HomeMy WebLinkAbout1968 Zoning Ordinance Revised i
ZONING ORDINANCE
TOWN OF ITHACA, NEW YORK
AS RE-ADOPTED, AMENDED AND REVISED
1"1a;BR UARY 12, 1965
11fe:,ctive February 2 , 1968
For the purpose, of promoting the health, safety, morals or the gen-
eral welfare of the community, and to lessen congestion in the streets,
to secure safety frorn fire, panic and other dangers, to provide adequate
light arid air, to prevent the overcrowding of land, to avoid undue con-
centration of population, to facilitate the adequate: provision of trans-
portation, watesr, sewerage, schools, parrs and other public requirements,
tinder and pursuant to the Laws of the State of New "it""ork:, the size, of
buildings and other structures, the j.)e centage of lest 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 outer
purposes, aree hereby restricted arid rugu'lated as hereinafter provided.
ARTICLE I
SECTION 1. definitions. For the purpose of this ordinance certain
words and terms shall have tbe` following meaning unless the context
1 otherwise requires.
1. Words used in the present tense include the, future; the singular
number includes the plural, and the plural the singular; the. word "builcl-
rng" includes the word "structure"; arid the, word "occupied" includes
1� the wands "designed or intended to be occupied"'"; the word "used"" in-
cludes 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 which may be occupied by one or more
principal building and the accessory buildings for uses customarily inci-
dent to it
buildings., irtclareatg such open spaces as are used in connection with such�
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3. lot bate as property be>aartclar• r of a. lot. .
rightl. The lot area" shall not include any portion of a public highway
w� a 1 y �
of waythat may be included within deed description of the lot.
5. Family: A family consists of one or more persons related by blood,
marriage or adoption or any domestic help, or gratuitous guests, or a
group of one; or more persons occupying the premises and living as a.
single housekeeping unit, as distinguished from a group occupying a
boarding house, rooming hoarse, lodging house, club, fraternity, hotel or
r motel.
6. A "dwelling" is a building designed or used exclarsively as the
living quarters for one or A. "dwelling unit'" is a dwellm glra.�s.
7.
complete�by living facilities for n�e famil" or portion of as dwelling, providing
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d. A one-family dwelling" is a detached building designed for use
and in fact used for residential purposes by a single. fancily.
1.
. A "two-fancily dwelling" is a detached building designed for use
and in fact used for residential purposes by two families only.
10. A "inultiple 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
e n he l t house. .y f ' y rrs forasa
deemed a buardin g ro
1.2. ,� tcrcra•ist house" is a building c>r'a�arwall built aamrcl trsc.cl as
dwelling g other than a hotel or motel in whic' accommodations
tran-
sients are offered for compensation.
13. A "hotel or motel" is a building containing rooms designed and
originally planned to be rented or faired out for living or sleeping accomi-
anodations for transient occupancy.
14. A "clubhouse or lodge" is a building or prernises used exclusively
by members cif an organization and their guests which premises or l°auild-
angs are devoted to recreational or athletic purposes' riot prrimarily cc -
ducted for gain It excludes comercial and merchandisi >n
ng activities
other that) its own membership.
15. A "hospital" is an establishment for temporary occupation by
the sick or injured for the purposes of rne`adica'l treatment, but does not
include an establishment for permanent Occupation by the poor, in rrru,
incurable or insane.
16. A "cursing or convalescent: home" is a buildru lied
than a
hospital where sick or infira�ned 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 litre of the principal building, exclusive of overhanging
eaves and other permissible projections, extended to the side limes of
the lot.
18. A "rear yard"' is the opera space between the rear lot line arid 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 ar
side lot lure sand extending through from the front yard to the rear yard.
20 An "accessory burldiu�;" is a building subordinate and clearly
incidental to the pranca pa"al lrarilcding on the same; lot and used for purposes
customarily incidental to those of the principal building.
21. "Storage" is tlae outdoor accumulation or laying-rip of manu-
factured products or raw materials, or the ke^pin�"" of one or� more pieces
of movable equipment other than pleasure; automolarles.
22. A "non-conforming rise" is a use of land existing at the time: of
enactment of this ordinance and its amendments which does not conforrn
to the zoning re ula,t:ions of the district in which it is situated,
23. A "farm " is any parcel of land containing at least 3 acres which
is used in the raising of a ricultu�ral products, sa.,ach as crops, livestock,
poultry, and dairy, geruds. It includes structures necessary to the: pro-
duction and storage of agricultural products and ecluipnrrent.
2 . A "street line:" is the limit: of the right of way of a street, road or
highway. Where the word street appears this also aneans highway or road.
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25. A "flashing sign" is any illuminated sign on. which the artificial
light is not maintained stationary and/or constant in intensity and color
at all times.
26. A "clinic" is a building or any part of a building which is used
for the group practice of medicine by several physicians in which certain
facilities other than reception are shared by the occupants and in which
patients are diagnosed or treated by physicians specializing in various
ailments and practicing as a group.
27. A "parking space" is an area for the temporary parking of an
automobile 180 square feet in size exclusive of the parking lot circulation
areas.
ARTICLE II
ESTABLISHMENT OF DISTRICTS
SECTION 2. Districts. For the purpose of this ordinance the Town
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
a 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 ordinance,
entitled Zone Map, dated July 1, 1954, as amended to 1968, and signed
by the Town Clerk. Said map and all explanatory matter thereon and
amendments thereto are hereby made a part of this ordinance.
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 approxi-
mately 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.
5. Any lands existing in the Town of Ithaca which are unzoned at
the time of the adoption of this amendment, and any lands hereafter
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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
autorrratically zoned Residence District R 1.5 upon such acquisition,
except that strclr lands may be, thereafter rezoned to any other zone,
notwithstanding; the provisions of Section 31.
ARTICLE III
RESIDENCE DISTRICTS R r
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;.
shall riot A exceed family dwelling
provided that the second dwelling; unit
floor area excluding the basernerat of the
primary dwelling; unit except where the second dwelling; unit is con-
structed entirely within the basement; area, it may exceed 50"�.
. Church or other places of worship; convent and parish house.
4. Public library, public museum, public, parochial and private
schools, nursery s(hool, fraternity or sorority houses, and any institution
of higher lcarnin includingdormitory accommodations, Upon special
approval of the 3oard of Zoning Appeals, The application for such
approval shall be referred to the Planning Board and no final action
shall be takers, 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 truniature 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. `"gale of farm aril nursery products shall be subjeet 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 P)O feet from any lot line or street right
of way.
la. No manure shall be stored within 100 feet of any
lot lime or street right of way.
9. Any municipal or public utility purpose necessary for the mainte-
nance of utility services except that substations and srrnilar structures shall
be subject to the same set-back requirernents 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 !crating Appeals.
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12. rrrsing�, or convalescent homes, or medical clinics but only Upon
special apprtrval of the. Board of Appeals,
13. Cemetery and the huilclin s and structures incident thereto, lam:
only upon special approval of the toarcd of appeals
14. A roadside stand or other structure for the display and sale of
farm or nursery products incidental to farming and as, r seasonal con-
venience to the owner or owners of the land. any such stand shall he
located a minirnurra of 1.5 feet from the street line, in such a manner as
ito permit: safe access and egress for autornobile;s,, and parking off the
highway right of way.
15. Clubhouse or lodge, provided that no building so used shall be
w"athin 100 feet of any street or within 150 feet of the 'lot line of an ae1-
joinin g�,°owner and only upon the special approval of the 'Board of Appeals.1�a. blot more than 2 signs in connection with each of the above
uses, pro
vided such si a 1, ca nus shall be n the: lot: and shall not exceed
sc ua . .
i re; feet inarea, anal fr:urt2rca p�a.err�ielccC tlra�t any �illr�rrarir�ra�rticara ta�re�u°eof
he sea shielded that it: illsr1rrirraatcs only said sign.
SECTION 5. Accessory Uses. Permitted accessory uses in Residence
Districts R 9 shall include the following
1 The office of a resident doctor, dentist, musician, engineer,
teacher, lawyer, artist, architect or nrernber of other~ recognized profes-
sion, or quasi-profession where such officeis a part of the resicdence
building,
provided
that
alaenot moreelthan 3 additional persons not residing
on 9' employed.
2, A, customary home occupation, such as dressmal6rrg, hair dressing,
laundering;, home ce:,oking, carpentry, electrical, and plumbing work or-
similar manual or rne;achanical trade; Operated solely by a resident of the
cdwe.11in' provided that no additional. persons riot residing oil the premises
may hes e;mploye°cd therein and that no goods or products are publicly
displayed or advertised for sale:: that there be no outside stcarag;e, and
that no noise;, deist, disorder, or objectionable odor is experienced be-
yond then. immediate property where such use is conducted. The above
mechanical trades to he conducted in the: basement of the dwelling; or
in a garaa e area not to exceed 200 square feet,
employees in connection with uses specified under `ectia�p�an, users jest
C1f street rarage or airkin g space for the Occupants,,
provisions
air 4, last subject
IN
to rovisions of Section 45 and Section 6
�.. temporary building for commerce or industry, where such build-
ing is necessary or incidental to the development of a residential area,
lding may not be
d for
one year
sprra:da5h approval
al ofbuildings e audit"ecrteppeacavcsrrearrslcfr�ec�ticur � except ugaearr
special as r rovarl ca#" the liraar•ed of Appeals.
rs.ads.
