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:
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"§ 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
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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
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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.
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