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HomeMy WebLinkAbout1973 Zoning Ordinance A' 4 PROPOSED ZONING ORDINANCE TOWN OF I'll-fACA, NEW YORK AL W. f �� .• 19 f ww.w.�wu �wiwwww�wwwmwwwwuw.w�wu uww.wwowwwn�www+umew+.m�^ww�..,.ww.-�+W' _ 'mow, PROPOSED ZONING ORDINANCE TOWN OF ITHACA, NEW YORK OUTLINE Preface Article I - Definitions Article II tstablishment of Districts Article III Residence District (R-lj—' j" Article IV Multiple Residence District (R- 2) Article V Mobile Home Park District R-T)D1-- Article VI Business District Article VII Business District (B- 2) .:isle VIII Light Industrial -WARKY . .1) Artilcle IX , Heavy Industrial District (1 - 2-) .Article-1 --hr-scul-Ituhal District (A) Article XI Public Use District (P) Article XII Site Plan Requirements Review Approval Procedures Article XI II General Provisions and Non-Conforming Uses Article XIV Administration TUIN 02 1THICA2 NEW YOU, RE-ADOPTEDI, 'L�4117NDED AID 1.�,EVISED AS OF %Y 1.2 1973 For the purpose of promoting the health, safety, and environmental quality of the community, to lessen congestion in the streets, to secure safety from fire, to provide adequate light and air, to prevent the ovorcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and 9ther public requirements, under and pursuant to the Laws of the State of Ncw York, the size of buildings and other structures, the percenta, of lot that may be occupied, the size of yards, the density of popula- tion and the location and use of buildings, structures and land for trade, industry, residence or other purposesi are hereby restricted and regulated as hereinafter provided. ARTICLE I. SECTION 1. Definitions. For the purposes of this ordinance certain words and terms shall have the following meaning unless the context otherwise 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 8ame lot or in the same development. 2. ACCESSORY BUILDING: A building subordinate to the principal building on the same lot and used for puyposes customarily incidental to those of the principal building. 3. BA I\Tf: A portion of a building partly underground which has more than one-half of its height imeasured from finished floor to finished ceiling b I ow the average grade of the adjoining ground. 4. BUILDIYG: Any man made structure or _p;qqq__ 0f_..,p�qq,ipM;pt which is placed or fabricated on the ground which has a height above ground of over s&( 1?VW feet or a total volume in excess of 1,000 cubic feet. 5. 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, �ihether or not such structures or accommodations are operated for profit. 6. CLINIC: A building or any part of a building which is used for the ractice of medicinei., 7, (31IJBHOUSE or IODGE: An orgpnization catering exclusively to members and their guests and/or premises, and buildins for recreational or athletic purposes, Mich are not condicted primarily for gain, provided there are not &AdVated any vending stands, merchan- dising or commercial actIvities except as required gener- ally -for the purposes and membership of such club. 8. COURT: An unoccupied open' space, other than a "_ yard, on the same lot with a building, which is bounded on -two or more sides by the walls of such building. 9. DWELLING: A building designed or used as the living quarters for one or more families. 10. \DWELLP45� MULTI-FAi,'1ILY or APA—R'TL,MNT DWELLING: Atdi"Iding or group of buildings on one lot containing separate dwelling units for three or more families. 11. DWELLING, ON1, FA,',IILY: A detached building A, SO, C' r with at enclosed foundation designed for or occupied wa, 90Q%4YhN$KKy one family for residential purposes. 12. MTELLING UNIT: A dwe'11-Lig, or portion of a dweLfing, providing complete living facilities for one ANA. 13. EDUCATIO:VLL ',rFACILITY: Any buildings or equipment used for or necessary to the operations of any primary or secondary school, vocational school, college or university. 14. FAMILY: One or more persons related by blood, marriage, or adoption. 15. FARM: A plot of land that exceeds ten (10) acres and is used for one or more of the following purposes: a. TillaSe of land to produce food to be con$umed '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,\ 6. EtASHING\SIGN: A illubinated Jign on which the wificial light is not maintained so- tionary �d/or conslynt in intensity qyd COW"at all times. 17. 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 4 r"', too 4 the r w"4 OIL AL , been or may be covered by flood water, '�"j 18. - FRATERNITY or SOaORITY 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. 19. GARAGE, PRIVATE: An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation, or service is conducted therein ,nor space therein for more than one car is kc! leased to a nonresident of the premises. . 20. GARAGE , PUBLIC: Any garage not a private garage, available to the public, and which is used for parkin q #p#qge",A pmdbl 1/d't-r"-6,A 211SX01 FACILITY: Any building used for the treatment, long term care and/or rehabilitation of persons who are sick or injured, 22. HUM OCCUPATION: or profession which: a. Is customarily carried out in a dwelling 40# or in a building or other structure accessory to a dwelling *1#4 and b. Is carried out by members of the family residing in the dwelling 4JAY, and c. Is clearly incidental and secondary to the use of the dwelling molt for residential purposes, A home occupation includes the following: office of a physician, dentist, lawyer, engineer, architect, accountant, teacher, tailor or psychologist within a dwelling occupied by same;or teaching, with musical instruction limited to aQjp;j;_student at a Other home occupation may be permitted in accordance with the provisions of Article III, Section 4(7) . 23. HOSPITAL: An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment to nent or other carn of humans. 24, HDIEL or TOTEL: A building containing roams or living units designed to be or in fact rented for transient occupancy and �,�nich may also include a. restaurant andibar. The word hotel or motel shall include "motor lodge" , "motor hotel", "motor court'', flinn", "tourist court", or similar names. A Y 25. IMI12 HOME: 'My structure or vehicle designed to be transported after f abrication on its m,ni wheels, or on flatbed or otear 1railers, or detachable wheels, which is used or intended to be used for long term occupancy for purposes. It does notinclude and considered different from a sectional house which is prefabricated in sections, transported to the building site, then fastened together and placed on a permanent and totally enclosed qpeOdQ\foundatioa and �ehich has a minii-kium width of 13 feet for its entire length and contains a minimum of 720 square feet of usable living space. 