HomeMy WebLinkAbout1969-07-09 2 5 July 9 , 1969
The regular Monthly Board Meeting was called to order by Spervisor Lee at
8 P . M . Present were Supervisor Lee , Councilmen Gridley & Cotterill and Attorney
Amdur . Absent Councilmen Todd & Ogden and Assessor Wells .
The Meeting was opened with the Pledge Allegiance to the Flag .
Supervisor Lee informed the Board that Highway Superintendent Case was
attending a meeting at the Village Hall this evening in regard to the Egypt
Creek Water Shed Project as the Village had extensive water damage in the
last week due to the overflow of the creek on West Main Street . He report -
ed that State Officials as well as Village Officials would be in attendance
and Superintendent Case was the official representative for the Town .
Supervisor Lee reported that the Town lard and Attorney Amdur and Assessor
Wells had been holding nightly sessions re - working the Zoning Ordinance .
He felt that it was nearing completion with the draft , the Town Board would
be taking this to a second Public Heating hopefully in late August or early
September . He stated that the objective this Board was after was to simplify
the document so it could be readily understood by everyone . He further re -
ported that the same procedure would be followed as before , ample documents
would be printed and distributed to vaious points within the Town for pick -
up prior to the Hearing .
Supervisor Lee reported that the house numbering and people refusing to c
change to their new numbers was creating a problem . The Varna Fire Dept .
had been called out and had driven past the house as the new number was not
on it . This could be a serious problem , but there was nothing the Board
could do to make people change to the new numbers . He further stated that
the Planning Board was delivering to all Fire Departments *map showing
house numbers , which would hopefully solve some of the p^ oblems .
Supervisor Lee reported that we had received the Report of Examination from
the State Department of Audit and Control and the report was reasonably
favorable . We will have to make some small minor changes . . He further
reported that a legal notice had been published in the Rural News stating
that the report was on file in the Town Clerk ' s Office for all interested
persons .
Supervisor Lee reported that in Sewer District # 2 over 25 % of the work had
been completed and the first payment had been made to Compagni Construction
Company , Inc . He further stated that Officials from the State of New York
had been here along with representatives from Compagni , Attorney Amdur and
himself in June to go over the schedule for State Aid . Supervisor Lee
reported that the lower portion in this District had been test 1 and passed .
Attorney Amdur is in the process of obtaining easements .
Attorney Amdur reported that she had written a letter to Sykes , Galloway &
Dikeman asking them the best time to sell bonds . She further reported that
they had sent her two schedules , onefbr twenty years and one for thirty years .
We have forty years , but she stated there was some difficulty in forty year
nonds . Bond market not good now , and the unit cost very high . ' for thirty
years . She further reported that the Bond Anticipation Note was almost two
years old and the first payment would be due in October 1969 , so we might
as well sell now , and asked the Board for approval for the Manufacturers
Hanover Trust Company to be the paying agent as they worked directly with
the First National Bank of Dryden .
RESOLUTION # 77 MANUFACTURERS HANOVER TRUST, CO . - PAYING AGENT
Councilman Gridley offered the following resolution and asked its adoption . III
RESOLVED that this Town Board authorize Manufabturers Hanover Trust Company
to be the paying agent for Dryden Sewer District # 2 .
2nd Councilman Cotterill Carried
Attorney Amdur asked the Town Board to authorize Supervisor Lee to execute
the Deeds for Lyle Road .
RESOLUTION # 78 LYLE ROAD DEEDS
Councilman Gridley offered the following resolution and asked its adoption .
RESOLVED that this Board authorize Supervisor Lee to execute Deeds to Dryden
Radio and T . V . and Mnorx Corporation conveying Lyle Road to them upon receipt
from Highway Superintendent Case submitting an order discontinuing said
Town of Dryden Road .
2nd Councilman Cotterill Roll call vote - all voting YES .
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PROPOSED ZONING ORDINANCE
TOWN OF DRYDEN •
• NEW YORK
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MODIFIED AND REVISED BY THE
TOWN BOARD OF DRYDEN : JULY 1969
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TABLE OF CONTENTS 11 '
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ARTICLE tPAGE
I Title , 1 '
II Purpose 1
III Definitions 1
IV Zone Districts 2 '
V General Provisions 3
VI Deleted
VII District Regulations : R-B Zones 4 •
VIII District Regulations : R- C Zones . 6
IX District Regulations : R- D / Zones 10
t X District Regulations : C - A Zones 12
XI District Regulations : C - B Zones 14
XII District Regulations : M- A Zones ' 16
XIII Permits ' 18 _
( General Requirements ; Existing uses ;
Public Hearing ; Specific Requirements ;
Dwellings in C - B Zones )
XIV Off - Street Parking 21
XV Signs 23 R '
XVI Special Regulations 26
( Lots of Record , Obstruction to Vision ; '
One Lot in Two Zones , ' Airport Hazard
Area ; Abandoned Cellar Holes and
Buildings )
XVII Nonconforming Uses 28
( Continuance ; Extension or Enlargement ; .
Changes ; Discontinuance ; Repair and
Restoration )
XVIII Administration 29
( Enforcement ; Building Permits ; Certi
ficate of Occupancy ; Health Department
Requirements; violations and Penalties )
XIX ` Appeals - 31
XX Amendments 32 jr
XXI Miscellaneous 33
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Appendix A . Definitions 1
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PROPOSED ZONING ORDINANCE
TOWN OF DRYDEN
NEW YORK
, - ARTICLE I : ZONING ORDINANCE , TOWN OF DRYDEN , TOMPKINS COUNTY ,
NEW YORK
ARTICLE II : PURPOSE •
The intended purpose of the Ordinance is : to pro -
mote the health , safety and general welfare of the. community ;
• to conserve land and natural resources and , under' and pursuant
to the iLaws of the State of New York , to establish zones wherein .
regulations concerning the use of land and structures , the den-
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sity of development , the size of yards , the percentage of lot
that may be occupied , the provision of parking and control of
signs , will be set forth so as to encourage the most appropriate
• development of the . Town in accordance with the comprehensive
General Development Plan .
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• ARTICLE III : DEFINITIONS
Except where specifically defined herein - all words
used in this ordinance shall carry their customary meanings ,
Words used in the present tense include the future , and the
plural includes the singular ; the word " lot " includes the word
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" plot " : the - word " building " includes the word " structure " , the
• word " shall " is intended to be mandatory ; " occupied " or " used "
shall be considered as though followed by the words " or intended ,
NI arranged or designed to be used or occupied . " .
Certain specific words and terms used in this Ordi -
nance are to be interpreted as defined in Appendix " A " ,. hereby
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made , a part of this ordinance . r
ARTICLE IV : ZONE DISTRICTS
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Section 400 . For the purposes specified in this .
Ordinance , the Town of Dryden is divided into the following . � .
zones : '
R- B Zones : Low Density Residential
R- C Zones : . Low Density Agricultural - Residential
R -D Zones : Higher Density Agricultural - Commercial -
Residential
C =A Zones : Local Commercial
C - B Zones :' Heavy Commercial
M- A . Zones : Manufacturing and Assembly
Section 401 . All land in the Town of Dryden shall
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fall within one of the established zones as shown on a Zoning
Map dated July , 1969 . Said map and all notations and references
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shown thereon are hereby incorporated into and made a part of
this Ordinance .
Section 402 . Boundary Determinations . , In deter =
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mining zone boundaries , the following guides shall apply : ,
1 . Zone boundaries are intended to follow center lines of streams ,
streets , roads and railroad main lines as shown on plats of record
at the time this Ordinance becomes effective .
2 . Where boundaries approximately follow lot lines such lot lines
shall be construed to be said boundaries .
3 . Where zone boundaries are drawn approximately parallel to
streets and highways such boundaries shall be construed to be
parallel to the right - of -way line of said street or highway at
such distance therefrom as indicated on the Zoning- Map . If no
dimension is specified on the Zoning Map , the boundary shall be .
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determined by measurement using the scale shown on said map .
Street lines shown on said map are intended to represent .right -
of- way lines . , .
ARTICLE , V : GENERAL PROVISIONS
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• Section 500 . Except as hereinafter provided , the -
following general provisions shall apply to land use and develop
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ment in the Town of Dryden :
. 1 . No land or building shall hereafter be used or occupied and .