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j h. The keeping of domestic animals or fowl in accessory lauilcding,�s,
g provided that no such building shall he, nearer than 30 feet to any lnt
line of any adjoining; owner, and furthers provided that theme: shall be
no raising of fur-bearing animals, keeping of horses for hire,, or kennels
for more than 3 dogs over 6 months old.
7. Not more than one sign in connection with air accessory arse pro-
vided that such sin shall Re' on the lot, shall not be illuminated, and
shall not exceed one square foot in area,.
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SECT1't').fV 6. Accessory Buildings. In R sicletwew Districts 1 r
accessory buildings other than garages May not occupy any open space
other than a rear yard, Any accessory building may occupy not more
than 40 per cent of any required rear yard and shall fle not less than 3
fee
built acrossfront
aac oss a common rear
lot lot
lineline,
wwit.h aepartythat
wallay private garae 1-nay rratutiral Syr ace aewlre nt
between aclperininc, property owners, An accessory building; can a corner
lot shall not be less than 5 feet from the rear lent lines. Accessory bUilediraO,s
shall in no ease': exceed 15 feet it) he ight. Where tile aver age nat ur�ar�l
slope of as lent exceedspees- cent rise car hall directly from the street line,
ar private garage, riot over one story in height and housing not in excess
feet
two czars may lre located in the front or side yard scat 1(:�Ss than 5
ee r furrn said street line upon special approval of the Board of Ap. !Wals,
S.,'C�"r"IC?N . `yard I crtwralaturar°as. In Residence Districts1 ��, yards
of at least the following; dimensions are required:
Front yard—not less than average depth of the front yards
of 1nnilcdira���
�,s seal kits immediately adjacent.nt. l��lo- m,,er, the front
yard de pat a, se t:-bac k, shall not be less rh an 25 feet near need it:
he greater than, 50 feet front the street: lure except %vhcae other-
wise specified.
Rear- card ...not less than 30 fect in depth.
Side Yards--each not less than 10 feet t in width, except that
tlaacaparancip°afal laeaafchrrrds, a �e�re-stteV taarap,el either~ attached to
in b y
free a s'ocle line which
f he re,from, may be 7 feet
h is not a street line, When the, height or
tbea laraalcditrg; e Xc.eeds 30 feet, each side yard must be eepatal to
half the total height of the building.y
Special yard requirements for spec.Hic uses as established by Section
are required,
SECTION 8. 'M.ifldhig Coverage,age, No buildings or building can
a lot, inclruding, ace e bs or°y hrrrldinf,,,s, sh all be, crectecd, paltered, or extended
to cover mot(! than 2.5 per cent of the lent area,
Projections described in Section 42 are not to be included in corn—
p>uatirngg the p>ercentig e,
SEC77ON 9. dice of lot. Lot suers in Residence Districts R 9 shall
naeTt the following?, depths and widths at the front yard set-back,
1, When no p)rrl,ihc ew ateer- or sewer is avadahle, the rnininaum w dt�lr
ij shall be 100 feet and tluc, nnrn.irnrrrn depth 1.50 feast.
2. When public water or sewer is available, the, nainin-itnit wid di
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A ay hedfara ecl and �hr, rnrinkiu n fdepat n 150 feet except that the depth
120 feet provided that the hit arena
shall be not less than 12,0(K) squire feet.
3.wrath shall When
hebothfpueet lic water and sewers are available, the minim urn
public l i c
that the depth r 1 the mininaarnn depth shall lac: 150 Ceet except
f may be reduced to a, rninim unr of 1,20 feet provided that
the: lent area shall neat he less than 9,000 square feet.
SECTION 0., SpecialProperties. In the, case of publicly awned.
properties, properties of universities, colleges, cemeteries, or other p>ri-
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vate inns tit a.ations, located in Residence Districts I 9, which comprise at
leant C acres in area and are 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 he no rear yard reg,uire-
rnents.
ll ARTICLE' .1
RE I1:1'li:: C DIS117RIC"I'S R 15
SECTION II Use Regulations, In Residence Districts R 15 no
building shaatl be erected or cvteaae�ed and no land or building; or pear(
thereof shall be used for other than any of the following pantposes:
1. A one family dwelling,
2.A two fannly clwclhngp, provided that the second dwelling unit
shall not exceed 30% cal` the, floor area ea:cla dingg the basement of the
prinn.ary dwelling unit except ",here then secone;l dw, ell i uanit is Con�u-
structed entirely within the basement area, it may exceed 50 ;,
1, Church or other place of worship, ce°znvent and parish house.
4.Public library, prahlic nnaasuca.arn, pulfic parochial and private
schools„ nursery ry scl"aool, and any institution of higher lean�ranarapr including
f clornnitoTy accc:zrnanodaatrcarns upon special aIpp ro-%ral of the Board of Ap-
peals, I lie application for such approval shall be referred txa the Pjannninp,
s Board and no final action shall be taken until the; Plaanning, Board has
sualannitte:cl its rcpacrat: or has, failed to submit, a report within '10 days.
J5. Publicly owned park or playground nonund inclnaling, accessory laaaildinggs
and improvements.
C. Fire station or other public 1wilciing, necessary to the protection
of or the sc rw,icing; of as ncighl.aorhooal'.
lnoabuilulin shall be nearer ange thanc:a100 rfeettare la ornaaanay feurse, pro-
l�ot lt
vncical that nn�e.
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8.
Any munncipa°a or public utility p)urpose necessary ary to the nn ainte-
nCc nm l" utility services except that substations and similar ;,rruactuares
r
shall be subject to the sane., set-back requirements me nt:s as apply to residences
in the district in which the substations or similar st:rne.t:uuaes are con-
structed,
1 c Not rnnore° than 2 signs in connection with each of the above uses,
provided that such sagns, shall be can than lot acid shall not exceed 4 sapuare
feet in area, ain(] fuaat.'he r provided that any illuanaanation thereof be sea
Shaielcl d that it illaaan inaat'ens only said signs,
SECTION 12, Accessory Uses, Permitted accessoa°y uses in l.c,si
dence Districts R '15 shall inelu.adc tlrc following::
1. J`he office of a resident doctor, dentist, musici ana, engineer, te,acher,
IR lawyer, artist, architect car nnennbe��ar of other rec°ognu ed pea ofa ssaean on-
gauasr quasi-profession where such office is a part of the residence building,,
2. Off-street garage or parking space for the occupants, users and
eryipaloyees in connection with aasaas spaecilkd Lander Section 11, but sub-
ject to provisions of Section 69.
3. A ternpaormy buailding, for corin e ce or industry where such, hua�ild-
in is necessary or arncidental to the developanrnc rit of ra residential area.
Such building z iay not be contintaed for more, than one year except upon
special ap>paroval of the card of Appeals.
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4. Accessory building subject to provisions of Section 1.5.
5, Not more than 2 roor ne,rs.
6. A customary home occupation, such as dressmaking, hair dressing,
laundering, home cooking; carpentry, electrical, °and plumbing work or
sirrulaar nnnusal or mechanical trader, operated solely by a resident of the
dwelling, provided that no additional persons riot residing on the, premises
may he employed therein and that, no goods or products are, publicly
displayed or advertised for sale, that there be no outside story-,e, and
that racy noise, dust, disorder, o objectionable odor is e,acpe aaence,Neyo nd
the ia 'rnediate prope;eaty where such use is conducted. The above
mechanical trades to he conducted in the basement of the,, dwelling or in
a garage area, hart to exceed 200 square feet.
7. "1"lie keeping of household pets and f'aarnily gardens,
S. The keeping of one horse if 2 acres of hand are provided and one
additional hors(, for each additional acre, but not an ore than a totaal of
three horses.
9. Not more than ernes sign in connection with an accessory ease;, pro-
vided that such sign shall be on the lot, shall not be illuminated, and
shall riot exceed one square foot in area.
M."2"CON 13. ccessoiI7 13tai1dings, In Residence Districts R 15
accessory buildings other thaan gaaragc a°rnaay not occupy any open space
other than as rear yard.
Any <aC'Cessscrryr building may occupy not more
0 than per cent of any required rear yard and shall be not less than 3 feet
front any side or rear lot liana,, except that a private garapre may he built
aadpraiaaingcgrrcrion lot line, with party wall by in unanaa a.ceanent en.
across n a a�a laeytwee,
ere owners, Ali accessory buildingcorner last shall
neat be: less than 5 feet from the rear lot. lane:. Accessory buildings sbaaH
in no case exceed 1.5 feet in height, Where the average natural slope of
a lot exceeds 8 per cent risei car fanll directly from tile srre.et line,, s privategtaraa ;e ncit over one story i�n height: and housing riot irr excess cess of 2 carsrnair he located in the front car side yard riot less than 5 fe°e:t fror n said
street line on approval of the Boar(] of Appeals.
