HomeMy WebLinkAbout1968 Zoning OrdinanceZORING,ORDINANCE
TOWN OF ITHACA, NEWYORK,
RE-ADOPTED,—JANIIENDED AND REVISED
AS OF
FEBRUARY 12-1) 1968,
Effective Februar,y 26,, 1,968,
For the purpose of' promoting thhe heal,th, safety-,, morals or, th
eral welfare of tlie commuiiilty, and to the
less'en congestion, t,n
to secure, safety from fire, pantic a,11d other dan.,glers�, to provide ad
oid undu
1", g � t and, air, to prevent the overcrowding of la.n.d, to av
cen, tratt I on of populalltion,, to facilitate the adequate- provision of
portation, water', stwerage, khool,s, parks and other ptiblic requixe
ui
nder and pursuant to the Laws of the State of New York, the
buildi'tigs, and other strUctures he ptrcei tageof lot t1hat may be. o,,c(
the size of yards,, the densi tY of p,op,ulatlion, aInd the location and,
I #I I -y, dence or
btuildings, structures d . for t
anIand rade indust'r, resI
p,urp,oses., are hereby restricted and regulated as hereinnafter, Pr"OVIC
ARTICLE I
,SECTIONI., Deffiiitions. For tip purpost of thil,s ordinance,
words and rrns, shall, have the" followi,ng, meaning unless the
otherwise requii -es.
1. Words used i,n, the Present tense i,n,clud.e the future,�, the
i �rigulax, ��the word
ri,umber includes the plural, and the plural' the s
ing" in,61udes the word "structurel"; and the word 440CCU,plleld ii,
Le'st US:(
th e wo rds "d *9,ned or, intended to be occupied"- the word
cludes the wolrds 4`arrang,ed designed or inte I nded to, "be used-11) a
word, "he" i",ritc1t, ides "i't" and she"..
I A lot, is a. p,arce.], ofland %&hich, may be occupied by on,e o
principal buildings and the a,ccess� ildinp for uses customarli),
dent "to, it i'nx: luading st] ch open,spaces as art used, i"n con,necttoti wirt,
but'Jin S.
3.W "'lot line" i,s property boundary of' a, lott. "b
I Tbe �Iot area" shall not liI'nclude an,y Portion of a. ply h
right of way that may be included withIn, deed description, of 'the 1,
5 Family: A family cotl,sists of one or more plersons related by
'U
marrit-ige, or adoption or any d-oinlestic help, or grat ttousguesto
Y the Pre-nnises and I I IvUll
group of one or mort persons occu,j,,),yj.nIg
liousekeeping tinit,, as distlj,,i,�islied 'from a, group occup
boarding house,, roO,Mjng hottse, lo,(Ig"Ing house, club, fraternity, h
M.0,tel.
6., A "dwe,11.1.1ig" bull"Idin.g desli, gned or, used exclusi,vely,
livin qlarters for, one or irefa.milles.
"dwelhng unit"'i"Is a dvvell.111 ' 9 ','or portion of a d,well111119,1 PrI
'
comp,lete fiving ;afir for one famfll"Y.
8. A "one'family, d-wellin.Ig" i's a,, detach,ed burilding de,signed
and, In factused for resi den tilalfpurposes by a single f'amily,.
9. A "two-family dwelling" is a detached building designed for use
and in, fact used for residential purposes by two fa M-ilies only.
10. A "multiple -family dwelling" is a building ' or_ group of buildings
on one lot containing separate dwelling .units for three or more families.
11. Boarding House; Any dwelling in which more than three persons
either individually or as families are. housed or lodged for hire with or
without meals. A rooming house or a furnished rooming house shall be
deemed a boarding house..
12. A "tourist house" is a building on finally built and used as a
dwellingother than a hotel or motel in which accommodations
modations for tran-
sients are offered for compensation.
13. A "hotel or motel" is a building containing rooms designed and .,
originally planned to be rented or hired out for liviing
or sleeping accom--
modations for transient occupancy.
14. A "clubhouse or lodge" is a building or premises used exclusively
by members of an organization and their guests which premises or build-
ings are devoted to recreational or. athletic purposes, not primarily con-
ducted for gain. It excludes commercial and merchandising activities
for other than its own membership.
15. A "hospital" is an. establishment' for temporary occupation by
the sick or injured for the purpose of medical treatment, but does not
include an establishment for permanent occupation by the poor, infirm,
incurable or insane.
16. A "nursing orconvalescent home" is a building other than a
i
hospital where sick or nfirmed persons are lodged, furnished with meals
and nursing care for hire, except persons who are mentally ill, mentally
deficient, drug addicts or alcoholic patients.
17. A "front yard" is the open space between the street right of way
line and the front line of the principal building, exclusive of overhanging
eaves and other permissible projections, extended to the side lines of
the lot.
18. A "rear yard is the open space between the rear lot line and the
rear line of the. principal building, exclusive of overhanging eaves and
other permissible projections, extended to the side lines of the lot.
19. A "side yard" is the open space between the principal building,
exclusive of overhanging eaves and other permissible projections, and a
side lot line and extending throu�h from the front yard to the rear yard.
20. An "accessory building' is a building subordinate and clearly
incidental to theprincipal buildin on the a . g s me lot and used for purposes
customaril incidental to those of theprincipal
« y ?� a e building.
21. Storage is the outdoor accumulation or laying -up of manu-
factured products or raw materials, or the keepin , of one or more pieces
of movable ,e u� ment other than pleasure automogil q p p es.
22. A "non -conforming use" is a use of land existing at the time of
enactment of this ordinance and its amendments which does not conform
to the zonin regulations of the district in which it is situated.
23. A farm"i a s aa�iy parcel of land containing at least 3 acres which
1 . , P r.. , , • .
is used in the raising of aT
culturai products, such as crops, livestock,
and dal goods. includes r ..
poultry, . dairy g u sstructures, necessary to the pro
duction and storage of agricultural products and equipment.
24. A "street line" is the -limit 'of the right of way of a ,street, road or
highway. Where the word street appears this also means highway or road.
25.. A "flashing sign" is any illuminated sign on, which the a
light is not maintained stationary and/or. constant in intensity an
at all times.
26. A "clinic" is a building or any part of a building which
for the group practice of medicine by several physicians in which
facilities other than reception are shared by the occupants and in
patients are diagnosed or treated by physicians specializing in
ailments and practicing as a group.
27. A "parking space" is an area for the temporary parkin
automobile 180 square feet in size exclusive of the parking lot circ
areas.
ARTICLE II
ESTABLISHMENT OF DISTRICTS
SECTION 2. Districts. For the purpose of this ordinance thi
of Ithaca is hereby divided into 12 types of districts as follows:
Residence Districts R 9
Residence Districts R 15
Residence Districts R 30
Multiple -Residence Districts
Agricultural Districts
Business Districts A
Business Districts B
Business Districts C
Business Districts D
Business Districts E
Light Industrial Districts
Industrial Districts
Said districts are set forth on the map accompanying this or(
entitled Zone Map, dated July 1, 1954, as amended to 1968, and
by the Town Clerk. Said map and all explanatory matter Cher(
amendments thereto are hereby made a part of this ordinance.
SECTION 3. District Boundaries. where uncertainty exis
respect to the exact boundaries of the various districts as shown
Zone Map, the following rules shall apply.
1. The district boundaries are lot lines unless otherwise sho,
where the designation . on the Zone Map indicates a boundary
mately upon a lot line, such lot line shall be construed to be the be
• 2.. Distances shown on the Zone Map are perpendicular o
distances from street lines measured back to the zone bounda
which . lines, in all cases where distances are given, are parallel
street line.
3. where the boundary of . a district follows a stream, lake,
body of water, said boundary line shall be deemed- to be ' at tl
of the jurisdiction of the Town of Ithaca,. unless otherwise desi n
i
4. In other cases the boundary line shall be determine.- 3
the scale on the Zone Map.
existing in the' Town of Ithaca which are unz
S. Any lands
the time of the adoption of this amendment, and. any lands f
added to the Town of Ithaca by annexation or otherwise, are hereby
zoned Residence District R 15. Any such after -acquired lands shall be
automatically zoned Residence District R 15 upon such acquisition,
except that ' such lands may be thereafter rezoned to any other zone,
notwithstanding the provisions of Section 31.
ARTICLE III
RESIDENCE DISTRICTS R 9
SECTION 4. Use Regulations. In Residence Districts R 9 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.
2. A two family dwelling, provided that the second dwelling unit.
shall not exceed 50 % of the floor area excluding the basement of the
primary dwelling unit except where the second dwelling. unit is con-
structed entirely within the basement area, it may exceed 50%,
3. Church or other places of worship; convent and parish house.
4. Public library, public museum, public, parochial and private
schools, nursery school, fraternity or sorority houses, and any institution
of higher learninVa'rd
cludin dormitory accommodations, upon special
a :roval of thoo i
pp£ n ng Appeals. The application for such
approval shall be referred to the Planning Board and no final action
shall be taken until the Planning Board has submitted its report or has
failed to submit a report within 30 days.
5. Publicly owned park or playground including accessory buildings
and improvements.
6. Fire station or other public building necessary for the protection
of or the servicing of a neighborhood.
7. Golf course, except a driving range or a miniature golf course
provided that no building shall be nearer than 100 feet from any lot
line.
S. Garden, nursery, or farm except a hog farm where the principal
food is garbage. Sale of farm and nursery products shall be subject to
the provisions of Section 4, Subdivision 13. Usual farm buildings are
1
permitted, provided that:
a. Any .building in which farm animals are kept shall
be at least 100 feet from, any lot line or street right
of way.
b. No manure shall be stored within 100 feet of any
lot line or street right of way.
9. Any municipal or public utility purpose necessary for the mainte-
nance of utility services except that substations and similar structures shall
be subject to the same set -back requirements as apply to residences in
the district in which the substations or similar structures are constructed.
10. Rooming houses, tourist houses, but only on special approval of
the Board : of. Appeals.
