HomeMy WebLinkAboutLL 1995 #1 Zoning, building lots (Pleasebse this'Form for Filing your 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.
) OU*IX Town of Danby
Local Law No.1 of Gityx o' DANNY
Town
lddthnt
Local Law No. of the year 19 95
A Local Law.:'A.LOCAL.LAW.AMENDING.THE.TOWN.OF.DANBY.ZONING.OBDINANCE.BEGABDING.TUE.NUMBER
OF RESIDENTIAL BUILDINGS ON A LOT, EXTRACTION OR DEPOSIT OF FILL, VARIOUS REVISIONS WHICH
PERMIT AGRICULTURAL BUILDINGS AND USES IN ALL ZONES, OWNER OCCUPANCY OF TWO-UNIT DWELLINGS
IN LOW DENSITY RESIDENTIAL• ZONES; •SIZE• OF .ACCESSORY .APARTMENT IN LOW-AND .MEDIUM. DENSITY
RESIDENTIAL ZONES, RESTRICTIONS: ON..LIGHTING"OF SIGNS THAT .IDENTIFY HOME OCCUPATIONS,
SINGLEWIDE AND DOUBLEWIDE MOBILE HOMES, COMMERCIAL ZONE SETBACKS, BUFFERS, AND MINOR
TECHNICAL CHANGES, PUBLIC HEARING SCHEDULING, NOTIFICATION PROCEDURES, AND TIME FRAMES
FOR DECISIONS, CONSIDERATIONS AND CRITERIA FOR SPECIAL PERMITS, PERMIT TO BUILD, AND
BOARD OF ZONING APPEALS PROCEDURES AND VARIANCE CRITERIA."
Be it enacted b) the X41•I1i .OF.AMAX .TOWN. WARD of the
(!Jame of Lc,isIamc nod))
•
CViligXX • .
Liu, of AMAX as follows:
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A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE NUMBER OF
RESIDENTIAL BUILDINGS ON A LOT, EXTRACTION OR DEPOSIT OF FILL, VARIOUS
REVISIONS WHICH PERMIT AGRICULTURAL BUILDINGS AND USES IN ALL ZONES,
OWNER OCCUPANCY OF TWO-UNIT DWELLINGS IN LOW DENSITY RESIDENTIAL
ZONES, SIZE OF ACCESSORY APARTMENT IN LOW AND MEDIUM DENSITY
RESIDENTIAL ZONES,RESTRICTIONS ON LIGHTING OF SIGNS THAT IDENTIFY HOME
OCCUPATIONS, SINGLEWIDE AND DOUBLEWIDE MOBILE HOMES, COMMERCIAL
ZONE SETBACKS, BUFFERS, AND MINOR TECHNICAL CHANGES, PUBLIC HEARING
SCHEDULING, NOTIFICATION PROCEDURES, AND TIMEFRAMES FOR DECISIONS,
CONSIDERATIONS AND CRITERIA FOR SPECIAL PERMITS, PERMIT TO BUILD, AND
BOARD OF ZONING APPEALS PROCEDURES AND VARIANCE CRITERIA.
Be it enacted by the Town Board of the Town of Danby a local law to be entitled "A LOCAL
LAW AMENDING THE ZONING ORDINANCE REGARDING THE NUMBER OF
RESIDENTIAL BUILDINGS ON A LOT, EXTRACTION OR DEPOSIT OF FILL, VARIOUS
REVISIONS WHICH PERMIT AGRICULTURAL BUILDINGS AND USES IN ALL ZONES,
• OWNER OCCUPANCY OF TWO-UNIT DWELLINGS IN LOW DENSITY RESIDENTIAL
ZONES, SIZE OF ACCESSORY APARTMENT IN LOW AND MEDIUM DENSITY
RESIDENTIAL ZONES,RESTRICTIONS ON LIGHTING OF SIGNS THAT IDENTIFY HOME
OCCUPATIONS, SINGLEWIDE AND DOUBLEWIDE MOBILE HOMES, COMMERCIAL
ZONE SETBACKS, BUFFERS, AND MINOR TECHNICAL CHANGES, PUBLIC HEARING
SCHEDULING, NOTIFICATION PROCEDURES, AND TIMEFRAMES FOR DECISIONS,
CONSIDERATIONS AND CRITERIA FOR SPECIAL PERMITS, PERMIT TO BUILD, AND •
BOARD OF ZONING APPEALS PROCEDURES AND VARIANCE CRITERIA" as follows: - r
Section 1. The Zoning Ordinance of the Town of Danby adopted December 11, 1991,
and as the same has been subsequently amended be and the same hereby is amended as set forth in
the following sections:
Section 2. The present Section 511 -NUMBER OF BUILDINGS ON A LOT, is deleted,
and a new Section 511 -NUMBER OF BUILDINGS ON A LOT, is inserted to read as follows:
•
"Section 511-NUMBER OF BUILDINGS ON A LOT. There shall not be more than one
principal residential building on any lot unless a Special Permit for same is given by the Planning
Board. When there is more than one principal residential building on a lot the space shall be as
provided in Section 510 above with respect to yards. Each principal residential building shall have the •
equivalent minimum lot area per dwelling unit required for a single family dwelling."
. (If additional space is needed, please attach sheets of the same size as this and number each)
(1)
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Local Law No.1 of 1995
Section 3. The present Section 516 - EXTRACTION OR DEPOSIT OF FILL AND
RELATED PRODUCTS, is deleted. The present Section 517 -LIMITATION ON CHURCHES,
SCHOOLS, ETC., is renumbered to be Section 516.
section 4. The present Section 600-LOW DENSITY RESIDENTIAL ZONE,is deleted,
and a new Section 600 -LOW DENSITY RESIDENTIAL ZONE, is inserted to read as follows:
"Section 600-LOW DENSITY RESIDENTIAL ZONE. The purpose of the Low Density
Residential Zone is to provide an area of limited development where it is deemed most desirable in the
Town to maintain larger lots for development and permit the possibility of continued agricultural use
of the areas without limiting the areas to solely agricultural uses.
1. PERMITTED PRINCIPAL USES.
(a) One single-family or one two-family dwelling per lot provided that each
dwelling unit is occupied by no more than one family.
(b) Public utility structures.
(c) Customary Agricultural Uses and structures, including roadside stands not
exceeding 400 square feet, provided, however, that no storage of manure or
any permanent use of land or buildings producing offensive odor or dust shall
be permitted within 25 feet of any side or rear property line.
2. PERM1TIED ACCESSORY USES.
(a) Private garage, either attached or unattached to the principal building.
(b) Home occupations provided that there shall be no external evidence of such
activity on the site except a sign denominating such occupation not over ten
square feet in area. Any such sign shall be nonflashing and, if illuminated,
shall be shielded as much as possible from adjacent residences.
(c) One residential storage building per lot not to exceed 400 square feet in total
area.
(d) Private swimming pool,tennis courts,and other similar recreational facilities
for the principal private use of the occupants of the dwelling.
(e) Customary farm buildings such as barns, silos, livestock enclosures, storage
buildings and similar structures.
(f) Roadside stands not in excess of four hundred square feet of interior area and
selling only products produced on the same lot or produced on land within a
ten mile radius of the location of the stand.
3. USES PERMITTED BY SPECIAL PERMIT ONLY.
(a) Churches and similar religious institutions.
(b) Hospitals.
(c) Public schools, parks and playgrounds.
(d) Public library.
(e) Nursery schools, group family day care homes, and day care centers.
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(d) Temporary signs which shall not be more than fifteen square feet in area and
which have been approved by the Board of Appeals.
8. HEIGHT. Except as otherwise authorized under the terms of this Ordinance, no
building shall exceed thirty-six feet in height from lowest exterior grade or forty feet
in height from lowest interior grade. No structure shall exceed thirty-six feet in height.
This height limitation shall not apply to silos, barns, or other structures used in
connection with generally recognized agricultural operations. No such structures,
however, shall exceed one hundred feet in height,or be located less than one hundred
feet from any property line.
9. BUILDING AREA. The maximum Building Area shall not exceed twenty-five
percent of the Lot Area."
Section 5. The present Section 601 -MEDIUM DENSITY RESIDENTIAL ZONE, is
deleted, and a new Section 601 -MEDIUM DENSITY RESIDENTIAL ZONE, is inserted to read
as follows:
"Section 601-MEDIUM DENSITY RESIDENTIAL ZONE. The purpose of the Medium
Density Residential Zone is to maintain the residential character of certain areas of the Town, to
provide a buffer or transition from the low density residential and agricultural areas to the high density
residential areas and areas where commercial activities may be subsequently permitted.
