HomeMy WebLinkAbout2003 Zoning Ordinance and Zoning Map TOWN OF ITHACA
ZONING ORDINANCE
December 8, 2003
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TOWN OF ITHACA
ZONING ORDINANCE
TABLE OF CONTENTS
Page
ARTICLE I TITLE
Section 100 - TITLE 1
ARTICLE II PURPOSE
Section 200 - PURPOSE I
ARTICLE III INTERPRETATION AND DEFINITIONS
Section 300 - INTERPRETATION OF MEANINGS 1
Section 301 - CONTROLLING REGULATION 2
Section 302 - DEFINED TERMS 2
ARTICLE IV ESTABLISHMENT OF ZONES
Section 400 - ZONES 14
Section 401 - CONTINUATION OF SPECIAL LAND USE DISTRICTS 15
Section 402 - ZONE BOUNDARIES 15
Section 403 -PROHIBITION OF USES 16
ARTICLE V CONSERVATION ZONES
Section 500 - PURPOSE 16
Section 501 -PERMITTED PRINCIPAL USES 17
Section 502 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 18
Section 503 - ADDITIONAL REQUIREMENTS FOR SPECIAL PERMIT 18
Section 504 -PERMITTED ACCESSORY BUILDINGS OR USES 19
Section 505 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 19
Section 506 - HEIGHT LIMITATIONS 20
Section 507 - YARD REGULATIONS 20
Section 508 - LOT COVERAGE 21
Section 509 - SIZE AND AREA OF LOT 21
Section 510 - CLUSTERING 21
Section 511 - PARKING 22
Section 512 - ADDITIONAL REQUIREMENTS AND RESTRICTIONS 22
Section 513 - .PARK.AND RECREATION SET-ASIDES AND FEES IN
LIEU THEREOF 24
Section 514 - SITE PLAN APPROVAL 24
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ARTICLE VI AGRICULTURAL ZONES
Section 600 -PURPOSE 24
Section 601 -PERMITTED PRINCIPAL USES 25
Section 602 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 26
Section 603 -PRINCIPAL USES AUTHORIZED BY SPECIAL APPROVAL
ONLY 28
Section 604 - PERMITTED ACCESSORY BUILDINGS AND USES 29
Section 605 - ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 29
Section 606 -HEIGHT LIMITATIONS 30
Section 607 -YARD REGULATIONS 31
Section 608 - BUILDING AREA 32
Section 609 - SIZE AND AREA OF LOT 32
Section 610 -DENSITY LIMITATIONS AND LIMITATIONS ON
SUBDIVISION OF PARENT TRACTS 32
Section 611 -PARKING 33
Section 612 - ADDITIONAL SPECIAL REQUIREMENTS 33
Section 613 - SITE-PLAN APPROVAL 34
Section 614 -RIGHT TO FARM 34
ARTICLE VII LAKEFRONT RESIDENTIAL ZONES
Section 700 - PURPOSE 34
Section 701 - PERMITTED PRINCIPAL USES 34
Section 702 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 35
Section 703 -PERMITTED ACCESSORY STRUCTURES AND USES 35
Section 704 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 36
Section 705 -ACCESSORY STRUCTURES AND USES AUTHORIZED
BY SPECIAL PERMIT ONLY 36
Section 706 - HEIGHT LIMITATIONS 39
Section 707 -YARD REGULATIONS 39
Section 708 -BUILDING AREA 40
Section 709 - SIZE AND AREA OF LOT 40
Section 710 - SPECIAL PROPERTIES 41
Section 711 -PARKING 41
Section 712 - SPECIAL REQUIREMENTS 41
ARTICLE VIII LOW DENSITY RESIDENTIAL ZONES
Section 800 -PURPOSE 41
Section 801 -PERMITTED PRINCIPAL USES 42
Section 802 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 42
Section 803 -PERMITTED ACCESSORY BUILDINGS AND USES 43
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Section 804 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 44
Section 805 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL PERMIT ONLY 45
Section 806 - HEIGHT LIMITATIONS 45
Section 807 - YARD REGULATIONS 45
Section 808 - BUILDING AREA 46
Section 809 - SIZE AND AREA OF LOT 46
Section 810 - SPECIAL PROPERTIES 46
Section 811 - PARKING 47
ARTICLE IX MEDIUM DENSITY RESIDENTIAL ZONES
Section 900 -PURPOSE 47
Section 901 - PERMITTED PRINCIPAL USES 47
Section 902 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 47
Section 903 - PERMITTED ACCESSORY BUILDINGS AND USES 48
Section 904 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 49
Section 905 - HEIGHT LIMITATIONS 50
Section 906 - YARD REGULATIONS 50
Section 907 - BUILDING AREA 51
Section 908 - SIZE AND AREA OF LOT 51
Section 909 - SPECIAL PROPERTIES 51
Section 910 -PARKING 51
ARTICLE X HIGH DENSITY RESIDENTIAL ZONES
Section 1000 -PURPOSE 51
Section 1001 -PERMITTED PRINCIPAL USES 51
Section 1002 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 52
Section 1003 -PERMITTED ACCESSORY BUILDINGS AND USES 53
Section 1004 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 53
Section 1005 -HEIGHT LIMITATIONS 54
Section 1006 -YARD REGULATIONS 54
Section 1007 -BUILDING AREA 54
Section 1008 - SIZE AND AREA OF LOT 54
Section 1009 - SPECIAL PROPERTIES 55
Section 1.010 -PARKING 55
ARTICLE XI MOBILE HOME PARK ZONES
Section 1100 -PURPOSE 55
Section 1101 -MINIMUM AREA 55
Section 1102 -PERMITTED PRINCIPAL USES 55
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Section 1103 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 56
Section 1104 -PERMITTED ACCESSORY USES 56
Section 1105 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 56
Section 1106 -HEIGHT LIMITATIONS 57
Section 1107 -YARD REGULATIONS 57
Section 1108 -BUILDING AREA 57
Section 1109 -LOT AREA 57
Section 1110 - SPECIAL REQUIREMENTS 58
Section 1111 - SITE PLAN APPROVALS 59
ARTICLE XII MULTIPLE RESIDENCE ZONES
Section 1200 -PURPOSE 59
Section 1201 -PERMITTED PRINCIPAL USES 60
Section 1202 -PERMITTED ACCESSORY BUILDINGS AND USES 60
Section 1203 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 61
Section 1204 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 61
Section 1205 -MINIMUM AREA FOR MULTIPLE RESIDENCE ZONE 61
Section 1206 -HEIGHT LIMITATIONS 61
Section 1207 - YARD REGULATIONS 61
Section 1208 -BUILDING AREA 62
Section 1209 - MINIMUM USEABLE OPEN SPACE 62
Section 1210 - SIZE AND AREA OF LOT 62
Section 1211 -PARKING 62
Section 1212 -ADDITIONAL SPECIAL REQUIREMENTS 62
Section 1213 - SITE PLAN APPROVAL 63
ARTICLE XIII COMMERCIAL ZONES GENERALLY
Section 1300 - PURPOSE 64
Section 1301 -PERMITTED ACCESSORY USES 64
Section 1302 -MINIMUM AREA FOR COMMERCIAL ZONE 65
Section 1303 -HEIGHT LIMITATIONS 65
Section 1304 -YARD REGULATIONS 65
Section 1305 -BUILDING AREA 65
Section 1306 -MINIMUM USEABLE OPEN SPACE 65
Section 1307 - SIZE AND AREA OF LOT 65
Section 1308 -PARKING 66
'Section 1309 - ADDITIONAL SPECIAL REQUIREMENTS 66
Section 1310 -DRIVE-THROUGH OPERATIONS 67
Section 1311 - SITE PLAN APPROVAL 67
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ARTICLE XIV NEIGHBORHOOD COMMERCIAL ZONES
Section 1400 - PURPOSE 67
Section 1401 -PERMITTED PRINCIPAL USES 67
Section 1402 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 68
Section 1403 -MAXEVIUM BUILDING SIZE 69
ARTICLE XV OFFICE PARK COMMERCIAL ZONES
Section 1500 - PURPOSE 70
Section 1501 -PERMITTED PRINCIPAL USES 70
Section 1502 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 70
Section 1503 -ADDITIONAL PERMITTED ACCESSORY USES 71
ARTICLE XVI COMMUNITY COMMERCIAL ZONES
Section 1600 -PURPOSE 71
Section 1601 -PERMITTED PRINCIPAL USES 71
Section 1602 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 72
ARTICLE XVII VEHICLE FUELING AND REPAIR COMMERCIAL ZONES
Section 1700- PURPOSE 73
Section 1701 -PERMITTED PRINCIPAL USES 73
Section 1702 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 74
ARTICLE XVIII LAKEFRONT COMMERCIAL ZONES
Section 1800 -PURPOSE 74
Section 1801 -PERMITTED PRINCIPAL USES 74
Section 1802 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 74
Section 1803 -ACCESSORY USE AUTHORIZED BY SPECIAL
PERMIT ONLY 75
ARTICLE XIX LIGHT INDUSTRIAL ZONES
Section 1900 -PURPOSE, 75
Section 1901 -PERMITTED PRINCIPAL USES 75
Section 1902 -ADULT ENTERTAINMENT USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 75
Section 1903 -PERMITTED ACCESSORY BUILDINGS AND USES 76
Section 1904-MINIMUM AREA FOR A LIGHT INDUSTRIAL ZONE 77
Section 1905 -HEIGHT LIMITATIONS 77
Section 1906 -YARD REGULATIONS 77
Section 1907 -BUILDING AREA 78
Section 1908 -MINIMUM USEABLE OPEN SPACE 78
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Section 1909 - SIZE AND AREA OF LOT 78
Section 1910 -PARKING 78
Section 1911 - ADDITIONAL SPECIAL REQUIREMENTS 78
Section 1912 -PERFORMANCE STANDARDS 78
Section 1913 - SITE PLAN APPROVAL 80
ARTICLE XX INDUSTRIAL ZONES
Section 2000 -PURPOSE 80
Section 2001 - PERMITTED PRINCIPAL USES 80
Section 2002 -PROHIBITED USES 80
Section 2003 -PERMITTED ACCESSORY BUILDINGS AND USES 81
Section 2004 -PLACEMENT OF ACCESSORY STRUCTURES 81
Section 2005 -MINIMUM AREA FOR AN INDUSTRIAL ZONE 81
Section 2006 -HEIGHT LIMITATIONS 82
Section 2007 -YARD REGULATIONS 82
Section 2008 -BUILDING AREA 82
Section 2009 -MINIMUM USEABLE OPEN SPACE 82
Section 2010 - SIZE AND AREA OF LOT 82
Section 2011 - PARKING 82
Section 2012 - ADDITIONAL SPECIAL REQUIREMENTS 83
Section 2013 -PERFORMANCE STANDARDS 83
Section 2014 - SITE PLAN APPROVAL 83
ARTICLE XXI PLANNED DEVELOPMENT ZONES
Section 2100 -PURPOSE 83
Section 2 101 - ESTABLISHMENT AND LOCATION 84
Section 2102 -PERMITTED PRINCIPAL AND ACCESSORY USES 84
Section 2103 - ADDITIONAL REQUIREMENTS - 84
Section 2104 -MINIMUM AREA FOR A PLANNED DEVELOPMENT
ZONE 84
Section 2105 -YARD AND OTHER REGULATIONS 84
Section 2106 - SITE PLAN APPROVAL 84
ARTICLE XXII PROCEDURES FOR CREATION OF NEW ZONES
Section 2200 -ZONES TO WHICH APPLICABLE 85
Section 2201 - GENERAL PROVISIONS 85
Section 2202 -PROCEDURES FOR CREATION OF ZONE 85
ARTICLE XXIII SITE PLAN REVIEW AND APPROVAL PROCEDURES
Section 2300 - PURPOSE 87
Section 2301 - REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY 87
Section 2302 - APPLICABILITY 87
Section 2303 - PROCEDURE 88
Section 2304 - SITE PLAN REQUIREMENTS 89
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Section 2305 -WAIVER OF REQUIREMENTS 94
Section 2306 - CONSIDERATIONS FOR APPROVAL 94
Section 2307 -LIMITATIONS ON CONSTRUCTION 95
Section 2308 -RESERVATION OF PARKLAND ON SITE PLAN
CONTAINING RESIDENTIAL UNITS 95
Section 2309 -MODIFICATIONS OF SITE PLANS 95
Section 2310 -LETTER OF CREDIT 97
Section 2311 - COMPLETION OF IMPROVEMENTS 97
Section 2312 -EXPIRATION OF SITE PLAN APPROVAL 97
ARTICLE XXIV SPECIAL PERMITS AND SPECIAL APPROVALS
Section 2400 -PURPOSE 98
Section 2401 -REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY 98
Section 2402 - APPLICABILITY 98
Section 2403 -PROCEDURE 99
Section 2404 -WAIVER OF REQUIREMENTS 100
Section 2405 - CONSIDERATIONS FOR APPROVAL 100
Section 2406 -MODIFICATIONS OF SPECIAL PERMITS OR
SPECIAL APPROVALS 101
Section 2407 -EXPIRATION OF SPECIAL PERMIT OR SPECIAL
APPROVAL 101
ARTICLE XXV NON-CONFORMING USES
Section 2500 -NONCONFORMING LOTS OF RECORD 102
Section 2501 -NONCONFORMING USES OF LAND 102
Section 2502 -NONCONFORMING STRUCTURES 103
Section 2503 -NONCONFORMING USES OF STRUCTURES 103
Section 2504 -INTERRUPTION OF NONCONFORMING USE 104
Section 2505 - SINGLE FAMILY DWELLINGS ON NONCONFORMING
LOTS 104
Section 2506 - CONTINUATION OF CONSTRUCTION 104
Section 2507 -ALTERATIONS IN USE 105
Section 2508 -RESTORATION 105
Section 2509 -BOARD OF APPEALS DETERMINATION 105
Section 2510 -VARIANCE CRITERIA 106
Section 2511 - AMORTIZATION OF CERTAIN NONCONFORMING USES
RELATING TO PRE-1 991 RESIDENTIAL OCCUPANCIES 106
ARTICLE XXVI SPECIAL REGULATIONS
Section 2600 - MOBILE HOMES AND TRAILERS 107
Section 2601 - ELDER COTTAGES 107
Section 2602 - EXTRACTION OR DEPOSIT OF FILL AND
RELATED PRODUCTS 112
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Section 2603 -LIMITATIONS ON VEHICLE REPAIR GARAGES
AND GASOLINE SALES STATIONS 115
Section 2604 - TELECOMMUNICATIONS FACILITIES 115
ARTICLE XXVII GENERAL PROVISIONS
Section 2700 -BUILDING FLOOR AREA 125
Section 2701 - SIDE YARD ON CORNER LOT 125
Section 2702 -PORCHES AND CARPORTS 125
Section 2703 -FENCES AND WALLS 125
Section 2704 -PROJECTIONS IN YARDS 125
Section 2705 -REDUCTION OF LOT AREA 125
Section 2706 -MORE THAN ONE BUILDING ON A LOT 125
Section 2707 -PARKING FACILITIES 126
Section 2708 - APPROVAL OF COUNTY HEALTH DEPARTMENT 131
Section 2709 - ABANDONED CELLAR HOLES AND BUILDINGS 131
Section 2710 -AGRICULTURAL LANDS IN COUNTY AGRICULTURAL
DISTRICTS 131
ARTICLE XXVIII ADMINISTRATION
Section 2800 -ENFORCEMENT 132
Section 2801 - APPLICATIONS FOR APPROVALS, REMEDIES OR RELIEF 132
Section 2802 -PERMIT TO BUILD 132
Section 2803 - CERTIFICATE OF OCCUPANCY 134
Section 2804 -ZONING BOARD OF APPEALS 134
Section 2805 -PLANNING BOARD 136
Section 2806 -POSTING OF NOTICES 138
Section 2807 -ENTRY AND INSPECTION 140
Section 2808 -VIOLATIONS AND PENALTIES 140
Section 2809 - AMENDMENTS 140
Section 2810 -VALIDITY 140
Section 2811 -EXISTING ZONING ORDINANCE AMENDED, RE-
ADOPTED AND RE-ENACTED 140
Section 2812 -FEES 140
Section 2813 - WHEN EFFECTIVE 141
Section 2814 - TRANSITION PROVISIONS 141
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ARTICLE I: TITLE
Section 100-TITLE. This law shall be known as the"Town of Ithaca Zoning Ordinance"
whether adopted as an ordinance or local law. Hereinafter,this law is sometimes referred to as"this
Ordinance".
ARTICLE II: PURPOSE
Section 200-PURPOSE. This law is adopted pursuant to the laws of the State of New York
in order to protect and promote the health, safety and welfare of the community. Among other
purposes this law is intended to prevent the overcrowding of lands,to avoid undue concentration of
population,to facilitate the adequate provisions of transportation,water, sewage disposal, schools,
parks, and other public requirements, to consider the value of property, and to establish zones in
which regulations concerning the use of lands and structures,the density of development,the amount
of open space that must be maintained, size of yards, the provision of parking and control of signs,
.and other provisions will be set forth to encourage the most appropriate development of the Town
in accordance with the Comprehensive Land Use Plan of the Town of Ithaca as the same may be
amended and updated by the Town.
ARTICLE III: INTERPRETATION AND DEFINITIONS.
. Section 300-INTERPRETATION OF MEANINGS. For the purposes of this Ordinance
certain terms and words shall be interpreted as follows:
1. Unless otherwise specifically defined herein or otherwise indicated,all words used in this
Ordinance shall carry their customary meanings.
2. Words used in the present tense include the future.
3. The plural usage includes the singular.
4. The word "shall' is mandatory.
5. The word "may" is permissive.
6. The word "lot" includes the word "plot" or"parcel'.
7. The words"occupied" or"used" shall be considered as though followed by the words"or
intended, arranged, or designed to be used or occupied".
8. The words "he", or"she" includes the opposite gender and in both instances includes the
word "it".
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Section 301 - CONTROLLING REGULATION. Where provisions of this Ordinance
impose greater restrictions than those of any statute, other ordinance, law, or regulation, the
provisions of this Ordinance shall be controlling. When the provisions of any statute, other
ordinance,law,or regulation impose greater restrictions than this Ordinance,the provisions of such
other statute, ordinance, law, or regulation shall be controlling.
Section 302 -DEFINED TERMS. For the purpose of this Ordinance certain words and
terms shall have the following meanings unless the context otherwise requires.
ADULT CARE FACILITY-An establishment for adults which provides for hire residential care
and services to adults who,by reason of choice,physical or other limitations associated with age,
physical or mental disabilities or other factors, are unable or substantially unable to live
independently or choose not to live independently. Such establishment includes an adult care facility
as defined in the New York Social Services Law which.has received and continues to maintain a
validly issued operating permit as an adult care facility from New York State Department of Social
Services or a County Department of Social Services. Such definition also includes retirement
homes and communities which provide residences for the elderly with some supportive services.
ADULT DAY CARE FACILITY-An establishment for adults which provides for hire day care
services to adults who, by reason of physical or other limitations associated with age, physical or
mental disabilities or other factors, are unable or substantially unable to live independently without
supervision.
ADULT ENTERTAINMENT BUSINESS -A business involving one or more of the following:
(a) Adult arcades where, for any form of consideration', one or more motion picture
projectors, slide projectors,video cassette players, computers, or similar machines,
for viewing by five or fewer persons each are used to show films, motion pictures,
video cassettes, slides, computer generated images, or other photographic
reproductions,which are characterized by emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
(b) Adult bookstores which have as a substantial (50% or more)portion of its stock in
trade and offers for sale, for any consideration, any one or more of the following:
(i) Books,magazines,periodicals,or other printed matter or photographs,films,
motion pictures,video cassettes,slides or other visual representations,which
are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas, or
(ii) Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
(c) Adult cabarets meaning any nightclub,bar(including establishments which do not
serve alcoholic beverages), restaurant, or similar establishment, which- regularly
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features live performances characterized by exposure of specified anatomical areas
or by specified sexual activities or films, motion pictures, video cassettes, slides or
other photographic reproductions characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical areas.
(d) Adult motion picture theater where, for any form of consideration, films, motion
pictures, video cassettes, slides or other photographic reproductions are regularly
shown,and in which a substantial portion of the total presentation time is devoted to
the showing of material characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas.
(e) Adult theater meaning a theater, concert hall, auditorium or similar establishment
which, for any form of consideration,regularly features live performances in which
a substantial portion of the total presentation time is devoted to the exposure of
specified sexual activities or specified anatomical areas.
(f) Massage parlor where, for any form of consideration, massage, alcohol rub,
fomentation, electric or magnetic treatment or manipulation of the human body is
administered,unless by a medical practitioner, chiropractor,acupuncturist,physical
therapist, licensed massage therapist, or similar professional person licensed by the
state. This definition shall not be deemed to include an athletic club, health club,
school, gymnasium, reducing salon, spa or similar establishment where massage or
similar manipulation of the human body is offered as an incidental accessory service.
(g) Peep show where, for any form of consideration, persons may observe from
individual enclosures shows which regularly feature live performances characterized
by exposure of specified anatomical areas or by specified sexual activities or films,
motion pictures, video cassettes, slides, computer generated images, or other
photographic reproductions characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas.
ALTERATION -As applied to a building or structure
(a) an enlargement by increasing in height or by extending on a side, front, or back;
(b) moving from one location or position to another;
(c) any change, addition, or removal of the structural parts; or
(d) any change, addition, or removal of partitions, or any change in walls, ceiling,
windows, or doors.
The term "ALTER" in its various modes and tenses and its participial form,refers to the making of
an alteration.
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BASEMENT-That space of a building that is partly below grade which has half,or more than half,
of its height, measured from floor to ceiling, above the average finished grade of the ground
adjoining the building.
BED AND BREAKFAST-A building originally built and used as a dwelling other than a hotel or
motel in which accommodations for transients are regularly offered for compensation and which
accommodations include provision of at least one meal, and in which building no more than four
bedrooms are utilized for such accommodations.
BUILDING-A structure having a roof supported by columns or by walls and intended for shelter,
housing,protection or enclosure of persons, animals or property.
BUILDING, ACCESSORY - A detached 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.
BUILDING, PRINCIPAL - A building within which is conducted the primary uses of the lot on
which the building is located.
BUILDING AREA - The total areas taken on a horizontal plane at the main grade level of the
principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING CODE-The New York State Uniform Fire Prevention and Building Code(9 NYCRR
Part 600 et. seq.) as the same may be amended from time to time, and any successor regulations,
laws or codes.
BUILDING LINE-The line formed by the intersection of the vertical plane that coincides with the
most projected exterior point of a building on any side and the ground. Front,side,and rear building
lines are respectively the building lines closes to the highway right-of-way, side property line and
rear property line.
CATERER-A person or enterprise that prepares food for hire for consumption predominantly off-
premises.
CELLAR-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.
CHILD DAY CARE CENTER- A facility, home, or other establishment defined as a child day
care center in Section 390 of the Social Services Law providing child care for seven or more children
for hire licensed by the New York State Department of Social Services at which day care is provided
for hire, and which is not a school, day care home, family day care home, or group family day care
home. (See also Day Care Home, Family Day Care Home, Group Family Day Care Home.)
CLINIC-A building or any part of a building which is used for the group practice of medicine by
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several physicians in which certain facilities other than reception are shared by the occupants and
in which patients are diagnosed or treated by physicians practicing as a group.
CLUBHOUSE or LODGE - 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.
COMMUNITY RESIDENCE-A facility for adult residents operated by or subject to licensure by
the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities of
the State of New York defined as a Community Residence in the Mental Hygiene Law.
DAY CARE HOME-A facility,home,or other establishment at which day care is provided for hire
for more than three hours per day per child for no more than two children.
DOMESTIC ANIMALS-Domesticated horses,ponies,donkeys,sheep,cattle,llamas,goats,pigs,
ducks, geese, chickens, swans, turkeys,rabbits, cats, dogs, or other domesticated animals found to
be of a similar nature by the Board of Zoning Appeals,kept and maintained for personal use rather
than for commercial uses, and not generally available for sale.
DRIVE-THROUGH or DRIVE-IN FACILITY - An establishment or facility that by design of
physical facilities permits customers to receive a service or obtain a product(including food)while
remaining in a motor vehicle on the premises.
DWELLING-A building designed or used primarily as the living quarters for one or more families.
DWELLING UNIT-A dwelling,or portion of a dwelling,providing complete living facilities for
one family.
ELDER COTTAGE-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 2601
of this Ordinance.
EQUESTRIAN FACILITY - A facility available to the public providing one or more of the
following services for compensation:
(a) Horseriding lessons.
(b) Horse training.
(c) Leasing of horses.
(d) Boarding of horses.
(e) Sale of horses other than an occasional sale of a horse owned and used solely for
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personal purposes by the owner of non-commercial facility.
For the purpose of this definition, a pony or donkey shall be included in the term "horse".
FAMILY- (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( herein.
(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.
(£) In making a determination under paragraph(d) the Board of Appeals shall find:
(i) The group is one which in theory, size, appearance and structure resembles
a traditional family unit.
(ii) The group is one which will live and cook together as a single housekeeping
unit.
(iii) The group is of a permanent nature and is neither merely a framework for
transient or seasonal(including as"seasonal"aperiod 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
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(1) Voter registration.
(2) Drivers license.
(3) Motor vehicle registration.
(4) Summer or other residences.
(5) Filing of taxes.
(C) Whether or not furniture and appliances are owned in common 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 2405 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 2701of 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".
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FAMILY DAY CARE HOME-A facility,home, or other establishment,defined as a family day
care home in Section 390 of the Social Services Law, at which day care is provided for hire for
generally three to six children and which is registered with the Tompkins County Department of
Social Services and is operated in accordance with the State and County regulations governing
operations of a family day care center.
FAMILY TYPE HOME FOR ADULTS-An adult care facility providing services to four or fewer
adult persons unrelated to the operator, all as defined as a family type home for adults in the New
York Social Services Law Section 2.
FARM - 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 and on-farm buildings used for
preparation or marketing of products produced, or derived from products produced, on the farm
property on which the building is located subject to the limitations regarding road side stands set
forth in this Ordinance.
FARM RETREAT - A farm which includes facilities for room and/or board for up three people
unrelated to the owner or operator of the farm,which people temporarily occupy farm premises and
participate in the farming activities for the purposes of learning about farm life.
FLASHING SIGN-Any illuminated sign on which the artificial light is not maintained stationary
and/or constant in intensity and color at all times.
GARAGE - A covered building used primarily for storage of automobiles and other similar motor
vehicles,
GROUP FAMILY DAY CARE HOME - A facility, home, or other establishment defined as a
group family day care home in Section 390 of the Social Services Law, licensed by the Now York
State Department of Social Services or by the Tompkins County Department of Social Services, at
'which day care is provided for hire for generally seven to fourteen children and is operated in
accordance with the State and County regulations governing operations of a group family day care
home.
HEIGHT-As it relates to a structure other than a building,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.
HEIGHT FROM LOWEST INTERIOR GRADE - As it relates to a building, the vertical
distance measured from the surface of the lowest level(floor of a crawl space,basement floor,slab,
or other floor, even if below exterior grade level) in contact with the ground surface to the highest
point of the roof, excluding chimneys, antennae, and other similar protuberances. When the
measurement ofheight 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
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other floor.
HEIGHT FROM LOWEST EXTERIOR GRADE - As it relates to a building, 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.
HOME OCCUPATION-A business customarily conducted wholly within a dwelling,or building
accessory thereto, by an owner and resident of the dwelling, which is clearly incidental and
secondary to the use of the property for residential purposes and which meets the following
additional conditions:
(a) An area of no more than 25% of the floor space of the dwelling (whether in the
dwelling or in an accessory building) or 500 square feet (whichever is less) is used
for such business;
(b) No more than two persons(full or part-time) outside the resident household,and no
more than four persons (full or part-time) including the resident household, are
employed in conducting the business;
(c) The owner and chief operating officer of the business-is an owner and full-time
resident of the property on which the business is conducted;
(d) No goods are offered for sale excepting those created, assembled, or reconditioned
completely on the property;
(e) There is no exterior display or sign except as permitted by this Ordinance or the
Town of Ithaca Sign Law, no exterior storage of materials, equipment (including
commercial vehicles), or other items of commerce, and no other exterior indication
of the home occupation or variation from the residential character of the lot,district
or surrounding neighborhood;
No offensive noise,vibration,smoke,dust,odor,heat,glare or electronic disturbance
is produced beyond the boundary line of the property occupied by the business;
(g) The business does not generate traffic in any greater volume than would normally be
expected in a residential neighborhood,and any need for parking generated by the use
is met off the street and in accordance with any other regulation of this ordinance;
and
(h) The business or use is not detrimental to the residential character of the lot on which
the business is located nor of the surrounding neighborhood.
(i) The lot on which the business is operated is large enough to allow such business to
be conducted with minimal impact on the neighbors.
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Home occupations typically include,but are not limited to,architects,attorneys,carpenters,caterers,
dentists, doctors, dressmakers, electricians, engineers, hairdressers, insurance brokers, plumbers,
realtors, and teachers.
HOSPICE - A building other than a hospital or nursing home where more than two terminally ill
persons are regularly lodged and furnished with meals and nursing care and which has been granted
a certificate of approval to operate as a Hospice pursuant to the Public Health Law or any successor
regulating state law.
HOSPITAL- An establishment for temporary occupation by the sick or injured for the purpose of
medical treatment licensed by the State of New York for such purposes.
HOTEL or MOTEL - A building containing rooms designed and originally planned to be rented
or hired out for living or sleeping accommodations for transient occupancy.
HOUSEHOLD PETS - Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice, ferrets,
rabbits,hamsters,gerbils,and other domesticated small animals ordinarily kept as pets which eat and
sleep within a dwelling unit occupied by a family.
LOT-Any area of land bounded by property lines which is not divided into parts by a public road,
railroad, or public utility right-of-way. Each part of an area so divided is considered an individual
lot for zoning purposes but is not exempt from applicable Subdivision Regulations.
LOT AREA-The area of a lot,excluding any portion of a public highway right of way that may be
included within deed description of the lot.
LOT DEPTH-The distance between a point on a public highway right-of-way 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.
LOT LINE-A property boundary of a lot,except where the property boundary is the centerline or
other portion of a public highway,in which event the property line is the highway right-of-way line.
MARINA-A facility providing docking or mooring for boats together with ancillary uses such as
sale of fuels, boats and boating a parts and accessories.
MINING-The extraction of overburden and minerals from the earth;the preparation and processing
of minerals, including any activities or processes or parts thereof for the extraction or removal of
minerals from their original location and the preparation, washing, cleaning, crushing, sorting,
stockpiling or other processing of minerals at the mine location so as to make them suitable for
commercial,industrial,or construction use;the removal of such materials through sale or exchange,
or for commercial,industrial or municipal use;and the disposition of overburden,tailings and waste
at the mine location; or any one of the above activities. Mining shall not include the excavation,
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removal and disposition of minerals from the site of, and incidental to, a construction project, or
excavations incidental to bona fide agricultural activities provided, however, such excavations,
removal or disposition are subject to obtaining fill permits if required as set forth in this Ordinance.
For the purpose of this definition:
(a) "Minerals"mean any naturally formed, usually inorganic, solid material located on
or below the surface of the earth. "Minerals" include, but are not limited to, peat,
topsoil, gravel, and stone.
(b) "Overburden"means all of the earth,vegetation and other materials which lie above
or alongside a mineral deposit.
(c) "Spoil"and"Tailings"have the meanings given to them by Article 23 of the N.Y.S.
Environmental Conservation Law or any similar or successor statute.
MIXED USE-A commercial facility with accessory residential facilities,the floor area(inclusive
of all floors on all stories dedicated to the residential use) of which residential facilities is less than
the floor area(inclusive of all floors on all stories dedicated to commercial use) of the commercial
use, and which residential facilities are located elsewhere in the building than on the street frontage
of the ground floor.
MOBILE DOME - A transportable dwelling unit suitable for year-round occupancy. A mobile
home is designed and built to be towed on its own chassis, comprised of frame and wheels, and
connected to either public or private utilities. The unit may contain parts which may be folded,
collapsed,or telescoped when being towed and expanded later to provide additional cubic capacity.
A mobile home may also be designed as two or more separately towable components designed to
be joined into one integral unit capable of again being separated into the components for repeated
towing. This definition excludes travel or camping trailers towed by a motor vehicle and neither
wider than 8 feet nor longer than 32 feet. Self-propelled motor homes, or modular housing which
is not built with an integral chassis and which must be transported on a separate vehicle from factory
to housing site are also excluded from this definition. A mobile home shall be considered a one-
family dwelling only for purposes of determining the number of occupants permitted.
MOBILE DOME LOT-A parcel of land used for the placement of a single mobile home and the
exclusive use of its occupants. A mobile home lot shall be located in a mobile home park as defined
by this ordinance.
MOBILE HOME PARK- A parcel of land owned by an individual, partnership, or corporation
which has been planned and improved for the placement of mobile homes.
MOBILE HOME STAND - That part of an individual mobile home lot which has been reserved
and improved for the placement of the mobile home, appurtenant structures and additions.
MULTIPLE-)FAMILY DWELLING-A building or group of buildings on one lot containing three
or more dwelling units.
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NATURAL AREA-An area of land designated as a Critical Environmental Area,Unique Natural
Area,or other similar environmental designation in accordance with regulations promulgated by the
New York State Department of Environmental Conservation or any similar successor state agency,
or by any other federal, state, or local governmental unit, and any area specifically designated as a
Significant Natural Area by the Town Board of the Town of Ithaca after notice to the owner or
owners of the area and a public hearing on such designation.
NON-CONFORMING USE-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.
NURSERY-A lot or structure where trees,shrubs,flowering and other plants are cultivated,grown
or stored and sold.
NURSING or CONVALESCENT HOME-A building other than a hospital where sick or infirmed
persons are lodged, furnished with meals and nursing care for hire and licensed by the State of New
York.
ONE-FAMILY DWELLING- A detached building containing a single dwelling unit.
PARKING SPACE - An area for the temporary parking of a motor vehicle 180 square feet in size
exclusive of the parking lot circulation areas.
PUBLIC PARKING GARAGE-A garage or other structure used for the parking of automobiles
for the public for a fee on an itinerant basis.
SEQR-Article 8 of the New York State Environmental Conservation Law,or any similar successor
statute, together with any state regulations (presently 6 NYCRR Part 617) and local regulations
promulgated thereunder.
SHORELINE - The mean high water elevation of Cayuga Lake along the shore.
SPECIFIED ANATOMICAL AREAS -The following areas of the human body:
(a) Less than completely and opaquely covered human genitals, pubic region,buttock,
and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state even if completely and opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES -The following activities:
(a) Human genitals in a state of sexual stimulation or arousal; or
(b) Acts of human masturbation, sexual intercourse or sodomy; or
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(c) Fondling or other erotic touching of human genitals,pubic region,buttocks or female
breast.
STREET LINE or HIGHWAY RIGHT OF WAY LINE-The limit of the right of way of a street,
road or highway. Where the word street appears this also means highway or road.
STORAGE - 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.
STRUCTURE-Anything that is constructed or erected on the ground or upon another structure or
building. "Structure" also includes anything that is constructed or erected underground and projects
up to the ground surface or above, or anything that is constructed or erected wholly underground
other than utility lines, septic and water systems,or other similar types of underground construction
wholly ancillary to a principal building or structure on the premises. "Structure" also includes
constructed parking spaces. The term "structure" includes a building. There is excluded from the
term structure,however,underground graves,vaults or other underground facilities for the interment
of bodies.
TELECOMMUNICATIONS FACILITY - Any equipment, other than
(a) equipment used by amateur radio licensees regulated by the Federal Communications
Commission; or
(b) equipment that is used by a governmental unit or agency that is statutorily expressly
exempt from regulation by the Town of Ithaca; or
(c) mobile equipment that is contained in a car or other motor vehicle or is completely
portable and not affixed in any manner to realty(the exception for mobile equipment
does not extend to any antenna(s) attached, directly or indirectly such as on a tower
or other structure,to realty or to other facilities used in connection with such mobile
equipment);
used in connection with the provision of two-way communication services of which at least one of
the directions of communications is wireless, including cellular telephone services, personal
communications services, private radio communications services, fire and emergency
communications, and any other private or public radio communications transmissions regulated by
the Federal Communications Commission in accordance with the Telecommunications Act of 1996
and other federal laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures, and buildings.
TWO-FAMILY DWELLING- A detached building containing two dwelling units.
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VEHICLE REPAIR GARAGE - A facility at which the principal activity is the servicing or
repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's shops,
speedy-type oil and lubrication facilities, and muffler and brake repair facilities.
YARD - An open space on the same lot with a building, unoccupied and unobstructed from the
ground upward except as otherwise permitted herein.
YARD, FRONT - The yard between the street right of way line and the front line of the principal
building, exclusive of eaves which overhang by no more than four feet, extended to the side lines
of the lot. The depth of the front yard shall be measured between the front line of the building and
the highway right of way line. Covered porches, or uncovered porches more than three feet off of
the ground,shall be considered as part of the building and shall not project into a required front yard.
YARD, REAR - The yard between the rear lot line and the rear line of the principal building,
exclusive of overhanging eaves, extended to the side lines of the lot.
YARD,SIDE-The yard between the principal building,exclusive of overhanging eaves,and a side
lot line and extending through from the front yard to the rear yard.
ARTICLE IV: ESTABLISHMENT OF ZONES
Section 400 - ZONES. For the purpose of this ordinance the Town of Ithaca is hereby
divided into the following types of zones (also sometimes hereinafter referred to as "Districts"):
Conservation Zones
Agricultural Zones
Lakefront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Planned Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use)
In accordance with and pursuant to Local Law#2-1984
Special Land Use District#1
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- In accordance with and pursuant to Local Law#3-1984 [Wiggins]
Special Land Use District#2
- In accordance with and pursuant to Local Law#4-1984 [Sapsucker Woods]
Special Land Use District#3 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#4-1986 [Biggs Complex]
Special Land Use District#4 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#1-1987 as amended by Local Law
#2-2002 [Statler West]
Special Land Use District#5 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#2-1988 [Chamber of Comm.]
Special Land Use District#7 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#1-1994 [Ithacare]
Special Land Use District#8 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#1-1995 as amended by Local Law
#4-2001 [Ecovillage]
Special Land Use District#9 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#2-1996 [Cornell Precinct 7]
Special Land Use District#10 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#6-1998 [Sterling House/Sterling
Cottage]
Special Land Use District#11 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #7-1998 [Cornell Chilled Water
Plant]
Said districts are set forth on the map accompanying this ordinance,Town of Ithaca Zoning Map(the
"Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said map and all
explanatory matter thereon and amendments thereto are hereby made a part of this ordinance.
Section 401 - CONTINUATION OF SPECIAL LAND USE DISTRICTS. The
provisions of any prior zoning ordinance or local law creating, implementing, amending, or in any
other manner dealing with any special land use district as in effect on the effective date of the
adoption of this provision shall continue in full force and effect unless expressly modified by the
terms of this Ordinance or any other local law or ordinance adopted subsequent to the adoption of
this provision. Henceforth,such special land use districts shall be considered planned development
zones for the purposes of this Ordinance. Without limiting the foregoing, the adoption of this
revised Ordinance shall not alter the permitted uses nor the conditions or limitations relating to
properties within an existing special land use district.
Section 402- ZONE BOUNDARIES. Where uncertainty exists with respect to the exact
boundaries of the various districts as shown on the Zoning Map, the following rules shall apply.
1. Where zone boundaries are indicated as approximately following the center lines of
streets or highways, street lines, or highway right-of-way lines, such center lines,
street lines, or highway right-of-way lines shall be construed to be said boundaries.
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2. Where zone boundaries are so indicated that they approximately follow the lot lines
as shown on plots of record at the time this Ordinance becomes effective,or lot lines
on plots of record at the time of any amendment rezoning an area,then such lot lines
shall be construed to be said boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the
center lines of street lines or streets, or the center lines or right-of-way lines of
highways, such zone boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Zoning Map. If no such distance is
given, such dimension shall be determined by the use of the scale shown on said
Zoning Map.
4. Where the boundary of a zone follows a railroad line,such boundary shall be deemed
to be located in the middle of the main tracks of said railroad line.
5. Where the boundary of a zone follows a stream, lake or other body of water, unless
otherwise indicated said boundary line shall be deemed to be at the center line of said
stream,lake,or other body of water,unless said center line is outside the jurisdiction
of the Town of Ithaca,in which event said boundary line shall be deemed to be at the
limit of the jurisdiction of the Town of Ithaca.
6. Distances shown on the Zoning Map are perpendicular or radial distances from street
lines measured back to the zone boundary line, which lines, in all cases where
distances are given, are parallel to the street line.
7. In all other cases the boundary line shall be determined by use of the scale on the
Zoning Map.
8. Any lands existing in the Town of Ithaca,which are unzoned at the time of the
adoption of this amendment,and any lands hereafter added to the Town of Ithaca by
annexation or otherwise,are hereby zoned Low Density Residential Zone. Any such
after-acquired lands shall be automatically zoned Low Density Residential Zone upon
such acquisition,except that such lands may be thereafter rezoned to any other zone
as determined by the Town Board.
Section 403 -PROHIBITION OF USES. All uses not specifically set forth as permitted
uses in a zone are expressly prohibited as uses in that zone. A use specifically permitted in one zone
is not permitted in any other zone, less restrictive or otherwise,unless specifically enumerated as a
permitted use in such other zone.
ARTICLE V: CONSERVATION ZONES
Section 500 - PURPOSE. It is the purpose of the Conservation Zone to preserve the
outstanding natural features in certain areas of the Town, as described in the Town of Ithaca
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Comprehensive Plan(September 21, 1993), and to provide a regulatory framework through which
development can occur with minimal environmental impact in these areas. Among the natural values
and ecological importance of these areas are their diversity as a plant and wildlife habitat, their
existence as biological corridors,their scenic views and rural character, and their importance as an
educational and recreational resource. In addition, certain lands in the Conservation Zones contain
large areas of steep slopes, wetlands, highly erodible soils and, in one instance, the City of Ithaca
water supply, which must be taken into consideration in planning for future development.
It is a further purpose of the Conservation Zone to preserve existing areas of contiguous open space;
prevent unnecessary destruction of woodland areas,preserve existing and potential agricultural land
and promote appropriate development densities and flexibility of design and development of land.
Developers should be encouraged to use mechanisms to accomplish these objectives. Such
mechanisms could include enlarged buffer areas, conservation easements, deed restrictions,and
public or semi-public land dedications.
Certain of the areas included in Conservation Zones,in recognition of their natural and ecological
significance,have been designated by the Tompkins County Environmental Management Council
as Unique Natural Areas. It is a further purpose of this Conservation Zone to preserve the natural
resources and scenic beauty of the areas to promote tourism as an important economic benefit to the
Town of Ithaca.
Section 501 PERMITTED PRINCIP'AIL USES. In a Conservation Zone, 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, except a mobile home, to be occupied by no 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
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
3. Garden, nursery or farm.
4. Roadside stand or other structure, not exceeding 500 square feet of enclosed space,
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 stared shall be
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located a minimum of 30 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.
5. Forest management and other forest resource uses,including the harvesting of timber
in conformance with environmentally sound forestry practices,provided that logging
of more than one acre of contiguous land shall require the submission of a forest
management plan to and approval by the Planning Board. Such a plan shall include,
but not be limited to, a description of the area to be logged,what percentage of trees
will be cut, the method of cutting and removing trees, and how the land will be
restored (e.g., through reforestation, agriculture or otherwise).
6. Public water supply.
Section 502-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Conservation Zone, but only upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
l. Church or other places of worship.
2. Public library,public museum,public,parochial and private schools,daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
3. Publicly owned park or playground, including accessory buildings and
improvements.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Roadside stand or other structure,exceeding 500 square feet but not more than 2500
square feet of enclosed space, for the display and sale of farm or nursery products
related to farming and as a seasonal convenience to the owner or owners of the land.
The majority of the products sold at such stand shall be,or be derived from,products
produced on the farm on which the roadside stand is located. Any such stand shall
be located a minimum of 30 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.
6. Bed and Breakfast.
Section 503 - ADDITIONAL REQUIREMENTS FOR SPECIAL PERMIT. The
application for a special permit for any of the uses set forth in the immediately preceding section
shall be made to the Plamzing Board. Any required site plan shall conform to the requirements of,
and be subject to the procedures contained in Article XXIH. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by the Planning
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Board. In determining whether to grant a special permit, the Planning Board shall consider the
matters set forth elsewhere in this ordinance and in addition shall grant a special permit for any of
the above uses only if it can be demonstrated that:
1. The proposal is consistent with the goals and objectives of the Conservation Zone,
as enumerated in the purpose section relating to this Zone;
2. The proposal provides adequate measures to control stormwater runoff and minimize
erosion and sedimentation;
3. The project includes adequate measures to protect surface and groundwaters from
direct or indirect pollution; and
4. Off-street parking facilities are adequately buffered to minimize visual and noise
impacts on surrounding areas, and are designed to minimize the increase in
impervious surfaces on the site.
Section 504 - PERMITTED ACCESSORY BUILDINGS OR USES. The following
accessory buildings or uses are permitted as of right in a Conservation Zone:
1. Accessory buildings customarily incidental to the above permitted uses.
2. Home occupations to the extent permitted and subject to the same requirements set
forth in the provisions related to home occupations in the sections governing Low
Density Residential Zones.
3. Wildlife rehabilitation operation as defined and regulated under 6 NYCRR Part 184,
provided that no noise, dust, disorder, or objectionable odor is experienced (as a
result of that use) beyond the boundary lines of the property where such use is
conducted, and that no more than 3 additional persons not residing on the premises
may be employed.
4. Day care homes, family day care homes, and group family day care homes.
5. Adult day care facilities serving no more than four clients at any one time.
6. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse,etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
Section 505-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Conservation
Zone,but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance:
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1. Elder Cottages.
2. A second dwelling unit in a building other than the principal building,provided that
(c) All of the general criteria set forth elsewhere in this Ordinance for the
issuance of a Special Approval have been satisfied;
(d) The location of the second dwelling, and the building in which it is located,.
does not adversely impact in any significant manner the adjoining neighbors;
(e) The building containing such second dwelling is located at least 50 feet from
any side boundary of the lot,and is not constructed in any required front yard.
(f) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought;
(g) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(h) The second dwelling is located in a building that is accessory to the principal
dwelling;
(i) The building containing the primary dwelling does not contain more than one
dwelling; and
(j) There are no elder cottages or other buildings on the lot containing dwellings
other than the building containing the primary dwelling and the building for
which special approval is sought.
Section 506 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Conservation Zones no non-agricultural building shall exceed thirty-eight
(38) feet in height from lowest interior grade nor thirty-six (36) feet in height from lowest exterior
grade,and no non-agricultural structure other than a building shall exceed thirty(30)feet in height.
Nan-agricultural accessory buildings shall in no case exceed 15 feet in height.
Section 507-YARD REGULATIONS. Except as maybe specifically otherwise authorized
in this law, in Conservation Zones yards of at least the following dimensions are required:
1. Front Yard - Not less thann the average depth of the front yards of building
immediately adjacent. However, except for roadside stands authorized by Section
501,the front yard shall not be less than 50 feet nor need it be greater than 75 feet in
depth.
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2. Rear Yard -not less than 200 feet in depth.
3. Side Yards - Each not less than 50 feet.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Buffer areas-The foregoing requirements may include any required buffer areas and
shall not be in addition to any required buffer areas.
6. Accessogy Buildings-In Conservation Zones accessory buildings other than garages
may not occupy any open space other than a rear yard. The total lot area covered by
non-agricultural accessory buildings may not occupy more than 1,000 square feet of
any required rear yard and shall be not less than 50 feet from any side or rear lot line.
Section 508-LOT COVERAGE. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage. For the purposes of this Zone,roads, driveways,parking areas, and other paved areas
shall be considered buildings in computing the percentage of lot coverage.
Section 509 - SIZE AND AREA OF LOT. Lots in Conservation Zones shall meet the
following minimum requirements:
1. Minimum lot area shall be at least seven acres; and
2. Minimum lot width at the street line shall be 300 feet; and
3. Minimum width at the maximum required front yard setback line(75 feet from the
street line) shall be 300 feet; and
4. Minimum depth from the street line shall be 450 feet.
Section 510 - CLUSTERING. The Planning Board is hereby authorized to require
clustering of residential units as outlined in the Town's Subdivision Regulations, where clustering
will further the purposes of the Conservation Zone, subject to the requirement with respect to the
Conservation Zone along Six Mile Creek,that where feasible, on the southwestern side of Six Mile
Creek(i.e.,on the Coddington Road side of the Conservation Zone),dwelling units shall b e clustered
between the former railroad grade and Coddington Road, in order to preserve the natural
characteristics and scenic views of the lands adjacent to Six Mile Creek and the City Watershed
properties. In such cases, the same number of dwelling units that could have been built on that
portion of the parcel between the former railroad grade and Six Mile Creek under the above density
requirements when feasible shall be transferred to the portion of the parcel between the former
railroad grade and Coddington Road. This provision shall not apply to parcels which are situated
entirely between the former railroad grade and Six Mile Creek.
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Section 511 - PARKING. Parking requirements shall be as set forth in Section 2707.
Section 512 -ADDITIONAL REQUIREMENTS AND RESTRICTIONS.
1. The following activities are specifically prohibited in Conservation Zones:
(a) The importation for dumping or disposal of snow or ice collected from
roadways or parking lots into or within two hundred(200)feet linear distance
of any wetland or watercourse carrying water six(6)months out of the year.
(b) The location ofbuildings or structures on slopes of 25 percent or greater,with
a minimum horizontal slope length of 25 feet.
2. No buildings, structures, paved areas, or storage of construction equipment or
machinery shall be located within 50 feet of the centerline of any watercourse
carrying water six (6) months out of the year, or within 200 feet of the 100-Year
Flood Boundary of any body of water or water course identified as "Zone A" on any
Flood Insurance Rate Map for the Town of Ithaca, N.Y., prepared by the Federal
Emergency Management Agency,(or any other generally recognized map of 100 year
flood zones) within any Conservation Zones.
In the case of residential subdivisions, whether conventional or cluster, the no
disturbance zone as defined above shall be increased by up to 50% if the Planning
Board determines that such an increase is necessary to protect water quality or to
minimize the impacts of erosion and sedimentation.
Unless otherwise authorized by the Planning Board, no disturbance as listed above
shall be located within one hundred(100)feet linear distance of any wetland. During
the subdivision or site plan approval process, where there is evidence of a wetland,
the Planning Board may require a wetland delineation study to determine the
potential impacts of development or disturbance on said wetland. For the purposes
of this section,wetlands shall mean all wetlands,as defined in either state or federal
legislation(whichever is more restrictive) governing regulation of wetlands, of an
area of more than 1/10th of an acre.
3. With respect to the Conservation Zone along Six Mile Creek, no buildings,
structures,or storage of construction equipment or machinery shall be located within
100 feet of the centerline of the South Hill Recreation Way.
4. The storage and land application of manure for agricultural purposes shall follow
reasonable agricultural practices. Minimum conditions for storage of solid manure
are a pad of concrete and a leachate collecting system or other system reasonably
equivalent in its protection of the surrounding environment. The manure storage
system should be designed to prevent animal waste from entering any stream or water
body.
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5. The following apply to vegetation and landscaping:
(a) Existing native vegetation shall be maintained to the extent practicable.
(b) When landscaping is required by the Planning Board to enhance buffer areas,
to replace existing vegetation,or otherwise,native plant materials should be
used to the extent practicable.
6. Scenic views,in particular those with viewing points from adjacent roads(and,in the
case of the Conservation Zone along Six Mile Creek, from Six Mile Creek and the
Gorge) should be preserved using practices such as the following:
(a) Avoid the siting of buildings or structures on ridgelines or hilltops. Buildings
should be sited below the crest or ridgeline of hills to preserve a natural
topographic and vegetative profile.
(b) Retain existing vegetation to the extent practicable.
(c) Retain existing stone walls, fences and other features in open meadows.
(d) Regrading should blend in with the natural contours and undulations of the
land.
(e) Buildings proposed to be located within significant viewing areas should be
screened and landscaped to minimize their intrusion on the character of the
area. Building materials and color schemes should harmonize with their
setting and be compatible with neighboring land uses.
(f) Where possible, buildings and structures should be located on the edges of
open fields and in wooded areas to minimize visual impacts.
(g) Visibility of proposed buildings or structures from public trails within
Conservation Zones should be considered so as to minimize visual intrusion
on views from the public trails.
7. Wildlife habitats and biological corridors should be preserved. Open space linkages
should be encouraged to accomplish the above. Open space and conservation
easement areas shall be designed with massing and linking as guiding principles.
Open space and conservation areas both on and off site should be as contiguous as
reasonably possible.
8. Roads and driveways should follow existing contours to the extent practicable to
minimize the impact of cuts and fills. The number of driveways accessing public
streets shall be kept to a minimum. The appropriate use of common driveways is
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encouraged.
9. The following shall apply to drainage:
(a) The Planning Board may require the preparation and submittal of a
stormwater management plan, to be approved by the Town Engineer, for
proposed special approval uses and for proposed subdivisions.
(b) Existing natural drainageways should be retained where possible.
(c) In cases where a retention basin will be required, a landscaping plan shall be
prepared and submitted for the Planning Board's approval. Basin landscaping
materials that enhance wildlife habitat shall be used to the extent practicable.
10. The following shall apply to lighting:
(a) Street lighting shall be provided only where site-specific safety conditions
warrant.
(b) Where street lighting is required, its location, type, and intensity shall be
subject to the Planning Board's review and recommendation to the Town
Board for approval
11. Whenever a subdivision of land is proposed in a Conservation Zone, the Planning
Board.may require that the non-buildable areas listed above, including wetlands,
slopes 25 percent or greater,and streams/watercourses and setbacks,be shown on the
preliminary and final subdivision plats.
Section 513 - PARK AND RECREATION SET-ASIDES AND FEES IN LIEU
THEREOF. Because of the reduced density in the Conservation Zones, the requirements for
maintaining open space,existing public trails,and the existing and expected additional opportunities
for passive recreational activities in the areas included in the Conservation Zones, it is anticipated
that in Conservation Zones normally there will be no need for mandated parkland reservations or fees
in lieu thereof pursuant to applicable Town Law and Town of Ithaca Subdivision and Zoning
Ordinance Regulations including Section 22 of the Town's Subdivision Regulations and any
successor or related provisions.
Section 514-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Conservation Zone requiring a special permit unless the proposed building or
structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII.
ARTICLE VI: AGRICULTURAL ZONES
Section 600 - PURPOSE. The purpose of the Agricultural Zone is to assure a proper
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economic and physical environment for continued agricultural use of land and other non-extractive
natural resource land uses;to maintain an open rural character to viable agricultural areas;to assure
compatible types and densities of development on lands that are useable for agricultural pursuits;and
to minimize other land uses incompatible with fanning. Persons and entities not engaged in
agricultural pursuits in the Agricultural Zone should be aware that the primary intention of the Zone
is to permit usual acceptable fanning and farming practices which may generate dust,odor, smoke,
noise, and vibration; during growing seasons machinery may be operated at other than daylight
hours; certain generally acceptable fanning operations may involve the use and spraying of
herbicides or pesticides; and acceptable practices in keeping animals may involve odors or noises.