11. Hospital provided that no building so� used shall be within 100
feet of any street or within 150 feet of the lot line ' of any adjoining owner,
anal only upon special approval of, the Board of Zoning Appeals.
r. �
that such use, exxept as to public, and educlational buildings., will fill,,
a neigh borh oo,d or community need.
c. The proposed us,;,e and the location and. design. of any structure
-th the character of thed'istrict inwhich it is Iocated-. I be, consistent
d. The proposed u,.e shall notbe detrimentaltie to the general amenity
Or 1.12eiahborho,od character in aniounts sUfficient, to devaluate neighboring
6 iou4 #,
property orser-sly convent ntighboring jnb,abitants.
e. The proposed aecess and, egress or all strticurres a,,n,,d uses shall
be sa,fely designed.,
f. The general, effect of the proposed uPon, the coy mull."I"Ity as, a whole,l
rncludin,.g such iten"is as traffic load upon,, P'Liblic streets and load LIPO'n
:he healtb d
water and sewerage, systems is, not detri'mental to t safety an
general weifare of " the community.
8. "1,'Iie Board may in'll 0111 the applicant such reason,able con-
y p ose 'up
d'i'ti,ons as 'i"t deery s necessary to Protect the general welfare of tbe com
rnunrty.
SECTION 78Y., In nrmkinp to, th,e Town Board'.
Ro,ard' shati determine that:
and t'he Board of'Appeals, tI lann-*ng
1. "I'bere is a need, for the proposed, use in, the propose,d location.,
2,,, Tbe existing an,d probable futtire character, of the neihborhood
in which. the, L-ise is to be locatted will not be adversely-affeleted.
3,. The proposed change is in, aeclord,ance wi,,,th a co,inprehensive plan
of development of the Tow"I'l.
'. 'Violatimis and Pe",ti.a,lties. Purstant 'to Sect"on 268 SE, CTION' 79 11 1 111
of the Towii Law, any perso-ii, firm, curporation ar other vio"hatin.g. any,
provision of t."his ordinailice! sh,,all be deeme"d amilty of an pffense and tlpon
conviction thereof shall be subject 'to a fine or, tro imprisonment as pro,
vidied,, tberein�,. Each week's contintied violatioll shall eo,n;stitute a sep,octrate
SECTIO '�V` 180. Alm,endmerats., Tfits ordinance may ble anie,,nded as
Provided by law.
,SF,'C770N SI. Valid,it I n
I 1"he 'nvalid ty of' any siectio� or provision,
1.
of tliis, ordinance shall not Invalidate any other section or prov. , ision
thereof.
I
&ECTION' 82.,. When Effective. This ordinance shall be `r:ce and
ettect immedi*xtely upon adoption and publica'dion, as provii,ded by law.
SECTION 83. Existing Zon,"111,ncr Ordinance Ametided Re-Ad,opted,
c T
and Re -Enacted". The ex,,'isting Zoning Ordinance of thie Town of Ithlaca,
as amended, adopted, October 2.51� 119154 "s hereby re-enacted,
rtl-tl dopted and ainended,. This re-adoptnd re-enactment an,d the
adoption of any ani.endmentshall not affect ai,,iy piend,i-,ng or prevent: any
ftiture rosecution ofor acti. ion to abate ,,art I I
P y violat'on ex"stingat the time
1 ase "'s in fliiss, Ordinance as re,-,adopted,l re-enacted, and amended if t! e L I
vioh-lition of the, provisioris of thIs ordinanct as re -adopted, re-enacted, and
aniended. Nothing herein shall, "be deernred. to change the status of ilion-
conforming ttses created, by virtue of the Zuni'ng' Ord,inance adopted
Octo'bear 11925, 1,954, as arnended, if suc,h uses remain non-conforinmg, under
th,e Provisigns of this Ordinance, as re-a-dopted, re-ena,cted and amended,.
M
Accessoi,-Y- Uses. I Permitted accessory uses lil Rc,
Districts—R, 9s,,,hall incluide the follo),Ning-
WA
1. The office of a, resident doctor, Identlist", mustcian
C 01 91111
"I'awyer aill-ti'',.,st architect or
thof' other �re zed
'eacer',
sion, Or, qtias i-profession whiere such ofl`ice is a part of th;e r(
building, provided that not more than 3 -4tddlltional persons not,
on the premises n,iay be emptoyed.
king hair d
2. A custoniary li�oine occtipanw,1111, su ch as (IIII-essm a
laund,ering, liome cook ''ng; caarpentirv-, electricab and phji.�,,'bingl
sflar i.n.,anual', or mechan"ical tr,-i,,d,e,, operated solely by a, �resid, en',,
dwe'lling', 11:)rovIded that'li,o additional persons ltiot, re"Sidi-tig on the r
a "be employed t',herein, an
m. y A that no goods or
product's arc:
e
displayed or, a.dvertised for sale, that fln . . .. ..... re be no outs'Ae stora,
that no, noise 'dust dBorder or objectionable odor is experten
yond the, immediate propexty, where such use is conducted. Th,(
nnechanil"Ical trades to, be conducted in, the asement f' the d
bowe
in a &;arag,e; area. nottto, exceied 200 square, feet,.
J,., Oft' -,street, garage or parking space for the 0CCupa,nX-S,. U'S
employees in. connect I ion, %xvith uses, s ecified, u-nder Seetion, 1'', b ut
* P
to provisions of Section 45 an-d Section 69.
4,. A, tempo ran b uilding for commerce or,industrly,'NArliere, suc'
is 'd,en 1. to the development of a residentl
ng ineces-sari y or, nct, , ta
Such, biiilding ma,,,�r not be continued, for more than one ear exee,
Y
speciiial, approval of the Board, of Appeals.
S,. Accessory buildings sub,Ject to, provisions of Section 6'.
t f r
6'. The keeping, of" dones ic animals oi, �owl in, accesso y bt
provid,ed, that no s=h build,ing shall, 'be nearer t'han. 30 feet, to
llne of any ad ning
l
owner, and, further proviid,ed that tiere
Mo joi
no, raisIng of" fur -blear , ing animals, keeping of horses for hire, 'Or,
for rno"re, "than 3 &)gs over 6 'Montbs old.,
7. Not more than one, sigil in connection ��with. an accessory i
v ided that such sign sba,11 �ie' oin, "the Iot shall. not be ifluniinat
shal], not exceed one square foot in area.
SECTION 6. Accessory Buildings. In Residence Districts R 9
accessory buildings other than garages may not occupy any open space
other than a rear yard. Any accessory building may occupy not more
than 40 per cent of any required rear yard and shall be not less than 3
feet from any side or rear lot line, except that a private garage may be
built across a common lot line with a party wail by mutual agreement
between adjoining property owners. An accessory building on• a corner
.lot shall not be less than 5 feet from the rear lot line. Accessory buildings
shall in no case exceed 15 feet in height. Where the average natural
slope of a lot exceeds 8 per cent rise or fall directly from the street line,
a private garage not over one story in height and housing not in excess
'Of two cars may be located in the front or side yard not less than 5
feet from said street line upon special approval of the Board of Appeals.
SECTION 7. Yard Regulations. In Residence Districts R 9, yards
of at least the following dimensions are required:
Front yard —not less than average depth of the front yards
,of buildings on lots immediately adjacent. However, the front
yard depth, set -back, shall not be less than 25 feet nor need it
be greater than 50 feet from the street line except where other-
wise specified.
Rear Yard not less than 30 feet in depth.
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. When the height of
the building exceeds 30 feet, each side yard must be equal to
half the total height of the building.
Special yard requirements fo.r specific uses as established by Section
4 are required.
SECTION S. Building Coverage. No buildings or building on
a lot, including accessory buildings, shall be erected, altered, or extended
to cover more than 25 per cent of the lot area.
Projections described in Section 42 are not to be included in com-
puting the percentage.
SECTION 9. Size of lot. Lot sizes in Residence, Districts R. 9 shall
meet the following depths and widths at the front yard set -back.
1. When no public water or sewer is available, the minimum width
shall be 100 feet and the minimum depth 150 feet.
2. When public water or sewer is available, the minimum width
shall be 80 feet and the minimum depth 150 feet except that the depth
may be reduced to a minimum of 120 feet provided that the lot area
shall be not less than 12,000 square feet.
3. When both public water and sewers are available, the minimum
w;a*l' 0AAall I-,0 6rl feet and the � ninimunn depth sha11 be i5o feet except
Width 1 a]1L 1 "%- l! 1
that the depth may be reduced to a minimum of 120 feet provided that
the lot area shall not be less than 9,000 square feet.
SECTION 10, Special Properties.. In the case of publicly owned
properties, properties of universities, colleges, cemeteries, or other pri-
SECTION 76. Certificate of Occupancy. Each property c
shall be responsible for compliancewith all terms of this ordinant
fecting his property, including restrictions on change of use. Upon
cations and inspection or explanation satisfactory to the person
nated by the Town Board, such property owner shall be entitled
Certificate of Occupancy certifying that the occupancy or pro
occupancy complied with this ordinance.
SECTION 77. Board of Appeals. There is hereby establisl
Board of Appeals which shall function in the manner prescribed b3
1. The members of the Board of Appeals shall be residents c
Town of Ithaca and shall be appointed by the Town Board to sera
terms as prescribed by law. Vacancies occurring in said Board by
ration of term or otherwise shall be filled in the same manner.
2. The Board of Appeals shall choose its own chairman and
chairman, who shall preside in the absence of the chairman. In th
Bence of both the chairman and vice-chairman, the Board of Al
shall choose one of its number as acting chairman. Such chairman, c
art actin in his stead during his ab ence a ' party g d g s s , may administer oath
compel the attendance of witnesses. The Board of Appeals may app(
secretary who shall take minutes of all its meetings and keep its rei
3. The Board of Appeals shall adopt from time to time such
and regulations as it may deem necessary to carry into effect the
visions of this ordinance and all its resolutions and orders shall
accordance therewith.
4. Any person aggrieved by any decision of any officer of the
charged with the enforcement of this ordinance may take an appf
the Board of Appeals. The applicant - shall pay $4=.00 for the public
of notices of the hearing required by law. 7.6-D
5. The Board of Appeals shall, in accordance with the prov
hereinafter contained in this Section, hear and determine appeals
any refusals of a buildin permit or certificate of occupancy b-1
person designated nated b the own Board r p g y , or review any order or de
of said person where such order or decision is based upon the re(
ments of this ordinance.
6. Where there are practical difficulties or unnecessary hardsf
the way of, carrying out the strict letter of this ordinance, the Boa
Appeals shall have the power, in passing upon appeals, to vary or rr.
the application of any of the regulations or provisions of this ordij
so that the spirit of the ordinance shall be observed and public E
and welfare secured and substantial justice done.
7. The Board of Appeals shall also hear and decide all matte:
ferred to it or upon which it is required to pass by the terms of
ordinance. In deciding such matters referred to it by the terms o:
ordinance and in granting special approval the Board of Appeals
determine that.
