpose necessary to the main- flood, earthquake, act of God, act of the public enemy or catas
tenance of utility services except that substations and similar structures within 6 months provided such damage constitutes an amount les
shall be subject to the same set-back requirements as apply to residences 75% of the replacement cost of such building. The time limit n
in the district in which the substations or similar structures are con- extended by the Board of Appeals in cases of practical difficulty
structed. necessary hardship.
10. Hospital, provided that no building so used shall be within 100 ARTICLE XIII
feet from any street or within 150 feet of the lot line of any adjoining
owner and only upon special approval of the Board of Appeals. GENERAL PROVISIONS
11. Nursing or convalescent homes, or medical clinics, but only upon SECTION 57. Existing Lots. Other provisions of this ord
special approval of the Board of Appeals.12. Cemetery and the building and structures incident thereto, but • not withstanding, nothing
only upon special approval of the Board of Appeals. dwelling of a lot of deed shall prohibit the use for a single
t g cord a the time of the passage ofthi;
13. A roadside stand or other structure for the display and sale of nance, as amended, of less than the required size of lot in any
farm or nursery products incidental to farming and as a seasonal con- except an Industrial District, provided that all other provisions
venience to the owner or owners of the land. Any such stand shall be ordinance are complied with.
located a minimum of 15 feet from the street line, in such a manner a� SECTION 58, Building Floor Area. No dwelling in any <
to permit safe access and egress for automobiles, and parking off the shall be erected or altered so as to provide for less than 600 squa:
highway right of way. of net enclosed floor area.
14. Clubhouse or lodge, provided that no building so used shall be
within 100 feet of any street or within 150 feet of the lot line of an SECTION 59. Trailers. Trailer camps or parks and trail
adjoining owner and only upon special approval of the Board of Appeals. mobile homes for occupancy shall be prohibited in all districts exc
15. Not more than 2 signs in connection with each of the above uses, follows:
provided that such sign shall be on the lot and shall not exceed 4 square a. One mobile home may be placed on a vacant lot in a reside
feet in area, and further provided that any illumination thereof be so agricultural district for use as temporary housing during the consti
shielded that it illuminates only said sign. of a permanent dwelling on said lot for a period not to exceed 18 rr
unless such period be extended by permission of the Town Board, pr
SECTION 19. Accessory Uses. Permitted accessory uses in Resi- that said trailer shall be occupied by the owner of record of said lot.
dence Districts R 30 shall include the following: Said trailer must be removed upon the completion of consti
1. Office of a resident doctor, dentist, musician, engineer, teacher, although the 18 month time limit may not have fully expired.
lawyer, artist, architect or member of other recognized profession and b. Upon special approval of the Zoning Board of Appeals to
quasi-profession where such office is a part of the residence building viewed each year, one mobile home for each property owner shall t
provided that not more than 3 additional persons not residing on the mitted in all agricultural and R-30 districts, provided that one
premises may be employed. occupants of said mobile home shall be a full time agricultural em
2. A customary home occupation, such as dressmaking, hair dressing, of the property owner or a bonafide agricultural student doing a
laundering, home cooking; carpentry, electrical, and plumbing work or tural work for the property owner.
similar manual or mechanical trade; operated solely by a resident of the SECTION 60. Junk or Salvage Yards. Any area used for the
dwelling, provided that no additional persons not residing on the premises essing, storage, or sale of rags, scrap paper, scrap metal, or junk, inc
may be employed therein and that no goods or products are publicly automobile salvage yards or used automobile parts or building ma
displayed or advertised for sale, that there be no outside storage, and salvage yards shall be completely enclosed by a substantial anc
that no noise, dust, disorder, or objectionable odor is experienced beyond fence with openings only for ingress and egress. Such fence shall
the immediate property where such use is conducted. The above ' least 6 feet high and shall be no nearer than 25 feet from any
mechanical trades to be conducted in the basement of the dwelling or in highway right of way line. There shall be no storage outside the
3. Off-street garage or parking space for the occupants, users and
a garage area not exceed square feet. Any such junk yards existing at the time of enactment of this ord
garage
employees in connection with uses specified under Section 18, but sub-
shall comply with these requirements within one year of such date
ject to provisions of Section 45 and Section 69. SECTION 61. Front Yard Transition. Where an Industrial E
4. A temporary building for commerce or industry, where such build- abuts a Residence District on a street line, there shall be providec
in is necessary or incidental to the development of a residential area. distance of 50 feet from the district boundary line into such Ind
Such buildings may not be continued for more than one year except upon District, a front yard equal in depth to one-half the required fron
special approval of the Board of Appeals. in the Residence District.