Accordingly,anyperson or entity residing or working in an Agricultural Zone should anticipate these
types of concerns and recognize that such are the by-product of zoning an area in the Town where
agricultural endeavors are encouraged to thrive. To the extent buffer areas may be required, the
intention of such buffers is to reduce the potential for conflicts between fanning and non-fanning
uses. Agricultural Zones are also areas of the Town where it is unlikely public water or sewer will
be made available,so as to reduce the economic pressures for development that often flow from the
introduction of such facilities. Accordingly, persons acquiring property in Agricultural Zones
should not expect such public facilities to be provided.
Section 601 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in an Agricultural Zone:
I Any lawful farm purpose, including usual farm buildings and structures, but
excluding rendering plants.
2. Plant nursery.
3. Equestrian Facility.
4. Kennel, coop, or other facility for the housing or caring for animals, birds, or fish,
whether for hire or otherwise, including an animal shelter,wildlife refuge and fish
farms.
5. Aroadside stand or other structure,not exceeding 500 square feet of enclosed space,
for the display and sale of farm or nursery products related to farming and as a
seasonal convenience to the owner or owners of the land. The majority of the
products sold at such stand shall be, or be derived from, products produced on the
farm on which the roadside stand is located. Any such stand shall be located a
minimum of 30 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.
6. A one-family dwelling to be occupied by no more than
(a) One family, or
(b) One familyplus no more than one boarder,roomer,lodger,or other occupant.
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7. A two-family dwelling provided that
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
8. Publicly owned park or playground including accessory buildings and improvements.
9. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the same set-
back requirements as apply to residences in the district in which the substations or
similar structures are constructed.
10. Day care homes, family day care homes and group family day care homes.
11. Community Residence.
12. Forest management and other forest resource uses,including the harvesting of timber
in conformance with environmentally sound forestry practices.
Section 602-PRINCIPAL USES AUTHORIZED BY SPECIAL,PERMIT ONLY. The
following uses are permitted in an Agricultural Zone,but only upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1. Except as permitted as of right in the preceding section retail sales of machinery,
products, supplies, or produce primarily related to, or derived from, agricultural
operations subject to the following limitations:
(a) Any building devoted to such activity may be no larger than 4,000 square
feet;
(b) No more than six persons may be engaged in or employed by the activity;
(c) No more than three acres, inclusive of building, parking, driveways, well,
septic system and other ancillary facilities, be dedicated to the use;
(d) No outside storage other than temporary day-time only display of products,
unless otherwise authorized by the Planning Board.
In determining whether to grant such authorization,the Planning Loard shall
consider, in addition to other criteria set forth in this Ordinance, that
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(i) The nature of the business generally requires outside storage;
(ii) There is adequate space on the lot for the proposed storage;
(iii) The premises are screened or otherwise buffered so that the outside
storage does not adversely impact the neighboring properties and
property owners;and
(iv) The proposed outside storage will not adversely affect the character
of the surrounding neighborhood.
2. Veterinary offices or hospitals.
3. Church or other places of worship, convent and parish house.
4. Cemetery and the buildings and structures incident thereto.
5. Public library,public museum,public,parochial and private schools,nursery school,
and any institution of higher learning relating to agricultural pursuits.
6. .Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
7. Golf course or driving range with related facilities such as clubhouse,restaurant,and
pro shop.
8. Cross country ski center with related facilities such as lodge,ski shop and restaurant.
9. Commercial composting facility where composting occurs for sale, utilizing more
than four hundred square feet of land in which event the following additional
requirements shall apply:
(a) The lot on which the facility is located shall be at least two acres in size;
(b) The composting facility shall be located at least 100 feet from any roadway
and any lot line, except for lot lines adjacent to Residential Zones, in which
event the set-back from the Residential Zone line shall be increased to 250
feet and shall have a buffer of vegetation or fencing to screen the facility from
the Residential Zone;
(c) The facility shall be operated in a clean and orderly manner so that it does not
create a nuisance to any neighboring property.
10. Hunting preserves, lodges, or clubhouses.
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11. Bed and breakfast.
12. Radio, television, telecommunication, microwave, satellite or other electronic
transmission facility operated pursuant to a license from the Federal Communications
Commission or any successor federal or state agency.
13. Research facilities dedicated to research in agriculture or animal husbandry.
14. Farm retreat.
15. Adult day care facilities serving no more than four clients at any one time.
Section 603-PRINCIPAL USES AUTHORIZED BY SPECIAL APPROVAL ONLY.
The following uses are permitted in an Agricultural Zone,but only upon receipt of a special approval
for same from the Board of Appeals in accordance with the procedures set forth in this Ordinance:
1. Mining,subject to the following requirements in addition to the normal requirements
for a special approval:
(a) No special approval shall be granted until
(i) The Planning Board approves a site plan for the proposed mining
operations; and
(ii) The appropriate New York State authorities(DEC or other regulatory
body)has approved a reclamation plan and the plan and any required
security for the performance of the plan has been provided to the
State of New York.
(b) There shall be a buffer area of at least 100 feet around the perimeter of the
mined area between the mined area and any surrounding property,such buffer
to consist of natural vegetation,plantings,berms, fences, or other screening
as deemed reasonable by the Board of Appeals to minimize the auditory and
visual impacts of the mining operations on surrounding properties.
(c) A fill permit shall be obtained in accordance with the fill permit requirements
of this Ordinance before commencement of any mining operations.
(d) Hours of operation shall be limited to business days (days other than
weekends and holidays) from 8:00 a.m. to 5:00 p.m. local time unless the
applicant, for good cause shown, demonstrates to the Zoning Board of
Appeals that special circumstances exist which compel that the times be
extended.
Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other
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similar types of fill, up to 50 cubic yards of such product may be mined in any one
calendar year without special approval If more than 50 cubic yards but not more
than 250 cubic yards in any one year are being mined, the special approval may be
issued by the Director of Engineering of the Town. In all other cases, the Special
Approval shall be obtained as set forth above.
Section 604 - PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in an Agricultural Zone:
1. Any farm-related structure not otherwise expressly referred to or limited by any
provision in this Ordinance.
2. If the principal use is as a farm, one or more one or two family dwellings, subject to
the occupancy limitations set forth above for one and two family dwellings and
subject to the overall density limitations set forth below in Section 610.
3. If the principal use is as one or two family dwelling or as a farm with dwellings; a
private swimming pool, tennis court, or other similar recreational facility for the
principal private use of the occupants of the dwelling.
4. If the principal use is as a one or two family dwelling, up to three accessory
buildings, all such accessory buildings in the aggregate not to exceed a total of 1500
square feet in size.
5. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article, but subject to provisions of Section
2707.
6. 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 receipt of a special approval from the
Board of Appeals.
7. Signs, as regulated by the Town of Ithaca Sign Law.
8. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number .
is authorized by special approval of the Board of Zoning Appeals,
Section 605-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in an Agricultural
Zone,but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance:
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1. Elder cottages.
2. If the property is not used for agricultural purposes, a second dwelling unit in a
building other than the principal building on the lot, provided that
(a) All of the general criteria set forth elsewhere in this Ordinance for the
issuance of a special approval have been satisfied;
(b) The location of the second dwelling, and the building in which it is located,
does not adversely impact in any significant manner the adjoining neighbors;
(c) The building containing such second dwelling is located at least 40 feet from
any side boundary of the lot,and is not constructed in any required front yard.
(d) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought;
(e) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(f) The second dwelling is located in a building that is accessory to the principal
dwelling;
(g) The building containing the primary dwelling does not contain more than one
dwelling; and
(h) There are no buildings on the lot containing dwellings other than the building
containing the primary dwelling and the building for which special approval
is sought.
3. Home occupation, other than farming or a farm related enterprise for which no
special approval shall be required.
Section 606-HEIGHT LIMITATIONS.
l. Except as may be specifically otherwise authorized in this law,in Agricultural Zones
no non-agricultural building shall exceed thirty-eight(38)feet in height from lowest
interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
non-agricultural structure other than a building shall exceed thirty-six (36) feet in
height. Agricultural structures, such as silos or windmills,whether on a farm parcel
or not, shall be set back a distance at least equal to their height from all property
lines.
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2. Notwithstanding the foregoing,the Planning Board may,by special permit, allow a
tower, other than a telecommunications tower or facility, operated pursuant to a
license issued by the Federal Communications Commission for the transmission or
reception of radio, television,microwave, satellite, or other electrical transmissions
to be up to 80 feet in height from lowest exterior grade upon making the findings set
forth below for special permits generally and in addition finding that
(a) The proposed tower is designed in accordance with generally accepted
engineering standards so that its construction and operation will not pose a
hazard to persons or property on the ground or in the vicinity of the tower;
(b) The topography and location of the proposed site are reasonably adapted for
the proposed use.
(c) The size of the site is adequate in that the tower is located on an unoccupied
parcel having an area of sufficient size that no part of the tower could fall on
neighboring property should the structure collapse; and
(d) The plans for the site (and the vegetation, screens, fencing or other devices
when completed) provide adequate buffering of the site and towers from
adjoining land.
Section 607-YARD REGULATIONS. Except as maybe specifically otherwise authorized
in this law, in Agricultural Zones yards of at least the following dimensions are required:
I 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 nor
need it be greater than 60 feet. A road side stand authorized in Section 601 may be
located in a front yard.
2. Rear Yard- not less than 50 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot,but not less
than 40 feet from any structure to a side property line 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas. For purposes of calculating yards, and notwithstanding the
yard definitions,yards shall be measured in Agricultural Zones to any building(other than a roadside
stand), instead of to the principal building.
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Section 608-BUILDING AREA. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage.
Section 609 - SIZE AND AREA OF LOT. Subject to the density provisions regarding
subdivision of parcels of land set forth below, lots in Agricultural Zones shall meet the following
minimum requirements:
1 Minimum lot area shall be at least two acres,subject to the following conditions and
exceptions:
(a) A non-farm lot subdivided for residential purposes from a parent tract as set
forth below in Section 610 shall have a minimum area of one acre and a
maximum of two acres unless
(i) A larger area is required by the Tompkins County Health Department
to provide on-site water and septic systems, in which event the
permitted maximum area shall be increased to the minimum area
required by the Health Department for such installations; or
(ii) The applicant for approval of a subdivision requests larger lots and
fewer dwellings than would be normally permitted pursuant to
Section 610 below and the Planning Board determines in considering
subdivision approval that the amount of land dedicated to such larger
lots does not exceed the amount of land that would have been
dedicated to residential purposes had the number of dwellings and
sizes of lots been in full compliance with Section 610.
2. Minimum width at the street line shall be 60 feet.
3. Minimum width at the maximum required front yard setback line (60 feet from the
street line) shall be 100 feet.
4. Minimum depth from the street line shall be 200 feet.
Section 610-DENSITY LIMITATIONS AND LIMITATIONS ON SUBDIVISION OF
PARENT TRACTS. In order to protect agricultural uses,to preserve the agricultural value of land,
to provide for the retention of tracts of sufficient size to be used reasonably for agricultural purposes,
and to preserve the open space qualities of the Town,creation of non-farm lots and the subdivision
of farm parcels from parent tracts shall be limited in the Agricultural Zone. Accordingly, and
notwithstanding the minimum lot sizes set forth above,the following additional requirements shall
apply to land within an Agricultural Zone:
1 Any tract or parcel of land in common contiguous ownership at the time of the
adoption of this provision of the Zoning Ordinance, subject to other normally
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applicable subdivision laws and regulations, hereafter may be subdivided into no
more lots than equals the total number of acres of the tract divided by 7 and rounded
down to the nearest whole number. (For example, a tract of twenty acres may be
subdivided into no more than two lots--20 divided by 7 equals 2 6/7 rounded to two.)
Some of the lots, subject to other applicable requirements, may be as small as one
acre but the total number may not exceed the above limitation.
2. Clustering of the lots may be required by the Planning Board as a condition to
granting any subdivision approval. In determining the design of the subdivision the
following criteria should be applied:
(a) Clustered lots should avoid prime agricultural soils, defined as Class I and
Class H by the USDA Natural Resources Conservation Service or similar or
successor agency;
(b) Clustered lots should not interfere with natural drainage patterns; and
(c) To the extent reasonably possible,subdivisions shall be approved in a manner
that maintains the largest amount of contiguous acreage for open space or
agricultural use.(For example,if reasonably possible,a 17 acre parcel would
be divided into one one-acre lot and one 16 acre lot, and a twenty-fo'ur acre
lot would be divided into two one acre lots and one twenty-two acre lot.)
3. The Planning Board, as a condition of granting subdivision approval, shall require,
unless good cause is shown for omission of same, the developer to encumber the
larger tracts (the non-cluster lots)by deed restrictions, conservation or agricultural
easements, or other mechanism satisfactory to the Planning Board, to ensure that
such parcels shall remain permanently as open space or agricultural land. For this
purpose, land shall still be considered open space or agricultural land if used for the
purposes set forth in Section 601,paragraphs 1, 2, 3, 4, 5, 8 (provided the same are
passive recreational areas), 9 and 12.
4. Notwithstanding the density limitations set forth above, any parcel of fifty acres or
larger remaining after subdividing off the clustered lots and which has been
encumbered in the manner set forth in the immediately preceding paragraph,may be
further subdivided into separate ownership provided that all parcels so further
subdivided are at least 25 acres in size,and all such parcels continue to be subject to
the open space and/or agricultural easements.
Section 611 -PARKING. Parking requirements shall be as set forth in Article XXVH.
Section 612 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
1 Screening-In addition to the landscaping,screening,fencing and buffer requirements
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set forth elsewhere in this Ordinance,additional landscaping, fencing, screening,or
earth berm may be required to be provided by the Planning Board in the site plan
review process in any area where the proposed structure or use would, in the
reasonable opinion of the Planning Board, create a hazardous condition or would
detract from the value of neighboring property if such landscaping, fencing,
screening, or berm were not provided.
Section 613-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within an Agricultural Zone requiring a special permit unless the proposed building or
structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII.
Section.614 -RIGHT TO FARM. Notwithstanding any other provisions of law, it being
the intention of this section to supersede to the extent legally possible any prior statutory or court
developed rule of law regarding nuisances or similar types of actions,on any land in an Agricultural
Zone an agricultural practice shall not constitute a private nuisance when an action is brought by a
person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an
opinion issued upon request by the New York State Commissioner of Agriculture and Markets.
Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages
for personal injury or wrongful death,
ARTICLE VII: LAKEFRONT RESIDENTIAL ZONES
Section 700-PURPOSE. The purposes of the Lakefront Residential Zone are to minimize
excessive and undesirable development in fragile lakefront areas,to protect the natural beauty and
ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy,
and to enhance the experience provided to those living near, and those who use, the resource
provided by Cayuga Lake.
Section 701-PERMITTED PRINCIPAL USES. Only the following buildings or uses are
permitted as a matter of right in a Lakefront Residential Zone:
I A one-family dwelling to be occupied by no 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
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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 aTea,it may
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exceed 50%.
3. Publicly owned park or playground including accessory buildings and improvements.
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. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 702-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special
permit for same from.the Planning Board in accordance with the procedures set forth in this
Ordinance:
1. Church or other places of worship, convent and parish house.
2. Public library,public museum, and public schools.
3. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
4. Clubhouse or lodge,provided that no building so used shall be within 100 feet from
any street or within 150 feet of the lot line of any adjoining owner or within 200 feet
of any lakeshore.
5. Bed and breakfast.
Section 703-PERMITTED ACCESSORY STRUCTURES AND USES. The following
accessory structures or uses are permitted as of right in a Lakefront Residential Zone:
1. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article, but subject to provisions of Section
2707 and further subj ect to the requirement that no vehicle parking shall occur within
one hundred feet of any shoreline.
2. Where the principal use is as a one or two family dwelling,private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
the occupants of the dwelling.
3. Up to two accessory storage buildings other than a garage, all such accessory
buildings in the aggregate not to exceed a total of 600 square feet in size.
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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 receipt of a special approval from the
Board of Appeals.
5. Signs, as regulated by the Town of Ithaca Sip Law.
6. Adult day care facilities serving no more than four clients at any one time.
7. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse,etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
Section 704-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Lakefront
Residential Zone,but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
1 Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance.
2. Home occupation.
3. The keeping of domestic animals in accessory buildings, provided that no such
building shall be nearer than 30 feet to any lot line of any adjoining owner or to the
lake shore, and further provided that there shall be no raising of fur-bearing animals,
or kennels for more than 3 dogs over 6 months old.
Section 705-ACCESSORY STRUCTURES AND USES AUTHORIZED BY SPECIAL
PERMIT ONLY. The following accessory structures or uses are permitted in a Lake Front
Residential Zone, but only upon receipt of a special permit for same from the Planning Board in
accordance with the procedures set forth in this Ordinance:
1 Fishing piers,docks,wharves,boat houses,cabanas,sea walls,and similar waterfront
structures and facilities when such uses are clearly accessory or incidental to the
primary, principal use on the property subject to all applicable state and federal
regulations and approvals. All such structures shall require a building permit. All
such structures shall additionally be subject of site plan review in accordance with
the provisions set forth elsewhere in this ordinance.
The following additional requirements shall apply to all such structures and facilities
including those subject to site plan review and those that are not subject to such
review:
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(a) The construction of such structures and facilities shall be undertaken in such
a way so as not to impact water quality,cause harm to fish spawning grounds,
destroy,the natural beauty of the shoreline,reduce the stability of steep slope
areas, cause erosion or sedimentation problems along the shoreline, create
hazards for navigation, interfere with the public use and enjoyment of the
water surface or shoreline, infringe on the riparian rights of other littoral
parcels, or otherwise threaten the public health and safety.
(b) Piers, docks and wharves shall be designed in accordance with good
engineering practice, At the discretion of the Building and Zoning
Enforcement Officer,plans approved by a licensed engineer or architect may
be required before issuance of a building permit,
(c) Such structures and facilities shall onlybe constructed of materials which are
stable,chemically inert and insoluble and which will have no adverse effects
on water quality.
(d) The amount of grading, dredging, earth moving and disturbance of land
above and below water during the construction of such structures and
facilities shall be minimized as much as possible and shall be consistent with
the permit requirements of the New York State Department ofEnviromnental
Conservation and U.S. Army Corps of Engineers regulating such activities.
(e) To permit the free circulation of water,reduce the effects of fluctuating water
levels, and prevent adverse modifications of the shoreline, piers, docks and
wharves shall be of floating construction wherever feasible and shall not be
of rockfilled cribbing, sheet piling, closely spaced piling, or such other
construction technique or materials which would significantly impair water
circulation.
The width of any pier,dock or wharf shall be a minimum of three(3)feet and
shall not exceed eight(8) feet.
(g) The length of any pier, dock or wharf shall extend offshore from the mean
low water line to a distance no greater than thirty (30) feet (or such lesser
distance as may be stipulated in any pen-nit obtained for such construction
from the N.Y.State Department of Conservation or the U.S. Army Corps of
Engineers) for each lot used for single-family residential purposes. Longer
dock lengths may be approved by the Planning Board in accordance with the
provisions of this Ordinance,when necessary to reach adequate water depths
for proposed boat docking, while complying with all other standards
contained in this section.
(h) The maximum surface area of all piers, docks, and wharves permitted on a
waterfront lot that is vacant or used for one or two family residential purposes
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shall not, in the aggregate, exceed three hundred (300) square feet.
(i) The number of piers, docks or wharves permitted on non-residential
properties shall not exceed three(3)such structures per lot. Such docks shall
not exceed a length, or be developed or configured on the site in a manner
that adversely affects existing environmental conditions or natural features,
including views, or negatively impacts navigation or riparian rights of
adjacent littoral parcels. The construction of more than three (3) such
structures per non-residential lot shall be subject to a determination by the
Town Planning Board as part of the permit process, that such additional
structures are needed to accommodate anticipated boat traffic and can be
developed on the site without adversely affecting existing environmental
conditions or natural features, or negatively impact navigation or riparian
rights of adjacent littoral parcels.
Every pier,dock or wharf that is constructed shall have a minimum c1parance
or setback of twenty(20)feet from adjacent property lines,as extended from
the shoreline, to allow adequate vessel access to neighboring waterfront
parcels. In the case of parcels bounding a substantially straight shore line,
docks and piers shall be located in the area fixed by projection of parcel lines
lakeward,at right angles from the shoreline. In the case of parcels bounding
a concave or convex shoreline, docks and piers shall be located in the area
fixed by projection of the parcel lines lakeward along the line bisecting the
angle formed by the shoreline at its intersection with the parcel lines. Where
such projections do not allow access to the line of navigability - that line
marking the minimum depth for navigation-the converging lines shall instead
ran to the line of navigability. The line of navigability shall be divided
among such parcels in proportion to their respective shares of the shoreline
and permit all shoreline parcels practicable access to navigable water.
(k) Piers, docks or wharves that extend one hundred(100)feet or more from the
shore line must be lighted during the hours of darkness in such a manner so
as to not constitute a hazard to navigation.
(1) , Lighting of the surface of any pier, dock or wharf shall be provided in such
a manner so as not to produce any offensive glare when viewed from the
water or the land. The use of low-mast lighting fixtures and deflector shields
to direct the light downward shall be required to reduce or eliminate glare.
(in) Commercial renting, leasing or operation of fishing piers, docks, wharves,
boat launching ramps or similar waterfront structures and facilities shall be
expressly prohibited in Lakefront Residential Districts.
2. Mooring buoys or facilities subject to the following restrictions:
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(a) Mooring buoys shall only be placed in connection with littoral parcels. Such
buoys shall be placed only within an area parallel to and thirty (30) feet
inward of the parcel lines extended lakeward at right angles from the
shoreline, and to a depth necessary for safe mooring of a boat.
(b) Moorings shall be placed so that objects moored to them, at full swing of
their mooring or anchor line, will be no closer than ten (10) feet to the
projection of the adjacent property lines from the shoreline.
(c) The number of private moorings permitted per each waterfront lot shall not
exceed the following:
(i) 100 feet or less of water frontage: A total of one(1) such mooring.
(ii) More than 100 feet up to 250 feet of water frontage:A total of two(2)
such moorings.
(iii) More than 250 up to 500 feet of water frontage: A total of three (3)
such moorings.
(iv) One (1) additional mooring is allowed for each 150 feet of water
frontage in excess of 500 feet.
(d) Nothing in this section is intended to require or permit activities which
contravene any laws,rules, or regulations or permits of the United States or
New York State, or any agency thereof, nor are any of the foregoing
provisions intended to supercede any requirements for the obtaining of any.
permits or approvals required by the United States or New York State,or any
agency thereof.
Section 706-HEIGHT LIMITATIONS.In Lakefront Residential Zones,no building shall
be erected, altered, or extended to exceed thirty-eight (38) feet in height from the lowest interior
grade or thirty-six(3 6)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.
Accessory buildings shall in no case exceed 20 feet in height.
Section 707-YARD REGULATIONS.In Lakefront Residential Zones yards of at least the
following dimensions are required:
1. 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.
2. Rear Yard - not less than 50 feet in depth unless the rear yard is adjacent to the
shoreline, in which event the rear yard shall be not less than 25 feet in depth.
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3. Side Yards - each not less than 20 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings-In Lakefront Residential Zones accessory buildings other than
garages may not occupy any open space other than a rear yard. Accessory buildings,
in the aggregate,may occupy not more than 15 per cent of any required rear yard and,
if other than a garage, shall be not less than 3 feet from any side or rear lot line.
Notwithstanding the foregoing,a private garage that serves dwellings on two separate
lots may be built across a common lot line with a party wall by mutual agreement
between adjoining property owners provided that there is at least one garage bay on
each lot. Any accessory building on a comer lot shall not be less than 5 feet from the
rear lot line. Where the average natural slope of a lot exceeds 8 per cent rise or fall
directly from the street line, either a private garage not over one story in height and
housing not in excess of 2 cars or a small accessory building not exceeding 20 square
feet in floor area and not exceeding 12 feet in height,may be located in the front or
side yard not less than 5 feet from said street line upon receiving a special approval
from the Board of Appeals.
6. Minimum setback from shoreline - Notwithstanding the foregoing, any principal
building,parking area or accessory structure,excluding such facilities as docks,piers,
wharves,boat ramps, and boathouses, shall be located at least twenty-five (25) feet
inland from the shoreline in order to maintain adequate access to the shoreline. The
Planning Board,during site plan review,may establish a minimum setback of greater
than twenty-five (25) feet based on due consideration by the Board of the
preservation and protection of sensitive environmental features,and the maintenance
of the wooded character of the shoreline area, as well as scenic views and vistas.
Section 708-BUILDING AREA. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage.
Section 709-SIZE AND AREA OF LOT. Lots in Lakefront Residential Zones shall meet
the following minimum requirements:
1. Minimum lot area shall be at least fifteen thousand (15,000) square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line (60 feet from the
street line) shall be 100 feet; and
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4. Minimum width at the shoreline,as measured in a straight line that is ninety degrees
from a sideline at its point of intersection with the high water line of the lake to the
other side line, shall be 100 feet; and
5. Minimum depth from the highway right of way shall be 150 feet.
Section 710-SPECIAL PROPERTIES. In the case of publicly owned properties located
in Lakefront Residential Zones,which comprise at least 6 acres in area and are traversed by interior
roads or driveways, the front and side yard requirements set forth above shall apply only along the
exterior public street frontages and there shall be no rear yard requirements. The shoreline setback
requirements shall remain.
Section 711 -PARKING. Parking requirements shall be as set forth in Article XXVII.
Section 712 - SPECIAL REQUIREMENTS. The following additional special
requirements shall apply to Lakefront Residential Zones:
1. Filling, grading, lagooning, dredging, earth-moving activities, and other land use
activities shall be conducted in such manner as to prevent to the maximum extent
possible, erosion and sedimentation of surface waters. On slopes greater than 25%,
there shall be no grading or filling within 100 feet of the shoreline unless
(a) A permit for same is obtained pursuant to the fill permit provisions of this
Ordinance or is issued by the Town of Ithaca Director of Engineering upon
his determination that such grading or filling is necessary to protect the
shoreline and to prevent erosion, or
(b) Such grading and filling is in conjunction with construction pursuant to a
building permit legally issued by the Town of Ithaca Director of Building and
Zoning after the Town of Ithaca Director of Engineering has reviewed the
proposed construction and any required or necessary erosion control measures
and has determined that the conduct of such work will not adversely affect
the shoreline.
2. In addition to the requirements of this Article, any construction, grading, or other
activities shall be conducted only in accordance with any federal,state,or other local
law or requirement pertaining to such activity, including any requirements of the
N.Y. State Department of Conservation and the U.S. Army Corps of Engineers.
ARTICLE VIII: LOW DENSITY RESIDENTIAL ZONES
Section 800-PURPOSE. The purpose of the Low Density Residential Zone is to provide
an area of limited development where it is deemed most desirable in the Town to maintain larger lots
for development and permit the possibility of continued agricultural use of the areas without limiting
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the areas to solely agricultural uses.
Section 801 -PERMITTED PRINCIPAL USES. Only the following buildings or uses are
permitted as a matter of right in a Low Density Residential Zone:
1. A one-family dwelling to be occupied by no 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
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
3. Nursery or farm,except a hog farm. On site retail sales of farm and nursery products
shall be subject to the provisions of Subdivision 8 of Section 803 below. 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.
4. Publicly owned park or playground including accessorybuildings and improvements.
5. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subj ect to the same set-
back requirements as apply to residences in the district in which the substations or
similar structures are constructed.
6. Day care homes, family day care homes and group family day care homes.
7. Community residence.
Section 802-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Low Density Residential Zone,but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
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1. Church or other places of worship, convent and parish house.
2. Cemetery and the buildings and structures incident thereto.
3. Public library,public museum,public,parochial and private schools,daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Golf course, driving range or miniature golf course.
6. Clinic and nursing or convalescent home,provided that no building so used shall be
within 100 feet from any street or within 150 feet of the lot line of any adjoining
owner.
7. Clubhouse or lodge,provided that no building so used shall be within 100 feet from
any street or within 150 feet of the lot line of any adjoining owner.
8. Bed and breakfast.
9. Equestrian facility,provided that adequate provision is made to prevent nuisance to
adjoining residences and provided
(a) The lot size is at least two acres (three acres if public sewers are not
available);
(b) There is a non-occupied and non-used buffer of at least 50 feet around the
perimeter of the lot;
(c) Any building in which farm animals are kept shall be at least 100 feet from
any lot line or street line; and
(d) No manure shall be stored.within 100 feet of any lot line or street line.
Section 803 - PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in a Low Density Residential Zone:
1. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article,but subject to provisions of Section
2707.
2. Where the principal use is as a one or two family dwelling,private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
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the occupants of the dwelling.
3. Up to three accessory buildings other than a garage, all such accessory buildings in
the aggregate not to exceed a total of 600 square feet in size unless the lot is three
acres or larger, in which event the aggregate area of the accessory building may not
exceed 2,000 square feet.
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 receipt of a special approval from the
Board of Appeals.
5. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse,etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
6. The keeping of domestic animals in accessory buildings, provided that no such
building shall be nearer than 30 feet to any lot line of any adjoining owner, and
further provided that there shall be no raising of fur-bearing animals, or kennels for
more than 3 dogs over 6 months old.
7. Signs, as regulated by the Town of Ithaca Sign Law.
8. A roadside stand or other structure,not exceeding 500 square feet of enclosed space,
for the display and sale of farm or nursery products related to farming and as a
seasonal convenience to the owner or owners of the land. The majority of the
products sold at such stand shall be, or be derived from, products produced on the
farm on which the roadside stand is located. Any such stand shall be located a
minimum of 30 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.
9. Adult day care facilities serving no more than four clients at any one time.
Section 804-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Low Density
Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
1 Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance.
2. A second dwelling unit in a building other than the principal building,provided that
(a) All of the general criteria set forth elsewhere in this Ordinance for the
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issuance of a Special Approval have been satisfied;
(b) The location of the second dwelling, and the building in which it is located,
does not adversely impact in any significant manner the adjoining neighbors;
(c) The building containing such second dwelling is located at least 40 feet from
any side boundary of the lot,and is not constructed in any required front yard.
(d) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought; .
(e) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(f) The second dwelling is located in a building that is accessory to the principal
dwelling;
(g) The building containing the primary dwelling does not contain more than one
dwelling; and
(h) There are no elder cottages or other buildings on the lot containing dwellings
other than the building containing the primary dwelling and the building for
which special approval is sought.
3. Home occupation.
Section 805-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
PERMIT ONLY. The following accessory buildings or uses are permitted in a Low Density
Residential Zone, but only upon receipt of a special permit for same from the Planning Board in
accordance with the procedures set forth in this Ordinance:
I Equestrian facility,provided that adequate provision is made to prevent nuisance to
adjoining residences and provided the lot size is at least two acres and there is a non-
occupied and non-used buffer of at least 50 feet around the perimeter of the lot.
Section 806-HEIGHT LIMITATIONS. In Low Density Residential Zones,no building
shall be erected,altered,or extended to exceed thirty-eight(3 8)feet in height from the lowest interior
grade or thirty-six(3 6)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.
Accessory buildings, other than a barn, shall in no case exceed 15 feet in height.
Section 807-YARD REGULATIONS.In Low Density Residential Zones yards of at least
the following dimensions are required:
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1 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.
2. Rear Yard-not less than 50 feet in depth.
3. 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings - In Low Density Residential Zones accessory buildings other
than garages may not occupy any open space other than a rear yard. Accessory
buildings, in the aggregate, may occupy not more than 15 per cent of any required
rear yard and,if other than a garage,shall be not less than 3 feet from any side or rear
lot line. Notwithstanding the foregoing,a private garage that serves dwellings on two
separate lots may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners provided that there is at least one
garage bay on each lot. Any accessory building on a comer lot shall not be less than
5 feet from the rear lot line. 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 receiving a special approval from the Board
of Appeals.
Section 808-BUILDING AREA. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage.
Section 809 - SIZE AND AREA OF LOT. Lots in Low Density Residential Zones shall
meet the following minimum requirements:
1. Minimum lot area shall be at least thirty thousand (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 810 - SPECIAL PROPERTIES. In the case of publicly owned properties,
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properties of universities,colleges,cemeteries,or other private institutions,located in Low Density
Residential Zones, which comprise at least 6 acres in area and are traversed by interior roads or
driveways, the front, side, and rear yard requirements set forth above shall apply only along the
exterior public street frontages and boundaries with adjacent properties.
Section 811 - PARKING. Parking requirements shall be as set forth in Article XXV1l.
ARTICLE IX: MEDIUM DENSITY RESIDENTIAL ZONES
Section 900-PURPOSE. The purpose of the Medium Density Residential Zone is to create
areas that are almost exclusively residential in nature where there is minimal intrusion of
commercial, farming, or other activities that could be detrimental to residential development and
occupancy.
Section 901-PERMITTED PRINCIPAL USES. Only the following buildings or uses are
permitted as a matter of right in a Medium Density Residential Zone:
1 A one-family dwelling to be occupied by no 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
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
3. -Publicly owned park or playground including accessory buildings and improvements.
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. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 902-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Medium Density Residential Zone, but only upon receipt of a
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special permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
I Church or other places of worship, convent and parish house.
2. Cemetery and the buildings and structures incident thereto.
3. Public library,public museum,public,parochial and private schools,daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Golf course, driving range or miniature golf course.
6. Bed and breakfast facilities providing no more than two bedrooms for transients,
unless the size of the lot on which the facility is located is at least 30,000 square feet,
in which event up to four bedrooms may be used for transients.
Section 903 - PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in a Medium Density Residential Zone:
I Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article,but subject to provisions of Section
2707.
2. Where the principal use is as a one or two family dwelling,private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
the occupants of the dwelling.
3. Up to three accessory buildings other than a garage, all such accessory buildings in
the aggregate not to exceed a total of 600 square feet in size unless the lot is three
acres or larger, in which event the aggregate area of the accessory building may not
exceed 2,000 square feet.
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 receipt of a special approval from the
Board of Appeals.
4. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
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6. Signs, as regulated by the Town of Ithaca Sip Law.
7. Adult day care facilities serving no more than four clients at any one time.
Section 904-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Medium Density
Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
I Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance,
2. Home occupation.
3. A second dwelling unit in a building other than the principal building,provided that
(a) All of the general criteria set forth elsewhere in this Ordinance for the
issuance of a Special Approval have been satisfied;
(b) The location of the second dwelling, and the building in which it is located,
does not adversely impact in any significant manner the adjoining neighbors;
(c) The building containing such second dwelling is located at least 15 feet from
any side boundary of the lot,and is not constructed in any required front yard.
(d) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought;
(c) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(f) The second dwelling is located in a building that is accessory to the principal
dwelling;
(g) The building containing the primary dwelling does not contain more than one
dwelling; and
(h) There are no elder cottages or other buildings on the lot containing dwellings
other than the building containing the primary dwelling and the building for
which special approval is sought.
4. The keeping of domestic animals in accessory buildings, provided that
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(a) The lot on which such accessory building is located is at least two acres in
size unless the Zoning Board of Appeals requires a larger lot in order to
prevent adverse effects on the adjacent or surrounding neighbors, in which
event the lot size shall be the minimum reasonably established by such
Board; and
(b) No such accessory building shall be nearer than 30 feet to any lot line of any
adjoining owner; and
(c) There shall be no raising of fur-bearing animals, or kennels for more than 3
dogs over 6 months old.
Section 905 - HEIGHT LIMITATIONS. In Medium Density Residential Zones, 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. Accessory buildings shall in no case exceed 15 feet in height.
Section 906-YARD REGULATIONS,In Medium Density Residential Zones yards of at
least the following dimensions are required:
I 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.
2. Rear Yard -not less than 30 feet in depth.
3. 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings - In Medium Density Residential Zones accessory buildings
other than garages may not occupy any open space other than a rear yard. Accessory
buildings, in the aggregate, may occupy not more than 40 per cent of any required
rear yard and,if other than a garage,shall be not less than 3 feet from any side or rear
lot line. Notwithstanding the foregoing,a private garage that serves dwellings on two
separate lots may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners provided that there is at least one
garage bay on each lot. Any accessory building on a comer lot shall not be less than
5 feet from the rear lot line. Where the average natural slope of a lot exceeds 8 per
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cent rise or fall directly from the street line, a private garage not over one story in
height and housing not in excess oft cars maybe located in the front or side yard not
less than 5 feet from said street line upon receiving a special approval from the Board
of Appeals.
Section 907-BUILDING AREA. The maximum building area shall not exceed twenty
percent of the lot area.Projections described in Section 2704 are not to be included in computing the
percentage.
Section 908 - SIZE AND AREA OF LOT. Lots in Medium Density Residential Zones
shall meet the following minimum requirements:
1 Minimum lot area shall be at least fifteen thousand(15,000) square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line(50 feet from the
street line) shall be 100 feet; and
4. Minimum depth from the highway right of way shall be 150 feet.
Section 909 - SPECIAL PROPERTIES. In the case of publicly owned properties,
properties of universities, colleges, cemeteries, or other private institutions, located in Medium
Density Residential Zones,which comprise at least 6 acres in area and are traversed by interior roads
or driveways, the front, side, and rear yard requirements set forth above shall apply only along the
exterior public street frontages and boundaries with adjacent properties.
Section 910-PARKING. Parking requirements shall be as set forth in Article XXV111.
ARTICLE X: HIGH DENSITY RESIDENTIAL ZONES
Section 1000-PURPOSE. The purpose of the High Density Residential Zone is to maintain
the residential character of certain areas of the Town,to provide a buffer or transition from the less
dense residential areas of the Town to areas where multiple residences or commercial activities may
be permitted, to provide for more affordable housing, and to encourage more intense development
where there is infrastructure already in place to support such development.
Section 1001 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted as a matter of right in a High Density Residential Zone:
1 A one-family dwelling to be occupied by no more than
(a) One family, or
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(b) One family plus no more than one boarder,roomer,lodger,or other occupant.
2. A two-family dwelling provided that
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
3. Publicly owned park or playground including accessory buildings and improvements.
4. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subj ect to the same set-
back requirements as apply to residences in the district in which the substations or
similar structures are constructed.
5. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 1002-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a High Density Residential Zone,but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
1. Church or other places of worship, convent and parish house.
2. Cemetery and the buildings and structures incident thereto.
3. Public library,public museum,public,parochial and private schools,daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Golf course, driving range or miniature golf course.
6. Clinic and nursing or convalescent home,provided that no building so used shall be
within 100 feet from any street or within 150 feet of the lot line of any adjoining
owner.
7. Clubhouse or lodge,provided that no building so used shall be within 100 feet from
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any street or within 150 feet of the lot line of any adjoining owner.
8. Bed and breakfast facilities providing no more than two bedrooms for transients,
unless the size of the lot on which the facility is located is at least 30,000 square feet,
in which event up to four bedrooms may be used for transients.
9. Adult care facility.
10. Child day care center.
Section 1003 -PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in a High Density Residential Zone: .
1. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article, but subject to provisions of Section
2707 of this Ordinance.
2. Where the principal use is as a one or two family dwelling,private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
the occupants of the dwelling.
3. Up to three accessory buildings other than a garage, all such accessory buildings in
the aggregate not to exceed a total of 600 square feet in size unless the lot is three
acres or larger, in which event the aggregate area of the accessory building may not
exceed 2,000 square feet.
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 receipt of a special approval from the
Board of Appeals.
5. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
6. Signs, as regulated by the Town of Ithaca Sign Law.
Section 1004-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a High Density
Residential Zone,but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
1. Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance.
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2. Home occupation.
Section 1005-HEIGHT LIMITATIONS.In High Density Residential Zones,no building
shall be erected,altered,or extended to exceed thirty-eight(3 8)feet in height from the lowest interior
grade or thirty-six(3 6)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.
Accessory buildings shall in no case exceed 15 feet in height.
Section 1006 - YARD REGULATIONS. In High Density Residential Zones yards of at
least the following dimensions are required:
1. 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.
2. Rear Yard-not less than 30 feet in depth.
3. Side Yards - each not less than 10 feet in width, except that in one of the side yards
a one-story garage, either attached to the principal building or separate therefrom,
may be 7 feet from a side line which is not a street line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings -In High Density Residential Zones accessory buildings other
than garages may not occupy any open space other than a rear yard. Accessory
buildings, in the aggregate, may occupy not more than 40 per cent of any required
rear yard and,if other than a garage, shall be not less than 3 feet from any side or rear
lot line. Notwithstanding the foregoing,a private garage that serves dwellings on two
separate lots may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners provided that there is at least one
garage bay on each lot. Any accessory building on a comer lot shall not be less than
5 feet from the rear lot line. 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 maybe located in the front or side yard not
less than 5 feet from said street line upon receiving a special approval from the Board
of Appeals.
Section 1007-BUILDING AREA. The maximum building area shall not exceed twenty-
five percent of the lot area. Projections described in Section 2704 are not to be included in
computing the percentage.
Section 1008-SIZE AND AREA OF LOT. Lots in High Density Residential Zones shall
meet the following minimum requirements:
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1. Minimum lot area shall be at least nine thousand(9,000) square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line(50 feet from the
street line) shall be 75 feet; and
4. Minimum depth from the highway right of way shall be 120 feet.
Section 1009 - SPECIAL PROPERTIES. In the case of publicly owned properties,
properties of universities,colleges,cemeteries,or other private institutions,located in High Density
Residential Zones, which comprise at least 6 acres in area and are traversed by interior roads or
driveways, the front, side, and rear yard requirements set forth above shall apply only along the
exterior public street frontages and boundaries with adjacent properties.
Section 1010-PARKING, Parking requirements shall be as set forth in Article XXVH.
ARTICLE XI: MOBILE HOME PARK ZONES
Section 1100- PURPOSE. The purpose of the Mobile Home Park Zone is to provide an
area in which concentrated development utilizing mobile homes may occur to encourage alternative
and less costly housing accommodations in the Town.
Section 1101 -MINIMUM AREA. A minimum tract of at least five acres is required for
a Mobile Home Park.
Section 1102 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted as a matter of right in a Mobile Home Park Zone:
1. Mobile homes, each to be occupied by not more than
(a) one family, or
(b) one family plus no more than two boarders,roomers,lodgers,or other
occupants.
2. Not more than one one-family dwelling (other than a mobile home) to be occupied
by no more than one family.
3. Publicly owned park or playground including accessory buildings and improvements.
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 zone in which the substations or
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similar structures are constructed.
5. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 1103-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Mobile Home Park Zone,but only upon receipt of a special permit
for same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1. Child day care center
Section 1104- PERMITTED ACCESSORY USES. The following accessory buildings
or uses are permitted as of right in a Mobile Home Park Zone:
I Automobile parking and garages,subject to the further requirements of this Article.
2. Structures and open land for recreation, intended for use by the residents of the
Mobile Home Park.
3. Such areas and structures as may be necessary for housekeeping activities, such as
a common laundry or garden plots. The use of any such area or structure may be
limited to residents of the Mobile Home Park.
4. Storage buildings for storage of belongings of the residents of the Mobile Home
Park.
5. Maintenance buildings, storage buildings, and one central office building, all of
which must be utilized solely in connection with the operation of the Mobile Home
Park.
6. Community building for use by the residents of the Mobile Home Park and their
guests.
7. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
Section 1105-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Mobile Home
Park Zone, but only upon receipt of a special approval for same from the Board of Appeals in
accordance with the procedures set forth in this Ordinance:
I Home occupation.
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Section 1106 - HEIGHT LIMITATIONS. In Mobile Home Park Zones the following
height restrictions shall apply:
1. No mobile home or one-family dwelling shall be erected, altered, or extended to
exceed thirty-eight(3 8)feet in height from the lowest interior grade or thirty-six(36)
feet in height from the lowest exterior grade,whichever is lower.
2. No other building shall be erected, altered,or extended to exceed fifteen(15)feet in
height from the lowest exterior grade.
3. No structure other than a building shall be erected, altered, or extended to exceed
thirty(30) feet in height from the lowest exterior grade.
Section 1107-YARD REGULATIONS. In Mobile Home Park Zones the following yard
regulations shall apply:
1 Mobile homes shall have the following minimum yard sizes:
(a) Front Yard - if on a public road, not less twenty feet in depth from the
highway right of way line; if on an interior private road at least twenty feet
in depth from the edge of such road if paved, and if not paved, at least
twenty-five feet from the edge of the traveled way.
(b) Rear Yard-not less than ten feet in depth.
(c) Side Yards - each not less than ten feet in width.
2. A one-family dwelling and accessory buildings related to the one-family dwelling,
shall be subject to the minimum yard sizes set forth in the High Density Residential
Zone unless adjacent to a mobile home, in which event the size of the yard adjacent
to the mobile home shall be reduced to the minimum yard size required for a mobile
home above.
3. In Mobile Home Park Zones accessory buildings may occupyany open space beyond
the minimum yards set forth above.
4. Notwithstanding the foregoing, any special yard requirements for specific uses or
buildings set forth elsewhere in this Ordinance shall, if more restrictive, supersede
the above yard provisions.
Section 1108 - BUILDING AREA. The maximum building area shall not exceed forty
percent of the gross area of the mobile home park. Projections described in Section 2704 are not to
be included in computing the percentage.
Section 1109-LOT AREA. Each mobile home lot shall have a minimum lot area of 5,000
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square feet. The arrangement of lots in the park shall facilitate the efficient development of land and
permit the convenient access of emergency vehicles.
Section 1110-SPECIAL REQUIREMENTS. Mobile home parks shall be subject to the
following special requirements:
1 Stand Location: The location of the mobile home stand on each lot shall be
identified on the site plan.
2, Anchors: The mobile home stand shall be provided with anchors and other fixtures
capable of securing and stabilizing the mobile home. These anchors shall be placed
at least at each comer of the mobile home stand.
3. Skirting: Each mobile home owner, within thirty (30) days after the arrival of the
mobile home in the park, shall be required to enclose the bottom space between the
edge of the mobile home and the mobile home stand with a skirt of metal, wood or
other suitable material. This skirt shall be properly ventilated and securely attached
to the mobile home.
4. Parking: Parking requirements shall be as set forth in Article XXV11.
5. Buffer Yards: A buffer yard at least 50 feet wide shall be provided around the
perimeter of the mobile home park. No structures are permitted in the buffer yard
and the Planning Board may require that suitable landscaping be provided in order
to effectively screen the mobile home park from adjacent properties. Parking spaces
are not permitted in the buffer yards.
6. Access Drives and Walkways: Access drives shall be paved with blacktop,concrete,
or other solid material. Driveways and walkways shall provide safe access, egress,
and traffic circulation within the site. The placement, size, and arrangement of
access to public ways shall be subject to the approval of the appropriate highway
authority. Where the density of population or school bus routes make it necessary,
sidewalks and bus shelters may be required.
7. Open Space and Recreation Areas: The mobile home park owner shall provide
recreation areas on the premises, including but not limited to I play areas. The
Planning Board shall review and approve all such areas. Ten percent (10%) of the
gross lot area of the mobile home park, exclusive of the area reserved for buffer
yards, shall be permanently maintained as open space.
8. Storage Space: The mobile home park owner shall provide storage space in
convenient locations for each mobile home lot. This storage space shall be contained
in an enclosed and secure structure. Several storage structures may be located in a
common building. The minimum dimensions of storage space per lot shall be eight
feet high, eight feet deep, and four feet wide.
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9. Screening of Waste and Refuse: One or more common areas shall be provided for
the disposal of waste,refuse and recyclables. These areas shall contain secure bins
of a suitable size. These areas shall be screened from public view by shrubbery or
a fence.
10. Signs. A single sign for the mobile home park is permitted. The size and other
characteristics shall be regulated by the Town of Ithaca Sign Law.
11. Operating Permits. An operating permit shall be required far all mobile home parks.
This permit shall be renewable annually. The Building Inspector shall make periodic
inspections of the mobile home park to determine whether such park is in compliance
with the terms and conditions of the permit,the Zoning Ordinance and the site plan
approval. The fee for the operating permit shall be in accordance with the following
schedule based on the number of mobile homes then located in the mobile home
park:
I -4 units $25.00
5 - 9 units $50.00
10 - 24 units $100.00
25 - 49 units $200.00
50 - 100 units $400.00
over 100 units (No. of Units) times ($4.00)
12. Building Permits. Notwithstanding any other provision of this Ordinance of the
Building Code, a building permit shall be required for each mobile home and/or
structure to be sited or constructed.
Section 1111 - SITE PLAN APPROVALS. No building permit shall be issued for a
structure in a Mobile home Park Zone unless the proposed structure is in accordance with a site plan
approved by the Planning Board and,if required,by the Tompkins County Health Department. No
subdivision of a mobile home park site plan is permitted without approval of the Town Board,
following Planning Board review. No alteration, amendment or change in a mobile home park site
plan is permitted without approval of the Planning Board.
ARTICLE XII: MULTIPLE RESIDENCE ZONES
10ed on 1200-PURPOSE. The purpose ofthe Mul i le Residence Zone is+ permit,-,where
k3 LI V A _&%_& 01 - - I L.Lpl LO L
appropriate, the construction and development of multiple-family residences in the Town. At the
same time, the Town does not desire the large-scale development of these units to the extent that
large areas of the Town would be devoted to such use and single-family residences would be
incompatible. Accordingly, additional areas may be zoned as a Multiple Residence Zone upon
application for a specific proposal in accordance with the normal rezoning procedures. Generally,
such re-zoning will be permitted only in areas where public water and sanitary facilities are available,
where public transportation may be readily available, and where other resources and facilities that
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complement multiple residence occupancy are found. In reaching its decision on whether to rezone
to a Multiple Residence Zone, the Town Board shall consider the general criteria set forth in this
Ordinance, the most current comprehensive or master plan for the town, and this statement of
purpose.
Section 1201 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Multiple Residence Zone:
I One-family dwellings, two-family dwellings and multiple- family dwellings. Each
dwelling unit in an multiple residence zone 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.
2. Day care homes, family day care homes and group family day care homes.
Section 1202 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in a Multiple Residence Zone:
I Automobile parking and garages, subject to the further requirements of this article.
2. Structures or use of open land for recreation, intended for residents of the Multiple
Residence Zone, including swimming pools, tennis courts, and other similar
recreational facilities.
3. Such uses as may be necessary for housekeeping activities, such as drying yards or
structures in which laundry facilities are maintained but any such use must be limited
to residents of multiple dwellings.
4. Storage buildings for storage ofbelongings of the residents ofthe Multiple Residence
Zone.
5. Maintenance buildings and one central office building, all of which must be utilized
solely in connection with the operation of multiple-family dwellings in the Multiple
Residence Zone.
6. Community building for use by the residents of multiple-family dwellings in the
Multiple Residence Zone and their guests.
7. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
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Section 1203-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Multiple Residence Zone,but only upon receipt of a special permit
for same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1 Bed and Breakfast.
2. Adult care facility.
3. Child day care center.
Section 1204-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Multiple
Residence Zone,but only upon receipt of a special approval for same from the Board of Appeals in
accordance with the procedures set forth in this Ordinance:
1 Home occupation.
Section 1205-MINIMUM AREA FOR MULTIPLE RESIDENCE ZONE. A minimum
tract of two(2)acres is required for the development of a Multiple Residence Zone. Such tract shall
contain a minimum of 3500 square feet of gross lot area for each dwelling unit to be constructed.
Section 1206-HEIGHT LIMITATIONS. In Multiple Residence Zones,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.
Section 1207 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Multiple Residence Zones yards of at least the following dimensions are
required:
I Front Yard-not less than 50 feet in depth.
2. Rear Yard-not less than 50 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot,but not less
than 50 feet from any structure to a side property line.
r� I �1_
4. �_ollrtS - shall be co=pletely open on one side,wIL11 a width not less tharfi theheight
of the tallest opposite structure and a depth not more than one and one-half the
width.
5. Spaces Between Buildings-the distance between any two structures shall be no less
than twenty feet.
The foregoing requirements may include any required buffer areas and shall not be in
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addition to any required buffer areas.
Section 1208 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1204 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent of the lot area. For this purpose 'useable open space'shall mean
that portion of the lot area not covered by any structure (as defined in Article 1) or driveway, and
generally intended to be occupied by suitable vegetation or landscaping.
Section 1210-SIZE AND AREA OF LOT.Lots in Multiple Residence Zones shall meet
the following minimum requirements:
1. Minimum lot area shall be at least thirtythousand(30,000)square feet ifpublic sewer
facilities are available, otherwise the minimum lot area shall be at least two acres;
and
2. Minimum width at the street line shall be 100 feet; and
3. Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 150 feet; and
4. Minimum depth from the street line shall be 200 feet.
Section 1211 -PARKING. Parking requirements shall be as set forth in Article XXVH.
Section 1212 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
1. 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 streets shall be subject to the approval of the appropriate highway authority.
Where density of population, traffic, bus routes, or other safety issues make it
desirable, the developer or applicant for rezoning shall install sidewalks with the
approval of the appropriate highway authority.
2. Recreation - The developer or applicant shall provide recreation areas for children
on the premises, such playgrounds, parks, or other recreational facilities, in such
amount as may be necessary to protect the health, safety and general welfare of the
children and residents in the district.
3. Screening of Waste and Refuse - No waste or refuse shall be placed outside any
building in a Multiple Residence Zone except that an area common to all buildings,
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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. Such area and receptacles shall not be located in the buffer
area set forth above. No refuse shall be burned on the premises.
4. Buffer Areas - No structure shall be placed nearer to any other residence zone,
agricultural zone, commercial zone or industrial zone than double the maximum
distance of the side yard requirement of the adjoining zone (e.g. if the Multiple
Residence Zone adjoins a Low Density Residence Zone, and if the maximum side
yard requirement in such Low Density Zone is 40 feet (excluding the 15 foot side
yard applicable to garages, as such 15 foot distance is not the maximum side yard
requirement),no structure in the Multiple Residence Zone shall be closer than 80 feet
to such Low Density Zone). A strip at least ten feet wide within such buffer area
shall be suitably planted to screen a Multiple Residence Zone from other present or
future residences outside the Zone,or a suitable screening fence shall be erected. The
Planning Board, in reviewing the site plan, may alter or waive the vegetative
requirement along the public street side.
5. Additional Screening-In addition to the landscaping, screening, fencing and buffer
requirements set forth above,the Planning Board in the site plan review process may
require additional landscaping, fencing, screening, or earth berm to be provided in
any area where the proposed structure or use would, in the opinion of the Planning
Board, create a hazardous condition or would detract from the value of neighboring
property if such additional landscaping, fencing, screening, or berm were not
provided.
Section 1213-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Multiple Residence Zone unless the proposed building is in accordance with
a site plan approved pursuant to the provisions of Article XXIJI. In addition to the site plan
requirements set forth such provisions, the site plan shall be subject to the following additional
requirements as authorized by Town Law Section 274-a:
1. Such site plan shall show, when required by the Planning Board a park or parks
suitably located for playground or other recreational purposes.
2. 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 It-he,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.
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3. 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.
4. 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 maybe 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.
5. 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 maybe determined,the
amounts payable pursuant to this section shall be as set forth in, or determined by,
such local law.
ARTICLE XIII: COMMERCIAL ZONES GENERALLY
Section 1300 - PURPOSE. The purpose of the establishing Commercial Zones and the
following regulations is to establish certain areas where retail businesses and other commercial uses
of land will be encouraged and to establish standards by which development in these areas shall
occur.
Section 1301 - PERMITTED ACCESSORY USES. Permitted Accessory Uses in all
Commercial Zones shall be the following:
I Automobile parking and off-street loading areas,subject to the further requirements
of this Ordinance.
2. Accessory storage buildings,but not to include outside storage.
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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. Child day care centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
Section 1302 -MINIMUM AREA FOR COMMERCIAL ZONE. A minimum tract of
two (2) acres is required for the development of a Commercial Zone except for a Neighborhood
Commercial Zone for which the minimum tract required is one (1) acre and except for a Vehicle
Fueling and Repair Zone for which the minium tract required is 30,000 square feet.