1. PERMITTED PRINCIPAL USES. The permitted principal uses are the same
permitted principal uses as are permitted in a low density residential zone.
2. PERMITTED ACCESSORY USES. The permitted accessory uses are the same uses
as are permitted in a low density residential zone.
3. USES PERMITTED BY SPECIAL PERMIT ONLY.
(a) The same uses as are permitted by Special Permit in a low density residential
zone.
(b) Other uses not specifically listed above but deemed by the Planning Board to
be similar in nature and compatible with the purposes of the zone.
4. REQUIRED LOT AREA. Lot area shall be not less than one and one-half acres with
frontage of not less than one hundred fifty feet and a lot depth of not less than two
hundred feet, except as provided in Section 601,Paragraph 6.
5. YARDS.
(a) Minimum front yard depth- fifty feet.
(b) Minimum side yard width-thirty-five feet,except as provided in Section 601,
Paragraph 6.
(c) Minimum rear yard depth- fifty feet.
6. REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS.
Notwithstanding the provisions of the two immediately preceding subparagraphs, in
an area bounded by the centerline of a street designated on the Zoning Map(being
largely all streets publicly owned on January 1, 1992,that are not seasonal use streets
or streets that have only state forest land fronting on both sides) and a line parallel to
such street centerline and 400 feet distant therefrom, the required lot area is not less
than one acre and the minimum side yard width is 25 feet.
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Local Law No.1 of 1995
7. SIGNS. Signs are limited to the same as those permitted in a Low Density Residential
Zone.
8. HEIGHT. Height limitations are the same as in the Low Density Residential Zone.
9. BUILDING AREA. Building area limitations are the same as in the Low Density
Residential Zone."
Section 6, The present Section 602 - HIGH DENSITY RESIDENTIAL ZONE, is
deleted, and a new Section 602 -HIGH DENSITY RESIDENTIAL ZONE, is inserted to read as
follows:
"Section 602 - HIGH DENSITY RESIDENTIAL ZONE. The purpose of the High
Density Residential Zone is to provide for an area where more intense development is encouraged to
occur in the general vicinity of through traffic areas and areas that are already intensively developed.
1. PERMITTED PRINCIPAL USES. The permitted principal uses are the same uses
as are permitted principal uses in a medium density residential zone.
2. PERMITTED ACCESSORY USES. The permitted accessory uses are the same uses
as are permitted in a medium density residential zone.
3. USES PERMITTED BY SPECIAL PERMIT ONLY.
(a) Those uses permitted by Special Permit in a medium density residential zone.
(b) Multiple-family dwellings.
(c) Hotels, motels, and boarding homes.
(d) Other uses not specifically listed above but deemed by o Planning Board to
be similar in nature and compatible with the purposes
4. REQUIRED LOT AREA. Lot area shall be not less than one acre with frontage on
a public street of not less than one hundred fifty feet and a lot depth of not less than
two hundred feet unless the area acre is served by public water,in which with frontage on a public street event not less than
shall be not less than one half
seventy-five feet and a lot depth of not less than one hundred fifty feet.
5. YARDS.
(a) Minimum front yard depth- fifty feet.
(b) Minimum side yard width-twenty feet.
(c) Minimum rear yard depth- fifty feet.
Notwithstanding the foregoing,if a multiple-family dwelling is permitted,the minimum
yards shall be increased so that no structure on lots containing one or more multiple-
family dwellings shall be located closer than eighty feet from any exterior property line,
fifty feet from any public road right of way,or within thirty feet of any other structure
on the lot.
6. SIGNS.
(a) Same as those permitted in a medium density residential zone.
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Local Law No.1 of 1995
(b) Motels, hotels, and boarding homes - an identification sign may be located on
or attached to the principal facade of the building or located in the required
yard space. If attached to the facade, such sign shall not exceed twenty-five
percent of the facade area or fifty square feet, whichever is more restrictive.
If free-standing, such sign shall not exceed fifty square feet in the aggregate.
If illuminated, such sign shall be non-flashing.
7. HEIGHT. Height limitations are the same as in the Low Density Residential Zone.
8. BUILDING AREA. Building area limitations are the same as in the Low Density
Residential Zone."
Section 7. The present Section 603 - COMMERCIAL TARGET AREA, is deleted, and
a new Section 603 - COMMERCIAL TARGET AREA, is inserted to read as follows:
"Section 603 - COMMERCIAL TARGET AREA. The purpose of establishing the
commercial target area and the following regulations is to establish certain areas where retail business
and other commercial uses of land will be encouraged and to establish standards by which
development in these areas shall occur. Pending establishment of any commercial zone "A", "B", or
"C", within the commercial target area, the land within said target area shall be governed by the
existing residential district regulations.
The Town Board may establish a commercial zone "A", "B", or "C" anywhere in the
commercial target area. The uses permitted in each of said commercial zones shall be as set forth
below.
1. LOCATION OF COMMERCIAL TARGET AREA. The areas shown on the Town
of Danby Zoning Map designated Medium Density Residential and High Density
Residential Zones are the Commercial Target Area.
2. COMMERCIAL ZONE "A".
(a) PURPOSE. The purpose of establishing a Commercial Zone "A" is to provide
an area, usually adjacent to a residential zone, where commercial activities
involving a low impact in respect to traffic, noise, intensity of use, and low
overall impact on the neighborhood will be permitted.
(b) PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "A". All
permitted principal uses that are explicitly permitted in High Density
Residential Zones without requiring a Special Permit are explicitly permitted
in a Commercial Zone "A".
(c) PERMITTED USES IN A COMMERCIAL ZONE "A" UPON APPROVAL
OF THE SITE PLAN. The following uses are permitted upon approval of the
site plan by the Planning Board:
(i) Retail food store not larger than 10,000 square feet of building area.
(Retail food store does not include restaurants.)
(ii) Business offices or professional offices.
•
(iii) Bank or other financial institution.
(iv) Book store not larger than 5,000 square feet.
(v) Drug store not larger than 5,000 square feet.
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(vi) Hardware store not larger than 5,000 square feet.
(vii) Smoke shop not larger than 5,000 square feet.
(viii) Retail service store such as a barber shop,
beauty parlor, florist shop, tailor shop, and any other similar retail
store, all of which shall be not larger than 5,000 square feet of building
area.
(ix) Horticultural nurseries.
(d) USES PERMT1T ED IN A COMMERCIAL ZONE "A" BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the site
plan and issuance of a Special Permit by the Planning Board:
(1) Gasoline service station.
(ii) Public schools.
(iii) Child nursery or day care centers, and private
schools including commercially oriented schools such as dancing, art,
and business schools.
(iv) Churches and similar religious institutions.
(v) Community centers.
(vi) Tourist homes containing no more than ten beds.
(vii) Package liquor store not larger than 5,000 square feet.
(viii) Other commercial uses upon the finding by the
Planning Board that such use is of the same general character as those
permitted and such use will not be detrimental to the other uses within
the zone or to the adjoining land uses.
3. COMMERCIAL ZONE "B".
• (a) PURPOSE. The purpose of establishing a Commercial Zone "B" is to provide
an area where commercial activities involving a moderate impact, including
moderate traffic, noise, and similar impacts, to a neighborhood will be
permitted.
(b) PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "B". All
permitted principal uses that are explicitly permitted in a Commercial Zone "A"
without requiring a Special Permit or site plan approval are permitted in a
Commercial Zone "B".
(c) PERMITTED USES IN A COMMERCIAL ZONE "B" UPON APPROVAL
OF THE SITE PLAN. The following uses are permitted upon approval of the
site plan by the Planning Board:
(i) Any of the uses permitted upon approval of the site plan in
Commercial Zone "A".
(ii) Retail food stores with more than 10,000 square feet of building area.
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Local Law No.1 of 1995
(iii) Bookstores, drugstores, hardware stores, and
smokeshops of more than 5,000 square feet of building area.
(iv) Retail service stores such as barber shops, beauty parlors, florists,
tailors, and any other similar retail stores of more than 5,000 square
feet.
(v) Laundromats and dry cleaning facilities.
(vi) Funeral homes and mortuaries.
(d) USES PERMITTED IN A COMMERCIAL ZONE "B" BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the site
plan and issuance of a Special Permit by the Planning Board.