26. JUM YARD: The use of more than 200 square feet of the area of any lot, whether inside or outside for the storage, keepin3, or abandonment of, junk or scrap materials. It includes, but is not limited to, an area used for the dismantling, demolition, or abando:nient of automobiles or other vehicles, machinery, equipment, appliances , or any other t3,e of materials or parts thereof. 2 7. LOT: A C'" Nf!Aplot of land accu pied or to be occupied by a principal building and its aclessory building or buildings and including the yards and other open spaces required by this ordinance. 28. LOT AREA: The total area within the vb lines encluding external streets or any Roane, ,par; of a public hiShway right of way that may be included within deed description of the lot. 29. LOT LINE: 30. MOBILT], 110:1E, PARE.: k�,rvaap* tand used or intended to,, be used by two or more occupied mobile homes. a14 , 31. NONCOMF012,1,1I 14TG USE: A use of land or a building eristing at the time of enactment of this ordinance and its amendments which does not confoirm to the zoning it 32. NUMERY SCHOOL: A 6yPopl, building, or part of a building used to pravide dytime are or instruc- tion for two or more childr 33. NURSING or CONIVALES-MiNT HOYE: A building other than as hospital where sick or infirm persons are lodged, furnished with meals and nursing care for hirea except persons �Aio are mentally ill, KfQjgg, drug MUM or alcoholic patients. 34. P&RKING SPACE: An ared-for the temporary parking K an automobi 84180 squRve-feet (IMPANE, with a minimum width of 10 fen, eNclusive of the parking, lot culation area,. 350 110011111C 110U1,,],.E- A, building used as a dwelling other than a hotel or motel in which 3 or more persons are housed for compensation. 36. SANITAM �,ASTE DISPOSAL or LAND FILL AREA: An area used for the dumping or permanent filling withAoil, stone, gravel, and, refuse, or any miNture thereof for the purpose of refuse disposal and which extends, fills, or builds up the area' s natural contours. qet k, F. 37. STORAGE: The indoor or outdoor accumulation or aging up of manuEactured products or raw materials, %Y or the keeping of one or more pieces of movable equipment. K 5 T STPITT LINE- The limit of the right of way of Zl�'Areqt, road, or highway. Where the word street appears thjs also mecy-101.6-May or road. 39, THEATRE,/ 1=06a DIVE IN: An open lot with accessary facilitiesw1iich 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, 40. TOITRIST HOUSE: A building used as a dwelling other than a hotel or motel in which accomodations for transients are offered for compensation. 41. ' USE: The specific purpose for which land or a building is designed, intended, arrainged, or for Wich it is or may be occupi& or maintained. The tero "permitted use" or its equivalent does not include any nonconforming use. 42. UTILITY EQUIP:17,112n : Transformer substations, pm7er generating plants, pumping stations or other ,structures used for the production or transmission of gas, electricity, it tam or other power source, 43. YARD, FRONT: The open space between the street right of way line and the front line of the principal building, eNclusive of overhanging eaves and rather permissible projections, extended to the side lines of the lot. 44. YARD, REAR: The open space between the rear lot , lirye and the rear line of the principal building, ex clusive of overhan3ing eaves and other permissible pr oj6ctions, entended to the side lines of the lot. 45. NARD, SIDE: The open space between the principal building, enclusive of overhanging eaves and other permissible projections, and a side lot line and extending through from the front yard to the rear yard. ESTAE�LISIJ.1,;'ElTr OF DISTRICTS SECTION 2. Districts, For the purpose of this ordinance the Town of Ithaca is hereby divided into nine districts as follows: Residence Districts (R-1) Multiple Residence Districts (R-2) Mobile Home Park District (R-3) Agricultural Districts (A) Business Districts (B-1) Business Districts (B-2) Light Industrial Districts (I-1) Heavy Industrial Districts (1-2) nablic Use Districts (P) New districts iiay be added or boundary can made to eXisting districts by amending this ordinance in accordance with the provisions of Article XIV, Section The location of said. districts are set forth on the map acco crap anying-thi-q.-ordinance, entitled Zone Map, datedJuly 1, 1954, as , amended, and signed by the To Clerk. Said map and all explanatory matter than and amendments thereto are hereby made a part of this ordinance. Regardless of the existence of purported copies of the Official Zone '14ap which may from time to time be made or published, the Official Zone Map which shall be located in the Offl.ce of the Tow,n Clerk shall be the final authorit,.y as t.he current zoning status of Nand and water areas, buildings., and other st'ructures in the T ti'7n' SECTION 3. District Boundaries. Where uncer.- tainty exists with respect to the exact boundaries of the various districts as shown on the Zone Map., the followin- rules shall apply. 1. - Boundaries indicated as approximately followina the center line of streets, highways or alleys shall be construed to follow such center lines. Boundaries indicated as approximately follming 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 chan-e in the shore line shall be con- strued as moving, with the actual shore line- boundaries indicated as approximately follmqing the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follmq such center lines. 5. