HomeMy WebLinkAboutJune 1996 Zoning Ordinance ZONING ORDINANCE
TOWN OF DANBY, NEW YORK
Adopted by the Town Board of the
Town of Danby
December 11, 1991
As Amended through September 11, 1995
TABLE OF CONTENTS
PAGE
ARTICLE I: TITLE 1
ARTICLE II: PURPOSE 1
Section 200 -PURPOSE ;• 1
ARTICLE III: DEFINITIONS 1
Section 300 - INTERPRETATION 1
Section 301 -DEFINED TERMS 1
ARTICLE IV: ESTABLISHMENT OF ZONES 1
Section 400 -ZONES 1
Section 401 -MAP 2
Section 402 -ZONE BOUNDARIES 2
ARTICLE V: GENERAL PROVISIONS 3
Section 500-APPLICATION 3
Section 501 -USE AND OCCUPANCY 3
Section 502 -LIMITATION OF FAMILIES 3
Section 503 -BUILDING FLOOR AREA 3
Section 504 -CREATION OF SUBSIZE LOT 3
Section 505 -PRE-EXISTING LOTS 3
Section 506 -TOMPKINS COUNTY HEALTH DEPARTMENT
APPROVAL 3
Section 507-BUILDING CODE COMPLIANCE 4
Section 508 -PORCHES AND CARPORTS 4
Section 509-FENCES AND WALLS 4
Section 510- YARDS 4
Section 511 -NUMBER OF BUILDINGS ON A LOT 4
Section 512 -ACCESSORY BUILDINGS 5
Section 513 -SIGNS AND BILLBOARDS 5
Section 514 -PROHIBII"ED USES 6
Section 515 -EXCAVATIONS, ABANDONED CONSTRUCTION AND
DESTROYED BUILDINGS 6
Section 516-LIMITATION ON CHURCHES, SCHOOLS, ETC 6
ARTICLE VI: ZONE REGULATIONS 7
Section 600 -LOW DENSITY RESIDENTIAL ZONE 7
Section 601 -MEDIUM DENSITY RESIDENTIAL ZONE 10
Section 602 -HIGH DENSITY RESIDENTIAL ZONE 11
Section 603 -COMMERCIAL TARGET AREA 12
Section 604 -PLANNED DEVELOPMENT ZONES 19
Section 605 -MOBILE HOME PARK ZONE 20
ARTICLE VII: SPECIAL REGULATIONS ,.>;.... 23
Section 700 -APPLICATION 23
Section 701 -LIMITATION OF USES WITHIN 200 FEET OF
A RESIDENCE ZONE 23
Section 702 -ENCLOSURE OF EXCAVATION STIES 23
Section 703 -ABANDONMENT OF QUARRIES, ETC 23
Section 704 -PUBLIC GASOLINE FILLING STATIONS AND
GARAGES 23
Section 705 -JUNK YARDS 24
Section 706 -OFF-STREET PARKING 24
Section 707 -MOBILE HOMES AND MOBILE HOME PARKS 25
Section 708 -INDUSTRIAL ESTABLISHMENTS 27
Section 709 -FLOOD HAZARD PROTECTION 28
ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL
PROCEDURES 28
Section 800-APPLICATIONS FOR REZONING 28
Section 801 - SITE PLANS RELATED TO SPECIAL PERMITS 29
Section 802 -FINAL SI FE PLAN APPROVAL AND
MODIFICATIONS OF SITE PLANS 30
Section 803 -WAIVER OF REQUIREMENTS RELATED TO
SITE PLAN 32
Section 804 -PUBLIC HEARING NO'i IFICATION PROCEDURES
- FOR SI I E PLANS 32
Section 805 -GENERAL CONSIDERATIONS 33
Section 806 -OTHER PROVISIONS REGARDING STI E PLANS 34
Section 807 - FAILURE OF TIMELY ACTION BY TOWN BOARD
OR PLANNING BOARD 35
ARTICLE IX: SPECIAL PERMITS 35
Section 900 -GENERAL PROVISIONS 35
Section 901 -GENERAL CONSIDERATIONS REQUIRED FOR ALL
SPECIAL PERMITS 36
Section 902 -MISCELLANEOUS CONSIDERATIONS FOR SPECIAL
PERMITS 37
Section 903 -PROCEDURE FOR SPECIAL PERMITS 38
Section 904-FLOOD HAZARD AREAS 38
Section 905 -ENVIRONMENTAL REVIEW 39
Section 906 -APPEAL OF PLANNING BOARD DECISION 39
ARTICLE X: NON-CONFORMING USES 40
Section 1000 -NONCONFORMING LOTS OF RECORD ' 40
Section 1001 -NONCONFORMING USES OF LAND 40
Section 1002 -NONCONFORMING STRUCTURES 41
Section 1003 -NONCONFORMING USES OF STRUCTURES 41
Section 1004 -CONTINUATION OR RESUMPTION OF
FARM USES 42
Section 1005 -CONTINUATION OF CONSTRUCTION 42
Section 1006 -ALTERATIONS IN USE 43
Section 1007-RESTORATION 43
Section 1008 -BOARD OF APPEALS DETERMINATION 43
ARTICLE XI: ADMINISTRATION 44
Section 1100 -ENFORCEMENT 44
Section 1101 -PERMIT TO BUILD 44
Section 1102 - SPECIAL CONDITIONS FOR DOUBLEWIDE MOBIL T?
