HomeMy WebLinkAbout1991 Zoning Ordinance and Related Local Laws i
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TOWN OF ITIIACA
ZONING ORDINANCE
AND
CERTAIN RELATED LOCAL LAWS
As of March 20, 1991,.
(Accompanied by Appendix of Certain Local
r Laws as enacted through January 9, 1990).
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TOWN OF ITHACA
ZONING ORDINANCE AND CERTAIN RELATED LOCAL LAW!
TABLE OF CONTENTS
.......................................................................... 1
SECTION 1. Definitions................................................ 1
II ESTABLISHMENT OF DISTRICTS........................ 9
SECTION 2. Districts................................................... 9
SECTION 3. District Boundaries...................................... 10
II-A RESIDENCE DISTRICTS R5............................. 11
Sl°,CTION 3A. Location................................................ 11
SECTION 3B. Use Regulations....................................... 11
SECTION 3C. Accessory Uses........................................ 11
SECTION 3D. Area, Yard, Coverage, Height Requirements.... 12
SECTION 3E. Special Requirements................................. 12
SECTION 3F. Site Plan Approvals................................... 13
Ajf`rU,'1.mE III RESIDENCE DISTRICTS R9................................ 15
SECTION 4. Use Regulations........................................ 15
SECTION 5. Accessory Uses..............
SECTION 6. Accessory Buildings................................... 18
SECTION 7. Yard Regulations....................................... 18
SECTION 8. Building Coverage..................................... 18
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SECTION 9. Size and Area of Lot.................................. 18
SECTION 10. Special Properties...................................... 19
J fl"T10.11 IV RESIDENCE DISTRICTS R15............................... 20
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SECTION 11. Use Regulations........................................ 20
SECTION 12. Accessory Uses........................................ 21
SECTION 13. Accessory Buildings................................... 22
SECTION 14. Yard Regulations...................................... 22
SECTION 15. Building Coverage..................................... 23
SECTION 16. Size of Lot.............................................. 23
SECTION 17. Special Properties...................................... 23
°1 , V RESIDENCE DISTRICTS R30............................... 24
SECTION 18. Use Regulations........................................ 24
SECTION 19. Accessory Uses........................................ 26
SECTION 20. Accessory Buildings................................... 27
SECTION 21. Yard Regulations...................................... 27
SECTION 22. Building Coverage..................................... 27
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SIm"I""ITION 23. Size of Lot.............................................. 27
St ,,711ON 24. Special Properties...................................... 28
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°1 I VI MULTIPLE RESIDENCE DISTRICTS..................... 29
SLX"'TION 25. Location................................................. 29
SI; 17ION 26. Use Regulations........................................ 29
SECTION 27. Accessory Uses........................................ 29
SECTION 28. Area,Yard,Coverage & Height Requirements..... 30
SECTION 29. Special Requirements................................. 30
SECTION 30. Site Plan Approvals................... 31
TICLE VII BUSINESS DISTRICTS....................................... 32
SECTION 31. Location of Districts.................................. 32
SECTION 32. Business Districts "A"................................ 32
SECTION 33. Business Districts "B"................................. 32
SECTION 34. Business Districts "C.................................. 33
SECTION 35. Business Districts D 34
SECTION 35A. Business Districts E ... 34
SECTION 36. Permitted Accessory Uses............................ 34
SECTION 37. Area, Yard, and Height Requirements............. 34
SECTION 38. Special Requirements................................. 35
SECTION 39. Site Plan Approvals................ 36 r
ARTICLE VIII LIGHT INDUSTRIAL DISTRICTS........................ 37
SECTION 40. Location................................................. 37
SECTION 41. Permitted Principal Uses............................. 37
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SECTION 42. Performance Standards................................ 37
SECTION 43. Accessory Uses........................................ 38
SECTION 44. Area, Yard,Coverage & Height Requirements.... 38
SECTION 45. Special Requirements................................. 39
SECTION 45-a. Site Plan Approvals................................... 39
III!"ICLE IX SITE PLAN APPROVAL................ 40
SECTION 46. Procedure............................................... 40 1
1 SECTION 46-a. Site Plan Requirements............................... 41
1 A,I't,`1"ICLE X INDUSTRIAL PRODUCTS................................... 43
SECTION 47. Use Regulations........................................ 43
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p SECTION 48. Performance Standards................................ 43
SECTION 49. Yard Regulations...................................... 43
SECTION 50. Special Requirements................................. 43
SECTION 50-a. Site Plan Approvals................ 44
tTICLE XI AGRICULTURAL DISTRICTS.............................. 45
SECTION 51. Use Regulations........................................ 45
SECTION 51A. Radio Transmission Towers........................ 45
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11 NON-CONFORMING USES................................ 49
ON 52. Continuation of Existing Lawful Uses.............. 49
I�ON 53. Abandonment of Use.................................. 49
ION 54. Alterations....... . 49
�y °10N 55. Changes................................................. 49
1ON 56. Restoration:............................................. 49
10N 56A. Amortization of Certain Non-Conforming Uses 50
W 11 GENERAL PROVISIONS.................................... 52
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110N 57. Existing Lots........................................... 52
"''ON 58. Building Floor Area................................... 52
71ON 59. Trailers.................................................. 52
1ON 59A. Dish Antennae........................................ 52
1ON 60. Junk or Salvage Yards................................ 53
'ION 61. Front Yard Transition................................. 54
/ � .1ON 62. Side Yard on Corner Lot............................. 54
'11ON 63. Side and Rear Yard Transition...................... 54
`1ON 64. Porches and Carports
� ................................. 54' 14ON 65. Fences and Walls...................................... 4
'ON 66. Projections in Yards................................... 54
1"'ION 67. Reduction of Lot Area................................ 54
ION 68. More than One Building on a Lot................... 55
ION 69. Parking Facilities...................................... 55
1ON 70. Extraction of Natural Products...................... 55
ref "�W�`�'10N 71. Public Garages & Gasoline Sales Stations......... 57
1O N 72. Approval of County Health Department........... 57
1ION 73. Abandoned Cellar Holes and Buildings............ 57
fl yrf, 5,1 ADMINISTRATION.......................................... 58
(,II`TJON 74. Enforcement............................................ 58
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Sa�' 111N 74E. Applications for Approvals, Remedies or Relief 58
�,', ,7"VION 75. Permit to Build......................................... 58
76. Certificate of Occupancy 60
1 11ON 77. Board of Appeals...................................... 60
S11[, 1`1 ON 78. Planning Board Recommendations.................. 62
ON 79. Violations and Penalties.............................. 63
11(',,`,)N 80. Amendments............................................ 63
1ON 81. Validity.................................................. 63
'ON 82. When Effective......................................... 63
t`,1N 83. Existing Zoning Ordinance Amended, Re-Adopted and
Re-Enacted.............................................. 63
% i i j 11,1N 84. Fees...................................................... 64
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APPENDIX
Local. Laws Amendiny, the Zonine Ordinance
," V 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 of Purpose. 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
1 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
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5.1-2 Construction Materials and Methods. A-14
5.1-3 Utilities................................... A-1.4
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5.1-4 Subdivision Proposals.................. A-15
5.1-5 Encroachments.......................... A-1.5 ;
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..............
SECTION 6.1 Appeals Board........................... A-17
SECTION 6.2 Conditions for Variances.............. A-19
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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 rezoning from Residential 15 to Multiple
Residence District the same parcel of land, 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)-38 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
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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
byTompkins County...................................................... A-49
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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
Dr. 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
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` 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
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ZONING ORDINANCE
OF THE TOWN OF ITHACA, NEW YORK
R -ADOPTED, AMENDED AND REVISED AS OF MARCH 20, 1991
(Effective February 26, 1968)
1tttx,,)se of promoting the health, safety, morals or the general welfare of the community,
congestion in the streets, to secure safety from fire, panic and other dangers, to
ujuate light and air, to prevent the overcrowding of land, to avoid undue concentration
ion, to facilitate the adequate provision of transportation, water, sewerage, schools,
tither public requirements, under and pursuant to the Laws of the State of New York,
buildings and other structures, the percentage of lot that may be occupied, the size
the density of population, and the location and use of buildings, structures and land for
U try, residence or other purposes, are hereby restricted and regulated as hereinafter
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ARTICLE I
")N 1. Definitions. For the purpose of this ordinance certain words and terms shall have
sing meaning unless the context otherwise requires.
�> Words used in the present tense include the future; the singular number includes the
ql 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
tensed" includes the words "arranged, designed or intended to be used"; and the word
"he" includes "it" and "she".
"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
a v used in connection with such buildings.
y A "lot line" is a property boundary of a lot.
41 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.
* "he "depth" of a lot shall mean the distance between a point on the street line and the
attar of the lot measured perpendicularly from the street line. A lot need meet the
minimum depth requirements set forth in this Ordinance at only one point and not
'uniformly throughout the lot's entire width.
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f "ht from lowest interior grade as it relates to a building means the vertical distance
ired from the surface of the lowest level (floor of a crawl space, basement Hoar,
or other floor, even if below exterior grade level) in contact with the ground surface
the highest point of the roof, excluding chimneys, antennae, and other similar
„ berances. When the measurement of height from the lowest interior grade is made
� ,� � floor of a cellar the maximum permissible height from lowest interior grade
)) be increased b four feet. This permitted increase shall not apply when the
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» 'urement is from any other floor, including a basement floor, slab or other floor.
fir? ght from lowest exterior grade" as it relates to a building means the vertical distance
the lowest point of the exterior finished grade adjacent to the wall of the building
t highest point of the roof` actudi -chimne s antennae and other similar
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�tght as it relates to a structure other than a building means the distance measured
the lowest level or portion of the structure (slab or base) in contact with the ground
Ifl -e to the highest point at the to of the structure.
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m n " is f building that i 1 below grade which h more h e t that space o a bu d g at s partly w g w e as than
its height, measured from floor to ceiling, above the average finished grade of the
d adjoining the building.
"cellar is that space of a building that is partly or entirely below grade, which has
r than half of its height, measured from floor to ceiling, below the average finished
ps& of the ground adjoining the building.
,, 6rnily" 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
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(c) Two unrelated persons, occupying a single dwelling unit, living and cooking
O, together as a single housekeeping unit.
d Notwithstanding the revisions ofparagraph c of this definition a group of
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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
l� equivalent of a family pursuant to the standards enumerated in paragraph (f)
herein.
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,�� (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 application for a variance. Said application shall be on a form provided by the
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Zoning Board of APPS g s 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 then size appearance and structure
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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
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Zoning Board of Appeals may consider, among other factors, the
following:
(a) Whether expenses for preparing of food, rent or ownership
j� costs, utilities, and other household expenses are shared and
Ywhether the preparation, storage and consumption of food is
shared.
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(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.
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(v) Filing of taxes.
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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.
(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 nod of time whether in the current dwelling unit or
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other dwelling units.
i„ (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, shoo 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
f 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".
A "building" is a structure having a roof supported by columns or by walls and intended
`tit° shelter, housing, protection or enclosure of persons, animals or property.
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l elling" is a building designed or used exclusively as the living quarters for one or
families.
i 1 , dwelling unit is a dwelling, or portion of a dwelling, providing complete living
�� `,pities for one family.
"'Oone-family dwelling" is a detached building containing a single dwelling unit.
two-family dwelling is a detached building containing two dwelling units.
ltiple-family dwelling" is a building or group of buildings on one lot containing
v or more dwelling units.
House: Any dwelling in which more than three persons either individually or
mies are housed or lodged for hire with or without meals. A rooming house or a
tttshed rooming house shall be deemed a boarding house.
trairist house" is a buildingoriginallybuilt and used as a dwelling other than a hotel
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tel in which accommodations for transients are offered for compensation.
l or motel" is a building containing rooms designed and originally planned to be
l or hired out for living or sleeping accommodations for transient occupancy.
"cFlubhouse or lodge" is a building or premises used exclusively by members of an
�tit fnir ;tion and their guests which premises or buildings are devoted to recreational or
ic purposes, not primarily conducted for gain. It excludes commercial and
�rwrchandisin activities for other than its own membership.
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A "hospital" is an establishment for temporary occupation by the sick or injured for the
pose of medical treatment but does not include an establishment for permanent
txvi�ipation by the poor, infirm, incurable or insane.
A
"nursing or convalescent home" is a building other than a hospital where sick or
in firmed persons are lodged, furnished with meals and nursing care for hire, except
vrsons who are mentally ill, mentally deficient, drug addicts or alcoholic patients.
/ i "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
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traltions, extended to the side lines of the lot.
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""fur yard” is the open space between the rear lot line and the rear line of the principal
ling, exclusive of overhanging eaves and other permissible projections, extended to
%i le lines of the lot.
l tle yard" is the open space between the principal building, exclusive of overhanging
%i and other permissible projections, and a side lot line and extending through from
ttont yard to the rear yard.
"accessory building" is a building subordinate and clearly incidental to the principal
/OptAd4ing on the same lot and used for purposes customarily incidental to those of the
building.
s81lrxvige" is the outdoor accumulation or laying-up of manufactured products or raw
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ials, or the keeping of one or more pieces of movable equipment other than pleasure
,i,omobiles.
to ni-conforming use is a use of land existing at the time of enactment of this
t,#tfitiance and its amendments which does not conform to the zoning regulations of the
Alorict in which it is situated.
A larm is any parcel of land containing at least 3 acres which is used in the raising of
tiltural products, such as crops, livestock, poultry, and dairy goods. It includes
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ut3uores necessary to the production and storage of agricultural,products and equipment.
An *street line" is the limit of the right of way of a street, road or highway. Where the
% xtl street appears this also means highway or road.
