HomeMy WebLinkAbout1995-09-11 47 .1
TOWN OF DANBY
PUBLIC HEARING
SEPTEMBER 11 , 1995
7 : 30 P. M.
LOCAL LAW NO. 1 OF 1995
ZONING ORDINANCE REVISIONS
PRESENT :
Supervisor Mary Oltz
. Councilpersons : Roger Hile, Rosa Lee Johnson, Joseph. Schwartz, Howard Steiner
Others Present:
Carol W. Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public:
Roy Casterline, Rick Dobson, J. Martin Kelly, Mark Malkin, V .R. Little, Virginia Dean, Ed
Inman, Eloise Greene, Ken Horst, Clint Perkins, Edw. M. Roberts, Nancy Weitzel, Robert Roe,
Mary Lou Hardesty, Ronda Engman, Joel Gagnon, Valerie Shepardson, John C . Shepardson,
Sr. , Gary Bennett, Ralph Wilbur, Don Barnes, John D. Benjamin, Carol Benjamin, Elizabeth
Roe, F.O.Chase, Ginny Bennett, Barry Craddock, Rick Hardesty, Jonathan Blum, Robert Chase,
and others
Supervisor Oltz declared the public hearing open at 7 : 30 P. M. and the Town Clerk read the
following Public Hearing Notice :
"NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board of the
Town of Danby at the Town Hall, 1830 Danby Road, Ithaca, New York, 14850, on the 11th day
of September 1995 at 7 : 30 P.M. to consider the proposed Local Law No . 1 of 1995 , A Local
Law amending the Zoning Ordinance for the Town of Danby regarding the number of residential
buildings on a lot, extraction or deposit of fill, various revisions which permit agricultural
buildings and uses in all zones, owner occupancy of two-unit dwellings in low density residential
zones, size of accessory apartments in low and medium density residential zones, restrictions on
lighting of signs that identify home occupations, singlewide and doublewide mobile homes,
commercial zone setbacks, buffers, and minor technical changes, public hearing scheduling,
notification procedures, and time frames for decisions, considerations and criteria for special
permits, permit to build, and Board of Zoning Appeals procedures and variance criteria .
Copies of the proposed Local Law and a summary of the proposed amendments are available
at the Town Clerk's Office, 1830 Danby Road, Ithaca, New York between the hours of 10 : 00
A. M. and 5 : 00 P.M. Tuesday through Friday, and 9 : 00 A. M. -noon on Saturdays.
Individuals with visual or hearing impairments, or other special needs, will be provided with any
0 legally required appropriate auxiliary aid or services as necessary, upon request. Persons
desiring such assistance must make a request to the Town Clerk not less than 72 hours prior to
the time of the public hearing.
At such time and place all persons interested in the subject matter thereof will be heard
concerning the same.
By Order of the Town Board
Carol W. Sczepanski, Town clerk
Dated : August 1995
Published : August 30, 1995 "
Comments from the Public:
Verna Little - 1758 Danby Road - asked if there are limitations for types of agricultural
operations if ag buildings are allowed on small lots. She would like clarification on the issue
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2 Public hearing
September 11 , 1995
of singlewide trailers .
Mark Malkin - 36 Comfort Road - why trailers are proposed to be grandfathered when they
were prohibited in our past ordinances.
Martin Kelley - stated that he thinks low density residential zones are not being specifically
addressed in the proposed local law and is concerned about a proposal for a recycling center in
his neighborhood
Joel Gagnon - is concerned with the deposit and fill section of the amendment as it is not what
the Planning Board recommended to the Town Board . He said the town should provide for
regulating the commercial operations of extraction and deposit of fill in the ordinance.
Rick Dobson - Dobson Road - approves of the amendments as they are giving people back their
rights.
Ronda Engman - 571 South Danby Road - commented on the proposed changes and said she
would like to know who proposed each change and why. She said she thinks that there needs
to be a definition of extraction and fill, there should be more restrictions for agricultural
operations and buildings, provisions to restrict absentee landlords, and opposes the
grandfathering of mobile homes .
Supervisor Oltz responded to Ms . Engman that the Planning Board, after much research
proposed these changes.
Clint Perkins - 14 Hill Road - he is concerned about owner occupancy of two unit dwellings
in low density zones. He thinks we are missing the opportunity to get a clear definition between
low density and medium density. He would like to see the owner occupancy provision stay in
the ordinance.
Eloise Greene - 100 Michigan Hollow Road - said she is in favor of most of the changes with.
the exception of the grandfathering mobile homes and eliminating the owner occupancy
provision in low density residential zones.
Ed Inman - 52 Bald Hill Road - is concerned that dropping the requirement for owner
occupancy will be that we are losing all control for property maintenance. If we accept the new
policy, it may be necessary for additional inspections of rental properties for safety factors .
Don Barnes - 57 Michigan Hollow Road - approves with most of the zoning amendments but
thinks that our zoning is too strict. He said that residential properties can be maintained
whether the owner lives in the dwelling or not.
•
John C. Shepardson, Sr. - 318 Ridgecrest Road - approves of the amendments and agrees that
mobile homes should be allowed to be replaced .
Bob Roe - 1820 Danby Road - commended the Planning Board for an excellent job in
formulating and proposing the alterations to the Danby Zoning Ordinance . He thinks the
suggestion for inspections on rental property is realistic and a. good safety measure.
Elizabeth Roe - 1820 Danby Road - would like to see the diversity of the town preserved as
it is not just a bedroom of Ithaca . She would like to see young people be able to afford a home
and people to be able to put their folks in their backyards if that is what is necessary. She is
particularly in favor of the grandfathering of mobile homes with a guarantee that they can be
replaced or upgraded if that is all the owner can afford to do.
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September 1111995
Gary Bennett - 31 Comfort Road - asked why we need new zoning laws if we do not enforce
the laws we already have .
John Benjamin - 2190 Danby Road - thinks the changes are an improvement as we need to get
back to the basics for zoning. We need to be able to use our properties.
Mary Lou Hardesty - 50 South Danby Road - commended the Planning Board for all of the
® time and thought they have put into the proposed amendments. She said there were many
reasons for the revisions and is in favor of single wide mobile homes being allowed on individual
lots . Many will be upgraded, young residents will be able to get a. start and build equity.
Discussion :
Supervisor Oltz asked Susan Beeners to respond to the proposed amendments .
Code Enforcement Officer Susan Beeners reported the following :
Singlewide Mobile Homes : The zoning office did a survey on singlewide mobile homes that
are presently cited on individual lots in the Town of Danby to determine their history. They
discovered that there were approximately thirty-five (35 ) mobile homes not located in mobile
home parks and there were no records for approximately one third ( 1/3 ) of them. Mobile
homes represent 2 - 3 % of the total housing units in the Town.. The July 10 , 1995 -date
represents the date that the study of mobile homes was completed .
Susan commented that all of the revisions in the proposed local law has been to try to streamline
some procedures and minimize this extraneous enforcement burden with paper work. Some of
the 1991 ordinance was much more restrictive than the State Law.
Extraction and Deposit of Fill - Susan said her opinion is that the fill ordinance is overkill and
it covers materials such as gravel and soil . The Solid. Waste Law of the County regulates deposit
of discarded material, construction debris, ashes, and garbage.
Owner Occupancy - complaints received in her office since January 1992 related to rental units
represent less than 1% of single family rental units and two unit rentals. There is a law in Danby
that does require the inspection of all rental properties at least once every three (3 ) years
regardless of whether it is a single or two family rental .
Carol Benjamin - 2190 Danby Road - the boundary line and the buffer line regulations are for
all commercial properties in the Town. Some commercial buildings are in noncompliance with
buffer and boundary lines and it is important that the Town do something to help the businesses
or the town could lose all business in the Town of Danby.
Comments from the Board :
Supervisor Oltz asked for comments from the Board :
1
Councilperson Johnson said that the needs of small towns are very different from a large towns
and some of our regulations need to be relaxed and more workable. The proposed changes are
the result of problems expressed by the residents and the Planning Board . .
Councilperson Steiner said that he agrees with Councilperson Johnson and that the proposed.
changes to the ordinance are as a result of problems expressed by the Planning Board and
residents .
Councilperson Schwartz said that the proposed changes to the ordinance are not a sign that we
are not satisfied with the ordinance. An ordinance needs to be consistently reviewed and is an
ongoing process. He said he personally would like to see the owner occupancy requirement left.
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September 11 , 1995
in the regulations .
Councilperson Hi.le said that the proposed change for the extraction and deposit of fill provision
in our ordinance is adequate as mining of land requires a Federal permit.
Public Hearing Declared. Closed
Supervisor Oltz declared the public hearing closed at 8 : 32 P .M.
Aol 4" Ai 41/6011
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Carol W. Sczepa Town Clerk
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1 Town Board Minutes
September 11 , 1995
TOWN OF DANBY
TOWN BOARD MINUTES
Regular Meeting 8 : 00 P. M. September 11 , 1995
PRESENT :
Supervisor Mary Oltz
• Counci.lpersons : Roger Hile, Rosa. Lee Johnson, Joseph Schwartz, Howard Steiner
Others Present:
Carol W. Sczepanski, Town Clerk
Susan Beeners, Code Enforcement Officer
Frank Proto, County Representative
Members of the Public:
Roy Casterline, Rick Dobson, J. Martin Kelly, Mark Malkin, V . R. Little, Virginia Dean, Ed
Inman, Eloise Greene, Ken Horst, Clint Perkins, Edw. M. Roberts, Nancy Weitzel, Robert
Roe, Mary Lou Hardesty, Ronda Engman, Joel Gagnon, Valerie Shepardson, John C .
Shepardson, Sr. , Gary Bennett, Ralph Wilbur, Don Barnes, John D. Benjamin, Carol
Benjamin, Elizabeth Roe, F. O. Chase, Ginny Bennett, Barry Craddock, Rick Hardesty,
Jonathan Blum, Robert Chase, and others.
Supervisor Oltz called the meeting to order at 8 : 32 P. M. and led all present to the Pledge of
Allegiance to the American Flag.
PRIVILEGE OF THE FLOOR:
Supervisor Oltz reported the following :
1 ) The Danby Recycling Center has closed and the collection bins have been
removed from the Highway Department site .
2) Budget requests for 1996 should be returned to the Supervisor or Town Clerk
as soon as possible.
County Representative Report :
Representative Proto reported on the following :
1 ) 1996 County Budget : Representative Proto submitted a copy of the Tompkins
County 1996 Budget Requests and the 1996 Special Budget Requests. The Budget
presented represents an increase of approximately 4. 9% and if all the special requests
are granted the increase will be 5 %.