(1) Any uses permitted by Special Permit in a Commercial Zone "A".
(ii) Motor vehicle sales facilities.
(iii) Restaurants, including fast food restaurants.
(iv) Indoor recreational facilities such as skating rinks, bowling alleys, etc.
(v) Clubs and fraternal organization facilities.
(vi) Utility facilities including substations, transmission facilities, etc. but
not including transmission facilities involving antennae or other items
whose height exceed the maximum permissible height set forth
elsewhere in this ordinance.
(vii) Tourist homes with more than ten beds.
(viii) Package liquor stores larger than 5,000
square feet.
(ix) Taverns
(x) Other similar commercial uses upon the finding by the Planning Board
that such use is of the same general character as those permitted and
such use will not be detrimental to the other uses within the zone or to
the adjoining land use.
4. COMMERCIAL ZONE "C".
(a) PURPOSE. The purpose of establishing a Commercial Zone "C" is to provide
an area where commercial activities involving an impact greater than normally
found in uses permitted in Commercial Zones "A" and "B", including greater
impacts in respect to traffic, noise, and overall impact, will be permitted.
(b) PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "C". All
permitted principal uses that are explicitly permitted in a Commercial Zone "B"
without requiring a Special Permit or site plan approval are permitted in a
Commercial Zone "C".
(c) PERMITTED USES IN A COMMERCIAL ZONE "C" UPON APPROVAL
OF THE SITE PLAN. The following uses are permitted upon approval of the
site plan by the Planning Board:
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Local Lew No.1 of 1995
(i) Any use expressly permitted in Commercial Zones "A" or "B".
(d) USES PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the site
plan and issuance of a Special Permit by the Planning Board.
(i) Any use authorized upon such approval and issuance of such a permit
in commercial zones "A" or "B".
(ii) Car wash.
(iii) Hotel, motel, and boarding houses.
(iv) Facilities for the sale of any new products, produce, goods, and
equipment.
(v) Automotive and other motorized vehicle repair facilities.
(vi) Theaters.
(vii) Mobile home and recreational vehicle sales.
(viii) Rental facilities for car, trailer, truck and
other rental operations.
(ix) Warehouses.
(x) Wholesale businesses including wholesale sales of auto and farm
machinery but excluding junkyards.
(xi) Yards for the sale and storage of lumber, wood, and feed.
(xii) Other commercial uses upon the finding by the
Planning Board that such use is of the same general character as those
permitted and which will not be detrimental to the other uses within the
district or to the adjoining land uses.
5. OTHER PROVISIONS, ALL COMMERCIAL ZONES.
(a) PERMITTED ACCESSORY USES.
(i) Those permitted in any residential zone.
(ii) Automobile parking and off-street loading areas, subject to further
requirements of this ordinance.
(iii) Accessory storage buildings, but not to include
outside storage.
(b) REQUIRED LOT AREA.
(i) Residential uses - lot area shall not be less than one acre for a one or two
family dwelling plus five thousand square feet for each additional dwelling unit
on the same lot, with frontage of not less than one hundred filly feet and a lot
depth of not less than two hundred feet unless served by public water in which
event lot area shall be not less than one half acre with frontage on a public
street of not less than one hundred feet and a lot depth of not less than one
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Town of Denby
Local Lew No.1 of 1995
hundred fifty feet.
(ii) All other uses - lot area shall not be less than one acre with frontage not less
than one hundred fifty feet.
(c) YARDS.
(i) Minimum front yard depth - 25 feet for buildings. No minimum front yard
depth is required for constructed parking spaces, subject to the provisions of
subparagraph (g)below.
(ii) Minimum side yard width - 25 feet for buildings and constructed parking
spaces.
(iii) Minimum rear yard depth - 25 feet for buildings and
constructed parking spaces.
The foregoing yard requirements may include any required buffer areas and shall not
be in addition to any required buffer areas.
(d) SIGNS.
(i) Same as those permitted in any residential zone.
(ii) Advertising sign boards advertising only the services or products available on
the premises may be attached to the principal facade of the building or located
in any yard space provided that no part of the sign is less than 5 feet from any
front yard line and 15 feet from any other lot line. All such advertising signs
shall be no larger than 50 square feet, if free standing, or no larger than 50
square feet or 25% of the facade area, if located on the facade. Such sign
shall be non-flashing. No more than one free-standing sign shall be permitted
per lot.
(e) HEIGHT. No building shall exceed 36 feet in height from the lowest exterior grade
or 40 feet in height from the lowest interior grade. No structure shall exceed 36 feet
in height. This height limitation shall not apply to silos, barns, or other structures used
in connection with generally recognized agricultural operations. No such agricultural
structures, however, shall exceed 100 feet in height, or be located less than 100 feet
from any side or rear property line.
(f) BUILDING AREA. The maximum building area shall not exceed 30%of the lot area.
(g) BUFFER AREAS, SCREENING, AND ADDITIONAL SETBACK
REQUIREMENTS.
(i) No building shall be placed nearer than 25 feet from any non-commercial
zone. This buffer strip shall not be in addition to the required front, side and
rear yards. A strip at least 10 feet wide within such buffer area shall be
suitably planted to screen a commercial zone from present or future
residences, or a suitable screening fence shall be erected.
(ii) In addition to the screening requirement set forth above, additional setback,
landscaping,fencing, screening, or earth beam may be required to be provided
in any area where a proposed structure or use would create a hazardous
condition or would detract from the value of neighboring property if such
landscaping, fencing, screening, or berm were not provided.
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(h) WASTE DISPOSAL - No waste or refuse shall be placed outside any building in a
commercial zone except that an area common to all businesses, or a separate area for
each business shall be reserved at the rear of the structure or structures. These areas
shall contain bins, or other receptacles adequate to prevent the scattering of waste and
refuse, and shall be planted or fenced so as to be screened from the public view. Such
area and receptacles shall not be located in any buffer area or required yards. No
refuse shall be burned on the premises."
Section 8. The present Section 707 - MOBII.R HOMES AND MOM"F. HOME
PARKS, is deleted, and a new Section 707 - MOBILE HOMES AND MOBILE HOME PARKS,
is inserted to read as follows:
"Section 707 -MOBILE HOMES AND MOBILE HOME PARKS.
1. MOBILE HOMES. No mobile home whether on wheels or otherwise supported shall
be permitted in any zone or area except where otherwise specifically permitted
pursuant to the terms of the Zoning Ordinance; provided, however, that in any zone
a mobile home shall be permitted under the following circumstances:
A. DOUBLEWIDE MOBILE HOMES. Doublewide mobile homes are
permitted on individual lots subject to the provisions of Section 1102 of this
ordinance.
B. SINGLEWIDE MOBILE HOMES. Singlewide mobile homes are permitted
under the following circumstances:
(i) in Mobile Home Parks and in Planned Development Zones specifically
designated for such use.
(ii) as a temporary residence for a period of up to eighteen months on a lot
where a permanent dwelling is to be constructed subject to the
following requirements:
(a) The owner of the land and/or the mobile home shall have
obtained a building permit for said mobile home from the
Code Enforcement Officer prior to moving said mobile home
on the premises;
(b) The owner of the land and/or the mobile home shall have
submitted to the Code Enforcement Officer a specific set of
building plans and specifications for the construction of a
permanent dwelling on said lot at the time the owner applies
for said mobile home permit; and
(c) Within twelve months after obtaining a permit for such mobile
home the permanent building being constructed on the lot must
be enclosed and heat installed. In the event of non-compliance
with this subparagraph (c), the mobile home permit shall be
revoked by written notice to the owner of the land or mobile
home by the Code Enforcement Officer, and the owner of the
land must cause removal of said mobile home from the
premises within three months of the receipt of said written
revocation of the mobile home permit.
(C) CONSTRUCTION TRAILERS. A mobile home being used as a construction
trailer may be placed upon premises if the owner of the premises or the owner
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Local Law No.1 of 1995
of the trailer obtains a permit for such occupancy from the Code Enforcement
Officer. Such permit shall be granted only in conjunction with the issuance of
another building permit for construction of a structure on the same premises
costing at least $75,000, or in conjunction with a public works project. Any
permit for such construction trailer shall expire one year from the date of its
issuance unless renewed by the Code Enforcement Officer.
(D) PREEXISTING SINGLE WIDE MOBILE HOMES. The following applies
to singlewide mobile homes on individual lots which were occupied on and
before July 10, 1995.
