HomeMy WebLinkAbout1971 Zoning Ordinance 1,
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ZONING ORDINANCE
TOWN OF ITHACA , NEW YORK
January , 1971
PREFACE
.PURPOSE :
This preface is meant to be an unofficial guide to acquaint
the reader with the purpose and procedures of this ordinance .
Each major land use section will be discussed separately with the
hope of clarifying the intent of the official text .
RESIDENCE DISTRICT R 15 :
It is the intent of this ordinance that any Vand in the .
town of Ithaca served by -municipal or public water and sewer and
not zoned for commercial , industrial , mobile home parks or
public use be zoned R-15 . Land in an R-15 zone may be developed
for residential purposes with (a) 15 ,000 square foot lots per
dwelling unit or ( b) cluster development with .a minimum lot size
of 10 ,500 square feet . Town Board land in an R-15 zone may be
rezoned to permit multi -family residences .
RESIDENCE DISTRICT R 30 :
Any land in the town of Ithaca not served by public water
and sewer and designated for residential. purposes (exclusive of
mobile home Park Districts ) shall be zoned R-30 . The reason for
the large lots is to allow adequate space for private wells and
septic systems . The Tompkins County Health Department may
require that lots be larger than 30 ,000 square feet due to poor
soil conditions . In any case , a minimum 100 foot width is required
so that if at some future time public water and sewer lines
are installed they will not have to be unnecessarily long .
MULTIPLE RESIDENCE DISTRICT :
Certain areas of the town are presently designated for multi -
family residences . However , upon approval of the Town Board any
suitable land in an R-15 district may be rezoned to multiple
residence district . The criteria which will be used by the Town
Board in determining the suitability of a proposed multi -family
residence site will be as follows :
(a) The proposed development will not adversely affect the
established character or value of the surrounding prop6,rty .
(b) The proposed development will not result in undue con-
centration of population so as to create severe congestion on
town roads in its vicinity .
MOBILE HOME PARK DISTRICTS :
It is the intention' of this district to permit the develop-
ment of mobile home parks in the Town of Ithaca . Individual
mobile homes are permitted only by the issuance of a special
permit of the Zoning Board of Appeals . A prefabricated or
sectional home is not considered as a mobile home .
BUSINESS DISTRICTS :
Business district A is intended for use as small neighborhood
retail shopping areas . Business district B is intended for large
retail shopping centers . Special permits are required for gasoline
stations which are permitted only in Business District B . A
free - standing
standing business sign is considered to be a structure and
must be approved by the Town Board .
INDUSTRIAL DISTRICTS :
It is the major intent of these sections of the ordinance
to permit industrial development but to prohibit the pollution
of the environment by industrial waste products .
AGRICULTURAL DISTRICTS :
It is the intent of the section to permit farm land to
continue being farmed nut to prohibit the uncontrolled devel'opmeint
of land for residential purposes . that has happened in the past
is that lots fronting on the major streets have been sold for
residential use . This has created large tracts of land which are
largely inaccessible from established roads . Residential dev-
elopment as R-30 (or R-15 if there is public water and sewer)
may take place provided that the agricultural land is rezoned .
PUBLIC LAND USE :
It is the purpose of this district to properly classify lands
which are held by governmental agencies or educational institut-
ions . Development of land in public land use districts is
deemed to be in the public interest and therefore not usually
regulated by this ordinance .
ZONING ORDINANCE
TOWN OF ITHACA, NEW YORK
OUTLINE
PAGE
Preface
Articl-e I Definitions
Article II Establishment of Districts 6
Article III Residence District R-15 8
Article IV Residence District R-30 11
Article V Multiple Residence District R-10 14
Article VI Mobile Home Park District R-5 . 16
Article VII Business Districts A and B 19
Article VIII Light Industrial District 22
Article IX Heavy Industrial District 25
Article X Agricultural District 27
Article XI Public Use District 27
Article XII Site Plan Review & Approval Procedures 28
Article XIII General Provisions 30
Article XI Non-Conform.ing Uses 33
Article XV Administrations 34
Appendix A 39
ti
ZONING ORDINANCE
-TOWN OF ITHACA, NEW YORK
RE-ADOPTED , AMENDED AND REVISED
AS OF
For the purpose of promoting the health , safety , m.orals or the general
welfare of the community , and to lessen congestion in the streets , to secur
safety from fire , panic and other dangers , to provide adequate light and
air, to prevent the overcrowding of land , to avoid undue concentration of
population , to facilitate the adequate provision of transportation , water ,
sewerage , schools , . parks and other public requirements , under and pursuant
to the Laws of the State of New York , the size of buildings and other struc
tares , the percentage of lot that may be occupied , the size of yards , the
density of population , and the location and use of buildings , structures
and land for trade , industry , residence ' or other purposes , are hereby re-
stricted and regulated as hereinafter provided.
ARTICLE I
SECTION 1 . Definitions . For the purpose of this ordinance certain
words and terms shall have the following meaning unless the context other-
Wise requires . Words used in the present tense include the future ; the
singular number includes the plural , and the plural the singular ; the word
"building" includes the word "structure" ; and the word "occupied " includes
the words "designed or intended to be occupied " ' the word "used " includes
the words "arranged , designed or intended to be used '", and the word "he "
includes "it" and "she " .
. 1 . ACCESSORY USE : A use customarily incidental and subordinate to
the principal use of a building on the same lot .
2 . BASEMENT : A portion of a building partly underground which has
more than one-half of its height measured from finished floor to finished
ceiling below the average grade of the adjoining ground .
3 . BUILDING , ACCESSORY : A building subordinate to the principal
building on the same lot and used for purposes customarily incidental to
those of the principal building .
4 . CAMP : An area of land or water, including any buildings thereon ,
which may include two or more cabins , tents , trailers , shelters , houseboats
or other accommodations designed for seasonal or temporary living purposes ,
whether or not such structures or accommodations are operated for profit .
5 . CLINIC : A building or any part of a building which is used for the
group practice of medicine .
6 . CLUBHOUSE or LODGE : An organization catering exclusively to member
and their guests and/or premises and buildings for recreational or athletic
purposes , which are not conducted primarily for gain , provided there are
not conducted any vending stands , merchandising or commercial activities
except as required generally for the purposes and membership of such club .
7 . COURT : An unoccupied open space , other than a yard , on the same
lot with a building ,
Iding , which is bounded on two or more sides by -the walls
of such building .
2
8 . DWELLING : A building designed or used exclusively as the living
quarters for one or more families .
.9 . DWELLING , MULTI- FAMILY or APARTMENT DWELLING : A building or group
of buildings on one lot containing separate dwelling units for three or
more families .
10 . DWELLING , ONE-FAMILY : A detached building designed for or occupied
exclusively by one family for residential purposes .
11 . DWELLING UNIT : A dwelling , or portion of a dwelling , providing
complete living facilities for one family.
12 . FAMILY : One or more persons related by -blood , marriage , or
adoption .
13 . FARM : A plot of land that exceeds ten , (10)- acres and . is used for
one . or more of the following purposes :
a . Tillage of land to produce food to .be consumed directly or
indirectly by humans or domestic animals or fowl .
b . . Grazing of land and its crops - to feed domestic animals or fowl .
c . Rearing of poultry for meat or eggs .
14., FLASHING SIGN : Any illuminated sign on which the artificial ' light
is not maintained stationary and/or constant in intensity and color at all
times .
15 . FLOOD PLAIN : The relatively flat area or low lands adjoining the
channel of a river , stream , water course ,- lake- or other body of standing
water , which has been or may be covered by flood water.
16 . FRATERNITY or SORORITY HOUSE : A building occupied and maintained
exclusively for a fraternity or sorority composed of students affiliated
with an academic or professional college or university and containing and
providing domestic and social facilities and services thereto .
17. GARAGE , PRIVATE : An enclosed space for the storage of one or more
motor vehicles , provided that no business , occupation , or service is con-
ducted therein nor space therein for more than one car is leased to a non-
resident of the premises .
18 . GARAGE , PUBLIC: Any garage . not a private garage , available to the
public , and which is used for parking , storage , rental , repair , washing
or . servicing of automobiles or other motor vehicles .
19 . HOME OCCUPATION : An occupation or profession which :
h
a . Is customarily carried out in a dwelling unit or in a building
or other structure accessory to a dwelling unit , and
b . Is carried out by members of the family residing in the dwelling
unit , and
c . Is clearly incidental and secondary to the use of the dwelling
unit for residential purposes , and
d . Which conforms to the following additional conditions :
1 . The occupation or profession shall be carried out wholly
within the principal building or within an accessory building
2 . Not more than two persons outside the members of the family
shall be employed in the home occupation .
3 . There shall be no exterior display , no exterior sign (except
as permitted under Section 11 ) , no exterior storage of
3
materials , and no outer exterior in.dica,t�on of tb.e home
Occupation or variation from, th.e reqjdential character of
the principal building . further , no motor vehicle
evidencing a sign or other advertisement of the Home
Occupation may be parked on or near the residential premises
the Home Occupation when such parking violates any of the afo
mentioned regarding . exterior display.
4 . No goods or products may be publicly displayed or advertised
for sale .
5 . No offensive noise , vibration , smoke , dust , odors , heat or
glare shall be produced .
In . particular , a Home Occupation includes , but is not limited to the
following :
Art Studio
-Dressmaking
Professional office of a physician , dentist, lawyer , engineer ,
architect , accountant , teacher , or psychologist within a dwelling
occupied by same . ,
Teaching , with musical fnstructjQn Ji,Mj.ted t9 a qingle, student At
a time .