' no building or part thereof shall hereafter be enlarged or its
use altered unless such action is in conformance with all the
regulations specified for the zone in. which said action occurs
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and any special regulations pertinent thereto . .
, � H 2 . Until such time as Public " Water and /or Sewer facilities are
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installed the Health Department standards for minimum lot size
shall take precedence over any less restrictive provisions of
this Ordinance .
3 . No lot shall hereafter be reduced or altered so as to result
in a lot that does not meettthe minimum area or yard requirements
prescribed by this Ordinance .
• 4 . No yard or off - street parking space provided about any build -
ing for the purpose of complying with the provisions of this
Ordinance shall be considered as providing . a yard or off - street
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parking space for any other building .
5 . Public utility facilities ( including electric , gas , telephone • '
and T . V . cable) and necessary appurtenances thereto , shall be
allowed uses in all zones . Public utility substations shall be
allowed uses in ' the MA zone and shall be allowed uses ' by special .
permit in all other zones . :
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6 . The provisions of this Ordinance shall not be in conflict
with the Land Subdivision Rules and Regulations of the Town of
Dryden . The most restrictive conditions shall apply unless t,
otherwise modified • by the Zoning Board of Appeals or the Plan-
ning Board . .
7 . This Ordinance does not apply to any land now owned by or
subsequently acquired by any governmental entity or any educa-
tional institution chartered by the. State of New York , which .
lands are used for governmental or educational purposes , re - . ,
spectively . .
ARTICLE VII : DISTRICT REGULATIONS : R - B ZONES 7
Section 700 . The intent and purpose of the R- B
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zone is to preserve the quality and appearance of established
low density residential communities , to preserve existing farms , (
and to provide minimum standards to guide the continued develop - a
ment of these communities in a manner which will be compatible
with the character of existing development .
Section 701 . Allowed Uses
1 . One - family , two - family and multi - family dwellings .
2 . Farms existing at the time this Ordinance is adopted .
3 . Gardening , farming , greenhouses , and the keeping of livestock . "1
4 Farm buildings .
5 . Existing farms ; Roadside stands ,for the sale and display of , .
farm products provided that any such stand shall be at least 50
feet from the road center line . ( see Section 1502 . 3 ) '
6 . Educational buildings , churches , community buildings and
other semi - public structures . .
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7 . Clubs , playgrounds and parks , and recreation facilities not
operated commercially for profit.
8 . Private Garages .
9 . Home occupation of a professional or service nature when
such activity is located entirely upon a residential lot and
operated by the person living in said residence ( see Section
1502 . 5 ) .
Section 702 . Density and Area Requirements .
1 . One - family dwellings , a two- family dwelling provided that
the second dwelling unit shall not exceed 50 % of the floor area
excluding the basement of the primary dwelling unit , except
where the second dwelling unit is constructed entirely within
the basement area it may exceed 50 % . Lot area shall be at least
30 , 000 square feet with at least 125 feet of street frontage .
2 . Multi - family dwellings : Lot area shall , be at least 30 , 000
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square feet with at least 125 feet of street frontage for the
initial dwelling unit and at least 10 , 000 square feet of addition-
al lot area and at least 25 feet additional frontage for each
additional dwelling unit . . Maximum frontage required shall be
250 feet where neither public water and / or sewer facilities are
available . -
3 . All other allowed uses : Lot area shall be at least 30 , 000
square feet with at least 125 feet of street frontage .
4 . In areas in R- B zones where public sewer and water facilities
are installed , the minimum lot size for the initial dwelling unit
can be 20 , 000 square feet , with at least 100 feet of street
\. frontage . For multi - family dwellings the lot size must be in-
creased by 2 , 000 square feet for each additional dwelling unit
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and at least 10 feet additional frontage for each additional
dwellin unit . Maximum frontage required shall be 200 feet .
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However , in no case, shall density exceed 10 units per 30,, 000 .
square feet .
5 . No more than 15 % of the gross area of any lot may be covered
by buildings , or no more than 30 % with public water and sewerage
facilities installed .
Section 703 . Yards and Landscaping .
1 . Front yards ; All buildings shall be at least 70 feet from
the road center line . On corner lots the designated side yard
fronting on the road may be reduced by 25 % .
2 . Side and rear yards : All buildings shall be at least 15 feet
from each side property line and 25 feet from the rear property
line . -
3 . All other yard space may be used for off- street parking . All :4
parking space shall be at least 15 feet from any lot line .
4 .. All yards shall be kept free of abandoned or inoperable
vehicles. , trash , rubbish and junk . .
Section 704 . Other . Provisions and Requirements .
1 . Signs ( see Article XV )
2 . Off- Street Parking ( see Article XIV )
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ARTICLE VIII . DISTRICT REGULATIONS : R - C ZONES
Section 800 . The intent and purpose of the R - C Zone
and the following regulations is to identify and establish areas
where farming is one of the principal economic activities , where
residential and other development should be compatible with farm ) i
use , and where rural residential development on large lots may
be necessary to keep densities low in areas where public sewer
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having steep topography or a high• water table which / interferes
with the proper operation of sub - soil sewage disposal facilities ,
and to establish uses compatible with existing development .
Section 801 . Allowed Uses . .
1 . Farming , Farm Buildings , gardening , nurseries and green-
houses and the keeping , or raising of livestock and poultry .
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2 . One - family , two - family and multi - family dwellings , and
tourist homes . ( See Section 1604 ) .
3 . Educational buildings , community buildings , churches , ceme -
teries and similar semi - public structures and uses . ( See Sec -
tion 1604 ) . •
4 . Village , town , county , state and federal buildings .
- k 5 . Parks , playgrounds , golf courses and recreation areas .
:. : 6 . Such buildings as hospitals , clinics , nursing or convales -
cent homes , sanataria , and funeral homes . ( See Section 1604 ) .
. ) 7 . Clubs . •
8 . Professional offices or studios .
• 9 . Home occupation .
10 . Private garage . .
11 . Accessory farm buildings . •
12 . Roadside stands for the sale and display of farm products
provided that any such stand shall be at least 50 feet from the
road center line . •
. 13 . Mobile homes on individual lots . '
.j; r Section 802 . Uses Allowed by Special Permit . ( Sub -
ject to applicable provisions of Article
XIII ) . .
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1 . Retail business establishments which are clearly of a neighbor- _
hood or local service nature , such as , but not limited to , gro -
cery stores , eating and drinking places , drug stores , barber and
beauty shops , s'hoe repair shops , laundromats , and dry cleaning
plants .
2 . Gasoline stations and commercial garages . •
3 . Motels . .
4 . Lumber , wood , coal and other similar storage yards .
5. . Salvage or junk yards .
6 . Planned Developments ( See Definitions ) . '
7 . Laboratories and installations for research and development .
8 . Dwelling units for more than three unrelated persons . ( See
definitions : " Dwelling Unit " . )
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9 . Mobile home parks .
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Section 803 . Density and Area Requirements ..
1 . One - family dwellings , a two - family dwelling provided that the
second dwelling unit shall not exceed 50 % of the floor area ex -
cluding the basement of the primary dwelling unit , except where
the second dwelling unit is constructed . entirely within the
basement area it may exceed 50 % . Lot area shall be at least
30 , 000 square feet with at least 125 feet of street frontage .
2 . Multi - family dwellings : Lot area shall be at least 30 , 000
square feet with at least / 125 feet of street frontage for the •1
initial dwelling unit and at least 10 , 000 square feet \ of addition-
al lot area and at least 25 feet additional frontage for each
additional dwelling unit . Maximum frontage required shall be
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250 feet where neither public water and / or sewer facilities are '
available .
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3 . Dwelling units for more than three unrelated persons : At
least 200 square feet of living .space . per person must be pro- .
vided ; area requirements will be determined by the Zoning , Ens,
forcement Officer . :
4 . All other allowed uses : Lot area shall be at least 30 , 000
square feet with at least 125 feet of street frontage .