"flashing sign" i Y g g
,, g si ns an illuminated sign on which the artificial light is not maintained
stationary and/or constant in intensity and color at all times.
"clinic" is a building or any part of a building which is used for the group practice of
'r icine by several physicians in which certain facilities other than reception are shared
y the occupants and in which patients are diagnosed or treated by physicians specializing
Ott various ailments and practicing as a group.
A 'parking space" is an area for the temporary parking of an automobile 180 square feet
Us size exclusive of the parking lot circulation areas.
A '"structure" is anything that is constructed or erected on the ground or upon another
°ttetuure or building. "Structure" also includes anything that is constructed or erected
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Werground and projects up to the ground surface or above, or anything that is
i tuttructed or erected wholly underground other than utility lines, septic and water
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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.
� l "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.
f. 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.
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.
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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.
2. 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.
` ; . 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 H
ESTABLISHMENT OF DISTRICTS
OU "I"'°VION 2. Districts. For the purpose of this ordinance the Town of Ithaca is hereby divided
Into 15 types of districts as follows:
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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
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- 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)
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- In accordance with and pursuant to Local Law #2-1988
Special Land Use District #6 (Limited Mixed Use)
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- In accordance with and pursuant to Local Law #2-1989
Sad districts are set forth on the map accompanying this ordinance, entitled Zone Map, dated
gly 1, 1954, as amended to 1968, and signed by the Town Clerk. Said map and all explanatory
m thereon and amendments thereto are hereby made a part of this ordinance. [The Zoning
IMap has been subsequently re-adopted through April 11, 1988 and by separate Local Laws has
impoln further amended from time to time where areas may have been rezoned]
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SECTION 3. District Boundaries. Where uncertainty exists with respect to the exact boundaries
of the various districts as shown on the Zone Map, the following rules shall apply.
1. The district boundaries are lot lines unless otherwise shown, and where the designation
on the Zone Map indicates a boundary 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.
1. 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.
. In other cases the boundary line shall be determined by use of the scale on the Zone Map.
. 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
$U'CTION 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.
SWTION 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.
In a mobile home park, there shall be no more than one dwelling unit maintained in each mobile
Nome. In addition, each dwelling unit may be occupied by not more than
(a) one family, or
(b) one family plus no more than two boarders, roamers, lodgers, or
other occupants.
SECTION 3C. Accessory Uses. The following accessory uses are permitted in Residence
1, istrict 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 by the Board of Appeals shall be taken until the
Planning Board has reviewed at least a preliminary site plan and approved same. If the
Zoning Board of Appeals approves same, and if only a preliminary site plan was
approved by the Planning Board, the matter shall be returned to the Planning Board for
final site plan approval. The site plan approval process shall be as set forth in Article IX.
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No building permit shall be issued unless the proposed structure is in accordance with the
final site approved by the Planning Board.
"" ,,TlON 3D. Area, Yard, Coverage and Height requirements shall be as follows:
Area: A minimum tract of fifteen (15) acres is required for the development of a
Residence District R5.
; Lot Size: Each mobile home lot shall have a minimum gross area of 5,000 square feet.
The arrangement of lots in the park shall facilitate the efficient development of land and
permit the convenient access of emergency vehicles.
Stand Location: The location of the mobile home stand on each lot shall be identified on
the site plan.
� TION 3E. Special Requirements shall be as follows:
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.
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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 41,
home.
°) 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
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than 100 feet from the dwelling unit it is intended to serve. Each parking space shall
have a minimum of 180 square feet.
41. 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
r buffer yards.
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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
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the density of population or school bus routes make it necessary, sidewalks and bus
shelters may be required.
Apk 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, exclusive of the area
reserved for buffer yards, shall be permanently maintained as open space.
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.
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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
1 size. These areas shall be screened from public view by shrubbery or a fence.
(5k, Signs. A single sign for the mobile home park is permitted. The size and other i
characteristics shall be regulated by the Town of Ithaca Sign Law.
l�l�m 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
1 approval. The fee for the operating permit shall be in accordance with the following
1 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 (Number of Units) X $ 5.00
1,1. Building Permits. A building permit shall be required pursuant to Section 75 for each
1 mobile home and/or accessory structure to be sited or constructed.
ISSECTION 3F. Site Plan Approvals. No building permit shall be issued for a building within
4 Residence District R5 unless the proposed structure is in accordance with a site plan approved
�jrsuant to the provisions of Article IX and approved by the Tompkins County Health
t)epartment. No subdivision of a trailer park site plan is permitted without approval of the Town
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1ard, 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
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� � 1' C)►N 4. Use Regulations. In Residence Districts R9 no building shall be erected or
x1roded and no land or building or part thereof shall be used for other than any of the following
f pig)" x),scs.
, 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.
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%.
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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 r
family. 0
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t ' 2b. One or two family dwellings may be occupied by more than the occupants
1 permitted by Section 2a by Special Permit of the Board of Appeals upon
application to such Board.
The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial or private school, nursery
school, daycare center, fraternity or sorority houses, and any institution of higher t
learning including dormitory accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
t servicing of a neighborhood.
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r (e) Golf course except a driving range, or miniature golf course.
(f) Hospital, provided that no building so used shall be within 100 feet of any
a' street or within 150 feet of the lot line of any adjoining owner.
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1 (g) Nursing or convalescent home, or medical clinic.
' The application for approval of an of the foregoing uses shall be referred to
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a the Planning Board and no final action by the Board of Appeals shall be taken
until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
E returned to the Planning Board for final site plan approval. The site plan approval
process shall be as set forth in Article IX. No building permit shall be issued '
unless the proposed structure is in accordance with the final site plan approved by
the Planning Board.
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4, Garden, nursery, or farm, except a hog farm where the principal food is garbage. Sale `
r 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.
Any municipal or public utility purpose 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.
6. Rooming houses, tourist houses, but only on special approval of the Board of Appeals.
7. Cemetery and the buildings and structures incident thereto, but only upon special approval
of the Board of Appeals.
8. 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
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manner as to permit safe access and egress for automobiles, and parking off the highway r
right of way. f
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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 the special
approval of the Board of Appeals.
1;. Signs, as regulated by the Town of Ithaca Sign Law.
L 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.
Day care homes and group day care facilities.
`). Group family day care homes upon special approval by the Board of Zoning Appeals
1 pursuant to Section 77, Subdivision 7.
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$1,WTION 5. Accessory Uses. Permitted accessory uses in Residence Districts R9 shall include
e following:
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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
Pe g P Y employed.
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persons not residing on the remises may be em to ed.
A customary home occupation, such as dressmaking, hair dressing, laundering, home U
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.
, 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
c 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.
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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.
aim Signs, as regulated by the Town of Ithaca Sign Law.
$1E TION 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
txvupy 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
shell in no case exceed 15 feet in height. Where the average natural slope of a lot exceeds 8 per
1 Merit 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.
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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.
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
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the following minimum requirements:
1. Minimum lot area shall be at least 9,000 square feet; and
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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
a universities, colleges, cemeteries, or other private institutions, located in Residence Districts R9,
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
III+0►N 11. Use Regulations. In Residence Districts R15 no building shall be erected or
� rnded and no land or building or part thereof shall be used for other than any of the following
' tt l'0s:
w 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.
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r� 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
1 family.
The following uses but only upon receipt of a special approval for same by the Board of
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Appeals in accordance with the procedures described below:
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(a) Church or other places of worship, convent and parish house.
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(b) Public library, public museum, public, parochial and private schools, daycare
center, nursery school, and any institution of higher learning including dormitory
accommodations.
(c) Publicly owned park or playground including accessory buildings and
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improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
(e) Golf course, except a driving range, or miniature golf course.
(f) The application for approval for any of the foregoing uses shall be referred
to the Planning Board and no final action by the Board of Appeals shall be taken
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until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan approval
process shall be as set forth in Article IX. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by
the Planning Board.
«. 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.
Signs, as regulated by the Town of Ithaca Sign Law.
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.
17, Day care homes and group day care facilities.
� Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
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SECTION 12. Accessory Uses. Permitted accessory uses in Residence Districts R15 shall
include the following:
. 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.
. 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.
b . 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.
. Accessory building subject to provisions of Section 13.
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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
r 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.
The keeping of household pets and family gardens.
The keeping of one horse if 2 acres of land are provided and one additional horse for
1 each additional acre, but not more than a total of three horses.
' Signs, as regulated,by the Town of Ithaca Sign Law.
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S& TION 13. Accessory Buildings. In Residence Districts R15 accessory buildings other than 1
rage may not occupy an open space other than a rear yard. An accessory building may
� Y Py Y pe P y Y �' g y
,cxmcupy not more than 40 percent of any required rear yard and shall be not less than 3 feet from
piy side or rear lot line, except that a private garage may be built across a common lot line with ,I
A party wall by mutual agreement between adjoining property owners. An accessory building
wi a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings in no case
udl exceed 15 feet in height. Where the average natural slope of a lot exceeds S per cent rise
tw fall directly from the street line, a private garage not over one story in height and housing not 44,
In,excess of 2 cars may be located in the front or side yard not less than 5 feet from said street
Jim on approval of the Board of Appeals.
1 E TION 14. Yard Regulations. In Residence Districts R15 yards of at least the following
(Ji ensions 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
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need it be greater than 50 feet except as otherwise specified.
Rear Yard - not less than 30 feet in depth. A
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.
Special yard requirements for specific uses as established by Section 11 are required.
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15. Building Coverage. No building or buildings on a lot, including accessoryflings, shall be erected, altered, or extended to cover more than 20 per cent of the lot area.
f (vtions described in Section 66 are not to be included in computing the percentage.
'ION 16. Size of Lot. Lots in Residence Districts R15 shall meet the following minimum
f uirernents:
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
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r 3. Minimum width at the maximum front yard setback line (50 feet from the street
line) shall be 100 feet; and 1
4. Minimum depth shall be 150 feet.
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UX7TION 17. Special Properties. In the case of publicly owned properties, properties of
fWersities, colleges, cemeteries, or other private institutions, located in Residence Districts
U 11f, , which comprise at least 6 acres in area and are traversed by interior roads or driveways,
front and side yard requirements of Section 14 shall apply only along the exterior public
,qt frontages and there shall be no rear yard requirements.
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ARTICLE V
RESIDENCE DISTRICTS R30
SVX"TION 18. Use Regulations. In Residence Districts R30 no building shall be erected or
tended and no land or building or part thereof shall be used for other than any of the following
t(nir ses:
A One-Family Dwelling, Aone-family dwelling may be occupied by not more than
(a) One family, or
a
(b) One family plus no more than one boarder, roomer, lodger, or other
r [[r occupant.
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%.
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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
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j family.
t r . The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below: i
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(a) Church or other places of warship, convent and parish house.
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(b) Public library, public museum, public, parochial and private schools, daycare
center, nursery school, and any institution of higher learning including dormitory
accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
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y (e) Golf course, except a driving range or miniature golf course.
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(f) Hospital, provided that no building so used shall be within 100 feet from any
street or within 150 feet of the lot line of any adjoining owner.
(g) Nursing or convalescent home, or medical clinics.
(h) The application for approval of any of the foregoing uses shall be referred to
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the Planning Board and no final action by the Board of Appeals shall be taken
until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan approval
° process shall be as set forth in Article IX. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by
the Planning Board.
4, 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.
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b. No manure shall be stored within 100 feet of any lot line or street right of way.
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.
45 Cemetery and the buildings and structures incident thereto, but only upon special approval
of the Board of Appeals.
T, 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.
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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.
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.
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Signs, as regulated by the Town of Ithaca Sign Law.
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.
)) Day care homes and group day care facilities.
) � Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
X7TION 19. Accessory Uses. Permitted accessory uses in Residence Districts R30 shall
Include the following:
k 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
1 of the residence building provided that not more than 3 additional persons not residing
on the premises may be employed.
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
t 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.
Off-street garage or parking space for the occupants, users and employees in connection
E, 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.
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Accessory buildings subject to provisions of Section 20.
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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
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1 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.
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Signs, as regulated by the Town of Ithaca Sign Law.
S ;C'1 ON 20. Accessory Buildings. In Residence Districts R30 accessory buildings other than
stages may not occupy any open space other than a rear yard. Any accessory building may
upy not more than 30 per cent of any required rear yard and shall be not less than 3 feet from
4y side or rear lot line, except that a private garage may be built across a common lot line with
r jt luty 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
axi ease exceed 15 feet in height. Where the average natural slope of a lot exceeds 8 per cent
��or fall directly from the street line, a private garage not over one story in height and housing
sot, in excess of 2 cars may be located in the front or side yard not less than 5 feet from said
Orect line upon special approval of the Board of Appeals.
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SOU71ON 21. Yard Regulations. In Residence Districts R30 yards of at least the following
44mensions are required.
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Front Yard - not less than the average depth of the front yards of buildings on lots
111, immediately adjacent. However, the front yard depth shall not be less than 30 feet or
need it be greater than 60 feet.
Rear Yard - not less than 50 feet in depth.
Side Yards - each not less than 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, may be
15 feet from a side line which is not a street line.
-vial yard requirements for specific uses as established by Section 18 are required.
�l CTION 22. Building Coverage. No building or buildings on a lot, including accessory
��u ldings, 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.
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r $OXTION 23. Size of lot. Lots in Residence Districts R-30 shall meet the following minimum
1 t (ps reme'nts:
1. Minimum lot area shall be at least 30,000 square feet; and
j 2. Minimum width at the street line shall be 100 feet; and
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3. Minimum width at the maximum required front yard setback line (60 feet from
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the street line) shall be 150 feet, and
4. Minimum depth from the highway right of way shall be 200 feet.
$1XI' " ON 24. Special Properties. In the case of publicly owned properties, properties of
Oversities, colleges, cemeteries, or other private institutions, located in Residence Districts
which comprise at least 6 acres in area and are traversed by interior roads or driveways,
front and side yard requirements of Section 21 shall apply only along the exterior public
Mt frontages and there shall be no rear yard requirements.