Additional uses may be considered on an individual basis by the Board of
Zoning Appeals when in the Board ' s opinion ( 1 ) the proposed use is essentie
similar to those listed , ( 2) the proposed use will not adversely affect the
established character or value of the surrounding property , and ( 3) the
proposed use is in harmony with the, spirit and intention of the- ordinance .
20 . HOSPITAL : An establishment for temporary occupation by the sick
or injured for the purpose of medical treatment.
21 . HOTEL or MOTEL : A building containing rooms or living units
designed to be or in fact rented for transient occupancy and which may a1sc
include a restaruant and bar . The word,'hotel or motel shall include "motor
lodge , " "motor hotel , " "motor court , " "inn , " "tourist court , " or similar
names .
22 . HOUSE TRAILER or MOBILE HOME : Any portable structure or vehicle
designed to be transported after fabrication on its own wheels , or on flatt
or other trailers , or detachable wheels , which is used or intended to be
used for long term occupancy for living , sleeping , cooking , or eating pur-
poses. It does not include and is considered different than a sectional
house which is prefabricated in sections , transported to the building site ,
then fastened together and placed on a permanent and totally enclosed
masonry foundation and which has a minimum width of 18 feet for its entire
length. and contains- a minimum of 720 square feet of usable living space .
23 . JUNK YARD : The use of more than 200 square feet of the area of
any lot , whether inside or outside for the storage , keeping , or abandonment
of , junk or scrap materials . It includes , but is not limited to , an area
used for the dismantling , demolition , or abandonment of automobiles or othE
vehicles , machinery , equipment, appliances , or any other type of materials
or parts thereof. 4/
24 . LOT : A parcel of land which may be occupied by one or more�
principal buildings and the accessory buildings for uses customarily
incident to it, including 'such open spaces as are used in connection with
such. buildings .
4
25. LOT AREA: The total area within the property lines excluding
external streets or any part of a public highway right of way that may
be included within deed description of the lot.
26 . LOT LINE : Property boundary of a lot.
27 . MOBILE HOME PARK: A tract of land used or intended to be used
by two or more occupied mobile homes .
28 . NONCONFORMING USE : A use of land or a building existing at the
time of enactment of this ordinance and its amendments which does ' not
conform to the zoning regulations of the district in which it is situated .
29 . NURSERY SCHOOL : A school, building , or part of a building used to
provide daytime care or instruction for two or more children up to five
years of age .
30. NURSING or CONVALESCENT HOME : 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 defitient*,'
drug addicts or alcoholic patients .
31 . PARKING SPACE : An area for the temporary parking of an automobile
180 square feet in size , with a minimum width of 10 feet , exclusive of the
parking lot circulation areas .
32 . ROOMING HOUSE : A building used as a dwelling other than a hotel
or motel in which 3 or *more persons are hou.sed for compensation .
33 . SANITARY WASTE DISPOSAL or LAND FILL AREA: An area used for the
dumping or permanent filling with soil , stone , gravel , sand , refuse , or
any mixture thereof for the purpose of refuse disposal and which extends ,
fills , or builds up the area ' s natural contours .
34 . STORAGE : The indoor or outdoor accumulation or laying-up of
manufactured products or raw materials , or the keeping of one or more
pieces of movable equipment.
35 . STREET LINE : The limit of the right of way of a street , road ,
or highway . Where the word street appears this also means highway or road .
36 . THEATER, OUTDOOR DRIVE-IN : An open lot with accessoryfacilities
which is primarily used for the showing of moving pictures or theatrical
productions , on a paid admission basis , to patrons seated in automobiles
or on outdoor seats .
'37 . TOURIST HOUSE : A building used as a dwelling other than a hotel
or motel in which accommodations for transients are offered for compensatic
38 . USE : The specific purpose for which land or a building is designe
intended , arranged , or for which it is or may be occupied or maintained .
The term "Permitted use " or its equivalent does not include any noncon-
forming use .
39. YARD , FRONT : The open space between the street right of way
line and the front line of the principal building , exclusive of overhanginc
eaves and other permissible projections , extended to the side lines of the
lot .
40 . YARD , REAR; 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 .
41 . YARD , SIDE : The open space between the principal building ,
exclusive of overhanging eaves and other permissible projections , and a.
side lot line ,and extending through from the front yard to the rear yard .
ARTICLE 11
ESTABLISHMENT OF DISTRICTS
SECTION 2 . Districts . For the purpose of this ordinance the Town
of Ithaca is hereby divided into 10 types of districts as follows :
Residence Districts R 15
Res.idence Districts R 30
Multiple Residence Districts R 10
Mobile Home Park District R 5
Agricultural Districts
Business Districts A
Business Districts B
Light Industrial Districts
Heavy Industrial Districts
Public Use Districts
Said districts are set forth on the- map accompanying this ordinance ,
-entitled Zone Map , dated July 1 , 1954 , ,as amended to 1971 , and signed by
the Tovin Clerk . Said map and all explanatory matter thereon and amendments
thereto are hereby made a part of this ordinance .
Regardless of the existence of purported copies of the Official Zone
Map which may from time to time be made or published , the Official Zone
Map which shall be located in the Office -of . the Town Clerk shall be the
final authority as the current zoning status. of land and water areas ,
buildings , and other structures in the Town .
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 . Boundaries indicated as approximately following the center line of
streets , highways or alleys shall be construed to follow such center lines .
2 . Boundaries indicated as approximately following plotted lot lines
shall be construed as following such lot lines .
3 . Boundaries indicated as approximately following town limits shall
be construed as following town limits .
4. Boundaries indicated as following shore lines shall be construed
to follow such shore lines , and in the event of change in the shore line
,shall be construed as moving with the actual shore line ; boundaries indi -
cated as approximately following the center lines of streams , rivers ,
canals , lakes , or other bodies of water shall be construed to follow such
center lines .
5 . Boundaries indicated as parallel to or extensions of features
indicated in subsections 1 through. 4 above shall be so construed . DistanCE
not specifically indicated on the Official Zone Map shall be determined by
the scale of the map .
6 . Any lands existing in the Town of Ithaca which are unzoned at the
time of the adoption of this amendment , and any lands hereafter added to
the Town of Ithaca by annexation or otherwise , are hereby zoned to the saME
i
zone or a more highly restrictive zone than the adjacent zone . Any such
after-acquired lands shall be automatically zoned Residence District R-30
upon such acquisition except that such lands may be thereafter rezoned to
any other zone , according to the provisions of Article XII
8
ARTICLE III
RESIDENCE DISTRICTS R 15
SECTION 4 . Use Regulations . In Residence Districts R 15 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 . In addition to a single family , such dwelli
may be occupied by not more than two boarders , roomers , lodgers or other
occupants .
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 . A two family dwelling shall be occupied by� not more than.
two families , except that the following occupancies may also be permitted :
( 1 ) If each of the two dwelling units in a two-family house is occupied by
a family , then each such unit may also• be occupied by not more than one-
.boarder , room'er , ' lodger or other occupant *, (2) If one of such two units is
occupied solely by a family , then the other unit may be occupied by not
more than two boarders , roomers , lodgers or other occupants ; * (3) If neither
of such units is occupied by a family then the total number of such occu-
pants in such two-family dwellings shall be no more than three . One or twc
family dwellings may be occupied by more than the occupants permitted aboVE
by Special Permit of the Board of Appeals upon application to such Board .
3 . Church or other place of worship , convent and parish house , public
library, public museum , public , parochial and private schools , nursery
school , and any institution of higher learning including dormitory
accommodations upon special approval of the Town Board . 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 .
4 . Publicly owned park or playground including accessory buildings
and improvements .
5 . Fire stations or other public building necessary to the protection
of or the servicing of a neighborhood .
6 . Any municipal or , public utility purpose necessary to the maintenanc
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 .
Special approval of the Town Board is required .
1
7 . Not more than 2 signs in connection with each of the above uses ,
provided that such signs shall be on the lot and shall not exceed 4
square feet in area , and further provided that any illumination thereof
be .so shielded that it illuminates only said signs .
8.. Nursing or convalescent homes , or medical clinics but upon special
approval of the Town Board .
9 . Cluster Development : In an R 15 or any residential district serve(
by both public water and sewer facilities , development of land in such a
9
manner as to promote the most appropriate use of land , to facilitate the,
adequate and economical provision of streets and utilities , and to preservE
the natural and scenic qualities of open lands , the planning board may
authorize a reduction in lot sizes of not more than 30 .0% in subdivisions
whose total acreage exceeds ten acres . The approval of any such proposed
site plan shall be subject to all the conditions of Section 281 of the
Town Law of New York State (see appendix) .
SECTION 5 . Accessory Uses . Permitted accessory uses in Residence
Districts R 15 shall include the following :
1 . Off--street garage or parking space for the occupants , users and
employees in connection w',t)k uses specified under "Section 4 but subject
to provisions of Section (58.)IkAx ,
2 . A temporary building for commerce' or' industry where such building
9
is necessary or incidental to the development of a residential area . Such
building may not 'be continued for more than one year except upon special
.permit of the Board of Appeals .
3 . Accessory building subject to provisions of Section. 6 .
14.
4 . A customary home occupation as defined in Section 1 , item Z-5.
5 . The keeping of household pets and family gardens .
6 . Not more than one sign in connection with an accessory use provided
that such sign shall be on the lot, shall not be ill min ted , and shall
not exceed one square foot in area .
Yle
SECTION 6 . Accessory Buildings . In Residence Districts R 15 accessor
buildings other than garages may not occupy any open space
pace other than a -
rear yard . Any accessory building may occupy not more than 5 per cent of
the lot area and shall be not less than 10 feet from any side or rear lot
line , except that a private garage may be built across a common lot line
with a party wall by mutual agreement between adjoining property owners .
