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Home My WebLink AboutLL 2001 #1 & #2 Medium and Low Density Zones 1J 1= turF lIfA 11 STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 1 223 I-000 I RANDY A. DANIELS SECRETARY OF STATE AUG 6 ;. . August 1, 2001 JOHN C. BARNEY BARNEY, GROSSMAN DUBOW & MARCUS 119 E SENECA ST, STE 400 ITHACA, NY 14850 RE : Town of Danby, Local Law 2 , 2001, filed 07/18/2001 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request . Sincerely, /2140%4 Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 :,• • tvim f ,'\j WWW.DOS,STATE.NY.US • E-MAIL: INFO @DOS.STATE.NY.US RECYCLED PAPER NEV YORK STATE DEPARTMENT OF STATE r1+ .Local Lay/ Filing `i62 WASKINGTON AVENUE; ALBANY, WY 12231 (Use this form to file a local law with the Secretary of Statc.) Text of law should be given as amended. Do not include matter being eliminated an. - •. use italics or underlining to indicate new niattei. 1 2 . . • X71 of Danby t.//, 0� 4 : ,' _u _ , ,/�. r CS Local Law No. • 2 of the year 10 C.'pg0. • A local law Amending the Zoning Ordinance tQ Eliminate Meclitim ∎e$'s•ty Residen 1 . nnett Titles �� Zones from the eommerci)al Target Area . L .• Jac it enacted by the To.wn...fRar.d. • of the (Nam° of Legislative Body) • County • • $itq Danby . • Town °f as follows: iLHI&ge• • • TOWN OF DANBY . . LOCAL LAW NO. 2 OF 2001 • A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE MEDIUM DENSI.TY RESIDENTIAL ZONES FROM THE COMMERCIAL • TARGET AREA • Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further • amended as set forth in the following section. • Section 2. Article VI, Section 603, subparagraph 1 entitled"LOCATION OF COMMERCIAL TARGET AREA" is hereby amended to read as follows: "1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the Town of Danby Zoning Map designated High Density Residential Zones are the Commercial Target Area." • Section 3. -Article IV, Section 401, entitled "MAP" is hereby amended to read as follows: • "Section 401 —MAP. Said zones,.except for the Commercial Target Area . and Mobile Home Park Zones, are bounded as shown on a map entitled"Zoning Map Town of Danby" adopted December 11, 1991, and signed by the Town - • Clerk. Details of existing Commercial Zones and Planned Development Zones are shown in the Supplement to Town of Danby Zoning Map Showing Details of Commercial Zories and Planned Development Zones" dated December 11, 1991 •-•---• accompanying the Zoning Map. Said map, map supplement, and.all explanatory . matter thereon and amendments thereto are hereby made a part of this Ordinance. (If additional space Is needed, attach pages the same size as this sheet, and number each.) (I) nnc.,tn (Pm,.. 7/9n) The Commercial Target Area consists of all the Commercial Zones and all of the High Density Residential Zones shown on said map. Certain existing Planned Development Zones (formerly known as Planned Development Districts) are shown on said map. New Commercial Zones, Planned Development Zones, and Mobile Home Park Zones may be created as set forth in this Ordinance." Section 4. 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 5. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. (Complete the certification in the paragraph that applies to the thine of this local Iaw and sfrilcc out that which 15 not a},ylie T ]e.) • • • • 1. (Final adoption by local lcgislntire budy °Lily.) . . I hereby certify that the local law annexed hereto, designated as local law No.' 2 • oC the (County)(City)(Town)(Village) of Danby of 2001 Town Board on June 11 • was duly passed b - (Itame of Legiitative SodyJ 2pOl,, in accordance with the a licable ) the DP provision of law, • 2. (Passage by Iocal I-glslativc body with . .proval, no disa. ppro al or repassage a oi disapproval . by the Finr.t(ve • lief Executive Offi :r'.) . I hereby certify t at the local law ann- ed hereto, designa -d as Iocal law No of the (County) 'ity)(Town)(Viilage of of 19 was duly • ssed by the 'erne or ego .:IYe body) o' 19 , and was (app veci)(not disapproved) apae:ed after disapprov , by the and was dee eri curly adopted ( eet v ,e Executivi-Of leer') on 19 • m in accordance with the applicable provisions of law. . • • • 3. (Final adopt •n by referendu •) / ' I hereby cert• y-that the local w annexed hereto, designated as ocal law•No. of the (Cou ty)(City)(To�vn) 'hinge) of 19_. on 19 was duly pa ed by the Lime of eQi.lstive }3ody) , a • was (approved) of disapproved)(r• .assed after • disapp •val) by the o . -eetty. Ch,. :e:x.e ive OlGeer SL]C11 local aw was sub• fitted to the peo.Ie by reason .0 a (mandator ' y)(p= missive) rcferen• rn, and received a affirmative vo e of a majority .1 the qua(ifi •A electors voting tt -reon at the (gene al)(special)(annual election held on -1=' , in accordance with the app 'cable provisions : law. . - • 4. (Subject •. permissive rcferendu :rid final adoptlo• because no v'ali-: petition was ',led requesting rcfernd -m,) I hereby :.rtify that the'local la anne :ed hereto, 'csignatcd as Io 1 law Nu, of the ( •unty)(City)(Town)( illage) of of 17 was duly .assed by the 1 p °n and •as (v pp roved)(n : disapproved) epassed after• Legllativo I odd disap,,roval) by the • ective Chic! Executive •racer•) on 1'_ Such IOC law was subject i0 per issive reCerend m and no valid petition requesting .uclt referendum as filed as oL. in accordance wit the applicable provisions of law. l9— • 'Electlre Chief Executive Officer Inea?lb ur includes the chief executive officer of h county elected on a county-wide basis or, If there bc' none, the chairman of the county legislative body, the mayor of a city or village, or the :upervlsor or a toK,I ,ri,ero suLll officer Is vested tivltlt the power to approve or veto local lows or ordinances. , . • (2) • • • . (C1ty local Iaw concc . ng Charter revision : 'posed by petition,) T hr.rrhy certify t the local law annexe• ereto, designated as local law •o. • of the City of - � �� o • having .-en submitted to referendum ursuant to the prove ns of section (36)(37) o the i`,lunicipr.l Homc Rule La , and l:aviub received the affi iative vote of a rn•jority of the qualified c ctors of such city voting there• . at the (:peciai)(general) elec ' n held on 19 , bets c operative. • • • 6. (County local aw cuucerniu, a .uptiun of Charts•.) I hereby certi that the Iocal 1 ' annexed herct• designntec{ as 1. al law No. . . of 19 of the Coun of , State of New Y• k, having• • en submitted to the electo at the General lection of Nove • er 19 , pursu t to subdiv'.ions 5 and 7 of section "., of the Munici.al Mome Rule L - , and having re• ived the affirm. we vote of majority of th qualif' d electors of t . cities of said co .my as a unit an. of a majority of c quaiifie• tier-tots of the wns of s d county consi•ered as a unit vo ng at said gener. election, becam= operative: ( any other au' torized form of naI adoption has ceri'followed, p' ase provlde .n apprbpritate erlificatioit.) • • • • 1 further cortify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. .• ' • U(��1, tom/ ' - ' Ctetk vt u,. County le,eiactre troey �� 'lownown o %.lcrk or officer designated by local 1 gilaative l,ociy (Seal) Date: June 19, 2001 • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of Iocality.) . STATE OF NEW yORFC COUNTY OF Tompkins • I, the undersigned, hereby certify that the foregoing local law contains the cc rest text and that all proper proceedings have bean had or taken fur the enactment of the ca law annexed hereto. 3ignatu: � own County, • • Town o1 �n n►�u • art-i?�;rg-e Date: t�i/l' L R e1■490f (3) pp�r STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET AUc ALBANY, NY 12 23 I-000 I RANDY A. DANIELS . .."" .- SECRETARY OF STATE "-- August 1, 2001 JOHN C. BARNEY BARNEY, GROSSMAN DUBOW & MARCUS 119 E SENECA ST, STE 400 ITHACA, NY 14850 RE: Town of Danby, Local Law 1, 2001 , filed 07/18/2001 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request . Sincerely, tirvm))40.44 Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 AA 2 Arr 4011 7 r� 5 I� } AU 17 20211 • DOS.STATE.NY.US • E-MAIL: INFO@ DOS.STATE.NY.US RECYCLED PAPER "Local Law`Filing . . WEW YORK STATE DEPARTMENT OF STATE ASHINGTON AVEkUE, ALAAUY, uY 12231 (Use this form to file a local law with the Secretary of State.) 2 , Text of law should be given as amended. Do not include matter being eliminated an go . .t d use Italica or underlining to indicate new matter. . .rc- o f D A N B Y 76 4,2 ge- G-, X00, "' r\ Local Law No. . 1 of the year ' 2001 = ,. • . f Amending .the Zoning Ordinance and Zoning Map to. Remove P,rovi.sion•s�-"fia A local law g --� Presently Reduce Lotin%xt?li' tle)Fronta a Dimension ., and Setbacks in Medium and'Low eUensity Residential Zones Along Existing Roads Shown as a Solid Line on the Zoning Map• and to Mod Myifctra 4p W iwaisions Related to Pre-Existing Lots and Nonconforming Lots of Record Be it enacted by the Town Board of the • • may- of Danby • Town as follows: LOCAL LAW NO.'1 OF 2001 • . • . • • A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW . DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A . ' SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING LOTS OF RECORD Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from tithe to time, be and the same hereby is further amended as set forth in the following sections. Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby amended to read as follows: "Section 505 —PRE-EXISTING LOTS. A small lot, which was a legal building • lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot) and which does not meet the minimum requirements of this Ordinance for the zone in which it is located after the time,the • .Ordinance was adopted (or so amended), may be used for any use permitted within said zone provided that all structures on said lot otherwise comply with the terms of this" Ordinance. A building'already constructed on such a lot may be altered or enlarged . . • provided that the proposed alteration or enlargement otherwise complies with the terms of this Ordinance in effect at the time•of such alteration or enlargement" Section 3: Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL r t' ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as (Ir atTUllliifi'a�al space is needed, attach pages the he space size as this sheet, and number each.) ;:nnc.lzn (n,..,. 7/9n) ` . "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." Section 4. Article VI, Section 600, subparagraph 5 entitled"YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—fifty feet." Section 5. Article VI, Section 600, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled"BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 6. Article VI, Section 601 entitled"MEDIUM DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled"REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—thirty-five feet." Section 8. Article VI, Section 601, is hereby amended by deleting in its entirety subparagraph 6 entitled"REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA")to be subparagraphs 6, 7, and 8, respectively. Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF RECORD" is hereby amended to read as follows: "Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in which one single- or two-family dwelling is permitted, a single- or two- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot), provided such lot was a valid, lawfully existing lot at the time the Ordinance was adopted (or so amended). No minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and no height restrictions or parking requirements may be changed without a variance." Section 10. The Zoning Map of the Town of Danby, approved by the Town Board on December 11, 1991 and subsequently amended from time to time, is hereby amended by deleting the following note in the map margin: "NOTES: In LD and MD Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage is permitted per the terms of the Zoning Ordinance". Section 11. 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 12. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. (Complete the certification In the paragraph that applies to the filing of this local law and strike out that which Is not applicable.) • • • • 1. (Final adoption by local legislative burly uuly.) • • • • •• I hereby certify that the local law annexed hereto, dcsignatrc] as local law No.• 1 of the (County)(City)(Town)(Village) of Denby of :2001 Town Board was duly passed by the on June 11 2001 in accordance with the applicable provisions of law.ot LegiAlhtive body) • • 2. (Passage by local leglsl five body with approval, disapproval or rep sage after.disapproti' . by the F.Innttve Clt' . Executive Officer`.) • I hereby certify the the local law annexed I • reto, designated as al law No. of the (County) Ity)(Town)(Village) of or 19 ves duly passed by the On 19 nd was (approveci)(not d approved)(repaa:ed after 'erne of c• nave body) —' a — disappr% al) by the and was deemed duly ad ,pted on a.teetty• vie •Exeeutive Oiftcer•) 19 in cordance with the apt. icable provisions of Iaw. • • • • 3. (Final adoption .y referendum.) I hereby certify hat the local law anne ed hereto, designated as local law•No.. of the (Count (City)(Town)(Villagc) .0 of 19_ was duly passe by the arse of Le. elative -ody ° 1 s , and was (appro -d)(not disapproved)(re sed after disappro•al) by the on 19 -leett,,. h,. £X.cutiy. •Vicar Such lee aw was sub tted to the people t reason of a (ma .atory)(permissive) ferenduni, and rcceiv the affirmative vot of a majority oC .te qualified elector voting thereon at a (gencral)(special)(an al) election held on .19 , in accordance wi the applicable provisions of laNy, . • • 4. (Subject to permissive cferenduru and final a option because no van. •etltion was filed requc tag rcfcrndum,) I hereby certify tha •e"local law anne>:ed oreto, designated as loc. law /../u.