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be so construed. Distances not specifically indicated oa the Official Zone Map shall be determined by the scale of the map. 6. Any lands existing in the ToTni of Ithaca whicl:i are unzoned at the time of the adoption of this amend- ment, and any lands hereafter added to the Town of Ithaca by annexation or otherwise, are hereby zoned to the same zone or a more highly restrictive zone than thelydjacent zone, Any such after-acquired and .......... Wall be automatically zoned Residence District RQ upon such acquisition, except that such lands may be thereafter rezoned to any other zone by action of the Town Board of the Towa of Ithaca. AFITIC]1' III Rl",,SID:�:N'SE' DIS172LICT (R-1) SECTION 4. Use Regulations. In Residence Districts R-1 no building shall be erected or exten- ded and no land or building or part thereof shall be used for other than any of the following purposes: one or two family dwelling. In addition to a single family, a one family dwelling may be occupied by not more than two boarders, roomers, lodgers or other occupants. A two family dwelling is permitted provided that the second dwelling unit shall not exceed 50% of the floor area of the primary dwelling unit. A two family dwelling shall be occupied by not more than two families, except that thd 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, 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 of such units is occupied by a family then the to number of such occupants in such two family dwellings shall be no more than three. One or two family dwel- lings may be occupied by more than the occupants permitted above by0pecial Permit of the Board of �-� Appeals upon application to such Board The minimum size lot on which a one or two family dwelling may be constructed is given in Section 6. 2. Publicly awned buildings or other facilities and public or private recreational facilities, health related facilities, religious institutions, educational facilities or major utility equipment. Prior to the constructik of any buildings or facilities for the above mentioned uses, as site plan must be reviewed by the Planning Board in accordance with the provisions of A rticle XII, Section 37. 3. Standard residential subdivision. a. A parcel of land in an R-I residential Ciepl,ne district may be subdivided in up to three standard n. 0.m . W residential lots provided that each lot meets the reqyirements of Section 6. b. A parcel or parcels of land may be subdivided into more than three standard residential lots if the site an for the subdivision is reviewed and approved by the Planning Board in accordance with the requirements and procedures of Article XII, Sec- tion 3L 4. Cluster residential development. On a parcel or parcels of land in an R-1 district having a total area greater than ten acres the dwelling units may be clustered an smaller than thecMARA -stakda-rd-We' s"'IT-­ cl�klr C4 o dential I ts in accordance with the provisions of section 231 of New York State Tmni lz-w. Prior to the issuance of building permit the plan for a cluster residential development must comply with the requircrYients f ections fkVe and six and 'be review(,�wd and appl,'CYVed by, the Planning Board ac4�,.=dinc, to the provisions of Article 1tII., Section 33. 5. Planned Residential Development. On a parcel or parcels of land iii an R-1 district having as total area greater than 100,�cres the land may be used for a combination of 'Lwo or more of the follcniing resi- dential land uses: one and two family dwellings, clustered dwellings, multiple residences or mobile homes. A plan for such as residential. development must be reviewed and approved by the Tcnni Board and meet all other provisions of Article XII, Section 34. 6. Planned Unit Development. ()n as parcel or parcels of land in an R-1 district having as total area greater than (�5 acres the land may be used for a combination of standard residential subdivision, cluster development, planned residential development, business, or industrial. The plan for such a development must meet the requirements of each section C� C pertaining to the t es yp of land uses to be included In, the proposed development. Further, the plan for such as development must be reviewed and approved by talks Town Board and meet all of requirements of Article XII, Section 35. 7. Accessory residential uses. In residence districts R-1 the follmiinl- accessory uses are permitted: a. Off-street ,arage or parking space. This accesso:ry use is required by Section five para- graph Is b. Art acccssory building the than a garage Which may be used for storage or other v accessary uses. An accessary building may not be N" Used as a dwelling unit or for bi.'isiness,, industrial 'ear,,' or agricultural activity. c. A customary home occupation subject to the following 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 homle occupation. S. There shall be no exterior dis- play, no exterior sign an apt as permitted in the Town of Ithaca Sign Ordinance no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building. Further, no motor vehicle evidencing a sign or other advertise- ment of the home occupation may be parked on or near the residential premises of the home occupation when such parking violates any other aforementioned regard- `,,, ing exterior display. 4. No goods or products way be publicly displayed or advertised for sale. 5. No offensive noise, vibration, smoke, dust, odors, are or glare shall be produced. A, home occupation her than those listed in Article I Section 1 may be considered on an individual basis by the Board of Zoning Appeals N 'hen in the Board' s opinion (1) the proposed use is similar to those listed, (2) the proposed use will not adversely affect the ,established character or value of the surrqunding property, and (3) the proposed use is in harmaay, with the spirit and intention of the ordin alce, d. The keeping of household pits: the raising or keeping of animals for sale or the boarding of animals is permitted only in agricultural districts. Up W three horses may be kept provided that the lot size exceeds two acres for each horse. e. A temporary roadside stand or other st,ructure for the display and sale of farm or nursery products incidental to farming and as a seasonal OnVenience to the owner or owners of the land. Any such stand shall be removed at the end of each season, shall be located a minimum of 25 feet from the street pavepeAt and located in such a manner as to permit safe access and egress for automobiles and parking off the street pavement, A roadside stand may be prohibited in certain locations if it is determined by the zoning enforcement officer that such a use may cause traffic congestion or otherwise be