HomeMy WebLinkAbout1990 Zoning Ordinance and Related Local Laws " TOWN OF ITHACA
ZONING ORDINANCE AND CERTAIN RELATED LOCAL LAWS
TABLE OF CONTENTS
ARTICLE I. . . . 1
SECTION 1. Definitions . . . . . . . . . . . . . . 1
ARTICLE II ESTABLISHMENT OF DISTRICTS. . . . . . . . 9
SECTION 2 . Districts . . . . . . . . . . . . . . 9
SECTION 3 . District Boundaries . . . . . . . . . . . 9
ARTICLE II-A RESIDENCE DISTRICTS R5. . . . . . . . . 11
SECTION 3A. Location. . . . . . . . . . . . . . . . 11
SECTION 3B. Use Regulations . . . . . . . . . . . . . 11
SECTION 3C. Accessory Uses. . . . . . . . . . . 11
SECTION 3D. Area, Yard, Coverage, Height Requirements 11
SECTION 3E. Special Requirements. . . . . . . . . . 12
SECTION 3F. Site Plan Approvals . . . . . . . . . . 13
ARTICLE III RESIDENCE DISTRICTS R9. . . . . . . . . 14
SECTION 4. Use Regulations . . . . . . . . . . . . . 14
SECTION 5. Accessory Uses. . . . . . . . . . . . . 16
SECTION 6. Accessory Buildings• . . . . . . . . . 17
SECTION 7. Yard Regulations. . . . . . . . . . . . . 18
SECTION 8 . Building Coverage . . . . . . . . . . 18
SECTION 9 . Size and Area of Lot. . . . . . . 18
SECTION 10. Special Properties. . . . . . . . . . 18
ARTICLE IV RESIDENCE DISTRICTS R15 . . . . . . . . 20
SECTION 11. Use Regulations . . . . . . . . . . . . . 20
SECTION 12 . Accessory Uses. . . . . . . . . . . . . . 21
SECTION 13 . Accessory Buildings . . . . . . . . . . 22
SECTION 14. Yard Regulations. . . . . . . . . . . . . 23
SECTION 15. Building Coverage . . . . . . . . . 23
SECTION 16. Size of Lot . . . . . . . . . . . 23
SECTION 17. Special Properties. . . . . . . . . . 23
ARTICLE V RESIDENCE DISTRICTS R30 . . . . . . . . . . 25
SECTION 18 . Use Regulations . . . . . . . . . . . . . 25
SECTION 19 . Accessory Uses. . . . . . . . . . . . . 27
SECT-ION 20. Accessory Buildings . . . . . . . 28
SECTION 21. Yard Regulations. . . . . . . . . . . . . 28
SECTION 22 . Building Coverage . . . . . . . . . . . 29
SECTION 23 . Size of Lot . . . . . . . . . . . . 29
SECTION 24 . Special Properties. . . . . . . 29
ARTICLE VI MULTIPLE RESIDENCE DISTRICTS. . . . . . . . 30
SECTION 25. Location. . . . . . . . . . . . . . . . . 30
SECTION 26. Use Regulations . . . . . . . . . . . 30
SECTION 27 . Accessory Uses. . . . . . . . . . . . 30
SECTION 28 . Area,Yard,Coverage & Height Requirements. 31
SECTION 29. Special Requirements. . . . . . . . . . . 31
SECTION 30. Site Plan Approvals . . . . . . . . . . . 33
ARTICLE VII BUSINESS DISTRICTS. . . . . . . . . . . . . 34
SECTION 31. Location of Districts . . . . . . . . 34
SECTION 32 . Business Districts "A". . . . . . . . . . 34
SECTION 33 . Business Districts "B". . . . . . . . 34
SECTION 34. Business Districts "C". . . . . . . . . . 35
SECTION 35. Business Districts "D". . . . . . . . . . 35
SECTION 35A. Business Districts "E" . . . . . . . . 36
SECTION 36. Permitted Accessory Uses. . . . . . . . . 36
SECTION 37. Area, Yard, and Height Requirements . . . 36
SECTION 38. Special Requirements. . . . . . . . . 37
SECTION 39 . Site Plan Approvals . . . . . . . . . . 38
ARTICLE VIII LIGHT INDUSTRIAL DISTRICTS. . . . . . . . . 39
SECTION 40. Location. . . . . . . . . . . . . . . . . 39
SECTION 41. Permitted Principal Uses. . . . . . . 39
SECTION 42. Performance Standards . . . . . . . . . 39
SECTION 43 . Accessory Uses. . . . . . . . . . . . . . 40
SECTION 44. Area, Yard,Coverage & Height Requirements 40
SECTION 45. Special Requirements. . . . . . . . . . . 41
SECTION 45-a. Site Plan Approvals . . . . . . . . 41
ARTICLE IX SITE PLAN APPROVAL. . . . . . . . . . . . . 42
SECTION 46. Procedure . . . . . . . . . . . . . . 42
SECTION 46-a. Site Plan Requirements. . . . . . . 43
ARTICLE X INDUSTRIAL PRODUCTS . . . . . . . . . . 44
SECTION 47. Use Regulations . . . . . . . . . . . . . 44
SECTION 48. Performance Standards . . . . . . . . . . 44
SECTION 49. Yard Regulations. . . . . . . . . 45
SECTION 50. Special Requirements. . . . . . 45
SECTION 50-a. Site Plan Approvals . . . . . . . . . . 46
ARTICLE XI AGRICULTURAL DISTRICTS. . . . . . . . . 47
SECTION 51. Use Regulations . . . . . . . . 47
SECTION 51A. Radio Transmission Towers. . . . . . . . 47
ARTICLE XII NON-CONFORMING USES . . . . . . . . . . . 52
SECTION 52 . Continuation of Existing Lawful Uses. . . 52
SECTION 53 . Abandonment of Use. . . . . . . . . . . 52
SECTION 54 . Alterations . . . . . . . . . . . 52
SECTION 55. Changes . . . . _ _ _ _ , , , , . . . 52
SECTION 56. Restoration . . . . . . . . . . . . . 52
ARTICLE XIII GENERAL PROVISIONS. . . . . . . . . . . 54
SECTION 57. Existing Lots . . . . . . . . . . . 54
SECTION 58. Building Floor Area . . . . . . . . 54
SECTION 59. Trailers. . . . . . . . . . . . . . . . . 54
SECTION 59A. Dish Antennae. . . . . . . . . . . . . 54
SECTION 60. Junk or Salvage Yards . . . . . . . . . . 56
SECTION 61. Front Yard Transition . . . . . . . . 56
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SECTION 62 . Side Yard on Corner Lot . . . . . . . . . 56
- SECTION 63 . Side and Rear Yard Transition . . . . . 56
SECTION 64 . Porches and Carports. . 56
SECTION 65. Fences and Walls. . . . . . . . . 56
SECTION 66. Projections in Yards. . . . . . . . 56
SECTION 67. Reduction of Lot Area . . . 57
SECTION 68. More than One Building on a Lot 57
SECTION 69. Parking Facilities. . . . . . . . . . . 57
SECTION 70. Extraction of Natural Products. . . . . . 58
SECTION 71. Public Garages & Gasoline Sales Stations. 58
SECTION 72 . Approval of County Health Department. . . 58
SECTION 73 . Abandoned Cellar Holes and Buildings. . . 59
ARTICLE XIV ADMINISTRATION. . . . . . . . . . . . . . . 60
SECTION 74. Enforcement . . . . . . . . . . . . . . . 60
SECTION 74E. Applications for Approvals, Remedies or
Relief . . . . . . . . . . . . . . . 60
SECTION 75. Permit to Build . . . . . . . . . . . 60
SECTION 76. Certificate of Occupancy. . . . . . . . . 62
SECTION 77 . Board of Appeals. . . . . . . . . . . . . 62
SECTION 78. Planning Board Recommendations. . . . . . 64
SECTION 79. Violations and Penalties. . . . . . . 65
SECTION 80. Amendments. . . . . . . . . . . . . . . . 65
SECTION 81. Validity. . . . . . . . . . . . . . . . 65
SECTION 82 . When Effective. . . . . . . . . . . . . . 65
SECTION 83 . Existing Zoning Ordinance Amended,
Re-Adopted and Re-Enacted . . . . . . . . 65
SECTION 84. Fees. . . . . . . . . . . . . . . . . . 66
APPENDIX
Local Laws Amending the Zoning Ordinance
ARTICLE XV LOCAL LAW #5 - 1985
RELATING TO FLOOD DAMAGE PROTECTION . . . . A-1
SECTION 1. 0 Statutory Authorization and Purpose. . . A-1
SECTION 1. 1 Findings. . . . . . . . . . A-1
SECTION 1.2 Statement ofPurpose. . . . . . . A-1
SECTION 1.3 Objectives. . . . . . . . . . . . A-2
SECTION 2 . 0 Definitions. . . . . . . . . . . A-2
SECTION 3 . 0 General Provisions . . . . . . . . . A-6
SECTION 3 . 1 Lands to which this Local Law
Applies . . . . . . . . . . . . . A-6
SECTION 3 .2 Basis for Establishing the Areas
of Special Flood Hazard . . . . . A-6
SECTION 3 . 3 Interpretation, Conflict with
other Laws. . . . . . . . . . A-6
SECTION 3 .4 Severability. . . . . . . . . . A-7
SECTION 3 . 5 Penalties for Non-Compliance. . . A-7
SECTION 3 . 6 Warning and Disclaimer of
Liability . . . . . . . . . . . A-7
SECTION 4. 0 Administration . . . . . . . . . . . A-8
SECTION 4 . 1 Requirement for Development
Permit. . . . . . . . . . . . A-8
4 .2-1 Development Permit Application. . A-8
4.2-2 Duties of Owner . . . . . . . . A-9
SECTION 4 . 3 Duties and Responsibilities of the
Building Inspector. . . . . . A-10
4. 3-1 Permit Application Review . . A-10
4 . 3-2 Use of Other Base Flood and
Floodway Data . . . . . . . . . . A-11
4. 3-3 Information to be Obtained and
Maintained. . . . . . . . . . . . A-11
4. 3-4 Alteration of Watercourses. . A-11
4 . 3-5 Interpretation of Firm Boundaries A-12
4. 3-6 Stop Work Orders. . . . . . . . . A-12
4. 3-7 Inspections . . . . . . . . . A-12
4. 3-8 Certificate of Compliance . . . . A-13
SECTION 5. 0 Provisions for Flood Hazard Reduction. . A-13
SECTION 5. 1 General Standards . . . . . . . . A-13
5. 1-1 Anchoring . . . . . . . . . . . . A-13
5. 1-2 Construction Materials and
Methods . . . . . . . . . . . . . A-14
5. 1-3 Utilities . . . . . . . . . A-14
5. 1-4 Subdivision Proposals . . . . . A-15
5. 1-5 Encroachments . . . . . . . . . . A-15
SECTION 5. 2 Specific Standards. . . . . . A-16
5. 2-1 Residential Construction. . . . . A-16
5. 2-2 Nonresidential Construction . . . A-16
SECTION 5. 3 Floodways . . . . . . . . . . . . A-17
SECTION 6. 0 Variance Procedure. . . . . . A-17
SECTION 6. 1 Appeals Board . . . . . . . . . . A-17
-. SECTION- 6. 2 Conditions for Variances. . . . . A-19
Resolution of the Town Board - February 26, 1973
- establishing multiple residence district
and a cluster development therein on property
of Schickel Environmental Development Company
on Honness Lane . . . . . . . . . . . . . . . . . . . A-21
Local Law No. 3 - 1983 - Changing the zoning
classification to multiple residence district
from a residence district R-15 of a parcel of
land located on the north side of East King Road
designated on the current tax assessment map of
the Town of Ithaca on parcel no. 44-1-4. 3 . . . . . . A-29
Related resolution on rezonina from
Residential 15 to Multiple Residence District
the same parcel ofland, now referred to as
Majestic Heights, made by Bill J. Manos,
Applicant, Owner and Developer . . . . . . . . . A-33
Local Law No. 2 - 1984 - Adding to the list of
permissible districts which may be designated
as Special Land Use District (Limited Mixed
Use) . . . . . . . . . . . . . . . . . . . . . . . . . A-38
Local Law No. 3 - 1984 - Relating to the Walter
J. and Joyce Y. Wiggins La Tourelle development
on Ithaca-Danby Road (Route 96b) . . . . . . . . . . . A-39
Local Law No. 4 - 1984 - Relating to Rocco
Lucente - Sapsucker Woods Road subdivision to
permit conversion of 14 dwelling units. . . . . . . . A-44
Local Law No. 4 - 1986 - To amend the Zoning
Ordinance to provide a Special Land Use
District (Limited Mixed Use) at the Biggs
Complex owned by Tompkins County . . . . . . . . . . A-49
Local Law No. 1 - 1987 - Providing a Special Land
Use District (limited mixed use) at the former
Cornell University Statler West Complex . . . . . . . A-54
Local Law No. 6 - 1987 - Rezoning a portion of
land at 136-146 Seven Mile Drive from R-30
(residential district) to R-5 (mobile home
park district) . . . . . . . . . . . . . . . . . . A-58
Local Law No. 10 - 1987 - Rezoning the former
Oddfellows Carriage House from residence district
R-30 to multiple residence district. . . . . . . . . A-63
Local Law No. 2 - 1988 - Providing a special
land use district (limited mixed use) at
904-906 East Shore Drive for the Tompkins
County Chamber of Commerce. . . . . . . . . . . . . . A-67
Local Law No. 2 - 1989 - Providing a special
land use district (limited mixed use) for the
Indian Creek Retirement community on Trumansburg
Road owned by CMH associates. . . . . . . . . . . . . A-71
ZONING ORDINANCE
OF THE TOWN OF ITHACA, NEW YORK
RE-ADOPTED, AMENDED AND REVISED AS OF JANUARY 9, 1990
(Effective February 26, 1968)
For the purpose of promoting the health, safety, morals or the
general welfare of the community, and to lessen congestion in the
streets, to secure 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 structures, 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 restricted 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 otherwise requires.
1. Words used in the present tense include the future; the
singular number includes the plural, and the plural the
singular; the word "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" .
2 . A "lot" is 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.
3 . A "lot line" is a property boundary of a lot.
4. The "lot area" shall not include any portion of a public
highway right of way that may be included within deed
description of the lot.
4-a. The "depth" of a lot shall mean the distance between a point
on the street line and the rear of the lot measured
perpendicularly from the street line. A lot need meet the
minimum depth requirements set forth in this Ordinance at
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only one point and not uniformly throughout the lot's entire
width.
4-b. "Height from lowest interior grade" as it relates to a
building means the vertical distance measured from the
surface of the lowest level (floor of a crawl space,
basement floor, slab, or other floor, even if below exterior
grade level) in contact with the ground surface to the
highest point of the roof, excluding chimneys, antennae and
other similar protuberances.
4-c. "Height from lowest exterior grade" as it relates to a
building means the vertical distance from the lowest point
of the exterior finished grade adjacent to the wall of the
building to the highest point of the roof, excluding
chimneys, antennae and other similar protuberances.
4-d. "Height" as it relates to a structure other than a building
means the distance measured from the lowest level or portion
of the structure (slab or base) in contact with the ground
surface to the highest point at the top of the structure.
5. A "family" consists of
(a) An individual, or
(b) Two or more persons occupying a single dwelling
unit, related by blood, marriage, or legal adoption,
living and cooking together as a single housekeeping
unit, or
(c) Two unrelated persons, occupying a single dwelling
unit, living and cooking together as a single
housekeeping unit.
(d) Notwithstanding the provisions of paragraph (c) of
this definition, a group of unrelated persons numbering
more than two (2) shall be considered a family upon a
determination by the Zoning Board of Appeals that the
group is a functional equivalent of a family pursuant
to the standards enumer aced III paragraph (f) ller a 111.
(e) Before making a determination whether a group of
more than two unrelated persons constitutes a family
for the purpose of occupying a dwelling unit, as
provided for in paragraph (d) of this definition, the
Zoning Board of Appeals shall hold a public hearing,
after public notice, as is normally required for the
obtaining of a variance. The fee for such an
application shall be the same as is required for an
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application for a variance. Said application shall be
on a form provided by the Zoning Board of Appeals or
Zoning Enforcement Officer.
(f) In making a determination under paragraph (d) the
Board of Appeals shall find:
(i) The group is one which in theory, size,
appearance and structure resembles a traditional
family unit.
(ii) The group is one which will live and cook
together as a single housekeeping unit.
(iii) The group is of a permanent nature and is
neither merely a framework for transient or
seasonal (including as "seasonal" a period of an
academic year or less) living, nor merely an
association or relationship which is transient or
seasonal in nature. In making this finding, the
Zoning Board of Appeals may consider, among other
factors, the following:
(a) Whether expenses for preparing of food,
rent or ownership costs, utilities, and other
household expenses are shared and whether the
preparation, storage and consumption of food
is shared.
(b) Whether or not different members of the
household have the same address for the
purposes of
(i) Voter registration.
(ii) Drivers license.
(iii) Motor vehicle registration.
(iv) Summer or other residences.
(v) Filing of taxes.
(c) Whether or not furniture and appliances
are commonly owned by all members of the
household.
(d) Whether or not any children are enrolled
in local schools.
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(e) Whether or not householders are employed
in the local area.
(f) Whether or not the group has been living
together as a unit for an extended period of
time, whether in the current dwelling unit or
other dwelling units.
(g) Any other factor reasonably related to
whether or not the group of persons is the
functional equivalent of a traditional
family.
(iv) In making determinations under this section,
the Zoning Board of Appeals shall not be required
to consider the matters set forth in Section 77 of
this Ordinance.
(g) Notwithstanding the provisions elsewhere provided
herein, if the following limitations result in a lesser
permitted number of occupants than would be permitted
under the definition of family set forth above and the
regulations of each zone set forth later in this
Ordinance, the number of occupants, related or
otherwise, shall not exceed the maximum numbers
determined on the basis of habitable space of each
dwelling unit as follows:
(i) A minimum of 150 square feet of habitable
space for the first occupant; and
(ii) 80 square feet of habitable space for each
additional person in each dwelling unit.
In no case shall the enclosed floor area be less than
required by Section 58 of this Ordinance.
Areas utilized for kitchenettes, bath, toilet, storage,
utility space, closets, and other service or
maintenance space shall be excluded in determining
"habitable space" .
5-a. A "building" is a structure having a roof supported by
columns or by walls and intended for shelter, housing,
protection or enclosure of persons, animals or property.
6. A "dwelling" is a building designed or used exclusively as
the living quarters for one or more families.
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7 . A "dwelling unit" is a dwelling, or portion of a dwelling,
providing complete living facilities for one family.
8 . A "one-family dwelling" is a detached building containing a
single dwelling unit.
9 . A "two-family dwelling" is a detached building containing
two dwelling units.
10. A "multiple-family dwelling" is a building or group of
buildings on one lot containing three or more dwelling
units.
11. Boarding House: Any dwelling in which more than three
persons either individually or as families are housed or
lodged for hire with or without meals. A rooming house or a
furnished rooming house shall be deemed a boarding house.
12 . A "tourist house" is a building originally built and used as
a dwelling other than a hotel or motel in which
accommodations for transients are offered for compensation.
13. A "hotel or motel" is a building containing rooms designed
and originally planned to be rented or hired out for living
or sleeping accommodations for transient occupancy.
14. A "clubhouse or lodge" is a building or premises used
exclusively by members of an organization and their guests
which premises or buildings are devoted to recreational or
athletic purposes, not primarily conducted for gain. It
excludes commercial and merchandising activities for other
than its own membership.
15. A "hospital" is an establishment for temporary occupation by
the sick or injured for the purpose of medical treatment,
but does not include an establishment for permanent
occupation by the poor, infirm, incurable or insane.
16. A "nursing or convalescent home" is a building other than a
hospital where sick or infirmed persons are lodged,
f urnlshed with meals acid iaur shag care for hire,. except
persons who are mentally ill, mentally deficient, drug
addicts or alcoholic patients.
17. A "front yard" is the open space between the street right of
way line and the front line of the principal building,
exclusive of overhanging eaves and other permissible
projections, extended to the side lines of the lot.
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r
18 . A "rear yard" is the open space between the rear lot line
and the rear line of the principal building, exclusive of
overhanging eaves and other permissible projections,
extended to the side lines of the lot.
19. A "side yard" is the open space between the principal
building, exclusive of overhanging eaves and other
permissible projections, and a side lot line and extending
through from the front yard to the rear yard.
20. An "accessory building" is a building subordinate and
clearly incidental to the principal building on the same lot
and used for purposes customarily incidental to those of the
principal building.
21. "Storage" is the outdoor accumulation or laying-up of
manufactured products or raw materials, or the keeping of
one or more pieces of movable equipment other than pleasure
automobiles.
22 . A "non-conforming use" is a use of land existing at the time
of enactment of this ordinance and its amendments which does
not conform to the zoning regulations of the district in
_ which it is situated.
23 . A "farm" is any parcel of land containing at least 3 acres
which is used in the raising of agricultural products, such
as crops, livestock, poultry, and dairy goods. It includes
structures necessary to the production and storage of
agricultural products and equipment.
24 . A "street line" is the limit of the right of way of a
street, road or highway. Where the word street appears this
also means highway or road.
25. A "flashing sign" is any illuminated sign on which the
artificial light is not maintained stationary and/or
constant in intensity and color at all times.
26. A "clinic" is a building or any part of a building which is
used for the group practice of medicine by several
physicians in which certain facilities other than reception
are shared by the occupants and in which patients are
diagnosed or treated by physicians specializing in various
ailments and practicing as a group.
27. A "parking space" is an area for the temporary parking of an
automobile 180 square feet in size exclusive of the parking
lot circulation areas.
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28. A "structure" is anything that is constructed or erected on
the ground or upon another structure or building.
"Structure" also includes anything that is constructed or
erected underground and projects up to the ground surface or
above, or anything that is constructed or erected wholly
underground other than utility lines, septic and water
systems, or other similar types of underground construction
wholly ancillary to a principal building or structure on the
premises. "Structure" also includes constructed parking
spaces. The term "structure" includes a building.
29 . "Alteration" is as applied to a building or structure, a
change or rearrangement in the structural parts or in the
exit facilities or an enlargement, whether by extending on a
side or by increasing in height; or moving from one location
or position to another; the term "alter" in its various
modes and tenses and its participial form, refers to the
making of an alteration.
35. A "dish antenna" is a large parabolic antenna used to
receive television, radio, microwave, or other electronic
signals from orbiting satellites. A dish antenna may also
be known as a satellite antenna or satellite earth station.
A dish antenna shall be considered a structure for purposes
of obtaining a Building Permit.
36. A "mobile home" is a transportable dwelling unit suitable
for year-round occupancy. A mobile home is designed and
built to be towed on its own chassis, comprised of frame and
wheels, and connected to either public or private utilities.
The unit may contain parts which may be folded, collapsed,
or telescoped when being towed and expanded later to provide
additional cubic capacity. A mobile home may also be
designed as two or more separately towable components
designed to be joined into one integral unit capable of
again being separated into the components for repeated
towing. This definition excludes travel or camping trailers
towed by an automobile and neither wider than 8 feet nor
longer than 32 feet. Self-propelled motor homes, or modular
housing which is not built with an integral chassis and
which must be transported on a separate vehicle from factory
to housing site are also excluded from this definition. A
mobile home shall be considered a one-family dwelling for
purposes of determining permitted occupancy.
37. A "mobile home lot" is a parcel of land used for the
placement of a single mobile home and the exclusive use of
its occupants. This lot may be located only in a mobile
home park as defined by this ordinance.
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38 . A "mobile home park" is a parcel of land owned by an
individual, partnership, or corporation which has been
planned and improved for the placement of mobile homes.
39. A "mobile home stand" is that part of an individual mobile
home lot which has been reserved and improved for the
placement of the mobile home, appurtenant structures and
additions.
40. A "day care home" is a facility, home, or other
establishment, other than a school, at which day care is
provided for hire for up to three children under the age of
sixteen years.
41. A "group day care facility" is a facility, home, or other
establishment licensed by the New York State Department of
Social Services or certified by the Tompkins County
Department of Social Services, other than a school, at which
day care is provided for hire for more than three, but no
more than eight, children under the age of sixteen years.
42 . A "group family day care home" shall have the definition set
forth in Section 390 of the Social Services Law of the State
of New York, Subdivision 13 (a) and shall be licensed by the
New York State Department of Social Services, or certified
by the Tompkins County Department of Social Services.
43 . A "day care center" is a facility, home, or other
establishment licensed by the New York State Department of
Social Services or certified by the Tompkins County
Department of Social Services, at which day care is provided
for hire, and which is not a school, day care home, group
day care facility, or group family day care home.
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ARTICLE II
ESTABLISHMENT OF DISTRICTS
SECTION 2. Districts. For the purpose of this ordinance the
Town of Ithaca is hereby divided into 15 types of districts as
follows:
Residence Districts R5
Residence Districts R9
Residence Districts R15
Residence Districts R30
Multiple Residence Districts
Agricultural Districts
Business Districts A
Business Districts B
Business Districts C
Business Districts D
Business Districts E
Light Industrial Districts
Industrial Districts
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use)
- In accordance with and pursuant to Local Law #2-1984
Special Land Use District #1
- In accordance with and pursuant to Local Law #3-1984
Special Land Use. District #2
In accordance with and pursuant to Local Law #4-1984
Special Land Use District #3 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #4-1986
Special Land Use District #4 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #1-1987
Special Land Use District #5 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #2-1988
Special Land Use District #6 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #2-1989
Said districts are set forth on the map accompanying this
ordinance, entitled Zone Map, dated July 1, 1954, as amended to
1968, and signed by the Town Clerk. Said map and all explanatory
matter thereon and amendments thereto are hereby made a part of
this ordinance. (The Zoning Map has been subsequently re-adopted
through April 11, 1988 and by separate Local Laws has been
further amended from time to time where areas may have been
rezoned]
SECTION 3. District Boundaries. Where uncertainty exists with
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respect to the exact boundaries of the various districts as shown
on the Zone Map, the following rules shall apply.
1. The district boundaries are lot lines unless otherwise
shown, and where the designation on the Zone Map indicates a
boundary approximately upon a lot line, such lot line shall
be construed to be the boundary.
2 . Distances shown on the Zone Map are perpendicular or radial
distances from street lines measured back to the zone
boundary line, which lines, in all cases where distances are
given, are parallel to the street line.
3 . Where the boundary of a district follows a stream, lake, or
other body of water, said boundary line shall be deemed to
be at the limit of the jurisdiction of the Town of Ithaca,
unless otherwise designated.
4. In other cases the boundary line shall be determined by use
of the scale on the Zone Map.
5. Any lands existing in the Town of Ithaca which are unzoned
at the time of the adoption of this amendment, and any lands
hereafter added to the Town of Ithaca by annexation or
otherwise, are hereby zoned Residence District R15. Any
such after-acquired lands shall be automatically zoned
Residence District R15 upon such acquisition, except that
such lands may be thereafter rezoned to any other zone,
notwithstanding the provisions of Section 31.
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ARTICLE II-A
RESIDENCE DISTRICTS R5
SECTION 3A. Location. With the approval of the Town Board, a
Residence District R5 may be established in any Residence
District R30 or Agricultural District of the Town.
SECTION 3B. Use Regulations. In Residence Districts R5 no
building shall be erected or extended and no land or building or
part thereof shall be used for other than a mobile home park.
SECTION 3C. Accessory Uses. The following accessory uses are
permitted in Residence District R5:
1. Automobile parking and garages, subject to the further
requirements of this Article.
2 . Structures and open land for recreation, intended for use by
the residents of the mobile home park.
3 . Such areas and structures as may be necessary for homemaking
-� activities, such as a common laundry or garden plots. The
use of any such area or structure may be limited to
residents of the mobile home park.
4 . Day care homes.
5. Group day care facilities and group family day care homes
upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
6. Day care centers upon special approval of the Board of
Zoning Appeals pursuant to Section 77, Subdivision 7 . The
application for such approval shall be referred to the
Planning Board and no final action shall be taken until the
Planning Board has approved the site plan for the center and
submitted its report or has failed to so act within 30 days
of receipt of all required information.
SECTION 3D. Area, Yard, Coverage and Height requirements shall
be as follows:
1. Area: A minimum tract of fifteen (15) acres is required for
the development of a Residence District R5.
2 . Lot Size: Each mobile home lot shall have a minimum gross
area of 5, 000 square feet. The arrangement of lots in the
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park shall facilitate the efficient development of land and
permit the convenient access of emergency vehicles.
3 . Stand Location: The location of the mobile home stand on
each lot shall be identified on the site plan.
SECTION 3E. Special Requirements shall be as follows:
1. Stands: The mobile home stand shall be provided with
anchors and other fixtures capable of securing and
stabilizing the mobile home. These anchors shall be placed
at least at each corner of the mobile home stand.
2 . Skirting: Each mobile home owner, within thirty (30) days
after the arrival of the mobile home in the park, shall be
required to enclose the bottom space between the edge of the
mobile home and the mobile home stand with a skirt of metal,
wood or other suitable material. This skirt shall be
properly ventilated and securely attached to the mobile
home.
3 . Parking: One garage or lot parking space shall be provided
for each mobile home, plus one additional lot space for each
3 mobile homes. No parking lot shall be located farther
than 100 feet from the dwelling unit it is intended to
serve. Each parking space shall have a minimum of 180
square feet.
4. Buffer Yards: A buffer yard at least 30 feet wide shall be
provided around the perimeter of the mobile home park. No
structures are permitted in the buffer yard and the Planning
Board may require that suitable landscaping be provided in
order to effectively screen the mobile home park from
adjacent properties. Parking spaces are not permitted in
the buffer yards.
5. Access Drives and Walkways: Access drives shall be paved
with blacktop, 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 the
density of population or school bus routes make it
necessary, sidewalks and bus shelters may be required.
6. Open Space and Recreation Areas: The applicant shall
provide recreation areas on the premises for children. The
Planning Board shall review and approve all such areas. Ten
percent (10%) of the gross lot area of the mobile home park,
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exclusive of the area reserved for buffer yards, shall be
permanently maintained as open space.
7. Storage Space: The developer shall provide storage space in
convenient locations for each mobile home lot. This storage
space shall be contained in an enclosed and secure
structure. Several storage structures may be located in a
common building. The minimum dimensions of storage space
per lot shall be eight feet high, eight feet deep, and four
feet wide.
8. Screening of Waste and Refuse: One or more common areas
shall be provided for the disposal of waste and refuse.
These areas shall contain secure garbage bins of a suitable
size. These areas shall be screened from public view by
shrubbery or a fence.
9 . Signs. A single sign for the mobile home park is permitted.
The size and other characteristics shall be regulated by the
Town of Ithaca Sign Law.
10. Operating Permits. An operating permit shall be required
for all mobile home parks. This permit shall be renewable
annually. The Building Inspector shall make periodic
inspections of the mobile home park to determine whether
such park is in compliance with the terms and conditions of
the permit, the Zoning Ordinance and the site plan approval.
The fee for the operating permit shall be in accordance with
the following schedule:
1 - 4 units $25. 00
5 - 9 units $50. 00
10 - 24 units $100. 00
25 - 49 units $200. 00
50 - 100 units $400. 00
over 100 units (No. of Units)X $5. 00
11. Building Permits. A building permit shall be required
pursuant to Section 75 for each mobile home and/or accessory
structure to be sited or constructed.
SECTION 3F. Site Plan Approvals. No building permit shall be
issued for a building within a Residence District R5 unless the
proposed structure is in accordance with a site plan approved
pursuant to the provisions of Article IX and approved by the
Tompkins County Health Department. No subdivision of a trailer
park site plan is permitted without approval of the Town Board,
following Planning Board review. No alteration, amendment or
change in a trailer park site plan is permitted without approval
of the Planning Board.
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ARTICLE III
RESIDENCE DISTRICTS R9
SECTION 4. Use Regulations. In Residence Districts R9 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. A one-family dwelling may be
occupied by not more than
(a) one family, or
(b) one family plus no more than one boarder, roomer,
lodger or other occupant.
2 . A two family dwelling, provided that the second dwelling
unit shall not exceed 50% of the floor area excluding the
basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the
basement area, it may exceed 50%.
2a. A two-family dwelling shall be occupied by not more
than two families and each dwelling unit in a two-
family dwelling shall be occupied by not more than one
family.
2b. One or two family dwellings may be occupied by more
than the occupants permitted by Section 2a by Special
Permit of the Board of Appeals upon application to such
Board.
3 . Church or other places of worship, convent and parish house
by special approval of the Board of Appeals in accordance
with Section 77, Number 7. The application shall then be
referred to the Planning Board and no building permit shall
be issued unless the proposed structure is in accordance
with a Site plan approved pursuant to the provisions of
Article IX.
4 . Public library, public museum, public, parochial or private
school, nursery school, day care center, fraternity or
sorority houses, and any institution of higher learning
including dormitory accommodations, upon special approval of
the Board of Zoning Appeals. The application for such
approval shall be referred to the Planning Board and no
final action shall be taken until the Planning Board has
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submitted its report or has failed to submit a report within
30 days.
5. Publicly owned park or playground including accessory
buildings and improvements by special approval of the Board
of Appeals in accordance with Section 77, Number 7. The
application shall then be referred to the Planning Board and
no building permit shall be issued unless the proposed
structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
6. Fire station or other public building necessary to the
protection of or the servicing of a neighborhood by special
approval of the Board of Appeals in accordance with Section
77, Number 7 . The application shall then be referred to the
Planning Board and no building permit shall be issued unless
the proposed structure is in accordance with a site plan
approved pursuant to the provisions of Article IX.
7. Golf course, except a driving range, or a miniature golf
course by special approval of the Board of Appeals in
accordance with Section 77, Number 7. The application shall
then be referred to the Planning Board and no building
permit shall be issued unless the proposed structure is in
accordance with a site plan approved pursuant to the
provisions of Article IX.
8 . Garden, nursery, or farm, . except a hog farm where the
principal food is garbage. Sale of farm and nursery
products shall be subject to the provisions of Section 4,
Subdivision 13 . Usual farm buildings are permitted,
provided that:
a. Any building in which farm animals are kept shall be at
least 100 feet from any lot line or street right of
way.
b. No manure shall be stored within 100 feet of any lot
line or street right of way.
9 . Any municipal or public utility p,?rpose necessary for 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 district in which
the substations or similar structures are constructed.
10. Rooming houses, tourist houses, but only on special approval.
of the Board of Appeals.
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11. Hospital, provided that no building so used shall be within
100 feet of any street or within 150 feet of the lot line of
any adjoining owner, and only upon special approval of the
Board of Zoning Appeals.
12 . Nursing or convalescent homes, or medical clinics but only
upon special approval of the Board of Appeals.
13 . Cemetery and the buildings and structures incident thereto, .
but only upon special approval of the Board of Appeals.
14 . A roadside stand or other structure for the display and sale
of farm or nursery products incidental to farming and as a
seasonal convenience to the owner or owners of the land.
Any such stand shall be located a minimum of 15 feet from
the street line, in such a manner as to permit safe access
and egress for automobiles, and parking off the highway
right of way.
15. Clubhouse or lodge, provided that no building soused shall
be within 100 feet of any street or within 150 feet of the
lot line of an adjoining owner and only upon the special
approval of the Board of Appeals.
16. Signs, as regulated by the Town of Ithaca Sign Law.
17 . In Residence Districts R9, no building shall be erected,
altered, or extended to exceed thirty-four feet in height
from the lowest interior grade or thirty feet in height from
the lowest exterior grade, whichever is lower. No structure
other than a building shall be erected, altered, or extended
to exceed thirty (30) feet in height.
18. Day care homes and group day care facilities.
19. Group family day care homes upon special approval by the
Board of Zoning Appeals pursuant to Section 77, Subdivision
7.
SECTION S. Accessory Uses.. Permitted accessory uses in
Residence Districts R9 shall include the following:
1. The office of a resident doctor, dentist, musician,
engineer, teacher, lawyer, artist, architect or member of
other recognized profession, or quasi-profession where such
office is a part of the residence building, provided that
not more than three (3) additional persons not residing on
the premises may be employed.
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2 . A customary home occupation, such as dressmaking, hair
dressing, laundering, home cooking; carpentry, electrical,
and plumbing work or similar manual or mechanical trade;
operated solely by a resident of the dwelling, provided that
no additional persons not residing on the premises may be
employed therein and that no goods or products are publicly
displayed or advertised for sale, that there be no outside
storage, and that no noise, dust, disorder, or objectionable
odor is experienced beyond the immediate property where such
use is conducted. The above mechanical trades to be
conducted in the basement of the dwelling or in a garage
area not to exceed 200 square feet.
3 . Off-street garage or parking space for the occupants, users
and employees in connection with uses specified under
Section 4, but subject to provisions of Section 45 and
Section 69.
4 . A temporary building for commerce or industry, where such
building 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 approval of the Board
of Appeals.
5. Accessory buildings subject to provisions of Section 6.
6. 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 three dogs over 6 months old.
7 . Signs, as regulated by the Town of Ithaca Sign Law.
SECTION 6. Accessory Buildings. In Residence Districts R9
accessory buildings other than garages may not occupy any open
space other than a rear yard. Any accessory building may occupy
not more than 40 percent of any required rear yard and shall be
not less than three 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. An accessory building on a corner lot shall not be less
than 5 feet from the rear lot line. 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 two 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.
j
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SECTION 7. Yard Regulations. In Residence Districts R9, yards
of at least the following dimensions are required:
Front Yard - not less than average depth of the front yards of
buildings on lots immediately adjacent. However, the front yard
depth shall not be less than 25 feet nor need it be greater than
50 feet from the street line except where otherwise specified.
Rear Yard - not less than 30 feet in depth.
Side Yards - each not less than ten 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 7 feet from a
side line which is not a street line.
Notwithstanding the foregoing, if a rectangle 75 feet in width
and 120 feet in depth cannot be contained within the boundaries
of a lot, the minimum rear yard shall be increased to 50 feet in
depth and the minimum side yards shall be increased on each side
by 10 feet.
Special yard requirements for specific uses as established by
Section 4 are required.
SECTION 8. Building Coverage. No buildings or building on a
lot, including accessory buildings, shall be erected-, altered, or
extended to cover more than 25 per cent of the lot area.
Projections described in Section 66 are not to be included in
computing the percentage.
SECTION 9. Size and Area of Lot. Lot sizes and areas in
Residence Districts R9 shall meet the following minimum
requirements:
1. Minimum lot area shall be at least 9, 000 square feet;
and
2. Minimum width at the street line shall be 60 feet; and
3 . Minimum width at the maximum required front yard
setback line (50 feet from the street line) shall be 75
feet; and
4. Minimum depth shall be 120 feet.
SECTION 10. Special Properties. In the case of publicly owned
properties, properties of universities, colleges, cemeteries, or
other private institutions, located in Residence Districts R9,
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which comprise at least 6 acres in area and are traversed by
interior roads or driveways, the front and side yard requirements
of Section 7 shall apply only along the exterior public street
frontages and there shall be no rear yard requirements.
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ARTICLE IV
RESIDENCE DISTRICTS R15
SECTION 11. Use Regulations. In Residence Districts R15 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. A one-family dwelling may be
occupied by not more than
(a) One family, or
(b) One family plus no more than one boarder, roomer,
lodger or other occupant.
2 . A two family dwelling, provided that the second dwelling
unit shall not exceed 50% of the floor area excluding the
basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the
basement area, it may exceed 50%.
2a. A two-family dwelling shall be occupied by not more
than two families and each dwelling unit in a two-
family dwelling shall be occupied by not more than one
family.