5. Accessory buildings subject to provisions of Section 20.6. Not more than 2 roamers. SECTION 62. Side Yard on Corner Lot. On a corner loi
10 23
ARTICLE XI 7. The keeping of domestic animals or fowl in accessory bu
AGRICULTURAL DISTRICTS provided that no such building shall be nearer than 30 feet to
line of any adjoining owner, and further provided that there s
SECTION 51. Use Regulations. In Agricultural Districts buildings no raising of fur-bearing animals, keeping of horses for hire, or '.
and land may be used only for any lawful farm purpose, for a riding for more than 3 dogs over 6 months old.
academy or for any use permitted in a Residence District R 30. Other 8. Not more than one sign in connection with an accessc
provisions of this ordinance not withstanding, the following uses or activi- provided that such sign shall be on the lot, shall not be illuminat
ties shall not be permitted nearer to any Residence District than the shall not exceed one square foot in area.
following specified distances:
1. Establishment for the raising of fur-bearing animals-1,000 feet. SECTION 20. Accessory Buildings. In Residence Districts
2. Animal hospital, kennel, or place for the boarding of animals— ` accessory buildings other than garages may not occupy any opei
1,000 feet. other than a rear yard. Any accessory building may occupy not mo.
ARTICLE XII 30 per cent of any required rear yard and shall be not less than 3 fe,
NON-CONFORMING USES any side or rear lot line, except that a private garage may be built
a common lot line with a party wall by mutual agreement betwf
SECTION 52. Continuation of Existing Lawful Uses. Except as joining property owners. An accessory building on a corner lc
provided in Section 53, 54, 55, 56, and 73, any lawful use of land, or a not be less than 5 feet from the rear lot line. Accessory buildings
building or part thereof, existing at the time of this ordinance as amended, no case exceed 15 feet in height. Where the average natural slol
may be continued, although such building or use does not conform to lot exceeds 8 per cent rise or fall directly from the street line, a
the provisions thereof. garage not over one story in height and housing not in excess of
may be located in the front of side yard not less than 5 feet frc
SECTION 53. Abandonment of Use. When a non-conforming use street line upon special approval of the Board of Appeals.
has been abandoned for a period of at least one year, it shall not there-
after be re-established and the future use shall be in conformity with SECTION 21. Yard Regulations. In Residence Districts R 3(
the provisions of this ordinance, except that a non-conforming use that of at least the following dimensions are required.
ceases to operate because of a national emergency or because of govern- Front Yard—not less than the average depth of the frc
ment restrictions, may be resumed within a period of one year from the yards of buildings on lots immediately adjacent. However, i
time that such emergency terminates or such restrictions are removed. front yard depth shall not be less than 30 feet or need it
SECTION 54. Alterations. No non-conforming building or use shall greater than 60 feet.
be extended except as authorized by the Board of Appeals. Rear Yard—not less than 50 feet in depth.
SECTION 55. Changes. A non-conforming use may be changed Side Yards—each not less than 40 feet in width, except tI
to another non-conforming use of the same or more restrictive classifica- in one of the side yards, a one-story garage, either attached
tion and when so changed to a more restrictive use, it shall not again be the principal building, or separate therefrom, may be 15 fi
changed to a less restrictive use. The order of the classification of re- from a side line which is not a street line. When the height
strictiveness from the most restrictive to the least restrictive shall be the building exceeds 30 feet each side yard must be equal to i
as follows: total height.
Residence District R 15 Special yard requirements for specific uses as established by
Residence District R 30 18 are required.
Residence District R 9
Multiple Residence District SECTION 22. Building Coverage. No building or building
Agricultural District lot, including accessory buildings, shall be erected, altered or e�
Business District "A"- to cover more than 10 per cent of the lot area.
Business District "B" , Projections described in Section 66 are not to be included is
Business District "C" puting the percentage.