incompatible with the surrounding land use. f. Signs. A residential sign or a sign in connection with an accessory use or any other per- mitted use may be erected in an R-1 district provided that it meets the requirements of the Town of Ithaca sign ordinance. SECTION 5. Building and other structural regula- tions. In residence districts (R-1) all buildings shall conform to the Naw York State Building Code and to the following regulations: The minimum enclosed floor area for a one family house is 720 square feet. In the case of a two family dwelling the primary dwelling must have a minimum enclosed floor area of 720 square feet and the pecondary dwelling unit a minimum of 360 square feet. 2. No building or buildings on a of including accessory buildings, shall be erected, altered or extended to cover more than twenty per cent of the lot area. In determining the percentage of building coverage porches or carports, or any other roofed structure whether open at the sides or completely enclosed shall be considered part of the building or buildings. 3. In a standard residential subdivision there may not be more than one building per lot used for A- dwelling purposes. 4. In cluster residential development there may be up to four dwelling units per building but no more than 3.5 duelling units per gross acre. 5. Accessory buildings in standard residential subdivisions caay not occupy any open space other than the rear yard. . An accessory buildLr,�,,:I; om,.iy 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 glaraVie. may be. built across a common lot line with a party wall by mutual agreement bet7,7een adjoining property o�,rners. Accessory buildings shall, in no case exceed 15 feet in height. 6. No buildings may be constructed or altered so as to have more than three(1 stor ie or be higher than ,30 feet as measured, from the ground surface to thd,,,roof line.. at,,.Iany. j� nt. J 7. FuG_Iid buildings, or other structures or equipment constructed for non-residential purposes, shall be constructed so as to minimize any adverse impact on the surrounding neighborhood. Where possible these buildings should conform in height and lot coverage to other buildings in the immediate vicinity. Where it is determined by the planning board that a structure or activity will adversely affect the character of the neighborhood, plantings or other C) screenin- materials may be required in accordance with the provisions of Article X.II,, Sec Lion 8. Fences, walls and landscaping. The provisions of this ordinance do not apply to fences or walls not over six feet hi above the natural grade, except that no fence or wall shall be constructed or trees or shrubbery planted so as to abstruct the view at street f The driveryf an g6bomobile intersections. 11��Aen rifooped reh inlersection should hade an ytpbstructedk of (viefoft& cross street for � s ida'/ 400 feet in both A rections. 9. Parking requirements. ;very building used for dwelling purposes shall have aai on the same lot garage p aaw e or off-street rkspace for t Wo equivalent to the number f divelling units in said building. The off-street parking spacefor each dwelling unit in a chaster residential development shall hin 200 feat of the dwelling its is a n- dd to serve. Automobileparking areas shall be located so that no part of any parked vehicle extends into the right of way f any public street. The off-street street parking requirements for non-residential land uses permitted in R are set forty in Article Section SECTION cats and Opens Space Requirements. 1. Lot Dimensions. In standard residential, subdivisionsh a araimum lot area permitted is 15,000 square feet. ears public water and sewer are not availableh minimum lot sizesare determined by the Tompkins un Health Department. The minimum width of residential lots is 100 feet. The lotwidth shall be measured at a distance from the streetedge equal to the front yard r quir• men . In standard residential ubdivisio as approved by the Planning Boand certain lots on street intersec- tions or cul-de-sacs may at the discretion of the Planning Board be less than 100 feet wide. In cluster residential lot sizes may be smaller than in standard subdivisions but an equivalent amount of open space must be set aside and provisions made for the pe mane nt maintenance of that open space. 1 :2, Yard Requirements. In standard residential subdivisions at least the following yard dimensions are required: a. Front Yard: No building shall be less than 30 feet from the street edge of a Town Road, 40 feet from the street edge of a County Higdiway, and feet from the street edge of a State Highway. b. Rear Yard: No building shall be less than 30 feet from any rear lot line. c. Side Yard: No building shall be less than 15 feet from any side lot line except that a one stoxT garage may be 10 feet of a side lot ling . on irregularly shaped lots the yard requirements will be' determined b the Planning Boar "LANWo tow" CIA"-f In cluster subdivisions buildings musle at least 25 feet apart and at least 25 feet from lot lines of the edge of the development. Front yard requirements are determined by the Planning Board after reviewing the site plan according to the provisions of Article XII, Section 33. Public buildings constructed for non-residential purposes shall, where possible, have the same yard and open space requirements as residcntial buil6ings. ARTICLE IV' MULTIP11 RESIDENCE DISMICT Q-2) SECTION7. Use Regulations. In Residence Districts R-2 no building shall be erected or altered or extended' and no land or building or part thereof shall be used for other than any of the following purposes: 1. Any use perlitted in an R-1 district. 2. Nbltiple family dwelling units .111,ppylso Ile "r x as to provide living quarters for aenimimum of four '' families. No building permit all be issuea-rot" a building within Residence District R-2 unless the proposed structure is in accordance with the require- ments and procedures of Article XI I, Section 36. SECTION S. Building and other structural regulations. In Residence Districts R-2 all buildings shall conform to the New York State Building Code and to the following regulations: 1. The minimum enclosed floor area for each type of dwelling unit shall be as follows : Welling Type Minimum Floor a. Dwelling with no separate bedroom (Effic'.