Section 1303 HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law,in Commercial Zones no building shall exceed thirty-eight(3 8)feet in height
from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
structure other than a building shall exceed thirty(30) feet in height.
Section 1304 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law,in Commercial Zones yards of at least the following dimensions are required:
1. Front Yard- not less than 50 feet in depth.
2. Rear Yard-not less than 30 feet in depth.
3. 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
Section 1305 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1306 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent 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.
Section 1307 - SIZE AND AREA OF LOT. Lots in Commercial Zones shall meet the
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following minimum requirements:
1. Minimum lot area shall be at least thirty thousand(30,000)square feet ifpublic sewer
facilities are available, otherwise the minimum lot area shall be at least two acres;
and
2. Minimum width at the street line shall be 100 feet;and
3. Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 150 feet; and
4. Minimum depth from the street line shall be 200 feet.
Section 1308-PARKING. Parking requirements shall be as set forth in Article XXVU.
`Section 1309 - ADDITIONAL SPECIAL REQUIREMMENTS. Additional special
requirements include the following:
1. Off-street Loadinu- At least one off-street loading space shall be required for each
20,000 square feet of floor area, including basement.
2. 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. Unless waived by the Town Board
or Planning Board for good cause shown, sidewalks shall be installed by the
developer of any commercial zone (except Lake Front Commercial Zones)
simultaneously with construction of any commercial buildings on any site.
3. Buffer Areas and Screeninu-No structure shall be placed closer than fifty feet to any
residence zone and thirty feet to any other zone. A strip at least ten feet wide within
such buffer area shall be suitably planted to screen a Commercial Zone 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 Commercial Zone except that an area
common to all businesses,or a separate area for each business may 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.
4. Additional Screening-In addition to the landscaping, screening, fencing and buffer
requirements set forth above, additional landscaping, fencing, screening, or earth
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berm maybe required to be provided by the Planning Board in the site review process
in any area where the proposed structure or use would, in the reasonable opinion of
the Planning Board,create a hazardous condition or would detract from the value of
neighboring property if such landscaping, fencing, screening, or berm were not
provided.
5. Supplemental Limitations -In the event that any of the uses permitted in any of the
Commercial Zones involve auxiliary, small-scale assembly, repair, processing,
fabrication, or cooking, 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 no objectionable noise, smoke, odor, vibration or disorder created
thereby shall be experienced beyond the lot lines of said businesses.
6. Displays-In all Commercial Zones except Gasoline and Repair Commercial Zones,
no outside displays shall be permitted unless otherwise specifically authorized by this
Ordinance.
Section 1310-DRIVE-THROUGH OPERATIONS. The inclusion in any zone of a use,
such as a restaurant, bank, or pharmacy, that can be operated without a drive-up or drive-through
facility, does not permit a drive-up or drive-through facility associated with such use unless the
provisions applicable to such zone specifically state otherwise.
Section 1311-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Commercial Zone unless the proposed building is in accordance with a site plan
approved pursuant to the provisions of Article XXM of this Ordinance.
ARTICLE XIV: NEIGHBORHOOD COMMERCIAL ZONES
Section 1400 - PURPOSE. The purpose of the Neighborhood Commercial Zone is to
provide areas or centers for shopping and service-oriented uses that are easily accessible to the
neighborhoods which they serve, which are not intended to draw customers from considerable
distances, or which have low-volume traffic and no significant impacts so as to be minimally
intrusive upon residential neighborhoods. These zones shall be located so as to be generally
distributed throughout the Town in proportion to the population and shall be limited both in size and
in proximity to one another.
Section 1401 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Neighborhood Commercial Zone:
I The following retail uses provided that the interior floor area is 5,000 square feet or
less:
(a) Retail food store/grocery
(b) Retail sales of candy, ice cream, gifts, flowers and similar small items
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(c) Retail store (other than a retail store expressly referred to elsewhere in this
Ordinance)where goods are sold from inside the store and rental of goods is
not a significant portion of the revenues
(d) Arts and crafts gallery/studio
(e) Photography store/studio
(f) Drugstore/pharmacy
(g) Florist
(h) Bicycle sales/repairs which may include outside displays
(i) Bakery
0) Plant nursery which may include outside displays
(k) Hardware store
(1) Painting and decorating boutique
(in) Bookstore or newsstand
2. The following personal service retail uses provided that the interior floor area is
5,000 square feet or less:
(a) Bank or other financial institution
(b) Laundromat, dry cleaning(self service or pickup)
(c) Barber shop or beauty parlor
(d) Milliner/dressmaker/tailor
(e) Shoe maker/repair
(f) Restaurant or coffee shop
(g) Caterer
(h) Photocopying/related printing
(i) Optician
0) Decorator
3. Business, professional, administrative, or governmental office, but excluding a
medical or dental clinic.
4. Fire station and emergency medical services
5. The following uses provided that the area on which construction occurs on the land
is 5,000 square feet or less, (excluding underground utilities)
(a) 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 other buildings in the district
in which the substations or similar structures are constructed.
Section 1402-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Neighborhood Commercial Zone,but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
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1. Any of the uses, except caterer, set forth above as being permitted as of right where
the interior floor area for such use exceeds 5,000 square feet.
2. The following uses where the construction on the lot exceeds 5,000 square feet of
land area but does not exceed 10,000 square feet of land area(excluding underground
utilities):
(a) 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 other buildings in the district
in which the substations or similar structures are constructed.
3. Bank or other financial institution with a drive-through with a maximum of two
drive-through lanes served by tellers or automatic teller machines.
4. Furniture and appliance sales and service.
5. Packaging/mailing service.
6. Hotel or motel provided the facility fronts on a state highway.
7. Child day care center and elder care center.
8. Club house, lodge, community center.
9. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Neighborhood Commercial Zone if it were not in a mixed
use facility.
10. Health or fitness center.
11. Any other lawful use, not otherwise specifically referred to in this Ordinance, that
both the Planning Board and the Zoning Board of Appeals find is substantially
similar to a use permitted as of right in the Neighborhood Commercial Zone and does
not have greater adverse effects upon traffic,noise, air quality,parking,or any other
attribute reasonably relevant, than a use permitted as of right.
Section 1403-MAXIMUM BUILDING SIZE. No building in a Neighborhood Commercial Zone
shall exceed 7,500 square feet in size (inclusive of all floors except a basement used solely for
storage) unless the Planning Board, by special permit, authorizes the size to be increased up to
10,000 square feet. In no event shall a building exceed 10,000 square feet in size (inclusive of all
floors except a basement used solely for storage).
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ARTICLE XV: OFFICE PARK COMMERCIAL ZONES
Section 1500-PURPOSE. The purpose of the Office Park Commercial Zone is to provide
areas in the Town where office parks involving business offices but not retail sales nor industrial
products might be located in a manner that is not totally inconsistent with residential areas but which
may serve as transition zones from lower density residential to higher intensity residential and
commercial uses and may involve traffic and other impacts that would begin to degrade the
residential environment.
Section 1501 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in an Office Park Commercial Zone:
I Bank or other financial institution with or without a drive-through facility,provided
any drive-through facility shall be limited to no more than two drive-through lanes.
2. Business, administrative or professional offices.
3. Medical and dental clinics not involving any overnight occupancy.
4. Optician and related facilities.
5. Municipal or other governmental offices.
'Section 1502-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Office Park Commercial Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
I Any municipal or public utility purpose necessary to the maintenance of utility
services involving construction on more than 10,000 square feet of land.
2. Fire station or other public building necessary to the protection of or servicing of a
neighborhood.
3. Arts and crafts gallery or studio.
4. Restaurant.
5. Packaging/mailing service.
6. Research and development facility which contains laboratories or other areas that are
not offices.
7. Club house, lodge, community center.
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8. Hospital,medical or dental clinic that involves overnight occupancy.
Section 1503 - ADDITIONAL PERMITTED ACCESSORY USES. In addition to
accessory uses authorized in all Commercial Zones, the following accessory uses are permitted in
a Office Park Commercial Zone:
1. Cafeteria or lunchroom.
2. Retail sales of candy, ice cream,baked goods, flowers, and other small items.
3. Child or elder day care center.
4. Health or fitness center.
ARTICLE XVI: COMMUNITY COMMERCIAL ZONES
Section 1600-PURPOSE. The purpose of the Community Commercial Zone is to provide
areas in the Town for a broader range of economic activities which include activities that may draw
clientele from all areas in the Town and from outside the Town. It is the intention to locate such
areas where there is minimal impact on established residential neighborhoods,where the necessary
infrastructure is available,and where transportation facilities can be provided. The uses in this Zone
will typically involve more traffic and related noises than in the Neighborhood and Office Park
Commercial Zones.
Section 1601 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Community Commercial Zone:
1. Any of the uses permitted in a Neighborhood Commercial Zone or the Office Park
Commercial Zone that do not require a special permit or approval other than for the
size of the facility. Such uses are permitted as of right if the interior floor area is not
more than 10,000 square feet.
2. Any of the following uses provided that the interior floor area is 10,000 square feet
or less:
(a) Bank or other financial institution with drive-through with a maximum of two
drive-through lanes served by tellers or automatic teller machines.
(b) Building supply which may include outside displays.
(c) Drug store with a drive-through with no more than one driving lane passing
through the drive-through window area.
(d) Electrical shop.
(e) Furniture and appliance sales and service.
(f) Glass shop.
(g) Greenhouse which may include outside displays.
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(h) Heating shop.
(i) Monument works which may include outside displays,
0) Optician.
(k) Package liquor store.
(1) Pet shop,provided such shop does not have any outside pens or runs.
(in) Plumbing shop.
(n) Printer.
(o) Video store.
(p) Packaging/mailing service.
3. Hotel or motel of 30 sleeping rooms or less.
Section 1602-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Community Commercial Zone,but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance and provided the interior floor area for each store (or if the use is other than as a store,
the space occupied by each entity) is no greater than 25,000 square feet unless limited below to a
lesser amount:
1. Any of the uses permitted in Neighborhood Commercial Zone or Office Park
Commercial Zone upon receipt of a special permit.
2. Any of the uses set forth in Sections 1401, 1402, 1501 and 1601 above where the
interior floor area for such use exceeds the maximum permitted allowable in said
sections, usually 10,000 square feet.
3. Public library.
4. 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.
5. Restaurant or other place for the serving of food, with or without a drive-through
facility provided,however,that no new restaurant with a drive-through facility shall
be permitted within 1500 feet of the property boundary line of an existing restaurant
with a drive-through facility.If alcoholic beverages are served,the place of business
shall be located at least 200 feet from a school or church and at least 150 feet from
any residence zone. NobvithI standingany other provision of this Ordinance-,no such
facility with a drive-through shall exceed 10,000 square feet of interior space.
6. Bar or tavern,provided the place of business is located at least 200 feet from a school
or church and at least 150 feet from any residence zone.
7. Bank or other financial institution with drive-through with not more than three drive-
through lanes served by tellers or automatic teller machines.
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8. Drug store or pharmacy with a drive-through with not more than three driving lanes
passing through the drive-through window(s) area.
9. 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.
10. Undertaker.
11. Hotel or motel with more than 30 sleeping rooms.
12. Public parking garage or lot such as a Park-n-ride parking lot.
13. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Community Commercial Zone if it were not in a mixed use
facility.
14 Veterinary office or clinic. No veterinary office or clinic shall exceed 10,000 square
feet of interior space.
15. Medical and dental clinics not involving any overnight occupancy.
16. Upholsterer.
17. Car wash,including a car wash drive-through facility,provided the foot-print of the
car wash building does not exceed 10,000 square feet.
18. Any other lawful use,not otherwise specifically referred to in this Ordinance, that
both the Planning Board and the Zoning Board of Appeals find is substantially
similar to a use permitted as of right in the Community Commercial Zone and does
not have greater adverse effects upon traffic,noise, air quality,parking,or any other
attribute reasonably relevant, than a use permitted as of right.
ARTICLE XVII: VEHICLE FUELING AND REPAIR COMMERCIAL ZONES
Section 1700 - PURPOSE. The purpose of the Vehicle Fueling and Repair Commercial
Zone is to provide areas where retail sales of automotive gasoline and related products might occur
as well as+,.-I sale and repair of automobiles,all in an environment that minimizes the impact of such
activities on residential and Neighborhood Commercial Zones.
Section 1701 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Vehicle Fueling and Repair Commercial Zone:
I Vehicle fuel sales station and vehicle repair garage provided that all servicing of
vehicles shall take place on private property, and that no repair work, except short-
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term emergency repairs, be carried on out-of-doors.
2. Car wash, including a car wash that is a drive-through facility.
Section 1702-PRINCIPAL USE AUTHORIZED BY SPECIAL PERMIT ONLY. The
following use is permitted in a Vehicle Fueling and Repair Commercial Zone,but only upon receipt
of a special permit for same from the Planning Board in accordance with the procedures set forth in
this Ordinance:
I Convenience store with gasoline sales.
2. Public parking garage or parking lot.
3. 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 other buildings in the district in which the
substations or similar structures are constructed.
ARTICLE XVIII: LAKEFRONT COMMERCIAL ZONES
Section 1800- PURPOSE. The purpose of the Lakefront Commercial Zone is to provide
areas in the Town for coherent development of commercial facilities that are uniquely related to the
shore front of Cayuga Lake and are not inherently incompatible with adjacent residential zones.
Section 1801 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Lakefront Commercial Zone:
I. Boat Harbor and Marina.
Section 1802-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Lakefront Commercial Zone upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1 Restaurant or other place for the serving of food. If alcoholic beverages are served,
the place of business shall be located at least 200 feet from a school or church or 150
feet from a residence district.
2. rlTT or motel,provided that the principal builIding is set back at 100 feet ftoin Hotel
the shoreline.
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.
4. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Lakefront Commercial Zone if it were not in a mixed use
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facility and provided that any residential component of any building is set back at
least 100 feet from the shoreline.
5. Any municipal or public utility purpose necessary to the maintenance of utility
services involving construction on not more than 5,000 square feet of land.
Section 1803-ACCESSORY USE AUTHORIZED BY SPECIAL PERMIT ONLY. In
addition to accessory uses authorized in all Commercial Zones, the following accessory use is
permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for same from
the Planning Board in accordance with the procedures set forth in this Ordinance:
I Retail sales of candy, ice cream,baked goods, flowers, and other small items.
ARTICLE XIX: LIGHT INDUSTRIAL ZONES
Section 1900 - PURPOSE. The purpose of the Light Industrial Zone is to permit, where
appropriate, the construction of research and development oriented industries, high technology
enterprises,light manufacturing facilities,and other moderately intensive industrial activities which
would not generally be appropriate in residential areas but which may not require the same level of
separation from residential areas as more intensive industrial uses. Areas may be zoned as a Light
Industrial Zones by the Town Board or upon application for a specific proposal, all in accordance
with the normal rezoning procedures. Generally, such re-zoning will be permitted only in areas
where public water and sanitary facilities are available,where public transportation may be readily
available,and where other resources and facilities that complement multiple light industrial uses are
found. In reaching its decision on whether to rezone to a Light Industrial Zone, the Town Board
shall consider the general criteria set forth in this Ordinance, the most current comprehensive or
master plan for the town, and this statement of purpose.
Section 1901 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Light Industrial Zone:
1 Business, administrative or professional offices.
2. Industrial uses employing electric power or other motor power, or utilizing hand
labor for fabrication or assembly.
T-A -A eincludi g self-se—ice storage facilities.
I ujuoor warehousing and i..%Aoor storagel I din I V
4. Printing, publishing and bookbinding.
5. Research and development facilities utilizing office spaces, indoor scientific
laboratories, and other similar indoor spaces.
Section 1902 - ADULT ENTERTAINMENT USES AUTHORIZED BY SPECIAL
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APPROVAL ONLY. Adult entertainment businesses are permitted in certain Light Industrial
Zones,but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance after receipt of a favorable recommendation for same
from the Planning Board, and only upon the conditions set forth below:
1 Adult entertainment businesses are permitted only in those Light Industrial Districts
which adjoin a State Highway(e.g. New York State Route 13).
2. The Board of Appeals,after favorable recommendation of the Planning Board,grants
a special approval for same in accordance with the provisions of the Special Permits
and Special Approvals Article of this Ordinance utilizing the criteria set forth or
referred to in said article for the granting of a special approval.
3. The building in which the business is conducted, and the related parking areas, are
located at least,150 feet from any highway right of way line,at least 280 feet from the
boundary of any other zoning district, and at least 280 feet from any public park,
school, or church. For this purpose, the Finger Lakes Trail is considered a public
park, and the boundaries of such Trail are deemed to be the lines on each side of the
centerline that are parallel to, and twenty feet from, the centerline of the Trail.
4. The building and lot upon which it is located comply in all other respects with the
requirements set forth in the provisions of this article governing light industrial
zones,except as modified by this section and with the following further exceptions:
(a) If the type of adult entertainment business is one specified in Section 2707
the minimum parking requirements shall be those set forth in such section for
that type of structure (e.g. if the adult entertainment business is a theater,
there shall be one parking space for each five seats).
(b) If the type of adult entertainment business is not one specified in Section
2707 the minimum parking requirement shall be 300 square feet of parking
area,including lanes and driveways,for each 100 feet of floor area, exclusive
of basements used for storage. (e.g. if the adult entertainment business is a
massage parlor, the minimum parking area shall be 300 square feet for each
100 feet of floor area).
(c) The minimum parking requirements may be reduced in accordance with the
criteria and procedures referred to Section 27107.
Section 1903 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in a Light Industrial Zone:
1 Automobile parking and off-street loading areas subject to the further requirements
of this article.
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2. Accessory storage buildings,but not to include outside storage.
3. Signs, as regulated by the Town of Ithaca Sign Law.
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. Guardhouse.
6. Child Day Care Centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
7. Cafeteria or lunchroom.
8. Recreational facilities including playfields, ballfields, tennis and volleyball courts,
swimming pools and fitness centers.
9. Fences up to eight feet in height if approved by the Planning Board as appropriate
and necessary for the proposed use.
Section 1904-MINIMUM AREA FOR A LIGHT INDUSTRIAL ZONE. A minimum
tract of ten acres is required for the development of a Light Industrial Zone.
Section 1905 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Light Industrial Zones no building shall exceed thirty-eight (38) feet in
height from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and
no structure other than a building shall exceed thirty-six (36) feet in height.
Section 1906 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Light Industrial Zones yards of at least the following dimensions are
required:
I Front Yard- not less than 150 feet in depth.
2. Rear Yard-not less than 60 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot,but not less
than 60 feet from any structure to a side property line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
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addition to.any required buffer areas.
Section 1907 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1908 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent of the lot area. For this purpose'useable open space'shall mean
that portion of the lot area not covered by any structure (as defined in Article 1)or driveway, and
generally intended to be occupied by suitable vegetation or landscaping.
Section 1909-SIZE AND AREA OF LOT.Lots in Light Industrial Zones shall meet the
following minimum requirements:
1 Minimum lot area shall be at least two acres; and
2. Minimum width at the street line shall be 150 feet; and
3. Minimum width at the maximum required front yard setback line(15 0 feet from the
street line) shall be 200 feet; and
4. Minimum depth from the street line shall be 300 feet.
Section 1910-PARKING.Parking requirements shall be as set forth in Article YXVII.
Section 1911 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
I Off-street Loading- Same as in Commercial Zones (Section 1309 (1)).
2. Access and Sidewalks-Same as in Commercial Zones(Section 1309 (2)).
3. Buffer Areas and Screening - Same as in Commercial Zones (Section 1309 (3))
except no structure shall be placed closer than sixty feet to any residence zone and
thirty feet to any other zone.
4. Additional Screening- Same as in Commercial Zones(Section 1309 (4)).
J Displays in all Light Industrial Zones no outside displays snail be permitted unless
otherwise specifically authorized by this Ordinance,
Section 1912-PERFORMANCE STANDARDS. Any use in a Light Industrial Zone shall
be so operated as to be in conformity with the following additional standards:
1 Noise. No use shall operate or cause to be operated any source of sound in such a
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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 property nearest the
receiving land use.
Receiving Sound
Land Use Category Time Level Limit
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 a.m. 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.
2. Vibration: No activity shall cause or create a discernible steady state or impact
vibration at or beyond the boundary of the property.
3. 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.
4. Odor: There shall be no emission of any offensive odor discernible at the boundary
of the property.
5. Glare and Heat: No glare or heat shall be produced that is perceptible beyond the
boundaries of the property. Exterior illumination shall be shaded and directed to
prevent glare or traffic hazard on surrounding properties and streets.
6. 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 property.
7. Fire and Explosion Hazards: All activities involving, and all storage of flammable
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.
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8. 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.
Section 1913-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Light Industrial Zone unless the proposed building is in accordance with a site
plan approved pursuant to the provisions of Article XXIII.
ARTICLE XX: INDUSTRIAL ZONES
Section 2000 - PURPOSE. The purpose of the Industrial Zone is to permit, where
appropriate,manufacturing and other industrial facilities.Areas may be zoned as an Industrial Zone
by the Town Board or upon application for a specific proposal, all in accordance with the normal
rezoning procedures. Generally,such re-zoning will be permitted only in areas where public water
and sanitary facilities are available,where public transportation maybe readily available, and where
other resources and facilities that complement industrial uses are found. In reaching its decision on
whether to rezone to an Industrial Zone,the Town Board shall consider the general criteria set forth
in this Ordinance, the most current comprehensive or master plan for the town, and this statement
of purpose.
Section 2001 PERMITTED PRINCIPAL USES. In an Industrial Zone buildings and
land may be used for any lawful manufacturing activity and any lawful activity permitted as of right
in a Light Industrial Zone,except for the uses expressly enumerated below. Certain uses or facilities,
set forth below, are permitted only upon receipt of a special permit from the Planning Board as set
forth below.
Section 2002 - PROHIBITED USES. The following uses are prohibited in an Industrial
Zone:
1. Dwelling units, except as an accessory use as set forth below.
2. 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.
3. 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.
4. Motel.
5. Hotel.
6. Adult entertainment business.
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7. 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.
8. The manufacturing or storage of explosives and gas, oil and other flaminables or
petroleum products.
Section 2003 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in an Industrial Zone:
1 Automobile parking and off-street loading areas subject to the further requirements
of this article.
2. Accessory storage buildings.
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. Guardhouse.
6.. Child Day Care Centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
7. Cafeteria or lunchroom incidental to and related specifically to a permitted use.
8. Recreational facilities including playfields,ballfields,tennis and volleyball courts,
swimming pools and fitness centers.
9. Fences up to eight feet in height if approved by the Planning Board as appropriate
and necessary for the proposed use.
Section 2004-PLACEMENT OF ACCESSORY STRUCTURES. Accessory structures
or buildings may be placed in any required side or rear yard but no closer than five feet to the
boundary of the property. Except as herein otherwise provided,no structures shall be placed in any
required buffer zone. Parking,signs,guardhouses,and fences maybe placed in a front yard provided
uie Planning Board finds the 'location of such structures is in accordance with the criteria for a
approval of the site plan and the location is shown on an approved site plan. Signs,guardhouses and
fences if placed in a required front yard may also be placed in any required buffer zone that is in the
front of the property.
Section 2005-MINIMUM AREA FOR AN INDUSTRIAL ZONE. A minimum tract of
ten acres is required for the development of an Industrial Zone.
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Section 2006 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Industrial Zones no building shall exceed thirty-eight(38) feet in height
from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
structure other than a building shall exceed thirty-six(36)feet in height.
Section 2007 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Industrial Zones yards of at least the following dimensions are required:
1. Front Yard -not less than 150 feet in depth.
2. Rear Yard-not less than 60 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot,but not less
than 60 feet from any structure to a side property line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
Section 2008 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 2009 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent 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.
Section 2010 - SIZE AND AREA OF LOT. Lots in Industrial Zones shall meet the
following minimum requirements:
1. Minimum lot area shall be at least two acres; and
2. Minimum width at the street line shall be 150 feet; and
3. Minimum width at the maximum required front yard setback line(150 feet from the
street line) shall be 200 feet; and
4. Minimum depth from the street line shall be 300 feet.
Section 2011 - PARKING. Parking requirements shall be as set forth in Article XXVII.
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Section 2012 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
I Off-street Loadin - Same as in Commercial Zones (Section 1309 (1)).
2. Access and Sidewalks- Same as in Commercial Zones (Section 1309(2)).
3. Buffer Areas and Screening - Same as in Commercial Zones (Section 1309(3))
except no structure shall be placed closer than one hundred feet to any residence zone
and fifty feet to any other zone.
4. Additional Screening- Same as in Commercial Zones(Section 1309 (4)).
5. Dismay - In all Industrial Zones no outside displays shall be permitted unless
otherwise specifically authorized by this Ordinance.
Section 2013 - PERFORMANCE STANDARDS. Any use in an Industrial Zone shall be
so operated as to be in conformity with the performance standards set forth with respect to Light
Industrial Zones above.
Section 2014-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within an Industrial Zone nor shall any existing building,structure or use in an Industrial
Zone be changed unless the proposed building and/or use is in accordance with a site plan approved
pursuant to the provisions of Article XXIII,
ARTICLE XXI: PLANNED DEVELOPMENT ZONES
Section 2100 - PURPOSE. The purpose of the Planned Development Zone is to permit,
where appropriate,a degree of flexibility in conventional land use and design regulations which will
encourage development in an imaginative and innovative way while through the process of review,
discussion and law change, insuring efficient investment in public improvements, a more suitable
environment, and protection of community interest. This article is intended to relate to both
residential and non-residential development,as well as mixed forms of development. There maybe
uses,now or in the future, which are not expressly permitted by the other terms of this Ordinance
but which uses would not contravene the long range comprehensive plan objectives if they adhere
to certain predetermined performance and design conditions. The Planned Development Zone is
intended to be used to enable these developments to occur even though they may not be specifically
authorized by this Ordinance. A- as may be zoned as a Planned Development Zone by thn
X-U e U U I U J_; I U 11e Tow
Board or upon application for a specific proposal, all in accordance with the normal rezoning
procedures. Because the intention is to create self-contained, architecturally consistent and
compatible buildings, many times with diverse but related uses, and b'ecause the creation of a
Planned Development Zone will entail sufficient review to assure the uses within the Zone will have
negligible or no adverse effects upon properties surrounding the Zone,a Planned Development Zone
may be created in any Zone within the Town. In reaching its decision on whether to rezone to a
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Planned Development Zone, the Town Board shall consider the general criteria set forth in this
Ordinance, the most current comprehensive or master plan for the town, and this statement of
purpose.
Section 2101 -ESTABLISHMENT AND LOCATION. With the approval of the Town
Board, a Planned Development Zone may be established in any zone in the Town. The
establishment of any such Zone 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 Zone 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 Zone.
Section 2102 -PERMITTED PRINCIPAL AND ACCESSORY USES. In a Planned
Development Zone buildings and land may be used for any lawful purpose permitted in the Zone
where it is located,plus any other uses which the Town Board may authorize upon findings that such
additional uses
1. Further the health and welfare of the community; and
2. Are in accordance with the comprehensive or general plan for the Town.
Section 2103 - ADDITIONAL REQUIREMENTS. In any rezoning to a Planned
Development Zone the Town Board may impose such conditions or limitations that the Town Board,
in its legislative discretion,may determine to be necessary or desirable to insure the development
conforms with the comprehensive plan of the Town,including limiting the permitted uses,location
and size of buildings and structures,providing for open space and recreational areas, and requiring
bonds or other assurances of completion of any infrastructure to be built as part of the development.
Section 2104 - MINIMUM AREA FOR A PLANNED DEVELOPMENT ZONE. A
minimum tract of two acres is required for the development of a Planned Development Zone.
Section 2105-YARD AND OTHER REGULATIONS. Yard,height,building coverage,
lot size, and any performance standards shall be as set forth in the legislation rezoning the area to
a Planned Development Zone. Unless otherwise stated in such legislation,if no such regulations are
set forth,the regulations applicable to the Zone in which the Planned Development Zone is located
shall govern.
Section 2106-SITE PLAN APPROVAL. No structure shall be erected or placed within
a Planned Development Zone,no building permit shall be issued for a building or structure within
a Planned Development Zone,and no existing building, structure or use in a Planned Development
Zone be changed,unless the proposed building and/or use is in accordance with a site plan approved
pursuant to the provisions of Article XXIH.
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ARTICLE XXII: PROCEDURES FOR CREATION OF NEW ZONES
Section 2200 - ZONES TO WHICH APPLICABLE. The procedures set forth in this
Article shall govern applications for establishment of a Mobile Home Park Zone, a Multiple
Residence Zone, a Commercial Zone of any nature, a Light Industrial Zone, an Industrial Zone, or
a Planned Development Zone, all hereinafter referred to as"Zones," and shall be in addition to any
requirements specified in any of the Articles governing any of such Zones.
Section 2201 -GENERAL PROVISIONS. The provisions set forth below shall govern
establishment of Zones when application for same is made by any person or entity other than the
Town ofIthaca. Should the establishment of a Zone be initiated by the Town Board,the procedures
to be followed are those set forth in New York State Town Law and this Ordinance governing
amendments of a zoning ordinance.
Section 2202 - PROCEDURES FOR CREATION OF A ZONE. Any person or entity
requesting the establishment of a zone shall proceed as follows:
I The applicant shall have the option to make an informal pre-submission presentation
to the appropriate Board or to the Town Planning Staff at which time rezoning
application requirements and procedures may be reviewed. A sketch plan or other
general description should be prepared by the applicant for use at the pre-submission
meeting, to indicate the general nature of the proposal. A purpose of this non-
mandatory meeting would be to give the applicant, before incurring substantial
expense to comply with the formal application process,an opportunity to discuss the
applicant's plans informally to determine if there are substantial reasons known to the
Town Staff that would suggest the proposal would not be acceptable to the applicable
Town Boards and to provide an opportunity for achievement of a project and
rezoning that would be acceptable in the public interest.
2. The applicant shall submit an application to the Town Planner on forms supplied by
the Town which shall include such information as the Town Planner may reasonably
require to evaluate the proposal. Such application shall be accompanied by any
required fees.
3. The applicant shall submit with the application a general site plan which shall be
transmitted to the Town Board and 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
such other plans and 1116formation deemed reasonably necessary by the Town Board
for adequate study of the proposed plan.
4. The Town Board shall preliminarily determine whether it will consider the
application for the rezoning,or deny same. If the Town Board determines that it will
entertain the application the Town Board shall refer the matter to the Planning Board
for review and recommendation.
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5. The applicant shall be notified of the referral and shall be required to provide such
additional materials, including any required environmental assessment forms,
drawings, elevations, or other documents as the Town Planner may reasonably
require to allow a full and complete study of the proposal. Such materials shall be
supplied at least ten working days prior to the Planning Board meeting at which the
matter will be considered.
6. Upon review of the matter by the Planning Board after such referral, 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 welfare of the
community. The Planning Board shall then adopt a resolution recommending(a)a
finding regarding environmental significance of the proposal,and(b)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 Planhing Board within 45 days of the filing of the general site plan and
all related materials 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.
7. The Town Board shall comply with applicable provisions of SEAR.
8. The Town Board shall hold a public hearing on the proposed zone with the same
notice required by law in the case of an amendment to the Zoning Ordinance,which
public hearing may include any public hearings required by SEAR. If the Town
Board establishes such zone 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 zone, 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.
9. Whenever a zone other than a Planned Development Zone 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, except that the Planning Board shall have
authority to authorize minor changes or additions to the general site plan provided the
same do not materially alter the intensity of use or other significant characteristics of
4-WL 1 Z ions e general site plan, and provided the same to not violate any express coedit'
imposed by the Town Board in creating the zone. In the case of zones other than
Planned Development Zones,the Planning Board may authorize changes or additions
provided the same do not violate any express conditions imposed by the Town Board
in creating the zone.
10. Upon the creation of the zone,unless the general site plan was of sufficient detail and
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contained sufficient information as to constitute, in the Town Board's discretion, a
final site plan, the matter shall be referred to the Planning Board for final site plan
approval in accordance with the site plan approval process set forth below.
ARTICLE XXIII. SITE PLAN REVIEW AND APPROVAL PROCEDURES
Section 2300-PURPOSE. The purpose of site plan review is to provide for the review and
approval of development plans to ensure that land development occurs in harmonywith surrounding
uses, without adversely impacting neighboring parcels, property values, public facilities,
infrastructure or the natural environment.
Section 2301 - REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY. Before a building permit or certificate of
occupancy can be issued for any of the activities for which site plan approval is required, a site plan
must be approved by the Planning Board in accordance with these and other applicable provisions.
Section 2302 -APPLICABILITY. The requirements set forth in this Article shall apply
to all activities or developments that are referred to elsewhere in this Ordinance as requiring a site
plan approval. In addition,and supplementing such provisions,the requirements of this article shall
also apply to the following actions except as to those actions specifically exempted, or for which
alternative specific site plan review and approval requirements are established, elsewhere in this
Ordinance:
1. All new commercial,industrial or institutional development.
2. All new multi-family housing.
3. Any modification of existing commercial, industrial, institutional or multifamily
buildings, for which no previous site plan exists.
4. Any expansion of existing commercial, industrial, institutional or multifamily
buildings which involve an increase in the gross floor area of an existing building by
more than ten(10)percent in the aggregate since any previous site plan approval.
5. Any conversion of an existing residential structure to a nonresidential use (except as
may have occurred in connection with a home occupation established in conformity
with the provisions of this Ordinance).
6. Any conversion of art existing nonresidential structure into a residential structure
containing three(3)or more dwelling units.
7. Any modification to an existing residential structure which increases the number of
dwelling units in the building to three(3) or more dwelling units.
8. Any change of an existing nonresidential building from one type of use specified in
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this ordinance to another(e.g.conversion of a commercial structure to an industrial
facility or conversion from a warehouse to a restaurant).
9. Any other modification to any facility or structure not set forth in the preceding
paragraphs, for which final site plan approval was or is presently required by the
terms of this Ordinance or any modification to any previously approved site plan,
except as otherwise authorized below.
Section 2303 -PROCEDURE.
I The site plan process incorporates three successive stages,(a)sketch plan review,(b)
preliminary site plan approval, and (c) final site plan approval. Final site plan
approval is required in all cases prior to the issuance of a building permit or
certificate of occupancy. The sketch plan review is at the option of the applicant
except as may be required by the Director of Planning if the proposed project is
complex,has significant potential effects on the environment,or if other conditions
exist such that a sketch review would be beneficial to the applicant or the Town.
2. Sketch Plan Review. The sole purpose of sketch plan review is to review generally
and informally the proposed project, advise the applicant as to whether it is
reasonable to anticipate a positive response to a formal application, and to highlight
any concerns that may be readily apparent to the Planning Board. No vote of
approval or disapproval shall be taken with respect to a sketch plan.
3. Preliminary Site Plan Review. An applicant may,at his or her discretion,apply for
preliminary site plan approval. Further, if the Planning Board determines that an
application for final site plan approval is insufficient for an affirmative decision,the
Board may grant preliminary site plan approval with such conditions and restrictions
as are permitted by Section 274-a of the Town Law or any similar or successor
statute.
4. Unless other requirements of this Ordinance govern(e.g.the procedures for creation
of Planned Development Zone)the applicant shall make formal application for site
plan approval by submitting, at a minimum:
(a) One completed and signed Development Review Application.
(b) Applicable application fees.
(c) Deposit of review fees.
(d) One fully completed and signed Short Environmental Assessment Form,Part
I (SERF), or Long Environmental Assessment Form, Part I (LEAF),
whichever is required.
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(e) Estimate of costs of site improvements (excluding cost of land acquisition
and professional fees)to be prepared(preferably)by a licensed professional
engineer.
(f) Four full size dark-line prints of the site plan and 25 reduced copies of all
sheets of the plan(the reduced copies to be no larger than 11"by 17")with
all required information.
(g) All other information required by this Ordinance or other laws, rules or
regulations for site plan approval.
The application for site plan approval shall not be deemed complete until all of the
above items are received by the Town Planner and the requirements of SEQR have
been met.
5. Upon receipt of a complete application, the Planning Board shall hold a public
hearing in accordance with the provisions of Town Law Section 274-a or any similar
or successor applicable statutes and shall render a decision approving,approving with
conditions, or disapproving the site plan.
6. In making its decision,the Planning Board shall have the power to impose conditions
and restrictions as authorized by Section 274-a of the Town Law or any similar or
successor statute.
7. If preliminary site plan approval is granted,when the developer applies for final site
plan approval the same procedures shall again be utilized,except that if the final site
plan is in substantial agreement with the site plan that received preliminary site plan
approval,no further action under SEQR shall be required. If the final site plan differs
significantly from the preliminary site plan, it shall be treated as a new application,
including compliance with applicable SEQR requirements.
8. In reviewing the final site plan application following preliminary site plan approval,
the Planning Board shall,in the absence of significant new information, confine its
review to determining whether the final plan (a) conforms to the preliminary plan,
(b) complies with any conditions imposed by the Board in granting preliminary
approval,and(c)complies in all other respects with the provisions of the Town Law
and this Ordinance.
9. Tlie ownier and applICarit shall be boiirjd by tlic lirlai Site plan as approved by tlic
Planning Board,and all construction and development shall occur only in accordance
with the finally approved site plan, unless specifically otherwise authorized by the
provisions of this Ordinance.
Section 2304-SITE PLAN REQUIREMENTS. The site plan shall include the following
items, and such additional items as may be reasonably requested by the Planning Board in order to
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fully and adequately review the application for approval of the site plan or other permit or
authorization being sought, which requirements may be articulated on one or more checklists
supplied to applicants for site plan approval or modification. Without limiting the authority of the
Planning Board or other reviewing board of the Town with respect to additional items,the minimum
items to be included are set forth below with respect to each type of site plan being reviewed.
1. Sketch Plan Requirements. The sketch plan shall include:
a. General location in the Town of the proposed development.
b. Approximate boundaries of parcel(s) involved.
C. Existing land use and proposed land use.
d. Approximate location of existing and proposed buildings or other significant
structures.
e. Approximate location of adjacent or nearby highways.
f. General topography of project area.
9- General indication of potentially significant natural or cultural features on or
ad J.acent to the site(e.g.wetlands,creeks,steep slopes or historic structures).
h. Existing land uses of immediately adjacent properties.
i. Written explanation of the character and purpose of the proposed
development including the type and density of development,water and sewer
systems proposed, and general timetable for the development.
2. Preliminary Site Plan Requirements. The preliminary site plan shall include:
a. Name and address of all owners of the property and name and address of all
persons who have an interest in the property, such as easements or rights-of-
way.
b. Key map,when more than one sheet is required to present site plan.
C. Vicinity map showing the general location of the property, 1"=1000' or
1"=2000'.
d. Name of project, which shall not duplicate the name of any other project or
subdivision in the county.
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e. Name and seal of each registered land surveyor(s), engineer(s), architect(s)
or landscape architect(s) who prepared any of the site plan materials,
including the topographic and boundary survey, drainage plans, etc.
f Date of site plan and any related documentation,and dates of any applicable
revisions.
g. Map scale (1"=50'or 1"=100')in bar form and north point.
h. Name of town, county and state.
i. Exact boundary lines of the tract,indicated by a heavy line,showing location
and description of all monuments, giving property metes and bounds to the
nearest one tenth foot, angles to the nearest minute,and at least one bearing.
j. Location of any natural and cultural features within and immediately adjacent
of the site including but not limited to streams, lakes, floodplains, ponds,
wetlands, structures or sites listed, or eligible for listing, on the state or
national registers of historic places, woodlands, brushlands, significant
natural habitats, rare plants, viewsheds and unique natural areas, or other
features pertinent to review of the proposed project.
k. Location,size,and use of all existing structures,parking areas,access drives,
off-street loading areas, signs, lighting, pedestrian or bicycle facilities,
landscaping, and other existing features pertinent to plan review.
1. Location, size, proposed use, design, and construction materials of all
proposed structures, including floor plans, elevations from all four sides of
all significant structures showing exterior configuration,dimensions,finishes,
fenestrations, colors and other usual building details.
in. Location, design, dimensions and construction materials of all proposed
roads, sidewalks, bike paths, parking areas, fences, retaining walls, and
screening.
n. Size,location,height,design,and construction materials of all proposed signs
and exterior lighting,including type of lighting fixtures and amount and area
of illumination of any proposed lighting.
o. Location, design, and construction materials of all proposed pedestrian and
bicycle facilities.
P. Landscaping plan and planting schedule showing locations,species,and size
of proposed plantings,and exiting landscaping to be retained,including also
location and proposed design of any buffers.
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q. Location, design, and construction materials of all proposed water and
sewage facilities.
r. Locations of any existing or proposed fire and other emergency zones,
including the location of fire hydrants.
S. Location,name,and dimensions of each existing highway and alley and each
utility, drainage, or similar easement within, abutting, or in the immediate
vicinity of the proposed project site.
t. Existing and proposed site topography represented by coutour lines with
intervals as required by the Planning Board,but not to exceed five(5) feet,
including a grading plan describing the volumes of cut and fill materials and
their composition, and including elevations of proposed buildings, signage,
lighting, and other features.
U. Drainage plan,showing of existing and proposed drainage patterns,including
a description of method used for analysis, the calculation of drainage area
above point of entry for each water course entering or abutting the site, and
proposed method of on-site retention if required, and details of any drainage
improvements to be made. Generally the method of analysis shall be
approved by the Director of Engineering and shall assume that, unless the
Planning Board determines otherwise for good cause shown,that the rate of
surface and subsurface run-off from the project site will not increase during
or after construction of the project.
V. Border lines bounding the sheet, one inch from the left edge and one-half
inch from each of the other edges. All required information, including
signatures, seals,dates and other information shall be within the border lines.
W. Accurate outlines and descriptions of any areas to be dedicated or reserved
for public use or acquisition,with the purposes indicated thereon, and of any
areas to be reserved by deed covenant for common uses of all property
owners, tenants,or other users of the property in the project.
X. The plan and profile of each proposed highway in the development, with
grade indicated, drawn to a scale of I" =50'horizontal, and I" = 5'vertical,
on standard plan and profile sheets. Profiles shall show accurately the profile
of the highway or alley along the highway center line and location of the
sidewalks, if any.
Y. Reference on the site plan to any separate instruments, including restrictive
covenants,which directly affect the land in the project.
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Z. Names and addresses of all property owners of all parcels abutting the site,
or within 500 feet of the perimeter boundary of the site,including owners of
easements or rights of way, together with tax parcel numbers for all such
owners.
aa. Estimate of the cost of improvements (excluding the purchase cost of land)
to be prepared by a licensed professional engineer or other qualified
professional satisfactory to the Planning Board.
bb. Three dark-line prints of the proposed site plan and 25 copies of all sheets of
the propsed site plan in reduced format(no larger than 11"x 17") and copy
of all other items required above(except Development Review Application),
CC. A certificate signed by the owner and, if applicable, any contract vendee to
the effect that(i)the owner owns the land, (ii)the owner or contract vendee
caused the land to be surveyed and the site plan to be prepared,(iii)the owner
(or, if applicable,the contract vendee) agrees to construct the project in the
manner represented by the finally approved site plan and all related approved
application documents, and (iv) the owner (or, if applicable, the contract
vendee) makes any dedications indicated in any of the site plan
documentation and agrees and guarantees to construct any required
infrastructure elements set forth on the finally approved site plan.
3. Final Site Plan Requirements. The final site plan shall include:
a. All of the items set forth above for preliminary site plan approval,modified
ifnecessary to comply with any conditions imposed as part of the preliminary
site plan approval process.
b. One original set of the final site plan drawings on mylar, vellum or paper,
signed and sealed by the registered land surveyor(s),engineer(s),architect(s)
or landscape architect(s)who prepared the site plan materials,to be retained
by the Town, and two sets of paper copies of the final site plan drawings.
C. Record of application for and approval status of all necessary permits from
county, state,and/or federal agencies with copies of all necessary permits or
approvals to be provided prior to issuance of any certificate of occupancy.
A. Design development drawings for all buildings and construction details of all
other proposed structures, roads, water/sewer facilities, and other
improvements, including, but not limited to, specifications for water lines,
including locations and descriptions of mains, valves, hydrants,
appurtenances, etc., and profiles and specifications for sanitary sewers and
storm drainage facilities, including locations and descriptions of pipes,
manholes, lift stations, and other facilities.
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e. A certificate signed and sealed by the mortgagee(s),if any,to the effect that
the mortgagee consents to the site plan;the construction of the project as
shown, and the dedications and restrictions, if any, shown on or referred to
on the site plan.
Section 2305-WAIVER OF REQUIREMENTS. 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 2306-CONSIDERATIONS FOR APPROVAL. The Planning Board's review of
a 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,paved areas,outdoor waste disposal facilities,
and contiguity of open spaces.
4. Adequacy,type, and arrangement of trees,shrubs, and other landscaping,including
those on site and those 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 infonnal
recreation.
6. Compatibility ofthe proj ect with the surrounding neighborhood,including protection
of adjacent properties and the general public against noise, glare, unsightliness, or
other objectionable features.
7. Adequacy of storm water,drainage,water supply,sewage disposal facilities and other
community infrastructures and services.
8. Adequacy of fire lanes and other emergency provisions.
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9. The effect ofthe proposed development on environmentally sensitive areas including
but not limited to wetlands, floodplains,woodlands, steep slopes,water courses or
bodies, viewsheds, unique natural habitats, and on other open space areas of
importance to the neighborhood or community.
10. The effect of the proposed development on any historic structures listed or eligible
for listing on the National Register of Historic Places.
11. The need for, and the adequacy of, any natural or man-made buffers.
12. Whether the design of the project minimizes the increase of impervious surfaces on
the site.
13. Compliance with the Town's Comprehensive Plan,Zoning Ordinance, Subdivision
Regulations, Water Resources Ordinances, if applicable, and any other applicable
laws,rules,requirements, or policies.
Section 2307-LIMITATIONS ON CONSTRUCTION. No site plan shall be approved
which provides for construction or other disturbance of land in environmentally sensitive areas,
including but not limited to,wetlands,water courses,steep slopes,unique natural areas,or rare plant
or animal habitats, unless the applicant demonstrates with professional evidence reasonably
satisfactory to the Planning Board that such construction may occur without adverse environmental
effects upon such areas. Nothing in this paragraph is intended to permit construction or other
activities in areas where the same are prohibited or regulated by other laws or regulations of the
federal, state,county, or local government.
Section 2308 - RESERVATION OF PARKLAND ON SITE PLANS CONTAINING
RESIDENTIAL UNITS. If the proposed project includes dwelling units,the Planning Board may,
in accordance with the provisions and requirements of Town Law Section 274-a or any similar or
successor law, require a park or parks to be shown on the site plan, or, to the extent permitted by
Section 274-a,monies in lieu of parkland.
Section 2309-MODIFICATIONS OF SITE PLANS. A site plan that has received final
site plan approval may be modified upon the application of the owner for such modification. Such
application shall be in accordance with the provisions of this article and the procedures applicable
to such application shall be the same as are applicable to an initial application for site plan approval.
Notwithstanding the foregoing, Planning Board approval of a modification shall not be required
1. If the modification does not involve
(a) construction of an addition of more than 1,000 square feet of enclosed space
whether on one or more stories;nor
(b) construction or relocation of more than 3 parking spaces nor construction or
relocation of any parking spaces to an area that is not adjacent to the original
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planned parking area;nor
(c) .construction, alterations,or renovations affecting the exterior of a building
or the site anticipated to cost more than$20,000.00; nor
(d) construction,alteration,or renovation of the interior of a building involving
a change in occupancy or use; nor
(e) enlargement of an existing or previously approved building that involves an
increase of square footage of more than 15% of the existing square footage
of the existing or previously approved building; nor
(f) Reduction of an existing or previously approved building that involves a
decrease of square footage of more than 15% of the exiting or previously
approved building;nor
(g) alteration of traffic flows and access nor a significant increase in the volume
of traffic; nor
(h) a significant (in the judgment of the Director of Planning) change in the
aesthetic appearance of any structure or site plan element including landscape
and lighting details from that presented at the time of the prior approval;nor
(i) a change in the impacts of the project on surrounding properties, such as an
increase in noise,water run-off,light illumination,or obstructions to views;
nor
(j) violation of any express conditions (including, without limitation, buffer
zones, setbacks, and similar restrictions) imposed by the Planning Board in
granting prior site-plan approval, or
2. if the modification does not involve a movement or shift of a location of one or more
buildings more than two feet laterally or six inches vertically from the location or
elevation shown on the final site plan where
(a) such shift does not alter proposed traffic flows or access; and
(b) 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.
The numerical criteria for the exceptions from the requirement-of obtaining Planning
Board approval are an aggregate maximum (i.e. if a 700 square foot addition is
constructed without obtaining Planning Board approval pursuant to paragraph 1(a)
above, construction of a second addition larger than 300 square feet would require
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Planning Board approval of a modified site plan).
This waiver of the requirement of Planning Board approval is not intended to permit
construction in violation of any other provision of this Ordinance including setback,
side yard,and similar regulations,nor the requirement to obtain a building permit in
those circumstances when otherwise required by the terms of this Ordinance or by
the Building Code.
A demolition,or aproposed demolition,of an existing building,or of apreviously approved building
on a previously approved site plan,is amodification of a site plan subject to the terms of this section.
Section 2310-LETTER OF CREDIT. If the Planning Board determines it is necessary
to ensure that all items on the site plan that are needed to provide for adequate traffic now,utilities,
and other similar infrastructure items,are constructed in accordance with the approved final site plan
and any other pertinent specifications and requirements, 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 recommended by the Town Engineer and approved by
the Planning Board to ensure such construction. In determining whether to require such a letter,the
Planning Board shall find that such infrastructure is so integral to the project that its construction
must occur in order to provide for a safe and useful environment for the community and the
occupants and users of the project. The Planning Board may, in its discretion, accept in lieu of a
letter of credit other evidence or promise of completion of required facilities for the site if it
determines that such other evidence adequately ensures such completion. Nothing in this paragraph
shall alter any other requirement for letters of credit related to construction of facilities intended to
be dedicated to the Town.
Section 2311-COMPLETION OF IMPROVEMENTS. 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, reasonably necessary to the proper and safe operation and
occupancy of any completed facilities,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 need
for,and 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.
Section 2312-EXPIRATION OF SITE PLAN APPROVAL.
l. 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
a public hearing and upon written notice in person or by mail to the applicant
(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
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(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.
2. 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.
3. Unless work has materially commenced in accordance with the final site plan within
one year from the issuance of the building permit authorizing such work, or within
thirty-six months of the date the Planning Board gave final site plan approval,
whichever is earlier, not only the building permit but the site plan approval (both
final and preliminary)shall expire and the permissible uses and construction on the
property shall revert to those in effect prior to the granting of any site plan approval.
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.
ARTICLE XX.IV: SPECIAL PERMITS AND SPECIAL APPROVALS
Section 2400-PURPOSE. The purpose of this article is to set forth regulations,procedures,
and conditions that apply to certain permitted uses which,because of size,intensity,or other special
factors,warrant special evaluation of each individual case by either the Planning Board or the Zoning
Board of Appeals.
Section 2401 - REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY. Before a building permit or certificate of
occupancy can be issued for any of the structures or activities for which either a special permit or
a special approval is required, such a permit or approval shall be obtained in accordance with these
and other applicable provisions.
Section 2402 -APPLICABILITY. The requirements set forth in this Article shall apply
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to all construction,activities,uses or developments that are referred to elsewhere in this Ordinance
as being allowed only upon receipt of a special permit or special approval. Special permits shall be
issued by the Planning Board. Special approvals shall be issued by the Zoning Board of Appeals.
Any change of use of an existing structure to a use that requires a special permit,or special approval
shall be subject to the requirements of this article.
Section 2403 -PROCEDURE,
1. The applicant shall have the option to make an informal pre-submission presentation
to the appropriate Board at which time special permit or special approval(hereafter
collectively referred to as "special authorization") application requirements may be
reviewed. A sketch plan or other general description should be prepared by the
applicant for use at the pre-submission meeting,to indicate the general nature of the
proposal.
2. Unless other requirements of this Ordinance govern the applicant shall make formal
application for special authorization to the appropriate Board by submitting, at a
minimum:
(a) One completed and signed application form prescribed by the Board hearing
the matter. If a Development Review Application is submitted for a site plan
review and special permit,no additional application shall be required.
(b) Applicable application.
(c) Deposit of review fees to the extent required by this Ordinance or any other
Town law or resolution.
(d) One fully completed and signed Short Environmental Assessment Form,Part
I (SEAF), or Long Environmental Assessment Form, Part I (LEAF),
whichever is required.
(e) Such other information or documentation as may be deemed reasonably
necessary or appropriate by the reviewing staffperson or Board to adequately
consider the application.
The application for special authorization shall not be deemed complete until all of the
above items are received by the Town Planner(for special permits)or Town Building
Code and Zoning Enforcement Officer(for special approvals)and the requirements
of SEQR have been met.
3. Upon receipt of a complete application, the appropriate Board shall hold a public
hearing in accordance with the provisions of Town Law Section 274-b or any similar
or successor applicable statutes and shall render a decision approving,approving with
conditions,or denying the special authorization. Such hearing maybe combined with
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any other hearing relating to the same proposal (e.g. site plan approval and special
permit hearings may be combined).
4. In making its decision, the reviewing Board shall have the power to impose
conditions and restrictions as authorized by Section 274-b of the Town Law or any
similar or successor statute.
Section 2404 - WAIVER OF REQUIREMENTS. The reviewing Board may waive one
or more of the normal application requirements when it determines that the particular circumstances
do not require all of the full application materials for adequate consideration of the request for
special authorization.
Section 2405 - CONSIDERATIONS FOR APPROVAL. The reviewing Board's
determination of an application for special authorization shall include findings consistent with any
special criteria set forth in this Ordinance relating to the specific use or activity for which approval
is being sought, and shall also include as appropriate,but shall not be limited to, findings that the
following standards have been met:
I The health,safety,morals and general welfare of the community in harmony with the
general purpose of this Ordinance(including the specific purposes related to the zone
in which the premises are located) are being promoted, except that as to all public
buildings and educational buildings wherein the principal use is research,
administration, or instruction,the same shall be presumed to exist.
2. The premises are reasonably adapted to the proposed use, and such use will fill a
neighborhood or community need, except that all publicly owned or educational
buildings are deemed to be adapted to the proposed use and are deemed to fill a
neighborhood or community need.
3. The proposed use and the location and design of any structure will be consistent with
the character of the district in which it is located.
4. The proposed use will not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devalue neighboring property or seriously
inconvenience neighboring inhabitants.
5. Operations in connection with the proposed use will not be more objectionable to
nearby properties by reason of noise, fumes, vibrations, illumination, or other
potential nuisance, than the operation of any permitted use in the particular zone,
except that as to all public buildings, churches, and educational institutions the
determination shall be whether the presumed benefit of such a use is outweighed by
the objectionable impacts of such use on nearby properties.
6. Community infrastructure and services, including but not limited to protective
services, roadways, garbage collection, schools, and water and sewer facilities are
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currently,or will be,of adequate capacity to accommodate the proposed use.
7. The proposed use,building design,and site layout comply with all the provisions of
this Ordinance and, to the extent considered by the reviewing board, with other
regulations and ordinances of the Town,with the Building Code and all other state
and federal laws,rules and regulations, and with the Town's Comprehensive Plan.
8. The proposed access and egress for all structures and uses are safely designed and the
site layout provides adequate access for emergency vehicles.
9. 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 ofthe community,
except that as to all public,religious and educational uses,the determination shall be
whether the presumed benefit of such a use is outweighed by the detrimental effect
of the proposed use upon the health, safety, and general welfare of the community.