-
a. i, ealfb °aye*y, morals and general welfare ;f the Co nl nA
• A l V LLB+ -LL safety, 4 1L 1 n e 1e Y e!
in harmony with the general purpose of this ordinance shall be prorr
except that as to all public buildings. and educational buildings wl
the principle use is research, administration, or instruction, the
shall be presumed to exist.
b. The premises are reasonably adapted to the proposed use
6 27
thereof complied with rules and regulations of the Tompkins County
Health Department under the terms of the County Sanitary Ordinance.
SECTION 73. Abandoned Cellar Holes and Buildings. within one
year after work on any excavation for a building has begun, any excava-
tion 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.
ARTICLE XIV
ADMINISTRATION
SECTION 74. Enforcement. This ordinance shall be enforced by
a person designated by the Town Board who shall in no case, except
pursuant to written order of the Board of Appeals, grant any building
permit or certificate of occupancy for any building or premises where
.the proposed construction, alteration or use thereof would be in viola-
tion of any provision of this ordinance.
SECTION 75. Permit to Build. No principal building or accessory
building, nor any other structure, including but not limited to, tanks,
power and pump stations, swim pools, and signs ( except as permitted else-
where in this Ordinance), in any district, except an accessory building in an
agricultural district, shall be begun or enlarged without a Permit to Build
issued by the person designated by the Town Board. This waiver of the
building permit requirement in Agricultural Districts shall in no case
relieve the property owner from compliance with other provisions of this
ordinance. No such permit shall be issued, except pursuant to written
order of the Board of Appeals, where the proposed construction, alteration
or use would be in violation of any provision of this ordinance.
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 application for a building permit shall be accompanied by a
fee computed on the basis of the value of the improvement to be con-
structed as follows:
Value of Improvement
Fee
$ 1 $ 5,000
$ 2.50
5,001 10,000
5.00
10,001 203000
10.00
20,001 3 0,000
15.00
3 0,001 40,000
20.00
401001 503000
25.00
503001 100,000
50.00
100,001 500,000
75.00
500,001 1,000,000
100.00
1,000,001 & Over
150.00
Unless there has been substantial progress
in the work for which
a building permit was issued, said building permit shall expire one year
from the date of issue.
vase institutions, located in Residence Districts R 9, which .comp
least 6 acres in area and are traversed by interior roads or drivewa,
front and side yard requirements of Section 7 shall apply only alo
exterior public street frontages and there shall be no rear yard r(
ments.
ARTICLE IV
RESIDENCE DISTRICTS R 15
SECTION 11. Use Regulations. In Residence Districts R
building s-hall be erected or extended and no land or building c
thereof shall be used for other than any of the following purposes:
1. A one family dwelling.
y 2. A two family dwelling, provided that the second dwellin
shall not exceed 50% of the floor area excluding the basement
primary dwelling unit except where the second dwellinz unit i
e m
structed entirely within the basement area, 1t may exceed
3. Church or other place of worship, convent and parish hous.f
4. Public library, public museum, public, parochial and ]
schools, nursery school, and any institution of higher learning im
dormitory accommodations upon special approval of the Board
peals. The application for such approval shall be referred to the PI
Board and no final action shall be taken until the Planning Boa
submitted its report or has failed to submit a report within 30 dal
5. Publicly owned park or playground including accessory bu
and improvements.
6. Fire station or other public building necessary to the pro
of or the servicing of a neighborhood.
7. Golf course, except a driving range or miniature golf cours
vided that no building shall be nearer than 100 feet from any lot
S. Any municipal or public utility purpose necessary to the r.
nance of utility services except that substations and similar stri
shall be subject to the same set -back requirements as apply to resi
in the district in which the substations or similar structures ar
structed.
9. Not. more than 2 signs in connection with each of the a:bov
provided that such signs shall be on the lot and shall not exceed 4
feet in area, and further provided that any illumination thereof
shielded that it illuminates only said signs.
SECTION 12. Accessory Uses: Permitted accessory uses ir.
deuce Districts R 15 shall include the following:
1. The office of a resident doctor, dentist, musician, engineer, t
lawyer, artist, architect or member of other recognized profesE
quasi -profession where such office is a part of the residence buildin;
2. Off-street garage orparking space for the occupants, use
employees in connection with uses specified under Section 11, bi
ject to provisions of Section 69.
3. A temporary building for commerce or industry where such
ing is necessary or incidental to the development of a residentic
Such building may .not be continued for more than one year excer
special approval of the Board of Appeals.
26 7
III, ",
4. Accessor, building subject to p"rovi",S]"Ons of Section 13.
Y 1,
5. Not, more: than 2 ro,om,ersmmm.
6. Acustornary h,o,meo,ccupa,ti,,o,n,, sucl-t as dre,,s;sma�,Iing, hair dressing,'
laundering, home couki,ing; carpent,ry,,, electrical,, and plu"m",bing wIork, or
silnrilarmm,anual or mechanica' I trade; operated solely by a resident of the
dw,e�l,,,I,i,i�i,,g,,,prov,jde,d that no additional persons, not residinfroi� the prenaises
niIay be employed the're"in anA that no goods or prodticts are publicly
displayed or adwrtised for sale, that the",�r,e- be �no o,utside stor,z e,,, and,
th,at �no noise, dustl disorderl, or objeal'on,able odor is experien-ce Teyand,
the itnmedliate" property where sucti use is cond,ticted., The -a�,bove
naechani"cal trades to,, be corid.ticted in the b;,isetnel�it of the dwelling, or 1`41,
a garage area not to exceed 20!0 squall -le feet,
7. Thle keeping of''househo1d, )ets and fam'ily g,at-Idens-
8. 111e, keephrig, of o,n,,e horse if'2 acres, of" tand are provided an.d on.,e
a] of
a , Aditional, horsie for each a d-ditional, acre, blut not rnore thI a tot
th ree li.orses,.
i ai"i " CIC11111CISSOTV L111SP11 , 1`0_
9'.. Not n1ore than oiie silgIii iin eoil tlectioil,11 wrth a P
vided that stich sIgn shall'i be on the lot, shtall not: be HIL1.111inated, and
shall not exxceed, one, square fo,at, t,,,n a.'rea.
SL�CTION 13., Accessory, Buildings. In, Residenct Distric,ts R 15
2"Cces'SOry buildings otliesr th,-eti�i. ga,ra'gre inay, not OCCUPY any open space
oflier than a re,-,u17 y'ard. Arty accessbu, b,iii1dinIg -i-nay o,ccilpy not niore
thzl,i 40 per centof a.z,,iy requil"'Ted rear yard. arl"Ild be not less tliati,, 35 feet
fronIl anyr Side or real- lo�t liii,e except that, a. Priveate grarage may be built
across a, comnion, lot line with a, party wall by nitutti.al agreemenr,tl between
adjoi,rinnig propert-,,yr owi�i.ers:. An accessory buildi�i.-ig, on, a cornaer lot Shall
not be less th tanI 5 feet from t1le rear lot Jine. A`ccessoi-y btiild',ings sball
in no, casse, exce,ed 15 feet in heiglit. "Iel-e the averalge� tiatt,,tral slope of
all, lo�t ex,ceed-s 8 per cent rise or U direct], r fion,,i th,e S'' ine a r ve, te
r, t reet 1i
ga"',rage not O"V,er one story in height and I'musing Tiot in, texcess of 2 cars
mav be I ocated in t1ie front or side Yard. not, less, than, -5 fect fi"Om S"edid
street line on approval of' the Roar'd of Appeals.
SECTION 14. Yard 'Regull",ations., In Residence Districts R, 15 yards
of atleast thefollowing diine"n'sions are required"O.
Frozz,,,t Y�ard-i-iot less tha,ri the average depth of the front
,,yards of' buildings on lo,ts i"mmediately adjacent. However th"e
frow:it yard depth shzli, not, 'be less than 25 feet, or need it be
I ,v ,, fied.,
greater thaii 50 feet except as ofl, Iiise, speci
Rear Yarcl�not less tban 30 feet izi dept1h.
Side Y'ards,each not less t'han IS feet iii i�%vidthl except
t,hat, in one of the side yards, a 0111le-story pralge, elther attac"hted
to, the Principal build,ing or septarate, there'from, may 'be 100 feet
from, a. s.ide Iiine,which is not a streel I I Ine., When tlie heil'glit of' a
buil,din,g exceeds 30 feet eacli, side yard must be: eqUal to two-
t'hirds 'fhe total height, of' the butilding.
S,pecial yard requirement's for spleci"fic uses as estab, I fished 'by Sectiorl
11 are required.,
dwellings. No, autorno,bile, parki�nlg area. shall be-, included, in any
yard, exc'ept for a lot with a, s,"'n' vet �,Ujs:ing not morIe 't
,� A 11, gle dN ling, ho
f am i1i"e,sm,
T,,'he f6flowinIg ��uses shall be Provided w1th off-street parking fac
L S,ch.001 or other, educational insfilutions-42 spaces f'or eact,
room.,
2. Hospital,, sanitarium or nuilsing or, con.valescent horne-1
foreach, 2 beds.,
3. Medical clinic-4 spaces for each doctor,, or for each ofl,,,,'
vv'h',,-ich a nnMicall, 1 31 IS r1eg I
1, y-,tra,,':iie,d perso, ti.arly in attendance, wbiq
figILIXIC iis Larger.