• of the Count C' of 19 ( y)( y)(Town)(Vilinge) of w . duly passed the on 19 , an. was (appruved)(noc disap.roved)(repassc after t erne of Legitla • o ody • disapproval by the 19 Elective C cf Executive Officer') - �UC)1 Iocal law AS subject i0 permiss' 'e referendum and o valid petition reques 'ng such referendum was filed as of in ac .rdancc with the applicable provisions of law. • • • • 'Electivc Chic!' Executiye Officer ur includes the chief executive officer of h county elected on a county-wide basis or, If there be none, the chairman of the county legislative body, the mayor of a city or village, or the Supervisor of a town whert such ufficer Is vested tivltlt the power to approve or veto local laws or ordinances. • (2) • • . • (Cl`ty local law concerning Charter revs ion proposed by pet- Ion.) • T hereby certify tl . t the local law anne •d hereto, designate. es local law No. or 1- of the City of having been •omitted to referendum purs •ant to the provisions • • section (36)(37) o the I.4unicipal Horn. Rule Law, and I aviub received t affirmativ rote of a majorit of the qualified el, tors of such city vo 'ng thereon at th speciai)(general) election he 4 on 19 , becam•. operative. • 6. (C'unty local la concerning Adoption . Charter.) • I he;by certify at the Iocal law annex:d hereto, designn .d »s local Taw No. • of 19 of e County , State of N v 'York, havi• g been submit d to the electors the General Election • November 19 , p .rauant to sub••ivisions 5 and of section 33 .f the.Municipal Home •ule Law, and ha ing received the of 'rmative vote •-f a majority the qualifies electors of the cities o said county as a u it and of a majorit, of the qualif' d cicctols of he towns of sai. county considered as • unit voting at said .eneral election, be me operative. • (If .ny other authorized 'orm of final adoptio has been'followed please provide an approprit to certification.) • • I further certify that X have compared the preceding local law with the original On file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. • Ott,k of cl vuncy legialacive t?ody is ,Town or itiale lacrlc • or officer designated by local silaative body (Seal) Date: June 19, 2001 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of Iocality.) STATE OF NEW YORE COUNTY OF Tompkins I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had of taken fur the e;iectrnent of the .cal law annexed hereto. • 0MtirA Signature , Cuur t,„ • • • Town of �Dnh� Yl}•@•1,*•e • Date: T:// / q, oZ27&2 (3) i TOWN OF DANBY NOTICE OF ADOPTION OF A LOCAL LAW NOTICE IS HEREBY GIVEN, that at a regular meeting held on the 11th day of June, 2001 the Town Board of the Town of Danby duly adopted a local law of which follows: A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING LOTS OF RECORD Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following sections. Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby amended to read as follows: "Section 505 —PRE-EXISTING LOTS. A small lot, which was a legal building lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot) and which does not meet the minimum requirements of this Ordinance for the zone in which it is located after the time the Ordinance was adopted (or so amended), may be used for any use permitted within said zone provided that all structures on said lot otherwise comply with the terms of this Ordinance. A building already constructed on such a lot may be altered or enlarged provided that the proposed alteration or enlargement otherwise complies with the terms of this Ordinance in effect at the time of such alteration or enlargement" Section 3. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled"REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub- subparagraph(b) is hereby amended to read as follows: "(b) Minimum side yard width—fifty feet." Section 5. Article VI, Section 600, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled"SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—thirty-five feet." Section 8. Article VI, Section 601, is hereby amended by deleting in its entirety subparagraph 6 entitled"REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled"SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled"BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF RECORD" is hereby amended to read as follows: "Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in which one single- or two-family dwelling is permitted, a single- or two- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non- conforming lot), provided such lot was a valid, lawfully existing lot at the time the Ordinance was adopted (or so amended). No minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and no height restrictions or parking requirements may be changed without a variance." Section 10. The Zoning Map of the Town of Danby, approved by the Town Board on December 11, 1991 and subsequently amended from time to time, is hereby amended by deleting the following note in the map margin: "NOTES: In LD and MD Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage is permitted per the terms of the Zoning Ordinance". Section 11. 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 12. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. Carol W. Sczepanski Town Clerk Dated: June 19, 2001 Publish: June 21, 2001 Affidavit of Publication Requested TOWN OF DANBY NOTICE OF ADOPTION OF A LOCAL LAW NOTICE IS HEREBY GIVEN,that at a regular meeting held on the 11th day of June, 2001 the Town Board of the Town of Danby duly adopted a local law of which follows: A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE MEDIUM DENSITY RESIDENTIAL ZONES FROM THE COMMERCIAL TARGET AREA Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following section. Section 2. Article VI, Section 603, subparagraph 1 entitled"LOCATION OF COMMERCIAL TARGET AREA" is hereby amended to read as follows: "1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the Town of Danby Zoning Map designated High Density Residential Zones are the Commercial Target Area." Section 3. Article IV, Section 401, entitled"MAP" is hereby amended to read as follows: "Section 401—MAP. Said zones, except for the Commercial Target Area and Mobile Home Park Zones, are bounded as shown on a map entitled"Zoning Map Town of Danby" adopted December 11, 1991, and signed by the Town Clerk. Details of existing Commercial Zones and Planned Development Zones are shown in the Supplement to Town of Danby Zoning Map Showing Details of Commercial Zones and Planned Development Zones" dated December 11, 1991 accompanying the Zoning Map. Said map, map supplement, and all explanatory matter thereon and amendments thereto are hereby made a part of this Ordinance. The Commercial Target Area consists of all the Commercial Zones and all of the High Density Residential Zones shown on said map. Certain existing Planned Development Zones (formerly known as Planned Development Districts) are shown on said map. New Commercial Zones, Planned Development Zones, and Mobile Home Park Zones may be created as set forth in this Ordinance." Section 4. 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 5. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. Carol W. Sczepanski, Town Clerk Dated: June 19, 2001 Publish: June 21, 2001 Affidavit of Publication Requested. 'Loco) Law Filing NEV YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALRANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. • Toxu of DANBY • YiIl�gc- • Local Law No. • 1 or the year 2001 • • : A local law Amending .the Zoning Ordinance and Zoning Map to. Remove Provisions. That Presently Reduce Lotin $g-Cc �• • • •........ Y , )Frontage Dimensions and Setbacks tn.'�11i1ec1'ium and•'tow Density Residential Zones Along Existing Roads Shown as a Solid Line on the Zoning Map and to Mocljittyitctggie Wyr9ydsions Related to Pre-Existing Lots and Nonconforming Lots of Record -ernstrty— Be it enacted by the Town Board of the • • ' Y- of Danby • Town as follows: • LOCAL LAW NO..1 OF 2061 • • • • • A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP • TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW . DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN • PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING LOTS OF RECORD Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from tithe to time, be and the same hereby is further amended as set forth in the following sections. Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby amended to read as follows: "Section 505 -PRE-EXISTING LOTS. A small lot, which was a legal building • lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance • changing the lot to a non-conforming lot) and which does not meet the minimum requirements of this Ordinance for the zone in which it is located after the time the • • .Ordinance was adopted (or so amended), may be used for any use permitted within said zone provided that all structures on said lot otherwise comply with the terms of this Ordinance. A building'already constructed on such a lot may be altered or enlarged . . provided that the proposed alteration or enlargement otherwise complies with the terms of this Ordinance in effect at the time•of such alteration or enlargement" • Section 3: Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as (If at91111R 'coal space Is needed, Attach pages the same size as this sheet, and number each.) ; �l� 7rvn) "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." Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—fifty feet." Section 5. Article VI, Section 600, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled"BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—thirty-five feet." Section 8. Article VI, Section 601, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF RECORD" is hereby amended to read as follows: "Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in which one single- or two-family dwelling is permitted, a single- or two- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot), provided such lot was a valid, lawfully existing lot at the time the Ordinance was adopted (or so amended). No minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and no height restrictions or parking requirements may be changed without a variance." Section 10. The Zoning Map of the Town of Danby, approved by the Town Board on December 11, 1991 and subsequently amended from time to time, is hereby amended by deleting the following note in the map margin: "NOTES: In LD and MD Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage is permitted per the terms of the Zoning Ordinance". Section 11. 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 12. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. (Complete the certification In the paragraph that applies to the filing of this Iocal law and strilcc out that 11•Ilic}i h not applicable.) • • • • • X. (Final adoption by local legislative body uuly.) • I hereby certify that the local law annexed hiereto. designated RS local law Na. 1 of the (County)(City)(Town)(Village) of Danby of _y the Town Board was duly passed by t on June 11 2001 in accordance with tlic applicable provisiurts uC law, �itame of Leg-illative Body) • • 2. (Passage by local legisl Live body with approval, : disa PProval or rep sage aftci dlsapprov by the F.ier.tive Ch".. Executive Officer'.) • I hereby certify th. the local law annexed I • eto, designated as - al law No, of the (County) tty)(Town)(Village) of of 19 • . vas duly passed by lire on 19 .nd was (apprnvPCl nOt d'.a 'time of c• ta:tve boa;+) — — )( pproved)(repac:ed flier disappr•- al) by the and was deemeri duly ad ,,pted on l�(:teelty. I' ,e ExecutiveOticer') in cordance with the apt. ;cable provisions of Iaw, • 3. (Final adoption ty referendum.) • • I hereby certify hat the local law anne ed hereto, designated as local law•No, of the (Count (City)(Town)(Viilagc) .1 Of 19 o was duly passe by the Name of L . +lative Body) 1= • . • (Cl`ty local law concerning Charter rev! ion proposed by pet' lon,) • T hr.rr..l:,y certify ti , t the local law anne •d hereto, designate. es local Iaw No. of 1• of the City of having been •bmitted to referendum purs •ant to the provisions .