HomeMy WebLinkAbout1996 Zoning Ordinance TOWN OF rMACA
ZONING ORDINANCE
AND
CERTAIN RELATED LOCAL LAWS
As of March 21, 1996
(Accompanied by Appendix of Certain Local.
Laws as enacted through March 21, 1996)
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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-58
Local Law No. 10 - 1987 - Rezoning the former Oddfellows
Carriage House from residence district R-30 to multiple
residence district . . . . . . . . . . . . . . . . . . . . A-64
Local Law No. 2 - 1988 - Providing a special land use district
(limited mixed use) at 904-906 East Shore Drive for the Tompkins
County Chamber of Commerce . . . . . . . . . . . . . . . . . . . . A-67
Local Law No. 2 - 1989 - Providing a special land use district
(limited mixed use) for the Indian Creek Retirement community
on Trumansburg Road owned by CMH associates. . . . . . . . . . . . . . . . A-71
Local Law No. 15 - 1992 - Rezoning a portion of land along King
Road from Residence District R-30 to Residence District R-15. . . . . . . . A-78
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-80
Local Law No. 5 - 1993 - Rezoning Tax Parcels at 237
Coddington Road from Residence District R-9 to Multiple
Residence District [lacovelli] . . . . . . . . . . . . . . . . . . . . A-83
Local Law No. 8 - 1993 - Rezoning land on Elmira
Road and Seven Mile Drive from Light Industrial to
R-30, from R-30 to Light Industrial and from
Business C to Light Industrial . . . . . . . . . . . . . . . . . . . . A-85
Local Law No. 1 - 1994 - Providing a Special Land Use
District (Limited Mixed Use) for the Ithacare Senior
Living Community on Danby Road . . . . . . . . . . . . . . . . . . . . A-89
Resolution of the Town Board - January 13, 1994 -
Regarding review of Ithacare Rezoning . . . . . . . . . . . . . . . . . . . . A-94
Local Law No. 3. - 1994 - Rezoning lands along Ridgecrest
Road from R-30 to R-15 . . . . . . . . . . . . . . . . . . . . A-95
Local Law No. 1 - 1995 - Providing a Special Land Use
District (Limited Mixed Use) for the EcoVillage
Co-Housing Cooperative . . . . . . . . . . . . . . . . . . . . A-96
Local Law No. 14 - 1995 - Providing a Special Land Use
District (Limited Mixed Use) for Cornell University
Precinct 7 . . . . . . . . . . . . . . . . . . . . A-114
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ZONING ORDINANCE
OF THE TOWN OF ITHACA, NEW YORK
RE-ADOPTED, AMENDED AND REVISED AS OF MARCH 21, 1996
(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.
► 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,
Toning Or.],wp3llzon,3121196
slab, or other floor, even if below exterior grade level) in contact with the ground
surface to the highest point of the roof, excluding chimneys, antennae, and other similar
protuberances. When the measurement of height from the lowest interior grade is made
from the floor of a cellar the maximum permissible height from lowest interior grade
shall be increased by four feet. This permitted increase shall not apply when the
measurement is from any other floor, including a basement floor, slab or other floor.
4-c. "Height from lowest exterior grade" as it relates to a building means the vertical distance
from the lowest point of the exterior finished grade adjacent to the wall of the building
to the highest point of the roof, excluding chimneys, antennae and other similar
protuberances.
4-d. "Height" as it relates to a structure other than a building means the distance measured
from the lowest level or portion of the structure (slab or base) in contact with the ground
surface to the highest point at the top of the structure.
4-e. A "basement" is that space of a building that is partly below grade which has more than
half of its height, measured from floor to ceiling, above the average finished grade of the
ground adjoining the building.
4-f. A "cellar" is that space of a building that is partly or entirely below grade, which has
more than half of its height, measured from floor to ceiling, below the average finished
grade of the ground adjoining the building.
5. A "family" consists of
(a) An individual, or
(b) Two or more persons occupying a single dwelling unit, related by blood,
marriage, or legal adoption, living and cooking together as a single housekeeping
unit, or
(c) Two unrelated persons, occupying a single dwelling unit, living and cooking
together as a single housekeeping unit.
(d) Notwithstanding the provisions of paragraph (c) of this definition, a group
of unrelated persons numbering more than two (2) shall be considered a family
upon a determination by the Zoning Board of Appeals that the group is a
functional equivalent of a family pursuant ,to the standards enumerated in
paragraph (f) herein.
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(e) Before making a determination whether a group of more than two unrelated
persons constitutes a family for the purpose of occupying a dwelling unit, as
provided for in paragraph (d) of this definition, the Zoning Board of Appeals
shall hold a public hearing, after public notice, as is normally required for the
obtaining of a variance. The fee for such an application shall be the same as is
required for an application for a variance. Said application shall be on a form
provided by the Zoning Board of Appeals or Zoning Enforcement Officer.
(f) In malting a determination under paragraph (d) the Board of Appeals shall
find:
(i) The group is one which in theory, size, appearance and structure
resembles a traditional family unit.
(ii) The group is one which will live and cook together as a single
housekeeping unit.
(iii) The group is of a permanent nature and is neither merely a
framework for transient or seasonal (including as "seasonal" a period of
an academic year or less) living, nor merely an association or relationship
which is transient or seasonal in nature. In making this finding, the
Zoning Board of Appeals may consider, among other factors, the
following:
(a) Whether expenses for preparing of food, rent or ownership
costs, utilities, and other household expenses are shared and
whether the preparation, storage and consumption of food is
shared.
(b) Whether or not different members of the household have the
same address for the purposes of
(i) Voter registration.
(ii) Drivers license.
(iii) Motor vehicle registration.
(iv) Summer or other residences.
(v) Filing of taxes.
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Zoning Or.],%p51 izon,312119+6
(c) Whether or not furniture and appliances are commonly owned
by all members of the household.
(d) Whether or not any children are enrolled in local schools.
(e) Whether or not householders are employed in the local area.
(f) Whether or not the group has been living together as a unit for
an extended period of time, whether in the current dwelling unit
or other dwelling units.
(g) Any other factor reasonably related to whether or not the
group of persons is the functional equivalent of a traditional
family.
(iv) In making determinations under this section, the Zoning Board of
Appeals shall not be required to consider the matters set forth in Section
77 of this Ordinance.
(g) Notwithstanding the provisions elsewhere provided herein, if the following
limitations result in a lesser permitted number of occupants than would be
permitted under the definition of family set forth above and the regulations of
each zone set forth later in this Ordinance, the number of occupants, related or
otherwise, shall not exceed the maximum numbers determined on the basis of
habitable space of each dwelling unit as follows:
(i) A minimum of 150 square feet of habitable space for the first
occupant; and
(ii) 80 square feet of habitable space for each additional person in each
dwelling unit.
In no case shall the enclosed floor area be less than required by Section 58 of this
Ordinance.
Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and
other service or maintenance space shall be excluded in determining "habitable
space".
5-a. A "building" is a structure having a roof supported by columns or by walls and intended
for shelter, housing, protection or enclosure of persons, animals or property.
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Zoning Or.],wp51 Lion,3121196
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.
10-a. An "elder cottage" is a separate, detached, temporary one-family dwelling, accessory to
a one or two family dwelling on a lot erected and occupied in accordance with the
provisions of Section 59B of this Ordinance.
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.
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Zoning Or.1,%VSJ1wn,3MI96
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.
18. A "rear yard" is the open space between the rear lot line and the rear line of the ,
principal building, exclusive of overhanging eaves and other permissible projections,
extended to the side lines of the lot.
19. A "side yard" is the open space between the principal building, exclusive of overhanging
eaves and other permissible projections, and a side lot line and extending through from
the front yard to the rear yard.
20. An "accessory building" is a building subordinate and clearly incidental to the principal
building on the same lot and used for purposes customarily incidental to those of the
principal building.
21. "Storage" is the outdoor accumulation or laying-up of manufactured products or raw
materials, or the keeping of one or more pieces of movable equipment other than
pleasure automobiles.
22. A "non-conforming use" is a use of land existing at the time of enactment of this
ordinance and its amendments which does not conform to the zoning regulations of the
district in which it is situated.
23. A "farm" is any parcel of land containing at least 3 acres which is used in the raising of
agricultural products, such as crops, livestock, poultry, and dairy goods. It includes
structures necessary to the production and storage of agricultural products and equipment.
24. A "street line" is the limit of the right of way of a street, road or highway. Where the
word street appears this also means highway or road.
25. A "flashing sign" is any illuminated sign on which the artificial light is not maintained
stationary and/or constant in intensity and color at all times.
26. A "clinic" is a building or any part of a building which is used for the group practice of
medicine by several physicians in which certain facilities other than reception are shared
by the occupants and in which patients are diagnosed or treated by physicians specializing
in various ailments and practicing as a group.
27. A "parking space" is an area for the temporary parking of an automobile 180 square feet
in size exclusive of the parking lot circulation areas.
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Zoning Or.],%pSJlzon,3121196
(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-eight (38) feet in height from the lowest interior grade or thirty-six (36) 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.
9. Elder cottages upon receipt of special approval and approval of the site plan for same
pursuant to, and subject to, the provisions of Section 59B of this Ordinance.
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.
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Zoning Or.],xpJl Lion,3121196
3. A temporary building for commerce or industry where such building is necessary or
incidental to the development of a residential area. Such building may not be continued
for more than one year except upon special approval of the Board of Appeals.
4. Accessory building subject to provisions of Section 13.
5. A customary home occupation, such as dressmaking, hair dressing, laundering, home
cooking; carpentry, electrical, and plumbing work or similar manual or mechanical trade;
operated solely by a resident of the dwelling, provided that no additional persons not
residing on the premises may be employed therein and that no goods or products are
publicly displayed or advertised for sale, that there be no outside storage, and that no
noise, dust, disorder, or objectionable odor is experienced beyond the immediate property
where such use is conducted. The above mechanical trades to be conducted in the
basement of the dwelling or in a garage area not to exceed 200 square feet.
6. The keeping of household pets and family gardens.
7. The keeping of one horse if 2 acres of land are provided and one additional horse for
each additional acre, but not more than a total of three horses.
8. Signs, as regulated by the Town of Ithaca Sign Law.
SECTION 13. Accessory Buildings. In Residence Districts R15 accessory buildings other than
garage may not occupy any open space other than a rear yard. Any accessory building may
occupy not more than 40 percent of any required rear yard and shall be not less than 3 feet from
any side or rear lot line, except that a private garage may be built across a common lot line with
a party wall by mutual agreement between adjoining property owners. An accessory building
on a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings in no
case shall exceed 15 feet in height. Where the average natural slope of a lot exceeds 8 per cent
rise or fall directly from the street line, a private garage not over one story in height and
housing not in excess of 2 cars may be located in the front or side yard not less than 5 feet from
said street line on approval of the Board of Appeals.
SECTION 14. Yard Regulations. In Residence Districts R15 yards of at least the following
dimensions are required:
Front Yard - not less than the average depth of the front yards of buildings on lots immediately
adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than
50 feet except as otherwise specified.
Rear Y - not less than 30 feet in depth.
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Zoning Or.],%p51lzm,3121196
Side Yards - each not less than 15 feet in width, except that in one of the side yards a one-story
garage, either attached to the principal building or separate therefrom, may be 10 feet from a
side line which is not a street line.
Special yard requirements for specific uses as established by Section 11 are required.
SECTION 15. Building Coverage. No building or buildings on a lot, including accessory
buildings, shall be erected, altered, or extended to cover more than 20 per cent of the lot area.
Projections described in Section 66 are not to be included in computing the percentage.
SECTION 16. Size of Lot. Lots in Residence Districts R15 shall meet the following minimum
requirements:
1. Minimum lot area shall be at least 15,000 square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum front yard setback line (50 feet from the street
line) shall be 100 feet; and
4. Minimum depth shall be 150 feet.
SECTION 17. Special Properties. In the case of publicly owned properties, properties of
universities, colleges, cemeteries, or other private institutions, located in Residence Districts
R15, which comprise at least 6 acres in area and are traversed by interior roads or driveways,
the front and side yard requirements of Section 14 shall apply only along the exterior public
street frontages and there shall be no rear yard requirements.
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Zoning Or.],wpSllzon,3121196
ARTICLE V
RESIDENCE DISTRICTS R30
SECTION 18. Use Regulations. In Residence Districts R30 no building shall be erected or
extended and no land or building or part thereof shall be used for other than any of the following
purposes:
1. A One-Family Dwelling. A one-family dwelling may be occupied by not more than
(a) One family, or
(b) One family plus no more than one boarder, roomer, lodger, or other
occupant.
2. A two family dwelling, provided that the second dwelling unit shall not exceed 50% of
the floor area excluding the basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the basement area, it may exceed
50%.
2a. A two-family dwelling shall be occupied by not more than two families and each
dwelling unit in a two-family dwelling shall be occupied by not more than one
family.
3. The following uses but only upon receipt of a special approval for same by the Board of
Appeals in accordance with the procedures described below:
(a) Church or other places of worship, convent and parish house.
(b) Public library, public museum, public, parochial and private schools, daycare
center, nursery school, and any institution of higher learning including dormitory
accommodations.
(c) Publicly owned park or playground including accessory buildings and
improvements.
(d) Fire station or other public building necessary to the protection of or the
servicing of a neighborhood.
(e) Golf course, except a driving range or miniature golf course.
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Zoning Or.],wpSl Lzon,3121196
(f) Hospital, provided that no building so used shall be within 100 feet from any
r 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.
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9. Signs, as regulated by the Town of Ithaca Sign Law.
10. In Residence Districts R30, no building shall be erected, altered, or extended to exceed
thirty-eight (38) feet in height from the lowest interior grade or thirty-six (36) feet in
height from the lowest exterior grade, whichever is lower. No structure other than a
building shall be erected, altered, or extended to exceed thirty (30) feet in height.
11. Day care homes and group day care facilities.
12. Group family day care homes upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
SECTION 19. Accessory Uses. Permitted accessory uses in Residence Districts R30 shall
include the following:
1. Office of a resident doctor, dentist, musician, engineer, teacher,lawyer, artist, architect
or member of other recognized profession and quasi-profession where such office is a
part of the residence building provided that not more than 3 additional persons not
residing on the premises may be employed.
2. A customary home occupation, such as dressmaking, hair dressing, laundering, home
cooking; carpentry, electrical, and plumbing work or similar manual or mechanical trade;
operated solely by a resident of the dwelling, provided that no additional person not
residing on the premises may be employed therein and that no goods or products are
publicly displayed or advertised for sale, that there be no outside storage, and that no
noise, dust, disorder, or objectionable odor is experienced beyond the immediate property
where such use is conducted. The above mechanical trades to be conducted in the
basement of the dwelling or in a garage area not to exceed 200 square feet.
3. Off-street garage or parking space for the occupants, users and employees in connection
with uses specified under Section 18, but subject to provisions of Section 45 and Section
69.
4. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be continued
for more than one year except upon special approval of the Board of Appeals.
5. Accessory buildings subject to provisions of Section 20.
6. The keeping of domestic animals or fowl in accessory buildings, provided that no such
building shall be nearer than 30 feet to any lot line of any adjoining owner, and further
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Zoning Or.], "Sllzon,3171196
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.
8. Elder cottages upon receipt of special approval and approval of the site plan for same
pursuant to, and subject to, the provisions of Section 59B of this Ordinance."
SECTION 20. Accessory Buildings. In Residence Districts R30 accessory buildings other than
garages may not occupy any open space other than a rear yard. Any accessory building may
occupy not more than 30 per cent of any required rear yard and shall be not less than 3 feet
from any side or rear lot line, except that a private garage may be built across a common lot line
with a party wall by mutual agreement between adjoining property owners. Any accessory
building on a corner lot shall not be less than 5 feet from the rear lot line. Accessory buildings
shall in no case exceed 15 feet in height. Where the average natural slope of a lot exceeds 8
per cent rise or fall directly from the street line, a private garage not over one story in height
and housing not in excess of 2 cars may be located in the front or side yard not less than 5 feet
from said street line upon special approval of the Board of Appeals.
SECTION 21. Yard Regulations. In Residence Districts R30 yards of at least the following
dimensions are required.
Front Yard - not less than the average depth of the front yards of buildings on lots immediately
adjacent. However, the front yard depth shall not be less than 30 feet or need it be greater than
60 feet.
Rear Yard - not less than 50 feet in depth.
Side Yards - each not less than 40 feet in width, except that in one of the side yards a one-story
garage, either attached to the principal building or separate therefrom, may be 15 feet from a
side line which is not a street line.
Special yard requirements for specific uses as established by Section 18 are required.
SECTION 22. Building Coverage. No building or buildings on a lot, including accessory
buildings, shall be erected, altered or extended to cover more than 10 per cent of the lot area.
Projections described in Section 66 are not to be included in computing the percentage.
SECTION 23. Size of lot. Lots in Residence Districts R-30 shall meet the following minimum
requirements:
. 27
Zoning Or.],wp51 lzon,3121196
1. Minimum lot area shall be at least 30,000 square feet; and
2. Minimum width at the street line shall be 100 feet; and
3. Minimum width at the maximum required front yard setback line (60 feet from the
street line) shall be 150 feet; and
4. Minimum depth from the highway right of way shall be 200 feet.
SECTION 24. Special Properties. In the case of publicly owned properties, properties of
universities, colleges, cemeteries, or other private institutions, located in Residence Districts
R30, which comprise at least 6 acres in area and are traversed by interior roads or driveways,
the front and side yard requirements of Section 21 shall apply only along the exterior public
street frontages and there shall be no rear yard requirements.
-r
28
Zoning Or.],wp51 Izon,3121196
ARTICLE VI
MULTIPLE RESIDENCE DISTRICTS
SECTION 25. Location. With the approval of the Town Board, a Multiple Residence District
may be established in any Residence or Agricultural District of the Town.
SECTION 26. Use Regulations. In Multiple Residence Districts no building shall be erected
or extended and no land or building or part thereof shall be used for other than any of the
following purposes:
One family, two family and multiple family dwellings, grouped so as to provide living quarters
for a minimum of 3 families.
Each dwelling unit in an multiple residence shall be occupied by no more than
(a) One family, or
(b) One family plus no more than two boarders, roomers, lodgers or other occupants.
SECTION 27. Accessory Uses. Permitted Accessory Uses in Multiple Residence Districts
shall include the following:
1. Automobile parking and garages, subject to the further requirements of this section.
2. Structures or use of open land for recreation, intended for residents of the Multiple
Residence Districts.
3. Such uses as may be necessary for home-making activities, such as drying yards or
structures in which laundry facilities are maintained but any such use must be limited to
residents of the Multiple Residence Districts.
4. Day care home or group day care facility.
5. Group family day care home upon the special approval of the Board of Zoning Appeals
in the same manner as if said building was located in a Residence District R30.
6. Day care center upon special approval of the Board of Zoning Appeals pursuant to
Section 77, Subdivision 7. The application for such approval shall be referred to the
Planning Board and no final action shall be taken until the Planning Board has approved
the site plan for the Center and submitted its report or has failed to so act within 30 days
of receipt of all required information.
29
Zoning Or.],wpSllzon,3121196
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.
SideYards - 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-eight (38) feet in height from the
lowest interior grade nor thirty-six (36) feet in height from the lowest exterior grade and
further provided that no structure other than a building shall exceed thirty (30) feet in
height.
SECTION 29. Special Requirements shall be as follows:
1. Parking: One garage or lot parking space shall be provided for each "Dwelling Unit",
plus one additional lot space for every 3 dwelling units. No parking shall be located
farther than 200 feet from the dwelling unit it is intended to serve, nor shall any parking
be allowed in any front yard or required side or rear yard. Parking lots shall be surfaced
with black-top, compacted gravel, or other dust-free material, and must be graded so as
to drain properly.
4
30
Zoning Or.I,wpS]1wn,3121196
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.
S. 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.
1. 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.
2. In addition to the site plan requirements set forth in Article IX, the site plan shall be
subject to the following additional requirements as authorized by Town Law Section 274-
a:
31
Zoning Or.],wp5llzon,31I1196
(a) Such site plan shall show, when required by the Planning Board a park or parks
suitably located for playground or other recreational purposes.
(b) Land for park, playground or other recreational purposes shall not be required
until the Planning Board has made a finding that a proper case exists for requiring
that a park or parks be suitably located for playgrounds or other recreational
purposes within the Town. Such finding shall include an evaluation of the present
and anticipated future needs for park and recreational facilities in the Town based
on projected population growth to which the particular site plan will contribute.
Such evaluation may also include reference to any current Parks, Recreation and
Open Space Plan existing in the Town.
(c) In the event the Planning Board makes a finding pursuant to paragraph (b) of this
section that the proposed site plan presents a proper case for requiring a park or
parks suitably located for playgrounds or other recreational purposes, but that a
suitable park or parks of adequate size to meet the requirement cannot be properly
located on such site plan, the Planning Board may require a sum of money in lieu
thereof in an amount to be established by the Town Board. In making such
determination of suitability, the Planning Board shall assess the size and
suitability of lands shown on the site plan which could be possible locations for
park or recreational facilities, as well as practical factors including whether there
is a need for additional facilities-in the immediate neighborhood. Any monies
required by the Planning Board in lieu of land for park, playground or other
recreational purposes, pursuant to the provisions of this section, shall be deposited
into a trust fund to be used by the Town exclusively for park, playground or
other recreational purposes, including the acquisition of property.