3 . Church or other places of worship, convent and parish house
by special approval of the Board of Appeals in accordance
with Section 77, Number 7. The application shall then be
referred to the Planning Board and no building permit shall
be issued unless the proposed structure is in accordance
with a site plan approved pursuant to the provisions of
Article IX.
4. Public library, public museum, public, parochial and private
schools, day care center, nursery school, and any
institution of higher learning including dormitory
accommodations upon special approval of the Board of
Appeals. The application for such approval shall be
referred to the Planning Board and no final action shall be
taken until the Planning Board has submitted its report or
has failed to submit a report within 30 days.
5. Publicly owned park or playground including accessory
buildings and improvements by special approval of the Board
of Appeals in accordance with Section 77, Number 7. The
application shall then be referred to the Planning Board and
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no building permit shall be issued unless the proposed
structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
6. Fire station or other public building necessary to the
protection of or the servicing of a neighborhood by special
approval of the Board of Appeals in accordance with Section
77, Number 7. The application shall then be referred to the
Planning Board and no building permit shall be issued unless
the proposed structure is in accordance with a site plan
approved pursuant to the provisions of Article IX.
7. Golf course, except a driving range, or miniature golf
course by special approval of the Board of Appeals in
accordance with Section 77, Number 7. The application shall
then be referred to the Planning Board and no building
permit shall be issued unless the proposed structure is in
accordance with a site plan approved pursuant to the
provisions of Article IX.
8 . 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 district in which
the substations or similar structures are constructed.
9 . Signs, as regulated by the Town of Ithaca Sign Law.
10. In Residence Districts R15, no building shall be erected,
altered, or extended to exceed thirty-four feet in height
from the lowest interior grade or thirty feet in height from
the lowest exterior grade, whichever is lower. No structure
other than a building shall be erected, altered, or extended
to exceed thirty (30) feet in height.
11. Day care homes and group day care facilities.
12 . Group family day care homes upon special approval by the
Board of Zoning Appeals pursuant to Section 77, Subdivision
7.
SECTION 12. Accessory Uses. Permitted accessory uses in
Residence Districts R15 shall include the following:
1. Office of a resident doctor, dentist, musician, engineer,
teacher, lawyer, artist, architect or member of other
recognized profession where such office is part of the
residence building provided that not more than two (2)
additional persons not residing on the premises may be
employed.
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2 . Off-street garage or parking space for the occupants, users
and employees in connection with uses specified under
Section 11, but subject to provisions of Section 69.
3 . A temporary building for commerce or industry where such
building 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 approval of the Board
of Appeals.
4 . Accessory building subject to provisions of Section 13 .
5. A customary home occupation, such as dressmaking, hair
dressing, laundering, home cooking; carpentry, electrical,
and plumbing work or similar manual or mechanical trade;
operated solely by a resident of the dwelling, . provided that
no additional persons not residing on the premises may be
employed therein and that no goods or products are publicly
displayed or advertised for sale, that there be no outside
storage, and that no noise, dust, disorder, or objectionable
odor is experienced beyond the immediate property where such
use is conducted. The above mechanical trades to be
conducted in the basement of the dwelling or in a garage
area not to exceed 200 square feet.
6. The keeping of household pets and family gardens.
7 . The keeping of one horse if 2 acres of land are provided and
one additional horse for each additional acre, but not more
than a total of three horses.
8 . Signs, as regulated by the Town of Ithaca Sign Law.
SECTION 13. Accessory Buildings. In Residence Districts R15
accessory buildings other than garage may not occupy any open
space other than a rear yard. Any accessory building may occupy
not more than 40 percent of any required rear yard and shall be
not less than 3 feet from any side or rear lot line, except that
a private garage may be built across a common lot line with a
party :•:all by mutual agreement between adjoining property owners.
An accessory building on a corner lot shall not be less than 5
feet from the rear lot line. Accessory buildings in no case
shall 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.
r'
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SECTION 14. Yard Regulations. In Residence Districts R15 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 25 feet or need it be greater
than 50 feet except as otherwise specified.
Rear Yard - not less than 30 feet in depth.
Side Yards - each not 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.
Notwithstanding the foregoing, if a rectangle 100 feet in width
and 150 feet in depth cannot be contained within the boundaries
of a lot, the minimum rear yard shall be increased to 50 feet in
depth and the minimum side yards shall be increased on each side
by 10 feet.
Special yard requirements for specific uses as established by
Section 11 are required.
SECTION 15. Building Coverage. No building or buildings on a
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 66 are not to be included in
computing the percentage.
SECTION 16. Size of Lot. Lots in Residence Districts R15 shall
meet the following minimum requirements:
1. Minimum lot area shall be at least 15, 000 square feet;
and
2 . Minimum width at the street line shall be 60 feet; and
3 . Minimum width at the maximum front yard setback line
`50- feet from the street line) shall be 100 feet; and
4 . Minimum depth shall be 150 feet.
SECTION 17. Special Properties. In the case of publicly owned
properties, properties of universities, colleges, cemeteries, . or
other private institutions, located in Residence Districts R15,
which comprise at least 6 acres in area and are traversed by
interior roads or driveways, the front and side yard requirements
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of Section 14 shall apply only along the exterior public street
frontages and there shall be no rear yard requirements.
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ARTICLE V
RESIDENCE DISTRICTS R30
SECTION 18. Use Regulations. In Residence Districts R30 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. A one-family dwelling may be
occupied by not more than
(a) One family, or
(b) One family plus no more than one boarder, roomer,
lodger, or other occupant.
2 . A two family - dwelling, provided that the second dwelling
unit shall not exceed 50% of the floor area, excluding the
basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the
basement area, it may exceed 50%.
2a. A two-family dwelling shall be occupied by not more
than two families and each dwelling unit in a two-
family dwelling shall be occupied by not more than one
family.
3 . Church or other places of worship, convent and parish house
by special approval of the Board of Appeals in accordance
with Section 77, Number 7. The application shall then be
referred to the Planning Board and no building permit shall
be issued unless the proposed structure is in accordance
with a site plan approved pursuant to the provisions of
Article IX.
4 . Public library, public museum, public, parochial and private
schools, day care center, nursery school, and any
institution of higher learning including dormitory
accommodations, upon special approval of the Board of
Appeals. The application for such approval shall be
referred to the Planning Board and no final action shall be
taken until the Planning Board has submitted its report or
has failed to submit a report within 30 days.
5. Publicly owned park or playground including accessory
buildings and improvements by special approval of the Board
of Appeals in accordance with Section 77, Number 7. The
application shall then be referred to the Planning Board and
J
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no building permit shall be issued unless the proposed
structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
6. Fire station or other public building necessary to the
protection of or the servicing of a neighborhood by special
approval of the Board of Appeals in accordance with Section
77, Number 7. The application shall then be referred to the
Planning Board and no building permit shall be issued unless
the proposed structure is in accordance with a site plan
approved pursuant to the provisions of Article IX.
7. Golf course, except a driving range, or a miniature golf
course by special approval of the Board of Appeals in
accordance with Section 77, Number 7. The application shall
then be referred to the Planning Board and no building
permit shall be issued unless the proposed structure is in
accordance with a site plan approved pursuant to the
provisions of Article IX.
8. Garden, nursery, or farm, except a hog farm where the
principal food is garbage. Sale of farm and nursery
products shall be subject to the provisions of Section 18,
Subdivision 13 . Usual farm buildings are permitted,
provided that:
a. Any building in which farm animals are kept shall be at
least 100 feet from any lot line or street right of
way.
b. No manure shall be stored within 100 feet of any lot
line or street right of way.
9 . Any municipal or public utility purpose necessary 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 district in which
the substations or similar structures are constructed.
10. Hospital, provided that no building so used shall be within
100 feet from any nl
street or within. 160 feet of the lot line
of any adjoining owner and oy upon special approval of the
Board of Appeals.
11. Nursing or convalescent homes, or medical clinics, but only
upon special approval of the Board of Appeals.
12 . Cemetery and the buildings and structures incident thereto,
but only upon special approval of the Board of Appeals.
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13 . A roadside stand or other structure for the display and sale
of farm or nursery products incidental to farming and as a
seasonal convenience to the owner or owners of the land.
Any such stand shall be located a minimum of 15 feet from
the street line, in such a manner as to permit safe access
and. egress for automobiles, and parking off the highway
right of way.
14. Clubhouse or lodge, provided that no building so used shall
be within 100 feet of any street or within 150 feet of the
lot line of an adjoining owner and only upon special
approval of the Board of Appeals.
15. Signs, as regulated by the Town of Ithaca Sign Law.
16. In Residence Districts R30, no building shall be erected,
altered or extended to exceed thirty-four feet in height
from the lowest interior grade or thirty feet in height from
the lowest exterior grade, whichever is lower. No structure
other than a building shall be erected, altered, or extended
to exceed thirty (30) feet in height.
17 . Day care homes and group day care facilities.
18. Group family day care homes upon special approval by the
Board of Zoning Appeals pursuant to Section 77, Subdivision
7 .
SECTION 19. Accessory Uses. Permitted accessory uses in
Residence Districts R30 shall include the following:
1. Office of a resident doctor, dentist, musician, engineer,
teacher, lawyer, artist, architect or member of other
recognized profession and quasi-profession where such office
is a part of the residence building provided that not more
than 3 additional persons not residing on the premises may
be employed.
2 . A customary home occupation, such as dressmaking, hair
dressing, laundering, home cooking; carpentry, electrical,
and plumbing work or similar manual or mechanical trade.-
operated solely by a resident of the dwelling, provided that
no additional person not residing on the premises may be
employed therein and that no goods or products are publicly
displayed or advertised for sale, that there be no outside
storage, and that no noise, dust, disorder, or objectionable
odor is experienced beyond the immediate property where such
use is conducted. The above mechanical trades to be
conducted in the basement of the dwelling or in a garage
area not to exceed 200 square feet.
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3 . Off-street garage or parking space for the occupants, users
and employees in connection with uses specified under
Section 18, but subject to provisions of Section 45 and
Section 69.
4. A temporary building for commerce or industry, where such
building is necessary or incidental to the development of a
residential area. Such buildings may not be continued for
more than one year except upon special approval of the Board
of Appeals.
5. Accessory buildings subject to provisions of Section 20.
6. 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.
7. Signs, as regulated by the Town of Ithaca Sign Law.
l SECTION 20. Accessory Buildings. In Residence Districts R30
accessory buildings other than garages may not occupy any open
space other than a rear yard. Any accessory building may occupy
not more than 30 per cent of any required rear yard and shall be
not less than 3 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.
Any accessory building on a corner lot shall not be less than 5
feet from the rear lot line. 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 21. Yard Regulations. In Residence Districts R30 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.
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Side Yards - each not less than 40 feet in width, except that in
one of the side yards a one-story garage, either attached to the
principal building or separate therefrom, maybe 15 feet from a
side line which is not a street line.
Notwithstanding the foregoing, if a rectangle 150 feet in width
and 200 feet in depth cannot be contained within the boundaries
of a lot, the minimum rear yard shall be increased to 75 feet in
depth and the minimum side yards shall be increased on each side
by 10 feet.
Special yard requirements for specific uses as established by
Section 18 are required.
SECTION 22. 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 66 are not to be included in
computing the percentage.
SECTION 23. Size of lot. Lots in Residence Districts R-30 shall
meet the following minimum requirements:
1. Minimum lot area shall be at least 30, 000 square feet;
and
2 . Minimum width at the street line shall be 100 feet; and
3 . Minimum width at the maximum required front yard setback
,line (60 feet from the street line) shall be 150 feet; and
4. Minimum depth from the highway right of way shall be 200
feet.
SECTION 24. Special Properties. In the case of publicly owned
properties, properties of universities, colleges, cemeteries, or
other private institutions, located in Residence Districts R30,
which comprise at least 6 acres in area and are traversed by
interior roads or driveways, the front and side yard requirements
of Section 21 shall apply onl y along the exterior pu�.'i1 is street
frontages and there shall be no rear yard requirements.
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ARTICLE VI
MULTIPLE RESIDENCE DISTRICTS
SECTION 25. Location. With the approval of the Town Board, a
Multiple Residence District may be established in any Residence
or Agricultural District of the Town.
SECTION 26. 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 and multiple family dwellings, grouped so
as to provide living quarters for a minimum of 3 families.
Each dwelling unit in an multiple residence shall be occupied by
no more than
(a) One family, or
(b) One family plus no more than two boarders, roomers,
lodgers or other occupants.
SECTION 27 . Accessory Uses. Permitted Accessory Uses in
Multiple Residence Districts shall include the following:
1. Automobile parking and garages, subject to the further
requirements of this section.
2 . Structures or use of open land for recreation, intended for
residents of the Multiple Residence Districts.
3 . Such uses as may be 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.
4 . Day care home or group day care facility. y,
5. Group fami l y Clay care 'home 11p^n the special approval of the
a9rV 1 111 — --- 11 -11 a1 V 1 ♦.r lar special i V art
Board of Zoning Appeals in the same manner as if said
building was located in a Residence District R30.
6. Day care center upon special approval of the Board of Zoning
Appeals pursuant to Section 77, Subdivision 7. The
application for such approval shall be referred to the
Planning Board and no final action shall be taken until the
Planning Board has approved the site plan for the Center and
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submitted its report or has failed to so act within 30 days
of receipt of all required information.
SECTION 28. 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 2,500 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, or fifteen feet, whichever is
greater.
Rear Yards - not less than twice the height of the nearest
structure or thirty feet, whichever is
greater.
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 one and one-half the width.
3 . Spaces Between Buildings: The distance between any two
structures shall be no less than the height of the two
buildings when averaged together, or twenty feet, whichever
is greater.
4 . Building Coverage: No building, including accessory
buildings, shall be erected or altered to cover more than 30
percent of the lot area.
5. Height: All structures shall conform in height with other
structures in the vicinity, provided however, that no
building shall exceed thirty-four feet in height from lowest
interior grade ncr thirty feet in height from lo��eSt
exterior grade and further provided that no structure other
than a building shall exceed thirty (30) feet in height.
SECTION 29. 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 3 dwelling units. No parking shall be located farther
than 200 feet from the dwelling unit it is intended to
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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
material, 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.
5. Buffer Areas. No structure shall be, placed nearer than 30
feet from any other district including any other residence
district, agricultural district, industrial district, or
business district. A strip at least 10 feet wide, within
such buffer area, shall be suitably planted to screen a
multiple residence district from present or future
residences, or a suitable screening fence shall be erected.
6. Landscaping, Fencing and Screening. In addition to the
landscaping, screening, fencing and buffer requirements set
forth above, additional landscaping, fencing, screening, or
earth berm may be required to be provided in any area where
the proposed multiple residence development or accessory
facilities would create a hazardous condition or would
detract from the value of the neighboring property if such
landscaping, fencing, screening or berm were not provided.
7. Signs, as regulated by the Town of Ithaca Sign Law.
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SECTION 30. 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 Article IX.
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l ARTICLE VII
BUSINESS DISTRICTS
SECTION 31. Location of Districts. With the approval of the
Town Board, Business Districts "A", "Bill "C", "D" , and "Eli may be
established in any district in the Town, except that Business
Districts licit and "D" shall not be permitted in a Residence
District R15.
SECTION 32. Business Districts "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 . Smoke Shop
9 . Utilities
SECTION 33. Business Districts "Bit. Permitted uses in a
Business District "Bit shall be the following:
1. Any of the uses permitted in Business District "A"
2 . Barber
3 . Dry cleaning pick-up station
4 . Florist
5. Beauty Parlor
6. Hand or coin operated laundry
7 . Nursery
8 . Milliner
9. Greenhouse
10. Retail. stores, except automobile sales agencies
11. Shoeshiner, shoemaker and repairer
12 . Tailor
13 . Telegraph and telephone office
14 . Any municipal or public utility purpose necessary to the
maintenance of utility services
15. Fire station or other public building necessary to the
protection of or servicing of a neighborhood
16. Public library
,9
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SECTION 34. Business Districts "C" . Permitted uses in a
Business District "C" shall be the following:
1. Any of the uses permitted in Business Districts "A" and "B"
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
4 . Building supply
5. Dry cleaner
6. Dyer
7 . Electrical shop
8. Glass shop
9. Heating shop
10. Monument works
11. Plumbing shop
12 . Printer
13 . 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 district
14. Hotel or motel
-- 15. 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 on the approval of
the Board of Appeals
16. Boat harbor and marina
17 . Appliance sale and service
18 . Ambulance Service
19 . Arts and craft studio
20. Bicycle sale and repair
21. Caterer
22 . Confectioner
23 . Decorator
24. Dressmaker
25. Furrier
26. Optician
27. Photographer
28. Refrigeration sale and repair
29. Undertaker
30. Upholsterer
SECTION 35. Business Districts "D" . Permitted uses in a
Business District "D" shall be the following:
1. Gasoline sales station or garage for repairs, provided that
all servicing of vehicles shall take place on private
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property, and that no repair work, except short-term
emergency repairs, be carried on out-of-doors. Such uses
are subject further to Section 71 and Section 54.
SECTION 35A. Business District "E". Permitted uses in Business
District "E" shall be the following:
1. 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 district.
2 . Hotel or motel
3 . Club House or Lodge, provided that no buildings so used
shall be within 100 feet of any street, or within 150 feet
of the lot line of an adjoining owner and only on the
approval of the Board of Appeals.
4. Boat Harbor and Marina.
SECTION 36. Permitted Accessory Uses. Permitted Accessory Uses
in Business Districts "A" IIBIIJI "C"11 "D" and "E" 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, as regulated by the Town of Ithaca Sign Law.
4 . The dwelling of a guard, caretaker or custodian but not more
than one dwelling unit per building.
5. Day care centers upon special approval of the Board of
Zoning Appeals pursuant to Section 77, subdivision 7 . The
application for such approval shall be referred to the
Planning Board and no final action shall be taken until the
Planning Board has approved the site plan for the center and
submitted its report or has failed to so act within 30 days
of receipt of all required information.
SECTION 37. Area, Yard, and Height Requirements shall be the
following:
1. Area: a minimum tract of 2 acres is required for the
development of a Business District.
2 . 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.
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3 . Height: All structures shall conform in height with other
structures in the vicinity, provided, however, that no
building shall exceed thirty-four feet in height from lowest
interior grade nor thirty feet in height from lowest
exterior grade and further provided that no structure other
than a building shall exceed thirty (30) feet in height.
SECTION 38. 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 accordance with the
following schedule:
Office or bank buildings: one space for each 200 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 200 square feet 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.
Apartment: one parking space for each dwelling unit.
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 shall 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, size and arrangement of access to
public streets shall be subject to the approval of the
appropriate highway authority. Where density of population
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or school bus routes make it desireable, sidewalks shall be
installed with the approval of the appropriate highway
authority.
4. Signs, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed
nearer than 50 feet from any residence district and 30 feet
from any other district. A strip at least 10 feet wide
within such buffer area shall be suitably planted to screen
a Business District from present or future residences, or a
suitable screening fence shall be erected. No waste or
refuse shall be placed outside any building in a Business
District except under the following conditions:
An area common to all businesses, or a separate area
for each business shall be reserved at the rear of the
structure or structures. These areas 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. Such
area and receptacles shall not be located in the buffer
area set forth above. No refuse shall be burned on the
premises.
6. In addition to the landscaping, screening, fencing and
buffer requirements set forth above, additional landscaping,
fencing, screening, or earth berm may be required to 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 landscaping, fencing,
screening, or berm were not provided.
7. In the event that any of the uses permitted in Business
Districts licit 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
Experienced beyond the lot iiiiES of Sala businesses.
8 . Displays: in Business Districts "A" , "Bit , licit, and "Eli no
outside displays shall be permitted
SECTION 39. 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 IX.
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ARTICLE VIII
LIGHT INDUSTRIAL DISTRICTS
SECTION 40. Location. With the approval of the Town Board, a
Light Industrial District may be established in any district of
the Town except a Residence District R15.
SECTION 41. Permitted Principal Uses. The principal uses
permitted in a Light Industrial District shall be: industrial
uses employing electric power or other motor power, or utilizing
hand labor for fabrication or assembly.
SECTION 42. Performance Standards. Any use shall be so operated
as to comply with the performance standards governing noise,
smoke emissions, and odor hereinafter 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 designed octave
bands shown below for the districts indicated.
Along Residence,
Multiple Residence Along Business
Octave Band District Boundaries- District Boundaries
Cycles Per Maximum Permitted Sound Maximum Permitted Sound
Second Level in Decibels Level in Decibels
1 to 75 72 79
75 to 150 67 74
150 to 300 59 66
300 to 600 52 59
600 to 1200 46 53
1200 to 2400 40 47
2400 to 4800 34 41
above 4800 32 39
Sound levels shall be measured with a sound level meter and
associated 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
Ringlemann Chart is prohibited. The Ringlemann Chart as
published and used by the Bureau of Mines, U.S. Department
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of Interior, is hereby adopted and made a 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 43. Accessory Uses. Accessory uses permitted in a Light
Industrial District 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, as regulated by the Town of Ithaca Sign Law.
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.
5. Day care centers upon special approval of the Board of
Zoning Appeals pursuant to Section 77, subdivision 7. The
application for such approval shall be referred to the
Planning Board and no final action shall be taken until the
Planning Board has approved the site plan for the center and
submitted its report or has failed to so act within 30 days
of receipt of all required information.
SECTION 44. Area, Yard, Coverage and Height Requirements shall
be as follows:
1. Area: a minimum tract of 10 acres is required for the
development of a Light Industrial District.
2 . 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 that: 50 feet.
3 . Coverage: no principal building shall be erected or altered
to cover more than 30 per cent of the lot area.
4. Height: No structure other than a building shall exceed
twenty-five (25) feet in height, and no building shall
exceed twenty-nine (29) feet in height from the lowest
interior grade nor twenty-five (25) feet in height from
lowest exterior grade, whichever is lower.
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SECTION 45. 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 and 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, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed
nearer than 50 feet from any residence district or nearer
than 30 feet from any other district. A strip at least 10
feet wide within such buffer area shall be planted or
suitably fenced so as to screen the light industrial
district from present or future residences.
6. In addition to the landscaping, screening, fencing and
buffer requirements set forth above, additional landscaping,
fencing, screening, or earth berm may be required to be
provided in any area where the proposed structure or use
would create a hazardous condition or would detract from the
value of the neighboring property if such landscaping,
fencing, screening, or berm were not provided.
SECTION 45-a. Site Plan Approvals. No building permit shall be
issued for a building within a Light Industrial District unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
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ARTICLE I%
SITE PLAN APPROVAL
SECTION 46. Procedure. Before an application is submitted to
the Town Board for establishment of a Multiple Residence,
Business "A", "B", "C", "D", and "E" and any other Special Land
Use Districts, the establishment of which may hereinafter be
permitted under this Ordinance, all hereinafter referred to as
"Districts", the applicant shall proceed as follows:
1. 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 location of existing or proposed
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.
2 . 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 community. The
Planning Board shall then adopt a resolution recommending
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 Planning Board,
and such hearing shall be advertised in a newspaper of
general circulation in the Town of Ithaca at least 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 SuC ti iieariitg, it
shall define the boundaries thereof, approve the general
site plan and impose any modifications and additional
requirements as it may determine. Before finally
establishing any such District, the Town Board may refer the
application to the Town Planning Board or the Board of
Zoning Appeals for such further consideration as the Town
Board may require. No building permit shall, in any case,
be issued on the basis of a general site plan.
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3 . Whenever a District is created pursuant to the provisions of
this Article, the owner shall be bound by the site plan as
approved and adopted by the Town Board.
SECTION 46-a. Site Plan Requirements.
1. After a Multiple Residence, Business, Light Industrial or
Industrial District, or any other Special Land Use District,
has been established by the Town Board and whenever a
specified development or changes in the general plan are
proposed, 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, proposed signs and
lighting, proposed landscaping and any other features deemed
reasonably necessary by the Planning Board for adequate
study of the proposed plan.
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 requirements
as they may deem appropriate, subject to a public hearing
thereon as provided by Section 281 of the Town Law.
3 . 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.
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ARTICLE %
INDUSTRIAL PRODUCTS
SECTION 47. Use Regulations. In Industrial Districts buildings
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 be noxious or injurious by reason
of the emission of dust, smoke, refuse matter, water carried
waste, odor, gas, fumes, noise, vibration, or similar substances
or conditions may be permitted only upon special approval of the
Board of Appeals. Such industries as the following shall require
such approval:
1. The manufacture or refining of acid, alcohol, ammonia,
asphalt, tar and waterproofing materials, bleach, 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, tile and terra cotta,
cement, lime, gypsum and plaster; emery cloth and sandpaper;
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.
SECTION 48. 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 42. No use
already established on the effective date of this ordinance shall
be so altered or modified as to conflict with the performance
standards governing noise established herein.
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SECTION 49. Yard Regulations. In Industrial Districts no yards
are required except as provided in Sections 61 and 63 .
SECTION 50. 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 and 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, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed
nearer than 50 feet from any residence district or nearer
than 30 feet from any other district. A strip at least 10
feet wide within such buffer area shall be planted or
suitably fenced so as to screen the Industrial District from
present or future residences.
6. In addition to the landscaping, screening, fencing and
buffer requirements set forth above, additional landscaping,
fencing, screening, or earth berm may be required to 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 landscaping, fencing,
screening, or berm were not provided.
7. Height: No building shall exceed thirty-four (34) feet in
height from lowest interior grade nor thirty (30) feet in
height from lowest exterior grade, and no other structure
shall exceed thirty (30) feet in height, except by Special
J
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Approval from the Board of Zoning Appeals after the matter
has been referred to the Planning Board for recommendation.
SECTION 50-a. Site Plan Approvals. No building permit shall be
issued for a building within an Industrial District unless the
proposed structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
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ARTICLE BI
AGRICULTURAL DISTRICTS
SECTION 51. Use Regulations. In Agricultural Districts
buildings and land may be used only for any lawful farm purpose,
for a riding academy or for any use permitted in a Residence
District R30. Other provisions of this ordinance
notwithstanding, the following uses or activities shall not be
permitted nearer to any Residence District than the following
specified distances:
1. Establishment for the raising of fur-bearing animals - 1, 000
feet.
2 . Animal hospital, kennel, or place for the boarding of
animals - 1, 000 feet.
3 . In agricultural districts, no non-agricultural building
shall exceed thirty-four (34) feet in height from lowest
interior grade nor thirty (30) feet in height from lowest
exterior grade and no other non-agricultural structure shall
ll be erected or extended to exceed thirty (30) feet in height.
I SECTION 51A. Radio Transmission Towers.
In addition to the uses provided in Section 51, Radio
Transmission Towers may be constructed and maintained in
Agricultural Districts subject to the provisions of this section.
1. A Radio Transmission Tower, as used in this section, shall
be a radio tower transmitting radio broadcasting signals,
operated by a commercially operated radio broadcasting
station, and licensed by the Federal Communications
Commission.
2 . No building permit shall be issued for the construction,
operation and maintenance of such a tower except by special
permission of the Board of Appeals after receiving an
advisory opinion or recommendation from the Town Planning
Board, in accordance with the following procedures.
3 . FILING APPLICATION AND PLANNING BOARD PROCEDURE.
a. The applicant will submit a written application for
such a permit with the Building Inspector (or such
other person as may be designated by the Town Board) .
The applicant will submit such information and
documents as the Building Inspector (or any other
officer or Town agency having jurisdiction) may
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require. Included in these documents must be a
development plan and copies of all documents submitted
by the applicant to the Federal Communications
Commission or any other governmental agency having
jurisdiction. The Building Inspector will not be
required to proceed under this law, until an
application is complete.
b. As soon after the applicant has filed all documents and
supplied all the information required by such Officer,
but not later than 30 days from the date a completed
application is filed, the Officer shall file such
application and all other documents with the Clerk of
the Planning Board, who shall place the application on
the agenda for the next meeting of the Planning Board.
The application shall be reviewed at such meeting and
the Chairman shall set a date for a public hearing,
notice of which shall be (i) posted and (ii) published
at least two times in the official newspaper, the first
publication of which shall be at least 10 days prior to
the date set for the hearing and (iii) mailed to owners
of property lying within 1, 000 feet of the proposed
site and to such other owners of property in the
- vicinity of the proposed site as the Chairman of the
Board shall determine. It shall be sufficient if the
determination of the ownership is based on the current
assessment roll and assessment map, but the failure to
notify all such owners shall not render defective any
action of the Planning Board or the Board of Appeals.
The date of such public hearing shall be within 40 days
from the date on which the completed application was
filed with the Clerk of the Planning Board.
1. The Planning Board may at any stage of the
proceedings require additional information,
documents or testimony, and may adjourn final
consideration of its recommendation for a
reasonable period for the foregoing purpose and
for further study and review, but no more than 60
days after the first date set for the hearing.
C. Upon the completion of the hearing, and any adjournment
thereof, the Planning Board shall adopt, by resolution,
a written recommendation in the nature of an advisory
opinion. Such report may (i) recommend acceptance, or
rejection of the application in full or in part or (ii)
acceptance with conditions or (iii) include such other
recommendations or opinions as the Planning Board shall
determine.
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1. The report shall also be filed with the Clerk of
the Board of Appeals who shall deliver promptly a
copy to each member of such Board.
4 . BOARD OF APPEALS PROCEDURE.
a. The Clerk of the Board of Appeals shall (i) place the
application on the agenda for the next meeting of the
Board, and (ii) shall cause a notice to be published in
the official newspaper, at least once giving notice of
a public hearing which shall be held on such day and at
such time as the Chairman of the Board shall direct.
Written notice of such hearing shall also be mailed in
accordance with the provisions of Section 3, above
(Planning Board Procedures) . Such notice shall be
published and posted at least 10 days prior to the
hearing and such hearing shall be held not later than
40 days following the filing of the Planning Board's
report with the Clerk of the Board of Appeals.
b. The hearing before the Board shall be conducted in
accordance with lawful procedures, as any appeal
proceeding before the Board. The hearing may be
adjourned and the Board may request further information
and recommendation from the Planning Board, or may send
the application back to the Planning Board for further
review.
C. After the completion of all testimony given at the
public hearing and the submission of all pertinent
matters arising out of the application, the Board shall
make its determination by a resolution adopted by a
majority vote. Such determination shall be made and
filed within 60 days of the date on which the first
public hearing was held. The applicant shall be
notified of the Board's decision and copies shall be
filed with the Town Clerk, the Zoning Officer and the
Clerk of the Planning Board.
5. The Planning Board, in making any report, and the Board of
Appeals before rendering its decision, shall consider the
following standards and matters:
(1) The need in the community for the proposed use.
(2) The appropriateness of the proposed site including such
matters, among others, as the following:
a. The availability of alternative sites.
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b. The physical features and the general character,
present use, and probable future use of the land
in the neighborhood.
C. Is the density of the land in the vicinity such as
to warrant the proposed use?
d. Is the site reasonably adapted for the proposed
use?
e. The distance from existing and proposed public
rights of way and from existing residential
development; nature of access to and from the
site.
f. The adaptability of the site for the proposed use;
topography, natural buffers, screening and
fencing.
g. The size of the site chosen for the proposed use.
The radio transmission tower must be located on an
unoccupied parcel having an area of sufficient
size that no part of the . tower will fall on
neighboring property should the structure collapse
-- and the size shall provide a buffer to other
properties in the neighborhood. The size shall be
at least SIX ACRES.
h. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturbance
as a result of the project's operation?
(3) The effect of the proposed use on the other properties
in the neighborhood and the enjoyment by the
inhabitants of their properties and whether it will
materially affect the value of such properties and the
use and enjoyment of such properties by the occupants
and any other effect of such use on the health, welfare
and safety of the occupants of such properties.
6. No building permit shall be issued until final approval has
been granted to the applicant by any County, State and
Federal Agency having jurisdiction in the matter and any and
all other permits which may be required have been issued to
the applicant.
7. The applicable procedures of the State and Local SEQR Laws
shall be complied with.
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8. MISCELLANEOUS.
a. The applicant will furnish a typewritten list of all
owners of property in the area to whom notice must be
mailed including their address and tax parcel number.
b. Because of the special nature of the proposed use, the
applicant shall pay the cost of publishing the
requested notices in the newspaper and the cost of
mailing notices to the owners of other properties as
required by this law, in addition to the fees
prescribed for issuance of building permits.
C. All provisions of the Town's Zoning Ordinance and other
applicable laws not inconsistent with this law shall
govern all proceedings.
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ARTICLE XII
NON-CONFORMING USES
SECTION 52. Continuation of Existing Lawful Uses. Except as
provided in Sections 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 53. Abandonment of Use. When a non-conforming use has
been abandoned for a period of at least one year, it shall not
thereafter be re-established 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 government restrictions, may be resumed
within a period of one year from the time that such emergency
terminates or such restrictions are removed.
SECTION 54. Alterations. No non-conforming building or use
shall be extended except as authorized by the Board of Appeals.
SECTION 55. Changes. A non-conforming use may be changed to
another non-conforming use of the same or more restrictive
classification and when so changed to a more restrictive use, it
shall not again be changed to a less restrictive use. The order
of the classification of restrictiveness from the most
restrictive to the least restrictive shall be as follows:
Areas of Special Flood Hazard
Residence District R15
Residence District R30
Residence District R9
Multiple Residence District
Agricultural District
Business District "A"
Business District "B"
Business District "C"
Business District "D"
Business District "E"
Light Industrial District
Industrial District
SECTION 56. Restoration. Nothing herein shall prevent the
continued use and substantial restoration of a building damaged
by fire, flood, earthquake, act of God, act of the public enemy
or catastrophe beyond the control of the Owner provided such
restoration is completed within one year of the loss of the
building and provided that the use of the building in the manner
in which it was used prior to the loss is recommenced within one
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year. The time limit may be extended by the Board of Appeals in
cases of practical difficulty or unnecessary hardship.
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ARTICLE XIII
GENERAL PROVISIONS
SECTION 57. Existing Lots. Other provisions of this ordinance
notwithstanding, nothing shall prohibit the use for a single
family dwelling of a lot of deed record at the time of the
passage of this ordinance, 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 58. 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.
SECTION 59. Trailers. Trailer camps or parks and trailers or
mobile homes for occupancy shall be prohibited in all districts
except Residence District R5 and except as follows:
a. One mobile home may be placed on a vacant lot in a residence
or agricultural district for use as temporary housing during
the construction of a permanent dwelling on said lot for a
period not to exceed 18 months, unless such period be
extended by permission of the Town Board, provided that said
trailer shall be occupied by the owner of record of said
lot.
Said trailer must be removed upon the completion of
construction although the 18 month time limit may not have
fully expired.
b. Upon special approval of the Zoning Board of Appeals to be
reviewed each year, one mobile home for each property owner
shall be permitted in all agricultural and R30 districts,
provided that one of the occupants of said mobile home shall
be a full time agricultural employee of the property owner
or a bona fide agricultural student doing agricultural work
for the property owner.
SECTION 59A. Dish Antennae. Free-standing and roof-mounted dish
antennae shall be prohibited from all districts except as
follows:
a) In Residential Districts R9, R15, and R30, and Agricultural
Districts, a free-standing dish antenna with . a diameter or
height of 15 feet or less shall be considered a permitted
accessory building and subject to all applicable yard and
height requirements.
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b) In all other zoning districts, free-standing or roof-mounted
dish antennae with a diameter of less than six (6) feet are
permitted. In such districts such antennae with a diameter
of six feet or more may be permitted following site plan
review by the Planning Board. In the site plan review, the
Planning Board shall consider:
i) the aesthetic effect of such antenna and the effect on
neighborhood property values;
ii) the accessibility of the particular property to
commercial cable television service;
iii) the location of the property and its effect on the
physical effectiveness of the dish antenna;
iv) landscaping, berming and buffering.
c) Except as permitted as part of the site plan approval in the
preceding paragraph, no dish antenna may exceed 15 feet in
height when measured vertically from the highest exposed
point of the antenna, when positioned for operation, to the
bottom of the base which supports the antenna.
d) No dish antenna may be located on any portable device,
including a trailer, designed principally for the
transportation of such dish antenna. However, a portable or
trailer-mounted antenna may be placed on a lot by an antenna
installer for a period not to exceed one week for the
purpose of determining the most acceptable place for a
permanent installation.
e) A dish antenna located on a building within 200 feet of an
R9, R15, or R30 zone shall not exceed 6 feet in height above
the roof height at the building line.
f) The installation of all roof-mounted dish antennae must be
certified by a registered architect or professional
engineer.
g) No such antenna or device shall be abandoned unless the
owner removes same from the premises and restores the
surface of the ground to its original grade and
approximately the same conditioia as before t�i2 antenna or
device was installed.
h) Applicability. Regulations on dish antennae apply to all
types of installations, such as:
i) Dish antennae serving more than one user on a single
lot, such as apartments in an apartment complex, mobile
homes in a mobile home park, or separate business
establishments in a single business building;
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ii) Dish Antennae operated by commercial, regulated cable
systems;
iii) Dish antennae which serve one user on one lot.
SECTION 60. Junk or Salvage Yards. Any area used for the
processing, storage, or sale of rags, scrap paper, scrap metal,
or junk, including automobile salvage yards or used automobile
parts or building materials salvage yards shall be completely
enclosed by a substantial and solid fence with openings only for
ingress and egress. Such fence shall be at least 6 feet high and
shall be no nearer than 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 61. 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 62. Side Yard on Corner Lot. On a corner lot in a
-f Residence or Business District the yard width on the side street
shall be at least one-half the required front yard for adjoining
properties on the side street, but in no event less than 10 feet.
SECTION 63. Side and Rear Yard Transition. 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.
SECTION 64. 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 65. 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.
SECTION 66. Projections in Yards. Every part of a required yard
shall be open from its lowest point to the sky unobstructed,
except for the ordinary projection of sills, belt courses,
pilasters, leaders, chimneys, cornices, eaves and ornamental
features, provided that no such projection may extend more than 2
feet into any required yard.
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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 67. 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.
SECTION 68. More than One Building on a Lot. Other than in a
multiple residence district, there shall not be more than one
principal building on any lot in any residential district. When
there is more than one principal building on a lot in any non-
residential district or in a multiple residence district, the
space between such buildings must be at least equal to the sum of
the side yards required by such buildings or the sum of the rear
and the front yards as the case may be.
SECTION 69. Parking Facilities. Every building housing or
designed to house more than 2 families shall provide in
connection with it and on the same lot garage space or off-street
parking space .for automobiles equivalent to 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.
5. Fraternity or sorority house or membership club - 1 space
for each 4 beds, or one space for each 5 members, whichever
figure is larger.
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SECTION 70. Extraction of Natural Products. In any district no
sod, loam, sand, gravel or stone shall be removed or offered for
sale except in connection with a public work on the property or
the removal of silt or other recently accumulated 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
proposed regrading and replanting of the property upon completion
of the operation. 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
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 legal building
permit, such as excavation, filling, or grading, shall be
excepted from the provisions of this Section.
SECTION 71. Public Garages and Gasoline Sales Stations.
1. No part of any building used as a public garage or gasoline
service station and no filling pump, lift or other service
appliance shall be erected within 25 feet of any Residence
District or in any required side yard.
2 . No gasoline or oil pump, no oiling or greasing mechanism and
no other service appliance installed in connection with any
gasoline sales station or public garage shall be within 15
feet of any street line or highway right of way line, and
when so installed shall not be a violation of front yard
requirements specified elsewhere in this ordinance.
SECTION 72. Approval of County Health Department. No building
permit, trailer permit, or certificate of occupancy issued under
the terms of this ordinance shall become or remain valid unless
the holder thereof complied with rules and regulations of the
Tompkins County Health Department under the terms of the County
Sanitary Code. Where minimum lot sizes are specified in this
Ordinance, the same shall be subject to the approval of the
Tompkins County Health Department or any successor agency, and if
such Department or successor requires larger lots to comply with
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the Count Sanitary Code the y y requirements of such Department or
successor shall govern.