HOMES 46
Section 1103 -CERTIFICATE OF OCCUPANCY 47
Section 1104 -BOARD OF APPEALS 47
Section 1105 -VARIANCES 49
Section 1106 -VIOLATIONS AND PENALTIES 49
ARTICLE XII: AMENDMENTS 49
Section 1200-AUTHORITY TO AMEND 49
ARTICLE XIII: MISCELLANEOUS 50
Section 1300 -INTERPRETATION OF ORDINANCE 50
Section 1301 - VALIDITY 50
Section 1302 -EXISTING ZONING ORDINANCE AMENDED,
RE-ADOPTED AND RE-ENACTED 50
Section 1303 -EFFECTIVE DATE 50
APPENDIX I-DEFINITIONS 51
APPENDIX II- SELECTED OTHER LOCAL LAWS RELATED TO ZONLNG
1) Local Law# 1 of 1994 - Establishing a Mobile Home Park Planned Development and
a Residential Planned Development Within Zone 2
2) Local Law#2 of 1994 - Establishing a Planned Development Zone
Town of Danbv Tax Parcel No. 13.-1-1-8
3) Local Law 742 of 1995 - To Amend the Zoning Ordinance to Establish a Planned
Development Zone Comprised of a Portion of Town of Danby
Tax Parcel No. 14.-1-4.2 Located on the West Side of
Michigan Hollow Road
4) Local Law 41 of 1996 To Amend the Zoning Ordinance to Modify the Boundaries
and Establish a Modified General Site Plan for Planned
Development Zone No. 10, Comprised of a Portion of Town
of Danby Tax Parcel No. 9.-1-9.12, Located on the South
Side of Gunderman Road West of Comfort Road.
ARTICLE I: TITLE
TOWN OF DANBY,NEW YORK, ZONING ORDINANCE
ARTICLE II: PURPOSE
Section 200-PURPOSE. For the purpose of promoting the health, safety, morals, and the
general welfare of the community, and to lessen congestion on the highways, to secure safety from
fire,panic,and other dangers,to protect the environment,to provide adequate light and air,to prevent
the overcrowding of land, to avoid undue concentration of population, to.facilitate the adequate
provisions of transportation,water,sewerage,schools,parks and other public'requirements,under and
pursuant to the laws of the State of New York, the size of the buildings and other structures, the
percentage of the lot that may be occupied, the size of the yards, the density of population, and the
location and use of buildings,structures and land for trade, residence or other purposes, are hereby
restricted and regulated as hereinafter provided.
ARTICLE III: DEFINITIONS
Section 300-INTERPRETATION. Except where specifically defined herein all words used
in this Ordinance shall early their customary meanings. Words used in the present tense include the
future,and the plural includes the singular; the word"lot" includes the word "plot;" the word "shall"
is intended to be mandatory; and the words "occupied" or "used" shall be considered as though
followed by the words "or intended,arranged, or designed to be used or occupied"and the word "he"
includes "it" and "she".
Section 301 -DEFINED TERMS. Certain specific words and terms used in this Ordinance are to
be interpreted as defined in Appendix I hereto and hereby made a part of this ordinance.
ARTICLE IV: ESTABLISHMENT OF ZONES
Section 400-ZONES. The Town of Danby is divided into the following types of zones(also
sometimes hereinafter referred to as "Districts"):
1. Low Density Residential Zone.
2. Medium Density Residential Zone.
3. High Density Residential Zone.
4. Commercial Target Area wherein the following may be located: Commercial Zone
"A", Commercial Zone "B", and Commercial Zone "C".
5. Planned Development Zone.
ARTICLE I: TITLE
TOWN OF DANBY, NEW YORK, ZONING ORDINANCE
ARTICLE II: PURPOSE
Section 200-PURPOSE. For the purpose of promoting the health, safety, morals, and the
general welfare of the community, and to lessen congestion on the highways, to secure safety from
fire,panic,and other dangers,to protect the environment,to provide adequate light and air, to prevent
the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate
provisions of transportation,water,sewerage, schools,parks and other public requirements,under and
pursuant to the laws of the State of New York, the size of the buildings and other structures, the
percentage of the lot that may be occupied, the size of the yards, the density of population, and the
location and use of buildings, structures and land for trade, residence or other purposes, are hereby
restricted and regulated as hereinafter provided.
ARTICLE III: DEFINITIONS
Section 300-INTERPRETATION. Except where specifically defined herein all words used
in this Ordinance shall early their customary meanings. Words used in the present tense include the
future, and the plural includes the singular; the word "lot" includes the word "plot;" the word "shall"
is intended to be mandatory; and the words "occupied" or "used" shall be considered as though
followed by the words "or intended, arranged, or designed to be used or occupied"and the word "he"
includes "it" and "she".