EC2'11,1N 14, Yard Regulations, In Residence Districts 1w' 15 yards
of at:least the following dimensions are required:
FrontYard--not 'less than the average depth of the front:
yards of buildings on lists immediately aad,acent. However, the
front yard depth shall riot be less than25 feet: or ,need it be
greater than 50 feet except as otherwise specified.
Rear Yard,---not less than 30 feet in depth.
Side 'Yards---each not lass than 15 feet: it) width, except
that in erne.^ of the side yards, a crane-story garage,, Gaither attached
tear the principal building air separate therefreaan, may be, 10 feet
from a side lane which is riot a street line. When the lie;ght of as
buildin �� exceeds 30 feet each side yard roust be e a.aaal to two-
thirdsMae total height of the building.
Special yard requirements for specific uses as established by Section
1.1 are required.
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SEC."al"IfJN 15. BUIlding Coverage. No buildings or buildings can a.
lot, including
more accessory
e cent ct, s al lac crecte;cl altered, err• e tended
Projections described in Section � ,
r � buildings, shall
lot area.
� are not to lac included in coni-
puting the percentage.
J SECTION 16 Size of lot Lot sizes in residence districts shall niect
the following depths and widths air the front yard set-back.
1 j 1. Minimum width of lots shall be 1.00 feet; and the, minimum depth
150 feet.
SECTION 17., Special Properties. In the case of publicly owned
Jf !f varc. institutions, located ` Residence Districts R 15ew which comprise
D least C . c, ser Tres crd anuniversities, ,ro . . . ." . r atlrer"�e at
properties, ar
st a acres in ,area sand are. traversed by interior roads or driveways, tile.
front and sides yardrequirements of Section 14 shall apply only along
the exterior public street frontages and there shall be no rear yard r•e-
qw rement:s.
ARTICLE V
RESIDENCE C,1° DI;l R 'C."1 S R 30
SECTION 18 Use Regulations. In residence Districts R 30 no
f building shall be erected or extended and no land or building; or part
thereof shall her used for rather than any of the following purposes,
1.. One family dwellings.
2, A twofamily dwelling, lrrc:rwided that the second dvm,elling unit
t shall not exceed 50'y,', cal thedoor area excluding the basement of the
primary dwelling unit except where the; second dwe iling unit is con-
structed entirely a"7ithln the basement area, it rnay exceed 5 '
¢ . 3 Church or other 11a121cErs of wrarslhij>, convent and parish house.
p 3 Public library or public museum, public, parochial and private
dormitory aco��rrmodations b r approval of the learning iracflrrTh
application�lr � r3or so�la�asery calar�wrcerl srlaerllrla�rrc$rr�arr€serf lai lava r e
y y 1 p Board<l r,>f Appeals. 1"h�
al action shall 11l e 1 to the Planning and
c taken rrratd the Planning Board has submitted its
report t or has failed to submit a report within :30 da}s.
5. ubliel owned nark or playground including accessory buildings
and rrn y l p ys y l"
erf` or . Fire
of ea thrlrrailding necessary to the protection
1 � � "are �ta�atreaaa ear• other aealrlic
except ar: driving miniature servicingneighborhood,
1 ateno buildrrag� shall lac, nearertfi'nrr° a raisins golf course,
line;,
y 7 C"�a>lF l � 3�, ,
tr arowrelce3 that lC ➢ feet fre�arrr any lot lrraew.
S Garden, nursery,"or farm„ e�xcepat a hog, farm where the principal
food is garbage. Sale of farm and nursery products shall be subject to
the provisions" of Section 18, SUbdiwision 1:3. Usual farm buildings are
permitted, provided that:
a. Any building in which farm aninaarls at(,, kept shall
he at least 100 feet: from any lot lure or street right
of way.
la. No manure shall be stored wit'lain 100 feet of any
lest line or street: right of way.
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9. Any municipal or public utility pill-pose necessary to the main-
tenance of utility services except that substations and similar structures
shall be subject to the scan°re set-back requirements as apply to residences
in the district in which the substations err similar Structures are ce�arr-
structed,
10. Hospital, provided that: no building; so used shall be within 10
feet from any street or within 150 feet of the lot lute of any adjoining,
owner and only upon special approval of the Board of Appeals.
11. Nursing or convalescent hearties, or auedical clinics, but only upon
spr,cial aapaprovaai of the Board of Appeals,
12, f. a nret:ery and the buildin M and structures incident: thereto, but
only, upon special aap:aparovaal of the Urd of Appeals.
1.3, A roadside stand or other structure for the display and sale of.
faarrn car• nursery products incidental to faarnliargg and as as seasonal con-
venience to the owner or owners of the land. Any such stand shall be;
located a nrarnnrum of 15 feet from the street line, to Sraa h a nraanancrr as
to permit safe access and egress for ,autorxnobalers, and parking, tiff the
highway right of way,
14, Clubhouse or lodge, parcawrrle cl that no laaarlcling sir ta�t.c1 shall lwe
within 100 beet of any street or within 130 fe(.,,t of the ](_,at lint of an
ad,.poining; ow�ne�r aand only" upon spaecr al apapatrvdal of the � a�aa�d of Appeals.
provided, otat�,or h la-,arra ssitinlaeatcaronnectic.art with each of the above gases„
g the lot and shall not exceed 1 square
w feet in area, and further provided that any illaarninaation thereof be so
Shielded that it illuminates only said sign.
a`3Ef C"fO.Ar 19. Accessory Uses. I''erraarttecal accessory rases in Resi-
dence Districts 1� 30 shall inchldc the following:
I. Office of a resident doctor, dentist, rrausictaan, engineer, t¢eacltcer
lawyer, ,artist:, karchitcct or naernber of other recognized profession and
quasi-profession where such office; is a part of the residence huddingT
provided that not "ream than 3 additional persons not residing tiara the
premises may be r:rnployeda
2. A customary home. (weriptaation, such as dressmaking, hair dres'SIMg,
laundering, home cooking; carpentry, electrical, and plun"<bing, wore: car
similar tranuaal or n echaan%cal trade; operated solely by a resident of the
dwelling, provided that net additional persons neat residing; on the premises
may he, employed therein and that no goods or products are publicly
displayed or advertised for sale, that there, he no outside storage, and
that no noise;, dust, discurcleer, or objectionable ardor is experienced laeyond
the irnniedrattee property where such use as conducted. The above
mechanical trades to be conducted in the basement of the, dwelling; or in
as garage area not to exceed 200 square feet:,,
p3. Off street garage or parking, space for tare occupants, users and
employees in connection with uses specified unclear Section 18, but sub-
jeer to provisions of Section 45 and Section 69,
4, A tennporaary building, for commerce or industry, where such build-
ing; is necessary or incidental to the development of as residential area,
buildings may not be continued for nxore than one year except upon
special approval of the Board of Appeals,.
5, Accessory buildings SUbject to provisions of Section 20,
6, Not more than 2 roorners.
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7. I'lic keeping of dornest c anirtaals or fowl in accessory buildirt�s,
provided that no such bUildingg shall be nearer than 30 feet to any ]c>t
line of any adjoining; owner, ;arrel further provided that there shall be
no raising; of Cur-hearing, ,anirnaals, ke.epring, of horses for hire, or kennels
for nnnre than 3 dos over fa moruths old.
8. Not more than one sin in connection mrith ,in anccessor-y tune
shall
that such sign 'Shall be on the lot, shall no he illunninated and, riot exceed one square foot in area,
l,�rF
�I�'CTION 20, Accessory 3fr.rildings In Residence Districts 1� 30
accessory buildings other than garages May riot. occupy any open space
other
tc�errnt<a any required
Any aceasscary buildings nary occupy mart more than
t
quired� rear yard and shall he Went less than 3 feet fro
any side or rear tart lure, except that a private garage may be built across
aornr°doll lent brae with a party wall by nntrtual agprearnent between ad-
II� joining° propertya,:rvrnncrs. �Art accessory budding on a corner lint shall
not he less than 5 feet fron°a the rear lot line. Accessory buildings shall in
no case exceed lS feet in heigrht. Where the: average natural slope of a
lot exceeds 8 per cent rise or fall directly from the street line, a private
garage not over, one story in height an(] housings not in excess of cars
may be. located in the float of side yard not leers than 3 feet from said
street line up can special approval of the, Board of Appeals,
SECTIO1
f,� of at least the�following edrRegulations,
ratt�rr.,rartrns�ra�el:rn Residence DistrictsT�. 30yards 21, r
required,
I rcrra.at Yard—not less, than the average depth of the front
front yard 's crrr teats anrrnraecliaat~ly aclpaccrgt. lfenc:hver the
lards of buildiang, tl ,
y d de putts shall not be less than 30 feet or need it be
greater than 60 feet.
Ream 'carel._not less than 50 feet in depth.