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ARTICLE VI
MULTIPLE RESIDENCE DISTRICTS
SIXTION 25. Location. With the approval of the Town Board, a Multiple Residence District
tvay be established in any Residence or Agricultural District of the Town.
o $IXTION 26. Use Regulations. In Multiple Residence Districts no building shall be erected
r extended and no land or building or part thereof shall be used for other than any of the
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�wllowing purposes:
One family, two family and multiple family dwellings, grouped so as to provide living quarters
for a minimum of 3 families.
i°4ch dwelling unit in an multiple residence shall be occupied by no more than
(a) One family, or
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(b) One family plus no more than two boarders, roomers, lodgers or other occupants.
F CTION 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.
. Such uses as may be necessary for home-making activities, such as drying yards or
Y ry g rY� g
c structures in which laundry facilities are maintained but any such use must be limited to
residents of the Multiple Residence Districts.
1 ` 4. Day care home or group day care facility.
5. Group family day care home upon the special approval of the Board of Zoning Appeals =
9 in the same manner as if said building was located in a Residence District R30.
. 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
PP � PP ,
r 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
u of receipt of all required information.
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SECTION 28. Area, Yard, Coverage and Height Requirements shall be as follows:
i. 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.
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. Yards and Courts:
Front Y - not less than 50 feet.
J r Side Yards - not less than the height of the nearest structure, or fifteen feet, whichever
is greater.
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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.
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3. Building Coverage: No building, including accessory buildings, shall be erected or
altered to cover more than 30 per cent of the lot area.
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S. 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.
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SECTION 29. Special Requirements shall be as follows:
i
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 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
r to drain properly.
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f ,w 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,
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with the approval of the appropriate highway authority.
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.
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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
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screened from the public view.
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. 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.
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i. Landscaping, Fencing and Screening. In addition to the landscaping, screening, fencing
and buffer requirements set forth above, additional landscaping, fencing, screening, or
r earth berm may be required to be provided in any area where the proposed multiple
r " 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.
" . Signs, as regulated by the Town of Ithaca. Sign Law.
SECTION 30. Site Plan Approvals. No building permit shall be issued for a building within
' Multiple Residence District unless the proposed structure is in accordance with a site plan
;ipproved pursuant to the provisions of Article IX.
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ARTICLE VII
1 BUSINESS DISTRICTS
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SECTION 31. Location of Districts. With the approval of the Town Board, Business Districts
A% "B", "C", "D", and "E" may be established in any district in the Town, except that
fusiness Districts "C" and "D" shall not be permitted in a Residence District R15.
U SECTION 32. Business Districts "A". Permitted uses in a Business District "A" shall be the
f blowing:
i. Retail food store
,e Business or professional offices
. Bank or other financial institution
. Bookstore
Drug store
6. Hardware store �
<< 11, Package liquor store
8. Smoke Shop
911 Utilities
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KCTION 33. Business Districts "B". Permitted uses in a Business District B shall be the
i+ l'lowing
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1. Any of the uses permitted in Business District "A"
Barber
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3. Dry cleaning pick-up station
. Florist
5.
Beauty Parlor
6. Hand or coin operated laundry
. Nursery
8. Milliner
'. Greenhouse
l y 10. Retail stores, except automobile sales agencies
11. Shoeshiner, shoemaker and repairer
12. Tailor
13. Telegraph and telephone office
14. Ariy 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
J neighborhood
16. Public library
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SECTION 34. Business Districts "C". Permitted uses in a Business District "C" shall be the
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following:
1. Any of the uses permitted in Business Districts "A" and "B"
o . Automobile sales agency, provided that the display of automobiles and accessories is
1 conducted entirely within a building
. 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
1 200 feet from a residence district
f 4. Building supply
5. Dry cleaner
JI 1. Dyer
7. Electrical shop
. 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
t 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 an the approval
of the Board of Appeals
16. Boat harbor and marina
i 17. Appliance sale and service
18. Ambulance Service
19. Arts and craft studio
20. Bicycle sale and repair
21. Caterer
22. Confectioner
23. Decorator
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24. Dressmaker
25. Furrier
26. Optician
27. Photographer
28. Refrigeration sale and repair
D 29. Undertaker
30. Upholsterer
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SECTION 35. Business Districts "D". Permitted uses in a Business District "D" shall be the
(allowing:
a
o 1. Gasoline sales station or garage for repairs, provided that all servicing of vehicles shall
take place on private property, and that no repair work, except short-term emergency
repairs, be carried on out-of-doors. Such uses are subject further to Section 71 and
Section 54.
SECTION 35A. Business District "E". Permitted uses in Business District "E" shall be the
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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", «x
1 "B", "C", "D", and "E", shall be the following:
1. Automobile parking and off-street loading areas subject to the further requirements of y
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this article. ,
2. Accessory storage buildings, but not to include outside storage. ,n«
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.
0 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:
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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.
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Side yards - none required where a party wall is constructed but
not less than 20 feet from any structure to a side
G property line.
Rear yard - not less than 30 feet.
2. 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.
ECTION 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:
� is
Office or bank building: one space for each 200 square feet of office or bank floor area.
Auditorium, stadium, theatre, or other place of public assembly: Funeral home orMkd
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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 "
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capacity in persons shall be provided.
A ment; one parking space for each dwelling unit.
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There shall be no parking in any required front, side or rear yard. Parking lots shall be
firm
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-tap, concrete, or other
j 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
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highway authority. Where density of population or school bus routes make it desireable,
sidewalks shall be installed with the approval of the appropriate highway authority.
'. Signs, as regulated by the Town of Ithaca Sign Law.
1
. 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 �E
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
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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. y
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
jr 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 "C" 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 lines of
fsaid businesses.
t 8. Displays: in Business Districts "A", "B", "C", and "E" 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 VIH
F LIGHT INDUSTRIAL DISTRICTS
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SECTION 40. Location. With the approval of the Town Board, a Light Industrial District may
r i)e established in any district of the Town except a Residence District R15.
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SECTION 41. Permitted Principal Uses. The principal uses permitted in a Light Industrial
[Astrict 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 District
Octave Band District Boundaries - 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
1 150 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.
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2"" Smoke. The emission of any smoke from any source whatever to a density greater than
t the density described as #2 on the Ringlemann Chart is prohibited. The Ringlemann
o Chart as published and used by the Bureau of Mines, U.S. Department of Interior, is
hereby adopted and made a part of these regulations.
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�1. 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.
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SECTION 43. Accessory Uses. Accessory uses permitted in a Light Industrial District shall
the following:
i
1. Automobile parking and off-street loading areas subject to the further requirements of this
article.
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2. Accessory storage buildings, but not to include outside storage.
3. Signs, as regulated by the Town of Ithaca Sign Law.
I. The dwellingof an owner, operator, or manager, or of a guard, caretaker, or custodian
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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
j line.
Rear Yards - not less than 50 feet.
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3. Coverage: noprincipal building shall be erected or altered to cover more than 30 r
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cent of the lot area.
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3. 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.
ACTION 45. Special Requirements shall be as follows: Er
F4
Parking: a minimum of one parking space shall be provided for each 3 employees.
Q Parking shalt 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.
' . Off-street loading: off-street loading areas in such amount as may be necessary for the i
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
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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
jhighway 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. J1
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.
h. 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
ja 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 IX
SITE PLAN APPROVAL
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S CTION 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:
i. The applicant will submit a general site plan to the Planning Board which shall also show
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property lines, including metes and bounds, adjacent public streets, topography, size and k
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.
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. 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 P
0 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 such hearing, 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
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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.
' 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.
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ISSE TION 46-a. Site Plan Requirements. ;
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1, After a Residence District R5, 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, or
j whenever a site plan is required by any other provision of this ordinance, 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. E
2. The Planning Board may require such changes as are necessary to meet the requirements
of this ordinance.
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3.
the Planning Board shall approve or disapprove the Upon submission of a final site plan, g pp pp �
final site plan. The owner shall be bound by the final site plan as approved by the
Planning Board.
4. If at any time subsequent to the approval of the final site plan, the owner shall wish to
change the site plan as approved, an application with the revised site plan prepared in
accordance with the requirements of this ordinance shall be submitted to the Planning
Board for the Planning Board's approval. In reviewing such application for a modified r '
` site plan the Planning Board shall have all of the powers it has with respect to reviewing "
an original application for site plan approval. Notwithstanding the foregoing, if the
modification involves
(a) construction or alteration of less than 1,000 square feet of enclosed space
whether on one or more stories; and
(b) construction or relocation of less than 3 parking spaces; and
(c) construction, repairs, alterations, or renovations affecting the exterior of a
building or the site, (exterior work is anticipated to cost less than $10,000.00),
a and
j,
(d) enlargement of an existing building that involves an increase of square
footage of less than 10% of the existing square footage of the existing building;
and
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(e) does not alter proposed traffic flows and access; and x
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(f) does not directly violate any express conditions imposed by the Planning
Board in granting prior site plan approval,
or if the modification involves '
(a) a movement or shift of a location of one or more buildings not more than two
feet in an direction from the location shown on the final site plan; and
Y
(b) such shift does not alter proposed traffic flows or access; and
(c) such shift does not directly violate any express conditions (including, without
` limitation,buffer zones, setbacks, etc.)imposed by the Planning Board in granting
prior site plan approval,
then such modification may be made without requiring approval of the modified site plan
by the Planning Board. This waiver of the requirement of Planning Board approval is
not intended to permit construction in violation of any other provision of the Zoning"
Ordinance including setback, side yard, and similar regulations, or the requirement to
obtain a building permit in those circumstances when otherwise required by the terms of
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ARTICLE X
INDUSTRIAL PRODUCTS
$P 'TION 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,
Muse matter, water carried waste odor, as fumes noise, vibration or similar substances or
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editions may be permitted only upon special approval of the Board of Appeals. Such
f Industries as the following shall require such approval: � s
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
palish, 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.
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2. Any of the following factories or works: arsenal, blast furnace, boiler works, iron, steel, "'10
brass or copper foundry, metal ore, smelting, planing mill, rolling mill and stockyards
or slaughter house.
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gypsum and
f plaster; emery cloth and sandpaper; paving materials; and the use of a coke oven or stone
j crusher.
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4. The wrecking of automobiles, and the storage of used auto parts, scrap metal, or junk,
1 ; 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 T
effective date of this ordinance shall be so altered or modified as to conflict with the performance
standards governing noise established herein.
SECTION 49. Yard Regulations. In Industrial Districts no yards are required except as
provided in Sections 61 and 63.
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SECTION 50. Special Requirements shall be as follows:
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1. Parking: a minimum of one parking space shall be provided for each 3 employees.
l 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.
' . Off-street loading: off-street loading areas in such amount as may be necessary for the `
sizes and s of proposed industrial operations shall be provided.
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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 F,
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 G;
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. i
5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any
residence district or nearer than 30 feet from an other district. A strip at least 10 feet
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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
0
in any area where the proposed structure or use would create a hazardous condition or
j 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 Approval from the Board of
Zoning Appeals after the matter has been referred to the Planning Board for
recommendation.
SECTItJN SO-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 XI
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 be erected or extended to exceed thirty (30)
feet in height.
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.
l. 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 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.
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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
E 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
i 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
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shall be held not later than 40 days following the filing of the Planning Board's
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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
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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.
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.
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The size of the site chosen for the proposed use. The radio transmission
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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 r ,
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, nose, 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 r
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.
% 8. MISCELLANEOUS.
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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.
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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. ,
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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
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NON-CONFORMING USES
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O'CTION 52. Continuation of Existing Lawful Uses. Except as provided in Sections 53, 54,
5, 56, 56A, and 73, any lawful use of land or a building or a part thereof, existing at the time
of this ordinance as amended may be continued although such building or use does not conform
J l� the provisions thereof.Aff
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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
onformity with the provisions of this ordinance, except that a non-conforming use that ceases
w 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
IM
Residence District R30
Residence District R9
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Multiple Residence District
Agricultural Districts
Business District "A"
j Business District "B" I
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� Business District "C"
Business District "D"
Business District "E"
j 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 Cod, act of the public enemy
jor 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
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which it was used prior to the loss is recommenced within one year. The time limit may be
Defended by the Board of Appeals in cases of practical difficulty or unnecessary hardship.
� SECTION 56A. Amortization of Certain Non-Conforming Uses.
i> Notwithstanding any other provisions of this Ordinance and in an effort to provide for
generally uniform limitations regarding residential occupancy throughout the residential
districts of the Town, the non-conforming occupancies referred to in this section shall be
jterminated as set forth below.
2. This section shall apply to residential occupancies in residential districts R5, R9, R15,
R30, Multiple Residence, and any special land use districts which include occupancy of
dwellings as a permitted use.
3. On and after March 1, 2006, notwithstandingwhether a valid non-conforming use or
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occupancy existed at the time of the enactment of this Zoning Ordinance, or at the time
of any amendment to this Ordinance limiting occupancy, no dwelling unit shall be
occupied except in the manner specifically permitted by the applicable provisions of this
Ordinance and any non-conforming occupancy in a dwelling unit which may have existed
prior to the date of the enactment of this section shall be terminated.
