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HomeMy WebLinkAboutLL 03 of 2011 Commercial Zones Generally amendmts TOWN OF ITHACA LOCAL LAW NO. 3 OF THE YEAR 2011 A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE,ARTICLE XIII, TITLED COMMERCIAL ZONES GENERALLY, TO ADD PROVISIONS RELATED TO LIMITED HISTORIC COMMERCIAL ZONES, TO REVISE ADDITIONAL SPECIAL REQUIREMENTS,AND TO CLARIFY DRIVE- THROUGH OPERATIONS REQUIREMENTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning),Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, is amended by deleting § 270-115, titled"Minimum area for commercial zone," and replacing it with a new § 270-115 reading as follows: "§ 270-115. Minimum area for commercial zone. A minimum tract of two acres is required for the development of a Commercial Zone except for developments in the following zones: A. A Neighborhood Commercial Zone, for which the minimum tract required is one acre; B. A Vehicle Fueling and Repair Zone, for which the minimum tract required is 30,000 square feet; and C. A Limited Historic Commercial Zone, for which the minimum tract required is 15,000 square feet." Section 2. Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, § 270-118 titled"Building area," is amended by adding the phrase except in a Limited Historic Commercial Zone, in which the maximum building area shall not exceed 25% of the lot area" at the end of the first sentence, so that the first sentence reads as follows: "The maximum building area shall not exceed 30% of the lot area, except in a Limited Historic Commercial Zone, in which the maximum building area shall not exceed 25% of the lot area." Section 3. Chapter 270 (Zoning), Article XIII(Commercial Zones Generally) of the Town of Ithaca Code, is amended by deleting § 270-120, titled"Size and area of lot," and replacing it with a new § 270-120 reading as follows: 02/09/11 1 "§ 270-120. Size and area of lot. A. Lots in all Commercial Zones except Limited Historic Commercial Zones shall meet the following minimum requirements: (1) Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available, otherwise the minimum lot area shall be at least two acres; and (2) Minimum width at the street line shall be 100 feet; and (3) Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and (4) Minimum depth from the street line shall be 200 feet. B. Lots in Limited Historic Commercial Zones shall meet the following minimum requirements: (1) Minimum lot area shall be at least 15,000 square feet; and (2) The minimum width at the street line, the minimum width at the maximum required front yard setback line, and the minimum depth from the street line shall be those required by the zoning district in which the property was located immediately prior to the adoption of the Limited Historic Commercial Zone." Section 4. Chapter 270 (Zoning),Article XIII(Commercial Zones Generally) of the Town of Ithaca Code, § 270-122, titled"Additional special requirements,"is amended as follows: 1. Delete subsection C, titled`Buffer areas and screening," and replace it with a new subsection C reading as follows: "C. Buffer areas and screening. (1) The following buffer requirements apply in all Commercial Zones except Limited Historic Commercial Zones. No structure shall be placed closer than 50 feet to any residence zone and thirty feet to any other zone. 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. (2) The following requirements apply in all Commercial Zones. No waste or refuse shall be placed outside any building in a 02/09/11 2 Commercial Zone except that an area common to all businesses, or a separate area for each business may be reserved at the rear of the structure or structures. These areas shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in any applicable buffer area as set forth above. No refuse shall be burned on the premises." 2. In subsection D, titled "Additional screening," add the phrase "in all Commercial Zones (including the Limited Historic Commercial Zone)" after the phrase "In addition to the landscaping, screening, fencing and buffer requirements set forth above," add the word"plan" after the word"site" in the phrase "site review process", and add the word "earth"before the phrase "berm were not provided", so that subsection D reads as follows: "D. Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, in all Commercial Zones (including the Limited Historic Commercial Zone) additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site plan review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or earth berm were not provided." 3. In subsection E, titled"Supplemental limitations," delete the word"auxiliary," delete the phrase "take place only in connection with products or services offered for immediate sale or direct service to customers on the premises, and" and replace it with the word"create", and delete the phrase "created thereby shall be experienced" so this subsection reads as follows: "E. Supplemental limitations. In the event that any of the uses permitted in any of the Commercial Zones involve small-scale assembly, repair, processing, fabrication, or cooking, such activity shall create no objectionable noise, smoke, odor, vibration or disorder beyond the lot lines of said businesses." Section 5. Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, is amended by deleting § 270-123,titled"Drive-though operations," and replacing it with a new § 270-123 reading as follows: "§ 270-123. Drive-through operations. Drive-up or drive-through facilities are not allowed in a Commercial Zone unless the provisions applicable to the zone specifically state they are allowed. The inclusion of a 02/09/11 3 use that may occasionally or often have a drive-up or drive-through facility associated with it, such as a bank, does not authorize drive-up or drive-through facilities for that use without a specific statement in the provisions applicable to the zone that such facilities are allowed." Section 6. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 7. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 02/09/11 4