Section 301 -DEFINED TERMS. Certain specific words and terms used in this Ordinance are to
be interpreted as defined in Appendix I hereto and hereby made a part of this ordinance.
ARTICLE IV: ESTABLISHMENT OF ZONES
Section 400-ZONES. The Town of Danby is divided into the following types of zones(also
sometimes hereinafter referred to as "Districts"):
1. Low Density Residential Zone.
2. Medium Density Residential Zone.
3. High Density Residential Zone.
4. Commercial Target Area wherein the following may be located: Commercial Zone
"A", Commercial Zone "B", and Commercial Zone "C".
5. Planned Development Zone.
ARTICLE I: TITLE
TOWN OF DANBY, NEW YORK, ZONING ORDINANCE
ARTICLE II: PURPOSE
Section 200-PURPOSE. For the purpose of promoting the health, safety, morals, and the
general welfare of the community, and to lessen congestion on the highways, to secure safety from
fire,panic,and other dangers,to protect the environment,to provide adequate light and air, to prevent
the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate
provisions of transportation,water,sewerage, schools,parks and other public requirements, under and
pursuant to the laws of the State of New York, the size of the buildings and other structures, the
percentage of the lot that may be occupied, the size of the yards, the density of population, and the
location and use of buildings, structures and land for trade, residence or other purposes, are hereby
restricted and regulated as hereinafter provided.
ARTICLE III: DEFINITIONS
Section 300-INTERPRETATION. Except where specifically defined herein all words used
in this Ordinance shall carry their customary meanings. Words used in the present tense include the
future, and the plural includes the singular; the word"lot" includes the word "plot;" the word "shall"
is intended to be mandatory; and the words "occupied" or "used" shall be considered as though
followed by the words "or intended, arranged, or designed to be used or occupied"and the word "he"
includes "it" and "she".
Section 301 -DEFINED TERMS. Certain specific words and terms used in this Ordinance are to
be interpreted as defined in Appendix I hereto and hereby made a part of this ordinance.
ARTICLE IV: ESTABLISHMENT OF ZONES
Section 400-ZONES. The Town of Danby is divided into the following types of zones(also
sometimes hereinafter referred to as "Districts"):
1. Low Density Residential Zone.
2. Medium Density Residential Zone.
3. High Density Residential Zone.
4. Commercial Target Area wherein the following may be located: Commercial Zone
"A", Commercial Zone "B", and Commercial Zone "C".
5. Planned Development Zone.
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6. Mobile Home Park Zone.
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 Medium and 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 402 - ZONE BOUNDARIES. Where uncertainty exists with respect to the
boundaries of any of the aforesaid zones as shown on the Zoning Map,the following rules shall apply:
1. Where zone boundaries are indicated as approximately following the center lines of
streets or highways,street lines,or highway right-of-way lines,such center lines,street
lines, or highway right-of-way lines shall be construed to be said boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot lines
as shown on plots of record at the time this Ordinance becomes effective, or lot lines
on plots of record at the time of any amendment rezoning an area, then such lot lines
shall be construed to be said boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the
center lines of street lines or streets, or the center lines or right-of-way lines of
highways, such zone boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the zoning map. If no such distance is given,
such dimension shall be determined by the use of the scale shown on said zoning map.
4. Where the boundary of a zone follows a railroad line, such boundary shall be deemed
to be located in the middle of the main tracks of said railroad line.
5. Where the boundary of a zone follows a stream, lake or other body of water, unless
otherwise indicated said boundary line shall be deemed to be at the center line of said
stream,lake,or other body of water,unless said center line is outside the jurisdiction
of the Town of Danby, in which event said boundary line shall be deemed to be at the
limit of the jurisdiction of the Town of Danby.
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ARTICLE V: GENERAL PROVISIONS
Section 500 - APPLICATION. Except as hereinafter provided, the following general
regulations shall apply.
Section 501 - USE AND OCCUPANCY. No building or land shall hereafter be used or
occupied and no building or part thereof shall be erected, moved or altered unless such action is in
conformance with the regulations specified for the zone in which said action occurs and any special
regulations pertinent thereto.
Section 502 -LIMITATION OF FAMILIES. No building shall hereafter be erected or
altered to accommodate or house a greater number of families than is permitted in the zone in which
the building is located.
Section 503 - BUILDING FLOOR AREA. No dwelling in any zone shall be erected or
altered so as to provide for less than the minimum number of square feet of enclosed floor area
permitted by the Building Code.
Section 504 - CREATION OF SUBSIZE LOT. No lot shall hereafter be reduced or
altered,by subdivision or otherwise, so as to result in a lot that does not meet the minimum area or
yard requirements prescribed by this Ordinance.
Section 505-PRE-EXISTING LOTS. A small lot, which was a legal building lot before
adoption of this Ordinance and which does not meet the minimum requirements of this Ordinance for
the zone in which it is located at the time the Ordinance is enacted,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.