- .. o.r studio apartment 360 square feet b. Dwelling with one bedroom 460 square feet c. Dwelling with two bedrooms 600 square feet d. IX,7ellin- with three 0 or mola bedrooms 20 square feec 2. No 'buildinp,�, or buildings including accessory buildin-,s, shall be erected, altered or exten- ded to caver morc-: than thirty per cent of the multiple residence area. In determining the percentage of building coverage porches or carports or any other roofed structure whether open at the sides or complet-ely enclosed shall be considered part of the building or buil.dings. 3. No buildings may be constructed or alt6red so as to have more than three stories or be higher than 30 feet as measured from the ground surface to the roof line at any point. 4. Accessory buildings which may be constructed for laundry or recreation purposes shall have their use limited to the residents of the multiple residence district within which they are located. V) ,. 5. In a multiple residence district there may be up to�'24 exalts per building but no more than 12 &qelling units per gross acre, 6. Parking Requirements. Every building used for &e1ling purposes shall have available garage space or off-street parking space for automobiles equivalent to 1.5 times the number of dwelling units in the multiple residence district. If more than twenty- five per cent of the dwelling units have three or more bedrooms each )then the number of parking spaces shall be two times the number of unit No parking shall be located farther than 200 Met from the dwelling unit it is intended to serve nor shall any parking be located any closer than thirty feet from any lot line. Parking lots shall be surfaced with bituminous asphalt or concrete and must be graded so as to drain properly. 7. No waste or refuse shall be placed out of any building in a MAItiple Residence District except in enclosed areas specifically designated for the collection of solid waste which, contain receptacles adequate to prevent the scattering of waste and shall be planted or otherwise screened from public view. SECTION 9. Open Space Requirements. 1. The minimum size area for the development of a multiple residence A distAct is ten acres, kw�- t�j__A_ . 1 2. Each I-1ultiple Residence District shall provide recreation areas for the use of its residents. The space reserved for such recreational use shall not be less than 400 square feet per dwelling unit. 3. No buildings shall be closer than 30 feet from any lot line. The distance between any two struc- tures shall be no less than the average height of both. All"CIC1.1: V MOBILE 11011U`�" 1'�2SIDE11"CE DISTIUCT (R-3) SECTION 10. Use Pegulations. In Mobile Home Residence Districts F',--3 no building shall be erected or extended ,and no la-nd or "building or part thereof shall be used for other than any of the following purposes: 1. Any use permitted in an. R-1 district. 2. Mobile homes, either grouped in mobile home parks or individually placed on lots. The minimum size of lot on which a mobile home may be constructed 4 is given in Section 12. Before a mobile home park is constructed or a group of more than three mobile homes are placed on lots the site plan for the park or the group of mobile homes must be reviewed and approved by the To�m Board in accordance with the requirements and procedures of Article dXII, Section 37. SECTION 11. Building and other structural requirements. In Residence Districts(,-3 11 buildings or mobile homes shall conform to the New York State Building Construction Code. In addition all mobile homes and other dwellings must comply wit1i the follow- ing regulations: 1. Dwelling units other than mobile homes or mobile homes which are placed on lots of 15,,000 square feet or more must con-form to the building and structural regulations of Article III, Section 5. 2. The minimuzi enclosed floox- area f o.t­ a mobile home -is 720 squ,,.ir,e feet. 3. No mobile h,ome all be placed or altered or ex,tended to over more than twenty per cent of the mobile home lot. This regulation shall, apply to mobile hori)es on lots or in mobile home parks. In determining the percentage of lot coverage porches , or carpOrts or any other roofed sttucture whether open at the sides or completely enclosed shall be con- sidered part of the mobile home. 4. In mobile home parks or on individual lots there may not be more than one mobile home placed on a lot. 5. Accessory buildings may be constructed in, mobile ho me park for the storage of equipment or the provision of recreational or other services to the residents of the mobile home park. One accessory building way be constructed per fifty mobile homes. An accessory building in a mobile home park may not be larger than 1.1,000 square feet and may not be closer than 30 feet to any lot line or mobile he 6. No buildings may be constructed or C) altered so as to have more than three stories or be higher than 30 feet as measured from the ground surface to the roof line at any point. 7. Each mobile home to in a mobile home park or separately shall have a mobile h--mle stand which will provide for the practical placement on and removal from the lot of a. mobile home and the retention of the hone on LIB.(! 10L in a stable con- dition. The star-id shall be o.-[" sufficient size to f it the dimensions of the anticipated mobile home and be constructed of an appropriate material which is durable and adequate for the support of the maximum anticipated loads. Tile stand shall be suitably graded to permit rapid surface drainage and shall be provided with anchors, tie-downs, or other devices capable of assuring the stability of the mobile homey Anchors or tie-downs shall be placed at least at each corner of the mobile home stand and the mobile home shall be securely fastened to such anchors. 8. Parking requirements: Each mobile home in a mobile home park shall be provided with one off-street parking space located on the same lot as the mobile home. In mobile home parks additional off-street parking spaces shall be provided in the amount of one space for every two dwelling units. This additional off-street parking may be grouped in convenient locations for the use of park residents. Automobile parking areas shall be located so that no part of any parked vehicle extends into the ri-ht of way of any public street. 