(d) Notwithstanding the foregoing, if the land included in a site plan under review is
a portion of a subdivision plat which has been reviewed and approved pursuant
to section two hundred seventy-six of the Town Law or pursuant to the Town of
Ithaca Subdivision Regulations (as either may be amended from time to time), the
Planning Board shall credit the applicant for any land set aside or money donated
in lieu thereof under such subdivision plat approval. In the event of resubdivision
of such plat, nothing shall preclude the requiring the reservation of additional
parkland or additional money to be donated in lieu thereof.
(e) If the Town Board, by resolution or local law has established the amounts, or a
formula by which amounts payable in lieu of land reservation may be determined,
the amounts payable pursuant to this section shall be as set forth in, or determined
by, such local law.
32
Zoning Or.],*p5l lzm,3)21196
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.
33
Toning Or.],wpSIlzon,3171/96
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.
34
Zoning Or.1,wp51 Itm,3121196
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 and marina
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:
35
Zoning Or.1,*VSJ Um,3M196
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 IB 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.
36
Zoning Or.l,%pSl lzm,3121196
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 I) or driveway, and generally
intended to be occupied by suitable vegetation or landscaping.
37
Zoning Or.1,wpY Lton,3121/96
5. Height: All structures shall conform in,height with other structures in the vicinity,
provided, however, that no building shall exceed thirty-eight (38) feet in height from the
lowest interior grade nor thirty-six (36) feet in height from the lowest exterior grade and
further provided that no structure other than a building shall exceed thirty (30) feet in
height.
SECTION 38. Special Requirements shall be the following:
1. Parking: a minimum of 300 square feet of parking area, including lanes and driveways,
shall be provided for each 100 square feet of floor area, excluding basements used for
storage, except in the case of the following uses, for which off-street parking shall be
provided in accordance with the following schedule:
Office or bank building: one space for each 200 square feet of office or bank floor area.
Auditorium, stadium, theatre. or other place of public assembly: Funeral home or
mortuary: or restaurant: one space for each 5 seats.
wlin ,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.
Skatina rink and dance hall: packing 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.
Notwithstanding the foregoing, if an existing or proposed project meets the following
criteria, the Planning Board may authorize the required minimum number of parking
spaces to be reduced by no more than 20%. The criteria are as follows:
(a) The project involves construction of a building, or one or more buildings
as part of the same project, with a total floor area of more than 20,000
square feet.
(b) The occupancy of the building or buildings is intended to be multiple use
(e.g., an office building together with a restaurant or retail store, etc.).
38
Toning Or.],wpS1 tzon,3121196
(c) The reduction in the number of parking spaces will not adversely affect
traffic flow on the project site, will leave adequate parking for all of the
reasonably anticipated uses or occupancies in the project, and will not
otherwise adversely affect the general welfare of the community.
If the Planning Board permits a reduction in the required number of parking spaces, the
Planning Board may impose such reasonable conditions as may, in the judgment of the
Planning Board, be necessary to assure that such reduction will meet the criteria set forth
above. In any event, unless expressly waived by the Planning Board, such reduction
shall be subject to the following additional conditions:
(d) Any space that is made available by the reduction in the required number
of parking spaces may not be used for construction of any structures.
(e) Any land made available by virtue of such reduction be landscaped with
grass or other vegetation approved by the Planning Board.
(f) If, any time within five years after construction of the project is completed
(completion of construction to be the date a permanent certificate of
occupancy has been issued by the Town for the entire project), the parking
is found to be inadequate because
(i) the demand for parking spaces on the project site exceeds on more
than two occasions annually the number of parking spaces
available; or
(ii) the traffic flow through the parking area creates an undesirable or
hazardous condition by reason of the reduction of parking spaces;
oI
(iii) there is repeatedly undue congestion in the parking areas by reason
of the reduction of parking spaces;
then the developer or subsequent owner of the project will install
additional parking spaces up to the minimum number that would have
been otherwise required by the terms of this ordinance without granting
any reduction. Unless waived by the Planning Board, the granting of the
requested reduction in parking shall be conditioned on the developer or
applicant executing an agreement in form acceptable to the Planning Board
and acceptable for recording in the Tompkins County Clerk's Office
agreeing to install the additional parking spaces as may be required by the
above conditions.
39
Zoning Or.1,wpSl lzon,3121196
In the event there is (whether before or after the five year period set forth above)
any significant change in use, or a subdivision of the project site, or a sale of a
portion of the site, with respect to which a reduction in the required number of
parking spaces has been granted, such change, subdivision, or sale may be
conditioned upon a requirement that additional parking spaces be required up to `
the minimum that would have otherwise been required but for the reduction
granted pursuant to these provisions.
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.
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.
40
Zming Or.],*p5l lzm,3171196
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
for 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.
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.
41
I
Zoning Or.],wpSllzon,3/I1/96
ARTICLE VIH
LIGHT INDUSTRIAL DISTRICTS "
SECTION 40. Location. With the approval of the Town Board, a Light Industrial District may be established in any district of the Town except a Residence District R15.
SECTION 41. Permitted Principal Uses. The principal uses permitted in a Light Industrial
District shall be: industrial uses employing electric power or other motor power, or utilizing
hand labor for fabrication or assembly.
SECTION 42. Performance Standards. Any use shall be so operated as to comply with the
performance standards governing noise, smoke emissions, and odor hereinafter set forth.
1. Noise. At no point on the boundary of a Residence, Multiple Residence or Business
District shall the sound pressure level of any individual operation or plant, other than the
operation of motor vehicles or other transportation facilities, exceed the decibel levels
in the designed octave bands shown below for the districts indicated.
Along Residence, Multiple
Residence Along Business District
Octave Band District Boundaries - Boundaries
Cycles Per Maximum Permitted Sound Maximum Permitted Sound
Second Level in Decibels Level in Decibels
1 to 75 72 79
75 to 150 67 74
150 to 300 59 66
300 to 600 52 59
600 to 1200 46 53
1200 to 2400 40 47
2400 to 4800 34 41
above 4800 32 39
Sound levels shall be measured with a sound level meter and associated octave band filter
manufactured according to standards prescribed by the American Standards Association.
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
42
Zoning Or.],wpJ1lzon,3171196
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.
J. Coverage: no principal building shall be erected or altered to cover more t har, 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.
43
zoning or.],%psllion,3/21M
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. -
Notwithstanding the foregoing, if a proposed project meets the criteria set forth for
reduction of required parking spaces as set forth above with reference to business
districts (see Section 38, Subparagraph 1), the Planning Board may authorize the
minimum number of parking spaces to be reduced by no more than 20%. If the Planning
Board permits such a reduction, the Planning Board may impose such reasonable
conditions, including the conditions set forth with respect to reductions of parking spaces
in business districts, as may, in the judgment of the Planning Board, be necessary to
assure that such reduction will not cause congestion, create undesirable traffic flows or
hazards, or otherwise be adverse to the general welfare of the community. In any event,
unless expressly waived by the Planning Board, such reduction shall be subject to the
same mandatory conditions as are set forth with respect to business district parking area
reductions.
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
44
Zoning Or,1,wpJllzon,3171196
condition or would detract from the value of the neighboring property if such
landscaping, fencing, screening, or berm were not provided.
SECTION 45-a. Site Plan Approvals. No building permit shall be issued for a building within
a Light Industrial District unless the proposed structure is in accordance with a site plan
approved pursuant to the provisions of Article IX.
45
Zoning On 1,%pS]Izon,3121196
ARTICLE 1K
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.
46
Zoning Or.],wpS]lzm,3121196
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:
4
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 Beard 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.
SECTION 46-b. Site Plan Requirements.
1. After a Residence District R5, Multiple Residence, Business, Light Industrial or
Industrial District, or any other Special Land Use District, has been established
by the Town Board and whenever a specified development or changes in the general plan
are proposed, or whenever a site plan is required by any other provision of this.
Ordinance, a site plan for the proposed use must be submitted and approved by the
Planning Board before a building permit may be issued. 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
47
ZaWng 0%1,wp3llzon,3121196
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
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,
48
7"dng or.1,%p31►zm,3121196
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
(b) such shift does not alter proposed traffic flows or access; and
c
(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.
49
Zoning Or.1,"511 on,321196
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.
50
Zoning Or.],%pS1 tzar,3121196
3. Except when a rezoning has occurred based upon a preliminary or general site plan, any
approval of a preliminary site plan may be revoked by the Planning Board, after apublic
hearing and upon written notice in person or by mail to the applicant
b (a) If a fully complete application for final site plan approval has not been submitted
to the Planning Board within eighteen months of the date preliminary approval
was granted, or
(b) If an application is submitted within such eighteen month period, such application
is not diligently prosecuted by the owner to enable the Planning Board to grant
final site plan approval within twenty-four months of the date preliminary
approval was granted.
The Planning Board may, when compliance with the foregoing time periods would create
a significant hardship for the owner, extend the time periods for such periods and upon
such conditions as the Planning Board may reasonably determine.
4. 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.
51
Zoning Or.], wp51Izon,3121196
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.
a
52
Zoning Or.],*V51 izon,3121196
(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 VM, 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.
Notwithstanding the foregoing, if a proposed project meets the criteria set forth for
reduction of required parking spaces as set forth above with reference to business
districts (see Section 38, Subparagraph 1), the Planning Board may authorize the
minimum number of parking spaces to be reduced by no more than 20%. If the Planning
Board permits such a reduction, the Planning Board may impose such reasonable
conditions, including the conditions set forth with respect to reductions of parking spaces
in business districts, as may, in the judgment of the Planning Board, be necessary to
assure that such reduction will not cause congestion, create undesirable traffic flows or
hazards, or otherwise be adverse to the general welfare of the community. In any event,
unless expressly waived by the Planning Board, such reduction shall be subject to the
same mandatory conditions as are set forth with respect to business district parking area
reductions.
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
53
Zoning Os.1,%pSJ lzon,3121196
safe access, egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval of the appropriate
highway authority. Where density of population or school bus routes make it desirable,
the applicant shall install sidewalks with the approval of the appropriate highway
authority.
4. Signs, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any
residence district or nearer than 30 feet from any other district. A strip at least 10 feet
wide within such buffer area shall be planted or suitably fenced so as to screen the
Industrial District from present or future residences.
6. In addition to the landscaping, screening, fencing and buffer requirements set forth
above, additional landscaping, fencing, screening, or earth berm may be required to be
provided in any area where the proposed structure or use would create a hazardous
condition or would detract from the value of neighboring property if such landscaping,
fencing, screening, or berm were not provided.
7. Height: No building shall exceed thirty-four (34) feet in height from lowest interior
grade nor thirty (30) feet in height from lowest exterior grade, and no other structure
shall exceed thirty (30) feet in height, except by Special Approval from the Board of
Zoning Appeals after the matter has been referred to the Planning Board for
recommendation.
SECTION 50-a. Site Plan Approvals. No building permit shall be issued for a building within
an Industrial District unless the proposed structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
w.
54
Zoning Or.],wp3l lzon,3121196
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, principal or accessory,
permitter) 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-eight (38) feet
in height from the lowest interior grade nor thirty-six (36) feet in height from the 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
55
Zoning Or.],*V51 Lzon,3121196
other governmental agency having jurisdiction. The Building Inspector will not
be required to proceed under this law, until an application is complete.
b. As soon after the applicant has filed all documents and supplied all the
information required by such Officer, but not later than 30 days from the date a
completed application is filed, the Officer shall file such application and all other
documents with the Clerk of the Planning Board, who shall place the application
on the agenda for the next meeting of the Planning Board. The application shall
be reviewed at such meeting and the Chairman shall set a date for a public
hearing, notice of which shall be (i) posted and (ii) published at least two times
in the official newspaper, the first publication of which shall be at least 10 days
prior to the date set for the hearing and (iii) mailed to owners of property lying
within 1,000 feet of the proposed site and to such other owners of property in the
vicinity of the proposed site as the Chairman of the Board shall determine. It
shall be sufficient if the determination of the ownership is based on the current
assessment roll and assessment map, but the failure to notify all such owners shall
not render defective any action of the Planning Board or the Board of Appeals.
The date of such public hearing shall be within 40 days from the date on which
the completed application was filed with the Clerk of the Planning Board.
1. The Planning Board may at any stage of the proceedings require additional
information, documents or-testimony, and may adjourn final consideration
of its recommendation for a reasonable period for the foregoing purpose
and for further study and review, but no more than 60 days after the first
date set for the hearing.
C. Upon the completion of the hearing, and any adjournment thereof, the Planning
Board shall adopt, by resolution, a written recommendation in the nature of an
advisory opinion. Such report may (i) recommend acceptance, or rejection of the
application in full or in part or (ii) acceptance with conditions or (iii)include such
other recommendations or opinions as the Planning Board shall determine.
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.
56
Zoning Or.1,wp311zm,3121196
Written notice of such hearing shall also be mailed in accordance with the
provisions of Section 3, above (Planning Board Procedures). Such notice shall
' be published and posted at least 10 days prior to the hearing and such hearing
shall be held not later than 40 days following the filing of the Planning Board's
report with the Clerk of the Board of Appeals.
b. The hearing before the Board shall be conducted in accordance with lawful
procedures, as any appeal proceeding before the Board. The hearing may be
adjourned and the Board may request further information and recommendation
from the Planning Board, or may send the application back to the Planning Board
for further review.
C. After the completion of all testimony given at the public hearing and the
submission of all pertinent matters arising out of the application, the Board shall
make its determination by a resolution adopted by a majority vote. Such
determination shall be made and filed within 60 days of the date on which the
first public hearing was held. The applicant shall be notified of the Board's
decision and copies shall be filed with the Town Clerk, the Zoning Officer and
the Clerk of the Planning Board.
5. The Planning Board, in making any report, and the Board of Appeals before rendering
its decision, shall consider the following standards and matters:
(1) The need in the community for the proposed use.
(2) The appropriateness of the proposed site including such matters, among others,
as the following:
a. The availability of alternative sites.
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.
57
Zoning Or.],wp3l lzon,3121196
f. The adaptability of the site for the proposed use; topography, natural
buffers, screening and fencing.
g. The size of the site chosen for the proposed use. The radio transmission
tower must be located on an unoccupied parcel having an area of sufficient
size that no part of the tower will fall on neighboring property should the
structure collapse and the size shall provide a buffer to other properties in
the neighborhood. The size shall be at least SIX ACRES.
h. Will project regularly cause objectionable odors, noise, glare, vibration,
or electrical disturbance as a result of the project's operation?
(3) The effect of the proposed use on the other properties in the neighborhood and
the enjoyment by the inhabitants of their properties and whether it will materially
affect the value of such properties and the use and enjoyment of such properties
by the occupants and any other effect of such use on the health, welfare and
safety of the occupants of such properties.
6. No building permit shall be issued until final approval has been granted to the applicant
by any County, State and Federal Agency having jurisdiction in the matter and any and
all other permits which may be required have been issued to the applicant.
7. The applicable procedures of the State and Local SEQR Laws shall be complied with.
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.
58
Zoning Or.],"51 lzoyn,3121196
ARTICLE RII
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, anon-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 except that if only a single family dwelling exists on a lot
referred to in Section 57 of this Ordinance, such single family dwelling may be enlarged or
altered without authorization of the Board of Appeals provided
1. The existing dwelling is in conformance with all requirements of this Ordinance except
for the fact that it is located on a lot that is less than the required size which lot was of
record at the time of the adoption of this Ordinance;
2. Such alteration or enlargement does not violate any other provisions of this Ordinance
(e.g., yard, height, or other restrictions); and
3. Upon completion of such enlargement or alteration the building and lot continue to be
used only as a single family dwelling.
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 Lazard
Residence District R15
Residence District R30
Residence District R9
Multiple Residence District
Agricultural District
59
Zoning 0%1,wpSllzon,3121196
Business District "A"
Business District "B"
Business District "C"
Business District "D"
Business District "E" f
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.)
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.
60
Zoning Or.],wpSl lzon,3121196
5. A non-conforming use due to be terminated pursuant to this section may be extended
upon application for a special permit for such extension from the Board of Appeals.
Such permit shall not be granted unless the applicant establishes and the Board of
Appeals finds that, notwithstanding the fifteen year period for amortizing a non-
conforming use provided for in this section, termination of the non-conforming use would
cause serious financial harm to the property owner not balanced or justified by the
advantage to the public in terms of more complete and effective zoning accruing from
the cessation of such use. In making this determination the Board shall consider, among
other factors (including the factors set forth elsewhere in this Ordinance relating to the
issuance of special permits or approvals), (i) the nature of the non-conforming use; (ii)
the cost of converting to a conforming use; (iii) the amount of investment that existed in
the property on the date of the enactment of this section; (iv) the detriment caused by the
non-conforming use; (v) the character of the neighborhood; (vi) the ability of the
landowner to have amortized the cost of the landowner's investment over the fifteen
years provided between the enactment of this section and the required termination of such
use; and (vii) whether an additional reasonable amount of time is needed by the owner
to amortize the owner's investment. In making its determination the Board shall
disregard, as irrelevant, any costs for purchase of a non-conforming building or property
or costs to repair, maintain, improve or enlarge a non-conforming property, incurred
after March 1, 1991. If the extension is granted, the Board of Appeals shall set a fixed
additional period for the extension of time before the non-conforming use must be
terminated.
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Zoning Or.1,wpSllzm,3121196
ARTICLE XHI
GENERAL PROVISIONS
SECTION 57. Existing Lots. Other provisions of this ordinance notwithstanding, nothing shall
prohibit the use for a single family dwelling only 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 $9. 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 corripletion 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:
62
?.oWng Or.1,wpSl lzon,31211966
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
v 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 59B. Elder Cottages. Elder cottages shall be permitted as accessory uses, upon
obtaining special approval from the Board of Appeals, and subject to the following provisions
and conditions:
1. Use Limitations: An elder cottage shall not be occupied by more than two persons
63
Zoning Or.],wp511wn,3121196
(a) who shall be the same persons enumerated on the application for the elder
cottage,
(b) who shall be persons 55 years of age or older, and
P
(c) at least one of such persons shall be a parent or grandparent of one of the owners
and occupants of the principal dwelling on the lot where the elder cottage is located.
2. Dimensional Limitations:
(a) The elder cottage shall not exceed 750 square feet in total floor area.
(b) Notwithstanding any other provisions of this Ordinance, the minimum size of the
elder cottage may be reduced to no less than 250 square feet of enclosed floor area.
(c) The elder cottage shall not exceed one story in height and under no circumstances
shall the total height exceed 20 feet.
3. Location Requirements:
(a) An elder cottage shall; subject to the further limitations of this Section 59B, be
located only on a lot where there already exists a one-family or two-family dwelling.
(b) No elder cottage shall be located within the front yard of any lot.
(c) No elder cottage shall be permitted on a non-conforming building lot.
(d) No more than one elder cottage shall be located on any lot.
(e) The erection of the elder cottage shall be otherwise in conformity with all other
provisions of the Zoning Ordinance including lot coverage and side and rear yard
setbacks.
4. Building Requirements:
(a) An elder cottage shall be clearly subordinate to the principal building on the lot
and its exterior appearance and character shall be in harmony with the existing principal
building.
(b) An elder cottage shall be constructed in accordance with all applicable laws,
regulations, codes and ordinances, including the New York State Uniform Fire
Prevention and Building Code. if an elder cottage is a factory manufactured home or
64
Zoning 0%1,%p31lzon,3121196
component, in addition to complying with any other law, it shall bear an Insignia of
Approval or other equivalent, legally recognized indicia of compliance with applicable
laws, issued by the N.Y. State Fire Prevention and Building Code Council or the N.Y.
State Division of Housing and Community Renewal.
(c) An elder cottage shall be constructed so as to be easily removable. The cottage's
foundation shall be of easily removable materials so that the lot may be restored to its
original use and appearance after removal with as little expense as possible. No
permanent fencing, walls, or other structures shall be installed or modified that will
hinder removal of the cottage from the lot.
(d) Adequate water supply and sewage disposal arrangements shall be provided,
which may include connections to such facilities of the principal building. If a cottage
is located in an area where electrical, cable, and/or telephone utilities Are underground,
such utilities serving the elder cottage shall also be underground.
(e) It shall be disclosed at the time of application whether the proposed inhabitants
of an elder cottage will have a car. If so, an adequate area for parking shall be required
for the expected number of cars.
5. Special Approval:
(a) The construction or placement of an elder cottage on a lot shall not occur until
special approval for same is granted by the Board of Appeals.
(b) The special approval shall be for a period of one year (unless earlier terminated
as hereinafter set forth) and thereafter may be renewed annually by the Building and
Zoning Enforcement Officer.upon receipt of an application for same provided that the
circumstances obtaining at the time of the original application have not changed.
(c) The special approval shall terminate 120 days after
(i) the death or permanent change of residence of the original occupant or
occupants of the elder cottage, or
(ii) any of the occupancy requirements set forth in this Section are no longer
met.
Without limiting other indicia of a permanent change of residence, continuous absence
from the elder cottage of a person for a period of 180 consecutive days shall be
considered to be a permanent change of residence. During the 120 day period following
any of the events set forth in subparagraphs (i) and (ii) above, the unit shall be removed
65
Zoning Or.],wpSIIzon,312I/96
and the site restored so that no visible evidence of the elder cottage and its accessory
elements remains. If the elder cottage has not been removed by the end of the 120 day
period, in addition to the existing sanctions in the Zoning Ordinance, actions to insure
removal may be taken, including removal and salvage by the Town with a lien imposed
to defray any costs incurred. Such lien may be added to the real estate taxes applicable
to the lot on which the elder cottage is located and collected in the same way as any
other tax payable to the Town.