4* Room, ing hotiuse, or tourist house-1 space for each room,
to ren L
Fz,-I�nity oi,,, sorority ho,use or mambership c I lub-1 spa
each, 411 beds, or one, space for each, 5 "Merribers, whichever figure is
�, 1 Extractim"i of Naa-tural", Products. In any distr
SECTION70
so,(J,14 joarn, sai.11d, I or stotie sh,!fll be removed
gi-ave 11 oi offered, for sl�',
A
cep t I ri Con:
111"e"CtIoll w1th -a, public w(l),r k on, the propoi-ty-I or tlie renic
silt o,r other recei,.I accumla:tled niaterial that, b,110,C'ks a normal flo,
water coi irse without, the, special approval of the Roard, of Appe,.�
applyiiifr fo �� such. a 'I - e a,,,� licaz tshall submit tp the, Board
r pprova th I
P p,pl
of the p,roposed plr'ojelclt� Sh,0,N1N11iF1g property 11tries, and adjacent pubfiic
grades and dept1,i,,,,s of proposed r"'eino�-I Ity es t
So i -P o be remove, d I an,
osed regf,ad'11,119, and replanting of f1h,e roperty tipon conip,1etm,:),n of'
p 1� " P I
eratlon,,. fi,�i cansideri;ig the proposed, ,tI the Boitz,,-d s,'hall take itito ac
the, distance of the Op"erzttlo,n. from il"C', I ighboi-inlo, property a,n,,d pub,fi"Ic
the possible detritnent, of suc'h use to the fluture dievelopmen't of th,
,in. qzies6oiIi,,, -,I the possible nuis-ance or detriment of the o' erat
P
neighborii-i,g landoivrtiers at1d to th,e com.1'1,1.�,Litnity as a i),rhol,'e. T"he.
may i-rtipo,se such, co,,nditi'lons U110111 Itlie, aj?,jAica,n,t as il deerns nec
tO, Prote,C:'t 'the gelleral vvelfare of the comirinu'rriityr, wbicb rnay iticl
t I Im"e, Itinit uPon operations,, and 't-he reqtu',reirients that a, perfor'.
bondi, 1)e Posted, to izi,surle compEance with, the -i,eqtinVments o
ordinance and with, any ffirthex, condition',"g, iniposed E,
B o, a, r d.,
'ILI b i,,,,
Any norirnal bijildilng operation ill'i connection with, a legal
perinit� stia as excavatlo"t"I fil""'li-i"ig, or grading, sh.1,11 "be excepted fro
4 . t 1, b 1
Rr0,V1Sj101,n1s of this Section.
SECTION' 7L Publi"ic Garages and Gasofi:r,�ie Sa-11I Stations.
L No, part of any bu il d i,iig used as a, public ga,rage or Igasol,ii,ieI -5
ane S
station and 'no fil[ing P,1,1'rnIP, 13"ift 01 oth,ei. serviceaippli r ,e liall be e
Within 25 fee,,t of Dis�trict or in, any required si�d,'e yar
2 .1 No n e or, lo Ling or g"III,easing
gasoli, 'il Pump, no, oil, I
"n,,01, 'Other service appliance I installed in connection with any g.-a&6lim
1.
stat I ion or piufblic, rrarapp,� Sli,atl I within 15 feet of any street 1�
h' "b
lglixivay right of W" ay 11,,ine, and when,, so itistalled shall not be a
tion of front yard requ,,,ireinetits specii,.fied elsewl,,iere in th.is ordinaii�
SECTIO'N 72. Approval ofCounty Healtb Departmen.t. No
A
ing pernnit, trailer permitl or, certificate of oecupancy issued undi
terms of this ordinance sh.aH become or remain valid unless the
W
Residence or Business, Distr-ict, the yii wWth on. -the side street Ball
be at leatst one-half tbe requIred frant Yard .for adjoining properties on,
the side street, but in noevent less than, "10 feet.
SECTION 63. Side and, Rear Yard, Tran's,ition, On. every lot. m, a
Businiess or, Ind.ustrIal Dis'tri�ct th.-it abuts directly on a. Res'idenee Di'strict
I
there sba,l], be provided a yard of at least 25 feet iii width, on such. 101t
al,,olig tbe,,'I,]','n,e,,o,r lines,wh,ere ""It abu-ts stich, Residence DIS"trict,,
SE'CTIOAT 64. Porches and Carports. In detet-nriilning, the percentage,
of''building' coverage or the size of yards for tfie purpose of this ordihmnice,
porches la,"I"I'lid, carports, open at the sides btit roofed, sh.all. be considered
a part of th.le buildilig.
SEC770AT 65. F'ei:ices and Walls. 71'he provisiotis of this orditiance
sliall not, a, pply sraftoover to felnice, or, ms nt 6 feet high above the natural
grade, nor to terracts., steps, unroofed porches., or o ther similar fe,a tures
oirer .3 feet li,�igh. above the levelf, of the floor of the, ground stoilTi.
SECTION65.11., One sign, rel.atin.,g to flie identification of new clan-
struction may, be exected in,, any �listrict in the T'own for a Period not to,
exceed one year provided it shall not, be il"lunainated, or exceed,, 32 sqtllire
al`eaal-id S,11311, conform 'to i back requirements 'in 'the dI'Str'lct.'
Upon, ap proval of the Town of' Itlliaca Planning Board, ls-ticht period
may fll,,ereafter be extenided, serni-a n nu a I I y.
SECTION 665. Rrojections i.n, Yard& Every part of a 'required
yard shall, be open. fi-oni its lo'N',Nrest, point to, the skY' L1111110b'structed, except
for, the o"17"dinnar projecti, I ons s rsesss of Sill'belt couPilaters lelader
Y"
chin,i,neys', co�rnice,s,, eave ai�'id featil,i�rres, 1provided, tha t n o,
sucli projecti,on ma exteii,d ni,ore B'y tli 2 feet into -any req,uired yar,d.
not tiinr�e tlian Sys incluZng their eo.nr'i�ices a.,nA eaves, may extend
2. feet into k-,ui,y r'equrred j,r,21.rd, i
provided, that the S"LIM Of such projections
oi,i any vr�aill all not exceed one-t'hrd the length of sticli wal"11,
Art, open fire, b,,a,1con,y or fire esc,ape may eXIte'nA not nlore than 4 feet
into any required yar,d.
SECTION 67.1 Redi,Ictioll Of 'Lot, Area. Whenever a 1"Ot UP0,11 Whii,eh
stzt.nds a buildifig is chaliged 1`11" S121.1'e, or, sliape so that thte -ell,, and )',rard
req,turelilents Of this ordinance are no I 'on conr-ij)lied with, such btiliding
sli,iall not, th,lereaffer 'be used until it is alt"ered',, recoil'structed or relocated
so as to comply 'Nirith tlie,se req,uirements., The provisions of thisi Section
Shall, 1,10t apply when a. portion of a lot is taken, for a pub,lx purpose.
SE�`CTIOIN 68. More one bii,',ilding.on a , Wlie-m there is
Mc 'I I III niore than one p,il-iin,cilpal btlil& Ity, mi a lot in aqy district flie space
lx,4tivecn, sucb. buildiings must be "at least equal, to the sum of the side,
yards required 'by, sup h buildi'ngs or th.e siim of the rear and, t'hre- fron't
yai,,.Cls as tlie ease ma,y be.
SECTION' 69. Parking Fat,11-ities. Every buildhig housing or de-
signle,d to house tnore, t1lan 2 famil'ies shiatl provide in, con-neetion with it
and on tbe saine lot garage spa,ce or off-street eof ,ve
parkitig space for auto-
t,,,,ng un,"Its provide'd, i
Mtin such
obiles equivallent tothenumbr, &lfi
Coverage No building or building'',
,SECTION 15., Bull'
U1 11110's Sha, J1 be erecteld, "altered or ex,
lot includ,ing accessury
to ColVer M101're than 20, er, cent of the lot area.
,P
Projections ld,escrlbed in Section 66 arel not to be-, included. lil
puting the percenthage., I
SECTION 16. Size. of lot. Lot, sizes i,',,n i,"esidetace districts� shall.
the folllowi.ng depths and,'wldths at the front yard, set -back.
1"', Mlinim,urn w,i,dth of lots shall be 1,00 feet and th.e mi:nimuni
e et"
SEM 70N 17,, Speclal Properties. Irl the catse, of P'Libli,cly
propert, , iles, propertie's of w�ilyersi�,'fies ,, 'culleges, eemeteries, or ot]"I"'e,
vate instittai-ol,tits, located iiri R esidence, Districts R 15� Whieh co,mpr
least 6 acres in, area, and are tra'Ve"rSed. "b3o in'terlor roads or d'rivewa,
'y
fron't ali,d side yard requirei.ulents of Section 14, shall, -,ipply only,
t1lie. exterior, piiblic street frontages and there sliall be, no rear yal."
quirem,ents.
ARTICLE V
RESIDENCE DISTRICTS R. 310
SECTION 18., Use Regulat',ons:. In Residence DistrIcts, R,
buildislial"11, be erected or extended 2nd no land or building oi
thereof's1m]] "be used for other th,a.ii any of t,'11,e following pti;rposes.
L One family, dwvell ing5l.
V 52COnd dwellilnq
2. A, t�Yvro falmily dwell. in g', pro ided that t11C e
shall not, �exeeed SO'% xcluding the basemeiit
,,�Z of the �floor area le prinnary U111"t excelpt ),vh,ere the slecond dvirelling 'w"1�,,It
t "t rn c e le d 50
structed, ent'll, C,13F With'i he'l,>,asernent alreal
li ver
3. Ch,,urch, or on e'111- places of worshi coi�i t.t and, parish, bo
4. P'ub.lj',,,'c library or public niusicurn. 1,.)ubhe, paroclaial and p
riursery scli,00]., and. any in.stitutio-,tlll of hilgplioer leat-:ning il"ic
schools,
I'll oaxd of" Appeahl,,
don-nitory accortimodatiollis, by approval of" ti e
plic,ation for such approval. be referred to the Planning, Boat
no all alction. s'liall 'be taken ui�i.til the Phanning, Board' bas sll,brnitl
ri,,,,Port 01,r has, failed t�o, stibmit 'a, rei,)ort witll'tnt '�O days,
5. Publicly ow,�tied park or pill a'y,g rotin,d *ncluding ac1c,.esso,r bu,.'
J
and improvements.
6, Fire station or other publ Pc buildiiig necessary to the prof
of or the servicincr, of a, neigbborh()od.,
If
7. Golf cou-111-sle", le,xcept a dr,ilvinrr r�a.t_�,ncre, or a miniature 9
S
provided that no buitding sh,all beri,iearer than 1001feet frorn any Ic
8. Gard,ei-i nuirsery, or farniexcept" a, hog �farm wheit , "e t1i e , " pri
food is prbage. Sale of farm, and e�y products S'hall be subj'
bu'ldi
tllie provisions of' Section 18,,, Subdivision, 13. Usual f arm i i n,
penlnitted,, provided tliat:
a. An,y bu.j,,,,,1din,,g in, wh,"ieli, fa,,rm anim lis are kept sb a
,et frorn. ailify lotline orstreet r iht
be, at'. least 1,00 fe
of way.
b. No mariure shal"I be,, stored. 'withirt '100 feet of any
fm
lot I 1"'ne or street rig b t of way.
9. Any municipal or public utility purpose necessary to the main-
tenance 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 con-
structed.
10. Hospital, provided that no building so used shall be within 100
feet from any street or within 150 feet of the lot line of any adjoining
owner and only upon special approval of the Board of Appeals.