Section 506 - TOMPIQNS COUNTY HEALTH DEPARTMENT APPROVAL. No
building permit,trailer permit,or certificate of occupancy issued under the terms of this Ordinance
shall become or remain valid unless the holder thereof complies with rules and regulations of the
Tompkins County Health Department under the terms of the County Sanitary Code and any
applicable New York State or federal laws, rules, or regulations. Where minimum lot sizes are
specified in this Ordinance,the same shall be subject to the approval of the Tompkins County Health
Department or any successor agency, and if such department or successor requires larger lots to
comply with the County Sanitary Code,New York State laws, or federal laws, the requirements of
such Department or of any State or Federal agency or successor thereto shall govern.
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Section 507-BUILDING CODE COMPLIANCE. If the requirements of the Building
Code are more restrictive with respect to any matter referred to in this Ordinance, the provisions of
the Building Code shall govern.
Section 508 - PORCHES AND CARPORTS. In determining the percent of building
coverage or the size of yards,porches and carports,open on the sides but roofed, shall be considered
a part of the building area for the purposes of this ordinance.
Section 509-FENCES AND WALLS. The provisions of this ordinance shall not apply to
fences or walls less than six feet above the natural grade,nor to terraces, steps, unroofed porches, or
other similar features constructed within three feet of the floor level of the ground story and within
three feet of the finished grade.
Section 510- YARDS.
1. SIDE YARD ON CORNER LOT.
On a corner lot in a Residential or Commercial Zone, the yard width on the side street
shall be the same as the required front yard for adjoining properties on the side street.
2. REAR YARD ON TRIANGULAR OR CORNER LOT.
Triangular lots and corner lots in Residential or Commercial Zones shall not require
a rear yard.
3. MORE THAN ONE BUILDING ON A LOT.
When permitted by this Ordinance, when there is more than one principal building on
a lot in any zone the space between the closest parts of such buildings must be at least
equal to the sum of the side yards required by each building or the sum of the rear and
front yards, as the case may be.
4. PROJECTIONS.
Bays, including their cornices and eaves, may extend not more than two feet into any
required yard provided that the sum of the lengths of such projections in any wall shall
not exceed one third the length of such wall. An open balcony or fire escape may
extend not more than five feet into any required yard.
5. PARKING.
No vehicle parking area shall be included in any required front yard,except as set forth
below and except for a lot with a single dwelling,housing not more than two families.
Section 511-NUMBER OF BUILDINGS ON A LOT. There shall not be more than one
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principal residential building on any lot unless a Special Permit for same is given by the Planning
Board. When there is more than one principal residential building on a lot the space shall be as
provided in Section 510 above with respect to yards. Each principal residential building shall have the
equivalent minimum lot area per dwelling unit required for a single family dwelling.
Section 512 -ACCESSORY BUILDINGS.
1. No accessory buildings whether attached to or detached from the principal building
shall occupy required front yard space or be closer than ten feet from side and rear lot
lines.
2. Without limiting the foregoing no tool, garden, utility shed nor swimming pool shall
be located closer than a minimum of ten feet from the rear property line in any
residential zone and in any event such structure shall otherwise comply with the
required side yard and all other requirements of this Ordinance.
3. Notwithstanding the foregoing any building housing any noxious commodity shall be
no nearer than one hundred feet from any side or rear lot line.
Section 513 -SIGNS AND BILLBOARDS.
1. No advertising sign or billboard other than those specifically permitted by this
ordinance shall be permitted in any zone.
2. If a property owner fails to comply with any of the provisions of this Section, the
Town Board may issue to said property owner a notice to appear before the Board of
Appeals to show cause why the Town Board should not contract privately to remove
any unauthorized advertising sign or billboard in order to satisfy this Section and
further,to show cause why any expense incurred by the Town Board in accomplishing
the removal of an unauthorized sign or billboard should not be assessed by the Town
Board against the real property of said owner. Upon a determination by the Board of
Appeals that said sign or billboard must be removed in order to satisfy the
requirements of this Section, the Town board shall contract for the work to be done
and the expense so incurred in accomplishing such work shall be assessed by the Town
Board against the real property of the property owner and the expense so assessed
shall constitute a lien and charge on the real property on which it is levied until paid
or otherwise satisfied or discharged as in the case of any other Town charge.
3. The above remedy is not intended to limit or restrict any other remedies or recourse
by the town against the violators of this Section.
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Section 514-PROHIBITED USES. Any uses not specifically or implicitly permitted in a
zone established by this ordinance are hereby specifically prohibited from the zone.
Section 515-EXCAVATIONS,ABANDONED CONSTRUCTION AND DESTROYED
BUILDINGS. The following rules, in addition to any other local rules(including the requirement
to obtain a fill permit set forth below),state laws or regulations or federal laws or regulations, shall
govern excavations in the Town: `
1. No excavations shall remain open or uncovered for more than one year after work has
ceased on a construction project or such excavation has been abandoned. Any
building substantially damaged by any cause shall be demolished within one year after
such damage occurs unless the reconstruction of said building shall have begun. Any
excavation or cellar hole remaining after the demolition or destruction of a building
from any cause shall be covered or filled by the owner within one year.