Accessory buildings shall in no case exceed 15 feet in height . 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 and
housing not in excess of 2 cars may be located in the front or side yard
not less than 5 feet from said street line on approval of the Board of
Appeals .
SECTION 7 . Yard Regulations . In Residence Districts R 15 yards of
at least the following dimensions are required :
Front Yard--not less than the average depth of the front yards
of buildings on lots immediately adjacent. However , the front yard
depth shall not be less than 30 feet when adjoining a town road ,
40 feet when adjoining a county highway and 50 feet when adjoining a
state highway.
Rear Yard--not less than 30 feet in depth .
Side Yards--each not less than 15 feet in width , except that in
one of the side yards , a one-story garage , either attached .to the
principal building or separate therefrom , may be 10 feet from a side
line which is not a street line . When the height of a building
exceeds 30 feet each side yard must be equal to two-thirds the total
height of the * building .
SECTION 8 . Building Coverage . No building or buildings
on lot , including accessory buildings , shall be erected ,
altered , or extended to cover more than 20 per cent of the
lot area .
Projections described in Section 55 are not to be
included in computing the percentage .
SECTION 9 . Size of lot . Lot sizes in residence
. districts R 15 shall meet the following width requirements .
1 . Minimum lot area : 15 ,000 square feet where there t,9 /3-f-�
water and sewer available . Where there is no
municipal water or sewer service to the dwelling
unit or units then the mininym lot area shall be
30 ,000 square feet.
2 . Minimum width of lots shall be 100 feet .
ARTICLE IV
RESIDENCE DISTRICTS R 30
SECTION 10 . Use Regulations : In Residence Districts R 30 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 .
I . -A one family dwelling . In addition to a single family , such
dwellings may be occupied by not more than two boarders , roomers , lodgers
or other occupants
2 . A two family dwelling provided that the second dwelling unit shall
no't exceed 50 per cent of the floor area excluding the basement of- the
primary dwelling unit . A two family dwelling shall be occupied by not
more than two families , except that the following occupancies may also be
permitted : (1 ) If each of the two dwelling units in a two-family house
.is occupied by not more than one boarder', roomer , lodger or other occupant ;
(2) If one of such two units is occupied solely by a family , then the other
unit may be occupied by not more than two boarders , roomers , lodgers , or
other occupants ; ( 3) If neither
r of such units is occupied by a family then
the total number of such occupants in such two-family dwellings shall be
no more than three . One or two family dwellings may be occupied by more
than the occupants permitted above by Special Permit of the Board of
Appeals upon application to such Board .
3 . Church or other places of worship convent and parish house .
4 . Public library or public museum , public , parochial and private
schools , nursery school , and any institution of higher learning including
dormitory accommodations by approval of the Town Board . 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 to the protection
of or the servicing of a neighborhood .
7 . Golf course , and upon special approval of the Town Board , except
a driving range , or a miniature golf course , provided that no building
shall be nearer than 100 feet from any lot line .
8. Any municipal or public utility purpose necessary to the maintenanc
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 .
Special approval of the Town Board is required .
9 . Nursing or convalescent homes , or medical clinics , but only upon
special approval of the Town Board .
10 . 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
adjoining owner and only upon special approval of the Town Board .
11 . Not more than 2 signs in connection with each of the above uses ,
provided that such sign shall be on the lot and shall not exceed 4 square
feet in area , and further provided that any illumination thereof be so
shielded that it illuminates only said sign .
SECTION 11 . Accessory Uses . . Permitted accessory uses in Residence
Districts R 30 shall include the following :
1 . A .-customary home occupation , as defined by Section 1 , item 19 .
2 . Off-street garage or parking space for the occupants , users and
employees in connection with uses specified under Section 10 but subject
to provisions of Section 58 .
3 . A temporary building for commerce or, industry , where such building
is necessary or inciderftal to, the development of a residential area . Such
buildings may not be continued for more than one .year except upon special
apprqXal of the Board of Appeals .
4. Accessory buildings subject to provisions of Section 12 .
5 . The keeping of domestic animals or fowl in accessory buildings ,
provided that no such building shall be nearer than 30 ' feet to any lot
line of any adjoining owner , and further provided that there shall be no
raising of fur-bearing animals , keeping of horses for hire , or kennels
for more than 3 dogs over 6 months old .
6 . Not more than one sign in connection .with an accessory use provide(
that such sign shall be on the lot , shall not be illuminated and shall not
exceed one square foot in area .
SECTION 12 . Accessory Buildings . In Residence Districts R 30
accessory buildings other than garages may not occupy any open space other
than a rear yard . Any accessory building may occupy not more than 2 per
cent of any lot area and shall be not less than 10 feet from any side or
rear lot line , except that a private garage may be built across a common
lot line with a party wall by mutual agreement between adjoining property
owners . Accessory buildings shall in no case exceed 15 feet in height .
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 and housing not in excess of 2 cars may be located in the front
or side yard not less than 5 feet from said street line upon special
approval of the Board of Appeals .
SECTION 13 . Yard Regulations . In Residence Districts R 30 yards
of at least the following dimensions are required .
Front Yard--not less than the average depth of the front yards of
buildings on lots immediately adjacent. However, the front yard
depth shall not be less than 30 feet or need it be greater than
60 feet .
Rear Yard--not less than 50 feet in depth .
Side Yards--each not less than 15 feet in width , except that
in one of the side yards , a one-story garage , either attached to
the principal building , or separate therefrom , may be 10 feet from
a side line which is not a street line . When the height of
the building exceeds 30 feet each side yard must be equal to
two-thirds the total height .
Special yard requirements for specific uses as established by Section
10 are required .
SECTION 14 . Building Coverage . No building or buildings on a lot,
including accessory buildings , shall be erected, altered or extended to
cover more than 10 per cent of the lot area .
. . Projections described in Section 5 are not to be included in com-
puting the percentage.
SECTION 15 . Size of lot . Lot sizes in residence districts R 30 shall
. meet the following width and area requirements .
1 . Minimum lot area : 30 ,000 square feet.
2 . Minimum width of lots shall be 100 feet.
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ARTICLE V
MULTIPLE RESIDENCE DISTRICTS - R 10
SECTION 16 . Location . With the approval of the Town Board, a
Multiple Residence District may be established in any R 15 Residence
District of the Town , subject to the following provisions :
SECTrON 17 . Use Regulations . In Multiple Residence Districts no
building shall be erected or extended and no land or building or part
thereof shall be used for other than any of the following purposes :
One family , two family or multiple family dwelling units ,
grouped so as to provide living quarters for a minimum of 3 families .
SECTION 18. Accessary Uses . Permitted Accessory Uses in Multiple
Residence Districts shall include the following :
1 . Automobile parking and garage's , subject to the further require-
ments -of this section .
2 . Structures or use of open land for recreation , intended for resi -
dents of the Multiple Residence Districts .
3 . Such uses as maybe necessary for home-making activities , such
as drying yards or structures in which laundry facilities are maintained
but any such use must be limited to residents of the Multiple Residence
Districts .
SECTION 19 . Area , Yard , Coverage and . Height Requirements shall be
as follows :
1 . Area : a minimum tract of one acre is required for the development
of a Multiple Residence District. Said tract must contain at least 3600
square feet of gross lot area for each dwelling unit to be constructed .
2 . Yards and Courts :
Front Yard : not less than 50 feet.
Side Yards : not less than the height of the nearest structure .
Rear Yards : not less than twice the height of the nearest
structure .
Courts : shall be completely open on one side , with a width
not less than the height of the tallest opposite
structure and a depth not more than 1 1/2 the width .
3 . Spaces between buildings : The distance between any two structures
shall be no less than the average height of both .
4 . Building Coverage : No building , including accessory buildings ,
shall be erected or altered to cover more than 30 per cent of the lot
area .
5 . Height: All structures shouldbe compatible in height with other
structures in the vicinity ;
SECTION 20 . Special requirements shall be as follows :
1 . Parking : One garage or lot parking space shall be provided for
each "Dwelling Unit" , plus one additional lot space for every 2 dwelling
units . No parking shall be located further than 200 feet from the dwellin(
15
unit it is intended to serve, nor shall any parking be allowed in any
front yard or required side or rear yard . Parking lots shall be surfaced
with black-top , compacted gravel , or other dust-free matprial , and must
be graded so as to ' drain properly .
2 . Access and Sidewalks : Access drives shall be paved with black-
top , concrete , or other solid material . Driveways and walkways shall
provide safe access , egress and traffic circulation within the site . The
placement, size and arrangement of access to public ways shall be subject
to the approval of the appropriate highway authority . Where density of
population or school bus routes make it necessary , the applicant shall
install sidewalks , with the approval of the appropriate highway authority .
3 . Recreation : The applicant shall provide recreation areas for
children on the premises , in such amount as may be necessary to protect
the health , safety and general welfare of the children and residents in
the district.
4. Screening of waste and refuse : No waste or refuse shall be placed
outside any building in the Multiple Residence District except under the
following conditions : an area common to all buildings , or a separate ,
area for each building shall be reserved at the rear of the structure or
structures . This area shall contain bins , or other receptacles adequate
to prevent the scattering of waste- and refuse , and shall be planted or
fenced so as to be screened from the public view .
SECTION 21 . Site Plan Approvals . No building permit shall be
issued for a building within a Multiple Residence District unless the
proposed structure is in accordance with a site plan approved pursuant
to the provisions of Section 45 .