6. Procedure For Obtaining A Special Approval:
(a) The application for original issuance of a special approval and renewal shall
contain such information as the Board of Appeals or Building and Zoning Enforcement
Officer may require to adequately review the qualification for granting the approval, but,
for an original application shall contain at a minimum:
(i) Name of owner of the lot.
(ii) Name of occupants of principal building.
(iii) Name of proposed occupants of the elder cottage.
(iv) Age of proposed occupants of the elder cottage.
(v) Relationship of elder cottage occupants to owners and occupants of the
principal building.
(vi) Sketch plan or survey, which shall be drawn to scale, showing
(A) location of all existing buildings, structures, drives, walkways and
the layout of utility services,
(B) proposed location and size of the elder cottage,
(C) proposed water, septic, and other utility connections,
(D) proposed landscaping and screening if any is contemplated.
(vii) Sketches, drawings, pictures or other materials which adequately describe
the layout and appearance of the proposed elder cottage.
(viii) Agreement to remove the elder cottage when it no longer qualifies as such.
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ZoWng Or.1,*V514 re,3121196
(ix) Consent for the Town to enter on the property and to remove the elder
cottage if the owner fails to timely remove it, as set forth below.
(b) By applying for a special approval for the erection of an elder cottage, the owner
of the lot on which the elder cottage is to be located, for himself or herself, his or her
heirs, successors and assigns, irrevocably consents to the entry of the Town and its
authorized officials and agents upon the property, after notice and an opportunity to be
heard before the Board of Appeals, for the purpose of removing the elder cottage in the
event the requirements for maintenance of same are no longer met, and further agrees
that any costs incurred by the Town in so removing the cottage shall become a lien upon
the, property on which the cottage was located subject to collection in the manner set
forth above.
(c) The granting of a special approval shall be governed, in addition to the provisions
set forth in this Section, to the general provisions relating to granting of special approvals
and approval of site plans. The Board of Appeals shall have the authority, in
determining whether to grant the special approval, to review the site plan and apply the
criteria relating to site plan approvals that:the Planning Board uses in granting site plan
approvals pursuant to Sections 46 et. sea. The Board of Appeals shall have the further
authority when granting special approval, to impose such reasonable conditions as the
Board may deem necessary to minimize the impact of the addition of an elder cottage
upon the lot on which it is being located as well as the neighborhood in which it is being
located.
7. Limitation on Variances: Notwithstanding any other provisions of this Ordinance there
shall be no variances granted for extension of time for removal of an elder cottage except
that the Board of Appeals may, upon making the same findings that would normally be
required for the granting of a use variance, extend the time for removal of the elder
cottage for one additional six month period.
8. Definition of Owner: For the purposes of this Section, the term "owner" as applied to
ownership of a principal building shall mean a natural person
(a) Who owns at least a 50 percent interest in the real property and related buildings,
whether individually or as a tenant in common; or
(b) Who owns the real property and related buildings with no more than one other
individual or entity as co-joint tenants or tenants by the entirety, in either event each of
the co joint tenants or tenants by the entirety having identical interests.
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
67
Zoning OrJ,wpSI lzm,3121196
parts or building materials salvage yards shall be completely enclosed by a substantial and solid
fence with openings only for ingress and egress. Such fence shall be at least 6 feet high and
shall be no nearer than 25 feet from any public highway right of way line. There shall be no
storage outside the fence. Any such junk yards existing at the time of enactment of this
ordinance shall comply with these requirements within one year of such date. Y
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
68
Zoning Or.l 14p37 Lzon,3,21196
relocated so as to comply with these requirements. The provisions of this Section shall not apply
when a portion of a lot is taken for a public purpose.
SECTION 68. More than One Building on a Lot. Other than in a multiple residence district,
there shall not be more than one principal building on any lot in any residential district. When
there is more than one principal building on a lot in any non-residential district or in a multiple
residence district, the space between such buildings must be at least equal to the sum of the side
yards required by such buildings or the sum of the rear and the front yards as the case may be.
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. Hoses, 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
69
Z"dng Or.],wpSllzon,3121196
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.
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 A
deems necessary to protect the general welfare of the community, which may include a
70
Zoning Or.],%pSllzm,3MI96
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.
a
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 for the deposit or removal of fill relative to such other site in accordance with
the terms of this Section 70.
71
Zoning Or.],wp51 Izon,3121196
(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.
(e) Removal or deposit of fill in connection with construction of roads and other or
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
72
Zoning On1,%pfl Lzon,3121196
lots to comply with the County Sanitary Code, the requirements of such Department or successor
shall govern.
SECTION 73. Abandoned Cellar Holes and Buildings. Within one year after work on any
excavation for a building has begun, any excavation for a building shall be covered over or
refilled by the owner to the normal grade. Any building substantially destroyed by any cause
shall be rebuilt or demolished within one year. Any excavation or cellar holes remaining after
the demolition or destruction of a building from any cause shall be covered over or filled by the
owner within one year.
r
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ARTICLE XIV
ADMINISTRATION
SECTION 74. Enforcement. This ordinance shall be enforced by a person designated by the
Town Board who shall in no case, except pursuant to written order of the Board of Appeals,
grant any building permit or certificate of occupancy for any building or premises where the
proposed construction, alteration or use thereof would be in violation of any provision of this
ordinance.
SECTION 74E. Applications for Approvals, Remedies or Relief. Every applicant for any
approval, remedy or any other relief under this Article or any other Article of this Zoning
Ordinance shall disclose the information required by Section 809 of the General Municipal Law.
SECTION 75. Permit to Build. No principal building or accessory building, nor any other
structure, including but not limited to, tanks, power and pump stations, swimming pools, and
signs (except as permitted by the Town of Ithaca Sign Law), in any district, shall be begun,
erected, constructed, enlarged, improved, renovated, repaired, or altered, without a permit to
build, issued by the person designated by the Town Board, except that no building permit shall
be required for:
1. Repairs, alterations, or renovations to existing buildings provided that the repairs,
alterations, or renovations:
(a) cost less than $10,000.00;
(b) do not materially affect structural features of the building;
(c) do not affect fire safety features such as smoke detectors, sprinklers, required fire
separations and exits;
(d) do not involve the installation or extension of electrical, plumbing, or heating
systems; and
(e) do not include the installation of solid fuel burning heating appliances and associated
chimneys and flues.
2. An accessory building in an agricultural or residential district, provided that such
building:
(a) costs less than $3,000.00;
y
74
Zoning Or.],wpS1 izon,3121196
(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.
Every application for a building permit shall be accompanied by a fee computed in accordance
with the most recent local law, ordinance, or resolution adopted by the Town Board establishing
such fees, including, without limitation, the local law regarding same adopted on or about
December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently
amended.
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Unless there has been substantial progress in the work for which a building permit was issuers,
said building permit shall expire one year from the date of issue.
SECTION 76. Certificate of Occupancy. A Certificate of Occupancy shall be required for all
work for which a building permit is required to be issued under this Ordinance or under any -
other Ordinance or Local Law of the Town of Ithaca or under the New York State Uniform Fire
Prevention and Building Code or any successor statute. Further, a Certificate of Occupancy
shall be required for all buildings which are converted from one general occupancy classification
to another and such classifications are defined in part 701 of Title 9 of the Official Compilation
of Codes, Rules and Regulations of the State of New York, or any successor rules or
regulations. The issuance of building permits and Certificates of Occupancy shall be governed,
in addition to the requirements of this Ordinance, by the requirements of the New York State
Uniform Fire Prevention and Building Code, the rules and regulations promulgated thereunder,
and any similar or successor statutes, and in accordance with the requirements of any laws,
ordinances, rules or regulations of the Town of Ithaca including, without limitation, Local Law
No. 1 of the year 1981 as the same has been subsequently amended. The fee for the issuance
of a Certificate of Occupancy shall be the fee established in the most recent local law, ordinance,
or resolution adopted by the Town Board establishing such fee, including, without limitation,
the local law regarding same adopted on or about December 12, 1994, to be effective January
1, 1995, as the same may have been subsequently amended.
SECTION 76-A. Fees for Use Permits, Operating Permits, and Inspections. The fees for Use
Permits, Operating Permits, and inspections shall be as set forth in the most recent local law,
ordinance, or resolution adopted by the Town Board establishing such fees, including, without
limitation, the local law regarding same adopted an or about December 12, 1994, to be effective
January 1, 1995, as the same may have been subsequently amended.
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
chairperson, or the party acting as chairperson in the chairperson's absence, may
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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;
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(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
shad 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
inconvenience neighboring inhabitants.
(e) The proposed access and egress for all structures and uses shall be safely designed.
(f) The general effect of the proposed use upon the community as a whole, including
such items as traffic load upon public streets and load upon water and sewerage systems
is not detrimental to the health, safety and general welfare of the community.
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(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.
10. Unless work has commenced in accordance with the variance or special approval given
by the Board of Appeals within one year from the issuance of the building permit
authorizing such work, or within eighteen months of the granting of such variance or
special approval, whichever is earlier, not only the building permit but the variance or.
special approval shall expire and the permissible uses and construction on the property
shall revert to those in effect prior to the issuance of such special approval or variance.
SECTION 78. Planning Board Recommendations. In making recommendations to the Town
Board and the Board of Appeals, the Planning Board shall determine that:
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
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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
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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.
V
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.
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SECTION 82. When Effective. This ordinance shall be in force and effect immediately upon
adoption and publication as provided by law. ,
SECTION 83. Existing Zoning Ordinance Amended, Re-Adopted and Re-Enacted. The
existing Zoning Ordinance of the Town of Ithaca, New York, as amended, adopted October 25, . . .
1954, is hereby re-enacted, re-adopted and amended. This re-adoption and re-enactment and the
adoption of any amendment shall not affect any pending or prevent any future prosecution of or
action to abate any violation existing at the time this Ordinance as re-adopted, re-enacted and
amended, if the use is in violation of the provisions of this ordinance as re-adopted, re-enacted
and amended. Nothing,herein shall be deemed to change the status of non-conforming uses
created by virtue of the Zoning Ordinance adopted October 25, 1954, as amended, if such uses
remain non-conforming under the provisions of this Ordinance, as re-adopted, re-enacted and
amended.
SECTION 84. Fees. The fees, escrow deposits, review costs, public hearing fees and
inspection fees for subdivision, variance, site plan and other similar applications and approvals
shall be as set forth in the most recent local law, ordinance, or resolution adopted by the Town
Board establishing such fees, etc., including, without limitation, the local law regarding same
adopted on or about December 12, 1994, to be effective January 1, 1995, as the same may have
been subsequently amended, together with the related schedule of application and review fees
contained therein.
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APPENDIX
CERTAIN LOCAL LAWS RELATING TO THE
ZONING ORDINANCE
in the
TOWN OF ITHACA
As enacted through March 21, 1996
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ARTICLE XV
LOCAL LAW #5 - 1985
RELATING TO FLOOD DAMAGE PROTECTION
' AS AMENDED BY LOCAL LAW #9 - 1987
AND LOCAL LAW #3, 1989
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Ithaca finds that the 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
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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.
"Appgal" 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.
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"Area of shallow ling" 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 special flood hazard" is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. This area may be designated as Zone
A, AE, AH, AO, Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the base
floodplain or 100-year floodplain.
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any
given year.
"Basement" means that portion of a building having its floor subgrade (below ground level) on
all sides.
"Buildine 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 dome 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 minimum, the installation of utilities, either final site grading or
the pouring of concrete pads, and the construction of streets) is completed before the effective
date of Local Law #5 - 1985.
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
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(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Boundary and Floodway Man BFM)" 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 BoundM Map (FHB " 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(PIRM)" 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.
"Flg&proofing" 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 dgMndent 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.
"MM 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
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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.
"Principay Above Ground" means that at least 51 percent of the actual cash value of the
structure, excluding land value, is above ground.
"Regulatory FloodwA)L!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, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before the damage
occurred.
For the purposes of this definition "substantial improvement" is considered to commence when
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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 purpose
of establishing and maintaining eligibility for flood insurance.
In their interpretation and application, the provisions of this Local Law shall be held
to be minimum requirements, adopted for the promotion of the public health, safety, and
welfare. Whenever the requirements of this local law are at variance with the requirements of
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any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or t h a t
imposing the higher standards, shall govern.
3.4 SEVERABILTTY
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 purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This local law does not imply that land outside the area of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This local law shall
not 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.
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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
(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
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(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 Inspector a certificate
of the elevation of the lowest floor, or flood-proofed elevation, in relation to
mean sea level. The elevation certificate shall be prepared by or under the direct
supervision of a licensed land surveyor or professional engineer and certified 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.
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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,
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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.
4.3-6 STOP WORK ORDERS
(1) All floodplain development or construction found ongoing without an
approved Development Permit, or any other required permits, shall be subject
to the issuance of a stop work order by the Building Inspector. Disregard of a
stop work order shall be subject to the penalties described in Section 3.5 of this
Local Law.
(2) All floodplain development found to be not complying with the provisions
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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:
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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
(1) All new construction and substantial improvements shall be constructed with
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
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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 V
with all other existing and anticipated development, shall not increase the water
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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:
(i) a licensed professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall certify
that the design and methods of construction are in accordance with accepted
standards of practice to make the structure watertight with wails 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
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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; `
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(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.
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(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
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(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
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SOLUTIOK 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 PORK (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 I 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
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Ithaca Zoning Ordinance and in accordance with the applicable provisions of Sections 264, 265,
and 281 of the Town Law, it is RESOLVED as follows:
1. The Town Board, in concurrence with the recommendations of the Planning Board,
determines that the existing and probably future character of the neighborhood in which the
rezoned parcel is located will not be adversely affected; that specific conditions hereafter set
forth have been imposed to provide for an adequate drainage system and with respect to other
matters concerning the proposed development; that the change from R-15 to Multiple Residence
is in accordance with a comprehensive plan of development of the Town of Ithaca; and that the
proposed change is in accordance with the purposes for which the existing Zoning Ordinance
of the Town of Ithaca was adopted.
2. The zoning classification of the parcel of about 18.9 acres, owned by Enos A. Pyle
on Honness Lane in the Town of Ithaca, New York, Tax Parcel 60-1-25.2, and described in
Schedule A, annexed hereto, is changed from a Residence District R-15 to a Multiple Residence
District. The boundaries of said Multiple Residence District shall be as described in Schedule
A of this Resolution.
3. The change in zoning classification•of the above parcel has been made subject to
compliance by the owner of the said parcel, or any portion thereof, with the conditions,
requirements, and the provisions hereinafter set forth. The final site plan of the owner-applicant
shall not be approved and, in any event, no building permit for the construction of any building,
or other structure on said parcel, shall be issued at any time, unless and until the owner-
applicant has complied with all of the said conditions, requirements, and provisions or unless
and until satisfactory assurances, under such conditions as the Town Board may reasonably
determine.
4. The applicants shall also comply with such other requirements and conditions which
the Town Planning Board and the Town Board of Ithaca may reasonably and lawfully require
in the exercise of their power to approve subdivision plats and the development thereof. Nothing
herein contained shall be deemed to limit the authority of the Town Board and the Planning
Board to impose such additional requirements and conditions as may be reasonably and lawfully
required in the approval of the final site plan and the development of the rezoned parcel pursuant
to such plan.
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
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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
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Supervisor, the Town Engineer, and the Town Attorney, shall be received by the Town for the
4
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. The
applicant shall, at his own expense, obtain all easements required for such drainage plan.
(2) Any regulations adopted by the Town Board shall contain such
additional provisions as may be reasonably required to effectuate the foregoing.
E. (1) Adequate, finished parking spaces shall be provided at the ratio of
1.5 parking space for each dwelling unit. No such parking space shall be constructed or located
within the boundaries of any public street or highway.
i
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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 Mowing
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.
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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.
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County
of Tompkins and State of New York, being located on Honness Lane, being bounded and
described as follows:
BEGINNING at a point in the northerly right of way of Honness Lane, said point being
the southeast corner of lands of Roberts and recorded in the Tompkins County Clerk's Office
in Liber 315 of Deeds at page 273; running thence North 06` 18' 04" East along said Roberts,
a distance of 325.37 feet to a point; running thence North 83` 31' 21" West, a distance of
354.21 feet to a point; running thence North 07` 25' 30" East, a distance of 966.12 feet to a
point in the center line of a creek; running thence easterly along the center line of said creek
having a chord bearing of South 81` 45' 22" East for a distance of 248.30 feet to a point in said
center line of the creek; running thence South 07` 25' 30" West, a distance of 342.82 feet to a
point; running thence South 18` 00' 06" East, a.distance of 130.0 feet to a point; running thence
North 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
thence North 84` 19' 02" West along said right of way of Honness Lane, a distance of 50.0 feet
to the point or place of beginning; containing 18.9 acres of land, more or less..
The above described premises are more particularly shown on a survey map entitled
"MAP SHOWING A PORTION OF LANDS OF ENOS PYLE," made by F. Donald McKee,
Land Surveyor #32422, dated June 20, 1972, revised July 26, 1972, a copy of which has been
filed with the Town Clerk.
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LOCAL LAW NO, 3 - 1983
A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHAC
BY CHANGING THE ZONING CLASSIFICATION T LE RF OMULTIP ISIDENCE DISTRI
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. (as amended by Local Law No. 3 - 1987 and Local Law
No. 6 - 1988).
SECTION 1. CHANGE OF ZONING DISTRICT. DESCRIPTION OF PARCEL.
A Multiple Residence District is hereby established encompassing the parcel consisting of about
30 acres of land located on the north side of East King Road and designated on the current tax
assessment map of the Town of Ithaca as Tax Parcel 44-1-4.3 more particularly described in
Schedule A entitled "Description of Parcel on the north side of East King Road which is
established by this Local Law as a Multiple Residence District."
SECTION 2. LEGISLATIVE BASIS AND PjkRPOSE QF 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
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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 l.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 I.C.H. 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
reaming adopted by the Town Planning Board on January 18, 1983 and by the Town
Board on February 7, 1983 and with the Revised Plan as approved by the Planning
Board on January 20, 1987, and no variance in the construction, development, and use
of the parcel shall be permitted except as may be permitted by the Town Planning
Board, or by the Zoning Board of Appeals or, by such person or agent of the Town as
the Planning Board may designate in the case of such minor changes which do not
increase the size or scope of the project or vary the intended use of the site.
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SECTION 4. RECLASSIFICATION OF ZONING.
A. The sovereign power of the Town to enact and amend the Town's Zoning Regulations
is not affected by the enactment of this Local Law. Without limiting the foregoing
declaration, the Town, at the option of the Town Board, may review the status of the
development of, and the extent of construction of improvements on, the subject parcel
and other factors reasonably affecting the area and community within which the subject
parcel is located, the protection and enhancement of the Town's physical and visual
environment and to promote the government, protection, and the health, safety and
well-being of the inhabitants or property in the Town, and, at its option, the Town
Board may amend the Town Zoning Regulations by changing the classification of the
subject parcel or any portion thereof, to a Residential R15 or such other district as the
Town Board may determine.
B. The Town now makes a legislative finding that the owner would reasonably require a
period ending September 30, 1991, to commence and complete the construction of the
Phase or Stage I and II improvements on the project as shown on the Preliminary Plat
of the Butterfield Cluster Subdivision made by George Schlecht, P.E., L.S. dated April
5, 1988, as the same may be hereafter modified with the approval of the Planning
Board in accordance with other provisions of the law.
C. Any building permit issued subsequent to the enactment of this law may be revoked or
modified at the option of the Town Planning Board if:
(i) construction of Phases or Stages I and II has not been substantially commenced by
October 1, 1988, or
(ii) construction of Phases or Stages I and II has not been substantially completed by
September 30, 1991.
The time within which such building permit shall be effective may be extended, if good
cause is shown, by the Town Planning Board.
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SCHEDULE A
DESCRIPTION OF PARCEL ON THE NORTH SIDE OF EAST KING ROAD WHICH IS
ESTABLISHED BY THIS LOCAL LAW AS A MULTIPLE RESIDENCE DISTRICT
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of
Tompkins, State of New York, being a part of Military Lots 89 and 99 (Old Town of Ulysses)
and described as follows:
Beginning at a point in the northeasterly boundary of the existing King Road East(County Road
No. 179) said point being the following two courses and distances from the intersection of the
northerly boundary of the existing King Road East and the westerly boundary of the existing
Troy Road; thence (1) North 82` 02' 47" West 1081.53 feet and thence (2) westerly and
northwesterly on a curve to the right having a radius of 975.0 feet, a distance of 211.07 feet to
the point and place of beginning of the premises intended to be described herein; thence (1)
northwesterly on a curve to the right having a radius of 975.00 feet a distance of 235.12 feet;
thence (2) North 55` 49' 33" West along the said northeasterly boundary of the existing King
Road East a distance of 1731.85 feet to a point on the division line between the property of
Schuylkill Inventors, Inc., on the east and the property now or formerly owned by Cornell
University on the west; thence (3) North 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.
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5
For further description, reference is hereby made to a map of King Road Development
Corporation made by Erdman, Anthony Associates, Consulting Engineers, Rochester, New
York, dated May 15, 1973.