5 . In areas in R- Ctzones where public sewer and water facilities
are installed., the minimum lot size for the initial dwelling
unit can be 15 , 000 . square feet with at least l00 feet of street
frontage . For multi - family dwellings the lot size must be in-
creased by 2 ,000 square feet for each additional dwelling unit
' and at least 10 feet additional frontage for each additional
dwelling unit . Maximum frontage required shall be 200' feet .
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However , in no case shall density exceed 10 units per 30 , 000
square feet .
6 . No more than 20 % of the gross area of any lot may be covered
by buildings , or no more than 30 % with public water and sewerage
facilities installed .
Section 804 . Yards and Landscaping .
1 . Front Yards : All buildings shall be at least 70 feet from
the road center line . . On corner lots the designated sideTyard
fronting on the road may be reduced by 25 % . .
2 . Side and rear yards : All buildings shall be at least 15 feet
from each side property line and 25 feet from the rear property
line .
3 . All other yard space may be used for off - street parking . All
parking space shall be at least 15 feet from any lot line .
4 . All yards shall be kept free of abandoned or inoperable
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vehicles , trash , rubbish and junk . f ."
Section 805 . Other Provisions and Requirements .
1 . Signs ( See Article XV )
2 . Off - street Parking ( See Article XIV )
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ARTICLE IX : DISTRICT REGULATIONS : R - D ZONES
Section 900 . The intent and purpose of the R - D
zone and the following regulations is to establish are adja-
cent to most major highways and urban concentrations where there
is potential for higher density development .
Section 901 . Allowed Uses .
1 . All uses allowed in R - C zones will be allowed in R - D zones
except as otherwise noted in this Article .
Section 902 . Uses Allowed. by Special Permit . ( Sub =
ject to applicable provisions of
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Article XIII )
1 . All uses allowed by Permit in :R- C zones except as otherwise
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toted in Section 903-.
2 . Light manufacturing and assembly . .
3 . Wholesale storage and warehouse facilities .
4 • Retail shopping centers or shopping plazas , \ and all types
of retail establishments . .
Section 903 . Prohibited Uses .
1 . ,. Salvage • or junk yards will not be allowed in R-D zones .
Section 904 . Density and Area Requirements .
1 . One - family dwellings , a two- family dwelling provided that the
second dwelling unit shall not exceed 50 % of the floor area ex - t
cluding the basement of the primary dwelling unit , except where
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the second dwelling unit' is constructed entirely within the
basement area it may exceed 50 % . Lot area shall be at least
30 , 000 square feet with at least 125 feet of street frontage .
i 2 . Multi - family dwellings : Lot area shall be at least 30 , 000
square feet with at least 125 feet of street frontage for the
first dwelling unit plus at least 10 , 000 square feet of addition-
al lot area and at least 15 feet additional frontage for each
additional dwelling unit . Maximum frontage required shall be
200 feet . .
3 . Dwelling units for more than three unrelated persons : At
least 200 square feet of living space per person must be pro -
vided ; area requirements will be determined by the Zoning En-
forcement Officer .
4 . Areas in R- D zones having available public water systems
and public sewerage facilities shall be regulated by the follow-
ing density and area requirements : ,
( a ) all residential lots shall be at least 12 , 000 square
feet in area with at least 80 feet of street frontage for the
initial dwelling unit plus at least 4 , 000 square feet of addition-
al lot area and at least 5 feet additional frontage for each
additional dwelling unit .
5 . All/ other allowed uses : Lot area shall be at least 12 , 000
square feet with at least 80 feet of street frontage .
6 . No more than 30 % of the gross area of any lot may be covered
by buildings . .
1 Section 905 . Yards and Landscaping .
1 . Front Yards :
( a ) For all allowed uses : On State routes all buildings
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shall be 90 feet from the road center line .- On other roads , r
all buildings shall be 70 feet from the road center line . ,
ted side and fronting on
( b ) On corner lots the designa y g .
the road may be reduced by 25 % .
2 . Side and Rear Yards : r
( a ) All buildings shall beat least 15 . feet from the side
property line and 25 feet from the rear property line .
3 . All yards shall be kept free of abandoned or inoperable
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vehicles , trash , rubbish and junk .
Section 906 . Other Provisions and Requirements
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1 . Signs ( See Article XV )
2 . Off- Street Parking ( See Article XIV )
ARTICLE X : DISTRICT REGULATIONS : C - A ZONES
Section 1000 . The intent and purpose of the C - A
Zone and the following regulations is to establish small , retail
business areas where business will meet the daily shopping and
service needs of surrounding residential development .
Section 1001 . Allowed Uses .
1 . One family , two - family and multifamily dwellings , boarding
houses, and tourist homes .
2 . Community buildings , churches , village , town and county
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buildings . -
3 . Retail business establishments such as , but not limited to ,
eating and drinking places , food , drug and variety stores ; and
personal service shops such as barber shops , laundromats , dry
cleaning plants and similar uses .
4 , Banks and offices .
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5 . Clubs , playgrounds , parks and recreation facilities not
operated commercially for profit .
6 . Mobile home parks : .
7 . Home occupations . .
8 . Private . garages .
Section 1002 . Uses Allowed by Special Permit . ( Sub -
ject to applicable provisions of
Article XIII ) .
1 . Gasoline stations and commercial garages .
2 . Private recreation facilities operated commercially for
profit . .
3 . Motels and hotels .
ilL Section 1003 . Density and Area Requirements .
1. . One - family , two - family and multi - family dwellings : Same as
in R- D zone . . • .
2 . For individual retail or service establishments ( including
banks and offices ) on separate lots : Lot area . shall be at least
5 , 000 square feet with at least 50 feet of frontage .
3 . For two or more retail and ' service establishments ( including
banks and offices ) built .. as a unit on a single lot : Lot area
shall be at least 4 , 000 square feet for each retail establish-
ment with at least 30 feet of street frontage for each retail
establishment .
4 . For all Allowed Uses : Lot' area shall be at least 10 , 000
square feet with at least 75 feet of street frontage .
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5 . No more than 75 % of the gross area of any lot may be occupied
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by any allowed use including the off- street parking , loading and
access ' drives , and outdoor display space required by that use .
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Section 1004 . Yards and Landscaping .
1 . Front Yards : Same as in R - D zones .
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2 . Side and Rear Yards : }
( a ) For dwellings : Same as in R- D zone . `
(b ) For retail establishments : All buildings shall be
at least 10 feet from all side and rear property lines . If
the adjacent property is an existing residence , or located in .
a residential zone , side and rear yard measurements shall be
at least 20 feet .
( c ) For all other allowed uses : All buildings shall be
at least 20 feet from all property lines .
( d ) For garages and similar buildings : All buildings
shall be at least 5 feet from any property line .
3 . Well - defined access drives must be provided to off- street
parking areas and the total width of all such access drives shall
not exceed 40 % of the required minimum lot frontage. . .
4 . All yards shall be kept free of abandoned or inoperable
vehicles , trash , rubbish or junk .
Section 1005 . Other Provisions and Requirements .
1 . Signs ( See. Article XV )
2 . Off - street Parking ( See Article XIV )
ARTICLE XI : DISTRICT REGULATIONS : C - B ZONES
Section 1100 . The intent and purpose of the C - B
Zone and the following regulations is to identify and establish
areas where more intensive retail , wholesale and service com-
mercial uses will be encouraged to locate , thereby restricting -_--I
the random development of these uses in residential areas , where
they would tend to have a debilitating effect on residential ,
property values . .
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)1 Section 1101 . Allowed Uses .
1 . All uses allowed in C - A except as otherwise noted in
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Section 1102'.
2' . Display , sale and repair of farm and garden equipment and
machinery .
3 . Building supplies and printing , heating , welding , plumbing ,
commercial garages and similar shops .
4 . Commercial recreation . facilities .
5 . Wholesale , storage and warehouse facilities .
6 . Automatic car wash facilities . .
7 . Automobile sales . .
Section 1102 . Uses Allowed by Special Permit .
( Subject to applicable provisions
of Article XIII )
1 . One - family , two - family and multi - family dwellings .
Section 1103 . Density and Area Requirements .
1 . For retail business establishments ( See Section 1001 - 3 ) :
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Lot area shall be at least 5 , 000 square feet with at least 50
feet of street frontage for each such establishment locating
on a single lot .