/, 4. The limitations imposed by this section shall not apply to buildings for which variances
from the occupancy requirements of this Ordinance have been granted by the Board of
Appeals, either before or after e enactment of section.
ply > bf ft the t tf this ti
5. Anon-conforming use due to be terminated pursuant to this section may be extended
upon application for a special permit for such extension from the Board of Appeals. Such
permit shall not be granted unless the applicant establishes and the Board of Appeals finds
that, notwithstanding the fifteen year period for amortizing a non-conforming use
provided for in this section, termination of the non-conforming use would cause serious
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financial harm to the property owner not balanced or justified by the advantage to the
public in terms of more complete and effective zoning accruing from the cessation of
such use. In making this determination the Board shall consider, among other factors
i
(including the factors set forth elsewhere in this Ordinance relating to the issuance of
special permits or approvals), (i) the nature of the non-conforming use; (ii) the cost of
converting to a conforming use; (iii) the amount of investment that existed in the property
on the date of the enactment of this section; (iv)the detriment caused by the non- -
conforming use; (v) the character of the neighborhood; (vi) the ability of the landowner
to have amortized the cost of the landowner's investment over the fifteen years provided
between the enactment of this section and the required termination of such use; and (vii)
whether an additional reasonable amount of time is needed by the owner to amortize the
owner's investment. In making its determination the Board shall disregard, as irrelevant, j
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any costs for purchase of a non-conforming building or property or costs to repair,
maintain, improve or enlarge a non-conforming property, incurred after March 1, 1991.
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/ If the extension is granted, the Board of Appeals shall set a fixed additional period for
the extension of time before the non-conforming use must be terminated.
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ARTICLE XM
GENERAL PROVISIONS
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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
1JAustrial District, provided that all other provisions of this ordinance are complied with. -
ECTION 58. Building Floor Area. No dwelling in any district shall be erected or altered so
tts to provide for less than 600 square feet of net enclosed floor area.
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SECTION 59. Trailers. Trailer camps or parks and trailers or mobile homes for occupancy f:
shall be prohibited in all districts except Residence District R5 and except as follows:
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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.
A 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.
f SECTION 59A. Dish Antennae. Free-standing and roof-mounted dish antennae shall be i
prohibited from all districts except as follows:
a) In Residential Districts R9, R15, and R30, and Agricultural Districts, afree-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.
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:e p e , an gE
52
Ii) the aesthetic effect of such antenna and the effect on neighborhood property
values;
r 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
AM
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
j not exceed 6 feet in height above the roof height at the building line.
�j
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
j premises and restores the surface of the ground to its original grade and approximately
the same condition as before the 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;
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
Aa
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
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itorage outside the fence. Any such junk yards existing at the time of enactment of this
" (linance shall comply with these requirements within one year of such date.
�FVTION 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.
SF,CTION 62. Side Yard on Corner Lot. On a corner lot in a Residence or Business District
dhe 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.
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.
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,rION 68. More than One Building on a Lot. Other than in a multiple residence district,
shall not be more than one principal building on any lot in any residential district. When
is more than one principal building on a lot in any non-residential district or in a multiple
district, the space between such buildings must be at least equal to the sum of the side
ds required by such buildings or the sum of the rear and the front yards as the case may be.
jON 69. Parking Facilities. Every building housing or designed to house more than 2 P
ies shall provide in connection with it and on the same lot garage space or off-street parking
e for automobiles equivalent to the number of dwelling units provided in such dwellings.
automobile parking area shall be included in any front yard, except for a lot with a single
jelling, housing not more than 2 families.
following uses shall be provided with off-street parking facilities:
� School or other educational institutions - 2 spaces for each class room.
1% Hospital. sani m or nursing or convalescent home I space for each 2 beds.
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.
Rooming, hour or tourist house - I space for each room offered to rent.
Fraternity pr sorority house or membership club - I space for each 4 beds, or one space
for each 5 members, whichever figure is larger.
Fuc.4_ t oO
'$1TT ON'70/Extraction or Deposit of Fill and Related Products. In any district no more than
ll cubic yards of fill, sod, loam, sand, gravel, stone or similar materials shall be deposited or
removed or offered for sale in any one year, 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
,arty lines, and adjacent public ways, grades and depths of proposed deposit or removal, soil ry�
hypes or fill types to be deposited or removed, erosion control during and after construction,
projected duration of project, proposed regrading and replanting of the property upon completion
of the operation, and such other items as the Board or Town Engineer may require to adequately
IN
review the proposed project. The Board shall not act until the Town Engineer has reviewed such
plan and advised the Board that in the Engineer's professional opinion the plan adequately
XX)tects the property and surrounding properties from significant adverse consequences of such 1
< deposit or removal, including, when completed, adverse drainage, erosion, visual or other
adverse impacts. Before issuing a special approval, the Board shall make the same findings as
are required for the Engineer's opinion. In considering the proposed use the Board shall tape 1
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 significant
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
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irotect the general welfare of the community, which may include a time limit upon operations,
gandards far performance, and the requirements that a performance bond be posted to insure
p compliance with the requirements of this ordinance and with any further reasonable conditions
Imposed by the Board. In the event that the proposed movement of material involves the deposit
or extraction of more than 2,500 cubic yards, the matter shall first be referred to the Planning
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ion and for its recommendation before the Board of Appeals makes its final decision.
� PPS
The following are excepted from the requirements set forth above:
1. Any normal building operation in connection with a legal building permit, such
as excavation, fillip or grading, shall be excepted from the provisions of this
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Section provided, however, that this exception shall apply only where the total
amount of material moved from one place to another place on the construction site
is less than 700 cubic yards and where the amount of material removed from the
construction site to an off-site location or brought to the construction site from
an off-site location) is less than 500 cubic yards. For the purpose of this section
a "construction site" consists of the larger of the following areas:
j (a) an area of 30,000 square feet in which the proposed construction is to be
located; or
MIN
a (b) the area contained within the footprint of the proposed structure plus an
additional 50 feet adjacent to the perimeter of the proposed structure.
2. Removal or deposit of fill in connection with the construction of a septic field or
septic system on an individual lot pursuant to a permit obtained from the
Tompkins County Health Department.
3. Removal or deposit of fill in connection with construction in accordance with a
site plan approved by the appropriate Town authority (e.g. Town Board, Town
Planning Board or Zoning Board of Appeals) provided that such construction
occurs within three years of the final approval of such authority.
4. Removal, movement, or deposit of not more than 500 cubic yards of fill in an
Agricultural Zone in any three year period in conjunction with one or more bona
fide agricultural uses.
5. Removal or deposit of fill in connection with construction of roads and other
facilities in a subdivision approved in accordance with the requirements of the
Town of Ithaca Planning provided,rovided, however, that
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(a) plans for such construction showing in sufficient detail the proposed removal
and/or deposit of fill were submitted to the Planning Board and approved by the
Town Engineer in conjunction with the subdivision approval; or
Sri - (b) the Planning Board expressly waived the requirement of submission of such
rt drawings and the total amount of material to be either deposited or removed is
;! less than 500 cubic yards.
In any event the exception granted by this subparagraph shall not apply to any
t construction which occurs more than three years after granting of final subdivision
approval by the Town Planning Board.
71. Public Garages and Gasoline Sales Stations.
L No part of any building used as a public garage or gasoline service station and no filling
r; pump, lift or other service appliance shall be erected within 25 feet of any Residence
r! District or in any required side yard.
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 ,,
I cp rtment under the terms of the County Sanitary Code. Where minimum lot sizes are
sixxified in this Ordinance, the same shall be subject to the approval of the Tompkins County
hlealth Department or any successor agency, and if such Department or successor requires larger
cots to comply with the County Sanitary Code, the requirements of such Department or successor
hall govern.
e 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 XIV
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
proposedd construction, alteration or use thereof would be in violation of any provision of this
ordinance.
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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;
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(b) do not materially affect structural features of the building;
(c) do not affect fire safety features such as smoke detectors, sprinklers, required At,
fire separations and exits;
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(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.
fill
2. An accessory building in an agricultural or residential district, provided that such
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building:
(a) costs less than $3,000.00;
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(b) is less than 12 feet in height;
%! (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 RS, R9, R15, R30, and agricultural districts provided that such
jparking spaces cost less than $10,000.00.
This waiver of the permit to build requirement for alterations, accessory buildings, and
t� ring spaces shall in no case relieve the property owner from compliance with other provisions
�"" f 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
Inovision of this Ordinance. No such permit shall be issued, except pursuant to written order
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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
luilding Code or any successor statute.
Every application for a building permit shall state in writing the intended use of the
Wilding 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
� s of the value of the improvement to be constructed as follows:
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Value of Improvement Fee
$ 1 - $ 5,000 $ 15.00
5,001 - 10,000 25.00
10,001 - 20,000 40.00
j 20,001 - 30,000 60.00
30,001 - 40,000 80.00
i 40,001 - 50,000 100.00
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50,001 - 150,000 200.00
150,001 - 250,000 300.00 E
0 250,001 - 500,000 400.00
500,001 - 1,000,000 600.00
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1,000,001 - 5,000,000 1,000.00
5,000,001 and over 2,000.00
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'Unless there has been substantial progress in the work for which a building permit was issued,
.aid 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
1v required for all buildings which are converted from one general occupancy classification to
smother 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. t
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 including, without limitation, 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 to serve for terms as prescribed by law. Vacancies
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occurring in said Board by expiration of term or otherwise shall be filled in the same
manner.
2. The Town Board shall designate the Chairman of the Board of Zoning Appeals. The
Board of Zoning Appeals shall choose its own 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 principle use is research,
administration, or instruction, the same shall be presumed to exist.
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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.
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d. The proposed use shall not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devaluate neighboring property or seriously
j 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. Where the terms of this Ordinance require a matter to be referred to the Planning Board
for a recommendation before action is taken by the Board of Appeals, the Board of j
Appeals shall not hear the matter unless and until the Planning Board has reviewed the
matter and recommended the action affirmatively. The Planning Board shall act within
60 days of receipt of the application. Failure to act within such time period shall be
deemed an affirmative recommendation unless the time to act is extended with the
applicant's consent. In the event the Planning Board recommends affirmatively, but with �
conditions, the approval of the Board of Appeals shall include the Planning Board's
conditions, plus any additional conditions the Board of Appeals deems necessary.
10. 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 78. Planning Board Recommendations. In making recommendations to the Town }
Board and the Board of Appeals, the Planning Board shall determine that:
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There is a need for the proposed use in the proposed location.
The existing and probable future character of the neighborhood in which the use is to be
located will not be adversely affected.
i. The proposed change is in accordance with a comprehensive plan of development of the
Town.
'1FCTION 79. Violations and Penalties. Pursuant to Section 268 of the Town Law any person,
i nn, 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
Icy 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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1 N U. Fees. r
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1. Miscellaneous previsions.
We (a) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable, shall
r/j/ hold no public hearing nor take any action to endorse or approve any application until all
applicable fees and reimbursable costs have been paid to the Town with receipt therefor
provided to the respective Board except if costs are deposited in escrow as hereinafter set
forth, action may commence unless the amount in escrow is found to be inadequate and
th applicant has not replenished the escrow account. In that event further action b an e PP eP Y Y M1
board shall be suspended until the applicant has deposited the appropriate amount back
in the escrow account.
(b) Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or
10 by the Deputy Town Clerk associated with the Engineering, Planning, and
%
Building/Zoning Department. When an escrow deposit is required, if there exists any
question as to the required amount of escrow, the officer collecting the fees shall consult
with the Town Engineer, whose calculation of same shall be final. Such fees shall be
collected by the Town Clerk or the Town Clerk's designee who shall issue a receipt
stating the purpose of the payment. This receipt must be filed with the application as
jevidence of payment. —
(c) All Application Fees paid to the Town in accordance with the fee schedule shall be
non-refundable unless miscalculated. Except for unexpended escrow amounts or
miscalculated fees, no funds paid to or deposited with the Town for review or inspection
shall be returned to the applicant should an application be disapproved by the Town,
j reduced in scale by the applicant, or otherwise partially or wholly abandoned.
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(d) For purposes of calculating fees, if the proposal involves a dormitory, two bedrooms
shall constitute one dwelling unit.
2. Building permit fees, y'
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�l (a) The fees for a building permit shall be as set forth in Section 75 of this Ordinance.
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3. Application fees and Public Hearing Fees,
f (a) A nonrefundable fee shall be paid along with each application as set forth in the
Schedule of Application and Review Fees set forth below (the "Fee Schedule") to cover
expenses related to the administration and processing of applications, including agenda
or public hearing notice,clerical processing,and preliminary processing of the application `
by Planning and/or engineering personnel.
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! � (b) Whenever an application or appeal is filed with the Town for which a public hearing
is required, there shall be paid simultaneously a fee of $50.00 to defer the costs of
publishing and mailing the notice and application to appropriate parties, and the cost of
f� transcribing the proceedings relating to the application or appeal. Such $50.00 fee is
jincluded in the Fee Schedule set Earth below as part of the initial application fee (e.g. an
application fee of$100.00 includes the Public Hearing Fee of $50.00).
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(c) If the hearing continues for more than one meeting necessitating re-publication and/or
re-noticing, an additional Public Hearing Fee shall be paid prior to each continued
hearing. If the matter continues for more than one meeting but the subsequent meetings
jdo not require a public hearing, an Agenda Processing Fee shall be paid prior to each
additional meeting at which the matter is continued without a�public hearing. In the t
discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case
may be, or the person designated to collect application fees, additional Public Hearing
Fees or additional Agenda Processing Fees may be waived with respect to any subsequent
meetings, particularly if the continuation was necessitated by actions of the Town officials
and not by the applicant.
(d) The above fees may be waived in whole or in part, or may be modified by the Town
Supervisor, the Town Planner, or the Town Engineer for good cause shown.