ARTICLE VI
MOBILE HOME PARK DISTRICT R 5
SECTION 22 . Location . With the approval of the Town Board, and in
accordance with the procedure of Section 45 , a Mobile Home Park may be
established within a mobile home park district subject to the following
provisions :
SECTION 23 . Site Regulations . The park shall be located in areas
where grades and soil conditions are suitable for use as mobile home sites
The park shall be located on a well -drained site which is properly graded
to insure rapid drainage and be free at all times from stagnant pools of
water. The park shall be at least 2 acres in size , with 100 feet
.of frontage on a public road .. -
SECTION 24 . . Use Regulations shall be as follows :
1 . Each mobile home park shall be marked off into mobile home lots .
2 . The total number of mobile home lots in a .mobile home park
shall not exceed 8 per gross .acre .
3. Each mobile home lot shall have a total area of not less than
5 ,000 square feet with a minimum dimension of -- 50 feet .
4 . Only one mobile home shall be permitted to occupy any one mobile
home lot.
5 . Each mobile home lot shall have a mobile home stand which will
provide for the practical placement on and removal from the lot
of both the mobile home and its accessory structures , and the
retention of the home on the lot in a stable condition . The
stand shall be of sufficient size to fit the dimensions of the
anticipated mobile homes and their accessory structures or
appendages . The stand shall be constructed of an appropriate
material which is durable and adequate for the support of the
maximum anticipated loads . The stand shall be suitably graded ,
to permit rapid surface drainage .
SECTION 25 . Yard requirements shall be as follows :
1 . Any mobile home shall not be parked or otherwise located nearer
than a distance of :
a . At least 30 feet from an adjacent mobile home
in any direction .
b . At least 50 feet from an adjacent property line .
c . At least . 100 feet from the right-of-way line
of public street or highway .
d . At least 10 feet from the nearest edge of any roadway
location within the park .
SECTION 26 . Special requirements shall be as follows :
1 . Accessibility :
- a. Each mobile home park shall be easily accessible from an
existing public highway or street . Where a mobile home park
has more than 16 mobile homes , two points of
17
entry and exit shall be provided, but in no instance shall
the number of entry and exit points exceed four . Such
entrances and exits shall be designed and strategically
located for the safe and convenient movement into and out of
the park , and to minimize friction with the free movement of
traffic on a public highway or street. All entrances and
exits shall be at right angles to the existing public highway
or street and shall be free of any material which would impede
the visibility of the driver on a public highway or street.
All entrances and exits shall be of sufficient width to
facilitate the turning movements of vehicles with mobile homes
attached .
b . Each park shall have improved streets to provide for the con-
venient access to all mobile home lots and other important
facilities within the park . The street system shall be so
designed to-permit -the safe and convenient vehi-cular circula-
tion within the park . Streets shall be adaptdd .-to h 6,
topography and shall have suitable alignment and gradient for
traffic safety and shall be, of sufficient width to .permit the
safe passage of vehicles with mobile homes attached . All
one-way streets shall have a minimum width of 12
feet. All two-way streets shall h.ave. a minimum width of
.20 feet .
2 . Parking : One off-street parking space shall be provided on
each mobile home lot . The parking space shall be of similar construction
and grading as the mobile home stand . Such space shall have a minimum
width of 9 feet and a minimum length of 20 feet . Addi-
tional off-street parking spaces shall be provided at strategic and con-
venient locations for guests and delivery and service vehicles . There
shall be one such parking space for each two mobile home lots within the
park.
3 . Utilities and Service Facilities : The following , utilities and
service facilities shall be provided in each mobile home park which shall
be in accordance with the regulations and requirements of the Tompkins
County Department of Health , the New York State Department of Health and
the Sa,nitary Code of New York State :
a . An adequate supply of pure water for drinking and domestic
purposes shall be supplied by pipes to all mobile home lots and
buildings within the park to meet the requirements of the park .
Each mobile home lot shall be provided with proper water
connections .
b . Each mobile home lot shall be provided with a sewer, which shall
be connected to the mobile home situated on the lot, to receive
the waste from the shower, tub , flush toilets , lavatory and
kitchen sink in such home . The sewer shall be connected to a
public or private sewer system so as not to present a health
hazard . Sewer connections in unoccupied lots shall be so sealed
to prevent the emission of any odors and the creation of breeding
places for insects .
C . Garbage cans with tight fitting covers shall be provided
in quantities adequate to permit the disposal of all garbag-e
and rubbish . The cans shall be kept in sanitary condition at all
times . The cans shall be located no further than
. 200 feet from any mobile home lot. Garbage and rubbish shall
be collected and disposed of as frequently as may be necessary
to insure that such cans. ,shall not overflow .
d. Each mobile home lot shall be provided with weather-proof
electric service connections and outlets which are a type approved
by the New York State Board of Fire Underwriters .
4. Open Space : Each mobile home park shall provide common open
-,space for the use by the occupants of such park . Such open space need
not be in a single parcel but should be conveniently located in the park .
Such space should have a total area equal to at least ten per cent
of the gross land of the park..
5 . Landscaping : Lawn and ground cover shall be provided on those
areas not used for the placement of mobile homes and other build.ings ,
walkways , ro-ads and parking areas . Pl .anting shall be provided to the
extent. needed in order to provide for the screening of objectionable
views , adequate shade and a suitable setting for the mobile homes and
.other facilities . Views which shall be screened include laundry facilitie
other nonresidential uses , garbage storage and collection areas , and all
abutting yards of a'djacent properties . Other planting shall be provided
along those areas within the park which front upon existing public highway
and streets to reduce glare and provide pleasant outlooks for the living
units .
SECTION 27 . Mobile Homes located outside of Mobile Home Parks .
No occupied mobile home shall be parked or allowed to remain upon any
street, highway or other public place , except that emergency stopping or
parking , when caused by mechanical failure , shall be permitted upon the
shoulder of any street or highway for a period of not more than
172 hours , subject however to any regulation or limitation imposed
by other regulations or laws .
No occupied mobile home shall hereafter be parked or otherwise placed
within the Town of Ithaca outside a mobile home park district except as
follows
a . The Board of Appeals may* grant a permit, for a period not to
exceed one year , to the owner of 1-and within the Town of Ithaca
who intends to construct on such land a dwelling house for his
own occupancy or his employee ' s occupancy . The owner of the
land may place or park a mobile home on such land for his own
occupancy or his employee ' s occupancy during the construction of
such dwelling . Said mobile home shall be removed from the
premises upon expiration ,of the permit .
19
ARTICLE VII
BUSINESS DISTRICTS
SECTION 28 . Business District "A" . Permitted uses in a Business
District "A" shall be the following :
1 . Retail food store
2 . Business or professional offices
3 . Bank or other financial institution
'4 . Bookstore
5. Drug store
6 . Hardware store
7 . Package liquor store
8. Barber
9 . Dry cleaning pick-up station
10 . Florist
11 . Beauty Parlor
12. Hand or coin operated laundry
13. Greenhouse
14 : Retail stores , except automobile sales agencies
15 . Shoeshiner, shoemaker and repairer
16 '' Tailor
17 . Telegraph and telephone office
18. Any municipal or public utility purpose necessary to the
maintenance of utility services
19 . Fire station o.r other public building necessary to the protection
of or servicing of a neighborhood
20 . Public library
21 . Additional uses may be considered on an individual basis by the
Town Board under the procedures required by law for a change in
the zoning , when in the Board ' s opinion (1 ) the proposed use is
essentially similar to those listed , ( 2) will not adversely
affect the established character or value of the surrounding
property , and ( 3) is in harmony with the spirit and intention
of the ordinance .
SECTION 29 . Business Districts "B " . Permitted uses in a Business
District "B" shall be the following :
1 . Any of the uses permitted in Business Districts "A"
2 . Automobile sales agency , provided that the display of automobiles
and accessories is conducted entirely within a building
3 . Theatre , skating rink , bowling alley, dance hall , where the
activity involved is conducted exclusively inside a building
provided that such place of business shall be located at least
200 feet from a residence district,vonly upon special approval of
the Town Board . an'd;
4 . Building supply
5 . Dry cleaner
6 . Restaurant or other place for the serving of food . If alcoholic
beverages are served , the place of business shall be located at
least 500 feet from an adjacent school or church or 150 feet
from a residence 'di-stri ct .
20
7 . Hotel or motel
8 . Appliance sale and service
9 . Department stores
10 . Bakery
-11 . Clothing store
12 . Nursery
13 . Boat harbor or marina , upon special approval of the Town Board.
14 . Gasoline sales station or garage for repairs , upon special
approval of the Town Board , providing that all servicing of
vehicles shall take place on 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 60 .
15 . Additional uses will be considred on an individual basis by the
Town Board under the procedures required by law for a change in
the zoning , when in the Board ' s opinion , the proposed use is
essentially similar to those listed ( 1 ) wil.1 not adversely affect
the established character or value of the surrounding property ,
and ( 2) i,s in harmony with the intent of this ordinance .
SECTION 30 . Permitted Accessory Us-es in ,Business Districts' A and B
shall be the following :
1 . Automobile parking and off-street loading areas , subject to the
further requirements of this article .
2 . 'Accessory storage buildings , but not to include outside storage . ,
3. Signs , subject to the further requirements of this section .
SECTION 31 . Yard, and Height Requirements shall be the following :
1 . Yards : front yards --not less than 30 feet .
Side Yards--none required where a party wall is constructed but
not less than 20 feet from any structure to a side property line .
Rear Yard--not less than 30 feet .
Height : all structures shall conform in height to other structure
in the vicinity ; no structure shall exceed 3 stores in height except upon
special approval of the Board of Appeals .
SECTION 32 . Special Requirements shall be the following :
1 . Parking : a minimum of 300 square feet of parking area , including
lanes and driveways , shall be provided for each 100 square feet of floor
area , excluding basements used for storage , except in the case of the
following uses , for which off-street parking shall be provided in accordan
with the following schedule :
Office or bank building : one space for each250 square feet of
office or bank floor area .