2 . For all other uses : Lot area shall be at least 10 , 000
square feet with at least 75 feet of street frontage .
3 . Notemore than 50 % of the gross area of any lot may be oc -
cupied by buildings- . ' .
Section 1104 . Yards and Landscaping .
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�� 1 . '. Front , Yards : All buildings shall be at least 90 feet from
the road center line .
2 . Side Yards and Rear Yards : All buildings shall be at least .
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15 feet from all property lines . Sf
3 . No parking or. display space shall be less than 10 feet from
road right- of-way . ci
4 . All yards shall be kept free of abandoned or inoperable
vehicles , trash , rubbish or junk . .
Section 1105 . Other Provisions and Requirements .
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1 . Signs . ( See Article XV ) . .
2 . Off - Street Parking ( See Article XIV ) . .
ARTICLE XII : DISTRICT REGULATIONS : M-A ZONES
Section 1200 . The intent and purpose of the M-A
Zone and the following regulations is to identify and establish
specific areas where industrial and manufacturing development -
meeting minimum performance standards will be encouraged , and
to protect the value and efficiency of such areas by excluding !
from them , as far as possible , non- compatible land uses .
Section 1201 . Allowed Uses .
I . Farming , gardening , nurseries and greenhouses .
2 . Manufacturing of machinery and machine parts . .
3 . Fabrication of metal , paper , wood or synthetic products such
as , but not limited to , furniture , toys , electric equipment , '
boxes knd packing materials , office equipment and supplies , boats
and similar products .
4 . Food and associated industries such as bakeries , bottling
plants , food processing , and similar processing or manufacturing
activities .
5 . Wholesale , bulk storage and warehouse facilities .
6 . Building supplies and printing , heating , welding , plumbing ,
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repair garages and similar shops. .
7 . Administrative office buildings , laboratories and instal -
lations for research and development , .
8 . Any other industrial and manufacturing establishments which
comply with the performance standards of Section 1206 - 2 .
Section 1202 . Uses Allowed by Special Permit. . ;
( Subject to applicable provisions
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of Article XIII")
1 . Planned Developments ( See Definitions ) .
Section 1203 . . Prohibited Uses . All uses not
expressly allowed in Section 1201 and Section 1202 , including
mobile homes and other independent dwellings ( except farm
dwellings ) shall be prohibited .
Section 1204 .. Density and Area Requirements .
1 . For all uses : Lot area shall be at least one acre with at
least 150 feet of street frontage . '
Section 1205 : Yards and Landscaping .
1 . Front Yards : All buildings shall be at least . 90 feet from.
the center line of any public road or street .
2 . Side and Rear Yards : All buildings shall be at least 15
feet from all side and rear property . lines , except property
lines abutting railroad rights - of - way .
3 . An industrial use locating adjacent to a ' residentiai zone
shall be separated from said residential zone by a landscaped
buffer strip that is densely planted and at least 8 feet high
_ _ . at maturity .
4 . All yards shall be kept free of abandoned or inoperable
vehicles , trash , rubbish , or junk . .
18 .
Section 1206 . Other Provisions arid Requirements .
1 . . Signs ( See Article XV )
2 . Industrial Performance Standards : No Building Permit for in-
distrial or manufacturing uses in M- A zones will be issued until
the Zoning Enforcement Officer has been provided with a des -
cription of the proposed industrial process . If it appears that
the proposed use will not produce conditions which are noxious ,
offensive or hazardous to the health , safety or general welfare
of the community , a Building Permit may be issued . Special at -
tention will be given to the disposal or storage of any wastes
or naterials that could cause or contribute to pollution of any
kind .
If the performance characteristics are doubtful , the . Zoning .
Enforcement Officer shall require a determination that :
( a ) Liquid wastes and effluent shall be treated and dis -
charged in a manner approved in writing by the County Board
of Health . .
( b ) Disseminated smoke shall not exceed 3 on the Ringle - .
mann Chart . •
('c ) Protection against fire hazards , explosion and proper. .
handling and ; . storage of combustible material shall be approved
by the appropriate town fire official . .
( d ) No odors , noises , vibration or glare will be evident
at a point more than 150 feet from the source of said odor ; noise ,
vibration or - light .
3 . Off- Street Parking ( See Article XIV ) .
ARTICLE XIII : SPECIAL PERMITS.
Section 1300 . General Requirements : Uses by Special . -
19 .
Permit , where provided , shall / be subject to the requirements of
this section in addition to the requirements of the zoning dis -
trict wherein located , to prevent conflict with or impairment
of the principal uses thereof . Such uses shall be deemed to •
possess characteristics of such unique form to the district
that each shall be considered as an individual case . The Town
Board reserves to itself the right to consider and decide
whether a Special Permit shall be issued in each individual case .
Section 1301 . Existing Uses . Uses existing at
• the time of adoption of this Ordinance and falling within the .
4
category of " Uses Allowed by Special Permit " may continue in-
definitely , except as otherwise noted in this Article , but shall
not be enlarged or expanded until a Special Permit has been
issued . ( see Section 1701 ) . In such cases where enlargement
or expansion is proposed , a Special Permit , will be issued only
if the supplemental regulations and conditions of this Article
have been complied with or a variance has been granted by the
Zoning Board . of Appeals .
Section 1302 . Public Hearing . Before acting on
any request for a Special Permit the Town Board shall hold a
public hearing in accordance with the requirements of Section
1902 of this Ordinance .
Section 1303 . Specific Requirements . .
1 . Written application shall be made via the Zoning Enforcement
Officer to the Town Board and shall include the following :
- ( a ) Name of Applicant and owner of the premises .
• ( b ) Legally recorded description of premises .
( c ) Description of proposed use , including parking .
facilities if required .
20 .
•
( d ) . A legible sketch drawn to an approximate scale show- .
. ing size of building or structure and location on - premises . .
( e ) Sewage disposal and water supply facilities existent .
• or ' proposed , together with Tompkins County Health Department
certification . •
,
( f ) Use of premises on adjacent - properties .
( g ) A statement by applicant appraising the effect of pro-
posed use on adjacent properties and development of the neighbor-
hood . •
,
2 . In reaching a determination , the Town Board shall consider-
the following : ' • •
( a ) Whether Section 1303 . 1 requirements have been met .
( b ) Whether the location , the use , and the nature and In-
tensity of operation will be in conflict with the allowed uses
. of - the zone or neighborhood . •
( c ) Whether the . use will be more objectionable or de -
preciating to adjacent and nearby properties ( by reason of •
traffic , - noise , vibration , dust , fumes , smoke , odor , fire,
hazard , glare , flashing lights or disposal of waste or sewage )
than the operation of the allowed uses of the zone '.
. ( d ) Whether the use will discourage or hinder the appro -
priate development and use of adjacent properties or neighbor - . •
•
hood .
- ( e) Whether a non- residential use adjacent to, an existing .
- residential use shall be screened by a ' landscaped buffer strip .
or suitable / fencing .
Cl' ) Whether health , safety and general welfare of the con-
munity may be adversely affected . •
•
21 .
1
Section 1304 . Dwellings in C - B Zones : Additional
Specific Requirements .
Dwellings in C - B zones may be permitted when the lot area front -
age and yard space are at least equal to that required in R-D
zones .
ARTICLE XIV : OFF STREET PARKING
Section 1400 . Off - Street parking space shall be
provided as specified in this Article and shall be paved .( see
Definitions : paving ) drained , maintained and provided with
necessary access driveways . All such parking spaces shall be
considered to be required space on the lot on which they are
located , unless otherwise stated , and shall not therefore be
1
1
encroached upon in any manner .
Section 1401 . All uses allowed by this Ordinance ,
" as well as use variances and permits , shall include at least
the amount of off- street parking space specified in the follow-
ing schedule : .
1 . For each dwelling unit - one space , except for dwelling
units occupied by more than three unrelated persons where one
space per person shall be required .
2 . For each tourist room = one) space per tourist room .
3 . For a church - one space for each 4 persons to be seated .
4 . For an educational building - one space for each employee
and one space for each 10 students .
..� �, , 5 . For a community center or other civic or semi - public struc -
ture one space for each 200 square feet of gross floor space
plus one space for each employee .