11. Nursing or convalescent homes, or medical clinics, but only upon
special approval of the Board of Appeals.
12. Cemetery and the building and structures incident thereto, but
only upon special approval of the Board of Appeals.
13. A roadside stand or other structure for the display and sale of
farm or nursery products incidental to farming and as a seasonal con-
venience to the owner or owners of the land. Any such stand shall be
located a minimum of 15 feet from the street line, in such a manner a�
to permit safe access and egress for automobiles, and parking off the
highway right of way.
14. Clubhouse or lodge, provided that no building so used shall be
within 100 feet of any street or within, 150 feet of the lot line of an
adjoining owner and only upon special approval of the Board of Appeals.
15. Not more than 2 signs in connection with each of the above uses,
provided that such sign shall be on the lot and shall not exceed 4 square
feet in area, and further provided that any illumination thereof be so
shielded that it illuminates only said sign.
SECTION 19. Accessory Uses. Permitted accessory uses in Resi-
dence Districts R 30 shall include the following:
1. office of a resident doctor, dentist, musician, engineer, teacher,
lawyer, artist, architect or member of other recotnized profession and
where such office is a art of to quasi -profession p residence building
provided that not more than 3 additional persons not residing on the
premises may be employed.
2. A customary home occupation, such as dressmaking, hair dressing,
laundering, home cooking; carpentry, electrical, and plumbing work or
similar manual or mechanical trade; operated solely by a resident of the
dwelling, provided that no additional persons not residing on the premises
may be employed therein and that no goods or products are publicly
displayed or advertised for sale, that there be ' no outside storage, and
that no noise, dust, disorder, or objectionable odor is experienced beyond
the immediate property where such use is conducted. The above
mechanical trades to be conducted in the basement of the dwelling or in
a garage area not to exceed 200 square feet.
3. Off-street garage or. parking space for the occupants, users and
employees in connection with uses specified under Section 18, but sub-
ject to provisions of Section 45 and Section 69.
4. A temporary building for commerce or industry, where such build-
ing is necessary or incidental to the development of a residential area.
Such buildings may not be continued for more than one year except upon
special approval of the Board of Appeals.
5. Accessory buildings subject to provisions of Section 20.
6. Not more than 2 roamers.
10
flood, earthquake, act of God, act of the public enemy or catas
within 6 months provided such damage constitutes an amount les
75 /o of the replacement cost of such building. The time limit rr
extended by the Board of Appeals in cases of practical difficulty
necessary hardship.
ARTICLE XIII
GENERAL PROVISIONS
SECTION 57. Existing Lots. Other provisions of this ord
not withstanding, nothing shall prohibit the use for a single
dwelling of a lot of deed record at the time of the passage of thi;
nance, as amended, of less than the required size of lot in any c
except an Industrial District, provided that all other provisions
ordinance are complied with.
SECTION 58, Building Floor Area. No dwelling in any c
shall be erected or altered so as to provide for less than 600 squat
of net enclosed floor area.
SECTION 59. Trailers. Trailer camps or parks and trail
mobile homes for occupancy shall be prohibited in all districts exc
follows:
a.. One mobile home may be placed on a vacant lot in a reside
agricultural district for use as temporary housing during the consti
of a permanent dwelling on said lot for a period not to exceed 18 rr.
unless such period be extended by permission of the Town Board, pr
that said trailer shall be occupied by the owner of record of said lot.
Said trailer must be removed upon the completion of consti
although the 18 month time limit may not have fully expired.
b. Upon special approval of the Zoning Board of Appeals to
viewed each year, one mobile home for each property owner shall f
misted in all agricultural and R-30 districts, provided that one
occupants of said mobile home shall be a full time agricultural em
of the property owner or a bonafide agricultural student doing a
tural work for the property owner.
SECTION 60. Junk or Salvage Yards. Any area used for the
essing, storage, or sale of rags, scrap paper, scrap metal, or junk, inc
automobile salvage yards or used automobile parts or building ma
salvage yards shall be completely enclosed by a substantial ans
fence with openings only for ingress and egress. Such fence shall
least 6 feet high and shall be no nearer than 25 feet from any
highway right of way line. There shall be no storage outside the
Any such junk yards existing at the time of enactment of this ord
shall comply with these requirements within one year of such date
SECTION 61. Front Yard Transition. where an Industrial L
abuts a Residence District on a street line, there shall be provides
distance of 50 feet from the district boundary line into such Ind
District, afront yard equal in depth to one-half the required f ron
in the Residence District.
SECTION 62. Side Yard on Corner Lot. On a corner lot
23
ARTICLE XI
AGRICULTURAL DISTRICIlS
SECTION 91. Use Regulations. In Agricultural Districts buildings
and land may be used only for an awful farm purpose,
y y y l p pose, for a riding
academy or for any use permitted in a Residence District R 30. Other
provisions of this ordinance not withstanding, the following uses or activi-
ties shall not be permitted nearer to any Residence District than the
followin�gg specified distances:
1. Establi raising ' . shment for the ra�sYng of fur -bearing animals 1,000 feet.
2. Animal hospital, kennel or lace or the boarding'n p p f e of a imals
1,000 feet.
ARTICLE XII
NON -CONFORMING USES
SECTION 52. Continuation of Existing Lawful Uses. Except as
provided in Section 53, 54, 55, 56, and 73, any lawful use of land, or a
building or part thereof, existing at the time of this ordinance as amended,
may be continued, although such building or use does not conform to
the provisions thereof.
SECTION 53. Abandonment of Use. When a non -conforming use
has been abandoned for a period of at least one year, it shall not there-
after be re-established and the future use shall be in conformity with
the provisions of this ordinance, except that a non -conforming use that
ceases to operate because of a national emergency or because of govern-
ment restrictions, may be resumed within a period of one year from the
time that such emergency terminates or such restrictions are removed.
SECTION 54. Alterations. No non -conforming building or use shall
be extended except as authorized by the Board of Appeals.
SECTION 55. Changes. A non -conforming use may be changed
to another non -conforming use of the same or more restrictive classifica-
tion and when so changedto a more restrictive use, it shall not again be
changed to a less restrictive use. The order of the classification of re-
strictiveness from the most restrictive to the least restrictive shall be
as follows:
Residence District R 15
Residence District R 30
Residence District R 9
Multiple Residence District
Agricultural District
Business District "A"
Business District "B"
Business District "C"
Business District "D"
Business District
Light Industrial District
Industrial District
SECTION 56. Restoration. Nothing herein shall prevent the con-
tinued use and substantial resthration of a building damaged by fire,
7. The keeping of domestic animals or fowl in accessory bu
provided that no such building shall be nearer than 30 feet to
line of any adjoining owner, and further provided that there s',
no raising of fur -bearing animals, keeping of horses for hire, or
for more than 3 dogs over 6 months old.
8. Not more than one sign in connection with an accessc
provided that such sign shall be on the lot, shall not be illuminat
shall not exceed one square foot in area.
SECTION 20. Accessory Buildings. In Residence Districts
accessory buildings other than garages may not occupy any open
other than a rear yard. Any accessory building may occupy not mo
30 per cent of any required rear yard and shall be not less than 3 fe+
any side or rear iot line, except that a private garage may be built
a common lot line with a party wall by mutual agreement betw(
joining property owners. An accessory building on a corner Ic
not be less than 5 feet from the rear lot line. Accessory buildings ;
no case exceed 15 feet in height. Where the average natural slot
lot exceeds 8 per cent rise or fall directly from the street line, a
garage not over one story in height and housing not in excess of
may be located in the front of side yard not less than 5 feet fro
street line upon special approval of the Board of Appeals.
SECTION 21. Yard Regulations. In Residence Districts R 3(
of at least the following dimensions are required.
Front Yard not less than the average depth of the frc
yards of buildings on lots immediately adjacent. However, i
front yarddepth shall not be less than 30 feet or need
it
greater than 60 feet.
.Rear Yard not less than 50 feet in depth.
Side Yards each not less than 40 feet in width, except t1
in one of the side yards, a one-story garage, either attached
the principal building, or separate therefrom, may be 15 f l
from a side line which is not a street line. When the height
the building exceeds 30 feet each side yard must be equal to i
total height.
Special yard requirements for specific uses as established by
18 are required.
SECTION 22. Building Coverage. No building or building
lot, including accessory buildings, shall be erected, altered or o,
to cover more than 10 per cent of the lot area.
Projections described in Section 66 are not to be included is
puting the percentage.
SE, , T 1 �iN 23. SI�e of Iot. Lo t sizes in residence district
meet the following depths and widths at -the front yard set --back.
1. Minimum lot area: 30,000 square feet.
2. Minimum width of lots shall be 150 feet and the minims
depth 200 feet.
22 11
SECY"11ION 2�4., Special Prop ertii'es. In ��tb,e case of publicl,y, owned
prop erties, properties of' un'I'Vel*sitt I es�, Colfegres c,e
''meter"Ies., or Other private
institutIons, lo�cated, i1n, Residence Diistrict,s R 10, wliich, comprise at least
6 acres in area and are traversed by interior roads or driveways, 'the
A
front, and side yard requirements of Section 21 shall app"Iy only afong�
a', Ya,
the exterior 61"'
p 11c street fronta.,ges and there shall, be no re, r r re
quireinents.
AR,"171CLE 'V I
MULTIPLE RESIDENCE DISTRICTS
SECTION� 25.. Location. With, tb'�e ap-PTOYa Of thie Town Boaxd,, a
Multipte Residence Dlstric�t innay- be establis,`h�ed, i'n an"Y ResIdence. or
A �rictj,,Iturral Distn'ct of t e Town.
9
SECTION 261. Usfe Re M I
gulat'ois. 'in, X'Fultii?le Res'(Iertce Districts
no buil,ding sba,11", be erected orextellded ar-id "Ii,,o land or building, or part
t-,h,ereof'sh all. b,c used, forother than aily of the folloNvilng p,tirposes:
Onie:, fa"Inaily"'t"Wo Euni]y ari,d, rnutttiple faniil,y grotiped,
so as to provide, IiIVII19 quarters for a ti,,nininiumt of' 3 fanti-i-lies.
SECTIOAT27. Accessory Uses. Permitted, Ac�cessory Uses lin �NIul
'ti Il 11
ple R,,e�sidence,D�ist�ri.cts,sha.1 '.iaciude the f'611owin1g:
L ALItornobile parkii g anid aaj� reS SUJ�
11 to thie ftrr''ther require-
ment's of this sectioll.