(i) If such a singlewide mobile home is the single residential structure on
the lot, it may continue to be occupied as a lawfully permitted use. It
may be replaced with a newer manufactured home subject to the
issuance of a building permit.
(ii) If such a singlewide mobile home is the second residential structure on
a lot, it may continue to be occupied as a lawfully permitted use. It
may be replaced with a newer manufactured home only upon the
granting of a Special Permit by the Planning Board.
(E) SINGLEWIDE MOBILE HOMES AS TEMPORARY HOUSING. The new
installation of a singlewide mobile home as the second dwelling on a lot may
occur upon the granting of a Special Permit for same by the Planning Board
for the following:
(i) Temporary housing for family members related to the owners of the
property, when such family members need close attention by the
owners due to age, illness, or similar circumstances.
(ii) Temporary housing for personnel providing support services such as
caretaking, nursing, and similar services to the residents of the primary
dwelling on the property.
(iii) Temporary housing for agricultural workers.
(F) CRITERIA FOR SPECIAL PERMITS FOR SINGLEWIDE MOBILE
HOMES. In considering an application for a Special Permit for a singlewide
mobile home, the Planning Board shall consider the General Conditions
Required for all Special Permits which are provided elsewhere in this
ordinance. In granting such a Special Permit, the Planning Board may place
conditions on such Permit to ensure that, for example, temporary housing is
properly used as intended, and is removed when it is no longer needed."
Section 9. The present Section 800-APPLICATIONS FOR REZONING, is deleted, and
a new Section 800 -APPLICATIONS FOR REZONING, is inserted to read as follows:
"Section 800 - APPLICATIONS FOR REZONING. Before an application is submitted
to the Town Board for establishment of a Commercial "A", "B" and "C" Zone, a Planned
Development Zone or a Mobile Home Park Zone, the establishment of which may be
permitted under this Ordinance, the applicant shall proceed as follows:
1. At the option of the applicant, the applicant may request a conference with either the
Planning Board or the Town Board to informally explore the applicant's proposal.
The applicant may submit a sketch or other preliminary information for the board's
consideration and reaction. No decision will be made by either board and the sole
function of the conference is to provide a forum early in the process to determine
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Local Law No.1 of 1995
whether the circumstances are such that the application would not likely be successful.
Regardless of the reaction of either board, the applicant is entitled to proceed with an
application in accordance with the formal procedures set forth below.
2. The applicant will submit a general site plan to the Planning Board which shall show
(unless one or more items are waived by the Planning Board) property lines, including
metes and bounds, adjacent public streets, topography, size and location of existing or
proposed structures, and the applicant shall submit such other plans and information
and any other features deemed reasonably necessary by the Planning Board for
adequate study of the proposed plan. The application shall also include any
documentation required to comply with the New York State Environmental Quality
Review Act.
3. The Planning Board may require such changes in the general site plan as are necessary
to meet the requirements of this Ordinance and may make any other recommendations
which it deems necessary to promote the general health, safety, morals and the general
welfare of the community. The Planning Board shall then adopt a resolution
recommending to the Town Board approval, approval with modifications, or
disapproval of the proposed plan. Before any such resolution is adopted, the Planning
Board shall hold a public hearing which shall be heard by the Planning Board within
62 days of the filing of the completed application with the Planning Board. For this
purpose, and notwithstanding the terms of Town Law and the State Environmental
Quality Review Act and regulations thereunder, an application shall be deemed
preliminarily complete upon receipt of all required application materials including
SEQR forms needed to determine the environmental significance of the proposed
action, If the Planning Board determines the proposed action may have a significant
environmental impact, such application shall no longer be deemed complete until
receipt of a final environmental impact statement and until all related SEQR
proceedings are completed. Notice of any such hearing shall also follow the Public
Hearing Notification Procedures for Site Plans set forth in this ordinance. The
Planning Board shall make its recommendation within 62 days after the hearing and
shall forward the same to the Town Clerk.
4. The Town Board shall then hold a public hearing on the proposed zone with the same
notice required by law in the case of an amendment to the Zoning Ordinance. Notice
of any such hearing shall also follow the Public Hearing Notification Procedures for
Site Plans set forth in this ordinance. If the Town Board establishes such zone after
such hearing, it shall define the boundaries thereof, approve the general site plan and
impose any modifications and additional requirements as it may determine. Before
finally establishing any such zone, the Town Board may refer the application to the
Town Planning Board or the Board of Appeals for such further consideration as the
Town Board may require. No building permit shall, in any case, be issued on the basis
of a general site plan.
5. Whenever a zone is created pursuant to the provisions of this Article, the owner shall
be bound by the general site plan as approved and adopted by the Town Board."
Section 10. The present Section 801 - SITE PLANS RELATED
TO SPECIAL PERMITS, is deleted, and a new Section 801 - Sl i E PLANS RELATED TO
SPECIAL PERMITS, is inserted to read as follows:
"Section 801 - SITE PLANS RELATED TO SPECIAL PERMITS. When applying for
a special permit pursuant to the procedures hereinafter set forth, a site plan shall be submitted in
accordance with this section.
1. The site plan shall show(unless one or more items are waived by the Planning Board)
property lines, including metes and bounds, adjacent public streets, topography, size
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Local Law No.1 of 1995
and location of existing or proposed structures, and such other plans and information
and any other features deemed reasonably necessary by the Planning Board for
adequate study of the proposed plan.
2. The Planning Board may require such changes in the site plan as are necessary to meet
the requirements of this Ordinance and may make any other changes which it deems
necessary to promote the general health, safety, morals, and the general welfare of the
community. The Planning Board shall then adopt a resolution (which resolution may
be in conjunction with the resolution regarding approval or disapproval of thc special
permit itself) either approving, approving with modifications, or disapproving the
proposed plan. Before any such resolution is adopted, the Planning Board shall hold
a public hearing which shall be heard by the Planning Board within 62 days of the
filing of the completed application for the Special Permit with site plan with the
Planning Board. For this purpose, determination of the completeness of the
application shall include the provisions set forth above for general site plans. Notice
of any such hearing shall also follow the Public Hearing Notification Procedures for
Site Plans set forth in this ordinance. The Planning Board shall make its determination
within 62 days after the hearing except as such time may be modified for compliance
with environmental review requirements and other laws and regulations.
3. The owner and applicant shall be bound by the final site plan as approved by the
Planning Board."
Section 11, The present Section 802 - FINAL SUE PLAN APPROVAL AND
MODIFICATIONS OF SITE PLANS, is deleted, and a new Section 802 - FINAL SUE PLAN
APPROVAL AND MODIFICATIONS OF SITE PLANS is inserted to read as follows:
"Section 802 - FINAL SITE PLAN APPROVAL AND MODIFICATIONS OF SITE
PLANS.
1. After a Commercial Zone, Planned Development Zone, Mobile Home Park Zone or
any other special land use zone has been established by the Town Board and/or
whenever a specified development or changes in the general plan are proposed, or
whenever a site plan is required by any other provision of this Ordinance, or whenever
a change in the physical conditions of a site is proposed for such a zone that may have
been created prior to there being a requirement for a site plan, a site plan for the
proposed use must be submitted and approved by the Planning Board before a
building permit may be issued. If the original site plan submitted in connection with
the initial creation of the zone or the granting of the Special Permit was of sufficient
detail and contained sufficient information as to constitute, in the Planning Board's
discretion, a final site plan, such original site plan shall suffice. Otherwise, the
applicant shall submit a detailed site plan(hereinafter referred to as 'final site plan')in
accordance with this Ordinance. This final site plan shall show (unless one or more
items are waived by the Planning Board)property lines, including metes and bounds,
adjacent public streets, topography, including existing and proposed contours, size and
location of structures, area and location of parking, off-street loading and access
drives, proposed signs and lighting, proposed landscaping and any other features
deemed reasonably necessary by the Planning Board for adequate study of the
proposed plan.
2. The Planning Board may require such changes as are necessary to meet the
requirements of this ordinance. If the final site plan is substantially similar to thc
general site plan, no public hearing shall be required.
3. The Planning Board shall hold a public hearing, unless such hearing has been waived,
within 62 days of the filing of the completed application for final site plan approval.
For this purpose, determination of the completeness of the application shall include the
provisions set forth above for general site plans. Notice of any such hearing shall also
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Local Law No.1 of 1995
follow the Public Hearing Notification Procedures for Site Plans set forth in this
ordinance. Within 62 days after the hearing, or within 62 days of the filing of the
completed application with the Planning Board if the hearing has been waived, the
Planning Board shall approve or disapprove the final site plan. The owner shall be
bound by the final site plan as approved by the Planning Board.