2) Rural Affairs Committee: The Rural Affairs Committee met with the County
Municipal Officials that was well attended . The concerns raised by the public
• officials at the meeting were solid waste, public works, public safety and economic
development.
3 ) County Bridges: H & E Machinery located on Comfort Road is expanding their
facility. Frank reported that he has been trying to get the Comfort Road Bridge
placed on the County schedule for at least three (3 ) years . The bridge is a priority
and in the design phase.
4) Economic Development Committee : The committee will concentrate their study
and efforts toward smaller type businesses that employ 10- 50 people . A survey of
Tompkins County will be done soon.
5 ) County Building to House Human Service Agencies: The study to review the
Human Service Building Project to close the Biggs Complex and to build a building
in the downtown area has not met with 100 % support. A report of their findings may
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September 11 , 1995
be available in October.
6 ) Agriculture Survey: The County is in the process of reviewing the County
Agriculture District No. 1 and the dividing line is N. Y. S . Route 96B in the Town of
Danby.
7) Collection of Delinquent Taxes: The County passed a local law permitting the
County to collect delinquent taxes in installments over a 24 month period . •
Members of the Public:
Joel Gagnon - 2353 Spencer Road - is concerned that the implication that all of the changes
made in the proposed local law came from the Planning Board when in fact the
recommendation on extraction and deposit of fill is not what the Planning Board
recommended to the Town Board . .
Jonni Schreiner - 51 Comfort Road - submitted a letter addressed to the Board dated
September 11 , 1995 and said that her position at this moment is that she opposes the idea of a
construction debris and recycling center in her neighborhood .
Jonathan Blum - 403 Mitchell Street - said he is concerned that the Planning Board
opinion of the Indoor Construction Debris and Community Household Recycling Center
proposal was considered a home occupation. The neighbors are concerned and a procedure
should be established for deciding whether this is a home use as the use as described in the
is much closer to the definition of a junk yard and does not fit within the parameters of the
traditional home occupation as defined by all the laws in New York State .
Supervisor Oltz responded that the applicant for the Proposed Indoor Construction Debris
and Recycling Center will need a permit issued and it can be appealed .
Barry Craddock -- 35 Comfort Road - responded to the proposal he submitted to the
Planing Board and said that he does not want to upset his neighbors . . . The Planning Board
approved the idea he submitted and since then he has invested a considerable amount of
money. He is prepared to meet with his neighbors would like to come to some sort of an
understanding.
Robert Chase -- 106 Comfort Road - opposes the Craddock proposal .
Martin Kelly -- 48 Comfort Road said that he thinks it would be an ill-advised project.
He moved to this neighborhood to enjoy the peace and quiet and does not want to live next
to another truck stop .
Mark Malkin -- 36 Comfort Road -- his feelings the same as his neighbors and moved to •
that area because it was zoned for residences and a quiet neighborhood .
Unidentified resident -- said that the residents of Comfort Road need to know what is
going to happen and to have input into any decision making.
Verna Little -- 1758 Danby Road - said that she thinks that the kinds of things that we have
been talking about earlier relates to the current issue .
Code Enforcement Officer -- Susan Beeners -- reported to the Board that she has
consulted with the town attorney and he has provided her with information.
Motion the Adjourn to Executive Session:
A motion was made by Supervisor Oltz and seconded by Councilperson Hite that the Town
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September 11 , 1995
Board adjourn to Executive Session at 9 : 15 P. M. to discuss a matter of possible litigation.
A vote on the motion resulted as follows :
Carried Unanimously
Town Board Meeting Reconvened :
The Town Board Meeting reconvened at 9 : 30 P.M.
• Craddock Proposal :
Councilperson Schwartz reported that he looked at the Craddock proposal and in his opinion
and the opinion of the Town Board, based on our zoning ordinance, he thinks the definition
definitely fits the description of a junk yard .
Susan Beeners reported that this proposal would require a rezoning and there would be a
public hearing held by the Planning Board and one by the Town Board . She said that she
would be sending a letter to Mr. Craddock stating that upon further review, the proposal that
was submitted on August 16, 1995 would require a submission of a rezoning application.
REPORTS :
Town Meeting With Senator Kuhl -- Supervisor Oltz reported the Senator Randy Kuhl
will hold a Town Meeting on October 5 , 1995 at the Town Hall from 6 : 00- 7 : 00 P.M. All
public is invited .
Highway Report :
Highway Agreement With Tompkins County
Highway Superintendent reported that the Town needs a Highway Agreement with
Tompkins County to allow the Town to repair the water main in the West Danby Water
District.
Discussion:
Councilperson Hile said that this agreement is necessary to enable the Town to repair the
water main.
Councilperson Johnson requested that the Supervisor consult the Town Attorney before
submitting the agreement.
Motion to Approve Agreement Between the Town and Tompkins County
A motion was made by Councilperson Steiner and seconded by Councilperson Johnson that
the Supervisor be authorized to sign the agreement with Tompkins County based upon the
recommendation of the Town Attorney.
• A roll call vote on the motion resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Proposed 1996 Budget for Highway Department
Supervisor Oltz requested that. the Highway Superintendent meet with the Board when
reviewing the 1996 Budget Requests for the Highway Department.
Senior Citizens
Edw. Roberts reported the seniors had a pleasant trip to Auburn last month. The senior
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September 11 , 1995
citizens appreciate of the support received from the Town the funds that help with the cost
of transportation for their activities. Mr. Roberts has submitted the Senior Citizen Budget
request for 1996 .
OLD BUSINESS:
Building Committee :
Supervisor Oltz reported that the Building Committee will meet on September 18, 1995 at
7 : 00 p . m. to finalize some of the issues they have been working on related to the Town Hall
building. A report will be made to the Town Board at the September meeting.
NEW BUSINESS:
Tompkins County Planning Federation
Supervisor Oltz reported that she has consulted with Planning Board Chair, Ken Horst and
he will make a recommendation to the Board soon.
County Recreation Partnership
Supervisor Oltz has received a request to the Town of Danby for an appointment to the
County Recreation Partnership . They would like to have a member attend the September 18 ,
1995 . No appointment was made at this time.
Rural New York Planning Grant
Tracy Smith from Tompkins County Planning Department is working on a grant proposal for
the Town of Danby and asked the Board for authorization to sign the grant proposal. The
grant application is for a Rural New York Planning Grant. The proposal request is to
provide an economic analysis that includes a survey of businesses and customers, collection
of economic information, the production of a business directory and a final report.
Motion to Authorize Supervisor to Sign the Rural New York Planning Grant
Proposal
A motion was made by Councilperson Steiner and seconded by Councilperson Hile that the
Town Board authorizes Supervisor Oltz to sign the Rural New York Planning Grant
Application
A roll call vote on the motion resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
RESOLUTION NO. 45 OF 1995 •
TRANSFER OF FUNDS
By Councilperson Johnson; Seconded by Councilperson Hile
WHEREAS, General Fund Account Number A5132 . 4 for highway garage contractual expense
used to pay utility bills and other expenses of the highway garage has been overspent, and
WHEREAS, other necessary expenses will need to be paid from this account during the remaining
months of 1995 , now therefore be it
RESOLVED, that the supervisor be authorized to transfer money from the contingency account
to pay bills to be charged to account A5132. 4 as they are approved for payment each month for
the remainder of 1995, and now be it further
RESOLVED, that the total amount of this transfer shall not exceed Four Thousand Five Hundred
($4, 500. 00)Dollars .
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September 11 , 1995
A roll call vote on the resolution resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
• RESOLUTION NO. 46 OF 1995
INTERMUNICIPAL AGREEMENT DRUG & ALCOHOL TESTING PROGRAM
By Councilperson Johnson : Seconded by Councilperson Schwartz
WHEREAS, Tompkins County, the City of Ithaca and the Towns and Villages of Tompkins
County are required under the Omnibus Employee Testing Act of 1991 to implement drug and
alcohol testing for their commercial driver ' s license holders by January 1 , 1996, and
WHEREAS, entering into an intermunicipal agreement, pursuant to General Municipal law
Article 5-G with the County, City of Ithaca, and the Towns and Villages of Tompkins County is
an efficient and cost-effective method for all parties to comply with this law, now, therefore, be it
RESOLVED, that Town of Danby agrees to enter into an intermunicipal agreement with
Tompkins County for the purpose of implementing the required drug and alcohol testing and in the
furtherance thereof shall participate in the selection of a third party (administrator) to manage such
drug and alcohol testing program, and be it further
RESOLVED, that such agreement shall contain such terms and conditions as the Town
Supervisor and Town Attorney shall deem appropriate to protect the Town' s interests and shall
provide for the sharing of costs upon an equitable basis between the parties and shall be binding
upon the Town upon the execution thereof and shall extend through December 31 , 1996.
A roll call vote on the resolution resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
LOCAL LAW NO. 1 of 1995
Following Public Hearing on September 11 , 1995 at 7 :30 P . M. the following resolutions were
adopted by the Town of Danby Town Board.
•
RESOLUTION NO . 47 OF 1995 - DETERMINING THE ENVIRONMENTAL
SIGNIFICANCE OF THE PROPOSED LOCAL LAW NO. 1 OF 1995, AMENDING THE
TOWN OF DANBY ZONING ORDINANCE REGARDING THE NUMBER OF
RESIDENTIAL BUILDINGS ON A LOT, EXTRACTION OR DEPOSIT OF FILL,
VARIOUS REVISIONS WHICH PERMIT AGRICULTURAL BUILDINGS AND USES
IN ALL ZONES, OWNER OCCUPANCY OF TWO-UNIT DWELLINGS IN LOW
DENSITY RESIDENTIAL ZONES, SIZE OF ACCESSORY APARTMENT IN LOW
AND MEDIUM DENSITY RESIDENTIAL ZONES, RESTRICTIONS ON LIGHTING
OF SIGNS THAT IDENTIFY HOME OCCUPATIONS, SINGLEWIDE AND
DOUBLEWIDE MOBILE HOMES, COMMERCIAL ZONE SETBACKS, BUFFERS,
AND MINOR TECHNICAL CHANGES, PUBLIC HEARING SCHEDULING,
NOTIFICATION PROCEDURES, AND TIME FRAMES FOR DECISIONS,
CONSIDERATIONS AND CRITERIA FOR SPECIAL PERMITS, PERMIT TO BUILD,
•
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September 11 , 1995
AND BOARD OF ZONING APPEALS PROCEDURES AND VARIANCE CRITERIA. -
By Councilperson Schwartz: Seconded by Councilperson Johnson
WHEREAS, the Town of Danby acting through the Town Board and the Town Planning Board
has prepared and extensively reviewed proposed revisions to the Town of Danby Zoning
Ordinance as described in the proposed Local Law No . 1 of 1995 , and
WHEREAS, the Town of Danby Town Board is legislatively determined to act as Lead Agency in
environmental review of the proposed legislation; and
WHEREAS, the materials relating to the such review were forwarded to the Tompkins County
Department of Planning who has responded by memo dated September 1. 1 , 1995 indicating that
the Town Board was free to act without prejudice, and
WHEREAS, a public hearing on the proposed legislation on revisions to the Zoning Ordinance
has been held by the Town Board on September 11 , 1995 ; and
WHEREAS, the adoption of the proposed legislation is a Type I action under SEQR, and
WHEREAS, the Town Board has reviewed extensively the proposed revisions to the Zoning
Ordinance and the full environmental assessment form prepared for such revisions and
WHEREAS, the Town Board has reviewed the recommendation prepared by the Town Code
Enforcement Officer related to Part II of the SEQR environmental assessment, which
recommendation is that a negative determination of environmental significance be made for this
action; now, therefore be it
RESOLVED, that the Town of Danby Town Board, acting as lead agency in Type I
environmental review of the proposed legislation amending the Town of Danby Zoning Ordinance,
make and hereby does make a negative determination of environmental significance for the
proposed legislation referred to above, and it is further
RESOLVED, that the Supervisor, with the assistance of the Code Enforcement Officer and the
Attorneys for the Town, file all required notices of this action with all appropriate agencies,
including, as required, the Department of Environmental Conservation of the State of New York,
and take any and all further actions as may be necessary or appropriate to effectuate the findings
and intent of these resolutions.