22 .
• - •
6 . For public or private parks or playgrounds ample space to
•
I ,
accommodate the parking requirements of the expected use . I .
7 . For commercial recreation facilities - one space for each 200
square feet of space enclosed for indoor facilities plus one
space for each 5 , 000 square feet , or major fraction thereof ,
up to 10 spaces , and thereafter , one space for every 20 , 000
square feet , or major fraction thereof , of outdoor facilities .
8 . For a restaurant , club , lodge or similar use - one space
for every 75 square feet of gross . floor area . .
9 . For any retail commercial use - 2 square feet of parking space
for each square foot of gross floor area .
10 . Professional office , studio or bank. - one space for each
7 -
100 square feet of gross floor area plus one space for each
employee . •
11 . For research offices and laboratories - one space for each •
200 square feet of gross floor area or one space. for each two
employees working on the largest shift , whichever is greater .
12 . Home occupation - in addition to the dwelling unit require -
ment , ample space to accommodate parking requirements of the
expected use . •
13 . For a hospital , clinic , nursing home , - hotel , motel or
similar use - one space for each two bed space plus one space
•
for each ' employee .
14 . For all - machinery display and repair uses - one space for
each employee plus one space for each 5 , 000 square feet ,- or
major fraction thereof , of gross lot area .
15 . • For a manufacturing , assembly or other industrial . use • - one
space for each 2 employees .
23 .
s
16 . For lumber , building materials and other similar storage
yards - one space for each employee plus one space for each
5 , 000 square feet or major fraction thereof of gross storage area .
17 . _ For wholesale , storage and warehouse facilities - one space
for each two employees .
18 . For all service uses such as printing , welding , plumbing
and similar shops - one space for each employee or one space
for , each 500 square feet of floor area devoted to such use ,
whichever is greater .
ARTICLE XV : SIGNS
Section 1500 . The intent and purpose of this
Article is to establish specifications for signs in all zones
in the Town of Dryden which will permit proper identification ,
preserve and enhance the visual character of the area , and pre -
vent installations which are distracting and hazardous to
vehicular or pedestrian traffic .
Section 1501 . In general , and unless otherwise
specified in this Article , no portion of any sign shall be
.
located closer than 15 feet to any road right - of-way line . All
identification signs shall be located on the premises .
Section 1502 . All uses allowed by this Ordinance ,
including use - variances and permits , may incorporate signs if
such signs are in accordance with the following specifications :
1 . Signs required by law , as required .
2 . Official signs required by a governmental agency or utility
% company ; maximum size 32 square feet .
3 . Roadside farm stands advertising the sale of farm products :
24 .
not more than three signs , 16 square feet each .
4 . Camps , clubs , outdoor recreation facilities , schools ,
churches ; not more than two signs , maximum size 24 square feet
each .
I
5 . Residential signs: .
( a ) One sign , maximum - size 1 square foot for eachdwell-
ingunit . .
( b ) One sign , maximum size 10 square feet for a multiple
dwelling and tourist home in addition to * ( a ) .
( c ) One sign , maximum size 1 square foot for each home
occupation in addition to. ( a ) .
6 . Commercial and industrial signs : . The number of signs and
the size of each sign shall not exceed the listing shown in
Table I .for each respective use category . Signs may be free -�
standing or placed on the exterior surface of the building .
7 . Signs advertising the sale , • lease or rental of the premises
upon which the sign is located : one sign , 10 square feet .
8 . Signs denoting the architect , engineer , or contractor placed
on premises where construction , repair , or renovation is in
'progress :. one sign maximum size 32 square feet .
9 . Temporary sign for advertising the sale or rental of services
or goods : one : sign , . 4 square feet .
10 . Billboards : Billboards shall be allowed , only by permit
( see Article XIII ) and in no case shall exceed 160 square feet
in area or be located closer than 30 feet from any road right -
� Wr
of-way line . When approving such billboards the Town Board
shall take into consideration the size , construction and design ;
location and effect on surrounding property; safety of vehicular
' 25 .
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traffic ; and maintenance provisions , including provision for
removal . of . , an abandoned sign . •
. Section 1503 . Any illuminated signor lighting
device shall . employ only lights emitting a light of constant in -
tensity , and no sign shall be illuminated by or contain flash-
ing , intermittent , rotating , or moving light lot lights . In no
• event shall an illuminated sign or lighting device be so placed
or directed so as to permit the beams and illumination there -
from to be directed or beamed upon a public street , highway ,
sidewalk or adjacent premises so as to cause glare or reflec -
tion that may constitute a traffic - hazard - or nuisance .
Section . 1504 . Advertising letters or symbols on
, opposite sides . of a material or structure less than one foot
thick shall be considered only one .sign . .
• Section 1505 . If a sign consists of independent ,,
detached letters or symbols the area of said sign shall be de - '
termined by measuring the area within a polygon enclosing all
of such letters or symbols as they are intended to be installed .
• Section 1506 . No .free standing sign shall exceed
15 feet in height , - including support . I .
. Section ' 1507 . Sighs allowed on -buildings shall be
placed . on the exterior wall of the building ; no portion • of a
sign or its support ' shall extend above the fascia ,of , thee roof
edge , nor be mounted on the roof or . above _ the roof .
ARTICLE XVI : SPECIAL - REGULATIONS
•
- Section 1600 . Certain zone regulations of this
A
Ordinance shall be modified , augmented , or replaced as required
•
. . ;
•
•
•
27 .
•
by the applicable provisions of this . Article .
. ' Section 1601 . . Lots of Record . Any parcel Of land
with - an • area or width less than prescribed for a lot in the
' district in which such lot is situated may be used as a lot
for any purpose permitted in the district , if any such . parcel
was under one ownership of record or -
p part of an approved . Sub -
division on the effective date of this ordinance except in the
0
case of an approved subdivision , provided that there shall be
compliance with all other regulations prescribed for ' the die -
. .
trict by this Ordinance .
Section 1602 . Obstruction to Vision . On any . •
corner lot no hedge , fence , planting , wall or structure shall .
; � '
• be permitted nearer . than 15 feet from . either road rightrof-way
line when this results in an obstruction to the vision • oft passing
motorists . •
Section 1603 . One Lot in Two Zones . When a lot -
is divided by. a zone boundary the regulations and requirements
of the least restrictive zone may be extended for a distance of
100 feet into the more restrictive zone . • - .
Section 1604 . Airport Hazard Area . . Other pro -.
visions of this Ordinance to the contrary notwithstanding , no ,
lot shall be less than 40 , 000 square feet in area. , and no multi -
family dwellings , hospitals , nursing homes , or places of public
assembly, shall be allowed in the area designated as " Airport
Hazard Area " on the Zoning Map . In addition , before . a Building
•
Permit is issued for any construction in said Airport Hazard
Area thesZoning Enforcement Officer • shall inform the applicant -
in writing of the noise and hazard conditions which are possible •
• 28 .
in the flight path of the Tompkins County Airport . ' .
. Section 1604 . Abandoned Cellar Holes and Buildings .
Within _ one year after work on any excavation for a building has
begun , any excavation for a building must be covered over or
refilled by the owner to normal grade . Any building substan
. tially damaged or destroyed by any cause shall be totally re -
built or demolished within a year except as provided by Section
1704 . Any excavation or cellar hole remaining after demolition
or destruction of a building from any cause shall be covered
over or filled by the owner within one ' year .
ARTICLE XVII : NONCONFORMING USES
Section 1700 . Continuance . , Except as otherwise
provided in this Article , the lawful use of any buildings or . }i
. .
land existing at the date of adoption of this Ordinance may ,Ail
be continued even though such use does not conform to the pro -
visions for the district in which such land is located . The
right to continue a nonconforming use , subject to the pro-
visions of this Article , remains with the land when title is
transferred . .
Section 1701 . Extension or Enlargement . A non-
. conforming building or use may not be extended or enlarged to
other structures or land not 'already devoted to such use except
by means of a variance granted by the Zoning Board of Appeals .