>, (e) In the case of Subdivision or Site Plan applications, the Planning Board, in its
discretion, may waive the fee for a final plat in those circumstances where Final Plat or
Plan Approval is given simultaneously with Preliminary Plat or Plan Approval.
4. Review Fees.
(a) A Review fee shall be paid as set forth in the Fee Schedule set forth below. Such Fee
is intended to cover part of the cost of professional services, including, but not limited
to, engineering, planning, legal, and other expenses incurred by the Town in its review
of the submitted application materials for Preliminary and/or Final Subdivision or Site
Plan Approval.
(b) When the Review Fee set forth in the Fee Schedule is calculated on a per lot or per
unit basis the Review Fee is non-refundable unless denominated as an amount to be
placed in escrow.
(c) When the Review Fee is stated in the Fee Schedule to be the Actual Cost of Review,
the Review Fee shall be such actual cost of conducting the review as determined and
billed by the Town. The basis for calculating such cost shall be the actual costs to the
Town for independent consultant services, legal services, engineering services, planning
services and/or any other services or expenses of outside consultants plus an amount
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Jintended to reimburse the Town for the time of Town staff (Engineering, Planning, t-
Legal, Highway Superintendent, and others) devoted to reviewing the proposals. The ,
amount charged for Town staff shall be determined by multiplying the number of hours `
devoted to the proposal times hourly rates as determined from time to time by the Town
Board for various staff positions.
(d) An escrow agreement providing for the deposit of the amounts set forth in the Fee
USchedule in the form directed by the Town shall be executed by the applicant and the
deposit made in the amount set forth in the Fee Schedule. Sums so deposited and
not utilized in the review process shall be returned to the applicant within a reasonable
period of time after the adoption of the last resolution finally disposing of the application
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whether b granting or denial of the application). At the time of such return and if no
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funds are due, at the time of final disposition of the application the Town will provide
an accounting of the expenses charged to the escrow account.
(e) If the review costs are estimated to exceed the amount so deposited and additional fees
are deemed necessary, the applicant shall be notified of the required additional amount
by the Town Engineer and shall add such sum to the escrow account.
(f) If, in the judgement of the Town Engineer, the deposit provided for herein
exceeds the anticipated reasonable review costs, the Town Engineer may adjust the
deposit to reflect the anticipated review cost.
(g) Unexpended escrow funds deposited as part of the Review Fee may be credited
against deposits due for the Inspection Fee, where such is required, upon the filing of an
application for site development or the construction of improvements.
(h) For purposes of determining the amount of escrow the following shall apply:
(i) As part of the application for Preliminary Subdivision or Preliminary Site Plan I
Approval, a preliminary estimate of the cost of improvements shall be provided
by the applicant's Licensed Professional Engineer along with the other items
required for a Preliminary Subdivision or Preliminary Site Plan Application as set
forth in the Town of Ithaca Subdivision Regulations and the Town of Ithaca
Zoning Ordinance.
(ii) As part of the application for Final Subdivision or Final Site Plan Approval,
a revised estimate of the cost of improvements shall be provided by the applicant's
Licensed Professional Engineer along with the other items required for final
subdivision application as outlined in the Town of Ithaca Subdivision Regulations
and the Town of Ithaca Zoning Ordinance.
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(iii) In the case of subdivision applications, the terms "cost of improvements",
"improvement cost" or "project cost" shall mean the costs of construction of all {
%j general site improvements (whether on or off the specific site involved) to be
constructed by applicant such as grading, roads, drainage improvements, sewers,
i 1111110 water lines, and other similar items but excluding the cost of dwelling units to be
constructed on the subdivided lots. In the case of site plan applications such terms
shall mean the costs of construction of all site improvements (whether on or off
the specific site involved) including grading, roads, drainage improvements,
sewers water lines buildings and an other improvement of an nature
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whatsoever to be constructed by applicant.licant. In both cases such terms exclude land
acquisition costs architects fees engineering fees and other similar non-
construction costs.
(iv) The estimates provided with the preliminary or final application shall be
considered, along with the other items of application and anticipated review costs,
1/0
in determining the amount of review fee escrow.
(v) An estimate of the cost of improvements provided by the applicant and not
by a Licensed Professional Engineer may be accepted when in the judgement of
the Town Engineer, such estimate is reasonably accurate. The Town Engineer
may adjust such estimate and the estimate as so revised by the Town Engineer
shall be the basis of the escrow deposit calculation.
(vi) In no event shall an escrow account be established with less than a $200
deposit, which amount shall be a minimum regardless of the amounts calculated
pursuant to the Fee Schedule.
(i) In the case of clustered subdivision applications, the fees set forth for subdivisions
shall apply.
(j) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule
for initial review of the general plan by staff and the Town Board shall be submitted with
the initial application. When the rezoning is referred to the Planning Board for
recommendation, the fee for Site Plan Review -Preliminary Plan shall be paid prior to
any further review of the general plan by the Planning Board and prior to any
recommendation by the Planning Board to the Town Board. If the Town Board approves
an application for rezoning upon recommendation by the Planning Board, and when
specific development is proposed, the fee for Site Plan Review - Final Plan shall be paid
to cover the costs of further review by staff and the Planning Board.
(k) In the case of applications for Special Approval, a basic fee as set forth in the Fee
Schedule for initial review of the general plan by staff and the Zoning Board of Appeals
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shall be submitted with the initial application. If the application is referred to the
NPlanning Board for recommendation, the fee required for Site Plan Review-Preliminary -
Plan shall be paid prior to any further review of the general plan by the Planning Board
and prior to any recommendation by the Planning Board to the Zoning Board of Appeals.
If the Zoning Board of Appeals approves an application for Special Approval upon
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recommendation by the Planning Board, and when specific development is proposed
requiring further review, the fee for Site Plan Review - Final Plan shall be paid to cover
the costs of further review by staff and the Planning Board. If the application is not
referred to the Planning Board, the basic fee shall be paid without any further fees for
site plan review.
IN 5. SEOR-Related Fees.
(a) In addition to the fees required as stated in the Fee Schedule, the fees for review
or preparation of an Environmental Impact Statement involving an application for
approval or 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 or preparation of such impact statement, but in no event shall the fees be greater
than that established in 6 NYCRR 617.17. The Town Supervisor, Building Inspector,
Planner, or 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.
6. Inspection Fees.
(a) In addition to the fees provided for herein, where the inspection of on- or off-site
improvements or development is required, the applicant shall reimburse the Town for the
actual cost to the Town of all engineering, planning, highway inspection, legal,
consulting, clerical and other expenses incurred by the Town during the process of
inspection and review of the completion of site improvements and the fulfillment of any
requirements of any regulation or resolution pertaining to development projects which
have been granted Final Subdivision or Site Plan Approval. The costs so incurred shall
be determined by the Town and billed to the applicant. The basis for calculating such
costs shall be the same as set forth above with reference to Review Fees.
(b) An escrow agreement providing for the deposit of the amounts set forth in the Fee
Schedule in the form directed by the Town shall be executed by the applicant and the
deposit made in the amount set forth in the Fee Schedule to cover the cost of inspections
and compliance review incurred
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(i) after final approvals have been given,
(u) in the course of building permit issuance,
iii during the course of construction of an improvements including buildings,
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roads, and other improvements, and
(iv) during the course of issuing any certificates of compliance or occupancy.
(c) Along with any application for final approval of site improvement and development
construction plans where such final approval of such plans is required, an estimate of the
cost of improvements shall be provided by the applicants Licensed Professional Engineer
in similar manner as the estimate is provided for the escrow for the review fees. This
estimate shall be used along with the other items included in the application and in the
prior review process in determining the amount of inspection escrow. The developer
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shall make the required inspection escrow deposit prior to any final approval of said site
improvement and development construction plans and prior to the commencement of
construction of any of such improvements.
� (d) All of the provisions regarding escrow accounts for Review Fees shall be applicable
to the escrow accounts for Inspection Fees including authority to the Town Engineer to
waive the requirement that the cost of improvements be prepared by a Licensed Engineer,
and to increase or decrease the required escrow amount, the definitions of costs of
improvements, and the $200 minimum deposit.
(e) The inspection fee shall in no case be less than $100.
(f) The inspection fee may be included as a portion of a letter of credit or performance
guarantee, where applicable.
(g) Where applicable or where required, no final acceptance of proposed public
improvements, and no final approval of site construction or site improvements shall be
made and no Certificates or Occupancy shall be issued until all Inspection Fees have been
paid or fully escrowed.
(h) The Town shall return any balance of the deposit to the applicant upon final
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acceptance of proposed public improvements and/or final acceptance of subject site
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improvements together with an account of all expenses charged to the escrow fund.
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TOWN OF ITHACA
SCHEDULE OF APPLICATION AND REVIEW FEES
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ESCROW FOR:
proved by Town Board Application/
12 - Mar - 90 Review Review Inspection
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NVISION REVIEW:
Application Fee:
New Lots/Units $ 50
k10 New Lots/Units $ 75
than 10 New Lots/Units $100 Plus, $ 1
Per Lot
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binary Plat:
10 New Lots/Units $ 50 plus, $10
ut Roads or Public Utilities) Per Lot/Unit
lklr') $ 10 0 Plus 0 . 5 % of
Actual Cost of e s t i m a t e d
Review imprv. cost
f Plat:
10 New Lots/Units $ 50 Plus,
Gaut Roads or Public Utilities) $ 10 Per
Lot/Unit
ethers $ 10 0 Plus 0 . 5 % o f
Actual Cost of e s t i m a t e d
Review imprv. cost
lion: Actual Cost of 0 . 5 % o f
Insp. estimated
f imprv. cost
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ESCROW FOR:
Application/
Review Review Inspection
plats whose sole purpose is
date land for public use: No Charge No Charge No Charge
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iaffirmations: $ 50 Plus,
$ 5 Per
j Lot/Unit
PLAN REVIEW:
Application Fee: $ 70
inary Plan:
Residential $ 100 Plus 0 . 1 % o f
Actual Cost of e s t i m a t e d
k
Review project cost,
excluding land
dential $ 100 Plus $ 25 Per
Actual Cost of Dwelling Unit
Review
�1 Plan:
-Residential $ 50 Plus 0 . 1 % o f
Actual Cost of estimated
Review project cost,
excluding land
�idential $ 50 Plus $ 25 P e r
Actual Cost of Dwelling Unit
Review
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ESCROW FOR.
Application/
Review Review Inspection
ion: Actual Cost of 0 . 0 5 % o f
Residential Inspection e s t i m a t e d
project cost,
excl. land
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Antial Actual Cost of $ 25 Per
Inspection Dwelling Unit
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lG AMENDMENT/
11DNING: $ 170 Plus Pertinent Site Plan Review Fees
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�nJAL APPROVALS: $ 100 Plus Pertinent Site Plan Review Fees
SING APPEALS:
o & Use Variances: $ 80
IITIONAL MEETING FEE:
i
e event of more than 1 meeting
�blic hearing per application)
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(w��.nda Processing: $ 30
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lic Hearing Processing: $ 50
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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 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 XI
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 be erected or extended to exceed thirty (30)
feet in height.
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 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.
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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.
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
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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.
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.
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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.
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, 56A, and 73, any lawful use of land or a building or a 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
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which it was used prior to the loss is recommenced within one year. The time limit may be
extended by the Board of Appeals in cases of practical difficulty or unnecessary hardship.
SECTION 56A. Amortization of Certain Non-Conforming Uses.
1. Notwithstanding any other provisions of this Ordinance and in an effort to provide for
generally uniform limitations regarding residential occupancy throughout the residential
districts of the Town, the non-conforming occupancies referred to in this section shall be
terminated as set forth below.
2. This section shall apply to residential occupancies in residential districts R5, R9, R15,
R30, Multiple Residence, and any special land use districts which include occupancy of
dwellings as a permitted use.
3. On and after March 1, 2006, notwithstanding whether a valid non-conforming use or
occupancy existed at the time of the enactment of this Zoning Ordinance, or at the time
of any amendment to this Ordinance limiting occupancy, no dwelling unit shall be
occupied except in the manner specifically permitted by the applicable provisions of this
Ordinance and any non-conforming occupancy in a dwelling unit which may have existed
prior to the date of the enactment of this section shall be terminated.
4. The limitations imposed by this section shall not apply to buildings for which variances
from the occupancy requirements of this Ordinance have been granted by the Board of
Appeals, either before or after the enactment of this section.
5. A non-conforming use due to be terminated pursuant to this section may be extended
upon application for a special permit for such extension from the Board of Appeals. Such
permit shall not be granted unless the applicant establishes and the Board of Appeals finds
that, notwithstanding the fifteen year period for amortizing a non-conforming use
provided for in this section, termination of the non-conforming use would cause serious
financial harm to the property owner not balanced or justified by the advantage to the
public in terms of more complete and effective zoning accruing from the cessation of
such use. In making this determination the Board shall consider, among other factors
(including the factors set forth elsewhere in this Ordinance relating to the issuance of
special permits or approvals), (i) the nature of the non-conforming use; (ii) the cost of
converting to a conforming use; (iii) the amount of investment that existed in the property
on the date of the enactment of this section; (iv) the detriment caused by the non-
conforming use; (v) the character of the neighborhood; (vi) the ability of the landowner
to have amortized the cost of the landowner's investment over the fifteen years provided
between the enactment of this section and the required termination of such use; and (vii)
whether an additional reasonable amount of time is needed by the owner to amortize the
owner's investment. In making its determination the Board shall disregard, as irrelevant,
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any costs for purchase of a non-conforming building or property or costs to repair,
maintain, improve or enlarge a non-conforming property, incurred after March 1, 1991.
If the extension is granted, the Board of Appeals shall set a fixed additional period for
the extension of time before the non-conforming use must be terminated.