Auditorium, stadium, theatre, or other place of public assembly;
funeral home or mortuary ; or restaurant : one space for each
5 seats .
Bowling alley : three spaces for each lane .
Retail store : one space for each 250 square f area
of ground floor
plus one space for each 500 feet of sales area on all other
floors combined .
Hotel , motel : - one space for each guest room, which space must
be available at night.
Skating rink and dance hall : parking spaces. equal in number to
20 per cent of the capacity in persons shall, be provided .
Li
There shall be no parking in any required front, side or rear yard.
Parking 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 sha'
be required for each 20 ,000 square feet of floor area , including basement.
3 . Access and Sidewalks : Access drives shall be paved with black-
top , concrete , . or other solid material , and , if business is to be carried
on in the evening , shall be adequately lighted. No lights shall be placed
so as to reflect in an objectionable manner on adjoining residential
properties or public streets . Driveways and walkways shall provide safe
access , egress and traffic circulation within the site . The placement,
theize and arrangement of access to public streets shall be subject. to
approval of the appropriate highway authority . Where density of pop-
ulation or school bus routes make it desirable , sidewalks shall be installs
with the approval of the appropriate highway authority.
No flashing signs , or signs illuminated so as to reflect*
4. Signs : . . s
on adjoining resioential propertie's or public streets in an objectionable
manner shall be allowed. Free standing signs are permitted only by approval of the Town Board . A sign may not be more than 5 feet in height
or extend higher than the building to which it is attached.
5 . Buffer areas and screening: no structure shall be placed nearer
than 50 feet from any residence district and 25 feet from an agricultural
district.- A strip at least 10 feet wide shall be suitably planted to
screen a Business District from present or future residences , or a suitabl (
screening fence shall be erected .
6 . Landscaping , fencing and screening . shall be provided in any 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 , fencing or screening and safety were not provided .
7 . In the event that any of the uses permitted in Business Districts
"B" involve auxiliary , small -scale assembly, repair, processing or
fabrication , such activity shall take place only in connection with
products or services offered for immediate sale or direct service to
customers on the premises , and further provided that no objectionable
noise , smoke , odor, vibration or disorder created thereby shall be ex-
;, , perienced beyond the buildings of said businesses .
8 . Displays: In Business Districts "A" and "B" , no outside di I splays
shall be permitted .
.9 . Screening of waste and refuse : No waste or refuse shall be placed
outside any building in any of the business districts except under the
following conditions : an area common to all buildings , or a separate area
for each building shall be reserved at the rear of the structure or
structures . This area shall contain bins or other suitable receptacles
adequate to prevent the scattering of waste and refuse and shall be plantel
or fenced so as to be screened from the public view . No refuse, shall be
burned on the premises .
SECTION 33. Site Plan Approvals . No building permit shall be
issued for a building or structure within a Business District unless the
proposed building is in accordance with a site plan approved pursuant to
the provisions of Article XII .
22
ARTICLE VIII
LIGHT INDUSTRIAL DISTRICT
SECTION 34 . Use Regulations . In a Light Industrial District no
building shall be erected or extended and no land or building or part
thereof shall be used for other than industrial uses employing electric
power or other motor power , or utilizing hand labor for fabrication or
assembly.
SECTION 35 . Any use shall be so operated as to comply with the
erformance standards governing noise , smoke emissions , and odor herein-
fter set forth .
1 . Noise . At no point on the boundary of a Residence , Multiple
Residence or Business District shall the sound pressure level of any
individual operation or plant, other than the operation of motor vehicles
or other transportation facilities , exceed the decibel levels in the de-. '
signed octave brands shown below for the districts indicated.
Along Business
District Boundaries
Octave Band Along Residence , Multiple Residence Maximum Permitted
Cycles Per District Boundaries -Maximum Sound Level in
Second Permitted Sound Level in Decibels Decibels
I to 75 72 79
75 to 150 67 74
• 150 to 300 59 66
-.360 to 600 52 59
600 to 1200 46 53
1200 to 2400 40 47
2400 to 4800 144
41
above 4800 32 39 '
Sound levels 'shall be measured with a sound level meter and associ -
ated octave band filter manufactured according to standards prescribed by
the American Standards Association .
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 Ringelmann Chart as published and used by the Bureau
of Mines , U . S . Department of Interior , is hereby adopted and made part of
these regulations .
3 . Odors . No use shall emit noxious , toxic , or corrosive fumes ,
gases , or matter, in such quantities as to be readily detectable at any
point along the boundaries of the lot wherein it is located .
SECTION 36 . Accessory Uses . Accessory uses permitted in a Light
Industrial District shall be the following :
1 . Automobile parking and off-street loading areas subject to tKe
further requirements of this article .
2 . Accessory storage buildings , but not to include outside storage .
3 . Signs , subject to the further requirements of this section .
4 . The dwelling of an owner, operator, or manager, or of a guard ,
caretaker, or custodian , provided that no more than one dwelling unit
per industry shall be established .
SECTION 37 . Area, Yard , Coverage and Height Requirements shall
be as follows :
1 . Yards : Front Yard--not less than 150 feet.
Side Yards--not less than 60 feet from any structure to a side
property line .
Rear Yards--not less than 50 feet.
2 . Coverage : no principal building shall be erected or altered to
cover more than 30 per cent of the lot area..
3 . Height : no structure shall exceed two stories except upon special
. a . approval o the Board of Appeals .
SECTION 38 . Special Requirements shall be as follows :
1 . Parking : a minimum of one parking space shall be provided for
each 3 "employees . Parking shall not be located in any front yard.
Parking lots shall be surfaced with black-top , concrete , or other solid
material and shall be graded so as to drain properly.
2 . Off-street loading : off-street loading areas in such amount as
may be necessary for the sizes and types . of proposed industrial operations
shall be provided.
3 . Access and Sidewalks : access drives shall be paved with black-
top , concrete or other solid material , and if business is to be carried
on in the' evening , shall be adequately lighted . No lights shall be placed
so as to reflect in an objectionable manner on adjoining residential
properties or public streets . Driveways and walkways shall provide safe
access , egress and traffic circulation within the site . The placement,
size an.d arrangement of access to public streets shall be subject to
the approval of the appropriate highway authority. Where density of
population or school bus routes make it desirable , the applicant 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 limited to 50 square feet in area . No flashing signs , or
signs illuminated so as to reflect on adjoining residential properties
or public streets shall be allowed . All signs shall be designed and
located so as to avoid the creation of traffic hazards and shall conform
to the amenities of the neighborhood . Freestanding signs are permitted
. only by approval of the Town Board . A sign may not be more than 6
feet in height or extend higher than the building to which it is attached .
5 . Buffer areas and screening : no structure shall be placed nearer
thanloo feet from any residence
district. A strip at least 10 feet wide shall be plantea or suitably
fenced so as to screen the Light Industrial District from present or
future residences .
24
6 . Landscaping , fencing and screening shall be provided in any 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, fencing or screening were not provided .
7 . Screening . of waste and refuse : no waste or refuse shall be placed
outside any building in any of the industrial districts except under the
following conditions : an area common to all buildings , or a separate
area for each building shall be reserved at the rear of the structure or
structures . This area shall contain bins or other suitable receptacles
adequate to prevent the scattering of waste and refuse and shall be
planted or fenced so as to be screened from the public view . No waste
shall be burned on the premises .
25
ARTICLE IX
HEAVY INDUSTRIAL DISTRICT
SECTION 39 . Use Regulations . In a heavy Industrial District buildin(
and land may be used for any lawful purposes except for dwelling purposes
and except that all uses of land and buildings , and industrial processing
that may 1Se noxious or injurious by reason of the emission of dust, smoke ,
refuse matter, wafter carried waste , odor, gas , fumes , noise , vibration ,
or similar substances or conditions may be permitted only upon special
approval of the Town Board . Such industries or land uses as the following
jshall require such approval :
1 . The manufacture or refining of acid , alcohol , ammonia , asphalt,
tar and waterproofing materials , bleac*h , chlorine , celluloid, disinfectant,
exterminants and poisons , fertilizer , glue , lamp black , matches , oil cloth
and linoleum, paint , oil , shellac, turpentine and varnish , paper and pulp,
potash , pyroxylin , 'rubber and gutta percha , sauerkraut , shoe polish , and
creosote treatment or manufacture , stove polish , and garbage , offal , or
dead animal . reduction, hog farms and the tanning , curing and storage of
hides and skins .
2 . Any of the following factories or works : arsenal , blast furnace ,
boiler works , iron , steel , brass or copper foundry , metal ore , smelting ,
planing mill , rolling mill and stockyards or slaughter house .
. 3. The manufacture or refining of brick , the and terra cotta , cement,
lime , gypsum and plaster ; emery cloth and sandpaperp paving materials ;
and the use of a coke oven or stone crusher.
4 . The wrecking of automobiles , and the storage of used auto parts ,
scrap metal , or junk , rags and paper , and used building materials .
5 . The manufacture or storage of explosives and gas , oil and other
inflammables or petroleum products .
6. Junkyards , which are hereby expressly prohibited in all other
districts , subject to the provisions of Section 48.
SECTION 40 . Performance Standards . Any use established in an
Industrial District shall be so operated as to comply with the performance
standards governing noise , smoke , emission and odor hereinbefore set forth
in Article VIII , Section 35 . 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 41 . Area , Yard, Coverage and Height Requirements shall be
as follows :
1 . Yards : Front Yard--not less than 150 feet.
Side Yards--not less than 60 feet from any structure to a side
property line.
Rear Yards --not less than 50 feet .
2 . Coverage : no principal building shall be erected or altered to
cover more than 50 per cent of the lot area .