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RESOLUTION CONSIDERING AN APPLICATION FOR THE AMENDMENT OF THE
TOWN ZONING ORDINANCE BY REZONING FROM RESIDENTIAL 15 TO MULTIPLE
RESIDENCE DISTRICT A PARCEL OF LAND LOCATED ON THE NORTHERLY SIDE
OF EAST KING ROAD, 30+ ACRES, TAX PARCEL 6-44-1-4.31, NOW REFERRED TO
AS MAJESTIC HEIGHTS, MADE BY BELL 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
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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
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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
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vii. The applicant's leases shall contain suitable provision prohibiting pets and advising
occupants about the conditions against trespassing in the buffer area and stressing the importance
of protecting the South Hill Swamp from any adverse impact because of unauthorized use by the
public, and
viii. The Applicant agrees to minimize the use of pesticides and other chemicals such
as road salt or calcium throughout the project area in order to limit the possibility that significant
levels may intrude into the groundwater of the South Hill Swamp and thereby alter the ecological
balance within the sensitive area, and
ix. The applicant agrees to consult and work with the staff of the Cornell Plantations
or other Cornell representatives in order to insure the continued hydrological integrity and
stability of the South Hill Swamp, and
D. The proposed legislation shall provide that the change in zoning from Residential
15 to Multiple Residence District has been enacted by the Town Board on the condition that no
buildings and residential units in excess of those approved by the Planning Board, and by this
resolution, shall be permitted and that the construction, development and use must comply in all
respects with the site plans and conditions of approval and rezoning adopted by the Planning
Board and the Town Board and no variance in the construction, development and use of the
parcel shall be permitted except as may be permitted by the Town Planning Board with the
approval of the Town Board.
E. The foregoing provisions shall also be deemed to be findings, agreements and
conditions on the basis of which this resolution was adopted.
F. This resolution does not constitute an amendment to the Zoning Ordinance but is
instead an authority to the Town Attorney and Planning Staff to prepare suitable legislation
relating to the above proposal, keeping in mind the matters concerning which the Town Board
has particular concerns.
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LEA LAW NO. 2 - 1984
A LOCAL LAW AMENDING SECTION 1. OF ARTICLE H OF THE TOWN OF ITHACA
ZONING ORDINANCE BY ADDING LIST PERMISSIBLE DISTRICTS H
MAY BE DESIGNATED AS SPECIAL LAND USE DISTRICT (LIMITED MIXED USE).
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.
Sg&tion 4. The provisions of the Zoning Ordinance and Planning Board Regulations, as they
may be amended from time to time, and any other regulations, orders, rules and resolutions shall
apply to the establishment of any such district. In addition, the Town Board may impose such
conditions and restrictions governing the establishment and regulating the use of land in any such
district as the Town Board deems necessary and desirable.
Section 5. Subject to the provisions below, the procedures governing an application for site plan
approval as provided in Section 46 and 46(a) shall apply except that:
(a) Before submitting a general site plan to the Planning Board, the applicant
shall submit the general site plan to the Town Board.
(b) The Town Board, in its discretion, may require additional information, may
refer the matter to the Planning Board for recommendation, or may establish a
public hearing date on the proposed district.
(c) No application for the establishment of any such district shall be referred
to the Planning Board except by the Town Board.
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(d) The Town Board may impose other procedural requirements with respect
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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 ProjecC and the Lake Shore West Project which have been in the process of being
reviewed by the Town Board and the Planning Board shall be deemed to have been referred to
the Planning Board and the Town Board may amend the Zoning Law to establish such Special
Land Use Districts, if final approval or recommendation has been made by the Planning Board.
Section 7. If any portion of this law is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
Section 8. This law shall take effect immediately.
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LOCAL_LAW NO. 3 - 1984
A LOCAL LAW BELATING TO THE WALTER J. AND JOYCE Y. WIGGINS' LA
TOETRELLE DEVELOPMENT ON ITHACA-DANBY ROAD (ROUTE 96B). AMENDING
THE ZOMNG ORDINANCE TO PERMIT CONSTRUCTION OF A BED AND BREAKFAST
(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:
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(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 R 15 except as modified below:
(a) Side Yards: May not be less than 30 feet.
(b) Spaces between Building: 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
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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
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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.
r
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SCHEDULE A:
REVISED DESCRIPTION OF PORTION OF LAND OF
WALTER J. AND JOYCE Y. WIGGINS
TO BE REZONED
Situate in the Town of Ithaca, County of Tompkins, State of New York.
Beginning in the center line of New York State Route 96B at the southeast corner of lands of
Laurent and Kaethe Bessou, designated as Tax Parcel No. 6-36-1-4.3:
1. Thence southerly along said center line 435' more or less, to the northeast corner of
property of Irene Stout, designated as Tax Parcel No. 6-36-1-5; .
2. Thence westerly 200' more or less, to the northwest corner of said Stout property;
3. Thence southerly 100' more or less, to the southwest corner of said Stout property and
the north line of lands of Fairview Manor Realty Co., Tax Parcel No. 6-36-1-6;
4. Thence westerly in part along a northerly property line of lands of Fairview Manor
Realty Co., and designated as Tax Parcel No. 6-36-1-6, 1100' to a point;
5. Thence northerly through' the lands of Wiggins, 935' more or less to the southerly
boundary of lands now or formerly of Anthony Leonardo, designated as Tax Parcel No.
6-37-2-20.2;
6. Thence easterly along Leonardo's southerly line 600' to a point;
7. Thence southerly, in part along the west line of Bessou's property (designated as Tax
Parcel No. 6-36-1-4.3) 400' more or less to their southwest corner;
8. Thence easterly along Bessou's southerly line, 700' more or less to the center line of
Route 96B and the Point of Beginning.
Containing 20.3 acres, more or less.
tr
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LOCAL LAW NQ. 4 - 1994
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)
RESOLVE:
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
r>
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Ordinance as of the date of the adoption of this Local Law.
1
(b) The process of conversion shall be planned so that there shall be no more than
four(4) structures uncompleted at any time, except that the planting of trees and
shrubbery on any lot may be postponed to a more favorable season, but no more
than twelve (12) months after completion of the conversion.
4. OCCUPANCY RESTRICTIONS
(a) Except as stated in paragraph 3(a), occupancy of each of the two (2) one-
bedroom dwelling units in any converted structure shall be limited to one
household (or family), which is defined either as 'any number of persons related
by blood or marriage, including adopted children' or. 'no more than two
unrelated persons occupying a single dwelling unit.'
(b) Except as stated in Paragraph 3(a), each of the two (2) two-bedroom dwelling
units in any converted structure shall be occupied by no more than one
household or family, as described above, plus one unrelated person.
(c) After the conversion, remodelling, or modification of any such structure has
begun pursuant to a valid building permit, the structure shall not be occupied or
leased other than in conformance with the requirements of this Resolution.
5. CONVERSION INTO LESS THAN FOUR UNITS
In the event any structure is, at any time, converted to less than four dwelling units, the
conversion shall be final, and any such structure shall thereafter contain no more than such lesser
number of units into which the building was converted and the number of such dwelling units
in such structure shall not be thereafter increased. For example, any structure converted into
3 or 2 dwelling units shall thereafter continue to be used and occupied only as a 3 or a 2
dwelling unit structure, as the case may be.
6. DESTRUCTION OF BUILDING
If any converted building is partially or substantially destroyed or damaged by fire or other "act
of God," the owner may rebuild a structure of similar design and dimensions, having no more
than the number of dwelling units it contained immediately prior to such damage or destruction.
7. OWNER OCCUPANCY
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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.
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(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.
b
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SCHEDULE A
Description of Land of Rocco Lucente on Sapsucker Woods Road.
The area to which the provisions of this law apply is located on the West side of Sapsucker
Woods Road, and consists of 14 lots (Lots 2 to 15 inclusive), shown on the survey map of the
"Rocco Lucente Subdivision on the West side of Sapsucker Woods Road" made by Carl
Crandall, C. E., dated April 8, 1967, a copy of which is on filed in the Office of the County
Clerk.
The area begins on the West side of Sapsucker Woods Road at a point which is the Northeast
corner of Lot 1 as shown on said map, which is 250 feet north from the intersection of the West
line of Sapsucker Woods Road and the North line of Hanshaw Road; thence North 1427 feet,
more or less, along the street line to the Northeast corner of Lot 15; thence to the Northwest
corner of Lot 15; thence South along the West line of Lots 15-11 inclusive, 497.5 feet, more
or less, to the Southwest corner of Lot 11; thence East about 25 feet to the Northwest corner
of Lot 10; thence South along the West line of Lots 2-10 inclusive, 950 feet, more or less, to
the Northwest corner of Lot 1; thence East along the North line of Lot 1, 175 feet to the place
of beginning.
M
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LOCAL LAW NO. 4 - 1986
TO AMEND THE ZONING ORD ANCE T'O PROVME A SPECIAL LAND USE DIS'�'RICT
ajN= MDMD_USE) AT THE BIGGS COWLEX 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, R34 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
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s
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
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Use District No. 3 is described on Schedule A to this local law. The Official Zoning Map of
the Town of Ithaca is hereby amended by adding such district at the location described.
7. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
8. This law shall take effect 20 days after its adoption or the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF PORTION OF LANDS OF TOMPKINS COUNTY
BEING REZONED SPECIAL LAND USE DISTRICT NO. 3
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, State of New York, more particularly described as follows:
COMMENCING at a point in the access road to the Tompkins County Biggs facility which point
of beginning is located 91.99 feet south 23 degrees 11 minutes 36 seconds east from a "PK" nail
located in the center line of Indian Creek Road at the intersection of said center line with the
center line of said access road; running thence south 76 degrees 49 minutes 53 seconds east
229.21 feet along the center line of a service road; running thence on a curve to the right along
the center line of said service road with a chord direction of south 63 degrees 33 minutes 19
seconds east and a chord distance of 287.27 feet to a point; running thence south 50 degrees 49
minutes 47 seconds east along the center line of said service road 112.53 feet to where said
center line intersects with the center line of another service road; running thence south 15
degrees 36 minutes 25 seconds east along the center line of a service road 269.33 feet to a point;
running thence south 74 degrees 37 minutes 45 seconds west 68.12 feet to an iron pipe;thence
running south 15 degrees 21 minutes 36 seconds east 155.9 feet to an iron pipe; running thence
north 74 degrees 29 minutes 53 seconds east 67.47 feet to a point; running thence on a curve
to the left and then a slight curve back to the right with a combined chord distance of south 49
degrees 9 minutes 39 seconds east and a chord distance of 209.49 feet which line runs along the
center line of said service road to its intersection with the center line of another service road;
running thence northerly on the center line of the service road and past the gas regulating house
on a curve first to the right and then slightly to the left, the combined chord being in a direction
of north 16 degrees 40 minutes 5 seconds east with a chord distance of 344.8 feet to a point of
juncture between the center lines of two service roads; running thence on a slight curve to the
left along the center line of one of said service roads a chord direction of north 85 degrees 5
minutes 49 seconds east and a chord distance of 114.48 feet to a point; running thence along the
center line of said road on a chord direction of north 69 degrees 42 minutes 24 seconds east and
a chord distance of 99.87 feet to a point; continuing along the same center line a chord direction
of north 52 degrees 6 minutes 42 seconds east a chord distance of 99.89 feet to a point; running
thence along the center line a further distance of 16.29 feet to a point; running thence south 3
degrees 42 minutes 28 seconds east 645.48 feet to a point; running thence south 32 degrees 41
minutes 49 seconds 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
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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.
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LOCAL LAW NO. I - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER CORNELL
UNIVERSITY fiTATLER WEST C OMPIXX (as amended by Local Laws No. 5 - 1987 and No.
7 - 1993).
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. 4"
2. The uses permitted in Special Land Use District No. 4 are:
(a) Any use permitted in an R-15 Residence District;
(b) Up to seven multiple-family dwellings provided that the same are included in the
buildings presently on the premises known as Special Land Use District No. 4
and do not require construction that would enlarge the footprint or the bulk of
the buildings presently on the premises.
(c) Business offices or professional offices, such as medical offices and laboratories
(subject to the further provisions stated herein);
(d) Art gallery;
(e) So long as all of the land in Special Land Use District No. 4 is owned by the
same landowner, the following additional uses are permitted:
(i) Off-premises catering subject to the following conditions:
(A) The only facilities on the premises to be utilized for this purpose
will be the existing kitchen and immediately adjacent areas and
associated loading areas for bringing in and taking out of food,
food products and other catering related goods.
(B) No activity shall take place relating to the off-premises catering
between the hours of 10:00 p.m. and 7:00 a.m. Sunday through
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Thursday nights (except for any nights before a recognized,legal
holiday in which event the 10:00 p.m. limitation can be extended
until 12 midnight), and 12:00 midnight and 9:00 a.m. Saturday
and Sunday mornings.
(ii) On-premises functions involving the serving for hire of food and
beverages to private groups of people such as wedding receptions,
retirement parties, and similar private functions, subject to the following
conditions:
(A) There will be no more than 30 such functions per year of which
no more than 10 shall be on weekday evenings.
(B) Such functions shall utilize only the existing kitchen, the
associated dining area, and, weather permitting, the grounds
adjacent to the large dining area.
(C) No such functions shall occur or continue between the hours of
7:00 p.m. to 7:00 a.m.
(D) The maximum number of people to be permitted at any one time
in such on-premises functions shall be no more than approved by
the Planning Board when it approves the final site plan but in no
event shall the number exceed
(i) 150 or,
(ii) if less, the maximum permitted by the New York State
Uniform Fire Prevention and Building Code.
(E) Regardless of the hours at which the function ends, there is to be
no amplified music outside the building.
(F) Any construction changes that would alter the size of the space
presently existing in the buildings for kitchen facilities and
associated dining and socializing facilities shall not occur until the
same have been shown as a modified site plan and approved by
the Planning Board. In determining whether to approve such
modified site plan, the Planning Board shall consider all of the ,a
matters it is directed to consider pursuant to the terms of the
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Zoning Ordinance regarding site plan reviews and in addition the
effects that the use of any modified structures may have on
persons occupying other portions of the structures as residential
facilities including noise, odors, parking, traffic, and other such
matters.
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) 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
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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 24 days after its adoption or the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF PORTION OF LANDS OF 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 comer 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 comer of premises reputedly owned by Comell
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, 19869 by Milton A. Greene, P.L.S. 42000, which
corner is an east line of New York State Route 96; running thence north 68 degrees 48 minutes
east along a southwesterly line of the Paleontological Research premises a distance of 710.22
feet to an iron pipe; running thence south 46 degrees 30 minutes east passing through an iron
pipe at 317.18 feet a total distance of 405 feet to an iron pipe; running thence south 10 degrees
10 minutes east 241.76 feet to an iron pipe; running thence on a slight curve to the left with a
chord distance of 230.24 feet on a bearing of south 64 degrees 57 minutes west with a radius
of 448.26 feet to an iron pipe; running thence south 50 degrees 4 minutes west 321.76 feet to
a point in the east line of New York State Route 96; running thence north 43 degrees 56 minutes
west passing through an iron pipe at 438.88 feet a total distance of 784.08 feet to the point or
place of beginning.
The above description is based upon a map entitled "Proposed Special Land Use District for J.
Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated December 17,
1986, by J. W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands of Cornell
University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S.
42000, a copy of which map is on file with the Planning Department of the Town of Ithaca.
Containing approximately 10.2 acres of land, more or less.
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LOCAL LAW NO, 6 - 198
A WCAL LAW TO AMEND THE ZONING ORDINANCE BY REZONING A PORTION
OF LAND AT 136-146 SEVEN MILE DRIVE FROM R-30 MIDENTIAL DIS CD TO
R-5 (MOBILE HOME PARK DISTRICT) (as amended by Local No. I - 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;
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and
(iii) The Planning Board is reasonably satisfied that the addition of such twelve
units has not had a significant adverse impact(a) upon the quality and adequacy
of water for the remainder of the Park and for the surrounding landowners (or
if a significant impact is found, such impact will be ameliorated by the imminent
availability of public water) or(b) upon the quality, adequacy, and effectiveness
of the septic systems for the Park and surrounding neighbors; and
(iv) The Planning Board is reasonably satisfied that the addition of up to ten
more units (Phase Two units) will have no such significant impact in the future
upon water supplies and septic systems.
Upon making such determination, and subject to such other additional conditions as the
Planning Board may reasonably impose, the developer may be .authorized by the
Planning Board to install up to ten more new units in accordance with final site plan
approval from the Planning Board for Phase II of the development, and up to ten more
building permits may thereafter issue for same.
No more than the ten permits for Phase II shall be issued until completion of Phase II
and the developer has again conducted tests as required upon completion of the first
phase of ten units and two relocated units and the same procedures are again followed
and the same determinations are again made with respect to there being no significant
impact on water supplies and septic systems from the already constructed units and the
planned final ten units. If the Planning Board finds no such significant impact has or
will occur, and otherwise approves a final site plan for Phase III, the developer may
receive building permits for up to ten final units to the extent authorized and approved
by the Planning Board and upon such conditions as may be reasonably imposed by the
Planning Board.
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.
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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.
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(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
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I In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
4. This law shall take effect 20 days after its adoption or upon the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF LANDS BEING REZONED FROM
R-30 TO R-5 ON SEVEN MILE DRIVE
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, State of New York, more particularly described as follows: COMMENCING at a point
in the center line of Seven Mile Drive which point is approximately 1,472 feet northerly along
the center line of Seven Mile Drive from its intersection with the center line of New York State
Route 13 and which point of beginning is in a southeasterly comer 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 comer 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 comer in said property; running thence
south 89 degrees 49 minutes west 120 feet to a point, which point is approximately 1,135.82 feet
easterly of the center line of Calkins Road; running thence north 0 degrees 11 minutes west
parallel to the center line of Calkins Road a distance of approximately 209.1 feet to a point in
the north line of premises owned by Jacobs; running thence north 89 degrees 49 minutes east
along said north line of Jacobs 1,075.66 feet to a point which point is located 250 feet south 89
degrees 49 minutes east from the center line of Seven Mile Drive and which point is marked by
an iron pin; running thence south 54 degrees east between said barn and garage a distance of 180
feet to an iron pin; running thence north 89 degrees 49 minutes east passing through an iron pin
at 224.20 feet a total distance of 250 feet to the center line of Seven Mile Drive; running thence
south 0 degrees 54 minutes east along the center line of Seven Mile Drive a total distance of
478.02 feet the point or place of beginning.
The description set forth above is based upon two maps, one entitled "Map of Survey
Portion of Lands Owned by Paul A. and Linda S. Jacobs" dated April 26, 1986, revised July
31, 1986, surveyed and mapped under direction of Richard L. McDowell, Jr. and a general site
plan entitled "Addition to College View Mobile Home Park, Paul Jacobs, Seven Mile Drive,
Ithaca, New York, 14850" dated November 20, 1986, made by William F. Albem, P.E,, copies
of which maps are on file with the Planning Department of the Town of Ithaca.
Containing approximately 18 acres of land, more or less.
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LOCAL LAW NO. 10 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE REZONING THE FORMER
ODD FELLOWS CARRIAGE HOUSE FROM RESIDENCE DISTRICT R-30 TO MULTIPLE
RESIDENCE DISTRICT.
The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective
February 26, 1968, and subsequently amended, be further amended as follows:
1. The Zoning Map dated July 1, 1954, as amended to date, is hereby further amended
by rezoning the lands described on Schedule A incorporated into this local law from Residence
District R-30 to Multiple Residence District.
2. The area so rezoned is subject, in addition to the conditions set forth in Article 6
of the Zoning Law to the following additional conditions:
(a) There shall be no more than seven dwelling units permitted on said land.
(b) No dwelling unit will be occupied by any more than three unrelated
persons and the entire premises will not be occupied by any more than
a total of 21 people, related or otherwise.
(c) There shall be filed with the Town Clerk of the Town of Ithaca and with
the Tompkins County Clerk a Declaration of Restrictive Covenant, in
form and substance satisfactory to the Town Attorney, limiting the
occupancy in the manner set forth above.
(d) The execution by the developer of appropriate easements, subject to the
approval by the Town Attorney, such that there be one-way ingress at
the southern Statler West Complex gate for the Multiple Residence
District created by this local law, the Mayer School, and the former Odd
Fellows Infirmary, and such that there be egress from the northerly gate
of the Statler West Complex, until such time as a road is constructed
along the 60-foot right of way located adjacent to the northerly line of
the premises being rezoned to Multiple Residence by this local law.
These easements may be modified in the discretion of the Town of
Ithaca Planning Board after review of a revised site plan showing the
proposed modification.
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(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.
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, New York, being known generally as Ithaca Tax Parcel 6-24-3-3.3 located on
Trumansburg Road and is more particularly described in accordance with the map entitled "Final
Plat Proposed Subdivision Lands of Cornell University" dated August 26, 1986 made by Milton
A. Greene, a copy of which final plat is on file with the Town of Ithaca Planning Office as
follows:
COMMENCING at an iron pipe in the easterly line of New York State Route 96 which
iron pipe and point of beginning is located the following courses and distances from the
intersection of the center line of New York State Route 96 and Bundy Road:
(f) northwesterly along the center line of New York State Route 96 approximately
1649.0 feet;
(9) 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.
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LOCAL LAW NO. 2 - 1988
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
SAND USE DISTRICT (LIMITED MIXED USE) AT 904-906 EAST SHORE DRIVE FQR
THE TOMPKINS COUNTY CHAMBER OF COMMERCE (as amended by Local Law No. 4 -
1988).
The Zoning Ordinance of the Town of Ithaca as readopted, amended, and revised
effective February 26, 1968, and thereafter further amended, be further amended as follows:
1. Article II, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is
amended by adding to the permissible districts itemized in said section a district designated as
"Special Land Use District No. 5."
2. The uses permitted in Special Land Use District No. 5 are:
(a) Any use permitted in a R-15 residence district;
(b) Professional offices for,occupancy by non-profit entities (subject to the
further provisions stated herein); and
(c) Visitors information center or tourism center for the area, in either
instance operated by a not-for-profit or municipal entity.
