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HomeMy WebLinkAbout1993 Zoning Ordinance OF rr 18 21� �' IV TOWN OF ITHACA ZONING ORDINANCE AND CERTAIN RELATED LOCAL LAWS As of January 27, 1993 (Accompanied b Appendix of Certain Local p y an �p Laws as enacted through January 27, 1993) " f, a G TOWN OF ITHACA i ZONING ORDINANCE AND CERTAIN RELATED LOCAL LAWS TABLE OF CONTENTS ARTICLE . . . . . . . . . . . . . . . . . . . . 1 SECTION 1. Definitions . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II ESTABLISHMENT OF DISTRICTS. . . . . . . . . . . . . . . 9 " SECTION 2. Districts . . . . . . . . . . . . . . . . . . . . 9 SECTION 3. District Boundaries . . . . . . . . . . . . . . . . . . . . to SECTION 3.5. Prohibition of Uses . . . . . . . . . . . . . . . 10 r. , ARTICLE II-A RESIDENCE DISTRICTS R5. . . . . . . . . . . . . . . 11 SECTION 3A. Location . . . . . . . . . . . . 11 SECTION 3B. Use Regulations . . . . . . . . . . . . . . . . . . . . 11 SECTION 3C. Accessory Uses 11 j 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 . . . . . . . . . . . . . . . . . . . . 19 t SECTION 10. Special Properties . . . . . . . . . . . . . . . 19 t r ARTICLE IV RESIDENCE DISTRICTS R15. . . . . . . . . . . . . . 20 r SECTION I I. Use Regulations . . . . . . . . . . . . . . . . . . . . 20 SECTION 12. Accessory Uses . . . . . . . . . . . . . . . . . . . . 21 SECTION 13. Accessory Buildings . . . . . . . . . . . . . . . . . . . . 22 j, SECTION 14. Yard Regulations . . . . . . . . . . . . . . . . . . . . 22 SECTION 15. Building Coverage . . . . . . . . . . . . . . . . . . . . 23 SECTION 16. Size of Lot . . . . . . . . . . . . . . . . . . . . 23 SECTION 17. Special Properties . . . . . . . . . . . . . . . . . . . . 23 r' ARTICLE V RESIDENCE DISTRICTS R30. . . . . . . . . . . . . . 24 g . . . . . . . . . . . . . . . . . . . .SECTION 18. Use Regulations 24 , l/ SECTION 19. Accessory Uses . . . . . . . . . . . . . . . . . . . . 26 �j SECTION 20. Accessory Buildings . . . . . . . . . . . . . . . . . . . . 27 SECTION 21. 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TOWN;OF{ITH��CA , F11 ZONING ORDINANCE ,, U i' w AND e CERTAIN RELATED LOCAL LAWS r f f As of Jinua I1 i9g3 t,.. (Accompaniod by an.Appendix of Certain Local:-" i ;aws:as enacted through"January.-27, 1993) l I L 1 SECTION 50. Special Requirements. . . . . . . . . . . . . . . . . . . . 50 SECTION 50-a. Site Plan Approvals . . . . . . . . . . . . . . . . . . . 51 ARTICLE XI AGRICULTURAL DISTRICTS . . . . . . . . . . . . . 52 SECTION 51. Use Regulations . . . . . . . . . . . . . . . . . . . . 52 SECTION 51A. Radio Transmission Towers . . . . . . . . . . . . . . 52 ARTICLE XII NON-CONFORMING USES . . . . . . . . . . . . . . . 56 SECTION 52. Continuation of Existing Lawful Uses . . . . . . . . . 56 SECTION 53. Abandonment of Use. . . . . . . . . . . . . . . . . . . . 56 SECTION 54. Alterations . . . . . . . . . . . . . . . . . . . . 56 SECTION 55. Changes . . . . . . . . . . . . . . . . . . . . 56 SECTION 56. Restoration . . . . . . . . . . . . . . . . . . . . 56 SECTION 56A. Amortization of Certain Non-Conforming Uses. . . 57 ARTICLE XIII GENERAL PROVISIONS. . . . . . . . . . . . . . . . . 59 SECTION 57. Existing Lots . . . . . . . . . . . . . . . . . . . . 59 SECTION 58. Building Floor Area . . . . . . . . . . . . . . . . . . . . 59 SECTION 59. Trailers . . . . . . . . . . . . . . . . . . . . 59 SECTION 59A. Dish Antennae . . . . . . . . . . . . . . . 59 SECTION 60. Junk or Salvage Yards . . . . . . . . . . . . . . . . . . 60 SECTION 61. Front Yard Transition . . . . . . . . . . . . . . . . . . . 61 SECTION 62. Side Yard on Comer Lot . . . . . . . . . . . . . . . . . 61 SECTION 63. Side and Rear Yard Transition. . . . . . . . . . . . . . 61 SECTION 64. Porches and Carports . . . . . . . . . . . . . . . . . . . 61 SECTION 65. Fences and Walls . . . . . . . . . . . . . . . . . . . . 61 SECTION 66. Projections in Yards . . . . . . . . . . . . . . . . . . . . 61 SECTION 67. Reduction of Lot Area . . . . . . . . . . . . . . . . . . 61 SECTION 68. More than One Building on a Lot . . . . . . . . . . . 62 SECTION 69. Parking Facilities . . . . . . . . . . . . . . . . . . . . 62 SECTION 70. Extraction or Deposit of Fill and Related Products. . . 62 SECTION 71. Public Garages & Gasoline Sales Stations. . . . . . . 65 SECTION 72. Approval of County Health Department . . . . . . . . 65 SECTION 73. Abandoned Cellar Holes and Buildings. . . . . . . . . 66 ARTICLE XIV ADMINISTRATION. . . . . . . . . . . . . . . . . . . . 67 SECTION 74. Enforcement . . . . . . . . . . . . . . . . . . . . 67 SECTION 74E. Applications for Approvals, Remedies or Relief . . 67 SECTION 75. Permit to Build . . . . . . . . . . . . . . . . . . . . 67 SECTION 76. Certificate of Occupancy . . . . . . . . . . . . . . . . . 69 SECTION 76-A. Fees for Use Permits, Operating Permits and Inspections . . . . . . . . . . . . . . . . . . . . 69 SECTION 77. Board of Appeals . . . . . . . . . . . . . . . . . . . . 70 SECTION 78. Planning Board Recommendations. . . . . . . . . . . . 73 SECTION 78-A. Posting of Notices. . . . . . . . . . . . . . . . . . . . 74 SECTION 79. Violations and Penalties. . . . . . . . . . . . . . . . . . 75 SECTION 80. Amendments . . . . . . . . . . . . . . . . . . . . 75 SECTION 81. Validity . . . . . . . . . . . . . . . . . . . . 75 SECTION 82. When Effective . . . . . . . . . . . . . . . . . . . . 76 SECTION 83. Existing Zoning Ordinance Amended, Re-Adopted and Re-Enacted . . . . . . . . . . . . . . . . . . . . 76 SECTION 84. Fees . . . . . . . . . . . . . . . . . . . . 76 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 1.1 Findings. . . . . . . . . . . . . . . . . . . A-1 1.2 Statement of Purpose . . . . . . . . . . . A-1 1.3 Objectives. . . . . . . . . . . . . . . . . . A-2 SECTION 2.0 Definitions A-2 SECTION 3.0 General Provisions . . . . . . . . . . . . . . . . . A-6 3.1 Lands to which this Local Law Applies. . . . . . . . . . . . . . . . . . . . A-6 3.2 Basis for Establishing the Areas of Special Flood Hazard . . . . . . . . . A-6 3.3 Interpretation, Conflict with other Laws . . . . . . . . . . . . . . . . . A-6 3.4 Severability . . . . . . . . . . . . . . . . . A-7 3.5 Penalties for Non-Compliance. . . . . . A-7 3.6 Warning and Disclaimer of Liability. . A-7 SECTION 4.0 Administration. . . . . . . . . . . . . . . . . . . . A-8 4.1 Requirement for Development Permit . A-8 4.2-1 Development Permit Application . . . . A-8 4.2-2 Duties of Owner. . . . . . . . . . . . . . A-9 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-10 4.3-3 Information to be Obtained and Maintained . . . . . . . . . . . . . . . . . A-10 4.3-4 Alteration of Watercourses. . . . . . . . A-11 4.3-5 Interpretation of Firm Boundaries . . . A-11 4.3-6 Stop Work Orders. . . . . . . . . . . . . A-11 4.3-7 Inspections . . . . . . . . . . . . . . . . . A-12 4.3-8 Certificate of Compliance . . . . . . . . A-12 SECTION 5.0 Provisions for Flood Hazard Reduction. . . . . . . A-12 5.1 General Standards . . . . . . . . . . . . . A-12 5.1-1 Anchoring. . . . . . . . . . . . . . . . . . A-13 5.1-2 Construction Materials and Methods. . A-13 5.1-3 Utilities . . . . . . . . . . . . . . . . . . . A-13 5.1-4 Subdivision Proposals. . . . . . . . . . . A-14 5.1-5 Encroachments. . . . . . . . . . . . . . . A-14 5.2 Specific Standards. . . . . . . . . . . . . A-15 5.2-1 Residential Construction . . . . . . . . . A-15 5.2-2 Nonresidential Construction. . . . . . . A-15 5.3 Floodways. . . . . . . . . . . . . . . . . . A-16 SECTION 6.0 Variance Procedure. . . . . . . . . . . . . . . A-16 6.1 Appeals Board . . . . . . . . . . . . . . . A-16 6.2 Conditions for Variances. . . . . . . . . A-18 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-20 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-27 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-32 Local Law No. 2 - 1984 - Adding to the list of permissible districts which may be designated as Special Land Use District (Limited Mixed Use) . . . . . . . . . . . . . . . . . . . . A-36 Local Law No. 3 - 1984 - Relating to the Walter J. and Joyce Y. Wiggins La Tourelle development on Ithaca-Danby Road (Route 96b). . . . A-38 Local Law No. 4 - 1984 - Relating to Rocco Lucente - Sapsucker Woods Road subdivision to permit conversion of 14 dwelling units . . . . . A-43 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-48 Local Law No. 1 - 1987 - Providing a Special Land Use District (limited mixed use) at the former Cornell University Statler West Complex . . . . . . . . . . . . . . . . . . . . A-53 Local Law No. 6 - 1987 - Rezoning a portion of land at 136-146 Seven Mile Drive from R-30 (residential district) to R-5 (mobile home park district) . . . . . . . . . . . . . . . . . . . . A-56 Local Law No. 10 - 1987 - Rezoning the former Oddfellows Carriage House from residence district R-30 to multiple residence district A-62 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-65 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-69 Local Law No. 15 - 1992 - Rezoning a portion of land along King Road from Residence District R-30 to Residence District R-15. . . . . . . . A-76 Local Law No. 22 - 1992 - Rezoning the former Chase Pond premises on King Road East from Multiple Residence District to Residence Districts R15 and R30 . . . . A-78 ZONING ORDINANCE OF THE TOWN OF ITHACA, NEW YORK RE-ADOPTED, AMENDED AND REVISED AS OF JANUARY 27, 1993 (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. Zoning Or.],wp511zon,1177193 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 kc Two unrelated persons, occupying a single dwelling unit, living and cooking 11 _ e 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. 2 Zoning Or.],wpSllzon,1127193 (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. 3 Zoning Or.2,wp511zon,1/27193 (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". S-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. 4 Zoning Or.1,wp5llzon,1127193 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. 5 Zoning Or.],wpSlUon,1/77/93 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 6 Zoning Or.],%pSllzon,1127193 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. 7 Zoning Or.],wpSllzon,1127193 40. A "day care home" is a facility, home, or other establishment, other than a school, at which day care is provided for hire for up to three children under the age of sixteen years. 41. A "group day care facility" is a facility, home, or other establishment licensed by the New York State Department of Social Services or certified by the Tompkins County Department of Social Services, other than a school, at which day care is provided for hire for more than three, but no more than eight, children under the age of sixteen years. 42. A "group family day care home" shall have the definition set forth in Section 390 of the Social Services Law of the State of New York, Subdivision 13(a) and shall be licensed by the New York State Department of Social Services, or certified by the Tompkins County Department of Social Services. 43. A "day care center" is a facility, home, or other establishment licensed by the New York State Department of Social Services or certified by the Tompkins County Department of Social Services, at which day care is provided for hire, and which is not a school, day care home, group day care facility, or group family day care home. Zoning Or.],wpSl lzon,1/7 7193 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.] 9 Zoning Or.l,wpSllzon,U27193 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. SECTION 3.5. Prohibition of Uses. All uses not specifically set forth as permitted uses in a zoning district are expressly prohibited as uses in that zoning district. A use specifically permitted in one zoning district is not permitted in any other zoning district, less restrictive or otherwise, unless specifically enumerated as a permitted use in such other zoning district. 10 Zoning Or.],wpSllzon,1127193 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 311. 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. 2r 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 11 Zoning Or.],wp511zon,1/27193 IX. No building permit shall be issued unless the proposed structure is in accordance with the final site approved by the Planning Board. SECTION 3D. Area, Yard, Coverage and Height requirements shall be as follows: 1. Area: A minimum tract of fifteen (15) acres is required for the development of a Residence District R5. 2. Lot Size: Each mobile home lot shall have a minimum gross area of 5,000 square feet. The arrangement of lots in the 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 12 Zoning Or.1,xpSllzon,1127193 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 (No. of Units)$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 13 Zoning Or.1,wpSllzon,1127193 Town Board, following Planning Board review. No alteration, amendment or change in a trailer park site plan is permitted without approval of the Planning Board. 14 Zoning Or.],wp51 Izon,1127193 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. 15 Zoning Or.],wp51lwn,1177193 (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) 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 8. 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. V. 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 16 Zoning Or.1,wp511zon,1127193 manner as to permit safe access and egress for automobiles, and parking off the highway right of way. 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. 17 Zoning Or.1,wpS11zon,1127193 4. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such building may not be continued for more than one year except upon special approval of the Board of Appeals. 5. Accessory buildings subject to provisions of Section 6. 6. The keeping of domestic animals or fowl in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner, and further provided that there shall be no raising of fur-bearing animals, keeping of horses for hire, or kennels for more than three dogs over 6 months old. 7. Signs, as regulated by the Town of Ithaca Sign Law. SECTION 6. Accessory Buildings. In Residence Districts R9 accessory buildings other than garages may not occupy any open space other than a rear yard. Any accessory building may occupy not more than 40 percent of any required rear yard and shall be not less than three feet from any side or rear lot line, except that a private garage may be built across a common lot line with a party wall by mutual agreement between adjoining property owners. An accessory building on a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings shall in no case exceed 15 feet in height. Where the average natural slope of a lot exceeds 8 per cent rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than 5 feet from said street line upon special approval of the Board of Appeals. 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 nffn� ....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. 18 zoning Or.1,wp51Izon,1127193 Projections described in Section 66 are not to be included in computing the percentage. SECTION 9. Size and Area of Lot. Lot sizes and areas in Residence Districts R9 shall meet the following minimum requirements: 1. Minimum lot area shall be at least 9,000 square feet; and 2. Minimum width at the street line shall be 60 feet; and 3. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 75 feet; and 4. Minimum depth shall be 120 feet. SECTION 10. Special Properties. In the case of publicly owned properties, properties of universities, colleges, cemeteries, or other private institutions, located in Residence Districts R9, 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. 19 Zoning Or.I.wpSllzon,1127193 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. 20 Zoning Or.],wp511mn,1127193 (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 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. 21 Zoning Or.].wpSllzon,1127193 4. Accessory building subject to provisions of Section 13. 5. A customary home occupation, such as dressmaking, hair dressing, laundering, home cooking; carpentry, electrical, and plumbing work or similar manual or mechanical trade; operated solely by a resident of the dwelling, provided that no additional persons not residing on the premises may be employed therein and that no goods or products are publicly displayed or advertised for sale, that there be no outside storage, and that no noise,dust, disorder,or objectionable odor is experienced beyond the immediate property where such use is conducted. The above mechanical trades to be conducted in the basement of the dwelling or in a garage area not to exceed 200 square feet. 6. The keeping of household pets and family gardens. 7. The keeping of one horse if 2 acres of land are provided and one additional horse for each additional acre, but not more than a total of three horses. 8. Signs, as regulated by the Town of Ithaca Sign Law. SECTION 13. Accessory Buildings. In Residence Districts R15 accessory buildings other than garage may not occupy any open space other than a rear yard. Any accessory building may occupy not more than 40 percent of any required rear yard and shall be not less than 3 feet from any side or rear lot line, except that a private garage may be built across a common lot line with a party 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 a`^v 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. 22 Zoning Or.1,wpSllzon,1127193 Special yard requirements for specific uses as established by Section 11 are required. SECTION 15. Building Coverage. No building or buildings on a lot, including accessory buildings, shall be erected, altered, or extended to cover more than 20 per cent of the lot area. Projections described in Section 66 are not to be included in computing the percentage. SECTION 16. Size of Lot. Lots in Residence Districts R15 shall meet the following minimum requirements: 1. Minimum lot area shall be at least 15,000 square feet; and 2. Minimum width at the street line shall be 60 feet; and 3. Minimum width at the maximum front yard setback line (50 feet from the street line) shall be 100 feet; and 4. Minimum depth shall be 150 feet. SECTION 17. Special Properties. In the case of publicly owned properties, properties of universities, colleges, cemeteries, or other private institutions, located in Residence Districts R15., which comprise at least 6 acres in area and are traversed by interior roads or driveways, the-;front and side yard requirements of Section 14 shall apply only along the exterior public street frontages and there shall be no rear yard requirements. 23 Zoning Or.],wp511zon,1127193 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. 24 Zoning Or.1,wp511zon,1127193 (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 7. 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. 25 Zoning Or.1,wpSllzon,1/27193 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 26 Zoning Or.],wpSl izon,1127193 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. 511 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 27 Zoning Or.1,wpSllzon,1127193 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. 28 Zoning Or.1,xpSllzon,1127193 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, roamers, 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. 29 Zoning Or.],xpS1 Lzon,1127193 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- Pnrlkina- One garage or lot r�arldnn sp ne A-11 I n ... ,t F t ��T1... 11.__ TT_:,It --�• bw..gv y...n.a.g sYa..., uucua v�.yt Ci videu lvl ealill l/WG1111% I,J tilt , 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. 30 Zoning Or.],wpSl Uon,1l27193 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 IX. 31 Zoning Or.1,wpSllzon,1127193 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'. 1. Uses permitted in a Business District `A' shall be the following: A. The following uses provided that the interior floor area is 10,000 square feet or less: (i) Business or professional offices (ii) Bank or other financial institution (iii) Bookstore (iv) Drug store (v) Hardware store (vi) Smoke Shop B. The following uses provided that the area on which construction occurs on the land is 10,000 square feet or less, (excluding underground utilities) (i) Utilities 2. The following uses are permitted in a Business District `A' upon receipt of a special approval from the Board of Appeals following a favorable recommendation for same from the Planning Board in accordance with the procedures set forth below: A. Any of the uses set forth in paragraph IA above where the interior floor area for such use exceeds 10,000 square feet. B. The following uses where the construction on the lot exceeds 10,000 square feet of land area (excluding underground utilities): (i) Utilities C. Bank drive-through. D. Package liquor store. 32 Zoning Or.],xp5hzon,1127193 E. Retail food store. SECTION 33. Business Districts `B'. 1. Uses permitted in a Business District `B' shall be the following: A. Any of the uses permitted in Business District `A' that do not require a special approval. B. Any of the following uses provided that the interior floor area is 10,000 square feet or less: (i) Barber (ii) Dry cleaning pick-up station (iii) Florist (iv) Beauty Parlor (v) Hand or coin operated laundry (vi) Nursery (vii) Milliner (viii) Greenhouse (ix) Any other retail stores, except automobile sales agencies (x) Shoe shiner, shoemaker and repairer (xi) Tailor (xii) Telegraph and telephone office 2. The following uses are permitted in a Business District `B' upon receipt of a special approval from the Board of Appeals following a favorable recommendation for same from the Planning Board: A. Any of the uses permitted in Business District `A' upon receipt of a special approval. B. Any of the uses set forth in paragraph 1B above where the interior floor area for such use exceeds 10,000 square feet. C. Public library. D. Any municipal or public utility purpose necessary to the maintenance of utility services involving construction on more than 10,000 square feet of land. E. Fire station or other public building necessary to the protection of or servicing of a neighborhood. 33 Zoning Or.1,wp51 tzon,1127193 SECTION 34. Business Districts `C'. 1. Uses permitted in a Business District `C' shall be the following: A. Any of the uses permitted in Business District `A' or `B' that do not require a special approval. B. Any of the following uses provided that the interior floor area is 10,000 square feet or less: (i) Building supply (ii) Dry cleaner (iii) Dyer (iv) Electrical shop (v) Glass shop (vi) Heating shop (vii) Monument works (viii) Plumbing shop (ix) Printer (x) Appliance sales and service (xi) Arts and crafts studio (xii) Bicycle sale and repair (xiii) Caterer (xiv) Confectioner (xv) Decorator (xvi) Dressmaker (xvii) Furrier (xviii) Optician (xix) Photographer (xx) Refrigeration sale and repair (xxi) Upholsterer C. Hotel or motel of 30 sleeping rooms or less. D. Boat harbor Arid manna E. Ambulance service 2. The following uses are permitted in a Business District `C' upon receipt of a special approval from the Board of Appeals following a favorable recommendation for same from the Planning Board: 34 Zoning Or.],wp51Vzon,1127193 A. Any of the uses permitted in Business Districts `A' or `B' upon receipt of a special approval. B. Any of the uses set forth in paragraph 1B above where the interior floor area for such use exceeds 10,000 square feet. C. Automobile sales agency,provided that the display of automobiles and accessories is conducted entirely within a building. D. Theater, 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 any residence district. E. 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 any residence district. F. Club house 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. G. Undertaker. H. Hotel or motel with more than 30 sleeping rooms. 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. 35 Zoning Or.],wpSllzon,1127193 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 two acres is required for the development of a "business district". 2. Yards: Front Yards Not less than 50 feet Side Yards None required with respect to buildings all on the same lot but not less than 30 feet from any structure to a side property line Rear Yards Not less than 30 feet The foregoing yard requirements may include any required buffer areas and shall not be in addition to any required buffer areas. 