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ARTICLE XM
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.
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:
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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 condition as before the 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;
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
53
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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 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.
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.
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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.
SECTION 70. Extraction or Deposit of Fill and Related Products. In any district no more than
50 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials shall be deposited or
removed or offered for sale in any one year, 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 deposit or removal, soil
types or fill types to be deposited or removed, erosion control during and after construction,
projected duration of project, proposed regrading and replanting of the property upon completion
of the operation, and such other items as the Board or Town Engineer may require to adequately
review the proposed project. The Board shall not act until the Town Engineer has reviewed such
plan and advised the Board that in the Engineer's professional opinion the plan adequately
protects the property and surrounding properties from significant adverse consequences of such
deposit or removal, including, when completed, adverse drainage, erosion, visual or other
adverse impacts. Before issuing a special approval, the Board shall make the same findings as
are required for the Engineer's opinion. 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 significant
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
55
TATE
Local Law Filing 162 WASHINGTONSAVENUE, ALBANY, NY 1223E
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
Ithaca
Townof .............................. .......................................................................................
Local Law No. ............. ..............................:..... of the year 19 .91.
A local law ...'.MENDING THE TOWN OF ITHACA ZONING ORDINANCE EXCEPTING CERTAIN
................................................................................................................................................
(?zisert Title) APPROVED SITE PLANS AND APPROVED SUBDIVISIONS
FROM THE REQUIREMENT OF OBTAINING FILL PERMITS
Be it enacted by the ........Town Board ..of the
(Name of Legislative Body)
On
Ithaca
Townof ..................................................................................................................................................as follows:
The Zoning Ordinance of the Town of Ithaca as readopted, amended and
revised effective February 26, 1968, and thereafter further amended,
and particularly further amended by Local Law No. 9 for the year 1990
and Local Law No. 13 for the year 1990 is further amended as follows:
1. Article XIII, Section 70, subdivision 3 is hereby amended to read
as follows:
"3. Removal or deposit of fill in connection with construction
in accordance with .a site plan approved by the appropriate Tcwn
Authority (e.g. , Town Board, Town Planning Board, or the Zoning
Board of Appeals) provided that such construction occurs within
three years of the final approval of such authority or by
December 31, 1992, whichever is later."
2. Article XIII, Section 70, subdivision 5, last paragraph, is
amended to read as follows:
"In any event the exception granted by this subparagraph shall
not apply to any construction which occurs more than three years
after the granting of final subdivision, approval by the Tawn
Planning Board or after December 31, 1992, whichever date is
later."
3. This Local Law shall take effect upon its publication as required
by law.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev_ 7/90)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 7 of 19 91
of the Town) of Ithaca was duly passed by the
Town Board on April 8 , 1991 , in accordance with the applicable provisions of law.
Name of Legislative Body
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body on 19 and was (approved)(not disapproved)(repassed after
disapproval) by the and was deemed duly adopted on 19
Elective Chief executive Officer'
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19_
of the (County)(City)(Town)(Village) of was duly passed by the
me of Legislative Body) on 19 and was (approved)(not disapproved)(repassed after
� .
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer'
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body on 19_, and w•ns (approved)(not disapproved)(repassed after
disapproval) by the on 19 Such local law w'ns subject to
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
-,illage, or the supervisor of a town where such officer is vested with the power to approve or veto lucal
tows or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
^f the City of having been submitted to referendum pursuant to
__ie provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19_, became operative.
6. (County local Iaw concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please proi,ide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and .;as finally adopted
in the manner indicated in paragraph 1 above.
Town Clerk
(Seal) Date: Ar)ril 9 , 1991
(Certification to be executed by County attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and- that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature John C . Barney
Title Town Attorney
mmot, Ithaca
Town —
Date:
(3)
3/20/91
protect the general welfare of the community, which may include a time limit upon operations,
standards for performance, 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. In the event that the proposed movement of material involves the deposit
or extraction of more than 2,500 cubic yards, the matter shall first be referred to the Planning
Board for its recommendation before the Board of Appeals makes its final decision.
The following are excepted from the requirements set forth above:
1. 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 provided, however, that this exception shall apply only where the total
amount of material moved from one place to another place on the construction site
is less than 700 cubic yards and where the amount of material removed from the
construction site to an off-site location (or brought to the construction site from
an off-site location) is less than 500 cubic yards. For the purpose of this section
a "construction site" consists of the larger of the following areas:
(a) an area of 30,000 square feet in which the proposed construction is to be
located; or
(b) the area contained within the footprint of the proposed structure plus an
additional 50 feet adjacent to the perimeter of the proposed structure.
2. Removal or deposit of fill in connection with the construction of a septic field or
septic system on an individual lot pursuant to a permit obtained from the
Tompkins County Health Department.
3. Removal or deposit of fill in connection with construction in accordance with a
site plan approved by the appropriate Town authority (e.g. Town Board, Town
Planning Board or Zoning Board of Appeals) provided that such construction
occurs within three years of the final approval of such authority.
4. Removal, movement, or deposit of not more than 500 cubic yards of fill in an
Agricultural Zone in any three year period in conjunction with one or more bona
fide agricultural uses.
5. Removal or deposit of fill in connection with construction of roads and other
facilities in a subdivision approved in accordance with the requirements of the
Town of Ithaca Planning Board provided, however, that
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3/20/91
(a) plans for such construction showing in sufficient detail the proposed removal
and/or deposit of fill were submitted to the Planning Board and approved by the
Town Engineer in conjunction with the subdivision approval; or
(b) the Planning Board expressly waived the requirement of submission of such
drawings and the total amount of material to be either deposited or removed is
less than 500 cubic yards.
In any event the exception granted by this subparagraph shall not apply to any
construction which occurs more than three years after granting of final subdivision
approval by the Town Planning Board.
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 the County Sanitary Code, the 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 XIV
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;
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(b) is less than 12 feet in height;
(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.
59
oG aw 1 ing -162 WASHING.-ON AVENUE, ALBANY, NY 12=1
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
Ithaca
Townof ........................................................................................................................
Local Law No. ...................10........................... of the year 19 .91.
A local law ...TO. AMEND THE ZONING ORDINANCE REGARDING FEES FOR BUILDING
PER AND (Inge:: Tis:e) PROVIDING FOR L'SE PERti1IT FEES AND OPER.�TING PERM. IT
FEES
Be it enacted by the ............................................T.Q.W.0...B.9.amd..................................................................of the
(\arne of Legislative Body)
Ithaca
Townof ..................................................................................................................................................as follows:
The Zoning, Ordinance of the Town_ of lttha-ca as readopted, a:.ze-nded, and
revised, effective February 26, 1968, and subseaueritly anr:e_nded, he
further ame-nded as follows:
1. The fee schedule set forth in Section 75 of said Ordi^.arce is
amended to read as follows:
"Value of T= Yo anent Fee
$ 1 - $ 5,000 $ 20.00
5,001 - 10,000 30.00
10,001 - 20,000 45.00
20,001 - 30,000 65.00
30,001 - 40,000 85.00
40,001 - 50,000 100.00
50,001 - 150,000 250.00
150,001 - 250,000 350.00
250,001 - 500,000 500.00
500,001 - 1,000,000 750.00
1,000,001 - 2,500,000 1,000.00
2,500,001 - 5,000,000 2,000.00
5,000,001 - 10,000,000 3,000.00
10,000,001 - 20,000,000 4,000.00
20,000,001 and over 5,000.00"
(If additional space is needed, attach paves the same size as this sheet, and number each.)
(i)
OCS-239 (Rev.. 7/901
2. The last sentence of Section 76 is hereby amended to read as
follows:
"The fee for the issuance of a Certificate of Occupancy shall be
$50.00."
3. There is hereby adopted a new Section 76-A, entitled "Fees for
Use Permits and Operating Permits" reading as follows:
"Section 76-A. Fees for Use Pe_Ymits and Operating Permits.
1. The fee for a Use Permit issued pursuant to Lccal Law
No. 1 of the year 1981 as the same has been
subsequently amended is $25.00.
2. The fees for the issuance of an Operating Pe-.-it
required pursuant to Local Law No. 1 of the year 1981
as the same has been s=se_uently_ amended shall be as
follows:
(a) Fees for uses other than
multiple residences $100.00
(b) Fees for multiple residences
shall be as follows:
( i) Three to five dwelling
units in each building 50.00 per
building
( ii) Si.:c to ten Willing units
per building 100.00 per
building
(iii) Eleven dwelling units or
more per building 150.00 per
building"
3. This local law shall take effect upon its publication as required
by law.
Page la
(Complete the certification in the paragraph that applies to the filing of this local law and
' strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I here::y certify that the local law annexed hereto, designated as Iocal law No. 10 of 19 91
of the (Town) of Ithaca was duly passed by the
Town Board on May 13 • 19 91 in accordance with the applicable provisions of law-
.Nama of LeFiia::ve Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective .Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (Countv)(City)(Town)(Village) of was duly passed by the
or. 19_, and was (approved)(not disapp rove d)(repassed after
�13^2 J[ L2j:5/atiVe Body
disapproval) by the and was deemed duly adopted on 19
(Elective Chief Exzct:ive Officer'
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I h.:ec,,• cerzHy that the local la:-.• annexed hereto, designated as local law No. of 19_
of t•ae (Countv)(City)(Tow•n)(ViLag-)
or-was cult' passed bv the
cf Body) C. 19_ and was (approved)(not disapproved)(rerassed after
disapproval) by the oa 19 Such Iocai law was
(Elective Chief:xec_.•:e Of:cer')
su--mi_ :ed' to the people by reason of -a (mandaton•)(permis_ive) referendum. and received tine a: ir.;,aCite
vote CC a majorliv Ot the Qual:iz.:= _:�_;ivr5 voting thereon at the (fie^.eral)(jptCial)(Annuli; =ti0(� i:1ll� O[i
19 in actor-`2 with the applicable provision_ of law.
4. (Subject to permissive referendum and final adoption because no valid petition )%-as filed requesting
referndum.)
I here- certify that the local law- annexed hereto, designated as. local law No. of 19
of the (Count}-)(City)(To,,n)(Village) of was duly passed by the
Oil 19 and w•as (npprovedli(not disappro�ed)(r:gassed after
(Same cf Zagisiative Body
disapproval) by the on 19 Such local law- w•as subject t
Elective Chief Exec---ve Of::cer')
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief Executive officer of a county elected on a
county-wide basis or, if there be none, the chairinan of Elie county legislative hods•, the mayor of a ell%
or Niitape, or the supervisor of a town v.here such officer is vested %sith the power to nppro•e or %eto local
la%-.s or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the Iocal law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the iVfunicipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19 became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the. affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certificatIOLI.;
I further certify that I have compared the preceding local law «ith the original on file in tlii_ office and that
the same is a correct transcript therefrom and of the whole of such original local law, and £itinily ndcptzd
in the manner indicated in paragraph 1 , above.
Town Clerk
Seal) Date: rlay 15 , 1991
(Certification to be executed by Count} Attorney, Corporation Counsel, To«vri :attorney. Village Attornol or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify tint the foregoing local law contains the correct text and that all groper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature John C . Barney
Town Attornev
Tice
Tov•n
of Ithaca
-• -- -
Dnte:
(3)
3/20/91
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 including, without limitation, 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 to serve for terms as prescribed by law. Vacancies
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occurring in said Board by expiration of term or otherwise shall be filled in the same
manner.
2. The Town Board shall designate the Chairman of the Board of Zoning Appeals. The
Board of Zoning Appeals shall choose its own 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 principle use is research,
administration, or instruction, the same shall be presumed to exist.
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3/20/91
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. Where the terms of this Ordinance require a matter to be referred to the Planning Board
for a recommendation before action is taken by the Board of Appeals, the Board of
Appeals shall not hear the matter unless and until the Planning Board has reviewed the
matter and recommended the action affirmatively. The Planning Board shall act within
60 days of receipt of the application. Failure to act within such time period shall be
deemed an affirmative recommendation unless the time to act is extended with the
applicant's consent. In the event the Planning Board recommends affirmatively, but with
conditions, the approval of the Board of Appeals shall include the Planning Board's
conditions, plus any additional conditions the Board of Appeals deems necessary.
10. 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 78. Planning Board Recommendations. In making recommendations to the Town
Board and the Board of Appeals, the Planning Board shall determine that:
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1. There is a need for the proposed use in the proposed location.
2. The existing and probable future character of the neighborhood in which the use is to be
located will not be adversely affected.
3. 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. Tnwn of Uhnen shall he. dPpmPAJ guilty of An nffPnv- and i1nnn
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. Miscellaneous provisions.
(a) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable, shall
hold no public hearing nor take any action to endorse or approve any application until all
applicable fees and reimbursable costs have been paid to the Town with receipt therefor
provided to the respective Board except if costs are deposited in escrow as hereinafter set
forth, action may commence unless the amount in escrow is found to be inadequate and
the applicant has not replenished the escrow account. In that event further action by any
board shall be suspended until the applicant has deposited the appropriate amount back
in the escrow account.
(b) Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or
by the Deputy Town Clerk associated with the Engineering, Planning, and
Building/Zoning Department. When an escrow deposit is required, if there exists any
question as to the required amount of escrow, the officer collecting the fees shall consult
with the Town Engineer, whose calculation of same shall be final. Such fees shall be
collected by the Town Clerk or the Town Clerk's designee who shall issue a receipt
stating the purpose of the payment. This receipt must be filed with the application as
evidence of payment.
(c) All Application Fees paid to the Town in accordance with the fee schedule shall be
non-refundable unless miscalculated. Except for unexpended escrow amounts or
miscalculated fees, no funds paid to or deposited with the Town for review or inspection
shall be returned to the applicant should an application be disapproved by the Town,
reduced in scale by the applicant, or otherwise partially or wholly abandoned.