4. If at any time subsequent to the approval of the final site plan, the owner wishes to
change the final site plan as approved, an application with the revised site plan
prepared in accordance with the requirements of this ordinance shall be submitted to
the Planning Board for the Planning Board's approval. In reviewing such application
for a modified site plan the Planning Board shall have all of the powers it has with
respect to reviewing an original application for site plan approval and the same public
heaving requirements, time limits, and other procedures shall apply. Notwithstanding
the foregoing, if the modification involves
(a) construction or alteration of less than 1,000 square feet of enclosed space
whether on one or more stories; and
(b) construction or relocation of less than 3 parking spaces; and
(c) construction, repairs, alterations, or renovations affecting the exterior of a
building or the site, (exterior work is anticipated to cost less than $10,000.00),
and
(d) enlargement of an existing building that involves an increase of square footage
of less than 10%of the existing square footage of the existing building; and
(e) no alteration of proposed traffic flows and access; and
(f) no direct violation of any express conditions imposed by the Planning Board
in granting prior site plan approval,
or if the modification involves
(a) a movement or shift of a location of one or more buildings not more than two
feet in any direction from the location shown on the final site plan; and
(b) such shift does not alter proposed traffic flows or access; and
(c) such shift does not directly violate any express conditions (including, without
limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in
granting prior site plan approval,
then such modification may be made without requiring approval of the modified site
plan by the Planning Board. This waiver of the requirement of Planning Board
approval is not intended to permit construction in violation of any other provision of
the Zoning Ordinance including setback, side yard, and similar regulations, or the
requirement to obtain a building permit in those circumstances when otherwise
required by the terms of this ordinance."
Section 12. A new Section 804-PUBLIC HEARING NOTIFICATION PROCEDURES
FOR SITE PLANS, is inserted to read as follows:
"Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE
PLANS.
Notice of any public hearing scheduled by the Planning Board for consideration of a
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general, final, or modified site plan, including a site plan which is part of a special
permit application, shall be mailed to the applicant and shall be posted and published
in the official Town newspaper at least 5 days prior to the date of such hearing, such
notice to include the nature of the request and the time and place at which it will be
heard.
2. Notice of any public hearing scheduled by the Town Board for consideration of an
application for rezoning shall follow the same notice required by law in the case of an
amendment to the Zoning Ordinance.
3. Notice of hearing as described in Paragraphs 1 and 2 above, and as provided in Town
Law are the only notifications required. However, in order to promote public
information,it is a policy of the Town that a similar notice of any such public hearing
be mailed or delivered by the applicant to all owners of property within 500 feet of the
boundaries of the property under consideration. The board holding the hearing may,
in its discretion, require that property owners within a distance of more than 500 feet
of such boundaries be notified, and/or may direct Town staff to conduct the
notification. Such mailing or delivery shall occur no less than 5 days prior to the date
of the public hearing. The applicant (or the Town staff conducting the notification)
shall file proof of such mailing or delivery with the board holding the hearing no later
than the date of the hearing.
4. Failure to notify property owners near a site for which a public hearing is scheduled,
shall not be a jurisdictional defect and any action taken by any board, employee, or
agent of the Town in connection with such hearing shall not be nullified or voidable
by reason of the failure to provide such notification. However, the failure to provide
such notification may be grounds, should the involved board in its discretion so deter-
mine, to decline to conduct a scheduled public hearing. The involved board may, on
good cause shown, waive the above described policy of property owner notification."
The present Section 804 - GENERAL CONSIDERATIONS, is renumbered to be Section
805. The present Section 805-OTHER PROVISIONS REGARDING Si E PLANS, is renumbered
to be Section 806. The present Section 806 - FAILURE OF TIMELY ACTION BY TOWN
BOARD OR PLANNING BOARD, is renumbered to be Section 807.
Section 13. The present Section 900 - GENERAL PROVISIONS, is deleted, and a new
Section 900 - GENERAL PROVISIONS, is inserted to read as follows:
"Section 900 - GENERAL PROVISIONS.
1. PURPOSE. The purpose of this Article is to set forth regulations, procedures, and
conditions for establishing facilities and activities which, because of their nature,
location, or effect on the surrounding environment and the quality of the community,
warrant special evaluation of each individual case.
2. INITIAL AUTHORITY TO GRANT SPECIAL PERMITS. The initial authority to
grant Special Permits is delegated by the Town Board to the Planning Board under the
conditions and procedures set forth in this Article when the proposed development is
listed in the zone regulations as permitted with a Special Permit. Granting or denial
of a Special Permit may be appealed to the Town Board in the manner set forth
below.
3. EXEMPTIONS. Any change which does not involve any new facility or activity or
addition thereto, nor any structural alteration, is exempt from the requirements for
Special Permit and subject only to Building and Zoning Permit procedures.
4. EXPIRATION. A Special Permit authorizes only the proposed work or the proposed
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Local Law No.I of 1995
activity specified on the Special Permit. The permit expires if the permitted activity
ceases for more than six months for any reason whatever. The permit expires for any
proposed work if the work has not commenced within one year.
5. CONDITIONS ATTACHED TO THE ISSUANCE OF SPECIAL PERMITS. In
granting any Special Permit, the Planning Board may place such reasonable conditions
and restrictions as are directly related to and incidental to the proposed Special Permit.
Such conditions may include, but are not limited to, the following:
(a) Placing a time limit on the duration of the Special Permit, after which time
limit the Special Permit would expire unless a renewed Special Permit were
granted by the Planning Board.
(b) Making the Special Permit personal to the applicant, and not transferable
unless a modified Special Permit were granted.
(c) Requiring a periodic status report from the grantee of the Special Permit or his
agent, or requiring periodic inspections by the Code Enforcement Officer, so
that the Planning Board may be apprised of the compliance of the involved
property with the terms of the Special Permit, this Ordinance, and other
regulations.
(d) Requiring the filing of the Special Permit, by the grantee, in the office of the
Tompkins County Clerk.
6. EXISTING VIOLATIONS. No Special Permit will be granted for a lot where there
exists a violation of this Ordinance at the time of application."
Section 14. The present title of Section 901, GENERAL CONDITIONS REQUIRED
FOR ALL SPECIAL PERMITS, is deleted and a new title for Section 901 is inserted to read as
follows:
"GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL PERMITS".
Section 15. The present Section 902 - SPECIAL CONDITIONS FOR DOUBLEWIDE
MOBILE HOMES, is deleted. A new Section 902 is inserted to read as follows:
"Section 902-MISCELLANEOUS CONSIDERATIONS FOR SPECIAL PERMITS.
In addition to the General Considerations Required for all Special Permits, the Planning Board may
consider other factors, which may include but are not limited to the following:
1. FOR ANY LOT THAT INCLUDES ONE OR MORE DWELLING UNITS FOR
RENTAL:
(a) The presence of appropriate terms between the owner of the property and any
tenants related to noise control, animal control, parking, exterior maintenance,
and interior maintenance.
(b) The adequacy of provisions for enforcement of such terms by the owner of the
dwelling or the owner's designated agent, and, failing adequate enforcement
by the owner, provisions for the Town, at its option, to enforce such terms at
the owner's expense.
2. FOR A PERMANENT OR TEMPORARY SECOND DETACHED DWELLING
ON AN INDIVIDUAL LOT:
(a) The adequacy of the lot area for each dwelling unit.
(b) If the second dwelling is temporary, the adequacy of terms related to removal
of such dwelling when it is no longer needed for its intended purpose."
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Section 16. The present Section 903 - PROCEDURE FOR SPECIAL PERMITS, is
deleted, and a new Section 903 -PROCEDURE
FOR SPECIAL PERMITS, is inserted to read as follows:
"Section 903 - PROCEDURE FOR SPECIAL PERMITS.
1. Special Permit applications are taken by the Code Enforcement Officer. When the
Code Enforcement Officer finds that the application is complete for the particular type
of Special Permit the application and associated documents are forwarded to Planning
Board. The application shall include a site plan in the form required by this Ordinance
above, with such variations or modifications from such requirements as the Planning
Board may, in the particular circumstances, permit by waiver.
2. The Planning Board shall hold a public hearing to consider the Special Permit, and
shall subsequently issue a decision, pursuant to the same procedures (except as
modified by this Ordinance) and within the same time limits as are set forth in the
provisions of Section 801, "Site Plans Related to Special Permits", and Section 804,
"Public Hearing Notification Procedures for Site Plans" within this Ordinance.