Business District"D"
Business District "E" SECTION 23. Size of lot. Lot sizes in residence district
Light Industrial District meet the following depths and widths at the front yard set-back.
Industrial District 1. Minimum lot area: 30,000 square feet.
SECTION 56. Restoration. Nothing herein shall prevent the con- 2. Minimum width of lots shall be 150 feet and the minima
tinued use and substantial restoration of a building damaged by fire, depth 200 feet.
22 11
SECTION 24. Special Properties. In the case of publicly owned 3. The manufactUre or refining asp' brick, trifle an terra costa, ei
properties, properties of universities, colleges, cemeteries, or other private lime, 'yprsuarnn arid plaster; emery owloth and sandpaper; paving unnaate
institutions, located in Residence Districts R 30, which comprise at least and the use of as cake oven or stone crusher.
o f
acres in area and are traversed by interior roads or driveways,s, tlne 4. The ww^resckimu of automobiles, and the storage of used autoa�„
front and side yard requirements of Section21 shall apply only alongscrape metal, or puun�, raps and paper, andused building materials,
tine exterior public street frontages and there shall be no rear yard re- 5. The, marrufacturc or storage of eropnlcasives and gas, aril and
opuuiremeerats. irnf3aruanahtes or petroleum products.
away"1"ICLE 171
SECTION 48. Performance Standards, Any use established i
MULTIPLE RESIDENCE;NC DISTR1crs Industrial District shall be so operated as to comply with the pserforn
st
alsp:'I1f +"' Location. aritln flea approval of the: "l own Board, a amndards ploveruainT noise, smoke, emission and odor heiube4for,
Multiple Residence District may be. established in any Residence or forth in rticle �-11, Section 42. No use already estabinslncd or
Agricultural District of the Town, effective date of this ordinance shall be so altered or modified
conflict with the performance standards governing noise estarb9
SECTION 26, else RegUlations. In Multiple Residence nce Districts herein.
no building shall Inc; erected or extended and no land or building or Part SECTION 49. Yard Regulation,;. In Industrial Districts no
thereof shall be used for other than arnyr Of the follo-wing purposes: are required except as provided in Sections 6t and 63.
One {amity, two farruily and rnnt;ult.ipule family dwwrellnrnpas„ grouped
so as to provide livirn„,p quarters for a mirairtuuuran of 3 faamille,s. S7iaC'I70N 50. Special Requirements shall be as follows:
SECTION 27. Ac°cessour�r Uses. Permitted Accessory 1.11ses in i" lul- 1. Parking: a r�rni nirnurnn of mine parking space shall dine provide
tipple Residence Districts shall include the fo.ullorwwirnp;: each 3 e:rnnploayyees. Parking shall not be located in any front yard. .
1.� Automobile parkin and garages, subject t.or the further require- am louts shall be surfaced rrtl�n -ain alack-coup, concrete, or other solid rnra
di
unemnts of this section. r p and sahaCphl stiree.tll be eloardrrud so s raoff-streetro.aperly.
2. �.Structures car .�m loading .
'2. darn areas in suucln nr�rncaurr
use rrof ncean l amp i fcu�r~ recreation, iu��ateancleaa liar resi- may he. nnecessa�r.y for the saes and types of proposed industrial a��:upe°r,
dents of the Multiple Residence Districts.
3. Such uses as may necessary for home-making activities such shall be provided.
y Access and iordeww�all s: access drives shall Inc pnaaw�c�F.d with hlacl
as dryirng yards or structunres inn ww�hich laundry f<acilitie�s are rnnairntamed
eel �•e must- h� irnn'tc: �• c�~°cicznt� h Multiple inlF Residence concrete, or other scald rrnaate;:a-naal, and if business is to:s be carried ,
but any Such use must e limited d to r si s of the u.lt p o es c the evening, shall be adequately lighted. No lights shall be placed
Districts. to reflect in an objecwticmaahle; manner on adjoining residential prop
m or public streets. Driveways and ww~alkww�ays shall provide safe a.