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ARTICLE X
AGRICULTURAL DISTRICTS
Section 43 . Use Regulations .
In agricultural Districts no building shall be erected or
extended and no land or building or part thereof shall be
used for other than the following purposes :
1 . Farms , or farm related activities except that the fol -
lowing. uses shall not be permitted nearer than* 1000
feet to any residence district :
a) Establishment for the raising of fur-bearing animals .
b) , Animal hospital , kennel , or place for the boarding
of animals .
2 . A one or two family dwelling but only for the use of the
owner of the farm or the employees who work on that farm .
.3 . Church or other . places * of worship , convent and parish house .
4 . Public library or public museum , public , parochial and private
s(fhools , nursery school , and any institution of higher learning including
dormitory accommodations by approval of the Town Board . The application*
for such approval sfiall 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 to the protection
of or the servicing of a neighborhood .
7 . Golf course , and upon special approval 'of- the Town Board , except
a driving range , or a miniature golf course , provided that no building
shall be nearer than 100 feet from any lot line .
8 . Any municipal or public utility purpose necessary to the maintenane,e
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 .
Special approval of the Town Board is required ,
9 . Nursing or convalescent homes , or medical clinics , but only upon
special approval of the Town Board .
CIS-
PUBLIC USE DISTRICT : `
SECTION Use Regulations . In a' Public' Use District y
buildings and land may be used only for the following
purposes :
r 1. Public recreation
2. Public and semi-public 'institutions whose purpose is.
:education e a an-
daa`
ft:
i.st- i &t. an- use i r t}ia living mmodati s or .cl s an
are p -m t y up zz Pr v by e Ta B -
of in o the ro : ure and standfa i
t
3 - Church or other place of wprsk�ip ,' convent1!"and parish house , public
library , public museum , public • lparochial and private schools , nursery
'Is r�hoo1 , and any institution of hi gher l e-arni ng including dormitory
!accommodations upon special approval of the Town Board . The application . .
'for such approval shall be referred to the Planning Board and no .final
action shall be taken until tf-e- Planning Board has submitted its .report;.
. :or has .failed to subm" i t a report within 30 days'.
.4 . Publicly ow ed park or playground including accessary buildings
:and improvements .
5 . Fire stations or other public building . necessary to .the protection
of or the servicing of a neighborhood .
6 . Any municipal or public utility purpose necessary to the maintenance
-of utility services' except that substations and similar structures shall . be
subject to the same set-back requirements as apply to residences in the
di-st-rict in which the substations or similar structures are cons.tructe.d .
Special. approval of the Town Board is required .
7 .. Not more than 2 signs in connection with each of the .above uses ,
provided that such signs shall be on the 'lot and shall not exceed 4
' .square feet in area , and further provided that any illumination thereof,
be so shielded that it illuminates only said signs..
8 . Nursing or convalescent homes , or medical cilinics but upon special :,
approval of the Town Board .
.j
ARTICLE XTT
SITE PLAN REVIEW AND APPROVAL PROCEDURES
SECTION 4L. Before an application is submitted to the
Town Board for the establishment of a Multiple Residence
District, 'the applicant shall proceed as follows :
The applicant .will submit a general site plan to the Planning
Board which shall also show property lines, including metes and bounds,
adjacent public streets, topography, size and Iocation of existing or pro-
posed structures, and the applicant shall submit such other plans and
information and any other features deemed reasonably necessary by the
Planning Board for adequate study of the proposed plan.
j; The Planning Board may require such changes in the general site
(plan as are necessary to meet the requirements of this Ordinance and
may make any other recommendations which it deems necessary to
promote the general health, safety, morals and the general welfare of the
i community. The Planning Board shall then adopt a resolution recom.
mending either approval, approval with modifications, or disapproval
of the proposed plan. Before any such resolution is adopted, the Planning
' Board shall hold a public hearing which shall be heard by the Planning
Board within 30 days of the filing of the general site plan with the Plan-
ning Board, and such hearing shall be advertised in a newspaper of gen-
eral circulation in the Town of Ithaca at Ieast five (5) days before such
hearing. The Planning, Board shall make its recommendation within
the thirty (30) days after the hearing and forward the same to the Town
Clerk.The Town Board shall then hold a public hearing on the proposed
district with the same notice required by law in the case of an amendment
to the Zoning Ordinance. If the Town Board establishes such district after
such hearing, it shall define the boundaries thereof, approve the general
} site plan and impose any modifications and additional requirements-
as
- -
it may determine.' andIi.all make any appropriate conditions
and safeguards in harmony with the general purpose and
intent of this ordinance . In these review procedures
of both the Town Board and the Planning Board,
particular attention shall be directed to achieving
the following objectives :
1. Maximum safety of traffic access and egress.
2 . Maximum adequacy of the interior circulation
layout, with particular attention to safety factors and
to the accessibility of all required parking spaces .
Where parking areas abut upon public highways ; or side-
walks , permanent barriers or bumpers shall be provided.
3. Effective screening at all seasons of the year of the
entire area devoted to commercial , industrial or multi-
family uses , as required by the Board, provided that in
instance shall any requirements of the Board specify
screening exceeding a height of five (5) feet.
4. The location and size of the use , the nature and
intensity of. opexations involved, the size of the site
in relation to it , and the location of the site with
respect to the existing or future streets giving access
to it shall be such that it will be in harmony with the
orderly development of the district , and will not dis-
courage the appropriate development of adjacent land and
buildings or impair the value thereof.
Before finally establishing any such District,
the Town Board may refer the application to the T1
Town Planning Board or the Board of Zoning Appeals
for such further consideration as the Town Board may
require . No building permit shall , an any case , be
issued on the basis of a general site plan.
c.- Whenever a District is created pursuant to the
provisions of this Article, theavner shall be bound
by the site plan as approved and adopted by the Town
Board.
SECTION 4ra. Prior to the issuance of a building
permit for any proposed' construction in a Business ,
Industrial, or when appropriate , a Public Use District,
the applicant shall proceed as follows :
1. A site plan for the proposed use must be submitted
and approved by the Planning Board before a building
permit may be issued. This site plan shall show property
lines , including metes and bounds , adjacent public streets ,
topography, including existing .and proposed contours , size
and location of structures , area and location of parking,
off-'street loading and access drives , pro-posed signs
and lighting, proposed landscaping and any other features
deemed reasonably necessary by the Planning Board .for
adequate study *of the proposed plan, The Town Planning
Board shall be guided in its review procedure by the standards
listed above in Sections39 , 1-4.
2 . The Planning Board may require such changes as are
necessary to meet the requirements of this ordinance . The
Planning Board may make such reasonable changes in the re-
quirements as they may deem appropriate, subject to a
public hearing thereon as provided by Section 281 of the
Town Law.
2 . Upon submission of a final site plan, the Planning
Board shall approve or disapprove the site plan. ' The owner
shall be bound by the site plan as approved by the Planning
Board.
SECTION ,b. For those uses specifically requiring special
approval of the ' Town Board, the Board shall hold a public
h�aring, appropriately advertised, and being guided by the
standards of Section 39b(1-4) shall approve , disapprove or
approve with modifications the proposal . No building permit
will be issued for such a building or structure unless the
proposed building is in accordance with the conditions of
the Town Board' s approval .
ARTICLE XII
GENERAL PROVISIONS
SECTION 44- Existing Lots. Other provisions of this ordinance
not withstanding, nothing shall prohibit the use for a single family
dwelling of a lot of deed record at the time of the passage of this ordi-
nance, as amended, of less than the required size of lot in any district
except an Industrial District, provided that all other provisions of this
ordinance are complied with.
SECTION % Building Floor Area. No dwelling in any district
shall be erected 'or altered so as to provide for less than 600 square feet
of net enclosed floor area.
SEGTION_ y 'Junk or.Salvage Yards Any area used, as a junkyard
as herein defined "
shall be -completely enclosed by a substantiaFand solid
_ fence witli openings only for ingress and egress. Such fence shall be at
least 6 feet high and shall be no nearer t�an 25 feet from any public
highway right of way line. There shall be no storage outside the fence.
Any such junk yards existing at the time of enactment of this ordinance
shall comply with these requirements within one year of such date.
SECTION`'>JR Front Yard Transition. Where an Industrial District
abuts a Residence District on a street line, there shall be provided for a
distance of 50 feet from 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,ro Side Yard on Corner Lot. On a corner lot in a
Residence or Business District, the yard width on the side sfireet s1?ail
be at least one-half the required front yard for adjoining properties on
the side street, but in no event less than 10 feet. i
SECTION Side and Rear Yard Transition. On every lot in a
Business or Industrial District that abuts directly on a Residence District, -
there shall be provided a yard of at least 25 feet in width on such lot
along the line or lines where it abuts such Residence District.
SECTIONr ?—.Porches and Carports. In determining the percentage
of building coverage"or the size of yards for the purpose of this ordinance,
porches and carports, open at the sides but roofed, shall be considered
a part of the building.
SECTION,%' Fences and Walls. The provisions of this ordinance
shall not apply to fences, or walls not over 6 feet high above the natural
grade, nor to terraces, steps, unroofed porches, or other similar features
not over 3 feet high above the level of the floor of the ground story.
SE,CTIOIV 9 .Qne sign, relating to the identification of new con- A
struction may be erected in-any district in the Town for a period not to -c
exceed one year provided it shall not be i:luminated or exceed 32 square
feet in area, and shall conform to set back requirements in the district.
Upon approval of the Town of Ithaca Planning Board, such period
may thereafter be extended semi-annually.
SECTION.74 Projections in Yards. Every part of a required
yard shall be open from its lowest point to the sky unobstructed, except
for the ordinary projections of sills, belt courses, pilasters, leaders,
chimneys, cornices, cave and ornamental features, provided that no
such projection may extend more than-2 feet into any required yard.