3. Building Coverage: No building or buildings on a lot, including accessory buildings, shall be erected, altered or extended to cover more than 30% of the lot area. 4. Minimum Useable Open Space: Minimum useable open space shall be not less than 30% of the lot area. For this purpose `useable open space' shall mean that portion of the lot area not covered by any structure (as defined in Article 1) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. 36 Zoning Or.],wpSl Izon,1127193 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 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 alley: three spaces for each lane. Retail store: one space for each 200 square feet of ground floor plus one space for each 500 feet of sales area on all other floors combined. Hotel, motel: one space for each guest room, which space must be available at night. Skating rink and dance hall: parking spaces equal in number to 20 per cent of the capacity in persons shall be provided. Apartment: one parking space for each dwelling unit. There shall be no parking in any required front, side or rear yard. Parking lots shall be surfaced with black-top, stone or other material that does not produce dust and shall be graded so as to drain properly. If the Planning Board finds that the particular use, nature, and location of the proposed project, utilizing the criteria set forth elsewhere in this Ordinance, requires that parking be to the rear of the principal building on the site, parking shall be so located, 2. Off-street loading: no less than one off-street loading space shall be required for each 20,000 square feet of floor area, including basement. 3. Access and Sidewalks: Access drives shall be paved with black-top, concrete, or other solid material, and, if business is to be carried on in the evening, shall be adequately lighted. No lights shall be placed so as to reflect in an objectionable manner on adjoining residential properties or public streets. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Where density of population or school bus routes make it desirable, sidewalks shall be installed with the approval of the appropriate highway authority. 37 Zoning Or.],wpSllzon,127193 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. 9. Application for Special Approval: Where a use is permitted in this Article in a Business District `A', `B', `C', `D' or `E' upon the obtaining of a special approval, the application Ur such approval for the requested use 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 has approved same. If the Board of Appeals grants the special approval, 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 as set forth below. 38 Zoning Or.],wpSllzon,1127193 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. 39 Zoning Or.],wpSl4on,1127193 ARTICLE VIII LIGHT INDUSTRIAL DISTRICTS SECTION 40. Location. With the approval of the Town Board, a Light Industrial District may be established in any district of the Town except a Residence District R15. SECTION 41. Permitted Principal Uses. The principal uses permitted in a Light Industrial District shall be: industrial uses employing electric power or other motor power, or utilizing hand labor for fabrication or assembly. SECTION 42. Performance Standards. Any use shall be so operated as to comply with the performance standards governing noise, smoke emissions, and odor hereinafter set forth. 1. Noise. At no point on the boundary of a Residence, Multiple Residence or Business District shall the sound pressure level of any individual operation or plant, other than the operation of motor vehicles or other transportation facilities, exceed the decibel levels in the designed octave bands shown below for the districts indicated. Along Residence, Multiple Residence Along Business 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 4ow 3Z 39 Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. 2. Smoke. The emission of any smoke from any source whatever to a density greater than the density described as #2 on the Ringlemann Chart is prohibited. The Ringlemann 40 Zoning Or.1,wp51 izon,1/27193 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. 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. 41 Zoning Or.1,xp511zon,1127193 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 Snnnrn-PtJ nlurevinnt *n *bo F A-L:-I- TV ..t.l+�..� t+ way w Lll� pr V V IaIUI1J Vl Yf1116.JU JA. 42 Zoning Or.],wpS11zon,1127193 ARTICLE IX SITE PLAN APPROVAL SECTION 46. Procedure Related to Establishment of a Zoning District. When an application is submitted to the Town Board for establishment of a Residence District R5, Multiple Residence, Business 'A', 'B% 'C', 'D', and 'E', and any other Special Land Use Districts, the establishment of which may be permitted under this Ordinance, all hereinafter referred to as 'Districts', the applicant shall proceed as follows:" 1. The applicant shall submit a general site plan to the Town Board which shall show (unless one or more items are waived by the Town Board) 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 deemed reasonably necessary by the Town Board for adequate study of the proposed plan. Upon its review of the general site plan, the Town Board may refer the matter to the Planning Board for further review and recommendation. 2. Upon referral of the matter to the Planning Board by the Town Board, 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 45 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 forty-five (45) 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 general site plan as approved and adopted by the Town Board. 43 Zoning Or.],wpSllzon,1/27193 SECTION 46-a. Procedure Related to Special Approvals. In those circumstances where site plan approval by the Planning Board is a pre-condition to the granting of a Special Approval for a use, the applicant shall proceed as follows: 1. The applicant will submit a site plan which shall show (unless one or more items are waived by the Planning Board) property lines, including metes and bounds, adjacent public streets, topography, size and location of existing or proposed structures, and 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 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 forty-five (45) days of the filing of the completed application for the Special Approval with 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 determination within forty-five(45)days after the hearing and forward the same to the Chairman or Clerk of the Board of Appeals. In addition to the site plan determination set forth above,if the Planning Board's recommendation is a,prerequisite to the granting of a special approval, the Planning Board shall make the findings and determinations relative to the special approval(as opposed to those considerations related solely to site plans) in accordance with the provisions set forth elsewhere in this Ordinance including, without limitation, sections 77 and 78 of this Ordinance. 3. The owner and applicant shall be bound by the final site plan as approved by the Planning Board. I SECTION 46-b. Site Plan Requirements. 1. After a Residence District R5, Multiple Residence, Business, bight 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. If the original site plan submitted in connection with the initial creation of the District or the granting of the Special Approval was of sufficient detail and contained sufficient information as to 44 Zoning Or.],wp51tzon,1/77/93 constitute, in the Planning Board's discretion, a final site plan, such original site plan shall suffice. Otherwise, the applicant shall submit a detailed site plan (hereinafter referred to as 'final site plan') in accordance with this Ordinance. This final site plan shall show (unless one or more items are waived by the Planning Board) 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 and shall hold a public hearing on said application for modification of the site plan and shall make its decision on same within the time limits set forth with respect to an original site plan application. Notwithstanding w 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 (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, 45 zoning Or.1,wp511zon,1127193 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. SECTION 46-c. Waiver of Requirements Related to Site Plan. The Town Board in those circumstances where a site plan is required for Town Board review, and the Planning Board in those circumstances where a site plan is provided for Planning Board review, may waive one or more items (e.g., topography) otherwise normally required to be shown on the site plan when the applicable board determines that the circumstances of the application do not require a full site plan for adequate consideration of the applicant's proposal. SECTION 46-d. General Considerations. The Planning Board's review of a general, preliminary, or final site plan shall include as appropriate, but shall not be limited to, the following considerations: 1. Adequacy, arrangement, and location of vehicular access and. circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls. 2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and circulation, control of intersections with vehicular traffic, and appropriate provisions for handicapped persons. 3. Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, signs, open spaces, and outdoor waste disposal facilities. 46 Zoning Or.],wpS11zon,1177193 4. Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the retention of existing vegetation of value to the maximum extent possible. 5. In the case of a residential property, and in the case of other properties where appropriate, the adequacy and utility of open space for playgrounds and for informal recreation. 6. Protection of adjacent properties and the general public against noise, glare, unsightliness, or other objectionable features. 7. Adequacy of storm water, drainage, water supply, and sewage disposal facilities. 8. Adequacy of fire lanes and other emergency provisions. 9. The effect of the proposed development on environmentally sensitive areas including but not limited to wetlands, floodplains, woodlands, steep slopes, and water courses, and on other open space areas of importance to the neighborhood or community. 10. Compliance with the Zoning Ordinance, subdivision regulations, if applicable, and any other applicable laws, rules, requirements, or policies. SECTION 46-e. Other Provisions 1. :;; No building permit shall be issued for a project with an approved final site plan until the applicant has furnished to the Town Engineer an irrevocable letter of credit in an amount to be approved by the Town Engineer. Such letter of credit shall insure that all items on the site plan that may be deemed necessary to provide for adequate traffic flow, utilities, and other infrastructure items are constructed in accordance with the approved final site plan and any other pertinent specifications and requirements. The Planning Board may waive the requirement or may accept other evidence or promise of completion of required facilities for the site plan if, in its discretion, it determines that there is no need for the letter of credit. 2. No final certificate of occupancy or certificate of compliance shall be issued until all improvements shown on the final site plan as approved by the Planning Board are installed or until a sufficient performance guarantee, such as a letter of credit, has been provided to the Town for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Town Engineer after consultation with the Building Inspector or other persons designated by the Planning Board. The Planning Board may waive the requirement for such performance guarantee if, in its discretion, it determines that the guarantee is not needed. 47 Zoning Or.1,xp5I lzon,1127193 3. Unless work has materially commenced in accordance with the final site plan within one year from the issuance of the building permit authorizing such work, or within thirty-six months of the date the Planning Board gave final site plan approval, whichever is earlier, not only the building permit but the site plan approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the granting of any site plan approval. Notwithstanding the foregoing, if final site plan approval was granted prior to July 8, 1991, the time for work to materially commence shall be extended to July 8, 1994 or one year from issuance of a building permit, whichever is earlier. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. For the purposes of this section, work will not have "materially commenced" unless, at a minimum, (i) a building permit, if required, has been obtained; (ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii) substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. 48 Zoning Or.],wpSllzon,1127193 ARTICLE X INDUSTRIAL PRODUCTS SECTION 47. Use Regulations. In Industrial Districts buildings and land may be used for any lawful purpose except as set forth below 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. The following uses are prohibited in an Industrial District: (a) Any dwelling unit. (b) Sales of any products at retail to the general public except as the same may be related to and an incidental by-product of a permitted principal use such as manufacturing. 49 Zoning Or.],xpSllzon,1127193 (c) Restaurants of any nature except for cafeterias or other similar facilities that are incidental to and related specifically to a permitted principal use such as manufacturing. (d) Motel. (e) Hotel. 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 VIR, Section 42. No use already established on the effective date of this ordinance shall be so altered or modified as to conflict with the performance standards governing noise established herein. SECTION 49. Yard Regulations. In Industrial Districts no yards are required except as provided in Sections 61 and 63. SECTION 50. Special Requirements shall be as follows: 1. Parking: a minimum of one parking space shall be provided for each 3 employees. Parking shall not be located in any front yard. Parking lots shall be surfaced with black- top, concrete, or other solid material and shall be graded so as to drain properly. 2. Off-street loading: off-street loading areas in such amount as may be necessary for the sizes and types of proposed industrial operations shall be provided. 3. Access and Sidewalks: access drives shall be paved with black-top, concrete, or other solid material, and, if business is to be carried on in the evening, shall be adequately lighted. No lights shall be placed so as to reflect in an objectionable manner on adjoining residential properties or public streets. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Where density of population or school bus routes make it desirable, the applicant shall install sidewalks with the approval of the appropriate highway authoritv. 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. 50 Zoning Or.],wp511zon,1127193 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. 51 Zoning Or.1,xp511zon,1127193 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. 52 Zoning Or.1,wp511zon,1127193 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 53 Zoning Or.],wpShzon,1 a7193 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. 54 Zoning Or.1,wpSllzon,1127193 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. 55 Zoning Or.],xpS1Izon,1127193 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. A non-conforming use that has been discontinued for a period of one year shall not be re-established and shall not be replaced by another non- conforming use. Thereafter the use shall be in conformity with the provisions of this ordinance. Notwithstanding the foregoing, a non-conforming use that ceases to operate because of a national emergency or because of temporary 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 D1stunict Light Industrial District Industrial District The enumeration of the classification of restrictiveness in this section shall not be interpreted to mean that a conforming use validly permitted in one district is automatically permitted in a less restrictive district (e.g., a dry cleaner permitted in a Business District C is not a permitted use in a Light Industrial District.) 56 Zoning Or.1,wpSllzon,1127193 SECTION 56. Restoration. Nothing herein shall prevent the continued use and substantial restoration of a building damaged by fire, flood, earthquake, act of God, act of the public enemy or catastrophe beyond the control of the Owner provided such restoration is completed within one year of the loss of the building and provided that the use of the building in the manner in which it was used prior to the loss is recommenced within one 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 57 Zoning Or.],wpSllzon,1/77193 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, 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. 58 Zoning Or.],wpS]lzon,1127193 ARTICLE XIII GENERAL PROVISIONS SECTION 57. Existing Lots. Other provisions of this ordinance notwithstanding, nothing shall prohibit the use for a single family dwelling of a lot of deed record at the time of the passage of this ordinance, as amended, of less than the required size of lot in any district except an Industrial District, provided that all other provisions of this ordinance are complied with. SECTION 58. Building Floor Area. No dwelling in any district shall be erected or altered so as to provide for less than 600 square feet of net enclosed floor area. SECTION 59. Trailers. Trailer camps or parks and trailers or mobile homes for occupancy shall be prohibited in all districts except Residence District R5 and except as follows: a. One mobile home may be placed on a vacant lot in a residence or agricultural district for use as temporary housing during the construction of a permanent dwelling on said lot for a period not to exceed 18 months, unless such period be extended by permission of the Town Board, provided that said trailer shall be occupied by the owner of record of said lot. Said trailer must be removed upon the completion of construction although the 18 month time limit may not have fully expired. b. Upon special approval of the Zoning Board of Appeals to be reviewed each year, one mobile home for each property owner shall be permitted in all agricultural and R30 districts, provided that one of the occupants of said mobile home shall be a full time agricultural employee of the property owner or a bona fide agricultural student doing agricultural work for the property owner. SECTION 59A. Dish Antennae. Free-standing and roof-mounted dish antennae shall be prohibited from all districts except as follows: a) In Residential Districts R9, R15, and R30, and Agricultural Districts, a free-standing dish antenna with a diameter or height of 15 feet or less shall be considered a permitted accessory building and subject to all applicable yard and height requirements. 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: 59 zoning Or.1,wpHlzon,1127193 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 60 Zoning Or.1,wp511zon,1127193 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. 61 Zoning Or.],wpSllzon,1127193 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. In an agricultural district, where a lot is used or occupied primarily for non-agricultural purposes, there shall not be more than one principal building on such lot. In an agricultural district where a lot is used primarily for agricultural purposes, there shall be no more than one principal building for each 30,000 square feet of lot area and no more than one non-agricultural principal building (e.g. a residence as opposed to a barn) on each 30,000 square feet of lot area. 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. 1. In any district no more than 50 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials (hereinafter referred to collectively as "fill") 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. 2. 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. 62 Zoning Or.],wpSllzon,1/27193 3. The Board shall not act until the Town Engineer has reviewed such plan and advised the Board that in his 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. 4. The Board may impose such conditions upon the applicant as it deems necessary to protect the general welfare of the community, which may include a time limit upon operations, standards for performance, and the requirement 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. 5. 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. 6. In the event that the proposed movement of fill involves the deposit or extraction of less than 250 cubic yards, the Town Engineer may grant written approval provided that the Engineer determines, before issuing the approval that the proposed plan (a) Provides for appropriate erosion control during and after construction; (b) Protects against adverse drainage on the subject property and surrounding properties; (c) Provides for appropriate revegetation when necessary; (d) Provides for appropriate slope controls; and (e) Does not adversely affect properties surrounding the designated site both during and after removal or deposit of the fill. The Town Engineer may impose such conditions upon the applicant as the Engineer deems necessary to protect the general welfare of the community, which may include a reasonable time limit upon operations, reasonable standards for performance, and the requirement that a performance bond or other security in a reasonable amount be posted to insure compliance with the requirements of this Ordinance and with any further reasonable conditions imposed by the Engineer. 63 Zoning Or.],wpSllzon,1127193 7. The following are excepted from the requirements set forth above: (a) 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 total 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: (i) an area of 30,000 square feet in which the proposed construction is to be located; or (ii) the area contained within the footprint of the proposed structure plus an additional 50 feet adjacent to the perimeter of the proposed structure. (b) 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. (c) 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 or by December 31, 1992, whichever is later. Notwithstanding the foregoing, as to any site plan approvals granted on and after January 1, 1992, if fill is being removed to or from another site in the Town, and if the plans for the removal from, or deposit on, such other site were reviewed by the Town Engineer and the Board granting such approval was advised of the results of such review and specifically included the proposed disposition of such fill in its approval, no further approval under this section 70 shall be required provided the construction occurs within the time limits set forth above. If the disposition of fill was not specifically approved by the applicable Board in connection with any such post December 31, 1991 approvals, this exception shall not apply and the applicant shall be required to obtain special approval lur the deposit or removal of fill relative to such other site in accordance with the terms of this Section 70. (d) 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. 64 Zoning Or.],wpSllzon,1127193 (e) 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 (i) plans for such construction showing in sufficient detail the proposed removal and/or deposit of fill (including, when removal from or deposit on to an off-site location is contemplated, adequate plans of such off-site location showing the required information relative to the disposition or removal of fill to or from same) were submitted to the Planning Board and approved by the Town Engineer in conjunction with the subdivision approval; or (ii) the Planning Board expressly waived the requirement of submission of such drawings and the total amount of fill to be either deposited or removed is less than 500 cubic yards. (f) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved on or before January 1, 1992, in accordance with the requirements then in effect of the Town of Ithaca Planning Board provided such removal or fill occurs no more than three years after the granting of final subdivision approval by the Town Planning Board or before December 31, 1992, whichever date is later. 