&de "earcfseach riot less than 40 feet: it, width, except that
in one of the side yards, a one-story ggarage, either attached to
frornp as side lime, which' is not pa stre.es�here^Caornn, may last 13 feet
the principal building or separate t.
t line. 'When the height of
the building ewecaeds 30 feet each side yard must he equal to tlre
1 I total lnerg;ht
Special yard requirements for specific uses as established lay Section.
1� 18 are required.
SECTION 22. Building Coverage. No building; or buildings on a lot, including; accessory' buildings, ,sh'all be erected, altered or extended
cover more; than ]Cp per cent of the lot area.
I Projections described in Section66 are net to be included in c:orn-
uti; p, g the percentage.
,SFC ION 23. Sire of lot, Lot sires in residence districts shall
meet the fol]awvin(, depths arid widths at: the front yard set-back.
r l.. Minimum lot area: 30,000 sgUare feet.
f 2. Minimum width of lots shall be 150 feet and the minima nn
depth 200 feet;.
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SECTION Special Properties, In the cease of publicly owned
properties, properties of univer•sitie^s, colleges, cemeteries, or other private
institutions, located in Residence Districts R 30, which ccrnrprise at least
6 acres in area and are traversed by interior roads or driveways, the
front. and side yard requirements of Section 21 shall apply only along
the exterior public street frontages and there shall he no rear yard re-
quirements,
A
I [�TICLF VI
11 UI IAIP. E RESIDENCE DIS wIC'I'S
SECTION 2 Location. With al of the Icp Board, a
Multiple Iesil€rce yetrictmayleestaslcl in y Residence
Agricultural District of the Town.
SECTION 26 Use Regulati€ins, In 1" Ldtipwle Residence Disnicts
no building shall be erected or extended and no land or building or part
thereof shaill be used for other- Than Garay Of t°he l`e>llcawvrar prarrpros»C S:
One family, two family and multiple farrai'ly dw e lings, grouped
so as to provide living quarters for ar rninirnurn of a fanarhes.
gal;"C1I'1(,1N 27. accessory Uses. Permitted Accessory "Uses in Mid-
tiple Residence Districts shall include the following,:
r 1. Automobile parrlsing, and garages, subject to the further r.°ecpuirre-
nrents of this section.
2. Structures or use of open land for recreation, intended for resi-
dents of the Multiple Residence Districts,
3. fincwh rases as may be uec.etssm y for home-making activities, such
as drying yard, or structures in which laundry fac ilit e;, :ire ',',amtainecl
hilt ally SLIC11 use rnust behnuted to residents of the Multiple Residence
Districts,
SECTION 28. Area,Yard, Coverage and Height Iiequirernent:s shall
be as follows:
I. Area: a minimum tract of one acre is required for the development
of a Multiple Residence District. Said tract raust contain at least 250()
square feet of gross lot area for each dwww'lfingp� snit �to 'lee ccanstrr.rcted.
2. Yards and Courts:
Fr•cra,:-t Yard: not less than 50 feet.
Side Yards: not less than the heigght of the nearest structure,Rear Yards: not less than twice; the height of the nearest
est
structure.
Courts: sbaall be cornple.tcrlyr open on one, side, with :a wvir,dth
riot less than the: height of the tallest opposite structure and
a depth not more than 1.V/i the width.
3, Spaces between buildings: "Fhe distance between any two strcrc-
tures shall Buildingh o less than the average height of both.
4. Coverage: o, lauilclin nchrchngg� accessory buildings,
shall be erected or altered to cover more� ithan 30 per cent of the let area.
5. Height: All structures shall conform in height with Bather- struc-
tures in the vicinity, provided however, that no structure shall exceed
2 stories can the road side.
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SECTION 29. Special r•eel,u.ireincrits shall he as follows:
1. Parking: One garage or lot parking space shall be provided for
each "'f)wellin Unit" plus one additional lot space for every 3 dwelling
Units. No f),arkan, shah be located further than 200 feet front the dwelling
remit it is nitenc ed to serve, nor shall an parking he allowed in any
front aryl or required side or rear yard. 1"arking lots shell he surfaced]
with black-top, compacted gravel, or other dust-free material, ;and must
be graded so as to drain properly.
2. Access an(] Sidewalks: Access drives shall be paved with hlack-
f top, concrea:e, or other solid material, l)rrvcwaous warid ithruvatlnk�waya shall
placement,avide fsize and arrans�emenit of acrcesstlrtor public ways shall beats. `jest
� y. rrli�esct
f� to the approval of the appropriate highway authority. Where density
of population or school taus routes make, it necessary, the applicant shall
install sidewalks, with the, approval of the appropriate highway authority.
3. Recreation: f hc, applicant shall provide recreation areas fear
children on the premises, in such arriount as may be necessary to pro-
tect the health, safety and general welfare of the children and residents
in the district.
J y 4. Screenirm of waste and refuse: no waste, or refuse shall be placed
following conditions: in
common to all buildings, or a except under
outside farrrfelin' Multiple Residence Dist the
� area
for each building Shall he reserved at the., rear of the structure or struc-
�' , trrrc . "1'lais area shall contain bins, or dither receptaclesadequate to
prevent the scattering of waste: and refuse, arid shall be planted or
fenced so as to he screened from the public view,
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1 SIsC77ON 30. Site ]flair Approvals. No building permit shall he
JJissued for a building within a Multiple Residence District unless the
proposed struetrrre is in accordance with a site playa approved pursuant
to the provisions of Article: IX.
� 1
t , BUSINESS DISTRICTS
SECTION 31. Location: With the approval of the Town Board,
Business Districts "A", f:' , arid E may be established in
any district of the ].own, except that Business Districts "C" and ".D"
shall not be permitted in a Residence District R 1.5,
SECTION 32. f3usirress Districts "A"''. Permitted uses in a Business
District "A" shall be the followirig.
1. Retail foot] store,
2. Business or professional offices
3. Bank or other financial institution
4. Bookstore
5. Drnf; store
i (:i. Haat•c ware store;
7. Package liquor store
S. Smoke shop
9. Utilities
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5'TC; '1' s ,3 3. 1lusiness Districts " '% Permitted uses in a 13usirnes,s
District �' . sh<all be the followvru :
.. Any of tile, uses permitted in Business District "A"
2. Barber
3. l)r r cic;ar°nian pick-up station
4. Florist
3. Beauty Parlor
6, Hand or corn operated laundry
7. Nursery
8. Milliner
9. Greenhouse
10. Detail stores, except auta:anrobil s ales agencies
1..1. ` lioeshruer�, shoeloa ewr and repairer
12. Tailor
13. Telegraph and teleMione office
14. Any murnicilaal or public Utility purpose nnecexssar),, to the rrnain-
te=Trance of utility services
1.5. hire station or other public Esuddinw necessary to tine'« lirotectio n
of or setvac•ing of a neighborhood
1 Public library
�' ,, ,
a (;7`/f� n' . llrasrrncss l">rstricts C csrnaitted uses in a Business
District, "C"shall be then fcillownrnl,
and `'ll
1. Any of the. uses Inerruittecl In Business Districts 4�Aria � ,y
2. Arrtarnnrcrkialee sales agene provided that tire;. clnsplay of auto-
mobiles arrcl aacaes�aones is conducted entirely cs,ithin a building
3. Theatre, skating rink bowlrui, ally caactaV r , ace nal, Where the
c nu tod
€xclusively irnsicic a building
larovachncl that sucl��r Irl,ace cif Irusirless shall be located at least
200 fa^et fronn «a, residence district
4, Buflding scrinlily
S. Dr vv caeaanea.
6 I7y'er-
7. Electrical shop
8. � laass shop
9, Heating shoji
IQ mcnrnua°arent works
ILPlun°nbing slrcala
J 12. Printer
1.3. Restaurant or other place fear the serving of food. If alcTiholic
beverage's are se s Ve"(l, the place cnf lausnrne:ss shall lac lcic<atccl at
least SW feet fr-orrr an ael„jaaceant School air• church Ol' 1.31) feet
f`r~Dann a resiclea�nc�e district 14. flote, or nnotel
13. Clubhouse or lodge, provided that no lauildr"nnl� sea use(] shall be
within 100 feet of ally street or within 1.50 feet of the lot liras
Of Appeals of an aclfoiaring otivaner aancl orrl)r oar tine <alnlircav<al of c:lne 11a.>arce
16. Boat harbor and marina
17. Appliance sale and service
18. Ambulance Service
19. Arts and craft studio
1.4
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X Bicycle sale and repair
21. Caterer
22. Confectioner
23. Decorator
24. Dressmaker
25. Furrier
26. Optician
27. I'll otographe r
28. Refrigeration sale and repair
29. Undertaker
30. UP11018 terer
SECTION 3 5, Business Districts 'T". Permitted uses in a Bus'
District "D" shall be the following: iness
1. Gasoline sales station or garage for repairs, provided that all
servicing of vehicles shall take Place oil private property, and that no
repair work, except short-term emergency repairs, be carried on out_of-
doors. Such uses are subject further to Section 71 and Section 54.