2. Fencing or other similar safety measures shall be provided around abandoned
excavations, damaged buildings and other potentially hazardous conditions.
3. If a property owner fails to comply with any of the provisions contained herein, the
Town Board may issue to said property owner a notice to appear before the Board of
Appeals to show cause why the Town Board should not contract privately for the
work which must be done in order to satisfy this Section and further why any expense
incurred by the Town Board in accomplishing such work should not be assessed by
the Town Board against the real property of said owner. Upon the Board of Appeals
determination that the work must be done in order to satisfy the requirements of the
ordinance,the Town Board shall contract for the work to be done and the expense so
incurred in accomplishing such work shall be assessed by the Town Board against the
real property of the property owner and the expense so assessed shall constitute a lien
and charge on the real property on which it is levied until paid or otherwise satisfied
or discharged as in the case of any other town charge.
4. The above remedy is not intended to limit or restrict any other remedies or recourse
by the town against the violators of this section.
Section 516 - LIMITATION ON CHURCHES, SCHOOLS, ETC. No church, school,
or other structure designed for public assembly or open to the public and authorized pursuant to a
Special Permit hereafter erected in, or moved to, any residential zone, shall be located within one
hundred feet of any property line.
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ARTICLE VI: ZONE REGULATIONS
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. PERMITTED ACCESSORY USES.
(a) Private garage, either attached or unattached to the principal building.
(b) Home occupations provided that there shall be no external evidence of such
activity on the site except a sign denominating such occupation not over ten
square feet in area. Any such sign shall be nonflashing and, if illuminated,
shall be shielded as much as possible from adjacent residences.
(c) One residential storage building per lot not to exceed 400 square feet in total
area.
(d) Private swimming pool,tennis courts,and other similar recreational facilities
for the principal private use of the occupants of the dwelling.
(e) Customary farm buildings such as barns, silos, livestock enclosures, storage
buildings and similar structures.
(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.
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3. USES PERMITTED BY SPECIAL PERMIT ONLY.
(a) Churches and similar religious institutions.
(b) Hospitals.
(c) Public schools, parks and playgrounds.
(d) Public library.
(e) Nursery schools, group family day care homes, and day care centers.
(f) Municipal buildings and structures.
(g) Cemeteries.
(h) Private playground, athletic field and group swimming pools.
(1) Tourist homes.
(j) Customary home occupations and professional residential offices where
external visible evidence of same exists on the site.
(k) Private Airplane Landing Field.
(1) Replacement of a preexisting singlewidc mobile home which is the second
dwelling on a lot, with a newer manufactured home.
(m) Installation of a second dwelling unit on a lot in a separate building for
temporary or permanent occupancy.
(n) Other uses not specifically listed above but deemed by the Planning Board to
be similar in nature and compatible with the purposes of the zone.
4. REQUIRED LOT AREA. Lot area shall be not less than two acres with frontage of
not less than two hundred feet, and a lot depth of not less than three hundred feet,
except as hereinafter provided in Section 600, Paragraph 6.
5. YARDS. Except as hereinafter provided, minimum yard size shall be:
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(a) Minimum front yard depth- fifty feet.
(b) Minimum side yard width - fifty feet, except as provided in Section 600,
Paragraph 6.
(c) Minimum rear yard depth -seventy-five feet.
•
6. REDUCTION OF LOT AREA, FRONTAGE AND SIDE YARDS ALONG
STREETS. Notwithstanding the provisions of the two immediately preceding
subparagraphs, in an area bounded by the centerline of a street designated on the
Zoning Map(being largely all streets publicly owned on January 1, 1992, that are not
seasonal use streets or streets that have only state forest land fronting on both sides)
and a line parallel to such street centerline and 400 feet distant therefrom,the required
lot area is not less than one acre,the minimum frontage is 150 feet, and the minimum
side yard width is 25 feet.
7. SIGNS. In addition to the previously mentioned signs, the following signs shall be
permitted:
(a) Signs required by law.
(b) Official signs of any governmental agency.
(c) Identification signs for churches,parks and playgrounds and similar uses not
• exceeding in the aggregate fifteen square feet in area. Any such signs shall be
located within the property lines of the premises it identifies and may be
illuminated but not flashing. Any signs with lights directed to the sign shall
have the lights shielded as much as practicable to direct the lights only at the
signs.
(d) Temporary signs which shall not be more than fifteen square feet in area and
which have been approved by the Board of Appeals.
8. HEIGHT. Except as otherwise authorized under the terms of this Ordinance, no
building shall exceed thirty-six feet in height from lowest exterior grade or forty feet
in height from lowest interior grade. No structure shall exceed thirty-six feet in height.
This height limitation shall not apply to silos, barns, or other structures used in
connection with generally recognized agricultural operations. No such structures,
however,shall exceed one hundred feet in height, or be located less than one hundred
feet from any property line.