-act 1 0 1
W1,111
I Structtlres oi- use of open land fo, r recil"ei tended f r resi
d-ents of the Multiple Residence Districts.,
.3,. Stich uses as tnuay be necessary foil- honi-e-xna,king actil-vities, such
as: drying yards or structil"res, ii�l which ka:undry fileilities are inaintained
but a ny such use in"Llst be linri'�*ted to, residents of the AIu.Iniple Residence,
Districts.
SECTION 28. Area a, I I irernent
be as follows: )'Y" rd'., Coverage at,,nd 11ei,ght Reqtd s sh-,J],
1. Area: a minlmllm tract of one acre is requ , 1 , red ��for, the development
Of a Multiple- Residence, District. Said. tract must contain at teast 2,150101
square feet ofgr%ass lot, area. for eac h dwell ing, tm it to be con stru,icted.
2. Yards, and Courts-,
Fro,�tt Ylardl-. not less than,50 feet.
,Side Yar,ds.- not 1`,,ess than,the height ofthe nearest", structu_re,
Rear Ya.,rds,,,:- not less that,n nArj.C,d�,,, the; liei,gfitl o,f' the i�,�i,eaxest
structtire.
Courts.- shall, be cornpletely op,en ort one side, wi't1i, a, width
"he Jieigl�i�t of t'lle talle
tiot less t] an t stopposite structure and
a dept"h,, not more fh-,ailii 1 1/�, the %?,Idth.,
3., Spaces between, bui'ldings: The distance between any two strue-
tures shall be �,no less than. fl,w . averarre height of" both.
4,., Buildilitg, Coverage: NO, buil. irlgl 1`..Iichlding� accessory bu,,i.Id'in-,gs,,
sball 'be erected," or alte�red to, cover, more, _ than 30 per cent of the lot area,.,
5. Heig,ht: All struetures shall, cmiform 'in height, w't, i ot,"her struc-
41 V . ded however that no structure shall excee,d
tures in the vi,cin"Ity; pro i,
2 stories on th.e, ro,,-,,td, si�de,
3. 'The rnanu,facture or refining o�lfl "bl-i.ck, tille and, terra, cott,a, cet
firnlieY glypsum and pla,ster- emery c-loth, and, sand'paper- pavin,g, mate
arid tbe'use, of a coke oven or stone crtisher.
41., Tbe wreckinrf automobilesl atid th,e storage of �used auto
jun,,, rag�s and pa e and used bluildi,xig rnaterials.,
scrap metall, or p r
510 The i-nanufacture or storalge of' explosive's; and PIS, oil zn,ld
infl,arnniables or petroleu,,,m products.
SECTION 48'. Perfor,inaneve Standards, Any �use established. i
Ii"IdLIStrial DiiistrIct shaIlbe so operated as to comp"lly wItIr tbe perforn
staridards, gove.rn"11111,11 rioise 'Sj,]`]oke etnission, and odor heinbefoll'i
forth, in A'r"t"cle �Tii Sectlari 42. No use a_Iready, establislied ojI
effecti)7,-e dat of this, ordinance shall be so altered or rno,dified
conflict with t'lit perforinance st;i3l,,dards governing noise estab]
beretri.
,SEe CTIOAT 49. Yard Reguflations. In Industrial Districts 110
are required except as proNrided in Sections,61 and 63,,,
SECTION SO. Special ReIqt,,iirei,,nenjts shall 'be as follows:
1. Parkiti�g: a rn,irii.nn,.ui."n, of' one parking space shall be ell
provid
each 3 PaIrking, shall not. be loca'tled in any frontt yard.
in.,910ts shall be surfaced. With, black -top, concrete, or ot',he,r solid, ina,
� 13
alld, -shall b,e gr de�d so, as -to drain, properly.
I, Off'-st r`eet loading�: off-street Io,,,i.d.,In,g areas il'[]� suclil,,, arnoul
ryi,aybe� necessaxy� tl,,i,,,e. -sizes ai,l�i.d ty'pes of'proposed itildi,istrial qper,4�1,
shallbe provided.
I. Access an;d Sidewalks,,:, Z1,CCeSs drives shall be paved, ii,,,ritl�i b"Ilact
,co,,;Jc,.rete, or other solid material",,,, land if bi,isiness is to 'be carried
ie evei�ititi,,,g, sliall be adeqtuately lighted. No hahts s1iall be placed
to reflect in an obj`ec�tionabte rn,anrter rxil adjo,1,11,1119 Msidential prop,
or public, streets,. Drweways �Uld walkwi-tys s1hal"! provi,de safe a
egress ain,d traffic circulation witIlin t'Ii,,,e site. Th,e placei�.ii,crrt�, sIze
arraIngemlent of access, to P"Li-blic streets ;sli,all be subject to, the app
-,e, densitV -f populati(
of the approgriate li.ighn%Tay authority, Wbet o,
y.
school bus routes malke it desh,�M,ble n,
I 'the applic:,irrt sha][I 1, stat"I side
the ap � oval of the appropriate, bighwa,y atitho�
pr
4. SigIns: �i'lo �more than" 2 �id,en.,t,'Ilfv",i�ti,,,,f..,r� si, ns rnday be constructe,(,
9
each, shadf be Ii,mited to 50 sqt.tare feet" in at -ea. No fla,bing sigr
sipis illuminated so as to reflect on a,djolllillg resident ial Properti
b � desigrne , ,
b i d c-,ind, Io
PU lic streets sb,,all b,,e allowed,,, AH sips sh a 11, e
'd the creat-K)n of traffic I'llazards, an,d shall confori,.i:i ti
so as to� avol
ainenities of the nei'llghborhood.
,5,, Buffer areas -a�rlid &(-.,r,e,en'zno �'nO�, SMICture shall be, p,,I�aced r
tliaii 50 feet, fronai. any residence or 25, feetl� frolni a�il adjonihig, AgTICU,"
District, A stri , p at leaat 1.0 feet wide sha.'11 be planted or suitably fi
,so as to screen the Ind.t"Istrial District from present or futtire residem
fericing arid screening shatl be providled in any
6. Lands,capin '9
where tlie prop�ose�-,],,'strLi,ctuj.,L,, or "use would c1reate a, hazardous con,(
or would, detract from t1te value of neigb�"borin:g property if SUCII,
s,capiri,o ft, cin.,g or,,screentn,g, were not d,.
', C,n pxovide
12 21
Boal-d of' ZoIl i j`t, ig, 'A" ppeals for stich, fur-th,er consi d era, tion as, th,e Town
Board tnay require. No, building
permit", shall in any case, be i,ssued, on
the basisof a Igeneral site plan.
j," t I'S
3. WheI.iever, a District is created pursuant to the pro,visions, or"
Article,, flic: ow,ner shall be bourt(l by tl,,i,,,,e site plan as approved and
ado b
pted " y 'the lf'own Board.
SE CTION 46-a. L After a Multi, ]e Resid,ence Liigh,t In-
111P , B,usi,ness,
,,,(lustrial or Indtistrial L_),.Js,,t,vic,1t., or any other, special Land Use DISIT."
has y _the Towl'i Boar,,, ,,xtid Nylwnever ipl,, ;11 't"fi
or ch,a,ngq, in t,hel generod plan are proposext, _n, -f or
a site pla
e, (� a 11 apl d y I ning ' oard
the proposecl ttse m'ust be stab"i ir",'i i t t '-] ... ... . .. ,')rGV`C b tlie PI a n,111 B
b,eafore a btril,din,g perimt inay, be, is,suled. This site plan shall show proPerty
11'ries, including 'niete,s eatnd bounds, adjacent public streets, topography,
i t i, c I ti d in existI d location, of st u,ctures,
and proposed cu ntours,, size an
location of jjarking�,, off-street aill(I access, drives, pb- o-
area, anct I A r
proposed lart(Iscaping an-d any other featurleS
posed,, signs ancl Ii. I I �,
(lctm,ed reiasonahty n,ecessal7yr byr th.,e Planning Boarct) for a(lequ-ate, stuidy
o,f the, proposed. plan.
1. The Planning Boarld may requh-e. suc,,h, changes; as are nec,essary
to nieet the requirements of t:his ordinance. Th�e Planning Board may
make such reasonable than)rlels Ill 't , he require-nient's, a's they mtay deem
p ,, _,1ic, heaning thereon as provi&d, by Sect"
appropr iate, stibjita to I�P ion
281, of" t"he T6
1, Upon submJissii,'O,1,,1, of a final site, plan, the, Planning Board s1liall" I
It
approve or disapprove the site plan. Tiae owner sliall be bound by the
site plan as approve,d by the Planning, Board,,
A RT1111, CL E X
INDUSTRIAL PRODUCTS
SECTION 47. 'Use RegulatI1011-1111S., In Industrial Districts buiddings
L
and Jand, may be used for any lawful, purposes exce �t for dm,efling, pur-,
,P
posts and exc%ept that all uses of lanA and btffld'ings, and i,'ndustrial proc-
be noxiou.s or ' * ' s: by, reason of tl 4, 0
eSsIlig that may injuriou ie emission. olf
dust, S1110ke, reftise matter,l water c,,arried waste., odur, gas, fumes, noise,
Vibration, or similar substances or coti�dition.s inay, be pernuItted only
UP01,11 Special aPproval of the Board o�f Appeals. Such industries a,,,s the
followin, Shall reqUj,re su,6 approval:
1. Thle manufac"ture or refini"Int of acid,, aleolioll 'aminonia, asphalt,
Mid d'sinfect'ant
tar, and waterpro,ofing rnaterials,, b:each, chlor'ne cel]Ll,l I
"k
f ertilizer Iam.p b,
exterminants and poisons., glu 11ac'' tnatcbes, oil cloth
I nd linoleu,
a in, paint, oill shellac,, turpentine and varn"sb, pap,er, and pulp,
Potash Py"roxylin, rubber, and gutta,, pereba, sauerkraut, shoe polish, and
creosote treatmetri t or ni.aimfacturey stoxre polish, and,, garbao-e offal, o,.r
dead animal reduction bog, fitrrns and. ffie tanning, cunng, antd stolrage
of hides and skins.,
2. Any of" the following f'actor`ies or" works: arsenal, blastl� f u rn, aCe,
boiJer, warks Iron", steell, brass or copper foundry metal ore, smelting,
rolling mill hnd stockyards or slaughter bouse.
laning mill.,11
P,
SECT"ION 29'. Special requirements sball be as(, follows:
1. Parking: One garage or lot park.ii�ng space shall b�e provid
each "Dwelling, Unit" plus one additional lot space�: for every 3, dN
units.No, park-jinT, shall be. located further than 200 fie, t from the d
It is i:nite ed to serve, nor shall aiiy Pa,:rk,'*,,rg be alowed
froira yard, or required,, sli'de: or -'rear y�-,,Ird.l Pw�kzhi Is
g lots shal,!, be , t
witl1h black -top com, �alcted gravel, or other dust -free inlaterial, an(
exly.
be griaded so, ais to drain, prop
es shall be paved with
21, Access and, Sidewalks: Access drixr
top,, concrete,,, or, othe�r slolid, rinaterial. Dri�veways and walk,way
1, n the s'
provide saafe access, 'egress anid traffic circula,tioi, w"thi
-angeni,ent of' ac,ce,:,ss to, public -ways sball be
placein,ent, size arid arill y authority. Wilere,
to the� appruval Of the �,-,tppropria,te hilgh,Nva , 'he applicai
of' pop"Ulation or school bLIS routes make it necessarly v
install, sidewalks, with t"he approNral of the appropriate highway aw
3., Recreation: The -appliciant sh..all, provide recreation an
children on tlie premism, iii, such arnotint as may, be nec,:essary
tea the b,eallitla, salfety and general welfare of tbe, Children, and rt
in, 'the di stritt..