Bays including their cornices and eaves, may extend not more than
2 feet into any required yard provided that the sum of such projections
on any wall shall not exceed one-third the length of such wall.
An.open fire balcony or fire escape may extend not more than 4 feet
into any required yard.
-� SECTION-S6 Reduction of Lot Area. Whenever a lot upon which
stands a building is changed in size or shape so that the area and yard
requirements of this ordinance are no longer complied with, such building
shall not thereafter be used until it is altered, reconstructed or relocated
so as to comply with these requirements. The provisions of this Section
shall not apply when a portion of a lot is taken for a public purpose.
SE ON More none on a lot. 'Whe er is
mor of incip boil ii on 1 t i a disc ' be -
bete n bui 'n mus a at ast qual s a the d
yar s r q 'red b idi gs the m f the re an th ro
yards a e case may be.
SECTION t Q Parking Facilities. Every building housing or de-
signed to hour mare families shall provide in connection with it
and on the°"same lot garage space or off-street
parking space for automobiles equivalent to the j
the number of.- dwelling .units provided in such .
�` -dwellings. No automobile parking area shall be.included in any front
yard, except for a lot with a single dwelling, housing not more than 2
families.
The following uses shall be provided with off-street parking facilities:
1. School or other educational institutions-2 spaces for each class
room.
2. Hospital, sanitarium or nursing or convalescent home-1 space
for each 2 beds.
3. Medical clinic-4 spaces for each doctor, or for each office in
which a medically-trained person is regularly in attendance, whichever
figure is larger.
4. Rooming house or tourist house-1 space for each room offered
to rent.
S. Fraternity or sorority house or membership club-1 space for
each 3 beds, or one space for each 3 members, whichever figure is larger.
SECTION 54) Extraction of Natural Products. In any district no
sod, loam, sand, gravel or stone shall be removed or offered for sale ex-
cept in connection with a public work on the property or the removal of
silt or other recently accumlated material that blocks a normal flow of a
water course without the special approval of the Board of Appeals. In
applying for such approval,the applicant shall submit to the Board a plan
of the proposed project, showing property lines, and adjacent public ways,
grades and depths of proposed removal, soil types to be removed, and pro-
posed regrading and replanting of the property upon completion of the op-
eration. In considering the proposed use the Board shall take into account
the distance of the operation from neighboring property and public ways,
the possible detriment of such use to the future development of the land
in question, and the possible nuisance or detriment'of the operation to
neighboring landowners and to the community as a whole. The Board
may impose such conditions upon the applicant as it deems necessary
to protect the general welfare of the community, which may include .a
time limit upon operations, and the requirements that a performance
bond be posted to insure compliance with the requirements of this
ordinance and with any further reasonable conditions imposed by the
Board.
Any normal building operation in connection with a Iegal building
permit, such as excavation, filling, or grading, shall be excepted from the
.S Public Gara s nd o ine I Star o._
'o a v buildi se d , u Ii g a e or ine se vice
So > ' t f linti t ump I i or o e ery ce s 11 be er to
n•i iin S f e f am sic c stri t o ii an r quir ,
2. oline r oI pu no oilin o ' sin n .. rani to ]
no tit c A : nc t d " cot ti n w th any a,of�c . s
atatir o MIC be to S et ,f any s re ]in r
high a rt�, it of w. I ne, an( • n s in, .I c
tirrll frrint yard rt Feiner! ,peci .d elsewhere ' this or ' anc
S C TION 1 `1 !Approval of Cotttity Health Department. No build-
ing peratit, trailer permit, or certificate of occupancy issued under the
terms of this Ordinance shall become or remain valid unless the holder
thereof complied Nvith rules and regulations of the Tompkins County
Health Department under the terms of the County Sanitary Ordinance.
Si'6770N(�?— Abandoned Cellar Holes and Buildings. Within one
year after work on any excavation for a building has begun, any excava-
tion for a building shall be covered over or refilled by the owner to the
normal,grade. Any building substantially destroyed by any cause shall
be rebuilt or demolished within one year. Any excavation or cellar holes
remainin1 after the demolition or destruction of a building from any
cause shall be, covered over or filled by the owner within one year.
ART I CL E
NON-CONFORMING USES
SECTION Continuation of Existing Lawful Uses .
Except as provided in Section 53, 54 , 55 , 56 , and 73, any
lawful use of land,. or a building or part thereof,
existing at the time of this ordinance as amended ,
may be continued, although such building or use does not conform to
the provisions thereof.
SECTION T�Z'Abandonment of Use. When a non-conforming use
has been abandoned for a period of at least one year, it shall not there- _
after be re-establisbed and the future use shall be in conformity with
the provisions of this ordinance, except that a non-conforming use that
{ceases to operate because of a national emergency or because of govern-
ment restrictions, may be resumed within a period of one year from the
time that such emergency terminates or such restrictions are removed.
SECTION 4 . Extension or Enlargment . Anon- conforming
use may not be extended or enlarged to other portions of
structures not devoted to such use, or to other structures ,
or to other land, except by means of a variance' granted by
the Board of Appeals . In all districts any non-conforming
use existing at the time of enactment of this ordinance
or subsequently constructed in compliance with a variance
shall not be extended or enlarged unless the regulations
of this ordinance for that particular zone other than "per-
njitted uses" can be complied wi-th.
SECTIOAT'i�� Changes. A non-conforming use may be changed
to another non-conforming use of the same or more restrictive classifica-
tion and when so changed to a more restrictive use, it shall not again be
chan&ed to a less restrictive use. The order of the classification of re-
strictiveness from the most restrictive to the least restrictive shall be
as follows:
Residence District R 15
----—---Residence_District R.30
Mobile dome Park
Multiple Residence _ D.i-strint
-Agricultural District
Business District "A"
Business District "B"
,i ht Industrial District
.. g
Industrial District _—
Public Use District
SECTI0117 /r Restoration. Nothing herein shall prevent the con-
tinued use and substantial restoration of a building damaged by fire,
flood, earthquake, act of God, act of the public enemy or catastrophe
within 6 months provided such damage constitutes an amount less than
75% of the replacement cost of such building. The time limit may be
extended by the Board of Appeals in cases of practical difficulty or un-
necessary hardship.
- ._........ - ARTICLE
ADMINISTRATION
~~ SECTION ' Enforcement. This ordinance shall be enforced by
a person designated by the Town Board who shall in no case,' except
pursuant to written order of the Board of Appeals, grant any building
permit or certificate of occupancy for any building or premises where
the proposed construction, alteration or use
thereof would be in violation of any provision of
this ordinance . If the administrative official
shall find that any of the provisions of this ordinance
axe being Y . olated, he shall notify in writing the
- person responsible for such violations , indica-ing
the nature of the violation and ordering the action
necessary to correct it. He shall order discontinuance
of illegal uses of land, buildings , or structures ;
removal of illegal buildings or structures or of -
illegal additions , alterations , or structural changes ;
discontinuance or any . illegal work being done ; or shall
take any other action authorized by this ordinance to
insure compliance with or to prevent violations of its
provisions .
SECTION- 7.Permit to Build. No principal building or accessory
building, nor any other structure, including but not limited to, tanks,
power and pump stations, swim pools,and signs (except as permitted else-
where in this Ordinance),in any district,
shall be beLyun or extended without a Permit to Build
_ issued by the person designate by the Town Board.
No such permit shall be issued, except pursuant to written -- - ----
order of the Board of Appeals, where the proposed construction, alteration
or use would be in violation of any provision of this ordinance.
Every application for a building permit shall state in writing the
intended use of the buildinLy and shall be accompanied by a plot plan
with all dimensions shown indicating the size and shape of the lot and
_buildinzs, --
LLEvery application for a building permit shall be accompanied by a
fee computed on the basis of the value of the improvement to be con-
structed as follows:
Value of Improvement Fee -
$ 1—$ 5,000 $ 2.50
5,001--- 10,000 5.00
10,001-- 20,000 10.00
20,001 30,000 15•00
30,001— 40,000 20.00
40,001— 50,000 25.00
50,001— 100,000 `,30.00 „
100,001— 500,000 75.00
500,001— 1,000,000 100.00
1,000,001 & Over 150.00
-If the work described in any building permit
has not begun within 90 days from the date of
issuance thereof, said permit shall expire .
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 issuance . Further work as described in the can-
celled permit shall not proceed unless and until a-
new building permit has . been obtained.
SECTIONQ, Certificate of Occupancy. No land shall
be occupied or used and no building hereafter erected,
altered or extended shall be used .or changed in use
until a certificate of occupancy shall have been issued
by the person designated by the Town Board, stating that
the buildings or proposed use thereof complies with
the provisions of this, and other applicable ordinances
governing the use and occupancy - of land and buildings .
All certificates of occupancy shall be applied for
coincidezit with the application for a building permit.
Said certificate shall be issued only after the completion
of the building, or the alteration thereto, shall have
been approved as complying with the provisions of this
and other applicable ordinances .
S&Y ON ;*U Board of Appeals. There is hereby established a
Board of Appeals which shall function in the manner prescribed by law.
1. The members of the Board of Appeals shall be residents of the
Town of Ithaca and shall be appointed by the Town Board to serve for
terms as prescribed by law. Vacancies occurring in said Board by expi-
ration of term or otherwise shall be filled in the same manner.
2. The Board of Appeals shall choose its own chairman and vice-
chairman, who shall preside in the absence of the chairman. In the ab-
sence of both the chairman and vice-chairman, the Board of Appeals
shall choose one of its number as acting chairman. Such chairman, or the
party acting in his stead during his absence, may administer oaths and
compel the attendance of witnesses. The Board of Appeals may appoint a
secretary who shall take minutes of all its meetings and keep its records.