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9. BUILDING AREA. The maximum Building Area shall not exceed twenty-five
percent of the Lot Area.
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
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such street centerline and 400 feet distant therefrom, the required lot area is not less
than one acre and the minimum side yard width is 25 feet.
7. SIGNS. Signs are limited to the same as those permitted in a Low Density Residential
Zone.
8. HEIGHT. Height limitations are the same as in the Low Density Residential Zone.
9. BUILDING AREA. Building area limitations are the same as in the Low Density
Residential Zone.
Section 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 PERMI'1-1 ED BY SPECIAL PERMIT ONLY.
(a) Those uses permitted by Special Permit in a medium density residential zone.
(b) Multiple-family dwellings.
(c) Hotels, motels, and boarding homes.
(d) Other uses not specifically listed above but deemed by the Planning Board to
be similar in nature and compatible with the purposes of the zone.
4. REQUIRED LOT AREA. Lot area shall be not less than one acre with frontage on
a public street of not less than one hundred fifty feet and a lot depth of not less than
two hundred feet unless the area is served by public water, in which event the lot area
shall be not less than one half acre with frontage on a public street of not less than
seventy-five feet and a lot depth of not less than one hundred fifty feet.
5. YARDS.
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(a) Minimum front yard depth - fifty feet.
(b) Minimum side yard width-twenty feet.
(c) Minimum rear yard depth-fifty feet.
Notwithstanding the foregoing,if a multiple-family dwelling is permitted,the minimum
yards shall be increased so that no structure on lots containing one or more multiple-
family dwellings shall be located closer than eighty feet from any exterior property line,
fifty feet from any public road right of way,or within thirty feet of any other structure
on the lot.
6. SIGNS.
(a) Same as those permitted in a medium density residential zone.
(b) Motels, hotels, and boarding homes-an identification sign may be located on
or attached to the principal facade of the building or located in the required
yard space. If attached to the facade, such sign shall not exceed twenty-five
percent of the facade area or fifty square feet, whichever is more restrictive.
If free-standing,such sign shall not exceed fifty square feet in the aggregate.
If illuminated, such sign shall be non-flashing.
7. FIGHT. 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 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
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of Danby Zoning Map designated Medium Density Residential and Iiigh 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.
(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.
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(d) USES PERMITTED IN A COMMERCIAL ZONE "A" BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the site
plan and issuance of a Special Permit by the Planning Board:
(i) Gasoline service station.
(ii) Public schools.
(iii) Child nursery or day care centers, and private schools including
commercially oriented schools such as dancing, art, and business
schools.
(iv) Churches and similar religious institutions.
(v) Community centers.
(vi) Tourist homes containing no more than ten beds.
(vii) Package liquor store not larger than 5,000 square feet.
(viii) Other commercial uses upon the finding by the Planning Board that
such use is of the same general character as 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) PERMIT-TED 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:
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(i) Any of the uses permitted upon approval of the site plan in
Commercial Zone "A".
(ii) Retail food stores with more than 10,000 square feet of building area.
(iii) Bookstores, drugstores, hardware stores, and smokeshops of more
than 5,000 square feet of building area. ri'; .
(iv) Retail service stores such as barber shops, beauty parlors, florists,
tailors,and any other similar retail stores of more than 5,000 square
feet.
(v) Laundromats and dry cleaning facilities.
(vi) Funeral homes and mortuaries.
(d) USES PERMITTED IN A COMMERCIAL ZONE "B" BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the site
plan and issuance of a Special Permit by the Planning Board.
(i) Any uses permitted by Special Pcrmit 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
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(x) Other similar commercial uses upon the finding by the Planning Board
that such use is of the same general character as those permitted and
such use will not be detrimental to the other uses within the zone or to
the adjoining land use.
4. COMMERCIAL ZONE "C".
(a) PURPOSE. The purpose of establishing a Commercial Zone"C"is to provide
an area where commercial activities involving an impact greater than normally
found in uses permitted in Commercial Zones "A"and "B", including greater
impacts in respect to traffic, noise, and overall impact, will be permitted.
(b) PERMITTED PRINCIPAL USES IN A COMMERCIAL ZONE "C". All
permitted principal uses that are explicitly permitted in a Commercial Zone"B"
without requiring a Special Permit or site plan approval are permitted in a
Commercial Zone "C".
(c) PERMITTED USES IN A COMMERCIAL ZONE "C" UPON APPROVAL
OF THE SITE PLAN. The following uses are permitted upon approval of the
site plan by the Planning Board:
(i) Any use expressly permitted in Commercial Zones "A" or "B".
(d) USES PERMITTED IN A COMMERCIAL ZONE "C" BY SPECIAL
PERMIT ONLY. The following uses are permitted upon approval of the site
plan and issuance of a Special Permit by the Planning Board.
(i) Any use authorized upon such approval and issuance of such a permit
in commercial zones "A" or "B".
(ii) Car wash.
(iii) Hotel, motel, and boarding houses.
(iv) Facilities for the sale of any new products, produce, goods, and
equipment.