A roll call vote on the resolution resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye
Carried Unanimously •
RESOLUTION NO. 48 OF 1995 - REGARDING LOCAL LAW NO. 1 OF 1995 , "A
LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE
REGARDING THE NUMBER OF RESIDENTIAL BUILDINGS ON A LOT,
EX'T'RACTION OR DEPOSIT OF FILL, VARIOUS REVISIONS WHICH PERMIT
AGRICULTURAL BUILDINGS AND USES IN ALL ZONES, OWNER OCCUPANCY
OF TWO-UNIT DWELLINGS IN LOW DENSITY RESIDENTIAL ZONES, SIZE OF
ACCESSORY APARTMENT IN LOW AND MEDIUM DENSITY RESIDENTIAL
ZONES, RESTRICTIONS ON LIGHTING OF SIGNS THAT IDENTIFY HOME
OCCUPATIONS, SINGLEWIDE AND DOUBLEWIDE MOBILE HOMES,
COMMERCIAL ZONE SETBACKS, BUFFERS, AND MINOR
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September 11 , 1995
TECHNICALCHANGES, PUBLIC HEARING SCHEDULING, NOTIFICATION
PROCEDURES. AND TIME FRAMES FOR DECISIONS, CONSIDERATIONS AND
CRITERIA FOR SPECIAL PERMITS. PERMIT TO BUILD. AND BOARD OF
ZONING APPEALS PROCEDURES AND VARIANCE CRITERIA. "
By Councilperson Hile : Seconded by Councilperson Steiner
WHEREAS, the Town of Danby acting through the Town Board and the Town Planning Board
has prepared and extensively reviewed proposed revisions to the Town of Danby Zoning
• Ordinance as described in the proposed Local Law No . 1 of 1995 ; and
WHEREAS, the Town of Danby Town Board, acting as Lead Agency in environmental review of
this Type I action, made a negative determination of environmental significance on September 11 ,
1995 ; and
WHEREAS, the materials relating to the such review were forwarded to the Tompkins County
Department of Planning who has responded by memo dated September 11 , 1995 indicating that
the Town board was free to act without prejudice ; and
WHEREAS, a public hearing on the proposed revisions to the Zoning Ordinance has been held by
the Town Board on September 11 , 1995 ; now, therefore, be it
RESOLVED, that Local Law No . 1 of 1995, entitled "A LOCAL LAW AMENDING THE
TOWN OF DANBY ZONING ORDINANCE REGARDING THE NUMBER OF
RESIDENTIAL BUILDINGS ON A LOT, EXTRACTION OR DEPOSIT OF FILL, VARIOUS
REVISIONS WHICH PERMIT AGRICULTURAL BUILDINGS AND USES IN ALL ZONES ,
OWNER OCCUPANCY OF TWO-UNIT DWELLINGS IN LOW DENSITY RESIDENTIAL
ZONES, SIZE OF ACCESSORY APARTMENT IN LOW AND MEDIUM DENSITY
RESIDENTIAL ZONES, RESTRICTIONS ON LIGHTING OF SIGNS THAT IDENTIFY
HOME OCCUPATIONS , SINGLEWIDE AND DOUBLEWIDE MOBILE HOMES,
COMMERCIAL ZONE SETBACKS , BUFFERS , AND MINOR TECHNICAL CHANGES,
PUBLIC HEARING SCHEDULING, NO'TIF'ICATION PROCEDURES, AND TIME FRAMES
FOR DECISIONS, CONSIDERATIONS AND CRITERIA FOR SPECIAL PERMITS,
PERMIT TO BUILD, AND BOARD OF ZONING APPEALS PROCEDURES AND
VARIANCE CRITERIA . " is. hereby adopted.
Discussion :
Councilperson Schwartz stated for the record that he disagrees specifically with the removal of the
owner occupancy provision in the ordinance .
A roll call vote on the resolution resulted as follows :
Hile Aye
Johnson Aye
• Schwartz Aye
Steiner Aye
Oltz Aye Carried unanimously
LOCAL LAW NO . 1 OF 1995
INSERT NO . 1
of September 11 , 1995 Town Board Minutes
1 • , , , .
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8 Resolution No. 49
September 11 , 1995
APPROVAL OF WARRANTS:
Approval of General Fund Warrant No. 9 of 1995
A motion was made by Councilperson Schwartz and seconded by Councilperson Johnson to
approve the General Fund Warrant No. 9 of 1995 , vouchers numbered 245 -269 in the
amount of $3 ,471 . 76 . •
A roll call vote on the motion resulted as follows :
Hite Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Approval of Highway Fund Warrant No. 9 of 1995
A motion was made by Councilprson Hile and seconded by Councilperson Steiner to
approve the Highway Fund Warrant No . 9 of 1995 , vouchers numbered 99- 108 in the
amount of $43 ,685 . 29.
A roll call vote on the motion resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Approval of West Danby Water District Fund Warrant No. 8 of 1995
A motion was made by Councilprson Hile and seconded by Councilperson Schwartz to
approve the West Danby Water District Fund Warrant No. 8, vouchers numbered 30-33 in
the amount of $406 . 52 .
A roll call vote on the motion resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Approval of Supervisor' s July and 1995 Report
A motion was made by Councilperson Hile and seconded by Councilperson Steiner to
approve the Supervisor ' s July 1995 Report.
A roll call vote on the motion resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Carried Unanimously
Approval of the Supervisor' s August 1995 Report
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to
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9 Resolution No. 49
September 11 , 1995
approve the Supervisor ' s August 1995 Report.
A roll call vote on the motion resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
• Steiner Aye
Carried Unanimously
Approval of Town Clerk' s August 1995 Report
A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to
approve the Town Clerk ' s August 1995 Report as submitted .
A roll call vote on the motion resulted as follows :
Hile Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 10 P. M.
atere Carol W. Sczpe i, Town Clerk
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Town Board Minutes
September 11 , 1995
Insert No. 1
Local Law No 1 of 1995
TOWN OF DANBY
LOCAL LAW NO. I OF 1995 - Adopted September 11 , 1995
A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE NUMBER
OF RESIDENTIAL BUILDINGS ON A LOT, EXTRACTION OR DEPOSIT OF FILL,
VARIOUS REVISIONS WHICH PERMIT AGRICULTURAL BUILDINGS AND USES IN
ALL ZONES , OWNER OCCUPANCY OF TWO-UNIT DWELLINGS IN LOW DENSITY
RESIDENTIAL ZONES, SIZE OF ACCESSORY APARTMENT IN LOW AND MEDIUM
DENSITY RESIDENTIAL ZONES, RESTRICTIONS ON LIGHTING OF SIGNS THAT
IDENTIFY HOME OCCUPATIONS, SINGLEWIDE AND DOUBLEWIDE MOBILE
HOMES, COMMERCIAL ZONE SETBACKS , BUFFERS , AND MINOR 'TECHNICAL
CHANGES, PUBLIC HEARING SCHEDULING, NOTIFICATION PROCEDURES , AND
TIMEFRAMES FOR DECISIONS, CONSIDERATIONS AND CRITERIA FOR SPECIAL
PERMITS, PERMIT TO BUILD, AND BOARD OF ZONING APPEALS PROCEDURES
AND VARIANCE CRITERIA.
Be it enacted by the Town Board of the Town of Danby a local law to be entitled "A
LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE NUMBER
OF RESIDENTIAL BUILDINGS ON A LOT, EXTRACTION OR DEPOSIT OF FILL,
VARIOUS REVISIONS WHICH. PERMIT AGRICULTURAL BUILDINGS AND USES IN
ALL ZONES, OWNER OCCUPANCY OF TWO-UNIT DWELLINGS IN LOW DENSITY
RESIDENTIAL ZONES, SIZE OF ACCESSORY APARTMENT IN LOW AND MEDIUM
DENSITY RESIDENTIAL ZONES , RESTRICTIONS ON LIGHTING OF SIGNS THAT
IDEN'T'IFY HOME OCCUPATIONS , SINGLEWIDE AND DOUBLEWIDE MOBILE
HOMES, COMMERCIAL ZONE SETBACKS, BUFFERS , AND MINOR 'TECHNICAL
CHANGES, PUBLIC BEARING SCHEDULING, NOTIFICATION PROCEDURES, AND
TIMEFRAMES FOR DECISIONS , CONSIDERATIONS AND CRITERIA FOR SPECIAL
PERMITS , PERMIT TO BUILD, AND BOARD OF ZONING APPEALS PROCEDURES
AND VARIANCE CRITERIA" as follows :
Section 1 . The Zoning Ordinance of the Town of Danby adopted December 11 , 1991 ,
and as the same has been subsequently amended be and the same hereby is amended as set forth
in the following sections :
Section 2 . The present Section 511 - NUMBER OF BUILDINGS ON A LOT, is
deleted, and a new Section 511 - NUMBER OF BUILDINGS ON A LOT, is inserted to read
as follows :
"Section 511 - NUMBER OF BUILDINGS ON A LOT . There shall not be more than
one principal residential building on any lot unless a Special Permit for same is given by the
Planning Board . When there is more than one principal residential building on a lot the space
shall be as provided in Section 510 above with respect to yards. Each principal residential
building shall have the equivalent minimum lot area per dwelling unit required for a single
family dwelling. "
Section 3 . The present Section 516 - EXTRACTION OR DEPOSIT OF FILL AND
RELATED PRODUCTS, is deleted. The present Section 517 - LIMITATION ON
CHURCHES, SCHOOLS, ETC. , is renumbered to be Section 516 .