SECTION 28. Area,Yard, Coverage rage and Height Requirements uiremernts ,shall egress and traffic circulation within the site. The pnl,acernnernt, size
be as follows: arrangement of access to public streets shall be subject to the aapapn
1.Area: a rnnirnir u:aru tract of one acre is required for the development of the appropriate highway authority, Where density of popaulatia
of as Multiple Residence District. Said tract rnnmust contain at least 2,500 schonoul bus routes nnalce it 'desirable, the applicant shall install side,
square feet of gross lot area for each dwelling unit to be constructed. Writh the approval of the, aupnparoj-,irlautc highway authority,
1 Yards and Courts: 4. Signs: no more than 2 identifying signs may be co nstruucte
h shall . .a siar
a�oarat; 1''anawaf.a not teas than 5f3 feet. each �d be limited to ff square feet in area. No flashing f-p;.
1`aards riot less , .p nearest structure. � w s to reflect on aadjoi nsrnp residential pnurccpaertr
�5uof� than the hen-glut of flee mnc.ar rm�rns illuminated so
Rear Yards: not less than tvwic� the height of the nearest pauiblic ,streets shall be allowred. All signs shall be desr"rnewd and lot
structure, as to avoid then creation of traffic hazards and shall coarutcitr°rrn to
Courts shall be completely open on one stole, with as width arnernrties of the nelaaahborinoaoad.
moat less thanthe height of the tallest oppositestructureand 5. Buffer areas and screeniunpp: no structure shall he placedrµ
a depth not more than 1V"zbthee width. than 50 feet from any residence or 25 feet from an adjoininggriarur
3. Spaces between buildings: The distance between any two struc- District, A stripe at least 10 feet wide shall he planted or suitably fa
tares shall he no less than the aweza,p,e height of hoth, so as to screen the Industrial .Distract from present or future resiedem
4. including accessory buildings,, d, Landscaping, fencing and screening shall be, provided in any
shall be., uruldrrnpp ow�erµapfe. No building,erected or altered{ to cover more than 30 per cent of the lot area. where the proposed structure: or use would create a hazardous cornc
5. Height-: All structures shall conform in height with other strunc- or would detract from the value of neighboring property if such
tares in the vicinity; provided however, that no structure shall exceed scapirng, fencing or screening were not provided.
2 stories on the road side.
12 2.1
Board of Zoning Appeals for such further consideration as the Town SECTION 29. Special requirements shall be as follows:
Board may require. No buildinIg permit shall, in any case, be issued on 1. Parking: One garage or lot parking space shall be provid
the basis of a general site plan. each "Dwellh* Unit", phis one additional lot space for every 3 d,
3. Whenever a District is created pursuant to the provisions of this traits. No parking shall be located further than 2CX) feet front the d,
Article, the owner shall be bound by the site plan as approved and unit �it is inten(fed to serve, nor shall any parking be allowed
adopted by the Town Board. front yard or required side or rear yard. Parking lots shall be st
With black-top' compacted gravel, or other dust-free material, ariaSECTION 46-a, L AlteL M.it ultiple Residn B ece, usiness, Light In- be graded so as to drain properly.
aved with
dustrial or Industrial District, or any other Special •Land Use 1)i5J,[ict, 2, Access and Sidewalks: Access drives shall be 1)
has ed 'de- top, concri nd walkway
��yjlie "Fown Boar ,and whenever 4 specifi ete or other solid material. Driveways a
tqlnpe,�n or c) 1 -11 'd are � '�;,W ' '_ " " "" '- rovide safe access, egress and traffic circulation within the sit
't fla,ilge I P in the gemeral plan a site plan for
the pr(:uPosed use must be sut.3ti"ilited anrl ',�pproved by the Planning Board placement, size and arrangement of access to public ways shall be
before a building permit may be issued. This site plan shall show property to the approval of the appropriate highway authority. Where
lines, including metes and bounds, adjacent public streets, topography, of population or school bus rOLIteS make it necessary, the applicai
including existing arid proposed contours, size and location of structures, install sidewalks, with the approval of the appropriate, highway aui
area arid location of parking, of loading and access drives, pro- 3. Recreation: 'The applicant shaH provide recreation ar
posed signs and fighting, proposed landscaping and any other features children on the: prernises, in such amount as may be necessary
deerned reasonably necessary by the Plannina Board for adequate study tect the health, safety and general welfare of the children and r(
of the proposed plan, in the district.