(v) Automotive and other motorized vehicle repair facilities.
(vi) Theaters.
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(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.
(1) Those permitted in any residential zone.
(ii) Automobile parking and off-street loading areas, subject to further
requirements of this ordinance.
(iii) Accessory storage buildings, but not to include outside storage.
(b) REQUIRED LOT AREA.
(i) Residential uses - lot area shall not be less than one acre for a one or two
family dwelling plus five thousand square feet for each additional dwelling unit
on the same lot, with frontage of not less than one hundred fifty feet and a lot
depth of not less than two hundred feet unless served by public water in which
event lot area shall be not less than one half acre with frontage on a public
street of not less than one hundred feet and a lot depth of not less than one
hundred fifty feet.
(ii) All other uses-lot area shall not be less than one acre with frontage not less
than one hundred fifty feet.
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(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.
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(1) No building shall be placed nearer than 25 feet from any non-commercial
zone. This buffer strip shall not be in addition to the required front, side and
rear yards. A strip at least 10 feet wide within such buffer area shall be
suitably planted to screen a commercial zone from present or future
residences, or a suitable screening fence shall be erected.
(ii) In addition to the screening requirement set forth above, additional setback,
landscaping,fencing,screening,or earth berm may be required to be provided
in any area where a proposed structure or use would create a hazardous
condition or would detract from the value of neighboring property if such
landscaping, fencing, screening, or berm were not provided.
(h) WASTE DISPOSAL-No waste or refuse shall be placed outside any building in a
commercial zone except that an area common to all businesses,or a separate area for
each business shall be reserved at the rear of the structure or structures. These areas
shall contain bins,or other receptacles adequate to prevent the scattering of waste and
refuse,and shall be planted or fenced so as to be screened from the public view. Such
area and receptacles shall not be located in any buffer area or required yards. No
refuse shall be burned on the premises.
Section 604 - PLANNED DEVELOPMENT ZONES. The purpose of the planned
development zone and the following regulations is to accommodate certain developments of land and
buildings which are to be planned and executed as a unit such as but not limited to large subdivisions,
industrial parks,mechanical assembly facilities, factories,trailer parks and similar types of land use,
and to establish standards by which development in the zone shall occur.
1. LAND.AREA. Planned Development Zones shall comprise at least five (5) acres.
When and if a Planned Development Zone is established any Planned Development
in said zone shall comprise at least 5 acres.
2. OTHER REQUIREMENTS. The requirements of the Commercial Zones shall also
be applicable to any development in a Planned Development Zone unless specifically
waived or altered by the Town Board during the course of the establishment of said
zone according to the procedures set forth in this Ordinance.
3. APPLICATION FOR PLANNED DEVELOPMENT ZONE. An application for the
establishment of a Planned Development Zone shall be submitted to the Town and
processed in the manner set forth below.
4. EXISTING ZONES CONTINUED. Any Planned Development Zone, (formerly
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known as Planned Development Districts)legally created before the adoption of this
revised ordinance shall continue as heretofore approved, subject to the Town's ability
to rezone any such area in the future in the same manner as the Town may rezone any
other area, zone, or district in the Town.
Section 605-MOBILE HOME PARK ZONE.
1. LOCATION AND CRITERIA. With the approval of the Town Board, a Mobile
Home Park Zone may be established in any area of the Town. In considering any
application for any such use, the Town Board shall refer to the requirements of the
Tompkins County Health Department or such agency as shall at that time be charged
with the duty of approving sewage disposal in the area contemplated for such use,and
consideration shall be given to the environmental characteristics of the area, such as
adequate and safe highways,access roads,properly designed site locations for trailers,
water availability,and the character of the location in relation to the adjacent properties
and the zoning thereof No application shall be properly received unless accompanied
by a proper proposed site plan which, in addition to the matters required of a site plan
elsewhere in this Ordinance,shall include the site locations, proposed roads, sewage
disposal, landscaping,and other matters as may be required by the Town Board. The
developer shall also submit suitable plans and proposed regulations for sewer
connection,water supply, toilets,bathing facilities, garbage removal, registration of
occupants,inspection of camps and providing time limits on duration of stay of house
trailers in such trailer camps, tourist camps or similar establishments. Any mobile
home park shall comply with any mobile home ordinance that is now or may hereafter
be enacted by the Town of Danby.
2. USE REGULATIONS. In a Mobile Home Park Zone no building shall be erected or
extended and no land or building or part thereof shall be used for other than a mobile
home park. In a mobile home park, there shall be no more than one dwelling unit
maintained in each mobile home. In addition, each dwelling unit may be occupied by
not more than
(a) one family, or
(b) one family plus no more than two boarders, roomers, lodgers, or other
occupants.
3. ACCESSORY USES. The following accessory uses are permitted in Mobile Home
Park Zone:
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(a) Automobile parking and garages, subject to the further requirements of this
Section.
(b) Structures and open land for recreation, intended for use by the residents of
the mobile home park.
(c) Such areas and structures as may be necessary for homei taking activities, such
as a common laundry or garden plots. The use of any such area or structure
may be limited to residents of the mobile home park.