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. 65 Zoning Or.],wp5llzon,1127193 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. 66 Zoning Or.1,wp511zon,1/27193 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; 67 Zoning Or.],wpSllzon,127193 (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. 68 Zoning Or.],wpShzon,1127193 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 $ 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 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. f 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 $50.00. SECTION 76-A. Fees for Use Permits, Operating Permits, and Inspections. 69 Zoning Or.],wpSllion,1177193 1. The fee for a Use Permit issued pursuant to Local 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 Permit required pursuant to Local Law No. 1 of the year 1981 as the same has been subsequently 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) Six to ten dwelling units per building 100.00 per building (iii) Eleven dwelling units or more per building 150.00 per building 3. The fees for other inspections by the Building Inspector and Zoning Enforcement Officer required by State law or other regulation, such as required annual inspections of areas of public assembly, shall be $25.00 per inspection. SECTION 77. Board of Appeals. There is hereby established a Board of Appeals which shall function in the manner prescribed by law (except as the Town Law is superseded as set forth below). 1. There shall be five members of the Board of Appeals. The members of the Board of Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals. 2. The Town Board shall designate the Chairperson of the Board of Zoning Appeals. The Board of Zoning Appeals shall choose its own Vice-Chairperson who shall preside in the absence of the Chairperson. In the absence of both the chairperson and vice-chairperson, the Board of Appeals shall choose one of its number as acting chairperson. Such 70 zoning Or.],wp5l4on,1127193 chairperson, or the party acting as chairperson in the chairperson's 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 of this Ordinance and in accordance with the provisions of Town Law Sections 267 et. seq. (except as the same are superseded by the provisions of this Ordinance) 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. The Board of Appeals, on appeal from the decision or determination of the Town Building Inspector and Zoning Enforcement Officer, shall have the power to grant use and area variances (as the same are defined in Town Law Section 267). (a) AREA VARIANCES. In addition to any other requirements set forth in this Ordinance, the Board of Appeals, in determining whether to grant an area variance shall consider all of the matters set forth in Town Law Section 267-b including specifically the considerations set forth in Section 267-b 3 (b) and (c). (b) USE VARIANCES. (i) In addition to any other requirements set forth in this Ordinance, no use variance shall be granted unless the applicant shall show that applicable zoning regulations have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that (A) Under applicable zoning regulations the applicant can not obtain a reasonable economic return from the property in question, which insufficient return must be established by competent financial evidence; (B) The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; 71 Zoning Or.],wpShzon,1127193 (C) The requested use variance, if granted, will not alter the essential character of the neighborhood; and (D) The alleged hardship has not been self-created. (ii) The foregoing criteria are intended to supersede, in accordance with Municipal Home Rule Law Section 10 1 (ii) d (3), the criteria for granting use variances set forth in Town Law Section 267-b 2 (b) and in particular the requirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all economic use or benefit from the property. (iii) All other criteria and provisions contained in Town Law Sections 267 et. seq., except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property, are applicable to use variances in the Town of Ithaca. 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. (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 :nconvenie.ice neighboring iii habl4allts. (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. 72 Zoning Or.1,wp511zon,1127193 (g) Lot area, access, parking, and loading facilities are sufficient for the proposed use. (h) Natural surface water drainageways are not adversely affected. 8. In granting variances or special approvals or special permits the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such variance or special approval or permit shall be in effect. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance, approval or permit may have on the neighborhood or 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. 1p. 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: 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 or use is in accordance with a comprehensive plan of development of the Town. In addition, when making recommendations to the Board of Appeals with regard to special approvals, the Planning Board shall 73 Zoning Or.1,xp5llzon,1/77193 4. Make the same determinations as are required of the Board of Appeals pursuant to Section 77, subdivision 7 of this Ordinance; and 5. Be empowered to recommend such reasonable conditions as the Planning Board deems necessary to protect the general welfare of the community. SECTION 78-A. Posting of Notices. In addition to any other notice required by law, a public notice shall be posted by the applicant on the property that is the subject of certain applications as set forth in this section. 1. The sign shall be so posted in the following circumstances: (a) If a variance, special approval, special permit, or determination is being sought from the Zoning Board of Appeals and the matter is not required to be heard by the Planning Board before action by the Zoning Board of Appeals, the notice shall be posted before the initial Zoning Board of Appeals public hearing on the matter. (b) If a variance, special approval, special permit, or determination is being sought from the Zoning Board of Appeals but a recommendation relating to such action must first be received by the Board of Appeals from the Planning Board before the Zoning Board of Appeals determines the matter, the notice shall be posted prior to the first Planning Board public hearing on the matter. (c) If a subdivision or site plan approval is being sought from the Planning Board, the notice shall be posted before the first Planning Board public hearing on the application. (d) If the application is for rezoning of a parcel or parcels of land in conjunction with a proposed development on same a notice shall be posted and it shall be posted prior to the initial Planning Board hearing on the proposed rezoning. If the rezoning is a rezoning generally of the neighborhood independent of a particular application for a particular project, or is a rezoning of an area of more than 300 acres, there shall be no posting requirement unless the Town Board directs such posting. In such event the Town Board may designate the location and frequency of such posting, which may be different than otherwise required hereunder. 2. The posting shall occur at least 14 and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above. 3. The sign shall be posted in a location clearly visible from the roadway at or near the center of each of the property lines of the property under consideration which property line fronts on an existing public or private roadway. If the road frontage exceeds 1,000 feet, signs shall be posted at 500 foot intervals along the frontage. When the Town 74 Zoning Or.],wpSllzon,1127193 Planner or Town Building Inspector and Zoning Enforcement Officer finds that the particular circumstances of an application warrants more signs than required by this provision, the applicant shall post such additional signs as may be directed by either of such officers. 4. Such signs shall be continuously maintained by the applicant and displayed facing the roadway until final action has been taken by the Board involved approving or denying the application or appeal, or until the application is withdrawn. Signs shall be removed within 15 days of the final action or withdrawal of the application. 5. The required signs shall be obtained from the Town Planner, Town Building Inspector and Zoning Enforcement Officer, or Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. There shall be no fee for the first sign. If additional signs are required the applicant shall pay a non-refundable fee for each subsequent sign or replacements thereof. The fee shall be $3.00 per sign. 6. Failure to post or maintain the signs as provided in this section shall not be a jurisdictional defect and any action taken by any Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this section. However, the failure to post or maintain the sign may be grounds, should the Board involved in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The appropriate Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section. SECTION 79. Violations and Penalties. Pursuant to Section 268 of the Town Law any person, firm, corporation or other entity violating any provision of this Ordinance or any provision of the subdivision regulations of the Town of Ithaca shall be deemed guilty of an offense and upon conviction thereof shall be subject to a fine or to imprisonment as provided in Section 268. Each week's continued violation shall constitute a separate offense. Notwithstanding any other provisions of this Ordinance or the subdivision regulations of the Town of Ithaca, the Planning Board may refuse preliminary or final subdivision approval to a subdivision as long as the subdivider, or any person or entity under the control of or controlled by the subdivider, is in default in the performance of any actions required of them pursuant to law or pursuant to conditions imposed in connection with a previously approved subdivision in the Town of Ithaca. SECTION 80. Amendments. This ordinance may be amended as provided by law. SECTION 81. Validity. The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof. 75 Zoning Or.1,%p51 Lzon,1127193 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-adapted 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. 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. 76 Zoning Or.],wp5l izon,1127193 (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 (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. (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. 77 Zoning Or.],wpSllmn,127/93 (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 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. M Tf n the iiiAffjamnt of+hp ow- Engineer, thG ApoJa r__ tC_Cl_ exceeds\.� , i J vi um, 11 1 u1 U 1L lu 11 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. 78 Zoning Or.1,wp511zon,1127193 (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. (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. 79 Zoning Or.1,wpSllzon,1127193 (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 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 Tovrn 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. 80 Zoning Or.1,wp5llzon,1127193 (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 (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. 81 Zoning Or.1,»p51Izon,1127193 (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. 82 TOWN OF ITHACA SCHEDULE OF APPLICATION AND REVIEW FEES Approved by Town Board Application/ Escrow For 12-Mar-90 Review Review Inspection SUBDIVISION REVIEW: Initial Application Fee: 1 to 4 New Lots/Units $50.00 5 to 10 New Lots/Units, $75.00 More than 10 New Lots/ Units $100.00 Plus $1 Per Lot Preliminary Plat: 1 to 10 New Lots/Units $50.00 Plus (Without Roads or Public $10.00 Per Lot/Unit Utilities) All others $100.00 Plus 0.5% of Actual Cost of estimated Review imprv. cost Final Plat: 1 to 10 New Lots/Units $50.00 Plus (Without Roads or Public $10.00 Per Lot/Unit Utilities) All others $100.00 Plus 0.5% of Actual Cost of estimated Review imprv. cost Inspection: Actual Cost of 0.5% of Insp. estimated imprv. cost Plats/Replats; whose sole purpose is to dedicate land for public use: No charge No charge No charge Plat Reaffirmations: $50.00 Plus $ 5-00 Per Lot/Unit SITE PLAN REVIEW: Initial Application Fee $70.00 Preliminary Plan: Non-Residential $100.00 Plus 0.1% of estimated project Actual Cost of cost excluding land Review 83 Zoning Or.1,wp5l Izon,112 7193 Approved by Town Board Application/ Escrow For March 12, 1990 Review Review Inspection Residential $100.00 Plus $25 Per Dwelling Unit Actual Cost of Review Final Plan: Non-Residential $50.00 Plus 0.5% of estimated project Actual Cost of cost excluding land Review Residential $50.00 Plus $25 Per Dwelling Unit Actual Cost of Review Inspection: Non-Residential Actual Cost of 0.05% of insp. estimated project cost excl. land Residential Actual Cost of $25 Per Dw. insp. Unit ZONING AMENDMENT/ REZONING $170.00 Plus Pertinent Site Plan Review Fees SPECIAL APPROVALS: $100.00 Plus Pertinent Site Plan Review Fees ZONING APPEALS: Area & Use Variances $80.00 ADDITIONAL MEETING FEE: (In the event of more than 1 meeting or public hearing per application) Agenda Processing $30.00 Public Hearing Processing: $50.00 84 APPENDIX CERTAIN LOCAL LAWS RELATING TO THE ZONING ORDINANCE in the TOWN OF ITHACA As enacted through January 27, 1993 ARTICLE XV LOCAL LAW #5 - 1985 RELATING TO FLOOD DAMAGE PROTECTION AS AMENDED BY LOCAL LAW #9 - 1987 AND LOCAL LAW #39 1989 SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Town Board of the Town of Ithaca finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Ithaca and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health; safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters A - 1 zoning.app, wp51Izon, 1127193 or which may increase flood hazards to other lands, and; (6) qualify and maintain eligibility for participation in the National Flood Insurance Program. 1.3 OBJECTIVES The objectives of this local law are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and, (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the Building Inspector's interpretation of any provision of this Local Law or a request for a variance. A - 2 zoning.app, wp5l lzon, 1127193 "Area of shallow flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of social flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the base floodplain or 100-year floodplain. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" means any structure built for support, shelter, or enclosure for occupancy or storage. "Cellar" - has the same meaning as "Basement" "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard. "Elevated building"means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or shear walls. "Existing manufactured home park or manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including- at a minim»m, the installation of,utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of Local Law #5 - 1985. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; A - 3 zoning.app, wp51Izon, 1127193 (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood BoundaU and Floodway Map (FBFM)" means an official map of the Community published by the Federal Emergency Management Agency as part of a river in Community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map, as elevations of the base flood. "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same meaning as "Regulatory Floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. "Lowest Floor" means lowest level including basement, cellar, crawlspace or garage of the lowest enclosed area. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer. "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD)of 1929 or other datum, to which base flood elevations shown A - 4 zoning.app, wp51 Izon, 1127193 on a community's Flood Insurance Rate Map are referenced. "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law. "Principally Above Ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4.3-2 of this Law. "Start of Construction" includes substantial improvement and means the first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For manufactured homes, "start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is commenced but in any event, no later than the placement of a manufactured home on a foundation. "Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground. "Substantial Improvement" means any repair, TeCotlCtTitCtinn, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to commence when A - 5 zoning.app, wp511zon, 1127193 the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this Local Law. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of the,-Town of Ithaca. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study Town of Ithaca, New York, Tompkins County, New York", dated December 19, 1984, with Flood Insurance Rate Maps enumerated on Map Index No. 360851 0001-0025 dated June 19, 1985, and with accompanying Flood Boundary and Floodway Maps enumerated on Map Index No. 360851 0001-0025 dated June 19, 1985. 3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS This Local Law is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986 and shall supersede all previous laws adopted for the p4m of establishing and maintaining eligibility for flood insurance. In their interpretation and application, the provisions of this Local Law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of A - 6 zoning.app, wp51 Izon, 1127193 any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or t h a t imposing the higher standards, shall govern. 3.4 SEVERABILITY The invalidity of any section or provision of this Local Law shall not invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON-COMPLIANCE No development shall occur and no structure shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this Local Law and any other applicable regulations, including receipt of the development permit set forth below together with any building permits required pursuant to any building, zoning or other rule, law, or regulation governing construction. Any violation of the provisions of this Local Law by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions of the permit, shall constitute a misdemeanor. Any person who violates this Local Law or fails to comply with any of its requirements shall, upon conviction thereof be fined not more than$500 or imprisoned for not more than 30 days or both, for each violation, and in addition, shall pay all costs and expenses involved in the case. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Building Inspector from taking such other lawful action as necessary to prevent or remedy a violation. Any structure found not complying with the requirements of this Local Law for which the owner has not applied for and received an approved variance under Section 6.0 will be declared noncomplying and notification sent to the Federal Emergency Management Agency. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory p _mncec and is based on scientific and engineering considerations. Larger hoods car, and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of Ithaca, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. A - 7 zoning.app, wp511zon, 1127193 SECTION 4.0 ADMINISTRATION 4.1 REQUIREMENT FOR DEVELOPMENT PERMIT (1) A Development Permit shall be obtained before any development or start of construction, whichever occurs earlier, within any area of special flood hazard established in Section 3.2. (2) The Building Inspector is hereby appointed Local Administrator to administer and implement this local law by granting or denying Development Permit applications in accordance with its provisions. (3) The Building Inspector may include such conditions to the grant of any Development Permit as the Building Inspector may reasonably require to carry out the purpose of this law, and, further, in consideration of the technical evaluations, all relevant factors and standards specified in other sections of this law including, but not limited to, those set forth in Section 6.1(4), below. 4.2-1 DEVELOPMENT PERMIT APPLICATION S: (1) The application for the Development Permit must be made by the Owner of the property, or by a person duly authorized by the Owner ("hereinafter collectively referred to as the "Owner"), on forms prepared by the Building Inspector. (2) The following information is required where applicable: (a) plans, in duplicate, drawn to scale showing the nature, location, dimension, and elevations of the area in question, existing and/or proposed structures, fill, storage of materials and drainage facilities, (b) elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures; (c) elevation in relation to mean sea level to which any non-residential structure will be flood-proofed; (d) when required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in Section A - 8 zoning.app, wp5llion, 1127193 5.1-3(1); (e) certificate from a licensed professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in Section 5.2; and (f) description of the extent to which any watercourse or regulated floodway will be altered or relocated as a result of proposed development. (g) such other information as the Building Inspector may reasonably require. (3) Any permit issued may require that the work for which the permit is granted shall be begun on a date which shall be no more than three months after its issue. The estimated date of completion of the work shall appear on the permit. The Building Inspector may grant extensions of time as the Building Inspector may reasonably determine, taking into account the factors and standards set forth elsewhere in this law and the Building Inspector may require additional conditions taking into account such factors and standards and any changes in the physical facts, or in any applicable law, code or regulations, and the extent of the progress of such work at the time of application. Such application for extension shall be made on forms prepared by the Building Inspector. 4.2-2 DUTIES OF OWNER (1) Upon placement of the lowest floor, or flood-proofing by whatever means, it shall be the duty of the Owner to submit to the Building In a certificate of the elevation of the lowest floor, or flood-proofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct s�,lper<rlslon of a 11cen��ed land surveyor or professloitai engineer and iML111 d by same. When flood-proofing is utilized for a particular building the flood- proofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. The Building Inspector shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. (2) It shall be the responsibility of the Owner to insure that all work and construction has been done in compliance with the requirements of this law. A - 9 zoning.app, wp5l tzon, 1127193 The Owner shall sign and acknowledge a certificate that the work has been performed and completed in accordance with all provisions of this law and the conditions of a permit. The Building Inspector may also require that such a certificate be signed by a competent person who has supervised or examined the work. 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR Duties of the Building Inspector shall include, but not be limited to: 4.3-1 PERMIT APPLICATION REVIEW (1) Review all Development Permit applications to determine that the requirements of this local law have been satisfied. (2) Review all Development Permit applications to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all Development Permits for compliance with the provisions of Section 5.1-5, Encroachments. 4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to Section 5.1-4(4) in order to administer Section 5.2, SPECIFIC STANDARDS and Section 5.3 FLOODWAYS. 