£ section (36)(37) o the Municipal 1-fom• Rulc Law, and I aviub received t affirmativ vote • of a majorit of the qualified el tors of such city vo 'ng thereon at th speciai)(general) election he i on 19_, bccarn•. operative. • • • 6. (County Iocal la couccriti,tg adoptlon • Charter.) • • I he by certify at the Iocal law annex:d hereto, design:,' .d As local law NO. of 19 of e County , State of N v York, havi g•been submit d to the electors the General Election • Novemher 19_, p •rsuant to sub,•ivisions 5 and of section 33 •f the-Municipal Home ' ule Law, and ha mg received the of 'rmative vote -f a majority the qualifies electors CIF the cities n said county as a u it and of a majorit, of th.c qualif' d elcctots of he towns of sai• county considered as unit voting at said .eneral election, be me operative: • (If •ny other authorized 'orm of final adoptio has been•followed please provide an apprbprit to certification..) • • • • I further certify that I have compared the preceding local law with the original on file in this office.and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. • Ole1k vt tit vunty legtataclve ttooy a ,'fawn oc itTa`e lacrk or officer deeigneted by local gilaative t ody • (Seal) Dater June 19, 2001 • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) ST.ITE OF NEW YORK COUNTY OF Tompkins I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper pi-acceding: have been had or taken fur the enuot n eat of the local la'.v annexed hereto. • • • Signature 'ntt•• County ity • Town of • • Village Date: • • • • (3) • `LOG,a• Filing I Law Filin NEu YORK STATE DEPARTMENT OF STATE 6. b • 162 WASHINGTON AVENUE, AIRANY, NY 12231 (Use this form to file a local law with the Secretary of Statc.) Text of law should be given as amended. Do not include matter being eliminated and do not • use italics or underlining to indicate new matter. • 7'- of Danby • e • py• Local Law No 2 of the year 200i • ' ' • A local law Amending the Zoning Ordinance to Eliminate Meclit.im Density Residential . Zones from the 851rrnaMal Target Area • Re it enacted by tho TQw1:1...laoard. • • of the (Name of Lnei.lative Body) ntj' • • {p Danby Town °f as follows: e- • TOWN OF DANBY . LOCAL LAW NO. 2 OF 2001 • A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE MEDIUM DENSI.TY RESIDENTIAL ZONES FROM THE COMMERCIAL • • TARGET AREA • Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further • amended as set forth in the following section. Section 2. Article VI, Section 603, subparagraph 1 entitled"LOCATION OF COMMERCIAL TARGET AREA" is hereby amended to read as follows: "1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the Town of Danby Zoning Map designated High Density Residential Zones are the Commercial Target Area." • • Section 3. Article IV, Section 401, entitled "MAP" is hereby amended to read as follows: "Section 401 —MAP. Said zones,.except for the Commercial Target Area . and Mobile Home Park Zones, are bounded as shown on a map entitled"Zoning Map Town of Danby" adopted December 11, 1991, and signed by the Town • Clerk. Details of existing Commercial Zones and Planned Development Zones are shown in the Supplement to Town of Danby Zoning Map Showing Details of Commercial Zories and Planned Development Zones" dated December 11, 1991 -• • accompanying the Zoning Map. Said map, map supplement, and.all explanatory . matter thereon and amendments thereto are hereby made a part of this Ordinance. (If additional space Is needed, attach pages the space size as this sheet, and number each.) (I) • nnc.11n rn ., 'on) The Commercial Target Area consists of all the Commercial Zones and all of the High Density Residential Zones shown on said map. Certain existing Planned Development Zones (formerly known as Planned Development Districts) are shown on said map. New Commercial Zones, Planned Development Zones, and Mobile Home Park Zones may be created as set forth in this Ordinance." Section 4. 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 5. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. . . . (Complete the certification In the paragraph that applies to the filing of this local Jaw and strike out that which Is not apulicnLle.) • • 1. (Final adoption by local legislative burly uuly.) ••I hereby certify that the local, law annexed hereto, dcsignatr.d as local law No.' 2 of the (County)(City)(Town)(Village) of Danby • of 2001 Town Board was dal on June 11 duly passed by t (flame of Legi,lative Body) 20tH,, in accordance with the applicable provisions of law, • 2. (Passage by local 1•gislative body with - .proval no d}sa ' • ppro al or repassage a cr'disapproval by the Flar.ttve • lief Executive Offi :r' I hereby certify t at the local law ann• ed hereto, designa -d as Iocal law No • of the (County) 'ity)(Town)(Village of of !9 19 wasduly . ssedbythe °' , and was (app vPd n 'arne of eau •are bony) -- — )( of disapproved) apee:ed niter disapprtiv by fife . and was dee era duly adopted on 19 (aectty L ie Executive OT tear') in accordance with the applicable provisions of law. • 3. (Final adopt •n by referendu .) I hereby cery y-that the local w annexed hereto, designated as ocal law•No. of the (Cou ty)(City)(Towr.) dilingc) of /9_.S wd by the on 19 , a • was (approved) of disappr.ante of eQialative 3ody) ed a,ter disapp oval) by the °(r ecti . Ch,. tx.e ive OiGeer SUC}l $. sub itted to the pec•le by reason .f a (mandatory)(p:,missive rcferen. n vo c of a ma or'ty t ) t, :act ;cceived ive f the qualifi .4 electors voting tl -reon at the (gene •l)(special)(annual d on .1:' , in accordance with the app icabie provisions la\y.. . . 4. (Subject •. permissive referendu :nd final adoptlo• because no vali: petition was 'tied requesting rcfc:nd .m,) I hereby :.rtify that the local Ia anne :ed hereto, :csignatcd as Io .1 law Nu. of the ( sunty)(City)(Town)( page) of 01' 1`� 2lyasscd by the on 19 , ad ' (appruved)(n- ; dis ) cpossed after flame • Legftlative t ody dip• roval) by the on Sul;w was sbject to (c' active Chif Executive %offic ')er is:ivc referend.m and no valid petition requesting •ucli refrendum as filed as 19 in accordance wit the applicable provisions of Iaw, • 'Elective Chief ExccutlYe Officcr maul„ ur includes the chief executive officer of h county elected on a county-wide basis or, If there be' none, the chairman of the county legislative body, the mayor of a city or village, or the zupervisor of a town ,rItere sut:lt officer is vested )rltli the power to approve or veto local laws or ordinances. . • • (2) • • a • {C1`ty local law canoe . ng Charter revision : "posed by petition,) - • T hr.rriiy certify t the local. law annexe• ereto, designated as local law •o. 0 of the City of having .:.en submitted to referendum ursuant to the provi ' ns of section (36)(37) o the Municipal Home Rule La , and lLaviub received the affi tative vote of a m.jority of the qualified c ctors of such city voting there• . at the (speciai)(gene.ral) eiec ' n held on 19 , beta c operative. 6. (County local aw cuucerniug A ,uptlua of Chartc•.) I hereby certi that the Iocal I ' annexed beret• designate.d as 1. al law No. . • of 19 of the Coun of • , State of New Y. k, having. • en submitted to the electo at the General lection of Nova • er 19 , purse t to subdiv'.ions 5 and 7 of section "i of the•1,,funici.al Home Rule L - , and having re, ived the affirmc we vote of • majority of th aualif' d electors oft cities or said co .my as a unit an• of a majority of c quaiifie• electors of the was of s d county consi eyed as a unit vo ng at said gener.. election, becam= operative.' . ( any other an• torized form of nal adoption has een'folldwed, p''ase provide .n apprbpritate ertification.) • I further certify that I have compared the preceding local law with the original on file in this office.and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. • Oleck Ot Clio Cu 'urit g ttactre t?ocy tc ,'Town or i axe Glcrk or officer designated by local I iiaative Go' . Y oca s ny (Seal) rate:- June 19, 2001 • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of Iocality.) STATE OF NEW YORK COUNTY OF Tompkins I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had oc taken fur the enactment of the local law annexed hereto. 9ignacure - • T,cl. County • City . • Town or . . Village Date: • (3) BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST JOHN C. BARNEY PETER G.GROSSMAN SUITE 400 FACSIMILE DAVID A. DUBOW 119 EAST SENECA STREET (607)272-8800 RANDALL B. MARCUS ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS) WILLIAM J.TROY III JONATHAN A. ORKIN (607) 273-6841 July 12, 2001 Secretary of State of New York Department of State Bureau of State Records 41 State Street Albany, New York 12231 Re: Town of Danby -Local Laws Nos. 1 and 2 of the Year 2001 Dear Sirs and Ladies: Enclosed for filing in your office are original copies of each of the Town of Danby's Local Laws Nos. 1 and 2 of the Year 2001. Local Law No. 1 is entitled "A Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads Shown as a Solid Line on the Zoning Map; and to Modify Certain Provisions Related to Pre-existing Lots and Nonconforming Lots of Record". Local Law No. 2 is entitled "A Local Law Amending the Zoning Ordinance to Eliminate Medium Density Residential Zones from the Commercial Target Area". Please forward the receipt for filing of these Local Laws directly to: Ms. Carol Sczepanski 1 2 Town, Clerk, Town of Danby 1830 Danby Road "Pic, Ithaca,New York 14850 tb. n,/ Thank you for your attention to this matter. 1 , Very truly yours, � O. .40/4",k4 • JCB:sls r Enclosures xc: Carol Sczepanski, Town Clerk (w/certified copies of Local Laws) 1 TOMPKINS COUNTY T � N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 AFFIDAVIT OF SERVICE BY MAIL OF NOTICE OF PROPOSED LOCAL LAWS STATE OF NEW YORK : COUNTY OF TOMPKINS: I Carol W. Sczepanski, Town of Danby Town Clerk, being duly sworn, deposes and says: 1 . That she is the Town Clerk of the Town of Danby, Tompkins County New York. 2. That on May 2, 2001 which is no later than ten (10) days prior to the date of public hearing, she caused to be mailed, pursuant to the provisions of Municipal Home rule Law, a copy of the proposed local law entitled "A Local Law Amending the Zoning Ordinance to Eliminate Medium Density Residential Zones from the Commercial Target Area", and a local law entitled : "A Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions That Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones Along Existing Roads Shown as a Solid Line on the Zoning Map; and to Modify Certain Provisions Related to Pre-existing Lots and Nonconform- ing Lots of Record", which is attached hereto to the Town Board of the Town of Danby. (ia'43&121 Carol W. Sczerr. ski, Town Clerk Town of Danby 5/02/01 Draft, 8/00 re-transmitted 3/15/01 to Planning Board REVISED SECTION 5 S.B. 4/17/01 TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001 A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE MEDIUM DENSITY RESIDENTIAL ZONES FROM THE COMMERCIAL TARGET AREA Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following section. Section 2. Article VI, Section 603, subparagraph 1 entitled "LOCATION OF COMMERCIAL TARGET AREA" is hereby amended to read as follows: "1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the Town of Danby Zoning Map designated High Density Residential Zones are the Commercial Target Area." Section 3. Article IV, Section 401, entitled "MAP" is hereby amended to read as follows: "Section 401 — MAP. Said zones, except for the Commercial Target Area and Mobile Home Park Zones, are bounded as shown on a map entitled "Zoning Map Town of Danby" adopted December 11, 1991, and signed by the Town Clerk. Details of existing Commercial Zones and Planned Development Zones are shown in the Supplement to Town of Danby Zoning Map Showing Details of Commercial Zones and Planned Development Zones" dated December 11, 1991 accompanying the Zoning Map. Said map, map supplement, and all explanatory matter thereon and amendments thereto are hereby made a part of this Ordinance. The Commercial Target Area consists of all the Commercial Zones and all of the High Density Residential Zones shown on said map. Certain existing Planned Development Zones (formerly known as Planned Development Districts) are shown on said map. New Commercial Zones, Planned Development Zones, and Mobile Home Park Zones may be created as set forth in this Ordinance." Section 4. 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 5. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001 A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING LOTS OF RECORD Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following sections. Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby amended to read as follows: "Section 505 —PRE-EXISTING LOTS. A small lot, which was a legal building lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot) and which does not meet the minimum requirements of this Ordinance for the zone in which it is located after the time the Ordinance was adopted (or so amended), may be used for any use permitted within said zone provided that all structures on said lot otherwise comply with the terms of this Ordinance. A building already constructed on such a lot may be altered or enlarged provided that the proposed alteration or enlargement otherwise complies with the terms of this Ordinance in effect at the time of such alteration or enlargement" Section 3. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width— fifty feet." Section 5. Article VI, Section 600, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE; AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled `BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—thirty-five feet." Section 8. Article VI, Section 601, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF RECORD" is hereby amended to read as follows: "Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in which one single- or two-family dwelling is permitted, a single- or two- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot), provided such lot was a valid, lawfully existing lot at the time the Ordinance was adopted (or so amended). No minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and no height restrictions or parking requirements may be changed without a variance." Section 10. The Zoning Map of the Town of Danby, approved by the Town Board on December 11, 1991 and subsequently amended from time to time, is hereby amended by deleting the following note in the map margin: "NOTES: In LD and MD Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage is permitted per the terms of the Zoning Ordinance". Section 11. 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 12. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. 14-16.4 (9/95)—Text 12 PROJECT I.D. NUMBER 617.20 SEAR Appendix C State Environmental (Duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME -row, 0-- -DK\,1-171)1 X0,0✓1 E oG 1�(� 1 3. PROJECT LOCATION: Municipality TAG v1 ,/ County 1O1 ._ 9 k�I.l Lam. 4. PRECISE LOCATION(Street address and road Intersections, prominent landmarks, etc., or provide map) . Lo G`) ` 1I/C A 1 U 14/1 -YlS1 l •1Zv '(�( .z .-,,?-- C5 ArrA- w)�T A") 5. IS PROPOSED ACTION: • ❑New 0 Expansion 1-1,,,M r•atlnnlaitoretinn 6. DESCRIBE PROJECT BRIEFLY: PROPOSED ANTENDMENTOF ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES.FRONTAGE DIMENSIONS.AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLED LINE ON THE ZONING MAP; (AND TO ALLOW PRE- EXISTING LOTS WHICH SUBSEQUENTLY MAY NOT CONFORM TO THESE AMENDMENTS TO BE LEGAL NON-CONFORMING LOTS) 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres'' 3s-s o 0.4: . Low 'p C rl S . ZO n 6. WIL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS7-N3 L}6O a c Yes ❑No II No,describe briefly ed -_ 4 9 Cl vi A...4,L v y O 1'CL,,c-v ( 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? )2(IndustrIal /XElesIdential _ Commercial Agriculture .ark/Forest/Opon space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? { ❑Yes No M yes, Ilst agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes INo If yes, list agency name and permlUapproval 12. AS A RESULT OF PROPOSED�ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No Nf-r I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: �w r1 �� L1 L'� Tow IA_ 604,4_, j//_�/, Dale: / / Signature: T' If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER • PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 If yes, coordinate the review process and use the FULL EAF. ❑Yes ❑No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? II No, a negative declaration may be superseded by another involved agency. ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity. noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: .` ' ■CO I1 51w i`VI C2. Aesthetic, agricultural, archaeol , • or c, or other natural or cultural resources, community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife spe •es, signilic'nt habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or otner ellects not identified in Cl•C5? Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine-whether it is substantial,large,important or otherwise significant. - Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: • -P D4 l,vcIp 11 lam ) --- t Name of lead Agency e 1.A.)c_.-zt t=. hi W1 0, IA, "i73- -J v1 6:1.r ?-,ro i< -- Print or Type Name of Responsible()nicer in Lead Agency Title orli Responsible Officer `' • Signawre of Responsible Onrcer in Lead Agency Signature of Prep.rrer(ti different from responsible oiiicerl • Date Progress Draft for Town Board. S. Beeners,3/7/01 (e ' ..31 12 o I PART H—ENVIRONMENTAL ASSESSMENT PROPOSED AMENDMENT OF ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE DIMENSIONS,AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP; (AND TO ALLOW PRE- EXISTING LOTS WHICH SUBSEQUENTLY MAY NOT CONFORM TO THESE AMENDMENTS TO BE LEGAL NON-CONFORMING LOTS) A. Action is Unlisted and does not exceed any Type I threshold. B. The Town Board is Lead Agency for this action. The action will receive Coordinated Review. The Planning Board is an involved agency since it makes recommendation to the Town Board pursuant to Section 1200 of the Zoning Ordinance. The Tompkins County Dept. of Planning is an involved agency pursuant to General Municipal Law 239-m. SUMMARY OF ACTION: (See Attachment A) Roads Affected: The roads shown on the Zoning Map with a solid line, rather than a dashed line, are those roads which are maintained year-round, and which do not have State forest land fronting on both sides. Present Provisions, Low Density Residential Zones: within a 400-foot area measured from the centerline of these roads, the minimum lot size is 1 acre, minimum frontage is 150 feet, and minimum side yard width is 25 feet. Outside of this 400-foot `subzone', the minimum lot size is 2 acres. Proposed Provisions, Low Density Residential Zones: the `subzone' would be removed. The minimum lot size would be 2 acres, the minimum frontage would be 200 feet, the minimum lot depth would be 300 feet, and the minimum side yard width would be 50 feet. Present Provisions,Medium Density Residential Zones: within a 400-foot area measured from the centerline of these roads, minimum lot size is 1 acre, minimum frontage is 150 feet, and minimum side yard width is 25 feet. Outside of this 400-foot `subzone', the minimum lot size is 1 1/2 acres. Proposed Provisions, Medium Density Residential Zones: the `subzone' would be removed. The minimum lot size would be 1 1/2 acres, the minimum frontage would be 150 feet, and the minimum side yard width would be 35 feet. • Pre-existing Lots: Section 505 of the Zoning Ordinance would be modified to allow pre-existing lots to remain and to be built upon, subject to certain provisions. Acreage Affected: 3,580 acres in `subzone' of Low Density Residential Zone, out of total 30,788 acres in this Zone. 460 acres in `subzone' of Medium Density Residential Zones, out of total 1 697 acres in these Zones. Assumptions made in this environmental review: (Please also see Part III Assumptions) • That the present provisions in the Subdivision Regulations, for example, those related to Clustered Subdivision (which permits reduction in lot size and other dimensional requirements), Recreational Open Space, and Environmental Conservation will continue to apply. • That this action is a measure which will be subject to further refinement or supplementation in the near future as the updated Comprehensive Plan is completed, and as subsequent legislative improvements 1 are made. C. COULD ACTION RESULT INANYADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING? Cl:Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,potential for erosion, drainage, or flooding problems? No adverse impacts are expected to these factors since permitted land use density would be reduced. C2:Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources, or community or neighborhood character? No significant adverse impacts are expected to aesthetic, archeological, historic, natural, or cultural resources because permitted density would be reduced, and given assumptions made in this review. Agricultural Resources: The increase in minimum lot dimensions and size in some instances may be disadvantageous with respect to the preservation of viable agricultural land. Farmers who wish to sell lots along existing roads may find the increased lot size impractical if viable farm fields are near these roads. For example, the minimum lot dimensions in Low and Medium Density Zones would increase the lot depth from 290 to 435 feet, a 145-foot increase in depth. In some instances, land which otherwise might be kept in cultivation might instead, as the back land of residential lots, revert to brush, or change to high-maintenance lawn. This impact would be partly mitigated by the increased use of clustered subdivision techniques. For example, smaller lot sizes and dimensions could be permitted under clustered subdivision or other techniques in those instances where the preservation of viable agricultural land or other important land features was achieved(a minimum 5 acre tract is required for a clustered subdivision). Community or neighborhood character: No significant adverse impacts are expected provided that there is increased use of clustered subdivision and other land conservation techniques (see also "Assumptions", Part III.) The diversity of Danby's landscape, including extents of undevelopable land may lend itself naturally to a diversity of lot sizes, as described elsewhere related to housing starts and subdivision trends. C3. Vegetation or fauna,fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No adverse impacts are expected given the proposed reduction in permitted land use density. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Community plans and goals as officially adopted: 1989 Comprehensive Plan: (See Attachment B) This plan includes many objectives for the preservation of open space with residential development. Zoning for large lot sizes is considered one of several measures for preserving open space and community 2 character. Other measures identified were clustering, encouragement of development along and near existing roads, and retaining a minimum of 150 feet of frontage for each residence. After this plan, various changes were made in the Town's regulations, and new subdivision regulations which provided for creative development to preserve open space through clustered subdivision. Given the present process of updating the Comprehensive Plan, and given assumptions made in this review, no significant adverse impacts are expected related to the consistency of the proposed zoning changes with respect to the 1989 Comprehensive Plan. Zoning Ordinance: The following are the statements of purpose for the three main residential zones: Section 600—"The purpose of the Low Density Residential Zone is to provide an area of limited development where it is deemed most desirable 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." Section 601 —"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." Section 602—"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." While the proposed zoning changes are generally consistent with the above statements of purpose, the following is noted: • As described in C2 above, new lots on farmland should be permitted to be of a reduced size or dimension, where benefits related to continued agricultural use are achieved. • Undeveloped land along existing roads in the Medium and High Density Zones is limited, primarily in Central Danby. In Central Danby, most of the High Density Zone is already developed with the exception of farmland on the north side of West Miller Road. In the Medium Density Zone, the only significant area of vacant land on existing road frontage is field and pasture on Comfort Road. In the West Danby High Density Zone, roughly 2/3 of the road frontage is developed. Around %2 of the road frontage in the West Danby Medium Density Zone is developed, • It is recommended that in the near future, more study of the West Danby Water District and its relationship to the various Zones be conducted. Presently there is no correlation between public water service and zone definition, except that a reduced lot size is permitted in the West Danby High Density Zone if the lot is served by public water. Nonconforming Lot Provisions: The proposed revisions to Section 505 —"Pre-existing Lots"AND Section 1 000—"Nonconforming Lots of Record" would allow most pre-existing lots which would not conform to the proposed new lot size, dimensions and setbacks to be used, provided that all structures on these lots would otherwise conform to the terms of the Zoning Ordinance. A building already constructed on such a lot could be altered or enlarged provided that the proposed alteration or enlargement otherwise complied with the terms of the Ordinance. Potential Nonconforming Lots (estimated): Medium Density Residential Zones: 3 Less than or equal to l acre: Developed: 2 Undeveloped: 1 Greater than 1 acre and less than 1 1/2 acres: Developed: 10 Undeveloped: 1 Low Density Residential Zones: Less than or equal to 1 acre: Developed: 104 Undeveloped: 17 Greater than 1 acre and less than 2 acres: Developed: 167 Undeveloped: 17 Totals: Developed: 283 Undeveloped: 36 Total Lots in Danby: PRESENTLY NOT AVAILABLE. Developed: Undeveloped: Subdivision Regulations: (See Attachments C) The proposed zoning changes are expected to be generally consistent with the purpose of the Subdivision Regulations (Section 101). As described elsewhere, it is assumed that increased use of the Clustered Subdivision provisions will allow the Planning Board in some instances, and on tracts of 5 acres or more, to approve lots less than the proposed new minimum size and dimension. Of note related to trends and the classification of subdivisions is the following: • Since conventional lots that exceed 5 acres ("Rural Land Divisions") are exempt from Town subdivision review, some subdividers have considered this provision an incentive. Other subdividers have applied for Minor Land Division Permits because these do not involve Planning Board review, and also are usually exempt from County Realty Subdivision requirements. Change in Intensity of Use of Land and Other Natural Resources: While no significant adverse impacts are expected in the short range, potential long-range impacts related to growth and subsequent development need to be studied and planned for as part of the current and continuing comprehensive planning process. Areas where growth should be encouraged or discouraged should be identified more precisely. Road Frontage: The proposed action would reduce the amount of available frontage for development in Low Density Residential Zones by 1/3. No information has been gathered on actual trends related to road frontage. At present, no significant adverse impacts are expected by this action, but more information will be needed in the future related to potential long range impacts related to the cost of road infrastructure. Land Coverage by Development: Typical Minimum Dimensions for Various Lot Sizes: 2 acre lot: 150' frontage, 581' depth 2 acre lot: 200' frontage, 435.6' depth 4 '17i I 1 c_: tt s),0 1 1/2 acre lot: 150' frontage, 435.6' depth Yeti' (. ;D-1'(S 1 acre lot: 150' frontage, 290' depth 17-49'1) 1 _` Low Density Zone: The frontage change from 150 to 200 feet would reduce the permitted development density on existing roads by 1/3. The lot depth change would increase the minimum lot depth by 145.6 feet. (Minimum side yards for principal buildings would change from 25 to 50 feet. The minimum 10- , foot side and rear yard setback for accessory buildings as provided in Section 512 would remain. Medium Density Zone: The change in minimum acreage along existing roads from 1 to 1 1/2 acres would increase the minimum lot depth by 145.6 feet (e.g., from 290 feet to 435.6 feet). (Minimum side yards for principal buildings would change from 25 to 35 feet, with minimum 10 foot side and rear setbacks for accessory buildings remaining unchanged) The above lot size and dimension changes might help preserve side-yard and rear-yard open space for lots developed along existing roads. In some instances, however, a lesser yard setback might be desirable to enhance usability of the lot, conserve site-specific natural resources, and/or preserve important aspects of Town character, such as important views from roads. Such lesser yard setbacks could only be achieved through Clustered Subdivision if the lot or tract was 5 acres or more, or if a significant hardship was grounds to grant a Variance. The 145-foot increased lot depth in Medium and Low Density Zones could lead to longer private driveways or longer new public roads than under the present zoning. That, along with the increased frontage requirement in Low Density Zones, might make it more difficult to properly use interior land. Assuming that the present provisions in the Subdivision Regulations would allow the Planning Board to approve modifications to lot dimensions and size, this most likely is not a current adverse impact. In the future, frontage on existing roads will become increasingly limited, especially in the High and Medium Density Zones where presumably development should be encouraged. C.S. Growth, subsequent development, or related activities likely to be induced by the proposed action? The proposed zoning changes would not induce growth but could influence the location of development in the future. Given limited accessible land in High and Medium Density Zones, conventional lot development could lead to sprawl in the LD zones. This impact is expected to be controlled by increased use of clustered development and other techniques to allow flexibility in lot size, as long as overall density goals are maintained. Population and Housing Trends: (See Attachment D) Between 1980 and 2000, there was a 16% increase in the number of housing units in Danby (1980: 876 housing units. 