10. The lot area,access,parking,and loading facilities are sufficient for the proposed use
and access,parking and loading facilities are adequately bufferred to minimize their
visual impact.
11. Natural surface water drainage is adequately managed in accordance with good
engineering practices and in accordance with any applicable Town local law or
ordinance, and existing drainage ways are no altered in a manner that adversely
affects other properties.
12, To the extent reasonably deemed relevant by the reviewing Board,the proposed use
or structure complies with all the criteria applicable to site plan review set forth in
this Ordinance.
Section 2406 - MODIFICATIONS OF SPECIAL PERMITS OR SPECIAL
APPROVALS. A special authorization that has been issued may be modified upon the application
of the owner for such modification. Such application shall be in accordance with the provisions of
this article and the procedures applicable to such application shall be the same as are applicable to
an initial application for a special authorization. Notwithstanding the foregoing,no approval shall
be required if the change is a modification set forth in Section 2309 as not requiring approval of a
modification to a site plan. The waiver of the requirement for approval of a modification to a special
permit or special approval is subject to the same conditions, and subject to the same limitations as
pertain to modifications to approved site plans.
Section 2407 - EXPIRATION OF SPECIAL PERMIT OR SPECIAL APPROVAL.
Unless work has materially commenced (as defined in Section 2312 (3)) in accordance with the
special authorization within one year from the issuance of the building permit authorizing such work,
or within thirty-six months of the date the reviewing Board approved the special authorization,
whichever is earlier,not only the building permit but the special authorization shall expire and the
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permissible uses and construction on the property shall revert to those in effect prior to the approval
of any special authorization. The reviewing 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
reviewing 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.
ARTICLE XXV: NON-CONFORMING USES.
Section 2500-NONCONFORMING LOTS OF RECORD. In any Zone in which a one
family dwelling is permitted, a one family dwelling and customary accessory buildings may be
erected on any single lot of record at the effective date of adoption or amendment of this Ordinance
creating the non-conformity,provided
1. Such lot was a valid,lawfully existing lot prior to the adoption or amendment of this
Ordinance which created the non-conformity; and
2. The non-conformity of the lot relates to size or area; and
3. All other provisions of this Ordinance, including yard requirements, are complied
with, or a variance from such compliance has been obtained from the Board of
Appeals.
In addition,upon receipt of a special approval from the Board of Appeals,a two family dwelling may
be constructed on such a lot if permitted by the regulations of the zone,subj ect to the conditions set
forth above,and subject to any conditions(such as occupancy or dwelling unit size)that govern two-
family dwellings in the zone in which the dwelling is located.
Section 2501 - NONCONFORMING USES OF LAND. Where, at the effective date of
adoption or amendment of this Ordinance, a lawful use of land exists that is made no longer
permissible under the terms of this Ordinance as enacted or amended,such use may be continued,
so long as it remains otherwise lawful, subject to the following provisions:
1. Such nonconforming use must not be enlarged or increased,nor extended to occupy
a greater area of land than was occupied at the effective date of adoption or
amendment of this Ordinance;
2. Such nonconforming use must not be moved in whole or in part to any other portion
of the lot or parcel occupied by such use at the effective date of adoption or
amendment of this Ordinance; and
3. If any such nonconforming use of land ceases for any reason for a period of more
than one year, any subsequent use of such land must conform to the regulations
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specified by this Ordinance for the Zone in which such land is located.
Section 2502-NONCONFORMING STRUCTURES. Where a lawful structure exists at
the effective date of adoption or amendment of this Ordinance that could not be built under the terms
of this Ordinance byreason ofrestrictions on area,lot coverage,height,yards,or other characteristics
of the structure or its location on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way which increases its
nonconformity.
2. Should such structure be destroyed by any means, in whole or in part, it may be
reconstructed in accordance with the provisions of Section 2508 below.
3. Should such structure be moved for any reason for any distance whatever, it must
thereafter conform to the regulations for the Zone in which it is located after it is
moved.
Section 2503 - NONCONFORMING USES OF STRUCTURES. If a lawful use of a
structure, or of structure and land in combination, exists at the effective date of adoption or
amendment of this Ordinance, that would not be allowed in the Zone under the terms of this
Ordinance as amended, the lawful use may be continued as long as it remains otherwise lawful,
subject to the following provisions:
1. No existing structure devoted to a use not permitted by this Ordinance in the zone in
which it is located may be enlarged, extended, constructed, moved, or structurally
altered except in changing the use of the structure to a use permitted in the zone in
which it is located or to a use permitted pursuant to Section 2507 below.;
2. Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed for such use at the time of adoption or
amendment of this Ordinance,but such use must not be extended to occupy any land
outside such building;
3. Any structure,or structure and land in combination,in or on which a nonconforming
use is superseded by a permitted use must thereafter conform to the regulations for
the zone in which such structure is located, and the nonconforming use may not
thereafter be resumed;
4. When a nonconforming use of a structure, or structure and land in combination,
ceases for a period of one year, the structure or structure and land in combination
must not thereafter be used except in conformance with the regulations of the zone
in which it is located;
5. Where nonconforming use status applies to a structure and land in combination,
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removal or destruction of the structure eliminates the nonconforming status of the
land;
6. Where a non-conforming use exists in an area that has been or now requires site plan
approval for any change of use,the non-conforming use may not be changed to any
other use permitted in the zone until site plan approval has been obtained pursuant
to the terms of this Ordinance.
Section 2504-INTERRUPTION OF NON-CONFORMING USE. Notwithstanding the
provisions above regarding cessation of non-conforming uses,for purposes of determining whether
a non-conforming use has ceased for a period of one year there shall be excluded from the
calculation of the year period any period of time during which a non-conforming use was suspended
solely because of a national emergency or temporary government restrictions (other than zoning
restrictions). Upon termination of the national emergency or the temporary government restriction,
the calculation of the year period shall resume.
Section 2505 - DWELLINGS ON NON-CONFORMING LOTS. Notwithstanding the
provisions above prohibiting enlargement of non-conforming uses,if only a one-family dwelling or
a legally existing two-family dwelling and related accessory buildings are present on a lot that is of
a size or area less than that otherwise permitted in the Zone in which the lot is located, and such lot
is a valid non-conforming lot, such dwelling may be enlarged or altered 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 or area
which lot was of record at the time of the adoption or amendment of this Ordinance
creating the non-conformity;
2. Such alteration or enlargement does not violate any other provisions of this
Ordinance(e.g., yard,height, or other restrictions); and
3. if such dwelling is a single family dwelling, upon completion of such enlargement
or alteration the building and lot continue to be used only as a single family dwelling,
provided, however, that upon receipt of a special approval from the Board of
Appeals,a single family dwelling may be enlarged to a two-family dwelling,subject
to the conditions set forth above, and subject to any conditions (such as occupancy
or dwelling unit size) that govern two-family dwellings in the zone in which the
dwelling is located.
Section 2506-CONTINUATION OF CONSTRUCTION. Nothing in this Ordinance is
deemed to require a change in the plans, construction, or designated use of any building on which
actual construction was lawfully begun prior to the effective date of adoption or amendment of this
Ordinance and upon which actual building construction has been diligently prosecuted and
completed within two years after the effective date of the adoption or amendment making the use
non-conforming.
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Section 2507-ALTERATIONS IN USE. Except as prohibited above, and subject to the
requirement of obtaining site plan approval if required, 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:
Conservation:Zones
Agricultural Zones
Low Density Residential Zones
Lakefront Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Lakefront Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Light Industrial Zones
Industrial Zones
Section 2508 - RESTORATION. Nothing herein shall prevent the continued use and
substantial restoration and continued use of a non-conforming building damaged by fire, flood,
earthquake,act of God,or act of the public enemy,provided that
(a) Such restoration is located on,and no larger than,the footprint of the structure prior
to its destruction; and
(b) Such restoration is completed within one year of the damage; and
(c) The use of the building and the manner in which it was used prior to the loss is
recommenced within one year of the damage.
The time limits set forth above may be extended by the Board of Appeals in cases of practical
difficulty or unnecessary hardship using the same criteria as are applied in determining applications
for an area variance. An application for an extension shall be brought no later than six months after
the expiration of the year period, or six months after the expiration of any previously granted
extension.
Section 2509-BOARD OF APPEALS DETERMINATION. The Board of Appeals shall
have the jurisdiction to hear and determine any claims as to whether a particular use is a valid non-
conforming use,or whether a non-conforming use has been improperly extended or enlarged,or any
other matter relating to the non-conforming uses. Such jurisdiction maybe exercised by an appeal
from a decision of the Code Enforcement Officer as hereinafter provided, or by direct application
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to the Board in those instances where there is no application for a permit or certificate before the
Code Enforcement Officer. Any such direct application to the Board of Appeals shall be made on
such forms and contain such information as the Board and/or the Code Enforcement Officer may
determine and shall be delivered to the Code Enforcement Officer for submission to the Board.
Section 2510-VARIANCE CRITERIA. In the event an application is made to the Board
of Appeals for a variance to enlarge or alter a non-conforming use,the Board shall apply the same
criteria in determining the matter as would be applicable if the application had been made for
property that was otherwise conforming. For example,if the application is to enlarge a building that
already encroaches on a required side yard,the Board shall use the criteria applicable to considering
an area variance. If the application is to change the use to another non-conforming use(which is not
permitted pursuant to Section 2507 above),the Board shall use the criteria applicable to considering
a use variance.
Section 2511 - AMORTIZATION OF CERTAIN NON-CONFORMING USES
RELATING TO PRE-1991 RESIDENTIAL OCCUPANCIES.
1. Notwithstanding any other provisions of this Ordinance and in an effort to provide for
generally uniform limitations regarding residential occupancy throughout the residential
zones 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 all zones in which residential
occupancies are permitted or occur including any special land use zones 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(including the amendment of 1991 to
an earlier version of 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, or to buildings for which different
occupancy requirements were established by local laws or resolutions creating or regulating
multiple residence zones adopted either before or after the enactment of this section.
5. A non-conforming use due to be terminated pursuant to this section may be extended upon
application for a special approval for such extension from the Board of Appeals. Such
approval 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 created by
the 1991 amendment referred to above,termination of the non-conforming use would cause
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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 March 1, 1991,
or if the zoning change creating the non-conformity was adopted after March 1, 1991, the
amount of such investment on the date of such later zoning change;(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 ofthe landowner's investment over the period between
March 1, 1991 (or such later zoning change date) 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,or,if the non-
conformity was created by a subsequent zoning change, any such costs incurred after such
change. 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.
ARTICLE XXVI: SPECIAL REGULATIONS
Section 2600-MOBILE HOMES AND TRAILERS. Trailer camps or parks and trailers
or mobile homes for occupancy shall be prohibited in all zones except Mobile Home Park Zones and
except as follows:
1. One mobile home may be placed on a vacant lot in a residence or agricultural zone
for use as temporary housing during the construction of permanent dwelling on said
lot for a period not to exceed 18 months,provided that said mobile home shall be
occupied by the owner of record of said lot.
Such eighteen month period maybe extended by permission of the Board of Appeals,
upon good cause shown by the owner of the land on which the mobile home is
located,and after a public hearing on same.
Said mobile home must be removed upon the completion of construction although
the 18 month time limit may not have fully expired.
2. Upon special approval of the Board of Appeals to be reviewed each year,one mobile
home for each property owner shall be permitted in all Agricultural and Low Density
Zones,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 2601 -ELDER COTTAGES. Elder cottages shall be permitted as accessory uses,
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upon obtaining special approval from the Board of Appeals,and subj ect to the following provisions
and conditions:
1 Use Limitations: An elder cottage shall not be occupied by more than two persons,
(a) Who shall be the same personsI enumerated on the application for the elder
cottage,
(b) Who shall be persons 55 years of age or older, and
(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, 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
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existing principal building.
(b) An elder cottage shall be constructed in accordance with all applicable laws,
regulations,codes and ordinances,including the Building Code. If an elder
cottage is a factory manufactured home or 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.
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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 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 maybe 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.
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(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.
(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 subj ect 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
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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 2602-EXTRACTION OR DEPOSIT OF FILL AND RELATED PRODUCTS.
1. In any zone 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 obtaining an approval pursuant to
this section.
2. For the purposes of this section,movement of fill from one area on a site to another
location on the site shall be considered a deposit and removal and shall be subject to
the fill permit requirements of this section if the requisite volume of fill is being
moved,unless such activity is an activity specifically excepted from the requirements
of this section by the provisions set forth below.
3. If the application is for deposit or extraction of more than 50 but less than 250 cubic
yards of fill,the approval may be given by the Town Engineer. If the application is
for deposit or extraction of 250 cubic yards or more, special approval shall be
obtained from the Board of Appeals.
4. In applying for such approval,the applicant shall submit to the Town Engineer a plan
of the proposed proj ect,showing property lines,and adj acent public ways,grades and
depths of proposed deposit or removal, soil types or fill types to be deposited or
removed, water courses, erosion control during and after construction, projected
duration of project, proposed regrading and replanting of the property upon
completion of the operation, and such other items as the Board of Appeals or Town
Engineer may require to adequately review the proposed project.
5. In those cases requiring a special approval from the Board of Appeals, 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.
6. The Board may impose such conditions upon the applicant as it deems necessary to
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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.
7. 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.
8. 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 reasonable conditions upon the applicant as
the Engineer deems necessary to protect the general welfare ofthe community,which
may include a reasonable time limit upon operations, reasonable standards for
performance, and the requirement that a performance bond or other security in a
reasonable amount be posted to insure compliance with the requirements of this
Ordinance and with any further reasonable conditions imposed by the Engineer.
9. 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(orbrought
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:
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(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 Board of Appeals)provided that such construction
occurs within three years of the final approval of such authority.
Notwithstanding the foregoing,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 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 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.
(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
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
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removed is less than 500 cubic yards.
Section 2603-LIMITATIONS ON VEHICLE REPAIR GARAGES AND GASOLINE
SALES STATIONS. No part of any building used as a vehicle repair garage or gasoline service
station and no filling pump, lift or other service appliance shall be.erected within 25 feet of any
residence zone or in any required side yard.
Section 2604-TELECOMMUNICATIONS FACILITIES.
I Purpose. The purpose of these supplemental regulations is to promote health,safety,
and the general welfare of the residents of the Town of Ithaca; to provide standards
for the safe provision of telecommunications consistent with applicable federal and
state regulations;to minimize the total number of telecommunications towers in the
community by encouraging shared use of existing and future towers and the use of
existing tall buildings and other high structures and by encouraging alternative
technologies that would minimize the need for multiple towers; and to minimize
adverse visual effects from telecommunications towers by requiring careful siting,
visual impact assessment, and appropriate landscaping.
2. Special Permit,Site Plan Approval and Variance. So long as telecommunications
facilities are deemed, under New Yorklaw, to be a utility, telecommunications
facilities may be constructed anywhere in the Town of Ithaca but only if the person
seeking to erect same shall have obtained a special permit and site plan approval
from the Planning Board in accordance with this section and the other provisions of
this ordinance governing issuance of special permits and site plan approvals prior to
any construction. If the proposed height of the telecommunications facility exceeds
the permitted height of structures in the zoning district in which the facility is
proposed to be located, notwithstanding any other provisions of this ordinance, a
height variance from the Board of Appeals shall also be required.
3. General Criteria. No special permit or renewal thereof or modification of a current
special permit relating to a telecommunications facility shall be authorized by the
Planning Board unless it finds that such telecommunications facility:
(a) is necessary to meet current or reasonably expected demands for services;
(b) conforms with all federal and state laws and all applicable rules or regulations
promulgated by the Federal Communications Commission (the "FCC"),
Federal Aviation Administration(the"FAA"), or any other federal agencies
having jurisdiction;
(c) is considered a public utility in the State of New York;
(d) is sited, designed and constructed in a mariner which minimizes (i) visual
impact to the extent practical and (ii) adverse impacts upon migratory and
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other birds and other wildlife;
(e) complies with all other requirements of this Ordinance, unless expressly
superseded herein;
(f) is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility;
(g) when including the construction of a tower, such tower is designed to
accommodate future shared use by at least two(2)other telecommunication
service providers. Any subsequent location oftelecommunication equipment
by other service providers on existing towers specifically designed for shared
use shall not require a new or modified special permit if there would be no
increase in the height of the tower and if the tower's original design was
adequate to accommodate the proposed additional equipment. However,the
additional equipment will require site plan review and issuance of a building
permit before construction occurs. At the option of the Building and Zoning
Enforcement Officer there may be required, before issuance of a building
permit,an engineer's certificate or report to the effect that with the proposed
additional equipment the existing tower continues to be safe and meets all
then currently applicable design and construction criteria in accordance with
generally accepted good engineering practices and generally accepted
industry standards.
4. Co-Location. The shared use of existing telecommunications facilities or other
structures shall be preferred to the construction of new facilities. Any special permit
application, renewal or modification thereof shall include proof that reasonable
efforts have been made to co-locate within an existing telecommunications facility
or upon an existing structure. The application shall include an adequate inventory
report specifying existing telecommunications facility sites and structures exceeding
seventy-five per cent (75%) of the height of the proposed tower within the search
range of the cell grid. The inventory report shall contain an evaluation of
opportunities for shared use as an alternative to the proposed location.
The applicant must demonstrate that the proposed telecommunications facility cannot
be accommodated on existing telecommunications facility sites in the inventory due
to one(1)or more of the following reasons:
(a) the planned equipment would exceed the structural capacity of existing and
approved telecommunications facilities or other structures, considering
existing and reasonably anticipated future use for those facilities;
(b) the planned equipment would cause radio frequency interference with other
existing or planned equipment,which cannot be reasonably prevented;
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(c) existing or approved telecommunications facilities or other structures do not
have space and cannot be modified to provide space on which proposed
equipment can be placed so it can function effectively and reasonably;
(d) other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures;
(e) the property owner or owner of the existing telecommunications facility or
other structure refuses to allow such co-location.
5. Priority of Siting Locations. In determining whether a site is appropriate, and if
it is determined a need exists for the telecommunications facility, the preferential
order of location, to the extent the same may be, or may be made, technically
feasible, is as follows:
(a) Co-located on existing telecommunications towers;
(b) Co-located on any other existing radio or other tower that would not require
any increase in height nor significant noticeable structural additions to
accommodate the telecommunications facility;
(c) Within any industrial zones or existing planned development zones that
permit industrial activities;
(d) Within any light industrial zones or existing planned development zones that
permit light industrial activities;
(e) Within any existing community commercial zones or existing planned
development zones which permits all of the activities permitted in a
community commercial zone;
(f) On any other property in the Town.
6, Dimensional Standards.
(a) A fall zone around any tower constructed as part of a telecommunications
facility must have a radius at least equal to the height of the tower and any
attached antennae. The entire fall zone may not include public roads and
must be located on property either owned or leased by the applicant or for
which the applicant has obtained an easement, and may not, except as set
forth below, contain any structure other than those associated with the
telecommunications facility. Ifthe facility is attached to an existing structure,
relief maybe granted by specific permission of the Planning Board on a case-
by-case basis if it is determined by such Board after submission of competent
evidence, that the waiver of this requirement will not endanger the life,
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health,welfare or property of any person. In granting any such waiver,the
Board may impose any conditions reasonably necessary to protect the public
or other property from potential injury.
(b) All telecommunication facilities shall be located on a single parcel.
(c) All telecommunication facilities shall comply with the setback, frontage,
minimum lot size, and yard standards of the underlying zoning district and
the fall zone requirements of this article. To the extent there is a conflict,the
more restrictive provision shall govern. The size of the leased or owned lot,
together with any land over which the applicant has obtained an easement,
shall be,at a minimum, sufficiently large to include the entire fall zone. All
lots leased or owned for the purpose of construction of a tower as part of
telecommunications facility shall conform, at a minimum, to the lot size
requirements of the underlying zoning district or the size of lot necessary to
encompass the entire fall zone(to the extent easements for any part of the fall
zone that extends outside the minimum lot sized permitted in the zoning
district have not been obtained),whichever requirement results in a larger lot.
(d) Notwithstanding provisions to the contrary of any other article of this
ordinance, the front, side, and rear yard requirements of the underlying
zoning district in which a telecommunications facility is erected shall apply
not only to a tower, but also to all tower parts including guy wires and
anchors, and to any accessory buildings.
7. Lighting and Marking.
(a) Towers shall not be artificially lighted and marked beyond the requirements
of the FAA.
(b) Notwithstanding the preceding paragraph,an applicant may be compelled to
add FAA-style lighting and marking, if in the judgment of the Planning
Board, such a requirement would be of direct benefit to public safety and
would not unduly adversely affect residents of any surrounding property.
8. Appearance and Buffering.
(a) The use of any portion of a telecommunications facility for signs,
promotional or advertising purposes, including but not limited to company
name,phone numbers,banners, streamers, and balloons is prohibited.
(b) The facility shall have the least practical visual effect on the environment,as
determined by the Planning Board. Any tower that is not subject to FAA
marking as set forth above shall otherwise:
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(i) have a galvanized finish, or shall be painted gray above the
surrounding tree line and gray or green below the tree line,as deemed
appropriateby the Planning Board, or
(ii) be disguised or camouflaged to blend in with the surroundings,to the
extent that such alteration does not impair the ability of the facility to
perform its designed function.
(c) Accessory structures shall maximize the use ofbuilding materials,colors,and
textures designed to blend in with the natural surroundings.
(d) Each application for a proposed facility shall be accompanied by a SEQR Full
Environmental Assessment Form ("Full EAF"). A Visual Environmental
Assessment Form("Visual EAF") shall be required as an addendum to the
Full EAF. The Planning Board may require submittal of a more detailed
visual analysis based on the contents of the Visual EAR
(e) The facility shall have appropriate vegetative buffering, reasonably
satisfactory to the Planning Board, around the fences of the tower base area,
accessory structures and the anchor points of guyed towers to buffer their
view from neighboring residences, recreation areas, or public roads. The
Planning Board may similarly require screening adjacent to waterways,
landmarks, refuges, community facilities, or conservation or historic areas
within common view of the public.
(f) Without limiting the requirements of the preceding paragraph, existing on-
site vegetation shall be preserved to the maximum extent possible, and no
cutting of trees exceeding four(4) inches in diameter(measured at a height
of four (4) feet off the ground) shall occur in connection with the
telecommunications facility prior to the granting of special permit and site
plan approval. Clearcutting of all trees in a single contiguous area exceeding
20,000 square feet shall be prohibited.
(g) The Planning Board may require additional information,such as line-of-sight
drawings, detailed elevation maps, visual simulations, before and after
renderings, and alternate tower designs to more clearly identify adverse
impacts for the purpose of their mitigation.
(h) Equipment or vehicles not used in direct support, renovations, additions or
repair of any telecommunications facility shall not be stored or parked on the
Facility site.
9. Access and Parking.
(a) Access ways shall make maximum use of existing public or private roads to
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the extent practicable. New access ways constructed solely for
telecommunication facilities must be at least twelve (12),but no more than
twenty-four (24) feet wide, and closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion potential.
(b) The road surface(driveways)shall be centered within access ways and shall
not comprise more than 60%of the width of the access way.
(c) Parking areas shall be sufficient to accommodate the usual number of service
vehicles expected on the premises at any one time. Space off of public
highways shall be provided (not necessarily in parking areas) to
accommodate the greatest number of service vehicles expected on the
premises at any one time.
(d) Driveways or parking areas shall provide adequate interior turn-around,such
that service vehicles will not have to back out onto a public thoroughfare.
10. Security.
(a) Towers, anchor points of guyed towers, and accessory structures shall each
be surrounded by fencing at least eight(8)ft.in height,the top foot of which
may, at the discretion of the Planning Board in deference to the character of
the neighborhood,be comprised of three-strands ofbarbed wire to discourage
unauthorized access to the site. The Planning Board may waive the
requirement of fencing if,in its discretion, it determines that other forms of
security are adequate, or that, by reason of location or occupancy, security
will not be significantly compromised by the omission,or reduction in size,
of the otherwise required fencing.
(b) Motion-activated or staff-activated security lighting around the base of a
tower or accessory structure entrance may be provided if such lighting does
not proj ect off the site. Such lighting should only occur when the area within
the fenced perimeters has been entered. .
(c) There shall be no permanent climbing pegs within fifteen (15) feet of the
ground of any tower.
(d) A locked gate at the junction of the access way and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such,gate must
not protrude into the public right-of-way.
11. Engineering and Maintenance.
(a) Site plans for all telecommunication facilities must be bear the seal of a
professional engineer licensed to practice in the State of New York. Every
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facility shall be built, operated and maintained to acceptable industry
standards,including but not limited to the most recent, applicable standards
of the Institute of Electric and Electronic Engineers ("IEEE") and the
American National Standards Institute("ANSI").
(b) Every Facility shall be inspected at least every second year for structural
integrity by a New York State licensed engineer. A copy of the inspection
report shall be submitted to the Building and Zoning Enforcement Officer.
Any unsafe condition revealed by such report shall be corrected within ten
days of notification of same to the record landowner on which the facility is
constructed. The time period for correction may, on application of the
landowner or owner of the facility,be extended by the Planning Board if it
is impracticable to complete the correction within said ten days and if there
is no imminent danger to life,limb,or other person's property. If the unsafe
condition is not corrected within the applicable time period,or if the required
inspection is not provided to the Town the special permit for construction of
the facility may, after a hearing by the Planning Board on at least ten days'
prior notice to the landowner of record given by certified mail,return receipt
requested,or other equally effective manner of providing notice,be revoked
by such Board. Revocation may occur only if the Board finds either(a)that
the required inspection has not been provided or(b) that there is an unsafe
condition which poses a risk of bodily injury or significant property damage.
Upon such revocation,the facility shall be removed or dismantled to the point
of removing all unsafe conditions.
(c) A safety analysis by a qualified professional must accompany any special
permit or site plan application, renewal thereof or modification, for the
purpose of certifying that general public electromagnetic radiation exposure
does not exceed standards set by the FCC or any permit granted by FCC.
(d) The municipality, at the expense of the applicant, may employ its own
consultants to examine the application and related documentation. In
addition,the applicant shall reimburse the Town for the costs of the Town,
including the time of the Building and Zoning Enforcement Officer, in
reviewing the application. The consultants that the Town may retain include,
but are not limited to, professional structural and/or electrical engineers,
attorneys,and other experts reasonably required by the Town to competently
and fully evaluate any application and the resulting construction. Such
consultants may be requested, among other matters, to make
recommendations as to whether the criteria for granting the special permit
have been met,including whether the applicant's conclusions regarding need,
co-location, safety analysis, visual analysis, and structural inspection, are
valid and supported by generally accepted and reliable engineering and
technical data and standards,and whether the telecommunications facility as
constructed is in compliance with the approved plans and in accordance with
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generally accepted good engineering practices and industry standards.
(e) To assure sufficient funds are available to the Town to pay for the consultants
referred to in the preceding subparagraph, any applicant shall be required to
deposit Review Fees in escrow,in accordance with the terms of any Town of .
Ithaca law, ordinance or resolution, as the same may amended from time to
time. Notwithstanding the provisions of any such law, ordinance or
resolution, the minimum initial escrow deposit for any telecommunication
facility application which anticipates construction of any type of tower shall
be$5,000 or the minimum prescribed by such law, ordinance or resolution
as in effect at the date of the application,whichever is greater.
12. Removal.
(a) At the time of submittal of the application for a special permit for a
telecommunications facility, the applicant shall submit an agreement to
remove all antennas, driveways, structures, buildings, equipment sheds,
lighting, utilities, fencing, gates, accessory equipment or structures,as well
as any tower(s)dedicated solely for use within a telecommunications facility
if such facility becomes technologically obsolete or ceases to perform its
originally intended function for more than twelve(12) consecutive months.
Upon removal of said facility, the land shall be restored to its previous
condition, including but not limited to the seeding of exposed soils.
(b) At the time of obtaining a building permit, the applicant must provide a
financial security bond for removal of the telecommunications facility and
property restoration, with the municipality as the assignee, in an amount
approved by the Planning Board,but not less than fifty thousand($50,000)
dollars.
(c) At times of modification of the special permit,the Planning Board may adjust
the required amount of the financial security bond to adequately cover
increases in the cost of removal of the telecommunications facility and
property restoration.
13. Application. The application for a special permit for the construction of a
telecommunications facility shall include, without altering any other application
requirements set forth in this Article or elsewhere in this ordinance;
(a) A completed project application form in such detail and containing such
information as the Town Planning Board may require.
(b) Completed Full EAF and Visual EAF.
(c) Site plan in accordance with the requirements for site plans generally,and if
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more detailed,in accordance with the site plan requirements of this section
including,without limitation
(i) The exact location including geographic coordinates of the proposed
telecommunications facility including any towers, guy wires and
anchors,if applicable;
(ii) The maximum height of the proposed facility, including all
appurtenances;
(iii) A detail of tower type, if any, including engineering drawings from
the tower manufacturer(monopole, guyed, free-standing,or other);
(iv) The location,type and intensity of any lighting on the tower;
(v) Property boundaries and names of all adjacent landowners;
(vi) Proof of the landowner's consent to the erection of the facility and
agreement to abide by the ordinance if the applicant is not the
landowner;
(vil) The location of all other structures on the property and all structures
on any adjacent property within one hundred feet of the property
lines,together with the distance of these structures from any proposed
tower;
(viii) The location,nature and extent of any proposed fencing,landscaping
and screening; and
(ix) The location and nature of any proposed utility easements and access
roads or drives.
(x) Engineer's certification that the telecommunication facility and all
related components have been designed in accordance with generally
accepted good engineering practices and in accordance with generally
accepted industry standards,and if constructed in accordance with the
plans the entire facility(including the soils of the site itself)will be
safe,will be in accordance with all applicable governmental building
codes, laws and regulations and in accordance with generally
accepted good engineering practices and industry standards,including
without limitation, acceptable standards as to stability,wind and ice
loads, and bird protection.
(d) Agreement that the applicant will negotiate in good faith with any subsequent
applicant seeking to co-locate a telecommunications facility on the initial
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applicant's structures. This agreement shall commit the initial applicant and
landowner and their respective successors in interest to:
(i) Respond in a timely, comprehensive manner to a request for
information from a potential shared-use applicant.
(ii) Negotiate in good faith for shared use by third parties.
(iii) Allow shared use if an applicant agrees in writing to pay reasonable
charges for same.
(iv) Make no more than a reasonable charge for shared use, based upon
generally accepted accounting principles. The charge may include
but is not limited to a pro rata share of the cost of site selection,
planning,project administration,land costs,site design,construction
and maintenance, financing,return on equity, and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference or causing
uses on the site to emit electromagnetic radiation in excess of levels
permitted by the FCC.
(e) The agreement for removal of the facility referred to above.
(f) Copies of all documents submitted to the FCC or any other governmental
agency having jurisdiction.
(g) Any applicable application or other fees,including any deposits required by
the Town for application to the costs of any consultants retained by the Town
as provided above.
14, Miscellaneous.
(a) Any special permit or site plan permit granted hereunder shall be valid only
for the dimensions and number of structures for the telecommunications
facility contained in original application as so approved. Any subsequent
changes or modifications shall require a new application for same following
the procedures set forth in this section.
(b) In considering the application the Planning Board may, if the application is
granted, impose such reasonable conditions as either body may deem
necessary to minimize any adverse impacts of the facility or its construction,
or to assure continued compliance with the terms of this ordinance.
(c) Whenever reference is made to an engineer's certificate or report in this
section,the same shall be provided by a professional engineer licensed in the
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State of New York who is reasonably satisfactory to the Planning Board.
ARTICLE XXVII: GENERAL PROVISIONS
Section 2700-BUILDING FLOOR AREA. No dwelling in any zone shall be erected or
altered so as to provide for less than 600 square feet of net enclosed floor area.
Section 2701 -SIDE YARD ON CORNER LOT. On a corner lot in a residence zone 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. On a corner lot in any other zone,the yard depth
on both streets shall be equal to the required front yard for adjoining properties on both streets.
Section 2702-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 2703 -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 above the level of the floor of the ground story or
3 feet above grade, whichever is lower.
Section 2704 -PROJECTIONS IN YARDS. Every part of a required yard shall be open
from its lowest point to the sky unobstructed,except for the ordinary proj ection of sills,belt courses,
pilasters, leaders, chimneys, cornices, eaves and ornamental features, provided that no such
projection may extend more than four feet into any required yard.
Bays including their cornices and eaves,may extend not more than four 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 four feet into any required yard.
Section 2705-REDUCTION OF LOT AREA. No lot shall hereafter be reduced or altered
so as to result in a lot or structure that does not meet the minimum area and yard requirements of this
ordinance. In the event a lot upon which stands a building is changed in size or shape, without an
appropriate approval or variance, so that the area and yard requirements of this ordinance are no
I complied with, such building shall not thereafter be occupied or -used until it is altered,
reconstructed or relocated so as to comply with these requirements. The provisions of this Section
shall not apply when a portion of a lot is taken for a public purpose.
Section 2706 -MORE THAN ONE BUILDING ON A LOT. Other than in a multiple
residence zone,there shall not be more than one principal building on any lot in any residential zone
(the term"residential zone"for the purposes of this section means Low Density,Lakefront,Medium
Density, High Density, and Multiple Residential Zones and Conservation Zones). When there is
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more than one principal building on a lot in any non-residential zone or in a multiple residence zone,
the space between such buildings must be at least equal to the sum of the side yards,or the sum of
the rear and the front yards,as the case may be,calculated as if each building was located on its own
individual lot in such zone.
Section 2707-PARKING FACILITIES.
1. All zones. The following provisions apply to all zones unless there are express
provisions applicable to a specific zone set forth below or elsewhere in this
Ordinance,in which event the express provision shall govern.
(a) if permitted or existing in a zone,the following uses shall be provided with
the following off-street parking facilities:
(i) School or other educational institutions -two spaces for each class
room.
(ii) Hospital sanitarium or nursing or convalescent home-One space for
each two beds.
(iii) Medical clinic - Four spaces for each doctor, or for each office in
which a medically-trained person is regularly in attendance,
whichever figure is larger.
(iv) Rooming house tourist house or bed and breakfast- One space for
each room offered to rent.
(v) Fraternity or sorority house or membership club-One space for each
four beds, or one space for each five members, whichever figure is
larger.
(vi) Churches or other houses of worship- One space for each four seats
or one space for each five members,whichever figure is larger.
(vii) Research and Development Facilities-One space for each 3 00 square
feet of gross floor area or one space per employee,whichever yields
the higher number of spaces.
(viii) Multi-family dwellings: Every building in any zone housing or
designed to house more than two 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,plus one space for every three dwelling units.
(b) Notwithstanding any other provisions of this Ordinance, if an existing or
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proposed project permitted in any zone (including the uses set forth in
subparagraph (a) above as well as the uses referred to in various zones
referenced below) 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: that 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.
(c) 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:
(i) 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.
(ii) Any land made available by virtue of such reduction be landscaped
with grass or other vegetation approved by the Planning Board.
(iii) 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
(A) the demand for parking spaces on the project site exceeds on
more than two occasions annually the number of parking
spaces available; or
(B) the traffic flow through the parking area 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 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 terns 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
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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.
(iv) 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.
(d) Parking spaces shall be surfaced with black-top,compacted gravel, or other
dust-free material, and must be graded so as to drain properly.
(e) The Planning Board,in conducting site plan reviews,is authorized, for good
cause shown and providing there is no adverse effects on the project, on the
surrounding properties, or on the neighborhood, to allow a reduction of the
standard size of a parking space to less than the otherwise required 180
square feet, exclusive of circulation and turning areas.
2. All zones except Mobile Home Park Zones:
(a) If permitted or existing in a zone,the following uses shall be provided with
the following off-street parking facilities:
(i) One and Two Family Dwellings - Two garage or off-street parking
spaces for each dwelling unit. No parking shall be located more than
200 feet from the dwelling unit it is intended to serve.
Notwithstanding any other provision herein,off-street parking spaces
outside of garages maybe located in any required front yard provided
that no more than 15%of any required front yard is so occupied.
(ii) Buildings with more than two dwelling units - One garage or lot
parking space shall be provided for each dwelling unit, plus one
additional lot space for every three dwelling units. No parking shall
be located farther than 200 feet from the dwelling unit it is intended
to serve.
(iii) Any ofthe uses specifically enumerated below in Commercial Zones:
The same number of spaces as are required in a Commercial Zone.
(b) Unless authorized by the Planning Board during site plan review processes,
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or by the Board of Appeals as a variance, no parking is permitted in any
required front, side or rear yard.
(c) The Planning Board is authorized to permit parking in a required front, side
or rear yard in course of considering site plan approval,provided the Planning
Board finds:
(i) That the particular use,nature,or location of the proposed project or
building,requires that parking be in one of such yards;
(ii) It is not practicable to limit parking to areas outside the required
yards;
(iii) Parking in such yards does not significantly adversely affect adjacent
properties or the character of the neighborhood; and
(iv) No such parking will occur in any buffer areas.
(d) In conducting any required site plan review, if the Planning Board finds,
utilizing the site plan criteria set forth elsewhere in this Ordinance, that the
particular use, nature, or location of the project under review, or other
circumstances,require that parking be to the rear of the principal building on
the site to mitigate or avoid adverse effects on the project, on adjacent
properties,or on the neighborhood generally,the Planning Board.shall have
the authority to require the parking to be so located.
3. Agricultural Zones:
(a) Agricultural activities other than set forth below: A minimum of one parking
space shall be provided for every two (2) employees or, in the case of uses
authorized by special permit only, one space for each 2500 square feet of
interior floor area, excluding basements used for storage,whichever results
in the larger number of required spaces.
(b) Dwelling_units:As set forth above in paragraph 2 entitled"All zones except
Mobile Home Park Zones."
(c) Retail sales or road side stands: one space for each 200 square feet of
enclosed floor area.
4. Mobile Home Park Zones.
(a) Dwelling units: One garage or lot parking space shall be provided for each
mobile home, plus one additional lot space for each 3 mobile homes. No
parking lot shall be located farther than 100 feet from the dwelling unit it is
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intended to serve. Parking spaces and access to same shall be paved with
asphalt, concrete, or other solid material.
(b) Any of the uses referred to above in paragraph 1 entitled"All zones": The
number of spaces required by the terms of paragraph I entitled"All zones."
(c) Any of the uses specifically enumerated below in 12aragggpli 5 entitled
"Commercial Zones": The same number of spaces as are required by the
terms of paragraph 5 entitled"Commercial Zones."
5. Commercial Zones. Parking requirements shall be as follows:
(a) Commercial buildings: 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:
(i) Office or bank building: one space for each 200 square feet of office
or bank floor area.
(ii) Auditorium, stadium, theater, or other place of public ass
Funeral home or mortuM,,or restaurant: one space for each 5 seats.
(iii) Bowling alley: three spaces for each lane.
(iv) Retail stare: 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.
(v) Hotel, motel: one space for each guest room, which space must be
available at night.
(vi) Skating rink and dance hall: parking spaces equal in number to 20
per cent of the maximum capacity of the facility(maximum number
of persons) authorized for fire protection purposes.
6. Light Industrial Zones. Light Industrial Buildings: A minimum of one parking
S"V .1 employees or one space for each 1200
ace shall be provided for every two (2)
square feet of interior floor area, excluding basements used for storage,whichever
results in the larger number of required spaces, except in the case of the following
uses for which off-street parking shall be provided as follows:
(a) Office building: one space for each 200 square feet of office floor area.
(b) Warehouse: one space for each two employees or one space for each 2500
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square feet of interior space,whichever is greater.
7. Industrial Zones. Industrial Buildings: A minimum of one parking space shall be
provided for every two (2) employees or one space for each 1200 square feet of
interior floor area, excluding basements used for storage, whichever results in the
larger number of required spaces,except in the case of the following use for which
off-street parking shall be provided as follows:
(a) Office building: one space for each 200 square feet of office floor area.
(b) Warehouse: one space for each two employees or one space for each 2500
square feet of interior space, whichever requires the greater number of
parking spaces.
Section 2708 - APPROVAL OF COUNTY HEALTH DEPARTMENT. No building
permit, special permit, special approval, 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
ofthe Tompkins County Health Department under the terms of the Tompkins County Sanitary Code.
Where minimum lot sizes are specified in this ordinance,the same shall be subject to the approval
of the Tompkins County Health Department or any successor agency, and if such Department or
successor requires larger lots to comply with the County Sanitary Code or any other local,county,
state or federal law, rule or regulation, the requirements of such Department or successor shall
govern.
Section 2709-ABANDONED CELLAR HOLES AND BUILDINGS. Within one year
after work on any excavation for abuilding 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.
Section 2710 - AGRICULTURAL LANDS IN COUNTY AGRICULTURAL.
DISTRICTS. Notwithstanding any other provisions of this Ordinance, mobile homes may be
located in any zone on or adjacent to lands used in agricultural production located in an Agricultural
District created pursuant to Agriculture and Markets Law Section 303 or any replacement or
successor statute(such homes being sometimes hereafter referred to as"farm labor homes"and such
districts sometimes being referred to as a"County Agricultural District") subject to the following:
1. Such mobile home shall be physically located within a County Agricultural District.
2. If more than one mobile home is to be located on a farm.,no building permit shall be
issued for such second or additional mobile home unless the proposed mobile home
is shown on, and located in accordance with, a site plan approved pursuant to the
provisions of Article XXM.
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3. Such mobile home shall only be used in connection with the operation of a farm and
shall be leased to, or occupied by, only persons who are, or families at least one
member of which is,employed by the farm operator operating the lands on which the
mobile home is located.
4. In conducting the site plan review, in addition to any other authority granted the
Planning Board by the Ordinance,the Board is authorized to reduce the minimum lot
size from that otherwise required by the terms of the Ordinance to the minimum
permitted by the Tompkins County Health Department,if on-site septic systems are
to be used, or 15,000 square feet,whichever is larger.
5. The farm labor home shall be subject to the same residential set-back and other yard
requirements of the zone in which the same is located.
6. The provisions prohibiting more than one principal building on a lot are waived for
farm labor homes in a County Agricultural District.
7. Such mobile home shall be removed if not utilized for housing farm laborers for three
or more successive years, or if the property on which the mobile home is located
ceases to be a farm operation for a period of three or more years.
8. Any site plan approval granted under this section shall be for a period requested by
the applicant,but in no event longer than five years,provided that the same shall be
renewed for additional periods of up to five years each upon application of the farm
operator if the conditions relating to the granting of the initial site plan approval still
exist.
9. For the purpose of this section,the term"land used in agricultural production"shall
have the same meaning as set forth in Agriculture and Markets Law Section 301 (4)
or any replacement or successor statute.
ARTICLE XXVIII: ADMINISTRATION
Section 2800 ENFORCEMENT, This ordinance shall be enforced by the Director of
Building and Zoning or any other person designated by the Town Board, and duly appointed
deputies, all herein collectively referred to from time to time as the Code Enforcement Officer.
Section 2801-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 2802-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
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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 Code Enforcement Officer, 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;
(e) Do not include the installation of solid fuel burning heating appliances and
associated chimneys and flues; and
(f) In the case of buildings that are subject to site plan approval procedures,do
not materially alter the exterior appearance of the building.
2. An accessory building in an agricultural or residential district, provided that such
building:
(a) Costs less than$3,000.00;
(b) Is less than 12 feet in height;
(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 Lakefront Residential Zones, Low, Medium, and High Density
Residential Zones,Mobile Home Park Zones,Conservation Zones and Agricultural
Zones 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.
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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 anyprovision 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 Code Enforcement Officer 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.
Unless there has been substantial progress in the work for which a building permit was issued,said
building permit shall expire one year from the date of issue.
Section 2803-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 ofthe 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 2804- ZONING BOARD OF APPEALS. There is hereby established a Zoning
Board of Appeals which shall function in.the manner prescribed by law{except as the same may be
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superseded by the terms of this Ordinance as set forth below).
1. (a) There shall be five members of the Zoning Board of Appeals. The members
of the Zoning
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 mariner.No person who is a member of the Town Board
shall be eligible for membership on the Zoning Board of Appeals.
(b) There may be appointed additionally up to two alternate members of the
Zoning Board of Appeals, either of which alternate may substitute for a
regular member of the Board in the event such regular member is unable to
serve because of a conflict of interest, illness, extended (longer than one
month) absence from the Town, or is otherwise disqualified. Alternate
members shall be appointed by resolution of the Town Board for terms
established by the Town Board. The chairperson of the Zoning Board of
Appeals may designate an alternate member to substitute for a regular
member in the event a regular member is unable to participate because of any
reason enumerated above. To the extent this provision is inconsistent with
Town Law Section 267 (11) it is intended to supersede such section, in
accordance with Municipal Home Rule Law Section 10 1 (ii)d(3). All other
rights,responsibilities and procedures related to alternate members set forth
in said Section 267 shall apply.
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 Zoning 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 administer oaths and compel the attendance of witnesses.
The Zoning Board of Appeals may appoint a secretary who shall take minutes of all
its meetings and keep its records.
3. The Zoning 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.
a 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 Zoning Board of Appeals.
5. The Zoning 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.
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
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decision of said person where such order or decision is based upon the requirements
of this ordinance.
6. The Zoning Board of Appeals,on appeal from the decision or determination of the
Code Enforcement Officer, shall have the power to grant use and area variances(as
the same are defined in Town Law Section 267). In doing so,in addition to any other
requirements set forth in this Ordinance, the Zoning Board of Appeals, in
determining whether to grant a use or 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 2 and 3 or any successor statute.
7. The Zoning 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 Zoning Board of Appeals shall follow the procedures and apply the criteria set
forth in the article of this Ordinance entitled Special Permits and Special Approvals.
8. At the option of the Zoning Board of Appeals,it may refer a matter to the Planning
Board for a recommendation before taking action. Such referral shall not extend the
time within which the Zoning Board of Appeals, by law, must act. Failure of the
Planning Board to timely respond to such a referral shall not preclude action by the
Zoning Board of Appeals nor otherwise affect the validity of any actions taken by the
Zoning Board of Appeals.
9. In granting variances or special approvals 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 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 or approval may have on the neighborhood or
community.
10. Unless work has commenced in accordance with the variance or special approval
given by the Zoning 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 2805-PLANNING BOARD. There is hereby established a Planning Board which
shall function in the manner prescribed by law(except as the same may be superseded by the terms
of this Ordinance as set forth below).
1 (a) There shall be seven members of the Planning Board. The members of the
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Planning Board 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 Planning Board. To the extent
reasonably possible, and in the sole discretion of the Town Board, one or
more of the members may be an Agricultural Member as defined in Section
271 of the Town Law.
(b) There may be appointed additionally up to two alternate members of the
Planning Board,either of which alternate may substitute for a regular member
of the Board in the event such regular member is unable to serve because of
a conflict of interest,illness,extended(longer than one month)absence from
the Town,or is otherwise disqualified. Alternate members shall be appointed
by resolution of the Town Board for terms established by the Town Board.
The chairperson of the Planning Board may designate an alternate member
to substitute for a regular member in the event a regular member is unable to
participate because of any reason enumerated above. To the extent this
provision is inconsistent with Town Law Section 271 (15) it is intended to
supersede such section, in accordance with Municipal Home Rule Law
Section 10 1 (ii) d (3). All other rights, responsibilities and procedures
related to alternate members set forth in said Section 271 shall apply.
1 The Town Board shall designate the chairperson of the Planning Board. The
Planning Board 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 Planning Board shall choose one of its number as acting chairperson.
Such chairperson,or the party acting as chairperson in the chairperson's absence,may
administer oaths and compel the attendance of witnesses. The Planning Board may
appoint a secretary who shall take minutes of all its meetings and keep its records.
3. The Planning Board 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. The Planning Board shall, in accordance with the provisions of this Ordinance and
in accordance with the provisions of Town Law Sections 271 et. seq. hear and
determine site plan approval requests, special permit requests, subdivision
applications, and such other matters as may be referred to such Board under this
Ordinance or otherwise.
5. The Planning Board,in making any determination shall have the powers granted to
Planning Boards by, and shall apply the procedures and criteria set forth in, this
Ordinance, the laws of the State of New York, and any other law, ordinance, or
resolution duly adopted at any time by the Town Board or Planning Board.
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6. In granting site plan approvals, special permits, subdivision approvals, or in taking
any other actions in response to any application, 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 special permit or other
approval 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 permit or approval may have on the
neighborhood or community.
7. Unless work has commenced in accordance with the site plan approval or special
permit given by the Planning Board within one year from the issuance of the building
permit authorizing such work, or within eighteen months of the granting of such
approval or special permit,whichever is earlier,not only the building permit but the
approval or special permit shall expire and the permissible uses and construction on
the property shall revert to those in effect prior to the issuance of such approval or
special permit.
8. In making recommendations to the Town Board and the Zoning Board of Appeals,
the Planning Board shall determine that:
(a) There is a need for the proposed use in the proposed location.
(b) The existing and probable future character of the neighborhood in which the
use is to be located will not be adversely affected.
(c) The proposed change or use is in accordance with a comprehensive plan of
development of the Town.
Section 2806-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, or determination is being sought from 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 subdivision approval, a site plan approval, or special permit is being
sought from the Planning Board, the notice shall be posted before the first
Planning Board public hearing on the application.
(c) If a determination is being sought which requires affirmative action by both
the Zoning.Board of Appeals and the Planning Board, the notice shall be
posted before the first public hearing before either Board occurs.
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(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 Planner or Town Building Inspector and Zoning Enforcement
Officer finds that the particular circumstances of an application warrants more signs
than required by this provision,the applicant shall post such additional signs as may
be directed by either of such officers.
4. Such signs shall be continuously maintained by the applicant and displayed facing
the roadway until final action has been taken by the Board involved approving or
denying the application or appeal,or until the application is withdrawn. Signs shall
be removed within 15 days of the final action or withdrawal of the application.
5. The required signs shall be obtained from the Town Planner, Town Building
Inspector and Zoning Enforcement Officer, or Town Clerk and shall contain the
information set forth on the form of sign supplied by the Town. There shall be no fee
for the first sign. If additional signs are required the applicant shall pay a non-
refundable fee for each subsequent sign or replacements thereof. The fee shall be
$3.00 per sign.
6. Failure to post or maintain the signs as provided in this section shall not be a
jurisdictional defect and any action taken by any Board in connection with the
application shall not be nullified or voidable by reason of the failure to comply with
this section. However, the failure to post or maintain the sign may be grounds,
should the Board involved in its discretion so determine, to deny the application
sought or to decline to hear the matter at the scheduled meeting date by reason of the
failure to have the appropriate signs installed and/or maintained. The appropriate.
Board may, on good cause shown,waive the requirement of the posting of signs as
called for by this section.
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Section 2807-ENTRY AND INSPECTION. The Code Enforcement Officer shall have
the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any
building or property,for the purpose of carrying out the provisions ofthis Ordinance after reasonable
written notice of intent to examine or inspect has been provided to a property owner,and permission
of the owner has been granted.If such permission is denied,access shall be pursued by the Attorney
for the Town,who shall be notified by the Code Enforcement Officer of such denial. Pending the
granting of such access or inspection,no further permits,certificates of occupancy or other approvals
shall be granted by the Code Enforcement Officer or any other agency or board of the Town.
Section 2808-VIOLATIONS AND PENALTIES. Pursuant to Section 268 of the Town
Law any person,firm,corporation or other entity violating any provision of this Ordinance shall be
deemed guilty of an offense and upon conviction thereof shall be subj ect 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 the Planning Board or the Zoning
Board of Appeals may refuse a special permit, special approval, preliminary or final site plan
approval to an applicant as long as the applicant, or any person or entity under the control of or
controlled by the applicant,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 granted special permit,
special approval, or final site plan approval in the Town of Ithaca.
Section 2809-AMENDMENTS. This ordinance may be amended as provided by law.
Section 2810 - VALIDITY. The invalidity of any section or provision of this ordinance
shall not invalidate any other section or provision thereof.
. Section 2811-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 to read as set forth in this
Ordinance, except as expressly provided otherwise in this Ordinance. This re-adoption and re-
enactment and the adoption of any amendment shall not affect any pending, or prevent any future
prosecution of any, action to abate any violation existing at the time this Ordinance is re-adapted,
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 2812 - FEES. The fees, escrow deposits, review costs, public hearing fees and
inspection fees for subdivision,variance,site plan and other similar applications and approvals,and
for building permits, Use Permits, Operating Permits and any other similar permit, shall be as set
forth in the most recent local law,ordinance,or resolution adopted by the Town Board establishing
such fees,deposits and costs 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
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therein.
Section 2813 - WHEN EFFECTIVE. This revised and restated ordinance shall become
effective April 1, 2004,herein referred to as the"Effective Date".
Section 2814-TRANSITION PROVISIONS.
1. This revised, restated and amended Ordinance shall apply to all applications for
building permits, site plan approvals, subdivision approvals, special approvals,
special permits, or any other approval or authorization hereunder, submitted on or
after the Effective Date.
2. If a completed application is submitted prior to the Effective Date and if such
application is diligently prosecuted to conclusion,the application shall be governed
by the provisions of the zoning ordinance in effect immediately prior to the Effective
Date,unless the applicant elects by written notice accompanying the application or
delivered within areasonable time after submission of the application to be governed,
by the provisions of this revised,restated and amended ordinance as in effect on and
after the Effective Date. For the purposes of this section only, an application shall
be deemed"completed" if it contains all required information, materials, and fees
normally and reasonably required by the appropriate Town official(s) (e.g. Director
of Planning with respect to subdivision, special permit, rezoning, planned
development area,and site plan approval applications,the Director of Building and
Zoning with respect to building permit,variance,and special approval applications,
and the Director of Engineering with respect to fill permit applications) including
initial SEQR forms, to commence the review process by the appropriate Town
official or board. An application shall be deemed "diligently prosecuted to
conclusion"if the applicant promptly responds to any inquiries and promptly supplies
any additional information reasonably required by the reviewing Town officials
and/or boards, appears at all required scheduled public hearings, and otherwise
cooperates so as to permit and enable the appropriate Town officials and/or boards
to adequately and completely review the application and render a decision on same
within a reasonable period of time of its submission, and in any event within nine
months of its submission.
