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HomeMy WebLinkAbout1972 Zoning Ordinance November 1, -,72. 'a PROPOSED ZONING ORDINANCE TOWN OF ITHACA NEW YORK SUMMARY BACKGROUND AND PURPOSE The first zoning ordinance of the Town of Ithaca was enacted in 1954 and revised in 1960, and 1968. As it was amended, this ordinance is based on the Ithaca Urban Area General Plan completed in 1959. Since 1959 the Town' s population has grown more than 70%. Other changes, such as new state highways, and water and sewer extensions have occurred. These changing conditions have necessitated adapting the 1959 plan to the projected land use in the next decade. However, the basic policy of that plan -- to guide orderly growth of the community --- is still in effect. The major changes which have occurred in the master plan have been in the location of shopping facilities and high- ways. The master plan shows the location of- four shopping centers in the Town none of which have been built or are planned. They are on (1) Warren Road at Route 13, (2) Coddington Road near Kendall Avenue, (3) Bundy Road at Route 96 and (4) Route 79 near the City line. The first has been built at Triphammer and Route 13, the second is planned at King Road and Danby Road and the third and fourth have not been built due to insufficient growth on West Hill. The changed location of proposed connector streets on West Hill Proposed Zoning Ordinance Page 2 will undoubtedly affect the location of these centers when and if sufficient growth occurs in that area. Proposed new highway locations are shown on the enclosed map. DEFINITIONS AND ESTABLISHMENT OF DISTRICTS The ordinance begins with a list of definitions. The purpose of these is to clearly define for the purpose of this ordinance what is meant by a "home occupation" or "mobile home". Not all words used in the ordinance are defined in this section. Those that are not can be assumed to have their customary dictionary meaning. The Town of Ithaca is divided into five different types of districts, as follows: (1) Residence (R) (2) Business (B) (3) Industrial (I) (4) Agricultural (A) (5) Public (P) Each of these major classifications has one or more sub- categories. The residence categories are as follows: R-1: Single Family Residences One or Two Family dwelling units on individual lots no smaller than 15,000 square feet. R-1-C: Cluster Residences One Family dwelling units, at an overall density Proposed Zoning Ordinance Page 3 of no greater than 3.5 per gross acre, which have been clustered together to permit consoli- dation of the open space. R-2: Multiple Family Residences Four or more dwellings per building at an overall density of no more than 12 units per gross acre. R-3: Mobile Home Parks Mobile homes grouped on lots no less than 5,000 square feet each, or (V units per gross acre) Business categories: B-1: B-1 commercial districts are for small neighbor- hood convenience stores. B-2: B-2 commercial districts are for regional shopping centers. Industrial categories: I-1: Industrial district for light industry (hand assembly of small prefabricated items) . I-2: Heavy industry (manufacture of heavy equipment) . Agricultural: A: Agricultural district for farming and farm-related activities. By special permit, campgrounds are permitted in agricultural districts. Public: P: Public use district for the purpose of classifying the land belonging to Tompkins County, the State of Proposed Zoning Ordinance Page 4 New York, Cornell University, Ithaca College, and other non-profit, tax exempt institutions, and Park land. The regulation of land use in each of the above dis- tricts will be discussed in the following sections of this summary. The construction of signs in any district is regulated by the existing Town of Ithaca sign ordinance. All construction of residential units must have prior approval of the Tompkins County Health Department. RESIDENCE DISTRICTS R-1 All land in the Town of Ithaca not otherwise classified is designated as R-1. This district replaces three districts (R-309 R-15, and R-9) listed in the existing ordinance. In the R-1 district the permitted uses are as follows: (a) A single family dwelling unit on a lot with an area of 15,000 square feet or more. If municipal water and sewer are not available to the unit, the lot size is specified by the Tompkins County Health Department. The minimum lot width, with or without water and sewer, is 100 feet at the set back requirement. (b) A two family dwelling unit on a lot with an area of 20,000 square feet or more. In a two family dwelling unit the larger unit is considered the primary dwelling unit and the smaller unit is considered the secondary unit. The floor area of the secondary unit may be no larger than one-half of the floor area of the living space of the primary dwelling unit. In computing floor area a wholly enclosed basement may • LiV`.IV V{rK LJVLLi LF6 VLKLFFGLFLMK be considered as part of a dwelling unit, but a garage or carport may not. If the primary unit is occupied by a family, the