(d) For purposes of calculating fees, if the proposal involves a dormitory, two bedrooms
shall constitute one dwelling unit.
2. Building_permit fees.
(a) The fees for a building permit shall be as set forth in Section 75 of this Ordinance.
3. Application fees and Public Hearing Fees.
(a) A nonrefundable fee shall be paid along with each application as set forth in the
Schedule of Application and Review Fees set forth below (the "Fee Schedule") to cover
expenses related to the administration and processing of applications, including agenda
or public hearing notice, clerical processing, and preliminary processing of the application
by planning and/or engineering personnel.
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(b) Whenever an application or appeal is filed with the Town for which a public
hearing is required, there shall be paid simultaneously a fee of$50.00 to defer the costs
of publishing and mailing the notice and application to appropriate parties, and the cost
of transcribing the proceedings relating to the application or appeal. Such $50.00 fee is
included in the Fee Schedule set forth below as part of the initial application fee (e.g. an
application fee of$100.00 includes the Public Hearing Fee of $50.00).
(c) If the hearing continues for more than one meeting necessitating re-publication and/or
re-noticing, an additional Public Hearing Fee shall be paid prior to each continued
hearing. If the matter continues for more than one meeting but the subsequent meetings
do not require a public hearing, an Agenda Processing Fee shall be paid prior to each
additional meeting at which the matter is continued without a public hearing. In the
discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case
may be, or the person designated to collect application fees, additional Public Hearing
Fees or additional Agenda Processing Fees may be waived with respect to any subsequent
meetings,particularly if the continuation was necessitated by actions of the Town officials
and not by the applicant.
(d) The above fees may be waived in whole or in part, or may be modified by the Town
Supervisor, the Town Planner, or the Town Engineer for good cause shown.
(e) In the case of Subdivision or Site Plan applications, the Planning Board, in its
discretion, may waive the fee for a final plat in those circumstances where Final Plat or
Plan Approval is given simultaneously with Preliminary Plat or Plan Approval.
4. Review Fees.
(a) A Review fee shall be paid as set forth in the Fee Schedule set forth below. Such Fee
is intended to cover part of the cost of professional services, including, but not limited
to, engineering, planning, legal, and other expenses incurred by the Town in its review
of the submitted application materials for Preliminary and/or Final Subdivision or Site
Plan Approval.
(b) When the Review Fee set forth in the Fee Schedule is calculated on a per lot or per
unit basis the Review Fee is non-refundable unless denominated as an amount to be
placed in escrow.
(c) When the Review Fee is stated in the Fee Schedule to be the Actual Cost of Review,
the Review Fee shall be such actual cost of conducting the review as determined and
billed by the Town. The basis for calculating such cost shall be the actual costs to the
Town for independent consultant services, legal services, engineering services, planning
services and/or any other services or expenses of outside consultants plus an amount
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intended to reimburse the Town for the time of Town staff (Engineering, Planning,
Legal, Highway Superintendent, and others) devoted to reviewing the proposals. The
amount charged for Town staff shall be determined by multiplying the number of hours
devoted to the proposal times hourly rates as determined from time to time by the Town
Board for various staff positions.
(d) An escrow agreement providing for the deposit of the amounts set forth in the Fee
Schedule in the form directed by the Town shall be executed by the applicant and the
deposit made in the amount set forth in the Fee Schedule. Sums so deposited and
not utilized in the review process shall be returned to the applicant within a reasonable
period of time after the adoption of the last resolution finally disposing of the application
(whether by granting or denial of the application). At the time of such return, and if no
funds are due, at the time of final disposition of the application the Town will provide
an accounting of the expenses charged to the escrow account.
(e) If the review costs are estimated to exceed the amount so deposited and additional fees
are deemed necessary, the applicant shall be notified of the required additional amount
by the Town Engineer and shall add such sum to the escrow account.
(f) If, in the judgement of the Town Engineer, the deposit provided for herein
exceeds the anticipated reasonable review costs, the Town Engineer may adjust the
deposit to reflect the anticipated review cost.
(g) Unexpended escrow funds deposited as part of the Review Fee may be credited
against deposits due for the Inspection Fee, where such is required, upon the filing of an
application for site development or the construction of improvements.
(h) For purposes of determining the amount of escrow the following shall apply:
(i) As part of the application for Preliminary Subdivision or Preliminary Site Plan
Approval, a preliminary estimate of the cost of improvements shall be provided
by the applicant's Licensed Professional Engineer along with the other items
required for a Preliminary Subdivision or Preliminary Site Plan Application as set
forth in the Town of Ithaca Subdivision Regulations and the Town of Ithaca
Zoning Ordinance.
(ii) As part of the application for Final Subdivision or Final Site Plan Approval,
a revised estimate of the cost of improvements shall be provided by the applicant's
Licensed Professional Engineer along with the other items required for final
subdivision application as outlined in the Town of Ithaca Subdivision Regulations
and the Town of Ithaca Zoning Ordinance.
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(iii) In the case of subdivision applications, the terms "cost of improvements",
"improvement cost" or "project cost" shall mean the costs of construction of all
general site improvements (whether on or off the specific site involved) to be
constructed by applicant such as grading, roads, drainage improvements, sewers,
water lines, and other similar items but excluding the cost of dwelling units to be
constructed on the subdivided lots. In the case of site plan applications such terms
shall mean the costs of construction of all site improvements (whether on or off
the specific site involved) including grading, roads, drainage improvements,
sewers, water lines, buildings and any other improvement of any nature
whatsoever to be constructed by applicant. In both cases such terms exclude land
acquisition costs, architects fees, engineering fees and other similar non-
construction costs.
(iv) The estimates provided with the preliminary or final application shall be
considered, along with the other items of application and anticipated review costs,
in determining the amount of review fee escrow.
(v) An estimate of the cost of improvements provided by the applicant and not
by a Licensed Professional Engineer may be accepted when in the judgement of
the Town Engineer, such estimate is reasonably accurate. The Town Engineer
may adjust such estimate and the estimate as so revised by the Town Engineer
shall be the basis of the escrow deposit calculation.
(vi) In no event shall an escrow account be established with less than a $200
deposit, which amount shall be a minimum regardless of the amounts calculated
pursuant to the Fee Schedule.
(i) In the case of clustered subdivision applications, the fees set forth for subdivisions
shall apply.
0) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule
for initial review of the general plan by staff and the Town Board shall be submitted with
the initial application. When the rezoning is referred to the Planning Board for
recommendation, the fee for Site Plan Review -Preliminary Plan shall be paid prior to
any further review of the general plan by the Planning Board and prior to any
recommendation by the Planning Board to the Town Board. If the Town Board approves
an application for rezoning upon recommendation by the Planning Board, and when
specific development is proposed, the fee for Site Plan Review - Final Plan shall be paid
to cover the costs of further review by staff and the Planning Board.
(k) In the case of applications for Special Approval, a basic fee as set forth in the Fee
Schedule for initial review of the general plan by staff and the Zoning Board of Appeals
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shall be submitted with the initial application. If the application is referred to the
Planning Board for recommendation, the fee required for Site Plan Review-Preliminary
Plan shall be paid prior to any further review of the general plan by the Planning Board
and prior to any recommendation by the Planning Board to the Zoning Board of Appeals.
If the Zoning Board of Appeals approves an application for Special Approval upon
recommendation by the Planning Board, and when specific development is proposed
requiring further review, the fee for Site Plan Review - Final Plan shall be paid to cover
the costs of further review by staff and the Planning Board. If the application is not
referred to the Planning Board, the basic fee shall be paid without any further fees for
site plan review.
5. SEOR-Related Fees.
(a) In addition to the fees required as stated in the Fee Schedule, the fees for review
or preparation of an Environmental Impact Statement involving an application for
approval or 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 or preparation of such impact statement, but in no event shall the fees be greater
than that established in 6 NYCRR 617.17. The Town Supervisor, Building Inspector,
Planner, or 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.
6. Inspection Fees.
(a) In addition to the fees provided for herein, where the inspection of on- or off-site
improvements or development is required, the applicant shall reimburse the Town for the
actual cost to the Town of all engineering, planning, highway inspection, legal,
consulting, clerical and other expenses incurred by the Town during the process of
inspection and review of the completion of site improvements and the fulfillment of any
requirements of any regulation or resolution pertaining to development projects which
have been granted Final Subdivision or Site Plan Approval. The costs so incurred shall
be determined by the Town and billed to the applicant. The basis for calculating such
costs shall be the same as set forth above with reference to Review Fees.
(b) An escrow agreement providing for the deposit of the amounts set forth in the Fee
Schedule in the form directed by the Town shall be executed by the applicant and the
deposit made in the amount set forth in the Fee Schedule to cover the cost of inspections
and compliance review incurred
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(i) after final approvals have been given,
(ii) in the course of building permit issuance,
(iii) during the course of construction of any improvements including buildings,
roads, and other improvements, and
(iv) during the course of issuing any certificates of compliance or occupancy.
(c) Along with any application for final approval of site improvement and development
construction plans where such final approval of such plans is required, an estimate of the
cost of improvements shall be provided by the applicant's Licensed Professional Engineer
in similar manner as the estimate is provided for the escrow for the review fees. This
estimate shall be used along with the other items included in the application and in the
prior review process in determining the amount of inspection escrow. The developer
shall make the required inspection escrow deposit prior to any final approval of said site
improvement and development construction plans and prior to the commencement of
construction of any of such improvements.
(d) All of the provisions regarding escrow accounts for Review Fees shall be applicable
to the escrow accounts for Inspection Fees including authority to the Town Engineer to
waive the requirement that the cost of improvements be prepared by a Licensed Engineer,
and to increase or decrease the required escrow amount, the definitions of costs of
improvements, and the $200 minimum deposit.
(e) The inspection fee shall in no case be less than $100.
(f) The inspection fee may be included as a portion of a letter of credit or performance
guarantee, where applicable.
(g) Where applicable or where required, no final acceptance of proposed public
improvements, and no final approval of site construction or site improvements shall be
made and no Certificates or Occupancy shall be issued until all Inspection Fees have been
paid or fully escrowed.
(h) The Town shall return any balance of the deposit to the applicant upon final
acceptance of proposed public improvements and/or final acceptance of subject site
improvements together with an account of all expenses charged to the escrow fund.