4., Sicreenin' g' of waste ataid refust: no, waste or refuse shall be
outsIde any building ini, the Multiple Residence District exoept tin,
I tons: an area common I � i I d irigs, or a separ-C
f ollo,wi ill cr cond:t t' to at.. bu
for each buildirig shall be reserved at the, iretar Of the stri.i.cture ol-11
tures. This are,91 s, I hall con�tc�#i,in binls� o1r, other receptacles adeqi
prevent the sc,atterino- Of waste an,'(111 refuse', and sball be plxl,
fenc-ed so, as to be, screened froin flie pub]tc V,Iew",
SECTION 30'. Si'te Plan, Approvals. No building perin-It
,g within a. Multi le Riesidence District tIn']
issued fo� a buildin P
Proposed stIr"LICTU're is 'in, accordance with a site plan app� �ved p
to the provis"[01"Is Of Article IK
I
BUSINESS, Dis,rRICTS
SE CTIO ' N 31. Location: With the approval of the Town
Business Districts "A"l `41131,Y� 11 14c,") t'�D�) ,, and "E',"" may ble establ
any distri.ct, of the ToNvn, except that Busi ness Districts C19C)' a
shall notbe pexrnitte,d in. a Residence District R 1510
SECTION 32 Buslin,
i ess Distrias "A"
District
"'A"' shall be 'the followil 11,
1
Retail food store
2.
na.
Business or p� rofessio I Offices
3A
Rank, or other financia',[ iinstaution
1.
'Bookstore
5.
Dr'Ll,g StOfe.
6.
Ma�..rdware store
7.
Package, -liquor store
8.
Smoke . shop
9.
Utilities
2�,0 13
. Permitted use,,sin, a _.
SE'VTION'33. Bustness Districts "B"I.Permitted
Dist'Irl'a B "" sh �-t 11, b e -the followi:'ngr
L Anyofthe uses pe'rInitted In Busintss District
2. Barber
3. Dry cleati,,,ing pi'ek,-tip st,,,-,ttion
4. Florist
5". Beauty Parloi' -
6, Hand or, co,in ted Iaw:idry
T Nursei�y
8. Milliner
9., Greenhouse,
10. Rettaill stores,, except, auto'M,O'b,'II'Je szales agencies
I L Shoeshiner', shoti, In' aker a.:tA ale pa.irer
12. Tailor
71"'elcgraph and, to , office
usesln, a, Business
"A"
J,A-, Ari,y inunicipal or pubtic utility pt.rrpose iiecessary, to th,e rna,in-
tenance of utifity services
151., Fi',re station or other publk building, necessary to th.e protectioll
of or, seryicing,of a n,eighborhood
16 u'Pblic hbrary
SECTION"31. Business Districts,Perm i tted uses iizi a Busilless
Dist"nict "C'Shall be the follo-wing:
I. Any of the u,ses per
11,11itted I'n Bliar Inelss Distri'cts "A" ai.i,d
I Au.to,11,101bile sales agen,,cy, provided, 'that the display of auto-
mobiles and. ac,cessories is conducteld eintirel Y , w*thin a 'building Theatre tiiig' rr
I 'ska tn I rikIll bawling alley, dance hall, wliere the
activity involved, is conducted exclusively i"Iliside a btlildirig
provid,ed that such place of business shalllocated at jeas't
200 feet froin aresIdence dis,trkt
4. Building sir Orly
5. Dew,-ter
61. Dyer
7Efectrical sbop
ass s' hop,
9". Heat ng Shop
1,0 Monttlnllei,Yt wo�rk-Sl
II Plum,bing sh,qj)
12 Printer 13. "Rest aurant or other place for tbe, serviii.g, of flood.. If' alcohollic
ev,erai,ges areserv,-ed, the place of 1),,uslne'ss shall be focated. at,
least SOO feet frorn, an, adjacei�-.-it school, or chu,rch or 1,50 feet
froin a resilderr ce district
14. Jilote"I or,motel
15. Oub,house orlod. C, p,rovtded that no btailding so used shall be
Witbin 100 fee l�" airiy street or w I ithiin 150 f,,-�e't of th,e lot Iine
of an adjuttung o"Wner ai,itd willy on the approval of the Board
Of' Ap �)eals
16'. Boat barbilor a,:nd rn,an"na
17�. Appliance sale and slervice
18. Ambulance Service
19,* Arts and craft studio
illurn,inatee so as to reflec.t
strects shall be allo.-wed.
All
av,oid, the creation of traffic
of the neighborhood.
ozi adjoining residential 1�pro perties or p
si� ns s It, des rye and located so
hazards and shall conforni to the am,e,:
5,,., Buffer, areas and, screen�nig: no, Structure shall be placed n
" 'h f ny, resideiice: or 1925 feet frorn aii adjoi,niing,A, I'iCLII
t 'ari 50 eet f rorn a,
District. A strip, at lealst 1,",,,Ol fezt wul-e sliall "be pla,raed or sui I y f c,
so as to screen the Lig'ht Industn'al, District from present�, or fi
residences.
6. LandscapinfencIrig and screen11 ,rig, sball be provIded i
o, ll, axly
W
here,. the, pro;po,,s,,,c,,,td'.fi'stru,,cture, oi L[Se WO,uld create zt, hazard()us co,nci
or would dettxaCt from the V"4-,dute, of 'ri,eighborin,,g pro ,J may® I i "Utry if sucb
scaping, f,,,,,en,ctng or screenirig were not pro''Vided.
AR"rICLE, IX
,SITE PLAN APPROVAL
SECTION 46., Beforc: plicaatiotl "i"S stlbinilted to t'he I
B tv nient,6 a M.Wti shri,ess
o, a r d fo r es, t a b I h " w) W p e R-esi nce, Bu 1,
% and, "'E" and any other, Special, 10 C9, 111"', d Use Districts,, the estal:
men,t of whi,ch maY he,reafter be perinitted under this Ordiillan,cc
hereinzfDerr , ref`,,erreld, to, as '1'D'i*strj-CtS, the
f 0,11,0%vs,.,
I. "he applical"It -st"I'11111,11t a, g,e"I,IIe,rI;"1!, site phin. 'to, the 'Plan
Board, wbich atso show, properti 7 lillellsl, including metes and, bot
ad jtopo,graph Size and, location of' existing or acemit public streets, Y11
posed struvcttj.res,, alA, t1le appl-ica,2"It sllitall ' subniit such other plarls,
infoi,"nation a,nd atly, otl'ter fe.turc,s deei,ned reasonably necessr,,iry b'y
Piatu:iAtig Bo.-ird for adeqttate stttdy caf tie proposed platnt.
MancnHIg Board n"iay reqtl sttch ch.,,anges iii, the general
Plan as axe necessary to rneet the requireti,lenug, Of this Ordinaince
ni.ay, irnake any other r,,c,co,iiin,,ietid.a,,t,ioii,,s 'which it deems nec,lessar',
k-
prolirn,,ote 'the general si-t.-fem, ni,orals CaInd the get-leral welfare ol
i tii [,,r Board sliall theii, adopt a IT'SolLition re,
te Ph-,,inni 0
niendiiig eitller approval, approval with modificatinns, or disappt�
Of -the proposed plan.. Before axiy &Lach, re-solut-ion, is ad.opted, the Plan
Board shall bold a public whi'cll� shall be heard by the Pla�n,
B.Ioaxd withi.n 30 days of the fifing of the generarl site, plan with the I
ing Bo,a-i,,-dI wid SLICII Iii,earing be, adver-tised, in a 'neNvspapier of
ll circulation, 'in the Tovirn of Ithaca at le a,st five (5) ys before
e, dow,
learing. The P'htiritii iij-r Board s' 11, i� ,ike its recornin ri ati,n.
the thirt (30) days after the lizari"Ing and forward, the same to fl-jer
Y
The Tow,ii Board shall ter hold a
....... ......... je hear" on the prop
. . ........ . .
t', dle szzinie nonce di srequired by law t e case of a,,n amendr trict-w--i""' I
to the Zoning Ordiiiaiice. If the Town Bqar
d estab 3
I'SlICS StICh, district
sucl�i heaxing, it shall defirne the botiti, aries , t Ii, e r e o get,
ove�
site plan airid inn
:lpose tany iodificatlionan ts d, add,itional require,,rnent
s uch D Ist-rIct, the T
it aetmine.
rn_� derne. ore Befflimadly, es tab, I i,shi"IlIg arty
Y
Bio,ard ma 7,, re th r e n o'Nirn ap licatioto the TPlanni*ng Board or
f e., P I
2. Smoke. The emission of any smoke from any source whatever to
a density greater than the density described as #2 on the Ringelmann
Chart is prohibited. The Ringelmann Chart as published and used by
the Bureau of Mines, U.S. Department of Interior, is hereby adopted and
made part of these regulations.
3. Odors. No use shall emit noxious, toxic, or corrosive fumes, gases,
or matter, in such quantities as to be readily detectable at any point
along the boundaries of the lot wherein it is located.
SECTION 43. Accessory Uses. Accessory uses permitted in a Light
Industrial District shall be the following:
1. Automobile parking and off-street loading areas subject to the
further requirements of this article.