second unit may not be occupied by more than two unrelated persons. If neither unit is occupied by a family, the total number of occupants for both units cannot exceed three. In R-1 districts the house must be set back at least 30 feet from the front and rear lot lines and 15 feet from each side lot line. Also, certain accessory uses are permitted, such as garages, storage sheds and Customary home occupations. Land zoned R-1 is intended for residential use and not for agricultural purposes. Certain agricultural uses, such as the growing of crops, is compatible with residential uses, but other uses such as the keeping of commercial livestock clearly is not compatible. It is intended that if at some time in the future there is a conflict between agricultural and resi- dential uses in R-1, the residential will be considered the primary use, but in the agricultural district the agriculture will be considered the primary use. In addition to residences, certain other uses are permitted in R-1 districts. They are as follows: Hospitals or other health related facilities, schools, churches, parks, utility structures, golf courses, tennis courts, swimming pools and other public service buildings. These non- residential uses all require special approval of the Proposed Zoning Ordinance Page 6 Town Planning Board. R-1-C In accordance with Section 281 of New York State Town Law the clustering of dwelling units is permitted in R-1 residential districts. Since some of the R-1 regulations, such as lot size and yard requirements, may not be adhered to for cluster developments, these areas will be designated as R-1-C. There are presently no such areas in the Town and this designation is only a sub-classification of R-1. Planning Board, but not Town Board, approval is required for a cluster development. In an R-I-C area dwelling units are permitted at an overall density of no greater than 3.5 per gross.,acre. Dwelling units may be detached, semi-detached, attached or multi-story. structures. However, the exact location of all proposed dwelling units and open lands must be shown on a plan submitted for approval to the Planning Board. At least two public hearings are required, one preliminary and one or more final are required before approval is granted. The Planning Board may disapprove, approve with modifications or approve as presented any proposal for cluster housing. Any plan for R-1-C must be accompanied by a proposal for maintenance and preser- vation of the open space and for the granting of a scenic easement to the Town (Section 2,� 47 ' of the General Municipal Law). Proposed Zoning Ordinance Page 7 R-2 Multiple Residence District There are several existing multiple residence districts in the Town. The establishment of new R-2 districts will require an amendment to the zoning ordinance and must meet the following conditions: (1) The proposed development will not create a danger to public health because of too high a concentration of population or severe congestion on town, county, or state roads. (2) The proposed development will not adversely affect the established character or value of the surrounding property. (3) The land must be served by public water and sewer. The following land uses are permitted in this district:' one or two family dwellings, apartments, row houses, town houses, condominiums or other similar multiple family dwelling units. In this district each multiple dwelling requires a minimum of 3,600 square feet of gross lot area with no more than 12 units per gross acre and suitable open space must be set aside for use by the residents. The procedure for rezoning of R-1 to R-2 is generally as follows: (1) A plan must be presented to the Planning Board for preliminary approval. (2) A public hearing is required. (3) The Planning Board makes a recommendation to the Town Board which holds one additional public hearing before Proposed Zoning Ordinance Page 8 making its decision to rezone. The plan which is presented at the time of rezoning must be the one which is used for construction of the development. The intent of this ordinance is that the R-2 be used to permit what are called planned unit developments, which are combinations of apartments or row houses and single or two family dwellings. R-3 Mobile Home Park District It is the intent of this section to permit the construction of well-designed mobile home parks in the Town of Ithaca. It is not the intent to permit individual mobile homes anywhere in the Town. There are presently no R-3 districts in the Town, however, an R-3 district may be created by amendment to the zoning ordinance. A minimum size for an R-3 district is 10 acres. The procedure is the same as for rezoning to R-2 and is subject to the following conditions: (1) The proposed development will not create a danger to public health because of too high a concentration of population or severe congestion on town, county or state roads. (2) The proposed development will not adversely affect the established character or value of the surrounding