3. The Town Board may, with respect to a specific application, if an applicant
demonstrates
(a) severe, adverse economic impact will result to the applicant if the revised,
restated ordinance is applied to the applicant's application because of a
substantial expenditure of funds by the applicant prior to the adoption of the
revised, restated ordinance and in reliance upon the provisions of the
ordinance in effect prior to the Effective Date; or
(b) delay in rendering a decision by the applicable official or board is due to the
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failure of such official or board to act within a reasonable period of time and
not due to any failure or default by the applicant;
extend byno more than four additional months the privilege ofhaving the application
be governed by the provisions of the zoning ordinance in effect prior to the Effective
Date, or extend by no more than four additional months the nine month period
within which diligent prosecution of the application must be completed to obtain the
benefit of utilizing the pre-Effective Date ordinance provisions. An application for
extension under this subsection must be made prior to, or within 30 days after,the
end of any applicable period by written request to the Town Clerk or Town
Supervisor setting forth the requested relief and the grounds for same,
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Newzoneor2,December 8,2003 version;wp80;JCB Zoning;Hal; printed November 20,2003
TOWN OF ITHACA
ZONING ORDINANCE
TABLE OF CONTENTS
Page
ARTICLE I TITLE
Section 100 - TITLE 1
ARTICLE II PURPOSE
Section 200 - PURPOSE I
ARTICLE III INTERPRETATION AND DEFINITIONS
Section 300 - INTERPRETATION OF MEANINGS 1
Section 301 - CONTROLLING REGULATION 2
Section 302 - DEFINED TERMS 2
ARTICLE IV ESTABLISHMENT OF ZONES
Section 400 - ZONES 14
Section 401 - CONTINUATION OF SPECIAL LAND USE DISTRICTS 15
Section 402 - ZONE BOUNDARIES 15
Section 403 -PROHIBITION OF USES 16
ARTICLE V CONSERVATION ZONES
Section 500 - PURPOSE 16
Section 501 -PERMITTED PRINCIPAL USES 17
Section 502 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 18
Section 503 - ADDITIONAL REQUIREMENTS FOR SPECIAL PERMIT 18
Section 504 -PERMITTED ACCESSORY BUILDINGS OR USES 19
Section 505 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 19
Section 506 - HEIGHT LIMITATIONS 20
Section 507 - YARD REGULATIONS 20
Section 508 - LOT COVERAGE 21
Section 509 - SIZE AND AREA OF LOT 21
Section 510 - CLUSTERING 21
Section 511 - PARKING 22
Section 512 - ADDITIONAL REQUIREMENTS AND RESTRICTIONS 22
Section 513 - .PARK.AND RECREATION SET-ASIDES AND FEES IN
LIEU THEREOF 24
Section 514 - SITE PLAN APPROVAL 24
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ARTICLE VI AGRICULTURAL ZONES
Section 600 -PURPOSE 24
Section 601 -PERMITTED PRINCIPAL USES 25
Section 602 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 26
Section 603 -PRINCIPAL USES AUTHORIZED BY SPECIAL APPROVAL
ONLY 28
Section 604 - PERMITTED ACCESSORY BUILDINGS AND USES 29
Section 605 - ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 29
Section 606 -HEIGHT LIMITATIONS 30
Section 607 -YARD REGULATIONS 31
Section 608 - BUILDING AREA 32
Section 609 - SIZE AND AREA OF LOT 32
Section 610 -DENSITY LIMITATIONS AND LIMITATIONS ON
SUBDIVISION OF PARENT TRACTS 32
Section 611 -PARKING 33
Section 612 - ADDITIONAL SPECIAL REQUIREMENTS 33
Section 613 - SITE-PLAN APPROVAL 34
Section 614 -RIGHT TO FARM 34
ARTICLE VII LAKEFRONT RESIDENTIAL ZONES
Section 700 - PURPOSE 34
Section 701 - PERMITTED PRINCIPAL USES 34
Section 702 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 35
Section 703 -PERMITTED ACCESSORY STRUCTURES AND USES 35
Section 704 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 36
Section 705 -ACCESSORY STRUCTURES AND USES AUTHORIZED
BY SPECIAL PERMIT ONLY 36
Section 706 - HEIGHT LIMITATIONS 39
Section 707 -YARD REGULATIONS 39
Section 708 -BUILDING AREA 40
Section 709 - SIZE AND AREA OF LOT 40
Section 710 - SPECIAL PROPERTIES 41
Section 711 -PARKING 41
Section 712 - SPECIAL REQUIREMENTS 41
ARTICLE VIII LOW DENSITY RESIDENTIAL ZONES
Section 800 -PURPOSE 41
Section 801 -PERMITTED PRINCIPAL USES 42
Section 802 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 42
Section 803 -PERMITTED ACCESSORY BUILDINGS AND USES 43
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Section 804 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 44
Section 805 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL PERMIT ONLY 45
Section 806 - HEIGHT LIMITATIONS 45
Section 807 - YARD REGULATIONS 45
Section 808 - BUILDING AREA 46
Section 809 - SIZE AND AREA OF LOT 46
Section 810 - SPECIAL PROPERTIES 46
Section 811 - PARKING 47
ARTICLE IX MEDIUM DENSITY RESIDENTIAL ZONES
Section 900 -PURPOSE 47
Section 901 - PERMITTED PRINCIPAL USES 47
Section 902 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 47
Section 903 - PERMITTED ACCESSORY BUILDINGS AND USES 48
Section 904 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 49
Section 905 - HEIGHT LIMITATIONS 50
Section 906 - YARD REGULATIONS 50
Section 907 - BUILDING AREA 51
Section 908 - SIZE AND AREA OF LOT 51
Section 909 - SPECIAL PROPERTIES 51
Section 910 -PARKING 51
ARTICLE X HIGH DENSITY RESIDENTIAL ZONES
Section 1000 -PURPOSE 51
Section 1001 -PERMITTED PRINCIPAL USES 51
Section 1002 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 52
Section 1003 -PERMITTED ACCESSORY BUILDINGS AND USES 53
Section 1004 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 53
Section 1005 -HEIGHT LIMITATIONS 54
Section 1006 -YARD REGULATIONS 54
Section 1007 -BUILDING AREA 54
Section 1008 - SIZE AND AREA OF LOT 54
Section 1009 - SPECIAL PROPERTIES 55
Section 1.010 -PARKING 55
ARTICLE XI MOBILE HOME PARK ZONES
Section 1100 -PURPOSE 55
Section 1101 -MINIMUM AREA 55
Section 1102 -PERMITTED PRINCIPAL USES 55
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Section 1103 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 56
Section 1104 -PERMITTED ACCESSORY USES 56
Section 1105 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 56
Section 1106 -HEIGHT LIMITATIONS 57
Section 1107 -YARD REGULATIONS 57
Section 1108 -BUILDING AREA 57
Section 1109 -LOT AREA 57
Section 1110 - SPECIAL REQUIREMENTS 58
Section 1111 - SITE PLAN APPROVALS 59
ARTICLE XII MULTIPLE RESIDENCE ZONES
Section 1200 -PURPOSE 59
Section 1201 -PERMITTED PRINCIPAL USES 60
Section 1202 -PERMITTED ACCESSORY BUILDINGS AND USES 60
Section 1203 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 61
Section 1204 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 61
Section 1205 -MINIMUM AREA FOR MULTIPLE RESIDENCE ZONE 61
Section 1206 -HEIGHT LIMITATIONS 61
Section 1207 - YARD REGULATIONS 61
Section 1208 -BUILDING AREA 62
Section 1209 - MINIMUM USEABLE OPEN SPACE 62
Section 1210 - SIZE AND AREA OF LOT 62
Section 1211 -PARKING 62
Section 1212 -ADDITIONAL SPECIAL REQUIREMENTS 62
Section 1213 - SITE PLAN APPROVAL 63
ARTICLE XIII COMMERCIAL ZONES GENERALLY
Section 1300 - PURPOSE 64
Section 1301 -PERMITTED ACCESSORY USES 64
Section 1302 -MINIMUM AREA FOR COMMERCIAL ZONE 65
Section 1303 -HEIGHT LIMITATIONS 65
Section 1304 -YARD REGULATIONS 65
Section 1305 -BUILDING AREA 65
Section 1306 -MINIMUM USEABLE OPEN SPACE 65
Section 1307 - SIZE AND AREA OF LOT 65
Section 1308 -PARKING 66
'Section 1309 - ADDITIONAL SPECIAL REQUIREMENTS 66
Section 1310 -DRIVE-THROUGH OPERATIONS 67
Section 1311 - SITE PLAN APPROVAL 67
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ARTICLE XIV NEIGHBORHOOD COMMERCIAL ZONES
Section 1400 - PURPOSE 67
Section 1401 -PERMITTED PRINCIPAL USES 67
Section 1402 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 68
Section 1403 -MAXEVIUM BUILDING SIZE 69
ARTICLE XV OFFICE PARK COMMERCIAL ZONES
Section 1500 - PURPOSE 70
Section 1501 -PERMITTED PRINCIPAL USES 70
Section 1502 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 70
Section 1503 -ADDITIONAL PERMITTED ACCESSORY USES 71
ARTICLE XVI COMMUNITY COMMERCIAL ZONES
Section 1600 -PURPOSE 71
Section 1601 -PERMITTED PRINCIPAL USES 71
Section 1602 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 72
ARTICLE XVII VEHICLE FUELING AND REPAIR COMMERCIAL ZONES
Section 1700- PURPOSE 73
Section 1701 -PERMITTED PRINCIPAL USES 73
Section 1702 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 74
ARTICLE XVIII LAKEFRONT COMMERCIAL ZONES
Section 1800 -PURPOSE 74
Section 1801 -PERMITTED PRINCIPAL USES 74
Section 1802 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 74
Section 1803 -ACCESSORY USE AUTHORIZED BY SPECIAL
PERMIT ONLY 75
ARTICLE XIX LIGHT INDUSTRIAL ZONES
Section 1900 -PURPOSE, 75
Section 1901 -PERMITTED PRINCIPAL USES 75
Section 1902 -ADULT ENTERTAINMENT USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 75
Section 1903 -PERMITTED ACCESSORY BUILDINGS AND USES 76
Section 1904-MINIMUM AREA FOR A LIGHT INDUSTRIAL ZONE 77
Section 1905 -HEIGHT LIMITATIONS 77
Section 1906 -YARD REGULATIONS 77
Section 1907 -BUILDING AREA 78
Section 1908 -MINIMUM USEABLE OPEN SPACE 78
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Section 1909 - SIZE AND AREA OF LOT 78
Section 1910 -PARKING 78
Section 1911 - ADDITIONAL SPECIAL REQUIREMENTS 78
Section 1912 -PERFORMANCE STANDARDS 78
Section 1913 - SITE PLAN APPROVAL 80
ARTICLE XX INDUSTRIAL ZONES
Section 2000 -PURPOSE 80
Section 2001 - PERMITTED PRINCIPAL USES 80
Section 2002 -PROHIBITED USES 80
Section 2003 -PERMITTED ACCESSORY BUILDINGS AND USES 81
Section 2004 -PLACEMENT OF ACCESSORY STRUCTURES 81
Section 2005 -MINIMUM AREA FOR AN INDUSTRIAL ZONE 81
Section 2006 -HEIGHT LIMITATIONS 82
Section 2007 -YARD REGULATIONS 82
Section 2008 -BUILDING AREA 82
Section 2009 -MINIMUM USEABLE OPEN SPACE 82
Section 2010 - SIZE AND AREA OF LOT 82
Section 2011 - PARKING 82
Section 2012 - ADDITIONAL SPECIAL REQUIREMENTS 83
Section 2013 -PERFORMANCE STANDARDS 83
Section 2014 - SITE PLAN APPROVAL 83
ARTICLE XXI PLANNED DEVELOPMENT ZONES
Section 2100 -PURPOSE 83
Section 2 101 - ESTABLISHMENT AND LOCATION 84
Section 2102 -PERMITTED PRINCIPAL AND ACCESSORY USES 84
Section 2103 - ADDITIONAL REQUIREMENTS - 84
Section 2104 -MINIMUM AREA FOR A PLANNED DEVELOPMENT
ZONE 84
Section 2105 -YARD AND OTHER REGULATIONS 84
Section 2106 - SITE PLAN APPROVAL 84
ARTICLE XXII PROCEDURES FOR CREATION OF NEW ZONES
Section 2200 -ZONES TO WHICH APPLICABLE 85
Section 2201 - GENERAL PROVISIONS 85
Section 2202 -PROCEDURES FOR CREATION OF ZONE 85
ARTICLE XXIII SITE PLAN REVIEW AND APPROVAL PROCEDURES
Section 2300 - PURPOSE 87
Section 2301 - REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY 87
Section 2302 - APPLICABILITY 87
Section 2303 - PROCEDURE 88
Section 2304 - SITE PLAN REQUIREMENTS 89
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Section 2305 -WAIVER OF REQUIREMENTS 94
Section 2306 - CONSIDERATIONS FOR APPROVAL 94
Section 2307 -LIMITATIONS ON CONSTRUCTION 95
Section 2308 -RESERVATION OF PARKLAND ON SITE PLAN
CONTAINING RESIDENTIAL UNITS 95
Section 2309 -MODIFICATIONS OF SITE PLANS 95
Section 2310 -LETTER OF CREDIT 97
Section 2311 - COMPLETION OF IMPROVEMENTS 97
Section 2312 -EXPIRATION OF SITE PLAN APPROVAL 97
ARTICLE XXIV SPECIAL PERMITS AND SPECIAL APPROVALS
Section 2400 -PURPOSE 98
Section 2401 -REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY 98
Section 2402 - APPLICABILITY 98
Section 2403 -PROCEDURE 99
Section 2404 -WAIVER OF REQUIREMENTS 100
Section 2405 - CONSIDERATIONS FOR APPROVAL 100
Section 2406 -MODIFICATIONS OF SPECIAL PERMITS OR
SPECIAL APPROVALS 101
Section 2407 -EXPIRATION OF SPECIAL PERMIT OR SPECIAL
APPROVAL 101
ARTICLE XXV NON-CONFORMING USES
Section 2500 -NONCONFORMING LOTS OF RECORD 102
Section 2501 -NONCONFORMING USES OF LAND 102
Section 2502 -NONCONFORMING STRUCTURES 103
Section 2503 -NONCONFORMING USES OF STRUCTURES 103
Section 2504 -INTERRUPTION OF NONCONFORMING USE 104
Section 2505 - SINGLE FAMILY DWELLINGS ON NONCONFORMING
LOTS 104
Section 2506 - CONTINUATION OF CONSTRUCTION 104
Section 2507 -ALTERATIONS IN USE 105
Section 2508 -RESTORATION 105
Section 2509 -BOARD OF APPEALS DETERMINATION 105
Section 2510 -VARIANCE CRITERIA 106
Section 2511 - AMORTIZATION OF CERTAIN NONCONFORMING USES
RELATING TO PRE-1 991 RESIDENTIAL OCCUPANCIES 106
ARTICLE XXVI SPECIAL REGULATIONS
Section 2600 - MOBILE HOMES AND TRAILERS 107
Section 2601 - ELDER COTTAGES 107
Section 2602 - EXTRACTION OR DEPOSIT OF FILL AND
RELATED PRODUCTS 112
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Section 2603 -LIMITATIONS ON VEHICLE REPAIR GARAGES
AND GASOLINE SALES STATIONS 115
Section 2604 - TELECOMMUNICATIONS FACILITIES 115
ARTICLE XXVII GENERAL PROVISIONS
Section 2700 -BUILDING FLOOR AREA 125
Section 2701 - SIDE YARD ON CORNER LOT 125
Section 2702 -PORCHES AND CARPORTS 125
Section 2703 -FENCES AND WALLS 125
Section 2704 -PROJECTIONS IN YARDS 125
Section 2705 -REDUCTION OF LOT AREA 125
Section 2706 -MORE THAN ONE BUILDING ON A LOT 125
Section 2707 -PARKING FACILITIES 126
Section 2708 - APPROVAL OF COUNTY HEALTH DEPARTMENT 131
Section 2709 - ABANDONED CELLAR HOLES AND BUILDINGS 131
Section 2710 -AGRICULTURAL LANDS IN COUNTY AGRICULTURAL
DISTRICTS 131
ARTICLE XXVIII ADMINISTRATION
Section 2800 -ENFORCEMENT 132
Section 2801 - APPLICATIONS FOR APPROVALS, REMEDIES OR RELIEF 132
Section 2802 -PERMIT TO BUILD 132
Section 2803 - CERTIFICATE OF OCCUPANCY 134
Section 2804 -ZONING BOARD OF APPEALS 134
Section 2805 -PLANNING BOARD 136
Section 2806 -POSTING OF NOTICES 138
Section 2807 -ENTRY AND INSPECTION 140
Section 2808 -VIOLATIONS AND PENALTIES 140
Section 2809 - AMENDMENTS 140
Section 2810 -VALIDITY 140
Section 2811 -EXISTING ZONING ORDINANCE AMENDED, RE-
ADOPTED AND RE-ENACTED 140
Section 2812 -FEES 140
Section 2813 - WHEN EFFECTIVE 141
Section 2814 - TRANSITION PROVISIONS 141
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ARTICLE I: TITLE
Section 100-TITLE. This law shall be known as the"Town of Ithaca Zoning Ordinance"
whether adopted as an ordinance or local law. Hereinafter,this law is sometimes referred to as"this
Ordinance".
ARTICLE II: PURPOSE
Section 200-PURPOSE. This law is adopted pursuant to the laws of the State of New York
in order to protect and promote the health, safety and welfare of the community. Among other
purposes this law is intended to prevent the overcrowding of lands,to avoid undue concentration of
population,to facilitate the adequate provisions of transportation,water, sewage disposal, schools,
parks, and other public requirements, to consider the value of property, and to establish zones in
which regulations concerning the use of lands and structures,the density of development,the amount
of open space that must be maintained, size of yards, the provision of parking and control of signs,
.and other provisions will be set forth to encourage the most appropriate development of the Town
in accordance with the Comprehensive Land Use Plan of the Town of Ithaca as the same may be
amended and updated by the Town.
ARTICLE III: INTERPRETATION AND DEFINITIONS.
. Section 300-INTERPRETATION OF MEANINGS. For the purposes of this Ordinance
certain terms and words shall be interpreted as follows:
1. Unless otherwise specifically defined herein or otherwise indicated,all words used in this
Ordinance shall carry their customary meanings.
2. Words used in the present tense include the future.
3. The plural usage includes the singular.
4. The word "shall' is mandatory.
5. The word "may" is permissive.
6. The word "lot" includes the word "plot" or"parcel'.
7. The words"occupied" or"used" shall be considered as though followed by the words"or
intended, arranged, or designed to be used or occupied".
8. The words "he", or"she" includes the opposite gender and in both instances includes the
word "it".
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Section 301 - CONTROLLING REGULATION. Where provisions of this Ordinance
impose greater restrictions than those of any statute, other ordinance, law, or regulation, the
provisions of this Ordinance shall be controlling. When the provisions of any statute, other
ordinance,law,or regulation impose greater restrictions than this Ordinance,the provisions of such
other statute, ordinance, law, or regulation shall be controlling.
Section 302 -DEFINED TERMS. For the purpose of this Ordinance certain words and
terms shall have the following meanings unless the context otherwise requires.
ADULT CARE FACILITY-An establishment for adults which provides for hire residential care
and services to adults who,by reason of choice,physical or other limitations associated with age,
physical or mental disabilities or other factors, are unable or substantially unable to live
independently or choose not to live independently. Such establishment includes an adult care facility
as defined in the New York Social Services Law which.has received and continues to maintain a
validly issued operating permit as an adult care facility from New York State Department of Social
Services or a County Department of Social Services. Such definition also includes retirement
homes and communities which provide residences for the elderly with some supportive services.
ADULT DAY CARE FACILITY-An establishment for adults which provides for hire day care
services to adults who, by reason of physical or other limitations associated with age, physical or
mental disabilities or other factors, are unable or substantially unable to live independently without
supervision.
ADULT ENTERTAINMENT BUSINESS -A business involving one or more of the following:
(a) Adult arcades where, for any form of consideration', one or more motion picture
projectors, slide projectors,video cassette players, computers, or similar machines,
for viewing by five or fewer persons each are used to show films, motion pictures,
video cassettes, slides, computer generated images, or other photographic
reproductions,which are characterized by emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
(b) Adult bookstores which have as a substantial (50% or more)portion of its stock in
trade and offers for sale, for any consideration, any one or more of the following:
(i) Books,magazines,periodicals,or other printed matter or photographs,films,
motion pictures,video cassettes,slides or other visual representations,which
are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas, or
(ii) Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
(c) Adult cabarets meaning any nightclub,bar(including establishments which do not
serve alcoholic beverages), restaurant, or similar establishment, which- regularly
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features live performances characterized by exposure of specified anatomical areas
or by specified sexual activities or films, motion pictures, video cassettes, slides or
other photographic reproductions characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical areas.
(d) Adult motion picture theater where, for any form of consideration, films, motion
pictures, video cassettes, slides or other photographic reproductions are regularly
shown,and in which a substantial portion of the total presentation time is devoted to
the showing of material characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas.
(e) Adult theater meaning a theater, concert hall, auditorium or similar establishment
which, for any form of consideration,regularly features live performances in which
a substantial portion of the total presentation time is devoted to the exposure of
specified sexual activities or specified anatomical areas.
(f) Massage parlor where, for any form of consideration, massage, alcohol rub,
fomentation, electric or magnetic treatment or manipulation of the human body is
administered,unless by a medical practitioner, chiropractor,acupuncturist,physical
therapist, licensed massage therapist, or similar professional person licensed by the
state. This definition shall not be deemed to include an athletic club, health club,
school, gymnasium, reducing salon, spa or similar establishment where massage or
similar manipulation of the human body is offered as an incidental accessory service.
(g) Peep show where, for any form of consideration, persons may observe from
individual enclosures shows which regularly feature live performances characterized
by exposure of specified anatomical areas or by specified sexual activities or films,
motion pictures, video cassettes, slides, computer generated images, or other
photographic reproductions characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas.
ALTERATION -As applied to a building or structure
(a) an enlargement by increasing in height or by extending on a side, front, or back;
(b) moving from one location or position to another;
(c) any change, addition, or removal of the structural parts; or
(d) any change, addition, or removal of partitions, or any change in walls, ceiling,
windows, or doors.
The term "ALTER" in its various modes and tenses and its participial form,refers to the making of
an alteration.
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BASEMENT-That space of a building that is partly below grade which has half,or more than half,
of its height, measured from floor to ceiling, above the average finished grade of the ground
adjoining the building.
BED AND BREAKFAST-A building originally built and used as a dwelling other than a hotel or
motel in which accommodations for transients are regularly offered for compensation and which
accommodations include provision of at least one meal, and in which building no more than four
bedrooms are utilized for such accommodations.
BUILDING-A structure having a roof supported by columns or by walls and intended for shelter,
housing,protection or enclosure of persons, animals or property.
BUILDING, ACCESSORY - A detached 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.
BUILDING, PRINCIPAL - A building within which is conducted the primary uses of the lot on
which the building is located.
BUILDING AREA - The total areas taken on a horizontal plane at the main grade level of the
principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING CODE-The New York State Uniform Fire Prevention and Building Code(9 NYCRR
Part 600 et. seq.) as the same may be amended from time to time, and any successor regulations,
laws or codes.
BUILDING LINE-The line formed by the intersection of the vertical plane that coincides with the
most projected exterior point of a building on any side and the ground. Front,side,and rear building
lines are respectively the building lines closes to the highway right-of-way, side property line and
rear property line.
CATERER-A person or enterprise that prepares food for hire for consumption predominantly off-
premises.
CELLAR-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.
CHILD DAY CARE CENTER- A facility, home, or other establishment defined as a child day
care center in Section 390 of the Social Services Law providing child care for seven or more children
for hire licensed by the New York State Department of Social Services at which day care is provided
for hire, and which is not a school, day care home, family day care home, or group family day care
home. (See also Day Care Home, Family Day Care Home, Group Family Day Care Home.)
CLINIC-A building or any part of a building which is used for the group practice of medicine by
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several physicians in which certain facilities other than reception are shared by the occupants and
in which patients are diagnosed or treated by physicians practicing as a group.
CLUBHOUSE or LODGE - 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.
COMMUNITY RESIDENCE-A facility for adult residents operated by or subject to licensure by
the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities of
the State of New York defined as a Community Residence in the Mental Hygiene Law.
DAY CARE HOME-A facility,home,or other establishment at which day care is provided for hire
for more than three hours per day per child for no more than two children.
DOMESTIC ANIMALS-Domesticated horses,ponies,donkeys,sheep,cattle,llamas,goats,pigs,
ducks, geese, chickens, swans, turkeys,rabbits, cats, dogs, or other domesticated animals found to
be of a similar nature by the Board of Zoning Appeals,kept and maintained for personal use rather
than for commercial uses, and not generally available for sale.
DRIVE-THROUGH or DRIVE-IN FACILITY - An establishment or facility that by design of
physical facilities permits customers to receive a service or obtain a product(including food)while
remaining in a motor vehicle on the premises.
DWELLING-A building designed or used primarily as the living quarters for one or more families.
DWELLING UNIT-A dwelling,or portion of a dwelling,providing complete living facilities for
one family.
ELDER COTTAGE-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 2601
of this Ordinance.
EQUESTRIAN FACILITY - A facility available to the public providing one or more of the
following services for compensation:
(a) Horseriding lessons.
(b) Horse training.
(c) Leasing of horses.
(d) Boarding of horses.
(e) Sale of horses other than an occasional sale of a horse owned and used solely for
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personal purposes by the owner of non-commercial facility.
For the purpose of this definition, a pony or donkey shall be included in the term "horse".
FAMILY- (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( herein.
(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.
(£) In making a determination under paragraph(d) the Board of Appeals shall find:
(i) The group is one which in theory, size, appearance and structure resembles
a traditional family unit.
(ii) The group is one which will live and cook together as a single housekeeping
unit.
(iii) The group is of a permanent nature and is neither merely a framework for
transient or seasonal(including as"seasonal"aperiod 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
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(1) Voter registration.
(2) Drivers license.
(3) Motor vehicle registration.
(4) Summer or other residences.
(5) Filing of taxes.
(C) Whether or not furniture and appliances are owned in common 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 2405 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 2701of 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".
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FAMILY DAY CARE HOME-A facility,home, or other establishment,defined as a family day
care home in Section 390 of the Social Services Law, at which day care is provided for hire for
generally three to six children and which is registered with the Tompkins County Department of
Social Services and is operated in accordance with the State and County regulations governing
operations of a family day care center.
FAMILY TYPE HOME FOR ADULTS-An adult care facility providing services to four or fewer
adult persons unrelated to the operator, all as defined as a family type home for adults in the New
York Social Services Law Section 2.
FARM - 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 and on-farm buildings used for
preparation or marketing of products produced, or derived from products produced, on the farm
property on which the building is located subject to the limitations regarding road side stands set
forth in this Ordinance.
FARM RETREAT - A farm which includes facilities for room and/or board for up three people
unrelated to the owner or operator of the farm,which people temporarily occupy farm premises and
participate in the farming activities for the purposes of learning about farm life.
FLASHING SIGN-Any illuminated sign on which the artificial light is not maintained stationary
and/or constant in intensity and color at all times.
GARAGE - A covered building used primarily for storage of automobiles and other similar motor
vehicles,
GROUP FAMILY DAY CARE HOME - A facility, home, or other establishment defined as a
group family day care home in Section 390 of the Social Services Law, licensed by the Now York
State Department of Social Services or by the Tompkins County Department of Social Services, at
'which day care is provided for hire for generally seven to fourteen children and is operated in
accordance with the State and County regulations governing operations of a group family day care
home.
HEIGHT-As it relates to a structure other than a building,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.
HEIGHT FROM LOWEST INTERIOR GRADE - As it relates to a building, the vertical
distance measured from the surface of the lowest level(floor of a crawl space,basement floor,slab,
or other floor, even if below exterior grade level) in contact with the ground surface to the highest
point of the roof, excluding chimneys, antennae, and other similar protuberances. When the
measurement ofheight 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
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other floor.
HEIGHT FROM LOWEST EXTERIOR GRADE - As it relates to a building, 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.
HOME OCCUPATION-A business customarily conducted wholly within a dwelling,or building
accessory thereto, by an owner and resident of the dwelling, which is clearly incidental and
secondary to the use of the property for residential purposes and which meets the following
additional conditions:
(a) An area of no more than 25% of the floor space of the dwelling (whether in the
dwelling or in an accessory building) or 500 square feet (whichever is less) is used
for such business;
(b) No more than two persons(full or part-time) outside the resident household,and no
more than four persons (full or part-time) including the resident household, are
employed in conducting the business;
(c) The owner and chief operating officer of the business-is an owner and full-time
resident of the property on which the business is conducted;
(d) No goods are offered for sale excepting those created, assembled, or reconditioned
completely on the property;
(e) There is no exterior display or sign except as permitted by this Ordinance or the
Town of Ithaca Sign Law, no exterior storage of materials, equipment (including
commercial vehicles), or other items of commerce, and no other exterior indication
of the home occupation or variation from the residential character of the lot,district
or surrounding neighborhood;
No offensive noise,vibration,smoke,dust,odor,heat,glare or electronic disturbance
is produced beyond the boundary line of the property occupied by the business;
(g) The business does not generate traffic in any greater volume than would normally be
expected in a residential neighborhood,and any need for parking generated by the use
is met off the street and in accordance with any other regulation of this ordinance;
and
(h) The business or use is not detrimental to the residential character of the lot on which
the business is located nor of the surrounding neighborhood.
(i) The lot on which the business is operated is large enough to allow such business to
be conducted with minimal impact on the neighbors.
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Home occupations typically include,but are not limited to,architects,attorneys,carpenters,caterers,
dentists, doctors, dressmakers, electricians, engineers, hairdressers, insurance brokers, plumbers,
realtors, and teachers.
HOSPICE - A building other than a hospital or nursing home where more than two terminally ill
persons are regularly lodged and furnished with meals and nursing care and which has been granted
a certificate of approval to operate as a Hospice pursuant to the Public Health Law or any successor
regulating state law.
HOSPITAL- An establishment for temporary occupation by the sick or injured for the purpose of
medical treatment licensed by the State of New York for such purposes.
HOTEL or MOTEL - A building containing rooms designed and originally planned to be rented
or hired out for living or sleeping accommodations for transient occupancy.
HOUSEHOLD PETS - Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice, ferrets,
rabbits,hamsters,gerbils,and other domesticated small animals ordinarily kept as pets which eat and
sleep within a dwelling unit occupied by a family.
LOT-Any area of land bounded by property lines which is not divided into parts by a public road,
railroad, or public utility right-of-way. Each part of an area so divided is considered an individual
lot for zoning purposes but is not exempt from applicable Subdivision Regulations.
LOT AREA-The area of a lot,excluding any portion of a public highway right of way that may be
included within deed description of the lot.
LOT DEPTH-The distance between a point on a public highway right-of-way 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.
LOT LINE-A property boundary of a lot,except where the property boundary is the centerline or
other portion of a public highway,in which event the property line is the highway right-of-way line.
MARINA-A facility providing docking or mooring for boats together with ancillary uses such as
sale of fuels, boats and boating a parts and accessories.
MINING-The extraction of overburden and minerals from the earth;the preparation and processing
of minerals, including any activities or processes or parts thereof for the extraction or removal of
minerals from their original location and the preparation, washing, cleaning, crushing, sorting,
stockpiling or other processing of minerals at the mine location so as to make them suitable for
commercial,industrial,or construction use;the removal of such materials through sale or exchange,
or for commercial,industrial or municipal use;and the disposition of overburden,tailings and waste
at the mine location; or any one of the above activities. Mining shall not include the excavation,
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removal and disposition of minerals from the site of, and incidental to, a construction project, or
excavations incidental to bona fide agricultural activities provided, however, such excavations,
removal or disposition are subject to obtaining fill permits if required as set forth in this Ordinance.
For the purpose of this definition:
(a) "Minerals"mean any naturally formed, usually inorganic, solid material located on
or below the surface of the earth. "Minerals" include, but are not limited to, peat,
topsoil, gravel, and stone.
(b) "Overburden"means all of the earth,vegetation and other materials which lie above
or alongside a mineral deposit.
(c) "Spoil"and"Tailings"have the meanings given to them by Article 23 of the N.Y.S.
Environmental Conservation Law or any similar or successor statute.
MIXED USE-A commercial facility with accessory residential facilities,the floor area(inclusive
of all floors on all stories dedicated to the residential use) of which residential facilities is less than
the floor area(inclusive of all floors on all stories dedicated to commercial use) of the commercial
use, and which residential facilities are located elsewhere in the building than on the street frontage
of the ground floor.
MOBILE DOME - A transportable dwelling unit suitable for year-round occupancy. A mobile
home is designed and built to be towed on its own chassis, comprised of frame and wheels, and
connected to either public or private utilities. The unit may contain parts which may be folded,
collapsed,or telescoped when being towed and expanded later to provide additional cubic capacity.
A mobile home may also be designed as two or more separately towable components designed to
be joined into one integral unit capable of again being separated into the components for repeated
towing. This definition excludes travel or camping trailers towed by a motor vehicle and neither
wider than 8 feet nor longer than 32 feet. Self-propelled motor homes, or modular housing which
is not built with an integral chassis and which must be transported on a separate vehicle from factory
to housing site are also excluded from this definition. A mobile home shall be considered a one-
family dwelling only for purposes of determining the number of occupants permitted.
MOBILE DOME LOT-A parcel of land used for the placement of a single mobile home and the
exclusive use of its occupants. A mobile home lot shall be located in a mobile home park as defined
by this ordinance.
MOBILE HOME PARK- A parcel of land owned by an individual, partnership, or corporation
which has been planned and improved for the placement of mobile homes.
MOBILE HOME STAND - That part of an individual mobile home lot which has been reserved
and improved for the placement of the mobile home, appurtenant structures and additions.
MULTIPLE-)FAMILY DWELLING-A building or group of buildings on one lot containing three
or more dwelling units.
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NATURAL AREA-An area of land designated as a Critical Environmental Area,Unique Natural
Area,or other similar environmental designation in accordance with regulations promulgated by the
New York State Department of Environmental Conservation or any similar successor state agency,
or by any other federal, state, or local governmental unit, and any area specifically designated as a
Significant Natural Area by the Town Board of the Town of Ithaca after notice to the owner or
owners of the area and a public hearing on such designation.
NON-CONFORMING USE-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.
NURSERY-A lot or structure where trees,shrubs,flowering and other plants are cultivated,grown
or stored and sold.
NURSING or CONVALESCENT HOME-A building other than a hospital where sick or infirmed
persons are lodged, furnished with meals and nursing care for hire and licensed by the State of New
York.
ONE-FAMILY DWELLING- A detached building containing a single dwelling unit.
PARKING SPACE - An area for the temporary parking of a motor vehicle 180 square feet in size
exclusive of the parking lot circulation areas.
PUBLIC PARKING GARAGE-A garage or other structure used for the parking of automobiles
for the public for a fee on an itinerant basis.
SEQR-Article 8 of the New York State Environmental Conservation Law,or any similar successor
statute, together with any state regulations (presently 6 NYCRR Part 617) and local regulations
promulgated thereunder.
SHORELINE - The mean high water elevation of Cayuga Lake along the shore.
SPECIFIED ANATOMICAL AREAS -The following areas of the human body:
(a) Less than completely and opaquely covered human genitals, pubic region,buttock,
and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state even if completely and opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES -The following activities:
(a) Human genitals in a state of sexual stimulation or arousal; or
(b) Acts of human masturbation, sexual intercourse or sodomy; or
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(c) Fondling or other erotic touching of human genitals,pubic region,buttocks or female
breast.
STREET LINE or HIGHWAY RIGHT OF WAY LINE-The limit of the right of way of a street,
road or highway. Where the word street appears this also means highway or road.
STORAGE - 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.
STRUCTURE-Anything that is constructed or erected on the ground or upon another structure or
building. "Structure" also includes anything that is constructed or erected underground and projects
up to the ground surface or above, or anything that is constructed or erected wholly underground
other than utility lines, septic and water systems,or other similar types of underground construction
wholly ancillary to a principal building or structure on the premises. "Structure" also includes
constructed parking spaces. The term "structure" includes a building. There is excluded from the
term structure,however,underground graves,vaults or other underground facilities for the interment
of bodies.
TELECOMMUNICATIONS FACILITY - Any equipment, other than
(a) equipment used by amateur radio licensees regulated by the Federal Communications
Commission; or
(b) equipment that is used by a governmental unit or agency that is statutorily expressly
exempt from regulation by the Town of Ithaca; or
(c) mobile equipment that is contained in a car or other motor vehicle or is completely
portable and not affixed in any manner to realty(the exception for mobile equipment
does not extend to any antenna(s) attached, directly or indirectly such as on a tower
or other structure,to realty or to other facilities used in connection with such mobile
equipment);
used in connection with the provision of two-way communication services of which at least one of
the directions of communications is wireless, including cellular telephone services, personal
communications services, private radio communications services, fire and emergency
communications, and any other private or public radio communications transmissions regulated by
the Federal Communications Commission in accordance with the Telecommunications Act of 1996
and other federal laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures, and buildings.
TWO-FAMILY DWELLING- A detached building containing two dwelling units.
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VEHICLE REPAIR GARAGE - A facility at which the principal activity is the servicing or
repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's shops,
speedy-type oil and lubrication facilities, and muffler and brake repair facilities.
YARD - An open space on the same lot with a building, unoccupied and unobstructed from the
ground upward except as otherwise permitted herein.
YARD, FRONT - The yard between the street right of way line and the front line of the principal
building, exclusive of eaves which overhang by no more than four feet, extended to the side lines
of the lot. The depth of the front yard shall be measured between the front line of the building and
the highway right of way line. Covered porches, or uncovered porches more than three feet off of
the ground,shall be considered as part of the building and shall not project into a required front yard.
YARD, REAR - The yard between the rear lot line and the rear line of the principal building,
exclusive of overhanging eaves, extended to the side lines of the lot.
YARD,SIDE-The yard between the principal building,exclusive of overhanging eaves,and a side
lot line and extending through from the front yard to the rear yard.
ARTICLE IV: ESTABLISHMENT OF ZONES
Section 400 - ZONES. For the purpose of this ordinance the Town of Ithaca is hereby
divided into the following types of zones (also sometimes hereinafter referred to as "Districts"):
Conservation Zones
Agricultural Zones
Lakefront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Planned Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use)
In accordance with and pursuant to Local Law#2-1984
Special Land Use District#1
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- In accordance with and pursuant to Local Law#3-1984 [Wiggins]
Special Land Use District#2
- In accordance with and pursuant to Local Law#4-1984 [Sapsucker Woods]
Special Land Use District#3 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#4-1986 [Biggs Complex]
Special Land Use District#4 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#1-1987 as amended by Local Law
#2-2002 [Statler West]
Special Land Use District#5 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#2-1988 [Chamber of Comm.]
Special Land Use District#7 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#1-1994 [Ithacare]
Special Land Use District#8 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#1-1995 as amended by Local Law
#4-2001 [Ecovillage]
Special Land Use District#9 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#2-1996 [Cornell Precinct 7]
Special Land Use District#10 (Limited Mixed Use)
- In accordance with and pursuant to Local Law#6-1998 [Sterling House/Sterling
Cottage]
Special Land Use District#11 (Limited Mixed Use)
- In accordance with and pursuant to Local Law #7-1998 [Cornell Chilled Water
Plant]
Said districts are set forth on the map accompanying this ordinance,Town of Ithaca Zoning Map(the
"Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said map and all
explanatory matter thereon and amendments thereto are hereby made a part of this ordinance.
Section 401 - CONTINUATION OF SPECIAL LAND USE DISTRICTS. The
provisions of any prior zoning ordinance or local law creating, implementing, amending, or in any
other manner dealing with any special land use district as in effect on the effective date of the
adoption of this provision shall continue in full force and effect unless expressly modified by the
terms of this Ordinance or any other local law or ordinance adopted subsequent to the adoption of
this provision. Henceforth,such special land use districts shall be considered planned development
zones for the purposes of this Ordinance. Without limiting the foregoing, the adoption of this
revised Ordinance shall not alter the permitted uses nor the conditions or limitations relating to
properties within an existing special land use district.
Section 402- ZONE BOUNDARIES. Where uncertainty exists with respect to the exact
boundaries of the various districts as shown on the Zoning Map, the following rules shall apply.
1. Where zone boundaries are indicated as approximately following the center lines of
streets or highways, street lines, or highway right-of-way lines, such center lines,
street lines, or highway right-of-way lines shall be construed to be said boundaries.
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2. Where zone boundaries are so indicated that they approximately follow the lot lines
as shown on plots of record at the time this Ordinance becomes effective,or lot lines
on plots of record at the time of any amendment rezoning an area,then such lot lines
shall be construed to be said boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the
center lines of street lines or streets, or the center lines or right-of-way lines of
highways, such zone boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Zoning Map. If no such distance is
given, such dimension shall be determined by the use of the scale shown on said
Zoning Map.
4. Where the boundary of a zone follows a railroad line,such boundary shall be deemed
to be located in the middle of the main tracks of said railroad line.
5. Where the boundary of a zone follows a stream, lake or other body of water, unless
otherwise indicated said boundary line shall be deemed to be at the center line of said
stream,lake,or other body of water,unless said center line is outside the jurisdiction
of the Town of Ithaca,in which event said boundary line shall be deemed to be at the
limit of the jurisdiction of the Town of Ithaca.
6. Distances shown on the Zoning Map are perpendicular or radial distances from street
lines measured back to the zone boundary line, which lines, in all cases where
distances are given, are parallel to the street line.
7. In all other cases the boundary line shall be determined by use of the scale on the
Zoning Map.
8. Any lands existing in the Town of Ithaca,which are unzoned at the time of the
adoption of this amendment,and any lands hereafter added to the Town of Ithaca by
annexation or otherwise,are hereby zoned Low Density Residential Zone. Any such
after-acquired lands shall be automatically zoned Low Density Residential Zone upon
such acquisition,except that such lands may be thereafter rezoned to any other zone
as determined by the Town Board.
Section 403 -PROHIBITION OF USES. All uses not specifically set forth as permitted
uses in a zone are expressly prohibited as uses in that zone. A use specifically permitted in one zone
is not permitted in any other zone, less restrictive or otherwise,unless specifically enumerated as a
permitted use in such other zone.
ARTICLE V: CONSERVATION ZONES
Section 500 - PURPOSE. It is the purpose of the Conservation Zone to preserve the
outstanding natural features in certain areas of the Town, as described in the Town of Ithaca
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Comprehensive Plan(September 21, 1993), and to provide a regulatory framework through which
development can occur with minimal environmental impact in these areas. Among the natural values
and ecological importance of these areas are their diversity as a plant and wildlife habitat, their
existence as biological corridors,their scenic views and rural character, and their importance as an
educational and recreational resource. In addition, certain lands in the Conservation Zones contain
large areas of steep slopes, wetlands, highly erodible soils and, in one instance, the City of Ithaca
water supply, which must be taken into consideration in planning for future development.
It is a further purpose of the Conservation Zone to preserve existing areas of contiguous open space;
prevent unnecessary destruction of woodland areas,preserve existing and potential agricultural land
and promote appropriate development densities and flexibility of design and development of land.
Developers should be encouraged to use mechanisms to accomplish these objectives. Such
mechanisms could include enlarged buffer areas, conservation easements, deed restrictions,and
public or semi-public land dedications.
Certain of the areas included in Conservation Zones,in recognition of their natural and ecological
significance,have been designated by the Tompkins County Environmental Management Council
as Unique Natural Areas. It is a further purpose of this Conservation Zone to preserve the natural
resources and scenic beauty of the areas to promote tourism as an important economic benefit to the
Town of Ithaca.
Section 501 PERMITTED PRINCIP'AIL USES. In a Conservation Zone, 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, except a mobile home, to be occupied by no 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
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
3. Garden, nursery or farm.
4. Roadside stand or other structure, not exceeding 500 square feet of enclosed space,
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 stared shall be
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located a minimum of 30 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.
5. Forest management and other forest resource uses,including the harvesting of timber
in conformance with environmentally sound forestry practices,provided that logging
of more than one acre of contiguous land shall require the submission of a forest
management plan to and approval by the Planning Board. Such a plan shall include,
but not be limited to, a description of the area to be logged,what percentage of trees
will be cut, the method of cutting and removing trees, and how the land will be
restored (e.g., through reforestation, agriculture or otherwise).
6. Public water supply.
Section 502-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Conservation Zone, but only upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
l. Church or other places of worship.
2. Public library,public museum,public,parochial and private schools,daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
3. Publicly owned park or playground, including accessory buildings and
improvements.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Roadside stand or other structure,exceeding 500 square feet but not more than 2500
square feet of enclosed space, for the display and sale of farm or nursery products
related to farming and as a seasonal convenience to the owner or owners of the land.
The majority of the products sold at such stand shall be,or be derived from,products
produced on the farm on which the roadside stand is located. Any such stand shall
be located a minimum of 30 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.
6. Bed and Breakfast.
Section 503 - ADDITIONAL REQUIREMENTS FOR SPECIAL PERMIT. The
application for a special permit for any of the uses set forth in the immediately preceding section
shall be made to the Plamzing Board. Any required site plan shall conform to the requirements of,
and be subject to the procedures contained in Article XXIH. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by the Planning
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Board. In determining whether to grant a special permit, the Planning Board shall consider the
matters set forth elsewhere in this ordinance and in addition shall grant a special permit for any of
the above uses only if it can be demonstrated that:
1. The proposal is consistent with the goals and objectives of the Conservation Zone,
as enumerated in the purpose section relating to this Zone;
2. The proposal provides adequate measures to control stormwater runoff and minimize
erosion and sedimentation;
3. The project includes adequate measures to protect surface and groundwaters from
direct or indirect pollution; and
4. Off-street parking facilities are adequately buffered to minimize visual and noise
impacts on surrounding areas, and are designed to minimize the increase in
impervious surfaces on the site.
Section 504 - PERMITTED ACCESSORY BUILDINGS OR USES. The following
accessory buildings or uses are permitted as of right in a Conservation Zone:
1. Accessory buildings customarily incidental to the above permitted uses.
2. Home occupations to the extent permitted and subject to the same requirements set
forth in the provisions related to home occupations in the sections governing Low
Density Residential Zones.
3. Wildlife rehabilitation operation as defined and regulated under 6 NYCRR Part 184,
provided that no noise, dust, disorder, or objectionable odor is experienced (as a
result of that use) beyond the boundary lines of the property where such use is
conducted, and that no more than 3 additional persons not residing on the premises
may be employed.
4. Day care homes, family day care homes, and group family day care homes.
5. Adult day care facilities serving no more than four clients at any one time.
6. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse,etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
Section 505-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Conservation
Zone,but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance:
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1. Elder Cottages.
2. A second dwelling unit in a building other than the principal building,provided that
(c) All of the general criteria set forth elsewhere in this Ordinance for the
issuance of a Special Approval have been satisfied;
(d) The location of the second dwelling, and the building in which it is located,.
does not adversely impact in any significant manner the adjoining neighbors;
(e) The building containing such second dwelling is located at least 50 feet from
any side boundary of the lot,and is not constructed in any required front yard.
(f) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought;
(g) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(h) The second dwelling is located in a building that is accessory to the principal
dwelling;
(i) The building containing the primary dwelling does not contain more than one
dwelling; and
(j) There are no elder cottages or other buildings on the lot containing dwellings
other than the building containing the primary dwelling and the building for
which special approval is sought.
Section 506 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Conservation Zones no non-agricultural building shall exceed thirty-eight
(38) feet in height from lowest interior grade nor thirty-six (36) feet in height from lowest exterior
grade,and no non-agricultural structure other than a building shall exceed thirty(30)feet in height.
Nan-agricultural accessory buildings shall in no case exceed 15 feet in height.
Section 507-YARD REGULATIONS. Except as maybe specifically otherwise authorized
in this law, in Conservation Zones yards of at least the following dimensions are required:
1. Front Yard - Not less thann the average depth of the front yards of building
immediately adjacent. However, except for roadside stands authorized by Section
501,the front yard shall not be less than 50 feet nor need it be greater than 75 feet in
depth.
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2. Rear Yard -not less than 200 feet in depth.
3. Side Yards - Each not less than 50 feet.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Buffer areas-The foregoing requirements may include any required buffer areas and
shall not be in addition to any required buffer areas.
6. Accessogy Buildings-In Conservation Zones accessory buildings other than garages
may not occupy any open space other than a rear yard. The total lot area covered by
non-agricultural accessory buildings may not occupy more than 1,000 square feet of
any required rear yard and shall be not less than 50 feet from any side or rear lot line.
Section 508-LOT COVERAGE. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage. For the purposes of this Zone,roads, driveways,parking areas, and other paved areas
shall be considered buildings in computing the percentage of lot coverage.
Section 509 - SIZE AND AREA OF LOT. Lots in Conservation Zones shall meet the
following minimum requirements:
1. Minimum lot area shall be at least seven acres; and
2. Minimum lot width at the street line shall be 300 feet; and
3. Minimum width at the maximum required front yard setback line(75 feet from the
street line) shall be 300 feet; and
4. Minimum depth from the street line shall be 450 feet.
Section 510 - CLUSTERING. The Planning Board is hereby authorized to require
clustering of residential units as outlined in the Town's Subdivision Regulations, where clustering
will further the purposes of the Conservation Zone, subject to the requirement with respect to the
Conservation Zone along Six Mile Creek,that where feasible, on the southwestern side of Six Mile
Creek(i.e.,on the Coddington Road side of the Conservation Zone),dwelling units shall b e clustered
between the former railroad grade and Coddington Road, in order to preserve the natural
characteristics and scenic views of the lands adjacent to Six Mile Creek and the City Watershed
properties. In such cases, the same number of dwelling units that could have been built on that
portion of the parcel between the former railroad grade and Six Mile Creek under the above density
requirements when feasible shall be transferred to the portion of the parcel between the former
railroad grade and Coddington Road. This provision shall not apply to parcels which are situated
entirely between the former railroad grade and Six Mile Creek.
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Section 511 - PARKING. Parking requirements shall be as set forth in Section 2707.
Section 512 -ADDITIONAL REQUIREMENTS AND RESTRICTIONS.
1. The following activities are specifically prohibited in Conservation Zones:
(a) The importation for dumping or disposal of snow or ice collected from
roadways or parking lots into or within two hundred(200)feet linear distance
of any wetland or watercourse carrying water six(6)months out of the year.
(b) The location ofbuildings or structures on slopes of 25 percent or greater,with
a minimum horizontal slope length of 25 feet.
2. No buildings, structures, paved areas, or storage of construction equipment or
machinery shall be located within 50 feet of the centerline of any watercourse
carrying water six (6) months out of the year, or within 200 feet of the 100-Year
Flood Boundary of any body of water or water course identified as "Zone A" on any
Flood Insurance Rate Map for the Town of Ithaca, N.Y., prepared by the Federal
Emergency Management Agency,(or any other generally recognized map of 100 year
flood zones) within any Conservation Zones.
In the case of residential subdivisions, whether conventional or cluster, the no
disturbance zone as defined above shall be increased by up to 50% if the Planning
Board determines that such an increase is necessary to protect water quality or to
minimize the impacts of erosion and sedimentation.
Unless otherwise authorized by the Planning Board, no disturbance as listed above
shall be located within one hundred(100)feet linear distance of any wetland. During
the subdivision or site plan approval process, where there is evidence of a wetland,
the Planning Board may require a wetland delineation study to determine the
potential impacts of development or disturbance on said wetland. For the purposes
of this section,wetlands shall mean all wetlands,as defined in either state or federal
legislation(whichever is more restrictive) governing regulation of wetlands, of an
area of more than 1/10th of an acre.
3. With respect to the Conservation Zone along Six Mile Creek, no buildings,
structures,or storage of construction equipment or machinery shall be located within
100 feet of the centerline of the South Hill Recreation Way.
4. The storage and land application of manure for agricultural purposes shall follow
reasonable agricultural practices. Minimum conditions for storage of solid manure
are a pad of concrete and a leachate collecting system or other system reasonably
equivalent in its protection of the surrounding environment. The manure storage
system should be designed to prevent animal waste from entering any stream or water
body.
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5. The following apply to vegetation and landscaping:
(a) Existing native vegetation shall be maintained to the extent practicable.
(b) When landscaping is required by the Planning Board to enhance buffer areas,
to replace existing vegetation,or otherwise,native plant materials should be
used to the extent practicable.
6. Scenic views,in particular those with viewing points from adjacent roads(and,in the
case of the Conservation Zone along Six Mile Creek, from Six Mile Creek and the
Gorge) should be preserved using practices such as the following:
(a) Avoid the siting of buildings or structures on ridgelines or hilltops. Buildings
should be sited below the crest or ridgeline of hills to preserve a natural
topographic and vegetative profile.
(b) Retain existing vegetation to the extent practicable.
(c) Retain existing stone walls, fences and other features in open meadows.
(d) Regrading should blend in with the natural contours and undulations of the
land.
(e) Buildings proposed to be located within significant viewing areas should be
screened and landscaped to minimize their intrusion on the character of the
area. Building materials and color schemes should harmonize with their
setting and be compatible with neighboring land uses.
(f) Where possible, buildings and structures should be located on the edges of
open fields and in wooded areas to minimize visual impacts.
(g) Visibility of proposed buildings or structures from public trails within
Conservation Zones should be considered so as to minimize visual intrusion
on views from the public trails.
7. Wildlife habitats and biological corridors should be preserved. Open space linkages
should be encouraged to accomplish the above. Open space and conservation
easement areas shall be designed with massing and linking as guiding principles.
Open space and conservation areas both on and off site should be as contiguous as
reasonably possible.
8. Roads and driveways should follow existing contours to the extent practicable to
minimize the impact of cuts and fills. The number of driveways accessing public
streets shall be kept to a minimum. The appropriate use of common driveways is
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encouraged.
9. The following shall apply to drainage:
(a) The Planning Board may require the preparation and submittal of a
stormwater management plan, to be approved by the Town Engineer, for
proposed special approval uses and for proposed subdivisions.
(b) Existing natural drainageways should be retained where possible.
(c) In cases where a retention basin will be required, a landscaping plan shall be
prepared and submitted for the Planning Board's approval. Basin landscaping
materials that enhance wildlife habitat shall be used to the extent practicable.
10. The following shall apply to lighting:
(a) Street lighting shall be provided only where site-specific safety conditions
warrant.
(b) Where street lighting is required, its location, type, and intensity shall be
subject to the Planning Board's review and recommendation to the Town
Board for approval
11. Whenever a subdivision of land is proposed in a Conservation Zone, the Planning
Board.may require that the non-buildable areas listed above, including wetlands,
slopes 25 percent or greater,and streams/watercourses and setbacks,be shown on the
preliminary and final subdivision plats.
Section 513 - PARK AND RECREATION SET-ASIDES AND FEES IN LIEU
THEREOF. Because of the reduced density in the Conservation Zones, the requirements for
maintaining open space,existing public trails,and the existing and expected additional opportunities
for passive recreational activities in the areas included in the Conservation Zones, it is anticipated
that in Conservation Zones normally there will be no need for mandated parkland reservations or fees
in lieu thereof pursuant to applicable Town Law and Town of Ithaca Subdivision and Zoning
Ordinance Regulations including Section 22 of the Town's Subdivision Regulations and any
successor or related provisions.
Section 514-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Conservation Zone requiring a special permit unless the proposed building or
structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII.
ARTICLE VI: AGRICULTURAL ZONES
Section 600 - PURPOSE. The purpose of the Agricultural Zone is to assure a proper
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economic and physical environment for continued agricultural use of land and other non-extractive
natural resource land uses;to maintain an open rural character to viable agricultural areas;to assure
compatible types and densities of development on lands that are useable for agricultural pursuits;and
to minimize other land uses incompatible with fanning. Persons and entities not engaged in
agricultural pursuits in the Agricultural Zone should be aware that the primary intention of the Zone
is to permit usual acceptable fanning and farming practices which may generate dust,odor, smoke,
noise, and vibration; during growing seasons machinery may be operated at other than daylight
hours; certain generally acceptable fanning operations may involve the use and spraying of
herbicides or pesticides; and acceptable practices in keeping animals may involve odors or noises.
Accordingly,anyperson or entity residing or working in an Agricultural Zone should anticipate these
types of concerns and recognize that such are the by-product of zoning an area in the Town where
agricultural endeavors are encouraged to thrive. To the extent buffer areas may be required, the
intention of such buffers is to reduce the potential for conflicts between fanning and non-fanning
uses. Agricultural Zones are also areas of the Town where it is unlikely public water or sewer will
be made available,so as to reduce the economic pressures for development that often flow from the
introduction of such facilities. Accordingly, persons acquiring property in Agricultural Zones
should not expect such public facilities to be provided.
Section 601 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in an Agricultural Zone:
I Any lawful farm purpose, including usual farm buildings and structures, but
excluding rendering plants.