SECTION 73. Abandoned Cellar Holes and Buildings. Within one
year after work on any excavation for a building has begun, any
excavation 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 remaining after the
demolition or destruction of a building from any cause shall be
covered over or filled by the owner within one year.
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ARTICLE BIV
ADMINISTRATION
SECTION 74. 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.
SECTION 74E. . Applications for Approvals, Remedies or Relief.
Every applicant for any approval, remedy or any other relief
under this Article or any other Article of this Zoning Ordinance
shall disclose the information required by Section 809 of the
General Municipal Law.
SECTION 75. Permit to Build. No principal building or accessory
building, nor any other structure, including but not limited to,
tanks, power and pump stations, swimming pools, and signs (except
as permitted by the Town of Ithaca Sign Law) , in any district,
shall be begun, erected, constructed, enlarged, improved,
renovated, repaired, or altered, without a permit to build,
-. issued by the person designated by the Town Board, except that no
building permit shall be required for:
1. Repairs, alterations, or renovations to existing
buildings provided that the repairs, alterations, or
renovations:
(a) cost less than $10, 000. 00;
(b) do not materially affect structural features of the
building;
(c) do not affect fire safety features such as smoke
detectors, sprinklers, required fire separations and exits;
(d) do not involve the installation or extension of
electrical, plumbing, or heating systems; and
(e) do not include the installation of solid fuel burning
heating appliances and associated chimneys and flues.
2 . An accessory building in an agricultural or residential
district, provided that such building:
(a) costs less than $3 , 000. 00;
(b) is less than 12 feet in height;
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(c) does not involve the installation or extension of
electrical, plumbing, or heating systems; and
(d) does not include the installation of solid fuel burning
heating appliances and associated chimneys and flues.
3 . Parking spaces in R5, R9, R15, R30, and agricultural
districts provided that such parking spaces cost less than
$10, 000. 00.
This waiver of the permit to build requirement for
alterations, accessory buildings, and parking spaces shall in no
case relieve the property owner from compliance with other
provisions of this ordinance or of the New York State Uniform
Fire Prevention and Building Code, or any successor ordinances or
statutes.
No permit to build shall be issued except pursuant to
written order of the Board of Appeals, where the proposed
construction, alteration, or use would be in violation of any
provision of this Ordinance. No such permit shall be issued,
except pursuant to written order of the appropriate authority
granting variances where the proposed construction, alteration,
or use would be in violation of any provision of the New York
State Uniform Fire Prevention and Building Code or any successor
statute.
Every application for a building permit shall state in
writing the intended use of the building and shall be accompanied
by a plot plan with all dimensions shown indicating the size and
shape of the lot and buildings.
Every such application for a building permit shall also
contain additional information such as the intended number of
occupants, the number of rooms, statement as to whether any
portion will be occupied by the owner or will be leased, and such
application shall be accompanied by an interior plan showing
number and layout of rooms, and such application and such plan
shall contain such additional information as may be reasonably
required by the Town Building Inspector or other officer
authorized to issue such permit or as may be required from time
to time by the Town Board.
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Every application for a building permit shall be accompanied
by a fee computed on the basis of the value of the improvement to
be constructed as follows:
Value of Improvement Fee
1-$ 5, 000 $ 15. 00
5, 001- 10,000 25. 00
10, 001- 20,000 40. 00
20, 001- 30,000 60. 00
30, 001- 40,000 80. 00
40, 001- 50, 000 100. 00
50, 001- 150, 000 200. 00
150, 001- 250, 000 300. 00
250, 001- 500, 000 400. 00
500, 001- 1, 000, 000 600. 00
1, 000, 001- 5, 000, 000 1, 000. 00
5, 000, 001 and over 2 , 000. 00
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 issue.
SECTION 76. Certificate of Occupancy. A Certificate of
Occupancy shall be required for all work for which a building
permit is required to be issued under this Ordinance or under any
other Ordinance or Local Law of the Town of Ithaca or under the
New York State Uniform Fire Prevention and Building Code or any
successor statute. Further, a Certificate of Occupancy shall be
required for all buildings which are converted from one general
occupancy classification to another and such classifications are
defined in part 701 of Title 9 of the Official Compilation of
Codes, Rules and Regulations of the State of New York, or any
successor rules or regulations. The issuance of building permits
and Certificates of Occupancy shall be governed, in addition to
the requirements of this Ordinance, by the requirements of the
New York State Uniform Fire Prevention and Building Code, the
rules and regulations promulgated thereunder, and any similar or
successor statutes, and in accordance with the requirements of
any laws, ordinances, rules or regulations of the Town of Ithaca
liiC-L -L g, withf9iit i11Ti1tat-on, Local Law No. 1 of the year 1981
as the . same has been subsequently amended. The fee for the
issuance of a Certificate of Occupancy shall be $25. 00.
SECTION 77. 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
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to serve for terms as prescribed by law. Vacancies
occurring in said Board by expiration 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 absence 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 deem necessary to carry into
effect the provisions 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.
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 building 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 requirements
of this ordinance.
6. Where there are practical difficulties or unnecessary
hardship in the way of carrying out the strict letter of
this ordinance, the Board of Appeals shall have the power,
in passing upon appeals, to vary or modify the application
of any of the regulations or provisions of this ordinance so
that the spirit of the ordinance shall be observed and
public safety and welfare secured and substantial justice
done.
7. The Board of Appeals shall also hear and decide all matters
referred to it or upon which it is required to pass by the
terms of this ordinance. In deciding such matters referred
to it by the terms of this ordinance and in granting special
approval the Board of Appeals shall determine that:
a. The health, safety, morals and general welfare . of the
community in harmony with the general purpose of this
ordinance shall be promoted, except that as to all
public buildings and educational buildings wherein the
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principle use is research, administration, or
instruction, the same shall be presumed to exist.
b. The premises are reasonably adapted to the proposed
use, and that such use, except as to public and
educational. buildings, will fill a neighborhood or
community need.
C. The proposed use and the location and design of any
structure shall be consistent with the character of the
district in which it is located.
d. The proposed use shall not be detrimental to the
general amenity or neighborhood character in amounts
sufficient to devaluate neighboring property or
seriously inconvenience neighboring inhabitants.
e. The proposed access and egress for all structures and
uses shall be safely designed.
f. The general effect of the proposed use upon the
community as a whole, including such items as traffic
load upon public streets and load upon water and
sewerage systems is not detrimental to the health,
safety and general welfare of the community.
8 . The Board may impose upon the applicant such reasonable
conditions as it deems necessary to protect the general
welfare of the community.
9. Unless work has commenced in accordance with the variance or
special approval given by the Board of Appeals within one
year from the issuance of the building permit authorizing
such work, or within eighteen months of the granting of such
variance or special approval, whichever is earlier, not only
the building permit but the variance or special approval
shall expire and the permissible uses and construction on
the property shall revert to those in effect prior to the
issuance of such special approval or variance.
SECTION: ?S. Planning Board 'Recommendations. In making
recommendations to the Town Board and the Board of Appeals, the
Planning Board shall determine that:
1. There is a need for the proposed use in the proposed
location.
2 . The existing and probable future character of the
neighborhood in which the use is to be located will not be
adversely affected.
i
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31. The proposed change is in accordance with a comprehensive
plan of development of the Town.
SECTION 79. Violations and Penalties. Pursuant to Section 268
of the Town Law any person, firm, corporation or other entity
violating any provision of this Ordinance or any provision of the
subdivision regulations of the Town of Ithaca shall be deemed
guilty of an offense and upon conviction thereof shall be subject
to a fine or to imprisonment as provided in Section 268. Each
week's continued violation shall constitute a separate offense.
Notwithstanding any other provisions of this Ordinance or
the subdivision regulations of the Town of Ithaca, the Planning
Board may refuse preliminary or final subdivision approval to a
subdivision as long as the subdivider, or any person or entity
under the control of or controlled by the subdivider, is in
default in the performance of any actions required of them
pursuant to law or pursuant. to conditions imposed in connection
with a previously approved subdivision in the Town of Ithaca.
SECTION 80. Amendments. This ordinance may be amended as
provided by law.
SECTION 81. Validity. The invalidity of any section or
provision of this ordinance shall not invalidate any other
section or provision thereof.
SECTION 82. When Effective. This ordinance shall be in force
and effect immediately upon adoption and publication as provided
by law.
SECTION 83. 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-adopted,
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-
conforming under the provisions of this Ordinance, as re-adopted,
re-enacted and amended.
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SECTION 84. Fees.
1. The fees for a building permit shall be as set forth in
Section 75 of this Ordinance.
2 . Whenever an appeal or an application is filed with the
Board of Appeals for which a public hearing is required,
there shall be paid a fee of $40. 00 to defer the costs of
publishing the notice of public hearing, the mailing of
notices to appropriate parties, and the taking of minutes of
the proceedings relating to the appeal or application. Such
fee shall be paid to the Town Building Inspector, Town
Planner, or Deputy Town Clerk associated with the Building
and Planning Department of the Town. Such fee shall be paid
simultaneously with the filing of any application or appeal
requiring such public hearing.
3 . The fees set forth below also included in the
subdivision regulations of the Town of Ithaca, shall be
payable with respect to applications before the Planning
Board:
A. In general the following fees shall be paid on the
filing of any application and prior to the processing
thereof:
1. Sketch plan or plat.
(a) Two-lot subdivision $10. 00
(b) More than two lots 50. 00
2 . Preliminary plat.
(a) Two-lot subdivision 25. 00
(b) More than two lots 20. 00+
$5. 00 per lot
or dwelling unit,
whichever is
larger
3 . Final Plat.
(a) Two-lot subdivision 10. 00
(b) More than two lots 10. 00+
$1. 00 per lot or
dwelling unit,
whichever is
larger
4. Plats and Replats whose sole
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purpose is to dedicate land to
the public No fee
B. The Planning Board, in : its discretion, may waive
the fee for a final plat in those circumstances where
final plat approval is given simultaneously with
preliminary plat approval.
C. In addition to the fees set forth above, an
applicant shall pay $40.00 for each application on
which a public hearing is being held, said additional
fee to offset the costs of publishing and mailing the
notice and application to various persons and the costs
of transcribing the proceedings at the public hearing.
Such fee shall be paid each time a new public hearing
is held. In the discretion of the Planning Board or
the person designated to collect the fee below, such
fee may be waived with respect to any adjourned public
hearings, particularly if the adjournment was
necessitated by actions of the Town officials and not
by the applicant.
D. The Building Inspector, Town Planner, or Deputy
Town Clerk associated with the Planning and Building
Department, will calculate the fee for each
application. Each fee shall be paid to one of such
individuals: who shall issue a receipt stating the
purpose of the payment. This receipt must be filed
with the application as evidence of payment.
4 . The fees for review or preparation of an environmental
impact statement involving an applicant for approval of
funding of an action requiring preparation or filing of a
draft -environmental impact statement shall be determined by
the lead agency for each such application. The fees shall
be based on the actual cost to the Town for reviewing or
preparing the draft and final environmental impact
statement, including the cost of hiring consultants, the
salary time of Town employees and actual disbursements
incurred as a result of the review and preparation of such
impact statement, but in no event shall the fees be greater
than that established in 6 N.Y.C.K. 617.7. The Town
Superintendent, Building Inspector, Town Planner or Town
Engineer may require, prior to the commencement of the
review or preparation of an environmental impact statement,
a deposit to be made with the Town in an amount reasonably
estimated to cover the fees set forth in this section.
67
APPENDIX
CERTAIN LOCAL LAWS RELATING TO THE
ZONING ORDINANCE
in the
TOWN OF ITHACA
As enacted through January 9, 1990
} ARTICLE XV
LOCAL LAW #5 - 1985
RELATING TO FLOOD DAMAGE PROTECTI(N
AS AMENDED BY LOCAL LAW #9 - 1987
AND LOCAL LAW #3 , 1989
SECTION 1. 0
STATUTORY AUTHORIZATION AND PURPOSE
1. 1 FINDINGS
The Town Board of the Town of Ithaca finds that the poten-
tial and/or actual damages from flooding and erosion may be
a problem to the residents of the Town of Ithaca and that
such damages may include: destruction or loss of private and
public housing, damage to public facilities, both publicly
and privately owned, and injury to and loss of human life.
In order to minimize the threat of such damages and to
achieve the purposes and objectives hereinafter set forth,
this local law is adopted.
1. 2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public
health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific
areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety
and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood
heights or velocities;
(2) require that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) control the alteration of natural flood plains, stream
channels, and natural protective barriers which are
involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other
development which may increase erosion or flood
damages;
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I (5) regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase
flood hazards to other lands, and;
(6) qualify and maintain eligibility for participation in
the National Flood Insurance Program.
1. 3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly
flood control projects;
(3) to minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone, sewer
lines, streets and bridges located in areas of special
flood hazard;
(6) to help maintain a stable tax base by providing for the
sound use and development of areas of special flood
hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property
is in an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
SECTION 2 . 0
DEFINITIONS
Unless specifically defined below, words or phrases used in this
local law shall be interpreted so as to give them the meaning
they have in common usage and to give this local law its most
reasonable application.
"Appeal" means a request for a review of the Building Inspector's
interpretation of any provision of this Local Law or a request
for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a
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community's Flood Insurance Rate Map (FIRM) with base flood
depths from one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain
within a community subject to a one percent or greater chance of
flooding in any given year. This area may be designated as Zone
A, AE, AH, AO, Al-99, V, VO, VE, or V1-30. It is also commonly
referred to as the base floodplain or 100-year floodplain.
"Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"Basement" means that portion of a building having its floor
subgrade (below ground level) on all sides.
"Building" means any structure built for support, shelter, or
enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement"
"Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, paving, excavation or
drilling operations located within the area of special flood
hazard.
"Elevated building" means a non-basement building built to have
the lowest floor elevated above the ground level by means of
fill, solid foundation perimeter walls, pilings, columns (posts
and piers) , or shear walls.
"Existing manufactured home park or manufactured home subdivi-
sion" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which the
manufactured home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
completed before the effective date of Local Law #5 - 1985.
"Flood" or "Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
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"Flood Boundary and Floodway Map (FBFM) " means an official map of
the Community published by the Federal Emergency Management
Agency as part of a river in Community's Flood Insurance Study.
The FBFM delineates a Regulatory Floodway along water courses
studied in detail in the Flood Insurance Study.
"Flood Hazard Boundary Map (FHBM)" means an official map of a
community, issued by the Federal Emergency Management Agency,
where the boundaries of the areas of special flood hazard have
been defined but no water surface elevation is provided.
"Flood Insurance Rate Map (FIRM) " means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary Floodway Map, as eleva-
tions of the base flood.
"Floodproofing" means any combination of structural and non-
structural additions, changes, or adjustments to structures which
reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their
contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers, shipbuild-
ing, and ship repair. The term does not include long-term
storage, manufacture, sales, or service facilities.
"Lowest Floor" means lowest level including basement, cellar,
crawlspace or garage of the lowest enclosed area.
"Manufactured home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and designed
to be used with or without a permanent foundation when connected
to the recruired utilities. The term also includes park trailers,
travel trailers, and similar transportable structures placed on a
site for 180 consecutive days or longer.
"Mean Sea Level" means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD) of
1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
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"New Construction" means structures for which the "start of
construction" commenced on or after the effective date of this
Local Law.
"Principally Above Ground" means that at least 51 percent of the
actual cash value of the structure, excluding land value, is
above ground.
"Regulatory Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height as
determined by the Federal Emergency Management Agency in a Flood
Insurance Study or by other agencies as provided in Section 4 . 3-2
of this Law.
"Start of Construction" includes substantial improvement and
means the first placement of permanent construction of a struct-
ure (other than a manufactured home) on a site, such as the
pouring of slabs or footings, the installation of piles, the
construction of columns or any work beyond the stage of excava-
tion. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not as part of the main
structure. For manufactured homes, "start of construction" is
the date on which the construction of facilities for servicing
the site on which the manufactured home is to be affixed (includ-
ing, at a minimum, the construction of streets, either final site
grading or the pouring of concrete pads, and installation of
utilities) is commenced but in any event, no later than the
placement of a manufactured home on a foundation.
"Structure" means a walled and roofed building, a manufactured
home, or a gas or liquid storage tank, that is principally above
ground.
"Substantial Improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being
restored, before the damage occurred.
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For the purposes of this definition "substantial improvement" is
considered to commence when the first alteration of any wall,
ceiling, floor or other structural part of the building com-
mences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply
with existing state or local building, fire, health,
sanitary, or safety code specifications which are
solely necessary to assure safe living conditions; or
(2) any alteration of a structure or contributing structure
listed on the National Register of Historic Places or a
State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this
local law which permits construction or use in a manner that
would otherwise be prohibited by this Local Law.
SECTION 3 . 0
GENERAL PROVISIONS
3 . 1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law, shall apply to all areas of special flood
hazards within the jurisdiction of the Town of Ithaca.
3 .2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering
report entitled "The Flood Insurance Study Town ofIthaca,
New York, Tompkins County, New York", dated December 19,
1984, with Flood Insurance Rate Maps enumerated on Map Index
No. 360851 0001-0025 dated June 19, 1985, and with
accompanying Flood Boundary and Floodway Maps enumerated on
Map Index No. 360851 0001-0025 dated June 19, 1985.
3 . 3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to revisions to the
National Flood Insurance Program effective October 1, 1986
and shall supersede all previous laws adopted for the
purpose of establishing and maintaining eligibility for
flood insurance.
In their interpretation and application, the provisions of
this Local Law shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, and
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welfare. Whenever the requirements of this local law are at
variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the most restrictive, or
that imposing the higher standards, shall govern.
3 .4 SEVERABILITY
The invalidity of any section or provision of this Local Law
shall not invalidate any other section or provision thereof.
3 . 5 PENALTIES FOR NON-COMPLIANCE
No development shall occur and no structure shall hereafter
be constructed, located, extended, converted, or altered and
no land shall be excavated or filled without full compliance
with the terms of this Local Law and any other applicable
regulations, including receipt of the development permit set
forth below together with any building permits required
pursuant to any building, zoning or other rule, law, or
regulation governing construction. Any violation of the
provisions of this Local Law by failure to comply with any
of its requirements, including violations of conditions and
safeguards established in connection with conditions of the
permit, shall constitute a misdemeanor. Any person who
violates this Local Law or fails to comply with any of its
} requirements shall, upon conviction thereof be fined not
more than $500 or imprisoned for not more than 30 days or
both, for each violation, and in addition, shall pay all
costs and expenses involved in the case. Each day of
noncompliance shall be considered a separate offense.
Nothing herein contained shall prevent the Building Inspec-
tor from taking such other lawful action as necessary to
prevent or remedy a violation. Any structure found not
complying with the requirements of this Local Law for which
the owner has not applied for and received an approved
variance under Section 6. 0 will be declared noncomplying and
notification sent to the Federal Emergency Management
Agency.
3 . 6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is
considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This local law
does not imply that land outside the area of special flood
hazards or uses permitted within such areas will be free
from flooding or flood damages. This local law shall not
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} create liability on the part of the Town of Ithaca, any
officer or employee thereof, or the Federal Emergency
Management Agency, for any flood damages that result from
reliance on this local law or any administrative decision
lawfully made thereunder.
SECTION 4 . 0
ADMINISTRATION
4 . 1 REQUIREMENT FOR DEVELOPMENT PERMIT
(1) A Development Permit shall be obtained before any
development or start of construction, whichever occurs
earlier, within any area of special flood hazard
established in Section 3 .2 .
(2) The Building Inspector is hereby appointed Local
Administrator to administer and implement this local
law by granting or denying Development Permit applicat-
ions in accordance with its provisions.
(3) The Building Inspector may include such conditions to
the grant of any Development Permit as the Building
Inspector may reasonably require to carry out the
purpose of this law, and, further, in consideration of
the technical evaluations, all relevant factors and
standards specified in other sections of this law
including, but not limited to, those set forth in
Section 6. 1 (4) , below.
4 . 2-1 DEVELOPMENT PERMIT APPLICATION
(1) The application for the Development Permit
must be made by the Owner of the property, or
by a person duly authorized by the Owner
("hereinafter collectively referred to as the
"Owner") , on forms prepared by the Building
Inspector.
(2) The following information is required where
applicable:
(a) plans, in duplicate, drawn to scale
showing the nature, location, dimension,
and elevations of the area in question,
existing and/or proposed structures,
fill, storage of materials and drainage
facilities,
(b) elevation in relation to mean sea level
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of the proposed lowest floor (including
basement or cellar) of all structures;
(c) elevation in relation to mean sea level
to which any non-residential structure
will be flood-proofed;
(d) when required, a certificate from a
licensed professional engineer or
architect that the utility floodproofing
will meet the criteria in Section 5. 1-
3 (1) ;
(e) certificate from a licensed professional
engineer or architect that the non-
residential flood-proofed structure will
meet the flood-proofing criteria in
Section 5. 2 ; and
(f) description of the extent to which any
watercourse or regulated floodway will
be altered or relocated as a result of
proposed development.
(g) such other information as the Building
Inspector may reasonably require.
(3) Any permit issued may require that the work
for which the permit is granted shall be
begun on a date which shall be no more than
three months after its issue. The estimated
date of completion of the work shall appear
on the permit. The Building Inspector may
grant extensions of time as the Building
Inspector may reasonably determine, taking
into account the factors and standards set
forth elsewhere in this law and the Building
Inspector may require additional conditions
taking into account such factors and
standards and any changes in the physical
facts, or in any applicable law, code or
regulations, and the extent of the progress
of such work at the time of application.
Such application for extension shall be made
on forms prepared by the Building Inspector.
4.2-2 DUTIES OF OWNER
(1) Upon placement of the lowest floor, or flood-
proofing by whatever means, it shall be the
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duty of the Owner to submit to the Building
Inspector a certificate of the elevation of
the lowest floor, or flood-proofed elevation,
in relation to mean sea level. The elevation
certificate shall be prepared by or under the
direct supervision of a licensed land
surveyor or professional engineer and certif-
ied by same. When flood-proofing is utilized
for a particular building the flood-proofing
certificate shall be prepared by or under the
direct supervision of a licensed professional
engineer or architect and certified by same.
The Building Inspector shall review . all data
submitted. Deficiencies detected shall be
cause to issue a stop-work order for the
project unless immediately corrected.
(2) It shall be the responsibility of the Owner
to insure that all work and construction has
been . done in compliance with the require-
ments of this law. The Owner shall sign and
acknowledge a certificate that the work has
been performed and completed in accordance
with all provisions of this law and the
conditions of a permit. The Building
Inspector may also require that such a
certificate be signed by a competent person
who has supervised or examined the work.
4 . 3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR
Duties of the Building Inspector shall include, but not be
limited to:
4 . 3-1 PERMIT APPLICATION REVIEW
(1) Review all Development Permit applications to
determine that the requirements of this local
law have been satisfied.
(2) Review all Development Permit applications to
determine that all necessary permits have
been obtained from those Federal, State or
local governmental agencies from which prior
approval is required.
(3) Review all Development Permits for compliance
with the provisions of Section 5. 1-5,
Encroachments.
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4 . 3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data has not been
provided in accordance with Section 3 . 2, BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,
the Building Inspector shall obtain, review and
reasonably utilize any base flood elevation and
floodway data available from a Federal, State or
other source, including data developed pursuant to
Section 5. 1-4 (4) in order to administer Section
5. 2, SPECIFIC STANDARDS and Section 5. 3 FLOODWAYS.
4 . 3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Obtain and record the actual elevation, in
relation to mean sea level, of the lowest
floor, including basement or cellar of all
new or substantially improved structures, and
whether or not the structure contains a
basement or cellar.
(2) For all new or substantially improved
floodproofed structures:
(i) obtain and record the actual elevation,
in relation to mean sea level, to which
J the structure has been floodproofed; and
(ii) maintain the floodproofing certifica-
tions required in Sections 5. 1 and 5. 2 .
(3) Maintain for public inspection all records
pertaining to the provisions of this local
law including variances when granted and
Certificates of Compliance.
4 . 3-4 ALTERATION OF WATERCOURSES
(1) Notify adjacent communities and the New York
State Department of Environmental Conserva-
tion prior to any alteration or relocation of
a watercourse, and submit evidence of such
notification to the Federal Insurance
Administrator.
(2) Require that maintenance is provided within
the altered or relocated portion of said
watercourse so that the flood carrying
capacity is not diminished.
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4 . 3-5 INTERPRETATION OF FIRM BOUNDARIES
The Building Inspector shall have the authority to
make interpretations when there appears to be a
conflict between the limits of the federally
identified area of special flood hazard and actual
field conditions.
Base flood elevation data established pursuant to
Section 3 .2 and/or Section 4. 3-2, when available,
shall be used to accurately delineate the area of
special flood hazards.
The Building Inspector shall use flood information
from any other authoritative source, including
historical data, to establish the limits of the
area of special flood hazards when base flood
elevations are not available.
4 . 3-6 STOP WORK ORDERS
(1) All floodplain development or construction
found ongoing without an approved Development
Permit, or any other required permits, shall
be subject to the issuance of a stop work
order by the Building Inspector. Disregard of
a stop work order shall be subject to the
penalties described in Section 3 . 5 of this
Local Law.
(2) All floodplain development found to be not
complying with the provisions of this law
and/or the conditions of the approved permit
shall be subject to the issuance of a stop
work order by the Building Inspector.
Disregard of a stop work order shall be
subject to the penalties described in Section
3 . 5 of this Local Law.
4 . 3-7 INSPECTIONS
The Building Inspector or, if required by the
Building Inspector, the Owner's engineer or
architect shall make periodic inspections at
appropriate times throughout the period of
construction in order to monitor compliance with
permit conditions and enable the person who is
conducting the inspection to certify that the
development is in compliance with the requirements
of either the Development Permit or the approved
h
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variance.
4 . 3-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to
permit the use or occupancy of any building
or premises, or both, or part thereof
hereafter created, erected, changed, con-
verted or wholly or partly altered or
enlarged in its use or structure until a
Certificate of Compliance has been issued by
the Building Inspector stating that the
building or land conforms to the requirements
of this Local Law.
(2) All other development occurring within the
designated flood hazard area will have upon
completion a Certificate of Compliance issued
by the Building Inspector.
All certifications shall be based upon the inspections
conducted subject to Section 4 . 3-7, the certification of profes-
sionally qualified representatives made pursuant to Section 4 . 3-
7 and/or any certified elevations, hydraulic information,
floodproofing, anchoring requirements or encroachment analysis
which may have been required as a condition of the approved
permit.
SECTION 5. 0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5. 1 GENERAL STANDARDS
In all areas of special flood hazards the following stand-
ards are required:
5. 1-1 ANCHORING
(1) All new construction and substantial improve-
ments shall be anchored to prevent flotation,
collapse, or lateral movement of the struc-
ture resulting from hydrodynamic and hydro-
static loads, including the effects of
buoyancy.
(2) All manufactured homes shall be installed
using methods and practices which minimize
flood damage. Manufactured homes must be
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elevated and anchored to resist flotation,
collapse, or lateral movement. All manufac-
tured homes to be placed or substantially
improved shall be elevated on a permanent
foundation such that the lowest floor of the
manufactured home is at or above the base
flood elevation and be securely anchored to
an adequately anchored foundation system in
accordance with the following requirements:
(1) Over-the-top ties shall be provided at
each of the four corners of the manufac-
tured home, with two additional ties per
side at intermediate locations, with
manufactured homes less than 50 feet
long requiring one additional tie per
side.
(ii) Frame ties shall be provided at each
corner of the home with five additional
ties per side at intermediate points,
with manufactured homes less than 50
feet long requiring four additional ties
per side.
(iii) All components of the anchoring system
shall be capable of carrying a force of
4, 800 pounds; and
(iv) Any additions to the manufactured home
shall be similarly anchored.
5. 1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improve-
ments shall be constructed with materials and
utility equipment resistant to flood damage.
(2) All new construction and substantial improve-
ments shall be constructed using methods and
practices that minimize flood damage.
5. 1-3 UTILITIES
(1) All new construction and substantial improve-
ment shall be constructed with electrical,
heating, ventilation, plumbing, air condi-
tioning equipment, and other service facili-
ties that are designed and/or located so as
to prevent water from entering or accumulat-
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ing within the components during conditions
of flooding. When °designed for location
below the base flood elevation, a profes-
sional engineer's or architect's certifica-
tion is required that such utilities meet
this specification.
(2) All new and replacement water supply systems
shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate
infiltration of flood waters into the systems
and discharge from the systems into flood
waters; and
(4) On-site waste disposal systems shall be
located to avoid impairment to them or
contamination from them during flooding.
5. 1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals, including proposed
manufactured home parks or subdivisions,
shall be consistent with the need to minimize
flood damage;
(2) All subdivision proposals, including proposed
manufactured home parks or subdivisions,
shall have public utilities and facilities
such as sewer, gas, electrical, and water
systems located and constructed to minimize
flood damage;
(3) All subdivision proposals, including proposed
manufactured home parks or subdivisions,
shall have adequate drainage provided to
reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided
for subdivision proposals and other proposed
developments (including proposals for
manufactured home parks and subdivisions)
greater than either 50 lots or 5 acres.
5. 1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in which
base flood elevation data is available
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pursuant to Section 4 . 3-2 or Section 5. 1-4 (4)
and no floodway has been determined the
cumulative effects of any proposed develop-
ment, when combined with all other existing
and anticipated development, shall not
increase the water surface elevation of the
base flood more than one foot at any point.
(2) In all areas of the special flood hazard
where floodway data is provided or available
pursuant to Section 4. 3-2 the requirements of
Section 5. 3, Floodways, shall apply.
5. 2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in Section 3.2
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS
and Section 4 . 3-2, USE OF OTHER BASE FLOOD DATA, the
following standards are required:
5. 2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of
any residential structure shall have the lowest
floor, including basement or cellar, elevated to
or above the base flood elevation;
5. 2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of
any commercial, industrial or other non-residen-
tial structure, together with attendant utility
and sanitary facilities, shall either: have the
lowest floor, including basement or cellar,
elevated to or above the base flood elevation; or
be floodproofed so that the structure is water-
tight below the base flood level with walls
substantially impermeable to the passage of water.
All structural components located below the base
flood level must be capable of resisting hydro-
static and hydrodynamic loads and the effects of
buoyancy.
If the structure is to be floodproofed:
(i) a licensed professional engineer or architect
shall develop and/or review structural
design, specifications, and plans for the
construction, and shall certify that the
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i
design and methods of construction are in
accordance with accepted standards of
practice to make the structure watertight
with walls substantially impermeable to the
passage of water, with structural components
having the capability of resisting hydro-
static and hydrodynamic loads and effects of
buoyancy; and
(ii) a licensed professional engineer or licensed
land surveyor shall certify the specific
elevation (in relation to mean sea level) to
which the structure is floodproofed.
The Building Inspector shall maintain on record a
copy of all such certificates noted in this
section.
5. 3 FLOODWAYS
Located within areas of special flood hazard are areas
designated as floodways (see definition, Section 2 . 0) . The
floodway is an extremely hazardous area due to high velocity
flood waters carrying debris and posing additional threats
from potential erosion forces. When floodway data is
available for a particular site as provided by Section 3 . 2
and Section 4 . 3-2 , all encroachments including fill, new
construction, substantial improvements, and other develop-
ment are prohibited within the limits of the floodway unless
a technical evaluation demonstrates that such encroachments
shall not result in any increase in flood levels during the
occurrence of the base flood discharge and no manufactured
home shall be placed within the limits of the floodway
except in an existing manufactured home park or existing
manufactured home subdivision.
SECTION 6.0
VARIANCE PROCEDURE
, 6. 1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Town
Board shall hear and decide appeals and requests for
variances from the requirements of this local law.
(2) The Zoning Board of Appeals shall hear and decide
appeals when it is alleged there is an error in any
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requirement, decision, or determination made by the
Building Inspector in the enforcement or administration
of this local law.
(3) Those aggrieved by the decision of the Zoning Board of
Appeals, or any taxpayer owning property in the Town of
Ithaca who may have a significant interest in the
decision and proceedings on which it was based, may
appeal such decision to the Supreme Court pursuant to
Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Zoning Board of
Appeals shall consider all technical evaluations, all
relevant factors, standards specified in other sections
of this local law and:
(i) the danger that materials may be swept onto
other lands to the injury of others;
(ii) the danger to life and property due to
flooding or erosion damage;
(iii) the susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual
owner;
> (iv) the importance of the services provided by
the proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for
the proposed use which are not subject to
flooding or erosion damage;
(vii) the compatibility of the proposed use with
existing and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management
program of that area;
(ix) the safety of access to the property in times
of flood for ordinary and emergency vehicles;
M the costs to local governments and the
dangers associated with conducting search and
rescue operations during periods of flooding;
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(xi) the expected heights, velocity, duration,
rate of rise, and sediment transport of the
flood waters and the effects of wave action,
if applicable, expected at the site; and
(xii) the costs of providing governmental services
during and after flood conditions, including
search and rescue operations, maintenance and
repair of public utilities and facilities
such as sewer, gas, electrical, and water
systems and streets and bridges.
(5) Upon consideration of the factors of Section 6. 1 (4) and
the purposes of this local law, the Zoning Board of
Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes
of this local law.
(6) The Zoning Board of Appeals shall maintain the records
of all appeal actions including technical information
and report any variances to the Federal Emergency
Management Agency upon request.
6 . 2 CONDITIONS FOR VARIANCES
(1) Generally
, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed
below the base flood level, providing items (i-xii) in
Section 6. 1(4) have been fully considered. As the lot
size increases beyond the one-half acre, the technical
justification required for issuing the variance
increases.
(2) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures and
contributing structures listed on the National Register
of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in
the remainder of this section.
(3) Variances may be issued for new construction and
substantial improvements and for other development
necessary for the conduct of a functionally dependent
use provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 of
this section are met;
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(ii) the structure or other development is protected by
methods that minimize flood damages during the
base flood and create no additional threat to
public safety.
(4) Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
(5) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(6) Variances shall be issued only upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the
variance would result in exceptional hardship
to the applicant; and
(iii) a determination that the granting of a
variance will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create nui-
sances, cause fraud on or victimization of
the public or conflict with existing local
laws or ordinances.
(7) Any applicant to whom a variance is granted for a
building with the lowest floor below the base flood
elevation shall be given written notice that the cost
of flood insurance will be commensurate with the
increased risk resulting from lowest floor elevation.
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j RESOLUTION OF THE TOWN BOARD DATED FEBRUARY 26 1973
ESTABLISHING MULTIPLE RESIDENCE DISTRICT AND A CLUSTER
DEVELOPMENT THEREIN ON PROPERTY OF SCHICKEL ENVIRONMENTAL
DEVELOPMENT COMPANY ON HONNESS LANE TOWN OF ITHACA NEW YORK (as
amended by Local Law No. 4 - 1987) .
WHEREAS, application was made to the Town of Ithaca Planning
Board on November 14, 1972 by Schickel Environmental Development
Company, requesting the establishment of a Multiple Residence
District on a parcel of land comprising about 18 .9 acres of land
on Honness Lane (hereinafter referred to sometimes as Eastwood
Commons subdivision) , Tax Parcel 60-1-25.2 , owned by Enos A.
Pyle, which will require a change from an R-15 Residential Zoning
District to a Multiple Residence District, for the purpose of
constructing a cluster development of 176 Units, said parcel
being bounded and described in Schedule A, annexed hereto, and
WHEREAS, the Planning Board of the Town of Ithaca duly held
a public hearing upon such application on the 12th day of
December, 1972, following the due and timely posting and
publication of notice thereof in the Ithaca Journal on the 7th
day of December, 1972 , and the Planning Board at a meeting duly
held on January 2 , 1973 having adopted a resolution recommending
to the Town Board of the Town of Ithaca that the said application
be approved, and
WHEREAS, the Town Board of the Town of Ithaca, at its
regular meeting held on the 8th day of January, 1973, ordered
that a Public Hearing be held on the 12th day of February, 1973 ,
at the Town Offices, 108 East Green Street, in the City of
Ithaca, New York, to consider, among other matters, the rezoning
of said 118 . 9 acres from R-15 to Multiple Residence for a certain
number of residential units in clusters in accordance with the
provisions of Section 281 of the Town Law, and the Town Clerk
having duly posted a published in the Ithaca Journal on February
1 and 2, 1973 the said Notice of Public Hearing, and it appearing
that said Notice of said hearing has either been served on all
persons or parties requiring notice or a waiver of such notice by
any such person or party has been filed with the Town Clerk, and
the public hearing having been held as aforesaid and the Town
Board having heard and considered all arguments made with respect
to such requested changes, and the Public Hearing having been
closed, and the meeting having been adjourned to the 22nd day of
February, 1973 , at 5: 00 P.M. at the Town Offices for further
consideration of said application, and the applicant and owners
of land in the vicinity having appeared before the Town Board at
said adjourned meeting, and the application having been further
considered, and the matter having been adjourned to a meeting of
the Town Board to be held on the 26th day of February, 1973, at
5: 00 P.M. , at the Town Hall, and the Town Board having further
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deliberated on the application,
NOW, in accordance with the provisions of ARTICLES VI and IX
of the Town of Ithaca Zoning Ordinance and in accordance with the
applicable provisions of Sections 264, 265, and 281 of the Town
Law, it is RESOLVED as follows:
1. The Town Board, in concurrence with the recommendations
of the Planning Board, determines that the existing and probably
future character of the neighborhood in which the rezoned parcel
is located will not be adversely affected; that specific
conditions hereafter set forth have been imposed to provide for
an adequate drainage system and with respect to other matters
concerning the proposed development; that the change from R-15 to
Multiple Residence is in accordance with a comprehensive plan of
development of the Town of Ithaca; and that the proposed change
is in accordance with the purposes for which the existing Zoning
Ordinance of the Town of Ithaca was adopted.
2 . The zoning classification of the parcel of about 18. 9
acres, owned by Enos A. Pyle on Honness Lane in the Town of
Ithaca, New York, Tax Parcel 60-1-25. 2 , and described in Schedule
A, annexed hereto, is changed from a Residence District R-15 to a
Multiple Residence District. The boundaries of said Multiple
Residence District shall be as described in Schedule A of this
Resolution.
3 . The change in zoning classification of the above parcel
has been made subject to compliance by the owner of the said
parcel, or any portion thereof, with the conditions,
requirements, and the provisions hereinafter set forth. The
final site plan of the owner-applicant shall not be approved and,
in any event, no building permit for the construction of any
building, or other structure on said parcel, shall be issued at
any time, unless and until the owner-applicant has complied with
all of the said conditions, requirements, and provisions or
unless and until satisfactory assurances, under such conditions
as the Town Board may reasonably determine.
4 . The applicants shall also comply with such other
requirements and conditions which the Town Planning Board and the
Town Board of Ithaca may reasonably and lawfully require in the
exercise of their power to approve subdivision plats and the
development thereof. Nothing herein contained shall be deemed to
limit the authority of the Town Board and the Planning Board to
impose such additional requirements and conditions as may be
reasonably and lawfully required in the approval of the final
site plan and the development of the rezoned parcel pursuant to
such plan.
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A. (1) The permitted use in this multiple residence
district is limited to 176 dwelling units which shall be
constructed in clusters in accordance with the provisions of
Section 281 of the Town Law, substantially as shown on the site
plan entitled "Eastwood Commons," dated February 21, 1973, a copy
of which was filed with the Town Board on February 21, 1973 ,
being a revision of the site plan which was dated December 18,
1972, and filed with the Town Planning Board on February 19,
1973, and it is directed that a copy thereof be filed in the Town
file of Site Plans.