3. In making its decision the Planning Board shall determine whether the proposed
development satisfies the conditions and requirements set forth in this Ordinance and
its decision shall be in accordance with the requirements of this Ordinance.
4. In case of a protest against the proposed facility or activity signed by owners of twenty
percent or more of the area of the land within 100 feet of the lot on which the
proposed facility or activity is to be located, a Special Permit may not be issued by the
Planning Board except by a favorable vote of five members of the Planning Board.
5. Upon approval of any Special Permit application, the Code Enforcement Officer shall
issue the Special Permit."
Section 17. The present Section 906 - APPEAL OF PLANNING BOARD DECISION,
is deleted, and a new Section 906 - APPEAL OF PLANNING BOARD DECISION, is inserted to
read as follows:
"Section 906 -APPEAL OF PLANNING BOARD DECISION.
1. A decision of the Planning Board granting or denying a Special Permit may be
appealed to the Town Board by
(a) The applicant, if the Special Permit is denied or granted with conditions
unacceptable to the applicant; or
(b) The owner or owners of twenty percent or more of the area of the land within
100 feet of the lot on which the proposed facility or activity is to be located,
if the Special Permit is granted.
2. An appeal shall be filed with the Town Clerk in writing within fifteen days of the filing
of the decision of the Planning Board with the Town Clerk, or within thirty days of thc
meeting at which the Planning Board made its decision, whichever is earlier. The
appeal shall state the reasons for the appeal and, in the case of an appeal from the
granting of the permit referred to in subparagraph 1 (b) above, shall be signed by the
owners of the requisite amount of land area. If the appeal is by the applicant, the
appeal shall be signed by the applicant.
3. The written appeal shall be accompanied by the fee established by the Town Board
for hearing such appeals.
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Local Law No.1 of 1993
4. The Town Board shall set a public hearing to hear the appeal, which public hearing
shall be held within 60 days of receipt of the appeal with all applicable fees, unless the
time is extended with the consent of the applicant. Notice of such hearing shall be
given by publication in the official Town Newspaper at least five days prior to such
hearing and shall also be mailed by the appellant(s) to all owners of property
contiguous to the boundaries of the property under consideration in the same manner
as notice of the public hearing before the Planning Board set forth above. The Town
Board may direct the appellant(s) to provide notice of the hearing to any person
owning land within 500 feet (or such lesser distance as the Town Board may
determine)of the perimeter of the boundary of the property under consideration. The
Town Board at its discretion may direct Town staff, instead of the appellant(s) to
conduct the above described mailings.
5. The Town Board shall affirm the Planning Board's decision if it finds that such
decision was in compliance with the requirements of this Ordinance.
6. If the Town Board is unable to make the foregoing findings, the Planning Board's
decision shall be reversed, unless the Town Board fords that with modifications or new
or additional conditions, the Planning Board's decision as modified will be in
compliance with the requirements of this Ordinance. In that event, the Town Board
shall affirm the Planning Board's decision with such modifications and/or new or
additional conditions as the Town Board reasonably deems necessary in order to so
affirm. In making its decision, the modifications and/or conditions may include
approving, disapproving, or approving with modifications any related site plan.
7. The Town Board shall render its decision within 62 days of holding the public hearing
unless the time is extended with the consent of the applicant. Failure to act within any
time limits set forth herein shall not be deemed an affirmance or reversal of the
Planning Board's decision.
8. If the decision approves the issuance of the permit, the Code Enforcement Officer
shall issue the Special Permit, as affirmed by the Town Board, with such conditions,
if any, as were finally approved by the Town Board. If the decision disapproves the
issuance of the Special Permit, the Town Board shall direct the Code Enforcement
Officer to revoke the Special Permit. Any construction, development, or other
expenses incurred by an applicant who was granted a Special Permit by the Planning
Board, which grant is subject to appeal, shall be at the peril of the applicant or the
owner of the subject property, and shall not give rise to any claim for damages by that
applicant or owner."
Section 18. The present Section 1101 - PERMIT TO BUILD, is deleted, and a new
Section 1101 -PERMIT TO BUILD, is inserted to read as follows:
"Section 1101 -PERMIT TO BUILD.
1. REQUIREMENT OF BUILDING PERMIT. No principal building or accessory
building, nor any other structure, including but not limited to, tanks, power and pump
stations, swimming pools, and signs, in any zone, shall be begun, erected, constructed,
enlarged, improved, renovated, repaired, or altered, without a permit to build, issued
by the person designated by the Town Board, except that no building permit shall be
required for the work described below, which work shall nevertheless comply with the
New York State Uniform Fire Prevention and Building Code, any successor statute,
and any other pertinent regulations:
2. WORK EXEMPT FROM BUILDING PERMIT:
(a) Repairs, alterations, or renovations to existing buildings provided that the
repairs, alterations, or renovations:
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Local Law No.I of 1995
(i) cost(in the aggregate over a one year period)less than $10,000.00;
(ii) do not materially affect structural features of the building;
(iii) do not affect fire safety features such as
smoke detectors, sprinklers, required fire separations and exits;
(iv) do not involve the installation or extension of electrical systems; and
(v) do not include the installation of solid fuel burning heating appliances
and associated chimneys and flues. .
(b) An accessory structure in a residential zone, provided that such structure:
(i) costs less than $10,000.00;
(ii) is one story or less in height and comprises less than 150 square feet
of gross floor area;
(iii) does not involve the installation or extension
of electrical systems; and
(iv) does not include the installation of solid fuel burning heating
appliances and associated chimneys and flues.
(c) A project which does not include a conversion of occupancy or use
classification, or a relocation of a building or structure as defined in the New
York State Uniform Fire Prevention and Building Code or any successor
statute.
(d) Signs in any zone when approval of the Board of Appeals or Planning Board
is not required for same.
(e) Non-residential farm buildings, including barns, sheds, poultry houses, and
other similar buildings provided the proposed construction is solely used for
agricultural purposes.
2. COMPLIANCE WITH OTHER LAWS. This waiver of the permit to build
requirement for certain alterations, accessory structures, and parking spaces shall in no
case relieve the property owner from compliance with the provisions of this ordinance
or of the New York State Uniform Fire Prevention and Building Code, or any
successor statute.
3. CALCULATION OF COST. Costs shall be assumed to include both labor and
materials. In cases where cost information is not readily available to the Code
Enforcement Officer and there exists a question of the value of any alteration or
addition, the Code Enforcement Officer shall have the discretion to make an estimate
of such labor, material, and other costs. Labor costs shall be estimated to be at least
equal to Federal minimum labor standards in effect at the time.
4. REQUIREMENT FOR VARIANCE. No permit to build shall be issued except
pursuant to written order of the Board of Appeals, where the proposed construction,
alteration, or use would be in violation of any provision of this Ordinance. No such
permit shall be issued, except pursuant to written order of the appropriate authority
granting variances where the proposed construction, alteration, or use would be in
violation of any provision of the New York State Uniform Fire Prevention and
Building Code or any successor statute.
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Local Law No.1 of 1995
5. CONTENTS OF PERMIT APPLICATION. Every application for a building permit
shall state in writing the intended use of the structure and shall be accompanied by a
plot plan with all dimensions shown indicating the size and shape of the lot and
structures. Every such application shall also contain additional information as may be
reasonably required by the Code Enforcement Officer including such information as
the intended number of occupants, the number of rooms, statement as to whether any
portion will be occupied by the owner or will be leased, and an interior plan showing
number and layout of rooms.In addition, such application shall include such additional
information as may be reasonably required by any other officer authorized to issue
such permit or as may be required from time to time by the Town Board.
6. FEES. Every application for a building permit shall be accompanied by a fee in an
amount computed in such manner as may be established by the Town Board in any
law, ordinance, or resolution applicable to building permit fees.
7. EXPIRATION OF PERMIT. Unless there has been substantial progress, in the
opinion of the zoning enforcement officer, in the work for which a building permit was
issued,said building permit shall expire one year from the date of issue. At the option
of the applicant, such permit may be extended for one or more additional years upon
payment of one-half the fee for the original permit for each renewal.
8. APPROVAL OF COUNTY HEALTH DEPARTMENT. No building permit or
certificate of occupancy issued under terms of this ordinance shall become or remain
valid unless the holder thereof complies with rules and regulations of the State of New
York and the Tompkins County Sanitary Codes."