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TOWN OF ITHACA
SCHEDULE OF APPLICATION AND REVIEW FEES
ESCROW FOR:
Approved by Town Board Application/
12 - Mar - 90 Review Review Inspection
SUBDIVISION REVIEW:
Initial Application Fee:
1 to 4 New Lots/Units $ 50
5 to 10 New Lots/Units $ 75
More than 10 New Lots/Units $100 Plus, $ 1
Per Lot
Preliminary Plat:
1 to 10 New Lots/Units $ 50 plus, $10
(Without Roads or Public Utilities) Per Lot/Unit
All Others $ 10 0 Plus 0 . 5 % of
Actual Cost of e s t i m a t e d
Review imprv. cost
Final Plat:
1 to 10 New Lots/Units $ 50 Plus,
(Without Roads or Public Utilities) $ 10 P e r
Lot/Unit
All Others $ 10 0 Plus 0 . 5 % of
Actual Cost of e s t i m a t e d
Review imprv. cost
Inspection: Actual Cost of 0 . 5 % o f
Insp. estimated
imprv. cost
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ESCROW FOR:
Application/
Review Review Inspection
Plats/Replats whose sole purpose is
to dedicate land for public use: No Charge No Charge No Charge
Plat Reaffirmations: $ 50 Plus,
$ 5 Per
Lot/Unit
SITE PLAN REVIEW:
Initial Application Fee: $ 70
Preliminary Plan:
Non-Residential $ 10 0 Plus 0 . 1 % of
Actual Cost of e s t i m a t e d
Review project cost,
excluding land
Residential $ 10 0 Plus $ 25 P e r
Actual Cost of Dwelling Unit
Review
Final Plan:
Non-Residential $ 50 Plus 0 . 1 % o f
Actual Cost of e s t i m a t e d
Review project cost,
excluding land
Residential $ 50 Plus $ 25 Per
Actual Cost of Dwelling Unit
Review
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ESCROW FOR:
Application/
Review Review Inspection
Inspection: Actual Cost of 0 . 0 5 % o f
Non-Residential Inspection e s t i m a t e d
project cost,
excl. land
Residential Actual Cost of $ 25 P e r
Inspection Dwelling Unit
ZONING AMENDMENT/
REZONING: $ 170 Plus Pertinent Site Plan Review Fees
SPECIAL APPROVALS: $ 100 Plus Pertinent Site Plan Review Fees
ZONING APPEALS:
Area & Use Variances: $ 80
ADDITIONAL MEETING FEE:
(In the event of more than 1 meeting
or public hearing per application)
Agenda Processing: $ 30
Public Hearing Processing: $ 50
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TOWN OF ITHACA
ZONING ORDINANCE
AND
CERTAIN RELATED LOCAL LAWS
As of March 20, 1991
(Accompanied by Appendix of Certain Local
Laws as enacted through January 9, 1990)
TOWN OF ITHACA
ZONING ORDINANCE AND CERTAIN RELATED LOCAL LAWS
TABLE OF CONTENTS
ARTICLEI.......................................................................... 1
SECTION 1. Definitions................................................ 1
ARTICLE II ESTABLISHMENT OF DISTRICTS........................ 9
SECTION 2. Districts................................................... 9
SECTION 3. District Boundaries...................................... 10
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.... 12
SECTION 3E. Special Requirements................................. 12
SECTION 3F. Site Plan Approvals................................... 13
ARTICLE III RESIDENCE DISTRICTS R9................................ 15
SECTION 4. Use Regulations........................................ 15
SECTION 5. Accessory Uses......................................... 17
SECTION 6. Accessory Buildings................................... 18
SECTION 7. Yard Regulations....................................... 18
SECTION 8. Building Coverage..................................... 18
SECTION 9. Size and Area of Lot.................................. 18
SECTION 10. Special Properties...................................... 19
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...................................... 22
SECTION 15. Building Coverage..................................... 23
SECTION 16. Size of Lot.............................................. 23
SECTION 17. Special Properties...................................... 23
ARTICLE V RESIDENCE DISTRICTS R30............................... 24
SECTION 18. Use Regulations........................................ 24
SECTION 19. Accessory Uses........................................ 26
SECTION 20. Accessory Buildings................................... 27
SECTION 21. Yard Regulations...................................... 27
SECTION 22. Building Coverage..................................... 27
SECTION 23. Size of Lot.............................................. 27
SECTION 24. Special Properties...................................... 28
ARTICLE VI MULTIPLE RESIDENCE DISTRICTS..................... 29
SECTION 25. Location................................................. 29
SECTION 26. Use Regulations........................................ 29
SECTION 27. Accessory Uses........................................ 29
SECTION 28. Area,Yard,Coverage & Height Requirements..... 30
SECTION 29. Special Requirements................................. 30
SECTION 30. Site Plan Approvals................................... 31
ARTICLE VII BUSINESS DISTRICTS....................................... 32
SECTION 31. Location of Districts.................................. 32
SECTION 32. Business Districts "A"................................ 32
SECTION 33. Business Districts "B................................... 32
SECTION 34. Business Districts "C.................................. 33
SECTION 35. Business Districts "D.................................. 34
SECTION 35A. Business Districts "E................................ 34
SECTION 36. Permitted Accessory Uses............................ 34
SECTION 37. Area, Yard, and Height Requirements............. 34
SECTION 38. Special Requirements................................. 35
SECTION 39. Site Plan Approvals................................... 36
ARTICLE VIII LIGHT INDUSTRIAL DISTRICTS........................ 37
SECTION 40. Location................................................. 37
SECTION 41. Permitted Principal Uses............................. 37
SECTION 42. Performance Standards................................ 37
SECTION 43. Accessory Uses........................................ 38
SECTION 44. Area, Yard,Coverage & Height Requirements.... 38
SECTION 45. Special Requirements................................. 39
SECTION 45-a. Site Plan Approvals................................... 39
ARTICLE IX SITE PLAN APPROVAL..................................... 40
SECTION 46. Procedure............................................... 40
SECTION 46-a. Site Plan Requirements............................... 41
ARTICLE X INDUSTRIAL PRODUCTS................................... 43
SECTION 47. Use Regulations........................................ 43
SECTION 48. Performance Standards................................ 43
SECTION 49. Yard Regulations...................................... 43
SECTION 50. Special Requirements................................. 43
SECTION 50-a. Site Plan Approvals................................... 44
ARTICLE XI AGRICULTURAL DISTRICTS.............................. 45
SECTION 51. Use Regulations........................................ 45
SECTION 51A. Radio Transmission Towers........................ 45
ARTICLE XII NON-CONFORMING USES................................ 49
SECTION 52. Continuation of Existing Lawful Uses.............. 49
SECTION 53. Abandonment of Use.................................. 49
SECTION 54. Alterations.............................................. 49
SECTION 55. Changes................................................. 49
SECTION 56. Restoration.............................................. 49
SECTION 56A. Amortization of Certain Non-Conforming Uses 50
ARTICLE XIII GENERAL PROVISIONS.................................... 52
SECTION 57. Existing Lots........................................... 52
SECTION 58. Building Floor Area................................... 52
SECTION 59. Trailers.................................................. 52
SECTION 59A. Dish Antennae........................................ 52
SECTION 60. Junk or Salvage Yards................................ 53
SECTION 61. Front Yard Transition................................. 54
SECTION 62. Side Yard on Corner Lot............................. 54
SECTION 63. Side and Rear Yard Transition...................... 54
SECTION 64. Porches and Carports................................. 54
SECTION 65. Fences and Walls...................................... 54
SECTION 66. Projections in Yards................................... 54
SECTION 67. Reduction of Lot Area................................ 54
SECTION 68. More than One Building on a Lot................... 55
SECTION 69. Parking Facilities...................................... 55
SECTION 70. Extraction of Natural Products...................... 55
SECTION 71. Public Garages & Gasoline Sales Stations......... 57
SECTION 72. Approval of County Health Department........... 57
SECTION 73. Abandoned Cellar Holes and Buildings............ 57
ARTICLE XIV ADMINISTRATION.......................................... 58
SECTION 74. Enforcement............................................ 58
SECTION 74E. Applications for Approvals, Remedies or Relief 58
SECTION 75. Permit to Build......................................... 58
SECTION 76. Certificate of Occupancy............................. 60
SECTION 77. Board of Appeals...................................... 60
SECTION 78. Planning Board Recommendations.................. 62
SECTION 79. Violations and Penalties.............................. 63
SECTION 80. Amendments............................................ 63
SECTION 81. Validity.................................................. 63
SECTION 82. When Effective......................................... 63
SECTION 83. Existing Zoning Ordinance Amended, Re-Adopted and
Re-Enacted.............................................. 63
SECTION 84. Fees...................................................... 64
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 of Purpose................... 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......................... 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 rezoning from Residential 15 to Multiple
Residence District the same parcel of land, 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)-38 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
Dr. 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 MARCH 20, 1991
(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 only one point and not
uniformly throughout the lot's entire width.
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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. When the measurement of height from the lowest interior grade is made
from the floor of a cellar the maximum permissible height from lowest interior grade
shall be increased by four feet. This permitted increase shall not apply when the
measurement is from any other floor, including a basement floor, slab or other floor.
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.
4-e. A "basement" is that space of a building that is partly below grade which has more than
half of its height, measured from floor to ceiling, above the average finished grade of the
ground adjoining the building.
4-f. A "cellar" is that space of a building that is partly or entirely below grade, which has
more than half of its height, measured from floor to ceiling, below the average finished
grade of the ground adjoining the building.
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 enumerated in paragraph (f)
herein.
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(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 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.
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(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.
(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.
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6. A "dwelling" is a building designed or used exclusively as the living quarters for one or
more families.
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, furnished with meals and nursing care for hire, except
persons who are mentally ill, mentally deficient, drug addicts or alcoholic patients.
17. A "front yard" is the open space between the street right of way line and the front 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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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.
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
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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.
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.
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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 H
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]
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SECTION 3. District Boundaries. Where uncertainty exists with respect to the exact boundaries
of the various districts as shown on the Zone Map, the following rules shall apply.
1. The district boundaries are lot lines unless otherwise shown, and where the designation
on the Zone Map indicates a boundary 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.
In a mobile home park, there shall be no more than one dwelling unit maintained in each mobile
home. In addition, each dwelling unit may be occupied by not more than
(a) one family, or
(b) one family plus no more than two boarders, roomers, lodgers, or
other occupants.
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 by the Board of Appeals shall be taken until the
Planning Board has reviewed at least a preliminary site plan and approved same. If the
Zoning Board of Appeals approves same, and if only a preliminary site plan was
approved by the Planning Board, the matter shall be returned to the Planning Board for
final site plan approval. The site plan approval process shall be as set forth in Article IX.
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No building permit shall be issued unless the proposed structure is in accordance with the
final site approved by the Planning Board.
SECTION 31). 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 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
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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, 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 (Number 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
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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. The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial or private school, nursery
school, daycare center, fraternity or sorority houses, and any institution of higher
learning including dormitory accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
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(e) Golf course except a driving range, or miniature golf course.
(f) 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.
(g) Nursing or convalescent home, or medical clinic.
(h) The application for approval of any of the foregoing uses shall be referred to
the Planning Board and no final action by the Board of Appeals shall be taken
until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan approval
process shall be as set forth in Article IX. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by
the Planning Board.
4. 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.
5. Any municipal or public utility purpose 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.
6. Rooming houses, tourist houses, but only on special approval of the Board of Appeals.
7. Cemetery and the buildings and structures incident thereto, but only upon special approval
of the Board of Appeals.
8. 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.
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9. 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 the special
approval of the Board of Appeals.
10. Signs, as regulated by the Town of Ithaca Sign Law.
11. 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.
12. Day care homes and group day care facilities.
13. Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
SECTION 5. 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.
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.
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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.
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.
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
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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,
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. The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial and private schools, daycare
center, nursery school, and any institution of higher learning including dormitory
accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
(e) Golf course, except a driving range, or miniature golf course.
(f) The application for approval for any of the foregoing uses shall be referred
to the Planning Board and no final action by the Board of Appeals shall be taken
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until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan approval
process shall be as set forth in Article IX. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by
the Planning Board.
4. 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.
5. Signs, as regulated by the Town of Ithaca Sign Law.
6. 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.
7. Day care homes and group day care facilities.
8. 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.
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.
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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 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 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.
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.
Special yard requirements for specific uses as established by Section 11 are required.
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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 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. The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial and private schools, daycare
center, nursery school, and any institution of higher learning including dormitory
accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
(e) Golf course, except a driving range or miniature golf course.
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(f) Hospital, provided that no building so used shall be within 100 feet from any
street or within 150 feet of the lot line of any adjoining owner.
(g) Nursing or convalescent home, or medical clinics.
(h) The application for approval of any of the foregoing uses shall be referred to
the Planning Board and no final action by the Board of Appeals shall be taken
until the Planning Board has reviewed at least a preliminary site plan and
approved same. If the Zoning Board of Appeals approves same, and if only a
preliminary site plan was approved by the Planning Board, the matter shall be
returned to the Planning Board for final site plan approval. The site plan approval
process shall be as set forth in Article IX. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by
the Planning Board.
4. 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.
5. 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.
6. Cemetery and the buildings and structures incident thereto, but only upon special approval
of the Board of Appeals.
7. 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.
8. 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.
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9. Signs, as regulated by the Town of Ithaca Sign Law.
10. 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.
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 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.
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
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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.
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.
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, may be
15 feet from a side line which is not a street line.
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
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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 only along the exterior public
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.
5. Group family day care home upon the special approval of the 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 submitted its report or has failed to so act within 30 days
of receipt of all required information.
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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 per cent 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 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 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 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.
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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.
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 1X.
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ARTICLE VII
BUSINESS DISTRICTS
SECTION 31. Location of Districts. With the approval of the Town Board, Business Districts
"A", "B", "C", "D", and "E" may be established in any district in the Town, except that
Business Districts "C" 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 "B". Permitted uses in a Business District "B" 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
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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
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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 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",
"B", "C", "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.
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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.
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 building: 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_alla: 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
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highway authority. Where density of population 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 "C" 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 lines of
said businesses.
8. Displays: in Business Districts "A", "B", "C", and "E" no outside displays shall be
permitted.
SECTION 39. Site clan 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 VIH
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 District
Octave Band District Boundaries - 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.
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2. Smoke. The emission of any smoke from any source whatever to a density greater than
the density described as #2 on the Ringlemann Chart is prohibited. The Ringlemann
Chart as published and used by the Bureau of Mines, U.S. Department 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 than 50 feet.
3. Coverage: no principal building shall be erected or altered to cover more than 30 per
cent of the lot area.
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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.
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 IX
SITE PLAN APPROVAL
SECTION 46. Procedure. Before an application is submitted to the Town Board for
establishment of a Multiple Residence, Business "A", "Bit, licit, "Dill 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 such hearing, 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.
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.
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SECTION 46-a. Site Plan Requirements.
1. After a Residence District R5,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, or
whenever a site plan is required by any other provision of this ordinance, 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.
3. Upon submission of a final site plan, the Planning Board shall approve or disapprove the
final site plan. The owner shall be bound by the final site plan as approved by the
Planning Board.
4. If at any time subsequent to the approval of the final site plan, the owner shall wish to
change the site plan as approved, an application with the revised site plan prepared in
accordance with the requirements of this ordinance shall be submitted to the Planning
Board for the Planning Board's approval. In reviewing such application for a modified
site plan the Planning Board shall have all of the powers it has with respect to reviewing
an original application for site plan approval. Notwithstanding the foregoing, if the
modification involves
(a) construction or alteration of less than 1,000 square feet of enclosed space
whether on one or more stories; and
(b) construction or relocation of less than 3 parking spaces; and
(c) construction, repairs, alterations, or renovations affecting the exterior of a
building or the site, (exterior work is anticipated to cost less than $10,000.00),
and
(d) enlargement of an existing building that involves an increase of square
footage of less than 10% of the existing square footage of the existing building;
and
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(e) does not alter proposed traffic flows and access; and
(f) does not directly violate any express conditions imposed by the Planning
Board in granting prior site plan approval,
or if the modification involves
(a) a movement or shift of a location of one or more buildings not more than two
feet in any direction from the location shown on the final site plan; and
(b) such shift does not alter proposed traffic flows or access; and
(c) such shift does not directly violate any express conditions (including, without
limitation,buffer zones, setbacks, etc.)imposed by the Planning Board in granting
prior site plan approval,
then such modification may be made without requiring approval of the modified site plan
by the Planning Board. This waiver of the requirement of Planning Board approval is
not intended to permit construction in violation of any other provision of the Zoning
Ordinance including setback, side yard, and similar regulations, or the requirement to
obtain a building permit in those circumstances when otherwise required by the terms of
this ordinance.
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3/20/91
ARTICLE X
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
effect-ve date of this ordinance stall be so altered or modified as to conflict with the performance
standards governing noise established herein.
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:
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