3. Notwithstanding the foregoing, no uses shall be permitted if not pursuant to and
consistent with a unified plan for the Special Land Use District (Limited Mixed Use) as such is
initially approved by the Planning Board and subsequently amended with the approval of the
Planning Board.
4. Any use in this district shall be governed by all of the requirements, including
parking, sideyards, setbacks, building coverage, accessory uses, and similar requirements (except
for permitted occupancies which shall be only as set forth above) relating to an R-15 residence
district.
5. In addition to the requirements and restrictions imposed above there shall be no new
construction in this Special Land Use District unless and until all of the requirements of this
ordinance have been complied with and, in addition, the following requirements to the extent
not required by other provisions of this ordinance:
(a) The exterior design, specifications, and plans for the buildings and other
a
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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. J
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8. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
9. This law shall take effect 20 days after its adoption or the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF ENLARGED SPECIAL LAND USE DISTRICT NO. 5
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins and State of New York, bounded and described as follows:
COMMENCING at a point in the center line of East Shore Drive, State Route 34, at
or near the northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at page 274)
which premises are known generally as the site of the Ithaca Youth Bureau; running thence
northerly and along the center line of East Shore Drive 60 feet to the southeast corner of lands
reputedly of Leo M. Wells (see 379 Deeds 410); continuing northerly along the center line of
East Shore Drive a distance of 79.5 feet to the northeast corner of said Wells property and also
the southeast corner of other premises reputedly owned by Wells (see Liber 466 of Deeds at
page 230); continuing northerly along the center line of East Shore Drive 117.3 feet to the
northeast corner of said second Wells parcel; running thence southwesterly and along premises
now or formerly reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet
to the east line of premises now or formerly of the Lehigh Valley Railroad Company; thence
southwesterly along the easterly line of said railroad company a distance of approximately 141
feet to a point; thence southerly running along the westerly line of the second Wells parcel
described above; the first Wells parcel described above and the premises now or formerly of
Bowman (see Book 585 of Deeds at page 594) a total distance of 82.8 feet to a point, which
point is the southwest corner of said Bowman parcel; running thence easterly and in part along
the City of Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel
a total distance of 264 feet to the east line of East Shore Drive; continuing thence in the same
direction a distance of approximately 33 feet to the center line of East Shore Drive at the point
or place of beginning.
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LOCAL LAW NO. 2 - 1989
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
MIXEDLAND USE DISTRICT&lh= E)FOR THE INDIAN CREEK RETIREMEMI
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, roamers, 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, roamers, lodgers or other occupants.
(c) Attached single-family units aggregated together in one or more buildings
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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
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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.
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(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
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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
(i) the developer will provide its own water service or facility for
the Indian Creek Retirement Community; and/or
(ii) the developer will construct any sewer and/or water mains that
may be required to provide water and/or sewer service to the
Indian Creek Retirement Community; and/or
(iii) the developer may make contributions to the Town of Ithaca in
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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.
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SCHEDULE A
DESCRIPTION OF LAND OF INDIAN CREEK RETIREMENT COMMUNITY
REZONED SPECIAL LAND USE DISTRICT NO. 6
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, State of New York, more particularly described as follows: COMMENCING at a point
in the west line of Trumansburg Road which point is at the northeast comer of premises
reputedly owned by Joyce (see deed recorded in the Tompkins County Clerk's Office in Book
602 of Deeds at Page 507); running thence south 66 degrees west along the north line of Joyce
257.1 feet to an iron pin; running thence south 24 degrees 23 minutes east along a west line of
Joyce 457.3 feet to an iron pin; running thence south 69 degrees 4 minutes west along a fence
line 464.0 feet to a pipe; running thence south 81 degrees 28 minutes west along a fence line
,531.8 feet to a pipe; running thence south 60 degrees 8 minutes west along the remains of an
old fence line 323.4 feet to a pipe; running thence south 2 degrees 45 minutes east
approximately 50 feet to a point, 100 feet northerly from the center line of Indian Creek;
running thence westerly on a curve parallel to and 100 feet northerly of the center line of Indian
Creek a distance of approximately 1400 feet to a point in the west line of premises shown on
a map entitled "Survey Map Lands of Bruce M. Babcock Located on Trumansburg and Hayts
Roads, Military Lots 40 and 41, Town of Ithaca, Tompkins County, New York" dated May 29,
1987; running thence north 9 degrees 27 minutes east along the west line as shown on said map
approximately 1280 feet to a pipe; running thence south 89 degrees 19 minutes east 1,215.5 feet
to the center line of Trumansburg Road running in part along an old fence and hedge; running
thence on a curve to the left along the center line of Trumansburg Road, said curve having an
arc distance of 302 feet and a chord direction of south 45 degrees 48 minutes east and a chord
distance of 301.8 feet to the point or place of beginning.
The description set forth above is based largely upon the above referenced survey map,
of the lands of Bruce M. Babcock, a"copy of which map is on file with the Planning Department
of the Town of Ithaca.
Containing 66 acres of land, more or less.
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j,ACAL LAW NO, 15 - 1992
A LOCAL LAW AMENDING THE 108M OF ITHACA ZONING ORDMNCE
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.
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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 taut 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
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LOCAL LAW NO. 22 - 1992
A LOCAL LAW TO AMEND THE TOWN OF TTHACA 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.
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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 190 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.
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SCHEDULE B
AREA TO BE REZONED R15
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins a
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.
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LOCAL LAW NO. 5 - 1993
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP REZONING T X
PARCELS NO. (6) 54-7-41 AND (6) 54-7-43. LOCATED AT 237 CODDINGTON ROAD
FROM RESIDENCE DISTRICT R-9 TO MULTIPLE RESIDENCE DISTRICT.
[Lacovelli]
The Zoning Ordinance of the Town of Lthaca 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 described on Schedule A
incorporated into this local law from Residence District R-9 to Multiple Residence District upon
the following conditions (in addition to and supplementing the conditions normally required
relative to multiple residence districts):
a. A maximum of 14 dwelling units shall be located in the district to be contained
in no more than three buildings;
b. The construction in the rezoned area shall be substantially in accordance with
the plan entitled "Schematic Design: Proposed Apartment Complex, 237
Coddington Road, Orlando Iacovelli" dated December 17, 1992 with only such
changes therein as may be approved by the Planning Board, such construction
to consist essentially of the construction of one new six-dwelling unit, 18 bed
(3 beds per unit) apartment building and the conversion of two existing two-
dwelling unit, 16 bed apartment buildings to two four-unit buildings housing a
combined total of 28 beds;
C. Overall occupancy of the property shall not exceed 46 persons; and
d. A final site plan shall be submitted to and approved by the Planning Board, such
plan to include appropriate planting plans, buffering to adjoining properties, and
other items required by the site plan sections of the Zoning Ordinance and by
the Planning Board regarding site plan approval.
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.
r
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SCHEDULE A
DESCRIPTION OF LANDS TO BE ZONED MULTIPLE RESIDENCE
a
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins and State of New York, and shown in part on a map entitled "Survey Map No. 237
Coddington Road, Town of Ithaca, Tompkins County, New York" dated September 21, 1983,
made by T.G. Miller Associates, P.C., a copy of which was recorded in the Tompkins County
Clerk's Office in Book 498 of Deeds at Page 310, and which premises consist all of Lots 18,
17, 16, 14, 13, and the south half of Lot 12 as shown on the map entitled "Lands of The Ithaca
Land Company", filed in the Tompkins County Clerk's Office June 12, 1895, in Drawer 63, and
which property is more particularly described as follows:
BEGINNING at an iron pipe in the northeasterly line of Coddington Road at a point 80
feet northwesterly along the northeasterly line of Coddington Road from its intersection with the
northerly line of Pennsylvania Avenue, an unopened strip, and which point of beginning is the
most westerly corner of Lot 15 as shown on said Ithaca Land Company map now or formerly
owned by Langlois (Book 566 Deeds 584); running thence north 30 degrees 58 minutes west 125
feet to a point, which point is in the mid-point of Lot 12; running thence north 59 degrees 40
minutes east along the center of Lot 12, 192.1 feet to an iron pipe in premises now or formerly
of New York State Electric & Gas Corporation; running thence south 42 degrees 4 minutes east
along the easterly lines of Lots 12, 13, and 14; running thence south 39 degrees 22 minutes 22
seconds west along the northeasterly lines of Lots 16, 17 and 18, a distance of 300 feet to a
point in the north line of Pennsylvania Avenue; running thence north 83 degrees 6 minutes 10
seconds west along the north line of Pennsylvania Avenue 250.23 feet to a point, which point
is a southeasterly corner of Lot 15; running thence north 3 degrees 31 minutes east along the
easterly line of Lot 15, 150.11 feet to a point in the southeasterly line of Lot 14; and which
point is the most northerly corner of Lot 15; running thence south 59 degrees, 40 minutes west
along the southeasterly line of Lot 14, 150.11 feet to the northeasterly line of Coddington Road
and the point or place of beginning.
It is the intention to describe Town of Ithaca tax parcels No. 54-7-41, and 54-7-43.
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LOCAL LAW NO. 8 - 1993
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING
REZONING A PORTION OF LAND ON ELMIRA ROAD AND SEVEN MILE DRIVE
FROM LIGHT INDUSTRIAL TO R-30.FROM R-30 TO LIGHT INDUSTRIAL, AND FROM
BUSINESSC TO LIGHT INDUSTRIAL.
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 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 adopted by the Town Board and 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-30 described on Schedule A incorporated into this local law from Light Industrial to
Residence District R-30.
2. The area described on Schedule A, not already zoned Residence District R-30 is
hereby rezoned from a Light Industrial District to Residence District R-30.
3. The zoning map dated July 1, 1954 as adopted by the Town Board and 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 Light District
described on Schedule B incorporated into this local law from Business C uses to a Light
Industrial District.
4. The area described in Schedule B, not already zoned Light Industrial is hereby
rezoned from Business C to Light Industrial.
5. The zoning map dated July 1, 1954 as adopted by the Town Board and 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 Light Industrial
described on Schedule C incorporated into this local law from Residence District R-30 to Light
Industrial.
6. The area described on Schedule C, not already zoned Light Industrial, is hereby
rezoned from Residence District R-30 to Light Industrial.
7. No further development of the portion of tax parcel 33-3-1.2 located in the Light
Industrial Zone shall occur until site plan approval for such development has been obtained from
the Planning Board in accordance with the site plan approval provisions contained in the Zoning
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Ordinance. In addition, no alteration shall occur to the approximately 1.3 acre wetland
area located in the portion of tax parcel 33-3-1.2 located between the premises owned by
Nayana, Inc. (tax parcel 33-3-6) and the premises owned by the International Association of
Machinists (tax parcel 33-3-5.1) northwest of Elmira Road until site plan approval of any
alteration has been obtained from the Planning Board in accordance with the site plan approval
provisions contained in the Zoning Ordinance.
Section 2. 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.
Section 3. This law shall take effect 10 days after its publication as required pursuant
to Section 264 of Town Law.
SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins, State of New York, substantially bounded and described as follows:
COMMENCING at a point which is the northeasterly corner of premises reputedly
owned by International Association of Machinists on the Elmira Road (Town of Ithaca tax parcel
No. 33-3-5.2)and also a northerly corner of premises reputedly owned by Salino (tax parcel No.
33-3-3); running thence southwesterly along the center line of a stream as it meanders to a point
which is a chord bearing of south 67 degrees 42 minutes 50 seconds west and a chord distance
of 512 feet from the point of beginning, and which point is north 61 degrees 55 minutes 20
seconds east 127 feet from the northwesterly corner of the premises reputedly owned by
International Association of Machinists (Town of Ithaca tax parcel 33-3-5.1); running thence
westerly along the center line of said stream as it meanders a distance of approximately 317 feet
to a point in the presently westerly line of the Light Industrial zone; running thence north 11
degrees 34 minutes 5 seconds east along a westerly line of the industrial zone 121 feet to a
point; running thence north 60 degrees 4 minutes 5 seconds east and along the boundary between
the present Light Industrial zone and an R-30 zone a distance of 958.43 feet to a point in the
west line of property reputedly owned by Mancini (467 Deeds 660 - Town of Ithaca tax parcel
No. 33-3-2.2); running thence south 11 degrees 32 minutes 10 seconds west along the west line
of Mancini a distance of 459.51 feet to the point or place of beginning.
It is the intention to describe and to rezone to Residence District 30 the area
denominated "Proposed L.I. to R-30, 5.69 acres" shown on a map entitled "Seven Mile Drive
Subdivision Proposed Zoning Change" dated June 7, 1993, made by Robert S. Russler, Jr., a -
copy of which is on file with the Town of Ithaca Planning Department.
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SCHEDULE B
DESCRIPTION OF LANDS TO BE REZONED FROM BUSINESS C TO
LIGHT INDUSTRIAL
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins, State of New York, substantially bounded as follows:
COMMENCING at a point in the center line of Seven Mile Drive which point is at a
northerly corner of premises reputedly owned by Nayana, Inc. (618 Deeds 811, Town of Ithaca
tax parcel No. 33-3-6); running thence north 11 degrees 34 minutes 5 seconds east along the
center line of Seven Mile Drive a distance of 192 feet to a point; running thence north 63
degrees 30 minutes 5 seconds east a distance of 452 feet along the boundary line between the
Business C and the existing R-30 zones to a point; running thence south 31 degrees 28 minutes
55 seconds east along the current boundary line between the Light Industrial zone and the
Business C zone a distance of 447.89 feet to a point in the northwesterly line of N.Y.S. Route
13; running thence south 59 degrees 45 minutes 50 seconds west along the highway right of way
line a distance of 31.44 feet to a point in the northeasterly line of the Nayana, Inc. property;
running thence north 31 degrees 28 minutes 55 seconds west along the northeasterly line of the
Nayana property a distance of 344.7 feet to the northerly corner of said Nayana property;
running thence south 58 degrees 30 minutes 50 seconds west along the northerly line of said
Nayana property a distance of 550 feet to the center line of Seven Mile Drive and the point or
place of beginning.
It is the intention to describe and to rezone from Business C to Light Industrial zone the
premises denominated "Proposed C to L.I. 1.70 acres" on the map referred to in Schedule A.
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SCHEDULE C
DESCRIPTION OF LANDS TO BE REZONED FROM RESIDENCE DISTRICT R-30
TO LIGHT INDUSTRIAL
Y
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 in the center line of Seven Mile Drive, which point of
beginning is at the intersection of a stream crossing Seven Mile Drive, which point is
approximately 915 feet northerly along Seven Mile Drive from the northwest corner of premises
conveyed to Nayana, Inc. (618 Deeds 811, Town of Ithaca tax parcel No. 33-3-6); running
thence easterly along a stream as the same meanders and turns approximately 383 feet to a point
in the west line of the existing Light Industrial District; running thence south 11 degrees 34
minutes 5 seconds west along said west line to a northerly corner of the existing Business C
District; running thence south 63 degrees 30 minutes 5 seconds west along a northwesterly line
of the Business C District a total distance of 452 feet to the center line of Seven Mile Drive;
running thence north 11 degrees 34 minutes 5 seconds east along the center line of Five Mile
Drive 723 feet to the point or place of beginning.
It is the intention to describe and to rezone from Residence District R-30 to Light
Industrial the area denominated "Proposed R-30'to L.I. or to remain R-30, 4.16 acres" on the
map referred to in Schedule A.
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LOCAL LAW NO. 1 - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT a M M MIXED USE) FOR THE ITHACARE SENIOR LIVING
COMMUNITY ON DANDY ROAD OWNED BY ITHACARE CENTER SERVICES. INC.
(as amended by Local Law 2 - 1996)
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. 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. 7".
2. The uses permitted in Special Land Use District No. 7 are:
(a) One multiple-family dwelling consisting of at least 40 dwelling units and up to
160 dwelling units aggregated with central dining, kitchen, activity,
administration, and maintenance areas, and other related community service
space, such multiple-family dwelling being intended to provide assisted living
accommodations. Each dwelling unit in said multiple-family dwelling may be
occupied by no more than two persons, related or otherwise.
(b) Subject to special approval and site plan approval by the Planning Board the
following accessory uses are permitted:
(i) off-street garage or parking spaces for the residents of, employees
working at, and visitors to the permitted facilities.
(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.
(iii) Common recreational areas including walkways, parks, community
gardens, and other similar outdoor recreational facilities.
(iv) Any municipal or public utility structures necessary to the provision of
utility services for the permitted facilities.
(v) Signs, as regulated by the Town of Ithaca Sign Law.
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3. Any use in this district shall be governed by all of the requirements, including side
yards, setbacks, building coverage, building height, 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. 7 shall be subject
to the following conditions:
(a) The exterior design, specifications, and plans for all 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 shownoon a final site plan and design drawings approved by the
Planning Board, and any construction thereafter shall be in accordance with said
site plan and drawings as finally approved. In determining whether or not to
approve the site plan, the Planning Board shall employ the same considerations
it would employ in approving the site plan pursuant to Article IX and Section
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) Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the
contrary, in Special Land Use District No. 7, no building shall be erected,
altered, or extended to exceed 34 feet in height from the lowest interior grade
or 30 feet in height from the lowest exterior grade, whichever is lower, except,
however, that the one multi-family dwelling permitted pursuant to paragraph
2(a) above may exceed said height limitations provided such building is
constructed substantially in accordance with the elevations and plans numbered
SK-L1J (Preliminary Site Plan - Alternative B.3), L-4 (Planting & Materials
Plan), L-5 (Trail Plan), L-6 and L-7 (Details), and A-6R (Elevations), prepared
by L. Robert Kimball & Associates and dated January 30, 1996, (hereinafter
collectively referred to as the "January 30, 1996, Site Plan")copies of which are
on file with the Town of Ithaca Planning Department. The heights shown on
said plans shall constitute the maximum heights permitted for such building.
Notwithstanding the foregoing, under no circumstances shall the highest point
on the building exceed an elevation of 607 feet above City of Ithaca datum. No
structure other than a building shall be erected, altered, or extended to exceed
30 feet in height.
(d) Except as specifically provided for herein any construction for which a permit
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is granted shall comply with all applicable laws, codes, ordinances, rules and
regulations.
(e) The dwelling units in this Special Land Use District No. 7 shall be occupied by
persons over the age of 54 years requiring assisted living accommodations,
except that adult persons under 55 years of age may reside in the units if
because of disabling conditions said adult persons require the services provided
by the owner, provided that no more than ten per cent (10%) of the occupants
of the facility are under the age of 55.
(f) All of the area rezoned pursuant to this local law shall be owned by the same
party and there shall be no subdivision of the area contained in Special Land
Use District No. 7.
(g) There shall be provided at least 2 parking spaces for every three dwelling units,
except that the Planning Board may reduce the required number of spaces by no
more than 20% in accordance with the criteria set forth in Section 38,
subparagraph 1 of the Zoning Ordinance as amended by Local Law No. 10 for
the year 1993 except that there need not be a finding that the occupancy of the
building or buildings is intended to be a multiple use. If the Planning Board
permits such a reduction', the Planning Board may impose such reasonable
conditions, including the conditions set forth with respect to reductions of
parking spaces in business districts, as may, in the judgment of the Planning
Board, be necessary to assure that such reduction will not cause congestion,
create undesirable traffic flows or hazards, or otherwise be adverse to the
general welfare of the community. In any event, unless expressly waived by the
Planning Board, such reduction shall be subject to the same mandatory
conditions as are set forth with respect to business district parking area
reductions.
5. Any significant revisions to the Preliminary Site Plan (the January 30, 1996, Site
Plan, a copy of which is on file at the Town of Ithaca Planning Department), 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. 7 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
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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 parcel 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.
SCHEDULE A
DESCRIPTION OF PROPERTY TO BE REZONED
TO SPECIAL LAND USE DISTRICT NO. 7
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins, State of New York, bounded and described as follows.
BEGINNING at an iron pin set at the intersection of the westerly highway line of the
State of New York as appropriated for the Ithaca-Danby State Highway No. 5043 and delineated
on Map 15 Parcel 22 and recorded in the Tompkins County Clerk's Office with the northerly
line of lands reputedly of John M. Kelly as described in Liber 693 of Deeds at Page 255, said
pin being located a perpendicular distance from the present center line of the Danby Road, State
Highway Route No.96B of 110.0 feet and is located 7.7 feet northerly from a granite highway
monument found;
Running thence westerly an average bearing of north 83 degrees 26 minutes 05 seconds
west along the northerly line of lands reputedly of Kelly, reputedly of Payne as described in
Liber 340 of Deeds at Page 365 and Liber 368 of Deeds at Page 371, and continuing along the
lands reputedly of Cofer as described in Liber 611 of Deeds at Page 160, for a distance of
1,434.92 feet to an iron pipe found, said iron pipe marks the northeasterly corner of lands
reputedly of Turk as described in Liber 458 of Deeds at Page 522;
Running thence north an average bearing of north 04 degrees 26 minutes 55 seconds
east along the easterly line of lands reputedly of Berggren as described in Liber 624 of Deeds
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at Page 79 and continuing along lands reputedly of Puerta as described in Liber 577 of Deeds
at Page 613 and continuing along the lands reputedly of Goodloe as described in Liber 656 of
Deeds at Page 590, for a distance of 714.42 feet to an existing iron pipe, said iron pipe marks
the northeasterly corner of lands of Goodloe;
Running thence north 89 degrees 57 minutes 24 seconds east along a proposed new
division line through the lands of Ithaca College for a distance of 1,375.48 feet to an iron pin
set;
Running thence south 78 degrees 28 minutes 05 seconds east and continuing through
the lands of Ithaca College for a distance of 230.0 feet to an iron pin set in the westerly highway
line of New York State Route 96B, Danby Road;
Running thence south 11 degrees 31 minutes 55 seconds west along the westerly
highway line of New York State Route 9613, the Danby Road for a distance of 525.0 feet to an
iron pin set, said iron pin marks the northeasterly corner of the scenic overview area as
appropriated by the State of New York;
Running thence north 78 degrees 33 minutes 31 seconds west along the northerly line
of the scenic overview area for a distance of 60.0 feet to an iron pin set;
Running thence south 11 degrees 30 minutes 40 seconds west along the westerly line
of the scenic overview area for a distance of 335.64 feet to an iron pin set, the point and place
of beginning.