SV,,'CT1ON 35A, Business District Permitted uses in Busi-
ness District "E" shall be the following:
1. Restaurant or other place for the servirn)� of food, If alcoholic
beverliges are serve(j, the place, of business shall Ee located at least 500
feet from an adjacent school or chUrch ("r 150 feet from a residence district,
2. Hotel or motel.
3. Club House llr Lodge, provided that no bUildingS so used shall
be within RX) feet of any street, or within 150 feet of the lot line of an
adjoining owner and only oll the approval of tile Board of Appeals.
4� Boat Harbor and Marina, '
SECTION 36, Pennitted Accessory Uses ill Business Districts
"B", "C", "Er and " shall be the foil '
I "E- owlng.-
L Autornobile parking and off-street loading arcas, subject to the
further requirements of this'article.
2. Accessory storage buildings, but not to include outside storage,
3. Signs, sub ect to the further requirements of this sect' 'To 1.
4. Ile dwelling of a guard, caretaker or custodiall but"nt more
than one dwelling unit per building
followin
SECTION .37. Area, Yard, and Height Requireriltnits shall be the
g:
L Area: a minitnurn tract of 2 acres is required for the develop-
ment of a Business District,
2 Yards: front yards--not less than 30 fe(,,,t.
Side Yards—rione rc(-jilired where, zi, Party wall is constructed
but 110t less than 20 feet from any structure to a side T)rciperty line,
Rear Yard.--not less than 30 feet.
3. Height: all structures shall conform in height to other structures
in the vicinity;
no structure shall exceed 2 stories in height,
SEC770N 38, Special Requirements shall be the foHowing:
L Parking: a mininluill of M)square feet of parking area, including
panes and driveways, shall be Provided for each IW square feet of flo,
or
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area, excluding basements used for storage, except it, the case of the, fol-
lowing rises, for which off-street parking, shall be provided in accordance
with the following.schedule:
Office or bank buileli g: one space for each 200 square
feet of office or bank floor area.
Auelitcrriwin, stcaeliu,n, theatre, or other place of public
assernb y; funeral home or rnr�rtrtary,- or ^restcattr°can.t:
r>ne spsac.e frar caclr .5 seats,
F"a�aa ae yflka e spaa`i`es for each lane.P,ta"I .near° care spr tee for each. 200 square feet of
g„rcoaand floor plus cute slrarce for each 500 feet of sales'rrea oil all otlrc°r flcrcars ccrrtrlairteecd.
lcrt l rrac,Fcl: ararc s�aacc: fc�r each guest acorn, which
space must be available at night.
Skaatin, ri,n and dancehazl'l.• parking spaeees equal in
a Lumber to 20 per cent of the, capacity in persons shall
be provided.
A cart?nent one parking space for each dwellingy unit,
There shall be no parking any required frcrrtt, side or rear yard.
Parking ing, lots shall be surfaced with black-top, stone or other material that
does not produce dust and shall be graded so as to drain properly.
2. Off-street loading: no less than one off-street loading space
shall be required for each 20,000 square feet of floor area, including
basement.
3. Access andSidewalks: Access drives shall be paved with black-
top, concrete, or rather solid material'
;:and, if business is to be, carried
can in the evening,, shall lie. adequately lighted, o lights shall be placedso as to reflect in air obpectionable nranrrer can uacl�rarnrrtg residentialprrLLopa-
cnties or public strce ts, l: rive.ways and Nvarllrwways shall provida^ safe.
access, egress and traffic circulation within the sites. The placement, size
and arrangement, of access to public streets shall be subpect to the ap-
proval of the appropriate highway authority. Where density of pol7nl -
tion or school bus routes make it da..sir•able, sidewalks shall be installed
with the approval of the aIpprre�rpri ate highway authority.
T. Signs: no flashing, signs, or signs illuntrnate:d so as to reflect
on adjoiniri residential properties or public streets in arrt objectionable
manner shall be allowed.
5. Bufrer areas and screenin rover structure: shall be placrc(I nearer
than 50 feet front any resilience district and 25 feet front an agricultural
l es, or , suit screen
Led to
arllarsrnes lJrsstrict, A trret frerxt present or at least 10 feet future
be Barr able scrc,ert-
suitably
residences
""g
fence shall be erected. No waste or refuse ,hall Ile placed outside any
building in as Business District except under the following conditions:
an area common to all businesses, or a separate area for each business
shall be reserved at the: rear of the structure or structures. These arenas
shall contain bins, or other receptacles adequate to prevent the scatteringof waste and refuses, and shall be planted or fenced pro as to Ix screened
from the public view. No refuse shall be burned oil the premises.
6i Landscaping, fencing and screening shall be provided in any
area where the, proposed structure or arse would create: a hazardous con-
dition or would detract from the value of neighboring property if such
landscaping, fencing or screening arid safety were not provided.
16
7. In the event that an, of the rises permitted in Business Districts
"CC" involve auxiliary, small-scale assembly, repair, processing or fabri-
cation, such activity shall take place only in connection with products
or services offered for irnnre,diate sale or direct service to custcorners on
the premises, and further provided that no objectionable noise, sntol;e„
odor, vibration or disorder created thereby shall be experienced beyond
the lot lines of said businesses..
S. Displays: in Business Districts "A", "B", "C'°" and "E" no outside
displays shall be permitted,
SECr77ON 9. Site Ilan Approvals. No building; permit shall be
issued for a building, car structure, within a Business District unless the
yproposed burldrrr�` is�in accordance with to site plan approved pursuant to
the provisions e'ri Article IX.
ARTICLE VIII
LIGHT INDUSTRIAL DISTI C"TS
SECTION 40, Location. With the approval of the Town Board,
a Light I11clrrstrial District may be established in any district of the
Town except a. Residence District R 15.
SECTION 41. Permitted Principal Uses. The principal r.rses paer-
nitted in a Light Industrial District shall be industrial uses employing
electric power or other motor power, or utilising hand labor for fabri-
cation or assembly.
SECTION 42. Any use shall be so operated as to comply with the
performance standards governing noise,, smoke emissions, and odor here-
inafter set forth.
1. Noise. At no p:routt on the boundary of a Residence, Multiple Resr'-
deuce or Business District shall the sound pressure level of any, individual
operation car plant, other than the; operation of motor vehicles or Bather
transportation facilities, exceed the decibel levels in the designed octave
hands shown below for the districts indicated-.
Along Business
District Boundaries
Octave Band Along Residence„ Multiple Residence Maximum Peirnitted
Cycles Per District Roundar es-M xiaxrann Sound Level in
Second Permitted Sound Level an Decibels___ Decibels
I to 75 72 79
75 to 1.50 67 74
150 to 3(X) 59 66
YX) to 600 52 59
6( ') to 120 46 5
1200 to 24( ') 40 47
2400 to 4800 34 41.
above 4800 52..__...... 3
Sound levels shall be measured with a sound level meter and associ-
ated octave hand filter manufactured according; to standards prescribed
by the American Standards Association.
j 17
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2. Smoke The emission of any smoke from any source whatever to
a density greater than the density described as #2 on the Ringelmann
Chart is prohibited. The Ring;clmann ("hart as published aarral used by
t
he Bureau of 'Mines, U.S. Department of Interior, is hereb aa adopteda.nd
made part of these regulations.
3. Odors. No use shall emit novicaars, toxic, or ceorrosrve 4'ume.s, gases,
or matter, in such quantities as to be readily detectable at any point
i
along the boundaries of the .lot wherein it is located.
i `C"1"Z( ' Accessory Clues. Accessory uses permitted in a Light
Industrial District shall be the following:
d.. Automobile parking and off-.street loading areas subject to that
further requirements
irme;nts of this article.
Accessory2. storage buildings, but rrot to include outside storage..
3. Signs, subject to the further reilturernents of this section.
4. The cdwelling, of au owner, operator, or manager, or of a guard,caretaker, or custoclian, provided that no more than cave dwelling unit
if per- industry shall be established.
EC:1'ION 44. Area, Yard, C';".ove^^rage and Height Requirements
shall be, as follows:
1„ Area: a minimum tract of 10 acres is regUin:;cd for they develop-
ment of a I light Inclrrsttial District.
2. Yards: Front Y arcd not less than 150 feet.
Side "Yards—riot less than 60 feet from any structure to a sicde
property line.
Rear Yards.—not dears than 50 feet,
cover3.raar�rre Coverage:
e age: no rent of
building shall be creectaecd or altered to
re than
Height: e cart
per alit: lot are<r„
4. g l rtrcwture shall exceed one story or 25 feet in height.
SECTION 45, Special Requirements shall be as follows.
t 1. Parking:: a rninirnurn (4 one parking space shall be provided for
each 3 employees, Parking shall not. be located in any front varcl P ark.-
ing; lots shall be surfaced with black-top, concrete, or other solid material
and shall be graded sea as to drain properly.