No variance allowing the construction or enlargement of a non- '
conforming use or structure shall be granted by the Zoning Board
of Appeals unless the regulations - of this Ordinance , other than
•
allowed uses ( i . e . , density , yards , parking , etc . ) for the dis -
trict in which said nonconforming use is located , can be sub -
I ; 1 , h
•
29 .
stantially complied with . -
- Section 17.02 . Changes . A ' nonconforming use may
be changed to another similar or more restrictive nonconforming
u se with the Zoning Board of Appeals . approval . y When so changed
to a more restrictive nonconforming use it shall not subsea '
quently be , changed back . to a less restrictive nonconforming
u se . No nonconforming use shall , if once changed to a conform-
ing use , , be changed back to a nonconforming use .
(
Section 1703 . Discontinuance . Whenever a noncon-
forming use has been discontinued for a period . of 12 consecutive
months ( from a beginning date to be determined by the Zoning
Enforcement Officer ) , such nonconforming building or use shall •
not be re - established , except by a variance granted by the
Zoning Board of Appeals , and any subsequent use of such build-
' ing or land shall be in conformity with the provisions of this
Ordinance for the district in which such building or land is
located. .
Section 1704 . Repair and Restoration . Only on a
permit issued by the Zoning Board of Appeals shall a . building
u sed to house a nonconforming use be restored if damaged or
destroyed to the extent of 50 % or more of its total floor area
by fire , flood , earthquake , • or Act. of God . Restoration shall
• be commenced within six months after damage or destruction but
•
, this time limit may be extended by. such Board in case. of .
practical . difficulty or hardship .
4ARTICLE XVIII : ADMINISTRATION
Section 1800 . Enforcement . . This Ordinance . shall
• be enforced by a person designated by the Town Board who shall
•
30
•
not , except by written instruction from the Town Board or Zon-
ing Board of Appeals , issue any Building ' Permit or Certificate
-
of ' Occupancy for ' any building or land use which is not in con-
formance with the provisions - of this Ordinance . -
Section 1801 , Building Permits . No building in
any district shall , be begun or extended without a Building Per -
mit issued by the Zoning Enforcement Officer . No mobile home ,
. ;
replacement mobile home , ' or extension shall be placed on an
individual lot without a Building Permit . Every application
for a Building Permit shall state in writing on a form supplied
by the Town Clerk ' the intended use of the building or mobile .
home and shall be accompanied by a sketch drawing showing the
plot shape and dimensions and indicating the size , shape and
• location . of said building . Said Building Permit shall expire •
12 months from the date of issuance , unless there - has been sub -
stantial progress in the - work for which the Building Permit was
issued . •
Section ,1802 . Certificate of Occupancy. . Each
property owner shall be responsible for compliance with all
terms of this Ordinance affecting his property . Upon applica -
tion the Zoning Enforcement Officer shall issue a Certificate
• of Occupancy when he is satisfied that the proposed use complies
with this Ordinance and that buildings have been erected and • .
the site developed in accordance with submitted plans . No
• property shall be occupied or used until said Certificate of
Occupancy has been issued .
Section 1803 . Health Department Requirements . No
Building Permit or Certificate , of Occupancy issued under the
•
31 .
. 1
terms of this Article shall become or remain valid unless the .
holder thereof complies with the rules and regulations of the
Tompkins County Health Department Sanitary Code dealing with
the development of individual water supplies and sewage dis -
posal systems .
Section 1804 . Violations and Penalties . A vio-
lation of this Ordinance is an offense punishable by a fine not
exceeding $ 50 . 00 or by imprisonment for a period not exceeding
60 days , or both . Each week ' s continued breach shall constitute
a separate , additional violation . In addition , the Town
Board shall have such *other remedies as are provided by law to
enforce the provisions of this Ordinance .
ARTICLE XIX : APPEALS
Section 1900 . Zoning Board of Appeals .
1 . Creation , Appointment and Organization . There shall be a
Board of Appeals consisting of 5 members appointed by the Town
Board . The Town Board shall designate one of its members as
chairman . The terms of office , filling of vacancies and re -
moval of members shall be determined in strict accordance with
the provisions of the Town Law applicable thereto . Such Board
of Appeals shall , consistent with Town Law , determine the rules
for the conduct of its affairs .
2 . Powers and Duties . The Zoning Board of Appeals shall have
all the power and duties prescribed by law and by this Ordinance .
Section 190.1 . Grievances and Variances . Any per-
son aggrieved by any decision or determination of the Zoning
' Enforcement Officer may appeal to the Zoning Board of Appeals .
The Board shall hear and decide all matters referred to it or
•
•
•
32 .
, upon which it is required to pass , in accordance with the pro -
visions of this Ordinance . The Board shall have the authority
to grant variances from , and to modify , any of the provisions
•
and regulations of this Ordinance . ' In considering an , appeal
the Board shall ' be guided by the circumstances of the situation
and the intent of the applicant , and shall act so as to protect
the best interests of the . community .
Section 1902 . Procedure . All Special Permit ap -
plications to the Town Board and all appeals to the Zoning board •
of Appeals shall be made in writing . and shall be submitted to '
the Zoning Enforcement Officer who shall refer them to the ap -
propriate Board . The Board shall ' hold , and give notice of , a
public hearing on• any such matter by publishing in the official •
Town newspapers at least five. days prior to the date of said 5
.
. • hearing . Any rescheduled hearing shall require due notice just
as the initial hearing . At least five days prior to ' a public
hearing for an appeal the Board shall mail notices thereof to
the parties involved , . and to the regional state park commission
having jurisdiction over any state parks or parkways within 500
feet of the property affected by such appeal . . . .
The Board shall act on any appeal within 60 days after the
final hearing . Every . decision shall be by resolution + and shall
contain a full record of the findings of the Board in the particusH
•
•
lar case . •
/ .
The appellant shall , at the time of filing his appeal , pay
, to the Zoning Enforcement Officer a ' fee • of $ 10 . 00 .
ARTICLE XX : AMENDMENTS
• .
Section 2000 . The Town Board may , from . time to time ,
•
• I '
`1 l
I ll`
� , I
F : I H �� M1 �11 I $ a lid
330
on its own motion , or on petition , or on recommendation of the
Planning Board or the Zoning Board of Appeals , amend , supplement ,
change , modify or repeal this Ordinance in accordance with the
applicable provisions of law . .
Section 2001 . In approving subdivision plats
which require Modifications in the zoning regulations , the
Planning ' Board may make such zoning changes for the subdivision
. under consideration only after these have been disclosed at
the public hearing required by the Land Subdivision Rules and
Regulations for the Town . Changes made pursuant to this Section
are at the discretion of the Planning Board and must be made in
accordance with the provisions of Section . 281 of Article 16 of
Town Law . •
ARTICLE XXI : MISCELLANEOUS
Section 2100 . Interpretation . The provisions of '
this Ordinance shall be held to be minimum requirements neces -
sary to accomplish the purpose of the Ordinance and shall be
interpreted and applied as such . When requirements of this
Ordinance conflict with the requirements of other lawfully
developed rules , regulations or ordinances , the most restrictive
or that imposing higher standards shall take precedence .
Section 2101 . Validity . The invalidity of any
section or provision of this Ordinance shall not invalidate any
other section or provision thereof .
Section 2102 . Repealer . The Ordinance entitled
Licensing and Regulating Second Hand or Used Materials , Junk and
Auto Parts Activities and Businesses , adopted un June 3 , 1960
together with all changes and amendments thereto , is hereby re-
34
pealed and declared to be of no - effect . '
Section 2103 . Effective Date . This Ordinance
shall be in force and effect immediately upon adoption and
publication , as provided by law.
•
•
r
I,
lk . APPENDIX A
Definitions . Certain words and terms used in
this - Ordinance are defined as follows : .
ABANDON '. To give up with the intent of never again ' claiming
one ' s right or interests in ; to give over or surrender com-
pletely ,. •
APPEAL . Any request submitted to the Zoning Board of Appeals
for interpretation of this Ordinance , for decision on alleged
grievances resulting from enforcement of this Ordinance , for
a variance or for a Permit .
BILLBOARD . See SIGN - OUTDOOR ADVERTISING BILLBOARD .
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 . ,
BUFFER STRIP . Row of densely planted shrubs and trees at least
5 feet deep with low branches intended to reduce noise and .
screen out objectionable views . .