Section 4. The present Section 600 - LOW DENSITY RESIDENTIAL ZONE, is
deleted, and a new Section 600 LOW DENSITY RESIDENTIAL ZONE, is inserted to read
as follows :
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"Section 600 - LOW DENSITY RESIDENTIAL ZONE. The purpose of the Low
Density Residential Zone is to provide an area of limited development where it is deemed most
desirable in the Town to maintain larger lots for development and permit the possibility of
continued agricultural use of the areas without limiting the areas to solely agricultural uses.
1 . PERMITTED PRINCIPAL USES .
(a) One single-family or one two-family dwelling per lot provided that each
dwelling unit is occupied by no more than one family.
(b) Public utility structures.
(e) Customary Agricultural Uses and structures, including roadside stands not
exceeding 400 square feet, provided, however, that no storage of manure
or any permanent use of land or buildings producing offensive odor or
dust shall be permitted within 25 feet of any side or rear property line.
2. PERMITTED ACCESSORY USES .
(a) Private garage, either attached or unattached to the principal building.
(b) Home occupations provided that there shall be no external evidence of
such activity on the site except a sign denominating such occupation not
over ten square feet in area . Any such sign shall be nonflashing and, if
illuminated, shall be shielded as much as possible from adjacent
residences.
(c) One residential storage building per lot not to exceed 400 square feet in
total area .
(d) Private swimming pool, tennis courts, and other similar recreational
facilities for the principal private use of the occupants of the dwelling.
(e) Customary farm buildings such as barns, silos, livestock enclosures,
storage buildings and similar structures.
(0 Roadside stands not in excess of four hundred square feet of interior area
and selling only products produced on the same lot or produced on land
within a ten mile radius of the location of the stand.
3 . USES PERMITTED BY SPECIAL PERMIT ONLY.
(a) Churches and similar religious institutions .
(b) Hospitals .
(c) Public schools, parks and playgrounds .
(d) Public library.
(e) Nursery schools, group family day care homes, and day care centers .
(f) Municipal buildings and structures .
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(g) Cemeteries.
(h) Private playground, athletic field and group swimming pools.
(i) Tourist homes.
(j ) Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
(k) Private Airplane Landing Field.
(1) Replacement of a preexisting singlewide mobile home which is the second
dwelling on a lot, with a newer manufactured home.
(m) Installation of a second dwelling unit on a lot in a separate building for
temporary or permanent occupancy.
(n) Other uses not specifically listed above but deemed by the Planning Board
to be similar in nature and compatible with the purposes of the zone.
4 . REQUIRED LOT AREA. Lot area shall be not less than two acres with frontage
of not less than two hundred feet, and a lot depth of not less than three hundred
feet, except as hereinafter provided in Section 600, Paragraph 6 .
5 . YARDS . Except as hereinafter provided, minimum yard size shall be :
(a) Minimum front yard depth - fifty feet.
(b) Minimum side yard width - fifty feet, except as provided in Section 600,
Paragraph 6 .
(c) Minimum rear yard depth - seventy-five feet.
6 . REDUCTION OF LOT AREA FRONTAGE AND SIDE YARDS ALONG
STREETS . Notwithstanding the provisions of the two immediately preceding
subparagraphs, in an area bounded by the centerline of a street designated on the
Zoning Map (being largely all streets publicly owned on January 1 , 1992, that are ,
not seasonal use streets or streets that have only state forest land fronting on both
sides) and a line parallel to such street centerline and 400 feet distant therefrom,
the required lot area is not less than one acre, the minimum frontage is 150 feet,
and the minimum side yard width is 25 feet.
7. SIGNS . In addition to the previously mentioned signs, the following signs shall
be permitted :
(a) Signs required by law.
(b) Official signs of any governmental agency.
(c) Identification signs for churches, parks and playgrounds and similar uses
not exceeding in the aggregate fifteen square feet in area. Any such signs
shall be located within the property lines of the premises it identifies and
may be illuminated but not flashing. Any signs with lights directed to the
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sign shall have the lights shielded as much as practicable to direct the
lights only at the signs.
(d) Temporary signs which shall not be more than fifteen square feet in area
and which have been approved by the Board of Appeals.
8 . HEIGHT. Except as otherwise authorized under the terms of this Ordinance, no
building shall exceed thirty-six feet in height from lowest exterior grade or forty
feet in height from lowest interior grade. No structure shall exceed thirty-six feet
in height. This height limitation shall not apply to silos, barns, or other structures
used in connection with generally recognized agricultural operations. No such
structures, however, shall exceed one hundred feet in height, or be located less
than one hundred feet from any property line.
9 . BUILDING AREA. The maximum Building Area shall not exceed twenty-five
percent of the Lot Area . "
Section 5 . The present Section 601 - MEDIUM DENSITY RESIDENTIAL ZONE,
is deleted, and a new Section 601 - MEDIUM DENSITY RESIDENTIAL ZONE, is inserted
to read as follows :
" Section 601 - MEDIUM DENSITY RESIDENTIAL ZONE. The purpose of the
Medium Density Residential Zone is to maintain the residential character of certain areas of the
Town, to provide a buffer or transition from the low density residential and agricultural areas
to the high density residential areas and areas where commercial activities may be subsequently
permitted .
1 . PERMITTED PRINCIPAL USES . The permitted principal uses are the same
permitted principal uses as are permitted in a low density residential zone .
2 . PERMIT'T'ED ACCESSORY USES . The permitted accessory uses are the same
uses as are permitted in a low density residential zone.
3 . USES PERMITTED BY SPECIAL PERMIT ONLY.
(a) The same uses as are permitted by Special Permit in a low density
Lresidential zone .
(b) Other uses not specifically listed above but deemed by the Planning Board
to be similar in nature and compatible with the purposes of the zone .
4 . REQUIRED LOT AREA. Lot area shall be not less than one and one-half acres
with frontage of not less than one hundred fifty feet and a lot depth of not less
than two hundred feet, except as provided in Section 601 , Paragraph 6 .
5 . YARDS .
(a) Minimum front yard depth - fifty feet.
(b) Minimum side yard width - thirty-five feet, except as provided in Section
601 , Paragraph 6 .
(c) Minimum rear yard depth - fifty feet.
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6 . REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS .
Notwithstanding the provisions of the two immediately preceding subparagraphs,
in an area bounded by the centerline of a street designated on the Zoning Map
(being largely all streets publicly owned on January 1 , 1992, that are not seasonal
use streets or streets that have only state forest land fronting on both sides) and a
line parallel to such street centerline and 400 feet distant therefrom, the required
lot area is not less than one acre and the minimum side yard width is 25 feet..
7 . SIGNS . Signs are limited to the same as those permitted in a Low Density
Residential Zone .
8 . HEIGHT. Height limitations are the same as in the Low Density Residential
Zone.
9. BUILDING AREA. Building area limitations are the same as in the Low Density
Residential Zone. "
Section 6 . The present Section 602 - HIGH DENSITY RESIDENTIAL ZONE, is
deleted, and a new Section 602 - HIGH DENSITY RESIDENTIAL ZONE, is inserted to read
as follows :
"Section 602 - HIGH DENSITY RESIDENTIAL ZONE. The purpose of the High
Density Residential Zone is to provide for an area where more intense development is
encouraged to occur in the general vicinity of through traffic areas and areas that are already
intensively developed .
1 . PERMITTED PRINCIPAL USES . The permitted principal uses are the same
uses as are permitted principal uses in a medium density residential zone.
2 . PERMITTED ACCESSORY USES . The permitted accessory uses are the same
uses as are permitted in a medium density residential zone.
3 . USES PERMITTED BY SPECIAL PERMIT ONLY.
(a) Those uses permitted by Special Permit in a medium density residential
zone .
(b) Multiple-family dwellings.
(c) Hotels, motels, and boarding homes .
(d) Other uses not specifically listed above but deemed by the Planning Board
to be similar in nature and compatible with the purposes of the zone.
4 . REQUIRED LOT AREA. Lot area shall be not less than one acre with frontage
on a public street of not less than one hundred fifty feet and a lot depth of not less
than two hundred feet unless the area is served by public water, in which event
the lot area shall be not less than one half acre with frontage on a public street of
not less than seventy-five feet and a lot depth of not less than one hundred fifty
feet.
5 . YARDS .
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(a) Minimum front yard depth - fifty feet.
(b) Minimum side yard width - twenty feet.
(c) Minimum rear yard depth - fifty feet.
Notwithstanding the foregoing, if a multiple-family dwelling is permitted, the
minimum yards shall be increased so that no structure on lots containing one or
more multiple-family dwellings shall be located closer than eighty feet from any
exterior property line, fifty feet from any public road right of way, or within
thirty feet of any other structure on the lot.
6 . SIGNS .
(a) Same as those permitted in a medium density residential zone.
(b) Motels, hotels, and boarding homes - an identification sign may be located
on or attached to the principal facade of the building or located in the
required yard space. If attached to the facade, such sign shall not exceed
twenty-five percent of the facade area. or fifty square feet, whichever is
more restrictive . If free-standing, such sign shall not exceed fifty square
feet in the aggregate. If illuminated, such sign shall be non-flashing.
7 . HEIGHT. Height limitations are the same as in the Low Density Residential
Zone .
8 . BUILDING AREA. Building area limitations are the same as in the Low Density
Residential Zone. "
Section 7 . The present Section 603 - COMMERCIAL TARGET AREA is deleted,
and a new Section 603 - COMMERCIAL TARGET AREA is inserted to read as follows :
" Section 603 - COMMERCIAL TARGET AREA. The purpose of establishing the
commercial target area and the following regulations is to establish certain areas where retail
business and other commercial uses of land will be encouraged and to establish standards by
which development in these areas shall occur. Pending establishment of any commercial zone
" A" , 'B ", or "C", within the commercial target area, the land within said target area shall be
governed by the existing residential district regulations.
The Town Board may establish a commercial zone "A", 'B ", or "C" anywhere in the
commercial target area. The uses permitted in each of said commercial zones shall be as set forth
below.
1 . LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the
Town of Danby Zoning Map designated Medium Density Residential and High
Density Residential Zones are the Commercial Target Area .
2. COMMERCIAL ZONE " A" .
(a) PURPOSE . The purpose of establishing a Commercial Zone "A" is to
provide an area, usually adjacent to a residential zone, where commercial
activities involving a low impact in respect to traffic, noise, intensity of
use, and low overall impact on the neighborhood will be permitted .