Section 19. The present Section 1102 - APPROVAL OF COUNTY HEALTH
DEPARTMENT,is deleted A new Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE
MOBII.F.HOMES, is inserted to read as follows:
"Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBILE HOMES.
No Building Permit shall be issued for the erection of a doublewide mobile home unless the home
meets the requirements for approval of same set forth above, and unless the proposed construction
and installation of the home meets the following requirements along with all other pertinent provisions
of this ordinance:
1. The proposed mobile home shall comply with all federal when applicable, and if not
applicable, state and/or local standards, codes and regulations for mobile homes and
will have all required certifications indicating such compliance.
2. The mobile home will be mounted on a permanent perimeter or pier system
foundation consisting of cinder blocks, concrete, or a sustantially similar construction
material, with appropriate footings of concrete below the frost line. Tiedowns or
ground anchors shall be installed. All wheels and axles will be removed.
3. Any non-perimeter foundation system shall be enclosed by skirting securely fastened
and extending from the outside wall of the home to ground level around the entire
•home. The skirting shall be constructed of sturdy material. The material and its
installation shall be capable of withstanding extreme weather conditions. The finished
appearance of the skirting shall resemble the appearance of a perimeter masonry
foundation customarily used for homes constructed entirely on site.
4. The mobile home, when erected, shall be at least 24 feet wide.
5. All wheels and axles will be removed."
Section 20. The present Section 1104 - BOARD OF APPEALS, is deleted, and a new
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Section 1104 - BOARD OF APPEALS, is inserted to read as follows:
"Section 1104 - BOARD OF APPEALS. There is hereby established a Board of Appeals
which shall function in a manner prescribed by Sections 267, 267-a, 267-b, and 267-c of Article 16
of the Town Law of the State of New York except as the same are superseded by the provisions
below.
1. BOARD MEMBERS. There shall be five members of the Board of Appeals. The
members of the Board of Appeals shall be residents of the Town of Danby and shall
be appointed by the Town Board to serve for terms as prescribed by law. No person
who is a member of the Town Board shall be eligible for membership on the Board
of Appeals.
2. OFFICERS. The Town Board shall designate the Chairperson of the Board of
Appeals. The Board of Appeals shall choose a Vice Chairperson, who shall preside
in the absence of the Chairperson. In the absence of both the Chairperson and Vice
Chairperson, the Board of Appeals shall choose one of its members as Acting
Chairperson. Such Chairperson, or Acting Chairperson, may administer oaths and
compel the attendance of witnesses. The Board of Appeals shall appoint a Secretary
who shall take minutes of all its meetings and keep its records. Said Secretary need
not be a member of the Board.
3. RULES AND REGULATIONS. The Board of Appeals shall adopt from time to
time such rules and regulations as it may deem necessary to carry into effect the
provisions of this ordinance and all its resolutions and orders shall be in accordance
therewith.
4. APPEALS TO THE BOARD. Any person aggrieved by any decision of any officer
of the Town charged with enforcement of this ordinance may take an appeal to the
Board of Appeals. The Board of Appeals shall, in accordance with the provisions
contained in this Ordinance, and in accordance with the provisions of Town Law
Sections 267 et. seq. (except as the same are superseded by the provisions of this
Ordinance), hear and determine appeals from any refusal of a building permit or
certificate of occupancy by the person designated by the Town Board, or review any
order or decision of said person where such order or decision is based upon the
requirements of this ordinance. Such Board shall also hear and determine any other
matter referred to it by the provisions of this Ordinance or any other law, regulation
or resolution.
5. PROCEDURES FOR REVIEWING APPEALS. Before issuing any final
determination or decision on an appeal, the Board of Appeals shall hold a public
hearing as provided in Town Law Sections 267 et. seq. Notice of any such public
hearing shall be mailed to the applicant and shall be posted and published in the official
Town newspaper at least 5 days prior to the date of such hearing, such notice to
include the nature of the appeal and the time and place at which it will be heard.
6. Notice of hearing as described above and as provided in Town Law are the only
notifications required. However, in order to promote public information, it is a policy
of the Town that a similar notice of any such public hearing be mailed or delivered by
the appellant to all owners of property within 500 feet of the boundaries of the
property under consideration. The Board of Appeals may, in its discretion, require
that property owners within a distance of more than 500 feet of such boundaries be
notified, and/or may direct Town staff to conduct the notification. Such mailing or
delivery shall occur no less than 5 days prior to the date of the public hearing. The
applicant (or the Town staff conducting the notification) shall file proof of such
mailing or delivery with the Board of Appeals no later than the date of the hearing.
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7. Failure to notify property owners near a site for which a public hearing is scheduled,
shall not be a jurisdictional defect and any action taken by any board, employee, or
agent of the Town in connection with such hearing shall not be nullified or voidable
by reason of the failure to provide such notification. However, the failure to provide
such notification may be grounds, should the Board of Appeals in its discretion so
determine, to decline to conduct a scheduled public hearing. The Board of Appeals
may, on good cause shown, waive the above described policy of property owner
notification."
Section 21. The present Section 1105-VARIANCES, is deleted, and a new Section 1105 -
VARIANCES, is inserted to read as follows:
"Section 1105 - VARIANCES. The Board of Appeals, on appeal from the decision or
determination of the Code Enforcement Officer, shall have the power to grant use and area variances
(as the same are defined in Town Law Section 267 et. seq.)."
Section 22. APPENDIX I - DEFINITIONS, is amended as follows: the definition of
LOT, AGRICULTURAL, is deleted. A new definition is inserted, reading as follows:
"MANUFACTURED HOME-A dwelling which incorporates structures or components which are
wholly or in substantial part manufactured in a manufacturing facility, for installation on a building
site. "Manufactured Home" includes "Mobile Home" and "Modular House"."
Section 23. If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local law.
Section 24. This local law shall take effect upon its publication as required by law.
23
•
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. . . .1 . . . . of 19 .95
comp(
of the of DAN I3Y • was duly passed by the TOWN .BOARD
Town (Name of Legislative Body)
on ..Septembe;r...1.1...... 19 .95.... in accordance with the applicable provisions of law.
2. (Passage by local legislative body ith approval or no disapprt .1 by Elective Chief Executive fficer,*
or repassage after disapproval.)
1 hereby certify tha a local law annexed hereto sesignated as local law No. . . . . . of 19
County
of the Ctty of was duly p. ed by the
Town (Name of gislative Body)
Village
not d'.•pproved
on 19 an► was approved by the .
passed after disapproval Elective Chief Executi Of ricer*
and as deemed duly adopted ► 19 , in accordance with e applicable
pr isions of law.
•
3. (Final adopti by referendum.
1 reby certify tha e local law annex:• hereto, designated as loc aw No. of 19
ounty
City
of e Town of was •my passed by the
(Name of Legi ive Body)
Village
of disapproved
on 19 and was approved by the
repassed after disap oval lectke Chief Executive Of cer•
on 19 Such lo law was submitte to the people by r son of a
mandato• •
referendum, . d received the affir ative vote of a majo y of the qualified ctors voting
permis e
general
• ther,.n at the speci• election held on 19 . , in accordance th the applicable
ann I
pr.visions of law
4. (Subject to ermissive r erendum,and final a ption because no valid pet' on filed requesting re rendum.)
ereby cer y that the local law nexed hereto, designate s local law No. . . . . . of 19
ounty
of e Ctty was duly passed by the
Town (Name of egislative Body)
Villa
not disapproved
on 19 and was ap rove by the
repassed after approval Elective Chief Executiv film*
on 19 .Such local law was s sect to a permissive erendum and
n valid petition requ ting such referendum 'as filed as of 19
• accordance with t applicable provision f law.
•
•
'Electite Chief Executite Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if
there be none, the chairman of the county legislatite body,the mayor of a city or village or the supervisor of a town where such
officer is bested with power to approbe•or Seto local laws or ordinances.
(2)
5. (City local lam concerning Charter revislo, , oposed by petition.)
I hereby certify that the I.•: law annexed hereto, design. • as local law No. . : . . . of 19
of the City of • . "mg been submitted to ref ndum pursuant to the
provisions of/3; • the Municipal Home Ru • aw, and having receive a affirmative vote of a
majority of • • qualified electors of such ' voting thereon at the geencia election held on
19 became oper. • e.
6. (County local law concernin! . I option of C ter.)