2. Plant nursery.
3. Equestrian Facility.
4. Kennel, coop, or other facility for the housing or caring for animals, birds, or fish,
whether for hire or otherwise, including an animal shelter,wildlife refuge and fish
farms.
5. Aroadside stand or other structure,not exceeding 500 square feet of enclosed space,
for the display and sale of farm or nursery products related to farming and as a
seasonal convenience to the owner or owners of the land. The majority of the
products sold at such stand shall be, or be derived from, products produced on the
farm on which the roadside stand is located. Any such stand shall be located a
minimum of 30 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.
6. A one-family dwelling to be occupied by no more than
(a) One family, or
(b) One familyplus no more than one boarder,roomer,lodger,or other occupant.
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7. A two-family dwelling provided that
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
8. Publicly owned park or playground including accessory buildings and improvements.
9. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the same set-
back requirements as apply to residences in the district in which the substations or
similar structures are constructed.
10. Day care homes, family day care homes and group family day care homes.
11. Community Residence.
12. Forest management and other forest resource uses,including the harvesting of timber
in conformance with environmentally sound forestry practices.
Section 602-PRINCIPAL USES AUTHORIZED BY SPECIAL,PERMIT ONLY. The
following uses are permitted in an Agricultural Zone,but only upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1. Except as permitted as of right in the preceding section retail sales of machinery,
products, supplies, or produce primarily related to, or derived from, agricultural
operations subject to the following limitations:
(a) Any building devoted to such activity may be no larger than 4,000 square
feet;
(b) No more than six persons may be engaged in or employed by the activity;
(c) No more than three acres, inclusive of building, parking, driveways, well,
septic system and other ancillary facilities, be dedicated to the use;
(d) No outside storage other than temporary day-time only display of products,
unless otherwise authorized by the Planning Board.
In determining whether to grant such authorization,the Planning Loard shall
consider, in addition to other criteria set forth in this Ordinance, that
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(i) The nature of the business generally requires outside storage;
(ii) There is adequate space on the lot for the proposed storage;
(iii) The premises are screened or otherwise buffered so that the outside
storage does not adversely impact the neighboring properties and
property owners;and
(iv) The proposed outside storage will not adversely affect the character
of the surrounding neighborhood.
2. Veterinary offices or hospitals.
3. Church or other places of worship, convent and parish house.
4. Cemetery and the buildings and structures incident thereto.
5. Public library,public museum,public,parochial and private schools,nursery school,
and any institution of higher learning relating to agricultural pursuits.
6. .Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
7. Golf course or driving range with related facilities such as clubhouse,restaurant,and
pro shop.
8. Cross country ski center with related facilities such as lodge,ski shop and restaurant.
9. Commercial composting facility where composting occurs for sale, utilizing more
than four hundred square feet of land in which event the following additional
requirements shall apply:
(a) The lot on which the facility is located shall be at least two acres in size;
(b) The composting facility shall be located at least 100 feet from any roadway
and any lot line, except for lot lines adjacent to Residential Zones, in which
event the set-back from the Residential Zone line shall be increased to 250
feet and shall have a buffer of vegetation or fencing to screen the facility from
the Residential Zone;
(c) The facility shall be operated in a clean and orderly manner so that it does not
create a nuisance to any neighboring property.
10. Hunting preserves, lodges, or clubhouses.
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11. Bed and breakfast.
12. Radio, television, telecommunication, microwave, satellite or other electronic
transmission facility operated pursuant to a license from the Federal Communications
Commission or any successor federal or state agency.
13. Research facilities dedicated to research in agriculture or animal husbandry.
14. Farm retreat.
15. Adult day care facilities serving no more than four clients at any one time.
Section 603-PRINCIPAL USES AUTHORIZED BY SPECIAL APPROVAL ONLY.
The following uses are permitted in an Agricultural Zone,but only upon receipt of a special approval
for same from the Board of Appeals in accordance with the procedures set forth in this Ordinance:
1. Mining,subject to the following requirements in addition to the normal requirements
for a special approval:
(a) No special approval shall be granted until
(i) The Planning Board approves a site plan for the proposed mining
operations; and
(ii) The appropriate New York State authorities(DEC or other regulatory
body)has approved a reclamation plan and the plan and any required
security for the performance of the plan has been provided to the
State of New York.
(b) There shall be a buffer area of at least 100 feet around the perimeter of the
mined area between the mined area and any surrounding property,such buffer
to consist of natural vegetation,plantings,berms, fences, or other screening
as deemed reasonable by the Board of Appeals to minimize the auditory and
visual impacts of the mining operations on surrounding properties.
(c) A fill permit shall be obtained in accordance with the fill permit requirements
of this Ordinance before commencement of any mining operations.
(d) Hours of operation shall be limited to business days (days other than
weekends and holidays) from 8:00 a.m. to 5:00 p.m. local time unless the
applicant, for good cause shown, demonstrates to the Zoning Board of
Appeals that special circumstances exist which compel that the times be
extended.
Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other
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similar types of fill, up to 50 cubic yards of such product may be mined in any one
calendar year without special approval If more than 50 cubic yards but not more
than 250 cubic yards in any one year are being mined, the special approval may be
issued by the Director of Engineering of the Town. In all other cases, the Special
Approval shall be obtained as set forth above.
Section 604 - PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in an Agricultural Zone:
1. Any farm-related structure not otherwise expressly referred to or limited by any
provision in this Ordinance.
2. If the principal use is as a farm, one or more one or two family dwellings, subject to
the occupancy limitations set forth above for one and two family dwellings and
subject to the overall density limitations set forth below in Section 610.
3. If the principal use is as one or two family dwelling or as a farm with dwellings; a
private swimming pool, tennis court, or other similar recreational facility for the
principal private use of the occupants of the dwelling.
4. If the principal use is as a one or two family dwelling, up to three accessory
buildings, all such accessory buildings in the aggregate not to exceed a total of 1500
square feet in size.
5. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article, but subject to provisions of Section
2707.
6. 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 receipt of a special approval from the
Board of Appeals.
7. Signs, as regulated by the Town of Ithaca Sign Law.
8. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number .
is authorized by special approval of the Board of Zoning Appeals,
Section 605-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in an Agricultural
Zone,but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance:
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1. Elder cottages.
2. If the property is not used for agricultural purposes, a second dwelling unit in a
building other than the principal building on the lot, provided that
(a) All of the general criteria set forth elsewhere in this Ordinance for the
issuance of a special approval have been satisfied;
(b) The location of the second dwelling, and the building in which it is located,
does not adversely impact in any significant manner the adjoining neighbors;
(c) The building containing such second dwelling is located at least 40 feet from
any side boundary of the lot,and is not constructed in any required front yard.
(d) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought;
(e) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(f) The second dwelling is located in a building that is accessory to the principal
dwelling;
(g) The building containing the primary dwelling does not contain more than one
dwelling; and
(h) There are no buildings on the lot containing dwellings other than the building
containing the primary dwelling and the building for which special approval
is sought.
3. Home occupation, other than farming or a farm related enterprise for which no
special approval shall be required.
Section 606-HEIGHT LIMITATIONS.
l. Except as may be specifically otherwise authorized in this law,in Agricultural Zones
no non-agricultural building shall exceed thirty-eight(38)feet in height from lowest
interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
non-agricultural structure other than a building shall exceed thirty-six (36) feet in
height. Agricultural structures, such as silos or windmills,whether on a farm parcel
or not, shall be set back a distance at least equal to their height from all property
lines.
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2. Notwithstanding the foregoing,the Planning Board may,by special permit, allow a
tower, other than a telecommunications tower or facility, operated pursuant to a
license issued by the Federal Communications Commission for the transmission or
reception of radio, television,microwave, satellite, or other electrical transmissions
to be up to 80 feet in height from lowest exterior grade upon making the findings set
forth below for special permits generally and in addition finding that
(a) The proposed tower is designed in accordance with generally accepted
engineering standards so that its construction and operation will not pose a
hazard to persons or property on the ground or in the vicinity of the tower;
(b) The topography and location of the proposed site are reasonably adapted for
the proposed use.
(c) The size of the site is adequate in that the tower is located on an unoccupied
parcel having an area of sufficient size that no part of the tower could fall on
neighboring property should the structure collapse; and
(d) The plans for the site (and the vegetation, screens, fencing or other devices
when completed) provide adequate buffering of the site and towers from
adjoining land.
Section 607-YARD REGULATIONS. Except as maybe specifically otherwise authorized
in this law, in Agricultural Zones yards of at least the following dimensions are required:
I 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 nor
need it be greater than 60 feet. A road side stand authorized in Section 601 may be
located in a front yard.
2. Rear Yard- not less than 50 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot,but not less
than 40 feet from any structure to a side property line 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas. For purposes of calculating yards, and notwithstanding the
yard definitions,yards shall be measured in Agricultural Zones to any building(other than a roadside
stand), instead of to the principal building.
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Section 608-BUILDING AREA. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage.
Section 609 - SIZE AND AREA OF LOT. Subject to the density provisions regarding
subdivision of parcels of land set forth below, lots in Agricultural Zones shall meet the following
minimum requirements:
1 Minimum lot area shall be at least two acres,subject to the following conditions and
exceptions:
(a) A non-farm lot subdivided for residential purposes from a parent tract as set
forth below in Section 610 shall have a minimum area of one acre and a
maximum of two acres unless
(i) A larger area is required by the Tompkins County Health Department
to provide on-site water and septic systems, in which event the
permitted maximum area shall be increased to the minimum area
required by the Health Department for such installations; or
(ii) The applicant for approval of a subdivision requests larger lots and
fewer dwellings than would be normally permitted pursuant to
Section 610 below and the Planning Board determines in considering
subdivision approval that the amount of land dedicated to such larger
lots does not exceed the amount of land that would have been
dedicated to residential purposes had the number of dwellings and
sizes of lots been in full compliance with Section 610.
2. Minimum width at the street line shall be 60 feet.
3. Minimum width at the maximum required front yard setback line (60 feet from the
street line) shall be 100 feet.
4. Minimum depth from the street line shall be 200 feet.
Section 610-DENSITY LIMITATIONS AND LIMITATIONS ON SUBDIVISION OF
PARENT TRACTS. In order to protect agricultural uses,to preserve the agricultural value of land,
to provide for the retention of tracts of sufficient size to be used reasonably for agricultural purposes,
and to preserve the open space qualities of the Town,creation of non-farm lots and the subdivision
of farm parcels from parent tracts shall be limited in the Agricultural Zone. Accordingly, and
notwithstanding the minimum lot sizes set forth above,the following additional requirements shall
apply to land within an Agricultural Zone:
1 Any tract or parcel of land in common contiguous ownership at the time of the
adoption of this provision of the Zoning Ordinance, subject to other normally
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applicable subdivision laws and regulations, hereafter may be subdivided into no
more lots than equals the total number of acres of the tract divided by 7 and rounded
down to the nearest whole number. (For example, a tract of twenty acres may be
subdivided into no more than two lots--20 divided by 7 equals 2 6/7 rounded to two.)
Some of the lots, subject to other applicable requirements, may be as small as one
acre but the total number may not exceed the above limitation.
2. Clustering of the lots may be required by the Planning Board as a condition to
granting any subdivision approval. In determining the design of the subdivision the
following criteria should be applied:
(a) Clustered lots should avoid prime agricultural soils, defined as Class I and
Class H by the USDA Natural Resources Conservation Service or similar or
successor agency;
(b) Clustered lots should not interfere with natural drainage patterns; and
(c) To the extent reasonably possible,subdivisions shall be approved in a manner
that maintains the largest amount of contiguous acreage for open space or
agricultural use.(For example,if reasonably possible,a 17 acre parcel would
be divided into one one-acre lot and one 16 acre lot, and a twenty-fo'ur acre
lot would be divided into two one acre lots and one twenty-two acre lot.)
3. The Planning Board, as a condition of granting subdivision approval, shall require,
unless good cause is shown for omission of same, the developer to encumber the
larger tracts (the non-cluster lots)by deed restrictions, conservation or agricultural
easements, or other mechanism satisfactory to the Planning Board, to ensure that
such parcels shall remain permanently as open space or agricultural land. For this
purpose, land shall still be considered open space or agricultural land if used for the
purposes set forth in Section 601,paragraphs 1, 2, 3, 4, 5, 8 (provided the same are
passive recreational areas), 9 and 12.
4. Notwithstanding the density limitations set forth above, any parcel of fifty acres or
larger remaining after subdividing off the clustered lots and which has been
encumbered in the manner set forth in the immediately preceding paragraph,may be
further subdivided into separate ownership provided that all parcels so further
subdivided are at least 25 acres in size,and all such parcels continue to be subject to
the open space and/or agricultural easements.
Section 611 -PARKING. Parking requirements shall be as set forth in Article XXVH.
Section 612 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
1 Screening-In addition to the landscaping,screening,fencing and buffer requirements
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set forth elsewhere in this Ordinance,additional landscaping, fencing, screening,or
earth berm may be required to be provided by the Planning Board in the site plan
review process in any area where the proposed structure or use would, in the
reasonable opinion of the Planning Board, create a hazardous condition or would
detract from the value of neighboring property if such landscaping, fencing,
screening, or berm were not provided.
Section 613-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within an Agricultural Zone requiring a special permit unless the proposed building or
structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII.
Section.614 -RIGHT TO FARM. Notwithstanding any other provisions of law, it being
the intention of this section to supersede to the extent legally possible any prior statutory or court
developed rule of law regarding nuisances or similar types of actions,on any land in an Agricultural
Zone an agricultural practice shall not constitute a private nuisance when an action is brought by a
person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an
opinion issued upon request by the New York State Commissioner of Agriculture and Markets.
Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages
for personal injury or wrongful death,
ARTICLE VII: LAKEFRONT RESIDENTIAL ZONES
Section 700-PURPOSE. The purposes of the Lakefront Residential Zone are to minimize
excessive and undesirable development in fragile lakefront areas,to protect the natural beauty and
ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy,
and to enhance the experience provided to those living near, and those who use, the resource
provided by Cayuga Lake.
Section 701-PERMITTED PRINCIPAL USES. Only the following buildings or uses are
permitted as a matter of right in a Lakefront Residential Zone:
I A one-family dwelling to be occupied by no 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
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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 aTea,it may
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exceed 50%.
3. Publicly owned park or playground including accessory buildings and improvements.
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. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 702-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special
permit for same from.the Planning Board in accordance with the procedures set forth in this
Ordinance:
1. Church or other places of worship, convent and parish house.
2. Public library,public museum, and public schools.
3. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
4. Clubhouse or lodge,provided that no building so used shall be within 100 feet from
any street or within 150 feet of the lot line of any adjoining owner or within 200 feet
of any lakeshore.
5. Bed and breakfast.
Section 703-PERMITTED ACCESSORY STRUCTURES AND USES. The following
accessory structures or uses are permitted as of right in a Lakefront Residential Zone:
1. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article, but subject to provisions of Section
2707 and further subj ect to the requirement that no vehicle parking shall occur within
one hundred feet of any shoreline.
2. Where the principal use is as a one or two family dwelling,private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
the occupants of the dwelling.
3. Up to two accessory storage buildings other than a garage, all such accessory
buildings in the aggregate not to exceed a total of 600 square feet in size.
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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 receipt of a special approval from the
Board of Appeals.
5. Signs, as regulated by the Town of Ithaca Sip Law.
6. Adult day care facilities serving no more than four clients at any one time.
7. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse,etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
Section 704-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Lakefront
Residential Zone,but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
1 Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance.
2. Home occupation.
3. The keeping of domestic animals in accessory buildings, provided that no such
building shall be nearer than 30 feet to any lot line of any adjoining owner or to the
lake shore, and further provided that there shall be no raising of fur-bearing animals,
or kennels for more than 3 dogs over 6 months old.
Section 705-ACCESSORY STRUCTURES AND USES AUTHORIZED BY SPECIAL
PERMIT ONLY. The following accessory structures or uses are permitted in a Lake Front
Residential Zone, but only upon receipt of a special permit for same from the Planning Board in
accordance with the procedures set forth in this Ordinance:
1 Fishing piers,docks,wharves,boat houses,cabanas,sea walls,and similar waterfront
structures and facilities when such uses are clearly accessory or incidental to the
primary, principal use on the property subject to all applicable state and federal
regulations and approvals. All such structures shall require a building permit. All
such structures shall additionally be subject of site plan review in accordance with
the provisions set forth elsewhere in this ordinance.
The following additional requirements shall apply to all such structures and facilities
including those subject to site plan review and those that are not subject to such
review:
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(a) The construction of such structures and facilities shall be undertaken in such
a way so as not to impact water quality,cause harm to fish spawning grounds,
destroy,the natural beauty of the shoreline,reduce the stability of steep slope
areas, cause erosion or sedimentation problems along the shoreline, create
hazards for navigation, interfere with the public use and enjoyment of the
water surface or shoreline, infringe on the riparian rights of other littoral
parcels, or otherwise threaten the public health and safety.
(b) Piers, docks and wharves shall be designed in accordance with good
engineering practice, At the discretion of the Building and Zoning
Enforcement Officer,plans approved by a licensed engineer or architect may
be required before issuance of a building permit,
(c) Such structures and facilities shall onlybe constructed of materials which are
stable,chemically inert and insoluble and which will have no adverse effects
on water quality.
(d) The amount of grading, dredging, earth moving and disturbance of land
above and below water during the construction of such structures and
facilities shall be minimized as much as possible and shall be consistent with
the permit requirements of the New York State Department ofEnviromnental
Conservation and U.S. Army Corps of Engineers regulating such activities.
(e) To permit the free circulation of water,reduce the effects of fluctuating water
levels, and prevent adverse modifications of the shoreline, piers, docks and
wharves shall be of floating construction wherever feasible and shall not be
of rockfilled cribbing, sheet piling, closely spaced piling, or such other
construction technique or materials which would significantly impair water
circulation.
The width of any pier,dock or wharf shall be a minimum of three(3)feet and
shall not exceed eight(8) feet.
(g) The length of any pier, dock or wharf shall extend offshore from the mean
low water line to a distance no greater than thirty (30) feet (or such lesser
distance as may be stipulated in any pen-nit obtained for such construction
from the N.Y.State Department of Conservation or the U.S. Army Corps of
Engineers) for each lot used for single-family residential purposes. Longer
dock lengths may be approved by the Planning Board in accordance with the
provisions of this Ordinance,when necessary to reach adequate water depths
for proposed boat docking, while complying with all other standards
contained in this section.
(h) The maximum surface area of all piers, docks, and wharves permitted on a
waterfront lot that is vacant or used for one or two family residential purposes
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shall not, in the aggregate, exceed three hundred (300) square feet.
(i) The number of piers, docks or wharves permitted on non-residential
properties shall not exceed three(3)such structures per lot. Such docks shall
not exceed a length, or be developed or configured on the site in a manner
that adversely affects existing environmental conditions or natural features,
including views, or negatively impacts navigation or riparian rights of
adjacent littoral parcels. The construction of more than three (3) such
structures per non-residential lot shall be subject to a determination by the
Town Planning Board as part of the permit process, that such additional
structures are needed to accommodate anticipated boat traffic and can be
developed on the site without adversely affecting existing environmental
conditions or natural features, or negatively impact navigation or riparian
rights of adjacent littoral parcels.
Every pier,dock or wharf that is constructed shall have a minimum c1parance
or setback of twenty(20)feet from adjacent property lines,as extended from
the shoreline, to allow adequate vessel access to neighboring waterfront
parcels. In the case of parcels bounding a substantially straight shore line,
docks and piers shall be located in the area fixed by projection of parcel lines
lakeward,at right angles from the shoreline. In the case of parcels bounding
a concave or convex shoreline, docks and piers shall be located in the area
fixed by projection of the parcel lines lakeward along the line bisecting the
angle formed by the shoreline at its intersection with the parcel lines. Where
such projections do not allow access to the line of navigability - that line
marking the minimum depth for navigation-the converging lines shall instead
ran to the line of navigability. The line of navigability shall be divided
among such parcels in proportion to their respective shares of the shoreline
and permit all shoreline parcels practicable access to navigable water.
(k) Piers, docks or wharves that extend one hundred(100)feet or more from the
shore line must be lighted during the hours of darkness in such a manner so
as to not constitute a hazard to navigation.
(1) , Lighting of the surface of any pier, dock or wharf shall be provided in such
a manner so as not to produce any offensive glare when viewed from the
water or the land. The use of low-mast lighting fixtures and deflector shields
to direct the light downward shall be required to reduce or eliminate glare.
(in) Commercial renting, leasing or operation of fishing piers, docks, wharves,
boat launching ramps or similar waterfront structures and facilities shall be
expressly prohibited in Lakefront Residential Districts.
2. Mooring buoys or facilities subject to the following restrictions:
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(a) Mooring buoys shall only be placed in connection with littoral parcels. Such
buoys shall be placed only within an area parallel to and thirty (30) feet
inward of the parcel lines extended lakeward at right angles from the
shoreline, and to a depth necessary for safe mooring of a boat.
(b) Moorings shall be placed so that objects moored to them, at full swing of
their mooring or anchor line, will be no closer than ten (10) feet to the
projection of the adjacent property lines from the shoreline.
(c) The number of private moorings permitted per each waterfront lot shall not
exceed the following:
(i) 100 feet or less of water frontage: A total of one(1) such mooring.
(ii) More than 100 feet up to 250 feet of water frontage:A total of two(2)
such moorings.
(iii) More than 250 up to 500 feet of water frontage: A total of three (3)
such moorings.
(iv) One (1) additional mooring is allowed for each 150 feet of water
frontage in excess of 500 feet.
(d) Nothing in this section is intended to require or permit activities which
contravene any laws,rules, or regulations or permits of the United States or
New York State, or any agency thereof, nor are any of the foregoing
provisions intended to supercede any requirements for the obtaining of any.
permits or approvals required by the United States or New York State,or any
agency thereof.
Section 706-HEIGHT LIMITATIONS.In Lakefront Residential Zones,no building shall
be erected, altered, or extended to exceed thirty-eight (38) feet in height from the lowest interior
grade or thirty-six(3 6)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.
Accessory buildings shall in no case exceed 20 feet in height.
Section 707-YARD REGULATIONS.In Lakefront Residential Zones yards of at least the
following dimensions are required:
1. 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.
2. Rear Yard - not less than 50 feet in depth unless the rear yard is adjacent to the
shoreline, in which event the rear yard shall be not less than 25 feet in depth.
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3. Side Yards - each not less than 20 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings-In Lakefront Residential Zones accessory buildings other than
garages may not occupy any open space other than a rear yard. Accessory buildings,
in the aggregate,may occupy not more than 15 per cent of any required rear yard and,
if other than a garage, shall be not less than 3 feet from any side or rear lot line.
Notwithstanding the foregoing,a private garage that serves dwellings on two separate
lots may be built across a common lot line with a party wall by mutual agreement
between adjoining property owners provided that there is at least one garage bay on
each lot. Any accessory building on a comer lot shall not be less than 5 feet from the
rear lot line. Where the average natural slope of a lot exceeds 8 per cent rise or fall
directly from the street line, either a private garage not over one story in height and
housing not in excess of 2 cars or a small accessory building not exceeding 20 square
feet in floor area and not exceeding 12 feet in height,may be located in the front or
side yard not less than 5 feet from said street line upon receiving a special approval
from the Board of Appeals.
6. Minimum setback from shoreline - Notwithstanding the foregoing, any principal
building,parking area or accessory structure,excluding such facilities as docks,piers,
wharves,boat ramps, and boathouses, shall be located at least twenty-five (25) feet
inland from the shoreline in order to maintain adequate access to the shoreline. The
Planning Board,during site plan review,may establish a minimum setback of greater
than twenty-five (25) feet based on due consideration by the Board of the
preservation and protection of sensitive environmental features,and the maintenance
of the wooded character of the shoreline area, as well as scenic views and vistas.
Section 708-BUILDING AREA. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage.
Section 709-SIZE AND AREA OF LOT. Lots in Lakefront Residential Zones shall meet
the following minimum requirements:
1. Minimum lot area shall be at least fifteen thousand (15,000) square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line (60 feet from the
street line) shall be 100 feet; and
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4. Minimum width at the shoreline,as measured in a straight line that is ninety degrees
from a sideline at its point of intersection with the high water line of the lake to the
other side line, shall be 100 feet; and
5. Minimum depth from the highway right of way shall be 150 feet.
Section 710-SPECIAL PROPERTIES. In the case of publicly owned properties located
in Lakefront Residential Zones,which comprise at least 6 acres in area and are traversed by interior
roads or driveways, the front and side yard requirements set forth above shall apply only along the
exterior public street frontages and there shall be no rear yard requirements. The shoreline setback
requirements shall remain.
Section 711 -PARKING. Parking requirements shall be as set forth in Article XXVII.
Section 712 - SPECIAL REQUIREMENTS. The following additional special
requirements shall apply to Lakefront Residential Zones:
1. Filling, grading, lagooning, dredging, earth-moving activities, and other land use
activities shall be conducted in such manner as to prevent to the maximum extent
possible, erosion and sedimentation of surface waters. On slopes greater than 25%,
there shall be no grading or filling within 100 feet of the shoreline unless
(a) A permit for same is obtained pursuant to the fill permit provisions of this
Ordinance or is issued by the Town of Ithaca Director of Engineering upon
his determination that such grading or filling is necessary to protect the
shoreline and to prevent erosion, or
(b) Such grading and filling is in conjunction with construction pursuant to a
building permit legally issued by the Town of Ithaca Director of Building and
Zoning after the Town of Ithaca Director of Engineering has reviewed the
proposed construction and any required or necessary erosion control measures
and has determined that the conduct of such work will not adversely affect
the shoreline.
2. In addition to the requirements of this Article, any construction, grading, or other
activities shall be conducted only in accordance with any federal,state,or other local
law or requirement pertaining to such activity, including any requirements of the
N.Y. State Department of Conservation and the U.S. Army Corps of Engineers.
ARTICLE VIII: LOW DENSITY RESIDENTIAL ZONES
Section 800-PURPOSE. The purpose of the Low Density Residential Zone is to provide
an area of limited development where it is deemed most desirable in the Town to maintain larger lots
for development and permit the possibility of continued agricultural use of the areas without limiting
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the areas to solely agricultural uses.
Section 801 -PERMITTED PRINCIPAL USES. Only the following buildings or uses are
permitted as a matter of right in a Low Density Residential Zone:
1. A one-family dwelling to be occupied by no 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
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
3. Nursery or farm,except a hog farm. On site retail sales of farm and nursery products
shall be subject to the provisions of Subdivision 8 of Section 803 below. 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.
4. Publicly owned park or playground including accessorybuildings and improvements.
5. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subj ect to the same set-
back requirements as apply to residences in the district in which the substations or
similar structures are constructed.
6. Day care homes, family day care homes and group family day care homes.
7. Community residence.
Section 802-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Low Density Residential Zone,but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
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1. Church or other places of worship, convent and parish house.
2. Cemetery and the buildings and structures incident thereto.
3. Public library,public museum,public,parochial and private schools,daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Golf course, driving range or miniature golf course.
6. Clinic and nursing or convalescent home,provided that no building so used shall be
within 100 feet from any street or within 150 feet of the lot line of any adjoining
owner.
7. Clubhouse or lodge,provided that no building so used shall be within 100 feet from
any street or within 150 feet of the lot line of any adjoining owner.
8. Bed and breakfast.
9. Equestrian facility,provided that adequate provision is made to prevent nuisance to
adjoining residences and provided
(a) The lot size is at least two acres (three acres if public sewers are not
available);
(b) There is a non-occupied and non-used buffer of at least 50 feet around the
perimeter of the lot;
(c) Any building in which farm animals are kept shall be at least 100 feet from
any lot line or street line; and
(d) No manure shall be stored.within 100 feet of any lot line or street line.
Section 803 - PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in a Low Density Residential Zone:
1. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article,but subject to provisions of Section
2707.
2. Where the principal use is as a one or two family dwelling,private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
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the occupants of the dwelling.
3. Up to three accessory buildings other than a garage, all such accessory buildings in
the aggregate not to exceed a total of 600 square feet in size unless the lot is three
acres or larger, in which event the aggregate area of the accessory building may not
exceed 2,000 square feet.
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 receipt of a special approval from the
Board of Appeals.
5. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse,etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
6. The keeping of domestic animals in accessory buildings, provided that no such
building shall be nearer than 30 feet to any lot line of any adjoining owner, and
further provided that there shall be no raising of fur-bearing animals, or kennels for
more than 3 dogs over 6 months old.
7. Signs, as regulated by the Town of Ithaca Sign Law.
8. A roadside stand or other structure,not exceeding 500 square feet of enclosed space,
for the display and sale of farm or nursery products related to farming and as a
seasonal convenience to the owner or owners of the land. The majority of the
products sold at such stand shall be, or be derived from, products produced on the
farm on which the roadside stand is located. Any such stand shall be located a
minimum of 30 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.
9. Adult day care facilities serving no more than four clients at any one time.
Section 804-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Low Density
Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
1 Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance.
2. A second dwelling unit in a building other than the principal building,provided that
(a) All of the general criteria set forth elsewhere in this Ordinance for the
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issuance of a Special Approval have been satisfied;
(b) The location of the second dwelling, and the building in which it is located,
does not adversely impact in any significant manner the adjoining neighbors;
(c) The building containing such second dwelling is located at least 40 feet from
any side boundary of the lot,and is not constructed in any required front yard.
(d) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought; .
(e) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(f) The second dwelling is located in a building that is accessory to the principal
dwelling;
(g) The building containing the primary dwelling does not contain more than one
dwelling; and
(h) There are no elder cottages or other buildings on the lot containing dwellings
other than the building containing the primary dwelling and the building for
which special approval is sought.
3. Home occupation.
Section 805-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
PERMIT ONLY. The following accessory buildings or uses are permitted in a Low Density
Residential Zone, but only upon receipt of a special permit for same from the Planning Board in
accordance with the procedures set forth in this Ordinance:
I Equestrian facility,provided that adequate provision is made to prevent nuisance to
adjoining residences and provided the lot size is at least two acres and there is a non-
occupied and non-used buffer of at least 50 feet around the perimeter of the lot.
Section 806-HEIGHT LIMITATIONS. In Low Density Residential Zones,no building
shall be erected,altered,or extended to exceed thirty-eight(3 8)feet in height from the lowest interior
grade or thirty-six(3 6)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.
Accessory buildings, other than a barn, shall in no case exceed 15 feet in height.
Section 807-YARD REGULATIONS.In Low Density Residential Zones yards of at least
the following dimensions are required:
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1 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.
2. Rear Yard-not less than 50 feet in depth.
3. 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings - In Low Density Residential Zones accessory buildings other
than garages may not occupy any open space other than a rear yard. Accessory
buildings, in the aggregate, may occupy not more than 15 per cent of any required
rear yard and,if other than a garage,shall be not less than 3 feet from any side or rear
lot line. Notwithstanding the foregoing,a private garage that serves dwellings on two
separate lots may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners provided that there is at least one
garage bay on each lot. Any accessory building on a comer lot shall not be less than
5 feet from the rear lot line. 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 receiving a special approval from the Board
of Appeals.
Section 808-BUILDING AREA. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage.
Section 809 - SIZE AND AREA OF LOT. Lots in Low Density Residential Zones shall
meet the following minimum requirements:
1. Minimum lot area shall be at least thirty thousand (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 810 - SPECIAL PROPERTIES. In the case of publicly owned properties,
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properties of universities,colleges,cemeteries,or other private institutions,located in Low Density
Residential Zones, which comprise at least 6 acres in area and are traversed by interior roads or
driveways, the front, side, and rear yard requirements set forth above shall apply only along the
exterior public street frontages and boundaries with adjacent properties.
Section 811 - PARKING. Parking requirements shall be as set forth in Article XXV1l.
ARTICLE IX: MEDIUM DENSITY RESIDENTIAL ZONES
Section 900-PURPOSE. The purpose of the Medium Density Residential Zone is to create
areas that are almost exclusively residential in nature where there is minimal intrusion of
commercial, farming, or other activities that could be detrimental to residential development and
occupancy.
Section 901-PERMITTED PRINCIPAL USES. Only the following buildings or uses are
permitted as a matter of right in a Medium Density Residential Zone:
1 A one-family dwelling to be occupied by no 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
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
3. -Publicly owned park or playground including accessory buildings and improvements.
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. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 902-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Medium Density Residential Zone, but only upon receipt of a
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special permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
I Church or other places of worship, convent and parish house.
2. Cemetery and the buildings and structures incident thereto.
3. Public library,public museum,public,parochial and private schools,daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Golf course, driving range or miniature golf course.
6. Bed and breakfast facilities providing no more than two bedrooms for transients,
unless the size of the lot on which the facility is located is at least 30,000 square feet,
in which event up to four bedrooms may be used for transients.
Section 903 - PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in a Medium Density Residential Zone:
I Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article,but subject to provisions of Section
2707.
2. Where the principal use is as a one or two family dwelling,private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
the occupants of the dwelling.
3. Up to three accessory buildings other than a garage, all such accessory buildings in
the aggregate not to exceed a total of 600 square feet in size unless the lot is three
acres or larger, in which event the aggregate area of the accessory building may not
exceed 2,000 square feet.
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 receipt of a special approval from the
Board of Appeals.
4. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
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6. Signs, as regulated by the Town of Ithaca Sip Law.
7. Adult day care facilities serving no more than four clients at any one time.
Section 904-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Medium Density
Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
I Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance,
2. Home occupation.
3. A second dwelling unit in a building other than the principal building,provided that
(a) All of the general criteria set forth elsewhere in this Ordinance for the
issuance of a Special Approval have been satisfied;
(b) The location of the second dwelling, and the building in which it is located,
does not adversely impact in any significant manner the adjoining neighbors;
(c) The building containing such second dwelling is located at least 15 feet from
any side boundary of the lot,and is not constructed in any required front yard.
(d) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought;
(c) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(f) The second dwelling is located in a building that is accessory to the principal
dwelling;
(g) The building containing the primary dwelling does not contain more than one
dwelling; and
(h) There are no elder cottages or other buildings on the lot containing dwellings
other than the building containing the primary dwelling and the building for
which special approval is sought.
4. The keeping of domestic animals in accessory buildings, provided that
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(a) The lot on which such accessory building is located is at least two acres in
size unless the Zoning Board of Appeals requires a larger lot in order to
prevent adverse effects on the adjacent or surrounding neighbors, in which
event the lot size shall be the minimum reasonably established by such
Board; and
(b) No such accessory building shall be nearer than 30 feet to any lot line of any
adjoining owner; and
(c) There shall be no raising of fur-bearing animals, or kennels for more than 3
dogs over 6 months old.
Section 905 - HEIGHT LIMITATIONS. In Medium Density Residential Zones, 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. Accessory buildings shall in no case exceed 15 feet in height.
Section 906-YARD REGULATIONS,In Medium Density Residential Zones yards of at
least the following dimensions are required:
I 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.
2. Rear Yard -not less than 30 feet in depth.
3. 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings - In Medium Density Residential Zones accessory buildings
other than garages may not occupy any open space other than a rear yard. Accessory
buildings, in the aggregate, may occupy not more than 40 per cent of any required
rear yard and,if other than a garage,shall be not less than 3 feet from any side or rear
lot line. Notwithstanding the foregoing,a private garage that serves dwellings on two
separate lots may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners provided that there is at least one
garage bay on each lot. Any accessory building on a comer lot shall not be less than
5 feet from the rear lot line. Where the average natural slope of a lot exceeds 8 per
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cent rise or fall directly from the street line, a private garage not over one story in
height and housing not in excess oft cars maybe located in the front or side yard not
less than 5 feet from said street line upon receiving a special approval from the Board
of Appeals.
Section 907-BUILDING AREA. The maximum building area shall not exceed twenty
percent of the lot area.Projections described in Section 2704 are not to be included in computing the
percentage.
Section 908 - SIZE AND AREA OF LOT. Lots in Medium Density Residential Zones
shall meet the following minimum requirements:
1 Minimum lot area shall be at least fifteen thousand(15,000) square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line(50 feet from the
street line) shall be 100 feet; and
4. Minimum depth from the highway right of way shall be 150 feet.
Section 909 - SPECIAL PROPERTIES. In the case of publicly owned properties,
properties of universities, colleges, cemeteries, or other private institutions, located in Medium
Density Residential Zones,which comprise at least 6 acres in area and are traversed by interior roads
or driveways, the front, side, and rear yard requirements set forth above shall apply only along the
exterior public street frontages and boundaries with adjacent properties.
Section 910-PARKING. Parking requirements shall be as set forth in Article XXV111.
ARTICLE X: HIGH DENSITY RESIDENTIAL ZONES
Section 1000-PURPOSE. The purpose of the High Density Residential Zone is to maintain
the residential character of certain areas of the Town,to provide a buffer or transition from the less
dense residential areas of the Town to areas where multiple residences or commercial activities may
be permitted, to provide for more affordable housing, and to encourage more intense development
where there is infrastructure already in place to support such development.
Section 1001 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted as a matter of right in a High Density Residential Zone:
1 A one-family dwelling to be occupied by no more than
(a) One family, or
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(b) One family plus no more than one boarder,roomer,lodger,or other occupant.
2. A two-family dwelling provided that
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 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%.
3. Publicly owned park or playground including accessory buildings and improvements.
4. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subj ect to the same set-
back requirements as apply to residences in the district in which the substations or
similar structures are constructed.
5. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 1002-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a High Density Residential Zone,but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
1. Church or other places of worship, convent and parish house.
2. Cemetery and the buildings and structures incident thereto.
3. Public library,public museum,public,parochial and private schools,daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Golf course, driving range or miniature golf course.
6. Clinic and nursing or convalescent home,provided that no building so used shall be
within 100 feet from any street or within 150 feet of the lot line of any adjoining
owner.
7. Clubhouse or lodge,provided that no building so used shall be within 100 feet from
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any street or within 150 feet of the lot line of any adjoining owner.
8. Bed and breakfast facilities providing no more than two bedrooms for transients,
unless the size of the lot on which the facility is located is at least 30,000 square feet,
in which event up to four bedrooms may be used for transients.
9. Adult care facility.
10. Child day care center.
Section 1003 -PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in a High Density Residential Zone: .
1. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article, but subject to provisions of Section
2707 of this Ordinance.
2. Where the principal use is as a one or two family dwelling,private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of
the occupants of the dwelling.
3. Up to three accessory buildings other than a garage, all such accessory buildings in
the aggregate not to exceed a total of 600 square feet in size unless the lot is three
acres or larger, in which event the aggregate area of the accessory building may not
exceed 2,000 square feet.
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 receipt of a special approval from the
Board of Appeals.
5. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
6. Signs, as regulated by the Town of Ithaca Sign Law.
Section 1004-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a High Density
Residential Zone,but only upon receipt of a special approval for same from the Board of Appeals
in accordance with the procedures set forth in this Ordinance:
1. Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this
Ordinance.
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2. Home occupation.
Section 1005-HEIGHT LIMITATIONS.In High Density Residential Zones,no building
shall be erected,altered,or extended to exceed thirty-eight(3 8)feet in height from the lowest interior
grade or thirty-six(3 6)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.
Accessory buildings shall in no case exceed 15 feet in height.
Section 1006 - YARD REGULATIONS. In High Density Residential Zones yards of at
least the following dimensions are required:
1. 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.
2. Rear Yard-not less than 30 feet in depth.
3. Side Yards - each not less than 10 feet in width, except that in one of the side yards
a one-story garage, either attached to the principal building or separate therefrom,
may be 7 feet from a side line which is not a street line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Accessory Buildings -In High Density Residential Zones accessory buildings other
than garages may not occupy any open space other than a rear yard. Accessory
buildings, in the aggregate, may occupy not more than 40 per cent of any required
rear yard and,if other than a garage, shall be not less than 3 feet from any side or rear
lot line. Notwithstanding the foregoing,a private garage that serves dwellings on two
separate lots may be built across a common lot line with a party wall by mutual
agreement between adjoining property owners provided that there is at least one
garage bay on each lot. Any accessory building on a comer lot shall not be less than
5 feet from the rear lot line. 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 maybe located in the front or side yard not
less than 5 feet from said street line upon receiving a special approval from the Board
of Appeals.
Section 1007-BUILDING AREA. The maximum building area shall not exceed twenty-
five percent of the lot area. Projections described in Section 2704 are not to be included in
computing the percentage.
Section 1008-SIZE AND AREA OF LOT. Lots in High Density Residential Zones shall
meet the following minimum requirements:
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1. Minimum lot area shall be at least nine thousand(9,000) square feet; and
2. Minimum width at the street line shall be 60 feet; and
3. Minimum width at the maximum required front yard setback line(50 feet from the
street line) shall be 75 feet; and
4. Minimum depth from the highway right of way shall be 120 feet.
Section 1009 - SPECIAL PROPERTIES. In the case of publicly owned properties,
properties of universities,colleges,cemeteries,or other private institutions,located in High Density
Residential Zones, which comprise at least 6 acres in area and are traversed by interior roads or
driveways, the front, side, and rear yard requirements set forth above shall apply only along the
exterior public street frontages and boundaries with adjacent properties.
Section 1010-PARKING, Parking requirements shall be as set forth in Article XXVH.
ARTICLE XI: MOBILE HOME PARK ZONES
Section 1100- PURPOSE. The purpose of the Mobile Home Park Zone is to provide an
area in which concentrated development utilizing mobile homes may occur to encourage alternative
and less costly housing accommodations in the Town.
Section 1101 -MINIMUM AREA. A minimum tract of at least five acres is required for
a Mobile Home Park.
Section 1102 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted as a matter of right in a Mobile Home Park Zone:
1. Mobile homes, each to be occupied by not more than
(a) one family, or
(b) one family plus no more than two boarders,roomers,lodgers,or other
occupants.
2. Not more than one one-family dwelling (other than a mobile home) to be occupied
by no more than one family.
3. Publicly owned park or playground including accessory buildings and improvements.
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 zone in which the substations or
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similar structures are constructed.
5. Day care homes, family day care homes and group family day care homes.
6. Community residence.
Section 1103-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Mobile Home Park Zone,but only upon receipt of a special permit
for same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1. Child day care center
Section 1104- PERMITTED ACCESSORY USES. The following accessory buildings
or uses are permitted as of right in a Mobile Home Park Zone:
I Automobile parking and garages,subject to the further requirements of this Article.
2. Structures and open land for recreation, intended for use by the residents of the
Mobile Home Park.
3. Such areas and structures as may be necessary for housekeeping activities, such as
a common laundry or garden plots. The use of any such area or structure may be
limited to residents of the Mobile Home Park.
4. Storage buildings for storage of belongings of the residents of the Mobile Home
Park.
5. Maintenance buildings, storage buildings, and one central office building, all of
which must be utilized solely in connection with the operation of the Mobile Home
Park.
6. Community building for use by the residents of the Mobile Home Park and their
guests.
7. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
Section 1105-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Mobile Home
Park Zone, but only upon receipt of a special approval for same from the Board of Appeals in
accordance with the procedures set forth in this Ordinance:
I Home occupation.
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Section 1106 - HEIGHT LIMITATIONS. In Mobile Home Park Zones the following
height restrictions shall apply:
1. No mobile home or one-family dwelling shall be erected, altered, or extended to
exceed thirty-eight(3 8)feet in height from the lowest interior grade or thirty-six(36)
feet in height from the lowest exterior grade,whichever is lower.
2. No other building shall be erected, altered,or extended to exceed fifteen(15)feet in
height from the lowest exterior grade.
3. No structure other than a building shall be erected, altered, or extended to exceed
thirty(30) feet in height from the lowest exterior grade.
Section 1107-YARD REGULATIONS. In Mobile Home Park Zones the following yard
regulations shall apply:
1 Mobile homes shall have the following minimum yard sizes:
(a) Front Yard - if on a public road, not less twenty feet in depth from the
highway right of way line; if on an interior private road at least twenty feet
in depth from the edge of such road if paved, and if not paved, at least
twenty-five feet from the edge of the traveled way.
(b) Rear Yard-not less than ten feet in depth.
(c) Side Yards - each not less than ten feet in width.
2. A one-family dwelling and accessory buildings related to the one-family dwelling,
shall be subject to the minimum yard sizes set forth in the High Density Residential
Zone unless adjacent to a mobile home, in which event the size of the yard adjacent
to the mobile home shall be reduced to the minimum yard size required for a mobile
home above.
3. In Mobile Home Park Zones accessory buildings may occupyany open space beyond
the minimum yards set forth above.
4. Notwithstanding the foregoing, any special yard requirements for specific uses or
buildings set forth elsewhere in this Ordinance shall, if more restrictive, supersede
the above yard provisions.
Section 1108 - BUILDING AREA. The maximum building area shall not exceed forty
percent of the gross area of the mobile home park. Projections described in Section 2704 are not to
be included in computing the percentage.
Section 1109-LOT AREA. Each mobile home lot shall have a minimum lot area of 5,000
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square feet. The arrangement of lots in the park shall facilitate the efficient development of land and
permit the convenient access of emergency vehicles.
Section 1110-SPECIAL REQUIREMENTS. Mobile home parks shall be subject to the
following special requirements:
1 Stand Location: The location of the mobile home stand on each lot shall be
identified on the site plan.
2, Anchors: The mobile home stand shall be provided with anchors and other fixtures
capable of securing and stabilizing the mobile home. These anchors shall be placed
at least at each comer of the mobile home stand.
3. Skirting: Each mobile home owner, within thirty (30) days after the arrival of the
mobile home in the park, shall be required to enclose the bottom space between the
edge of the mobile home and the mobile home stand with a skirt of metal, wood or
other suitable material. This skirt shall be properly ventilated and securely attached
to the mobile home.
4. Parking: Parking requirements shall be as set forth in Article XXV11.
5. Buffer Yards: A buffer yard at least 50 feet wide shall be provided around the
perimeter of the mobile home park. No structures are permitted in the buffer yard
and the Planning Board may require that suitable landscaping be provided in order
to effectively screen the mobile home park from adjacent properties. Parking spaces
are not permitted in the buffer yards.
6. Access Drives and Walkways: Access drives shall be paved with blacktop,concrete,
or other solid material. Driveways and walkways shall provide safe access, egress,
and traffic circulation within the site. The placement, size, and arrangement of
access to public ways shall be subject to the approval of the appropriate highway
authority. Where the density of population or school bus routes make it necessary,
sidewalks and bus shelters may be required.
7. Open Space and Recreation Areas: The mobile home park owner shall provide
recreation areas on the premises, including but not limited to I play areas. The
Planning Board shall review and approve all such areas. Ten percent (10%) of the
gross lot area of the mobile home park, exclusive of the area reserved for buffer
yards, shall be permanently maintained as open space.
8. Storage Space: The mobile home park owner shall provide storage space in
convenient locations for each mobile home lot. This storage space shall be contained
in an enclosed and secure structure. Several storage structures may be located in a
common building. The minimum dimensions of storage space per lot shall be eight
feet high, eight feet deep, and four feet wide.
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9. Screening of Waste and Refuse: One or more common areas shall be provided for
the disposal of waste,refuse and recyclables. These areas shall contain secure bins
of a suitable size. These areas shall be screened from public view by shrubbery or
a fence.
10. Signs. A single sign for the mobile home park is permitted. The size and other
characteristics shall be regulated by the Town of Ithaca Sign Law.
11. Operating Permits. An operating permit shall be required far all mobile home parks.
This permit shall be renewable annually. The Building Inspector shall make periodic
inspections of the mobile home park to determine whether such park is in compliance
with the terms and conditions of the permit,the Zoning Ordinance and the site plan
approval. The fee for the operating permit shall be in accordance with the following
schedule based on the number of mobile homes then located in the mobile home
park:
I -4 units $25.00
5 - 9 units $50.00
10 - 24 units $100.00
25 - 49 units $200.00
50 - 100 units $400.00
over 100 units (No. of Units) times ($4.00)
12. Building Permits. Notwithstanding any other provision of this Ordinance of the
Building Code, a building permit shall be required for each mobile home and/or
structure to be sited or constructed.
Section 1111 - SITE PLAN APPROVALS. No building permit shall be issued for a
structure in a Mobile home Park Zone unless the proposed structure is in accordance with a site plan
approved by the Planning Board and,if required,by the Tompkins County Health Department. No
subdivision of a mobile home park site plan is permitted without approval of the Town Board,
following Planning Board review. No alteration, amendment or change in a mobile home park site
plan is permitted without approval of the Planning Board.
ARTICLE XII: MULTIPLE RESIDENCE ZONES
10ed on 1200-PURPOSE. The purpose ofthe Mul i le Residence Zone is+ permit,-,where
k3 LI V A _&%_& 01 - - I L.Lpl LO L
appropriate, the construction and development of multiple-family residences in the Town. At the
same time, the Town does not desire the large-scale development of these units to the extent that
large areas of the Town would be devoted to such use and single-family residences would be
incompatible. Accordingly, additional areas may be zoned as a Multiple Residence Zone upon
application for a specific proposal in accordance with the normal rezoning procedures. Generally,
such re-zoning will be permitted only in areas where public water and sanitary facilities are available,
where public transportation may be readily available, and where other resources and facilities that
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complement multiple residence occupancy are found. In reaching its decision on whether to rezone
to a Multiple Residence Zone, the Town Board shall consider the general criteria set forth in this
Ordinance, the most current comprehensive or master plan for the town, and this statement of
purpose.
Section 1201 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Multiple Residence Zone:
I One-family dwellings, two-family dwellings and multiple- family dwellings. Each
dwelling unit in an multiple residence zone 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.
2. Day care homes, family day care homes and group family day care homes.
Section 1202 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in a Multiple Residence Zone:
I Automobile parking and garages, subject to the further requirements of this article.
2. Structures or use of open land for recreation, intended for residents of the Multiple
Residence Zone, including swimming pools, tennis courts, and other similar
recreational facilities.
3. Such uses as may be necessary for housekeeping activities, such as drying yards or
structures in which laundry facilities are maintained but any such use must be limited
to residents of multiple dwellings.
4. Storage buildings for storage ofbelongings of the residents ofthe Multiple Residence
Zone.
5. Maintenance buildings and one central office building, all of which must be utilized
solely in connection with the operation of multiple-family dwellings in the Multiple
Residence Zone.
6. Community building for use by the residents of multiple-family dwellings in the
Multiple Residence Zone and their guests.
7. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit(e.g. outside doghouse, etc.)provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
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Section 1203-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Multiple Residence Zone,but only upon receipt of a special permit
for same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1 Bed and Breakfast.
2. Adult care facility.
3. Child day care center.
Section 1204-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Multiple
Residence Zone,but only upon receipt of a special approval for same from the Board of Appeals in
accordance with the procedures set forth in this Ordinance:
1 Home occupation.
Section 1205-MINIMUM AREA FOR MULTIPLE RESIDENCE ZONE. A minimum
tract of two(2)acres is required for the development of a Multiple Residence Zone. Such tract shall
contain a minimum of 3500 square feet of gross lot area for each dwelling unit to be constructed.
Section 1206-HEIGHT LIMITATIONS. In Multiple Residence Zones,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.
Section 1207 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Multiple Residence Zones yards of at least the following dimensions are
required:
I Front Yard-not less than 50 feet in depth.
2. Rear Yard-not less than 50 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot,but not less
than 50 feet from any structure to a side property line.
r� I �1_
4. �_ollrtS - shall be co=pletely open on one side,wIL11 a width not less tharfi theheight
of the tallest opposite structure and a depth not more than one and one-half the
width.
5. Spaces Between Buildings-the distance between any two structures shall be no less
than twenty feet.
The foregoing requirements may include any required buffer areas and shall not be in
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addition to any required buffer areas.
Section 1208 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1204 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent of the lot area. For this purpose 'useable open space'shall mean
that portion of the lot area not covered by any structure (as defined in Article 1) or driveway, and
generally intended to be occupied by suitable vegetation or landscaping.
Section 1210-SIZE AND AREA OF LOT.Lots in Multiple Residence Zones shall meet
the following minimum requirements:
1. Minimum lot area shall be at least thirtythousand(30,000)square feet ifpublic sewer
facilities are available, otherwise the minimum lot area shall be at least two acres;
and
2. Minimum width at the street line shall be 100 feet; and
3. Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 150 feet; and
4. Minimum depth from the street line shall be 200 feet.
Section 1211 -PARKING. Parking requirements shall be as set forth in Article XXVH.
Section 1212 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
1. 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 streets shall be subject to the approval of the appropriate highway authority.
Where density of population, traffic, bus routes, or other safety issues make it
desirable, the developer or applicant for rezoning shall install sidewalks with the
approval of the appropriate highway authority.
2. Recreation - The developer or applicant shall provide recreation areas for children
on the premises, such playgrounds, parks, or other recreational facilities, in such
amount as may be necessary to protect the health, safety and general welfare of the
children and residents in the district.
3. Screening of Waste and Refuse - No waste or refuse shall be placed outside any
building in a Multiple Residence Zone except that an area common to all buildings,
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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. Such area and receptacles shall not be located in the buffer
area set forth above. No refuse shall be burned on the premises.
4. Buffer Areas - No structure shall be placed nearer to any other residence zone,
agricultural zone, commercial zone or industrial zone than double the maximum
distance of the side yard requirement of the adjoining zone (e.g. if the Multiple
Residence Zone adjoins a Low Density Residence Zone, and if the maximum side
yard requirement in such Low Density Zone is 40 feet (excluding the 15 foot side
yard applicable to garages, as such 15 foot distance is not the maximum side yard
requirement),no structure in the Multiple Residence Zone shall be closer than 80 feet
to such Low Density Zone). A strip at least ten feet wide within such buffer area
shall be suitably planted to screen a Multiple Residence Zone from other present or
future residences outside the Zone,or a suitable screening fence shall be erected. The
Planning Board, in reviewing the site plan, may alter or waive the vegetative
requirement along the public street side.
5. Additional Screening-In addition to the landscaping, screening, fencing and buffer
requirements set forth above,the Planning Board in the site plan review process may
require additional landscaping, fencing, screening, or earth berm to be provided in
any area where the proposed structure or use would, in the opinion of the Planning
Board, create a hazardous condition or would detract from the value of neighboring
property if such additional landscaping, fencing, screening, or berm were not
provided.
Section 1213-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Multiple Residence Zone unless the proposed building is in accordance with
a site plan approved pursuant to the provisions of Article XXIJI. In addition to the site plan
requirements set forth such provisions, the site plan shall be subject to the following additional
requirements as authorized by Town Law Section 274-a:
1. Such site plan shall show, when required by the Planning Board a park or parks
suitably located for playground or other recreational purposes.
2. 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 It-he,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.
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3. 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.
4. 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 maybe 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.
5. 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 maybe determined,the
amounts payable pursuant to this section shall be as set forth in, or determined by,
such local law.
ARTICLE XIII: COMMERCIAL ZONES GENERALLY
Section 1300 - PURPOSE. The purpose of the establishing Commercial Zones and the
following regulations is to establish certain areas where retail businesses and other commercial uses
of land will be encouraged and to establish standards by which development in these areas shall
occur.
Section 1301 - PERMITTED ACCESSORY USES. Permitted Accessory Uses in all
Commercial Zones shall be the following:
I Automobile parking and off-street loading areas,subject to the further requirements
of this Ordinance.
2. Accessory storage buildings,but not to include outside storage.
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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. Child day care centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
Section 1302 -MINIMUM AREA FOR COMMERCIAL ZONE. A minimum tract of
two (2) acres is required for the development of a Commercial Zone except for a Neighborhood
Commercial Zone for which the minimum tract required is one (1) acre and except for a Vehicle
Fueling and Repair Zone for which the minium tract required is 30,000 square feet.
Section 1303 HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law,in Commercial Zones no building shall exceed thirty-eight(3 8)feet in height
from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
structure other than a building shall exceed thirty(30) feet in height.