4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED (1) Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar of all new or substantially improved structures, and whether or not the structure contains a basement or cellar. (2) For all new or substantially improved floodproofed structures: (i) obtain and record the actual elevation, in relation to mean sea level, A - 10 zoning.app, wp511zon, 1127193 to which the structure has been floodproofed; and (ii) maintain the floodproofing certifications required in Sections 5.1 and 5.2. (3) Maintain for public inspection all records pertaining to the provisions of this local law including variances when granted and Certificates of Compliance. 4.3-4 ALTERATION OF WATERCOURSES (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 INTERPRETATION OF FIRM BOUNDARIES The Building Inspector shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. Base flood elevation data established pursuant to Section 3.2 and/or Section 4.3- 2, when available, shall be used to accurately delineate the area of special flood hazards. The Building Inspector shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available. 4,';-F_, RTOP WORM n n1PRC (1) All floodplain development or construction found ongoing without an approved Development Permit, or any other required permits, shall be subject to the issuance of a stop work order by the Building Inspector. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. (2) All floodplain development found to be not complying with the provisions A - 11 zoning.app, wp51Izon, 1127193 of this law and/or the conditions of the approved permit shall be subject to the issuance of a stop work order by the Building Inspector. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. 4.3-7 INSPECTIONS The Building Inspector or, if required by the Building Inspector, the Owner's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable the person who is conducting the inspection to certify that the development is in compliance with the requirements of either the Development Permit or the approved variance. 4.3-8 CERTIFICATE OF COMPLIANCE (1) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the Building Inspector stating that the building or land conforms to the requirements of this Local Law. (2) All other development occurring within the designated flood hazard area will have upon completion a Certificate of Compliance issued by the Building Inspector. All certifications shall be based upon the inspections conducted subject to Section 4.3-7, the certification of professionally qualified representatives made pursuant to Section 4.3-7 and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: A - 12 zoning.app, wp5l lzon, 1127193 5.1-1 ANCHORING (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the following requirements: (i) Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side. (ii) Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side. (iii) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and (iv) Any additions to the manufactured home shall be similarly anchored. 5.1-2 CONSTRUCTION MATERIALS AND METHODS c^(1) All new ynnetn �tinn and i;F�wtalmemnts shallb with�- „ : pee materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 UTILITIES (1) All new construction and substantial improvement shall be constructed with A - 13 zoning.app, wp511zon, 1127193 electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required that such utilities meet this specification. (2) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.1-4 SUBDIVISION PROPOSALS (1) All subdivision proposals, including proposed manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage; (2) All subdivision proposals, including proposed manufactured home parks or subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals, including proposed manufactured home parks or subdivisions, shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or 5 acres. 5.1-5 ENCROACHMENTS (1) In all areas of special flood hazard in which base flood elevation data is available pursuant to Section 4.3-2 or Section 5.1-4(4)and no floodway has been determined the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water A - 1.4 zoning.app, "511zon, 1127193 surface elevation of the base flood more than one foot at any point. (2) In all areas of the special flood hazard where floodway data is provided or available pursuant to Section 4.3-2 the requirements of Section 5.3, Floodways, shall apply. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS and Section 4.3-2,USE OF OTHER BASE FLOOD DATA, the following standards are required: 5.2-1 RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; 5.2-2 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other non-residential structure, together with attendant utility and sanitary facilities, shall either: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If the structure is to be floodproofed: (0) a l.cens� ^rofessional engr w=r Wr Wrchitant all rl i A/ j. va.E,alawl vl cua.luw� shall %sevelop anuior review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (ii) a licensed professional engineer or licensed land surveyor shall certify the A - 15 zoning.app, wp511zon, 1127193 specific elevation (in relation to mean sea level) to which the structure is floodproofed. The Building Inspector shall maintain on record a copy of all such certificates noted in this section. 5.3 FLOODWAYS Located within areas of special flood hazard are areas designated as floodways (see definition, Section 2.0). The floodway is an extremely hazardous area due to high velocity flood waters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by Section 3.2 and Section 4.3-2, all encroachments including fill,new construction, substantial improvements, and other development are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and no manufactured home shall be placed within the limits of the floodway except in an existing manufactured home park or existing manufactured home subdivision. SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (1) The Zoning Board of Appeals as established by the Town Board shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer owning property in the Town of Ithaca who may have a significant interest in the decision and proceedings on which it was based, may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and: A - 16 zoning.app, wp511zon, 1127193 (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (xi) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. A - 17 zoning.app, wpSllion, 1127193 (6) The Zoning Board of Appeals shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. 6.2 CONDITIONS FOR VARIANCES (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xii) in Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (3) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (i) the criteria of subparagraphs 1, 4, 5, and 6 of this section are met; (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall be issued only upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and A - 18 zoning.app, wp51lion, 1127193 (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. A - 19 zoning.app, wp511zon, 1127193 ' RESOLUTION OF THE TOWN BOARD DATED FEBRUARY 26, 1973 ESTABLISHING MULTIPLE RESIDENCE DISTRICT AND A CLUSTER DEVELOPMENT THEREIN ON PROPERTY OF SCHICKEL ENVIRONMENTAL DEVELOPMENT COMPANY ON HONNESS LANE, TOWN OF ITHACA, NEW YORK (as amended by Local Law No. 4 - 1987). WHEREAS, application was made to the Town of Ithaca Planning Board on November 14, 1972 by Schickel Environmental Development Company, requesting the establishment of a Multiple Residence District on a parcel of land comprising about 18.9 acres of land on Honness Lane (hereinafter referred to sometimes as Eastwood Commons subdivision), Tax Parcel 60-1- 25.2, owned by Enos A. Pyle, which will require a change from an R-15 Residential Zoning District to a Multiple Residence District, for the purpose of constructing a cluster development of 176 Units, said parcel being bounded and described in Schedule A, annexed hereto, and WHEREAS, the Planning Board of the Town of Ithaca duly held a public hearing upon such application on the 12th day of December, 1972, following the due and timely posting and publication of notice thereof in the Ithaca Journal on the 7th day of December, 1972, and the Planning Board at a meeting duly held on January 2, 1973 having adopted a resolution recommending to the Town Board of the Town of Ithaca that the said application be approved, and WHEREAS, the Town Board of the Town of Ithaca, at its regular meeting held on the 8th day of January, 1973, ordered that a Public Hearing be held on the 12th day of February, 1973, at the Town Offices, 108 East Green Street, in the City of Ithaca, New York, to consider, among other matters, the rezoning of said 118.9 acres from R-15 to Multiple Residence for a certain number of residential units in clusters in accordance with the provisions of Section 281 of the Town Law, and the Town Clerk having duly posted and published in the Ithaca Journal on February 1 and 2, 1973 the said Notice of Public Hearing, and it appearing that said Notice of said hearing has either been served on all persons or parties requiring notice or a waiver of such notice by any such person or party has been filed with the Town Clerk, and the public hearing having been held as aforesaid and the Town Board having heard and considered all arguments made with respect to such requested changes, and the Public Hearing having been closed, and the meeting having been adjourned to the 22nd day of February, 1973, at 5:00 P.M. at the Town Offices for further consideration of said application, and the applicant and owners of land in the vicinity having appeared before the Town Board at said adjourned meeting, and the application having been further considered, and the matter having been adjourned to a meeting of the Town Board to be held on the 26th day of February, 1973, at 5:00 P.M., at the Town Hall, and the Town Board having further deliberated on the application, NOW, in accordance with the provisions of ARTICLES VI and IX of the Town of A - 20 zoning.app,wp511zon, 1127193 Ithaca Zoning Ordinance and in accordance with the applicable provisions of Sections 264, 265, and 281 of the Town Law, it is RESOLVED as follows: 1. The Town Board, in concurrence with the recommendations of the Planning Board, determines that the existing and probably future character of the neighborhood in which the rezoned parcel is located will not be adversely affected; that specific conditions hereafter set forth have been imposed to provide for an adequate drainage system and with respect to other matters concerning the proposed development; that the change from R-15 to Multiple Residence is in accordance with a comprehensive plan of development of the Town of Ithaca; and that the proposed change is in accordance with the purposes for which the existing Zoning Ordinance of the Town of Ithaca was adopted. 2. The zoning classification of the parcel of about 18.9 acres, owned by Enos A. Pyle on Honness Lane in the Town of Ithaca, New York, Tax Parcel 60-1-25.2, and described in Schedule A, annexed hereto, is changed from a Residence District R-15 to a Multiple Residence District. The boundaries of said Multiple Residence District shall be as described in Schedule A of this Resolution. 3. The change in zoning classification of the above parcel has been made subject to compliance by the owner of the said parcel, or any portion thereof, with the conditions, requirements, and the provisions hereinafter set forth. The final site plan of the owner-applicant shall not be approved and, in any event, no building permit for the construction of any building, or other structure on said parcel, shall be issued at any time, unless and until the owner- applicant has complied with all of the said conditions, requirements, and provisions or unless and until satisfactory assurances, under such conditions as the Town Board may reasonably determine. 4. The applicants shall also comply with such other requirements and conditions which the Town Planning Board and the Town Board of Ithaca may reasonably and lawfully require in the exercise of their power to approve subdivision plats and the development thereof. Nothing herein contained shall be deemed to limit the authority of the Town Board and the Planning Board to impose Such additional-rP Ui--rP.-m-• ente nnrl e- nA..;.t;. n..v may be reasonably and lawfully required in the approval of the final site plan and the development of the rezoned parcel pursuant to such plan. A. (1) The permitted use in this multiple residence district is limited to 176 dwelling units which shall be constructed in clusters in accordance with the provisions of Section 281 of the Town Law, substantially as shown on the site plan entitled "Eastwood Commons," dated February 21, 1973, a copy of which was filed with the Town Board on February 21, 1973, being a revision of the site plan which was dated December 18, 1972, and filed with the Town A - 21 zoning.app, wp511zon, 1127193 Planning Board on February 19, 1973, and it is directed that a copy thereof be filed in the Town file of Site Plans. B. (1) The loop road shown on the site plan will be conveyed to the Town of Ithaca as and for a public road, 50 feet in width. The two entrance roads shown on the preliminary site plan shall have such curbing as may be reasonably required by the Town. (2) The developer, at his own expense, shall construct a sidewalk and bicycle path from the multiple residence district to which this ordinance and local law relates to the East Ithaca Recreationway on the former Lehigh Valley Railroad right of way, such walk and path to be maintained by the Homeowners Association in accordance with the provisions of subparagraph (3) immediately following. (3) It is determined that in accordance with the purposes and values for which the Town of Ithaca Zoning Ordinance was adopted the open area, other than the road, shall be maintained as an open area, with proper landscaping and planting of shrubbery, trees, and grass, and as otherwise herein set forth, in accordance with reasonable regulations as may be established from time to time by the Town Board. If such open spaces are not maintained adequately in accordance with such regulations, they may be maintained by the Town and the expense thereof shall be collected by the Town either as on a contract or by any lawful assessment, levy, or tax, levied upon the property in the zoned area pursuant to such regulations or by-laws as may be adopted by such association or other organization or pursuant to any law or ordinance which may be hereinafter adopted by the Town Board. (a) All other open space shown on the site plan will be owned, maintained, and the use thereof controlled by one or more owners (residents) associations, incorporated as not-for-profit corporations, or other similar legal entities, capable of holding title to the land. The by-laws of any such association shall contain a provision that no by-laws, or other rules or regulations, shall be deemed to be effective unless the Town Board approves the same, but the Town Board may, from time to time, waive the requirement of approval. The membership of such association or associations shall consist of owners of the Eastwood Commons Subdivision. Provision shall be made that all owners of the Eastwood Commons Subdivision shall belong to one or more of such associations. The certificate of incorporation of any such association shall not be deemed to be effective and shall not be filed with the State of New York, unless approved by the Town Board. (4) Approval of the final site plan shall contain requirements for landscaping and plantings as may be reasonably required by the Town Board or the Planning Board. (5) A letter of credit, in a form and in an amount acceptable to the Town A - 22 zoning.app, wp51 tzon, 1127193 Supervisor, the Town Engineer, and the Town Attorney, shall be received by the Town for the completion of Harwick Road identified as Sunnyslope Lane as shown on a map entitled "Eastwood Commons - Phase III, Honness Lane, Ithaca, New York, Site Development Plan, Sheet S-1," dated November 12, 1986 by Schickel Design Company, Inc. Sunnyslope Lane shall be completed from Harwick Road northwesterly to a point 280 feet from the intersection of its center line with the center line of Harwick Road. Such letter of credit shall also cover the completion of the utilities, landscaping, and other site work required for the completion of Buildings 30 and 31 and the completion of the Pavilion as all of the above may be approved by the Planning Board. Such letter of credit shall be so received prior to the issuance of any building permits for Phase III of Eastwood Commons. No certificate of occupancy and no more than the building permits necessary for the construction of Buildings 30 and 31 and the Pavilion shall be issued for any structures in Phase III of Eastwood Commons until Harwick Road and the road presently identified as Sunnyslope Lane are constructed to Town specifications in the locations and for the distances set forth above. Any of the requirements set forth in this subparagraph (5) may be modified or waived by application to the Planning Board. C. The water and sewer plans for each phase shall be approved by the Tompkins County Health Department and the Town of Ithaca Planning Board prior to the issuance of any building permits for such phase. D. (1) A plan for the drainage of the rezoned area and the Eastwood Commons development, in general, shall be approved by the Town Board or in accordance with regulations to be adopted by the Town Board or in accordance with any requirements contained in any resolution approving the final site plan. Drainage plans, in such detail as may be required by the Town, will be submitted for each phase, prior to construction. Such drainage plans shall include drainage improvements both on the rezoned parcel and outside the boundaries of said parcel and shall include such drainage improvements as may be required to correct drainage problems which may occur after the construction on the site has either been commenced or completed. The final site plan shall not be approved and no approval shall be endorsed upon any subdivision map of this development unless such drainage plan has been approved as aforesaid. No building permit shall be issued for the construction of any dwelling units unless all required drainage has been constructed or planned to the satisfaction of the Town Board. 'Ile applicant shall, at his own expense, obtain all easements required for such drainage plan. (2) Any regulations adopted by the Town Board shall contain such additional provisions as may be reasonably required to effectuate the foregoing. E. (1) Adequate, finished parking spaces shall be provided at the ratio of 1.5 parking space for each dwelling unit. No such parking space shall be constructed or located within the boundaries of any public street or highway. A - 23 zoning.app, wp51 Izon, 1127193 F. (1) The final site plan presented for approval will include suitable provisions for active recreational space for children. 6. It is determined that the number of dwelling units permitted in this multiple residence zone shall not exceed 176 in number, and shall be subject further to the following requirements: (a) Each such dwelling unit shall be used and occupied only as a single family dwelling; the provisions of the Zoning Ordinance relating to occupancy of any one single family dwelling unit shall apply to each dwelling unit in this development, except that, in addition to each family, not more than one roomer, boarder, lodger or other occupant shall be permitted to occupy each such dwelling unit. (b) Such units shall be built in clusters not exceeding four units in each cluster, provided, however, that the Town of Ithaca Planning Board in its discretion may authorize up to six units in each cluster in Phase III of such development if it finds such cluster or clusters are compatible with the overall design, density, and character of the earlier phases of the Eastwood Commons development. (c) Unless waived by the Town of Ithaca Planning Board or unless a variance is granted by the Town of Ithaca Zoning Board of Appeals, no building in this zone shall exceed two stories in height above ground level. (d) Each such cluster shall be located as shown on the final site plan, as finally approved. 7. It is understood that the Eastwood Commons development shall be constructed in accordance with the following phases: (a) Phase 1 shall include not more than 40 units. (b) Subsequent phases shall be planned in relation to sales. (c) Prior to the application to the Town Planning Board for final site plan approval for each phase, the applicant shall submit his plans to the Town Planner who shall review the same and make recommendations to the Town Planning Board. 8. Any determination which is to be made by the Town Board hereunder, may be delegated to the Town Planning Board, insofar as such delegation is lawfully permitted. A - 24 Zoning.app, wp51lzon, 1127193 9. The Zoning Map of the Town of Ithaca shall be changed to show the boundary lines of the Multiple Residence District established by this Resolution. 10. The lands which are the subject of this resolution are now reputedly owned by Enos Pyle. William Schickel and Norbert Schickel, d/b/a Schickel Environmental Development Company, a general partnership, 100 Fairview Square, Ithaca, New York, have represented to the Town Board that they have exercised their option to purchase the said parcel. This resolution is being adopted on the representation of the applicants that they have exercised their option to purchase the said parcel and to develop it in accordance with the preliminary site plan filed with the Town Board, and said resolution has also been adopted on the general representations made by the applicant to the Planning Board and the Town Board. 11. If title to the rezoned lands is not conveyed within one year from the date hereof by Enos Pyle to said William Schickel and Norbert Schickel as such general partners or to a corporation or other legal entity owned or controlled by said William Schickel and Norbert Schickel, the Town Board, upon application of any resident of the Town, including any member of the Town Board, shall initiate and complete procedures to amend the Zoning Ordinance to change the classification of the said lands to the classification in effect prior to the adoption of this resolution. 