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(b) PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "A".
All permitted principal uses that are explicitly permitted in High Density
Residential Zones without requiring a Special Permit are explicitly
permitted in a Commercial Zone "A" .
(c) PERMITTED USES IN A COMMERCIAL ZONE "N' UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted
upon approval of the site plan by the Planning Board :
( i) Retail food store not larger than 10,000 square feet of building
area . (Retail food store does not include restaurants. )
(ii) Business offices or professional offices .
(iii) Bank or other financial institution.
(iv) Book store not larger than 5 ,000 square feet.
(v) Drug store not larger than 5 ,000 square feet.
(vi) Hardware store not larger than 5 ,000 square feet.
(vii) Smoke shop not larger than 5 ,000 square feet.
(viii) Retail service store such as a barber shop,
beauty parlor, florist shop, tailor shop, and any other similar retail
store, all of which shall be not larger than 5 ,000 square feet of
building area.
(ix) Horticultural nurseries.
(d) USES PERMITTED IN A COMMERCIAL ZONE "A" BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the
site plan and issuance of a Special Permit by the Planning Board :
(i) Gasoline service station.
(ii) Public schools .
(iii) Child nursery or day care centers, and private
schools including commercially oriented schools such as dancing,
art, and business schools .
(iv) Churches and similar religious institutions.
(v) Community centers.
(vi) Tourist homes containing no more than ten beds .
(vii) Package liquor store not larger than 5 ,000 square feet. •
(viii) Other commercial uses upon the finding by the
Planning Board that such use is of the same general character as
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those permitted and such use will not be detrimental to the other
uses within the zone or to the adjoining land uses.
3 . COMMERCIAL ZONE " B" .
(a) PURPOSE . The purpose of establishing a Commercial Zone "B " is to
provide an area where commercial activities involving a moderate impact,
including moderate traffic, noise, and similar impacts, to a neighborhood
will be permitted .
(b) PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE 'B " .
All permitted principal uses that are explicitly permitted in a Commercial
Zone " A" without requiring a Special Permit or site plan approval are
permitted in a Commercial Zone "B " .
(c) PERMITTED USES IN A COMMERCIAL ZONE 'B " UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted
upon approval of the site plan by the Planning Board :
(i) Any of the uses permitted upon approval of the site plan in
Commercial Zone "A".
(ii) Retail food stores with more than 10 , 000 square feet of building
area .
(iii) Bookstores, drugstores, hardware stores, and
smokeshops of more than 5 ,000 square feet of building area.
(iv) Retail service stores such as barber shops, beauty parlors, florists,
tailors, and any other similar retail stores of more than 5 ,000
square feet.
(v) Laundromats and dry cleaning facilities.
(vi) Funeral homes and mortuaries .
(d) USES PERMITTED IN A COMMERCIAL ZONE "B " BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the
site plan and issuance of a Special Permit by the Planning Board .
(i) Any uses permitted by Special Permit in a Commercial Zone "A" .
(ii) Motor vehicle sales facilities .
(iii) Restaurants, including fast food restaurants.
(iv) Indoor recreational facilities such as skating rinks, bowling alleys,
etc .
(v) Clubs and fraternal organization facilities.
(vi) Utility facilities including substations, transmission facilities, etc .
but not including transmission facilities involving antennae or
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other items whose height exceed the maximum permissible height
set forth elsewhere in this ordinance.
(vii) Tourist homes with more than ten beds .
(viii) Package liquor stores larger than 5 ,000
square feet.
(ix) Taverns
(x) Other similar commercial uses upon the finding by the Planning
Board that such use is of the same general character as those
permitted and such use will not be detrimental to the other uses
within the zone or to the adjoining land use.
4 . COMMERCIAL ZONE " C " .
(a) PURPOSE. The purpose of establishing a Commercial Zone "C" is to
provide an area where commercial activities involving an impact greater
than normally found in uses permitted in Commercial Zones "A" and 'B ",
including greater impacts in respect to traffic, noise, and overall impact,
will be permitted .
(b) PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "C".
All permitted principal uses that are explicitly permitted in a Commercial
Zone "B " without requiring a Special Permit or site plan approval are
permitted in a Commercial Zone "C".
(c) PERMITTED USES IN A COMMERCIAL ZONE "C" UPON
APPROVAL OF THE SITE PLAN. The following uses are permitted
upon approval of the site plan by the Planning Board :
(i) Any use expressly permitted in Commercial Zones "A" or "B ".
(d) USES PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the
site plan and issuance of a Special Permit by the Planning Board .
(i) Any use authorized upon such approval and issuance of such a
permit in commercial zones "A" or "B " .
(ii) Car wash.
(iii) Hotel, motel, and boarding houses.
(iv) Facilities for the sale of any new products, produce, goods, and
equipment.
(v) Automotive and other motorized vehicle repair facilities.
(vi) Theaters .
(vii) Mobile home and recreational vehicle sales .
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(viii) Rental facilities for car, trailer, truck and
other rental operations .
(ix) Warehouses.
(x) Wholesale businesses including wholesale sales of auto and farm
machinery but excluding junkyards.
(xi) Yards for the sale and storage of lumber, wood, and feed.
(xii) Other commercial uses upon the fording by the
Planning Board that such use is of the same general character as
those permitted and which will not be detrimental to the other uses
within the district or to the adjoining land uses.
5 . OTHER PROVISIONS , ALL COMMERCIAL ZONES .
(a) PERMITTED ACCESSORY USES .
(i) Those permitted in any residential zone .
(ii) Automobile parking and off-street loading areas, subject to further
requirements of this ordinance .
(iii) Accessory storage buildings, but not to include
outside storage.
(b) REQUIRED LOT AREA.
(i) Residential uses - lot area shall not be less than one acre for a one or two
family dwelling plus five thousand square feet for each additional
dwelling unit on the same lot, with frontage of not less than one hundred
fifty feet and a lot depth of not less than two hundred feet unless served by
public water in which event lot area shall be not less than one half acre
with frontage on a public street of not less than one hundred feet and a lot
depth of not less than one hundred fifty feet.
(ii) All other uses - lot area shall not be less than one acre with frontage not
less than one hundred fifty feet.
(c) YARDS .
(i) Minimum front yard depth - 25 feet for buildings. No minimum front yard
depth is required for constructed parking spaces, subject to the provisions
of subparagraph (g) below.
(ii) Minimum side yard width - 25 feet for buildings and constructed parking
spaces.
(iii) Minimum rear yard depth - 25 feet for buildings and
constructed parking spaces .
The foregoing yard requirements may include any required buffer areas and shall
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not be in addition to any required buffer areas .
(d) SIGNS .
(1) Same as those permitted in any residential zone.
(ii) Advertising sign boards advertising only the services or products available
on the premises may be attached to the principal facade of the building or
located in any yard space provided that no part of the sign is less than 5
feet from any front yard line and 15 feet from any other lot line. All such
advertising signs shall be no larger than 50 square feet, if free standing, or
no larger than 50 square feet or 25 % of the facade area, if located on the
facade. Such sign shall be non-flashing. No more than one free-standing
sign shall be permitted per lot.
(e) HEIGHT. No building shall exceed 36 feet in height from the lowest exterior
grade or 40 feet in height from the lowest interior grade. No structure shall
exceed 36 feet in height. This height limitation shall not apply to silos, barns, or
other structures used in connection with generally recognized agricultural
operations. No such agricultural structures, however, shall exceed 100 feet in
height, or be located less than 100 feet from any side or rear property line.
(f) BUILDING AREA. The maximum building area shall not exceed 30% of the lot
area.
(g) BUFFER AREAS, SCREENING, AND ADDITIONAL SETBACK
REQUIREMENTS .
(i) No building shall be placed nearer than 25 feet from any non-commercial
zone . This buffer strip shall not be in addition to the required front, side
and rear yards. A strip at least 10 feet wide within such buffer area shall
be suitably planted to screen a commercial zone from present or future
residences, or a suitable screening fence shall be erected .
(ii) In addition to the screening requirement set forth above, additional
setback, landscaping, fencing, screening, or earth berm may be required
to be provided in any area where a proposed structure or use would create
a hazardous condition or would detract from the value of neighboring
property if such landscaping, fencing, screening, or berm were not
provided .
(h) WASTE DISPOSAL - No waste or refuse shall be placed outside any building
in a commercial zone except that an area common to all businesses, or a separate
area for each business shall be reserved at the rear of the structure or structures.
These areas shall contain bins, or other receptacles adequate to prevent the
scattering of waste and refuse, and shall be planted or fenced so as to be screened
from the public view. Such area and receptacles shall not be located in any buffer
area or required yards. No refuse shall be burned on the premises. "
Section 8 . The present Section 707 - MOBILE HOMES AND MOBILE HOME
PARKS , is deleted, and a new Section 707 - MOBILE HOMES AND MOBILE HOME
PARKS, is inserted to read as follows :
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"Section 707 - MOBILE HOMES AND MOBILE HOME PARKS.
1 . MOBILE HOMES . No mobile home whether on wheels or otherwise supported
shall be permitted in any zone or area except where otherwise specifically
permitted pursuant to the terms of the Zoning Ordinance; provided, however, that.
in any zone a mobile home shall be permitted under the following circumstances :
A. DOUBLEWIDE MOBILE HOMES . Doublewide mobile homes are
permitted on individual lots subject to the provisions of Section 1102 of
this ordinance.
B . SINGLEWIDE MOBILE HOMES . Singlewide mobile homes are
permitted under the following circumstances :
0) in Mobile Home Parks and in Planned Development Zones
specifically designated for such use.
(ii) as a temporary residence for a period of up to eighteen months on
a lot where a permanent dwelling is to be constructed subject to
the following requirements :
(a) The owner of the land and/or the mobile home shall have
obtained a building permit for said mobile home from the
Code Enforcement Officer prior to moving said mobile
home on the premises;
(b) The owner of the land and/or the mobile home shall have
submitted to the Code Enforcement Officer a specific set of
building plans and specifications for the construction of a
permanent dwelling on said lot at the time the owner
applies for said mobile home permit; and
(c) Within twelve months after obtaining a permit for such
mobile home the permanent building being constructed on
the lot must be enclosed and heat Stalled . In the event of
non-compliance with this subparagraph (c), the mobile
home permit shall be revoked by written notice to the
owner of the land or mobile home by the Code
Enforcement Officer, and the owner of the land must cause
removal of said mobile home from the premises within
three months of the receipt of said written revocation of the
mobile home permit.