Said parcel contains 28.010 acres of land to the highway line.
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RESOLUTION OF THE TOWN BOARD DATED JANUARY 13. 19244 REGARDING
REVIEW OF II ARE REZONING
WHEREAS, the Town of Ithaca has just adopted a local law rezoning certain lands '
on Route 96B-Danby Road from Industrial. to Special Land Use District Number 7; and
WHEREAS, such rezoning was at the request of Ithacare Center Services, Inc. in order
to permit Ithacare, Inc., a not-for-profit corporation, to construct a facility that would provide
assisted care for principally the elderly of the community; and
WHEREAS, the Ithacare proposal will require significant financing .from several
sources which financing is not totally assured and, as a result, the project may not be able to be
commenced; and
WHEREAS, the Town will shortly begin the process of implementing its
Comprehensive Plan which will, among other items, entail a significant review and probable
revision of the Town's Zoning Ordinance; and
WHEREAS, the Ithacare proposal is clearly in conformance with the Comprehensive
Plan, but if Ithacare is unable to proceed with its project, different proposals from different
groups utilizing the same land area for other quasi-multi-family uses may not be as appropriate
nor as consistent with the goals and objectives of the Town's Comprehensive Plan;
NOW, THEREFORE, it is
RESOLVED that if Ithacare Center Services, Inc. has not commenced construction in
a substantial manner pursuant to a validly issued Town of Ithaca building permit by
February 1, 1996, the Town Board review the status of the entire proposal and consider
whether to continue the zoning of such area as a special land use district or whether
such area should be rezoned back to an industrial district or to another type of district
compatible with the directions and intent of the Comprehensive Plan; and it is further
RESOLVED that nothing in this resolution, nor in the action rezoning such land to
Special Land Use District Number 7, shall preclude the Town from considering at any
time the appropriateness of the current zoning and, in particular, the possibility even
if construction has begun, of zoning the area into some type of institutional zone or
district as part of the overall revision of the Town's Zoning Ordinance.
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LOCAL LAW NO. 3 - 1994
A LOCAL LAW AMENDING THE TOWN OF ITHACA,ZONING MAP REZONING LANDS
ALONG RIDGECREST ROAD FROM R30 TO R 15.
Y
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 lands described on Schedule A incorporated into this local law are hereby
rezoned from Residence District R-30 to Residence District R-15.
2. The Zoning Map dated July 1, 1954, as readopted by the Town Board and as
modified and approved by the Town Board on December 13, 1993 as the same may have been
subsequently amended to date, is hereby further amended by showing the lands set forth on
Schedule A incorporated herein as 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.
SCHEDULE A
DESCRIPTION OF LANDS TO BE ZONED RESIDENCE DISTRICT R-15
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins and State of New York, and being more particularly described as follows:
COMMENCING at the intersection of the center line of Ridgecrest Road and the center
line of King Road East; running thence southerly along the center line of Ridgecrest Road to the
south boundary line of the Town of Ithaca and at the southwest corner of tax parcel No. 45-2-
15; running thence easterly along the south line of said tax parcel and also the south line of the
Town of Ithaca approximately 225 feet to an easterly boundary line of the water district as
shown on the Town of Ithaca tax maps revised through March 1, 1992; running thence northerly
along the water district boundary line running substantially parallel to Ridgecrest Road and along
the rear lot lines of tax parcels Nos. 45-2-15 through 29 to the south line of tax parcel No. 45-2-
2; running thence westerly along the south line of said tax parcel and along the water district
boundary line approximately 59 feet to the southeast corner of tax parcel No. 45-2-1; running
thence northerly along the east line of said tax parcel 45-2-1 to the center line of King Road
East; running thence westerly along the center line of King Road East to the point or place of
beginning.
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LOCAL LAW NO. 1 - 1995
LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND
USE DISTRICT (LIMITED MIX USE) FOR THE ECOVILLAGE CO-HOUSING
COOPERATIVE
Section. 1• Findings.
A. The Town of Ithaca's Comprehensive Plan encourages the development of
environmentally sound housing communities; and
B. A group, now known as First Residents Group, is in the process of forming a
Cooperative Housing Corporation under the laws of the State of New York to be named
EcoVillage Co-Housing Cooperative for the purpose of developing and owning such
housing; and
C. EcoVillage at Ithaca, another entity, has agreed to sell approximately 33 acres
to the First Residents Group or its successor cooperative, contingent upon the rezoning
provided by this local law and receipt of all other requisite approvals by the Town of
Ithaca and Tompkins County; and
D. The proposed project will:
(a) contribute to the variety of housing styles and patterns of development
available in the Town;
(b) develop and model a neighborhood design for pedestrians, with minimal
traffic, attractive landscaping, and safe play areas for children;
(c) utilize clustering to create an aesthetic, quiet and safe neighborhood space
to help foster a sense of community;
(d) utilize interior acreage for housing, which will allow preservation of better
agricultural soils, avoid strip-type residential development along roadways, create a
safer environment, preserve existing rural character and existing views along roadways;
(e) demonstrate the manner in which housing may be developed to conserve
energy and water, by utilizing passive solar designs, super-insulation, careful
landscaping for wind protection and low-flow water devices;
(f) demonstrate how housing may be developed which conserves energy by
building smaller individual dwellings and concentrating otherwise-duplicated, energy-
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consuming spaces into a community center or "common house"
(g) demonstrate how meaningful open space may be preserved in conjunction
with construction of new housing at ordinarily-permitted densities.
Section 2. Purpose. It is the purpose and intent of this local law to allow, by creation of a
Special Land Use District, an opportunity for the implementation of the foregoing goals and
objectives in an environmentally and ecologically sound manner.
Section 3. Amendments to Zoning Ordinance. 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:
A. Addition of Special Land Ilse District No. 8. Article II, Section 2 of the Town of
Ithaca Zoning Ordinance is amended by adding to the permissible districts itemized in said
section a district designated as "Special Land Use District No. 8".
B. Princia Use Regulations. In Special Land Use District No. 8, no building
ilding 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. A two-family dwelling may be occupied by not more
than two families and each dwelling unit in a two-family dwelling may be
occupied by no more than
(a) one family, or
(b) one family plus no more than one boarder, roomer, lodger, or other
occupant.
3. A community center, also known as a "common house" which may house
recreation, meeting, and dining space, children's playrooms, kitchen facilities,
common laundry facilities, and other accessory uses permitted in this Special
Land Use District and/or other community space, provided, however, that the
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community center is to be used exclusively by the residents of the dwellings
located within this Special Land Use District. ,
4. 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, and nursery school.
(c) publicly owned park or playground including accessory buildings and
improvements.
(d) Nursing or convalescent home, or medical clinics.
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 of the Zoning Ordinance supplemented by the
provisions of this local law. No building permit shall be issued unless the
proposed structure is in accordance with the final site plan approved by the
Planning Board.
5. 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 of the Ordinance. Usual farm buildings are
permitted, provided that:
(a) Any building in which farm animals are kept shall be at least 100 feet from
any dwelling or community center and any street right of way, and if
subdivision approval is obtained, at least 100 feet from any lot line.
(b) No manure shall be stored within 100 feet of any dwelling or community
center or street right of way, and if subdivision approval is obtained, within 100
feet of any lot line.
6. Any municipal, public or private utility purpose necessary to the maintenance
of utility services.
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7. Cemetery and the buildings and structures incident thereto, but only upon special
approval of the Board of Appeals.
8. A roadside stand or other structure for the display and sale of farm or nursery
products incidental to farming and as a seasonal convenience to the owner or
owners of the land. Any such stand shall be located a minimum of 15 feet from
the street line, in such a manner as to permit safe access and egress for
automobiles, and parking off the highway right of way and shall not be operated
more than eight months out of any one year.
9. Signs, as regulated by the Town of Ithaca Sign Law.
10. Day care homes and group day care facilities.
11. Group family day care homes upon special approval by the Board of Zoning
Appeals pursuant to Section 77, Subdivision 7.
C. Accessory Uses. Permitted accessory uses in Special Land Use District No. 8 shall
be limited to the following:
1. Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist,
architect, computer consultant, software consultant, 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
(a) No additional person not residing on the premises may be employed therein;
and
(b) No goods or products are publicly displayed or advertised for sale; and
(c) There is no outside storage; and,
(d) No noise, dust, disorder, or objectionable odor is experienced beyond the
dwelling where such use is conducted.
- Any of the above mechanical trades that are conducted in the home shall be
conducted within the confines of the dwelling or the basement of the dwelling
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or in a garage area not to exceed 200 square feet.
3. Offices or occupations as set forth.in paragraphs I and. 2 above may be
conducted in the common house provided
(a) The person or persons conducting such profession or home occupation is a
or are permanent residents of the Special Land Use District except, as to
professions enumerated in paragraph I above, no more than one additional non-
resident person may be employed by any one professional or quasi-professional,
and no more than four additional non-resident persons may be employed in the
aggregate by all of the professionals and quasi-professionals occupying work
space in the common house; and
(b) No more than eight separate offices or work spaces are so occupied in the
common house; and
(c) The aggregate space of all the offices and occupation spaces combined does
not exceed 20% of the total gross floor area of the common house; and
(d) No goods or products are publicly displayed or advertised for sale; and
(e) There is no outside storage; and
(f) No noise, dust, disorder, or objectionable odor is experienced beyond the
space where such occupation or use is conducted; and
(g) No one office or trade authorized above shall be conducted in any space in
excess of 200 square feet; and
(h) The total number of offices or occupations set forth in paragraphs I and 2
located anywhere in this Special Land Use District, whether in the common
house or in a residence, shall not in the aggregate exceed 30. (i.e., there shall
be no more home occupations or professional offices authorized within the
Special Land Use District than if the property were in a residence district R30).
4. Off-street garage or parking space for the occupants, users and employees in
connection with uses specified above, but subject to provisions of Section 45 and
Section 69 of the Ordinance, and subject to the other provisions of this local
law.
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5. A temporary building for commerce or industry, where such building is
necessary or incidental to the development of the residential area. Such
buildings may not be continued for more than one year except upon special
approval of the Board of Appeals.
6. Accessory buildings such as dog houses, storage sheds, carports, gazebos, or
other small structures clearly ancillary and related to dwelling uses in the Special
Land Use District and subject to all other provisions of this local law.
7. The keeping of domestic animals or fowl in accessory buildings, provided that
no such building shall be nearer than 50 feet to any other dwelling and shall be
located on land owned or leased by the person occupying the principal dwelling
to which such building is accessory, and further provided that there shall be no
raising of fur-bearing animals, keeping of horses for hire, or kennels for more
than 3 dogs over 6 months old.
8. Signs, as regulated by the Town of Ithaca. Sign Law.
D. Manner of Land Ownership. The property in this Special Land Use District may
be owned in the following manners:
.1. Each dwelling unit may be owned individually by more than one person or
entity (with or without a homeowners' association or similar body)provided that
there is compliance with the subdivision regulations of the Town of Ithaca
(including the cluster subdivision regulations); or
2. As a cooperative (where there is one entity that owns the land and which leases
land to individuals who then erect dwelling units on the leased land or where
one entity owns the land and all buildings and leases specific dwelling units and
associated accessory buildings to individuals or families); or
3. As a condominium.
Regardless of the manner of ownership, before construction of any improvements anywhere in
the Special Land Use District is commenced, except as otherwise specifically provided by this
local law, a site plan for such construction shall be submitted to and approved by the Planning
Board.
In the event land is to be owned by a cooperative, a final site plan, providing such detail as is
normally required for a subdivision and showing the dimensions and location, in such detail as
the Planning Board may require, of the proposed leased areas, shall be submitted to, and
approved by, the Planning Board before any building permits are issued. The criteria for
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approval of such site plan shall be the same criteria used by the Planning Board in approving
site plans and subdivisions set forth elsewhere in this Ordinance and in the Planning Board's ,
Subdivision Regulations.
E. Density Limitations. There shall be no more than 30 dwelling units constructed •
within this Special Land Use District. Except as authorized below, no structure shall house
more than two dwelling units.
Upon receipt of a special approval for same from the Planning Board, dwellings may
be constructed as part of a single building up to a maximum of 2 dwellings per building,
provided that such construction inconsistent with the purposes for which this Special Land Use
District is being created and is otherwise in accordance with the criteria governing special
approvals set forth elsewhere in this Ordinance.
F. Yard Regulations. The minimum distance between buildings shall be in compliance
with the New York State Building Code.
G. Heights`eLulations. In this Special-Land Use District no building shall be erected,
altered, or extended to exceed 40 feet in height from the lowest interior grade or 40 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 30 feet in height. Notwithstanding the
foregoing, the Planning Board may grant special approval for construction of accessory towers
in excess of 40 feet but in no event shall any structure exceed 60 feet in height.
H. Lot Coveragg. No structure or structures, including accessory buildings or
structures and including parking area and other paved areas, shall be erected, constructed, .
altered or extended to cover, in the aggregate, more than 10% of the land area within the Special
Land Use District.
I. Parking. There shall be provided paved parking, or parking spaces surfaced in such
other manner as may be approved by the Town Planning Board and the Town Engineer, at the
rate of at least two parking spaces for each dwelling unit plus one parking space for each 400
square feet of enclosed building space in any community center.
Notwithstanding the foregoing, if the Planning Board determines that a reduction in the
required number of parking spaces will not adversely affect traffic flow on the proposed site,
will leave adequate parking for all of the reasonably'anticipated uses or occupancies on the site,
and will not otherwise adversely affect the general welfare of the community, such Board may
authorize the minimum number of parking spaces to be reduced by no more than 25%. If the
Planning Board permits such a reduction, it may impose such reasonable conditions, including
the conditions set forth with respect to reductions of parking spaces in business districts, as may,
in the judgment of the Planning Board, be necessary to assure that such reduction will not cause
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congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general
welfare of the community. In any event, unless expressly waived by the Planning Board, such
reduction shall be subject to the same mandatory conditions as are set forth with respect to
business district parking area reductions.
J. Building Permits and Site Plan Approval.
1. 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. Any significant revisions to the Preliminary
Site Plan ("Drawing No. 2A-Project Plan, EcoVillage CoHousing Cooperative,
Revised Road, Revised Property Lines" made by House Craft Builders dated
October 26, 1994, a copy of which is on file at the Town of Ithaca Planning
Department), submitted to the Town Board at the time of the creation of this
Special Land Use District, shall be submitted to and be approved by the Town
Board before issuance of any building permits. Notwithstanding the foregoing,
the Planning Board is authorized to permit modifications of the Preliminary Site
Plan in granting final site plan approval provided that
(a) as modified such site plan is in general conformity with the purposes and
objectives of the local law creating this Special Land Use District; and
(b) the modifications are in accordance with the provisions of this local law and
other provisions of the Zoning Ordinance unless a variance for a deviation has
been obtained from the Board of Appeals; and
(c) the modifications do not significantly reduce the open space provided for on
the Preliminary Site Plan.
2. Building permits shall be required for any construction. Such permits shall not
be issued unless and until the exterior design, specifications, and plans for the
buildings and all other improvements to be constructed in the Special Land Use
District and construction of all outside facilities including lighting and signs shall
have been shown on the 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 to approve the site plan, the Planning Board
shall employ the same considerations it would employ in approving a site plan
pursuant to Sections 46 and 78 of this Ordinance.
K. Prime Ingress and Egress to the Special Land Use District.
l. No building permits shall be issued for construction of any structures within the
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Special Land Use District until the following actions have occurred to assure
adequate ingress and egress to the property:
(a) Good and marketable fee title is obtained to a strip of land at least 60 feet
in width, adequate in the opinion of the Town Engineer and the Town Highway
Superintendent for the construction of a road from Route 79 (Mecklenburg
Road) to a point at least as far south as the north line of the Special Land Use
District, together with such additional easements or title as are needed for access
to the dwellings and common house in the Special Land Use District as shown
on the final site plan. Such title shall be obtained by the developer or other
owner or owners of the Special Land Use District, and shall be satisfactory to
the Attorney for the Town to assure availability of vehicular and emergency
vehicle access to the proposed dwellings and common house.
(b) Construction of a road is completed to the extent of providing, in the
opinion of both the Town Engineer and Town Highway Superintendent, a
useable, serviceable base for ingress and egress of emergency and service
vehicles.
(c) There is submitted to the Town Planning Board and approved by the
Planning Board, upon the advice of the Attorney for the Town, copies of any
cooperative proprietary leases, condominium or homeowners association
documents, or other agreements among owners containing suitable provisions
to assure maintenance of the road to a standard which will allow unimpeded
passage of emergency vehicles at all times and all seasons.
(d) The road length is determined by the Town Engineer to not exceed 3,000
feet.
(e) A sign is posted at the intersection of the private road and Route 79
indicating that the road is not a Town road.
2. No certificates of occupancy shall be issued, and no permits for construction of
more than ten dwelling units within the Special Land Use District shall be
issued, unless and until
(a) The road referred to above has been completed in accordance with the
applicable Town of Ithaca highway specifications in effect at the time
immediately prior to the issuance of the first building permit for any such
structure, except that if the Town of Ithaca highway specifications require
paving of the road, paving may be omitted, and
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(b) Adequate access, in the opinion of the Town Engineer and Town Highway
Superintendent, has been constructed and completed for fire and other
emergency vehicles from the terminus of the road as so constructed to the
dwelling or other structure for which a certificate of occupancy is requested.
The developer may request a waiver from the requirement of this paragraph 2
to the extent of obtaining additional building permits earlier than would
otherwise be authorized by this paragraph by applying for such a waiver to the
Planning Board. The Planning Board may, but is not required to, authorize the
issuance of building permits if the Planning Board finds:
(i) The plans for the road and related access have been approved by all
applicable agencies including the Town Engineer and Town Highway
Superintendent;
(ii) Work has been commenced on the construction of the road and
access and is progressing with sufficient rapidity that it is reasonable to
expect that it will be completed before any certificates of occupancy for
any dwelling units are issued;
(iii) It would be a substantial hardship to one or more individuals to
delay construction of more than 10 dwelling units; and
(iv) There is proof provided to the Town Engineer and Planning Board
that there is adequate financial support available to the developer to
complete the road, such proof being in the form of a dedicated escrow
account, performance bond, letter of credit, or other proof satisfactory
and acceptable to the Town Engineer, Attorney for the Town and the
Planning Board; and
(v) The Town Engineer and Town Highway Superintendent recommend
granting the waiver.
If such a waiver is granted, the Planning Board may impose such reasonable
conditions upon the grant as it may deem appropriate to assure completion of the
road in a timely and workmanlike manner.
L. Secondary Ingress and Egress to the Special Land Use District. No building permits
shall be issued for any buildings constructed in the Special Land Use District until good and
marketable title to an easement over a strip of land, at least 30 feet in width, adequate in the
opinion of the Town Engineer for the construction of an emergency access road from West
Haven Road (or other existing public road as shown on the final site plan) to a point where it
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joins the primary access road at a point no further than 1200 feet from any dwelling unit and
community center proposed to be constructed as shown on the final site plan, is obtained by the
developer or other owner or owners of the Special Land Use District, such title and ownership
to be satisfactory to the Attorney for the Town to assure availability of emergency vehicle access
to the proposed dwellings and other structures. '
No certificates of occupancy shall be issued for any buildings constructed in the Special Und
Use District until the following actions have occurred to assure adequate secondary access for
emergency vehicles to any such buildings:
1. Construction of a road'with a surface at least ten feet wide over the easement
strip referred to above is completed in a manner as to provide an adequate road,
as determined by the Town Engineer and Town Highway Superintendent, for
emergency vehicle access including fire truck and emergency medical vehicles.
The surface need not be asphalt provided that the surface constructed is, in the
opinion of the Town Engineer and Town Highway Superintendent, sufficient to
provide year round access for emergency vehicles.
2. There is submitted to the Town Planning Board and approved by the Planning
Board, upon the advice of the Attorney for the Town, copies of any cooperative
proprietary leases, condominium or homeowners association documents, or other
agreements among owners containing suitable provisions to assure maintenance
of the emergency road to a standard which will allow unimpeded passage of
emergency vehicles at all times and all seasons.
M. Elimination of Cut-de-Sac. No later than six years from the date of the issuance
of the first Certificate of Occupancy with respect to any building constructed in the Special Land
Use District, the owner or owners of the Special Land Use District shall, at their cost and
expense, eliminate any cul-de-sac of greater than 1200 feet by any of the following means:
1. Construct an internal loop road;
2. Construct a divided road consisting of the original primary road plus a parallel
secondary road, built so that no dwelling is more than 1200 feet from a point
providing two means of access to and from public roads (e.g. Mecklenburg
Road and West Haven Road) existing at the effective date of this local law; or
3. Construct a secondary access road to a point that assures no dwelling is more
than 1200 feet from a point providing two means of access to and from public
roads existing at the effective date of this local law.