12. The Town Clerk is directed to publish this Resolution in the Ithaca Journal and the foregoing Resolution shall constitute an ordinance amending the Town of Ithaca Zoning Ordinance and shall take effect 10 days after the publication thereof pursuant to Section 264 of the Town Law. A - 25 zoning.app, wp51 tzon, 1127193 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, being located on Honness Lane, being bounded and described as follows: BEGINNING at a point in the northerly right of way of Honness Lane, said point being the southeast corner of lands of Roberts and recorded in the Tompkins County Clerk's Office in Liber 315 of Deeds at page 273; running thence North 06` 18' 04" East along said Roberts, a distance of 325.37 feet to a point; running thence North 83` 31' 21" West, a distance of 354.21 feet to a point; running thence North 07` 25' 30" East, a distance of 966.12 feet to a point in the center line of a creek; running thence easterly along the center line of said creek having a chord bearing of South 81` 45' 22" East for a distance of 248.30 feet to a point in said centerline of the creek; running thence South 07` 25' 30" West, a distance of 342.82 feet to a point; running thence South 18` 00' 06" East, a distance of 130.0 feet to a point; running thence North 711 59' 54" East, a distance of 150.00 feet to a point on the former right of way of E.C. & N. Railroad; running thence South 18` 00' 06" East along said right of way, a distance of 666.12 feet to a point; running thence South 68` 18' 25" West, a distance of 120.40 feet to a point; running thence South 67` 09' 45" West, a distance of 345.20 feet to a point; running thence South 60` 00' 58" West, a distance of 122.33 feet to a point; running thence North 84` 00' 29" West, a distance of 150.00 feet to a point; running thence South 06` 18' 04" West, a distance of 264.00 feet to a point in the above mentioned right of way of Honness Lane; running y thence North 84` 19' 02" West along said right of way of Honness Lane, a distance of 50.0 feet to the point or place of beginning; containing 18.9 acres of land, more or less. The above described premises are more particularly shown on a survey map entitled "MAP SHOWING A PORTION OF LANDS OF ENOS PYLE," made by F. Donald McKee, Land Surveyor #32422, dated June 20, 1972, revised July 26, 1972, a copy of which has been filed with the Town Clerk. A 26 zoning.app, wp5llzon, 1127193 LOCAL LAW NO. 3 - 1983 A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA BY CHANGING THE ZONING CLASSIFICATION TO MULTIPLE RESIDENCE DISTRICT FROM A RESIDENCE DISTRICT R15 A PARCEL OF LAND IN THE TOWN OF ITHACA, TOMPKINS COUNTY NEW YORK LOCATED ON THE NORTH SIDE OF EAST KING ROAD DESIGNATED ON THE CURRENT TAX ASSESSMENT MAP OF THE TOWN OF ITHACA ON PARCEL NO. 44-1-4 3 (as amended by Local. Law No. 3 - 1987 and Local Law No. 6 - 1988). SECTION 1. CHANGE OF ZONING DISTRICT DESCRIPTION OF PARCEL A Multiple Residence District is hereby established encompassing the parcel consisting of about 30 acres of land located on the north side of East Kiang Road and designated on the current tax assessment map of the Town of Ithaca as Tax Parcel 44-1-4.3 more particularly described in Schedule A entitled "Description of Parcel on the north side of East King Road which is established by this Local Law as a Multiple Residence District." SECTION 2. LEGISLATIVE BASIS AND PURPOSE OF THIS LAW A. RESOLUTION This Local Law has been enacted pursuant to the Resolution adopted by the Town Board on February 7, 1983, a copy of which is attached hereto. Provisions of said Resolution constitute findings, determinations and statements of purposes for the enactment of this law. B. TOWN ZONING ORDINANCE PROCEDURE FOR ESTABLISHMENT OF MULTIPLE RESIDENCE DISTRICT. a. Article IX of the current Zoning Ordinance (adopted February 12, 1968, effective February 26, 1968) sets forth the procedure for the establishment of the Multiple Residence District and authorizes the Town Board to establish a Multiple Residence District by defining the boundaries thereof, approving the general site plan and imposing any modifications and additional requirements as the Town Board may determine. SECTION 3. MODIFICATIONS AND ADDITIONAL REQUIREMENTS A. The provisions of paragraphs "A", "B", and "C" of Section 1 of the Resolution referred to above which is attached hereto contain modifications, conditions, and requirements A - 27 zoning.app, wp5llzon, 1127193 relating to the rezoning of the subject parcel into a Multiple Residence District and its development by the construction thereon of multiple family units. The aforesaid paragraphs "A", "B", and "C" are incorporated into this Local Law and made a part hereof as if they had been set forth in the body of the text rather than an Appendix thereto and they shall apply to the rezoning and the development of the subject parcel except as they may be specifically modified or added to by subsequent provisions of this Local Law. B. PROVISIONS AS TO THE 6 ACRE PARCEL BUFFER ZONE, ON THE WESTERLY SIDE OF THE SUBJECT PARCEL CONTAINED IN SAID RESOLUTION, ARE AMENDED AS FOLLOWS: 1. The provisions of Section 1.C.i are expanded to include the requirement that no trees or shrubbery shall be cut unless the owner of the parcel has obtained the duly authorized consent of the Town Planning Board. The owner shall give a written notice of at least 4 weeks to the Town Engineer or such other person or agency of the Town as the Town Planning Board may designate requesting the consent of the Town Planning Board and setting forth the management practices which would require such action to be taken. The Town Planning Board shall review the request and act promptly in giving or denying its consent. 2. The driveway referred to in Section 1.C.ii. shall not be constructed until a building permit has been obtained from the Town Engineer in accordance with the provisions of the Town Board Resolution concerning this matter. 3. The Town Planning Board may require the owner of the subject parcel to submit information and documents from time to time in order to determine that there is compliance with the requirements of this law. C. No buildings and residential units in excess of those approved by the Town Planning Board on January 18, 1983 shall be permitted and the construction, development and use must comply in all respects with the site plans and conditions of approval and rezoning adopted by the Town Planning Board on January 18, 1983 and by the Town Board on February 7, 1983 and with the Revised Plan as approved by the Planning Board on January 20, 1987, and no variance in the construction, development, and use of the parcel shall be permitted except as may be permitted by the Town Planning Board, or by the Zoning Board of Appeals or, by such person or agent of the Town as the Planning Board may designate in the case of such minor changes which do not increase the size or scope of the project or vary the intended use of the site. A - 28 zoning,app, wp511zon, 1127193 SECTION 4. RECLASSIFICATION OF ZONING. A. The sovereign power of the Town to enact and amend the Town's Zoning Regulations is not affected by the enactment of this Local Law. Without limiting the foregoing declaration, the Town, at the option of the Town Board, may review the status of the development of, and the extent of construction of improvements on, the subject parcel and other factors reasonably affecting the area and community within which the subject parcel is located, the protection and enhancement of the Town's physical and visual environment and to promote the government, protection, and the health, safety and well-being of the inhabitants or property in the Town, and, at its option, the Town Board may amend the Town Zoning Regulations by changing the classification of the subject parcel or any portion thereof, to a Residential R15 or such other district as the Town Board may determine. B. The Town now makes a legislative finding that the owner would reasonably require a period ending September 30, 1991, to commence and complete the construction of the Phase or Stage I and II improvements on the project as shown on the Preliminary Plat of the Butterfield Cluster Subdivision made by George Schlecht, P.E., L.S. dated April 5, 1988, as the same may be hereafter modified with the approval of the Planning Board in accordance with other provisions of the law. C. Any building permit issued subsequent to the enactment of this law may be revoked or modified at the option of the Town Planning Board if- (i) construction of Phases or Stages I and II has not been substantially commenced by October 1, 1988, or (ii) construction of Phases or Stages I and II has not been substantially completed by September 30, 1991. The time within which such building permit shall be effective may be extended, if good cause is shown, by the Town Planning Board. A - 29 zoning.app, wp514zon, 1127193 SCHEDULE A DESCRIPTION OF PARCEL ON THE NORTH SIDE OF EAST KING ROAD WHICH IS ESTABLISHED BY THIS LOCAL LAW AS A MULTIPLE RESIDENCE DISTRICT ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being a part of Military Lots 89 and 99 (Old Town of Ulysses) and described as follows: Beginning at a point in the northeasterly boundary of the existing King Road East (County Road No. 179) said point being the following two courses and distances from the intersection of the northerly boundary of the existing King Road East and the westerly boundary of the existing Troy Road; thence (1) North 82` 02' 47" West 1081.53 feet and thence (2) westerly and northwesterly on a curve to the right having a radius of 975.0 feet, a distance of 211.07 feet to the point and place of beginning of the premises intended to be described herein; thence (1) northwesterly on a curve to the right having a radius of 975.00 feet a distance of 235.12 feet; thence (2) North 55` 49' 33" West along the said northeasterly boundary of the existing King Road East a distance of 1731.85 feet to a point on the division line between the property of Schuylkill Inventors, Inc., on the east and the property now or formerly owned by Cornell University on the west; thence (3) North 9` 18' 00" East along said division line a distance of 455.00 feet to a point; thence the following fifteen courses and distances through the property now or formerly owned by Schuylkill Investors, Inc.: (1) North 57` 01' 43" East, a distance of 221.09 feet; thence (2) South 79` 16' 23" East, a distance of 327.73 feet; thence (3) North 85` 47' 58" East, a distance of 177.48 feet; thence (4) South 16` 55' 39" East, a distance of 96.17 feet; thence (5) South 53` 58' 21" East, a distance of 163.22 feet; thence (6) South 48` 57' 27" East, a distance of 225.40 feet; thence (7) South 23` 01' 32" East, a distance of 217.31 feet; thence (8) South 39` 37' 09" East, a distance of 708.82 feet; thence (9) South 67` 50' 59" East, a distance of 122.00 feet; thence (10) South 34` 54' 43" East, a distance of 234.14 feet; thence (11) South 37` 07' 34" East, a distance of 268.40 feet; thence (12) South 52` 52' 26" West, a distance of 40.00 feet; thence (13) North 37` 07' 34" West, a distance of 293.00 feet; thence (14) South 38` 30' 36" West, a distance of 208.19 feet; thence (15) South 25` 27' 00" West, a distance of 126.43 feet to the point or place of beginning, containing 30.566 acres of land. A - 30 zoning.app, wp511zon, 1127193 For further description, reference is hereby made to a map of King Road Development Corporation made by Erdman, Anthony Associates, Consulting Engineers, Rochester, New York, dated May 15, 1973. A - 31 zoning.app, wp51 Izon, 1127193 RESOLUTION CONSIDERING AN APPLICATION FOR THE AMENDMENT OF THE TOWN ZONING ORDINANCE BY REZONING FROM RESIDENTIAL 15 TO MULTIPLE RESIDENCE DISTRICT A PARCEL OF LAND LOCATED ON THE NORTHERLY SIDE OF EAST KING ROAD, 30+ ACRES, TAX PARCEL 6-44-1-4.31, NOW REFERRED TO AS MAJESTIC HEIGHTS, MADE BY BILL J. MANOS, APPLICANT, OWNER AND DEVELOPER. (As amended through February 9, 1987). RESOLUTION NO. 13 Motion by Councilman Cramer; seconded by Councilwoman Raffensperger; WHEREAS, 1. The applicant, Bill J. Manos, has applied to the Town Board to rezone from a Residential 15 District to a Multiple Residence District, a parcel of land consisting of approximately 30 acres of land, designated as tax parcel 6-44-1-4.31, and which is located on the northerly side of East King Road, and 2. The applicant has presented to the Planning Board and received final site plan approval for the construction of 17 buildings which will contain a total of 119 dwelling units in the proportion of three (3) 2-bedroom units to four (4) 1-bedroom units, and one service building which will contain storage space for the occupants of each dwelling unit, a laundry, and storage space for necessary maintenance equipment, and a one family dwelling which will be built for and initially occupied by Mr. Manos and his family, and 3. The applicant has complied with the provisions of Local Law #3-1980 relating to the environmental review of actions in the Town of Ithaca and the Planning Board as lead agency has conducted a coordinate SEQR review on both the application for rezoning and the site plan review and has determined that the project as proposed and the amendment of the Zoning Ordinance will have no significant environmental impact and a notice of such determination has been filed with all interested agencies, and 4. The Town Planning Board has recommended the adoption of the amendment to the Zoning Ordinance creating the Multiple Residence District and has given final approval to the site plan, and 5. The Town Board has reviewed the site plan approval, the minutes of the proceedings held by the Planning Board and all other relevant documents and has complied with all requirements of law governing the giving, posting and publishing of the notice of intention to amend the Town A - 32 zoning.app, wp51 lzon, 1127193 Zoning Ordinance and to hold a public hearing in connection therewith for the purpose of this project, and 6. It has been determined that there is a need for an increase in renting housing in the Town of the type which will be afforded by the Manos development, and 7. Cornell University has been interested in the development of these lands because of their proximity to the South Hill Swamp and a parcel of land having ecological significance which is owned by Cornell University, Tax Parcel 6-44-1-3; but Cornell and the applicant have reached mutual agreement regarding pertinent aspects of the construction, development, and use of lands for the purposes of this project, including, amongst other matters, the setting apart by the applicant of a buffer zone, shown on the site plan filed in the office of the Town Engineer January 18, 1983, and containing approximately six acres, and adequate provisions for drainage and limitation on the construction and use of a twenty-five (25) foot lane in or adjacent to the buffer, and a further limitation on permitting pets and the use of herbicides, pesticides, chemicals and similar matters; THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The Town Attorney shall prepare an ordinance or local law which shall provide for the amendment of the Zoning Ordinance of the Town of Ithaca by changing the parcel consisting of 30+ acres, Tax Parcel 6-44-1-4.31 as shown on the maps and site plans submitted to and approved by the Planning Board and now on file in the Town Offices from Residential 15 to Multiple Residence, with particular reference to the following conditions and matters: A. The applicant shall submit a surveyor's map satisfactory to the Town Engineer and Town Attorney together with a proposed description which will sufficiently identify the rezoned parcel, and B. The project shall be constructed, developed and used in accordance with the site plans approved by and filed with the Planning Board, and in accordance with the site plans approved by and filed with the Planning Board, and in accordance with the final landscaping, engineering, and site plans which reflect all the concerns and requirements of the Planning Board concerning fire safety, environmental quality, energy efficiency, aesthetic suitability, screening and protection of parking areas, soil stabilization of disturbed grounds and other matters which fall within the Planning Board's properly delegated site plan review powers, and in accordance with the conditions of this resolution, and the conditions, provisions, and requirements of all applicable laws, ordinances, codes, rules and regulations, and C. With particular relevance to ecological matters, the applicant shall comply with the A - 33 zoning.app, wp51Izon, 1127193 requirements and mitigating measures set forth in Part III of the Environmental Assessment Form filed in the SEQR proceedings conducted by the Planning Board on January 18, 1983, [See amendments to these requirements contained in 1987 Local Law Number 3] and, without limiting the generality of any other provisions contained in this resolution, i. The applicant shall maintain the buffer zone consisting of about 6 acres on the westerly side of the applicant's lands as shown on the site plans and map; such parcel shall be maintained in its natural state and no trees or shrubbery shall be cut except as may be required by good forest management practices; no improvement shall be erected thereon and suitable signs shall be erected identifying the perimeter of the parcel and forbidding trespassing, and ii. The applicant may construct a driveway running northerly from East King Road along the easterly side of the said six acre parcel shown on the site plan and map; such road shall be constructed in accordance with the specifications of the Town Engineer and shall not exceed twenty-five (25) feet in width, and iii. The use of such driveway shall be limited to access for persons and vehicles to and from East King Road to the northerly portion of only those lands of the applicant which are the subject of this resolution and it may not be extended beyond the northerly boundary of such lands of the applicant, and iv. The driveway is for the benefit of the owner of the subject parcel and the occupants of such lands; no right to use such driveway for the benefit of or for ingress to or from any other land shall be permitted, and v. Applicant has informed the Town Board that he has an option to acquire adjacent lands on the north of the subject parcel, the descriptions and area of which have not been divulged to the Town; this section of the resolution is not intended to deprive the present applicant of his right to seek a review of the provisions concerning the driveway, whether in connection with an application for a site plan or subdivision approval or otherwise, and the proposed legislation should contain certain provisions that will insure that additional use of the driveway, as now approved, through the subject parcel shall be reviewed by the Planning Board, only if the present applicant seeks such review in connection with the acquisition of title to the adjacent lands on the north by the present applicant and that whether or not such additional use shall be permitted is not guaranteed in advance but shall be a matter of determination by the appropriate governmental body at the time, and vi. With the exception of pets such as birds, fish or caged animals, pets shall not be permitted on the premises; the intention of this restriction is to prohibit the presence of animals which may cause ecological damage to flora and fauna in the swamp area, and A - 34 zoning.app, wp51 lzon, 1127193 vii. The applicant's leases shall contain suitable provision prohibiting pets and advising occupants about the conditions against trespassing in the buffer area and stressing the importance of protecting the South Hill Swamp from any adverse impact because of unauthorized use by the public, and viii. The Applicant agrees to minimize the use of pesticides and other chemicals such as road salt or calcium throughout the project area in order to limit the possibility that significant levels may intrude into the groundwater of the South Hill Swamp and thereby alter the ecological balance within the sensitive area, and ix. The applicant agrees to consult and work with the staff of the Cornell Plantations or other Cornell representatives in order to insure the continued hydrological integrity and stability of the South Hill Swamp, and D. The proposed legislation shall provide that the change in zoning from Residential 15 to Multiple Residence District has been enacted by the Town Board on the condition that no buildings and residential units in excess of those approved by the Planning Board, and by this resolution, shall be permitted and that the construction, development and use must comply in all respects with the site plans and conditions of approval and rezoning adopted by the Planning Board and the Town Board and no variance in the construction, development and use of the parcel shall be permitted except as may be permitted by the Town Planning Board with the approval of the Town Board. E. The foregoing provisions shall also be deemed to be findings, agreements and conditions on the basis of which this resolution was adopted. F. This resolution does not constitute an amendment to the Zoning Ordinance but is instead an authority to the Town Attorney and Planning Staff to prepare suitable legislation relating to the above proposal, keeping in mind the matters concerning which the Town Board has particular concerns. A - 35 Zoning.app, wp51lion, 1127193 LOCAL LAW NO. 2 - 1984 A_LOCAL LAW AMENDING SECTION 1. OF ARTICLE II OF THE TOWN OF ITHACA ZONING ORDINANCE BY ADDING TO THE LIST OF PERMISSIBLE DISTRICTS WHICH MAY BE DESIGNATED AS SPECIAL LAND USE DISTRICT ¢LIMITED MIXED USEI. Section 1. This Local Law amends Section 1 of Article H of the Town of Ithaca Zoning Ordinance by adding to the list of permissible districts which may be designated as Special Land Use District (Limited Mixed Use). Section 2. The uses permitted in such district will be such a combination of the uses permitted in a residential and agricultural district and in Business Districts A, B, and E as the Town Board may permit. The diverse uses must be combined in a unified plan. Section 3. The establishment of any such district shall lie in the sole discretion of the Town Board, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a district shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such district. Section 4. The provisions of the Zoning Ordinance and Planning Board Regulations, as they may be amended from time to time, and any other regulations, orders, rules and resolutions shall apply to the establishment of any such district. In addition, the Town Board may impose such conditions and restrictions governing the establishment and regulating the use of land in any such district as the Town Board deems necessary and desirable. Section S. Subject to the provisions below, the procedures governing an application for site plan approval as provided in Section 46 and 46(a) shall apply except that: (a) Before submitting a general site plan to the Planning Board, the applicant shall submit the general site plan to the Town Board. (b) The Town Board, in its discretion, may require additional information, may refer the matter to the Planning Board for recommendation, or may establish a public hearing date on the proposed district. (c) No application for the establishment of any such district shall be referred to the Planning Board except by the Town Board. (d) The Town Board may impose other procedural requirements with respect A - 36 zoning.app, wp511zon, 1127193 to any application or with respect to a specific application as the Town Board may deem necessary and desirable. Section 6. Projects such as the Wiggins' "La Tourelle" Project, the Rocco Lucente Sapsucker Woods Project and the Lake Shore West Project which have been in the process of being reviewed by the Town Board and the Planning Board shall be deemed to have'been referred to the Planning Board and the Town Board may amend the Zoning Law to establish such Special Land Use Districts, if final approval or recommendation has been made by the Planning Board. Section 7. If any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 8. This law shall take effect immediately. A - 37 zoning.app, wp5llzon, 1127193 LOCAL LAW NO. 3 - 1984 A LOCAL LAW RELATING TO THE WALTER J. AND JOYCE Y. WIGGINS' LA TOURELLE DEVELOPMENT ON ITHACA-DANBY ROAD (ROUTE 96B) AMENDING THE ZONING ORDINANCE TO PERMIT CONSTRUCTION OF A BED AND BREAKFAST INN (as amended by Local Law 11 - 1988) WHEREAS 1. The Planning Board has extensively reviewed the proposed "La Tourelle" development of Walter J. and Joyce Y. Wiggins at public hearings duly and properly held during the Winter and Spring of 1984. 2. On June 5, 1984, the project was granted Final Site Plan Approval by the Planning Board. 3. All necessary environmental reviews have been completed, after which it was determined that the project would have no significant impact on the environment. 4. The Planning Board has determined that: (a) There is a need for the proposed use in the proposed location. (b) The existing and probable future character of the neighborhood will not be adversely affected. (c) The proposed change is in accordance with a comprehensive plan of development in the Town. 5. The Planning Board has recommended that the Zoning Ordinance be amended to permit this development as proposed and reviewed. NOW THEREFORE BE IT RESOLVED: 1. That Article II, Section 1, of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said Section a district designated as "Special Land Use District ##1". 2. In the event that the Town should further amend the Zoning Ordinance by adding to the list of permitted Districts a Special Limited Mixed Use District, the District described by this Local Law shall be designated as such a Mixed Use District. 