1990: 1087 housing units. 2000: 1258 housing units). Population projections and future housing unit needs vary widely. Household size is shrinking so that more housing units in proportion to population will be needed. In the next 20 years the large baby-boomer generation, now age 30 to 50, will be retirement age. This group will most likely be of small household size, and in need of residences that are easy to manage. Large lot sizes may not be consistent with the future needs of this age group. Housing Starts and Lot Sizes: (See Attachment E) Based on a survey of housing starts between 1990 and 2000, it was found that the housing starts in High Density, Medium Density, and Commercial "C"Zones were on lots that exceeded 1 to 1 1/2 acres in size. In the Low Density Zones, out of 124 housing starts, 32, or 26% were on lots less than 2 acres in size. The remaining 92 housing starts, or 74%, were on lots ranging widely in size. Reasons for the wide variation in lot size appear to include a range of incomes and affordability needs, preference, the low present costs for undevelopable residual land, and the splitting off for sale of the 5 smallest lot size possible, in order to preserve remaining lands as a future investment. Some banks which finance mortgages for lower-income homebuyers require that the lot on which a home is built to be of a size that is not further subdividable by reason of lot size or frontage dimension. As mentioned above under"Subdivision Regulations", the classification of subdivisions and varying procedures sometimes act as incentives with respect to lot size, particularly with respect to "Rural Land Divisions"where lots exceeding 5 acres are exempt from Town review. Presumably, the trend whereby 74% of the population will want to build on lots exceeding 1 11/2 and 2 acres will continue. With respect to the 26% of the population want to build on lots that are less than or around 2 acres in size, it is assumed that this trend can be accommodated by increased use of techniques to allow flexibility in lot size or that relatively low land costs may mean that many people will buy lots of 2 acres or more in size. The Olde Towne Village and Fieldstone Circle Subdivisions, located in Planned Development Zones, are examples of`clustered' development, where a variety of lot sizes and frontage dimensions, along with open space setasides, were approved. Impact on property values, taxes. Attachment e "Summary of Vacant Land Sale Analysis",prepared 4/11/01 by Jay Franklin, Assistant Director, Tompkins County Division Assessment, describes that the impact on property values would be minimal. (added 4/26/01 S.B.) C6. Long term, short term, cumulative, or other effects not identified in Cl-CS? As described in Cl through C5 above. Otherwise, none are known at this time. C7. Other impacts (including changes in use of either quantity or type of energy? Not expected as a result of the proposed zoning changes. D. Will the project have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area? Not expected. There are no CEA's in Danby. E. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? None is known at the time of this review. PART HI-DETERMINATION OF SIGNIFICANCE A negative determination of environmental significance is recommended, based on the following assumptions: The following is assumed in this current Progress Draft Review: Timing: The Planning Board is in the process of drafting an updated Comprehensive Plan, continues to gather public input, and is presently studying specific land use aspects of the plan. The proposed zoning changes may be an interim measure, subject to further review in the near future as the updated Comprehensive Plan is completed. Alternatives: An alternative interim measure to the proposed zoning changes until the Comprehensive Plan is completed is to name the 400-foot `subzones' on the Zoning Map to clearly identify where 1-acre 6 lots are permitted, so that confusion about zoning densities is minimized. Existing Legislation: The present provisions in the Subdivision Regulations, for example, those related to Clustered Subdivision which permits reduction in lot sizes and other dimensional requirements, Recreational Open Space, and Environmental Conservation will continue to apply. Danby's Land Diversity: Danby's complex land characteristics, including areas that have development constraints (such as poor drainage, steep-slopes, and other residual undevelopable lands)will continue to be a major influence on where development occurs, and will in many instances guide lot size. Information Base: In the immediate future, there will be increased use of recent mapping and other information related to specific land use characteristics which can assist the Town in planning, zoning, and subdivision functions. 2000 Census: The results of this Census, available in the near future, will assist the Town in refining its planning related to such aspects as population, housing, age distribution, and income. Fiscal and Financial Impacts: More information would be helpful on these aspects. There is currently a low demand for land and a low land cost, but Danby is a prospective growth area in the County. Subject to provision of new information, property values, taxation assessments and Town budget would not be adversely impacted. Future Legislation:As the Comprehensive Plan is completed, refinements will be made to the Town's zoning and subdivision regulations to accommodate mid- and long-range growth, so that potential impacts of sprawl as a result of conventional increased lot size, frontage, and setbacks can be mitigated. Conservation Overlay Zoning and Rural Siting Guidelines are two of several possible refinements. The Minor Land Division Permit process could be improved with respect to site plan standards which presently are deficient. Related Planning Activities: Zoning Map: As part of but mostly subsequent to the updated Comprehensive Plan, various actions would occur, such as further identification of areas in the town where a variety of densities would be encouraged or regulated, along with appropriate changes to the Zoning Map. Other studies that would assist in defining and preserving `rural character' are: • Historic Agricultural Resources: The present intensive-level survey of historic agricultural resources will provide information related to further modification of land use regulation to protect these resources. • Visual Resource Inventory: Such an inventory could help identify areas along and near existing roads where consideration of local visual, cultural and natural resources was of community significance. Susan C. Beeners, Reviewer 7 ........... ATTACHMENT A n1 rOvwlK P01S� I TDwr+tX muU - -7r- J—y r ,...777.41 none r.,I. no,e TT. , S p p. \..\ n '\ POt1-��• e`c.00. / 1 el,. \ fry ' +.._ P 9 j ` ,,,1 1 \ .• •b,:J \ � n n..4 . tl,h.1.0..."-x•, % ■ r / Dai c:� , P014 27 . W.Jerr.r n..'Id. • ` / 12---1. `�, � / NOTES:• 92 r•— LD In LO and MO zone., m. R..A a. PD1Z/� / within 400 ieel of the • /'LD■ • _.. / I .-..� centerline of roads tiy.n Road ' './ 333 depicted with a Solid 07 opno,ed to a Dash, ./ 2 line, *IV arias wh.,e i `` i. .._ beer / m,d fen Fj reduction In Lot Site, 3 tine ne, i '� •..` > 1ITpr�'ed j(t�� >� /` J / t ( / [ Y — Yards, and/or Fronlec Z i \ ; y to 11 ,,,,,a �' / I I Sq 1, permitted par 'hi 0 , J f ( { t�.....� —.J a..d �/ Iv terms of the Zoning t M D / C3 , l Ordinance. a �: i BA d •� ° P P'''A / z Ilk n� 11 ..e Ito �!,—PO, .• • a y ---1--.a� �'70 I P010 ,, \ ; P07 ^+.rev. •o �� ► is MD ,..y �y� �.. �••z f,%�/ -� ; l ACS i'\..—..�,` ] e J ' _ —•,� •) o r 'it ecn S J „,ells na. L y LC) Lp Poi ( L D • a �. rend - ,'�. t / �� Iro / • 8 , I T I i - 'y `k` _ I .7 ,.•- L.J 0.8..6, tD_,, f r 1 .nD ._. w. ivi1D �`. M i � _ , � . i\ �, _ a ct ii , la MO -- I C — ? rr�'' \ \\,,i,,I 1 1' MD. \ I 1 )1 ^{ '� ( __..\.,), ),/ ( rn a.•d 7.•... J IA_ deni _ _ I 1 0 ` — r 1 -.- /...� 1 1 It 89"15t- r+� 1 I ; At t// r t:�. / I�' LD •z; 91o�� a 1 ;h; A \ I 1 f. • d i o I ,•,•Iero� .t. liir p .. , 14'.1..A. / - 1 , r / / , 1 y 5 \ .. I fS / 1 / w' — — � / < i. J 4.11 '•.�/ 1 / i 3 \ / ii' t r ZONING MAP 9 ',,/ ' pp„ ` f , Sl APPROVED by TOWN BOARD o `-- �`�� n•.4 1 +- December 11, 1991 • m / + 1 i' i I) t ,} — / en c...v....-u ■•c... y , 5 L�.f 4. Y$k Low penalty Residential Zone , (14 Q� Town of Danby LO 7 A CommercialZone-A- �1 Tonrp►I.,, County, a... York .{. MD Medium O•n,iiy If•sidentlal Zone S Commercial Zone-8" 5..,.1 o..•r I Cis `-- swu . * _o ,1,. t10 Nigh Denelty Resid•nll.i Zone C Commercial Zone ro Planned D•v•lopmen. Zon• MU Mobile theme Park Zone ATTACRI ENT B TOWN OF DANBY COMPREHENSIVE PLAN 5 1 (6169 purpose This Comprehensive Plan states a vision of the future for the Town of Danby which will serve as a set of guiding principles for land use planning and growth control. It is intended to help residents who own homes and businesses , Town officials , those who would develop property in the Town, and potential residents. Its purpose is to ensure orderly growth that will not unduly and unreasonably disrupt neighborhoods, and that will not destroy irreplaceable forests , open spaces, and wetlands . It is not a static document. It is a plan which should be periodically updated to reflect changes in its underlying consensus. Context - Descriptive Background The Town of Danby lies south of the City of Ithaca, straddling parts of three glaciated valleys which run approximately north-south through the Town. There are three major traffic arteries, one in each valley: route 34/96 in the Cayuga Lake Inlet valley, running through the hamlet of West Danby; route 96B in the central part of Town, running through the hamlet of Danby; and Coddington Road, • running through the eastern portion of the Town. All three arteries end in the City of Ithaca, and provide Town residents with the major means of access to the city. 1 During the nineteenth and early part of the twentieth centuries, agriculture was the dominant enterprise in the Town, but recent decades have seen the majority of Danby residents employed in the manufacturing, education, or service sectors. There are still a number of working farms in the Town and part-time farming is popular, and it is possible that local full-time farming may again become more important. Danby is still sparsely developed, with a considerable amount of open space. It lies outside of the major growth area in the recent past in Tompkins County, which has been generally in the northeastern part of the County. The 1980 census lists Danby with a population of 2,449, which is just less than the historic high of 2 ,494 that it reached in 1845. The open space in Danby is also due to the recent reduction in active farming (resulting in many large parcels which have not been divided) , to relatively large areas of state owned land in the southern part of the Town, and to several significant wetlands in the Town. Commercial activity requiring and benefitting from ready access to heavily trafficked roads has concentrated along the major arteries, primarily 96B in and around the hamlet of Danby and 34/96 in and around the hamlet of West Danby. There has also been a historic clustering of residential space in these two areas. There are churches and fire stations in both hamlets, a Town Hall and highway barn in Danby, and a post office in West Danby. West Danby is also the site of a rail corridor. Planning Considerations 2 the community. The Town should work towards provision of public space in which programs of this type could be run. The Town should work to promote facilities within the Town such as schools, parks , municipal buildings, and recreational areas. Preservation of Open Space with Residential Development Large lot size requirements in residential areas are important, but simply to zone for large lot size will not preserve the perception of open space. When new housing is proposed it should be encouraged to locate either along and near existing roads, or in small clusters on new, generally short, roads. Maximum as well as minimum set back requirements from public roads should be considered. New roads to cluster developments should go to major roads wherever possible so that municipal costs in road development can be minimized. Areas located around such housing should be left open in order to maintain the rural character of the Town. The ability of the land to support proposed residential development must always be an essential consideration. Approval of development plans should be based on soil type (from descriptions on soil maps and direct test results) , on topography (determined from descriptions on topographic maps and direct observation) , and on the availability of water and provision for the proper disposal of waste. Additional essential considerations are protection of neighboring properties