3. The Board of Appeals shall adopt from time to time such rules
and regulations as it may deemnecessary to carry into effect the pro-
visions of this ordinance and all its resolutions and orders shall be in
accordance therewith.
4. Any person aggrieved by any decision of any officer of the Town
charged with the enForcement of this ordinance may take an appeal to
the Board of Appeals. The applicant shall pay $5.00 for the publication
of notices of the hearing required by law.
5. The Board of Appeals shall,'in accordance with the provisions
hereinafter contained in this Section, hear and determine appeals from
any refusals of a buildina permit or certificate of occupancy by the
person designated by the Town Board, or review any order or decision
of said person where such order or decision is based upon the require-
ments of this ordinance.
6. The Board of Zoning Appeals shall have all the
powers and duties prescribed by law and by this
chapter, which are more particularly specified as
follows :
(a) INTERPRETATION. Upon appeal from a decision
by an administrative officer to decide any question
involving the interpretation of any provisions of
this chapteT,including determination of the exact
location of any district boundary if there is un-
certainty with respect thereto.
(b) SPECIAL PERMITS. To issue special permits for ai,y
of the uses for which this chapter requires the obtain-
ing of such permitsfrom the Board of Zoning Appeals
in accordance with standards set forth in this chapter
. but not for any other use or purpose .
(c) VARIANCES. To vary or adapt the strict application
of any of the requirements of this chapter in the case
of exceptionally irregular , narrow, shallow or steep
lots , or other exceptional physical conditions .
In granting any variance , the Board of Zoning Appeals
shall prescribe any conditions that it deems to be necess-
ary or desirable . No variance in the strict application
of any provision of this chapter shall be granted by the
Board of Zoning Appeals unless it finds :
(A) That there are special circumstnaces or conditions ,
fully -described in the findings , applying to the land or
building for which the variance is sought, which circum-
stances or conditions are peculiar to such land or build-
ing and do not apply generally to land or buildings in
the neighborhood, and that said circumstnaces or conditions
are such that the strict application of the provisions of
this chapter would result in unnecessary hardship or would
deprive the applicant of the reasonable use of such land
or buildings .
(B) That , for reasons fully set forth in the findings ,
the granting of the variance is necessary for the reason-
able use of the land or building- and that the variance as
granted by the Board is the minimum variance that will
accomplish this purpose . The Board may permit a lesser
variance than that applied for .
JQ That the granting of the variance will be in har-
mony with the general purpose and intent of this chapter ,
and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare .
(D) That the practical difficulties' or unnecessary
hardship claimed as a ground for variance have not been
C>
created by the owner or by a predecessor in title .
(E) No nonconforming use of neighboring lands , structures
or buildings in the same district and no nonconforming
use of lands , structures or buildings in other districts
shall be considered grounds for the issuance of a variance .
(F) In granting any variance , the zoning board of
appeals may prescribe appropriate conditions and safeguards
in conformity with this chapter . Violations of such con-
ditions and safeguards, where made a part of the terms
under which the variance is granted , shall be deemed a
violation of this code and punishable under Section 19-20
of this chapter.
37
(G) Under no circumstances shall the Board of
Zoning Appeals grant a variance to allow a use not
permissible under the terms of this chapter in the
district involved, or any use expressly or by impli-
cation prohibited by the terms of this chapter in said
district.
Section '7Z Procedure. The . Board of Zoning Appeals
shall act in accordance with the procedure specified by law and
by this cjiapter. Appeal to the Zoning Board of Appeals concerning
interpretation or administration _of
of this chapter may he taken by any
person aggrieved or by any office or bureau of the governing body
of the city affected by a decision of the administrative official .
All appeals and applications must be made to the Board in
writing, on forms provided by the Board. Every appeal or
application shall refer to a specific provision of the ordinance
involved and shall set forth the interpretation that is claimed,
the use for which the special permit is sought , or the details
of the variance that is applied for and the grounds on which
it is claimed that the variance should be granted. Such ap-
peals shall be taken within a reasonable time , not to exceed
sixty (60) days or such length period as maybe provided
by the rules of the Board, by filing with the administrative
officials and with the Board of Zoning Appeals a notice of ap-
peal specifying the grounds on which the appeal is based.
. The Board of Zoning Appeals shall fix a reasonable time for
the hearing of the appeal , give public notice as well as due
notice to the parties in interest. At least twenty (20) days be-
fore the date of the hearing rqquired by law on an application
or appeal to the Board of Zoning Appeals , the secretary of the
Board shall transmit to the PLANNING BOARD of the Town a copy of
said application or appeal , together with the copy of the notice
of the aforesaid hearing , asking for an inspection and recommended
action to be given in report form to the Board of Zoning Appeals
no less than three (3) days prior to the scheduled Zoning Board
of Appeals ' public hearing.
Every decision of the Board of Appeals shall be by resolution ,
each of which shall contain a full record of the findings of
the Board in the particular case . Each such resolution shall be
31
4 '
filed in the Office of the Town Clerk, by case
number under one or another of the following
headings : Interpretation; Special Permit ; Variance ;
together with all documents pertaining thereto.
The Board of Appeals shall notify the Town Board
and the Planning Board of eacli special permit and
each variance granted under the provisions of this
ordinance .
SECTION Violations and Penalties . Pursuant to
Section, 268 of the Town Law , any person , partnership ,
association or corporation who violates any provisior.
of this ordinance shall be guilty of an offense against
'this ordinance and subject to a fine of not less than
twenty-five (25) dollars or more than one hundred ( 100)
dollars or to imprisonment for a period of not more than
thirty (30 days or both fine and imprisonment. When a
violation of any of the provisions of this ordinan(;e is con--
tinuous , each day shalt constitute a separate and istinct
vi'o'latIon .
SECTIONN 7 4 Amendments. This ordinance may be amended as
provided by law..
SECTION.!)Validity. The invalidity of any section or provision
of this ordinance shall not invalidate any other section or provision,
thereof. � -
�SECTION76 When Effective. This ordinance shall be in force and.
effect immediately upon adoption and publication as provided by law.
SECTION *7 7 .Existing Zoning Ordinance Amended, Re-Adopted
and Re-Enacted. The existing Zoning Ordinance of the Town of Ithaca,
New York, as amended, adopted October 25, 1954, is hereby re-enacted,
re-adopted and amended. This re-adoption and re-enactment and the,
adoption of any amendment shall not affect any pending or prevent any
future prosecution of or action to abate'any violation existing at the time
this Ordinance as re-adapted, re-enacted•and amended, if the use is in
violation of the provisions of this ordinance as re-adopted, re-enacted and
amended. Nothing herein shall be deemed to change the status of non-
conforming uses created by virtue of the Zoning Ordinance adopted
October 25, 1954, as amended, if such uses remain non-conforr�iing under
the provisions of this Ordinance, as re-adopted, re-enacted'and�amended.
. �
� APPEND | X A
NEW YORK STATE CLUSTER ENABLING ACT
.
Section 281 of the town law... Approval of plats ; '
conditions for changes in zoning provlslons . The
town board is hereby empowered by resolution to ~
authorize the pl-anning board , simultaneously with
the approval of a plat or plats pursuant to this `
article , to modify applicable provisions of the
zoning ordinance , subject to the conditions hereinafter
set forth and such other reasonable conditions as the town
board may in its discretion add thereLo . Such authoriza-
tion shall specify the lands outside the limits of any
incorporated village to which this procedure may be
applicable . The purposes of such authmrizat lon shall
be ' to enable and encourage flexibility of design and
development of land in such emanner as to promote the
most appropriate use of land , to facilitate the adequate
and economT.ca \ provision of streets and u/til \ t ` es * and to
preserve the natural and scenic qualities of open lands .
The conditions heraYoabove referred to are as follows :
(a) If the owner makes written application for the
use of this procedure , it may be followed at the dis -
cretion of the planning board if , in said board ' s judgment ,
its application would benefit the town .
(b) This procedure shall be applicable only to lands
zoned for residential purposes , and its application shall
result in a permitted number of dwelling units which shall
in no case exceed the number which could be permitted , in
the planning board ' s judgment , if the_ land were subdivided
into lots conforming to the minimum lot size and density
requirements of the zoning ordinance applicable to the
district or districts in which such land is situated and
conforming to all othe[ applicable requirements .
'
Ac) The dwelling units permitted may be , at the discretion
nf the planning board and subject to the conditions set forth
by the town board * in detached , semi -detached , attached , or
multistory structures .
(d) In the event that the application of this procedure results
in a plat showing lands available for park , recreation , open space ,
or 'other municipal purposes directly related to the plat , then the
planning board as a condition of plat approval may establish such
conditions on the ownership , use , and maintenance of such lands
as it deems necessary to assure the preservation of such lands for
their intended purposes . The town board may require that such
conditions shall be approved by the town board before the plat
may be approved for filing .
. .
44
(e) The proposed site plan , including areas within which
structures may be located , the height and spacing of buildings ,
open spaces and their landscaping , off-street open and enclosed
parking spaces , and streets , driveways and all other physical
features as shown on said plan or otherwise described , accom-
panied by a statement setting forth the riature of such modifica-
tions , changes , or supplementations of existing zoning provisions
as are not shown on said site plan , shall be subject to review and
public heat-ing by the planning board in the same manner as set
forth in sections two hundred seventy-six and two hundred
seventy-seven of this article for the approval of plats .
(f) On the filing of the plat in the- office of the county clerk
or register , a copy shall be filed with the town clerk , who shall
make appropriate notations and references thereto in the town
zoning ordinance or map .