3. The uses permitted in this Special Land Use District are: A - 38 zoning.app, wp511zon, 1127193 (a) Any use permitted in a Residential District R15. (b) The operation of a hotel or motel to be used as a Bed and Breakfast Inn, with site plan approval by the Planning Board. (c) The existing construction and use of that portion of the premises now used and occupied as the L'Auberge du Cochon Rouge restaurant and the Barn Apartments as shown on the final site plans and/or the survey map of "A Portion of the Lands of Walter J. and Joyce Y. Wiggins", dated July 3, 1984. 4. This Special Land Use District includes all lots and area requirements.of Residential District R15 except as modified below: (a) Side Yards: May not be less than 30 feet. (b) Spaces between Buildings: The distance between any two structures shall be no less than the average height of both, except that a shorter distance may be allowed if the resulting space is to be used and maintained as a fire lane. (c) Height: No structure shall be greater than 55 feet from the lowest point at grade to the highest point on the roof line. (d) Storeys: No more than two storeys. However, as many as four dwelling units may be constructed in the basement of the first phase of the development. 5. Notwithstanding the provisions of Section 3, above, the following particular covenants and restrictions shall govern the use of the lands in this Special Land Use District #1, otherwise known as "La Tourelle, a Bed and Breakfast Inn". (a) The only new construction and use permitted in the above district shall be a hotel or inn containing no more than 80 units for guests, and the following additional facilities, all of which construction may occur in phases: (i) Tennis courts, enclosed or otherwise. (ii) Swimming pools. (For guests of the inn) (iii) Cabanas or other similar accessory structures related to tennis courts and swimming. (iv) Pond or other body of water. (v) Restaurant or other food service establishment. (b) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the A - 39 zoning.app,wp51Izon, 1127193 grounds and construction of all outside facilities including lighting and signs shall be limited to those shown on the final site plan approved by the Planning Board, June 5, 1984, and subsequent amendments thereto approved by the Planning Board, and on other designs, architects' drawings, plans, and other documents submitted to and approved by the Planning Board, and shall be in accordance with all such documents. (c) A building permit is required for the construction of any structure or building on the premises included in the special land use district including construction of parking areas, swimming pools, signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design, specifications and site plan for such structures or buildings. (e) No portion of the outside area of the Special Land Use District shall be used for the service of food or beverages, nor any public assembly, nor dancing or musical activities; except as follows: (1) At any time subsequent to the adoption of this Local Law the Town Board may adopt regulations by resolution or by amendment of the Town Zoning Law to implement the provisions of this Local Law, which may also include a requirement that the owner or his duly authorized representative, obtain a special permit from a person designated by the Town Board for that purpose to permit the use of portions of the outdoors area in the immediate vicinity of the La Tourelle structure for limited, temporary or occasional serving of food and beverage for the guests of La Tourelle for special occasions such as weddings or other social occasions. Such regulations shall be adopted only after a public hearing has been held, notice of which has been published in the Official Newspaper, at least 5 days prior to such hearing and written notice thereof has been mailed or delivered personally to the owner of the above project, or to his duly authorized representative, and to such other owners of property, as the Town Board may direct. Until such time as such regulations may be adopted, the lands may be used for the outdoor activities, as described above, without a permit. (f) All ambient noise associated with the use of this property shall be regulated by Article VIII, Section 42 of the Zoning Ordinance. (g) Ingress and egress shall be through the driveway leading to state Highway Route 96B past the restaurant as shown on the final site plan and survey map dated A - 40 zoning.app, wp51Izon, 1127193 July 3, 1984. (h) All construction must comply with all applicable laws, codes, ordinances, rules and regulations. (i) These covenants may be enforced by the owner of any land lying within 500 feet of the boundaries of this district, and/or by the Town of Ithaca. {j) The above restrictive covenants shall run with the land and shall be incorporated in a document which shall be signed by the Owner and recorded in the Tompkins County Clerks Office. No portion of the building shall be occupied or otherwise used unless a valid Certificate of Occupancy has been issued. 6. This Special Land Use District shall be added and hereby is added to the Official Zoning Map of the Town of Ithaca at the location given in Schedule A below. 7. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 8. The Town reserves for itself, its agencies, and all other persons having an interest, all remedies and rights,to enforce the provisions of this law, including, without limitation, actions for an injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this law fails to comply with any of the provisions thereof. 9. This law shall take effect immediately. A - 41 zoning.app, wp51Izon, 1127193 SCHEDULE A: REVISED DESCRIPTION OF PORTION OF LAND OF WALTER J. AND JOYCE Y. WIGGINS TO BE REZONED Situate in the Town of Ithaca, County of Tompkins, State of New York. Beginning in the center line of New York State Route 96B at the southeast corner of lands of Laurent and Kaethe Bessou, designated as Tax Parcel No. 6-36-1-4.3: 1. Thence southerly along said center line 435' more or less, to the northeast corner of property of Irene Stout, designated as Tax Parcel No. 6-36-1-5; 2. Thence westerly 200' more or less, to the northwest corner of said Stout property; 3. Thence southerly 100' more or less, to the southwest corner of said Stout property and the north line of lands of Fairview Manor Realty Co., Tax Parcel No. 6-36-1-6; 4. Thence westerly in part along a northerly property line of lands of Fairview Manor Realty Co., and designated as Tax Parcel No. 6-36-1-6, 1100' to a point; 5. Thence northerly through the lands of Wiggins, 935' more or less to the southerly boundary of lands now or formerly of Anthony Leonardo, designated as Tax Parcel No. 6-37-2-20.2; 6. Thence easterly along Leonardo's southerly line 600' to a point; 7. Thence southerly, in part along the west line of Bessou's property (designated as Tax Parcel No. 6-36-1-4.3) 400' more or less to their southwest corner; 8. Thence easterly along Bessou's southerly line, 700' more or less to the center line of Route 96B and the Point of Beginning. Containing 20.3 acres, more or less. A - 42 zoning.app,wp5llzon, 1127193 LOCAL LAW NO. 4 - 1984 A LOCAL LAW RELATING TO ROCCO LUCENTE - SAPSUCKER WOODS ROAD SUBDIVISION AMENDED TO THE ZONING ORDINANCE TO PERMIT CONVERSION OF 14 DWELLING UNITS (as amended by Local Law 6 - 1985) RESOLVED: That the Town Board of the Town of Ithaca enact and hereby does enact this Local Law to amend the Zoning Ordinance of the Town of Ithaca to permit the 14 existing buildings located at 108 through 230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No. 6-70-10-3.12 through 6-70-10-3.25, owned by Rocco Lucente and more particularly described in Schedule A of this Resolution, to be modified to permit the conversion of each existing building to no more than four (4) dwelling units subject to the following terms and conditions: 1. ZONE DESIGNATION OF AREA The area covered by this Local Law shall remain Residence District R15 and all provisions of the Town Zoning Ordinance, as amended, shall govern, except as otherwise modified by this resolution or any law or ordinance adopted pursuant thereto. 2. CONVERSION OF DWELLING UNITS Each of the 14 buildings may be converted into no more than four (4) dwelling units, consisting specifically of two (2), two-bedroom dwelling units and two (2), one-bedroom dwelling units, as more particularly shown on the final building plan and final site plan approved by the Planning Board and subject to any other requirements of the Planning Board, and the Town Board. 3. CONVERSION PERIOD (a) The conversion of the 14 structures must be completed within five (5) years of the adoption of this Local Law. Any structure which has not been converted within this five (5) year period may not be later converted or remodelled to contain more than two (2)dwelling units and the present owner, Rocco Lucente, or any of his successors, distributees, assigns, or other transferees, shall have waived and surrendered any prior right to rent, and he or they are specifically prohibited from renting, such building to a greater number of occupants, including unrelated occupants, than is allowed in a Residence District R15 for two (2) family houses, under the current provisions of the Town Zoning A - 43 zoning.app, wp5llion, 1127193 Ordinance as of the date of the adoption of this Local Law. (b) The process of conversion shall be planned so that there shall be no more than four(4)structures uncompleted at any time, except that the planting of trees and shrubbery on any lot maybe postponed to a more favorable season, but no more than twelve (12) months after completion of the conversion. 4. OCCUPANCY RESTRICTIONS (a) Except as stated in paragraph 3(a), occupancy of each of the two (2) one- bedroom dwelling units in any converted structure shall be limited to one household (or family), which is defined either as 'any number of persons related by blood or marriage, including adopted children' or 'no more than two unrelated persons occupying a single dwelling unit.' (b) Except as stated in Paragraph 3(a), each of the two (2) two-bedroom dwelling units in any converted structure shall be occupied by no more than one household or family, as described above, plus one unrelated person. (c) After the conversion, remodelling, or modification of any such structure has begun pursuant to a valid building permit, the structure shall not be occupied or leased other than in conformance with the requirements of this Resolution. 5. CONVERSION INTO LESS THAN FOUR UNITS In the event any structure is, at any time, converted to less than four dwelling units, the conversion shall be final, and any such structure shall thereafter contain no more than such lesser number of units into which the building was converted and the number of such dwelling units in such structure shall not be thereafter increased. For example, any structure converted into 3 or 2 dwelling units shall thereafter continue to be used and occupied only as a 3 or a 2 dwelling unit structure, as the case may be. 6. DESTRUCTION OF BUILDING If any converted building is partially or substantially destroyed or damaged by fire or other "act of God," the owner may rebuild a structure of similar design and dimensions, having no more than the number of dwelling units it contained immediately prior to such damage or destruction. 7. OWNER OCCUPANCY A - 44 zoning.app, %p51Izon, 1127193 At least one dwelling unit in each of the structures, after any conversion as provided herein, shall, within twenty-four months of the issuance of a Certificate of Occupancy issued in connection with such conversion be owner-occupied. Such owner, however, must qualify as a household (or family)as defined herein. If, thereafter, a structure is not occupied by the owner then the structure may be occupied only as permitted by the regulations of a Residential District R-15 for a two-family dwelling as if this amendment to the Zoning Ordinance had not been adopted. Notwithstanding the foregoing, however, after the premises have been owner-occupied for at least four consecutive years, at the owner's option the premises may be leased and non- owner occupied for a period of up to twelve months out of each consecutive periods of sixty months. 8. PARKING (a) Parking of automobiles may be permitted in the front yard in areas designated therefor. (b) The number of automobiles and the spaces which shall be provided for each building shall be six (6), at least 2 of which shall be in an enclosed garage and the remainder of which shall be parked in the front yard. No more than one automobile shall be parked in each space. (c) The location and materials of each parking space and driveway shall be located and constructed in accordance with the requirements of the Town Planning Board as shown on the final,approved site plan, or as otherwise provided by the Planning Board. (d) Parking spaces and driveways must be maintained in good repair and neat condition at all times. 9. RESTRICTIVE COVENANTS AND OCCUPANCY (a) No building shall hereafter be occupied by any occupant either as an owner, or his household or family or his lessee, until: (1) A document containing restrictive covenants substantially as provided herein and containing such additional provisions as may be reasonably required to carry out the purposes of this law shall have been signed and acknowledged by the present owner, Rocco Lucente, and recorded in the Tompkins County Clerk's Office. A - 45 zoning.app, wp5llzon, 1127193 (2) A Certificate of Occupancy has been issued by the Town for each dwelling unit in the structure. (b) Such covenants and restrictions shall run with the land and may be enforced by any one or more of the following: (1) The Town Board. (2) Any owner of any of the lots (2-15) covered by this law. (c) The restrictive covenants and all other provisions of this law shall bind Rocco Lucente, his heirs, distributees, successors and assigns or any other person who may now have interest in the title of the land. 10. INVALIDITY AND SEVERABILITY In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 11. DEFINITIONS (a) The words "structure" and "building" may be used interchangeably. (b) The words "owner-occupied" means occupancy by the deed owner of record of the premises. In any action to enforce any violations of these provisions, any relief obtained against the record owner of the premises, such as injunction, damages, or declarations, shall be binding upon all persons having any interest in the property, beneficial or otherwise, or any persons having a lien on the property derived through the record owner. 12. ENFORCEMENT The Town reserves for its agencies, and all other persons having an interest, all remedies and rights to enforce the provisions of this law, including without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of any of the parcels covered by this law fails to comply with any of the provisions thereof. 13. This law shall take effect immediately. A - 4b zoning.app, wp51 tzon, 1127193 SCHEDULE A Description of Land of Rocco Lucente on Sapsucker Woods Road. The area to which the provisions of this law apply is located on the West side of Sapsucker Woods Road, and consists of 14 lots (Lots 2 to 15 inclusive), shown on the survey map of the "Rocco Lucente Subdivision on the West side of Sapsucker Woods Road" made by Carl Crandall, C. E., dated April 8, 1967, a copy of which is on filed in the Office of the County Clerk. The area begins on the West side of Sapsucker Woods Road at a point which is the Northeast corner of Lot 1 as shown on said map, which is 250 feet north from the intersection of the West line of Sapsucker Woods Road and the North line of Hanshaw Road; thence North 1427 feet, more or less, along the street line to the Northeast corner of Lot 15; thence to the Northwest corner of Lot 15; thence South along the West line of Lots 15-11 inclusive, 497.5 feet, more or less, to the Southwest corner of Lot 11; thence East about 25 feet to the Northwest corner of Lot 10; thence South along the West line of Lots 2-10 inclusive, 950 feet, more or less, to the Northwest corner of Lot 1; thence East along the North line of Lot 1, 175 feet to the place of beginning. A - 47 zoning.app, wp5l lzon, 1127193 LOCAL LAW NO. 4 - 1986 TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT THE BIGGS COMPLEX OWNED BY TOMPKINS COUNTY. The Zoning Ordinance of the Town of Ithaca as re-adopted, amended and revised effective February 26, 1968, be further amended as follows: 1. Article II, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 3." 2. The uses permitted in this Special Land Use District No. 3 are: (a) any.use permitted in an R9, R15, R30 or Multiple Residence District. (b) any use permitted in an Agricultural District. (c) any use permitted in an A, B or E Business District (Restaurant use only). 3. Notwithstanding the foregoing, no uses otherwise permitted shall be allowed in such district if the uses produce offensive noise, odors, smoke, fumes, vibration, glare, electronic interference, radiation, or if the use involves substances or devices that may cause harm due to their hazardous nature. No uses shall be permitted if not pursuant to and consistent with a unified plan for the entire Special Land Use District as the same may be initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. 4. Any use in this district shall be governed by all of the requirements, including sideyards, setbacks, building coverage, accessory uses, and similar requirements, of the most restrictive district(other than this Special Land Use District(Limited Mixed Use))in which such use is permitted by other terms of this ordinance, except that the number of parking places required shall be the number presently provided unless the Planning Board, in its discretion, determines parking is inadequate in which event the number of parking places shall be increased to the number designated by the Planning Board up to the maximum that would otherwise be required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. 5. In addition to the requirements and restrictions imposed by any other district, there shall be no new construction in this Special Land Use District unless and until all of the A - 48 zoning.app, wpSlIzon, 1127193 requirements of this ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of this ordinance: (a) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance. (b) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications therefore. (c) No further construction will occur until a new access roadway has been built by Tompkins County from station 10+00 west of and through parcel P4 as shown on the map referred to in Schedule A to this local law to connect to the two-way driveway presently extending from the southeast corner of parcel P3 as shown on said map to Indian Creek Road according to a mutually agreeable location and specifications acceptable to the Town Board of the Town of Ithaca, and until utility easements to serve properties to the north and west of lands of Tompkins County be granted for water and sewer extensions from existing on-site utility locations and more specifically to the former Gilcher property and to Indian Creek Road at locations and upon terms and specifications satisfactory to the Town Board. (d) No new construction and no additional occupancy of the existing buildings in this Special Land Use District shall be permitted if the Planning Board, in its discretion, determines that present arrangements for on-site parking are inadequate until sufficient on-site parking spaces are provided in an amount required by the Planning Board up to the maximum required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. (e) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. 6. The area encompassed and rezoned in accordance with this local law to Special Land A - 49 zoning.app, wp511zon, 1127193 Use District No. 3 is described on Schedule A to this local law. The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. 7. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 8. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. A - 50 zoning.app, wp511zon, 1127193 SCHEDULE A DESCRIPTION OF PORTION OF LANDS OF TOMPKINS COUNTY BEING REZONED SPECIAL LAND USE DISTRICT NO. 3 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, more particularly described as follows: COMMENCING at a point in the access road to the Tompkins County Biggs facility which point of beginning is located 91.99 feet south 23 degrees 11 minutes 36 seconds east from a "PK" nail located in the center line of Indian Creek Road at the intersection of said center line with the center line of said access road; running thence south 76 degrees 49 minutes 53 seconds east 229.21 feet along the center line of a service road; running thence on a curve to the right along the center line of said service road with a chord direction of south 63 degrees 33 minutes 19 seconds east and a chord distance of 287.27 feet to a point; running thence south 50 degrees 49 minutes 47 seconds east along the center line of said service road 112.53 feet to where said center line intersects with the center line of another service road; running thence south 15 degrees 36 minutes 25 seconds east along the center line of a service road 269.33 feet to a point; running thence south 74 degrees 37 minutes 45 seconds west 68.12 feet to an iron pipe; thence running south 15 degrees 21 minutes 36 seconds east 155.9 feet to an iron pipe; running thence north 74 degrees 29 minutes 53 seconds east 67.47 feet to a point; running thence on a curve to the left and then a slight curve back to the right with a combined chord distance of south 49 degrees 9 minutes 39 seconds east and a chord distance of 209.49 feet which line runs along the center line of said service road to its intersection with the center line of another service road; running thence northerly on the center line of the service road and past the gas regulating house on a curve first to the right and then slightly to the left, the combined chord being in a direction of north 16 degrees 40 minutes 5 seconds east with a chord distance of 344.8 feet to a point of juncture between the center lines of two service roads; running thence on a slight curve to the left along the center line of one of said service roads a chord direction of north 85 degrees 5 minutes 49 seconds east and a chord distance of 114.48 feet to a point; running thence along the center line of said road on a chord direction of north 69 degrees 42 minutes 24 seconds east and a chord distance of 99.87 feet to a point; continuing along the same center line a chord direction of north 52 degrees 6 minutes 42 seconds east a chord distance of 99.89 feet to a point; running thence along the center line a further distance of 16.29 feet to a point; running thence south 3 degrees 42 minutes 28 seconds east 645.48 feet to a point; running thence south 32 degrees 41 minutes 49 seconds east 88.47 feet to an iron pipe; running thence south 74 degrees 38 minutes 43 seconds west 403.55 feet to the center line of a service road; running thence south 14 degrees 3 minutes 25 seconds east along the center line of said road approximately 20 feet to a nail set in the middle of the road; running thence south 74 degrees 34 minutes 8 seconds west south of the old Hospital Building a distance of 296.25 feet to an iron pipe; running thence south 15 A - 51 zoning.app, wp51 lzon, 1127193 degrees 22 minutes 41 seconds east on a line parallel to a wing of the old Hospital and approximately 40 feet distant therefrom a distance of 121.86 feet to an iron pipe; thence running north 74 degrees 23 minutes 51 seconds west and passing 3 feet southerly of the old Hospital Building a distance of 404.3 feet to an iron pipe; running thence north 22 degrees 38 minutes 46 seconds west approximately 260 feet to a monument; running thence north 19 degrees 0 minutes 26 seconds west 338.44 feet to an iron pipe; running thence on the same bearing a distance of 12 1.10 feet to an iron pipe; running thence north 81 degrees 15 minutes 52 seconds east 227.82 feet to an iron pipe; continuing on the same bearing 25 feet to the center line of a service road; running thence on a slight curve to the left with a chord bearing north 15 degrees 32 minutes 48 seconds west and a chord distance of 273.27 feet, said course running along the center line of said service road to a point; thence north 23 degrees 11 minutes 36 seconds west along the center line of said service road 537.96 feet to the point or place of beginning. The description set forth above is based upon a map entitled "Subdivision Map of Lands of the County of Tompkins N.Y.S. Route 96, Trumansburg Road, Town of Ithaca, Tompkins County, New York," dated August 1, 1984, amended April 24, 1985, made by T. G. Miller Associates, P.C., marked to show Proposed Mixed Use Zone June 2, 1986 and is intended to include parcels designated P3, P4, P6, P7A, P8A, and P9, a copy of which map is on file with the Planning Department of the Town of Ithaca. Containing approximately 22.2 acres of land, more or less. A - 52 zoning.app, wp5llzon, 1127193 LOCAL LAW NO. 1 - 1987 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER CORNELL UNIVERSITY STATLER WEST COMPLEX (as amended by Local Law No. 5 - 1987). The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and thereafter further amended, be further amended as follows: 1. Article II, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 4" 2. The uses permitted in Special Land Use District No. 4 are: (a) any use permitted in an R-15 residence district; (b) business offices or professional offices, such as medical offices and laboratories (subject to the further provisions stated herein); (c) art gallery; (d) up to two residential apartments. 