2. Off-street leracding off-street loading areas in such amount 'IS sar'ay
e ssary for the sizes and types of proposed Industrial operations
kre, trc,ccW '
shall be prrrvrde,rd.
3. Access and Siedcwwaalks: access drives shall be paved with black-
top, concrete, or other solid material acid if business is to be carried on
in the evening, shall be adequately l glrteed. No lights shall be placed so
as to reflect in an objectionable manner on adjoining residential prop-
erties or public streets. Driveways and walke,vays shall provide safe
anal access,
a�r artraffic circulation
t
r me aat of c� to 1praablicwithin the s .streets da"ali[te the pad aeer�rrent, sire
be subject to the ap-
proval of the appropriate highway authority. Where density of paop)ulaa-
tion or school bus routes crake it desirable, the applicant shall install
sidewalks with the approval of the appropriate highway authority.
4. Si. ns: no more than 2 identifyingsigns may be constructed and
each shah be limited to 50 square feet in area, No flashing signs, or signs
i.S
i
illuminated so as to reflect on adjoining residential properties or public
sure stshall hei�allowetraffic. ll h signs shall be designed and located so as to
hazards and shall conform to the arnenities
Of the neighborhood.
5. Buffer arenas arid screening: no structure shall be placed nearer
than 50 feet from any residence or 25 feet, from an adjoining A ricultural
District. A stripy at least: 10 feet wide shall be palante.d or suita.aly fenced
so as presentrc�srdcrae�a,sfromscreen the Fight. Industrial District from present or future
6. fencing y area
wheret e propose %str eta i-e or use�w�vo a cl�c�reatlec;r providedhazardous condition Y 67.
or Would detract from the, value of n neighboring property, if such land-
scaping, fencing; or screening, were not p�roweided.
ARTICLE it
SATE, PLAN APPROVAL
cSEMON 46 Before an application is submitted to the Town
44 w%%
Board for estahl�ishmcntaa�cr Ai ]�ialtrpalsi Via.*id��race, Business K4 %% %% 4K C ,
441Y, and "la:" and any anthem Special Land Use Districts, the establish.
m ert of which may hereafter be perarrtted tinder this Crcr.arrcc al l
hereinafter referred to as "Districts", the .applicat as
fcl� v . . w �,<
1. The applicant will submit a general site: plan to the Planning
Board which shall also show property fines, including nnete.s and bounds,,
adjacent public streets, topography, seize and location of existingor pro-
Posed strr.areIure,s, and the aj)pficant' shaR sulrrnit such others plans and
information and any other feawres decined reasonably 'necessary by the
Planning Board fa.`rr• aderepararta„ study of the proposed plan,
2 the Planning Board may require such changes in the general site;
r an as arc, rice.essrary to meet; the a•ec arrre tne�°nts of this Ordinance. and
� f p
raray make any other recommendations which it deems necessary to
parornote the general health, safety, metals and the general welfare of the
Coll rraar.a I'd ty. The Plaararnn g Board shall there adopt a resolution reconr-
me°nding either approval,va.l, approval wath modifications, or disapproval
of the proposed plan Before any such resolution is adopted, the, Planning;
Board shall hold a public hearing which shall he heard by the Planning;
Board within 30 days of the. filing, of the general site plan with the Plan-'
ring tue and such hearing shall be advertised in newsp
aper of gen-
era] crrculatrOr lu the [o fIca at lafi ( ) days before such
hearing,
�he Planning shall make its recommendation
within
the. thirty (30) days after the hearing and forward the sane to the Town
Clerk.
The Town Board shall the y hold t, aablac lcerrn� on the prcaasrc
district iilh theair , ra4rce rccuircd f ncthrcnt e to the Zoning Ordinance, If the Town Board estaalal'Ishers such district after
such hearing, it shall define the boundaries Ric ream, apapiareive the general
site plan .and impose any modifications and additional requirements as
it may determine. Before finally establishing any such District, the Town
Board may refer the application to the "Town Planning; Board or the
la;�
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Board of Zoning Appeals for such furtluT consideration as the Town
Board pray require. No building permit shall, in any case, be issued on
the basis of a general site plan.
3. Whenever a District is created pursuant to the provisions of this
Article, the owner shall be: bound by the site plan as approvedand
adoptedby the Town Board.
SECTION 6 a°r. 1 After a MUltipade Residence, 13usrue.ss, Light In-
dustrial or Industrial D ijttt,-1', or any other Special Land Use Dtapt1q,
has beei
,�eippi lem air l changes Ses in tthe: cown al Plan are, p rcaarros€ l � ite plan for
p 1,'�� ➢
J the proposed rasa,must be sulrrrratte( and approved by the Planning Board
be°fare as building permit May be issued. This site plan shall show property
lines, including metes and bounds, adjacent Public stre,cts, topop,rapby,
includinO existing and proposed contours, size, and location of structures,
pro-
area and leseat:iorr of parking, caEt-str<r:t loading and access drives, l:>t�ca-
posed sigms and lighting, proposed landscaping art([ any other features
deemed reasonably necessary by the Planning Board for adequate sturdy
of t.he, proposed plan.
2. The Plam inn Board may require such changes as are necessary
� to ni
cer the requirements of this ordinance. '17he Planning Board may
snake such reasonable than)°
2fdl es in the requirements as they may deem
appropriate, SUbject too a paw lic hearing thereonthereonas provided by Section
. of the.To" C;aaw . _
. Upon submission of a final site plan, they Planning Board shall
approve or disapprove, the site plan, The owner shall be bound by the
site plan as approved by the Planning Board.
ARTICLE
INDUSTRIAL PRODUCTS
and land may be used for any lawwful purposeslrsexcelrt�forrdw buildings
SECTION 47, Use Rew pulfiatr
y � � 1 vvellirr p�, �prr,rr-
proses and except that all uses of land and buildings, and industrial proc-
essing that may be noxious or injurious by reason of the emission of
dust, smoke, refuse matter, water carried waste, odor, gas, fumes, noose,
vibration, car similar substances or conditions pray be permitted only
upon special approval of the, Board of Appeals. Such industries as the
followin shall require, such approval-
1. ' he manufacture or refining- of arid, alcohol, ammonia, asphalt,
tar and waterproofing materials, bleach, chlorine., celluloid, disinfectant,exterminants and poisons, fertilizer, flere, lamp lydack, matches, oil cloth
and linoleum, paint, oil, shellac, turpentine and varnish, pauper and pulp,
potash,, pyroxylin, rubber and gutta prercha, sauerkraut, shoe polish, and
creosote treatment or manufacture, stove polish, and garbage, offal, or
dead animal reduction, hop,- fauns and the tanning, curing; and storage
of hides and skins,
2 .Any of the following factories or works: arsenal, 'blast furnace,
broiler works, iron, steel, brass or copper foundry, metal ore, srrrelting,
planing, mill, rolling mill hrrd stockyards or slaughter house.
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3. The manufacture or refining of brick, the and terra cotta, cement,
firrie, gypsum and plaster; emery cloth and sandpaper; paving materials;
�ap4In�
ketone crusher,
Ji hewreckia ofautomobiles, and thOgoWedaUtO 1)artS,
screta rags and paper, and used building rnaterials.
5 The manufacture or storage of explosives and gas, oil and other
inflannnables oi- petroleurn products.
SAXTION 48. Performance Standards, Any us(, established in an
Industrial District.shall be so operated as to cornply with the perforinance
standards g-overnin u0ise, smoke, emission and odor heinbefore set
forth in I f1j, Section 42, No use already established on the
effective date of this ordinance shall be so altered or modified as to
conflict with the performance standards governing noise established
herein.
SECTION 49, Yard Regulations, In Industrii], Districts no yards
are required except as provided in Sections 61 and 63.
SEC'7101V 90, Special Requirements shall be as follows:
L Parking: a rnininiurn of one parking space shall be provided for
c'aCh 3 employees, Parkinc"r shall neat be located in any front yard. Park-
ing lots shall be surfaced with black-top, C011crete, or other solid material
and shall be graded so as to drain properly.
2. Off-street loading: off'-s
1� treet loading areas it such amount as
may be necessary for the sizes and types of pror oscd industrial operations
shall be provided.
3. Acc,css and Sidewalks: access drives shall be paved with black-top,
concrete, or other solid rriate6al, and if fanciness is to be carried on in
the evening shall be adequately fighted. No lights shall be placed so as
to reflect in an objectionable manner on adjoiriing residential properties
Or Public streets. Driveways and walkways shall provide safe access,
egress and traffic circu atjon within the site, The placernent, size and
arranyoment of access to public streets shall be subject to the approval
of the appropnate highway allth(ffity, Where density of population or
school bus routes make it desirable, the ai)plicant shall install sidewalks
with the approval of the appropriate highway authority.
4. Signs: no more than 2 identifying signs may be constructed and
each shall be linnted to 50 s(luare feet in area. No flashing signs or
signs illUrninated so as to reflect on adjoinin residential properties or
so as p tea avublic streets shall be allowed. All sign,; shalf be, desi Yned and located
oid the creation of ti'affic iiazards and shall conform to the.
anienitiCs of the neighborhood.