Such roads shall be constructed to Town Highway specifications (except the Planning
i
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Board may waive the requirement of paving if satisfied, upon recommendation of the
Town Engineer and the Town Highway Superintendent that the road will nevertheless
provide adequate emergency vehicle access) and maintained to permit access by
emergency vehicles at all times and all seasons.
Any of such proposed actions shall be subject to the approval by the Planning Board
and shalll not be constructed until such time as a modified site plan, showing said loop
road or alternative means of access, has been presented to and approved by the
Planning Board.
No building permits shall be issued for more than 30 dwelling units, one community
center, and permitted accessory structures in the Special Land Use .District, until one of
conditions L, 2., or 3. above has been met, or has been waived by the Town of Ithaca Town
Board.
N. Dedication of Road to the Town of Ithaca. The road or roads may be offered for
dedication to the Town provided that the road is constructed or reconstructed to Town
specifications as in effect at the time of said proposed dedication except that, at the option of the
Town, the Town may waive the requirement for paving provided that arrangements satisfactory
to the Town, either by assessment, agreement, or otherwise, are provided such that if the Town
paves the road, the cost of such paving shall be recouped within a reasonable period of time,
satisfactory to the Town, from the owners or lessees of land in the Special Land Use District
and any other users of the land. Said arrangements may, at the option of the Town, include
letters of credit, bonds, deposits of funds, and/or personal guarantees of the owner and/or
residents of the Special Land Use District. Nothing in this provision is intended to compel the
Town to accept such dedication.
0. Maintenance of Qaen Space. All the open space shown on the site plan will be
owned, maintained, and the use thereof controlled by a.residents association or duly formed
cooperative housing corporation, primarily for the enjoyment, passive and active recreation, and
agricultural purposes of the residents of the Special Land Use District provided, however, that
if any land is dedicated to the Town as part of any required park or open space recreation
dedication, those areas owned by the Town will be owned, maintained, and the use thereof
controlled by the Town.
P. Construction RNuir menns. All construction for which a permit is required or
granted shall comply with all applicable laws, codes, ordinances, rules and regulations.
Q. Ownership of Ingress and Egress Roads. The primary road providing access to the
property running from Mecklenburg Road to the area within the Special Land Use District shall
be owned in fee title by the cooperative, homeowners association, condominium association, or
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all of the owners of any individual lots contained within the Special Land Use District, as
approved by the Planning Board upon the advice of the Attorney for the Town to assure
continued access to and from public roads for the property in the Special Land Use District.
This provision shall terminate at such time, if ever, as the road is conveyed to the Town or other
public road access approved by the Planning Board is provided to the property within the
District.
R. Provision of Sewer Facilities. No certificates of occupancy will be issued, and no
permits for construction of more than ten dwelling units within the Special Land Use District
shall be issued, unless and until the following shall have occurred:
1. Sewer easements for-the benefit of the Town for a public sewer line running
from a presently existing public sewer to the location of the proposed dwelling
units and community center as shown on the finally approved site plan are
obtained in the form normally required by the Town of Ithaca from all
landowners over which said sewer line must run and the same recorded in the
Tompkins County Clerk's Office; and
2. A sewer line is constructed by the developer or other owner of land in the
Special Land Use District, at such party's expense, in accordance with all
applicable specifications and requirements (including the Town of Ithaca and
Tompkins County specifications) to the satisfaction of the Tompkins County
Health Department and the Town of Ithaca Town Engineer and the line is
transferred and dedicated to the Town of Ithaca.
The developer may request a waiver from the requirement of this paragraph 2
to the extent of obtaining additional building permits earlier than would
otherwise be authorized by applying for such a waiver to the Planning Board.
The Planning Board may, but is not required to, authorize the issuance of more
than ten building permits if the Planning Board finds:
(a) The plans for the sewer line have been approved by all applicable agencies;
(b) Work has been commenced on the construction of the line and is
progressing with sufficient rapidity that it is reasonable to expect that it will be
completed before any certificates of occupancy for any dwelling units are issued;
(c) It would be a substantial hardship to one or more individuals to delay
construction of more than 10 of dwelling units; and
(d) There is proof provided to the Town Engineer and Planning Board that
there is adequate financial support available to the developer to complete the
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line, such proof being in the form of a dedicated escrow account, performance
bond, letter of credit, or other proof satisfactory and acceptable to the Town
Engineer, Attorney for the Town and the Planning Board; and
(e) The Town Engineer recommends granting the waiver.
If such a waiver is granted, the Planning Board may impose such reasonable
conditions upon the grant as it may deem appropriate to assure completion of the
sewer line in a timely and workmanlike manner.
S. Provision of Adequate Water Facilities. No certificates of occupancy will be issued,
and no permits for construction of more than ten dwelling units within the Special Land Use
District shall be issued, unless and until the following actions are taken to assure a water supply
for the proposed development:
1. Easements for a water line, to be privately owned and maintained by the
owner(s) or residents of the Special Land Use District, running from West
Haven Road to the vicinity within such District where the proposed dwelling
units and community center are to be located (all as shown on the Final Site
Plan), which easements are for the benefit of the developer, its successors and
assigns and for the residents of such District, are obtained in a form satisfactory
to the Attorney for the Town from all landowners over which said water line
must run and the same recorded in the Tompkins County Clerk's Office; and
2. Such water line is built by the developer at the developer's expense in
accordance with the requirements of all applicable governing authorities and
laws including the requirements of the Tompkins County Health Department,
and applicable plumbing and building codes, as the same pertain to a private
water system; and
3. A pump station to be owned and maintained by the owner(s) or residents of the
Special Land Use District has been constructed by the developer at the
developer's expense to provide pumping capacity adequate, in the reasonable
judgment of the Town Engineer, the Town Planning Board, and the Tompkins
County Health Department, to provide sufficient flows of water at the dwelling
sites for domestic household use and at the common house for lavatory, kitchen,
fire protection, and any other proposed use requiring water, said pump station
to be owned and maintained by the owner(s) or residents of the Special Land
Use District; and
4. A meter is installed by the developer at the developer's expense at the point on
West Haven Road where said private line intersects the public main for purposes
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of metering consumption within the Special Land Use District in accordance
with the Town of Ithaca, Southern Cayuga Lake Intermunicipal Water
Commission, and other municipal agency's requirements for water supply
purposes.
The developer may request a waiver from the requirements of one or more of
paragraphs 2, 3, or 4 above to the extent of obtaining additional building permits
earlier than would otherwise be permitted by applying for such a waiver to the
Planning Board. The Planning Board may, but is not required to, authorize the
issuance of more than ten building permits if the Planning Board finds;
(a) The plans for the water line have been approved by all applicable agencies;
(b) Work has been commenced and on the construction of the line and station
and is progressing with sufficient rapidity that it is reasonable to expect that it
will be completed before any certificates of occupancy for any dwelling units are
issued;
(c) It would be a substantial hardship to one or more individuals to delay
construction of more than 10 of dwelling units; and
(d) There is proof provided to the Town Engineer and Planning Board that
there is adequate financial support available to the developer to complete the line
and associated facilities, such proof being in the form of a dedicated escrow
account, performance bond, letter of credit, or other proof satisfactory and
acceptable to the Town Engineer, Attorney for the Town and the Planning
Board; and
(e) The Town Engineer recommends granting the waiver.
If such a waiver is granted, the Planning Board may impose such reasonable
conditions upon the grant as it may deem appropriate to assure completion of the
water line and associated facilities in a timely and workmanlike manner.
T. Modification of Site Plan. Any change in the site plan as finally approved by the
Town Planning Board shall not be made until an application for a modification of site plan is
provided to and approved by the Town Planning Board.
U. Area Rezoned. The area encompassed and rezoned in accordance with this local
law to be Special Land Use District No. 8 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.
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Section A. Reversion. Unless work has materially commenced in accordance with a 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, or within four
years of the effective date of this local law, whichever is earlier, any building permit shall lapse,
g the site plan approval (both final and preliminary, if any) shall expire, and the zoning change
effected by this local law shall terminate and the zoning shall revert to that in effect prior to the
adoption of this local law, unless in the interim there has been a general rezoning of the area
surrounding the area being rezoned by this local law, in which event the zoning shall revert to
the same zoning as then in effect along a majority of the perimeter of the land being rezoned as
a Special Land Use District by this local law. 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 for site plan approval 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.
Sin 5. Invalidity. if any provision of this law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law which shall
remain in full force and effect.
Section 6. Effective Date. This local law shall take effect 10 days after publication as required
by law or upon filing with the Secretary of State of the State of New York, whichever is later.
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SCHEDULE A
Description of Area Rezoned Special Land Use District No. 8.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situated in the Town of Ithaca,
County of Tompkins and State of New York, more particularly bounded and described as
follows:
BEGINNING at a point marked by a found iron pin, which point is located the
following courses and distances from the intersection of the centerline of West Haven Road
with the centerline of Mecklenburg Road (N.Y.S. Route 79):
1. S 2 degrees 12' 35" W a distance of 864.48 feet to a point marked. by an iron pin;
2. S 2 degrees 12' 35" W a distance of 418.82 feet to a point;
3. N 87 degrees 47' 25" W along the northerly line of lands now or formerly of
Robert A. & Elizabeth Hesson (Book 603 of Deeds Page 564) a distance of 225.00 feet to the
northwesterly corner of said lands of Hesson;
4. S 2 degrees 12' 35" W along the westerly line of said lands of Hesson, a distance
of 150.00 feet to the southwesterly corner of said lands of Hesson;
5. S 87 degrees 47' 25" E along the southerly line of said lands of Hesson, a
distance of 225.00 feet to a point in the said centerline of West Haven Road;
6. S 2 degrees 12' 35" W along the said centerline of West Haven Road a distance
of 210.90 feet to a point;
7. N 87 degrees 47' 25" W along the northerly line of lands now or formerly of
Oscar F. & Elizabeth J. Westfall (Book 448 of Deeds, Page 1025), passing through an iron
pin at a distance of 29.84 feet, and continuing a distance of 120.18 feet, being a total distance
of 150.00 feet to an iron pin located at the northwesterly corner of said lands of Westfall;
8. S 2 degrees 12' 35" W along the westerly line of said lands of Westfall, passing
through an iron pipe at a distance of 110.00 feet, and continuing a distance of 32.27 feet,
being a total distance of 142.27 feet to a point located in the centerline of a creek;
9. Along the centerline of said creek, being also the northerly line of lands now or
formerly of Frank & Rose V. Flacco (Book 548 of Deeds, Page 9), the following six (6)
courses and distances:
(1) N 72 degrees 24' 10" W a distance of 154.44.feet to a point;
(2) S 87 degrees 52' 13" W a distance of 185.05 feet to a point;
(3) N 88 degrees 01' 32" W a distance of 106.21 feet to a point;
(4) N 36 degrees 29' 53" W a distance of 117.33 feet to a point;
(5) N 4 degrees 35' 48" W a distance of 47.43 feet to a point;
(6) N 48 degrees 58' 04" W a distance of 119.59 feet to a point;
10. S 00 12' 00" W along the westerly line of said lands of Flacco, passing through
an iron pin at a distance of 8.00 feet, and continuing a distance of 708.89 feet, being a total
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distance of 716.89 feet to an iron pin located at the southwesterly corner of said lands of
Flacco;
11. N 89 degrees 01' 33" W along a northerly line of lands now or formerly of
Helen M. DeGraff (Book 310 of Deeds, Page 15) a distance of 84.76 feet to an iron pin
located at a northwesterly comer of said lands of DeGraff;
12. S 2 degrees 48' 00" E along a westerly line of said lands of DeGraff a distance
of 1066.73 feet to an iron pin;
13. N 88 degrees 21' 45" W along a northerly line of said lands of DeGraff, and
continuing along the northerly line of lands now or formerly of Longhouse Cooperative, Inc.
(Book 546 of Deeds 742) a total distance of 2072.73 feet;
THENCE N 00 degrees 46' 54" E, passing through a found iron.pin at a distance of
400.29 feet, and continuing 844.71 feet, being a total distance of 1245 feet to a point;
THENCE S 88 degrees 21' 45" E a distance of 1050 feet to a point;
THENCE S 00 degrees 46' 54" W a distance of 1245 feet to a point;
THENCE N 88 degrees 21' 45" W along the northerly line of said lands of DeGraff
and Longhouse Cooperative. Inc a distance of 1050 feet, to the point of beginning;
BEING 30.007 acres more or less.
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LOCAL LAW NO. I - 1995
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) FOR THE CORNELL UNIVERSITY
PRECINCT 7
WHEREAS, Cornell University has plans for long-term development of a portion of
the Cornell University Campus known generally as Precinct 7 of the recent Planning Study
done by Cornell; and
WHEREAS, the plans are for development of this are solely for educational purposes
and to further the education mission of the University; and
WHEREAS, in order to assess the short and long term environmental and other effects
of development of this area, the University voluntarily undertook to prepare a Draft Generic
Environmental Impact Statement ("DGEIS"); and
WHEREAS, the Town, Cornell, and many residents of the Town have participated in
the analysis of the proposed development and the drafting of the DGEIS; and
WHEREAS, the DGEIS has now been completed and a Final Generic Environmental
Impact Statement ("FGEIS") has been prepared by the Town, taking into account the concerns
and comments expressed at several public hearings on the proposed development; and
WHEREAS, the Town's Planning Board and Town Board have issued findings
relating to the proposed development and the FGEIS which, among other matters, set forth
steps to mitigate, in part, some of the potential effects of the proposed development; and
WHEREAS, it has been concluded that a rezoning of the area from R-30 to a Special
Land Use District would provide the most flexibility for the University to achieve its goals
while preserving to the Town the ability to continue to regulate the proposed development to
assure compliance with the Town's overall comprehensive plan and environmental
requirements; and
WHEREAS, it is the intent of Cornell and the Town in connection with such
regulation to continue to evaluate both the individual impacts of site specific projects as well
as the cumulative impacts of all development taking place in Precinct 7;
NOW THEREFORE, in view of the recitals set forth above, the information and
materials contained in the FGEIS and related findings, in furtherance of the Town's
Comprehensive Plan, and upon the request of Cornell University, the Zoning Ordinance of the
Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently
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amended, be further amended as follows:
A
1. Ordinance Amended. 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. 9" , which Special Land Use
District is shown on a map entitled "Site Plan Cornell University Precinct No. 7 Town of
Ithaca Special Land Use District No. 9" dated August 10, 1995, a copy of which map was
filed with the Town of Ithaca Planning Department (which map is hereinafter referred to as
the "Special Land Use District Map") and which District consists of all of the lands bounded
as follows:
North of the centerline of Cascadilla Creek;
South of the centerline of Route 366;
East of the intersection of the above; and
West of Town of Dryden Line.
2. Uses Permitted. The uses permitted'in this Special Land Use District are set forth
below, all of which uses shall be conducted by an educational institution or an agency or third
party affiliated with an educational institution. The permitted uses are:
(a) Classroom, assembly, seminar and studio buildings.
(b) Offices for or associated with educational purposes.
(c) Libraries.
(d) Greenhouses for or associated with educational purposes.
(e) Gardens, natural areas, agricultural plots and fields, and orchards for or associated
with educational purposes.
(f) Laboratories for or associated with educational purposes.
(g) No more than one retail store which sells primarily orchard products and other
products produced on or by Cornell facilities and which store is largely an ancillary
activity to the Cornell Orchards.
R
x
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3. Educational Uses Permitted with a Special Approval. In addition the following R
uses, as part of, associated with, or in support of educational purposes conducted by an
educational institution or an agency or third party affiliated with an educational institution and
not primarily intended for the general public, are permitted but only upon receipt of a special Y
approval for same by the Planning Board in accordance with the procedures described below:
(a) Conference centers.
(b) Restaurants, cafeterias or other food service uses.
(c) The following convenience, service, or business facilities provided the same are in
buildings owned by an educational institution and provide services principally to the
students, staff and employees of the same educational institution and are not provided
primarily for the general public's use and are contained in areas of 2,000 square feet
of floor area or less:
(i) Bookstore;
(ii) Travel agency;
(iii) Bank;
(iv) Parcel pick-up & delivery;
(v) Printing or copying facilities;
(vi) Convenience food markets.
(d) Athletic, health, recreational or cultural facilities.
(e) Child day care or elder day care center, medical center.
(f) Maintenance, repair, servicing, utility, supply and storage facilities provided the
same are owned by, and are provided solely to service, an educational institution and
are not provided for the general public's use.
(g) Barns and other animal handling facilities used in the furtherance of the teaching
and/or research functions of an educational institution.
(h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures ,.
provided the same are used solely by an educational institution in furtherance of its
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teaching or research programs and are not permitted accessory uses set forth below.
(i) Offices, laboratories, or greenhouses owned by third parties but sponsored by,
affiliated with or cooperating with, an educational institution for mutual benefit.
0) Off street parking lots or garages which are not permitted accessory uses set forth
below.
4. Other Uses Permitted with a Special Approval. In addition, the following public
and quasi-public offices and facilities are permitted but only upon receipt of a special
approval for same from the Planning Board in accordance with the procedures described
below:
(a) Post Office;
(b) Fire station;
(c) Local, state or federal governmental offices.
5. Accessory Uses. Permitted accessory uses shall include the following:
(a) Off-street garage or parking spaces for employees, occupants, users or visitors in
connection with a use permitted above, but subject to the provisions governing parking
set forth in Section 7(o) of this local law and
(i) Providing parking for no more than twenty cars; or
(ii) Providing parking accessory to a building for which site plan approval has
been obtained and the parking arrangements were shown on the site plan as so
approved.
(b) Parking garages primarily for employees, occupants, users or visitors to a use
specified in paragraph 2 above, and located wholly within or underneath such structure
or use specified in paragraph 2 above, and not occupying more than 25% of the
structure's total floor area nor involving spaces for more than 20 cars.
(c) Outdoor recreational areas including walkways, parks, trails, picnic tables, and
other similar recreational facilities.
(d) The following accessory buildings no larger than 2,000 square feet of floor area:
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(i) Storage sheds;
(ii) Pavilions;
(iii) Gazebos;
(iv) Bus shelters; or
(v) Storage tanks.
(e) Accessory uses within a use permitted above, such as employee or student
cafeteria, and lunch room but not larger than 2,000 square feet in size unless included
in the original plans of a structure
(i) For which site plan or a special approval is being sought; or
(ii) For which such approvals were previously obtained;
in which event the size may be as approved by the Planning Board, even if larger than
2,000 square feet.
(f) Any municipal, public, or privately owned utility facility, 2,000 square feet or less
in size, necessary to the development or maintenance of utility services for a principal
use permitted above.
(g) Signs, associated with the above uses but only in accordance with the Town of
Ithaca Sign Ordinance or similar law as then in effect.
(h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures
provided the same are used solely by an educational institution in furtherance of its
teaching or research programs and are not more than 12 feet in height nor more than
12 feet in diameter.
(i) Upon receipt of special approval from the Planning Board, any municipal, public,
or privately owned utility facility, larger than 2,000 square feet in size, necessary to
the development or maintenance of utility services for a principal use permitted above.
6. Overall Density Limitation. No more than 4,000,000 square feet of enclosed
space (including space below, at, and above grade level) shall be permitted within the
boundaries of this Special Land Use District.
3
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7. Performance Standards. Notwithstanding the foregoing, any use permitted in this
Special Land Use District shall be in conformity with the following additional standards:
(a) Density: Total maximum Floor Area Ratio (FAR) of 0.9 for each site as well as
for the aggregate of all developed sites in the Special Land Use District exclusive of
the Natural Area. FAR is building floor area above grade divided by the total ground
area of the site as hereinafter defined. Ground area is any given piece of land of any
size so long as all buildings on it are counted and a given piece, or any part of a piece
of land is not counted more than once. For example a building one story above grade,
having a ground area defined as the size of its footprint, has a FAR of 1.0. The same
amount of floor space in two stories above grade, that is covering half of the ground
area of the original lot, would also be FAR 1.0. The same amount of floor space in 8
stories, covering 1/8th of the original lot, is also FAR 1.0. However, a building with
half the square feet of floor space placed on the same lot would have a FAR of 0.5
regardless of the number of stories into which the floor area is divided.
(b) Height: The maximum height of buildings and structures shall be as follows:
(i) No building shall be erected, altered, or extended to exceed a maximum
height of 50 feet measured from the lowest point of grade at the exterior
building wall to the highest point of the roof of the building, but excluding
rooftop appurtenances such as mechanical equipment, exhaust pipes, radio
antenna provided such appurtenances do not themselves exceed an additional
12 feet in height. Upon special approval of the Planning Board, the height
limitation of 50 feet may be increased to a maximum of 70 feet. If the lowest
point of grade at the exterior building wall is an exterior entrance to a
basement, or a loading dock, or some other form of access to a basement area,
or a combination thereof, and if in the aggregate such basement access and
loading docks do not exceed more than ten percent (10%) of the entire
perimeter of the building, such basement access or loading dock area may be
excluded in determining the lowest point of grade at the exterior building wall.
The Planning Board may, in its discretion, grant a special approval excluding
up to an additional ten percent (10%) of building perimeter dedicated to
basement access or loading docks for purposes of height calculations if it
determines that in so doing (in addition to the other criteria or considerations
governing the granting of special approvals)
(A) The overall visual impact of the mass of the building will not be
significantly increased; and
(B) The building will be adequately screened by berms, landscaping,
or other methods to maintain a visual impact from all perspectives
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substantially consistent with the impacts that would be the result had the
building been constructed without excluding additional perimeter ,
footage from the height calculation; and
(C) The proposed use of the building requires additional basement
access and/or loading dock space; and
(D) The increased height will not adversely affect the visual
character of the general area surrounding the proposed building.