9. Each mobile home park shall have improved streets to provide for the conveiiient 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 vehicular circulation within the park. Streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety and shall be of slufficieate Vidth to permit the safe passage of 00� cv� vehicles with mobile homes attached. All one-way 30 .streets Shall have a minimum width of 12 feet. All two-way streets shall have a minimum width of 20 feet. 10. No waste or refuse shall be placed outside of any mobile home or any other building except in enclosed areas specifically designated for the collection of solid waste which contain receptacles adequate to prevent the scattering of waste and shall be planted or otherwise :are from public view. SECTION 12. Open Space Requirements. 1. The mijmum; size area for development of a. 1N�; le,, 11'1111 mobile hom 'V en acr jjkis tA, o i b Mbile home parks P_ %t cmst e loca ad withi eet of a primary road and have at least one entrance on a primary road. 4?er, N 2. Each mobile home park shall include open P j space areas for the use of its residents. Such open space need not be in a single parcel but should be conveniently located in the park and shall have a C1, total area equal to at least ten per cent of the gross %YN land of the park. 0 If 3. Mobile homes which are not located in mobile home parks but are individually placed on 0, (V YIr lots are subject t,o the R-I standard residential subdivision open space requirements set forth in Article KI, Section 6. 4. Mobile homes in mobile home parks must comply with the following yard requirements: a. Each mobile home shall be placed on a 1pt having a total area of not less than 5,000 square feet with a minimum dimension of 50 feet. b. The total number of mobile homes in a mobile home park shall not exceed eight per gross acre. c. No mobile home in a mobile home park shall be situated within 100 feet of a district boundary or any existing or planned public highway or street. d. Mobile homes in mobile home parks must be placed so that they are at least thirty feet apart and at least twenty feet from the nearest edge of any interior park road. J, 'V BUSIME,SS DISTRICT (B-1) SECTION 13. Use R.egulatsans. In Business districts 1 -1 no buildin- shall be erected or extended and Tio land or buildings or part 'thereof shall. be used for other than any of the following purposes: 1. Retail. stores necessary to serve the needs of a single "Aeighbo. rhood. Permitted establishments include a food market ".),)drug store, bank, liquor store, office, liar wa—rie store, clothing store, laundry, barber shop, florist shop or greenhouse. Additional retail uses may, be considered on an individual 'basis by the-,Town Boar d ,bnder the provisions of Article X11, Section 37, when, in the opinion of the Town Board,, the proposed use is essentially similar to those listed and will not adversely affect the established character or value of the surrounding property. , No building pen-ift shall be issued for a building in a Business B-1 district unless a site plan showing the proposed building has been approved by the Town Board in accordance with the requirements and procedures of Article XII, Section 33. 2. Accessory business uses: In Business districts B-1 the following accessory uses are permitted: a. Off-street parking spaces. This accessory use is required by Section 14, paragraph b. Accessory storage buildings. Storage of materials or equipment is not permitted outside of buildings. c. S,1.gns. Si,,,Iis may be erected in a Business B-1 district provided that the signs meet the requirements of t1ie Ta,,.,7n of Ithaca Sign Ordinance. SECTION 14. Building and Other Structural Requirements. 1. No build in g s may be constructed or altered C� so as to have more than three stories or be hi-her than 30 feet as measured from the ground surfacr to the roof line at any point. No building or buildings may be constructed or altered to cover more than 40 per cent of the lot area. 2. Parking requirements: For each 250 square feet of retail space or space used for other business purposes there shall be one off-street parking space provided. There shall be no parking in any required front side or rear yard. Parking lots shall be surfaced with asphalt or concrete and be graded so as to drain properly. In addition to parking at least two paved access drives shall be provided. All parkin g areas and access drives to be used at night shall be adequately lighted. 3. Off-street loading requirements: Adequate off-street space shall be provided for trucks to unload materials. No vehicles shall. be parked on any street for the purpose of unloading materials or equipment. 4. Buffer areas: Between a Business B-1 district and any other district a planted buffer screen shall be erected. , The natural buffer shall be designed to be at least ten feet high in three years. Additional fencing or screenin.g shall be pravided in any area where the proposed business facility would create a hazardous condition or would detract from the value of neighboring property if such fencing or screening Are -not provided. SECTION 15. Lot and Open Space Requirements, 1. The minimum area required for the location of a Business 1 1 district is five acres. 2. Buildings in a Business B-1 district must be set back at least 50 feet from any public street right of way or any district boundary. Buildings within a business district must be at least 30 feet apart, unless they are connected by a party wall or a covered walkway. SECTION 16. Use R lat ions. In Business districts B-2 no buildinc, shall 'be erected or extended and no land or buildin.-s or part thereof shall be used for other than any of the following purposes: 1. Any use permitted in Business District B-1. . 2. Retail stores necessary to serve the needs of a re-icanal area. Permitted uses include a depart- Men,t store, appliance store,, clothing store, auto-- mobile sales and service,, (�obile hoc� iia'le S and service, boat sales and set-vice. 3. Places of public assembly such as a restaurant, theatre, skatin,- rink bowling alley or dance hall, where .the activity is conducted entirely within a building. 4. Places of public accommodation such as a hotel, motel or marina. 