5. BUffer areas and screening: no) structure shall be I.-Aaced nearer.
3, than 50 feet front any residence or 25 feet from an adjoining;
g Ax ' ulcural
District, A strip at least 10 feet wide sh,,A1 be planted or suita)ly fenced
so as to screen the IndUSt1'ia1 District from present or future residences,
6. Landscaping' fencing and screening shall be p n a provided in area
where the proposed structure or use would create a hazardous condition
or would detract from the value of neighboring property if such land-
scaping, fericing or screening were not provided.
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flood, earthquake, act of God, act of the public enemy, or catastrophe
within 6 months provided such damage constitutes are amount less than75% of the replacement cast of such buddinfn I'lie tinge lirint naay be
eextended by the Board of Appeals in cases of practical difficulty or un-
necessary hardship.
ARTICLE IC;a..,h^; XII:I
SECTIONS✓. Existing l� l^';t:�Al, 1�1�f��`Tl{l
]-(.its. Other
rant vrrtl�astarradrn nothing slaallra�arlut� tlarow�rsrr�aras of flies ordinance
g, p he rise for a single family
` dwelling of as lot of deed record at the time of the passage of this ordi-
nance, as anaenda cl, of less than the required size of teat in any distract
except an Industrial District, provided that all other provisions of this
ordinance are; complied with.
S1"C7`I()'N .58", Building Floor Area. No dwelling in any district
J shall be c°raected or altered so as to provide for less than 600 square feet
of net enclosed floor area.
I S f"C'a'f"10AI 59, Trailers. Trailer canes or pars and trailers or
mobile
lrcrrncws Beer eac:cralacarrcy shall Ire prohibited in all districts except asfeall
a. One mobile hoer°ae may be placed on a waacant lot in a residence or
aagricultural district for use as tc^rn[.aioraary housing during; the construction
of ,a permanent: dwelling:; Carr said lot for a paeriod not to exceed .1d months,
unless such pr¢riod be. extended by paernrission of the"l`owwn Board, providedthat said trader shall be occ,up led by the owner of record of said lot.
Said trailer inust
be
r � ccyc h �ae of construction
alth bh the 18, nacnthtinaelinritma nothavefullyyprrel.b. 1.Tl,ron special approval of the Zoning lkmrc:l of Appea➢s to be re-
viewed each year, one Mobile home for each'property owner shall be pre;r-
rrnitted in all agrieultural and R-30 districts, provided that one of the
occupants of said mobile home shall be ar frill time agricultural eempaloyee
of the property owner or a bon,,6]ae agricultural student nearing ag;ricul-
tur al work for the paroparrty owner.
'sECi"CION 60 Junk or Sahage Yards. Any area used for the proc-
essing, steerage, or sale of rafts, scrap paper, scrap metal, or Junk, including
automobile safvarge yards or used automobile parts or building.; materials
salvage yards shall be completely enclosed by ar Substantial and solid
fence with openings only fear ingress and caress jn Such fcce shall be at
least 6 feet high and slr�all be; no ne�"arcr t o an 25 feet from an r public
highway right of way .lane. .lyre"re shall be no storage oaraaide the; fence..
Away such p punk ,yards existing at the. tirne. f enactment¢'° this ordinance
of
shall comply with these requirements within such date.
J SI1CCIC)N 61 Front Yard Transition. Where an Industrial District
abuts a. Residence District can ,a street line, there shall be provided for a
distance, of SO feet front the district boundary .line into such Industrial
District, a front yard equal in depth to one-half the required front yard
in the Residence District..
SECTION 62. Side Yard on Corner dot. On a corner lot in a
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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 10 feet.
SECTION 63. Side and Rear Yard Transition. Oil every lot in a
Business or Industrial District that abuts directly on a Residence District,
there shall be provided as yard of at least 25 feet in width on such lot
along the line or lines where it abuts such Residence District,
SECTION 64. Porches and Carports. In deternnrijri�r the percentage
of building coverage or the size of yards for tbe purl I, this ordinance,
porches and carports, open at the sides but roofed, shall be considered
a part of the budding,
SE(.1 TION 65. Fences and Walls. The provisions of this ordinance
shall not apply to fences, or walls not over 6 feet high above the riatural
grade, nor to terraces, steps, unroofed porches, or other similar features
not over 3 feet high above the level of the floor of the gi-OUnd story.
SECTI'ON 65A., One sign, relating to the identification of new con-
struction may be erected in any distriCt in the '['own for a period not to
exceed one year provided it shall not
be illuminated or exceed 32 square
feet in area, and shall conform to set bacic requireinents in the district,
Upon appro.)val of the Town of Ithaca Planning Board, such J'wriod
may thereafter be extended senii-annually.
S'ECT10Y 66, Projections in Yards. P'.very Part of a requiro.,d
yard shall be open from its lowest point to the sky urio)[)structed, except
for the ordinary projections of silils, belt: courses, pilasters, leaders,
chirrineys, cornices, cave and ornamental fearures, provided that 11()
such projection nlay extend more than 2 feet into any required yard.
Bays inciuding their cornices and eaves, nu ay extend not rnore than
2 feet into any required yard provided that the sun-1 of such projections
oil any wall shall not exceed one-third the kmgth of such wail.
An open fire balcony or fire cscape wary extend not more than 4 feet
into any required yar(L
SECTION 67, Reduction of Lot Area, Whenever a lot upon which
stands a bUildnl�,', is changed in size or shape so that the area and yard
requirements of this ordinance are no Jorip,er complied with, such building
shall not thereafter be used until it is altered, reconstructed or relocated
so as to Conip]v With these re(1111rements. 'Fhe provisions of this Secti(M
shall not apply When as, portion of a lot is taken for a public purpose.
SEC770N 68, More than one building oil a lot. When there Is
more than one principal building oil a lot in any district the space
between such buildings must be at least equal to the surn of the, side
yards re(lidred by such buildings or the suin of the rear and the front
yards as the case may be.
SECTION 69, Parking Facilities. Every budding housing or de-
si' ed to house more than 2 Farnilies shall provide in connection with it
t and on the same lot garage space or off-street parking space for auto-
mobiles equivalent to the number of dwelling units provided in such
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dwellings. No automobile parking area shall be include(] in any front
yard, except for a lot with a single dwelling, housing not more than 2
farnllie&
The following uses shall be provided with off-street parking facilities:
1. School or'other educational inStItUtions-2 spaces for each class
roorn.
2. Hospital, sanitarium or nursing or convalescent horne—I space
for each 2 beds,
3. Medical clinic-4 spaces for each doctor, or for each office in
which a inedically-trained person is regularly in attendance, whichever
igUfC is large1%
4. Roorning house or tourist house-1 space for each roorn offered
to rent.
5. Fraternity or sorority house or membership club—] space for
each 4 beds, or one space for each 5 members, whichever figure is large
SECTION 70. Extraction of Natural Products, In any district no
sod, loam, wind, gravel or stone shall be removed or offered for sale ex-
cej:a in connection with a public work on the property or the removal of
silt or other recently accun-dated material that blocks as normal flow of a
water course without the special ,q)proval of the Board of Appeals, In
applying for such approval the app a n
�icant shall submit to the Board a pla
of the P't-oposed proiect, sh")wing property lines, arid adjacent public ways,
grades and depths of proposed removal, soil types to be removed, an(] pro-
posed reprading and repel inting of the property upon completion of the op-
eration. Jix considering the proposed use the Board shall time into account
the olrstance of the operation from ori neighb
t, ing property lind public ways,
the possible detriment Of Such Use to the future development of the Ian(]
in question, and the possible nuisance or detrin,writ of the operation to
11eighboring landowners and to the community as a whole. Fhe Board
may inipose such c(.)nditiOnS Upon the applicant as it deems nc cessary
tea protect the., l encral welfare of the cornnitinity, which may include a
tuner limit upon operations, and the requirements that a peif(rma i lice
bond be posted to instire compliance with the requirements of this
ordinance and with any further reasonable conditions imposed by the
Board.
Any nOrDlal building operation in connection with a legal buildingy
perrull, si,icll as excavation, filling, or grading, shall be excepted from the
provisions of this Section.
SEC77ON 71. Public Garages and (:'asoline Sales Stations.
1. No part of any building used as a public garage or gasoline service
station arid no filling 1-itunp, lift or other service appliance shall be erected
wil.1-6n 25 feet of any Residence District or in any required side yard,
2. No gasoline or oil purrip, no oiling or greasing niecharnsm and
no other ser'vice appliance installed in connection with any gasoline sales
station or public garage shall be within 15 feet of any street line or
highway right of way line, and when so installed shall not be a vic,)Ia-
tion of front yard requirements specified elsewhere in this ordinance.
SI'C; 72, Approval of County Health Department. No build-
ing permit, trailer permit, or certificate of occupancy issued under the
terries of this ordinance shall become or rernain valid unless the holder
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thereof complied with males and regulations of the TompkinsG:.)unty
Health Department under the tcerr�rrs raf the C,cony Sanitary Orclinarace..