Section 1304 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law,in Commercial Zones yards of at least the following dimensions are required:
1. Front Yard- not less than 50 feet in depth.
2. Rear Yard-not less than 30 feet in depth.
3. 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.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
Section 1305 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1306 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent 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.
Section 1307 - SIZE AND AREA OF LOT. Lots in Commercial Zones shall meet the
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following minimum requirements:
1. Minimum lot area shall be at least thirty thousand(30,000)square feet ifpublic sewer
facilities are available, otherwise the minimum lot area shall be at least two acres;
and
2. Minimum width at the street line shall be 100 feet;and
3. Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 150 feet; and
4. Minimum depth from the street line shall be 200 feet.
Section 1308-PARKING. Parking requirements shall be as set forth in Article XXVU.
`Section 1309 - ADDITIONAL SPECIAL REQUIREMMENTS. Additional special
requirements include the following:
1. Off-street Loadinu- At least one off-street loading space shall be required for each
20,000 square feet of floor area, including basement.
2. 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. Unless waived by the Town Board
or Planning Board for good cause shown, sidewalks shall be installed by the
developer of any commercial zone (except Lake Front Commercial Zones)
simultaneously with construction of any commercial buildings on any site.
3. Buffer Areas and Screeninu-No structure shall be placed closer than fifty feet to any
residence zone and thirty feet to any other zone. A strip at least ten feet wide within
such buffer area shall be suitably planted to screen a Commercial Zone 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 Commercial Zone except that an area
common to all businesses,or a separate area for each business may 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.
4. Additional Screening-In addition to the landscaping, screening, fencing and buffer
requirements set forth above, additional landscaping, fencing, screening, or earth
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berm maybe required to be provided by the Planning Board in the site review process
in any area where the proposed structure or use would, in the reasonable opinion of
the Planning Board,create a hazardous condition or would detract from the value of
neighboring property if such landscaping, fencing, screening, or berm were not
provided.
5. Supplemental Limitations -In the event that any of the uses permitted in any of the
Commercial Zones involve auxiliary, small-scale assembly, repair, processing,
fabrication, or cooking, 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 no objectionable noise, smoke, odor, vibration or disorder created
thereby shall be experienced beyond the lot lines of said businesses.
6. Displays-In all Commercial Zones except Gasoline and Repair Commercial Zones,
no outside displays shall be permitted unless otherwise specifically authorized by this
Ordinance.
Section 1310-DRIVE-THROUGH OPERATIONS. The inclusion in any zone of a use,
such as a restaurant, bank, or pharmacy, that can be operated without a drive-up or drive-through
facility, does not permit a drive-up or drive-through facility associated with such use unless the
provisions applicable to such zone specifically state otherwise.
Section 1311-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Commercial Zone unless the proposed building is in accordance with a site plan
approved pursuant to the provisions of Article XXM of this Ordinance.
ARTICLE XIV: NEIGHBORHOOD COMMERCIAL ZONES
Section 1400 - PURPOSE. The purpose of the Neighborhood Commercial Zone is to
provide areas or centers for shopping and service-oriented uses that are easily accessible to the
neighborhoods which they serve, which are not intended to draw customers from considerable
distances, or which have low-volume traffic and no significant impacts so as to be minimally
intrusive upon residential neighborhoods. These zones shall be located so as to be generally
distributed throughout the Town in proportion to the population and shall be limited both in size and
in proximity to one another.
Section 1401 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Neighborhood Commercial Zone:
I The following retail uses provided that the interior floor area is 5,000 square feet or
less:
(a) Retail food store/grocery
(b) Retail sales of candy, ice cream, gifts, flowers and similar small items
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(c) Retail store (other than a retail store expressly referred to elsewhere in this
Ordinance)where goods are sold from inside the store and rental of goods is
not a significant portion of the revenues
(d) Arts and crafts gallery/studio
(e) Photography store/studio
(f) Drugstore/pharmacy
(g) Florist
(h) Bicycle sales/repairs which may include outside displays
(i) Bakery
0) Plant nursery which may include outside displays
(k) Hardware store
(1) Painting and decorating boutique
(in) Bookstore or newsstand
2. The following personal service retail uses provided that the interior floor area is
5,000 square feet or less:
(a) Bank or other financial institution
(b) Laundromat, dry cleaning(self service or pickup)
(c) Barber shop or beauty parlor
(d) Milliner/dressmaker/tailor
(e) Shoe maker/repair
(f) Restaurant or coffee shop
(g) Caterer
(h) Photocopying/related printing
(i) Optician
0) Decorator
3. Business, professional, administrative, or governmental office, but excluding a
medical or dental clinic.
4. Fire station and emergency medical services
5. The following uses provided that the area on which construction occurs on the land
is 5,000 square feet or less, (excluding underground utilities)
(a) 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 other buildings in the district
in which the substations or similar structures are constructed.
Section 1402-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Neighborhood Commercial Zone,but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
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1. Any of the uses, except caterer, set forth above as being permitted as of right where
the interior floor area for such use exceeds 5,000 square feet.
2. The following uses where the construction on the lot exceeds 5,000 square feet of
land area but does not exceed 10,000 square feet of land area(excluding underground
utilities):
(a) 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 other buildings in the district
in which the substations or similar structures are constructed.
3. Bank or other financial institution with a drive-through with a maximum of two
drive-through lanes served by tellers or automatic teller machines.
4. Furniture and appliance sales and service.
5. Packaging/mailing service.
6. Hotel or motel provided the facility fronts on a state highway.
7. Child day care center and elder care center.
8. Club house, lodge, community center.
9. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Neighborhood Commercial Zone if it were not in a mixed
use facility.
10. Health or fitness center.
11. Any other lawful use, not otherwise specifically referred to in this Ordinance, that
both the Planning Board and the Zoning Board of Appeals find is substantially
similar to a use permitted as of right in the Neighborhood Commercial Zone and does
not have greater adverse effects upon traffic,noise, air quality,parking,or any other
attribute reasonably relevant, than a use permitted as of right.
Section 1403-MAXIMUM BUILDING SIZE. No building in a Neighborhood Commercial Zone
shall exceed 7,500 square feet in size (inclusive of all floors except a basement used solely for
storage) unless the Planning Board, by special permit, authorizes the size to be increased up to
10,000 square feet. In no event shall a building exceed 10,000 square feet in size (inclusive of all
floors except a basement used solely for storage).
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ARTICLE XV: OFFICE PARK COMMERCIAL ZONES
Section 1500-PURPOSE. The purpose of the Office Park Commercial Zone is to provide
areas in the Town where office parks involving business offices but not retail sales nor industrial
products might be located in a manner that is not totally inconsistent with residential areas but which
may serve as transition zones from lower density residential to higher intensity residential and
commercial uses and may involve traffic and other impacts that would begin to degrade the
residential environment.
Section 1501 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in an Office Park Commercial Zone:
I Bank or other financial institution with or without a drive-through facility,provided
any drive-through facility shall be limited to no more than two drive-through lanes.
2. Business, administrative or professional offices.
3. Medical and dental clinics not involving any overnight occupancy.
4. Optician and related facilities.
5. Municipal or other governmental offices.
'Section 1502-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Office Park Commercial Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance:
I Any municipal or public utility purpose necessary to the maintenance of utility
services involving construction on more than 10,000 square feet of land.
2. Fire station or other public building necessary to the protection of or servicing of a
neighborhood.
3. Arts and crafts gallery or studio.
4. Restaurant.
5. Packaging/mailing service.
6. Research and development facility which contains laboratories or other areas that are
not offices.
7. Club house, lodge, community center.
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8. Hospital,medical or dental clinic that involves overnight occupancy.
Section 1503 - ADDITIONAL PERMITTED ACCESSORY USES. In addition to
accessory uses authorized in all Commercial Zones, the following accessory uses are permitted in
a Office Park Commercial Zone:
1. Cafeteria or lunchroom.
2. Retail sales of candy, ice cream,baked goods, flowers, and other small items.
3. Child or elder day care center.
4. Health or fitness center.
ARTICLE XVI: COMMUNITY COMMERCIAL ZONES
Section 1600-PURPOSE. The purpose of the Community Commercial Zone is to provide
areas in the Town for a broader range of economic activities which include activities that may draw
clientele from all areas in the Town and from outside the Town. It is the intention to locate such
areas where there is minimal impact on established residential neighborhoods,where the necessary
infrastructure is available,and where transportation facilities can be provided. The uses in this Zone
will typically involve more traffic and related noises than in the Neighborhood and Office Park
Commercial Zones.
Section 1601 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Community Commercial Zone:
1. Any of the uses permitted in a Neighborhood Commercial Zone or the Office Park
Commercial Zone that do not require a special permit or approval other than for the
size of the facility. Such uses are permitted as of right if the interior floor area is not
more than 10,000 square feet.
2. Any of the following uses provided that the interior floor area is 10,000 square feet
or less:
(a) Bank or other financial institution with drive-through with a maximum of two
drive-through lanes served by tellers or automatic teller machines.
(b) Building supply which may include outside displays.
(c) Drug store with a drive-through with no more than one driving lane passing
through the drive-through window area.
(d) Electrical shop.
(e) Furniture and appliance sales and service.
(f) Glass shop.
(g) Greenhouse which may include outside displays.
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(h) Heating shop.
(i) Monument works which may include outside displays,
0) Optician.
(k) Package liquor store.
(1) Pet shop,provided such shop does not have any outside pens or runs.
(in) Plumbing shop.
(n) Printer.
(o) Video store.
(p) Packaging/mailing service.
3. Hotel or motel of 30 sleeping rooms or less.
Section 1602-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Community Commercial Zone,but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
Ordinance and provided the interior floor area for each store (or if the use is other than as a store,
the space occupied by each entity) is no greater than 25,000 square feet unless limited below to a
lesser amount:
1. Any of the uses permitted in Neighborhood Commercial Zone or Office Park
Commercial Zone upon receipt of a special permit.
2. Any of the uses set forth in Sections 1401, 1402, 1501 and 1601 above where the
interior floor area for such use exceeds the maximum permitted allowable in said
sections, usually 10,000 square feet.
3. Public library.
4. 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.
5. Restaurant or other place for the serving of food, with or without a drive-through
facility provided,however,that no new restaurant with a drive-through facility shall
be permitted within 1500 feet of the property boundary line of an existing restaurant
with a drive-through facility.If alcoholic beverages are served,the place of business
shall be located at least 200 feet from a school or church and at least 150 feet from
any residence zone. NobvithI standingany other provision of this Ordinance-,no such
facility with a drive-through shall exceed 10,000 square feet of interior space.
6. Bar or tavern,provided the place of business is located at least 200 feet from a school
or church and at least 150 feet from any residence zone.
7. Bank or other financial institution with drive-through with not more than three drive-
through lanes served by tellers or automatic teller machines.
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8. Drug store or pharmacy with a drive-through with not more than three driving lanes
passing through the drive-through window(s) area.
9. 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.
10. Undertaker.
11. Hotel or motel with more than 30 sleeping rooms.
12. Public parking garage or lot such as a Park-n-ride parking lot.
13. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Community Commercial Zone if it were not in a mixed use
facility.
14 Veterinary office or clinic. No veterinary office or clinic shall exceed 10,000 square
feet of interior space.
15. Medical and dental clinics not involving any overnight occupancy.
16. Upholsterer.
17. Car wash,including a car wash drive-through facility,provided the foot-print of the
car wash building does not exceed 10,000 square feet.
18. Any other lawful use,not otherwise specifically referred to in this Ordinance, that
both the Planning Board and the Zoning Board of Appeals find is substantially
similar to a use permitted as of right in the Community Commercial Zone and does
not have greater adverse effects upon traffic,noise, air quality,parking,or any other
attribute reasonably relevant, than a use permitted as of right.
ARTICLE XVII: VEHICLE FUELING AND REPAIR COMMERCIAL ZONES
Section 1700 - PURPOSE. The purpose of the Vehicle Fueling and Repair Commercial
Zone is to provide areas where retail sales of automotive gasoline and related products might occur
as well as+,.-I sale and repair of automobiles,all in an environment that minimizes the impact of such
activities on residential and Neighborhood Commercial Zones.
Section 1701 - PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Vehicle Fueling and Repair Commercial Zone:
I Vehicle fuel sales station and vehicle repair garage provided that all servicing of
vehicles shall take place on private property, and that no repair work, except short-
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term emergency repairs, be carried on out-of-doors.
2. Car wash, including a car wash that is a drive-through facility.
Section 1702-PRINCIPAL USE AUTHORIZED BY SPECIAL PERMIT ONLY. The
following use is permitted in a Vehicle Fueling and Repair Commercial Zone,but only upon receipt
of a special permit for same from the Planning Board in accordance with the procedures set forth in
this Ordinance:
I Convenience store with gasoline sales.
2. Public parking garage or parking lot.
3. 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 other buildings in the district in which the
substations or similar structures are constructed.
ARTICLE XVIII: LAKEFRONT COMMERCIAL ZONES
Section 1800- PURPOSE. The purpose of the Lakefront Commercial Zone is to provide
areas in the Town for coherent development of commercial facilities that are uniquely related to the
shore front of Cayuga Lake and are not inherently incompatible with adjacent residential zones.
Section 1801 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Lakefront Commercial Zone:
I. Boat Harbor and Marina.
Section 1802-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Lakefront Commercial Zone upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1 Restaurant or other place for the serving of food. If alcoholic beverages are served,
the place of business shall be located at least 200 feet from a school or church or 150
feet from a residence district.
2. rlTT or motel,provided that the principal builIding is set back at 100 feet ftoin Hotel
the shoreline.
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.
4. Mixed use commercial and residential provided the commercial use is a use that
would be permitted in a Lakefront Commercial Zone if it were not in a mixed use
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facility and provided that any residential component of any building is set back at
least 100 feet from the shoreline.
5. Any municipal or public utility purpose necessary to the maintenance of utility
services involving construction on not more than 5,000 square feet of land.
Section 1803-ACCESSORY USE AUTHORIZED BY SPECIAL PERMIT ONLY. In
addition to accessory uses authorized in all Commercial Zones, the following accessory use is
permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for same from
the Planning Board in accordance with the procedures set forth in this Ordinance:
I Retail sales of candy, ice cream,baked goods, flowers, and other small items.
ARTICLE XIX: LIGHT INDUSTRIAL ZONES
Section 1900 - PURPOSE. The purpose of the Light Industrial Zone is to permit, where
appropriate, the construction of research and development oriented industries, high technology
enterprises,light manufacturing facilities,and other moderately intensive industrial activities which
would not generally be appropriate in residential areas but which may not require the same level of
separation from residential areas as more intensive industrial uses. Areas may be zoned as a Light
Industrial Zones by the Town Board or upon application for a specific proposal, all in accordance
with the normal rezoning procedures. Generally, such re-zoning will be permitted only in areas
where public water and sanitary facilities are available,where public transportation may be readily
available,and where other resources and facilities that complement multiple light industrial uses are
found. In reaching its decision on whether to rezone to a Light Industrial Zone, the Town Board
shall consider the general criteria set forth in this Ordinance, the most current comprehensive or
master plan for the town, and this statement of purpose.
Section 1901 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in a Light Industrial Zone:
1 Business, administrative or professional offices.
2. Industrial uses employing electric power or other motor power, or utilizing hand
labor for fabrication or assembly.
T-A -A eincludi g self-se—ice storage facilities.
I ujuoor warehousing and i..%Aoor storagel I din I V
4. Printing, publishing and bookbinding.
5. Research and development facilities utilizing office spaces, indoor scientific
laboratories, and other similar indoor spaces.
Section 1902 - ADULT ENTERTAINMENT USES AUTHORIZED BY SPECIAL
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APPROVAL ONLY. Adult entertainment businesses are permitted in certain Light Industrial
Zones,but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance after receipt of a favorable recommendation for same
from the Planning Board, and only upon the conditions set forth below:
1 Adult entertainment businesses are permitted only in those Light Industrial Districts
which adjoin a State Highway(e.g. New York State Route 13).
2. The Board of Appeals,after favorable recommendation of the Planning Board,grants
a special approval for same in accordance with the provisions of the Special Permits
and Special Approvals Article of this Ordinance utilizing the criteria set forth or
referred to in said article for the granting of a special approval.
3. The building in which the business is conducted, and the related parking areas, are
located at least,150 feet from any highway right of way line,at least 280 feet from the
boundary of any other zoning district, and at least 280 feet from any public park,
school, or church. For this purpose, the Finger Lakes Trail is considered a public
park, and the boundaries of such Trail are deemed to be the lines on each side of the
centerline that are parallel to, and twenty feet from, the centerline of the Trail.
4. The building and lot upon which it is located comply in all other respects with the
requirements set forth in the provisions of this article governing light industrial
zones,except as modified by this section and with the following further exceptions:
(a) If the type of adult entertainment business is one specified in Section 2707
the minimum parking requirements shall be those set forth in such section for
that type of structure (e.g. if the adult entertainment business is a theater,
there shall be one parking space for each five seats).
(b) If the type of adult entertainment business is not one specified in Section
2707 the minimum parking requirement shall be 300 square feet of parking
area,including lanes and driveways,for each 100 feet of floor area, exclusive
of basements used for storage. (e.g. if the adult entertainment business is a
massage parlor, the minimum parking area shall be 300 square feet for each
100 feet of floor area).
(c) The minimum parking requirements may be reduced in accordance with the
criteria and procedures referred to Section 27107.
Section 1903 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in a Light Industrial Zone:
1 Automobile parking and off-street loading areas subject to the further requirements
of this article.
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2. Accessory storage buildings,but not to include outside storage.
3. Signs, as regulated by the Town of Ithaca Sign Law.
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. Guardhouse.
6. Child Day Care Centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
7. Cafeteria or lunchroom.
8. Recreational facilities including playfields, ballfields, tennis and volleyball courts,
swimming pools and fitness centers.
9. Fences up to eight feet in height if approved by the Planning Board as appropriate
and necessary for the proposed use.
Section 1904-MINIMUM AREA FOR A LIGHT INDUSTRIAL ZONE. A minimum
tract of ten acres is required for the development of a Light Industrial Zone.
Section 1905 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Light Industrial Zones no building shall exceed thirty-eight (38) feet in
height from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and
no structure other than a building shall exceed thirty-six (36) feet in height.
Section 1906 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Light Industrial Zones yards of at least the following dimensions are
required:
I Front Yard- not less than 150 feet in depth.
2. Rear Yard-not less than 60 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot,but not less
than 60 feet from any structure to a side property line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
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addition to.any required buffer areas.
Section 1907 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 1908 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent of the lot area. For this purpose'useable open space'shall mean
that portion of the lot area not covered by any structure (as defined in Article 1)or driveway, and
generally intended to be occupied by suitable vegetation or landscaping.
Section 1909-SIZE AND AREA OF LOT.Lots in Light Industrial Zones shall meet the
following minimum requirements:
1 Minimum lot area shall be at least two acres; and
2. Minimum width at the street line shall be 150 feet; and
3. Minimum width at the maximum required front yard setback line(15 0 feet from the
street line) shall be 200 feet; and
4. Minimum depth from the street line shall be 300 feet.
Section 1910-PARKING.Parking requirements shall be as set forth in Article YXVII.
Section 1911 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
I Off-street Loading- Same as in Commercial Zones (Section 1309 (1)).
2. Access and Sidewalks-Same as in Commercial Zones(Section 1309 (2)).
3. Buffer Areas and Screening - Same as in Commercial Zones (Section 1309 (3))
except no structure shall be placed closer than sixty feet to any residence zone and
thirty feet to any other zone.
4. Additional Screening- Same as in Commercial Zones(Section 1309 (4)).
J Displays in all Light Industrial Zones no outside displays snail be permitted unless
otherwise specifically authorized by this Ordinance,
Section 1912-PERFORMANCE STANDARDS. Any use in a Light Industrial Zone shall
be so operated as to be in conformity with the following additional standards:
1 Noise. No use shall operate or cause to be operated any source of sound in such a
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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 property nearest the
receiving land use.
Receiving Sound
Land Use Category Time Level Limit
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 a.m. 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.
2. Vibration: No activity shall cause or create a discernible steady state or impact
vibration at or beyond the boundary of the property.
3. 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.
4. Odor: There shall be no emission of any offensive odor discernible at the boundary
of the property.
5. Glare and Heat: No glare or heat shall be produced that is perceptible beyond the
boundaries of the property. Exterior illumination shall be shaded and directed to
prevent glare or traffic hazard on surrounding properties and streets.
6. 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 property.
7. Fire and Explosion Hazards: All activities involving, and all storage of flammable
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.
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8. 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.
Section 1913-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Light Industrial Zone unless the proposed building is in accordance with a site
plan approved pursuant to the provisions of Article XXIII.
ARTICLE XX: INDUSTRIAL ZONES
Section 2000 - PURPOSE. The purpose of the Industrial Zone is to permit, where
appropriate,manufacturing and other industrial facilities.Areas may be zoned as an Industrial Zone
by the Town Board or upon application for a specific proposal, all in accordance with the normal
rezoning procedures. Generally,such re-zoning will be permitted only in areas where public water
and sanitary facilities are available,where public transportation maybe readily available, and where
other resources and facilities that complement industrial uses are found. In reaching its decision on
whether to rezone to an Industrial Zone,the Town Board shall consider the general criteria set forth
in this Ordinance, the most current comprehensive or master plan for the town, and this statement
of purpose.
Section 2001 PERMITTED PRINCIPAL USES. In an Industrial Zone buildings and
land may be used for any lawful manufacturing activity and any lawful activity permitted as of right
in a Light Industrial Zone,except for the uses expressly enumerated below. Certain uses or facilities,
set forth below, are permitted only upon receipt of a special permit from the Planning Board as set
forth below.
Section 2002 - PROHIBITED USES. The following uses are prohibited in an Industrial
Zone:
1. Dwelling units, except as an accessory use as set forth below.
2. 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.
3. 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.
4. Motel.
5. Hotel.
6. Adult entertainment business.
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7. 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.
8. The manufacturing or storage of explosives and gas, oil and other flaminables or
petroleum products.
Section 2003 - PERMITTED ACCESSORY BUILDINGS AND USES. Only the
following accessory buildings or uses are permitted of right in an Industrial Zone:
1 Automobile parking and off-street loading areas subject to the further requirements
of this article.
2. Accessory storage buildings.
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. Guardhouse.
6.. Child Day Care Centers upon receipt of a special permit for same from the Planning
Board in accordance with the procedures set forth in this Ordinance.
7. Cafeteria or lunchroom incidental to and related specifically to a permitted use.
8. Recreational facilities including playfields,ballfields,tennis and volleyball courts,
swimming pools and fitness centers.
9. Fences up to eight feet in height if approved by the Planning Board as appropriate
and necessary for the proposed use.
Section 2004-PLACEMENT OF ACCESSORY STRUCTURES. Accessory structures
or buildings may be placed in any required side or rear yard but no closer than five feet to the
boundary of the property. Except as herein otherwise provided,no structures shall be placed in any
required buffer zone. Parking,signs,guardhouses,and fences maybe placed in a front yard provided
uie Planning Board finds the 'location of such structures is in accordance with the criteria for a
approval of the site plan and the location is shown on an approved site plan. Signs,guardhouses and
fences if placed in a required front yard may also be placed in any required buffer zone that is in the
front of the property.
Section 2005-MINIMUM AREA FOR AN INDUSTRIAL ZONE. A minimum tract of
ten acres is required for the development of an Industrial Zone.
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Section 2006 - HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Industrial Zones no building shall exceed thirty-eight(38) feet in height
from lowest interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
structure other than a building shall exceed thirty-six(36)feet in height.
Section 2007 - YARD REGULATIONS. Except as may be specifically otherwise
authorized in this law, in Industrial Zones yards of at least the following dimensions are required:
1. Front Yard -not less than 150 feet in depth.
2. Rear Yard-not less than 60 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot,but not less
than 60 feet from any structure to a side property line.
4. Greater Yards - Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
Section 2008 - BUILDING AREA. The maximum building area shall not exceed thirty
percent of the lot area. Projections described in Section 2704 are not to be included in computing
the percentage.
Section 2009 - MINIMUM USEABLE OPEN SPACE. Minimum useable open space
shall be not less than thirty percent 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.
Section 2010 - SIZE AND AREA OF LOT. Lots in Industrial Zones shall meet the
following minimum requirements:
1. Minimum lot area shall be at least two acres; and
2. Minimum width at the street line shall be 150 feet; and
3. Minimum width at the maximum required front yard setback line(150 feet from the
street line) shall be 200 feet; and
4. Minimum depth from the street line shall be 300 feet.
Section 2011 - PARKING. Parking requirements shall be as set forth in Article XXVII.
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Section 2012 - ADDITIONAL SPECIAL REQUIREMENTS. Additional special
requirements include the following:
I Off-street Loadin - Same as in Commercial Zones (Section 1309 (1)).
2. Access and Sidewalks- Same as in Commercial Zones (Section 1309(2)).
3. Buffer Areas and Screening - Same as in Commercial Zones (Section 1309(3))
except no structure shall be placed closer than one hundred feet to any residence zone
and fifty feet to any other zone.
4. Additional Screening- Same as in Commercial Zones(Section 1309 (4)).
5. Dismay - In all Industrial Zones no outside displays shall be permitted unless
otherwise specifically authorized by this Ordinance.
Section 2013 - PERFORMANCE STANDARDS. Any use in an Industrial Zone shall be
so operated as to be in conformity with the performance standards set forth with respect to Light
Industrial Zones above.
Section 2014-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within an Industrial Zone nor shall any existing building,structure or use in an Industrial
Zone be changed unless the proposed building and/or use is in accordance with a site plan approved
pursuant to the provisions of Article XXIII,
ARTICLE XXI: PLANNED DEVELOPMENT ZONES
Section 2100 - PURPOSE. The purpose of the Planned Development Zone is to permit,
where appropriate,a degree of flexibility in conventional land use and design regulations which will
encourage development in an imaginative and innovative way while through the process of review,
discussion and law change, insuring efficient investment in public improvements, a more suitable
environment, and protection of community interest. This article is intended to relate to both
residential and non-residential development,as well as mixed forms of development. There maybe
uses,now or in the future, which are not expressly permitted by the other terms of this Ordinance
but which uses would not contravene the long range comprehensive plan objectives if they adhere
to certain predetermined performance and design conditions. The Planned Development Zone is
intended to be used to enable these developments to occur even though they may not be specifically
authorized by this Ordinance. A- as may be zoned as a Planned Development Zone by thn
X-U e U U I U J_; I U 11e Tow
Board or upon application for a specific proposal, all in accordance with the normal rezoning
procedures. Because the intention is to create self-contained, architecturally consistent and
compatible buildings, many times with diverse but related uses, and b'ecause the creation of a
Planned Development Zone will entail sufficient review to assure the uses within the Zone will have
negligible or no adverse effects upon properties surrounding the Zone,a Planned Development Zone
may be created in any Zone within the Town. In reaching its decision on whether to rezone to a
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Planned Development Zone, the Town Board shall consider the general criteria set forth in this
Ordinance, the most current comprehensive or master plan for the town, and this statement of
purpose.
Section 2101 -ESTABLISHMENT AND LOCATION. With the approval of the Town
Board, a Planned Development Zone may be established in any zone in the Town. The
establishment of any such Zone 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 Zone 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 Zone.
Section 2102 -PERMITTED PRINCIPAL AND ACCESSORY USES. In a Planned
Development Zone buildings and land may be used for any lawful purpose permitted in the Zone
where it is located,plus any other uses which the Town Board may authorize upon findings that such
additional uses
1. Further the health and welfare of the community; and
2. Are in accordance with the comprehensive or general plan for the Town.
Section 2103 - ADDITIONAL REQUIREMENTS. In any rezoning to a Planned
Development Zone the Town Board may impose such conditions or limitations that the Town Board,
in its legislative discretion,may determine to be necessary or desirable to insure the development
conforms with the comprehensive plan of the Town,including limiting the permitted uses,location
and size of buildings and structures,providing for open space and recreational areas, and requiring
bonds or other assurances of completion of any infrastructure to be built as part of the development.
Section 2104 - MINIMUM AREA FOR A PLANNED DEVELOPMENT ZONE. A
minimum tract of two acres is required for the development of a Planned Development Zone.
Section 2105-YARD AND OTHER REGULATIONS. Yard,height,building coverage,
lot size, and any performance standards shall be as set forth in the legislation rezoning the area to
a Planned Development Zone. Unless otherwise stated in such legislation,if no such regulations are
set forth,the regulations applicable to the Zone in which the Planned Development Zone is located
shall govern.
Section 2106-SITE PLAN APPROVAL. No structure shall be erected or placed within
a Planned Development Zone,no building permit shall be issued for a building or structure within
a Planned Development Zone,and no existing building, structure or use in a Planned Development
Zone be changed,unless the proposed building and/or use is in accordance with a site plan approved
pursuant to the provisions of Article XXIH.
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ARTICLE XXII: PROCEDURES FOR CREATION OF NEW ZONES
Section 2200 - ZONES TO WHICH APPLICABLE. The procedures set forth in this
Article shall govern applications for establishment of a Mobile Home Park Zone, a Multiple
Residence Zone, a Commercial Zone of any nature, a Light Industrial Zone, an Industrial Zone, or
a Planned Development Zone, all hereinafter referred to as"Zones," and shall be in addition to any
requirements specified in any of the Articles governing any of such Zones.
Section 2201 -GENERAL PROVISIONS. The provisions set forth below shall govern
establishment of Zones when application for same is made by any person or entity other than the
Town ofIthaca. Should the establishment of a Zone be initiated by the Town Board,the procedures
to be followed are those set forth in New York State Town Law and this Ordinance governing
amendments of a zoning ordinance.
Section 2202 - PROCEDURES FOR CREATION OF A ZONE. Any person or entity
requesting the establishment of a zone shall proceed as follows:
I The applicant shall have the option to make an informal pre-submission presentation
to the appropriate Board or to the Town Planning Staff at which time rezoning
application requirements and procedures may be reviewed. A sketch plan or other
general description should be prepared by the applicant for use at the pre-submission
meeting, to indicate the general nature of the proposal. A purpose of this non-
mandatory meeting would be to give the applicant, before incurring substantial
expense to comply with the formal application process,an opportunity to discuss the
applicant's plans informally to determine if there are substantial reasons known to the
Town Staff that would suggest the proposal would not be acceptable to the applicable
Town Boards and to provide an opportunity for achievement of a project and
rezoning that would be acceptable in the public interest.
2. The applicant shall submit an application to the Town Planner on forms supplied by
the Town which shall include such information as the Town Planner may reasonably
require to evaluate the proposal. Such application shall be accompanied by any
required fees.
3. The applicant shall submit with the application a general site plan which shall be
transmitted to the Town Board and 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
such other plans and 1116formation deemed reasonably necessary by the Town Board
for adequate study of the proposed plan.
4. The Town Board shall preliminarily determine whether it will consider the
application for the rezoning,or deny same. If the Town Board determines that it will
entertain the application the Town Board shall refer the matter to the Planning Board
for review and recommendation.
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5. The applicant shall be notified of the referral and shall be required to provide such
additional materials, including any required environmental assessment forms,
drawings, elevations, or other documents as the Town Planner may reasonably
require to allow a full and complete study of the proposal. Such materials shall be
supplied at least ten working days prior to the Planning Board meeting at which the
matter will be considered.
6. Upon review of the matter by the Planning Board after such referral, 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 welfare of the
community. The Planning Board shall then adopt a resolution recommending(a)a
finding regarding environmental significance of the proposal,and(b)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 Planhing Board within 45 days of the filing of the general site plan and
all related materials 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.
7. The Town Board shall comply with applicable provisions of SEAR.
8. The Town Board shall hold a public hearing on the proposed zone with the same
notice required by law in the case of an amendment to the Zoning Ordinance,which
public hearing may include any public hearings required by SEAR. If the Town
Board establishes such zone 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 zone, 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.
9. Whenever a zone other than a Planned Development Zone 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, except that the Planning Board shall have
authority to authorize minor changes or additions to the general site plan provided the
same do not materially alter the intensity of use or other significant characteristics of
4-WL 1 Z ions e general site plan, and provided the same to not violate any express coedit'
imposed by the Town Board in creating the zone. In the case of zones other than
Planned Development Zones,the Planning Board may authorize changes or additions
provided the same do not violate any express conditions imposed by the Town Board
in creating the zone.
10. Upon the creation of the zone,unless the general site plan was of sufficient detail and
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contained sufficient information as to constitute, in the Town Board's discretion, a
final site plan, the matter shall be referred to the Planning Board for final site plan
approval in accordance with the site plan approval process set forth below.
ARTICLE XXIII. SITE PLAN REVIEW AND APPROVAL PROCEDURES
Section 2300-PURPOSE. The purpose of site plan review is to provide for the review and
approval of development plans to ensure that land development occurs in harmonywith surrounding
uses, without adversely impacting neighboring parcels, property values, public facilities,
infrastructure or the natural environment.
Section 2301 - REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY. Before a building permit or certificate of
occupancy can be issued for any of the activities for which site plan approval is required, a site plan
must be approved by the Planning Board in accordance with these and other applicable provisions.
Section 2302 -APPLICABILITY. The requirements set forth in this Article shall apply
to all activities or developments that are referred to elsewhere in this Ordinance as requiring a site
plan approval. In addition,and supplementing such provisions,the requirements of this article shall
also apply to the following actions except as to those actions specifically exempted, or for which
alternative specific site plan review and approval requirements are established, elsewhere in this
Ordinance:
1. All new commercial,industrial or institutional development.
2. All new multi-family housing.
3. Any modification of existing commercial, industrial, institutional or multifamily
buildings, for which no previous site plan exists.
4. Any expansion of existing commercial, industrial, institutional or multifamily
buildings which involve an increase in the gross floor area of an existing building by
more than ten(10)percent in the aggregate since any previous site plan approval.
5. Any conversion of an existing residential structure to a nonresidential use (except as
may have occurred in connection with a home occupation established in conformity
with the provisions of this Ordinance).
6. Any conversion of art existing nonresidential structure into a residential structure
containing three(3)or more dwelling units.
7. Any modification to an existing residential structure which increases the number of
dwelling units in the building to three(3) or more dwelling units.
8. Any change of an existing nonresidential building from one type of use specified in
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this ordinance to another(e.g.conversion of a commercial structure to an industrial
facility or conversion from a warehouse to a restaurant).
9. Any other modification to any facility or structure not set forth in the preceding
paragraphs, for which final site plan approval was or is presently required by the
terms of this Ordinance or any modification to any previously approved site plan,
except as otherwise authorized below.
Section 2303 -PROCEDURE.
I The site plan process incorporates three successive stages,(a)sketch plan review,(b)
preliminary site plan approval, and (c) final site plan approval. Final site plan
approval is required in all cases prior to the issuance of a building permit or
certificate of occupancy. The sketch plan review is at the option of the applicant
except as may be required by the Director of Planning if the proposed project is
complex,has significant potential effects on the environment,or if other conditions
exist such that a sketch review would be beneficial to the applicant or the Town.
2. Sketch Plan Review. The sole purpose of sketch plan review is to review generally
and informally the proposed project, advise the applicant as to whether it is
reasonable to anticipate a positive response to a formal application, and to highlight
any concerns that may be readily apparent to the Planning Board. No vote of
approval or disapproval shall be taken with respect to a sketch plan.
3. Preliminary Site Plan Review. An applicant may,at his or her discretion,apply for
preliminary site plan approval. Further, if the Planning Board determines that an
application for final site plan approval is insufficient for an affirmative decision,the
Board may grant preliminary site plan approval with such conditions and restrictions
as are permitted by Section 274-a of the Town Law or any similar or successor
statute.
4. Unless other requirements of this Ordinance govern(e.g.the procedures for creation
of Planned Development Zone)the applicant shall make formal application for site
plan approval by submitting, at a minimum:
(a) One completed and signed Development Review Application.
(b) Applicable application fees.
(c) Deposit of review fees.
(d) One fully completed and signed Short Environmental Assessment Form,Part
I (SERF), or Long Environmental Assessment Form, Part I (LEAF),
whichever is required.
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(e) Estimate of costs of site improvements (excluding cost of land acquisition
and professional fees)to be prepared(preferably)by a licensed professional
engineer.
(f) Four full size dark-line prints of the site plan and 25 reduced copies of all
sheets of the plan(the reduced copies to be no larger than 11"by 17")with
all required information.
(g) All other information required by this Ordinance or other laws, rules or
regulations for site plan approval.
The application for site plan approval shall not be deemed complete until all of the
above items are received by the Town Planner and the requirements of SEQR have
been met.
5. Upon receipt of a complete application, the Planning Board shall hold a public
hearing in accordance with the provisions of Town Law Section 274-a or any similar
or successor applicable statutes and shall render a decision approving,approving with
conditions, or disapproving the site plan.
6. In making its decision,the Planning Board shall have the power to impose conditions
and restrictions as authorized by Section 274-a of the Town Law or any similar or
successor statute.
7. If preliminary site plan approval is granted,when the developer applies for final site
plan approval the same procedures shall again be utilized,except that if the final site
plan is in substantial agreement with the site plan that received preliminary site plan
approval,no further action under SEQR shall be required. If the final site plan differs
significantly from the preliminary site plan, it shall be treated as a new application,
including compliance with applicable SEQR requirements.
8. In reviewing the final site plan application following preliminary site plan approval,
the Planning Board shall,in the absence of significant new information, confine its
review to determining whether the final plan (a) conforms to the preliminary plan,
(b) complies with any conditions imposed by the Board in granting preliminary
approval,and(c)complies in all other respects with the provisions of the Town Law
and this Ordinance.
9. Tlie ownier and applICarit shall be boiirjd by tlic lirlai Site plan as approved by tlic
Planning Board,and all construction and development shall occur only in accordance
with the finally approved site plan, unless specifically otherwise authorized by the
provisions of this Ordinance.
Section 2304-SITE PLAN REQUIREMENTS. The site plan shall include the following
items, and such additional items as may be reasonably requested by the Planning Board in order to
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fully and adequately review the application for approval of the site plan or other permit or
authorization being sought, which requirements may be articulated on one or more checklists
supplied to applicants for site plan approval or modification. Without limiting the authority of the
Planning Board or other reviewing board of the Town with respect to additional items,the minimum
items to be included are set forth below with respect to each type of site plan being reviewed.
1. Sketch Plan Requirements. The sketch plan shall include:
a. General location in the Town of the proposed development.
b. Approximate boundaries of parcel(s) involved.
C. Existing land use and proposed land use.
d. Approximate location of existing and proposed buildings or other significant
structures.
e. Approximate location of adjacent or nearby highways.
f. General topography of project area.
9- General indication of potentially significant natural or cultural features on or
ad J.acent to the site(e.g.wetlands,creeks,steep slopes or historic structures).
h. Existing land uses of immediately adjacent properties.
i. Written explanation of the character and purpose of the proposed
development including the type and density of development,water and sewer
systems proposed, and general timetable for the development.
2. Preliminary Site Plan Requirements. The preliminary site plan shall include:
a. Name and address of all owners of the property and name and address of all
persons who have an interest in the property, such as easements or rights-of-
way.
b. Key map,when more than one sheet is required to present site plan.
C. Vicinity map showing the general location of the property, 1"=1000' or
1"=2000'.
d. Name of project, which shall not duplicate the name of any other project or
subdivision in the county.
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e. Name and seal of each registered land surveyor(s), engineer(s), architect(s)
or landscape architect(s) who prepared any of the site plan materials,
including the topographic and boundary survey, drainage plans, etc.
f Date of site plan and any related documentation,and dates of any applicable
revisions.
g. Map scale (1"=50'or 1"=100')in bar form and north point.
h. Name of town, county and state.
i. Exact boundary lines of the tract,indicated by a heavy line,showing location
and description of all monuments, giving property metes and bounds to the
nearest one tenth foot, angles to the nearest minute,and at least one bearing.
j. Location of any natural and cultural features within and immediately adjacent
of the site including but not limited to streams, lakes, floodplains, ponds,
wetlands, structures or sites listed, or eligible for listing, on the state or
national registers of historic places, woodlands, brushlands, significant
natural habitats, rare plants, viewsheds and unique natural areas, or other
features pertinent to review of the proposed project.
k. Location,size,and use of all existing structures,parking areas,access drives,
off-street loading areas, signs, lighting, pedestrian or bicycle facilities,
landscaping, and other existing features pertinent to plan review.
1. Location, size, proposed use, design, and construction materials of all
proposed structures, including floor plans, elevations from all four sides of
all significant structures showing exterior configuration,dimensions,finishes,
fenestrations, colors and other usual building details.
in. Location, design, dimensions and construction materials of all proposed
roads, sidewalks, bike paths, parking areas, fences, retaining walls, and
screening.
n. Size,location,height,design,and construction materials of all proposed signs
and exterior lighting,including type of lighting fixtures and amount and area
of illumination of any proposed lighting.
o. Location, design, and construction materials of all proposed pedestrian and
bicycle facilities.
P. Landscaping plan and planting schedule showing locations,species,and size
of proposed plantings,and exiting landscaping to be retained,including also
location and proposed design of any buffers.
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q. Location, design, and construction materials of all proposed water and
sewage facilities.
r. Locations of any existing or proposed fire and other emergency zones,
including the location of fire hydrants.
S. Location,name,and dimensions of each existing highway and alley and each
utility, drainage, or similar easement within, abutting, or in the immediate
vicinity of the proposed project site.
t. Existing and proposed site topography represented by coutour lines with
intervals as required by the Planning Board,but not to exceed five(5) feet,
including a grading plan describing the volumes of cut and fill materials and
their composition, and including elevations of proposed buildings, signage,
lighting, and other features.
U. Drainage plan,showing of existing and proposed drainage patterns,including
a description of method used for analysis, the calculation of drainage area
above point of entry for each water course entering or abutting the site, and
proposed method of on-site retention if required, and details of any drainage
improvements to be made. Generally the method of analysis shall be
approved by the Director of Engineering and shall assume that, unless the
Planning Board determines otherwise for good cause shown,that the rate of
surface and subsurface run-off from the project site will not increase during
or after construction of the project.
V. Border lines bounding the sheet, one inch from the left edge and one-half
inch from each of the other edges. All required information, including
signatures, seals,dates and other information shall be within the border lines.
W. Accurate outlines and descriptions of any areas to be dedicated or reserved
for public use or acquisition,with the purposes indicated thereon, and of any
areas to be reserved by deed covenant for common uses of all property
owners, tenants,or other users of the property in the project.
X. The plan and profile of each proposed highway in the development, with
grade indicated, drawn to a scale of I" =50'horizontal, and I" = 5'vertical,
on standard plan and profile sheets. Profiles shall show accurately the profile
of the highway or alley along the highway center line and location of the
sidewalks, if any.
Y. Reference on the site plan to any separate instruments, including restrictive
covenants,which directly affect the land in the project.
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Z. Names and addresses of all property owners of all parcels abutting the site,
or within 500 feet of the perimeter boundary of the site,including owners of
easements or rights of way, together with tax parcel numbers for all such
owners.
aa. Estimate of the cost of improvements (excluding the purchase cost of land)
to be prepared by a licensed professional engineer or other qualified
professional satisfactory to the Planning Board.
bb. Three dark-line prints of the proposed site plan and 25 copies of all sheets of
the propsed site plan in reduced format(no larger than 11"x 17") and copy
of all other items required above(except Development Review Application),
CC. A certificate signed by the owner and, if applicable, any contract vendee to
the effect that(i)the owner owns the land, (ii)the owner or contract vendee
caused the land to be surveyed and the site plan to be prepared,(iii)the owner
(or, if applicable,the contract vendee) agrees to construct the project in the
manner represented by the finally approved site plan and all related approved
application documents, and (iv) the owner (or, if applicable, the contract
vendee) makes any dedications indicated in any of the site plan
documentation and agrees and guarantees to construct any required
infrastructure elements set forth on the finally approved site plan.
3. Final Site Plan Requirements. The final site plan shall include:
a. All of the items set forth above for preliminary site plan approval,modified
ifnecessary to comply with any conditions imposed as part of the preliminary
site plan approval process.
b. One original set of the final site plan drawings on mylar, vellum or paper,
signed and sealed by the registered land surveyor(s),engineer(s),architect(s)
or landscape architect(s)who prepared the site plan materials,to be retained
by the Town, and two sets of paper copies of the final site plan drawings.
C. Record of application for and approval status of all necessary permits from
county, state,and/or federal agencies with copies of all necessary permits or
approvals to be provided prior to issuance of any certificate of occupancy.
A. Design development drawings for all buildings and construction details of all
other proposed structures, roads, water/sewer facilities, and other
improvements, including, but not limited to, specifications for water lines,
including locations and descriptions of mains, valves, hydrants,
appurtenances, etc., and profiles and specifications for sanitary sewers and
storm drainage facilities, including locations and descriptions of pipes,
manholes, lift stations, and other facilities.
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e. A certificate signed and sealed by the mortgagee(s),if any,to the effect that
the mortgagee consents to the site plan;the construction of the project as
shown, and the dedications and restrictions, if any, shown on or referred to
on the site plan.
Section 2305-WAIVER OF REQUIREMENTS. 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 2306-CONSIDERATIONS FOR APPROVAL. The Planning Board's review of
a 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,paved areas,outdoor waste disposal facilities,
and contiguity of open spaces.
4. Adequacy,type, and arrangement of trees,shrubs, and other landscaping,including
those on site and those 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 infonnal
recreation.
6. Compatibility ofthe proj ect with the surrounding neighborhood,including protection
of adjacent properties and the general public against noise, glare, unsightliness, or
other objectionable features.
7. Adequacy of storm water,drainage,water supply,sewage disposal facilities and other
community infrastructures and services.
8. Adequacy of fire lanes and other emergency provisions.
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9. The effect ofthe proposed development on environmentally sensitive areas including
but not limited to wetlands, floodplains,woodlands, steep slopes,water courses or
bodies, viewsheds, unique natural habitats, and on other open space areas of
importance to the neighborhood or community.
10. The effect of the proposed development on any historic structures listed or eligible
for listing on the National Register of Historic Places.
11. The need for, and the adequacy of, any natural or man-made buffers.
12. Whether the design of the project minimizes the increase of impervious surfaces on
the site.
13. Compliance with the Town's Comprehensive Plan,Zoning Ordinance, Subdivision
Regulations, Water Resources Ordinances, if applicable, and any other applicable
laws,rules,requirements, or policies.
Section 2307-LIMITATIONS ON CONSTRUCTION. No site plan shall be approved
which provides for construction or other disturbance of land in environmentally sensitive areas,
including but not limited to,wetlands,water courses,steep slopes,unique natural areas,or rare plant
or animal habitats, unless the applicant demonstrates with professional evidence reasonably
satisfactory to the Planning Board that such construction may occur without adverse environmental
effects upon such areas. Nothing in this paragraph is intended to permit construction or other
activities in areas where the same are prohibited or regulated by other laws or regulations of the
federal, state,county, or local government.
Section 2308 - RESERVATION OF PARKLAND ON SITE PLANS CONTAINING
RESIDENTIAL UNITS. If the proposed project includes dwelling units,the Planning Board may,
in accordance with the provisions and requirements of Town Law Section 274-a or any similar or
successor law, require a park or parks to be shown on the site plan, or, to the extent permitted by
Section 274-a,monies in lieu of parkland.
Section 2309-MODIFICATIONS OF SITE PLANS. A site plan that has received final
site plan approval may be modified upon the application of the owner for such modification. Such
application shall be in accordance with the provisions of this article and the procedures applicable
to such application shall be the same as are applicable to an initial application for site plan approval.
Notwithstanding the foregoing, Planning Board approval of a modification shall not be required
1. If the modification does not involve
(a) construction of an addition of more than 1,000 square feet of enclosed space
whether on one or more stories;nor
(b) construction or relocation of more than 3 parking spaces nor construction or
relocation of any parking spaces to an area that is not adjacent to the original
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planned parking area;nor
(c) .construction, alterations,or renovations affecting the exterior of a building
or the site anticipated to cost more than$20,000.00; nor
(d) construction,alteration,or renovation of the interior of a building involving
a change in occupancy or use; nor
(e) enlargement of an existing or previously approved building that involves an
increase of square footage of more than 15% of the existing square footage
of the existing or previously approved building; nor
(f) Reduction of an existing or previously approved building that involves a
decrease of square footage of more than 15% of the exiting or previously
approved building;nor
(g) alteration of traffic flows and access nor a significant increase in the volume
of traffic; nor
(h) a significant (in the judgment of the Director of Planning) change in the
aesthetic appearance of any structure or site plan element including landscape
and lighting details from that presented at the time of the prior approval;nor
(i) a change in the impacts of the project on surrounding properties, such as an
increase in noise,water run-off,light illumination,or obstructions to views;
nor
(j) violation of any express conditions (including, without limitation, buffer
zones, setbacks, and similar restrictions) imposed by the Planning Board in
granting prior site-plan approval, or
2. if the modification does not involve a movement or shift of a location of one or more
buildings more than two feet laterally or six inches vertically from the location or
elevation shown on the final site plan where
(a) such shift does not alter proposed traffic flows or access; and
(b) 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.
The numerical criteria for the exceptions from the requirement-of obtaining Planning
Board approval are an aggregate maximum (i.e. if a 700 square foot addition is
constructed without obtaining Planning Board approval pursuant to paragraph 1(a)
above, construction of a second addition larger than 300 square feet would require
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Planning Board approval of a modified site plan).
This waiver of the requirement of Planning Board approval is not intended to permit
construction in violation of any other provision of this Ordinance including setback,
side yard,and similar regulations,nor the requirement to obtain a building permit in
those circumstances when otherwise required by the terms of this Ordinance or by
the Building Code.
A demolition,or aproposed demolition,of an existing building,or of apreviously approved building
on a previously approved site plan,is amodification of a site plan subject to the terms of this section.
Section 2310-LETTER OF CREDIT. If the Planning Board determines it is necessary
to ensure that all items on the site plan that are needed to provide for adequate traffic now,utilities,
and other similar infrastructure items,are constructed in accordance with the approved final site plan
and any other pertinent specifications and requirements, 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 recommended by the Town Engineer and approved by
the Planning Board to ensure such construction. In determining whether to require such a letter,the
Planning Board shall find that such infrastructure is so integral to the project that its construction
must occur in order to provide for a safe and useful environment for the community and the
occupants and users of the project. The Planning Board may, in its discretion, accept in lieu of a
letter of credit other evidence or promise of completion of required facilities for the site if it
determines that such other evidence adequately ensures such completion. Nothing in this paragraph
shall alter any other requirement for letters of credit related to construction of facilities intended to
be dedicated to the Town.
Section 2311-COMPLETION OF IMPROVEMENTS. 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, reasonably necessary to the proper and safe operation and
occupancy of any completed facilities,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 need
for,and 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.
Section 2312-EXPIRATION OF SITE PLAN APPROVAL.
l. 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
a public hearing and upon written notice in person or by mail to the applicant
(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
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(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.
2. 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.
3. Unless work has materially commenced in accordance with the final site plan within
one year from the issuance of the building permit authorizing such work, or within
thirty-six months of the date the Planning Board gave final site plan approval,
whichever is earlier, not only the building permit but the site plan approval (both
final and preliminary)shall expire and the permissible uses and construction on the
property shall revert to those in effect prior to the granting of any site plan approval.
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.
ARTICLE XX.IV: SPECIAL PERMITS AND SPECIAL APPROVALS
Section 2400-PURPOSE. The purpose of this article is to set forth regulations,procedures,
and conditions that apply to certain permitted uses which,because of size,intensity,or other special
factors,warrant special evaluation of each individual case by either the Planning Board or the Zoning
Board of Appeals.
Section 2401 - REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY. Before a building permit or certificate of
occupancy can be issued for any of the structures or activities for which either a special permit or
a special approval is required, such a permit or approval shall be obtained in accordance with these
and other applicable provisions.
Section 2402 -APPLICABILITY. The requirements set forth in this Article shall apply
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to all construction,activities,uses or developments that are referred to elsewhere in this Ordinance
as being allowed only upon receipt of a special permit or special approval. Special permits shall be
issued by the Planning Board. Special approvals shall be issued by the Zoning Board of Appeals.
Any change of use of an existing structure to a use that requires a special permit,or special approval
shall be subject to the requirements of this article.
Section 2403 -PROCEDURE,
1. The applicant shall have the option to make an informal pre-submission presentation
to the appropriate Board at which time special permit or special approval(hereafter
collectively referred to as "special authorization") application requirements may be
reviewed. A sketch plan or other general description should be prepared by the
applicant for use at the pre-submission meeting,to indicate the general nature of the
proposal.
2. Unless other requirements of this Ordinance govern the applicant shall make formal
application for special authorization to the appropriate Board by submitting, at a
minimum:
(a) One completed and signed application form prescribed by the Board hearing
the matter. If a Development Review Application is submitted for a site plan
review and special permit,no additional application shall be required.
(b) Applicable application.
(c) Deposit of review fees to the extent required by this Ordinance or any other
Town law or resolution.
(d) One fully completed and signed Short Environmental Assessment Form,Part
I (SEAF), or Long Environmental Assessment Form, Part I (LEAF),
whichever is required.
(e) Such other information or documentation as may be deemed reasonably
necessary or appropriate by the reviewing staffperson or Board to adequately
consider the application.
The application for special authorization shall not be deemed complete until all of the
above items are received by the Town Planner(for special permits)or Town Building
Code and Zoning Enforcement Officer(for special approvals)and the requirements
of SEQR have been met.
3. Upon receipt of a complete application, the appropriate Board shall hold a public
hearing in accordance with the provisions of Town Law Section 274-b or any similar
or successor applicable statutes and shall render a decision approving,approving with
conditions,or denying the special authorization. Such hearing maybe combined with
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any other hearing relating to the same proposal (e.g. site plan approval and special
permit hearings may be combined).
4. In making its decision, the reviewing Board shall have the power to impose
conditions and restrictions as authorized by Section 274-b of the Town Law or any
similar or successor statute.
Section 2404 - WAIVER OF REQUIREMENTS. The reviewing Board may waive one
or more of the normal application requirements when it determines that the particular circumstances
do not require all of the full application materials for adequate consideration of the request for
special authorization.
Section 2405 - CONSIDERATIONS FOR APPROVAL. The reviewing Board's
determination of an application for special authorization shall include findings consistent with any
special criteria set forth in this Ordinance relating to the specific use or activity for which approval
is being sought, and shall also include as appropriate,but shall not be limited to, findings that the
following standards have been met:
I The health,safety,morals and general welfare of the community in harmony with the
general purpose of this Ordinance(including the specific purposes related to the zone
in which the premises are located) are being promoted, except that as to all public
buildings and educational buildings wherein the principal use is research,
administration, or instruction,the same shall be presumed to exist.
2. The premises are reasonably adapted to the proposed use, and such use will fill a
neighborhood or community need, except that all publicly owned or educational
buildings are deemed to be adapted to the proposed use and are deemed to fill a
neighborhood or community need.
3. The proposed use and the location and design of any structure will be consistent with
the character of the district in which it is located.
4. The proposed use will not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devalue neighboring property or seriously
inconvenience neighboring inhabitants.
5. Operations in connection with the proposed use will not be more objectionable to
nearby properties by reason of noise, fumes, vibrations, illumination, or other
potential nuisance, than the operation of any permitted use in the particular zone,
except that as to all public buildings, churches, and educational institutions the
determination shall be whether the presumed benefit of such a use is outweighed by
the objectionable impacts of such use on nearby properties.
6. Community infrastructure and services, including but not limited to protective
services, roadways, garbage collection, schools, and water and sewer facilities are
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currently,or will be,of adequate capacity to accommodate the proposed use.