5. Warehousing operations. In a Business B-2 district the in building storage of equipment or materials is permitted. No storage of any kind is permitted outside of buildings. ve% p�zllk 6. Service or repair facilities: In the event that any of the uses permitted in Business District B-2 involve small scale assembly, repair, processing or fabrication,, such activity shall ta,'Ce place only in connection with products or services offered for immediate sale or direct service to customers(o'n"111-11 Qie premise�,",� and furtl-icr, that no objectionable noise, smoke, odor (-,)r vibration created the shall be experienced beyond the buildings of said businesses. 7. Additional bi:isiness uses may 4 considered on an individual basis by the Town Board under the '>--'-377 hen provisions of Article XII, Section 2 w in the opinion of the ToIT11 Board, ' he proposed use is essentially similar to those listed and will not adversely affect the established character or value of the surrounding property. No building permit shall be issued for a buildin,, in a Business B-2 District unless a site plan showing the proposed building has 'been approved by the Town Board in accordance with the requirements and procedures of Article XII, Section 38. . SECTION 17. Building and Other Structural Requirements. 1. No building may be constructed or altered so as to have more than three stories or be higher than 30 feet as measured from the ground surface to the roof line at any point. No building or buildings may be constructed or altered to cover more than 50 per cent of the lot area. 2. Parking requirements. One parking space shall be provided for each of the following: C� a. 250 square feet of retail space. 'b. 1,000 square feet of warehotLsing. C 10 three seats , or one-third of the maximum expected occupancy, in a place of public assembly. d. each room in a, hotel or motel, each berth in a marina. e. 250 square feet of service facility. A�"'.CICILE, VIII LIC�111' I.!IDULITRI M., 1) Section 1-9. D.e�,'ulations. In a LIJ-1-1t, Lndustritl District (I-1) no 1)uild.I.n-, s,hall be erected or extended, no equipment operauad and no and or buildings or part thereof shall be used for othe? than any of the following purposes: 1. Industrial uses employing hand labor for fabrication or assembly. Permitted industrial uses include an electronics, or electrical supply fabrication plant, or a facility for manufacture or assembly of finished goods which do not require heavy stamping machinery or lifting equipment. Additional light industrial uses may be considered on an individual basis by the Town Board tinder the Provisions of Article CH, Section 40, when, in the opinion of the To Board the proposed use is similar to those listed above and will not adversely affect the established character or value of the surrounding property. No building permit shall be issued for a building in a light industrial district unless a site plan showing the proposed building has been approved by the Town Board in accordance with the requirements and procedures of Article XII, Section 40. 2. Storace and loadin,, facilities for the C) 0 warehousin- and distribution of products which may or 0 may not be fabricated or otherwise produced at the samc locations. 3. Accessory 1i3ht industrial uses. In li3ht industrial districts Q-1) the follawing, accessory uses are permitted: a. Retail stores where the items being sold were either manufactured on the premises or were part of a warehousing or distribution operation con- ducted on the premises. Via. Pollution control equipment. Any equipment necessary to control air, water or noise pollution so as to meet the further requirements of this ordinance or any county, state or federal regulations. c. Off-street parking spaces. This acqessory use is required by Section 20, paragraph d. Accessory storage buildings or areas. Storage of equipment or materials is a permitted use either i0ide of buildings or in outside areas specifically designated for that purpose. Garbage or other waste product* may not be stored outside of buildings except in closed containers. No waste may be burned on the premises. e. Signs. Si;ns may be erected in light industrial districts provided that the signs meet the requirements of the Town of Ithaca Sign Ordinance. Section 20. Buildings and other Structural Requirements. Pa3c 27 1. No may 1­)c constructed or altered so is to have more than throe stories or be higher than as feet as measured from the ground surface to the roof line at any point. No building or buildings may be constructed or altered to as ea more than 30 per cent of the lot area. 2. Parking requirements: There shall be at least one off-street parking space provided for every, WO emp loyees. in addition, if there is as retail store in connection with a permitted industrial use there shall be provided at least one additional space for each 250 square feet of retail space. The shall be no parking in any required front, side or rear yard. Parking lots shall be surfaced with Usphalt or concrete and be graded so as to drain properly. All parking areas and access drives to. be used at night shall be adequately lighted. 3. Off-street loading requirements: Adequate off-street space shall be provided for trucks to load or unload materials. No vehicles shall be parked on any street for the purpose of unloading materials or equipment. 4. Buffer areas: No structure in a light industrial district may be placed nearer than 100 feet from any residence district. � A continuous strip at least ten feet wide al=3 the border between as li3ht Page 33 injustrial and as =Wcntlul district shall be planted or sujuably fcaccd so as to screen the light industrial use froD prcsont or future rcsidenccs. Any planted b0for shall be desi3ned to be at least ten feet high in three years. Additional fencing or screening shall bc prqyided in any area where the proposed industrial. facility would create a hazardous condition or would dIctract from the value of neighboring property if such fencing or screening were not provided. 5. Pollution control: Any li3ht industrial use shall be so operated as to comply with any county, state or federal pollution control regulations and the follawing: a. Noise. At no point on the boundary of are nesidence., Multiple Residence or Business District shall the sound pressure level of any individual ..............- I"---",""---) ope ration or plant, Ccr than the operation of mot95- I.