B. (1) The loop road shown on the site plan will be
conveyed to the Town of Ithaca as and for a public road, 50 feet
in width. The two entrance roads shown on the preliminary site
plan shall have such curbing as may be reasonably required by the
Town.
(2) The developer, at his own expense, shall
construct a sidewalk and bicycle path from the multiple residence
district to which this ordinance and local law relates to the
East Ithaca Recreationway on the former Lehigh Valley Railroad
right of way, such walk and path to be maintained by the
Homeowners Association in accordance with the provisions of
subparagraph (3) immediately following.
(3) It is determined that in accordance with the
purposes and values for which the Town of Ithaca Zoning Ordinance
was adopted the open area, other than the road, shall be
maintained as an open area, with proper landscaping and planting
of shrubbery, trees, and grass, and as otherwise herein set
forth, in accordance with reasonable regulations as may be
established from time to time by the Town Board. If such open
spaces are not maintained adequately in accordance with such
regulations, they may be maintained by the Town and the expense
thereof shall be collected by the Town either as on a contract or
by any lawful assessment, levy, or tax, levied upon the property
in the zoned area pursuant to such regulations or by-laws as may
be adopted by such association or other organization or pursuant
to any law or ordinance which may be hereinafter adopted by the
Town Board.
(a) All other open space shown on the site plan
will be owned, maintained, and the use thereof controlled by one
or more owners (residents) associations, incorporated as not-for-
profit corporations, or other similar legal entities, capable of
holding title to the land. The by-laws of any such association
shall contain a provision that no by-laws, or other rules or
regulations, shall be deemed to be effective unless the Town
Board approves the same, but the Town Board may, from time to
time, waive the requirement of approval. The membership of such
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association or associations shall consist of owners of the
Eastwood Commons Subdivision. Provision shall be made that all
owners of the Eastwood Commons Subdivision shall belong to one or
more of such associations. The certificate of incorporation of
any such association shall not be deemed to be effective and
shall not be filed with the State of New York, unless approved by
the Town Board.
(4) Approval of the final site plan shall contain
requirements for landscaping and plantings as may be reasonably
required by the Town Board or the Planning Board.
(5) A letter of credit, in a form and in an amount
acceptable to the Town Supervisor, the Town Engineer, and the
Town Attorney, shall be received by the Town for the completion
of Harwick Road identified as Sunnyslope Lane as shown on a map
entitled "Eastwood Commons - Phase III, Honness Lane, Ithaca, New
York, Site Development Plan, Sheet S-1, " dated November 12 , 1986
by Schickel Design Company, Inc. Sunnyslope Lane shall be
completed from Harwick Road northwesterly to a point 280 feet
from the intersection of its center line with the center line of
Harwick Road. Such letter of credit shall also cover the
completion of the utilities, landscaping, and other site work
required for the completion of Buildings 30 and 31 and the
completion of the Pavilion as all of the above may be approved by
the Planning Board. Such letter of credit shall be so received
prior to the issuance of any building permits for Phase III of
Eastwood Commons. No certificate of occupancy and no more than
the building permits necessary for the construction of Buildings
30 and 31 and the Pavilion shall be issued for any structures in
Phase III of Eastwood Commons until Harwick Road and the road
presently identified as Sunnyslope Lane are constructed to Town
specifications in the locations and for the distances set forth
above. Any of the requirements set forth in this subparagraph
(5) may be modified or waived by application to the Planning
Board.
C. The water and sewer plans for each phase shall be
approved by the Tompkins County Health Department and the Town of
Ithaca Planning Board prior to the issuance of any building
permits for such phase.
D. (1) A plan for the drainage of the rezoned area
and the Eastwood Commons development, in general, shall be
approved by the Town Board or in accordance with regulations to
be adopted by the Town Board or in accordance with any
requirements contained in any resolution approving the final site
plan. Drainage plans, in such detail as may be required by the
Town, will be submitted for each phase, prior to construction.
Such drainage plans shall include drainage improvements both on
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the rezoned parcel and outside the boundaries of said parcel and
shall include such drainage improvements as may be required to
correct drainage problems which may occur after the construction
on the site has either been commenced or completed. The final
site plan shall not be approved and no approval shall be endorsed
upon any subdivision map of this development unless such drainage
plan has been approved as aforesaid. No building permit shall be
issued for the construction of any dwelling units unless all
required drainage has been constructed or planned to the
satisfaction of the Town Board. The applicant shall, at his own
expense, obtain all easements required for such drainage plan.
(2) Any regulations adopted by the Town Board
shall contain such additional provisions as may be reasonably
required to effectuate the foregoing.
E. (1) Adequate, finished parking spaces shall be
provided at the ratio of 1.5 parking space for each dwelling
unit. No such parking space shall be constructed or located
within the boundaries of any public street or highway.
F. (1) The final site plan presented for approval
will include suitable provisions for active recreational space
for children.
6. It is determined that the number of dwelling units
permitted in this multiple residence zone shall not exceed 176 in
number, and shall be subject further to the following
requirements:
(a) Each such dwelling unit shall be used and occupied
only as a single family dwelling; the provisions of the Zoning
Ordinance relating to occupancy of any one single family dwelling
unit shall apply to each dwelling unit in this development,
except that, in addition to each family, not more than one
roomer, boarder, lodger or other occupant shall be permitted to
occupy each such dwelling unit.
(b) Such units shall be built in clusters not
exceeding four units in each cluster, provided, however, that the
Town of Ithaca Planning Board in its discretion may authorize up
to six units in each cluster in Phase III of such development if
It finds such cluster or clusters are compatible with the overall
design, density, and character of the earlier phases of the
Eastwood Commons development.
(c) Unless waived by the Town of Ithaca Planning Board
or unless a variance is granted by the Town of Ithaca Zoning
Board of Appeals, no building in this zone shall exceed two
stories in height above ground level.
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(d) Each such cluster shall be located as shown on the
final site plan, as finally approved.
7 . It is understood that the Eastwood Commons development
shall be constructed in accordance with the following phases:
(a) Phase 1 shall include not more than 40 units.
(b) Subsequent phases shall be planned in relation to
sales.
(c) Prior to the application to the Town Planning
Board for final site plan approval for each phase, the applicant
shall submit his plans to the Town Planner who shall review the
same and make recommendations to the Town Planning Board.
8. Any determination which is to be made by the Town Board
hereunder, may be delegated to the Town Planning Board, insofar
as such delegation is lawfully permitted.
9. The Zoning Map of the Town of Ithaca shall be changed to
show the boundary lines of the Multiple Residence District
established by this Resolution.
10. The lands which are the subject of this resolution are
now reputedly owned by Enos Pyle. William Schickel and Norbert
Schickel, d/b/a Schickel Environmental Development Company, a
general partnership, 100 Fairview Square, Ithaca, New York, have
represented to the Town Board that they have exercised their
option to purchase the said parcel. This resolution is being
adopted on the representation of the applicants that they have
exercised their option to purchase the said parcel and to develop
it in accordance with the preliminary site plan filed with the
Town Board, and said resolution has also been adopted on the
general representations made by the applicant to the Planning
Board and the Town Board.
11. If title to the rezoned lands is not conveyed within
one year from the date hereof by Enos Pyle to said William
Schickel and Norbert Schickel as such general partners or to a
corporation or other legal entity owned or controlled by said
William Schickel and Norbert Schickel, the Town Board, upon
application of any resident of the Town, including any member of
the Town Board, shall initiate and complete procedures to amend
the Zoning Ordinance to change the classification of the said
lands to the classification in effect prior to the adoption of
this resolution.
12 . The Town Clerk is directed to publish this Resolution
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} in the Ithaca Journal and the foregoing Resolution shall
constitute an ordinance amending the Town of Ithaca Zoning
Ordinance and shall take effect 10 days after the publication
thereof pursuant to Section 264 of the Town Law.
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Ithaca, County of Tompkins and State of New York, being located
on Honness Lane, being bounded and described as follows:
BEGINNING at a point in the northerly right of way of
Honness Lane, said point being the southeast corner of lands of
Roberts and recorded in the Tompkins County Clerk's Office in
Liber 315 of Deeds at page 273 ; running thence North 06' 18' 04"
East along said Roberts, a distance of 325. 37 feet to a point;
running thence North 83 ° 31' 21" West, a distance of 354 .21 feet
to a point; running thence North 07° 25' 30" East, a distance of
966. 12 feet to a point in the center line of a creek; running
thence easterly along the center line of said creek having a
chord bearing of South 81° 45' 22" East for a distance of 248 . 30
feet to a point in said center line of the creek; running thence
South 07° 25' 30" West, a distance of 342 .82 feet to a point;
running thence South 18' 00' 06" East, a distance of 130. 0 feet
to a point; running thence North 71' 59' 54" East, a distance of
150. 00 feet to a point on the former right of way of E.C. & N.
Railroad; running thence South 18° 00' 06" East along said right
of way, a distance of 666. 12 feet to a point; running thence
South 68° 18' 25" West, a distance of 120. 40 feet to a point;
running thence South 67° 09' 45" West, a distance of 345. 20 feet
to a point; running thence South 60° 00' 58" West, a distance of
122 . 33 feet to a point; running thence North 84 ° 00' 29" West, a
distance of 150. 00 feet to a point; running thence South 06' 18 ,
04" West, a distance of 264. 00 feet to a point in the above
mentioned right of way of Honness Lane; running thence North 84 '
19' 02" West along said right of way of Honness Lane, a distance
of 50. 0 feet to the point or place of beginning; containing 18. 9
acres of land, more or less.
The above described premises are more particularly shown on
a survey map entitled "MAP SHOWING A PORTION OF LANDS OF ENOS
PYLE, " made by F. Donald McKee, Land Surveyor #32422, dated June
20, 1972, revised July 26, 1972 , a copy of which has been filed
with the Town Clerk.
3
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LOCAL LAW NO. 3 - 1983
A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA
BY CHANGING THE ZONING CLASSIFICATION TO MULTIPLE RESIDENCE
DISTRICT FROM A RESIDENCE DISTRICT R15 A PARCEL OF LAND IN THE
TOWN OF ITHACA. TOMPKINS COUNTY NEW YORK LOCATED ON THE NORTH
SIDE OF EAST KING ROAD DESIGNATED ON THE CURRENT TAX ASSESSMENT
MAP OF THE TOWN OF ITHACA ON PARCEL NO. 44-1-4 3 (as amended by
Local Law No. 3 - 1987 and Local Law No. 6 - 1988) .
SECTION 1. CHANGE OF ZONING DISTRICT. DESCRIPTION OF PARCEL.
A Multiple Residence District is hereby established encompassing
the parcel consisting of about 30 acres of land located on the
north side of East King Road and designated on the current tax
assessment map of the Town of Ithaca as Tax Parcel 44-1-4 . 3 more
particularly described in Schedule A entitled "Description of
Parcel on the north side of East King Road which is established
by this Local Law as a Multiple Residence District. "
SECTION 2 . LEGISLATIVE BASIS AND PURPOSE OF THIS LAW.
A. RESOLUTION
This Local Law has been enacted pursuant to the Resolution
adopted by the Town Board on February 7, 1983 , a copy of which is
attached hereto. Provisions of said Resolution constitute
findings, determinations and statements of purposes for the
enactment of this law.
B. TOWN ZONING ORDINANCE PROCEDURE FOR ESTABLISHMENT OF
MULTIPLE RESIDENCE DISTRICT.
a. Article IX of the current Zoning Ordinance (adopted
February 12 , 1968, effective February 26, 1968) sets
forth the procedure for the establishment of the
Multiple Residence District and authorizes the Town
Board to establish a Multiple Residence District by
defining the boundaries thereof, approving the general
site plan and imposing any modifications and additional
requirements as the Town Board may determine.
SECTION 3 . MODIFICA`I+IONS AND ADDITIONAL REQUIREMENTS
A. The provisions of paragraphs "A", "B", and "C" of Section 1
of the Resolution referred to above which is attached hereto
contain modifications, conditions, and requirements relating
to the rezoning of the subject parcel into a Multiple
Residence District and its development by the construction
thereon of multiple family units. The aforesaid paragraphs
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"A", "B", and "C" are incorporated into this Local Law and
made a part hereof as if they had been set forth in the body
of the text rather than an Appendix thereto and they shall
apply to the rezoning and the development of the subject
parcel except as they may be specifically modified or added
to by subsequent provisions of this Local Law.
B. PROVISIONS AS TO THE 6 ACRE PARCEL BUFFER ZONE, ON THE
WESTERLY SIDE OF THE SUBJECT PARCEL CONTAINED IN SAID
RESOLUTION, ARE AMENDED AS FOLLOWS:
1. The provisions of Section 1.C. i are expanded to include
the requirement that no trees or shrubbery shall be cut
unless the owner of the parcel has obtained the duly
authorized consent of the Town Planning Board. The
owner shall give a written notice of at least 4 weeks
to the Town Engineer or such other person or agency of
the Town as the Town Planning Board may designate
requesting the consent of the Town Planning Board and
setting forth the management practices which would
require such action to be taken. The Town Planning
Board shall review the request and act promptly in
giving or denying its consent.
2 . The driveway referred to in Section 1.C.ii. shall not
be constructed until a building permit has been
obtained from the Town Engineer in accordance with the
provisions of the Town Board Resolution concerning this
matter.
3 . The Town Planning Board may require the owner of the
subject parcel to submit information and documents from
time to time in order to determine that there is
compliance with the requirements of this law.
C. No buildings and residential units in excess of those
approved by the Town Planning Board on January 18, 1983
shall be permitted and the construction, development and use
must comply in all respects with the site plans and
conditions of approval and rezoning adopted by the Town
Planning Board on January 18, 1983 and by the Town Board on
February 7, 1983 and with the Revised Plan as approved by
the planning Board on January 20, 1987, and no variance in
the construction, development, and use of the parcel shall
be permitted except as may be permitted by the Town Planning
Board, or by the Zoning Board of Appeals or, by such person
or agent of the Town as the Planning Board may designate in
the case of such minor changes which do not increase the
size or scope of the project or vary the intended use of the
site.
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SECTION 4 . RECLASSIFICATION OF ZONING.
A. The sovereign power of the Town to enact and amend the
Town's Zoning Regulations is not affected by the enactment
of this Local Law. Without limiting the foregoing
declaration, the Town, at the option of the Town Board, may
review the status of the development of, and the extent of
construction of improvements on, the subject parcel and
other factors reasonably affecting the area and community
within which the subject parcel is located, the protection
and enhancement of the Town's physical and visual
environment and to promote the government, protection, and
the health, safety and well-being of the inhabitants or
property in the Town, and, at its option, the Town Board may
amend the Town Zoning Regulations by changing the
classification of the subject parcel or any portion thereof,
to a Residential R15 or such other district as the Town
Board may determine.
B. The Town now makes a legislative finding that the owner
would reasonably require a period ending September 30, 1991,
to commence and complete the construction of the Phase or
Stage I and II improvements on the project as shown on the
Preliminary Plat of the Butterfield Cluster Subdivision made
by George Schlecht, P.E. , L.S. dated April 5, 1988, as the
same may be hereafter modified with the approval of the
Planning Board in accordance with other provisions of the
law.
C. Any building permit issued subsequent to the enactment of
this law may be revoked or modified at the option of the
Town Planning Board if:
(i) construction of Phases or Stages I and II has not been
substantially commenced by October 1, 1988, or
(ii) construction of Phases or Stages I and II has not been
substantially completed by September 30, 1991.
The time within which such building permit shall be
effective may be extended, if good cause is shown, by the
Town Planning Board.
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SCHEDULE A
DESCRIPTION OF PARCEL ON THE NORTH SIDE OF EAST KING ROAD WHICH
IS ESTABLISHED BY THIS LOCAL LAW AS A MULTIPLE RESIDENCE DISTRICT
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
County of Tompkins, State of New York, being a part of Military
Lots 89 and 99 (Old Town of Ulysses) and described as follows:
Beginning at a point in the northeasterly boundary of the
existing King Road East (County Road No. 179) said point being
the following two courses and distances from the intersection of
the northerly boundary of the existing King Road East and the
westerly boundary of the existing Troy Road; thence (1) North 820
02 ' 47" West 1081.53 feet and thence (2) westerly and
northwesterly on a curve to the right having a radius of 975. 0
feet, a distance of 211. 07 feet to the point and place of
beginning of the premises intended to be described herein; thence
(1) northwesterly on a curve to the right having a radius of
975. 00 feet a distance of 235. 12 feet; thence (2) North 55' 49'
33" West along the said northeasterly boundary of the existing
King Road East a distance of 1731. 85 feet to a point on the
division line between the property of Schuylkill Inventors, Inc. ,
on the east and the property now or formerly owned by Cornell
University on the west; thence (3) North 90 18' 00" East along
said division line a distance of 455. 00 feet to a point; thence
the following fifteen courses and distances through the property
now or formerly owned by Schuylkill Investors, Inc. :
(1) North 57 ' 01' 43" East, a distance of 221. 09 feet; thence
(2) South 79, 16' 23" East, a distance of 327 . 73 feet; thence
(3) North 85° 47' 58" East, a distance of 177 . 48 feet; thence
(4) South 16° 55' 39" East, a distance of 96. 17 feet; thence
(5) South 530 58' 21" East, a distance of 163 . 22 feet; thence
(6) South 48° _57' 27" East, a distance of 225. 40 feet; thence
(7) South 23 ° 01' 32" East, a distance of 217 . 31 feet; thence
(8) South 390 37' 09" East, a distance of 708. 82 feet; thence
(9) South 67° 50' 59" East, a distance of 122 . 00 feet; thence
(10) South 34° 54' 43" East, a distance of 234. 14 feet; thence
(11) South 37' 07' 34" East, a distance of 268. 40 feet; thence
(12) South 52 ° 52 ' 26" West, a distance of 40. 00 feet; thence
(13) North 37' 07' 34" West, a distance of 293 . 00 feet; thence
(14) South 38° 30' 36" West, a distance of 208. 19 feet; thence
(15) South 250 27' 00" West, a distance of 126. 43 feet to the
point or place of beginning, containing 30.566 acres of land.
For further description, reference is hereby made to a map of
King Road Development Corporation made by Erdman, Anthony
Associates, Consulting Engineers, Rochester, New York, dated May
15, 1973 .
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RESOLUTION CONSIDERING AN APPLICATION FOR THE AMENDMENT OF THE
TOWN ZONING ORDINANCE BY REZONING FROM RESIDENTIAL 15 TO MULTIPLE
RESIDENCE DISTRICT A PARCEL OF LAND LOCATED ON THE NORTHERLY SIDE
OF EAST KING ROAD, 30+ ACRES, TAX PARCEL 6-44-1-4 . 31, NOW
REFERRED TO AS MAJESTIC HEIGHTS, MADE BY BILL J. MANOS,
APPLICANT, OWNER AND DEVELOPER. (As amended through February 9 ,
1987) .
RESOLUTION NO. 13
Motion by Councilman Cramer; seconded by Councilwoman
Raffensperger;
WHEREAS,
1. The applicant, Bill J. Manos, has applied to the Town Board
to rezone from a Residential 15 District to a Multiple Residence
District, a parcel of land consisting of approximately 30 acres
of land, designated as tax parcel 6-44-1-4 . 31, and which is
located on the northerly side of East King Road, and
2 . The applicant has presented to the Planning Board and
received final site plan approval for the construction of 17
buildings which will contain a total of 119 dwelling units in the
proportion of three (3) 2-bedroom units to four (4) 1-bedroom
units, and one service building which will contain storage space
for the occupants of each dwelling unit, a laundry, and storage
space for necessary maintenance equipment, and a one family
dwelling which will be built for and initially occupied by Mr.
Manos and his family, and
3 . The applicant has complied with the provisions of Local Law
#3-1980 relating to the environmental review of actions in the
Town of Ithaca and the Planning Board as lead agency has
conducted a coordinate SEQR review on both the application for
rezoning and the site plan review and has determined that the
project as proposed and the amendment of the Zoning Ordinance
will have no significant environmental impact and a notice of
such determination has been filed with all interested agencies,
and
4 . The Town Planning Board has recommended the adoption of the
amendment to the Zoning Ordinance creating the Multiple Residence
District and has given final approval to the site plan, and
5. The Town Board has reviewed the site plan approval, the
minutes of the proceedings held by the Planning Board and all
other relevant documents and has complied with all requirements
of law governing the giving, posting and publishing of the notice
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of intention to amend the Town Zoning Ordinance and to hold a
public hearing in connection therewith for the purpose of this
project, and
6. It has been determined that there is a need for an increase
in renting housing in the Town of the type which will be afforded
by the Manos development, and
7. Cornell University has been interested in the development of
these lands because of their proximity to the South Hill Swamp
and a parcel of land having ecological significance which is
owned by Cornell University, Tax Parcel 6-44-1-3 ; but Cornell and
the applicant have reached mutual agreement regarding pertinent
aspects of the construction, development, and use of lands for
the purposes of this project, including, amongst other matters,
the setting apart by the applicant of a buffer zone, shown on the
site plan filed in the office of the Town Engineer January 18 ,
1983 , and containing approximately six acres, and adequate
provisions for drainage and limitation on the construction and
use of a twenty-five (25) foot lane in or adjacent to the buffer,
and a further limitation on permitting pets and the use of
herbicides, pesticides, chemicals and similar matters;
THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. The Town Attorney shall prepare an ordinance or local law
which shall provide for the amendment of the Zoning Ordinance of
the Town of Ithaca by changing the parcel consisting of 30+
acres, Tax Parcel 6-44-1-4 . 31 as shown on the maps and site plans
submitted to and approved by the Planning Board and now on file
in the Town Offices from Residential 15 to Multiple Residence,
with particular reference to the following conditions and
matters:
A. The applicant shall submit a surveyor's map satisfactory
to the Town Engineer and Town Attorney together with a proposed
description which will sufficiently identify the rezoned parcel ,
and
B. The project shall be constructed, developed and used in
accordance with the site plans approved by and filed with the
Planning Board, and in accordance with the site plans approved by
and filed with the Planning Board, and in accordance with the
final landscaping, engineering, and site plans which reflect all
the concerns and requirements of the Planning Board concerning
fire safety, environmental quality, energy efficiency, aesthetic
suitability, screening and protection of parking areas, soil
stabilization of disturbed grounds and other matters which fall
within the Planning Board's properly delegated site plan review
powers, and in accordance with the conditions of this resolution,
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1 and the conditions, provisions, and requirements of all
> applicable laws, ordinances, codes, rules and regulations, and
C. With particular relevance to ecological matters, the
applicant shall comply with the requirements and mitigating
measures set forth in Part III of the Environmental Assessment
Form filed in the SEQR proceedings conducted by the Planning
Board on January 18, 1983, [See amendments to these requirements
contained in 1987 Local Law Number 3] and, without limiting the
generality of any other provisions contained in this resolution,
i. The applicant shall maintain the buffer zone consisting
of about 6 acres on the westerly side of the applicant's lands as
shown on the site plans and map; such parcel shall be maintained
in its natural state and no trees or shrubbery shall be cut
except as may be required by good forest management practices; no
improvement shall be erected thereon and suitable signs shall be
erected identifying the perimeter of the parcel and forbidding
trespassing, and
ii. The applicant may construct a driveway running
northerly from East King Road along the easterly side of the said
six acre parcel shown on the site plan and map; such road shall
be constructed in accordance with the specifications of the Town
Engineer and shall not exceed twenty-five (25) feet in width, and
iii. The use of such driveway shall be limited to access
for persons and vehicles to and from East King Road to the
northerly portion of only those lands of the applicant which are
the subject of this resolution and it may not be extended beyond
the northerly boundary of such lands of the applicant, and
iv. The driveway is for the benefit of the owner of the
subject parcel and the occupants of such lands; no right to use
such driveway for the benefit of or for ingress to or from any
other land shall be permitted, and
V. Applicant has informed the Town Board that he has an
option to acquire adjacent lands on the north of the subject
parcel, the descriptions and area of which have not been divulged
to the Town; this section of the resolution is not intended to
deprive the present applicant of his right to seek a review of
the provisions concerning the driveway, whether in connection
with an application for a site plan or subdivision approval or
otherwise, and the proposed legislation should contain certain
provisions that will insure that additional use of the driveway,
as now approved, through the subject parcel shall be reviewed by
the Planning Board, only if the present applicant seeks such
review in connection with the acquisition of title to the
adjacent lands on the north by the present applicant and that
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whether or not such additional use shall be permitted is not
guaranteed in advance but shall be a matter of determination by
the appropriate governmental body at the time, and
vi. With the exception of pets such as birds, fish or caged
animals, pets shall not be permitted on the premises; the
intention of this restriction is to prohibit the presence of
animals which may cause ecological damage to flora and fauna in
the swamp area, and
vii. The applicant's leases shall contain suitable
provision prohibiting pets and advising occupants about the
conditions against trespassing in the buffer area and stressing
the importance of protecting the South Hill Swamp from any
adverse impact because of unauthorized use by the public, and
viii. The Applicant agrees to minimize the use of
pesticides and other chemicals such as road salt or calcium
throughout the project area in order to limit the possibility
that significant levels may intrude into the groundwater of the
South Hill Swamp and thereby alter the ecological balance within
the sensitive area, and
ix. The applicant agrees to consult and work with the staff
of the Cornell Plantations or other Cornell representatives in
order to insure the continued hydrological integrity and
stability of the South Hill Swamp, and
D. The proposed legislation shall provide that the change
in zoning from Residential 15 to Multiple Residence District has
been enacted by the Town Board on the condition that no buildings
and residential units in excess of those approved by the Planning
Board, and by this resolution, shall be permitted and that the
construction, development and use must comply in all respects
with the site plans and conditions of approval and rezoning
adopted by the Planning Board and the Town Board and no variance
in the construction, development and use of the parcel shall be
permitted except as may be permitted by the Town Planning Board
with the approval of the Town Board.
E. The foregoing provisions shall also be deemed to be
findings, agreements and conditions on the basis of which this
resolution was adopted.
F. This resolution does not constitute an amendment to the
Zoning Ordinance but is instead an authority to the Town Attorney
and Planning Staff to prepare suitable legislation relating to
the above proposal, keeping in mind the matters concerning which
the Town Board has particular concerns.
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LOCAL LAW NO. 2 - 1984
A LOCAL LAW AMENDING SECTION 1, OF ARTICLE II OF THE TOWN OF
ITHACA ZONING ORDINANCE BY ADDING TO THE LIST OF PERMISSIBLE
DISTRICTS WHICH MAY BE DESIGNATED AS SPECIAL LAND USE DISTRICT
(LIMITED MIXED USE) .
Section 1. This Local Law amends Section 1 of Article II of the
Town of Ithaca Zoning Ordinance by adding to the list of
permissible districts which may be designated as Special Land Use
District (Limited Mixed Use) .
Section 2 . The uses permitted in such district will be such a
combination of the uses permitted in a residential and
agricultural district and in Business Districts A, B, and E as
the Town Board may permit. The diverse uses must be combined in
a unified plan.
Section 3 . The establishment of any such district shall lie in
the sole discretion of the Town Board, as a legislative body. It
shall be established by amending the Zoning Ordinance to permit
such establishment. The enactment and establishment of such a
district shall be a legislative act. No owner of land or other
person having an interest in land shall be entitled as a matter
of right to the enactment or establishment of any such district.
Section 4 . The provisions of the Zoning Ordinance and Planning
Board Regulations, as they may be amended from time to time, and
any other regulations, orders, rules and resolutions shall apply
to the establishment of any such district. In addition, the Town
Board may impose such conditions and restrictions governing the
establishment and regulating the use of land in any such district
as the Town Board deems necessary and desirable.
Section 5. Subject to the provisions below, the procedures
governing an application for site plan approval as provided in
Section 46 and 46 (a) shall apply except that:
(a) Before submitting a general site plan to the
Planning Board, the applicant shall submit the general
site plan to the Town Board.
(b) The Town Board, in its discretion, may require
additional information, may refer the matter to the
Planning Board for recommendation, or may establish a
public hearing date on the proposed district.
(c) No application for the establishment of any such
district shall be referred to the Planning Board except
by the Town Board.
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(d) The Town Board may impose other procedural
requirements with respect to any application or with
respect to a specific application as the Town Board may
deem necessary and desirable.
Section 6. Projects such as the Wiggins' "La Tourelle" Project,
the Rocco Lucente Sapsucker Woods Project and the Lake Shore West
Project which have been in the process of being reviewed by the
Town Board and the Planning Board shall be deemed to have been
referred to the Planning Board and the Town Board may amend the
Zoning Law to establish such Special Land Use Districts, if final
approval or recommendation has been made by the Planning Board.
Section 7 . If any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
Section 8 . This law shall take effect immediately.
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LOCAL LAW NO. 3 - 1984
A LOCAL LAW RELATING TO THE WALTER J. AND JOYCE Y. WIGGINS' LA
TOURELLE DEVELOPMENT ON ITHACA-DANBY ROAD (ROUTE 96B) AMENDING
THE ZONING ORDINANCE TO PERMIT CONSTRUCTION OF A BED AND
BREAKFAST INN (as amended by Local Law 11 - 1988)
WHEREAS
1. The Planning Board has extensively reviewed the proposed "La
Tourelle" development of Walter J. and Joyce Y. Wiggins at
public hearings duly and properly held during the Winter and
Spring of 1984 .
2 . On June 5, 1984, the project was granted Final Site Plan
Approval by the Planning Board.
3 . All necessary environmental reviews have been completed,
after which it was determined that the project would have no
significant impact on the environment.
4 . The Planning Board has determined that:
(a) There is a need for the proposed use in the proposed
location.
(b) The existing and probable future character of the
neighborhood will not be adversely affected.
(c) The proposed change is in accordance with a
comprehensive plan of development in the Town.
5. The Planning Board has recommended that the Zoning Ordinance
be amended to permit this development as proposed and
reviewed.
NOW THEREFORE BE IT RESOLVED:
1. That Article II, Section 1, of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the
permissible districts itemized in said Section a district
designated as "Special Land Use District #k1".
2 . In the event that the Town should further amend the Zoning
Ordinance by adding to the list of permitted Districts a
Special Limited Mixed Use District, the District described
by this Local Law shall be designated as such a Mixed Use
District.
3 . The uses permitted in this Special Land Use District are:
(a) Any use permitted in a Residential District R15.
(b) The operation of a hotel or motel to be used as a Bed
and Breakfast Inn, with site plan approval by the
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Planning Board.
(c) The existing construction and use of that portion of
the premises now used and occupied as the L'Auberge du
Cochon Rouge restaurant and the Barn Apartments as
shown on the final site plans and/or the survey map of
"A Portion of the Lands of Walter J. and Joyce Y.
Wiggins", dated July 3 , 1984.
4 . This Special Land Use District includes all lots and area
requirements of Residential District R15 except as modified
below:
(a) Side Yards: May not be less than 30 feet.
(b) Spaces between Buildings: The distance between any two
structures shall be no less than the average height of
both, except that a shorter distance may be allowed if
the resulting space is to be used and maintained as a
fire lane.
(c) Height: No structure shall be greater than 55 feet
from the lowest point at grade to the highest point on
the roof line.
(d) Storeys: No more than two storeys. However, as many
as four dwelling units may be constructed in the
basement of the first phase of the development.
5 . Notwithstanding the provisions of Section 3 , above, the
- � following particular covenants and restrictions shall govern
the use of the lands in this Special Land Use District #1,
otherwise known as "La Tourelle, a Bed and Breakfast Inn" .
(a) The only new construction and use permitted in the
above district shall be a hotel or inn containing no
more than 80 units for guests, and the following
additional facilities, all of which construction may
occur in phases:
(i) Tennis courts, enclosed or otherwise.
(ii) Swimming pools. (For guests of the inn)
(iii) Cabanas or other similar accessory structures
related to tennis courts and swimming.
(iv) Pond or other body of water.
(v) Restaurant or other food service establishment.
(b) The exterior design, specifications, and plans for the
buildings and other improvements to be constructed on
the premises and the development of the grounds and
construction of all outside facilities including
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lighting and signs shall be limited to those shown on
the final site plan approved by the Planning Board,
June 5, 1984, and subsequent amendments thereto
approved by the Planning Board, and on other designs,
architects' drawings, plans, and other documents
submitted to and approved by the Planning Board, and
shall be in accordance with all such documents.
(c) A building permit is required for the construction of
any structure or building on the premises included in
the special land use district including construction of
parking areas, swimming pools, signs and outdoor
lighting facilities. Such permits shall not be issued
until the Planning Board has approved the design,
specifications and site plan for such structures or
buildings.
(e) No portion of the outside area of the Special Land Use
District shall be used for the service of food or
beverages, nor any public assembly, nor dancing or
musical activities; except as follows:
(1) At any time subsequent to the adoption of this
Local Law the Town Board may adopt regulations by
resolution or by amendment of the Town Zoning Law
1 to implement the provisions of this Local Law,
which may also include a requirement that the
owner or his duly authorized representative,
obtain a special permit from a person designated
by the Town Board for that purpose to permit the
use of portions of the outdoors area in the
immediate vicinity of the La Tourelle structure
for limited, temporary or occasional serving of
food and beverage for the guests of La Tourelle
for special occasions such as weddings or other
social occasions. Such regulations shall be
adopted only after a public hearing has been held,
notice of which has been published in the Official
Newspaper, at least 5 days prior to such hearing
and written notice thereof has been mailed or
delivered personally to the owner of the above
project, or to his duly authorized representative,
and to such other owners of property, as the Town
Board may direct. Until such time as such
regulations may be adopted, the lands may be used
for the outdoor activities, as described above,
without a permit.
(f) All ambient noise associated with the use of this
property shall be regulated by Article VIII, Section 42
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of the Zoning Ordinance.
(g) Ingress and egress shall be through the driveway
leading to state Highway Route 96B past the restaurant
as shown on the final site plan and survey map dated
July 3 , 1984.
(h) All construction must comply with all applicable laws,
codes, ordinances, rules and regulations.
(i) These covenants may be enforced by the owner of any
land lying within 500 feet of the boundaries of this
district, and/or by the Town of Ithaca.
(j ) The above restrictive covenants shall run with the land
and shall be incorporated in a document which shall be
signed by the Owner and recorded in the Tompkins County
Clerks Office. No portion of the building shall be
occupied or otherwise used unless a valid Certificate
of Occupancy has been issued.
6. This Special Land Use District shall be added and hereby is
added to the Official Zoning Map of the Town of Ithaca at
the location given in Schedule A below.
- 7 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity
of the remaining portions shall not be affected by such
declaration of invalidity.
8. The Town reserves for itself, its agencies, and all other
persons having an interest, all remedies and rights to
enforce the provisions of this law, including, without
limitation, actions for an injunction or other equitable
remedy, or action and damages, in the event the owner of the
parcel covered by this law fails to comply with any of the
provisions thereof.
9. This law shall take effect immediately.
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SCHEDULE A•
REVISED DESCRIPTION OF PORTION OF LAND OF
WALTER J. AND JOYCE Y. WIGGINS
TO BE REZONED
Situate in the Town of Ithaca, County of Tompkins, State of New
York.
Beginning in the center line of New York State Route 96B at the
southeast corner of lands of Laurent and Kaethe Bessou,
designated as Tax Parcel No. 6-36-1-4 . 3 :
1. Thence southerly along said center line 435' more or less,
to the northeast corner of property of Irene Stout,
designated as Tax Parcel No. 6-36-1-5;
2 . Thence westerly 200' more or less, to the northwest corner
of said Stout property;
3 . Thence southerly 100' more or less, to the southwest corner
of said Stout property and the north line of lands of
Fairview Manor Realty Co. , Tax Parcel No. 6-36-1-6;
4 . Thence westerly in part along a northerly property line of
lands of Fairview Manor Realty Co. , and designated as Tax
Parcel No. 6-36-1-6, 1100' to a point;
5. Thence northerly through the lands of Wiggins, 935' more or
less to the southerly boundary of lands now or formerly of
Anthony Leonardo, designated as Tax Parcel No. 6-37-2-20. 2 ;
6. Thence easterly along Leonardo's southerly line 600' to a
point;
7 . Thence southerly, in part along the west line of Bessou's
property (designated as Tax Parcel No. 6-36-1-4 . 3) 400' more
or less to their southwest corner;
8 . Thence easterly along Bessou's southerly line, 700' more or
less to the center line of Route 96B and the Point of
Beginning.
Containing 20.3 acres, more or less. ,
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LOCAL LAW NO. 4 - 1984
A LOCAL LAW RELATING TO ROCCO LUCENTE - SAPSUCKER WOODS ROAD
SUBDIVISION AMENDED TO THE ZONING ORDINANCE TO PERMIT CONVERSION
OF 14 DWELLING UNITS (as amended by Local Law 6 - 1985)
RESOLVED•
That the Town Board of the Town of Ithaca enact and hereby does
enact this Local Law to amend the Zoning Ordinance of the Town of
Ithaca to permit the 14 existing buildings located at 108 through
230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No. 6-70-10-
3 . 12 through 6-70-10-3 . 25, owned by Rocco Lucente and more
particularly described in Schedule A of this Resolution, to be
modified to permit the conversion of each existing building to no
more than four (4) dwelling units subject to the following terms
and conditions:
1. ZONE DESIGNATION OF AREA
The area covered by this Local Law shall remain Residence
District R15 and all provisions of the Town Zoning Ordinance, as
amended, shall govern, except as otherwise modified by this
resolution or any law or ordinance adopted pursuant thereto.
2 . CONVERSION OF DWELLING UNITS
Each of the 14 buildings may be converted into no more than four
(4) dwelling units, consisting specifically of two (2) , two-
bedroom dwelling units and two (2) , one-bedroom dwelling units,
as more particularly shown on the final building plan and final
site plan approved by the Planning Board and subject to any other
requirements of the Planning Board, and the Town Board.
3 . CONVERSION PERIOD
(a) The conversion of the 14 structures must be completed
within five (5) years of the adoption of this Local
Law. Any structure which has not been converted within
this five (5) year period may not be later converted or
remodelled to contain more than two (2) dwelling units
and the present owner, Rocco Lucente, or any of his
successors, distributees, assigns, or other
transferees, shall have waived and surrendered any
prior right to rent, and he or they are specifically
prohibited from renting, such building to a greater
number of occupants, including unrelated occupants,
than is allowed in a Residence District R15 for two (2)
family houses, under the current provisions of the Town
Zoning Ordinance as of the date of the adoption of this
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Local Law.
(b) The process of conversion shall be planned so that
there shall be no more than four (4) structures
uncompleted at any time, except that the planting of
trees and shrubbery on any lot may be postponed to a
more favorable season, but no more than twelve (12)
months after completion of the conversion.
4 . OCCUPANCY RESTRICTIONS
(a) Except as stated in paragraph 3 (a) , occupancy of each
of the two (2) one-bedroom dwelling units in any
converted structure shall be limited to one household
(or family) , which is defined either as 'any number of
persons related by blood or marriage, including adopted
children' or 'no more than two unrelated persons
occupying a single dwelling unit. '
(b) Except as stated in Paragraph 3 (a) , each of the two (2)
two-bedroom dwelling units in any converted structure
shall be occupied by no more than one household or
family, as described above, plus one unrelated person.
(c) After the conversion, remodelling, or modification of
any such structure has begun pursuant to a valid
building permit, the structure shall not be occupied or
leased other than in conformance with the requirements
of this Resolution.