4. Screeninc, of waste and refuse: no waste or refuse shall be
2. The Planning Board may require such changes as are necessary b
outside any building in the Multiple Residence District except urn
to meet the requirements of this ordinance. The Planning Board may following conditions: an area corrimon to all buildings, oi- a separ,,
make such reasonable charm es in the requirements as they may deern for each building shall be reserved at the rear of the StrUCtUre 0:
appropriate, subject to a 1� Tlic, hearing thereon as provided by Section a
281 of the To' I'l-111w" titres. This area shall contain bins, or other re�ceptacles ade(p
3. Upon submission of a final site plan, the Planning Board shall prevent the scattering of waste and refuse, and shall be plat
approve or disapprove the site plan. The owner shall be bound f)y the fenced so as to be screened from the public view,
site plan as approved by the Planning Board, SE" 770N 30. Site Plan Approvals, No buMing permit
issued for a building within a Multiple Residence District tin]
ARTICLE X proposed structure is in accordance with a site plan approved p
INDUSTRIAL PRODUCTS to the provisions of Article IX.
,5.ECTION 47. Use Regulations, In Industrial Districts buildings ARTICLE V11
and land may be used for any lawful purposes except for dwelling pur-
poses and except that all uses of land and buildings, and industrial proc- BUSINESS DISTRIUrS
essing that may be noxious or injurious by reason of the ernission of SECTION 31. Location: With the approval of the Town
dust, sirroke, refuse matter, water carried waste, odor, gas, funies, noise, Business Districts "A", "B" "C" "D" land "E" may be estab]
vibration, or sinillar substances or conditions May be permitted only I
upon special approval of the Board of Appeals. Such industries as the any district of the Town, except that Business Districts C a
followin(r shall require such approval: shall not be permitted in as Residence District R 15.
I. he rnanufacture or refinuif of acid, alcohol, arrinionia, asphalt, TION 3 Business Districts " ". Permitted uses in a
tar and v%raterprooling materialseach, chlorine celluloid, d sir fe ta t, SX2. A
exterininants and poisons, fertilizer glue larnp black, matches, oil cloth District "A" shall be the following:
it r I I. Retail food store
and linoleurn, paint, oil, shellac, t pentin'e and varnish, paper and pulp,
potash, pyroxylin, rubber and gutty percha, sauerkraut, shoe polish, and 2. Business or professional offices
creosote treatment or manufacture, stove polish, and garbage, offal, or 3. Bank or other financial institution
dead animal reduction, hog farms and the tanning, curing and storage 4, Bookstore
of hides and skins. 5. Drug store
2. Any of the following factories or works: arsenal, blast furnace, 6. Hardware store
boiler works, iron, steel, brass or copper fOLIndry, metal ore, smelting, 7. Package liquor store
planing mill, rolling mill hnd stockyards or slaughter house. S. Smoke shop
9. Utilities
20 13
5ECTION 33. Business Districts "B". Permitted uses in a Business illuminated so as to reflect on adjoining residential properties or p
District "B" shall be the followlng streets shall be allowed. All signs shidl be designed and located so
L Arry of the uses permitted in Business District "A" av-oid the creation of traffic hazards and shall conform to the ame-
2. Barber of the neighborhood.
3. Dry cleaning pick-up station 5. Buffer areas and screening- no StrUCtUre shall be placed ri
4. Florist than SO feet frorn air), residence or 25 feet from an adjoining Agricul
5. Beauty Parlor District. A strip at least 10 feet wide shall be planted or sLlitably ft
6. Hand or com operated Liundry so as to screen the Light Industrial District from present or fi
7. Nursery residences.
8. Milliner a 6. Landscaping, fencing and 9 screenirif shall be provided in any
-eenhouse where the proposed strunll r u won d create a e e or- hazardous cord
. Gi
10. Retail stores,except autornob en ile sales agencies �or would detract front the value of neighboring property if such