3. Notwithstanding the foregoing, no uses otherwise permitted shall be allowed in such district if the uses produce offensive noise, odors, smoke, fumes, vibration, glare, electronic interference, radiation, or if the use involves substances or devices that may cause harm due to their hazardous nature. No uses shall be permitted if not pursuant to and consistent with a unified plan for the entire Special Land Use District as the same may be initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. 4. Any use in this district shall be governed by all of the requirements, including parking, sideyards, setbacks, building coverage, accessory uses, and similar requirements, of the most restrictive district (other than this Special Land Use District (Limited Mixed Use))in which such use is permitted by other terms of this ordinance. 5. In addition to the requirements and restrictions imposed by any other district, there shall be no new construction in this Special Land Use District unless and until all of the requirements of this ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of this ordinance: A - 53 zoning.app, wp5llzon, 1127193 (a) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance. (b) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications therefore. (c) No new construction and no additional occupancy of the existing buildings in this Special Land Use District shall be permitted if the Planning Board, in its discretion, determines that present arrangements for on-site parking are inadequate until sufficient on-site parking spaces are provided in an amount required by the Planning Board up to the maximum required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. (d) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. 6. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 4 is described on Schedule A to this local law. The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. 7. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 8. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. A - 54 zoning.app, wp511zon, 1127193 SCHEDULE A DESCRIPTION OF PORTION OF LANDS OF CORNELL UNIVERSITY BEING REZONED SPECIAL LAND USE DISTRICT NO. 4 ALL THAT TRACT,OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, being located on New York State Route 96 in said Township and being more particularly described as follows: COMMENCING at the southwest corner of premises reputedly owned by Paleontological Research, Inc. (see deed recorded in the Tompkins County Clerk's Office in Book 464 of Deeds at Page 405), which point is also a northwest corner of premises reputedly owned by Cornell University as shown on a map entitled "Proposed Special Land Use District for J. Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated December 17, 1986, by J. W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands of Cornell University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S. 42000, which corner is an east line of New York State Route 96; running thence north 68 degrees 48 minutes east along a southwesterly line of the Paleontological Research premises a distance of 710.22 feet to an iron pipe; running thence south 46 degrees 30 minutes east passing through an iron pipe at 317.18 feet a total distance of 405 feet to an iron pipe; running thence south 10 degrees 10 minutes east 241.76 feet to an iron pipe; running thence on a slight curve to the left with a chord distance of 230.24 feet on a bearing of south 64 degrees 57 minutes west with a radius of 448.26 feet to an iron pipe; running thence south 50 degrees 4 minutes west 321.76 feet to a point in the east line of New York State Route 96; running thence north 43 degrees 56 minutes west passing through an iron pipe at 438.88 feet a total distance of 784.08 feet to the point or place of beginning. The above description is based upon a map entitled "Proposed Special Land Use District for J. Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated December 17, 1986, by J. W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands of Cornell University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S. 42000, a copy of which map is on file with the Planning Department of the Town of Ithaca. Containing approximately 10.2 acres of land, more or less. A - 55 zoning.app, wp51 tzon, 1127193 LOCAL LAW NO. 6 - 1987 A LOCAL LAW TO AMEND THE ZONING ORDINANCE BY REZONING A PORTION OF LAND AT 136-146 SEVEN MILE DRIVE FROM R-30 (RESIDENTIAL DISTRICT) TO RR5(MOBILE HOME PARK DISTRICT) (as amended by Local No. 1 - 1992) The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968 and subsequently amended, be further amended as follows: 1. The zoning map dated July 1, 1954, as amended to date, is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from residence district R-30 to residence district R-5 (mobile home park district). 2. The area so rezoned is subject, in addition to the conditions set forth in Article II-A to the following additional conditions: (a) A buffer zone 30 feet in depth from the right of way of Seven Mile Drive be established within one year from the effective date of this local law. (b) The density of the present, non-conforming, existing mobile home park, be reduced from 24 to 22 mobile homes within one year from the effective date of this local law and to 20 mobile homes within three years of the effective date of this local law. (c) The total number of mobile homes within the area being rezoned (including the existing park and the planned expansion of same) shall not exceed 65. (d) The expansion of the park shall occur in phases. The first phase shall consist of no more than ten new units plus removal of up to two units from the existing park to the proposed expansion area. Building permits for no more than such twelve new units may be issued during the first year following enactment of this local law. After such twelve building permits are issued and mobile homes installed with respect to all of such permits, no further building permits shall be issued until (i) The developer, in cooperation with the Town of Ithaca Engineer and the Tompkins County Health Department, conducts such tests as the Town Engineer may reasonably require to determine the impact of the additional units on the water and septic systems of the Park and surrounding neighbors; and (ii) The Town Engineer reports to the Planning Board the results of such tests; A - 56 zoning.app, wp51 lion, 1127193 and (iii) The Planning Board is reasonably satisfied that the addition of such twelve units has not had a significant adverse impact(a) upon the quality and adequacy of water for the remainder of the Park and for the surrounding landowners (or if a significant impact is found, such impact will be ameliorated by the imminent availability of public water) or(b)upon the quality, adequacy, and effectiveness of the septic systems for the Park and surrounding neighbors; and (iv) The Planning Board is reasonably satisfied that the addition of up to ten more units (Phase Two units) will have no such significant impact in the future upon water supplies and septic systems. Upon making such determination, and subject to such other additional conditions as the Planning Board may reasonably impose, the developer may be authorized by the Planning Board to install up to ten more new units in accordance with final site plan approval from the Planning Board for Phase II of the development, and up to ten more building permits may thereafter issue for same. No more than the ten permits for Phase II shall be issued until completion of Phase I1 and the developer has again conducted tests as required upon completion of the first phase of ten units and two relocated units and the same procedures are again followed and the same determinations are again made with respect to there being no significant impact on water supplies and septic systems from the already constructed units and the planned final ten units. If the Planning Board finds no such significant impact has or will occur, and otherwise approves a final site plan for Phase III, the developer may receive building permits for up to ten final units to the extent authorized and approved by the Planning Board and upon such conditions as may be reasonably imposed by the Planning Board. If the Planning Board finds that no significant impact has occurred by reason of the installation of the first 52 units hereunder (inclusive of the original park area) and the Planning Board further finds that there will be no further significant impact by the installation of up to 13 additional units, the Developer may receive building permits for 13 additional units to the extent authorized and approved by the Planning Board upon such conditions as may be reasonably imposed by the Planning Board and upon the conditions set forth herein. As a condition of issuing such permits, the Planning Board may require tests and findings similar to those required as a pre-requisite to the issuance of any permits in Phase I, Phase II, or Phase III. A - 57 zoning.app, wp511zon, 1127193 In addition to any conditions imposed by the Planning Board, the granting of any permits for installation of more than 52 mobile homes in the mobile home park shall be subject to the following additional conditions: (i) All mobile homes in the mobile home park, including any new mobile homes to be installed and any mobile homes installed prior to the enactment of Local Law No. 6 for the year 1987 and any amendments thereto, shall be connected to municipal water no later than December 31, 1992. (ii) Connections to the municipal water supply will be in conformance with New York State Department of Health Requirements, Southern Cayuga Lake Intermunicipal Water Commission Regulations and all Town of Ithaca laws, rules and regulations including the Town of Ithaca Cross-Connection Control Law. (iii) Immediate connection to municipal sewers will be required for all new mobile home lots or other construction. (iv) Connection of existing lots with currently functional on-site disposal systems to municipal sewers will be completed by August 1, 1997. Connection of lots served by inadequate on-site sewage disposal facilities, as determined by the Tompkins County Health Department, will be completed within one month of the failure of the system or whenever directed by the Town Board or Tompkins County Health Department, whichever is earliest. (v) Sewage treatment billings may, at the option of the Town, be reduced in proportion to the number of unsewered lots for a period of time up to August 1, 1997. The rate of adjustment will be computed by the Town Engineer based on the percentage of unsewered lots in the Park (initially the sewage billings would be reduced by 52/65 assuming 13 new sewered lots and no other sewer connections). Notwithstanding the foregoing, sewer benefit assessment charges would be calculated without reduction (i.e. 65 sewer units would be charged assuming construction of all 13 new lots). (e) The existing park driveway be reconstructed upon completion of Phase I of the proposed mobile home park expansion, or within one year of the effective date of this local law, whichever is earlier, as may be specified by the Planning Board, including specifications as to width,parking, surface construction, and granting any final site plan approvals of any of the phases. A - 58 zoning.app, wp51Vzon, 1127193 (f) Proper erosion control measures be practiced during project development. (g) The owner of the area being rezoned enter into an agreement in form and substance satisfactory to the Town of Ithaca Planning Board and the Town Attorney submitting the entire area to be rezoned (including the existing mobile home park) to the conditions contained in this local law, and, to the extent not modified by this local law, to the requirements of Article II-A of the Town of Ithaca Zoning Ordinance or any successor statute, with such modifications applicable to the existing non-conforming park as the Town of Ithaca Planning Board may approve in approving the final site plan for the expanded park and including those modifications set forth in the resolution of the Town Planning Board relating to this project dated December 2, 1986. Such agreement shall be in a form as to permit its recording in the Tompkins County Clerk's Office and shall be recorded in such office at the owner's expense within ten days of final site plan approval of the first phase by the Town Planning Board. (h) The owner of the rezoned area provide an "as built" site plan of the existing mobile home park in form and substance satisfactory to the Town of Ithaca Planning Board showing the mobile homes, lots, utilities, roads, and other items reasonably required by the Board. Such plan shall be submitted before final site plan approval of any new lots. (i) All refuse and debris, including especially any inorganic items (pipes, sheetmetal, cans, etc.), be removed from the existing park and the planned expansion of the park, or stored only in closed garbage containers located as approved by the Town of Ithaca. Planning Board, before any building permits are issued for the new park. 0) The mobile home park (both existing and the planned expansion of same) be kept free of refuse and debris. (k) If the operator of the mobile home park fails to comply with the requirements set forth in this local law, without limiting other remedies available to the Town of Ithaca, the Town may withhold an annual operating permit as well as any future building permits until the premises and the owner are in full compliance with the conditions set forth in this local law and the requirements of the Town of Ithaca Zoning Ordinance. (1) A final site plan containing such details and information as may be required by the Town of Ithaca Planning Board be submitted to and approved by such Board pursuant to Section 46-a of the Zoning Ordinance, as if this were the creation of a Special Land Use District. A - 59 zoning.app, wp5llzon, 1127193 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 4. This law shall take effect 20 days after its adoption or upon the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. A - 60 zoning.app, wp51 lzon, 1127193 SCHEDULE A DESCRIPTION OF LANDS BEING REZONED FROM R-30 TO R-5 ON SEVEN MILE DRIVE ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, more particularly described as follows: COMMENCING at a point in the center line of Seven Mile Drive which point is approximately 1,472 feet northerly along the center line of Seven Mile Drive from its intersection with the center line of New York State Route 13 and which point of beginning is in a southeasterly corner of premises presently owned by Paul Jacobs; running thence north 89 degrees 55 minutes 30 seconds west along the southerly line of said Jacobs parcel approximately 1,206 feet to a southwesterly corner of said Jacobs parcel; running thence north 3 degrees 5 minutes 29 seconds west along a westerly line of said Jacobs parcel a distance of approximately 444 feet to a corner in said property; running thence south 89 degrees 49 minutes west 120 feet to a point, which point is approximately 1,135.82 feet easterly of the center line of Calkins Road; running thence north 0 degrees 11 minutes west parallel to the center line of Calkins Road a distance of approximately 209.1 feet to a point in the north line of premises owned by Jacobs; running thence north 89 degrees 49 minutes east along said north line of Jacobs 1,075.66 feet to a point which point is located 250 feet south 89 degrees 49 minutes east from the center line of Seven Mile Drive and which point is marked by an iron pin; running thence south 54 degrees east between said barn and garage a distance of 180 feet to an iron pin; running thence north 89 degrees 49 minutes east passing through an iron pin at 224.20 feet a total distance of 250 feet to the center line of Seven Mile Drive; running thence south 0 degrees 54 minutes east along the center line of Seven Mile Drive a total distance of .478.02 feet the point or place of beginning. The description set forth above is based upon two maps, one entitled "Map of Survey Portion of Lands Owned by Paul A. and Linda S. Jacobs" dated April 26, 1986, revised July 31, 1986, surveyed and mapped under direction of Richard L. McDowell, Jr. and a general site plan entitled "Addition to College View Mobile Horne Park, Paul Jacobs, Seven Mile Drive, Ithaca, New York, 14850" dated November 20, 1986, made by William F. Albern, P.E., copies of which maps are on file with the Planning Department of the Town of Ithaca. Containing approximately 18 acres of land, more or less. A - 61 zoning.app, wp5l lion, 1127193 LOCAL LAW NO. 10 - 1987 A LOCAL LAW TO AMEND THE ZONING ORDINANCE REZONING THE FORMER ODD FELLOWS CARRIAGE HOUSE FROM RESIDENCE DISTRICT R-30 TO MULTIPLE RESIDENCE DISTRICT. The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. The Zoning Map dated July 1, 1954, as amended to date, is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from Residence District R-30 to Multiple Residence District. 2. The area so rezoned is subject, in addition to the conditions set forth in Article 6 of the Zoning Law to the following additional conditions: (a) There shall be no more than seven dwelling units permitted on said land. (b) No dwelling unit will be occupied by any more than three unrelated persons and the entire premises will not be occupied by any more than a total of 21 people, related or otherwise. (c) There shall be filed with the Town Clerk of the Town of Ithaca and with the Tompkins County Clerk a Declaration of Restrictive Covenant, in form and substance satisfactory to the Town Attorney, limiting the occupancy in the manner set forth above. (d) The execution by the developer of appropriate easements, subject to the approval by the Town Attorney, such that there be one-way ingress at the southern Statler West Complex gate for the Multiple Residence District created by this local law, the Mayer School, and the former Odd Fellows Infirmary, and such that there be egress from the northerly gate of the Statler West Complex, until such time as a road is constructed along the 60-foot right of way located adjacent to the northerly line of the premises being rezoned to Multiple Residence by this local law. These easements may be modified in the discretion of the Town of Ithaca Planning Board after review of a revised site plan showing the proposed modification. A - 62 zoning.app, wp511zon, 1127193 (e) There will be no construction of additional buildings on the area rezoned to Multiple Residence District except small accessory buildings as are shown on a site plan for the Multiple Residence District approved by the Town of Ithaca Planning Board. 3. This local law shall take effect upon its filing with the Secretary of State or 20 days after its adoption, whichever is later. A - 63 zoning.app, wp511zon, 1127193 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being known generally as Ithaca Tax Parcel 6-24-3-3.3 located on Trumansburg Road and is more particularly described in accordance with the map entitled "Final Plat Proposed Subdivision Lands of Cornell University" dated August 26, 1986 made by Milton A. Greene, a copy of which final plat is on file with the Town of Ithaca Planning Office as follows: COMMENCING at an iron pipe in the easterly line of New York State Route 96 which iron pipe and point of beginning is located the following courses and distances from the intersection of the center line of New York State Route 96 and Bundy Road: (f) northwesterly along the center line of New York State Route 96 approximately 1649.0 feet; (g) thence north 66 degrees 46 minutes east 35.28 feet to the easterly line of New York State Route 96; (h) thence north 43 degrees 56 minutes west along the easterly line of New York State Route 96 to the iron pipe at the point of beginning, which iron pipe is in the southwesterly corner of the lands hereinafter described and in the northwesterly corner of a 1.47 acre parcel denominated "Parcel No. 3" on said map. Running from said point of beginning the following courses and distances: (a) north 56 degrees 36 minutes east 419.03 to an iron pipe; (b) north 10 degrees 10 minutes west 168.26 feet to a point in the southerly line of an area reserved for future access road; thence on a curve to the left an arc distance of 201.7 feet, said curve having a radius of 448.26 feet and a chord distance of 199.42 feet on a bearing of south 64 degrees 57 minutes west to a point; (c) south 50 degrees 4 minutes west 317.56 feet to a point; (d) south 43 degrees 56 minutes east 150 feet along the easterly line of New York State Route 96 to the point.or place of beginning. It is the intent to describe Parcel No. 2 as shown on the above mentioned map being approximately 1.83 acres and the parcel shown as having a cottage on said map. A - 64 zoning.app, wp511zon, 1127193 LOCAL LAW NO. 2 - 1988 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT 904-906 EAST SHORE DRIVE FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE (as amended by Local Law No. 4- 1988). The Zoning Ordinance of the Town of Ithaca as readopted, amended, and revised effective February 26, 1968, and thereafter further amended, be further amended as follows: 1. Article H, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 5." 2. The uses permitted in Special Land Use District No. 5 are: (a) Any use permitted in a R-15 residence district; (b) Professional offices for occupancy by non-profit entities (subject to the further provisions stated herein); and (c) Visitors information center or tourism center for the area, in either instance operated by a not-for-profit or municipal entity. 3. Notwithstanding the foregoing, no uses shall be permitted if not pursuant to and consistent with a unified plan for the Special Land Use District (Limited Mixed Use) as such is initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. 4. Any use in this district shall be governed by all of the requirements, including parking, sideyards, setbacks, building coverage, accessory uses, and similar requirements(except for permitted occupancies which shall be only as set forth above) relating to an R-15 residence U1 U AA. 5. In addition to the requirements and restrictions imposed above there shall be no new construction in this Special Land Use District unless and until all of the requirements of this ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of this ordinance: (a) The exterior design, specifications, and plans for the buildings and other A - 65 zoning.app, wp511zon, 1127193 improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting, drainage plans, landscaping, signage, and traffic circulation approved by the New York State Department of Transportation shall have been shown on a final site plan approved by the Planning Board. Any construction thereafter shall be in accordance with said site plan as finally approved. in determining whether or not to approve the site plan,in addition to the requirements set forth specifically relating to this Special Land Use District No. 5, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance. (b) Building permits shall be required for any construction, including construction of signs, walls, and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for any items for which a building permit is sought. (c) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. 