5. CONVERSION INTO LESS THAN FOUR UNITS
In the event any structure is, at any time, converted to less
than four dwelling units, the conversion shall be final, and any
such structure shall thereafter contain no more than such lesser
number of units into which the building was converted and the
number of such dwelling units in such structure shall not be
thereafter increased. For example, any structure converted into
3 or 2 dwelling units shall thereafter continue to be used and
occupied only as a 3 or a 2 dwelling unit structure, as the case
may be.
6. DESTRUCTION OF BUILDING
If any converted building is partially or substantially destroyed
or damaged by fire or other "act of God, " the owner may rebuild a
structure of similar design and dimensions, having no more than
the number of dwelling units it contained immediately prior to
such damage or destruction.
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7. OWNER OCCUPANCY
At least one dwelling unit in each of the structures, after any
conversion as provided herein, shall, within twenty-four months
of the issuance of a Certificate of Occupancy issued in
connection with such conversion be owner-occupied. Such owner,
however, must qualify as a household (or family) as defined
herein. If, thereafter, a structure is not occupied by the owner
then the structure may be occupied only as permitted by , the
regulations of a Residential District R-15 for a two-family
dwelling as if this amendment to the Zoning Ordinance had not
been adopted. Notwithstanding the foregoing, however, after the
premises have been owner-occupied for at least four consecutive
years, at the owner's option the premises may be leased and non-
owner occupied for a period of up to twelve months out of each
consecutive periods of sixty months.
8 . PARKING
(a) Parking of automobiles may be permitted in the front
yard in areas designated therefor.
(b) The number of automobiles and the spaces which shall be
provided for each building shall be six (6) , at least 2
of which shall be in an enclosed garage and the
remainder .of which shall be parked in the front yard.
No more than one automobile shall be parked in each
space.
(c) The location and materials of each parking space and
driveway shall be located and constructed in accordance
with the requirements of the Town Planning Board as
shown on the final, approved site plan, or as otherwise
provided by the Planning Board.
(d) Parking spaces and driveways must be maintained in good
repair and neat condition at all times.
9. RESTRICTIVE COVENANTS AND OCCUPANCY
(a) No building shall hereafter be occupied by any occupant
either as an owner, or his household or family or his
lessee, until:
(1) A document containing restrictive covenants
substantially as provided herein and containing
such additional provisions as may be reasonably
required to carry out the purposes of this law
shall have been signed and acknowledged by the
present owner, Rocco Lucente, and recorded in the
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- Tompkins County Clerk's Office.
(2) A Certificate of Occupancy has been issued by the
Town for each dwelling unit in the structure.
(b) Such covenants and restrictions shall run with the land
and may be enforced by any one or more of the
following:
(1) The Town Board.
(2) Any owner of any of the lots (2-15) covered by
this law.
(c) The restrictive covenants and all other provisions of
this law shall bind Rocco Lucente, his heirs,
distributees, successors and assigns or any other
person who may now have interest in the title of the
land.
10. INVALIDITY AND SEVERABILITY
In the event that any portion of this law is declared invalid by
a court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
11. DEFINITIONS
(a) The words "structure" and "building" may be used
interchangeably.
(b) The words "owner-occupied" means occupancy by the deed
owner of record of the premises. In any action to enforce any
violations of these provisions, any relief obtained against the
record owner of the premises, such as injunction, damages, or
declarations, shall be binding upon all persons having any
interest in the property, beneficial or otherwise, or any persons
having a lien on the property derived through the record owner.
12 . ENFORCEMENT
The Town reserves for its agencies, and all other persons having
an interest, all remedies and rights to enforce the provisions of
this law, including without limitation, actions for any
injunction or other equitable remedy, or action and damages, in
the event the owner of any of the parcels covered by this law
fails to comply with any of the provisions thereof.
13 . This law shall take effect immediately.
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SCHEDULE A
Description of Land of Rocco Lucente on Sapsucker Woods Road.
The area to which the provisions of this law apply is located on
the West side of Sapsucker Woods Road, and consists of 14 lots
(Lots 2 to 15 inclusive) , shown on the survey map of the "Rocco
Lucente Subdivision on the West side of Sapsucker Woods Road"
made by Carl Crandall, C. E. , dated April 8, 1967, a copy of
which is on filed in the Office of the County Clerk.
The area begins on the West side of Sapsucker Woods Road at a
point which is the Northeast corner of Lot 1 as shown on said
map, which is 250 feet north from the intersection of the West
line of Sapsucker Woods Road and the North line of Hanshaw Road;
thence North 1427 feet, more or less, along the street line to
the Northeast corner of Lot 15; thence to the Northwest corner of
Lot 15; thence South along the West line of Lots 15-11 inclusive,
497. 5 feet, more or less, to the Southwest corner of Lot 11;
thence East about 25 feet to the Northwest corner of Lot 10;
thence South along the West line of Lots 2-10 inclusive, 950
feet, more or less, to the Northwest corner of Lot 1; thence East
along the North line of Lot 1, 175 feet to the place of
beginning.
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LOCAL LAW NO. 4 - 1986
TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE
DISTRICT (LIMITED MIXED USE) AT THE BIGGS COMPLEX OWNED BY
TOMPKINS COUNTY.
The Zoning Ordinance of the Town of Ithaca as re-adopted,
amended and revised effective February 26, 1968, be further
amended as follows:
1. Article II, Section 1 of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as
"Special Land Use District No. 3 . "
2 . The uses permitted in this Special Land Use District No.
3 are:
(a) any use permitted in an R9, R15, R30 or Multiple
Residence District.
(b) any use permitted in an Agricultural District.
(c) any use permitted in an A, B or E Business
District (Restaurant use only) .
3 . Notwithstanding the foregoing, no uses otherwise
permitted shall be allowed in such district if the uses produce
offensive noise, odors, smoke, fumes, vibration, glare,
electronic interference, radiation, or if the use involves
substances or devices that may cause harm due to their hazardous
nature. No uses shall be permitted if not pursuant to and
consistent with a unified plan for the entire Special Land Use
District as the same may be initially approved by the Planning
Board and subsequently amended with the approval of the Planning
Board.
4. Any use in this district shall be governed by all of the
requirements, including sideyards, setbacks, building coverage,
accessory uses, and similar requirements, of the most restrictive
district (other than this Special Land Use District (Limited
Mixed Use) ) in which such use is permitted by other terms of this
ordinance, except that the number of parking places required
shall be the number presently provided unless the Planning Board,
in its discretion, determines parking is inadequate in which
event the number of parking places shall be increased to the
number designated by the Planning Board up to the maximum that
would otherwise be required by the most restrictive districts for
which each use would be governed but for the existence of this
Special Land Use District.
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5. In addition to the requirements and restrictions imposed
by any other district, there shall be no new construction in this
Special Land Use District unless and until all of the
requirements of this ordinance have been complied with and, in
addition, the following requirements to the extent not required
by other provisions of this ordinance:
(a) The exterior design, specifications, and plans for the
buildings and other improvements to be constructed on
the premises and the development of the grounds and
construction of all outside facilities including
lighting and signs shall have been shown on a final
site plan approved by the Planning Board, and any
construction thereafter shall be in accordance with
said site plan as finally approved. In determining
whether or not to approve the site plan, the Planning
Board may employ the same considerations it would
employ in approving a site plan pursuant to Sections 46
and 78 of this ordinance.
(b) Building permits shall be required for any
construction, including construction of signs and
outdoor lighting facilities. Such permits shall not be
issued until the Planning Board has approved the design
and specifications therefore.
(c) No further construction will occur until a new access
roadway has been built by Tompkins County from station
10+00 west of and through parcel P4 as shown on the map
referred to in Schedule A to this local law to connect
to the two-way driveway presently extending from the
southeast corner of parcel P3 as shown on said map to
Indian Creek Road according to a mutually agreeable
location and specifications acceptable to the Town
Board of the Town of Ithaca, and until utility
easements to serve properties to the north and west of
lands of Tompkins County be granted for water and sewer
extensions from existing on-site utility locations and
more specifically to the former Gilcher property and to
Indian Creek Road at locations and upon terms and
specifications satisfactory to the Town Board.
(d) No new construction and no additional occupancy of the
existing buildings in this Special Land Use District
shall be permitted if the Planning Board, in its
discretion, determines that present arrangements for
on-site parking are inadequate until sufficient on-
site parking spaces are provided in an amount required
by the Planning Board up to the maximum required by the
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most restrictive districts for which each use would be
governed but for the existence of this Special Land Use
District.
(e) Any construction for which a permit is granted shall
comply with all applicable laws, codes, ordinances,
rules and regulations.
6. The area encompassed and rezoned in accordance with this
local law to Special Land Use District No. 3 is described on
Schedule A to this local law. The Official Zoning Map of the
Town of Ithaca is hereby amended by adding such district at the
location described.
7 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
8 . This law shall take effect 20 days after its adoption or
the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF PORTION OF LANDS OF TOMPKINS COUNTY
BEING REZONED SPECIAL LAND USE DISTRICT NO. 3
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, State of New York, more particularly
described as follows:
COMMENCING at a point in the access road to the Tompkins County
Biggs facility which point of beginning is located 91. 99 feet
south 23 degrees 11 minutes 36 seconds east from a "PK" nail
located in the center line of Indian Creek Road at the
intersection of said center line with the center line of said
access road; running thence south 76 degrees 49 minutes 53
seconds east 229 . 21 feet along the center line of a service road;
running thence on a curve to the right along the center line of
said service road with a chord direction of south 63 degrees 33
minutes 19 seconds east and a chord distance of 287 . 27 feet to a
point; running thence south 50 degrees 49 minutes 47 seconds east
along the center line of said service road 112. 53 feet to where
said center line intersects with the center line of another
service road; running thence south 15 degrees 36 minutes 25
seconds east along the center line of a service road 269 . 33 feet
to a point; running thence south 74 degrees 37 minutes 45 seconds
west 68. 12 feet to an iron pipe; thence running south 15 degrees
21 minutes 36 seconds east 155.9 feet to an iron pipe; running
thence north 74 degrees 29 minutes 53 seconds east 67 .47 feet to
a point; running thence on a curve to the left and then a slight
curve back to the right with a combined chord distance of south
49 degrees 9 minutes 39 seconds east and a chord distance of
209. 49 feet which line runs along the center line of said service
road to its intersection with the center line of another service
road; running thence northerly on the center line of the service
road and past the gas regulating house on a curve first to the
right and then slightly to the left, the combined chord being in
a direction of north 16 degrees 40 minutes 5 seconds east with a
chord distance of 344 .8 feet to a point of juncture between the
center lines of two service roads; running thence on a slight
curve to the left along the center line of one of said service
roads a chord direction of north 85 degrees 5 minutes 49 seconds
east and a chord distance of 114.48 feet to a point; running
thence along the center line of said road on a chord direction of
north 69 degrees 42 minutes 24 seconds east and a chord distance
of 99 .87 feet to a point; continuing along the same center line a
chord direction of north 52 degrees 6 minutes 42 seconds east a
chord distance of 99. 89 feet to a point; running thence along the
center line a further distance of 16. 29 feet to a point; running
thence south 3 degrees 42 minutes 28 seconds east 645. 48 feet to
a point; running thence south 32 degrees 41 minutes 49 seconds
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- 1 east 88 .47 feet to an iron pipe; running thence south 74 degrees
38 minutes 43 seconds west 403 .55 feet to the center line of a
service road; running thence south 14 degrees 3 minutes 25
seconds east along the center line of said road approximately 20
feet to a nail set in the middle of the road; running thence
south 74 degrees 34 minutes 8 seconds west south of the old
Hospital Building a distance of 296. 25 feet to an iron pipe;
running thence south 15 degrees 22 minutes 41 seconds east on a
line parallel to a wing of the old Hospital and approximately 40
feet distant therefrom a distance of 121.86 feet to an iron pipe;
thence running north 74 degrees 23 minutes 51 seconds west and
passing 3 feet southerly of the old Hospital Building a distance
of 404 . 3 feet to an iron pipe; running thence north 22 degrees 38
minutes 46 seconds west approximately 260 feet to a monument;
running thence north 19 degrees 0 minutes 26 seconds west 338 .44
feet to an iron pipe; running thence on the same bearing a
distance of 121. 10 feet to an iron pipe; running thence north 81
degrees 15 minutes 52 seconds east 227 . 82 feet to an iron pipe;
continuing on the same bearing 25 feet to the center line of a
service road; running thence on a slight curve to the left with a
chord bearing north 15 degrees 32 minutes 48 seconds west and a
chord distance of 273 .27 feet, said course running along the
center line of said service road to a point; thence north 23
degrees 11 minutes 36 seconds west along the center line of said
service road 537 . 96 feet to the point or place of beginning.
The description set forth above is based upon a map entitled
"Subdivision Map of Lands of the County of Tompkins N.Y.S. Route
96, Trumansburg Road, Town of Ithaca, Tompkins County, New York, "
dated August 1, 1984, amended April 24, 1985, made by T. G.
Miller Associates, P.C. , marked to show Proposed Mixed Use Zone
June 2, 1986 and is intended to include parcels designated P3 ,
P4, P6, P7A, P8A, and P9, a copy of which map is on file with the
Planning Department of the Town of Ithaca.
Containing approximately 22. 2 acres of land, more or less.
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3
} LOCAL LAW NO. 1 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER CORNELL
UNIVERSITY STATLER WEST COMPLEX (as amended by Local Law No. 5-
1987) .
The Zoning Ordinance of the Town of Ithaca as readopted,
amended and revised effective February 26, 1968, and thereafter
further amended, be further amended as follows:
1. Articll-:� II, Section 2 of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as
"Special Land Use District No. 4"
2 . The uses permitted in Special Land Use District No. 4
are:
(a) any use permitted in an R-15 residence district;
(b) business offices or professional offices, such as
medical offices and laboratories (subject to the
further provisions stated herein) ;
} (c) art gallery;
(d) up to two residential apartments.
3 . Notwithstanding the foregoing, no uses otherwise
permitted shall be allowed in' such district if the uses produce
offensive noise, odors, smoke, fumes, vibration, glare,
electronic interference, radiation, or if the use involves
substances or devices that may cause harm due to their hazardous
nature. No uses shall be permitted if not pursuant to and
consistent with a unified plan for the entire Special Land Use
District as the same may be initially approved by the Planning
Board and subsequently amended with the approval of the Planning
Board.
4. Any use in this district shall be governed by all of the
requirements, including parking, sideyards, setbacks, building
coverage, accessory uses, and similar requirements, of the most
restrictive district (other than this Special Land Use District
(Limited Mixed Use) ) in which such use is permitted by other terms
of this ordinance.
5. In addition to the requirements and restrictions imposed
by any other district, there shall be no new construction in this
Special Land Use District unless and until all of the
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requirements of this ordinance have been complied with and, in
addition, the following requirements to the extent not required
by other provisions of this ordinance:
(a) The exterior design, specifications, and plans for the
buildings and other improvements to be constructed on
the premises and the development of the grounds and
construction of all outside facilities including
lighting and signs shall have been shown on a final
site plan approved by the Planning Board, and any
construction thereafter shall be in accordance with
said site plan as finally approved. In determining
whether or not to approve the site plan, the Planning
Board may employ the same considerations it would
employ in approving a site plan pursuant to Sections 46
and 78 of this ordinance.
(b) Building permits shall be required for any
construction, including construction of signs and
outdoor lighting facilities. Such permits shall not be
issued until the Planning Board has approved the design
and specifications therefore.
(c) No new construction and no additional occupancy of the
existing buildings in this Special Land Use District
shall be permitted if the Planning Board, in its
discretion, determines that present arrangements for
on-site parking are inadequate until sufficient on-site
parking spaces are provided in an amount required by
the Planning Board up to the maximum required by the
most restrictive districts for which each use would be
governed but for the existence of this Special Land Use
District.
(d) Any construction for which a permit is granted shall
comply with all applicable laws, codes, ordinances,
rules and regulations.
6. The area encompassed and rezoned in accordance with this
local law to Special Land Use District No. 4 is described on
Schedule A to this local law. The Official Zoning Map of the
Town of Ithaca is hereby amended by adding such district at the
location described.
7. In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
8. This law shall take effect 20 days after its adoption or
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i
the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF PORTION OF LANDS OF CORNELL UNIVERSITY
BEING REZONED SPECIAL LAND USE DISTRICT NO. 4
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
Tompkins County, State of New York, being located on New York
State Route 96 in said Township and being more particularly
described as follows:
COMMENCING at the southwest corner of premises reputedly owned by
Paleontological Research, Inc. (see deed recorded in the Tompkins
County Clerk's Office in Book 464 of Deeds at Page 405) , which
point is also a northwest corner of premises reputedly owned by
Cornell University as shown on a map entitled "Proposed Special
Land Use District for J. Ciaschi and the Mayer School at the
Cornell U. Statler West Complex, " dated December 17 , 1986, by J.
W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands
of Cornell University, Lot No. 87, Town of Ithaca, " dated August
26, 1986, by Milton A. Greene, P.L.S. 42000, which corner is an
east line of New York State Route 96; running thence north 68
degrees 48 minutes east along a southwesterly line of the
Paleontological Research premises a distance of 710. 22 feet to an
iron pipe; running thence south 46 degrees 30 minutes east
passing through an iron pipe at 317 . 18 feet a total distance of
405 feet to an iron pipe; running thence south 10 degrees 10
minutes east 241.76 feet to an iron pipe; running thence on a
slight curve to the left with a chord distance of 230.24 feet on
a bearing of south 64 degrees 57 minutes west with a radius of
448 . 26 feet to an iron pipe; running thence south 50 degrees 4
minutes west 321.76 feet to a point in the east line of New York
State Route 96; running thence north 43 degrees 56 minutes west
passing through an iron pipe at 438.88 feet a total distance of
784 . 08 feet to the point or place of beginning.
The above description is based upon a map entitled "Proposed
Special Land Use District for J. Ciaschi and the Mayer School at
the Cornell U. Statler West Complex, " dated December 17, 1986, by
J. W. Mayer, Map Source: "Final Plat, Proposed Subdivision,
Lands of Cornell University, Lot No. 87, Town of Ithaca," dated
August 26, 1986, by Milton A. Greene, P.L.S. 42000, a copy of
which snap is on file with the Planning Department of the Town of
Ithaca.
Containing approximately 10.2 acres of land, more or less.
I
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LOCAL LAW NO. 6 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE BY REZONING A PORTION
OF LAND AT 136-146 SEVEN MILE DRIVE FROM R-30 (RESIDENTIAL
DISTRICT) TO R-5 (MOBILE HOME PARK DISTRICT)
The Zoning Ordinance of the Town of Ithaca as readopted,
amended and revised effective February 26, 1968 and subsequently
amended, be further amended as follows:
1. The zoning map dated July 1, 1954, as amended to date,
is hereby further amended by rezoning the lands described on
Schedule A incorporated into this local law from residence
district R-30 to residence district R-5 (mobile home park
district) .
2 . The area so rezoned is subject, in addition to the
conditions set forth in Article II-A to the following additional
conditions:
(a) A buffer zone 30 feet in depth from the right of way of
Seven Mile Drive be established within one year from the
effective date of this local law.
(b) The density of the present, non-conforming, existing
mobile home park, be reduced from 24 to 22 mobile homes within
one year from the effective date of this local law and to 20
mobile homes within three years of the effective date of this
local law.
(c) The total number of mobile homes within the area being
rezoned (including the existing park and the planned expansion of
same) shall not exceed 52 .
(d) The expansion of the park shall occur in phases. The
first phase shall consist of no more than ten new units plus
removal of up to two units from the existing park to the proposed
expansion area. Building permits for no more than such twelve
new units may be issued during the first year following enactment
of this local law. After such twelve building permits are issued
and mobile homes installed with respect to all of such permits,
no further building permits shall be issued until
(i) The developer, in cooperation with the Town of Ithaca
Engineer and the Tompkins County Health Department, conducts
such tests as the Town Engineer may reasonably require to
determine the impact of the additional units on the water
and septic systems of the Park and surrounding neighbors;
and
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(ii) The Town Engineer reports to the Planning Board the
results of such tests; and
(iii) The Planning Board is reasonably satisfied that the
addition of such twelve units has not had a significant
adverse impact (a) upon the quality and adequacy of water
for the remainder of the Park and for the surrounding
landowners (or if a significant impact is found, such impact
will be ameliorated by the imminent availability of public
water) or (b) upon the quality, adequacy, and effectiveness
of the septic systems for the Park and surrounding
neighbors; and
(iv) The Planning Board is reasonably satisfied that the
addition of up to ten more units (Phase Two units) will have
no such significant impact in the future upon water supplies
and septic systems.
Upon making such determination, and subject to such other
additional conditions as the Planning Board may reasonably
impose, the developer may be authorized by the Planning Board to
install up to ten more new units in accordance with final site
plan approval from the Planning Board for Phase II of the
development, and up to ten more building permits may thereafter
issue for same.
No more than the ten permits for Phase II shall be issued
until completion of Phase II and the developer has again
conducted tests as required upon completion of the first phase of
ten units and two relocated units and the same procedures are
again followed and the same determinations are again made with
respect to there being no significant impact on water supplies
and septic systems from the already constructed units and the
planned final ten units. If the Planning Board finds no such
significant impact has or will occur, and otherwise approves a
final site plan for Phase III, the developer may receive building
permits for up to ten final units to the extent authorized and
approved by the Planning Board and upon such conditions as may be
reasonably imposed by the Planning Board.
(e) The existing park driveway be reconstructed upon
completion of Phase I of the proposed mobile home park expansion,
or within one year of the effective date of this local law,
whichever is earlier, as may be specified by the Planning Board,
including specifications as to width, parking, surface
construction, and granting any final site plan approvals of any
of the phases.
(f) Proper erosion control measures be practiced during
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\> project development.
(g) The owner of the area being rezoned enter into an
agreement in form and substance satisfactory to the Town of
Ithaca Planning Board and the Town Attorney submitting the entire
area to be rezoned (including the existing mobile home park) to
the conditions contained in this local law, and, to the extent
not modified by this local law, to the requirements of Article
II-A of the Town of Ithaca Zoning Ordinance or any successor
statute, with such modifications applicable to the existing non-
conforming park as the Town of Ithaca Planning Board may approve
in approving the final site plan for the expanded park and
including those modifications set forth in the resolution of the
Town Planning Board relating to this project dated December 2 ,
1986. Such agreement shall be in a form as to permit its
recording in the Tompkins County Clerk's Office and shall be
recorded in such office at the owner's expense within ten days of
final site plan approval of the first phase by the Town Planning
Board.
(h) The owner of the rezoned area provide an "as built"
site plan of the existing mobile home park in form and substance
satisfactory to the Town of Ithaca Planning Board showing the
mobile homes, lots, utilities, roads, and other items reasonably
required by the Board. Such plan shall be submitted before final
\� site plan approval of any new lots.
(i) All refuse and debris, including especially any
inorganic items (pipes, sheetmetal, cans, etc. ) , be removed from
the existing park and the planned expansion of the park, or
stored only in closed garbage containers located as approved by
the Town of Ithaca Planning Board, before any building permits
are issued for the new park.
(j ) The mobile home park (both existing and the planned
expansion of same) be kept free of refuse and debris.
(k) If the operator of the mobile home park fails to comply
with the requirements set forth in this local law, without
limiting other remedies available to the Town of Ithaca, the Town
may withhold an annual operating permit as well as any future
building permits until the premises and the owner are in full
compliance with the conditions set forth in this local law and
the requirements of the Town of Ithaca Zoning Ordinance.
(1) A final site plan containing such details and
information as may be required by the Town of Ithaca Planning
Board be submitted to and approved by such Board pursuant to
Section 46-a of the Zoning Ordinance, as if this were the
creation of a Special Land Use District.
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3 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
4 . This law shall take effect 20 days after its adoption or
upon the date it is filed in the Office of the Secretary of State
of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF LANDS BEING REZONED FROM
R-30 TO R-5 ON SEVEN MILE DRIVE
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, State of New York, more particularly
described as follows: COMMENCING at a point in the center line
of Seven Mile Drive which point is approximately 1, 472 feet
northerly along the center line of Seven Mile Drive from its
intersection with the center line of New York State Route 13 and
which point of beginning is in a southeasterly corner of premises
presently owned by Paul Jacobs; running thence north 89 degrees
55 minutes 30 seconds west along the southerly line of said
Jacobs parcel approximately 1,206 feet to a southwesterly corner
of said Jacobs parcel ; running thence north 3 degrees 5 minutes
29 seconds west along a westerly line of said Jacobs parcel a
distance of approximately 444 feet to a corner in said property;
running thence south 89 degrees 49 minutes west 120 feet to a
point, which point is approximately 1, 135.82 feet easterly of the
center line of Calkins Road; running thence north 0 degrees 11
minutes west parallel to the center line of Calkins Road a
distance of approximately 209. 1 feet to a point in the north line
of premises owned by Jacobs; running thence north 89 degrees 49
minutes east along said north line of Jacobs 1, 075. 66 feet to a
point which point is located 250 feet south 89 degrees 49 minutes
east from the center line of Seven Mile Drive and which point is
marked by an iron pin; running thence south 54 degrees east
between said barn and garage a distance of 180 feet to an iron
pin; running thence north 89 degrees 49 minutes east passing
through an iron pin at 224 .20 feet a total distance of 250 feet
to the center line of Seven Mile Drive; running thence south 0
degrees 54 minutes east along the center line of Seven Mile Drive
a total distance of 478. 02 feet the point or place of beginning.
The description set forth above is based upon two maps, one
entitled "Map of Survey Portion of Lands Owned by Paul A. and
Linda S. Jacobs" dated April 26, 1986, revised July 31, 1986,
surveyed and mapped under direction of Richard L. McDowell, Jr.
and a general site plan entitled "Addition to College View Mobile
Home Park, Paul Jacobs, Seven Mile Drive, Ithaca, New York,
14850" dated November 20, 1986, made by William F. Albern, P.E. ,
copies of which maps are on file with the Planning Department of
the Town of Ithaca.
Containing approximately 18 acres of land, more or less.
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LOCAL LAW NO. 10 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE REZONING THE FORMER ODD
FELLOWS CARRIAGE HOUSE FROM RESIDENCE DISTRICT R-30 TO MULTIPLE
RESIDENCE DISTRICT.
The Zoning Ordinance of the Town of Ithaca as readopted,
amended and revised effective February 26, 1968, and subsequently
amended, be further amended as follows:
1. The Zoning Map dated July 1, 1954, as amended to date,
is hereby further amended by rezoning the lands described on
Schedule A incorporated into this local law from Residence
District R-30 to Multiple Residence District.
2 . The area so rezoned is subject, in addition to the
conditions set forth in Article 6 of the Zoning Law to the
following additional conditions:
(a) There shall be no more than seven dwelling units
permitted on said land.
(b) No dwelling unit will be occupied by any more than
-.� three unrelated persons and the entire premises will
not be occupied by any more than a total of 21 people,
related or otherwise.
(c) There shall be filed with the Town Clerk of the
Town of Ithaca and with the Tompkins County Clerk a
Declaration of Restrictive Covenant, in form and
substance satisfactory to the Town Attorney, limiting
the occupancy in the manner set forth above.
(d) The execution by the developer of appropriate
easements, subject to the approval by the Town
Attorney, such that there be one-way ingress at the
southern Statler West Complex gate for the Multiple
Residence District created by this local law, the Mayer
School, and the former Odd Fellows Infirmary, and such
that there be egress from the northerly gate of the
Statler West Complex, until such time as a road is
constructed along the 60-foot right of way located
adjacent to the northerly line of the premises being
rezoned to Multiple Residence by this local law. These
easements may be modified in the discretion of the
Town of Ithaca Planning Board after review of a revised
site plan showing the proposed modification.
(e) There will be no construction of additional
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buildings on the area rezoned to Multiple Residence
District except small accessory buildings as are shown
on a site plan for the Multiple Residence District
approved by the Town of Ithaca Planning Board.
3 . This local law shall take effect upon its filing with
the Secretary of State or 20 days after its adoption, whichever
is later.
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, New York, being known generally as
Ithaca Tax Parcel 6-24-3-3 . 3 located on Trumansburg Road and is
more particularly described in accordance with the map entitled
"Final Plat Proposed Subdivision Lands of Cornell University"
dated August 26, 1986 made by Milton A. Greene, a copy of which
final plat is on file with the Town of Ithaca Planning Office as
follows:
COMMENCING at an iron pipe in the easterly line of New York
State Route 96 which iron pipe and point of beginning is located
the following courses and distances from the intersection of the
center line of New York State Route 96 and Bundy Road:
(f) northwesterly along the center line of New York
State Route 96 approximately 1649. 0 feet;
(g) thence north 66 degrees 46 minutes east 35.28 feet
to the easterly line of New York State Route 96;
(h) thence north 43 degrees 56 minutes west along the
easterly line of New York State Route 96 to the iron pipe at
the point of beginning, which iron pipe is in the
southwesterly corner of the lands hereinafter described and
in the northwesterly corner of a 1. 47 acre parcel
denominated "Parcel No. 3" on said map.
Running from said point of beginning the following courses and
distances:
pipe; (a) north 56 degrees 36 minutes east 419. 03 to an iron
(b) north 10 degrees 10 minutes west 168. 26 feet to a
point in the southerly line of an area reserved for future
access road; thence on a curve to the left an arc distance
of 201. 7 feet, said curve having a radius of 448. 26 feet and
a chord distance of 199.42 feet on a bearing of south 64
degrees 57 minutes west to a point;
(c) south 50 degrees 4 minutes west 317 . 56 feet to a
point;
(d) south 43 degrees 56 minutes east 150 feet along
the easterly line of New York State Route 96 to the point or
place of beginning.
}} It is the intent to describe Parcel No. 2 as shown on the
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above mentioned map being approximately 1. 83 acres and the parcel
shown as having a cottage on said map.
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LOCAL LAW NO. 2 - 1988
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) AT 904-906 EAST SHORE DRIVE
FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE (as amended by Local
Law No. 4 - 1988) .
The Zoning Ordinance of the Town of Ithaca as readopted,
amended, and revised effective February 26, 1968, and thereafter
further amended, be further amended as follows:
1. Article II, Section 2 of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as
"Special Land Use District No. 5."
2 . The uses permitted in Special Land Use District No. 5
are:
(a) Any use permitted in a R-15 residence district;
(b) Professional offices for occupancy by non-profit
entities (subject to the further provisions stated
herein) ; and
(c) Visitors information center or tourism center for
the area, in either instance operated by a not-
for-profit or municipal entity.
3 . Notwithstanding the foregoing, no uses shall be
permitted if not pursuant to and consistent with a unified plan
for the Special Land Use District (Limited Mixed Use) as such is
initially approved by the Planning Board and subsequently amended
with the approval of the Planning Board.
4 . Any use in this district shall be governed by all of the
requirements, including parking, sideyards, setbacks, building
coverage, accessory uses, and similar requirements (except for
permitted occupancies which shall be only as set forth above)
relating to an R-15 residence district.
5. In addition to the requirements and restrictions imposed
above there shall be no new construction in this Special Land Use
District unless and until all of the requirements of this
ordinance have been complied with and, in addition, the following
requirements to the extent not required by other provisions of
this ordinance:
(a) The exterior design, specifications, and plans for
the buildings and other improvements to be
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constructed on the premises and the development of
the grounds and construction of all outside
facilities including lighting, drainage plans,
landscaping, signage, and traffic circulation
approved by the New York State Department of
Transportation shall have been shown on a final
site plan approved by the Planning Board. Any
construction thereafter shall be in accordance
with said site plan as finally approved. in
determining whether or not to approve the site
plan, in addition to the requirements set forth
specifically relating to this Special Land . Use
District No. 5, the Planning Board may employ the
same considerations it would employ in approving a
site plan pursuant to Sections 46 and 78 of this
ordinance.
(b) Building permits shall be required for any
construction, including construction of signs,
walls, and outdoor lighting facilities. Such
permits shall not be issued until the Planning
Board has approved the design and specifications
for any items for which a building permit is
sought.
(c) Any construction for which a permit is granted
shall comply with all applicable laws, codes,
ordinances, rules and regulations.
6. In addition to the requirements and restrictions set
forth above occupancy and use of the premises shall be further
limited as follows:
(a) No building permit shall be issued until a plan
shall have been submitted to the Planning Board
and approved by the Planning Board showing
adequate parking and access to be maintained
within the district.
(b) Once constructed, any building on the premises
shall' have no more than ten persons employed in
the building at any one time.
(c) No activities will be conducted in the Special
Land Use District between the hours of 10: 30 P.M.
and 7: 00 A.M.
(d) No activities will be conducted in said Special
Land Use District which will cause disturbing
noise, odors, or glare to any adjacent landowners.
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7 . The area encompassed and rezoned in accordance with this
local law to Special Land Use District No. 5 is described on
Schedule A to this local law. The official zoning map of the
Town of Ithaca is hereby amended by adding such district at the
location described.
8. In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
9 . This law shall take effect 20 days after its adoption or
the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF ENLARGED SPECIAL LAND USE DISTRICT NO. 5
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, County of Tompkins and State of New York, bounded and
described as follows:
COMMENCING at a point in the center line of East Shore
Drive, State Route 34, at or near the northeast corner of
premises of the City of Ithaca (Liber 204 of Deeds at page 274)
which premises are known generally as the site of the Ithaca
Youth Bureau; running thence northerly and along the center line
of East Shore Drive 60 feet to the southeast corner of lands
reputedly of Leo M. Wells (see 379 Deeds 410) ; continuing
northerly along the center line of East Shore Drive a distance of
79. 5 feet to the northeast corner of said Wells property and also
the southeast corner of other premises reputedly owned by Wells
(see Liber 466 of Deeds at page 230) ; continuing northerly along
the center line of East Shore Drive 117. 3 feet to the northeast
corner of said second Wells parcel; running thence southwesterly
and along premises now or formerly reputedly of Signorelli (590
Deeds 1128) a distance of approximately 223 feet to the east line
of premises now or formerly of the Lehigh Valley Railroad
Company; thence southwesterly along the easterly line of said
railroad company a distance of approximately 141 feet to a point;
thence southerly running along the westerly line of the second
Wells parcel described above; the first Wells parcel described
above and the premises now or formerly of Bowman (see Book 585 of
Deeds at page 594) a total distance of 82 .8 feet to a point,
which point is the southwest corner of said Bowman parcel ;
running thence easterly and in part along the City of Ithaca
Youth Bureau site and in total along the southerly line of said
Bowman parcel a total distance of 264 feet to the east line of
East Shore Drive; continuing thence in the same direction a
distance of approximately 33 feet to the center line of East
Shore Drive at the point or place of beginning.
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i
LOCAL LAW NO. 2 - 1989
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) FOR THE INDIAN CREEK
RETIREMENT COMMUNITY ON TRUMANSBURG ROAD OWNED BY CMH ASSOCIATES
The Zoning Ordinance of the Town of Ithaca as readopted, amended,
effective February 26, 1968, and subsequently amended, be further
amended as follows:
1. Article 2, Section 1 of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as
"Special Land Use District No. 6".
2 . The uses permitted in this Special Land Use District No.
6 are:
(a) Detached one-family dwellings. One family
dwellings may be occupied by not more than
(i) an individual, or
(ii) a family, or
(iii) a family plus one additional boarder,
roomer, lodger or other occupant, or
(iv) two individuals, boarders, roomers, lodgers
or other occupants.
(b) Detached two-family dwellings. Each dwelling unit
in the two-family dwellings may be occupied by not more
than
(i) an individual, or
(ii) a family, or
(iii) a family plus one additional boarder,
roomer, lodger or other occupant, or
(iv) two individuals, boarders, roomers, lodgers
or other occupants.
(c) Attached single-family units aggregated together
in one or more buildings of up to 80 dwelling units.
Each one-family unit in said attached units may be
occupied by
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(i) an individual, or
a family, or
two individuals, boarders, roomers, lodgers
or other occupants.
(d) The attached single-family dwelling units may be
condominium units or other ownership of less than the
minimum lot size normally required in an R-15 zone as
may be approved by the Town of Ithaca Planning Board.
(e) A community facility which may be attached to the
attached single-family units or may be free-standing,
not in excess of 7, 000 square feet, to be used for
central dining facilities (with serving kitchen) ,
activity areas, and other related community service
space to be made available principally for the use of
the residents of the retirement community.
(f) Permitted accessory uses shall include the
following:
(i) off-street garage or parking spaces for the
residents of and the employees working at the
Indian Creek Retirement Community.
(ii) accessory buildings such as storage sheds,
pavilions, gazebos, and other similar small
buildings provided that no single building exceeds
more than 200 square feet in size and provided
further that the size and location of each such
building is approved by the Planning Board.
(g) Common recreational areas including walkways,
parks, community gardens, and other similar outdoor
recreational facilities.
(h) Any municipal or public utility purpose necessary
to the maintenance of utility services for the Indian
Creek Retirement Community.
(i) Signs, as regulated by the Town of Ithaca Sign
Law.
3 . Any use in this district shall be governed by all of the
requirements, including side yards, setbacks, building coverage,
accessory uses, and similar requirements, of a residence district
R-15, except as the same may be specifically modified by the
terms of this local law.
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4 . In addition to the requirements and restrictions imposed
by the Town of Ithaca Zoning Ordinance, the area being rezoned to
Special Land Use District No. 6 shall be subject to the following
conditions:
(a) The exterior design, specifications, and plans for
the buildings and other improvements to be constructed
on the premises and the development of the grounds and
construction of all outside facilities including
lighting and signs shall have been shown on a final
site plan approved by the Planning Board, and any
construction thereafter shall be in accordance with
said site plan as finally approved. In determining
whether or not to approve the site plan, the Planning
Board may employ the same considerations it would
employ in approving a site plan pursuant to Sections 46
and 78 of the Town of Ithaca Zoning Ordinance.
(b) Building permits shall be required for any
construction, including construction of signs and
outdoor lighting facilities. Such permits shall not be
issued until the Planning Board has approved the design
and specifications for such proposed construction.
(c) The primary access roadway from Trumansburg Road
leading westward shall be a double road with a median
island for at least the first 1300 feet of its length
and such roadway shall be constructed in accordance
with Town of Ithaca highway specifications, dedicated
and deeded to the Town and accepted by the Town before
any certificates of occupancy are issued.
(d) Such additional portions of the roads in the
project shall be constructed in accordance with Town of
Ithaca highway specifications, dedicated and deeded to
the Town, and accepted by the Town as the Planning
Board may, in approving the final site plan, determine.
(e) The Declaration of Condominium, the Certificate of
Incorporation of any homeowners association or similar
group, and the bylaws of any such organization, shall
be submitted to the Planning Board for recommendation
and shall be approved by the Town of Ithaca before the
same are filed and adopted.
(f) There shall be a maximum of 140 dwelling units
within the Special Land Use District of which no more
than 80 dwelling units shall be contained in attached
configuration of more than two dwelling units per
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} building, and no more than 60 dwelling units shall be
contained in detached one and two-family dwelling unit
configuration.
(g) There shall be dedicated to the Town of Ithaca as
park space a four acre park site in the easterly
portion of the project as shown as the general plan
with the precise metes and bounds to be determined by
the final site plan approval by the Planning Board,
such dedication to occur prior to the issuance of any
certificates of occupancy for any of the units on the
property.
(h) There shall be dedicated and conveyed to the Town
of Ithaca a 20 foot strip of land in fee simple
substantially along the southerly line of the Special
Land Use District as shown on the general plan, the
precise metes and bounds description to be as finally
determined on the final site plan, said strip of land
to be conveyed for trail and other municipal purposes.