BUILDING . Any structure where space is coveredior enclosed .
BUILDING - PRINCIPAL . A building or buildings within which is
conducted the primary use of the lot on which said building is
located .
BUILDING - ACCESSORY . A subordinate building , the use of which
is customarily incidental to that of the principal building ,
and located on the same lot as the principal. building .
1,- ;cv N
BUILDING HEIGHT . The vertical distance from finished grade to
the highest point of a flat roof or- the midpoint of a pitched
-
• i -
roof . On a hillside lot finished grade should be considered .
as the average finished grade on the uphill side of a structure .
BUILDING : LINE . The line formed by the intersection of a
vertical plane that coincides with the exterior surface of a
building on any side and the ground . In the case of a canti -
levered building the vertical plane shall coincide with the
most projected surface .
CABIN OR COTTAGES . A building designed for seasonal occupance
and , not suitable for year- round living .
CLUB . Any premises or building catering exclusively to members
• of an organization and their guests , not operated for profit
and containing no merchandising or commercial activities except
as required for the membership and purposes of such club . -
DWELLING: Any building , or part thereof , which is designed ' t
and used for year - round human habitation , or intended to be so
used , and including any appurtanances thereto .
DWELLING UNIT . One or more rooms located within a dwelling and
providing complete living accommodations for the use . or occupa-
tion by one family , including cooking and bathroom facilities
and an independent entrance .
DWELLING UNIT - - ONE-FAMILY . A detached dwelling containing
one dwelling unit only for the use and occupation by no more
than one family . .
DWELLING UNIT - TWO -FAMILY . A detached dwelling containing no
• more than two dwelling units for the use and occupation by no
more than two families .
DWELLING UNIT - . MULTI -FAMILY . One or more dwellings on a single , . '- '2
lot containing separate dwelling units for the use and occupation
•
- - ii -
i ,
,
by three or more families . •
DWELLING UNIT - FARM : . A detached dwelling containing one or
more dwelling units and forming an integral part of a farm
operation .
FAMILY . An individual , or two or more persons related by
blood , marriage or adoption , occupying a dwelling unit and living
as a single household . For purposes of this Ordinance a family
may also consist of not more than three unrelated individuals
occupying one dwelling unit . The two definitions can not be
combined . .
FARM . Any parcel of land , 5 acres or larger in size , used
primarily for the raising of agricultural products , livestock ,
poultry or dairy and nursery , greenhouses , or forest products ,
r
and including buildings and appurtenances necessary ' thereto .
FRONTAGE . The distance between side lot lines measured at
% _ the street right - of-way line , or on dead - end streets , measured
at the front yard set - back line .
GARAGE - COMMERCIAL . An enclosed building used as a business
for the indoor storage or repair of motor vehicles including
painting and the sale of parts and accessories . A junk yard
or auto salvage yard is not to be construed as a garage .
GARAGE - PRIVATE . A carport or enclosed building for use by .
the inhabitants of a dwelling for private storage .
GASOLINE STATION . A4 building servicing motor vehicles and
supplying fuel , lubrication , supplies and accessories but not
including painting or body repair .
opHOTEL . A building used primarily to provide sleeping accom-
� modations for the transient public in which more than six
- iii -
•
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•
rooms are available for hire .
HOME OCCUPATION . A subordinate use of a commercial Or service
nature located on a lot whose primary use is residential and
which is not detrimental to the residential character of said
lot and the , surrounding neighborhood . Home occupations shall
be such thngs . as hairdressing , tailoring , teaching , carpentry ,
electrical and plumbing work and similar activities , and pro -
fessional offices such as doctors , ' lawyers. , architects and
licensed real estate brokers . .
JUNK YARD . A lot or building , . or part thereof , used for the
collecting , storage . or ` sale of scrap metal , discarded appliances
or similar discarded material ; or for the collecting , . disman-
tling , storage , and salvaging of . machinery or vehicles not.
licensed and in running condition or. for the sale or ' storage .-\\•r•
of parts thereof . An ' auto salvage yard .
• LOT AREA . An area of land the - size of which . is ‘ determined by
_1
the limits of the lot lines bounding said area and is usually
expressed in terms . of square feet or acres . .
LOT COVERAGE . That portion of the lot area within the build -
ing lines of the principal buildings .
MOBILE HOME . " . A vehicle standing on wheels or on . a rigid
support and used and suitable for occupancy and containing the -
same water supply , waste disposal and electrical system as re
• quired for immobile dwelling units . A trailer .
- MOBILE HOME PARK . A parcel of - land under single ownership , '
which is improved for the placement of mobile homes for non- .
transient use and which is offered to the public for the place -
.
ment of two or more mobile homes . .
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1
MOTEL . A building or group of buildings containing individual
fl\ sleeping units each with direct out - of - door access and designed
primarily to serve automobile travelers .
N ONCONFORMING USE . A building or use of land existing on the
d ate of enactment of this Ordinance which does not comply
w ith the allowed use regulations of the zone inkwhich said
building or use is located .
PARKING SPACE . An off- street , space available for parking one
automobile and which is an area at least ) feet wide and 20
feet long , not including maneuvering . area and access drives . •
PAVING . A smooth , hard , dense surface which is durable and
well - drained under normal use and weather conditions . .
PLANNED DEVELOPMENT . An area of land in one ownership , de -
signed for and built or to be built upon one parcel , providing
a street system and water and sewer facilities and used for .
✓ esidential or commercial or industrial purposes or some com-
bination thereof .
PUBLIC SEWER AND WATER FACILITIES . Any sewage disposal system
or water system which is operated by a municipality ; a private
water company which hasteen approved by the Water Resources
Commission of the State of New York and by the Tompkins County
Health Department and by any other necessary governmental agency ;
and a package . sewerage plant for commercial industrial and/or
manufacturing buildings which has been approved by the Tompkins
County Health Department and any other necessary governmental
. agency .
` SET - BACK LINE . See YARDS . .
• -v -
SIGN . Any device , object or building facade used for the
✓ isual communication pr advertisement of a place , building , .
•
product , service , or name . • .
SIG.Ni - OUTDOOR ADVERTISING BILLBOARD . Any device , object or
building facade situated on private premises and used for
advertising . goods , • services • or places :other' than those direct -
ly related to the premises on which said sign is located .
STRUCTURE . . Anything constructed or erected with a fixed
location on the . ground or attached to something having a .
fixed location on the ground . Structures include buildings ,
walls , fences , radio towers , swimming pools , billboards ,
poster panels and signs .
TOURIST HOME . A dwelling. , or that part of any dwelling, in which
overnight accommodations are offered to transient guests for I
pay but where such use is secondary ' to the permanent occupancy A
of the dwelling by a family . . Tourist homes should . be consider-
. ed as one- family dwelling units if less than 4 guest rooms are
o ffered and as a rooming house if four or more guest rooms are .
\ .
offered .
USE . The . specific purpose for which land or a building is
used or designed and intended to be used and maintained . .
VARIANCE . Written ' authority to deviate from any yPof the regu -
r
lations of this Ordinance , - said authority to be granted by the
Town Zoning Board of Appeals in accordance with the provisions
o f thisOrdinance . .
YARD . A yard . is an open space other than a court on a lot , un-
im
occupied and unobstructed from the ground upwards , except as r
`✓ t
otherwise permitted . ( See illustration for location of front , r
side and rear yards . ) . •
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It N •
•
i i i t
N
•
•
- YARD . ( continued )
•
•
•
•
. ' 3 1 Side Yard Areal ti
43 w a I d
o
I 10
b
. 0 Building Area
43• 0 ac 0 / a
04 Side Yard Area
•
:I .TT .
•
•
•
1
•
•
•
•
Nee
•
•
•
; 111111111111
I�:
li1 1 '
I.i� ( � is 7 .!
77 i�
259
Supervisor Lee reported that the7bwn had received another bill from the
City of Ithaca for a break in the line in Water District # 1 . He reported
that this was the third break since Construction and he had written a letter
to Pat Hannan asking if there was any similarity in the breaks and if it
could be faulty pipe . Mr . Hannan had written back saying there was not a
similarity in the breaks and the pipe seemed to be alright .