(C) CONSTRUCTION TRAILERS . A mobile home being used as a
construction trailer may be placed upon premises if the owner of the
premises or the owner of the trailer obtains a permit for such occupancy
from the Code Enforcement Officer. Such permit shall be granted only
in conjunction with the issuance of another building permit for
construction of a structure on the same premises costing at least $75 ,000 ,
or in conjunction with a public works project. Any permit for such
construction trailer shall expire one year from the date of its issuance
unless renewed by the Code Enforcement Officer.
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(D) PREEXISTING SINGLEWIDE MOBILE HOMES . The following
applies to singlewide mobile homes on individual lots which were
occupied on and before July 10 , 1995 .
(i) If such a singlewide mobile home is the single residential structure
on the lot, it may continue to be occupied as a lawfully permitted
use. It may be replaced with a. newer manufactured home subject
to the issuance of a building permit.
(ii) If such a singlewide mobile home is the second residential
structure on a lot, it may continue to be occupied as a lawfully
permitted use. It may be replaced with a newer manufactured
home only upon the granting of a Special Permit by the Planning
Board .
(E) SINGLEWIDE MOBILE HOMES AS TEMPORARY HOUSING. The
new installation of a singlewide mobile home as the second dwelling on
a lot may occur upon the granting of a Special Permit for same by the
Planning Board for the following:
(i) Temporary housing for family members related to the owners of
the property, when such family members need close attention by
the owners due to age, illness, or similar circumstances.
(ii) Temporary housing for personnel providing support services such
as caretaking, nursing, and similar services to the residents of the
primary dwelling on the property.
(iii) Temporary housing for agricultural workers .
(F) CRITERIA. FOR SPECIAL PERMITS FOR SINGLEWIDE MOBILE
HOMES . In considering an application for a Special Permit for a
singlewide mobile home, the Planning Board shall consider the General
Conditions Required for all Special Permits which are provided elsewhere
in this ordinance . In granting such a Special Permit, the Planning Board
may place conditions on such Permit to ensure that, for example,
temporary housing is properly used as intended, and is removed when it
is no longer needed . "
Section 9. The present Section 800 - APPLICATIONS FOR REZONING, is deleted,
and a new Section 800 -APPLICATIONS FOR REZONING, is inserted to read as follows :
" Section 800 - APPLICATIONS FOR REZONING. Before an application is
submitted to the Town Board for establishment of a Commercial "A", "B " and "C" Zone,
a. Planned Development Zone or a Mobile Home Park Zone, the establishment of which
may be permitted under this Ordinance, the applicant shall proceed as follows :
1 . At the option of the applicant, the applicant may request a conference with either
the Planning Board or the Town Board to informally explore the applicant's
proposal. The applicant may submit a sketch or other preliminary information for
the board's consideration and reaction. No decision will be made by either board
and the sole function of the conference is to provide a forum early in the process
to determine whether the circumstances are such that the application would not
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likely be successful . . Regardless of the reaction of either board, the applicant is
entitled to proceed with an application in accordance with the formal procedures
set forth below.
2 . The applicant will submit a general site plan to the Planning Board which shall
show (unless one or more items are waived by the Planning Board) property lines,
including metes and bounds, adjacent public streets, topography, size and location
of existing or proposed structures, and the applicant shall submit such other plans
and information and any other features deemed reasonably necessary by the
Planning Board for adequate study of the proposed plan. The application shall
also include any documentation required to comply with the New York State
Environmental Quality Review Act.
3 . The Planning Board may require such changes in the general site plan as are
necessary to meet the requirements of this Ordinance and may make any other
recommendations which it deems necessary to promote the general health, safety,
morals and the general welfare of the community. The Planning Board shall then
adopt a resolution recommending to the Town Board approval, approval with
modifications, or disapproval of the proposed plan. Before any such resolution
is adopted, the Planning Board shall hold a. public hearing which shall be heard
by the Planning Board within 62 days of the filing of the completed application
with the Planning Board . For this purpose, and notwithstanding the terms of
Town Law and the State Environmental Quality Review Act and regulations
thereunder, an application shall be deemed preliminarily complete upon receipt
of all required application materials including SEQR forms needed to determine
the environmental significance of the proposed action. If the Planning Board
determines the proposed action may have a. significant environmental impact, such
application shall no longer be deemed complete until receipt of a final
environmental impact statement and until all related SEQR proceedings are
completed . Notice of any such hearing shall also follow the Public Hearing
Notification Procedures for Site Plans set forth in this ordinance. The Planning
Board shall make its recommendation within 62 days after the hearing and shall
forward the same to the Town. Clerk.
4. The Town Board shall then hold a public hearing on the proposed zone with the
same notice required by law in the case of an amendment to the Zoning
Ordinance . Notice of any such hearing shall also follow the Public Hearing
Notification Procedures for Site Plans set forth in this ordinance. If the Town
Board establishes such zone after such hearing, it shall define the boundaries
thereof, approve the general site plan and impose any modifications and
additional requirements as it may determine. Before finally establishing any such
zone, the Town Board may refer the application to the Town Planning Board or
the Board of Appeals for such further consideration as the Town Board may
require. No building permit shall, in any case, be issued on the basis of a general
site plan.
5 . Whenever a zone is created pursuant to the provisions of this Article, the owner
shall be bound by the general site plan as approved and adopted by the Town
Board. "
Section 10 . The present Section 801 - Sflhi PLANS RELATED
TO SPECIAL PERMITS , is deleted, and a new Section 801 - SITE PLANS RELATED TO
SPECIAL PERMITS, is inserted to read as follows :
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" Section 801 - SITE PLANS RELATED TO SPECIAL PERMITS. When applying
for a special permit pursuant to the procedures hereinafter set forth, a site plan shall be submitted
in accordance with this section.
1 . The site plan shall show (unless one or more items are waived by the Planning
Board) property lines, including metes and bounds, adjacent public streets,
topography, size and location of existing or proposed structures, and such other
plans and information and any other features deemed reasonably necessary by the
Planning Board for adequate study of the proposed plan.
2. The Planning Board may require such changes in the site plan as are necessary to
meet the requirements of this Ordinance and may make any other changes which
it deems necessary to promote the general health, safety, morals, and the general
welfare of the community. The Planning Board shall then adopt a resolution
(which resolution may be in conjunction with the resolution regarding approval
or disapproval of the special permit itself) either approving, approving with
modifications, or disapproving the proposed plan. Before any such resolution is
adopted, the Planning Board shall hold a public hearing which shall be heard by
the Planning Board within 62 days of the filing of the completed application for
the Special Permit with site plan with the Planning Board. For this purpose,
determination of the completeness of the application shall include the provisions
set forth above for general site plans. Notice of any such hearing shall also follow
the Public Hearing Notification Procedures for Site Plans set forth in this
ordinance. The Planning Board shall make its determination within 62 days after
the hearing except as such time may be modified for compliance with
environmental review requirements and other laws and regulations.
3 . The owner and applicant shall be bound by the final site plan as approved by the
Planning Board . "
Section 11 . The present Section 802 - FINAL SITE PLAN APPROVAL AND
MODIFICATIONS OF SITE PLANS , is deleted, and a new Section 802 - FINAL SITE PLAN
APPROVAL AND MODIFICATIONS OF SITE PLANS is inserted to read as follows :
"Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF
SITE PLANS.
1 . After a Commercial Zone, Planned Development Zone, Mobile Home Park Zone
or any other special land use zone has been established by the Town Board and/or
whenever a specified development or changes in the general plan are proposed,
or whenever a site plan is required by any other provision of this Ordinance, or
whenever a change in the physical conditions of a site is proposed for such a zone
that may have been created prior to there being a requirement for a site plan, a
site plan for the proposed use must be submitted and approved by the Planning
Board before a building permit may be issued. If the original site plan submitted
in connection with the initial creation of the zone or the granting of the Special
Permit was of sufficient detail and contained sufficient information as to
constitute, in the Planning Board's discretion, a final site plan, such original site
plan shall suffice. Otherwise, the applicant shall submit a detailed site plan
(hereinafter referred to as 'final site plan') in accordance with this Ordinance.
This final site plan shall show (unless one or more items are waived by the
Planning Board) property lines, including metes and bounds, adjacent public
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streets, topography, including existing and proposed contours, size and location
of structures, area and location of parking, off-street loading and access drives,
proposed signs and lighting, proposed landscaping and any other features deemed
reasonably necessary by the Planning Board for adequate study of the proposed
plan.
2. The Planning Board may require such changes as are necessary to meet the
requirements of this ordinance. If the final site plan is substantially similar to the
general site plan, no public hearing shall be required.
3 . The Planning Board shall hold a public hearing, unless such hearing has been
waived, within 62 days of the filing of the completed application for final site
plan approval . For this purpose, determination of the completeness of the
application shall include the provisions set forth above for general site plans .
Notice of any such hearing shall also follow the Public Hearing Notification
Procedures for Site Plans set forth in this ordinance. Within 62 days after the
hearing, or within 62 days of the filing of the completed application with the
Planning Board if the hearing has been waived, the Planning Board shall approve
or disapprove the final site plan. The owner shall be bound by the final site plan
as approved by the Planning Board.
4. If at any time subsequent to the approval of the final site plan, the owner wishes
to change the final site plan as approved, an application with the revised site plan
prepared in accordance with the requirements of this ordinance shall be submitted
to the Planning Board for the Planning Board's approval. In reviewing such
application for a modified site plan the Planning Board shall have all of the
powers it has with respect to reviewing an original application for site plan
approval and the same public hearing requirements, time limits, and other
procedures shall apply. Notwithstanding the . foregoing, if the modification
involves
(a.) construction or alteration of less than 1 ,000 square feet of enclosed space
whether on one or more stories; and
(b) construction or relocation of less than 3 parking spaces ; and
(c) construction, repairs, alterations, or renovations affecting the exterior of
a building or the site, (exterior work is anticipated to cost less than
$ 10,000 . 00), and
(d) enlargement of an existing building that involves an increase of square
footage of less than 10% of the existing square footage of the existing
building; and
(e) no alteration of proposed traffic flows and access; and
(f) no direct violation of any express conditions imposed by the Planning
Board in granting prior site plan approval,
or if the modification involves
(a) a movement or shift of a location of one or more buildings not more than
two feet in any direction from the location shown on the final site plan;
and
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(b) such shift does not alter proposed traffic flows or access; and
(c) such shift does not directly violate any express conditions (including,
without limitation, buffer zones, setbacks, etc. ) imposed by the Planning
Board in granting prior site plan approval,
then such modification may be made without requiring approval of the modified
site plan by the Planning Board. This waiver of the requirement of Planning
Board approval is not intended to permit construction in violation of any other
provision of the Zoning Ordinance including setback, side yard, and similar
regulations, or the requirement to obtain a building permit in those circumstances
when otherwise required by the terms of this ordinance . "
Section 12. A new Section 804 - PUBLIC HEARING NOTIFICATION
PROCEDURES FOR SITE PLANS, is inserted to read as follows :
" Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE
PLANS.