SIs"t"TION 73. Abandoned Cellar Holes and fiarflcings. Within one
year after work On any excavation for a building has lref'ufl, any excava-
tion for a building shall be covered over or refilled by thee owner to the
normal grade. any building substantially destroyed by any cause Shall
he rchr.rilt or elentrrlisherl within one year. Any excavation or cellar holes
reenaaining after the elernolition or destruction of a building from any,
cause shall be covered over err filled b the owner within sane; year.
a y y�a °.
ARTICLE XI
ADMINISTRATION
l~fls`p":l'70Y 74, Enforcement. This ordinance, shall be enforced by.
Ipdesignated. y p fl case, except
�a�a srt or to written
order of the
e�y Board
el��of building grant
building,
permitp f, I sr s ww heer.c,^.
the prropaarsed construction, alteration or use thereof would be in vioha-
t:io.an of any provision of this ordinance,
SECTION 'U, Permit to Budd. No principal builclin'g or accessory
building, nor ally catlauer stril ttare,,, itaclUdirwrpt, bUt not linked to, tanks,
power and patrrnpa Stations, swim p ools, and si ,ns (except as pwe lIT6tt€d a 9sce_
whe ue in this Ordinance),in any e$re'trre t,except an accessory budding in an
afl6culttar al district, shall be begun or c nlarged without a. Permit to Build
issued by the, person designated by the Town Board. 'rims waiver of the
�! builditr prewrnait reeptrir'eraae�nt in A rtrrrltrrrsal Districts shall in no case
r�e,laee' r:he, parrag;�rerty owner fn.mi col-Iriahance with other �rovislons of this
orrlrnarnc•e No such permit shall be issued, except pmrsr.r nt to written
order caf the Board of Appefls, where the proposed d €onstr-ictiorr, aBta r:atacrra.
crr use would be in violation of any provision of this ordinance,
%re.ry application for a bi,6 efirrp paennit shall state; in writing the
i�ntende d use of drew building and sh afl be accornpanied by a plotplanwith all rlirraencsions shown mdicaing the sire and shape of the lot and
buddinc,.s.
Ever y aapupalic°ation for- a hatulcling pre^rnair shall k,c aeecctn°cpaa,tabetl by a
lie cornpwtut.ed on the basis of the of the improveniccrt to lac, con..
straac.te.ed as follows-
Vah,tx of lmprosrement Fee
$ I--$ -)'oof) 2.50
r,tiCDl.. J 0,000 5.00
j` Lf)(.I01__.. 20,000 p.t.Cff1
20,001— 504000
30,001.....- -10,000 20.00
40,001 50,f'7f) 25.( )
I(7f)gx) 50.f)0
1oo'(.' 1-- 5C ),d .°. ) 25DO
y f(1gf),pC)�01..._(1,000,0U) O
ver y.WO
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 issLaC.
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51XTIO Ili. Certificate of Occupancy. Each property owner
shall be responsible for compliance with all terms of this ordinance af-
fectin� his property, including restrictions oil change of use. Upon agagala
catio ns and inspection or explanation satisfactory to the person desig-
nated by the Town Board, such property owner shall he entitled to a
Certificate of Occupancy certifying that the; occupancy or proposed
occupancy complied with this ordinance.
SECTION 77 Bogard (if Appeals. There is hereby established a
Board d of Appeals which shall fcarrctrc>ra ill the rnanner prescribe(] by law.
T. The members of the Board of Appeals shall be residents of the
Town of Ithaca and shall be appointed by t:he Town 13o arod to serve for
f
tceramas as Prescribedd day law. Vacancies occurring in said Board dry expi-
ration of ternm or otherwise shall be �fillecd in the. saarne: manner... 2. The Board of Appeals shall choose its own chairman and vice-
cxhairrnaan, who shall preside in the absence of the chairman. In the ab-
sence of both the c airrnan and vice cbainnan, the; Board of Appeals
shall choose oose one of its naarnber as °actirm chairrrhan. Such chairman, or theParty acting in his stead (-hiring his ra&,,crre:c, uzi ay administer oaths and
compel the atterldirice of witnesses, The Board of Appeals may ,;appoint a.
secretary who shall take minutes of all its the c tings and keep its records.
g The Board of Appeals shall adopt from time, to time such rules
a and rejvulations as it may edgem necessary to carry into effect the laro
vrsrcarrs of this eordiriaance and all its resolutions and orders shall he in
acco
ce
chara��,rir.iwnztdrwrhewa,tr�9a�rrieve°rat of this carders may
officer of the Town
d. C'rrat, person a+��rar ward fo airy d<c.r xaer�i�a aa9" r�r�r�
w. ordinance ray take an appeal to
the 3l oard of Appeals, The� �� ��
of notices of Board arinl"", re tare dw,adl. shall pay , for the publication
�,k e applicant
of
� aired by law. �/',�,
, in accordance with the, gar~cawrsions
haerelnaftcr cc;ontairrii d in this Section, boar and determine appeals from
a ny refusals of ~a building e rrxmit of certificate of occupancy by the
person rle°signateed by the Town Board, or review any order or decision
of said person where, such order or decision is leased upon the; requirc_
ments of this ordinance,
6. Where there are; practical difficulties or unnecessary hardship in
the way of carrying out the strict letter of this; cordirmn(,.ie�, the Board of
Appeals shall have the power, in g)assirrl, Upon appeals, to vary or modify
the application of any of the regulations or provision, of this ordinance
so that the spirt of the ordinance sliall be observed and public safety
and welfare secured and srrlastaaamti~al Prstice (lone.
7 The Board of Appeals shall also hear and decide add matters r-ea-
feerrcd to it or upon which it is required to pass by the ort-ri of� this
ordinance.
In deciding such matters referred to it by the terms of this
Ordinance sand it) grantingspecial approval the Board of Appeals shall
sa. "T"Ire health, safety, rnoraals and general we'Kare of the community
in harnacony with the general ani pose of this ordinance shall be prornoted,
except pt that, as to all gazal>dic �inrldings and educational buildings whercin
the principle use is research, administration, or instruction the s antew.
shall be presumed to exist.
b. `ne premises are reasonably adapted to the proposed use, and
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that such use, except as to public and educational buildings, will fill
a neighborhood or community need.
c. The, propose(.. use and the location and design of any structure,
shall be consistent with the character of the district in which it is located.
d. 'rhe proposed use shall not be detrimental to the general amenity
or neighborhood character in amounts sufficient to devaluate neighboring
property or seriously inconvenience neighboring inhabitants.
e. "I"dne proposed access and egress for all structures and uses; shall.
be safely designed.
f. The general effect of the proposed upon the community as a whole,
including such items as traffic load upon public streets and load upon
water and sewerage systems is not detrimental to the health, safety arid
general welfare of the community.
d. TheBoard may impose upon the applicant such reasonable con-
ditions as it deems necessary to protect the general welfare of the corra-
i '
rn a nity.
SECTION 7S. In rnalcrn recommendations to the Town Board
and the Board of Appeals, the, I�4aanning Board shall determine that:
1. There is a need for the: proposed use: in the proposed location.
2. The existing and probable future character of the neighborhood
in which the Use is to be located will not be adversely affected.
3 'Fhe proposed chaange� is in accordance with a comprehensive flan
of development of the',]"Own.
SECS 2''ION 79, Va olatiorrs arid Penalties, PUr uant to Section 268
of the "I"eawrr Law an person, firm, Corporation or other violaating, any
provision
thereof shall .see deenned ru�ilty of an offense and upon
rreovrs�i€'
convict" subject to ra fine or to imprisonment as pro-
vided therein, Each week's continued vier➢ation shall constitute a scepraratee
offense.
%i'f;7'Itp. eeiC1. Amendments.
This ordinance may be amended as
provided by law.
SECTION TIC1N 8.1. Validity. The invalidity of any section or provision
of this ordinance shall riot invalidate any other section or provision
therecof.
SECTION 82, When Effective, This ordinance shall be in force and
effect Immediartely UpOn adoption and parblication as provided by, law.
SEC"70 ' 83. E:xisting Zoning Ordinance. Amended„ Ike-Adopted
carrel Re-Enacted. The existing o!c-ruing Ordinance of the Town of Ithaca,
New 'Fork, as amended, adopted October 25, 1954,, is hereby re-enacted,
readopted and amended. "I has re-adoption and re-eenaactrnent and the
adoption of arny amendmeent, sh;°all riot affeect any pending carp re vent any
future prosecution of or action to abate any violation existing at the time
this Ordinance as re-adopted, re-enacted and amended, if the use is in
violation of thee provisions of this ordinance, as re-adopted, re-enacted and
amended. Nothing herein shall be deemed to change the st:atars of non-
conforming rises created by virtue of the. Zo nine Ordinance adopted
October 25, 1954, as amended, if such uses remain non-conforming under
the provisions of this Ordinance, as re-adopted, re-enacted and amended.
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