6. In addition to the requirements and restrictions set forth above occupancy and use of the premises shall be further limited as follows: (a) No building permit shall be issued until a plan shall have been submitted to the Planning Board and approved by the Planning Board showing adequate parking and access to be maintained within the district. (b) Once constructed, any building on the premises shall have no more than ten persons employed in the building at any one time. (c) No activities will be conducted in the Special Land Use District between the hours of 10:30 P.M. and 7:00 A.M. (d) No activities will be conducted in said Special,Land Use District which will cause disturbing noise, odors, or glare to any adjacent landowners. 7. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 5 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. A - 66 zoning.app, wp5l lion, 1127193 8. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 9. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. A - 67 zoning.app, wp51Izon, 1127193 SCHEDULE A DESCRIPTION OF ENLARGED SPECIAL LAND USE DISTRICT NO. 5 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: COMMENCING at a point in the center line of East Shore Drive, State Route 34, at or near the northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at page 274) which premises are known generally as the site of the Ithaca Youth Bureau; running thence northerly and along the center line of East Shore Drive 60 feet to the southeast corner of lands reputedly of Leo M. Wells (see 379 Deeds 410); continuing northerly along the center line of East Shore Drive a distance of 79.5 feet to the northeast corner of said Wells property and also the southeast corner of other premises reputedly owned by Wells (see Liber 466 of Deeds at page 230); continuing northerly along the center line of East Shore Drive 117.3 feet to the northeast corner of said second Wells parcel; running thence southwesterly and along premises now or formerly reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet to the east line of premises now or formerly of the Lehigh Valley Railroad Company; thence southwesterly along the easterly line of said railroad company a distance of approximately 141 feet to a point; thence southerly running along the westerly line of the second Wells parcel described above; the first Wells parcel described above and the premises now or formerly of Bowman (see Book 585 of Deeds at page 594) a total distance of 82.8 feet to a point, which point is the southwest corner of said Bowman parcel; running thence easterly and in part along the City of Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel a total distance of 264 feet to the east line of East Shore Drive; continuing thence in the same direction a distance of approximately 33 feet to the center line of East Shore Drive at the point or place of beginning. A - 68 zoning.app, wp511zon, 112719.3 LOCAL LAW NO. 2 - 1989 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT(LIMITED MIXED USE)FOR THE INDIAN CREEK RETIREMENT COMMUNITY ON TRUMANSBURG ROAD OWNED BY CMH ASSOCIATES The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 6". 2. The uses permitted in this Special Land Use District No. 6 are: (a) Detached one-family dwellings. One family dwellings may be occupied by not more than (i) an individual, or (ii) a family, or (iii) a family plus one additional boarder, roomer, lodger or other occupant, or (iv) two individuals, boarders, roomers, lodgers or other occupants. (b) Detached two-family dwellings. Each dwelling unit in the two-family dwellings may be occupied by not more than (i) an individual, or (ii) a family, or (iii) a family plus one additional boarder, roomer, lodger or other occupant, or (iv) two individuals, boarders, roomers, lodgers or other occupants. (c) Attached single-family units aggregated together in one or more buildings A - 69 zoning.app,wp511zon, 1127193 of up to 80 dwelling units. Each one-family unit in said attached units may be occupied by (i) an individual, or (ii) a family, or (iii) two individuals, boarders, roomers, lodgers or other occupants. (d) The attached single-family dwelling units may be condominium units or other ownership of less than the minimum lot size normally required in an R-15 zone as may be approved by the Town of Ithaca Planning Board. (e) A community facility which may be attached to the attached single- family units or may be free-standing, not in excess of 7,000 square feet, to be used for central dining facilities (with serving kitchen), activity areas, and other related community service space to be made available principally for the use of the residents of the retirement community. (f) Permitted accessory uses shall include the following: (i) off-street garage or parking spaces for the residents of and the employees working at the Indian Creek Retirement Community. (ii) accessory buildings such as storage sheds, pavilions, gazebos, and other similar small buildings provided that no single building exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board. (g) Common recreational areas including walkways, parks, community gardens, and other similar outdoor recreational facilities. (h) Any municipal or public utility purpose necessary to the maintenance of utility services for the Indian Creek Retirement Community. (i) Signs, as regulated by the Town of Ithaca Sign Law. 3. Any use in this district shall be governed by all of the requirements, including side A - 70 zoning.app, wp511zon, 1127193 yards, setbacks, building coverage, accessory uses, and similar requirements, of a residence district R-15, except as the same may be specifically modified by the terms of this local law. 4. In addition to the requirements and restrictions imposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Special Land Use District No. 6 shall be subject to the following conditions: (a) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of the Town of Ithaca Zoning Ordinance. (b) Building permits shall be required for any construction,. including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such proposed construction. (c) The primary access roadway from Trumansburg Road leading westward shall be a double road with a median island for at least the first 1300 feet of its length and such roadway shall be constructed in accordance with Town of Ithaca highway specifications, dedicated and deeded to the Town and accepted by the Town before any certificates of occupancy are issued. (d) Such additional portions of the roads in the project shall be constructed in accordance with Town of Ithaca highway specifications, dedicated and deeded to the Town, and accepted by the Town as the Planning Board may, in approving the final site plan, determine. (e) The Declaration of Condominium, the Certificate of Incorporation of any homeowners association or similar group, and the bylaws of any such organization, shall be submitted to the Planning Board for recommendation and shall be approved by the Town of Ithaca before the same are filed and adopted. A - 71 zoning.app, wp51 lzon, 1127193 (f) There shall be a maximum of 140 dwelling units within the Special Land Use District of which no more than 80 dwelling units shall be contained in attached configuration of more than two dwelling units per building, and no more than 60 dwelling units shall be contained in detached one and two-family dwelling unit configuration. (g) There shall be dedicated to the Town of Ithaca as park space a four acre park site in the easterly portion of the project as shown as the general plan with the precise metes and bounds to be determined by the final site plan approval by the Planning Board, such dedication to occur prior to the issuance of any certificates of occupancy for any of the units on the property. (h) There shall be dedicated and conveyed to the Town of Ithaca a 20 foot strip of land in fee simple substantially along the southerly line of the Special Land Use District as shown on the general plan, the precise metes and bounds description to be as finally determined on the final site plan, said strip of land to be conveyed for trail and other municipal purposes. (i) The developer shall reserve and dedicate for open space approximately six acres of land adjoining the westerly portion of the southerly line of the Special District boundary, the center line of the six acre strip of land being the center line of Indian Creek, all as more particularly shown on the schematic site plan dated November 22, 1988 submitted in support of the application for rezoning. Said area shall be deeded to the Town of Ithaca for open space area and municipal purposes before the issuance of any certificates of occupancy for any dwelling unit within the Special Land Use District. (j) All of the dwelling units shall be owner-occupied subject to the following: (i) A unit may be occupied by other than the owner as long as the occupant is related by blood (e.g., father, mother, grandfather, grandmother, etc.) to the owner. (ii) A unit may be rented by an owner for no more than a cumulative period of twelve months within any continuous thirty-six month period. Permission to rent and/or sublet for a longer period of A - 72 zoning.app, wp511zon, 1127193 time shall be obtained in writing from the Board of Directors or other governing body of any homeowners association established in connection with the community. In no case, however, may a unit be rented by an owner or owners for more than 24 months cumulatively in any five-year period. (iii) Notwithstanding the foregoing, the developer shall be allowed to rent one or more units for a period not to exceed two years in each case from the date of issuance of the original certificate of occupancy for the unit being rented, provided that at no time may the developer have more than sixteen units rented under this provision at any one time. (k) The dwelling units shall be occupied by persons over the age of 54 years pursuant to rules and regulations contained in bylaws, declarations, or other regulations approved by the Town Board. Such regulations may permit temporary occupancy by visitors under the age of 55 years. (1) Notwithstanding any provisions of the Town of Ithaca Zoning Ordinance to the contrary, in Special Land Use District No. 6, no building shall be erected, altered, or extended to exceed 42 feet 6 inches in height from the lowest interior grade or 40 feet 6 inches in height from the lowest exterior grade; whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. (m) Except as specifically provided for herein any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. (n) The execution of an agreement mutually acceptable to the developer and the Town of Ithaca relating to the terms under which M the developer will provide its own water service or acility i✓r the Indian Creek Retirement Community; and/or (ii) the developer will construct any sewer and/or water mains that may be required to provide water and/or sewer service to the Indian Creek Retirement Community; and/or (iii) the developer may make contributions to the Town of Ithaca in A - 73 zoning.app, wp511zon, 1127193 amounts to be mutually agreed upon to permit the Town to construct or upgrade water supply and/or sewage disposal facilities necessitated by the construction of the Indian Creek Retirement Community. Such agreement to be executed, unless waived by the Town of Ithaca, prior to the issuance of any building permits for any construction in the Indian Creek Retirement Community. 5. Any significant revisions to the schematic site plan of November 22, 1988 submitted to the Town Board shall be submitted to and be approved by the Town Board before issuance of any building permits. In accordance with the provisions of the Zoning Ordinance a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. 6. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 6 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. 7. Any violations of the terms of this local law shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in Section 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this law, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcels covered by this law fails to comply with any of the provisions hereof. 8. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by.such declaration of invalidity. 9. This law shall take effect 10 days after its publication in the Ithaca Journal. A - 74 zoning.app, wp511zon, 1127193 SCHEDULE A DESCRIPTION OF LAND OF INDIAN CREEK RETIREMENT COMMUNITY REZONED SPECIAL LAND USE DISTRICT NO. 6 ALL THAT TRACT OR PARCEL'OF LAND situate in the Town of Ithaca., Tompkins County, State of New York, more particularly described as follows: COMMENCING at a point in the west line of Trumansburg Road which point is at the northeast corner of premises reputedly owned by Joyce (see deed recorded in the Tompkins County Clerk's Office in Book 602 of Deeds at Page 507); running thence south 66 degrees west along the north line of Joyce 257.1 feet to an iron pin; running thence south 24 degrees 23 minutes east along a west line of Joyce 457.3 feet to an iron pin; running thence south 69 degrees 4 minutes west along a fence line 464.0 feet to a pipe; running thence south 81 degrees 28 minutes west along a fence line 531.8 feet to a pipe; running thence south 60 degrees 8 minutes west along the remains of an old fence line 323.4 feet to a pipe; running thence south 2 degrees 45 minutes east approximately 50 feet to a point, 100 feet northerly from the center line of Indian Creek; running thence westerly on a curve parallel to and 100 feet northerly of the center line of Indian Creek a distance of approximately 1400 feet to a point in the west line of premises shown on a map entitled "Survey Map Lands of Bruce M. Babcock Located on Trumansburg and Hayts Roads, Military Lots 40 and 41, Town of Ithaca, Tompkins County, New York" dated May 29, 1987; running thence north 9 degrees 27 minutes east along the west line as shown on said map approximately 1280 feet to a pipe; running thence south 89 degrees 19 minutes east 1,215.5 feet to the center line of Trumansburg Road running in part along an old fence and hedge; running thence on a curve to the left along the center line of Trumansburg Road, said curve having an arc distance of 302 feet and a chord direction of south 45 degrees 48 minutes east and a chord distance of 301.8 feet to the point or place of beginning. The description set forth above is based largely upon the above referenced survey map of the lands of Bruce M. Babcock, a copy of which map is on file with the Planning Department of the Town of Ithaca. Containing 66 of land, more or less. A - 75 zoning.app, wp51Izon, 1127193 LOCAL LAW NO. 15 - 1992 R A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REZONING A PORTION OF LAND ALONG KING ROAD FROM RESIDENCE DISTRICT R-30 TO RESIDENCE DISTRICT R-15. The Zoning Ordinance of the Town of Ithaca as adopted, amended and revised effective February 26, 1968, and subsequently amended, is further amended as follows: 1. The Zoning Map dated July 1, 1954 as readopted by the Town Board as modified and approved by the Town Board on April 11, 1988 as the same may have been subsequently amended to date, is hereby further amended by rezoning those lands not already Residence District R-15 described on Schedule A incorporated into this local law from Residence District R-30 to Residence District R-15. 2. The area set forth on Schedule A, not already zoned Residence District R-15 is hereby rezoned from Residence District R-30 to Residence District R-15. 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 4. This law shall take effect upon its publication as required by law. A - 76 zoning.app, wp51 tzon, 1127193 SCHEDULE A DESCRIPTION OF LANDS TO BE ZONED R-15 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca., County of Tompkins and State of New York, substantially bounded and described as follows; COMMENCING at a point which is the intersection of King Road East and Ridgecrest Road; running thence southerly along the center line of Ridgecrest Road approximately 70 feet to a point which is intended to be the southeast corner of premises now or formerly of Edward and Barbara Gregoire (Liber 621 of Deeds at Page 1019 - tax parcel No. 44-2-9.1); running thence north 85 degrees 56 minutes 31 seconds west along the south line of said Gregoire parcel passing through an iron pipe near the edge of Ridgecrest Road a distance of 370.74 feet to a point which point is located north 9 degrees 56 minutes 20 seconds west 2.57 feet from a pipe and which point is a northeasterly corner of Lot 16 as shown on a map entitled "Final Plat of Chase Farm Subdivision - Phase I" made by George Schlecht, P.E., dated 1/9/1989, approved by the Tompkins County Health Department on February 16, 1989, approved by the Town of Ithaca Planning Board on October 18, 1988; continuing on the same course along a northerly line of Lots 16 and 15 as shown on said Chase Farm Plat a distance of 159.95 feet to a point marking the northwest corner of Lot 15; continuing in the same course and passing through Lots 14, 13 and 12 a distance of 325.54 feet along the south line of former tax parcels numbered 44- 2-9.3 and 9.2 (such former parcels being shown on the 1988 Town of Ithaca tax maps); running thence south 6 degrees 4 minutes 23 seconds west a distance of 725.81 feet which line runs along the easterly line of former tax parcel No. 44-2-9.2 to a point which is reputedly the northeast corner of premises of Tessa Sage Flores (Liber 617 of Deeds at Page 440- tax parcel No. 45-1-1.2);running thence north 83 degrees 19 minutes 59 seconds west along the south line of lots 39, 38, and 37 as shown on said Chase subdivision plat a distance of 416.57 feet to a point, which point is the southeast corner of premises reputedly owned by Richard and Ann Newhart (Liber 229 of Deeds at Page 403 - tax parcel No. 44-2-8.2); running thence northerly along the westerly line of said Chase Farm Subdivision being the westerly line of lots 37, 36, 35, 30, 29, 28, 27, 26, and 1 as shown on said Chase Farm subdivision plat a total distance of approximately 1465 feet to the center line of King Road East; running thence southeasterly along the center line of King Road East and parallel to the northerly line of Lots 1 through 9 a distance of approximately 1,005 feet to a point in the center line of King Road East north 4 degrees 44 minutes 39 seconds east from the northeast corner of Lot 9 as shown on said Chase Farm subdivision plat; continuing southeasterly along the center line of King Road East a distance of approximately 395 feet to the point or place of beginning. It is the intention to describe and to rezone to Residence District R-15 those tax parcels shown as tax parcels 44-2-9.1, tax parcel 44-2-9.2, and tax parcel 44-2-9.3 as shown on the 1988 tax maps for the Town of Ithaca. A - 77 zoning.app, wp511zan, 1127193 LOCAL LAW NO. 22 - 1992 Y A LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO REZONE THE FORMER CHASE POND PREMISES ON KING ROAD EAST FROM MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICTS R15 AND R30. Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Zoning Ordinance of the Town of Ithaca. as readopted, amended and revised effective February 26, 1968 and subsequently amended, be and the same is further amended to read as follows: 1. The area described on Schedule A annexed hereto is hereby rezoned from Multiple Residence District to Residence District R30. 2. The area described on Schedule B annexed hereto is hereby rezoned from Multiple Residence District to Residence District R15. The official zoning map of the Town of Ithaca is hereby amended to show the rezoning of the premises described on the attached schedules at the locations described. Section 2. The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. Section 3. This law shall take effect upon its publication as required by law. a A - 78 zoning.app, wp51Izon, 1127193 SCHEDULE A AREA TO BE REZONED R30 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being more particularly described as follows: Commencing at a point in the north line of King Road East which point is the most westerly corner of the premises described in Schedule B and which point is located approximately 180 feet northwesterly along the north line of King Road East from its intersection with the westerly line of Chase Lane extended to the north across King Road East; running thence north 52 degrees 48 minutes 11 degrees east along the premises described on Schedule B a distance of 474.34 feet to a point; running thence north 29 degrees 45 minutes 50 seconds east also along premises described in Schedule B a total distance of 264.28 feet to a point, which point is in a southwesterly line of premises known as Deer Run Subdivision Phase III-B and Marcy Court; running thence north 23 degrees 2 minutes 48 seconds west along the Deer Run Subdivision a distance of 93.83 feet to a point; continuing along the Deer Run Subdivision north 48 degrees 51 minutes 30 seconds west 224.77 feet to a point; continuing further along the Deer Run Subdivision north 53 degrees 51 minutes 43 seconds west a distance of 163.57 feet to a point; continuing further along the Deer Run Subdivision north 16 degrees 57 minutes 58 seconds west a distance of 95.83 feet to a point in the southerly line of premises reputedly owned by Cornell University; running thence south 85 degrees 52 minutes 4 seconds west along the Cornell University property 177.1 feet to a point; running thence south 34 degrees 14 minutes 6 seconds west along premises reputedly owned by Cornell University a distance of 746.80 feet to a point in the north line of King Road East; running thence south 55 degrees 45 minutes 55 seconds east along the north line of King Road East a distance of 549.71 feet to the point or place of beginning. It is the intention to describe the premises shown as Parcel A on the map entitled "Preliminary Plan of the Subdivision of Chase Pond" made by George Schlecht, P.E., dated 8- 24-1992, a copy of which is on file with the Town Planning Department of the Town of Ithaca. A - 79 zoning.app,wp51Izon, 1127193 SCHEDULE B AREA TO BE REZONED R15 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being more particularly described as follows: Commencing at a point in the northerly line of East King Road which point is at a southwest corner of premises reputedly owned by Bill J. Manos (Liber 593, Page 989) and which point of beginning is approximately 664.46 feet southeasterly along the north line of King Road East from its intersection with the easterly line of Chase Lane extended northerly across East King Road; running thence north 49 degrees 27 minutes 27 seconds east along the west line of Manos a distance of 492.04 feet to a point; running thence north 67 degrees 48 minutes 33 seconds west 121.82 feet to a point; running thence north 39 degrees 37 minutes 9 seconds west along the south line of Deer Run Subdivision, Phase III-B and Marcy Court a distance of approximately 703 feet to a point; running thence north 23 degrees 2 minutes 48 seconds west approximately 124 feet to a point; running thence south 29 degrees 45 minutes 50 seconds west 264.28 feet to a point; running thence south 52 degrees 48 minutes 11 seconds west 474.34 feet to a point in the north line of King Road East; running thence south 55 degrees 45 minutes 55 seconds east along the north line of King Road East a distance of 904.46 feet to the point or place of beginning. The foregoing premises are shown as Parcel B on a map entitled "Preliminary Plan of the Subdivision of Chase Pond" made by George Schlecht, P.E. dated 8-24-1992, a copy of which is on file with the Town of Ithaca Planning Department. A - 80