1 hereby certif , at the loc ay.'annexed her- ., designate s local law No. 19
of the County of , State . ew York, ving been subm' d to the ectors he
General Electi. • of Novem • , purs t to subdivision and 7 o ection 3 f the
Municipal .me Rule and having re • ed the affir tive vote of a m • rity of t qualifi electors
of the cif of said c my as a unit an. .1 a majority the qualified ele rs of the wns o aid county
consid; ed as a u • voting at said ge al election, b ame operative.
(If . ' other a orized form of I al adoption h been followed, pl se provide an appr riate certifica-
ti• .)
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. •
/44(1_,) / aii..4-1/
Clerk of the County legislativ....y,City, Town or Village Clerk or
officer designa'd . local legislative body
Date: September 12, 1995
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPK I NS -
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment o he •cal law a exed hereto.
a C 2
Signature
14-//-0 r(1� try )_, -
/ Title
Date: -jj0+ peAopi go, /f 1- of DANBY
l Town
(3)
oTOMPKINS `.
' p COUNTY Yr3�
•
N OF DANBY - TOMPKINS COUNTY
;• 1830 DANBY ROAD (607)277-4788
ITHACA, NEW YORK 14850 Fax: (607)277-0559
TO: ATTORNEY JOHN BARNEY
FROM: Carol W. Sczepanski, Town Clerk
DATE: September 13, 1995
RE: Town of Danby Local Law No. 1 of 1995
Enclosed are five (5) copies of the Town of Danby Local Law No. 1 of 1995
(Amending the Zoning Ordinance) for your signature.
Three copies can be mailed to the State Records Bureau and I have included
one copy for your files and one to be returned to me.
If you have questions or there is a problem with the local law materials
please let me know as soon as possible.
BARNEY, GROSSMAN, ROTH, & DUBOW
ATTORNEYS AT LAW
SENECA BUILDING WEST
SUITE 400
119 EAST SENECA STREET
JOHN C. BARNEY
PETER G.GROSSMAN ITHACA, NEW YORK 14850 FACSIMILE
NELSON E. ROTH (607) 272-8806
DAVID A. DUBOW (607) 273-6841
(NOT FOR SERVICE OF PAPERS)
RANDALL B. MARCUS
HUGH C. KENT
September 20, 1995
State Records and Law Bureau
Department of State
162 Washington Avenue
Albany, New York 12231-0001
Re: Town of Danby Local Law No. 1 of
the year 1995
Dear Sirs and Ladies:
Enclosed for filing in your office are three copies of Town of Danby Local Law No. 1
for the year 1995 certified by the Town Clerk and the Attorney for the Town.
Please forward your acknowledgement of this filing directly to Carol W. Sczepanski,
Town Clerk, Town of Danby, 1830 Danby Road, Ithaca, New York, 14850.
Thank you for your assistance in connection with this matter.
Very truly yours,
JCB:bc
Enc.
cc: Ms. Carol W. Sczepanski
I\
i
, H
4
F
e ��`-./ tai iI
'::(1 it
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
October 4, 1995
JOHN C. BARNEY
BARNEY GROSSMAN ROTH & DUBOW
SENECA BUILDING WEST
SUITE 400
119 EAST SENECA STREET
ITHACA NY 14850
RE: Town of Danby, Local Law No. 1 of 1995, filed 10/02/95
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
q ' A < (! f i'l , -'
.
{• 1's„ fir t,,J L.: - .),1.
Janice G. Durfee 1)
Principal File Clerk
Bureau of State Records
`+ RECYCLED PAPER
F1
BARNEY, GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
SENECA BUILDING WEST
SUITE 400
JOHN C. BARNEY 119 EAST SENECA STREET
PETER G. GROSSMAN ITHACA, NEW YORK 14850 FACSIMILE
NELSON E. ROTH (607) 272-8806
DAVID A. DUBOW (607) 273-6841 (NOT FOR SERVICE OF PAPERS)
RANDALL B. MARCUS
HUGH C. KENT
October 11, 1995
Ms. Carol Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca, New York 14850
Dear Carol:
Enclosed is a copy of the letter we received from the Department of State on the filing
of the Local Law No. 1 for the year 1995 for the Town of Danby. You may want to keep a copy
of this letter in your local law file.
With best regards.
Very truly yours,
r
JCB:bc
Enc.
BARNEY, GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
SENECA BUILDING WEST
SUITE 400
119 EAST SENECA STREET
JOHN C. BARNEY
PETER G. GROSSMAN ITHACA, NEW YORK 14850 FACSIMILE
NELSON E. ROTH (607) 272-8806
DAVID A. DUBOW (607) 273-6841 (NOT FOR SERVICE OF PAPERS)
RANDALL B. MARCUS
HUGH C. KENT
•
September 28, 1995
State Records and Law Bureau
Department of State
162 Washington Avenue
Albany, New York 12231-0001
Attention: Janice G. Durfee
Principal File Clerk
Re: Town of Danby Local Law No. 1 of
the year 1995
Dear Ms. Durfee:
Pursuant to your notice of September 26, 1995, returned herewith are the local laws
corrected to indicate that the certification date of the Municipal Clerk was subsequent to the
adoption of the local law.
Very ly yours,
ge
JCB:bc
Enc.
cc: Ms. Carol Sczepanski i/
f1
14-12-7(2/87)-9c
SEOR
617.21
Appendix F
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Project Number Date Sept . 12 , 1995
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article
8 (State Environmental Quality Review Act) of the Environmental Conservation Law.
The Town of Danby Town Board , as lead agency,
has determined that the proposed action described below will not have a significant effect on the
environment and a Draft Environmental Impact Statement will not be prepared.
Name of Action:
PROPOSED 1995 REVISIONS TO TOWN OF' DANBY ZONING ORDINANCE
SEOR Status: Type I
Unlisted ❑
Conditioned Negative Declaration: ❑Yes
a No
Description of Action: Consideration of the following :
LOCAL LAW NO. 1 OF 1995, "A LOCAL LAW AMENDING THE TOWN OF DANBY
ZONING ORDINANCE REGARDING THE NUMBER OF RESIDENTIAL BUILDINGS ON
A LOT, EXTRACTION OR DEPOSIT OF FILL, VARIOUS REVISIONS WHICH
PERMIT AGRICULTURAL BUILDINGS AND USES IN ALL ZONES, OWNER
OCCUPANCY OF TWO—UNIT DWELLINGS IN LOW DENSITY RESIDENTIAL ZONES,
SIZE OF ACCESSORY APARTMENT IN LOW AND MEDIUM DENSITY RESIDENTIAL
ZONES, RESTRICTIONS ON LIGHTING OF SIGNS THAT IDENTIFY HOME
OCCUPATIONS, SINGLEWIDE AND DOUBLEWIDE MOBILE HOMES, COMMERCIAL
ZONE SETBACKS, BUFFERS, AND MINOR TECHNICAL CHANGES, PUBLIC HEARING
SCHEDULING, NOTIFICATION PROCEDURES AND TIMEFRAMES FOR DECISIONS
CONSIDERATIONS AND CRITERIA FOR SPECIAL PERMITS PERMIT TO BUILD,
AND BOARD OF ZONING APPEALS PROCEDURES AND VARIANCE CRITERIA. "
Location: (Include street address and the name of the municipality/county. A location map of appropriate
scale is also recommended.)
Town of Danby, Tompkins County, New York
•
SEQR Negative Declaration Page 2
Reasons Supporting This Determination:
(See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration)
Proposed revisions would have little direct or indirect impact on the
environment . Beneficial impacts would include the enhancement of
housing options , agriculture, and neighborhood commercial development .
Other beneficial impacts would include the streamlining of various
review procedures , and the reduction of some code enforcement items
that are more restrictive than State law, and that pose an administrative
burden.
If Conditioned Negative Declaration,provide on attachment the specific mitigation measures imposed.
• For Further Information:
Contact Person: Mary Oltz
Address: Town Supervisor , Town of Danby
1830 Danby Road , Ithaca, NY, 14850
Telephone Number:
(607 ) 277 4788
For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to:
-Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001
Appropriate Regional Office of the Department of Environmental Conservation
Office of the Chief Executive Officer of the political subdivision in which the action will be principally
located.
Applicant (if any)
Other involved agencies (if any) Tompkins Co. Dept . of Planning , 121 E. Court St .
Ithaca , NY 14850
Also To: Business Environmental Publications , Inc.
6 Sevilla Drive
Clifton Park, NY 12065
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