7. The proposed use,building design,and site layout comply with all the provisions of
this Ordinance and, to the extent considered by the reviewing board, with other
regulations and ordinances of the Town,with the Building Code and all other state
and federal laws,rules and regulations, and with the Town's Comprehensive Plan.
8. The proposed access and egress for all structures and uses are safely designed and the
site layout provides adequate access for emergency vehicles.
9. 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 ofthe community,
except that as to all public,religious and educational uses,the determination shall be
whether the presumed benefit of such a use is outweighed by the detrimental effect
of the proposed use upon the health, safety, and general welfare of the community.
10. The lot area,access,parking,and loading facilities are sufficient for the proposed use
and access,parking and loading facilities are adequately bufferred to minimize their
visual impact.
11. Natural surface water drainage is adequately managed in accordance with good
engineering practices and in accordance with any applicable Town local law or
ordinance, and existing drainage ways are no altered in a manner that adversely
affects other properties.
12, To the extent reasonably deemed relevant by the reviewing Board,the proposed use
or structure complies with all the criteria applicable to site plan review set forth in
this Ordinance.
Section 2406 - MODIFICATIONS OF SPECIAL PERMITS OR SPECIAL
APPROVALS. A special authorization that has been issued may be modified upon the application
of the owner for such modification. Such application shall be in accordance with the provisions of
this article and the procedures applicable to such application shall be the same as are applicable to
an initial application for a special authorization. Notwithstanding the foregoing,no approval shall
be required if the change is a modification set forth in Section 2309 as not requiring approval of a
modification to a site plan. The waiver of the requirement for approval of a modification to a special
permit or special approval is subject to the same conditions, and subject to the same limitations as
pertain to modifications to approved site plans.
Section 2407 - EXPIRATION OF SPECIAL PERMIT OR SPECIAL APPROVAL.
Unless work has materially commenced (as defined in Section 2312 (3)) in accordance with the
special authorization within one year from the issuance of the building permit authorizing such work,
or within thirty-six months of the date the reviewing Board approved the special authorization,
whichever is earlier,not only the building permit but the special authorization shall expire and the
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permissible uses and construction on the property shall revert to those in effect prior to the approval
of any special authorization. The reviewing 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
reviewing 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.
ARTICLE XXV: NON-CONFORMING USES.
Section 2500-NONCONFORMING LOTS OF RECORD. In any Zone in which a one
family dwelling is permitted, a one family dwelling and customary accessory buildings may be
erected on any single lot of record at the effective date of adoption or amendment of this Ordinance
creating the non-conformity,provided
1. Such lot was a valid,lawfully existing lot prior to the adoption or amendment of this
Ordinance which created the non-conformity; and
2. The non-conformity of the lot relates to size or area; and
3. All other provisions of this Ordinance, including yard requirements, are complied
with, or a variance from such compliance has been obtained from the Board of
Appeals.
In addition,upon receipt of a special approval from the Board of Appeals,a two family dwelling may
be constructed on such a lot if permitted by the regulations of the zone,subj ect to the conditions set
forth above,and subject to any conditions(such as occupancy or dwelling unit size)that govern two-
family dwellings in the zone in which the dwelling is located.
Section 2501 - NONCONFORMING USES OF LAND. Where, at the effective date of
adoption or amendment of this Ordinance, a lawful use of land exists that is made no longer
permissible under the terms of this Ordinance as enacted or amended,such use may be continued,
so long as it remains otherwise lawful, subject to the following provisions:
1. Such nonconforming use must not be enlarged or increased,nor extended to occupy
a greater area of land than was occupied at the effective date of adoption or
amendment of this Ordinance;
2. Such nonconforming use must not be moved in whole or in part to any other portion
of the lot or parcel occupied by such use at the effective date of adoption or
amendment of this Ordinance; and
3. If any such nonconforming use of land ceases for any reason for a period of more
than one year, any subsequent use of such land must conform to the regulations
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specified by this Ordinance for the Zone in which such land is located.
Section 2502-NONCONFORMING STRUCTURES. Where a lawful structure exists at
the effective date of adoption or amendment of this Ordinance that could not be built under the terms
of this Ordinance byreason ofrestrictions on area,lot coverage,height,yards,or other characteristics
of the structure or its location on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way which increases its
nonconformity.
2. Should such structure be destroyed by any means, in whole or in part, it may be
reconstructed in accordance with the provisions of Section 2508 below.
3. Should such structure be moved for any reason for any distance whatever, it must
thereafter conform to the regulations for the Zone in which it is located after it is
moved.
Section 2503 - NONCONFORMING USES OF STRUCTURES. If a lawful use of a
structure, or of structure and land in combination, exists at the effective date of adoption or
amendment of this Ordinance, that would not be allowed in the Zone under the terms of this
Ordinance as amended, the lawful use may be continued as long as it remains otherwise lawful,
subject to the following provisions:
1. No existing structure devoted to a use not permitted by this Ordinance in the zone in
which it is located may be enlarged, extended, constructed, moved, or structurally
altered except in changing the use of the structure to a use permitted in the zone in
which it is located or to a use permitted pursuant to Section 2507 below.;
2. Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed for such use at the time of adoption or
amendment of this Ordinance,but such use must not be extended to occupy any land
outside such building;
3. Any structure,or structure and land in combination,in or on which a nonconforming
use is superseded by a permitted use must thereafter conform to the regulations for
the zone in which such structure is located, and the nonconforming use may not
thereafter be resumed;
4. When a nonconforming use of a structure, or structure and land in combination,
ceases for a period of one year, the structure or structure and land in combination
must not thereafter be used except in conformance with the regulations of the zone
in which it is located;
5. Where nonconforming use status applies to a structure and land in combination,
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removal or destruction of the structure eliminates the nonconforming status of the
land;
6. Where a non-conforming use exists in an area that has been or now requires site plan
approval for any change of use,the non-conforming use may not be changed to any
other use permitted in the zone until site plan approval has been obtained pursuant
to the terms of this Ordinance.
Section 2504-INTERRUPTION OF NON-CONFORMING USE. Notwithstanding the
provisions above regarding cessation of non-conforming uses,for purposes of determining whether
a non-conforming use has ceased for a period of one year there shall be excluded from the
calculation of the year period any period of time during which a non-conforming use was suspended
solely because of a national emergency or temporary government restrictions (other than zoning
restrictions). Upon termination of the national emergency or the temporary government restriction,
the calculation of the year period shall resume.
Section 2505 - DWELLINGS ON NON-CONFORMING LOTS. Notwithstanding the
provisions above prohibiting enlargement of non-conforming uses,if only a one-family dwelling or
a legally existing two-family dwelling and related accessory buildings are present on a lot that is of
a size or area less than that otherwise permitted in the Zone in which the lot is located, and such lot
is a valid non-conforming lot, such dwelling may be enlarged or altered 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 or area
which lot was of record at the time of the adoption or amendment of this Ordinance
creating the non-conformity;
2. Such alteration or enlargement does not violate any other provisions of this
Ordinance(e.g., yard,height, or other restrictions); and
3. if such dwelling is a single family dwelling, upon completion of such enlargement
or alteration the building and lot continue to be used only as a single family dwelling,
provided, however, that upon receipt of a special approval from the Board of
Appeals,a single family dwelling may be enlarged to a two-family dwelling,subject
to the conditions set forth above, and subject to any conditions (such as occupancy
or dwelling unit size) that govern two-family dwellings in the zone in which the
dwelling is located.
Section 2506-CONTINUATION OF CONSTRUCTION. Nothing in this Ordinance is
deemed to require a change in the plans, construction, or designated use of any building on which
actual construction was lawfully begun prior to the effective date of adoption or amendment of this
Ordinance and upon which actual building construction has been diligently prosecuted and
completed within two years after the effective date of the adoption or amendment making the use
non-conforming.
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Section 2507-ALTERATIONS IN USE. Except as prohibited above, and subject to the
requirement of obtaining site plan approval if required, 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:
Conservation:Zones
Agricultural Zones
Low Density Residential Zones
Lakefront Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Lakefront Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Light Industrial Zones
Industrial Zones
Section 2508 - RESTORATION. Nothing herein shall prevent the continued use and
substantial restoration and continued use of a non-conforming building damaged by fire, flood,
earthquake,act of God,or act of the public enemy,provided that
(a) Such restoration is located on,and no larger than,the footprint of the structure prior
to its destruction; and
(b) Such restoration is completed within one year of the damage; and
(c) The use of the building and the manner in which it was used prior to the loss is
recommenced within one year of the damage.
The time limits set forth above may be extended by the Board of Appeals in cases of practical
difficulty or unnecessary hardship using the same criteria as are applied in determining applications
for an area variance. An application for an extension shall be brought no later than six months after
the expiration of the year period, or six months after the expiration of any previously granted
extension.
Section 2509-BOARD OF APPEALS DETERMINATION. The Board of Appeals shall
have the jurisdiction to hear and determine any claims as to whether a particular use is a valid non-
conforming use,or whether a non-conforming use has been improperly extended or enlarged,or any
other matter relating to the non-conforming uses. Such jurisdiction maybe exercised by an appeal
from a decision of the Code Enforcement Officer as hereinafter provided, or by direct application
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to the Board in those instances where there is no application for a permit or certificate before the
Code Enforcement Officer. Any such direct application to the Board of Appeals shall be made on
such forms and contain such information as the Board and/or the Code Enforcement Officer may
determine and shall be delivered to the Code Enforcement Officer for submission to the Board.
Section 2510-VARIANCE CRITERIA. In the event an application is made to the Board
of Appeals for a variance to enlarge or alter a non-conforming use,the Board shall apply the same
criteria in determining the matter as would be applicable if the application had been made for
property that was otherwise conforming. For example,if the application is to enlarge a building that
already encroaches on a required side yard,the Board shall use the criteria applicable to considering
an area variance. If the application is to change the use to another non-conforming use(which is not
permitted pursuant to Section 2507 above),the Board shall use the criteria applicable to considering
a use variance.
Section 2511 - AMORTIZATION OF CERTAIN NON-CONFORMING USES
RELATING TO PRE-1991 RESIDENTIAL OCCUPANCIES.
1. Notwithstanding any other provisions of this Ordinance and in an effort to provide for
generally uniform limitations regarding residential occupancy throughout the residential
zones 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 all zones in which residential
occupancies are permitted or occur including any special land use zones 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(including the amendment of 1991 to
an earlier version of 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, or to buildings for which different
occupancy requirements were established by local laws or resolutions creating or regulating
multiple residence zones adopted either before or after the enactment of this section.
5. A non-conforming use due to be terminated pursuant to this section may be extended upon
application for a special approval for such extension from the Board of Appeals. Such
approval 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 created by
the 1991 amendment referred to above,termination of the non-conforming use would cause
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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 March 1, 1991,
or if the zoning change creating the non-conformity was adopted after March 1, 1991, the
amount of such investment on the date of such later zoning change;(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 ofthe landowner's investment over the period between
March 1, 1991 (or such later zoning change date) 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,or,if the non-
conformity was created by a subsequent zoning change, any such costs incurred after such
change. 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.
ARTICLE XXVI: SPECIAL REGULATIONS
Section 2600-MOBILE HOMES AND TRAILERS. Trailer camps or parks and trailers
or mobile homes for occupancy shall be prohibited in all zones except Mobile Home Park Zones and
except as follows:
1. One mobile home may be placed on a vacant lot in a residence or agricultural zone
for use as temporary housing during the construction of permanent dwelling on said
lot for a period not to exceed 18 months,provided that said mobile home shall be
occupied by the owner of record of said lot.
Such eighteen month period maybe extended by permission of the Board of Appeals,
upon good cause shown by the owner of the land on which the mobile home is
located,and after a public hearing on same.
Said mobile home must be removed upon the completion of construction although
the 18 month time limit may not have fully expired.
2. Upon special approval of the Board of Appeals to be reviewed each year,one mobile
home for each property owner shall be permitted in all Agricultural and Low Density
Zones,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 2601 -ELDER COTTAGES. Elder cottages shall be permitted as accessory uses,
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upon obtaining special approval from the Board of Appeals,and subj ect to the following provisions
and conditions:
1 Use Limitations: An elder cottage shall not be occupied by more than two persons,
(a) Who shall be the same personsI enumerated on the application for the elder
cottage,
(b) Who shall be persons 55 years of age or older, and
(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, 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
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existing principal building.
(b) An elder cottage shall be constructed in accordance with all applicable laws,
regulations,codes and ordinances,including the Building Code. If an elder
cottage is a factory manufactured home or 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.
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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 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 maybe 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.
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(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.
(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 subj ect 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
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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 2602-EXTRACTION OR DEPOSIT OF FILL AND RELATED PRODUCTS.
1. In any zone 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 obtaining an approval pursuant to
this section.
2. For the purposes of this section,movement of fill from one area on a site to another
location on the site shall be considered a deposit and removal and shall be subject to
the fill permit requirements of this section if the requisite volume of fill is being
moved,unless such activity is an activity specifically excepted from the requirements
of this section by the provisions set forth below.
3. If the application is for deposit or extraction of more than 50 but less than 250 cubic
yards of fill,the approval may be given by the Town Engineer. If the application is
for deposit or extraction of 250 cubic yards or more, special approval shall be
obtained from the Board of Appeals.
4. In applying for such approval,the applicant shall submit to the Town Engineer a plan
of the proposed proj ect,showing property lines,and adj acent public ways,grades and
depths of proposed deposit or removal, soil types or fill types to be deposited or
removed, water courses, erosion control during and after construction, projected
duration of project, proposed regrading and replanting of the property upon
completion of the operation, and such other items as the Board of Appeals or Town
Engineer may require to adequately review the proposed project.
5. In those cases requiring a special approval from the Board of Appeals, 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.
6. The Board may impose such conditions upon the applicant as it deems necessary to
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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.
7. 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.
8. 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 reasonable conditions upon the applicant as
the Engineer deems necessary to protect the general welfare ofthe community,which
may include a reasonable time limit upon operations, reasonable standards for
performance, and the requirement that a performance bond or other security in a
reasonable amount be posted to insure compliance with the requirements of this
Ordinance and with any further reasonable conditions imposed by the Engineer.
9. 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(orbrought
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:
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(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 Board of Appeals)provided that such construction
occurs within three years of the final approval of such authority.
Notwithstanding the foregoing,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 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 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.
(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
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
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removed is less than 500 cubic yards.
Section 2603-LIMITATIONS ON VEHICLE REPAIR GARAGES AND GASOLINE
SALES STATIONS. No part of any building used as a vehicle repair garage or gasoline service
station and no filling pump, lift or other service appliance shall be.erected within 25 feet of any
residence zone or in any required side yard.
Section 2604-TELECOMMUNICATIONS FACILITIES.
I Purpose. The purpose of these supplemental regulations is to promote health,safety,
and the general welfare of the residents of the Town of Ithaca; to provide standards
for the safe provision of telecommunications consistent with applicable federal and
state regulations;to minimize the total number of telecommunications towers in the
community by encouraging shared use of existing and future towers and the use of
existing tall buildings and other high structures and by encouraging alternative
technologies that would minimize the need for multiple towers; and to minimize
adverse visual effects from telecommunications towers by requiring careful siting,
visual impact assessment, and appropriate landscaping.
2. Special Permit,Site Plan Approval and Variance. So long as telecommunications
facilities are deemed, under New Yorklaw, to be a utility, telecommunications
facilities may be constructed anywhere in the Town of Ithaca but only if the person
seeking to erect same shall have obtained a special permit and site plan approval
from the Planning Board in accordance with this section and the other provisions of
this ordinance governing issuance of special permits and site plan approvals prior to
any construction. If the proposed height of the telecommunications facility exceeds
the permitted height of structures in the zoning district in which the facility is
proposed to be located, notwithstanding any other provisions of this ordinance, a
height variance from the Board of Appeals shall also be required.
3. General Criteria. No special permit or renewal thereof or modification of a current
special permit relating to a telecommunications facility shall be authorized by the
Planning Board unless it finds that such telecommunications facility:
(a) is necessary to meet current or reasonably expected demands for services;
(b) conforms with all federal and state laws and all applicable rules or regulations
promulgated by the Federal Communications Commission (the "FCC"),
Federal Aviation Administration(the"FAA"), or any other federal agencies
having jurisdiction;
(c) is considered a public utility in the State of New York;
(d) is sited, designed and constructed in a mariner which minimizes (i) visual
impact to the extent practical and (ii) adverse impacts upon migratory and
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other birds and other wildlife;
(e) complies with all other requirements of this Ordinance, unless expressly
superseded herein;
(f) is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility;
(g) when including the construction of a tower, such tower is designed to
accommodate future shared use by at least two(2)other telecommunication
service providers. Any subsequent location oftelecommunication equipment
by other service providers on existing towers specifically designed for shared
use shall not require a new or modified special permit if there would be no
increase in the height of the tower and if the tower's original design was
adequate to accommodate the proposed additional equipment. However,the
additional equipment will require site plan review and issuance of a building
permit before construction occurs. At the option of the Building and Zoning
Enforcement Officer there may be required, before issuance of a building
permit,an engineer's certificate or report to the effect that with the proposed
additional equipment the existing tower continues to be safe and meets all
then currently applicable design and construction criteria in accordance with
generally accepted good engineering practices and generally accepted
industry standards.
4. Co-Location. The shared use of existing telecommunications facilities or other
structures shall be preferred to the construction of new facilities. Any special permit
application, renewal or modification thereof shall include proof that reasonable
efforts have been made to co-locate within an existing telecommunications facility
or upon an existing structure. The application shall include an adequate inventory
report specifying existing telecommunications facility sites and structures exceeding
seventy-five per cent (75%) of the height of the proposed tower within the search
range of the cell grid. The inventory report shall contain an evaluation of
opportunities for shared use as an alternative to the proposed location.
The applicant must demonstrate that the proposed telecommunications facility cannot
be accommodated on existing telecommunications facility sites in the inventory due
to one(1)or more of the following reasons:
(a) the planned equipment would exceed the structural capacity of existing and
approved telecommunications facilities or other structures, considering
existing and reasonably anticipated future use for those facilities;
(b) the planned equipment would cause radio frequency interference with other
existing or planned equipment,which cannot be reasonably prevented;
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(c) existing or approved telecommunications facilities or other structures do not
have space and cannot be modified to provide space on which proposed
equipment can be placed so it can function effectively and reasonably;
(d) other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures;
(e) the property owner or owner of the existing telecommunications facility or
other structure refuses to allow such co-location.
5. Priority of Siting Locations. In determining whether a site is appropriate, and if
it is determined a need exists for the telecommunications facility, the preferential
order of location, to the extent the same may be, or may be made, technically
feasible, is as follows:
(a) Co-located on existing telecommunications towers;
(b) Co-located on any other existing radio or other tower that would not require
any increase in height nor significant noticeable structural additions to
accommodate the telecommunications facility;
(c) Within any industrial zones or existing planned development zones that
permit industrial activities;
(d) Within any light industrial zones or existing planned development zones that
permit light industrial activities;
(e) Within any existing community commercial zones or existing planned
development zones which permits all of the activities permitted in a
community commercial zone;
(f) On any other property in the Town.
6, Dimensional Standards.
(a) A fall zone around any tower constructed as part of a telecommunications
facility must have a radius at least equal to the height of the tower and any
attached antennae. The entire fall zone may not include public roads and
must be located on property either owned or leased by the applicant or for
which the applicant has obtained an easement, and may not, except as set
forth below, contain any structure other than those associated with the
telecommunications facility. Ifthe facility is attached to an existing structure,
relief maybe granted by specific permission of the Planning Board on a case-
by-case basis if it is determined by such Board after submission of competent
evidence, that the waiver of this requirement will not endanger the life,
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health,welfare or property of any person. In granting any such waiver,the
Board may impose any conditions reasonably necessary to protect the public
or other property from potential injury.
(b) All telecommunication facilities shall be located on a single parcel.
(c) All telecommunication facilities shall comply with the setback, frontage,
minimum lot size, and yard standards of the underlying zoning district and
the fall zone requirements of this article. To the extent there is a conflict,the
more restrictive provision shall govern. The size of the leased or owned lot,
together with any land over which the applicant has obtained an easement,
shall be,at a minimum, sufficiently large to include the entire fall zone. All
lots leased or owned for the purpose of construction of a tower as part of
telecommunications facility shall conform, at a minimum, to the lot size
requirements of the underlying zoning district or the size of lot necessary to
encompass the entire fall zone(to the extent easements for any part of the fall
zone that extends outside the minimum lot sized permitted in the zoning
district have not been obtained),whichever requirement results in a larger lot.
(d) Notwithstanding provisions to the contrary of any other article of this
ordinance, the front, side, and rear yard requirements of the underlying
zoning district in which a telecommunications facility is erected shall apply
not only to a tower, but also to all tower parts including guy wires and
anchors, and to any accessory buildings.
7. Lighting and Marking.
(a) Towers shall not be artificially lighted and marked beyond the requirements
of the FAA.
(b) Notwithstanding the preceding paragraph,an applicant may be compelled to
add FAA-style lighting and marking, if in the judgment of the Planning
Board, such a requirement would be of direct benefit to public safety and
would not unduly adversely affect residents of any surrounding property.
8. Appearance and Buffering.
(a) The use of any portion of a telecommunications facility for signs,
promotional or advertising purposes, including but not limited to company
name,phone numbers,banners, streamers, and balloons is prohibited.
(b) The facility shall have the least practical visual effect on the environment,as
determined by the Planning Board. Any tower that is not subject to FAA
marking as set forth above shall otherwise:
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(i) have a galvanized finish, or shall be painted gray above the
surrounding tree line and gray or green below the tree line,as deemed
appropriateby the Planning Board, or
(ii) be disguised or camouflaged to blend in with the surroundings,to the
extent that such alteration does not impair the ability of the facility to
perform its designed function.
(c) Accessory structures shall maximize the use ofbuilding materials,colors,and
textures designed to blend in with the natural surroundings.
(d) Each application for a proposed facility shall be accompanied by a SEQR Full
Environmental Assessment Form ("Full EAF"). A Visual Environmental
Assessment Form("Visual EAF") shall be required as an addendum to the
Full EAF. The Planning Board may require submittal of a more detailed
visual analysis based on the contents of the Visual EAR
(e) The facility shall have appropriate vegetative buffering, reasonably
satisfactory to the Planning Board, around the fences of the tower base area,
accessory structures and the anchor points of guyed towers to buffer their
view from neighboring residences, recreation areas, or public roads. The
Planning Board may similarly require screening adjacent to waterways,
landmarks, refuges, community facilities, or conservation or historic areas
within common view of the public.
(f) Without limiting the requirements of the preceding paragraph, existing on-
site vegetation shall be preserved to the maximum extent possible, and no
cutting of trees exceeding four(4) inches in diameter(measured at a height
of four (4) feet off the ground) shall occur in connection with the
telecommunications facility prior to the granting of special permit and site
plan approval. Clearcutting of all trees in a single contiguous area exceeding
20,000 square feet shall be prohibited.
(g) The Planning Board may require additional information,such as line-of-sight
drawings, detailed elevation maps, visual simulations, before and after
renderings, and alternate tower designs to more clearly identify adverse
impacts for the purpose of their mitigation.
(h) Equipment or vehicles not used in direct support, renovations, additions or
repair of any telecommunications facility shall not be stored or parked on the
Facility site.
9. Access and Parking.
(a) Access ways shall make maximum use of existing public or private roads to
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the extent practicable. New access ways constructed solely for
telecommunication facilities must be at least twelve (12),but no more than
twenty-four (24) feet wide, and closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion potential.
(b) The road surface(driveways)shall be centered within access ways and shall
not comprise more than 60%of the width of the access way.
(c) Parking areas shall be sufficient to accommodate the usual number of service
vehicles expected on the premises at any one time. Space off of public
highways shall be provided (not necessarily in parking areas) to
accommodate the greatest number of service vehicles expected on the
premises at any one time.
(d) Driveways or parking areas shall provide adequate interior turn-around,such
that service vehicles will not have to back out onto a public thoroughfare.
10. Security.
(a) Towers, anchor points of guyed towers, and accessory structures shall each
be surrounded by fencing at least eight(8)ft.in height,the top foot of which
may, at the discretion of the Planning Board in deference to the character of
the neighborhood,be comprised of three-strands ofbarbed wire to discourage
unauthorized access to the site. The Planning Board may waive the
requirement of fencing if,in its discretion, it determines that other forms of
security are adequate, or that, by reason of location or occupancy, security
will not be significantly compromised by the omission,or reduction in size,
of the otherwise required fencing.
(b) Motion-activated or staff-activated security lighting around the base of a
tower or accessory structure entrance may be provided if such lighting does
not proj ect off the site. Such lighting should only occur when the area within
the fenced perimeters has been entered. .
(c) There shall be no permanent climbing pegs within fifteen (15) feet of the
ground of any tower.
(d) A locked gate at the junction of the access way and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such,gate must
not protrude into the public right-of-way.
11. Engineering and Maintenance.
(a) Site plans for all telecommunication facilities must be bear the seal of a
professional engineer licensed to practice in the State of New York. Every
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facility shall be built, operated and maintained to acceptable industry
standards,including but not limited to the most recent, applicable standards
of the Institute of Electric and Electronic Engineers ("IEEE") and the
American National Standards Institute("ANSI").
(b) Every Facility shall be inspected at least every second year for structural
integrity by a New York State licensed engineer. A copy of the inspection
report shall be submitted to the Building and Zoning Enforcement Officer.
Any unsafe condition revealed by such report shall be corrected within ten
days of notification of same to the record landowner on which the facility is
constructed. The time period for correction may, on application of the
landowner or owner of the facility,be extended by the Planning Board if it
is impracticable to complete the correction within said ten days and if there
is no imminent danger to life,limb,or other person's property. If the unsafe
condition is not corrected within the applicable time period,or if the required
inspection is not provided to the Town the special permit for construction of
the facility may, after a hearing by the Planning Board on at least ten days'
prior notice to the landowner of record given by certified mail,return receipt
requested,or other equally effective manner of providing notice,be revoked
by such Board. Revocation may occur only if the Board finds either(a)that
the required inspection has not been provided or(b) that there is an unsafe
condition which poses a risk of bodily injury or significant property damage.
Upon such revocation,the facility shall be removed or dismantled to the point
of removing all unsafe conditions.
(c) A safety analysis by a qualified professional must accompany any special
permit or site plan application, renewal thereof or modification, for the
purpose of certifying that general public electromagnetic radiation exposure
does not exceed standards set by the FCC or any permit granted by FCC.
(d) The municipality, at the expense of the applicant, may employ its own
consultants to examine the application and related documentation. In
addition,the applicant shall reimburse the Town for the costs of the Town,
including the time of the Building and Zoning Enforcement Officer, in
reviewing the application. The consultants that the Town may retain include,
but are not limited to, professional structural and/or electrical engineers,
attorneys,and other experts reasonably required by the Town to competently
and fully evaluate any application and the resulting construction. Such
consultants may be requested, among other matters, to make
recommendations as to whether the criteria for granting the special permit
have been met,including whether the applicant's conclusions regarding need,
co-location, safety analysis, visual analysis, and structural inspection, are
valid and supported by generally accepted and reliable engineering and
technical data and standards,and whether the telecommunications facility as
constructed is in compliance with the approved plans and in accordance with
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generally accepted good engineering practices and industry standards.
(e) To assure sufficient funds are available to the Town to pay for the consultants
referred to in the preceding subparagraph, any applicant shall be required to
deposit Review Fees in escrow,in accordance with the terms of any Town of .
Ithaca law, ordinance or resolution, as the same may amended from time to
time. Notwithstanding the provisions of any such law, ordinance or
resolution, the minimum initial escrow deposit for any telecommunication
facility application which anticipates construction of any type of tower shall
be$5,000 or the minimum prescribed by such law, ordinance or resolution
as in effect at the date of the application,whichever is greater.
12. Removal.
(a) At the time of submittal of the application for a special permit for a
telecommunications facility, the applicant shall submit an agreement to
remove all antennas, driveways, structures, buildings, equipment sheds,
lighting, utilities, fencing, gates, accessory equipment or structures,as well
as any tower(s)dedicated solely for use within a telecommunications facility
if such facility becomes technologically obsolete or ceases to perform its
originally intended function for more than twelve(12) consecutive months.
Upon removal of said facility, the land shall be restored to its previous
condition, including but not limited to the seeding of exposed soils.
(b) At the time of obtaining a building permit, the applicant must provide a
financial security bond for removal of the telecommunications facility and
property restoration, with the municipality as the assignee, in an amount
approved by the Planning Board,but not less than fifty thousand($50,000)
dollars.
(c) At times of modification of the special permit,the Planning Board may adjust
the required amount of the financial security bond to adequately cover
increases in the cost of removal of the telecommunications facility and
property restoration.
13. Application. The application for a special permit for the construction of a
telecommunications facility shall include, without altering any other application
requirements set forth in this Article or elsewhere in this ordinance;
(a) A completed project application form in such detail and containing such
information as the Town Planning Board may require.
(b) Completed Full EAF and Visual EAF.
(c) Site plan in accordance with the requirements for site plans generally,and if
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more detailed,in accordance with the site plan requirements of this section
including,without limitation
(i) The exact location including geographic coordinates of the proposed
telecommunications facility including any towers, guy wires and
anchors,if applicable;
(ii) The maximum height of the proposed facility, including all
appurtenances;
(iii) A detail of tower type, if any, including engineering drawings from
the tower manufacturer(monopole, guyed, free-standing,or other);
(iv) The location,type and intensity of any lighting on the tower;
(v) Property boundaries and names of all adjacent landowners;
(vi) Proof of the landowner's consent to the erection of the facility and
agreement to abide by the ordinance if the applicant is not the
landowner;
(vil) The location of all other structures on the property and all structures
on any adjacent property within one hundred feet of the property
lines,together with the distance of these structures from any proposed
tower;
(viii) The location,nature and extent of any proposed fencing,landscaping
and screening; and
(ix) The location and nature of any proposed utility easements and access
roads or drives.
(x) Engineer's certification that the telecommunication facility and all
related components have been designed in accordance with generally
accepted good engineering practices and in accordance with generally
accepted industry standards,and if constructed in accordance with the
plans the entire facility(including the soils of the site itself)will be
safe,will be in accordance with all applicable governmental building
codes, laws and regulations and in accordance with generally
accepted good engineering practices and industry standards,including
without limitation, acceptable standards as to stability,wind and ice
loads, and bird protection.
(d) Agreement that the applicant will negotiate in good faith with any subsequent
applicant seeking to co-locate a telecommunications facility on the initial
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applicant's structures. This agreement shall commit the initial applicant and
landowner and their respective successors in interest to:
(i) Respond in a timely, comprehensive manner to a request for
information from a potential shared-use applicant.
(ii) Negotiate in good faith for shared use by third parties.
(iii) Allow shared use if an applicant agrees in writing to pay reasonable
charges for same.
(iv) Make no more than a reasonable charge for shared use, based upon
generally accepted accounting principles. The charge may include
but is not limited to a pro rata share of the cost of site selection,
planning,project administration,land costs,site design,construction
and maintenance, financing,return on equity, and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference or causing
uses on the site to emit electromagnetic radiation in excess of levels
permitted by the FCC.
(e) The agreement for removal of the facility referred to above.
(f) Copies of all documents submitted to the FCC or any other governmental
agency having jurisdiction.
(g) Any applicable application or other fees,including any deposits required by
the Town for application to the costs of any consultants retained by the Town
as provided above.
14, Miscellaneous.
(a) Any special permit or site plan permit granted hereunder shall be valid only
for the dimensions and number of structures for the telecommunications
facility contained in original application as so approved. Any subsequent
changes or modifications shall require a new application for same following
the procedures set forth in this section.
(b) In considering the application the Planning Board may, if the application is
granted, impose such reasonable conditions as either body may deem
necessary to minimize any adverse impacts of the facility or its construction,
or to assure continued compliance with the terms of this ordinance.
(c) Whenever reference is made to an engineer's certificate or report in this
section,the same shall be provided by a professional engineer licensed in the
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State of New York who is reasonably satisfactory to the Planning Board.
ARTICLE XXVII: GENERAL PROVISIONS
Section 2700-BUILDING FLOOR AREA. No dwelling in any zone shall be erected or
altered so as to provide for less than 600 square feet of net enclosed floor area.
Section 2701 -SIDE YARD ON CORNER LOT. On a corner lot in a residence zone 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. On a corner lot in any other zone,the yard depth
on both streets shall be equal to the required front yard for adjoining properties on both streets.
Section 2702-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 2703 -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 above the level of the floor of the ground story or
3 feet above grade, whichever is lower.
Section 2704 -PROJECTIONS IN YARDS. Every part of a required yard shall be open
from its lowest point to the sky unobstructed,except for the ordinary proj ection of sills,belt courses,
pilasters, leaders, chimneys, cornices, eaves and ornamental features, provided that no such
projection may extend more than four feet into any required yard.
Bays including their cornices and eaves,may extend not more than four 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 four feet into any required yard.
Section 2705-REDUCTION OF LOT AREA. No lot shall hereafter be reduced or altered
so as to result in a lot or structure that does not meet the minimum area and yard requirements of this
ordinance. In the event a lot upon which stands a building is changed in size or shape, without an
appropriate approval or variance, so that the area and yard requirements of this ordinance are no
I complied with, such building shall not thereafter be occupied or -used until it is altered,
reconstructed or relocated so as to comply with these requirements. The provisions of this Section
shall not apply when a portion of a lot is taken for a public purpose.
Section 2706 -MORE THAN ONE BUILDING ON A LOT. Other than in a multiple
residence zone,there shall not be more than one principal building on any lot in any residential zone
(the term"residential zone"for the purposes of this section means Low Density,Lakefront,Medium
Density, High Density, and Multiple Residential Zones and Conservation Zones). When there is
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more than one principal building on a lot in any non-residential zone or in a multiple residence zone,
the space between such buildings must be at least equal to the sum of the side yards,or the sum of
the rear and the front yards,as the case may be,calculated as if each building was located on its own
individual lot in such zone.
Section 2707-PARKING FACILITIES.
1. All zones. The following provisions apply to all zones unless there are express
provisions applicable to a specific zone set forth below or elsewhere in this
Ordinance,in which event the express provision shall govern.
(a) if permitted or existing in a zone,the following uses shall be provided with
the following off-street parking facilities:
(i) School or other educational institutions -two spaces for each class
room.
(ii) Hospital sanitarium or nursing or convalescent home-One space for
each two beds.
(iii) Medical clinic - Four spaces for each doctor, or for each office in
which a medically-trained person is regularly in attendance,
whichever figure is larger.
(iv) Rooming house tourist house or bed and breakfast- One space for
each room offered to rent.
(v) Fraternity or sorority house or membership club-One space for each
four beds, or one space for each five members, whichever figure is
larger.
(vi) Churches or other houses of worship- One space for each four seats
or one space for each five members,whichever figure is larger.
(vii) Research and Development Facilities-One space for each 3 00 square
feet of gross floor area or one space per employee,whichever yields
the higher number of spaces.
(viii) Multi-family dwellings: Every building in any zone housing or
designed to house more than two 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,plus one space for every three dwelling units.
(b) Notwithstanding any other provisions of this Ordinance, if an existing or
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proposed project permitted in any zone (including the uses set forth in
subparagraph (a) above as well as the uses referred to in various zones
referenced below) 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: that 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.
(c) 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:
(i) 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.
(ii) Any land made available by virtue of such reduction be landscaped
with grass or other vegetation approved by the Planning Board.
(iii) 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
(A) the demand for parking spaces on the project site exceeds on
more than two occasions annually the number of parking
spaces available; or
(B) the traffic flow through the parking area 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 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 terns 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
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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.
(iv) 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.
(d) Parking spaces shall be surfaced with black-top,compacted gravel, or other
dust-free material, and must be graded so as to drain properly.
(e) The Planning Board,in conducting site plan reviews,is authorized, for good
cause shown and providing there is no adverse effects on the project, on the
surrounding properties, or on the neighborhood, to allow a reduction of the
standard size of a parking space to less than the otherwise required 180
square feet, exclusive of circulation and turning areas.
2. All zones except Mobile Home Park Zones:
(a) If permitted or existing in a zone,the following uses shall be provided with
the following off-street parking facilities:
(i) One and Two Family Dwellings - Two garage or off-street parking
spaces for each dwelling unit. No parking shall be located more than
200 feet from the dwelling unit it is intended to serve.
Notwithstanding any other provision herein,off-street parking spaces
outside of garages maybe located in any required front yard provided
that no more than 15%of any required front yard is so occupied.
(ii) Buildings with more than two dwelling units - One garage or lot
parking space shall be provided for each dwelling unit, plus one
additional lot space for every three dwelling units. No parking shall
be located farther than 200 feet from the dwelling unit it is intended
to serve.
(iii) Any ofthe uses specifically enumerated below in Commercial Zones:
The same number of spaces as are required in a Commercial Zone.
(b) Unless authorized by the Planning Board during site plan review processes,
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or by the Board of Appeals as a variance, no parking is permitted in any
required front, side or rear yard.
(c) The Planning Board is authorized to permit parking in a required front, side
or rear yard in course of considering site plan approval,provided the Planning
Board finds:
(i) That the particular use,nature,or location of the proposed project or
building,requires that parking be in one of such yards;
(ii) It is not practicable to limit parking to areas outside the required
yards;
(iii) Parking in such yards does not significantly adversely affect adjacent
properties or the character of the neighborhood; and
(iv) No such parking will occur in any buffer areas.
(d) In conducting any required site plan review, if the Planning Board finds,
utilizing the site plan criteria set forth elsewhere in this Ordinance, that the
particular use, nature, or location of the project under review, or other
circumstances,require that parking be to the rear of the principal building on
the site to mitigate or avoid adverse effects on the project, on adjacent
properties,or on the neighborhood generally,the Planning Board.shall have
the authority to require the parking to be so located.
3. Agricultural Zones:
(a) Agricultural activities other than set forth below: A minimum of one parking
space shall be provided for every two (2) employees or, in the case of uses
authorized by special permit only, one space for each 2500 square feet of
interior floor area, excluding basements used for storage,whichever results
in the larger number of required spaces.
(b) Dwelling_units:As set forth above in paragraph 2 entitled"All zones except
Mobile Home Park Zones."
(c) Retail sales or road side stands: one space for each 200 square feet of
enclosed floor area.
4. Mobile Home Park Zones.
(a) Dwelling units: One garage or lot parking space shall be provided for each
mobile home, plus one additional lot space for each 3 mobile homes. No
parking lot shall be located farther than 100 feet from the dwelling unit it is
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intended to serve. Parking spaces and access to same shall be paved with
asphalt, concrete, or other solid material.
(b) Any of the uses referred to above in paragraph 1 entitled"All zones": The
number of spaces required by the terms of paragraph I entitled"All zones."
(c) Any of the uses specifically enumerated below in 12aragggpli 5 entitled
"Commercial Zones": The same number of spaces as are required by the
terms of paragraph 5 entitled"Commercial Zones."
5. Commercial Zones. Parking requirements shall be as follows:
(a) Commercial buildings: 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:
(i) Office or bank building: one space for each 200 square feet of office
or bank floor area.
(ii) Auditorium, stadium, theater, or other place of public ass
Funeral home or mortuM,,or restaurant: one space for each 5 seats.
(iii) Bowling alley: three spaces for each lane.
(iv) Retail stare: 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.
(v) Hotel, motel: one space for each guest room, which space must be
available at night.
(vi) Skating rink and dance hall: parking spaces equal in number to 20
per cent of the maximum capacity of the facility(maximum number
of persons) authorized for fire protection purposes.
6. Light Industrial Zones. Light Industrial Buildings: A minimum of one parking
S"V .1 employees or one space for each 1200
ace shall be provided for every two (2)
square feet of interior floor area, excluding basements used for storage,whichever
results in the larger number of required spaces, except in the case of the following
uses for which off-street parking shall be provided as follows:
(a) Office building: one space for each 200 square feet of office floor area.
(b) Warehouse: one space for each two employees or one space for each 2500
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square feet of interior space,whichever is greater.
7. Industrial Zones. Industrial Buildings: A minimum of one parking space shall be
provided for every two (2) employees or one space for each 1200 square feet of
interior floor area, excluding basements used for storage, whichever results in the
larger number of required spaces,except in the case of the following use for which
off-street parking shall be provided as follows:
(a) Office building: one space for each 200 square feet of office floor area.
(b) Warehouse: one space for each two employees or one space for each 2500
square feet of interior space, whichever requires the greater number of
parking spaces.
Section 2708 - APPROVAL OF COUNTY HEALTH DEPARTMENT. No building
permit, special permit, special approval, 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
ofthe Tompkins County Health Department under the terms of the Tompkins County Sanitary Code.
Where minimum lot sizes are specified in this ordinance,the same shall be subject to the approval
of the Tompkins County Health Department or any successor agency, and if such Department or
successor requires larger lots to comply with the County Sanitary Code or any other local,county,
state or federal law, rule or regulation, the requirements of such Department or successor shall
govern.
Section 2709-ABANDONED CELLAR HOLES AND BUILDINGS. Within one year
after work on any excavation for abuilding 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.
Section 2710 - AGRICULTURAL LANDS IN COUNTY AGRICULTURAL.
DISTRICTS. Notwithstanding any other provisions of this Ordinance, mobile homes may be
located in any zone on or adjacent to lands used in agricultural production located in an Agricultural
District created pursuant to Agriculture and Markets Law Section 303 or any replacement or
successor statute(such homes being sometimes hereafter referred to as"farm labor homes"and such
districts sometimes being referred to as a"County Agricultural District") subject to the following:
1. Such mobile home shall be physically located within a County Agricultural District.
2. If more than one mobile home is to be located on a farm.,no building permit shall be
issued for such second or additional mobile home unless the proposed mobile home
is shown on, and located in accordance with, a site plan approved pursuant to the
provisions of Article XXM.
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3. Such mobile home shall only be used in connection with the operation of a farm and
shall be leased to, or occupied by, only persons who are, or families at least one
member of which is,employed by the farm operator operating the lands on which the
mobile home is located.
4. In conducting the site plan review, in addition to any other authority granted the
Planning Board by the Ordinance,the Board is authorized to reduce the minimum lot
size from that otherwise required by the terms of the Ordinance to the minimum
permitted by the Tompkins County Health Department,if on-site septic systems are
to be used, or 15,000 square feet,whichever is larger.
5. The farm labor home shall be subject to the same residential set-back and other yard
requirements of the zone in which the same is located.
6. The provisions prohibiting more than one principal building on a lot are waived for
farm labor homes in a County Agricultural District.
7. Such mobile home shall be removed if not utilized for housing farm laborers for three
or more successive years, or if the property on which the mobile home is located
ceases to be a farm operation for a period of three or more years.
8. Any site plan approval granted under this section shall be for a period requested by
the applicant,but in no event longer than five years,provided that the same shall be
renewed for additional periods of up to five years each upon application of the farm
operator if the conditions relating to the granting of the initial site plan approval still
exist.
9. For the purpose of this section,the term"land used in agricultural production"shall
have the same meaning as set forth in Agriculture and Markets Law Section 301 (4)
or any replacement or successor statute.
ARTICLE XXVIII: ADMINISTRATION
Section 2800 ENFORCEMENT, This ordinance shall be enforced by the Director of
Building and Zoning or any other person designated by the Town Board, and duly appointed
deputies, all herein collectively referred to from time to time as the Code Enforcement Officer.
Section 2801-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 2802-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
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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 Code Enforcement Officer, 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;
(e) Do not include the installation of solid fuel burning heating appliances and
associated chimneys and flues; and
(f) In the case of buildings that are subject to site plan approval procedures,do
not materially alter the exterior appearance of the building.
2. An accessory building in an agricultural or residential district, provided that such
building:
(a) Costs less than$3,000.00;
(b) Is less than 12 feet in height;
(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 Lakefront Residential Zones, Low, Medium, and High Density
Residential Zones,Mobile Home Park Zones,Conservation Zones and Agricultural
Zones 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.
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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 anyprovision 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 Code Enforcement Officer 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.
Unless there has been substantial progress in the work for which a building permit was issued,said
building permit shall expire one year from the date of issue.
Section 2803-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 ofthe 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 2804- ZONING BOARD OF APPEALS. There is hereby established a Zoning
Board of Appeals which shall function in.the manner prescribed by law{except as the same may be
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superseded by the terms of this Ordinance as set forth below).
1. (a) There shall be five members of the Zoning Board of Appeals. The members
of the Zoning
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 mariner.No person who is a member of the Town Board
shall be eligible for membership on the Zoning Board of Appeals.
(b) There may be appointed additionally up to two alternate members of the
Zoning Board of Appeals, either of which alternate may substitute for a
regular member of the Board in the event such regular member is unable to
serve because of a conflict of interest, illness, extended (longer than one
month) absence from the Town, or is otherwise disqualified. Alternate
members shall be appointed by resolution of the Town Board for terms
established by the Town Board. The chairperson of the Zoning Board of
Appeals may designate an alternate member to substitute for a regular
member in the event a regular member is unable to participate because of any
reason enumerated above. To the extent this provision is inconsistent with
Town Law Section 267 (11) it is intended to supersede such section, in
accordance with Municipal Home Rule Law Section 10 1 (ii)d(3). All other
rights,responsibilities and procedures related to alternate members set forth
in said Section 267 shall apply.
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 Zoning 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 administer oaths and compel the attendance of witnesses.
The Zoning Board of Appeals may appoint a secretary who shall take minutes of all
its meetings and keep its records.
3. The Zoning 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.
a 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 Zoning Board of Appeals.
5. The Zoning 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.
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
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decision of said person where such order or decision is based upon the requirements
of this ordinance.
6. The Zoning Board of Appeals,on appeal from the decision or determination of the
Code Enforcement Officer, shall have the power to grant use and area variances(as
the same are defined in Town Law Section 267). In doing so,in addition to any other
requirements set forth in this Ordinance, the Zoning Board of Appeals, in
determining whether to grant a use or 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 2 and 3 or any successor statute.
7. The Zoning 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 Zoning Board of Appeals shall follow the procedures and apply the criteria set
forth in the article of this Ordinance entitled Special Permits and Special Approvals.
8. At the option of the Zoning Board of Appeals,it may refer a matter to the Planning
Board for a recommendation before taking action. Such referral shall not extend the
time within which the Zoning Board of Appeals, by law, must act. Failure of the
Planning Board to timely respond to such a referral shall not preclude action by the
Zoning Board of Appeals nor otherwise affect the validity of any actions taken by the
Zoning Board of Appeals.
9. In granting variances or special approvals 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 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 or approval may have on the neighborhood or
community.
10. Unless work has commenced in accordance with the variance or special approval
given by the Zoning 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 2805-PLANNING BOARD. There is hereby established a Planning Board which
shall function in the manner prescribed by law(except as the same may be superseded by the terms
of this Ordinance as set forth below).
1 (a) There shall be seven members of the Planning Board. The members of the
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Planning Board 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 Planning Board. To the extent
reasonably possible, and in the sole discretion of the Town Board, one or
more of the members may be an Agricultural Member as defined in Section
271 of the Town Law.
(b) There may be appointed additionally up to two alternate members of the
Planning Board,either of which alternate may substitute for a regular member
of the Board in the event such regular member is unable to serve because of
a conflict of interest,illness,extended(longer than one month)absence from
the Town,or is otherwise disqualified. Alternate members shall be appointed
by resolution of the Town Board for terms established by the Town Board.
The chairperson of the Planning Board may designate an alternate member
to substitute for a regular member in the event a regular member is unable to
participate because of any reason enumerated above. To the extent this
provision is inconsistent with Town Law Section 271 (15) it is intended to
supersede such section, in accordance with Municipal Home Rule Law
Section 10 1 (ii) d (3). All other rights, responsibilities and procedures
related to alternate members set forth in said Section 271 shall apply.
1 The Town Board shall designate the chairperson of the Planning Board. The
Planning Board 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 Planning Board shall choose one of its number as acting chairperson.
Such chairperson,or the party acting as chairperson in the chairperson's absence,may
administer oaths and compel the attendance of witnesses. The Planning Board may
appoint a secretary who shall take minutes of all its meetings and keep its records.
3. The Planning Board 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. The Planning Board shall, in accordance with the provisions of this Ordinance and
in accordance with the provisions of Town Law Sections 271 et. seq. hear and
determine site plan approval requests, special permit requests, subdivision
applications, and such other matters as may be referred to such Board under this
Ordinance or otherwise.
5. The Planning Board,in making any determination shall have the powers granted to
Planning Boards by, and shall apply the procedures and criteria set forth in, this
Ordinance, the laws of the State of New York, and any other law, ordinance, or
resolution duly adopted at any time by the Town Board or Planning Board.
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6. In granting site plan approvals, special permits, subdivision approvals, or in taking
any other actions in response to any application, 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 special permit or other
approval 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 permit or approval may have on the
neighborhood or community.
7. Unless work has commenced in accordance with the site plan approval or special
permit given by the Planning Board within one year from the issuance of the building
permit authorizing such work, or within eighteen months of the granting of such
approval or special permit,whichever is earlier,not only the building permit but the
approval or special permit shall expire and the permissible uses and construction on
the property shall revert to those in effect prior to the issuance of such approval or
special permit.
8. In making recommendations to the Town Board and the Zoning Board of Appeals,
the Planning Board shall determine that:
(a) There is a need for the proposed use in the proposed location.
(b) The existing and probable future character of the neighborhood in which the
use is to be located will not be adversely affected.
(c) The proposed change or use is in accordance with a comprehensive plan of
development of the Town.
Section 2806-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, or determination is being sought from 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 subdivision approval, a site plan approval, or special permit is being
sought from the Planning Board, the notice shall be posted before the first
Planning Board public hearing on the application.
(c) If a determination is being sought which requires affirmative action by both
the Zoning.Board of Appeals and the Planning Board, the notice shall be
posted before the first public hearing before either Board occurs.
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(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 Planner or Town Building Inspector and Zoning Enforcement
Officer finds that the particular circumstances of an application warrants more signs
than required by this provision,the applicant shall post such additional signs as may
be directed by either of such officers.
4. Such signs shall be continuously maintained by the applicant and displayed facing
the roadway until final action has been taken by the Board involved approving or
denying the application or appeal,or until the application is withdrawn. Signs shall
be removed within 15 days of the final action or withdrawal of the application.
5. The required signs shall be obtained from the Town Planner, Town Building
Inspector and Zoning Enforcement Officer, or Town Clerk and shall contain the
information set forth on the form of sign supplied by the Town. There shall be no fee
for the first sign. If additional signs are required the applicant shall pay a non-
refundable fee for each subsequent sign or replacements thereof. The fee shall be
$3.00 per sign.
6. Failure to post or maintain the signs as provided in this section shall not be a
jurisdictional defect and any action taken by any Board in connection with the
application shall not be nullified or voidable by reason of the failure to comply with
this section. However, the failure to post or maintain the sign may be grounds,
should the Board involved in its discretion so determine, to deny the application
sought or to decline to hear the matter at the scheduled meeting date by reason of the
failure to have the appropriate signs installed and/or maintained. The appropriate.
Board may, on good cause shown,waive the requirement of the posting of signs as
called for by this section.
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Section 2807-ENTRY AND INSPECTION. The Code Enforcement Officer shall have
the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any
building or property,for the purpose of carrying out the provisions ofthis Ordinance after reasonable
written notice of intent to examine or inspect has been provided to a property owner,and permission
of the owner has been granted.If such permission is denied,access shall be pursued by the Attorney
for the Town,who shall be notified by the Code Enforcement Officer of such denial. Pending the
granting of such access or inspection,no further permits,certificates of occupancy or other approvals
shall be granted by the Code Enforcement Officer or any other agency or board of the Town.
Section 2808-VIOLATIONS AND PENALTIES. Pursuant to Section 268 of the Town
Law any person,firm,corporation or other entity violating any provision of this Ordinance shall be
deemed guilty of an offense and upon conviction thereof shall be subj ect 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 the Planning Board or the Zoning
Board of Appeals may refuse a special permit, special approval, preliminary or final site plan
approval to an applicant as long as the applicant, or any person or entity under the control of or
controlled by the applicant,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 granted special permit,
special approval, or final site plan approval in the Town of Ithaca.
Section 2809-AMENDMENTS. This ordinance may be amended as provided by law.
Section 2810 - VALIDITY. The invalidity of any section or provision of this ordinance
shall not invalidate any other section or provision thereof.
. Section 2811-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 to read as set forth in this
Ordinance, except as expressly provided otherwise in this Ordinance. This re-adoption and re-
enactment and the adoption of any amendment shall not affect any pending, or prevent any future
prosecution of any, action to abate any violation existing at the time this Ordinance is re-adapted,
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 2812 - FEES. The fees, escrow deposits, review costs, public hearing fees and
inspection fees for subdivision,variance,site plan and other similar applications and approvals,and
for building permits, Use Permits, Operating Permits and any other similar permit, shall be as set
forth in the most recent local law,ordinance,or resolution adopted by the Town Board establishing
such fees,deposits and costs 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
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Section 2813 - WHEN EFFECTIVE. This revised and restated ordinance shall become
effective April 1, 2004,herein referred to as the"Effective Date".
Section 2814-TRANSITION PROVISIONS.
1. This revised, restated and amended Ordinance shall apply to all applications for
building permits, site plan approvals, subdivision approvals, special approvals,
special permits, or any other approval or authorization hereunder, submitted on or
after the Effective Date.
2. If a completed application is submitted prior to the Effective Date and if such
application is diligently prosecuted to conclusion,the application shall be governed
by the provisions of the zoning ordinance in effect immediately prior to the Effective
Date,unless the applicant elects by written notice accompanying the application or
delivered within areasonable time after submission of the application to be governed,
by the provisions of this revised,restated and amended ordinance as in effect on and
after the Effective Date. For the purposes of this section only, an application shall
be deemed"completed" if it contains all required information, materials, and fees
normally and reasonably required by the appropriate Town official(s) (e.g. Director
of Planning with respect to subdivision, special permit, rezoning, planned
development area,and site plan approval applications,the Director of Building and
Zoning with respect to building permit,variance,and special approval applications,
and the Director of Engineering with respect to fill permit applications) including
initial SEQR forms, to commence the review process by the appropriate Town
official or board. An application shall be deemed "diligently prosecuted to
conclusion"if the applicant promptly responds to any inquiries and promptly supplies
any additional information reasonably required by the reviewing Town officials
and/or boards, appears at all required scheduled public hearings, and otherwise
cooperates so as to permit and enable the appropriate Town officials and/or boards
to adequately and completely review the application and render a decision on same
within a reasonable period of time of its submission, and in any event within nine
months of its submission.
3. The Town Board may, with respect to a specific application, if an applicant
demonstrates
(a) severe, adverse economic impact will result to the applicant if the revised,
restated ordinance is applied to the applicant's application because of a
substantial expenditure of funds by the applicant prior to the adoption of the
revised, restated ordinance and in reliance upon the provisions of the
ordinance in effect prior to the Effective Date; or
(b) delay in rendering a decision by the applicable official or board is due to the
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failure of such official or board to act within a reasonable period of time and
not due to any failure or default by the applicant;
extend byno more than four additional months the privilege ofhaving the application
be governed by the provisions of the zoning ordinance in effect prior to the Effective
Date, or extend by no more than four additional months the nine month period
within which diligent prosecution of the application must be completed to obtain the
benefit of utilizing the pre-Effective Date ordinance provisions. An application for
extension under this subsection must be made prior to, or within 30 days after,the
end of any applicable period by written request to the Town Clerk or Town
Supervisor setting forth the requested relief and the grounds for same,
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