-C thicles or other transportation facilities"$((-ncced the decibel levels in the desi3ned octave bands sho,.7n below for the districts indicated. Alon3 Dusiness AlonS acsiclence, I,Iultiple District Boun- Octave Dand Residence District Boundaries- day--ies Cycles Per I,Iaximum Permitted Sound Level Peroitted SoL,-in,c. Second in Decibels Level in Decibels 1 to 75 72 79 75 to 150 67 74 150 to 300 59 66 303 to 600 52 59 600 to 1200 4 1*5 53 1203 to 2400 40 47 2400 to 4000 34 41. above 4000 32 39 Me 30, Eau& lovAs shall be measurod with oounC levol nown nnV w2sociated octave band filter manufac- tured according Lo standards prescribed by tho American MuMaKs Association. b. Smoke. The emission of any smoke From any source to a density greater than the dencity described as T2 on the Ringelmann Chart is pro- hibited. The RinScloann Chart as published and used by the Burcau of Knes, U.S. Department of Interior, is hereby zdopt& and made part of these regulations. c. Odors. No use shall emit norious, toyi& or corrosive fumes, spa seS2 or matter2 in Such quantities as to be readily 6eteciable at any point ail =3 the boun6aries of the lot wherein it is located. d. Water. No use shall be permitted to al = the composition of any natural streambcd or under- Sro4nd aquefer so that the quality of the water is reduced Nom; its natural state prior to the construction of the light industrial use. Section 21. Lot and Open Space nequirements. 1. The minimum area required for the location of a light industrial district is seven acres. 2. A li3ht industrial district may be divided into lots so that more than one type of indus- trial activity may tale place. The yard requirements for interior lots and roads are as follows: No building shall be placed closer than 25 feet from any interior road or interior lot line. Page 40 L"I the abscace K specific lot lines, b11ildin3s must be a: least 25 fcct- apart unless they are connected by a party wall or covered walk-uay. 3. , The yard requirements at the boundaries of the light industrial district are as follows: No building ,may be erected a-ad no equipment or materials stored within: (i) 100 feet of the boundary of a li3ht indus- trial and any residential or public use district or any public street or hi3hway. (ii) 50 feet of the boundary of a li3ht indus- trial district with a business or agricultural district. (iii) 25 feet of the boundary of as USA indistrial district and a heavy industrial district. In the case where there is a retail store accessory to a permitted industrial use the and require- meat between the retail space area any public street or highway may be reduced to 50 feet. Pase 41 HEAVY MUTUAL DISTRIUr (1-2) Section 22. Use Rcgulations. In a he industrial district Q-2) no building shall be erected or eNtended,, no equipment operated and no land or buildings or part thernof shall be used for the than any of the following 1)Urp9ses: d .i 1. Any use permitted in a light industrial district encept retail stores. 2. The manufacturing or refining of any food, wood, Mctal' plastics, chemical or stone products. Such products may include paving products, Construction materials, explosives, petroleum products or products derived from animals. 3. The wrecking of automobiles, and the storage of auto parts, scrap metal, junk or other materials, Additional heavy industrial use may bc considered on an individual basis by the Tow-n Board un6er the Provisions of Article XII, Section 41, when, in the opinion of the, Town D oard the proposed use is similar to those listed abavi and will not adversely affect the establishcd character or value of the surrounding property. No buildin3 permit shall be issued for a buildinS in a heavy industrial district unless a site plan showing the proposed building has been approved by 2 the Town Board in uccoManco uith the requirements and Droccduras of Article KII, Section 41. 4. Accessary heavy industrial uses. Mop faz retail stores all accessary uses permitted in light in6ustrial d istricts are permitted in heavy industrial 6istricts. Additional permitted accessory uses are as follabs: a. installatiog, Qjg"sjq;, th.e construction of a guard house and the keeping of guard did for the purposes of plant security. b. The installation of equipment or construction of buildin3s for the purpose of movin,'', materials or products by rail, truck conveyor belt or any other method. Section 23. Wilding and other structural re3ulations. 1 1. No buiWM3 may be constructed or altered or equipment raised so as to be higher than 100 feet as measured from the ground surface to the roof line at any point No building or buildinSs may be constructed or altered to cover more than 50 per cent of the lot area. 2. Pawkin3 2equirements: There shall be at least one off-street paraing space provOcd for every two i z t 1161 0 is, a,,,,4 C,-a 0 1-Z' i n employees. (13/Addit"dw C01,11"I tioi'l w*th a petmitted I.,ndustrial use , Cr , shal"I b nA! lea ?t one additional, spac �Ior caph 250 sqvhre oetail ,pace.) Thcrc shall he ao parRQ3 in any required side or rcar yard. ParkinS lots shall be sur- faccd with asphalL on concrete a A be graded so as to drain properly. All park%3 areas and access drives to be used at night shall be adequately UShted. 3. Off-street loading requirements: Adequate off-stren space shall be provided for trucks to load or unload materials. No vehicles shall be parked on any strcet for the purpose of unloading materials or equip- Ment. 4. BUffCr allCaS w NCB ortrllCtUrC C)r CCIUIT,�mCnt in a, 11.7.Ca.Ivy industrial district may be placed acarer than 200 Rn from any rcoldcnce district. A continuous strip at -least ton feet wMe al=3 the border bnween a heavy induotrial and a rcsidential district shall be plantV or suitably fenceC so as to screen the heavy industrial usc Zza'm pres ent or future rosidences. Any ?Iantcd buffe-,,.- shall be desi3ned to be at least ton feet hiSh in three years. Additional fencQ3 or screenino shall be provided in any area t:I-,,.c p=oposed industrial facility would create a hazardous condition or would detract from the value of neighborinS property if such fencing or scrcenin,,; were not provi&d. 5. Pollution control: Any heavy industrial use shall be so operated as to comply with any county, state or federal pollution control re3ulations and the pa se 44