property. (3) The land is served by public water and sewer or the well source and septic system has been Proposed Zoning Ordinance Page 9 approved by the Tompkins County Health Depart- ment. Any plan for development of a mobile home park must show plans for a minimum of twenty mobile homes. Each mobile home must have at least 5,000 square feet of space and be at least 30 feet from any other mobile home. Adequate water and sewer service must be provided to each trailer and sufficient open space must be retained for the use of the residents. And, plans must be shown for the landscaping of the mobile home park. A prefabricated or sectional home is not considered a mobile home. Planned Unit Developments It is the intent of this ordinance to permit planned unit developments consisting of combinations of Residential, Commercial and/or Industrial land use. A Proposed Zoning Ordinance Page 10 minimum of 100 acres is required for a planned unit develop- ment and each land use is governed by the zoning regulations pertaining to that particular use. The procedures for approval of planned unit developments are the same as would be if each type of district were applied for separately. Planning Board approval is required for any planned unit development prior to any rezoning that may be required. e BUSINESS DISTRICTS (B-1, B-2) B-1 Business district / is intended for use as small neighborhood retail shopping areas. Any use which is not compatible with residential land uses or would create severe traffic congestion will not be allowed in this B-2 district. Business district /, however, is considered to be for large shopping centers. Since this type of use may generate large volumes of traffic, these districts will only. be considered along existing or planned major highways. Also these centers should be set back at least 100 feet from any highway and be appropriately screened from adjoining residential developments. Adequate access and egress, parking facilities, and screened waste disposal areas shall be provided. Special permits are required for gasoline stations, theatres, dance halls, or bowling alleys. Any signs must comply with the Town of Ithaca sign ordinance. No Proposed Zoning Ordinance Page 11 residences are permitted in business districts. ' Site plans must include detailed plans for the adequate control of noise, air and water pollution. INDUSTRIAL DISTRICTS (I-1, I-2) There are two types of industrial districts, one for light manufacturing which does not require the extensive use of machinery, and the other for heavy industries which use large machines and have extensive power and space requirements. All plans for construction of industrial buildings require approval of the Town. Board. Site plans must include detailed plans for the adequate control of noise, air and water pollution. All industrial developments must be set back at least 150 feet from the street and be adequately screened from adjoining residential property. AGRICULTURAL DISTRICTS (A) It is the intent here to permit farm land to continue being farmed but to prohibit the uncontrolled development of land for residential or other purposes. In the past, 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 development may take place provided that the agricultural land is rezoned. The non-residential uses permitted in R-15 are also permitted here. Proposed Zoning Ordinance Page 12 One problem which may occur on existing or new farms is the pollution of air and/or water with animal J wastes. It is the intent of this ordinance to insure that adequate provisions are made for the treatment and disposal of animal wastes. Substantial amounts of forested or partially forested land which would be suitable for overnight or weekly campgrounds is available in the proposed agricultural districts. By special permit. approved by the Planning Board, campgrounds may be permitted. PUBLIC USE DISTRICTS (P) Over 25% of the land in the Town of Ithaca is owned by tax exempt organizations, such as Cornell University, Ithaca,College, Finger Lakes, State Park Commission, Tompkins County and the City of Ithaca. Land in this category is generally not used for residential (except for dormitories) , commercial or industrial purposes and hence is designated Public Use. A building permit is required for any construction in this district, although the permit fee is waived for buildings being constructed by any governmental agency. Proposed Zoning Ordinance Page 13 Before a building permit is issued, the site plans must be reviewed by the Town Planning Board. The purpose of this review is to ascertain if there will be any adverse impact on adjacent properties. For example, there may be more traffic, greater surface runoff or use of water and sewer than the Town's existing facilities can handle. It will be easier to solve such problems if they are known in advance. The Planning Board may make such reasonable requirements of the applicant as are needed to insure the and environmental protection health, safety / of Town residents.