(i) The developer shall reserve and dedicate for open
space approximately six acres of land adjoining the
westerly portion of the southerly line of the Special
District boundary, the center line of the six acre
strip of land being the center line of Indian Creek,
all as more particularly shown on the schematic site
plan dated November 22 , 1988 submitted in support of
the application for rezoning. Said area shall be
deeded to the Town of Ithaca for open space area and
municipal purposes before the issuance of any
certificates of occupancy for any dwelling unit within
the Special Land Use District.
(j ) All of the dwelling units shall be owner-occupied
subject to the following:
(i) A unit may be occupied by other than the
owner as long as the occupant is related by blood
(e.g. , father, mother, grandfather, grandmother,
etc. ) to the owner.
(ii) A unit may be rented by an owner for no more
than a cumulative period of twelve months within
any continuous thirty-six month period.
Permission to rent and/or sublet for a longer
period of time shall be obtained in writing from
the Board of Directors or other governing body of
any homeowners association established in
connection with the community. In no case,
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however, may a unit be rented by an owner or
owners for more than 24 months cumulatively in any
five-year period.
(iii) Notwithstanding the foregoing, the
developer shall be allowed to rent one or more
units for a period not to exceed two years in each
case from the date of issuance of the original
certificate of occupancy for the unit being
rented, provided that at no time may the developer
have more than sixteen units rented under this
provision at any one time.
(k) The dwelling units shall be occupied by persons
over the age of 54 years pursuant to rules and
regulations contained in bylaws, declarations, or other
regulations approved by the Town Board. Such
regulations may permit temporary occupancy by visitors
under the age of 55 years.
(1) Notwithstanding any provisions of the Town of
Ithaca Zoning Ordinance to the contrary, in Special
Land Use District No. 6, no building shall be erected,
altered, or extended to exceed 42 feet 6 inches in
height from the lowest interior grade or 40 feet 6
inches in height from the lowest exterior grade,
whichever is lower. No structure other than a building
shall be erected, altered, or extended to exceed 30
feet in height.
(m) Except as specifically provided for herein any
construction for which a permit is granted shall comply
with all applicable laws, codes, ordinances, rules and
regulations.
(n) The execution of an agreement mutually acceptable
to the developer and the Town of Ithaca relating to the
terms under which
(i) the developer will provide its own water
service or facility for the Indian Creek
Retirement Community; and/or
(ii) the developer will construct any sewer
and/or water mains that may be required to provide
water and/or sewer service to the Indian Creek
Retirement Community; and/or
(iii) the developer may make contributions to the
Town of Ithaca in amounts to be mutually agreed
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' upon to permit the Town to construct or upgrade
water supply and/or sewage disposal facilities
necessitated by the construction of the Indian
Creek Retirement Community.
Such agreement to be executed, unless waived by the
Town of Ithaca, prior to the issuance of any building
permits for any construction in the Indian Creek
Retirement Community.
5. Any significant revisions to the schematic site plan of
November 22, 1988 submitted to the Town Board shall be submitted
to and be approved by the Town Board before issuance of any
building permits. In accordance with the provisions of the
Zoning Ordinance a final site plan shall be submitted to and
approved by the Town of Ithaca Planning Board before issuance of
any building permits.
6. The area encompassed and rezoned in accordance with this
local law to Special Land Use District No. 6 is described on
Schedule A to this local law. The official zoning map of the
Town of Ithaca is hereby amended by adding such district at the
location described.
7. Any violations of the terms of this local law shall
constitute a violation of the Town of Ithaca Zoning Ordinance and
shall be punishable as set forth in said ordinance and in Section
268 of the Town Law of the State of New York. Each week's
continued violation shall constitute a separate offense.
Notwithstanding the foregoing, the Town reserves for itself, its
agencies and all other persons having an interest, all remedies
and rights to enforce the provisions of this law, including,
without limitation, actions for any injunction or other equitable
remedy, or action and damages, in the event the owner of the
parcels covered by this law fails to comply with any of the
provisions hereof.
8 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
9. This law shall take effect 10 days after its publication
in the Ithaca Journal.
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SCHEDULE A
DESCRIPTION OF LAND OF INDIAN CREEK RETIREMENT COMMUNITY
REZONED SPECIAL LAND USE DISTRICT NO. 6
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, State of New York, more particularly
described as follows: COMMENCING at a point in the west line of
Trumansburg Road which point is at the northeast corner of
premises reputedly owned by Joyce (see deed recorded in the
Tompkins County Clerk's Office in Book 602 of Deeds at Page 507) ;
running thence south 66 degrees west along the north line of
Joyce 257. 1 feet to an iron pin; running thence south 24 degrees
23 minutes east along a west line of Joyce 457. 3 feet to an iron
pin; running thence south 69 degrees 4 minutes west along a fence
line 464 . 0 feet to a pipe; running thence south 81 degrees 28
minutes west along a fence line 531. 8 feet to a pipe; running
thence south 60 degrees 8 minutes west along the remains of an
old fence line 323 .4 feet to a pipe; running thence south 2
degrees 45 minutes east approximately 50 feet to a point, 100
feet northerly from the center line of Indian Creek; running
thence westerly on a curve parallel to and 100 feet northerly of
the center line of Indian Creek a distance of approximately 1400
feet to a point in the west line of premises shown on a map
entitled "Survey Map Lands of Bruce M. Babcock Located on
Trumansburg and Hayts Roads, Military Lots 40 and 41, Town of
Ithaca, Tompkins County, New York" dated May 29, 1987; running
thence north 9 degrees 27 minutes east along the west line as
shown on said map approximately 1280 feet to a pipe; running
thence south 89 degrees 19 minutes east 1,215. 5 feet to the
center line of Trumansburg Road running in part along an old
fence and hedge; running thence on a curve to the left along the
center line of Trumansburg Road, said curve having an arc
distance of 302 feet and a chord direction of south 45 degrees 48
minutes east and a chord distance of 301.8 feet to the point or
place of beginning.
The description set forth above is based largely upon the
above referenced survey map of the lands of Bruce M. Babcock, a
copy of which map is on file with the Planning Department of the
Town of Ithaca.
Containing 66 acres of land, more or less.
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SCHEDULE A•
REVISED DESCRIPTION OF PORTION OF LAND OF
WALTER J. AND JOYCE Y. WIGGINS
TO BE REZONED
Situate in the Town of Ithaca, County of Tompkins, State of New
York.
Beginning in the center line of New York State Route 96B at the
southeast corner of lands of Laurent and Kaethe Bessou,
designated as Tax Parcel No. 6-36-1-4 . 3 :
1. Thence southerly along said center line 435' more or less,
to the northeast corner of property of Irene Stout,
designated as Tax Parcel No. 6-36-1-5;
2 . Thence westerly 200' more or less, to the northwest corner
of said Stout property;
3 . Thence southerly 100' more or less, to the southwest corner
of said Stout property and the north line of lands of
Fairview Manor Realty Co. , Tax Parcel No. 6-36-1-6;
4 . Thence westerly in part along a northerly property line of
lands of Fairview Manor Realty Co. , and designated as Tax
Parcel No. 6-36-1-6, 1100' to a point;
5. Thence northerly through the lands of Wiggins, 935' more or
less to the southerly boundary of lands now or formerly of
Anthony Leonardo, designated as Tax Parcel No. 6-37-2-20.2 ;
6. Thence easterly along Leonardo's southerly line 600' to a
point;
7 . Thence southerly, in part along the west line of Bessou's
property (designated as Tax Parcel No. 6-36-1-4 . 3) 400' more
or less to their southwest corner;
8 . Thence easterly along Bessou's southerly line, 700' more or
less to the center line of Route 96B and the Point of
Beginning.
Containing 20. 3 acres, more or less.
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LOCAL LAW NO. 4 - 1984
A LOCAL LAW RELATING TO ROCCO LUCENTE - SAPSUCKER WOODS ROAD
SUBDIVISION AMENDED TO THE ZONING ORDINANCE TO PERMIT CONVERSION
OF 14 DWELLING UNITS (as amended by Local Law 6 - 1985)
RESOLVED•
That the Town Board of the Town of Ithaca enact and hereby does
enact this Local Law to amend the Zoning Ordinance of the Town of
Ithaca to permit the 14 existing buildings located at 108 through
230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No. 6-70-10-
3 . 12 through 6-70-10-3 .25, owned by Rocco Lucente and more
particularly described in Schedule A of this Resolution, to be
modified to permit the conversion of each existing building to no
more than four (4) dwelling units subject to the following terms
and conditions:
1 . ZONE DESIGNATION OF AREA
The area covered by this Local Law shall remain Residence
District R15 and all provisions of the Town Zoning Ordinance, as
amended, shall govern, except as otherwise modified by this
resolution or any law or ordinance adopted pursuant thereto.
2 . CONVERSION OF DWELLING UNITS
Each of the 14 buildings may be converted into no more than four
(4) dwelling units, consisting specifically of two (2) , two-
bedroom dwelling units and two (2) , one-bedroom dwelling units,
as more particularly shown on the final building plan and final
site plan approved by the Planning Board and subject to any other
requirements of the Planning Board, and the Town Board.
3 . CONVERSION PERIOD
(a) The conversion of the 14 structures must be completed
within five (5) years of the adoption of this Local
Law. Any structure which has not been converted within
this five (5) year period may not be later converted or
remodelled to contain more than two (2) dwelling units
and the present owner, Rocco Lucente, or any of his
successors, distributees, assigns, or other
transferees, shall have waived and surrendered any
prior right to rent, and he or they are specifically
prohibited from renting, such building to a greater
number of occupants, including unrelated occupants,
than is allowed in a Residence District R15 for two (2)
family houses, under the current provisions of the Town
Zoning Ordinance as of the date of the adoption of this
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Local Law.
(b) The process of conversion shall be planned so that
there shall be no more than four (4) structures
uncompleted at any time, except that the planting of
trees and shrubbery on any lot may be postponed to a
more favorable season, but no more than twelve (12)
months after completion of the conversion.
4 . OCCUPANCY RESTRICTIONS
(a) Except as stated in paragraph 3 (a) , occupancy of each
of the two (2) one-bedroom dwelling units in any
converted structure shall be limited to one household
(or family) , which is defined either as 'any number of
persons related by blood or marriage, including adopted
children' or 'no more than two unrelated persons
occupying a single dwelling unit. '
(b) Except as stated in Paragraph 3 (a) , each of the two (2)
two-bedroom dwelling units in any converted structure
shall be occupied by no more than one household or
family, as described above, plus one unrelated person.
(c) After the conversion, remodelling, or modification of
any such structure has begun pursuant to a valid
building permit, the structure shall not be occupied or
leased other than in conformance with the requirements
of this Resolution.
5 . CONVERSION INTO LESS THAN FOUR UNITS
In the event any structure is, at any time, converted to less
than four dwelling units, the conversion shall be final, and any
such structure shall thereafter contain no more than such lesser
number of units into which the building was converted and the
number of such dwelling units in such structure shall not be
thereafter increased. For example, any structure converted into
3 or 2 dwelling units shall thereafter continue to be used and
occupied only as a 3 or a 2 dwelling unit structure, as the case
may be.
6. DESTRUCTION OF BUILDING
If any converted building is partially or substantially destroyed
or damaged by fire or other "act of God, " the owner may rebuild a
structure of similar design and dimensions, having no more than
the number of dwelling units it contained immediately prior to
such damage or destruction.
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7. OWNER OCCUPANCY
At least one dwelling unit in each of the structures, after any
conversion as provided herein, shall, within twenty-four months
of the issuance of a Certificate of Occupancy issued in
connection with such conversion be owner-occupied. Such owner,
however, must qualify as a household (or family) as defined
herein. If, thereafter, a structure is not occupied by the owner
then the structure may be occupied only as permitted by the
regulations of a Residential District R-15 for a two-family
dwelling as if this amendment to the Zoning Ordinance had not
been adopted. Notwithstanding the foregoing, however, after the .
premises have been owner-occupied for at least four consecutive
years, at the owner's option the premises may be leased and non-
owner occupied for a period of up to twelve months out of each
consecutive periods of sixty months.
8. PARKING
(a) Parking of automobiles may be permitted in the front
yard in areas designated therefor.
(b) The number of automobiles and the spaces which shall be
provided for each building shall be six (6) , at least 2
of which shall be in an enclosed garage and the
remainder of which shall be parked in the front yard.
No more than one automobile shall be parked in each
space.
(c) The location and materials of each parking space and
driveway shall be located and constructed in accordance
with the requirements of the Town Planning Board as
shown on the final, approved site plan, or as otherwise
provided by the Planning Board.
(d) Parking spaces and driveways must be maintained in good
repair and neat condition at all times.
9. RESTRICTIVE COVENANTS AND OCCUPANCY
(a) No building shall hereafter be occupied by any occupant
either as an owner, or his household or family or his
lessee, until:
(1) A document containing restrictive covenants
substantially as provided herein and containing
such additional provisions as may be reasonably
required to carry out the purposes of this law
shall have been signed and acknowledged by the
present owner, Rocco Lucente, and recorded in the
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Tompkins County Clerk's Office.
(2) A Certificate of Occupancy has been issued by the
Town for each dwelling unit in the structure.
(b) Such covenants and restrictions shall run with the land
and may be enforced by any one or more of the
following:
(1) The Town Board.
(2) Any owner of any of the lots (2-15) covered by
this law.
(c) The restrictive covenants and all other provisions of
this law shall bind Rocco Lucente, his heirs,
distributees, successors and assigns or any other
person who may now have interest in the title of the
land.
10. INVALIDITY AND SEVERABILITY
In the event that any portion of this law is declared invalid by
a court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
11. DEFINITIONS
(a) The words "structure" and "building" may be used
interchangeably.
(b) The words "owner-occupied" means occupancy by the deed
owner of record of the premises. In any action to enforce any
violations of these provisions, any relief obtained against the
record owner of the premises, such as injunction, damages, or
declarations, shall be binding upon all persons having any
interest in the property, beneficial or otherwise, or any persons
having a lien on the property derived through the record owner.
12 . ENFORCEMENT
The Town reserves for its agencies, and all other persons having
an interest, all remedies and rights to enforce the provisions of
this law, including without limitation, actions for any
injunction or other equitable remedy, or action and damages, in
the event the owner of any of the parcels covered by this law
fails to comply with any of the provisions thereof.
13 . This law shall take effect immediately.
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SCHEDULE A
Description of Land of Rocco Lucente on Sapsucker Woods Road.
The area to which the provisions of this law apply is located on
the West side of Sapsucker Woods Road, and consists of 14 lots
(Lots 2 to 15 inclusive) , shown on the survey map of the "Rocco
Lucente Subdivision on the West side of Sapsucker Woods Road"
made by Carl Crandall, C. E. , dated April 8, 1967, a copy of
which is on filed in the Office of the County Clerk.
The area begins on the West side of Sapsucker Woods Road at a
point which is the Northeast corner of Lot 1 as shown on said
map, which is 250 feet north from the intersection of the West
line of Sapsucker Woods Road and the North line of Hanshaw Road;
thence North 1427 feet, more or less, along the street line to
the Northeast corner of Lot 15; thence to the Northwest corner of
Lot 15; thence South along the West line of Lots 15-11 inclusive,
497. 5 feet, more or less, to the Southwest corner of Lot 11;
thence East about 25 feet to .the Northwest corner of Lot 10;
thence South along the West line of Lots 2-10 inclusive, 950
feet, more or less, to the Northwest corner of Lot 1; thence East
along the North line of Lot 1, 175 feet to the place of
beginning.
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LOCAL LAW NO. 4 - 1986
TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE
DISTRICT (LIMITED MIXED USE) AT THE BIGGS COMPLEX OWNED BY
TOMPKINS COUNTY.
The Zoning Ordinance of the Town of Ithaca as re-adopted,
amended and revised effective February 26, 1968, be further
amended as follows:
1. Article II, Section 1 of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as
"Special Land Use District No. 3 ."
2 . The uses permitted in this Special Land Use District No.
3 are:
(a) any use permitted in an R9, R15, R30 or Multiple
Residence District.
(b) any use permitted in an Agricultural District.
(c) any use permitted in an A, B or E Business
District (Restaurant use only) .
3 . Notwithstanding the foregoing, no uses otherwise
permitted shall be allowed in such district if the uses produce
offensive noise, odors, smoke, fumes, vibration, glare,
electronic interference, radiation, or if the use involves
substances or devices that may cause harm due to their hazardous
nature. No uses shall be permitted if not pursuant to and
consistent with a unified plan for the entire Special Land Use
District as the same may be initially approved by the Planning
Board and subsequently amended with the approval of the Planning
Board.
4 . Any use in this district shall be governed by all of the
requirements, including sideyards, setbacks, building coverage,
accessory uses, and similar requirements, of the most restrictive
district (other than this Special Land Use District (Limited
Mixed Use) ) in which such use is permitted by other terms of this
ordinance, except that the number of parking places required
shall be the number presently provided unless the Planning Board,
in its discretion, determines parking is inadequate in which
event the number of parking places shall be increased to the
number designated by the Planning Board up to the maximum that
would otherwise be required by the most restrictive districts for
which each use would be governed but for the existence of this
Special Land Use District.
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5. In addition to the requirements and restrictions imposed
by any other district, there shall be no new construction in this
Special Land Use District unless and until all of the
requirements of this ordinance have been complied with and, in
addition, the following requirements to the extent not required
by other provisions of this ordinance:
(a) The exterior design, specifications, and plans for the
buildings and other improvements to be constructed on
the premises and the development of the grounds and
construction of all outside facilities including
lighting and signs shall have been shown on a final
site plan approved by the Planning Board, and any
construction thereafter shall be in accordance with
said site plan as finally approved. In determining
whether or not to approve the site plan, the Planning
Board may employ the same considerations it would
employ in approving a site plan pursuant to Sections 46
and 78 of this ordinance.
(b) Building permits shall be required for any
construction, including construction of signs and
outdoor lighting facilities. Such permits shall not be
issued until the Planning Board has approved the design
and specifications therefore.
(c) No further construction will occur until a new access
roadway has been built by Tompkins County from station
10+00 west of and through parcel P4 as shown on the map
referred to in Schedule A to this local law to connect
to the two-way driveway presently extending from the
southeast corner of parcel P3 as shown on said map to
Indian Creek Road according to a mutually agreeable
location and specifications acceptable to the Town
Board of the Town of Ithaca, and until utility
easements to serve properties to the north and west of
lands of Tompkins County be granted for water and sewer
extensions from existing on-site utility locations and
more specifically to the former Gilcher property and to
Indian Creek Road at locations and upon terms and
specifications satisfactory to the Town Board.
(d) No new construction and no additional occupancy of the
existing buildings in this Special Land Use District
shall be permitted if the Planning Board, in its
discretion, determines that present arrangements for
on-site parking are inadequate until sufficient on-
site parking spaces are provided in an amount required
by the Planning Board up to the maximum required by the
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most restrictive districts for which each use would be
governed but for the existence of this Special Land Use
District.
(e) Any construction for which a permit is granted shall
comply with all applicable laws, codes, ordinances,
rules and regulations.
6. The area encompassed and rezoned in accordance with this
local law to Special Land Use District No. 3 is described on
Schedule A to this local law. The Official Zoning Map of the
Town of Ithaca is hereby amended by adding such district at the
location described.
7 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
8 . This law shall take effect 20 days after its adoption or
the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF PORTION OF LANDS OF TOMPKINS COUNTY
BEING REZONED SPECIAL LAND USE DISTRICT NO. 3
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, State of New York, more particularly
described as follows:
COMMENCING at a point in the access road to the Tompkins County
Biggs facility which point of beginning is located 91.99 feet
south 23 degrees 11 minutes 36 seconds east from a "PK" nail
located in the center line of Indian Creek Road at the
intersection of said center line with the center line of said
access road; running thence south 76 degrees 49 minutes 53
seconds east 229.21 feet along the center line of a service road;
running thence on a curve to the right along the center line of
said service road with a chord direction of south 63 degrees 33
minutes 19 seconds east and a chord distance of 287.27 feet to a
point; running thence south 50 degrees 49 minutes 47 seconds east
along the center line of said service road 112 .53 feet to where
said center line intersects with the center line of another
service road; running thence south 15 degrees 36 minutes 25
seconds east along the center line of a service road 269.33 feet
to a point; running thence south 74 degrees 37 minutes 45 seconds
west 68. 12 feet to an iron pipe; thence running south 15 degrees
21 minutes 36 seconds east 155.9 feet to an iron pipe; running
thence north 74 degrees 29 minutes 53 seconds east 67 .47 feet to
a point; running thence on a curve to the left and then a slight
curve back to the right with a combined chord distance of south
49 degrees 9 minutes 39 seconds east and a chord distance of
209 .49 feet which line runs along the center line of said service
road to its intersection with the center line of another service
road; running thence northerly on the center line of the service
road and past the gas regulating house on a curve first to the
right and then slightly to the left, the combined chord being in
a direction of north 16 degrees 40 minutes 5 seconds east with a
chord distance of 344.8 feet to a point of juncture between the
center lines of two service roads; running thence on a slight
curve to the left along the center line of one of said service
roads a chord direction of north 85 degrees 5 minutes 49 seconds
east and a chord distance of 114.48 feet to a point; running
thence along the center line of said road on a chord direction of
north 69 degrees 42 minutes 24 seconds east and a chord distance
of 99 .87 feet to a point; continuing along the same center line a
chord direction of north 52 degrees 6 minutes 42 seconds east a
chord distance of 99.89 feet to a point; running thence along the
center line a further distance of 16.29 feet to a point; running
thence south 3 degrees 42 minutes 28 seconds east 645. 48 feet to
a point; running thence south 32 degrees 41 minutes 49 seconds
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east 88.47 feet to an iron pipe; running thence south 74 degrees
38 minutes 43 seconds west 403 .55 feet to the center line of a
service road; running thence south 14 degrees 3 minutes 25
seconds east along the center line of said road approximately 20
feet to a nail set in the middle of the road; running thence
south 74 degrees 34 minutes 8 seconds west south of the old
Hospital Building a distance of 296.25 feet to an iron pipe;
running thence south 15 degrees 22 minutes 41 seconds east on a
line parallel to a wing of the old Hospital and approximately 40
feet distant therefrom a distance of 121.86 feet to an iron pipe;
thence running north 74 degrees 23 minutes 51 seconds west and
passing 3 feet southerly of the old Hospital Building a distance
of 404 .3 feet to an iron pipe; running thence north 22 degrees 38
minutes 46 seconds west approximately 260 feet to a monument;
running thence north 19 degrees 0 minutes 26 seconds west 338.44
feet to an iron pipe; running thence on the same bearing a
distance of 121. 10 feet to an iron pipe; running thence north 81
degrees 15 minutes 52 seconds east 227.82 feet to an iron pipe;
continuing on the. same bearing 25 feet to the center line of a
service road; running thence on a slight curve to the left with a
chord bearing north 15 degrees 32 minutes 48 seconds west and a
chord distance of 273 .27 feet, said course running along the
center line of said service road to a point; thence north 23
degrees 11 minutes 36 seconds west along the center line of said
service road 537 . 96 feet to the point or place of beginning.
The description set forth above is based upon a map entitled
"Subdivision Map of Lands of the County of Tompkins N.Y.S. Route
96, Trumansburg Road, Town of Ithaca, Tompkins County, New York,"
dated August 1, 1984, amended April 24, 1985, made by T. G.
Miller Associates, P.C. , marked to show Proposed Mixed Use Zone
June 2, 1986 and is intended to include parcels designated P3,
P4, P6, P7A, P8A, and P9, a copy of which map is on file with the
Planning Department of the Town of Ithaca.
Containing approximately 22. 2 acres of land, more or less.
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LOCAL LAW NO. 1 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER CORNELL
UNIVERSITY STATLER WEST COMPLEX (as amended by Local Law No. 5-
1987) .
The Zoning Ordinance of the Town of Ithaca as readopted,
amended and revised effective February 26, 1968, and thereafter
further amended, be further amended as follows:
1. Articlle II, Section 2 of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as
"Special Land Use District No. 4"
2 . The uses permitted in Special Land Use District No. 4
are:
(a) any use permitted in an R-15 residence district;
(b) business offices or professional offices, such as
medical offices and laboratories (subject to the
further provisions stated herein) ;
(c) art gallery;
(d) up to two residential apartments.
3 . Notwithstanding the foregoing, no uses otherwise
permitted shall be allowed in such district if the uses produce
offensive noise, odors, smoke, fumes, vibration, glare,
electronic interference, radiation, or if the use involves
substances or devices that may cause harm due to their hazardous
nature. No uses shall be permitted if not pursuant to and
consistent with a unified plan for the entire Special Land Use
District as the same may be initially approved by the Planning
Board and subsequently amended with the approval of the Planning
Board.
4 . Any use in this district shall be governed by all of the
requirements, including parking, sideyards, setbacks, building
coverage, accessory uses, and similar requirements, of the most
restrictive district (other than this Special Land Use District
(Limited Mixed Use) ) in which such use is permitted by other terms
of this ordinance.
5. In addition to the requirements and restrictions imposed
by any other district, there shall be no new construction in this
Special Land Use District unless and until all of the
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requirements of this ordinance have been complied with and, in
addition, the following requirements to the extent not required
by other provisions of this ordinance:
(a) The exterior design, specifications, and plans for the
buildings and other improvements to be constructed on
the premises and the development of the grounds and
construction of all outside facilities including
lighting and signs shall have been shown on a final
site plan approved by the Planning Board, and any
construction thereafter shall be in accordance with
said site plan as finally approved. In determining
whether or not to approve the site plan, the Planning
Board may employ the same considerations it would
employ in approving a site plan pursuant to Sections 46
and 78 of this ordinance.
(b) Building permits shall be required for any
construction, including construction of signs and
outdoor lighting facilities. Such permits shall not be
issued until the Planning Board has approved the design
and specifications therefore.
(c) No new construction and no additional occupancy of the
existing buildings in this Special Land Use District
shall be permitted if the Planning Board, in its
discretion, determines that present arrangements for
on-site parking are inadequate until sufficient on-site
parking spaces are provided in an amount required by
the Planning Board up to the maximum required by the
most restrictive districts for which each use would be
governed but for the existence of this Special Land Use
District.
(d) Any construction for which a permit is granted shall
comply with all applicable laws, codes, ordinances,
rules and regulations.
6. The area encompassed and rezoned in accordance with this
local law to Special Land Use District No. 4 is described on
Schedule A to this local law. The Official Zoning Map of the
Town of Ithaca is hereby amended by adding such: district at the
location described.
7. In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
8 . This law shall take effect 20 days after its adoption or
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the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF PORTION OF LANDS OF CORNELL UNIVERSITY
BEING REZONED SPECIAL LAND USE DISTRICT NO. 4
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
Tompkins County, State of New York, being located on New York
State Route 96 in said Township and being more particularly
described as follows:
COMMENCING at the southwest corner of premises reputedly owned by
Paleontological Research, Inc. (see deed recorded in the Tompkins
County Clerk's Office in Book 464 of Deeds at Page 405) , which
point is also a northwest corner of premises reputedly owned by
Cornell University as shown on a map entitled "Proposed Special
Land Use District for J. Ciaschi and the Mayer School at the
Cornell U. Statler West Complex," dated December 17, 1986, by J.
W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands
of Cornell University, Lot No. 87, Town of Ithaca, " dated August
26, 1986, by Milton A. Greene, P.L.S. 42000, which corner is an
east line of New York State Route 96; running thence north 68
degrees 48 minutes east along a southwesterly line of the
Paleontological Research premises a distance of 710.22 feet to an
iron pipe; running thence south 46 degrees 30 minutes east
passing through an iron pipe at 317. 18 feet a total distance of
405 feet to an iron pipe; running thence south 10 degrees 10
minutes east 241.76 feet to an iron pipe; running thence on a
slight curve to the left with a chord distance of 230..24 feet on
a bearing of south 64 degrees 57 minutes west with a radius of
448. 26 feet to an iron pipe; running thence south 50 degrees 4
minutes west 321.76 feet to a point in the east line of New York
State Route 96; running thence north 43 degrees 56 minutes west
passing through an iron pipe at 438.88 feet a total distance of
784 . 08 feet to the point or place of beginning.
The above description is based upon a map entitled "Proposed
Special Land Use District for J. Ciaschi and the Mayer School at
the Cornell U. Statler West Complex, " dated December 17, 1986, by
J. W. Mayer, Map Source: "Final Plat, Proposed Subdivision,
Lands of Cornell University, Lot No. 87, Town of Ithaca, " dated
August 26, 1986, by Milton A. Greene, P.L.S. 42000, a copy of
which map is on file with the Planning Department of the Town of
Ithaca.
Containing approximately 10.2 acres of land, more or less.
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LOCAL LAW NO. 6 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE BY REZONING A PORTION
OF LAND AT 136-146 SEVEN MILE DRIVE FROM R-30 (RESIDENTIAL
DISTRICT) TO R-5 (MOBILE HOME PARK DISTRICT)
The Zoning Ordinance of the Town of Ithaca as readopted,
amended and revised effective February 26, 1968 and subsequently
amended, be further amended as follows:
1. The zoning map dated July 1, 1954, as amended to date,
is hereby further amended by rezoning the lands described on
Schedule A incorporated into this local law from residence
district R-30 to residence district R-5 (mobile home park
district) .
2 . The area so rezoned is subject, in addition to the
conditions set forth in Article II-A to the following additional
conditions:
(a) A buffer zone 30 feet in depth from the right of way of
Seven Mile Drive be established within' one year from the
effective date of this local law.
(b) The density of the present, non-conforming, existing
mobile home park, be reduced from 24 to 22 mobile homes within
one year from the effective date of this local law and to 20
mobile homes within three years of the effective date of this
local law.
(c) The total number of mobile homes within the area being
rezoned (including the existing park and the planned expansion of
same) shall not exceed 52 .
(d) The expansion of the park shall occur in phases. The
first phase shall consist of no more than ten new units plus
removal of up to two units from the existing park to the proposed
expansion area. Building permits for no more than such twelve
new units may be issued during the first year following enactment
of this local law. After such twelve building permits are issued
and mobile homes installed with respect to all of such permits,
no further building permits shall be issued until
(i) The developer, in cooperation with the Town of Ithaca
Engineer and the Tompkins County Health Department, conducts
such tests as the Town Engineer may reasonably require to
determine the impact of the additional units on the water
and septic systems of the Park and surrounding neighbors;
and
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(ii) The Town Engineer reports to the Planning Board the
results of such tests; and
(iii) The Planning Board is reasonably satisfied that the
addition of such twelve units has not had a significant
adverse impact (a) upon the quality and adequacy of water
for the remainder of the Park and for the surrounding
landowners (or if a significant impact is found, such impact
will be ameliorated by the imminent availability of public
water) or (b) upon the quality, adequacy, and effectiveness
of the septic systems for the Park and surrounding
neighbors; and
(iv) The Planning Board is reasonably satisfied that the
addition of up to ten more units (Phase Two units) will have
no such significant impact in the future upon water supplies
and septic systems.
Upon making such determination, and subject to such other
additional conditions as the Planning Board may reasonably
impose, the developer may be authorized by the Planning Board to
install up to ten more new units in accordance with final site
plan approval from the Planning Board for Phase II of the
development, and up to ten more building permits may thereafter
issue for same.
No more than the ten permits for Phase II shall be issued
until completion of Phase II and the developer has again
conducted tests as required upon completion of the first phase of
ten units and two relocated units and the same procedures are
again followed and the same determinations are again made with
respect to there being no significant impact on water supplies
and septic systems from the already constructed units and the
planned final ten units. If the Planning Board finds no such
significant impact has or will occur, and otherwise approves a
final site plan for Phase III, the developer may receive building
permits for up to ten final units to the extent authorized and
approved by the Planning Board and upon such conditions as may be
reasonably imposed by the Planning Board.
(e) The existing park driveway be reconstructed upon
completion of Phase I of the proposed mobile home park expansion,
or within one year of the effective date of this local law,
whichever is earlier, as may be specified by the Planning Board,
including specifications as to width, parking, surface
construction, and granting any final site plan approvals of any
of the phases.
(f) Proper erosion control measures be practiced during
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project development.
(g) The owner of the area being rezoned enter into an
agreement in form and substance satisfactory to the Town of
Ithaca Planning Board and the Town Attorney submitting the entire
area to be rezoned (including the existing mobile home park) to
the conditions contained in this local law, and, to the extent
not modified by this .local law, to the requirements of Article
II-A of the Town of Ithaca Zoning Ordinance or any successor
statute, with such modifications applicable to the existing non-
conforming park as the Town of Ithaca Planning Board may approve
in approving the final site plan for the expanded park and
including those modifications set forth in the resolution of the
Town Planning Board relating to this project dated December 2,
1986. Such agreement shall be in a form as to permit its
recording in the Tompkins County Clerk's Office and shall be
recorded in such office at the owner's expense within ten days of
final site plan approval of the first phase by the Town Planning
Board.
(h) The owner of the rezoned area provide an "as built"
site plan of the existing mobile home park in form and substance
satisfactory to the Town of Ithaca Planning Board showing the
mobile homes, lots, utilities, roads, and other items reasonably
required by the Board. Such plan shall be submitted before final
site plan approval of any new lots.
M All refuse and debris, including especially any
inorganic items (pipes, sheetmetal, cans, etc. ) , be removed from
the existing park and the planned expansion of the park, or
stored only in closed garbage containers located as approved by
the Town of Ithaca Planning Board, before any building permits
are issued for the new park.
(j ) The mobile home park (both existing and the planned
expansion of same) be kept free of refuse and debris.
(k) If the operator of the mobile home park fails to comply
with the requirements set forth in this local law, without
limiting other remedies available to the Town of Ithaca, the Town
may withhold an annual operating permit as well as any future
building permits until the premises and the owner are in full
compliance with the conditions set forth in this local law and
the requirements of the Town of Ithaca Zoning Ordinance.
(1) A final site plan containing such details and
information as may be required by the Town of Ithaca Planning
Board be submitted to and approved by such Board pursuant to
Section 46-a of the Zoning Ordinance, as if this were the
creation of a Special Land Use District.
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3 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
4 . This law shall take effect 20 days after its adoption or
upon the date it is filed in the Office of the Secretary of State
of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF LANDS BEING REZONED FROM
R-30 TO R-5 ON SEVEN MILE DRIVE
ALL THAT TRACT OR PARCEL OF LAND situate in, the Town of
Ithaca, Tompkins County, State of New York, more particularly
described as follows: . COMMENCING at a point in the center line
of Seven Mile Drive which point is approximately 1, 472 feet
northerly along the center line of Seven Mile Drive from its
intersection with the center line of New York State Route 13 and
which point of beginning is in a southeasterly corner of premises
presently owned by Paul Jacobs; running thence north 89 degrees
55 minutes 30 seconds west along the southerly line of said
Jacobs parcel approximately 1,206 feet to a southwesterly corner
of said Jacobs parcel; running thence north 3 degrees 5 minutes
29 seconds west along a westerly line of said Jacobs parcel a
distance of approximately 444 feet to a corner in said property;
running thence south 89 degrees 49 minutes west 120 feet to a
point, which point is approximately 1, 135.82 feet easterly of the
center line of Calkins Road; running thence north 0 degrees 11
minutes west parallel to the center line of Calkins Road a
distance of approximately 209. 1 feet to a point in the north line
of premises owned by Jacobs; running thence north 89 degrees 49
minutes east along said north line of Jacobs 1, 075. 66 feet to a
point which point is located 250 feet south 89 degrees 49 minutes
east from the center line of Seven Mile Drive and which point is
marked by an iron pin; running thence south 54 degrees east
between said barn and garage a distance of 180 feet to an iron
pin; running thence north 89 degrees 49 minutes east passing
through an iron pin at 224 .20 feet a total distance of 250 feet
to the center line of Seven Mile Drive; running thence south 0
degrees 54 minutes east along the center line of Seven Mile Drive
a total distance of 478. 02 feet the point or place of beginning.
The description set forth above is based upon two maps, one
entitled "Map of Survey Portion of Lands Owned by Paul A. and
Linda S. Jacobs" dated April 26, 1986, revised July 31, 1986,
surveyed and mapped under direction of Richard L. McDowell, Jr.
and a general site plan entitled "Addition to College View Mobile
Home Park, Paul Jacobs, Seven Mile Drive, Ithaca, New York,
14850" dated November 20, 1986, made by William F. Albern, P.E. ,
copies of which maps are on file with the Planning Department of
the Town of Ithaca.
Containing approximately 18 acres of land, more or less.
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LOCAL LAW NO. 10 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE REZONING THE FORMER ODD
FELLOWS CARRIAGE HOUSE FROM RESIDENCE DISTRICT R-30 TO MULTIPLE
RESIDENCE DISTRICT.
The Zoning Ordinance of ,the Town of Ithaca as readopted,
amended and revised effective February 26, 1968, and subsequently
amended, be further amended as follows:
1. The Zoning Map dated July 1, 1954, as amended to date,
is hereby further amended by rezoning the lands described on
Schedule A incorporated into this local law from Residence
District R-30 to Multiple Residence District.
2 . The area so rezoned is subject, in addition to the
conditions set forth in Article 6 of the Zoning Law to the
following additional conditions:
(a) There shall be no more than seven dwelling units
permitted on said land.
(b) No dwelling unit will be occupied by any more than
three unrelated persons and the entire premises will
not be occupied by any more than a total of 21 people,
related or otherwise.
(c) There shall be filed with the Town Clerk of the
Town of Ithaca and with the Tompkins County Clerk a
Declaration of Restrictive Covenant, in form and
substance satisfactory to the Town Attorney, limiting
the occupancy in the manner set forth above.
(d) The execution by the developer of appropriate
easements, subject to the approval by the Town
Attorney, such that there be one-way ingress at the
southern Statler West Complex gate for the Multiple
Residence District created by this local law, the Mayer
School, and the former Odd Fellows Infirmary, and such
that there be egress from the northerly gate of the
Statler West Complex, until such time as a road is
constructed along the 60-foot right of way located
adjacent to the northerly line of the premises being
rezoned to Multiple Residence by this local law. These
easements may be modified in the discretion of the
Town of Ithaca Planning Board after review of a revised
site plan showing the proposed modification.
(e) There will be no construction of additional
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buildings on the area rezoned to Multiple Residence
District except small accessory buildings as are shown
on a site plan for the Multiple Residence District
approved by the Town of Ithaca Planning Board.
3 . This local law shall take effect upon its filing with
the Secretary of State or 20 days after its adoption, whichever
is later.
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, New York, being known generally as
Ithaca Tax Parcel 6-24-3-3 .3 located on Trumansburg Road and is
more particularly described in accordance with the map entitled
"Final Plat Proposed Subdivision Lands of Cornell University"
dated August 26, 1986 made by Milton A. Greene, a -copy of which
final plat is on file with the Town of Ithaca Planning Office as
follows:
COMMENCING at an iron pipe in the easterly line of New York
State Route 96 which iron pipe and point of beginning is located
the following courses and distances from the intersection of the
center line of New York State Route 96 and Bundy Road:
(f) northwesterly along the center line of New York
State Route 96 approximately 1649. 0 feet;
(g) thence north 66 degrees 46 minutes east 35.28 feet
to the easterly line of New York State Route 96;
(h) thence north 43 degrees 56 minutes west along the
easterly line of New York State Route 96 to the iron pipe at
the point of beginning, which iron pipe is in the
southwesterly corner of the lands hereinafter described and
in the northwesterly corner of a 1.47 acre parcel
denominated "Parcel. No. 3" on said map.
Running from said point of beginning the following courses and
distances:
(a) north 56 degrees 36 minutes east 419. 03 to an iron
pipe;
(b) north 10 degrees 10 minutes west 168.26 feet to a
point in the southerly line of an area reserved for future
access road; thence on a curve to the left an arc distance
of 201.7 feet, said curve having a radius of 448. 26 feet and
a chord distance of 199.42 feet on a bearing of south 64
degrees 57 minutes west to a point;
(c) south 50 degrees 4 minutes west 317 .56 feet to a
point;
(d) south 43 degrees 56 minutes east 150 feet along
the easterly line of New York State Route 96 to the point or
place of beginning.