(ii) No structure, other than a building, shall be erected, altered, or extended
to exceed fifty (50) feet`in height.
(c) Ground Coverage: Total coverage of ground by structures, road pavement,
parking lots and pedestrian area pavements shall not exceed 45% of the site nor 45%p
of the aggregate of all developed sites in the Special Land Use.District. Total
maximum ground coverage by buildings alone shall not exceed 25% of the site nor
25% of the aggregate of all developed sites of the Special Land Use District. For the
purpose of this paragraph, the area contained in the Natural Area shall be not be
included in any calculation of ground coverage (i.e. the 55% of open space shall be in
addition to the lands contained in the Natural Area).
(d) Road Setback: Road setbacks shall be as follows:
(i) From Route 366, Game Farm Road, and any other publicly owned road, a
front setback of at least 75 feet from the road right-of-way line. In addition, if
a building exceeds 30 feet in height above grade, the set back from a public
road shall be increased 1 foot for each one foot of height in excess of 30 feet.
(ii) From a privately owned road that provides access to facilities within the
Special Land Use District but which roads are not conveyed to or maintained
by a governmental entity, a front setback of at least 60 feet from the centerline
of such road.
(e) Noise: No use shall operate or cause to be operated any source of sound in such
a manner as to create a sound level which exceeds the limits set forth for the land use
category stated below when measured at the boundary of the site nearest the receiving
land use.
Receiving Sound
Land Use Category Time Level Limit
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Residential Use 7 a.m. - 7 p.m. 65 dBa
7 p.m. - 7 a.m. 55 dBa
Natural Areas 7 a.m. - 7 p.m. 60 dBa
7 p.m. - 7 a.m. 50 dBa
All Other 7 a.m. - 7 p.m. 68 dBa
7 p.m. - 7 am. 58 dBa
For any source of sound which emits a pure tone, a discrete tone or impulsive sound,
the maximum sound limits set forth above shall be reduced by 5 dBa.
(f) Vibration: No activity shall cause or create a discernible steady state or impact
vibration at or beyond the boundary of the site.
(g) Atmospheric Emissions: There shall be no emission of dust, dirt, smoke, fly ash,
or noxious gases or other noxious substances which could cause damage to the health
of persons, animals, or plant life.
(h) Odor: There shall be no emission of any offensive odor discernible at the
boundary of the site. This standard is not intended to restrict customary agricultural
practices.
(i) Glare and Heat: No glare or heat shall be produced that is perceptible beyond the
boundaries of the site. Exterior illumination shall be shaded and directed to prevent
glare or traffic hazard on surrounding properties and streets.
0) Radioactivity.and Electromagnetic Interference: No activities shall be permitted
which emit dangerous radioactivity. No activities shall be permitted which produce
any electromagnetic disturbance adversely affecting the operation of any equipment
outside the boundary of the site.
(k) Fire and Explosion Hazards: All activities involving, and all storage of
inflammable and explosive materials, shall be provided with adequate safety devices
against the hazard of fire and explosion and with adequate fire-fighting and fire
suppression equipment and devices standard in the industry and as may be required by
any applicable codes, laws, or regulations. All burning of such waste materials in
open fires is prohibited.
(1) Vermin: There shall be no storage of material, either indoors or out, in such a
manner that it attracts or facilitates the breeding of vermin or endangers public health
or the environment in any way.
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(m) Natural Areas Protection: No new structure shall be built within a Natural Area
(Cascadilla Creek Stream Corridor, McGowan Woods) as shown on the Special Land
Use District Map, or within 75 feet of a Natural Area, without first obtaining the
Special Approval of the Planning Board. In addition to the other criteria governing
granting of Special Approvals, the Planning Board shall not grant Special Approval for
such a structure unless the Board finds the proposed structure and its proposed
location
(i) Is related to, can be made an integral part of, and enhances the recreational
or educational use and enjoyment of, the Natural Area (such as a trail, bench,
or observation platform), or
(ii) Is a necessary addition to a structure that had already been constructed
within the Natural Area or the 75 foot buffer at the effective date of the
creation of this Special Land Use District; or
(iii) In the case of Cascadilla Creek is
(A) Necessary to provide a pedestrian or bicycle (but not motorized
vehicle) connection between the Special Land Use District and the East
Hill Plaza area; or
(B) Necessary to provide utility connections for water, sewer,
electricity, telephone or natural gas between the Special Land Use
District and the East Hill Plaza area;
and in any event
(iv) Accomplishes its purpose in the least intrusive manner to the environment
of the Natural Area and is compatible with the natural and undeveloped
character of the lands sought to be protected as the Natural Area. This last
criteria is applicable to all of the construction referred to in subparagraphs (i) -
(iii) above.
(n) View Area Protection: No new structure shall be built within the View Area
(an area bounded on the north by Route 366, on the east by Town of Dryden line, and
on the south by the a line commencing at a point approximately 2100 feet
southwesterly along the centerline of Route 366 from its intersection with the
centerline of Game Farm Road [which point is at the intersection of the centerline of
Route 366 and the centerline of a service road to the Boyce Thompson research
facility running southeast] and running east-southeast to the northwest corner of
McGowan Woods and then easterly along the north line of McGowan Woods to the
a
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Dryden Town line) as shown on the Special Land Use District Map except
(i) Roads for serving existing facilities in or adjacent to the View Area;
and
(ii) Upon receipt of site plan approval and special approval from the
Planning Board such structures as are
(A) Necessary additions to the existing Foundation Seed building; or
(B) Small (less than 15 feet in height [as defined in Section 1. 4-c and
1. 4-d of the Zoning Ordinance] and, in the aggregate less than 2000
square feet in area [whether one or more buildings, the total square
footage of all of the buildings will not exceed 2000 square feet])
structures and are integral to the agricultural or recreational use of the
land in the View Area; or
(C) Lamp posts of up to 25 feet in height provided the same are
located within one hundred feet of the existing Foundation Seed
building or are street lights adjacent to a presently existing road or road
approved as part of a site plan approval of the Planning Board;
and in any event
(D) Appropriate for accomplishing their purpose in the least intrusive
manner to the view of Mount Pleasant and its environs and to the open
space character sought to be protected by the View Area.
Any structures constructed pursuant to site plan and special approval shall be screened
by vegetation, such as shrubs, as may be approved by the Planning Board provided
such screening shall not exceed 20 feet in height, not interfere with the view of Mount
Pleasant and its environs from Route 366, and not interfere with the open space
character of the View Area.
(o) Parking: Off-street parking for vehicles and bicycles shall be provided to serve
each facility constructed within this Special Land Use District which are occupied by
human beings for more than four hours a day. The standards which follow are
intended to provide a basis for determining a minimal amount of offstreet parking for
uses that are expected to occur in the Special Land Use District. In applying these
standards, the Planning Board should recognize that shared parking will be common
and desirable for educational uses within the Special Land Use District because peak
demands will often occur at different times. In addition, the site plan procedures listed
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in Section 9 of this local law provide alternative procedures for determining the
number of required parking spaces based on the submission of a parking needs
assessment and parking management plan. Unless the alternative procedures in
Section 9 are applied, or unless another number of spaces are specified below or .
elsewhere in this local law or the zoning ordinance, the amount of parking to be `
provided shall be a minimum of
(i) one parking space for each 1200 square feet of enclosed space, or
(ii) two spaces per three occupants intended to be assigned to the facility,
whichever of subparagraphs (i) or (ii) results in the greater number of parking spaces.
In the case of the following uses a minimum number of off-street parking spaces shall
be provided in accordance with the following schedule:
Classroom, assembly, seminar and studio buildings: 2 spaces for each classroom,
seminar room or studio, and one space for each five seats in any large assembly room
(containing more than 200 seats) not used exclusively for classroom teaching.
Offices: One space for each 300 square feet of office area, excluding hallways and
common areas, or, where the number of assigned occupants is known, two spaces for
each three occupants assigned to the facility,whichever results in the greater number
of spaces.
Libraries: Either
(a) One space for.each 300 square feet of office area and one space for
each 400 feet of other enclosed floor space; or
(b) One space for each three occupants assigned to the facility plus one
space for each eight seats assigned to public, faculty, or student reading or
research areas;
whichever results in the greater number of spaces.
Restaurant (where service is provided to persons seated at tables): One space for each
five seats.
Cafeterias or other food service uses (where service is buffet or cafeteria style): One
space for each three occupants assigned to the facility plus one space for each ten
seats.
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Retail store and convenience, service and business facilities listed in Section NO of
3 this local law and not otherwise enumerated in this section: One space for each 200
square feet of ground floor sales space plus one space for each 500 square feet of any
other floor area in the facility.
Maintenance. storage and repair facilities: barns and other animal handling facilities:
One space for each three occupants assigned to the facility.
Greenhouses: One space for each three occupants assigned to the facility.
Conference centers: One space for each guest room for overnight occupancy, plus one
space for each three employees assigned to the facility,plus additional spaces for any
accessory restaurant, retail, office, meeting room, auditorium or other use, based upon
the standards for those uses established in this section.
Research facilities or laboratories: Two spaces for each three occupants assigned to
the facility.
For the purposes of the above parking standards, the term "occupants" shall include
employees, student interns, research associates, faculty, or any other person occupying
the facility. The term "assigned to the facility" means those occupants normally
occupying the facility on a regular basis, whether full-time or part-time. However, a
student who merely attends a class on a regular basis shall not, by reason of such
attendance alone, be deemed "assigned" to the facility.
The number of parking spaces, the manner of construction of parking spaces, and the
permitted location of parking spaces shall be as set forth in this local law. Where no
specific provision is made herein, parking spaces shall be regulated as set forth in
Sections 45 and 69 of the Zoning Ordinance. Where there is a conflict between the
provisions of such sections and the provisions of this local law, the provisions of this
local law shall control.
In the event that a federally or state owned or funded project is constructed in the
Special Land Use District, and by reason of such ownership of funding such project at
the time of its construction is not subject to the,requirements of this ordinance and
such project was constructed with fewer parking spaces than would have otherwise
been required to comply with this ordinance, the Planning Board, in conjunction with
any subsequent project that is subject to this ordinance, may require construction of
additional parking spaces or may require alternative traffic management plans
satisfactory to such Board to compensate for the deficit.
'a
8. Site Plan Approval. A site plan for a proposed use must be submitted and
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approved by the Planning Board before a building permit may be issued, in conformance with
site plan requirements set forth at Sections 46-a et. mg. of the Zoning Ordinance. Unless
specifically requested by the Planning Board, property lines and adjacent public streets need
not be shown on the site plan submitted if in excess of 300 feet distant from the proposed
site, but shall be shown on a location map. Further, subparagraph 4 of Section 46-b shall be
modified as to site plan approvals previously granted to structures in the special land use
district, or to structures not required to have had a site plan approval at the time of original
construction, to provide that no approval of the modified site plan by the Planning Board
shall be required if the modification:
(a) Involves
(i) Construction of a new building or structure with a footprint of 2,000 square
feet or less; or
(ii) Alteration of an existing-structure involving the addition or modification of
less than
(A) 10,000 square feet or
(B) 10% of the enclosed space of any structure of greater than 20,000
square feet of enclosed space, whether on one or more stories,
whichever is less; or
(iii) Construction or relocation of fewer than 20 parking spaces provided there
is no net reduction in parking spaces; or
(iv) Any maintenance or repairs not materially affecting the appearance of the
site, or construction, repairs, alterations, or renovations materially affecting the
exterior of a building or the site where exterior work is anticipated to cost less
than $100,000 (1993 price, subject to Cost of Living Index adjustment);
and in any event
(b) does not alter proposed traffic flows and access; and
(c) does not directly violate any express conditions imposed by the Planning Board in
granting any prior site plan approval.
9. Procedures Related to Site Plans. In considering whether or not to grant site
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plan approval, the Planning Board
(a) Shall, to the extent appropriate, utilize the considerations set forth in Section
46-d and other provisions of the Zoning Ordinance, or any successor statute, and, in
addition, consider whether
(i) The proposed project and such designated area meet the requirements of
this Special Land Use District such as density, ground coverage, noise, etc. set
forth above (e.g. sufficient land area should be included and designated for this
site so that the proposed building(s) on the site do not exceed 25% of the site);
and
(ii) Adequate measures, such as traffic demand management control, exist
so as to minimize or eliminate the addition of vehicular traffic on neighborhood
roads used to access the proposed project in the Special Land Use District
taking into account any cumulative increases which may have resulted from
previous development of Precinct 7 (Trip generating characteristics of proposed
projects shall be evaluated on the basis of each project's potential to generate
additional vehicle trips on the surrounding road network and may include
consideration of trip generating characteristics presented in the then current
Institute of Transportation Engineers Trip Generation Manual, other trip
generation data from sources such as the American Planning Association's
Planning Advisory Service, and the Urban Land Institute as well as local
project data as may be available from the Ithaca-Tompkins County
Transportation Council, Cornell University or other agencies, institutions or
sources); and in any event
(b) Shall, to the extent appropriate, impose upon the applicant such reasonable
conditions as it deems necessary to protect the general welfare of the community, to
assure adequate compliance with all applicable provisions of this Local Law or the
Zoning Ordinance, or to minimize or eliminate any significant adverse environmental
effects (including traffic impacts referred to above) that may occur as a result of the
approval of the site plan.
(c) May authorize the required minimum number of parking spaces to be reduced
to a number determined by the Planning Board if the following circumstances exist:
(i) The occupancy of the building or buildings is such that fewer than the
number of spaces required by this local law would be needed to accommodate
the reasonably anticipated number of cars that will be traveling to, and/or
parking at, the buildings; or
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(ii) Adequate traffic demand management control plans are or will be in
place to assure fewer parking spaces than otherwise required by this local law
will be needed at the project;
and in either event
(iii) The reduction in the number of parking spaces will not adversely affect
traffic flow on the project site or elsewhere, will leave adequate parking for all
of the reasonably anticipated uses or occupancies in the project, and will not
otherwise adversely affect the general welfare of the community.
If the owner seeks a reduction in the required number of spaces, unless waived by the
Planning Board the owner shall submit a parking needs assessment and parking
management plan for the specific facility, demonstrating that some lesser number of
parking spaces would be appropriate for that facility, taking into consideration the
overall parking situation and plans for both the Special Land Use District and the
overall Cornell University Campus, as well as the projected reductions in parking
spaces that could be expected to occur as a result of any transportation demand
management program in effect or planned by the owner.
If the Planning Board permits a reduction in the required number of parking spaces,
the Planning Board may impose such reasonable conditions as may, in the judgment of
the Planning Board, be necessary to assure that such reduction will meet the criteria
set forth above. In any event, unless expressly waived by the Planning Board, such
reduction shall be subject to the following additional conditions:
(v) Any space that is made available by the reduction in the required
number of parking spaces may not be used for construction of any structures,
other than those specifically approved by the Planning Board.
(vi) Any land made available by virtue of such reduction be landscaped with
grass or other vegetation approved by the Planning Board, or developed with
such other amenities approved by the Planning Board as would allow relatively
easy conversion to parking spaces.
(vii) If, any time within five years after construction of the project is
completed (completion of construction to be the date a permanent certificate of
occupancy has been issued by the Town for the entire project) or at any time
after completion when an application for modification of the site plan is
submitted, the parking is found to be inadequate because
(A) The demand for parking to serve the subject facility exceeds on
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more than four occasions annually the amount of parking (temporary or
permanent) provided; or
(B) The traffic flow creates an undesirable or hazardous condition by
reason of the reduction of parking spaces; or
(C) There is repeatedly undue congestion in the parking areas by
reason of the reduction of parking spaces;
then the owner of the project will submit to the Planning Board for its approval
a plan that will eliminate the noted adverse effects resulting from the reduction
in the required number of parking spaces and implement such plan within the
time period directed by the Planning Board. Such plan may include increasing
the number of parking spaces, creating or modifying any traffic demand
management control plans, increasing public transportation, or any other
corrective measures deemed appropriate by the owner. Such plan shall be
presented to the Planning Board within thirty days of the notification to the
owner of the existence of the adverse effects, and the Planning Board shall
review and approve or disapprove (or, with the consent of the owner, modify)
said plan within sixty days of its receipt. If approved, the plan shall be
implemented within the time period specified by the Planning Board, but in any
event within 90 days of its adoption. If no plan is submitted, or if it is not
approved or subsequently implemented within the required time periods or such
extended time periods as may be agreed to by the owner and the Planning
Board, the owner shall install additional parking spaces up to the minimum
number that would have been otherwise required by the terms of this ordinance
without granting any reduction. Unless waived by the. Planning Board, the
granting of the requested reduction in parking shall be conditioned on the
applicant executing an agreement in form acceptable to the Planning Board and
acceptable for recording in the Tompkins County Clerk's Office agreeing to
install the additional parking spaces as may be required by the above
conditions.
In the event there is (whether before or after the five year period set forth
above) any significant change in use, or a subdivision of the project site, or a
sale of a portion of the site, with respect to which a reduction in the required
number of parking spaces has been granted, such change, subdivision, or sale
may be conditioned upon a requirement that additional parking spaces be
required up to the minimum that would have otherwise been required but for
the reduction granted pursuant to these provisions.
ti
(d) May, notwithstanding the provisions of this local law and Sections 45 and 69 of
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the Zoning Ordinance, authorize the placement of parking spaces in the front yard of
any building or in a buffer area (except for any buffer area adjacent to a Natural Area)
when the Planning Board finds that such location will be preferable to locations
outside of the front yard or buffer area. R
10. Completion or Updating of Special Land Use District Map. Without limiting
the foregoing, the Planning Board may require, as a condition of approval of any site plan,
that the Special Land Use District Map be completed and updated to show the approved site
plan, together with all other sites that are related to buildings in the Special Land Use District
in existence on the effective date of this Local Law.
11. Special Approval. In granting Special Approval in any instance specified above,
and in addition to the criteria for site plan approval, the Planning Board shall, to the extent
appropriate, 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.
(b) The premises are reasonably adapted to the proposed use.
(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) Consideration has been given to minimizing adverse impacts of the proposed use
upon any Natural Area or View Area.
(e) The proposed use shall not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devaluate neighboring property or seriously
inconvenience neighboring inhabitants.
(f) The proposed access and egress for all structures and uses shall be safely
designed.
(g) 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.
Without limiting any of the foregoing, in determining whether the effect of traffic
generated by the project is so adverse as to preclude construction of the project, the
Board shall consider whether adequate measures such as traffic demand management
control, exist so as to minimize or eliminate the addition of vehicular traffic on
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neighborhood roads used to access the proposed project in the Special Land Use
District.
The Planning Board may impose upon the applicant such reasonable conditions as it
' deems necessary to protect the general welfare of the community.
12. Definitions. For the purposes of this Special Land Use District, the following
terms shall have the following meanings and shall be subject to the following procedures:
(a) Site. A "site" shall be initially the area of land designated by the applicant to be
allocated to a proposed project (or, in the case of existing structures, to the existing
project or structure). If the applicant desires
(i) After having previously obtained.site plan and/or special approval to.
(A) Decrease or reconfigure such site; or
(B) Add one or more structures to such site; or
(ii) To add one or more structures to an area presently in existence for which
no site plan or special approval has been heretofore obtained,
the applicant may apply for a modification to the previous site plan and/or special
approval and may, at the applicant's discretion, request that the site previously
approved be reconfigured, enlarged, or reduced in size so that the proposed modified
site with any proposed additional structures would be in compliance with the
performance standards and other requirements set forth above or elsewhere in this
Ordinance. The criteria applicable to the review of initial site plan and or special
approval applications shall be equally applicable to the application for a modification
of a site plan or site. However, in reconfiguring, enlarging or reducing the area of a
site, no piece of land shall be designated as part of more than one site (i.e. no piece of
land may be counted for compliance purposes for two sites).
Notwithstanding the foregoing, no site shall exceed 30 acres in size, nor shall any site
include any land within a Natural Area.
(b) Owned. Property is "owned" by the person(s) or entity(ies) holding the fee title to
at least a 51% interest in the property, except that if the property is leased under a
written, bona fide, recorded lease for a term of more than 35 years, the property shall
be deemed "owned" by the person(s) or entity(ies) holding at least a 51% interest as
tenant in such lease. If a requirement for a permitted use in this Special Land Use
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District is ownership by an educational institution, at least 51% of the interest in the
property must be held by such institution to qualify (i.e. the educational institution �.
must "own" the property).
(c) Educational Institution. An "educational institution" is a corporation, foundation,
or other generally recognized entity organized and operated principally for the purpose
of educating persons with essentially three components: (1) a curriculum; (2) a plant
consisting of adequate physical facilities; and (3) a properly qualified and accredited
staff to carry out its educational objectives. The following are included as educational
institutions:
(i) A college or university chartered by the State of New York.
(ii) A college or university or post-graduate institution providing a recognized
course of study and accredited by a recognized accrediting organization.
(iii) A public school operated by a state-recognized Board of Education.
(iv) A private school having received appropriate approval from the Board of
Regents or Department of Education of the State of New York to operate as a
school.
13. Amendment of Zoning Map. The official zoning map of the Town of Ithaca is
hereby amended by adding this Special Land Use District in the area described above.
14. Invalidity of Portion of Local Law. In the event that any portion of this local
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.
15. Effective Date. This law shall take effect 20 days after its adoption or the date it
is filed in the Office of the Secretary of State, whichever is later.
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