2. Accessory storage buildings, butnot to include outside storage.
3. Signs, subject to the further requirements of this section.
4 hedwelling . T. 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.
SECTION 44. Area, Yard, Coverage and Height Requirements
shall be as follows-.
1. Area: a minimum tract of 10 acres is required for the develop-
ment of a Light Industrial District.
2. Yards: Front Yard not less than 150 feet.
Side Yards not less than 60 feet from any structure to a side
property line.
Rear Yards not less than 50 feet..
3. Coverage: no principal building shall be erected or altered to
cover more than 30 per cent of the lot area.
4. Height: no structure shall exceed one story or 25 feet in height.
SECTION 45. Special Requirements shall be as follows:
1. Parking: a minimum of one parking space shall be provided for
each 3 employees. Parking ,shall not be located in any front yard. Park-
ing lots shall be surfaced with black -tap, concrete, or other solid material
and shall be graded so as to drain properly.
2. Off-street loading: off-street loading areas in such amount as may
be necessary for the sizes and types of proposed industrial operations
shall be provided.
3. Access and Sidewalks: access drives shall be paved with black-
top, concrete, or other solid material, and if business is to be carried on
in the evening, shall be adequately lighted. No lights shall be placed so
as to reflect in an objectionable manner on adjoining residential prop-
erties 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 'ap-
proval of the appropriate highway authority. where density of popula-
tion or school bus routes make it desirable, 'the applicant -shall install
sidewalks with the ' approval of the appropriate highway authority.
4. Si ns: no more than 2 identifying signs. may be constructed and
each halt b limited ' s e i ited to 50 square, in area. No flashing signs, or signs
20. Bicycle sale and repair
21. Caterer
22. Confectioner
23, Decorator
24. Dressmaker
25. Furrier
26. Optician
27. Photographer
28. Refrigeration sale and repair
29. Undertaker
30. Upholsterer
SECTION 35. Business Districts "D". Permitted uses in a Bu
# District "D" shall be the following:
1. Gasoline sales station or garage for repairs, provided th;
servicing of vehicles shall take place on private property, and th
repair work, except short-term emergency repairs, be carried on o
doors. Such uses are subject further to Section 71 and Section 54.
SECTION 35A. Business District "E". Permitted uses in
ness District "E" shall be the following:
1. Restaurant or other place for the servin of food. If alc+
'
beverages are served, the place of business shall fe located at leas
feet from an adjacent school or church or 150 feet from a residence di;
2. Hotel or motel.
3. Club House or Lodge, provided that no buildings so used
be within 100 feet of any street, or within 150 feet of the lot line
adjoining owner and only on the approval of the Board of Appeal;
4. Boat Harbor and Marina.
SECTION 36. Permitted Accessory Uses in Business Di;
"A", "B", "C", "D", and "E" shall be the following:
1. Automobile parking and off-street loading areas, subject t
further requirements of this article.
2. Accessory storage buildings, but not to include outside st+
3, Signs, subject to the further requirements of this section.
4. The dwelling of a guard, caretaker or custodian but not
than one dwelling unit per building.
SECTION 37.. Area, Yard,. and Height Requirements shall f
following:
1. Area: a minimum tract of 2 acres is required for the de-,
ment of a Business District.
2. Yards: front yards not less than 30 feet.
Side Yards none required where a party wall is consti
but not less than 20 feet from any structure to a side property line,
Rear Yard i�ot less than 30 feet.
3. Height: all structures shall conform in height to other strut
in the vicinity, no structure shall exceed 2 stories in height.
SECTION 38. . Special Requirements shall be the following:
1. Parking: a minimum of 300 square feet of parking area, incl
lanes and driveways, shall be provided for each 100 square feet of
18 15
area,, excludi'n,"ba, basenient's used for storalgle, except in the case of' the fol-
lo,wing usels, for, whi�chi off-street pil'a,rk-ing shall, be; provided in accorclance
with the following sched,ule:
Offi'ce o,,,r ba,k bitildit'nig.l e space for each 200; square
feet of office, or bank flaor area.,
Au,cA1;or21'1W?n,, stezl,diu�ns, theam�i,,, or other pt`ave of pub1ic
aissemmbl, ,V,,,- fitnar"al, lionze, or nzorwary lll or restaura,�nit,*
one space for ea6 5 seats.,
-l's"11—p-a"ces for each lane.
RketalliI, stare.- ont space for eacli, 200 square et of
grol-und flolor plus one sPace, for each 500 feet of sales
atrea on all other, floors, combined.,
Hotell inotet: one spa,ce forl ea,ch guest rolon'l wblch
space n"lust be alvailable at: n,,,,,,ht.
I J"a
Skati riltzk and' clance parking spaces, equa]. in
number to 20 per cent, of the capacitylersons shall
be pxovided.
Apar,t�i,neitt. one Tbparkill e fr ear d-wn'tit oh ell'ig in.
19 ispac
yard.. ere shall be no parking in, at-iy reqUired frmit S"i de or rexr
Park"n I g lots shallbe surfaced w"tli, b-lack-top, stone or ot'her, nnaterufl that
does not, produce dust and shall be , graded so as to, drain properly.,
2,. Off-street loaldi ncr: no, less tarp one off-street loading is"'P 3: Ce
shall, be re,quired, for e,ac�,,fi, 20,OW square, feet of floor area, Includii'lig
basern,ent.
3 Access and Sidewalks: Accless id,61"ves shall be paxed w'I"t-11 black-
top, concrelte or other, solid niateri'al i,.i,,e, s is to be carried
and, if btasil Is
0,111 in the evening ,, shall be adeq"uately fighted. No, lights shall be placed
,,so as tol reflect i.ili an objecttonablie man,ner on, adjoi-illing resi&zitia,l bprop-
4c streets. D i n erties or pu riviewayo
s a,, d,, walkways sball, prvide salf
access, legress and, traffic, circulatioii, within, the site. Tlie placernent, S]"W
and arrangelment, of ,acees,s to public streets shall be subject to the ap**
pro,,Nral of tli�e ap,propriate, higbw,ay authorft . Where density, of po,pu. la,
Y
le sid.ewalks, shall be installed
Uon or slic,hool bus routes inake 'rt, des1rab, , I
with,,,, the approval of 'the appropriate high,wa,'y authority.
4. Si,`gns: np flashiing siwb gnsl ox, s, , igiri, s imMated, so, as to reflect
011 adjoinil residential propertles or pu`bliz streets in an OD,Jecti on able
manner shN',� be allaiNved.,
S. BLI,.,ff,,elr areals and screentng: no structure shall be plztced, nearer,
res] e rom any "d11t-a
1ui,l
than SO feet f 1, mce district and 2,5 feet from -,i;,.n a ric
distrIA strip at lela,st, 10, feet 'wide shfall be Suitably plan,,ted to screen
a Business Dist.ri.et from present or future residences,, or a suitable, screen-
,,ing fence shall be erected. No waste or refuse shall be placed outsi"Ale any
building lin. a BusineSs District except underl 'the following, clo,�n�drbons'�.,,
an area com.m.on, to, all businesses, or a separate area for each, business
shall, be reserved, at the,, rear of the struacture. or struct,ures. These areas
shall contain bis, or, otr recep'tractes adeqt1ait-e to prevent tbe scattlening
of waste, and, refulse,, and shall. 'be planted, or, fenced sol as to `be screened
firom t" he public view. Nol refuse shall be btirned oil. tbe p r emi'�,l e s.
Landscaping,, fencizig and scrileening shall be rovided. in, any
P
dition or would d,oetr�ac�t fromu. Ithe valuesoneig.bborig propertdyoarw,ire trpoewerea, l
f n4i,
f -
Such
lan,dscla.,pin,g, fencingor screening and s,,afety *%rere not. provided.
i In, the elvient, that artly, Of thle, Lisa, perm,itted, in,, Business D
Sing or "C" involve auxifilary', sm all -scale, assej_nbly, repair, proces
,cation, S1,11ch, activityl shall take plaoe only in conne,cti,on Wit'i, pr,
rn
or servIces offered for irnmediate sale or direct service to cluston
the pren-lise,S, and further provided tit; no objectionable., riolls'C�
created. thereby shall be e nenced L
O&lr, vibration or di xpe,
the lot, fities of said businessesl.
S., Displays-. in Business D,istri'icts "IN. "'Y' "B") "'I"C"' and "E" no
d,"Ispla,ys, shall bile perlted.
SECTION 39. Site Plan, A, t , rnZ, pei:m�,It
pprovals. No, buill"Id" sl
issued, for a btfildingill or structure, w1thin, a Business I � istrict tink,
proposed buildimp, is izi acclardance with a site, plan appro'Ve'd pursti,
,the PrOvisions o Article, IX,
ARTICLE VIII
LIGHT INDUSTRIAL DISTRCTS,
SECTI'ON'40. Location. Wi I tb the,,, approval, of t1w Town
a Light In,,dLjstTial Di"'Strict May be,, elstablished in any district
rW
Town except a Res;id,ence Dilistrict R. 15.
SECTION 4T. Permitted Principal Uses,,,. Tlie '10
prmcipal wse
Mittled in a Lilght Industrial J)"I'strict shall l Industrial uses, ern'r,
eleetric power or of per irlotor power, or utidizing hizand la,bor for,
,cati,on or alssenably.
SECTION 42. Any- use,, shall be so o . ,xed, as: to com, " 4
pera ply� W1,
perform,ai-we standards governinotse, snifoke emissions, 'and odot
11,11after set fortbii
i,
'i. Noii At no plot , nt on, tltiiel bou-ndary of" a Residencle,11, Alulvpl("
denee or, Business Distrilashall pressure. levie],
ofany J"rid'
operation or plant, otlier than the operation of motor,
vehicles or
tranSportation facilities, exceed the declibel levels in the
designed
bands sbawn below for tbie districts indicated'
Along Bus
District Bow
Octave Band Along Residence, Multiple Resi'dence,
N12,11mium Pt
Cycles Per, Di stricti Bound arile -Maximmm
Sound Lev
Second. P"ermitted Sound Level in Dedbels
Decibel'
I to 75 72
79
75 to 1,50 67
74
150 to, 300 59
66
300 to 600 52
59
600 to 1200 46
53
1200 lt'2 400 40
47
2l4,00 to, 4800 34
41
a bove, 4800 32,
39
Sound, levlels shall'be measured With a sound leva �met�er an.d.
octlave b,a,n,d filter manufactured aCCOTding to stand,arl pri
by the Am, eri,can, Standards Association.