It is the intent to describe Parcel No. 2 as shown on the
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above mentioned map being approximately 1.83 acres and the parcel
shown as having a cottage on said map.
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LOCAL LAW NO. 2 - 1988
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) AT 904-906 EAST SHORE DRIVE
FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE (as amended by Local
Law No. 4 - 1988) .
The Zoning Ordinance of the Town of Ithaca - as readopted,
amended, and revised effective February 26, 1968, and thereafter
further amended, be further amended as follows:
1. Article II, Section 2 of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as
"Special Land Use District No. 5."
2 . The uses permitted in Special Land Use District No. 5
are:
(a) Any use permitted in a R-15 residence district;
(b) Professional offices for occupancy by non-profit
entities (subject to the further provisions stated
herein) ; and
(c) Visitors information center or tourism center for
the area, in either instance operated by a not-
for-profit or municipal entity.
3 . Notwithstanding the foregoing, no uses shall be
permitted if not pursuant to and consistent with a unified plan
for the Special Land Use District (Limited Mixed Use) as such is
initially approved by the Planning Board and subsequently amended
with the approval of the Planning Board.
4. Any use in this district shall be governed by all of the
requirements, including parking, sideyards, setbacks, building
coverage, accessory uses, and similar requirements (except for
permitted occupancies which shall be only as set forth above)
relating to an R-15 residence district.
5. In addition to the requirements and restrictions imposed
above there shall be no new construction in this Special Land Use
District unless and until all of the requirements of- this
ordinance have been complied with and, in addition, the following
requirements to the extent not required by other provisions of
this ordinance:
(a) The exterior design, specifications, and plans for
the buildings and other improvements to be
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constructed on the premises and the development of
the grounds and construction of all outside
facilities including lighting, drainage plans,
landscaping, signage, and traffic circulation
approved by the New York State Department of
Transportation shall have been shown on a final
site plan approved by the Planning Board. Any
construction thereafter shall be in accordance
with said site plan as finally approved. in
determining whether or not to approve the site
plan, in addition to the requirements set forth
specifically relating to this Special Land Use
District No. 5, the Planning Board may employ the
same considerations it would employ in approving a
site plan pursuant to Sections 46 and 78 of this
ordinance.
(b) Building permits shall be required for any
construction, including construction of signs,
walls, and outdoor lighting facilities. Such
permits shall not be issued until the Planning
Board has approved the design and specifications
for any items for which a building permit is
sought.
(c) Any construction for which a permit is granted
shall comply with all applicable laws, codes,
ordinances, rules and regulations.
6. In addition to the requirements and restrictions set
forth above occupancy and use of the premises shall be further
limited as follows:
(a) No building permit shall be issued until a plan
shall have been submitted to the Planning Board
and approved by the Planning Board showing
adequate parking and access to be maintained
within the district.
(b) Once constructed, any building on the premises
shall' have no more than ten persons employed in
the building at any one time.
(c) No activities will be conducted in the Special
Land Use District between the hours of 10: 30 P.M.
and 7: 00 A.M.
(d) No activities will be conducted in said Special
Land Use District which will cause disturbing
noise, odors, or glare to any adjacent landowners.
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7 . The area encompassed and rezoned in accordance with this
local law to Special Land Use District No. 5 is described on
Schedule A to this local law. The official zoning map of the
Town of Ithaca is hereby amended by adding such district at the
location described.
8 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
9 . This law shall take effect 20 days after its adoption or
the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF ENLARGED SPECIAL LAND USE DISTRICT NO. 5
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, County of Tompkins and State of New York, bounded and
described as follows:
COMMENCING at a point in the center line of East Shore
Drive, State Route 34, at or near the northeast corner of
premises of the City of Ithaca (Liber 204 of Deeds at page 274)
which premises are known generally as the site of the Ithaca
Youth Bureau; running thence northerly and along the center line
of East Shore Drive 60 feet to the southeast corner of lands
reputedly of Leo M. Wells (see 379 Deeds 410) ; continuing
northerly along the center line of East Shore Drive a distance of
79 . 5 feet to the northeast corner of said Wells property and also
the southeast corner of other premises reputedly owned by Wells
(see Liber 466 of Deeds at page 230) ; continuing northerly along
the center line of East Shore Drive 117. 3 feet to the northeast
corner of said second Wells parcel; running thence southwesterly
and along premises now or formerly reputedly of Signorelli (590
Deeds 1128) a distance of approximately 223 feet to the east line
of premises now or formerly of the Lehigh Valley Railroad
Company; thence southwesterly along the easterly line of said
railroad company a distance of approximately 141 feet to a point;
thence southerly running along the westerly line of the second
Wells parcel described above; the first Wells parcel described
above and the premises now or formerly of Bowman (see Book 585 of
Deeds at page 594) a total distance of 82. 8 feet to a point,
which point is the southwest corner of said Bowman parcel;
running thence easterly and in part along the City of Ithaca
Youth Bureau site and in total along the southerly line of said
Bowman parcel a total distance of 264 feet to the east line of
East Shore Drive; continuing thence in the same direction a
distance of approximately 33 feet to the center line of East
Shore Drive at the point or place of beginning.
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LOCAL LAW NO. 2 - 1989
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) FOR THE INDIAN CREEK
RETIREMENT COMMUNITY ON TRUMANSBURG ROAD OWNED BY CMH ASSOCIATES
The Zoning Ordinance of the Town of Ithaca as readopted, amended,
effective February 26, 1968, and subsequently amended, be further
amended as follows:
1. Article 2, Section l of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as
"Special Land Use District No. 6".
2 . The uses permitted in this Special Land Use District No.
6 are:
(a) Detached one-family dwellings. One family
dwellings may be occupied by not more than
(i) an individual, or
(ii) a family, or
(iii) a family plus one additional boarder,
roomer, lodger or other occupant, or
(iv) two individuals, boarders, roomers, lodgers
or other occupants.
(b) Detached two-family dwellings. Each dwelling unit
in the two-family dwellings may be occupied by not more
than
(i) an individual, or
(ii) a family, or
(iii) a family plus one additional boarder,
roomer, lodger or other occupant, or
(iv) two individuals, boarders, roomers, lodgers
or other occupants.
(c) Attached single-family units aggregated together
in one or more buildings of up to 80 dwelling units.
Each one-family unit in said attached units may be
occupied by
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(i) an individual, or
(ii) a family, or
(iii) two individuals, boarders, roomers, lodgers
or other occupants.
(d) The attached single-family dwelling units may be
condominium units or other ownership of less than the
minimum lot size normally required in an R-15 zone as
may be approved by the Town of Ithaca Planning Board.
(e) A community facility which may be attached to the
attached single-family units or may be free-standing,
not in excess of 7, 000 square feet, to be used for
central dining facilities (with serving kitchen) ,
activity areas, and other related community service
space to be made available principally for the use of
the residents of the retirement community.
(f) Permitted accessory uses shall include the
following:
(i) off-street garage or parking spaces for the
residents of and the employees working at the
Indian Creek Retirement Community.
(ii) accessory buildings such as storage sheds,
pavilions, gazebos, and other similar small
buildings provided that no single building exceeds
more than 200 square feet in size and provided
further that the size and location of each such
building is approved by the Planning Board.
(g) Common recreational areas including . walkways,
parks, community gardens, and other similar outdoor
recreational facilities.
(h) Any municipal or public utility purpose necessary
to the maintenance of utility services for the Indian
Creek Retirement Community.
(i) Signs, as regulated by the Town of Ithaca Sign
Law.
3 . Any use in this district shall be governed by all of the
requirements, including side yards, setbacks, building coverage,
accessory uses, and similar requirements, of a residence district
R-15, except as the same may be specifically modified by the
terms of this local law.
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4 . In addition to the requirements and restrictions imposed
by the Town of Ithaca Zoning Ordinance, the area being rezoned to
Special Land Use District No. 6 shall be subject to the following
conditions:
(a) The exterior design, specifications, and plans for
the buildings and other improvements to be constructed
on the premises and the development of the grounds and
construction of all outside facilities including
lighting and signs shall have been shown on a final
site plan approved by the Planning Board, and any
construction thereafter shall be in accordance with
said site plan as finally approved. In determining
whether or not to approve the site plan, the Planning
Board may employ the same considerations it would
employ in approving a site plan pursuant to Sections 46
and 78 of the Town of Ithaca Zoning Ordinance.
(b) Building permits shall be required for any
construction, including construction of signs and
outdoor lighting facilities. Such permits shall not be
issued until the Planning Board has approved the design
and specifications for such proposed construction.
(c) The primary access roadway from Trumansburg Road
leading westward shall be a double road with a median
island for at least the first 1300 feet of its length
and such roadway shall be constructed in accordance
with Town of Ithaca highway specifications, dedicated
and deeded to the Town and accepted by the Town before
any certificates of occupancy are issued.
(d) Such additional portions of the roads in the
project shall be constructed in accordance with Town of
Ithaca highway specifications, dedicated and deeded to
the Town, and accepted by the Town as the Planning
Board may, in approving the final site plan, determine.
(e) The Declaration of Condominium, the Certificate of
Incorporation of any homeowners association or similar
group, and the bylaws of any such organization, shall
be submitted to the Planning Board for recommendation
and shall be approved by the Town of Ithaca before the
same are filed and adopted.
(f) There shall be a maximum of 140 dwelling units
within the Special Land Use District of which no more
than 80 dwelling units shall be contained in attached
configuration of more than two dwelling units per
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building, and no more than 60 dwelling units shall be
contained in detached one and two-family dwelling unit
configuration.
(g) There shall be dedicated to the Town of Ithaca as
park space a four acre park site in the easterly
portion of the project as shown as the general plan
with the precise metes and bounds to be determined by
the final site plan approval by the Planning Board,
such dedication to occur prior to the issuance of any
certificates of occupancy for any of the units on the
property.
(h) There shall be dedicated and conveyed to the Town
of Ithaca a 20 foot strip of land in fee simple
substantially along the southerly line of the Special
Land Use District as shown on the general plan, the
precise metes and bounds description to be as finally
determined on the final site plan, said strip of land
to be conveyed for trail and other municipal purposes.
(i) The developer shall reserve and dedicate for open
space approximately six acres of land adjoining the
westerly portion of the southerly line of the Special
District boundary, the center line of the six acre
strip of land being the center line of Indian Creek,
all as more particularly shown on the schematic site
plan dated November 22, 1988 submitted in support of
the application for rezoning. Said area shall be
deeded to the Town of Ithaca for open space area and
municipal purposes before the issuance of any
certificates of occupancy for any dwelling unit within
the Special Land Use District.
(j ) All of the dwelling units shall be owner-occupied
subject to the following:
(i) A unit may be occupied by other than the
owner as long as the occupant is related by blood
(e.g. , father, mother, grandfather, grandmother,
etc. ) to the owner.
(ii) A unit may be rented by an owner for no more
than a cumulative period of twelve months within
any continuous thirty-six month period.
Permission to rent and/or sublet for a longer
period of time shall be obtained in writing from
the Board of Directors or other governing body of
any homeowners association established in
connection with the community. In no case,
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however, may a unit be rented by an owner or
owners for more than 24 months cumulatively in any
five-year period.
(iii) Notwithstanding the foregoing, the
developer shall be allowed to rent one or more
units for a period not to exceed two years in each
case from the date of issuance of the original
certificate of occupancy for the unit being
rented, provided that at no time may the developer
have more than sixteen units rented under this
provision at any one time.
(k) The dwelling units shall be occupied by persons
over the age of 54 years pursuant to rules and
regulations contained in bylaws, declarations, or other
regulations approved by the Town Board. Such
regulations may permit temporary occupancy by visitors
under the age of 55 years.
(1) Notwithstanding any provisions of the Town of
Ithaca Zoning Ordinance to the contrary, in Special
Land Use District No. 6, no building shall be erected,
altered, or extended to exceed 42 feet 6 inches in
height from the lowest interior grade or 40 feet 6
inches in height from the lowest exterior grade,
whichever is lower. No structure other than a building
shall be erected, altered, or extended to exceed 30
feet in height.
(m) Except as specifically provided for herein any
construction for which a permit is granted shall comply
with all applicable laws, codes, ordinances, rules and
regulations.
(n) The execution of an agreement mutually acceptable
to the developer and the Town of Ithaca relating to the
terms under which
(i) the developer will provide its own water
service or facility for the Indian Creek
Retirement Community; and/or
(ii) the developer will construct any sewer
and/or water mains that may be required to provide
water and/or sewer service to the Indian Creek
Retirement Community; and/or
(iii) the developer may make contributions to the
Town of Ithaca in amounts to be mutually agreed
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upon to permit the Town to construct or upgrade
water supply and/or sewage disposal facilities
necessitated by the construction of the Indian
Creek Retirement Community.
Such agreement to be executed, unless waived by the
Town of Ithaca, prior to the issuance of any building
permits for any construction in the Indian Creek
Retirement Community.
5. Any significant revisions to the schematic site plan of
November 22, 1988 submitted to the Town Board shall be submitted
to and be approved by the Town Board before issuance of any
building permits. In accordance with the provisions of the
Zoning Ordinance a final site plan shall be submitted to and
approved by the Town of Ithaca Planning Board before issuance of
any building permits.
6. The area encompassed and rezoned in accordance with this
local law to Special Land Use District No. 6 is described on
Schedule A to this local law. The official zoning map of the
Town of Ithaca is hereby amended by adding such district at the
location described.
7 . Any violations of the terms of this local law shall
constitute a violation of the Town of Ithaca Zoning Ordinance and
shall be punishable as set forth in said ordinance and in Section
268 of the Town Law of the State of New York. Each week's
continued violation shall constitute a separate offense.
Notwithstanding the foregoing, the Town reserves for itself, its
agencies and all other persons having an interest, all remedies
and rights to enforce the provisions of this law, including,
without limitation, actions for any injunction or other equitable
remedy, or action and damages, in the event the owner of the
parcels covered by this law fails to comply with any of the
provisions hereof.
8 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
9. This law stall take effect 10 days after its publication
in the Ithaca Journal.
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SCHEDULE A
DESCRIPTION OF LAND OF INDIAN CREEK RETIREMENT COMMUNITY
REZONED SPECIAL LAND USE DISTRICT NO. 6
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, State of New York, more particularly
described as follows: COMMENCING at a point in the west line of
Trumansburg Road which point is at the northeast corner of
premises reputedly owned by Joyce (see deed recorded in the
Tompkins County Clerk's Office in Book 602 of Deeds at Page 507) ;
running thence south 66 degrees west along the north line of
Joyce 257. 1 feet to an iron pin; running thence south 24 degrees
23 minutes east along a west line of Joyce 457. 3 feet to an iron
pin; running thence south 69 degrees 4 minutes west along a fence
line 464 . 0 feet to a pipe; running thence south 81 degrees 28
minutes west along a fence line 531.8 feet to a pipe; running
thence south 60 degrees 8 minutes west along the remains of an
old fence line 323 .4 feet to a pipe; running thence south 2
degrees 45 minutes east approximately 50 feet to a point, 100
feet northerly from the center line of Indian Creek; running
thence westerly on a curve parallel to and 100 feet northerly of
the center line of Indian Creek a distance of approximately 1400
feet to a point in the west line of premises shown on a map
entitled "Survey Map Lands of Bruce M. Babcock Located on
Trumansburg and Hayts Roads, Military Lots 40 and 41, Town of
Ithaca, Tompkins County, New York" dated May 29, 1987 ; running
thence north 9 degrees 27 minutes east along the west line as
shown on said map approximately 1280 feet to a pipe; running
thence south 89 degrees 19 minutes east 1,215.5 feet to the
center line of Trumansburg Road running in part along an old
fence and hedge; running thence on a curve to the left along the
center line of Trumansburg Road, said curve having an arc
distance of 302 feet and a chord direction of south 45 degrees 48
minutes east and a chord distance of 301. 8 feet to the point or
place of beginning.
The description set forth above is based largely upon the
above referenced survey map of the lands of Bruce M. Babcock, a
copy of which map is on file with the Planning Department of the
Town of Ithaca.
Containing 66 acres of land, more or less.
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APPENDIX
CERTAIN LOCAL LAWS RELATING TO THE
ZONING ORDINANCE
in the
TOWN OF ITHACA
As enacted through January 9, 1990
ARTICLE XV
LOCAL LAW #5 - 1985
RELATING TO FLOOD DAMAGE PROTECTI(N
AS AMENDED BY LOCAL LAW #9 - 1987
AND LOCAL LAW #3 , 1989
SECTION 1. 0
STATUTORY AUTHORIZATION AND PURPOSE
1. 1 FINDINGS
The Town Board of the Town of Ithaca finds that the poten-
tial and/or actual damages from flooding and erosion may be
a problem to the residents of the Town of Ithaca and that
such damages may include: destruction or loss of private and
public housing, damage to public facilities, both publicly
and privately owned, and injury to and loss of human life.
In order to minimize the threat of such damages and to
achieve the purposes and objectives hereinafter set forth,
this local law is adopted.
1. 2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public
health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific
areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety
and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood
heights or velocities;
(2) require that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) control the alteration of natural flood plains, stream
channels, and natural protective barriers which are
involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other
development which may increase erosion or flood
damages;
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(5) regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase
flood hazards to other lands, and;
(6) qualify and maintain eligibility for participation in
the National Flood Insurance Program.
1. 3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly
flood control projects;
(3) to minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone, sewer
lines, streets and bridges located in areas of special
flood hazard;
(6) to help maintain a stable tax base by providing for the
sound use and development of areas of special flood
hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property
is in an area of special flood hazard; and,
(8) to ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
SECTION 2 . 0
DEFINITIONS
Unless specifically defined below, words or phrases used in this
local law shall be interpreted so as to give them the meaning
they have in common usage and to give this local law its most
reasonable application.
"Appeal" means a request for a review of the Building Inspector's
interpretation of any provision of this Local Law or a request
for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a
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community's Flood Insurance Rate Map (FIRM) with base flood
depths from one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain
within a community subject to a one percent or greater chance of
flooding in any given year. This area may be designated as Zone
A, AE, AH, AO, Al-99, V, VO, VE, or V1-30. It is also commonly
referred to as the base floodplain or 100-year floodplain.
"Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"Basement" means that portion of a building having its floor
subgrade (below ground level) on all sides.
"Building" means any structure built for support, shelter, or
enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement"
"Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, paving, excavation or
drilling operations located within the area of special flood
hazard.
"Elevated building" means a non-basement building built to have
the lowest floor elevated above the ground level by means of
fill, solid foundation perimeter walls, pilings, columns (posts
and piers) , or shear walls.
"Existing manufactured home park or manufactured home subdivi-
sion" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which the
manufactured home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
completed before the effective date of Local Law #5 - 1985.
"Flood" or "Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface
waters from any source.
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"Flood Boundary and Floodway Map (FBFM) " means an official map of
the Community published by the Federal Emergency Management
Agency as part of a river in Community's Flood Insurance Study.
The FBFM delineates a Regulatory Floodway along water courses
studied in detail in the Flood Insurance Study.
"Flood Hazard Boundary Map (FHBM) " means an official map of a
community, issued by the Federal Emergency Management Agency,
where the boundaries of the areas of special flood hazard have
been defined but no water surface elevation is provided.
"Flood Insurance Rate Map (FIRM) " means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary Floodway Map, as eleva-
tions of the base flood.
"Floodproofina" means any combination of structural and non-
structural additions, changes, or adjustments to structures which
reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their
contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers, shipbuild-
ing, and ship repair. The term does not include long-term
storage, manufacture, sales, or service facilities.
"Lowest Floor" means lowest level including basement, cellar,
crawlspace or garage of the lowest enclosed area.
"Manufactured home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and designed
to be used with or without a permanent foundation when connected
to the required utilities. The term also includes park trailers,
travel trailers, and similar transportable structures placed on a
site for 180 consecutive days or longer.
"Mean Sea Level" means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD) of
1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
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"New Construction" means structures for which the "start of
construction" commenced on or after the effective date of this
Local Law.
"Principally Above Ground" means that at least 51 percent of the
actual cash value of the structure, excluding land value, is
above ground.
"Regulatory Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height as
determined by the Federal Emergency Management Agency in a Flood
Insurance Study or by other agencies as provided in Section 4 . 3-2
of this Law.
"Start of Construction" includes substantial improvement and
means the first placement of permanent construction of a struct-
ure (other than a manufactured home) on a site, such as the
pouring of slabs or footings, the installation of piles, the
construction of columns or any work beyond the stage of excava-
tion. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not as part of the main
structure. For manufactured homes, "start of construction" is
the date on which the construction of facilities for servicing
the site on which the manufactured home is to be affixed (includ-
ing, at a minimum, the construction of streets, either final site
grading or the pouring of concrete pads, and installation of
utilities) is commenced but in any event, no later than the
placement of a manufactured home on a foundation.
"Structure" means a walled and roofed building, a manufactured
home, or a gas or liquid storage tank, that is principally above
ground.
"Substantial Improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being
restored, before the damage occurred.
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For the purposes of this definition "substantial improvement" is
considered to commence when the first alteration of any wall ,
ceiling, floor or other structural part of the building com-
mences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply
with existing state or local building, fire, health,
sanitary, or safety code specifications which are
solely necessary to assure safe living conditions; or
(2) any alteration of a structure or contributing structure
listed on the National Register of Historic Places or a
State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this
local law which permits construction or use in a manner that
would otherwise be prohibited by this Local Law.
SECTION 3 . 0
GENERAL PROVISIONS
3 . 1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood
hazards within the jurisdiction of the Town of Ithaca.
3 . 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering
report entitled "The Flood Insurance Study Town ofIthaca,
New York, Tompkins County, New York", dated December 191
1984 , with Flood Insurance Rate Maps enumerated on Map Index
No. 360851 0001-0025 dated June 19, 1985, and with
accompanying Flood Boundary and Floodway Maps enumerated on
Map Index No. 360851 0001-0025 dated June 19, 1985.
3 . 3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to revisions to the
National Flood Insurance Program effective October 1, 1986
and shall supercede all previous laws adopted for the
purpose of establishing and maintaining eligibility for
flood insurance.
In their interpretation and application, the provisions of
this Local Law shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, and
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welfare. Whenever the requirements of this local law are at
variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the most restrictive, or
that imposing the higher standards, shall govern.
3 .4 SEVERABILITY
The invalidity of any section or provision of this Local Law
shall not invalidate any other section or provision thereof.
3 . 5 PENALTIES FOR NON-COMPLIANCE
No development shall occur and no structure shall hereafter
be constructed, located, extended, converted, or altered and
no land shall be excavated or filled without full compliance
with the terms of this Local Law and any other applicable
regulations, including receipt of the development permit set
forth below together with any building permits required
pursuant to any building, zoning or other rule, law, or
regulation governing construction. Any violation of the
provisions of this Local Law by failure to comply with any
of its requirements, including violations of conditions and
safeguards established in connection with conditions of the
permit, shall constitute a misdemeanor. Any person who
violates this Local Law or fails to comply with any of its
requirements shall, upon conviction thereof be fined not
more than $500 or imprisoned for not more than 30 days or
both, for each violation, and in addition, shall pay all
costs and expenses involved in the case. Each day of
noncompliance shall be considered a separate offense.
Nothing herein contained shall prevent the Building Inspec-
tor from taking such other lawful action as necessary to
prevent or remedy a violation. Any structure found not
complying with the requirements of this Local Law for which
the owner has not applied for and received an approved
variance under Section 6. 0 will be declared noncomplying and
notification sent to the Federal Emergency Management
Agency.
3 . 6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is
considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This local law
does not imply that land outside the area of special flood
hazards or uses permitted within such areas will be free
from flooding or flood damages. This local law shall not
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create liability on the part of the Town of Ithaca, any
officer or employee thereof, or the Federal Emergency
Management Agency, for any flood damages that result from
reliance on this local law or any administrative decision
lawfully made thereunder.
SECTION 4 . 0
ADMINISTRATION
4 . 1 REQUIREMENT FOR DEVELOPMENT PERMIT
(1) A Development Permit shall be obtained before any
development or start of construction, whichever occurs
earlier, within any area of special flood hazard
established in Section 3 . 2 .
(2) The Building Inspector is hereby appointed Local
Administrator to administer and implement this local
law by granting or denying Development Permit applicat-
ions in accordance with its provisions.
(3) The Building Inspector may include such conditions to
the grant of any Development Permit as the Building
Inspector may reasonably require to carry out the
purpose of this law, and, further, in consideration of
the technical evaluations, all relevant factors and
standards specified in other sections of this law
including, but not limited to, those set forth in
Section 6. 1 (4) , below.
4 . 2-1 DEVELOPMENT PERMIT APPLICATION
(1) The application for the Development Permit
must be made by the Owner of the property, or
by a person duly authorized by the Owner
("hereinafter collectively referred to as the
"Owner") , on forms prepared by the Building
Inspector.
(2) The following information is required where
applicable:
(a) plans, in duplicate, drawn to scale
showing the nature, location, dimension,
and elevations of the area in question,
existing and/or proposed structures,
fill, storage of materials and drainage
facilities,
(b) elevation in relation to mean sea level
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of the proposed lowest floor (including
basement or cellar) of all structures;
(c) elevation in relation to mean sea level
to which any non-residential structure
will be flood-proofed;
(d) when required, a certificate from a
licensed professional engineer or
architect that the utility floodproofing
will meet the criteria in Section 5. 1-
3 (1) ;
(e) certificate from a licensed professional
engineer or architect that the non-
residential flood-proofed structure will
meet the flood-proofing criteria in
Section 5. 2 ; and
(f) description of the extent to which any
watercourse or regulated floodway will
be altered or relocated as a result of
proposed development.
(g) such other information as the Building
Inspector may reasonably require.
(3) Any permit issued may require that the work
for which the permit is granted shall be
begun on a date which shall be no more than
three months after its issue. The estimated
date of completion of the work shall appear
on the permit. The Building Inspector may
grant extensions of time as the Building
Inspector may reasonably determine, taking
into account the factors and standards set
forth elsewhere in this law and the Building
Inspector may require additional conditions
taking into account such factors and
standards and any changes in the physical
facts, or in any applicable law, code or
regulations, and the extent of the progress
of such work at the time of application.
Such application for extension shall be made
on forms prepared by the Building Inspector.
4 .2-2 DUTIES OF OWNER
(1) Upon placement of the lowest floor, or flood-
proofing by whatever means, it shall be the
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duty of the Owner to submit to the Building
Inspector a certificate of the elevation of
the lowest floor, or flood-proofed elevation,
in relation to mean sea level. The elevation
certificate shall be prepared by or under the
direct supervision of a licensed land
surveyor or professional engineer and certif-
ied by same. When flood-proofing is utilized
for a particular building the flood-proofing
certificate shall be prepared by or under the
direct supervision of a licensed professional
engineer or architect and certified by same.
The Building Inspector shall review all data
submitted. Deficiencies detected shall be
cause to issue a stop-work order for the
project unless immediately corrected.
(2) It shall be the responsibility of the Owner
to insure that all work and construction has
been done in compliance with the require-
ments of this law. The Owner shall sign and
acknowledge a certificate that the work has
been performed and completed in accordance
with all provisions of this law and the
conditions of a permit. The Building
Inspector may also require that such a
certificate be signed by a competent person
who has supervised or examined the work.
4 . 3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR
Duties of the Building Inspector shall include, but not be
limited to:
4 . 3-1 PERMIT APPLICATION REVIEW
(1) Review all Development Permit applications to
determine that the requirements of this local
law have been satisfied.
(2) Review all Development Permit applications to
determine that all necessary permits have
been obtained from those Federal, State or
local governmental agencies from which prior
approval is required.
(3) Review all Development Permits for compliance
with the provisions of Section 5. 1-5,
Encroachments.
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4 . 3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data has not been
provided in accordance with Section 3 .2, BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,
the Building Inspector shall obtain, review and
reasonably utilize any base flood elevation and
floodway data available from a Federal, State or
other source, including data developed pursuant to
Section 5. 1-4 (4) in order to administer Section
5.2 , SPECIFIC STANDARDS and Section 5. 3 FLOODWAYS.
4 . 3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Obtain and record the actual elevation, in
relation to mean sea level, of the lowest
floor, including basement or cellar of all
new or substantially improved structures, and
whether or not the structure contains a
basement or cellar.
(2) For all new or substantially improved
floodproofed structures:
(i) obtain and record the actual elevation,
in relation to mean sea level, to which
the structure has been floodproofed; and
(ii) maintain the floodproofing certifica-
tions required in Sections 5. 1 and 5. 2 .
(3) Maintain for public inspection all records
pertaining to the provisions of this local
law including variances when granted and
Certificates of Compliance.
4 . 3-4 ALTERATION OF WATERCOURSES
(1) Notify adjacent communities and the New York
State Department of Environmental Conserva-
tion prior to any alteration or relocation of
a watercourse, and submit evidence of such
notification to the Federal Insurance
Administrator.
(2) Require that maintenance is provided within
the altered or relocated portion of said
watercourse so that the flood carrying
capacity is not diminished.
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4. 3-5 INTERPRETATION OF FIRM BOUNDARIES
The Building Inspector shall have the authority to
make interpretations when there appears to be a
conflict between the limits of the federally
identified area of special flood hazard and actual
field conditions.
Base flood elevation data established pursuant to
Section 3 .2 and/or Section 4 . 3-2 , when available,
shall be used to accurately delineate the area of
special flood hazards.
The Building Inspector shall use flood information
from any other authoritative source, including
historical data, to establish the limits of the
area of special flood hazards when base flood
elevations are not available.
4 . 3-6 STOP WORK ORDERS
(1) All floodplain development or construction
found ongoing without an approved Development
Permit, or any other required permits, shall
be subject to the issuance of a stop work
order by the Building Inspector. Disregard of
a stop work order shall be subject to the
penalties described in Section 3 . 5 of this
Local Law.
(2) All floodplain development found to be not
complying with the provisions of this law
and/or the conditions of the approved permit
shall be subject to the issuance of a stop
work order by the Building Inspector.
Disregard of a stop work order shall be
subject to the penalties described in Section
3. 5 of this Local Law.
4 . 3-7 INSPECTIONS
The Building Inspector or, if required by the
Building Inspector, the Owner's engineer or
architect shall make periodic inspections at
appropriate times throughout the period of
construction in order to monitor compliance with
permit conditions and enable the person who is
conducting the inspection to certify that the
development is in compliance with the requirements
of either the Development Permit or the approved
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variance.
4 . 3-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to
permit the use or occupancy of any building
or premises, or both, or part thereof
hereafter created, erected, changed, con-
verted or wholly or partly altered or
enlarged in its use or structure until a
Certificate of Compliance has been issued by
the Building Inspector stating that the
building or land conforms to the requirements
of this Local Law.
(2) All other development occurring within the
designated flood hazard area will have upon
completion a Certificate of Compliance issued
by the Building Inspector.
All certifications shall be based upon the inspections
conducted subject to Section 4 . 3-7, the certification of profes-
sionally qualified representatives made pursuant to Section 4 . 3-
7 and/or any certified elevations, hydraulic information,
floodproofing, anchoring requirements or encroachment analysis
which may have been required as a condition of the approved
permit.
SECTION 5. 0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5. 1 GENERAL STANDARDS
In all areas of special flood hazards the following stand-
ards are required:
5. 1-1 ANCHORING
(1) All new construction and substantial improve-
ments shall be anchored to prevent flotation,
collapse, or lateral movement of the struc-
ture resulting from hydrodynamic and hydro-
static loads, including the effects of
buoyancy.
(2) All manufactured homes shall be installed
using methods and practices which minimize
flood damage. Manufactured homes must be
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elevated and anchored to resist flotation,
collapse, or lateral movement. All manufac-
tured homes to be placed or substantially
improved shall be elevated on a permanent
foundation such that the lowest floor of the
manufactured home is at or above the base
flood elevation and be securely anchored to
an adequately anchored foundation system in
accordance with the following requirements:
(1) Over-the-top ties shall be provided at
each of the four corners of the manufac-
tured home, with two additional ties per
side at intermediate locations, with
manufactured homes less than 50 feet
long requiring one additional tie per
side.
(ii) Frame ties shall be provided at each
corner of the home with five additional
ties per side at intermediate points,
with manufactured homes less than 50
feet long requiring four additional ties
per side.
(iii) All components of the anchoring system
shall be capable of carrying a force of
4,800 pounds; and
(iv) Any additions to the manufactured home
shall be similarly anchored.
5. 1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improve-
ments shall be constructed with materials and
utility equipment resistant to flood damage.
(2) All new construction and substantial improve-
ments shall be constructed using methods and
practices that minimize flood damage.
5. 1-3 UTILITIES
(1) All new construction and substantial improve-
ment shall be constructed with electrical,
heating, ventilation, plumbing, air condi-
tioning equipment, and other service facili-
ties that are designed and/or located so as
to prevent water from entering or accumulat-
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ing within the components during conditions
of flooding. When designed for location
below the base flood elevation, a profes-
sional engineer's or architect's certifica-
tion is required that such utilities meet
this specification.
(2) All new and replacement water supply systems
shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate
infiltration of flood waters into the systems
and discharge from the systems into flood
waters; and
(4) On-site waste disposal systems shall be
located to avoid impairment to them or
contamination from them during flooding.
5. 1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals, including proposed
manufactured home parks or subdivisions,
shall be consistent with the need to minimize
flood damage;
(2) All subdivision proposals, including proposed
manufactured home parks or subdivisions,
shall have public utilities and facilities
such as sewer, gas, electrical, and water
systems located and constructed to minimize
flood damage;
(3) All subdivision proposals, including proposed
manufactured home parks or subdivisions,
shall have adequate drainage provided to
reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided
for subdivision proposals and other proposed
developments (including proposals for
manufactured home parks and subdivisions)
greater than either 50 lots or 5 acres.
5. 1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in which
base flood elevation data is available
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pursuant to Section 4 . 3-2 or Section 5. 1-4 (4)
and no floodway has been determined the
cumulative effects of any proposed develop-
ment, when combined with all other existing
and anticipated development, shall not
increase the water surface elevation of the
base flood more than one foot at any point.
(2) In all areas of the special flood hazard
where floodway data is provided or available
pursuant to Section 4. 3-2 the requirements of
Section 5. 3 , Floodways, shall apply.
5. 2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in Section 3 . 2
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS
and Section 4 . 3-2 , USE OF OTHER BASE FLOOD DATA, the
following standards are required:
5. 2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of
any residential structure shall have the lowest
floor, including basement or cellar, elevated to
or above the base flood elevation;
5. 2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of
any commercial, industrial or other non-residen-
tial structure, together with attendant utility
and sanitary facilities, shall either: have the
lowest floor, including basement or cellar,
elevated to or above the base flood elevation; or
be floodproofed so that the structure is water-
tight below the base flood level with walls
substantially impermeable to the passage of water.
All structural components located below the base
flood level must be capable of resisting hydro-
static and hydrodynamic loads and the effects of
buoyancy.
If the structure is to be floodproofed:
(i) a licensed professional engineer or architect
shall develop and/or review structural
design, specifications, and plans for the
construction, and shall certify that the
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design and methods of construction are in
accordance with accepted standards of
practice to make the structure watertight
with walls substantially impermeable to the
passage of water, with structural components
having the capability of resisting hydro-
static and hydrodynamic loads and effects of
buoyancy; and
(ii) a licensed professional engineer or licensed
land surveyor shall certify the specific
elevation (in relation to mean sea level) to
which the structure is floodproofed.
The Building Inspector shall maintain on record a
copy of all such certificates noted in this
section.
5. 3 FLOODWAYS
Located within areas of special flood hazard are areas
designated as floodways (see definition, Section 2 . 0) . The
floodway is an extremely hazardous area due to high velocity
flood waters carrying debris and posing additional threats
from potential erosion forces. When floodway data is
available for a particular site as provided by Section 3 . 2
and Section 4 . 3-2, all encroachments including fill, new
construction, substantial improvements, and other develop-
ment are prohibited within the limits of the floodway unless
a technical evaluation demonstrates that such encroachments
shall not result in any increase in flood levels during the
occurrence of the base flood discharge and no manufactured
home shall be placed within the limits of the floodway
except in an existing manufactured home park or existing
manufactured home subdivision.
SECTION 6.0
VARIANCE PROCEDURE
6. 1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Town
Board shall hear and decide appeals and requests for
variances from the requirements of this local law.
(2) The Zoning Board of Appeals shall hear and decide
appeals when it is alleged there is an error in any
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requirement, decision, or determination made by the
Building Inspector in the enforcement or administration
of this local law.
(3) Those aggrieved by the decision of the Zoning Board of
Appeals, or any taxpayer owning property in the Town of
Ithaca who may have a significant interest in the
decision and proceedings on which it was based, may
appeal such decision to the Supreme Court pursuant to
Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Zoning Board of
Appeals shall consider all technical evaluations, all
relevant factors, standards specified in other sections
of this local law and:
(i) the danger that materials may be swept onto
other lands to the injury of others;
(ii) the danger to life and property due to
flooding or erosion damage;
(iii) the susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual
owner;
(iv) the importance of the services provided by
the proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for
the proposed use which are not subject to
flooding or erosion damage;
(vii) the compatibility of the proposed use with
existing and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management
program of that area;
(ix) the safety of access to the property in times
of flood for ordinary and emergency vehicles;
(x) the costs to local governments and the
dangers associated with conducting search and
rescue operations during periods of flooding;
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(xi) the expected heights, velocity, duration,
rate of rise, and sediment transport of the
flood waters and the effects of wave action,
if applicable, expected at the site; and
(xii) the costs of providing governmental services
during and after flood conditions, including
search and rescue operations, maintenance and
repair of public utilities and facilities
such as sewer, gas, electrical, and water
systems and streets and bridges.
(5) Upon consideration of the factors of Section 6. 1 (4) and
the purposes of this local law, the Zoning Board of
Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes
of this local law.
(6) The Zoning Board of Appeals shall maintain the records
of all appeal actions including technical information
and report any variances to the Federal Emergency
Management Agency upon request.
6. 2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed
below the base flood level, providing items (i-xii) in
Section 6. 1 (4) have been fully considered. As the lot
size increases beyond the one-half acre, the technical
justification required for issuing the variance
increases.
(2) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures and
contributing structures listed on the National Register
of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in
the remainder of this section.
(3) Variances may be issued for new construction and
substantial improvements and for other development
necessary for the conduct of a functionally dependent
use provided that:
(i) the criteria of subparagraphs 1, 4 , 5, and 6 of
this section are met;
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(ii) the structure or other development is protected by
methods that minimize flood damages during the
base flood and create no additional threat to
public safety.
(4) Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
(5) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(6) Variances shall be issued only upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the
variance would result in exceptional hardship
to the applicant; and
(iii) a determination that the granting of a
variance will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create nui-
sances, cause fraud on or victimization of
the public or conflict with existing local
laws or ordinances.
(7) Any applicant to whom a variance is granted for a
building with the lowest floor below the base flood
elevation shall be given written notice that the cost
of flood insurance will be commensurate with the
increased risk resulting from lowest floor elevation.
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RESOLUTION OF - THE TOWN BOARD, DATED FEBRUARY 26 1973
ESTABLISHING MULTIPLE RESIDENCE DISTRICT AND A CLUSTER
DEVELOPMENT THEREIN ON PROPERTY OF SCHICKEL ENVIRONMENTAL
DEVELOPMENT COMPANY ON HONNESS LANE, TOWN OF ITHACA NEW YORK (as
amended by Local Law No. 4 - 1987) .