from adverse effects on water supplies , protection from other environmental 4 If such clustering is impossible or the developer is unwilling to provide it, then a larger average lot size resulting in a smaller total number of homes will be required to provide the sense of "open space" . Provision of Public Water and Sewer Facilities An adequate and reliable source of potable water, and adequate means for sewage disposal , are very important concerns in Danby. Existing ground water supplies, which provide water for private and semi-private wells, are determined by the geography of the region. All development in Danby must be based on its impact on this precious natural resource and any extensive future develop- ment will have to be based on the adequate provision of water as part of the development proposal. Specifically, residential planned development proposals should include plans for self contained water and sewer facilities. Public water and sewer systems , by their nature, attract dense development. Since dense development is not generally compatible with overall Town goals, Danby should consider carefully before creating additional public water or sewer systems in the Town. Development Along Natural Growth Lines Residential development may be expected near natural lines of easy transportation (routes 96B, 34/96 , and the Coddington Road) and most heavily near the major center of employment for residents of Danby, the City of Ithaca. Concentration of development along -6- normal hours of operation, type of permitted activity, need for electric, water and sewer utilities , and so on. Additional Goals and Considerations Growth in population may soon require that a school again be built in Danby. Such a development should be welcomed, and provision should be made for it. Affordable housing should be a feature of Town development, and land use regulations should encourage the setting aside of a reasonable amount of space for it. Such housing should be spread throughout the Town, and not clustered in large tracts. To provide for additional environmental protection, Danby should make local amendments to the State Environmental Quality Review regulations to better reflect the needs of our community. Town developed and maintained facilities are important. Roads, public buildings, and services should be improved as necessary to meet the needs of the Town. Land Use Regulation The Town has adopted a Zoning Ordinance to control land use and development. The Zoning Ordinance will be reworked to achieve the density and distribution goals stated here. The provision of Planned Development Districts provides for a 8 ATTACHMENTS C �KGe-f n f , 5t4 4,4 t v . 12_e ct,.� o$ 1 z u.n 4 . v WAY re/.wp5I/0anby.09/77/96 2:13pm Section 101. Purpose. • 1. The subdivision itulations are intended to guide and protect the community's physical, social, and aesthetic development, and to help the Town of Danby grow in an orderly, efficient, and economical manner which maintains and reflects the individuality of the Town and the character of the Town as a rural community and a beautiful and desirable place in which to live. In no way are the subdivision regulations designed or intended to create a hardship for any person or group. Rather, these regulations are considered part of an overall plan to protect all of the citizens of Danby and to aid all who wish to sell or develop a piece of land. 2. The regulations, standards, and procedures contained herein arc developed to ensure the following: A. that the health, safety, and welfare of the Town's inhabitants are promoted; B. that land to be subdivided is suitable for building purposes without creating dangers to health or peril from fire, flood, or other menace; C. that all proposed lots be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties and with the character and contour of the land; D. that proper provision is made for drainage, water supply, sewerage, highways, open space, and other needed improvements; E. that all proposed streets compose a convenient system and be of such width, grade, and location as to accommodate the prospective traffic, and provide access for emergency services and fire fighting equipment; F. that proper provision is made for parks, playgrounds, and significant open space; G. that there is optimum overall conservation, protection, development, and use of the environmental resources of the Town of Danby. Section 102. Re nces and Interpretation. 1. References herein to cles*sections, subsectioe , and paragraphs are to those parts of these regulations, unless context-iiidicates otherwise. 2. For the purposes of these regulatioris;,"the language set forth shall be interpreted through reference to certain terms and their'meaniiigfl..in-A pendix A, "Definitions". If not specifically defined in that Appendix, words and phrases'shall-he interpreted as set forth in the Town of Danby Zoning Ordinan and otherwise so as to Ve,them,he meaning they have in common usage and to give ese regulations the most reasonable-application. 3. Constructi For the purposes of these regulations, the language sets or kshall be interpreted 2 SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK Adopted December 11. 1991, and Amended through September 9, 1996 SUMMARY OF MAJOR FEATURES: (not official. Refer to legislation.) CLASSIFICATION: LAND ANNEXATION: Consolidation of land with an abutting lot. Typically exempt from subdivision review. RURAL LAND DIVISION: A Conventional Subdivision where all lots contain more than 5 acres of land and meet all pertinent zoning requirements. Typically exempt from subdivision review. MINOR LAND DIVISION: A Conventional Subdivision into no more than 4 lots in any period of 3 consecutive years, where at least one lot is 5 acres or less in area, and which • conforms to pertinent zoning requirements; • does not involve extending or creating a public road or public water or sewer utility • is located on, generally, a year-round road; • is not in or within 250 feet of a designated Critical Environmental Area, Freshwater Wetland, or Area of Special Flood Hazard; • does not include on more than 50% of the total land area slopes greater than 15%. MINOR LAND DIVISION is subject to a MINOR LAND DIVISION PERMIT. MINOR SUBDIVISION: Any Conventional Subdivision (other than the 3 classifications above) into no more than 5 lots, which does not involve extending or creating public roads or water/sewer utilities. MINOR SUBDIVISION is subject to Planning,Board approval, including public hearing. MAJOR SUBDIVISION: Any subdivision other than the 4 classifications above. MAJOR SUBDIVISION is subject to Planning Board approval, including public , hearing, and if public road or water/sewer utility creation or extension is involved, is also subject to Town Board review and approval. CLUSTERED SUBDIVISION: Minimum 5 acres in subdivision. May be required for all or part of the site. Permitted density is based on equivalent conventional density. Examples that might be permitted include modification of frontage and area requirements if open space and other benefits are obtained. (Provisions generally follow N.Y.S. Town Law.) OPEN SPACE RESERVATION REQUIREMENTS: Town may require a minimum of 10% of the subdivision area for public recreational open space. Alternatively, Town may accept payment in lieu of public land reservation, or privately owned 'preserved open space' . (Provisions follow N.Y.S. Town Law, except private `preserved ppen space' has been added.) ENVIRONMENTAL CONSERVATION: Standards and guidelines are provided for preserving environmentally sensitive areas, viable agricultural land, significant vegetation, erosion control, and drainage. ADDITIONAL REQUIREMENTS: Standards and guidelines are provided for subdivision layout, street design, water and sewage disposal, and other technical items. ATTACHMENT D Table 1. Town of Danby, Population Estimates, 1995-1999 1999 1998 1997 1996 1995 1990 Census Danby 3,088 3,061 3,046 3,032 3,044 2,858 Source: U.S. Census Bureau,Place and County Subdivision Population Estimates, http://vw\v.census.goy/population/estimates/metro-cite/mcdts/MCD99 NY.zip Housing From 1990 to 1999, the Town of Danby grew by an estimated 230 persons. Additionally, 151 new housing units were added to the housing stock over this time period, at a rate of one new housing unit per 1.5 new persons. Various methods have been used to determine what the population in Danby will be in the year 2010 according to the 1990 and 1980 censuses (see Cornell Report—Recommendation for the Future of the Town of Danby). The one that most closely fits with the 1999 census estimate (with an estimated population of 3,092 in 2000) projects the population to be 3,268 in 2010 and 3,491 in 2020. However, these estimates are as low as 3,407 and as high as 4,278 in 2020. No one knows for certain what the population could be twenty years from now, but we can play it safe and prepare for all scenarios. For example, if Danby's population grows to 4,278 in 2020 or by 1,190 persons, at an estimated 2.6 persons per household, Danby will need 458 additional housing units. However, if we use the newer trend of 1.5 housing uni o p r peso,, Danby will require an additional 793 units. P�StruS rt.! 610104).3 uhi± Table 2. Projected Housing Needs in 2020 Population Est. Increase Add. Units Add. Units Est. 2020 1998-2020 @ 2.6 per @ 1.5 per Low 3,407 319 123 318 3,491 403 155 269 4,052 964 371 643 High 4,278 1,190 458 793 . The above table shows that the number of housing units is estimated to increase between 123 and 793 units by 2020. This means that an additional 246 to 1,586 acres of land, at 2 acres per unit, may be acquired for residential use by 2020. Therefore, up to 6.0 percent of the town's privately-owned land may be acquired for residential use over that time period. Age of Population The estimates show that the population of the Town of Danby is projected to be younger by 2000. In 1990, the number of persons age 65 and over was 233, while the number of persons 19 and under was 791. The projections show that by 2000 the number of persons 65 and older should have fallen to 213 and the number of persons 19 and over will climb to 952, if projections are accurate. However, the largest category of people in 2000 is projected to be 30 to 50 year olds at 1,373 persons. While, these people are not at the typical retirement age, this group will begin retiring 14 years from now. Housing needs change as people's ages, incomes, and lifestyles change. ATTACHMENT E HOUSING STARTS AND LOT SIZES: Housing Starts from 1990 through 2000, and their lot sizes: The following was found in a survey of housing starts during the 11-year period from 1990 through 2000: Low Density Residential Zone: There were 124 housing starts, of which 32, or 25.8% of the total, were on lots less than 2 acres in size. The other 74.2 % of these ranged from 2 to 156 acres in size. Central Danby High Density Residential Zones: 8 housing starts, all with lots exceeding 1 acre in size. Central Danby Commercial Zone"C": 2 housing starts, both with lots exceeding 1 acre in size. Central Danby Medium Density Residential Zones: 3 housing starts, on lots exceeding 1 1/2 acres in size. West Danby High Density Residential Zone: 4 housing starts, on lots exceeding 1 1/2 acres in size. West Danby Medium Density Residential Zone: 2 housing starts, one on a lot 1.49 acres in size, the other on a lot 8.5 acres in size. Major Subdivisions in Planned Development Zones: Olde Towne Village: The subdivision plans approved and filed in the late 1980's have lots ranging from 1 to 1.99 acres, 1 lot 41.85 acres in size and restricted to one dwelling, and around 12 acres of undeveloped open space. Frontage less than 150 feet was permitted on some lots. Of the 14 lots with housing starts between 1990 and 2000, most were 1 to 1.99 acres in size. The design of this subdivision is similar to Clustered Subdivision, in its variation of frontage and its open space setaside. Fieldstone Circle Subdivision: The approved subdivision plans have lots ranging from 1.15 to 3.59 acres in size, and 22.6 acres of reserved open space. Frontage less than 150 feet (e.g., `flag lots') are included. Of the 8 lots with housing starts between 1990 and 2000, sizes range from 1.4 to 2.41 acres. As with Olde Towne Village, the design of this subdivision is similar to Clustered Subdivision, in its variation of frontage and its open space setaside. Camelot Subdivision: This subdivision was approved for 7 lots ranging from 1.39 to 4.32 acres, along with a proposed public road and proposed public water service to be installed by the developer. There have been no housing starts. Other Subdivision Trends: A full survey of subdivisions or `splits' between 1990 and 2000 has not been conducted. Please refer, however, to the"Lot Size Analysis"Maps (available only in large format) to see the full extent of Danby's lot sizes. 4 TOMPKINS COUNTY Ts N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 TO: Attorney John Barney FROM: Carol W. Sczepanski DATE: May 23, 2001 RE: Proposed Local Laws Enclosed is a copy of the legal notice of advertisement of the proposed local laws to amend the Zoning Ordinance of the Town of Danby. I sent the notice for publication early due to the holiday weekend and I am not sure of the Journal's lead time over holidays. A Special Meeting of the Town Board will follow the public hearing and is posted on our bulletin boards. The Board may consider adoption of the two proposed local laws at this time. Could you please send me proper resolutions for adoption or a sample of what I need for proper recording purposes. The public hearing is to be held on Wednesday May 30. If there is something else I need to do related to these local laws please let me know. Special Note: On April 22nd at the New York State Town Clerk's Conference I was installed as a Region 6 New York State Director for a three year term. (I must be doing something right.) v 4/ TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001 A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING LOTS OF RECORD Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following sections. Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby amended to read as follows: "Section 505 —PRE-EXISTING LOTS. A small lot, which was a legal building lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot) and which does not meet the minimum requirements of this Ordinance for the zone in which it is located after the time the Ordinance was adopted (or so amended), may be used for any use permitted within said zone provided that all structures on said lot otherwise comply with the terms of this Ordinance. A building already constructed on such a lot may be altered or enlarged provided that the proposed alteration or enlargement otherwise complies with the terms of this Ordinance in effect at the time of such alteration or enlargement" Section 3. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—fifty feet." Section 5. Article VI, Section 600, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—thirty-five feet." Section 8. Article VI, Section 601, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF RECORD" is hereby amended to read as follows: "Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in which one single- or two-family dwelling is permitted, a single- or two- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot), provided such lot was a valid, lawfully existing lot at the time the Ordinance was adopted (or so amended). No minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and no height restrictions or parking requirements may be changed without a variance." Section 10. The Zoning Map of the Town of Danby, approved by the Town Board on December 11, 1991 and subsequently amended from time to time, is hereby amended by deleting the following note in the map margin: "NOTES: In LD and MD Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage is permitted per the terms of the Zoning Ordinance". Section 11. 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 12. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001 A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE MEDIUM DENSITY RESIDENTIAL ZONES FROM THE COMMERCIAL TARGET AREA Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following section. Section 2. Article VI, Section 603, subparagraph 1 entitled "LOCATION OF COMMERCIAL TARGET AREA" is hereby amended to read as follows: "1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the Town of Danby Zoning Map designated High Density Residential Zones are the Commercial Target Area." Section 3. Article IV, Section 401, entitled "MAP" is hereby amended to read as follows: "Section 401 —MAP. Said zones, except for the Commercial Target Area and Mobile Home Park Zones, are bounded as shown on a map entitled "Zoning Map Town of Danby" adopted December 11, 1991, and signed by the Town Clerk. Details of existing Commercial Zones and Planned Development Zones are shown in the Supplement to Town of Danby Zoning Map Showing Details of Commercial Zones and Planned Development Zones" dated December 11, 1991 accompanying the Zoning Map. Said map, map supplement, and all explanatory matter thereon and amendments thereto are hereby made a part of this Ordinance. The Commercial Target Area consists of all the Commercial Zones and all of the High Density Residential Zones shown on said map. Certain existing Planned Development Zones (formerly known as Planned Development Districts) are shown on said map. New Commercial Zones, Planned Development Zones, and Mobile Home Park Zones may be created as set forth in this Ordinance." Section 4. 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 5. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. TOMPKINS COUNTY Ts N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 • ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 TO: Attorney John Barney FROM: Carol W. Sczepanski, Town Clerk,, DATE: May 10, 2001 iv RE: Proposed Local Law Information Enclosed are materials for two proposed local laws for the Town of Danby amending the Zoning Ordinance which contains: A copy of the notice I sent to the NYS Parks Commission and surrounding townships (towns listed on copy) Affidavit of service by mail to the Town Board of the Town of Danby Notice of publication (which has been posted at the Town Hall) Planning Board resolutions (four) A copy of the Town Clerk instructions from our Associations of Towns on publication. I may have goofed - our ordinance requires 10 days publication and I didn't read that requirement in the ordinance before publication. If this is a critical item please let me know. I need you to prepare the resolutions for passage of the local laws (should the Board vote on Monday)and of course instructions for advertising their passage in the Journal. I should be in the office Friday from 9 - 4, Saturday from 9 - noon and most of Monday afternoon (Mondays are my day off). My home phone is 273-2759 if you need to reach me. Nr �) • Subj: Zoning changes Date: 3/19/01 1:49:16 PM Eastern Standard Time 413=19 From: Img4 @cornell.edu (Laurene Gilbert) To danbydan @hotmail.com (Dan Klein), rocr @cortland.edu (Bob Roe), ohvl @comell.edu (Olivia Ven , SBeeners @aol.com Dear PB Members: (Sue-could you see that Linda, Bill and Nancy get this as well? thanks) Below is a portion of news, written by Joel and reviewed by TB members, that will appear in the next Danby Area News. I'm sending it to you because it's the clearest description of the zoning changes that I've heard and I thought it might be helpful to you as well: Zoning Changes Proposed Two changes to the zoning ordinance initiated by the Town Board were referred to the Planning Board for their review and recommendation. One would remove the Medium Density Residential Zone as a target area for businesses that aren't home occupations (the current law designates both the medium and high density zones as the target area). The second change would eliminate an exception to the density requirement in the medium-and low-density zones. Currently, the ordinance requires new development in the medium-density zone to have on average at least 1 1/2 acres per dwelling and in the low-density zone at least 2 acres per dwelling. Individual lots need not be that large since clustering is encouraged and may even be mandated. There is an exception, however, which allows for 1-acre lots along existing roads as long as those lots have at least 150 feet of frontage. We propose to eliminate this frontage-based exception. Following Planning Board review, these proposed changes will come back to the Town board for action. We will conduct a public hearing, probably in May to allow plenty of time for public input and discussion. Laurene Gilbert, ASLA Landscape Planner, Project Manager Planning, Design and Construction 607-255-7358 Fax 607-274-2052 Dear PB Members:  (Sue-could you see that Linda, Bill and Nancy get this as well?  thanks) Below is a portion of news, written by Joel and reviewed by TB members, that will appear in the next Danby Area News.  I'm sending it to you because it's the clearest description of the zoning changes that I've heard and I thought it might be helpful to you as well:   Zoning Changes Proposed <x-tab>        </x-tab>Twochanges to the zoning ordinance initiated by the Town Board were referred to the Planning Board for their review and recommendation. One would remove the Medium Density Residential Zone as a target area for businesses that aren't home occupations (the current law designates both the medium and high density zones as the target area). The second change would eliminate an exception to the density Friday,January 21,2000 America Online:SBeeners Page: 1 Subj: Zoning changes Date: 3/16/01 12:20:56 PM Eastern Standard Time From: Img4 @cornell.edu (Laurene Gilbert) To: SBeeners @aol.com, rocr@cortland.edu (Bob Roe), ohvicomell.edu (Olivia Vent), danbydan @hotmail.com (Dan Klien) Sue (or Carol), Could you see that Linda, Nancy and Bill get this? Thanks. "Before our next regular PB meeting, scheduled for April 30th, I'd like to suggest that everyone on our board read over the material Sue provided fully and review the Environmental Assessment Form thoroughly, making notes regarding answers on the form. I haven't had a chance myself to read it ` over, but it may be that we'll want a long form EAF instead of the short form, if we feel we aren't getting enough information from the short form. I think our best strategy as a board, is to make a determination t� based on the answers to each and every question on the EAF. Then we c,?n 1 / say we either generally agree or disagree, and add comments or questions 1F we'd like addressed on the form. Ultimately we'll need to make a report to the TB recommending whether or not there would be any environmental impacts, and whether or not the proposed local laws should be enacted, with or without modifications. More info will be coming from Sue on the Target Zone issue. A side note: For commercial and residential changes it is not unheard of to recommend a Generic Environmental Impact Statement (GEIS). This is not an easy task and requires both time and money, but if the TB is passing two zoning ordinances together, with two separate EAF's, it could be seen as segmenting out actions in the SEQR process and could be challenged by the County. Laurene "PLAN FIRST, THEN ZONE" Laurene Gilbert, ASLA Landscape Planner, Project Manager Planning, Design and Construction 607-255-7358 Fax 607-274-2052 ---------------- Headers ----Return-Path: <img4 @corneii.edu> Received: from rly-yg05.mx.aol.com (rly-yg05.mail.aol.com [172.18'147.5]) by air-yg05.mail.aol.com (v77_r1.21) with ESMTP; Fri, 16 Mar 2001 12:20:56 -0500 Received: from postoffice.mail.cornell.edu (postoffice.mail.cornell.edu [132.236.56.7]) by rly-yg05.mx.aol.com (v77_r1.35)with ESMTP; Fri, 16 Mar 2001 12:20:39 1900 Received: from GILBERT-NEW.cornell.edu ([128.253.241.23]) by postoffice.mail.ccrnel! edu (8.9.3/8.9.3)with ESMTP id MAA04090; Fri, 16 Mar 2001 12:20:36 -0500 (EST) Message-!d: <5.0.1.4.2.20010316114011.05d38cf8 @postoffice2.mai!.comell.edu> X-Sender: Img4 @postoffice2.mail.cornell.edu (Unverified) weone.nay,.ianuar;19,2009 Ome'l a Onine;swener3 Page: 1 • TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001 A LOCAL LAW AMENDING.THE ZONING ORDINANCE TO ELIMINATE MEDIUM DENSITY RESIDENTIAL ZONES FROM THE COMMERCIAL TARGET AREA Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following section. Section 2. Article VI, Section 603, subparagraph 1 entitled "LOCATION OF COMMERCIAL TARGET AREA" is hereby amended to read as follows: "1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the Town of Danby Zoning Map designated High Density Residential Zones are the Commercial Target Area." Section 3. Article IV, Section 401, entitled "MAP" is hereby amended to read as follows: "Section 401 — MAP. Said zones, except for the Commercial Target Area and Mobile Home Park Zones, are bounded as shown on a map entitled "Zoning Map Town of Danby" adopted December 11, 1991, and signed by the Town Clerk. Details of existing Commercial Zones and Planned Development Zones are shown in the Supplement to Town of Danby Zoning Map Showing Details of Commercial Zones and Planned Development Zones" dated December 11, 1991 accompanying the Zoning Map. Said map, map supplement, and all explanatory matter thereon and amendments thereto are hereby made a part of this Ordinance. The Commercial Target Area consists of all the Commercial Zones and all of the High Density Residential Zones shown on said map. Certain existing Planned Development Zones (formerly known as Planned Development Districts) are shown on said map. New Commercial Zones, Planned Development Zones, and Mobile Home Park Zones may be created as set forth in this Ordinance." Section 4. 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 5. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. TOWN OF DANBY PROPOSED LOCAL LAW NO. OF 2001 A LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES, FRONTAGE DIMENSIONS, AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP; AND TO MODIFY CERTAIN PROVISIONS RELATED TO PRE-EXISTING LOTS AND NONCONFORMING LOTS OF RECORD Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991, as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following sections. Section 2. Article V, Section 505 entitled "PRE-EXISTING LOTS" is hereby amended to read as follows: "Section 505 — PRE-EXISTING LOTS. A small lot, which was a legal building lot before adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot) and which does not meet the minimum requirements of this Ordinance for the zone in which it is located after the time the Ordinance was adopted (or so amended), may be used for any use permitted within said zone provided that all structures on said lot otherwise comply with the terms of this Ordinance. A building, already constructed on such a lot may be altered or enlarged provided that the proposed alteration or enlargement otherwise complies with the terms of this Ordinance in effect at the time of such alteration or enlargement" Section 3. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 4. Article VI, Section 600, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width—fifty feet." Section 5. Article VI, Section 600, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA, FRONTAGE, AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 6. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL ZONE", subparagraph 4 entitled "REQUIRED LOT AREA" is hereby amended to read as follows: "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." Section 7. Article VI, Section 601, subparagraph 5 entitled "YARDS", sub- subparagraph (b) is hereby amended to read as follows: "(b) Minimum side yard width— thirty-five feet." Section 8. Article VI, Section 601, is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS" and by renumbering the succeeding subparagraphs 7 (entitled "SIGNS"), 8 (entitled "HEIGHT'), and 9 (entitled "BUILDING AREA") to be subparagraphs 6, 7, and 8, respectively. Section 9. Article X, Section 1000 entitled "NONCONFORMING LOTS OF RECORD" is hereby amended to read as follows: "Section 1000 - NONCONFORMING LOTS OF RECORD. In any Zone in which one single- or two-family dwelling is permitted, a single- or two- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Ordinance (or adoption of an amendment to this Ordinance changing the lot to a non-conforming lot), provided such lot was a valid, lawfully existing lot at the time the Ordinance was adopted (or so amended). No minimum yard dimensions on any such nonconforming lot shall, however, be reduced, and no height restrictions or parking requirements may be changed without a variance." Section 10. The Zoning Map of the Town of Danby, approved by the Town Board on December 11, 1991 and subsequently amended from time to time, is hereby amended by deleting the following note in the map margin: "NOTES: In LD and MD Zones, areas within 400 feet of the centerline of roads depicted with a Solid line as opposed to a Dashed line, are areas where reduction in Lot Size, Yards, and/or Frontage is permitted per the terms of the Zoning Ordinance". Section 11. 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 12. This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. Town Board May 28, 2001 Town of Danby NY Supervisor's Office 1830 Danby Rd. Ithaca, NY 14850 As taxpayers and voters in the Town of Danby, we the undersigned wish to go on record as being of the following opinions regarding proposed zoning changes in the town. We are opposed to any land use restrictions that are more restrictive than those required to assure public safety and health. Any lot size restrictions that are more restrictive than required by County Public Health Department regulations, DEC or EPA regulations place undue burden on both existing and future land owners in the Town of Danby. The proposed 200 foot minimum frontage requirements for future residential construction is without merit and unnecessarily restrictive. In fact, any other lot size restrictions for residential construction not required to assure public health and safety are unnecessary and again place undue burden on both existing and future landowners. Appropriate lot size should be determined by agreement between the seller and buyer within acceptable public health standards and any imposition of third party opinions should be of no concern to town government. 0 6 i* a cP Respectfully, � LU (Ns c W M co. Ilk < L. Patrick Caveney / Judith A. Caveney �.441 77 Gunderman Rd. a Ithaca, NY 14850 PROOF BY SUBSCRIBING WITNESS STATE OF NEW YORK ) ) § : COUNTY OF TOMPKINS ) 01 On this 30 day of rn d 4-9-7-, before me personally came 04Q.. a subscribing witness to a signature on the foregoing instrument, with whom I am personally acquainted, who, being by me my sworn, �cI d epode and say that he/she resides at 0'& C, . r that he/she knows , to be one of the individuals described in and who executed the foregoing petition; that he/she, said subscribing witness, was present and saw said witness, at the same time affixed his/her name as witness thereto. apcd-/-<:-/ otary P I c�o1W Not C; PubQ State of New York IVo.487pork QvetFfied In Pions Coun �� n'�mmission Expire§Anti 90 h' \ 24 02 1 ,, 1\ t ="f PETITION To the Town Board Danby, NY We,the undersigned residents of the Town of Danby,herewith petition the Town Board to bring sections of the zoning ordinance into conformity with neighborhood characteristics. The current ordinance permits high density vehicular traffic upon roads not intended for this useage. Specifically,the designation of Comfort Road as an"industrial access highway" may have served the purpose of enlisting state funding for the Buttermilk bridge replacement,but that designation is most inappropriate. Roads within medium density areas should not be designated as"commercial target"zones. Pe/; er's Name Address Date I / j-7/10 --( ( .M.la.., .I I._4._ fir . A a 1 a le i■Pa IMIMPIrt._ / g S Z O 1 v/'7 i C///l /f / / / 4076V 'I,' 1 = 4. &.._7'101 - .,4e%' 9v3 esoAllraer gp 06/a/ /•l� C 0(� Q,�, r) -- ter' l� Tgaiiv, , , /" Ce '`d Z. 10 07 l'i21161-il7 1;/,-.4.„,,s. '36 C /7-' 0 i c-wk .� ��.!:.1 .. :.1 2.�., 6 7 - 07 cpvy -, PROOF BY SUBSCRIBING WITNESS STATE OF NEW YORK ) ) §: COUNTY OF TOMPKINS ) jod/ )1) On this 36 day o 7 , before me personally came 0( -2214` subscribing witness to a signature on the foregoing instrument, with whom I am personally acquainted, wh , being by me d y swo n, di depose and say that he/she resides at "70 that he/she knows , to be one of the individuals described in and who executed the foregoing petition; that he/she, said subscribing witness, was present and saw said witness, at the same time affixed his/her name as witness thereto. ()Notary - CAROL W.SCZEPANSKI Notary Public,State of New York T n ffied i4ompk ns Ouel County rnmmission Expires Auouct 70, i �1 \i.� -�yy < c` .4* PETITION t ° , -' ' ai: ' :4% L'Is,-I We the undersigned residents of the Town of Danby petition the Town .:. d to b`' ,sectio°s:of the zoning ordinance into conformity with our neighborhood characteristi ''#:� �-a,, • y' \ P "lza ' the 400 foot loophole for low and medium density road which effectively m.Fall D .b4ads high density and is currently in our zoning ordinance to be eliminated. In addition we believe that medium density roads should not be designated a" commercial target zone." INIAme Address Date Pot,Vi,c,e.-r, ti 3 �--C. 6 " S: ' S//<3 X200 l V1Y( 1414 0 62d. 13 niOtodi owo.k.Qcvcreyvl 6A,t,tv‘ 6/0 CO LAA--0 4- ao(Aft eat 1 igy ,.04( -rim 12.4 644- P 6fv4`,r kat 44(14 J /(L c+I- P. sig,w 6l0-4l 21444 & ►H.IJeri 2d -9 cg A J1 iI Ion agfadfilickt y 1 V° AFT T 5-( °( Ravidt,„___:0211111 yz) GU e-' ,,,,,,o...._ / s/a0/0, G),:tcac5.„,„ I ) 0 6...k......, Ra., .INt.,,QA. A)V 6129/6/ 1 !D G V n ,►'%ri.n 68., -�—•-'`'kae.A, N Gt ,54,,,a/01 CliirPtv ii(414-1:11 "7 gr- 'ein."--,A44-lez-ii r?Ce' )11Let,,, ///y .5-7,2, a/ 1/ - Y IO'4 Cork 1 ec sew i-/y igXg13 r/zt/ / ■)__I ___6 took_ Ga . *i i to\-k t`f, s5 f u l b 12.....->tic------af 9 t--- ti--7 c:), o 4;-, I, kc) 2 f e.,.., cc, 0 L A° (2._0 S 1 c .6S3 V a b/z)s 1 NIP, PETITION We the undersigned residents of the Tavv-of Danby petition the Town Board to bring sections of the zoning ordinance into conformity wi=th'our neighborhood characteristics. We advocate that the 400 foot loophole for low and medium density road which effectively makes all Danby roads high density and is currently in our zoning ordinance to be eliminated. In addition we believe that medium density roads should not be designated a" commercial target zone." Name A.dress Date , 1 i 1 II j / ' , ‘ I I if -7 D SS 6,444,/,-(Kt 0 , (3 2.,(23-b / � / 4. ' /1 ,1 , G� '� l I ��, , Nt • pf)4 -z8,41) , ,A , , ir? Nu,.tr_ _.......00011 ' ( Pt ow.P.Ak-eo (0 ( I 13� 1 150-&-.-- c.,‘4.cl c o� o �,9 \`1ct� k Si 'l.0, VQ"-ry,--(L/N-,//1 �/6 'COR- #� Ag /2/ tea( ,,Q, A) 'r6g1) __ I ckaii— 7-7g -CemPo 0 I—go /1\4 /2, -, 6r.'( i , , ael,/,,,,i, c (c- ,-/I.Iffi hd ba,i. 13/ 3.0p ( , ! 74,6e. (40L____ © P /3 zoo/ - // / �09 Correart ed Maui /31 d08 ifuLat / / % ,/' 7 757 7 S l (0 44- -,ec/ i&/ i3, P-90( cL_rsi ,/i46 `/ qy C°tf4- " 43-'0/ / / 0/ / A' C. I, I �- 1-ai Corn : i4 , s 13 b1 °�©/ --\--(CLi-^-12-____ _-cAN/4., 61,3 0 c,_4„,4tr„,,.._.�9 S 1 ��2 I, G U 11 l 1 i, PETITION We the undersigned residents of the Town of Danby petition the Town Board to bring sections of the zoning ordinance into conformity with pur neighborhood characteristics. We advocate that the 400 foot loophole for low and density road which effectively makes all Danby roads high density and is currently in our zonipo ordinance to be eliminated. In addition we believe that medium density roads should not be designated a" commercial target zone." Name Address Date • - 5/ /ô/ '1 le 0(._ s'. �7 CO 0 y RESOLUTION NO. 1 OF APRIL 30, 2001 Determination of Environmental Significance related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record By: Dan Klein: Seconded by Olivia Vent WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning Board for its recommendation a Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record; and WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that proposed amendments or changes to the Zoning Ordinance be referred to the Planning Board for a report thereon; and WHEREAS, the proposed local law is an Unlisted Action for which the Town Board is legislatively determined to act as Lead Agency in environmental review; and for which the Planning Board is an involved agency in making a report to the Town Board; and the Tompkins County Department of Planning is an involved agency with respect to General Municipal Law 239-m review; and WHEREAS, the Planning Board has reviewed the proposed local law, as revised through April 26, 2001 with such revision incorporating revisions suggested by the Town Attorney; and has also reviewed the Environmental Assessment review prepared by the Code Enforcement Officer; NOW, THEREFORE, IT IS RESOLVED,that the Planning Board reports to the Town Board that it recommends that a negative determination of environmental significance be made for this Unlisted action. A roll call vote on the resolution resulted as follows: Farrell Aye Hansen Aye Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously v PROPOSED RESOLUTION NO. 2 OF APRIL 30, 2001 Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record By Dan Klein: Seconded by Chairperson Gilbert WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning Board for its recommendation a Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record; and WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that proposed amendments or changes to the Zoning Ordinance be referred to the Planning Board for a report thereon; and WHEREAS, the proposed local law is an Unlisted Action for which the Town Board is legislatively determined to act as Lead Agency in environmental review; and for which the Planning Board is an involved agency in making a report to the Town Board; and the Tompkins County Department of Planning is an involved agency with respect to General Municipal Law 239-m review; and WHEREAS, the Planning Board has reviewed the proposed local law, as revised through April 26, 2001 with such revision incorporating revisions suggested by the Town Attorney; and has also reviewed the Environmental Assessment review prepared by the Code Enforcement Officer; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board recommends enactment of a local law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in the Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record. A roll call vote on the resolution resulted as follows: Farrell Nay Hansen Aye Klein Aye Roe Nay Vent Aye Weitzel Aye Gilbert Aye Carried RESOLUTION NO. 3 OF APRIL 30, 2001 Further Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record By Dan Klein: Seconded by Olivia Vent RESOLVED, that the Planning Board recommends enactment of a local law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in the Medium Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record. A roll call vote on the resolution resulted as follows: Farrell Nay (Four(4) Nays - Three(3) Ayes Hansen Nay Klein Aye Roe Nay Vent Aye Weitzel Nay Gilbert Aye Defeated RESOLUTION NO. 4 OF APRIL 30, 2001 Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance to Eliminate Medium Density Residential Zones from the Commercial Target Area By Bob Roe: Seconded by Nancy Weitzel WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning Board for its recommendation a Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Eliminated Medium Density Residential Zones from the Commercial Target Area; and WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that proposed amendments or changes to the Zoning Ordinance be referred to the Planning Board for a report thereon; and WHEREAS, the proposed local law is a Type I Action for which the Town Board is legislatively determined to act as Lead Agency in environmental review; and for which the Planning Board is an involved agency in making a report to the Town Board; and the Tompkins County Department of Planning is an involved agency with respect to General Municipal Law 239-m review; and WHEREAS, the Planning Board has reviewed the proposed local law and has also reviewed the Long Environmental Assessment Forms and review prepared by the Code Enforcement Officer; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board reports to the Town Board that it cannot make a favorable recommendation at this time as it is not consistent with current planning concepts encouraging density in or near traditional population centers. A roll call vote on the resolution resulted as follows: Farrell Aye Hansen Aye Klein Abstained Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried With Reservations TOWN OF DANBY - PLANNING BOARD RESOLUTIONS RELATED TO PROPOSED LOCAL LAWS RESOLUTION NO. 1 OF APRIL 30, 2001 Determination of Environmental Significance related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record RESOLUTION NO. 2 OF APRIL 30, 2001 Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record RESOLUTION NO. 3 OF APRIL 30, 2001 Further Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record RESOLUTION NO. 4 OF APRIL 30, 2001 Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance to Eliminate Medium Density Residential Zones from the Commercial Target Area STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolutions are a true and exact copy of resolutions duly adopted by the Planning Board of said Town of Danby at a Special meeting held on the 30th day of April 2001. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 4th day of May, 2001. 016°-(61 1/ ' _ dr4-i Carol W. Sczep s i, Town Clerk I