11. Shoeshiner, shoemaker and repairer scaping, fencing or screening were not provided.
11 Tailor 4
13. Tele graph and telephone office ,%RTICLE' IX
14. Any'rnunicipal or public utility, purpose necessary to the main-
tenance of utility set-vices S 1,TE PLAN APPROVAL
15. Fire station or other public building necessary to the protection
of or servicing of a neighborhood SECTION -10, Before an application is submitted to the I
.......... AB
Ifs. Public library Board for establishni�ii_t- XV,I'I g tip e esia"ence, BUsirress " ", " "
"U", and "E" and any other Special Land Ilse Districts, the estal
SECTION 34. Business Districts "C", Permitted uses in a Business ment of which may hereafter be permitted under this Ordinancc
District "C" shall be the following: hereinafter refer-red to as "Districts", th _�ppjj��aq�
1. Any of the uses permi't'ted in Business Districts "A" and "B" fo"11111OWS:
1 Autornobile sales agericy, provided that the display of auto.- 1. The applicant will subinit a general site plan to the Plar,
mobiles and accesso'"r-'Jes is conducted entirely within a building Board which shall also sho", property lines, including inetes and bok
3. Theatre, skating rink, bowlint I g alley, dance hall, where the adjacent public Streets, topography, size and location of existing or
activity involved is conducted exclusively inside a building posed structures, arid the ap'pla'cant shall submit such other plans
provided that such place of business shall be located it least inforrnation and any other- feawres decined reasonably necessary by
200 feet from as residence district Planning Board for adequate study of the proposed plan.
4. Building supply 2. The Plann'ng Board may require such changes in the general
5. Dry cleaner
6. Dyer plan as are necessary to rneet the requirements of this Ordinance
may rnake any other recommendations which it deerns necessar
I. Electrica➢ shop
prornote the general health, safety, rnorals and the general welfare od
S. Glass shop community. The Planning Board shall then adopt, a resolution r&
9. Heating shop �Idirja cither
10, Monwrient works Mel 5 " approval approval with rnodifications,, or disappr
11. Plumbing shop of the proposed plan, Before any, such resolution is adopted, the Plan
12. Printer Board shall hold a public hearing which shall be heard by the Plan
Restaurant or other place for the serving of food. If alcoholic ard within 30 days of the filing of the f,eneral site plan with the 1
13. Bo, I
I are served, the p,lace of buslrWs's shall be located at I hearing beverages . I ning Board, and such hear' shall be advertised in a newspaper of
least SW feet from an adjacent schoot or church or 150 feet (Ir'll Circulation in the TOV'111 of ltha,,.-a at least five (5) days before
from a residence district hearing, The Planning Board shall make its recommendation w'
14� Hotel or motel the thirty ('30) days after the hearing and forward the same to the T
15. Clubhouse or lodge provided that no building so used shall be Clerk.
I'he Town Board sliall thp)
any street or within 150 feet of the lot line hrwhi a public hearing on the prop
within 100 feet o?
district' w''ith the' sarrie notice re�_ b'
of an adjoining owner and only on the approval of the Board pu'red y lawipr,tluc Haase of an arnendr
to the Zoning Ordinance, If the Town Board establishes such district
of Appeals _R................... e' ilie' der.'"
16. Boat harbor and marina such hearing, it shall define the boundaries iereo ,
17. Appliance sale and service site plan and impose any modifications and additional requirement
18. Ambulance Service it may determine. Before finally establishing any such District, the T
M Arts and craft studio, Board may refer the application to the Town Planning Board or
14 19
2. Smoke. The emission of any smoke from any source whatever to M. Bicycle sale and repair
a density greater than the density described as #2 on the Ringelmann 21. Caterer
Chart is prohibited. The Ringelmann Chart as published and used by 22. Confectioner
the Bureau of Mines, U.S. Department of Interior, is hereby adopted and 23, Decorator
made part of these regulations. 24. Dressmaker
3. Odors. No use shall emit noxious, toxic, or corrosive fumes, gases, 25. Furrier
or matter, in such quantities as to be readily detectable at any point 26. Optician
along the boundaries of the lot wherein it is located. 27. Photographer
28. Refrigeration sale and repair
SECTION 43. Accessory Uses. Accessory uses permitted in a Light 29. Undertaker
Industrial District shall be the following: 30. Upholsterer
L. Automobile parking and off-street loading areas subject to the SECTION 35. Business Districts "D". Permitted uses in a Bu
further requirements of this article. District "D" shall be the following:
2. Accessory storage buildings, but not to include outside storage. 1. Gasoline sales station or garage for repairs, provided th;
3. Signs, subject to the further requirements of this section. servicing of vehicles shall take place on private property, and th
4. The dwelling of an owner, operator, or manager, or of a guard, repair work, except short-term emergency repairs, be carried on o
caretaker, or custodian, provided that no more than one dwelling unit doors. Such uses are subject further to Section 71 and Section 54.
per industry shall be established.