1 . Notice of any public hearing scheduled by the Planning Board for consideration
of a general, final, or modified site plan, including a site plan which is part of a
special permit application, shall be mailed to the applicant and shall be posted
and published in the official Town newspaper at least 5 days prior to the date of
such hearing, such notice to include the nature of the request and the time and
place at which it will be heard .
2. Notice of any public hearing scheduled by the Town Board for consideration of
an application for rezoning shall follow the same notice required by law in the
case of an amendment to the Zoning Ordinance .
3 . Notice of hearing as described in Paragraphs 1 and 2 above, and as provided in
Town Law are the only notifications required. However, in order to promote
public information, it is a policy of the Town that a similar notice of any such
public hearing be mailed or delivered by the applicant to all owners of property
within 500 feet of the boundaries of the property under consideration. The board
holding the hearing may, in its discretion, require that property owners within a
distance of more than 500 feet of such boundaries be notified, and/or may direct
Town staff to conduct the notification. Such mailing or delivery shall occur no
less than 5 days prior to the date of the public hearing. The applicant (or the
Town staff conducting the notification) shall file proof of such mailing or delivery
with the board holding the hearing no later than the date of the hearing.
4. Failure to notify property owners near a site for which a public hearing is
scheduled, shall not be a jurisdictional defect and any action taken by any board,
employee, or agent of the Town in connection with such hearing shall not be
nullified or voidable by reason of the failure to provide such notification.
However, the failure to provide such notification may be grounds, should the
involved board in its discretion so determine, to decline to conduct a scheduled
public hearing. The involved board may, on good cause shown, waive the above
described policy of property owner notification. "
The present Section 804 - GENERAL CONSIDERATIONS, is renumbered to be
Section 805 . The present Section 805 - OTHER PROVISIONS REGARDING SITE PLANS,
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is renumbered to be Section 806 . The present Section 806 - FAILURE OF TIMELY ACTION
BY TOWN BOARD OR PLANNING BOARD, is renumbered to be Section 807 .
Section 13 . The present Section 900 - GENERAL PROVISIONS, is deleted, and a
new Section 900 - GENERAL PROVISIONS, is inserted to read as follows :
"Section 900 - GENERAL PROVISIONS.
1 . PURPOSE. The purpose of this Article is to set forth regulations, procedures,
and conditions for establishing facilities and activities which, because of their
nature, location, or effect on the surrounding environment and the quality of the
community, warrant special evaluation of each individual case .
2. INITIAL AUTHORITY TO GRANT SPECIAL PERMITS . The initial authority
to grant Special Permits is delegated by the Town Board to the Planning Board
under the conditions and procedures set forth in this Article when the proposed
development is listed in the zone regulations as permitted with a Special Permit.
Granting or denial of a Special Permit may be appealed to the Town Board in the
manner set forth below.
3 . EXEMPTIONS. Any change which does not involve any new facility or activity
or addition thereto, nor any structural alteration, is exempt from the requirements
for Special Permit and subject only to Building and Zoning Permit procedures .
4. EXPIRATION. A Special Permit authorizes only the proposed work or the
proposed activity specified on the Special Permit. The permit expires if the
permitted activity ceases for more than six months for any reason whatever. The
permit expires for any proposed work if the work has not commenced within one
year.
5 . CONDITIONS ATTACHED TO THE ISSUANCE OF SPECIAL PERMITS .
In granting any Special Permit, the Planning Board may place such reasonable
conditions and restrictions as are directly related to and incidental to the
proposed Special Permit. Such conditions may include, but are not limited to, the
following:
(a) Placing a time limit on the duration of the Special Permit, after which
time limit the Special Permit would expire unless a renewed Special
Permit were granted by the Planning Board .
(b) Making the Special Permit personal to the applicant, and not transferable
unless a modified Special Permit were granted .
(c) Requiring a periodic Re uirin eriodic status report from the grantee of the Special Permit
or his agent, or requiring periodic inspections by the Code Enforcement
Officer, so that the Planning Board may be apprised of the compliance of
the involved property with the terms of the Special Permit, this
Ordinance, and other regulations.
(d ) Requiring the filing of the Special Permit, by the grantee, in the office of
the Tompkins County Clerk.
6 . EXISTING VIOLATIONS . No Special Permit will be granted for a lot where
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there exists a violation of this Ordinance at the time of application. "
Section 14 . The present title of Section 901 , GENERAL CONDITIONS REQUIRED
FOR ALL SPECIAL PERMITS, is deleted and a new title for Section 901 is inserted to read
as follows :
"GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL PERMITS " .
Section 15 . The present Section 902 - SPECIAL CONDITIONS FOR
DOUBLEWIDE MOBILE HOMES, is deleted . A new Section 902 is inserted to read as
follows :
" Section 902 - MISCELLANEOUS CONSIDERATIONS FOR SPECIAL
PERMITS. In addition to the General Considerations Required for all Special Permits, the
Planning Board may consider other factors, which may include but are not limited to the
following:
1 . FOR ANY LOT THAT INCLUDES ONE OR MORE DWELLING UNITS
FOR RENTAL :
(a) The presence of appropriate terms between the owner of the property and
any tenants related to noise control, animal control, parking, exterior
maintenance, and interior maintenance.
(b) The adequacy of provisions for enforcement of such terms by the owner
of the dwelling or the owner's designated agent, and, failing adequate
enforcement by the owner, provisions for the Town, at its option, to
enforce such terms at the owner's expense .
2. FOR A PERMANENT OR 'TEMPORARY SECOND DETACHED
DWELLING ON AN INDIVIDUAL LOT :
(a) The adequacy of the lot area for each dwelling unit.
(b) If the second dwelling is temporary, the adequacy of terms related to
removal of such dwelling when it is no longer needed for its intended
purpose. "
Section 16 . The present Section 903 - PROCEDURE FOR SPECIAL PERMITS, is
deleted, and a new Section 903 - PROCEDURE
FOR SPECIAL PERMITS , is inserted to read as follows :
"Section 903 - PROCEDURE FOR SPECIAL PERMITS .
1 . Special Permit applications are taken by the Code Enforcement Officer. When
the Code Enforcement Officer finds that the application is complete for the
particular type of Special Permit the application and associated documents are
forwarded to Planning Board . The application shall include a site plan in the
form required by this Ordinance above, with such variations or modifications
from such requirements as the Planning Board may, in the particular
circumstances, permit by waiver.
2. The Planning Board shall hold a public hearing to consider the Special Permit,
and shall subsequently issue a decision, pursuant to the same procedures (except
as modified by this Ordinance) and within the same time limits as are set forth in
the provisions of Section 801 , "Site Plans Related to Special Permits", and
Section 804, "Public Hearing Notification Procedures for. Site Plans " within. this
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Ordinance .
3 . In making its decision the Planning Board shall determine whether the proposed
development satisfies the conditions and requirements set forth in this Ordinance
and its decision shall be in accordance with the requirements of this Ordinance.
4 . In case of a. protest against the proposed facility or activity signed by owners of
twenty percent or more of the area of the land within 100 feet of the lot on which
the proposed facility or activity is to be located, a Special Permit may not be
issued by the Planning Board except by a favorable vote of five members of the
Planning Board .
5 . Upon approval of any Special Permit application, the Code Enforcement Officer
shall issue the Special Permit. "
Section 17 . The present Section 906 - APPEAL OF PLANNING BOARD
DECISION, is deleted, and a new Section 906 - APPEAL OF PLANNING BOARD
DECISION, is inserted to read as follows :
"Section 906 - APPEAL OF PLANNING BOARD DECISION.
1 . A decision of the Planning Board granting or denying a Special Permit may be
appealed to the Town Board by
(a.) The applicant, if the Special Permit is denied or granted with conditions
unacceptable to the applicant; or
(b) The owner or owners of twenty percent or more of the area of the land
within 100 feet of the lot on which the proposed facility or activity is to
be located, if the Special Permit is granted .
2 . An appeal shall be fled with the Town Clerk in writing within fifteen days of the
filing of the decision of the Planning Board with the Town Clerk, or within thirty
days of the meeting at which the Planning Board made its decision, whichever is
earlier . The appeal shall state the reasons for the appeal and, in the case of an
appeal from the granting of the permit referred to in subparagraph 1 (b) above,
shall be signed by the owners of the requisite amount of land area. If the appeal
is by the applicant, the appeal shall be signed by the applicant.
3 . The written appeal shall be accompanied by the fee established by the Town
Board for hearing such appeals.
4 . The Town Board shall set a. public hearing to hear the appeal, which public
hearing shall be held within 60 days of receipt of the appeal with all applicable
fees, unless the time is extended with the consent of the applicant. Notice of such
hearing shall be given by publication in the official Town. Newspaper at least five
days prior to such hearing and shall also be mailed by the appellant(s) to all
owners of property contiguous to the boundaries of the property under
consideration in the same manner as notice of the public hearing before the
Planning Board set forth above. The Town Board may direct the appellant(s) to
provide notice of the hearing to any person owning land within 500 feet (or such
lesser distance as the Town Board may determine) of the perimeter of the
boundary of the property under consideration. The Town Board at its discretion
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may direct Town staff, instead of the appellant(s) to conduct the above described
mailings.
5 . The Town Board shall affirm the Planning Board's decision if it finds that such
decision was in compliance with the requirements of this Ordinance .
6 . Jfthe Town Board is unable to make the foregoing findings, the Planning Board's
decision shall be reversed, unless the Town Board finds that with modifications
or new or additional conditions, the Planning Board's decision as modified will
be in compliance with the requirements of this Ordinance. In that event, the
Town Board shall affirm the Planning Board's decision with such modifications
and/or new or additional conditions as the Town Board reasonably deems
necessary in order to so affirm. In making its decision, the modifications and/or
conditions may include approving, disapproving, or approving with modifications
any related site plan.
7 . The Town Board shall render its decision within 62 days of holding the public
hearing unless the time is extended with the consent of the applicant. Failure to
act within any time limits set forth herein shall not be deemed an affirmance or
reversal of the Planning Board's decision.