Supervisor Lee asked the Town Board if they had any corrections or
additions to the June Board Meeting Minutes as sent out .
RESOLUTION # 79 JUNE BOARD MINUTES
Councilman Cotterill offered the following resolution and asked its adoption ..
RESOLVED that the June Board Meeting Minutes be approved .
2nd Councilman Gridley . Carried
STANDING COMMITTEES :
Councilman Gridley reported that on the polisher a part needs to be re -
alplaced . He had checked at Century where the polisher had been purchased
and they will not take it back . Supervisor Lee suggested that perhaps
it could be turned in for a heavier one . Councilman Gridley will look
into this possibility .
Highway - Councilman Gridley reported he had talked with Highway
Superintendent Case about a new building . He stated that Superintendent
Case would like to talk with the Town Board , and it was suggested that
perhaps he could come to the next Zoning Meeting and talk with them .
Attorney Amdur - Nothing to say .
Town Clerk - Clerk Luss reported that she was on Summer Hours and had
been since July 1 , 1969 . The Office is open Monday - Friday from 9 A . M .
to 1 P . M . and Saturday Mornings from 9 A . M . - 12 Noon .
Supervisor Lee reported he had received a call from Phil Skeps of Dryden
Central School who would like the Town to appeal the equalization rate .
This will be turned over to Assessor Wells when he returns from vacation .
Supervisor Lee reported he had received some calls complimenting the Highway
Department on there work so far this year . They are now putting down
stone and oil and much has been accomplished this far .
Supervisor Lee reported that Highway Superintendent Case was working with
Mnorx Corporation on traffic in their development on Snyder Hill Road .
Supervisor Lee reported he had received a letter from Mr . & Mrs . Donald
Phillips strongly urging the prompt passage of the proposed Zoning Ordinance .
Supervisor Lee reported he had received a copy of a letter to Mr . Graves
from Harold Henning regarding the Community College . Mr . Henning talks
about the dollar figure for acreage , economy , number of students , zoning
and sites and was urging the Tompkins County Board of Supervisors to
do something now . Letter on file .
Supervisor Lee read a . . letter to Mr . Euvrard from Attorney Amdur telling him
that one of his trailers was placed on the State right - of - way and should
be moved . Mr . Euvrard answered and asked where the highway line is , and
told the Board that he would be moving all his trailers back that are close
to the road as soon as the sewer lines are laid .
• Supervisor Lee reported he had received a letter from Dr . Broad regarding
Collins _ Dump . He stated that the dump created a nuisance by way of burning
and the Health Department had repeatedly asked Mr . Collins to stop burning
and use adequate cover . He listed the following possibilities .
1 . The County taking over and operating the Dump .
2 . The Town of Dryden again opening and operating their dump .
3 . That the four corporate municipalities to whom Mr . Collins let dump
there supply cover on a daily basis .
4 . Let the operation as it has been to the inconvenience of those people
having to be inconvenienced with smoke .
Supervisor Lee reported that the County is working on refuse sites , and he
is hopeful they have a proposal by January 1970 .
Supervisor Lee received a letter from Mr . John F . Rowe , Jr . of Schwann ' s
Trailer Park regarding the high rate of speed used on the roads within
the park which are a hazard to the children . He would like to see a
260
reasonable speed limit . Supervisor Lee suggested that a letter be written
to the State Transportation Department asking them to reduce the speed
limit and a copy of this letter to go to County Highway Superintendent ,
Howard Stevenson .
RESOLUTION # 80 LETTER TO STATE - RE : SPEED SCHWANN ' S
Councilman Gridley offered the following resolution and asked its adoption .
RESOLVED that this Board authorize Supervisor Lee to write a letter to
the State Transportation Department asking for a reduced speed limit on
the roads in Schwann ' s Trailer Park and a copy to go to County Highway
Superintendent , Howard Stevenson .
2nd Councilman Cotterill Carried
Supervisor Lee reported he had the monthly report from the Town Justice ' s .
Justice Hoagland - 88 Cases - $ 670 . 00
Justice Newhart - 86 Cases - $ 677 . 25
FISCAL REPORT :
General Fund $ 10 , 302 . 25
H ighway Fund 140 , 423 . 13
H ealth Insurance Fund 2 , 182 . 35
Social Security Account 1 , 524 . 97
Sewer District # 1 12 , 225 . 88
Sewer District # 2 2 , 088 . 97
Water District # 1 6 , 865 . 89
Clerk Luss reported that a transfer would have to be made to Health Insurance
as the premium each month had again been raised . Supervisor Lee reported
that the Town would have to apportion the Health Insurance between the
G eneral Fund and the Highway Fund instead of taking it all out of the
G eneral Fund .
Attorney Amdur reported that nothing had changed at this date with the
monies due Carey Insurance for Compensation .
Attorney Amdur reported that she is still working with the MacArthur Trust
Fund .
S upervisor Lee reported that he had contacted John Carpenter , C . P . A . to
see if he would be willing to audit the Town Books once a year . This
had been suggested by the State Auditor and they both felt this would
be a better solution than the Town Board sitting down each year and trying
to do the audit .
Supervisor Lee reported that he had not heard anything from the State
L iquor Authority on Dog - ago - go .
Supervisor Lee reported that the Town had received a bill from Tom Miller ,
E ngineer on Sewer District # 2 . Bill being held until bonds are sold .
Supervisor Lee further reported that Mr . Miller was to file with the State
for Aid since the job was now 25 % complete .
Councilman Cotterill asked Supervisor Lee and the Board why the Town was
not collecting School Taxes . Supervisor Lee reported that when the Town
became a Town of the first class a vote of the Board was to wait a year
and since that time it has been a yearly decision , and if Councilman
Cotterill wanted him to he would call Mr . Demning , District Principle and
talk with him about it . Supervisor Lee further reported that he was sure
the only renumeration the Town received for this was the penalty monies .
NEW BUSINESS - NONE
COUNTY BRIEFING : - '
Supervisor Lee reported that the Tompkins Cortland Community College was
still locked dead center . The Cortland Board of Supervisors had re -
affirmed Site # 1 in Dryden . Tompkins County Board of Supervisors split
7 - 7 . Reason acreage and price . Supervisor Lee and other Supervisors favor -
ing the Dryden Site # 1 felt they should get the property now to make sure
of ample space later on , to buy in ten years or so would jump the cost of
land at least three times .
Supervisor Lee repotted that the Health Committee had been to Albany re -
garding a new hospital and that 700 million dollars had been funded by
the State for Hospitals . The County has an application in for a grant .
If we . are to have up - dated delivery of medical services we need new
facilities .
The County Board has refiled an application for Bell Station . He further
261 .
✓ eported that Bell Station would not be doing half as much damage as some
o ther sources already polluting the Lake .
Sales Tax - $upervisor Lee reported that an agreement had not been reached
w ith the City of Ithaca as yet , and that the Board of Supervisors were un -
happy as the City was already receiving more money to help them out and
the County had assumed more services . The sales tax is to reduce property
taxes - it is a substitute not a supplement . He further reported that if
n eed be the County would recind the sales tax resolution .
RESOLUTION # 81 HIGHWAY BILLS
Councilman Gridley offered the following resolution and asked its adoption .
RESOLVED that the Highway Bills be paid as audited .
2nd Councilman Cotterill Roll call vote - all voting YES
RESOLUTION # 82 GENERAL BILLS
• Councilman Gridley offered the following resolution and asked its adoption .
RESOLVED that the General Bills be paid as audited .
2nd Councilman Cotterill Roll call vote - all voting YES
Clerk Luss asked the Town Board if she could pay the Recreation Committee
working at the High School for the Summer Program every two weeks and
have their vouchers audited at the following Board Meeting .
RESOLUTION # 83 PAYROLL RECREATION
Supervisor Lee offered the following resolution and asked its adoption .
RESOLVED that the Clerk be authorized to process payroll every two weeks
for the summer program . Vouchers will be audited at the following monthly
Board Meeting .
2nd Councilman Gridley Carried
Board Meeting adjourned - 8 : 45 P . M .
Gary A . Lee - Supervisor
Marlene Luss - Town Clerk