SECTION 35A. Business District "E". Permitted uses in
SECTION 44. Area, Yard, Coverage and Height Requirements ness District "E" shall be the following:
shall be as follows: 1. Restaurant or other place for the serving of food. If alo
1. Area: a minimum tract of 10 acres is required for the develop- beverages are served, the place of business shall be located at leas
ment of a Light Industrial District. feet from an adjacent school or church or 150 feet from a residence di;
2. Yards: Front Yard-not less than 150 feet. 2. Hotel or motel.
Side Yards-not less than 60 feet from any structure to a side 3. Club House or Lodge, provided that no buildings so used
property line. be within 100 feet of any street, or within 150 feet of the lot line
Rear Yards-not less than 50 feet. adjoining owner and only on the approval of the Board of Appeal;
3. Coverage: no principal building shall be erected or altered to 4. Boat Harbor and Marina.
cover more than 30 per cent of the lot area. SECTION 36. Permitted Accessory Uses in Business Di;
4. Height: no structure shall exceed one story or 25 feet in height. "A", "B", "C", "D", and "E" shall be the following:
SECTION 45. Special Requirements shall be as follows: 1. Automobile parking and off-street loading areas, subject t
1. Parking: a minimum of one parking space shall be provided for further requirements of this article.
each 3 employees. Parking shall not be located in any front yard. Park- 2. Accessory storage buildings, but not to include outside st,
ing lots shall be surfaced with black-top, concrete, or other solid material 3. Signs, subject to the further requirements of this section.
and shall be graded so as to drain properly. 4. The dwelling of a guard, caretaker or custodian but not
2. Off-street loading: off-street loading areas in such amount as may than one dwelling unit per building.
be necessary for the sizes and types of proposed industrial operations SECTION 37., Area, Yard, and Height Requirements shall t
shall be provided. 4 following:
3. Access and Sidewalks: access drives shall be paved with black- 1. Area: a minimum tract of 2 acres is required for the deg
top, concrete, or other solid material, and if business is to be carried on ment of a Business District.
in the evening, shall be adequately lighted. No lights shall be placed so 2. Yards: front yards-not less than 30 feet.
as to reflect in an objectionable manner on adjoining residential prop- Side Yards-none required where a party wall is consti
erties or public streets. Driveways and walkways shall provide safe but not less than 20 feet from any structure to a side property line,
access, egress and traffic circulation within the Site. The placement, size v d , L_ 30 t
' Rear t ar -not less than �v ieet.
and arrangement of access to public streets shall be subject to the ap- 3. Height: all structures shall conform in height to other stru,
proval of the appropriate highway authority. Where density of popula- in the vicinity; no structure shall exceed 2 stories in height.
tion or school bus routes make it desirable, the applicant shall install
sidewalks with the approval of the appropriate highway authority. SECTION 38. Special Requirements shall be the following:
4. Signs: no more than 2 identifying signs may be constructed and 1. Parking: a minimum of 300 square feet of parking area,incl
each shall be limited to 50 square feet in area. No flashing signs, or signs lanes and driveways, shall be provided for each 100 square feet of
18 15
area, excluding basements Used for storage, except in the: case of the fol_ 7.. In the event that any of the uses permitted in Business D
lowing ng uses, for which off-street parking shall he provided in accordance "C"' involve auxiliary, small-scale assembly, repair, processing or
with the following schedule. cation, such activity shall take place only in connection with pr
Office or bank building one space for each 200 square or services offered for immediate sale or direct service to custom
f " premises,, � objectionable ,seen
feet of olI"mca; or bank floor area.. the me.mrnmsc,s and further am-ovmcled that no noise,
mtoiat:oriunt, .stadium, theatre, or other place o public odor, vibration car disorder created thereby shall he experienced 1,
assembly; ftai,eral home or inortaaary; or resta raant: the lout lines of said businesses.
one space for c~mcln S seats. 8. Displays: in Business Districts , lrb , C and no c
HUZ1,zm 2t,PI . ire spaces for each lame, displays shall be permitted.