WHEREAS, application was made to the Town of Ithaca Planning
Board on November 14, 1972 by Schickel Environmental Development
Company, requesting the establishment of a Multiple Residence
District on a parcel of land comprising about 18. 9 acres of land
on Honness Lane (hereinafter referred to sometimes as Eastwood
Commons subdivision) , Tax Parcel 60-1-25.2, owned by Enos A.
Pyle, which will require a change from an R-15 Residential Zoning
District to a Multiple Residence District, for the purpose of
constructing a cluster development of 176 Units, said parcel
being bounded and described in Schedule A, annexed hereto, and
WHEREAS, the Planning Board of the Town of Ithaca duly held
a public hearing upon such application on the 12th day of
December, 1972 , following the due and timely posting and
publication of notice thereof in the Ithaca Journal on the 7th
day of December, 1972, and the Planning Board at a meeting duly
held on January 2, 1973 having adopted a resolution recommending
to the Town Board of the Town of Ithaca that the said application
be approved, and
WHEREAS, the Town Board of the Town of Ithaca, at its
regular meeting held on the 8th day of January, 1973, ordered
that a Public Hearing be held on the 12th day of February, 1973 ,
at the Town Offices, 108 East Green Street, in the City of
Ithaca, New York, to consider, among other matters, the rezoning
of said 118 . 9 acres from R-15 to Multiple Residence for a certain
number of residential units in clusters in accordance with the
provisions of Section 281 of the Town Law, and the Town Clerk
having duly posted a published in the Ithaca Journal on February
1 and 2 , 1973 the said Notice of Public Hearing, and it appearing
that said Notice of said hearing has either been served on all
persons or parties requiring notice or a waiver of such notice by
any such person or party has been filed with the Town Clerk, and
the public hearing having been held as aforesaid and the Town
Board having heard and considered all arguments made with respect
to such requested changes, and the Public Hearing having been
closed, and the meeting having been adjourned to the 22nd day of
February, 1973 , at 5: 00 P.M. at the Town Offices for further
consideration of said application, and the applicant and owners
of land in the vicinity having appeared before the Town Board at
said adjourned meeting, and the application having been further
considered, and the matter having been adjourned to a meeting of
the Town Board to be held on the 26th day of February, 1973, at
5: 00 P.M. , at the Town Hall, and the - Town Board having further
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deliberated on the application,
NOW, in accordance with the provisions of ARTICLES VI and IX
of the Town of Ithaca Zoning Ordinance and in accordance with the
applicable provisions of Sections 264, 265, and 281 of the Town
Law, it is RESOLVED as follows:
1. The Town Board, in concurrence with the recommendations
of the Planning Board, determines that the existing and probably
future character of the neighborhood in which the rezoned parcel
is located will not be adversely affected; that specific
conditions hereafter set forth have been imposed to provide for
an adequate drainage system and with respect to other matters
concerning the proposed development; that the change from R-15 to
Multiple Residence is in accordance with a comprehensive plan of
development of the Town of Ithaca; and that the proposed change
is in accordance with the purposes for which the existing Zoning
Ordinance of the Town of Ithaca was adopted.
2 . The zoning classification of the parcel of about 18. 9
acres, owned by Enos A. Pyle on Honness Lane in the Town of
Ithaca, New York, Tax Parcel 60-1-25.2, and described in Schedule
A, annexed hereto, is changed from a Residence District R-15 to a
Multiple Residence District. The boundaries of said Multiple
Residence District shall be as described in Schedule A of this
Resolution.
3 . The change in zoning classification of the above parcel
has been made subject to compliance by the owner of the said
parcel, or any portion thereof, with the conditions,
requirements, and the provisions hereinafter set forth. The
final site plan of the owner-applicant shall not be approved and,
in any event, no building permit for the construction of any
building, or other structure on said parcel, shall be issued at
any time, unless and until the owner-applicant has complied with
all of the said conditions, requirements, and provisions or
unless and until satisfactory assurances, under such conditions
as the Town Board may reasonably determine.
4 . The applicants shall also comply with such other
requirements and conditions which the Town Planning Board and the
Town Board of Ithaca may reasonably and lawfully require in the
exercise of their power to approve subdivision plats and the
development thereof. Nothing herein contained shall be deemed to
limit the authority of the Town Board and the Planning Board to
impose such additional requirements and conditions as may be
reasonably and lawfully required in the approval of the final
site plan and the development of the rezoned parcel pursuant to
such plan.
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A. (1) The permitted use in this multiple residence
district is limited to 176 dwelling units which shall be
constructed in clusters in accordance with the provisions of
Section 281 of the Town Law, substantially as shown on the site
plan entitled "Eastwood Commons, " dated February 21, 1973, a copy
of which was filed with the Town Board on February 21, 1973 ,
being a revision of the site plan which was dated December 18,
1972 , and filed with the Town Planning Board on February 19,
1973 , and it is directed that a copy thereof be filed in the Town
file of Site Plans.
B. (1) The loop road shown on the site plan will be
conveyed to the Town of Ithaca as and for a public road, 50 feet
in width. The two entrance roads shown on the preliminary site
plan shall have such curbing as may be reasonably required by the
Town.
(2) The developer, at his own expense, shall
construct a sidewalk and bicycle path from the multiple residence
district to which this ordinance and local law relates to the
East Ithaca Recreationway on the former Lehigh Valley Railroad
right of way, such walk and path to be maintained by the
Homeowners Association in accordance with the provisions of
subparagraph (3) immediately following.
(3) It is determined that in accordance with the
purposes and values for which the Town of Ithaca Zoning Ordinance
was adopted the open area, other than the road, shall be
maintained as an open area, with proper landscaping and planting
of shrubbery, trees, and grass, and as otherwise herein set
forth, in accordance with reasonable regulations as may be
established from time to time by the Town Board. If such open
spaces are not maintained adequately in accordance with such
regulations, they may be maintained by the Town and the expense
thereof shall be collected by the Town either as on a contract or
by any lawful assessment, levy, or tax, levied upon the property
in the zoned area pursuant to such regulations or by-laws as may
be adopted by such association or other organization or pursuant
to any law or ordinance which may be hereinafter adopted by the
Town Board.
(a) All other open space shown on the site plan
will be owned, maintained, and the use thereof controlled by one
or more owners (residents) associations, incorporated as not-for-
profit corporations, or other similar legal entities, capable of
holding title to the land. The by-laws of any such association
shall contain a provision that no by-laws, or other rules or
regulations, shall be deemed to be effective unless the Town
Board approves the same, but the Town Board may, from time to
time, waive the requirement of approval. The membership of such
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association or associations shall consist of owners of the
Eastwood Commons Subdivision. Provision shall be made that all
owners of the Eastwood Commons Subdivision shall belong to one or
more of such associations. The certificate of incorporation of
any such association shall not be deemed to be effective and
shall not be filed with the State of New York, unless approved by
the Town Board.
(4) Approval of the final site plan shall contain
requirements for landscaping and plantings as may be reasonably
required by the Town Board or the Planning Board.
(5) A letter of credit, in a form and in an amount
acceptable to the Town Supervisor, the Town Engineer, and the
Town Attorney, shall be received by the Town for the completion
of Harwick Road identified as Sunnyslope Lane as shown on a map
entitled "Eastwood Commons - Phase III, Honness Lane, Ithaca, New
York, Site Development Plan, Sheet S-1, " dated November 12 , 1986
by Schickel Design Company, Inc. Sunnyslope Lane shall be
completed from Harwick Road northwesterly to a point 280 feet
from the intersection of its center line with the center line of
Harwick Road. Such letter of credit shall also cover the
completion of the utilities, landscaping, and other site work
required for the completion of Buildings 30 and 31 and the
completion of the Pavilion as all of the above may be approved by
the Planning Board. Such letter of credit shall be so received
prior to the issuance of any building permits for Phase III of
Eastwood Commons. No certificate of occupancy and no more than
the building permits necessary for the construction of Buildings
30 and 31 and the Pavilion shall be issued for any structures in
Phase III of Eastwood Commons until Harwick Road and the road
presently identified as Sunnyslope Lane are constructed to Town
specifications in the locations and for the distances set forth
above. Any of the requirements set forth in this subparagraph
(5) may be modified or waived by application to the Planning
Board.
C. The water and sewer plans for each phase shall be
approved by the Tompkins County Health Department and the Town of
Ithaca Planning Board prior to the issuance of any building
permits for such phase.
D. (1) A plan for the drainage of the rezoned area
and the Eastwood Commons development, in general, shall be
approved by the Town Board or in accordance with regulations to
be adopted by the Town Board or in accordance with any
requirements contained in any resolution approving the final site
plan. Drainage plans, in such detail as may be required by the
Town, will be submitted for each phase, prior to construction.
Such drainage plans shall include drainage improvements both on
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the rezoned parcel and outside the boundaries of said parcel and
shall include such drainage improvements as may be required to
correct drainage problems which may occur after the construction
on the site has either been commenced or completed. The final
site plan shall not be approved and no approval shall be endorsed
upon any subdivision map of this development unless such drainage
plan has been approved as aforesaid. No building permit shall be
issued for the construction of any dwelling units unless all
required drainage has been constructed or planned to the
satisfaction of the Town Board. The applicant shall, at his own
expense, obtain all easements required for such drainage plan.
(2) Any regulations adopted by the Town Board
shall contain such additional provisions as may be reasonably
required to effectuate the foregoing.
E. (1) Adequate, finished parking spaces shall be
provided at the ratio of 1. 5 parking space for each dwelling
unit. No such parking space shall be constructed or located
within the boundaries of any public street or highway.
F. (1) The final site plan presented for approval
will include suitable provisions for active recreational space
for children.
6. It is determined that the number of dwelling units
permitted in this multiple residence zone shall not exceed 176 in
number, and shall be subject further to the following
requirements:
(a) Each such dwelling unit shall be used and occupied
only as a single family dwelling; the provisions of the Zoning
Ordinance relating to occupancy of any one single family dwelling
unit shall apply to each dwelling unit in this development,
except that, in addition to each family, not more than one
roomer, boarder, lodger or other occupant shall be permitted to
occupy each such dwelling unit.
(b) Such units shall be built in clusters not
exceeding four units in each cluster, provided, however, that the
Town of Ithaca Planning Board in its discretion may authorize up
to six units in each cluster in Phase III of such development if
it finds such cluster or clusters are compatible with the overall
design, density, and character of the earlier phases of the
Eastwood Commons development.
(c) Unless waived by the Town of Ithaca Planning Board
or unless a variance is granted by the Town of Ithaca Zoning
Board of Appeals, no building in this zone shall exceed two
stories in height above ground level.
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(d) Each such cluster shall be located as shown on the
final site plan, as finally approved.
7. It is understood that the Eastwood Commons development
. shall be constructed in accordance with the following phases:
(a) Phase 1 shall include not more than 40 units.
(b) Subsequent phases shall be planned in relation to
sales.
(c) Prior to the application to the Town Planning
Board for final site plan approval for each phase, the applicant
shall submit his plans to the Town Planner who shall review the
same and make recommendations to the Town Planning Board.
8 . Any determination which is to be made by the Town Board
hereunder, may be delegated to the Town Planning Board, insofar
as such delegation is lawfully permitted.
9. The Zoning Map of the Town of Ithaca shall be changed to
show the boundary lines of the Multiple Residence District
established by this Resolution.
10. The lands which are the subject of this resolution are
now reputedly owned by Enos Pyle. William Schickel and Norbert
Schickel, d/b/a Schickel Environmental Development Company, a
general partnership, 100 Fairview Square, Ithaca, New York, have
represented to the Town Board that they have exercised their
option to purchase the said parcel. This resolution is being
adopted on the representation of the applicants that they have
exercised their option to purchase the said parcel and to develop
it in accordance with the preliminary site plan filed with the
Town Board, and said resolution has also been adopted on the
general representations made by the applicant to the Planning
Board and the Town Board.
11. If title to the rezoned lands is not conveyed within
one year from the date hereof by Enos Pyle to said William
Schickel and Norbert Schickel as such general partners or to a
corporation or other legal entity owned or controlled by said
William Schickel and Norbert Schickel, the Town Board, upon
application of any resident of the Town, including any member of
the Town Board, shall initiate and complete procedures to amend
the Zoning Ordinance to change the classification of the said
lands to the classification in effect prior to the adoption of
this resolution.
12 . The Town Clerk is directed to publish this Resolution
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in the Ithaca Journal and the foregoing Resolution shall
constitute an ordinance amending the Town of Ithaca Zoning
Ordinance and shall take effect 10 days after the publication
thereof pursuant to Section 264 of the Town Law.
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Ithaca, County of Tompkins and State of New York, being located
on Honness Lane, being bounded and described as follows:
BEGINNING at a point in the northerly right of way of
Honness Lane, said point being the southeast corner of lands of
Roberts and recorded in the Tompkins County Clerk's Office in
Liber 315 of Deeds at page 273 ; running thence North 06° 18' 04"
East along said Roberts, a distance of 325. 37 feet to a point;
running thence North 83 ' 31' 21" West, a distance of 354 .21 feet
to a point; running thence North 07° 25' 30" East, a distance of
966. 12 feet to a point in the center line of a creek; running
thence easterly along the center line of said creek having a
chord bearing of South 81° 45' 22" East for a distance of 248 . 30
feet to a point in said center line of the creek; running thence
South 07 ' 25' 30" West, a distance of 342 . 82 feet to a point;
running thence South 18° 00' 06" East, a distance of 130. 0 feet
to a point; running thence North 71° 59 ' 54" East, a distance of
150. 00 feet to a point on the former right of way of E.C. & N.
Railroad; running thence South 180 00' 06" East along said right
of way, a distance of 666. 12 feet to a point; running thence
South 680 18' 25" West, a distance of 120.40 feet to a point;
running thence South 67` 09' 45" West, a distance of 345.20 feet
to a point; running thence South 60° 00' 58" West, a distance of
122 . 33 feet to a point; running thence North 840 00' 29" West, a
distance of 150. 00 feet to a point; running thence South 06° 18'
04" West, a distance of 264 . 00 feet to a point in the above
mentioned right of way of Honness Lane; running thence North 84 '
19' 02" West along said right of way of Honness Lane, a distance
of 50. 0 feet to the point or place of beginning; containing 18 . 9
acres of land, more or less.
The above described premises are more particularly shown on
a survey map entitled "MAP SHOWING A PORTION OF LANDS OF ENOS
PYLE, " made by F. Donald McKee, Land Surveyor #32422, dated June
20, 1972, revised July 26, 1972, a copy of which has been filed
with the Town Clerk.
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LOCAL LAW NO. 3 - 1983
A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA
BY CHANGING THE ZONING CLASSIFICATION TO MULTIPLE RESIDENCE
DISTRICT FROM A RESIDENCE DISTRICT R15 A PARCEL OF LAND IN THE
TOWN OF ITHACA, TOMPKINS COUNTY NEW YORK LOCATED ON THE NORTH
SIDE OF EAST KING ROAD DESIGNATED ON THE CURRENT TAX ASSESSMENT
MAP OF THE TOWN OF ITHACA ON PARCEL NO. 44-1-4. 3 (as amended by
Local Law No. 3 - 1987 and Local Law No. 6 - 1988) .
SECTION 1. CHANGE OF ZONING DISTRICT. DESCRIPTION OF PARCEL.
A Multiple Residence District is hereby established encompassing
the parcel consisting of about 30 acres of land located on the
north side of East King Road and designated on the current tax
assessment map of the Town of Ithaca as Tax Parcel 44-1-4 . 3 more
particularly described in Schedule A entitled "Description of
Parcel on the north side of East King Road which is established
by this Local Law as a Multiple Residence District. "
SECTION 2 . LEGISLATIVE BASIS AND PURPOSE OF THIS LAW.
A. RESOLUTION
This Local Law has been enacted pursuant to the Resolution
adopted by the Town Board on February 7, 1983, a copy of which is
attached hereto. Provisions of said Resolution constitute
findings, determinations and statements of purposes for the
enactment of this law.
B. TOWN ZONING ORDINANCE PROCEDURE FOR ESTABLISHMENT OF
MULTIPLE RESIDENCE DISTRICT.
a. Article IX of the current Zoning Ordinance (adopted
February 12, 1968, effective February 26, 1968) sets
forth the procedure for the establishment of the
Multiple Residence District and authorizes the Town
Board to establish a Multiple Residence District by
defining the boundaries thereof, approving the general
site plan and imposing any modifications and additional
requirements as the Town Board may determine.
SECTION 3 . MODIFICATIONS AND ADDITIONAL REQUIREMENTS.
A. The provisions of paragraphs "A", "B", and "C" of Section 1
of the Resolution referred to above which is attached hereto
contain modifications, conditions, and requirements relating
to the rezoning of the subject parcel into a Multiple
Residence District and its development by the construction
thereon of multiple family units. The aforesaid paragraphs
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"A", "B", and "C" are incorporated into this Local Law and
made a part hereof as if they had been set forth in the body
of the text rather than an Appendix thereto and they shall
apply to the rezoning and the development of the subject
parcel except as they may be specifically modified or added
to by subsequent provisions of this Local Law.
B. PROVISIONS AS TO THE 6 ACRE PARCEL BUFFER ZONE, ON THE
WESTERLY SIDE OF THE SUBJECT PARCEL CONTAINED IN SAID
RESOLUTION, ARE AMENDED AS FOLLOWS:
1. The provisions of Section 1.C. i are expanded to include
the requirement that no trees or shrubbery shall be cut
unless the owner of the parcel has obtained the duly
authorized consent of the Town Planning Board. The
owner shall give a written notice of at least 4 weeks
to the Town Engineer or such other person or agency of
the Town as the Town Planning Board may designate
requesting the consent of the Town Planning Board and
setting forth the management practices which would
require such action to be taken. The Town Planning
Board shall review the request and act promptly in
giving or denying its consent.
2. The driveway referred to in Section 1.C. ii. shall not
be constructed until a building permit has been
obtained from the Town Engineer in accordance with the
provisions of the Town Board Resolution concerning this
matter.
3 . The Town Planning Board may require the owner of the
subject parcel to submit information and documents from
time to time in order to determine that there is
compliance with the requirements of this law.
C. No buildings and residential units in excess of those
approved by the Town Planning Board on January 18, 1983
shall be permitted and the construction, development and use
must comply in all respects with the site plans and
conditions of approval and rezoning adopted by the Town
Planning Board on January 18, 1983 and by the Town Board on
February 7, 1983 and with the Revised Plan as approved by
the Planning Board on January 20, 1987, and no variance in
the construction, development, and use of the parcel shall
be permitted except as may be permitted by the Town Planning
Board, or by the Zoning Board of Appeals or, by such person
or agent of the Town as the Planning Board may designate in
the case of such minor changes which do not increase the
size or scope of the project or vary the intended use of the
site.
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SECTION 4. RECLASSIFICATION OF ZONING.
A. The sovereign power of the Town to enact and amend the
Town's Zoning Regulations is not affected by the enactment
of this Local Law. Without limiting the foregoing
declaration, the Town, at the option of the Town Board, may
review the status of the development of, and the extent of
construction of improvements on, the subject parcel and
other factors reasonably affecting the area and community
within which the subject parcel is located, the protection
and enhancement of the Town's physical and visual
environment and to promote the government, protection, and
the health, safety and well-being of the inhabitants or
property in the Town, and, at its option, the Town Board may
amend the Town Zoning Regulations by changing the
classification of the subject parcel or any portion thereof,
to a Residential R15 or such other district as the Town
Board may determine.
B. The Town now makes a legislative finding that the owner
would reasonably require a period ending September 30, 1991,
to commence and complete the construction of the Phase or
Stage I and II improvements on the project as shown on the
Preliminary Plat of the Butterfield Cluster Subdivision made
by George Schlecht, P.E. , L.S. dated April 5, 1988, as the
same may be hereafter modified with the approval of the
Planning Board in accordance with other provisions of the
law.
C. Any building permit issued subsequent to the enactment of
this law may be revoked or modified at the option of the
Town Planning Board if:
(i) construction of Phases or Stages I and II has not been
substantially commenced by October 1, 1988, or
(ii) construction of Phases or Stages I and II has not been
substantially completed by September 30, 1991.
The time within which such building permit shall be
effective may be extended, if good cause is shown, by the
Town Planning Board.
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SCHEDULE A
DESCRIPTION OF PARCEL ON THE NORTH SIDE OF EAST KING ROAD WHICH
IS ESTABLISHED BY THIS LOCAL LAW AS A MULTIPLE RESIDENCE DISTRICT
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
County of Tompkins, State of New York, being a part of Military
Lots 89 and 99 (Old Town of Ulysses) and described as follows:
Beginning at a point in the northeasterly boundary of the
existing King Road East (County Road No. 179) . said point being
the following two courses and distances from the intersection of
the northerly boundary of the existing King Road East and the
westerly boundary of the existing Troy Road; thence (1) North 82 °
02 ' 47" West 1081. 53 feet and thence (2) westerly and
northwesterly on a curve to the right having a radius of 975. 0
feet, a distance of 211. 07 feet to the point and place of
beginning of the premises intended to be described herein; thence
(1) northwesterly on a curve to the right having a radius of
975. 00 feet a distance of 235. 12 feet; thence (2) North 55' 49,
33" West along the said northeasterly boundary of the existing
King Road East a distance of 1731. 85 feet to a point on the
division line between the property of Schuylkill Inventors, Inc. ,
on the east and the property now or formerly owned by Cornell
University on the west; thence (3) North 90 18' 00" East along
said division line a distance of 455. 00 feet to a point; thence
the following fifteen courses and distances through the property
now or formerly owned by Schuylkill Investors, Inc. :
(1) North 57 ° 01' 43" East, a distance of 221. 09 feet; thence
(2) South 79° 16' 23" East, a distance of 327.73 feet; thence
(3) North 85' 47' 58" East, a distance of 177 .48 feet; thence
(4) South 16' 55' 39" East, a distance of 96. 17 feet; thence
(5) South 53 ' 58' 21" East, a distance of 163 . 22 feet; thence
(6) South 480 57' 27" East, a distance of 225. 40 feet; thence
(7) South 230 01' 32" East, a distance of 217 . 31 feet; thence
(8) South 39 ° 37' 09" East, a distance of 708 . 82 feet; thence
(9) South 67° 50' 59" East, a distance of 122 . 00 feet; thence
(10) South 340 54' 43" East, a distance of 234 . 14 feet; thence
(11) South 37 ° 07' 34" East, a distance of 268 . 40 feet; thence
(12) South 52 ' 52' 26" West, a distance of 40. 00 feet; thence
(13) North 37' 07' 34" West, a distance of 293 . 00 feet; thence
(14) South 380 301 36" West, a distance of 208. 19 feet; thence
(15) South 250 27' 00" West, a distance of 126.43 feet to the
point or place of beginning, containing 30. 566 acres of land.
For further description, reference is hereby made to a map of
King Road Development Corporation made by Erdman, Anthony
Associates, Consulting Engineers, Rochester, New York, dated May
15, 1973 .
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RESOLUTION CONSIDERING AN APPLICATION FOR THE AMENDMENT OF THE
TOWN ZONING ORDINANCE BY REZONING FROM RESIDENTIAL 15 TO MULTIPLE
RESIDENCE DISTRICT A PARCEL OF LAND LOCATED ON THE NORTHERLY SIDE
OF EAST KING ROAD, 30+ ACRES, TAX PARCEL 6-44-1-4. 31, NOW
REFERRED TO AS MAJESTIC HEIGHTS, MADE BY BILL J. MANOS,
APPLICANT, OWNER AND DEVELOPER. (As amended through February 9 ,
1987) .
RESOLUTION NO. 13
Motion by Councilman Cramer; seconded by Councilwoman
Raffensperger;
WHEREAS,
1. The applicant, Bill J. Manos, has applied to the Town Board
to rezone from a Residential 15 District to a Multiple Residence
District, a parcel of land consisting of approximately 30 acres
of land, designated as tax parcel 6-44-1-4 . 31, and which is
located on the northerly side of East King Road, and
2 . The applicant has presented to the Planning Board and
received final site plan approval for the construction of 17
buildings which will contain a total of 119 dwelling units in the
proportion of three (3) 2-bedroom units to four (4) 1-bedroom
units, and one service building which will contain storage space
for the occupants of each dwelling unit, a laundry, and storage
space for necessary maintenance equipment, and a one family
dwelling which will be built for and initially occupied by Mr.
Manos and his family, and
3 . The applicant has complied with the provisions of Local Law
#3-1980 relating to the environmental review of actions in the
Town of Ithaca and the Planning Board as lead agency has
conducted a coordinate SEQR review on both the application for
rezoning and the site plan review and has determined that the
project as proposed and the amendment of the Zoning Ordinance
will have no significant environmental impact and a notice of
such determination has been filed with all interested agencies,
and
4 . The Town Planning Board has recommended the adoption of the
amendment to the Zoning Ordinance creating the Multiple Residence
District and has given final approval to the site plan, and
5. The Town Board has reviewed the site plan approval, the
minutes of the proceedings held by the Planning Board and all
other relevant documents and has complied with all requirements
of law governing the giving, posting and publishing of the notice
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of intention to amend the Town Zoning Ordinance and to hold a
public hearing in connection therewith for the purpose of this
project, and
6. It has been determined that there is a need for an increase
in renting housing in the Town of the type which will be afforded
by the Manos development, and
7 . Cornell University has been interested in the development of
these lands because of their proximity to the South Hill Swamp
and a parcel of land having ecological significance which is
owned by Cornell University, Tax Parcel 6-44-1-3 ; but Cornell and
the applicant have reached mutual agreement regarding pertinent
aspects of the construction, development, and use of lands for
the purposes of this project, including, amongst other matters,
the setting apart by the applicant of a buffer zone, shown on the
site plan filed in the office of the Town Engineer January 18 ,
1983 , and containing approximately six acres, and adequate
provisions for drainage and limitation on the construction and
use of a twenty-five (25) foot lane in or adjacent to the buffer,
and a further limitation on permitting pets and the use of
herbicides, pesticides, chemicals and similar matters;
THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. The Town Attorney shall prepare an ordinance or local law
which shall provide for the amendment of the Zoning Ordinance of
the Town of Ithaca by changing the parcel consisting of 30+
acres, Tax Parcel 6-44-1-4 . 31 as shown on the maps and site plans
submitted to and approved by the Planning Board and now on file
in the Town Offices from Residential 15 to Multiple Residence,
with particular reference to the following conditions and
matters:
A. The applicant shall submit a surveyor's map satisfactory
to the Town Engineer and Town Attorney together with a proposed
description which will sufficiently identify the rezoned parcel,
and
B. The project shall be constructed, developed and used in
accordance with the site plans approved by and filed with the
Planning Board, and in accordance with the site plans approved by
and filed with the Planning Board, and in accordance with the
final landscaping, engineering, and site plans which reflect all
the concerns and requirements of the Planning Board concerning
fire safety, environmental quality, energy efficiency, aesthetic
suitability, screening and protection of parking areas, soil
stabilization of disturbed grounds and other matters which fall
within the Planning Board's properly delegated site plan review
powers, and in accordance with the conditions of this resolution,
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and the conditions, provisions, and requirements of all
applicable laws, ordinances, codes, rules and regulations, and
C. With particular relevance to ecological matters, the
applicant shall comply with the requirements and mitigating
measures set forth in Part III of the Environmental Assessment
Form filed in the SEQR proceedings conducted by the Planning
Board on January 18, 1983 , [See amendments to these requirements
contained in 1987 Local Law Number 3] and, without limiting the
generality of any other provisions contained in this resolution,
i. The applicant shall maintain the buffer zone consisting
of about 6 acres on the westerly side of the applicant's lands as
shown on the site plans and map; such parcel shall be maintained
in its natural state and no trees or shrubbery shall be cut
except as may be required by good forest management practices; no
improvement shall be erected thereon and suitable signs shall be
erected identifying the perimeter of the parcel and forbidding
trespassing, and
ii. The applicant may construct a driveway running
northerly from East King Road along the easterly side of the said
six acre parcel shown on the site plan and map; such road shall
be constructed in accordance with the specifications of the Town
Engineer and shall not exceed twenty-five (25) feet in width, and
iii. The use of such driveway shall be limited to access
for persons and vehicles to and from East King Road to the
northerly portion of only those lands of the applicant which are
the subject of this resolution and it may not be extended beyond
the northerly boundary of such lands of the applicant, and
iv. The driveway is for the benefit of the owner of the
subject parcel and the occupants of such lands; no right to use
such driveway for the benefit of or for ingress to or from any
other land shall be permitted, and
V. Applicant has informed the Town Board that he has an
option to acquire adjacent lands on the north of the subject
parcel, the descriptions and area of which have not been divulged
to the Town; this section of the resolution is not intended to
deprive the present applicant of his right to seek a review of
the provisions concerning the driveway, whether in connection
with an application for a site plan or subdivision approval or
otherwise, and the proposed legislation should contain certain
provisions that will insure that additional use of the driveway,
as now approved, through the subject parcel shall be reviewed by
the Planning Board, only if the present applicant seeks such
review in connection with the acquisition of title to the
adjacent lands on the north by the present applicant and that
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whether or not such additional use shall be permitted is not
guaranteed in advance but shall be a matter of determination by
the appropriate governmental body at the time, and
vi. With the exception of pets such as birds, fish or caged
animals, pets shall not be permitted on the premises; the
intention of this restriction is to prohibit the presence of
animals which may cause ecological damage to flora and fauna in
the swamp area, and
vii. The applicant's leases shall contain suitable
provision prohibiting pets and advising occupants about the
conditions against trespassing in the buffer area and stressing
the importance of protecting the South Hill Swamp from any
adverse impact because of unauthorized use by the public, and
viii. The Applicant agrees to minimize the use of
pesticides and other chemicals such as road salt or calcium
throughout the project area in order to limit the possibility
that significant levels may intrude into the groundwater of the
South Hill Swamp and thereby alter the ecological balance within
the sensitive area, and
ix. The applicant agrees to consult and work with the staff
of the Cornell Plantations or other Cornell representatives in
order to insure the continued hydrological integrity and
stability of the South Hill Swamp, and
D. The proposed legislation shall provide that the change
in zoning from Residential 15 to Multiple Residence District has
been enacted by the Town Board on the condition that no buildings
and residential units in excess of those approved by the Planning
Board, and by this resolution, shall be permitted and that the
construction, development and use must comply in all respects
with the site plans and conditions of approval and rezoning
adopted by the Planning Board and the Town Board and no variance
in the construction, development and use of the parcel shall be
permitted except as may be permitted by the Town Planning Board
with the approval of the Town Board.
E. The foregoing provisions shall also be deemed to be
findings, agreements and conditions on the basis of which this
resolution was adopted.
F. This resolution does not constitute an amendment to the
Zoning Ordinance but is instead an authority to the Town Attorney
and Planning Staff to prepare suitable legislation relating to
the above proposal, keeping in mind the matters concerning which
the Town Board has particular concerns.
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LOCAL LAW NO. 2 - 1984
A LOCAL LAW AMENDING SECTION 1, OF ARTICLE II OF THE TOWN OF
ITHACA ZONING ORDINANCE BY ADDING TO THE LIST OF PERMISSIBLE
DISTRICTS WHICH MAY BE DESIGNATED AS SPECIAL LAND USE DISTRICT
(LIMITED MIXED USE) .
Section 1. This Local Law amends Section 1 of Article II of the
Town of Ithaca Zoning Ordinance by adding to the list of
permissible districts which may be designated as Special Land Use
District (Limited Mixed Use) .
Section 2 . The uses permitted in such district will be such a
combination of the uses permitted in a residential and
agricultural district and in Business Districts A, B, and E as
the Town Board may permit. The diverse uses must be combined in
a unified plan.
Section 3 . The establishment of any such district shall lie in
the sole discretion of the Town Board, as a legislative body. It
shall be established by amending the Zoning Ordinance to permit
such establishment. The enactment and establishment of such a
district shall be a legislative act. No owner of land or other
person having an interest in land shall be entitled as a matter
of right to the enactment or establishment of any such district.
Section 4 . The provisions of the Zoning Ordinance and Planning
Board Regulations, as they may be amended from time to time, and
any other regulations, orders, rules and resolutions shall apply
to the establishment of any such district. In addition, the Town
Board may impose such conditions and restrictions governing the
establishment and regulating the use of land in any such district
as the Town Board deems necessary and desirable.
Section 5. Subject to the provisions below, the procedures
governing an application for site plan approval as provided in
Section 46 and 46(a) shall apply except that:
(a) Before submitting a general site plan to the
Planning Board, the applicant shall submit the general
site plan to the Town Board.
(b) The Town Board, in its discretion, may require
additional information, may refer the matter to the
Planning Board for recommendation, or may establish a
public hearing date on the proposed district.
(c) No application for the establishment of any such
district shall be referred to the Planning Board except
by the Town Board.
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(d) The Town Board may impose other procedural
requirements with respect to any application or with
respect to a specific application as the Town Board may
deem necessary and desirable.
Section 6. Projects such as the Wiggins' "La Tourelle" Project,
the Rocco Lucente Sapsucker Woods Project and the Lake Shore West
Project which have been in the process of being reviewed by the
Town Board and the Planning Board shall be deemed to have been
referred to the Planning Board and the Town Board may amend the
Zoning Law to establish such Special Land Use Districts, if final
approval or recommendation has been made by the Planning Board.
Section 7 . If any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
Section 8 . This law shall take effect immediately.
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LOCAL LAW NO. 3 - 1984
A LOCAL LAW RELATING TO THE WALTER J. AND JOYCE Y. WIGGINS' LA
TOURELLE DEVELOPMENT ON ITHACA-DANBY ROAD (ROUTE 96B) AMENDING
THE ZONING ORDINANCE TO PERMIT CONSTRUCTION OF A BED AND
BREAKFAST INN (as amended by Local Law 11 - 1988)
WHEREAS
1. The Planning Board has extensively reviewed the proposed "La
Tourelle" development of Walter J. and Joyce Y. Wiggins at
public hearings duly and properly held during the Winter and
Spring of 1984.
2 . On June 5, 1984, the project was granted Final Site Plan
Approval by the Planning Board.
3 . All necessary environmental reviews have been completed,
after which it was determined that the project would have no
significant impact on the environment.
4 . The Planning Board has determined that:
(a) There is a need for the proposed use in the proposed
location.
(b) The existing and probable future character of the
neighborhood will not be adversely affected.
(c) The proposed change is in accordance with a
comprehensive plan of development in the Town.
5. The Planning Board has recommended that the Zoning Ordinance
be amended to permit this development as proposed and
reviewed.
NOW THEREFORE BE IT RESOLVED:
1. That Article II, Section 1, of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the
permissible districts itemized in said Section a district
designated as "Special Land Use District #1".
2 . In the event that the Town should further amend the Zoning
Ordinance by adding to the list of permitted Districts a
Special Limited Mixed Use District, the District described
by this Local Law shall be designated as such a Mixed Use
District.
3 . The uses permitted in this Special Land Use District are:
(a) Any use permitted in a Residential District R15.
(b) The operation of a hotel or motel to be used as a Bed
and Breakfast Inn, with site plan approval by the
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Planning Board.
(c) The existing construction and use of that portion of
the premises now used and occupied as the L'Auberge du
Cochon Rouge restaurant and the Barn Apartments as
shown on the final site plans and/or the survey map of
"A Portion of the Lands of Walter J. and Joyce Y.
Wiggins", dated July 3 , 1984 .
4. This Special Land Use District includes all lots and area
requirements of Residential District R15 except as modified
below:
(a) Side Yards: May not be less than 30 feet.
(b) Spaces between Buildings: The distance between any two
structures shall be no less than the average height of
both, except that a shorter distance may be allowed if
the resulting space is to be used and maintained as a
fire lane.
(c) Height: No structure shall be greater than 55 feet
from the lowest point at grade to the highest point on
the roof line.
(d) Storevs: No more than two storeys. However, as many
as four dwelling units may be constructed in the
basement of the first phase of the development.
5. Notwithstanding the provisions of Section 3 , above, the
following particular covenants and restrictions shall govern
the use of the lands in this Special Land Use District #1,
otherwise known as "La Tourelle, a Bed and Breakfast Inn".
(a) The only new construction and use permitted in the
above district shall be a hotel or inn containing no
more than 80 units for guests, and the following
additional facilities, all of which construction may
occur in phases:
(i) Tennis courts, enclosed or otherwise.
(ii) Swimming pools. (For guests of the inn)
(iii) Cabanas or other similar accessory structures
related to tennis courts and swimming.
(iv) Pond or other body of water.
(v) Restaurant or other food service establishment.
(b) The exterior design, specifications, and plans for the
buildings and other improvements to be constructed on
the premises and the development of the grounds and
construction of all outside facilities including
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lighting and signs shall be limited to those shown on
the final site plan approved by the Planning Board,
June 5, 1984, and subsequent amendments thereto
approved by the Planning Board, and on other designs,
architects' drawings, plans, and other documents
submitted to and approved by the Planning Board, and
shall be in accordance with all such documents.
(c) A building permit is required for the construction of
any structure or building on the premises included in
the special land use district including construction of
parking areas, swimming pools, signs and outdoor
lighting facilities. Such permits shall not be issued
until the Planning Board has approved the design,
specifications and site plan for such structures or
buildings.
(e) No portion of the outside area of the Special Land Use
District shall be used for the service of food or
beverages, nor any public assembly, nor dancing or
musical activities; except as follows:
(1) At any time subsequent to the adoption of this
Local Law the Town Board may adopt regulations by
resolution or by amendment of the Town Zoning Law
to implement the provisions of this Local Law,
which may also include a requirement that the
owner or his duly authorized representative,
obtain a special permit from a person designated
by the Town Board for that purpose to permit the
use of portions of the outdoors area in the
immediate vicinity of the La Tourelle structure
for limited, temporary or occasional serving of
food and beverage for the guests of La Tourelle
for special occasions such as weddings or other
social occasions. Such regulations shall be
adopted only after a public hearing has been held,
notice of which has been published in the Official
Newspaper, at least 5 days prior to such hearing
and written notice thereof has been mailed or
delivered personally to the owner of the above
project, or to his duly authorized representative,
and to such other owners of property, as the Town
Board may direct. Until such time as such
regulations may be adopted, the lands may be used
for the outdoor activities, as described above,
without a permit.
(f) All ambient noise associated with the use of this
property shall be regulated by Article VIII, Section 42
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of the Zoning Ordinance.
(g) Ingress and egress shall be through the driveway
leading to state Highway Route 96B past the restaurant
as shown on the final site plan and survey map dated
July 3 , 1984.
(h) All construction must comply with all applicable laws,
codes, ordinances, rules and regulations.
(i) These covenants may be enforced by the owner of any
land lying within 500 feet of the boundaries of this
district, and/or by the Town of Ithaca.
(j ) The above restrictive covenants shall run with the land
and shall be incorporated in a document which shall be
signed by the Owner and recorded in the Tompkins County
Clerks Office. No portion of the building shall be
occupied or otherwise used unless a valid Certificate
of Occupancy has been issued.
6. This Special Land Use District shall be added and hereby is
added to the Official Zoning Map of the Town of Ithaca at
the location given in Schedule A below.
7 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity
of the remaining portions shall not be affected by such
declaration of invalidity.
8 . The Town reserves for itself, its agencies, and all other
persons having an interest, all remedies and rights to
enforce the provisions of this law, including, without
limitation, actions for an injunction or other equitable
remedy, or action and damages, in the event the owner of the
parcel covered by this law fails to comply with any of the
provisions thereof.
9 . This law shall take effect immediately.
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