8 . If the decision approves the issuance of the permit, the Code Enforcement Officer
shall issue the Special Permit, as affirmed by the Town Board , with such
conditions, if any, as were finally approved by the Town Board. If the decision
disapproves the issuance of the Special Permit, the Town Board shall direct the
Code Enforcement Officer to revoke the Special Permit. Any construction,
development, or other expenses incurred by an applicant who was granted a
Special Permit by the Planning Board, which grant is subject to appeal, shall be
at the peril of the applicant or the owner of the subject property, and shall not
give rise to any claim for damages by that applicant or owner. "
Section 18 . The present Section 1101 - PERMIT TO BUILD, is deleted, and a new
Section 1101 - PERMIT TO BUILD, is inserted to read as follows :
" Section 1101 - PERMIT TO BUILD.
1 . REQUIREMENT OF BUILDING PERMIT. No principal building or accessory
building, nor any other structure, including but not limited to, tanks, power and
pump stations, swimming pools, and signs, in any zone, shall be begun, erected,
constructed, enlarged, improved, renovated, repaired., or altered , without a permit
to build, issued by the person designated by the Town Board, except that no
building permit shall be required for the work described below, which work shall
nevertheless comply with the New York State Uniform Fire Prevention and
Building Code, any successor statute, and any other pertinent regulations :
2 . WORK EXEMPT FROM BUILDING PERMIT :
(a) Repairs, alterations, or renovations to existing buildings provided that the
repairs, alterations, or renovations :
(i) cost (in the aggregate over a one year period) less than
$ 10,000 . 00 ;
(ii) do not materially affect structural features of the building;
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(iii) do not affect fire safety features such as
smoke detectors, sprinklers, required fire separations and exits ;
(iv) do not involve the installation or extension of electrical systems;
and
(v) do not include the installation of solid fuel burning heating
appliances and associated chimneys and flues.
(b) An accessory structure in a residential zone, provided that such structure :
(i) costs less than $ 10,000 . 00 ;
(ii) is one story or less in height and comprises less than 150 square
feet of gross floor area;
(iii) does not involve the installation or extension
of electrical systems; and
(iv) does not include the installation of solid fuel burning heating
appliances and associated chimneys and flues .
(c) A project which does not include a conversion of occupancy or use
classification, or a relocation of a building or structure as defined in the
New York State Uniform Fire Prevention and Building Code or any
successor statute.
(d) Signs in any zone when approval of the Board of Appeals or Planning
Board is not required for same .
(e) Non-residential farm buildings, including barns, sheds, poultry houses, and
other similar buildings provided the proposed construction is solely used
for agricultural purposes .
2. COMPLIANCE WITH OTHER LAWS . This waiver of the permit to build
requirement for certain alterations, accessory structures, and parking spaces shall
in no case relieve the property owner from compliance with the provisions of this
ordinance or of the New York State Uniform Fire Prevention and Building Code,
or any successor statute.
3 . CALCULATION OF COST. Costs shall be assumed to include both labor and
materials . In cases where cost information is not readily available to the Code
Enforcement Officer and there exists a question of the value of any alteration or
addition, the Code Enforcement Officer shall have the discretion to make an
estimate of such labor, material, and other costs. Labor costs shall be estimated
to be at least equal to Federal minimum labor standards in effect at the time.
4. REQUIREMENT FOR VARIANCE . No permit to build shall be issued except
pursuant to written order of the Board of Appeals, where the proposed
construction, alteration, or use would be in violation of any provision of this
Ordinance . No such permit shall be issued, except pursuant to written order of
the appropriate authority granting variances where the proposed construction,
alteration, or use would be in violation of any provision of the New York State
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Uniform Fire Prevention and Building Code or any successor statute.
5 . CONTENTS OF PERMIT APPLICATION. Every application for a building
permit shall state in writing the intended use of the structure and shall be
accompanied by a plot plan with all dimensions shown indicating the size and
shape of the lot and structures. Every such application shall also contain
additional information as may be reasonably required by the Code Enforcement
Officer including such information as the intended number of occupants, the
number of rooms, statement as to whether any portion will be occupied by the
owner or will be leased, and an interior plan showing number and layout of
rooms. In addition, such application shall include such additional information as
may be reasonably required by any other officer authorized to issue such permit
or as may be required from time to time by the Town Board .
6 . FEES . Every application for a building permit shall be accompanied by a fee in
an amount computed in such manner as may be established by the Town Board
in any law, ordinance, or resolution applicable to building permit fees.
7 . EXPIRATION OF PERMIT . Unless there has been substantial progress, in the
opinion of the zoning enforcement officer, in the work for which a building
permit was issued, said building permit shall expire one year from the date of
issue . At the option of the applicant, such permit may be extended for one or
more additional years upon payment of one-half the fee for the original permit for
each renewal.
8 . APPROVAL OF COUNTY HEALTH DEPARTMENT . No building permit or
certificate of occupancy issued under terms of this ordinance shall become or
remain valid unless the holder thereof complies with rules and regulations of the
State of New York and the Tompkins County Sanitary Codes. "
Section 19. The present Section 1102 - APPROVAL OF COUNTY HEALTH
DEPARTMENT, is deleted . A new Section 1102 - SPECIAL CONDITIONS FOR
DOUBLEWIDE MOBILE HOMES , is inserted to read as follows :
" Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE
HOMES . No Building Permit shall be issued for the erection of a doublewide mobile home
unless the home meets the requirements for approval of same set forth above, and unless the
proposed construction and installation of the home meets the following requirements along with
all other pertinent provisions of this ordinance :
1 . The proposed mobile home shall comply with all federal when applicable, and
if not applicable, state and/or local standards, codes and regulations for mobile
homes and will have all required certifications indicating such compliance.
2. The mobile home will be mounted on a permanent perimeter or pier system
foundation consisting of cinder blocks, concrete, or a sustantially similar
construction material, with appropriate footings of concrete below the frost line.
Tiedowns or ground anchors shall be Stalled . All wheels and axles will be
removed.
3 . Any non-perimeter foundation system shall be enclosed by skirting securely
fastened and extending from the outside wall of the home to ground level around
the entire home. The skirting shall be constructed of sturdy material. The
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material and its installation shall be capable of withstanding extreme weather
conditions. The finished appearance of the skirting shall resemble the appearance
of a perimeter masonry foundation customarily used for homes constructed
entirely on site .
4 . The mobile home, when erected, shall be at least 24 feet wide.
5 . All wheels and axles will be removed . "
Section 20 . The present Section 1104 - BOARD OF APPEALS , is deleted, and a new
Section 1104 - BOARD OF APPEALS, is inserted to read as follows :
"Section 1104 - BOARD OF APPEALS. There is hereby established a Board of
Appeals which shall function in a manner prescribed by Sections 267, 267-a, 267-b, and 267-c
of Article 16 of the Town Law of the State of New York except as the same are superseded by
the provisions below.
1 . BOARD MEMBERS. There shall be five members of the Board of Appeals .
The members of the Board of Appeals shall be residents of the Town of Danby
and shall be appointed by the Town Board to serve for terms as prescribed by
law. No person who is a member of the Town Board shall be eligible for
membership on the Board of Appeals.
2 . OFFICERS. The Town Board shall designate the Chairperson of the Board of
Appeals . The Board of Appeals shall choose a Vice Chairperson, who shall
preside in the absence of the Chairperson. In the absence of both the Chairperson
and Vice Chairperson, the Board of Appeals shall choose one of its members as
Acting Chairperson. Such Chairperson, or Acting Chairperson, may administer
oaths and compel the attendance of witnesses. The Board of Appeals shall
appoint a Secretary who shall take minutes of all its meetings and keep its
records. Said Secretary need not be a member of the Board.
3 . RULES AND REGULATIONS. The Board of Appeals shall adopt from time
to time such rules and regulations as it may deem necessary to carry into effect the
provisions of this ordinance and all its resolutions and orders shall be in
accordance therewith.
4. APPEALS TO THE BOARD. Any person aggrieved by any decision of any
officer of the Town charged with enforcement of this ordinance may take an
appeal to the Board of Appeals. The Board of Appeals shall, in accordance with
the provisions contained in this Ordinance, and in accordance with the provisions
of Town Law Sections 267 et. seq. (except as the same are superseded by the
provisions of this Ordinance), hear and determine appeals from any refusal of a
building permit or certificate of occupancy by the person designated by the Town
Board , or review any order or decision of said person where such order or
decision is based upon the requirements of this ordinance. Such Board shall also
hear and determine any other matter referred to it by the provisions of this
Ordinance or any other law, regulation or resolution.
5 . PROCEDURES FOR REVIEWING APPEALS . Before issuing any final
determination or decision on an appeal, the Board of Appeals shall hold a public
hearing as provided in Town Law Sections 267 et. seq . Notice of any such public
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hearing shall be mailed to the applicant and shall be posted and published in the
official Town newspaper at least 5 days prior to the date of such hearing, such
notice to include the nature of the appeal and the time and place at which it will
be heard .
6 . Notice of hearing as described above and as provided in Town Law are the only
notifications required. However, in order to promote public information, it is a
policy of the Town that a similar notice of any such public hearing be mailed or
delivered by the appellant to all owners of property within 500 feet of the
boundaries of the property under consideration. The Board of Appeals may, in
its discretion, require that property owners within a distance of more than 500
feet of such boundaries be notified, and/or may direct Town staff to conduct the
notification. Such mailing or delivery shall occur no less than 5 days prior to the
date of the public hearing. The applicant (or the Town staff conducting the
notification) shall file proof of such mailing or delivery with the Board of
Appeals no later than the date of the hearing.
7 . Failure to notify property owners near a site for which a public hearing is
scheduled, shall not be a jurisdictional defect and any action taken by any board,
employee, or agent of the Town in connection with such hearing shall not be
nullified or voidable by reason of the failure to provide such notification.
However, the failure to provide such notification may be grounds, should the
Board of Appeals in its discretion so determine, to decline to conduct a scheduled
public hearing. The Board of Appeals may, on good cause shown, waive the
above described policy of property owner notification. "
Section 21 . The present Section 1105 - VARIANCES, is deleted, and a new Section
1105 - VARIANCES, is inserted to read as follows :
" Section 1105 - 'VARIANCES. The Board of Appeals, on appeal from the decision or
determination of the Code Enforcement Officer, shall have the power to grant use and area
variances (as the same are defined in Town Law Section 267 et. seq. ) . "
Section 22 . APPENDIX I - DEFINITIONS, is amended as follows : the definition
of LOT, AGRICULTURAL, is deleted . A new definition is inserted, reading as follows :
" MANUFACTURED HOME - A dwelling which incorporates structures or components
which are wholly or in substantial part manufactured in a manufacturing facility, for installation
on a building site. "Manufactured Home" includes "Mobile Home" and "Modular House". "
Section 23 . If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local law.
Section 24. This local law shall take effect upon its publication as required by law.
( PUBLISHED SEPTEMBER 20 , 1995 ) ell")
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