Retail store: one space for each 200 square feet of t
round floor plus one space for each RK) feet; of sales USCTION 39. Site. Plan Approvals, No building permit si-
,area on all other floors comnbmned. issued for a building or structure within a Business District unle
Hotel, nu)tel one space for each guest room, which proposed building is an accordance with a site plan approved purse
space must be available at night, the provisions of Article IX.
Skating isms and daavicex hail: parking paces equal in
number to 20 per cent of the capacity in persons shall ARTICLE VIII
be provided.
Apartment: one parking space for each dwelling unit. LIGHT I fi 4f.T a°I'I�Ienal I3I T.f�C' l'
`There shall be no parking in any required front, side or rear yard. SI:,C7"ION 40. Location. With theapproval of the Town
Parking louts shall be surfaced with black-top, stone, or other material that a bight Industrial District may be established in an.), district
does not produce dust and shall bee graded so as to drain properly. Town except a Residence district R 15.
2. Off-street loading: no less than one off-street loadimng space
shall be remlui:red for each 20,(M square feet; of floor area, including SE(:"7"iON 41. Permitted Principal Uses. The, principal use
basennm.,nt mraitted in a :light Industrial (.district shall he: industrial uses en t
3. Access andSidewalks: access drives shall be paved with black:- electric power or other motor power, or utilizing hand labor for
top, concrete, or other~ solid material, and, if business is to be carried cation or assembly.
on in the evening, shall be adequately lighted. 4�o lights shall be placed
so as to reflect in an objectionablef prop- SECTION 42. Any use shall be so operated as to comply wi
p " walkwaysp ��,� residential roc � �
and mm small provide safe, performance standards governing noise, smoke emissions, and odor
nnammm�em- emr7 a
ertmes or mml.mliot wtmeets. Driveways
access, egress and traffic circulation within then site. he placement, size inafter set forth.
and arrangement of access to public streets shall be subject to time: ap- I. Noise. 4t no point, on the boundary of a Residence, 1'` ultiph
prowl of the appropriate highway authority, Where density of popula_ dense or Business District shall the sound pressure level of any indi
tenon or school taus routes more it desirable, sidewalks shall be installed operation or plant, other than the operation of motor vehicles or
with the of the the approval appropriate highway authority. transportation facilities, exceed the decibel levels in tine designed
4. Signs: no flashing signs,, or signs illuminated so as to reflect hands shown below for the districts; indicated.
on adjoinnn residential proapertmes of- pulalmc streets in an objectionable Along Bus
mamnner smma l be allowed. District thaw
5. puffer areas and screening; no structure shall be placed nearer Octave Band Mong Residence, Multiple Residence Maximum Pt
than 50 feet from any residence, district and 23 feet from an agricultural cycles Per District Bournndaries-Maxirvnuni Sound Lev
district. t' strip at least 10 feet wide shall be suitably slanted Second Permitted Sound Level can Decibels dnaedbe
.p } f to screen f' .. _.._...____.
a Business District fronn present or future residences, or a suitable screen- i I to 73 72 7
inng fence shall be erected, No waste or refuse shall be placed outside any � 73 to 150 67 74
building in a Business District except under the following conditions: lit) to 3f .) 59 66
an area, common to all businesses, our a separate area for each bossines 3 s to 400 ato I2C1� 4 S3
shall be reserved at the rear of the structure or structures. These areas 600 bins,
contain p g tscattering� I2& to 240 40 47
of vw�aste and Zefuse��and�shallebeaclante lMorafemncednso asttombe screened 2400 to fif 34 4I
n p
from the public: wiewv, No refuse shall he burned onthe pr-emmnises. above. 48CK) 32 3
6, Landscaping, fencing and screening shall be provided in any
area where the proposed structure or use would create a hazardous con- Sound levels shall be measured with a sound level meter and
dition or would detract from the value of neighboring property if such ated octave band filter manufactured according to standards pre,,
landscaping, fencing or screening and safety were not provided, by the American Standards Association,
16 17