(d) Day care homes.
(e) Group day care facilities and group family day care homes by Special Permit.
(f) Day care centers by Special Permit.
4. MINIMUM AREA FOR A MOBILE HOME PARK ZONE. A minimum tract of ten
acres is required for the development of a Mobile Home Park Zone.
5. REQUIRED LOT AREA. Each mobile home lot shall have a minimum gross area of
5,000 square feet. The arrangement of lots in the park shall facilitate the efficient
development of land and permit the convenient access of emergency vehicles.
6. STAND LOCATION. The location of the mobile home stand on each lot shall be
identified on the site plan that was the basis for the creation of the Mobile Home Park
Zone.
7. STANDS. The mobile home stand shall be provided with anchors and other fixtures
capable of securing and stabilizing the mobile home. These anchors shall be placed
at least at each corner of the mobile home stand.
8. SKIRTING. Each mobile home owner, within thirty (30) days after the arrival of the
mobile home in the park, shall be required to enclose the bottom space between the
edge of the mobile home and the mobile home stand with a skirt of metal, wood or
other suitable materiaL This skirt shall be properly ventilated and securely attached to
the mobile home.
9. PARKING. One garage or lot parking space shall be provided for each mobile home,
plus one additional lot space for each 3 mobile homes. No parking lot shall be located
farther than 100 feet from the dwelling unit it is intended to serve. Each parking space
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shall have a minimum of 180 square feet.
10. BUFFER YARDS. A buffer yard at least 30 feet wide shall be provided around the
perimeter of the mobile home park No structures are permitted in the buffer yard and
the Planning Board may require that suitable landscaping be provided in order to
effectively screen the mobile home park from adjacent properties. Parking spaces are
not permitted in the buffer yards. ,
11. ACCESS DRIVES AND WALKWAYS. Access drives shall be paved with blacktop,
concrete, or other solid material. Driveways and walkways shall provide safe access,
ingress, and traffic circulation within the site. The placement, size, and arrangement
of access to public ways shall be subject to the approval of the appropriate highway
authority. Where the density of population or school bus routes make it necessary,
sidewalks and bus shelters may be required.
12. OPEN SPACE AND RECREATION AREAS. The applicant shall provide recreation
areas on the premises for children. The Planning Board shall review and approve all
such areas. Ten percent of the gross lot area of the mobile home park, exclusive of
the area.reserved for buffer yards, shall be permanently maintained as open space.
13. STORAGE SPACE. The owner shall provide storage space in convenient locations
for each mobile home lot. This storage space shall be contained in an enclosed and
secure structure. Several storage structures may be located in a common building.
The minimum dimensions of storage space per lot shall be eight feet high, eight feet
deep, and four feet wide.
14. SCREENING OF WASTE AND REFUSE. One or more common areas shall be
provided for the disposal of waste and refuse. These areas shall contain secure
garbage bins of a suitable size. These areas shall be screened from public view by
shrubbery or a fence.
16. SIGNS. A single sign for the mobile home park is permitted no larger than a sign
pennitted in the Commercial Zones.
17. BUILDING PERMITS. A building permit shall be required pursuant to this
Ordinance for each mobile home and/or accessory structure to be sited or constructed.
18. SITE PLAN APPROVALS. No building permit shall be issued for a building within
a Mobile Home Park Zone unless the proposed structure is in accordance with a site
plan approved pursuant to the provisions of this Ordinance and approved by the
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Tompkins County Health Department. No subdivision of a mobile home park site
plan is permitted without approval of the Town Board, following Planning Board
review. No alteration, amendment or change in a trailer park site plan is permitted
without approval of the Planning Board.
ARTICLE VII: SPECIAL REGULATIONS • ;. .
Section 700 -APPLICATION. Except as otherwise herein provided, the following special
regulations shall apply to the entire Town.
Section 701 -LIMITATION OF USES WTTI-IIN 200 FEET OF A RESIDENCE ZONE.
No theater, dance hall, tavern, restaurant, bowling alley, skating rink, veterinary hospital, kennel or
other place for the boarding of animals, garage or shop for the painting or repairing of automobile
bodies or fenders, or any other use causing loud or unusual noise, fumes, or odors shall be located
within 200 feet of any Residence Zone.
Section 702 - ENCLOSURE OF EXCAVATION SITES. Any commercial operation
involving the excavation of top soil, sand, gravel, clay, shale or other natural deposit or the quarrying
of any kind of rock formation at depths of more than 6 feet shall be enclosed by a substantial fence.
Section 703 -ABANDONMENT OF QUARRIES, ETC. At such time as any quarry or
excavation for the purpose of extraction of natural resources is abandoned, all steep sides shall be
sloped to a slope of not greater than one vertical foot of slope in each three lineal feet, and the entire
area is to be adequately seeded or otherwise landscaped to prevent erosion. Nothing contained in this
section is intended to relieve a quarry or excavation owner from complying with more stringent
requirements of any federal, state, or local law or regulation.
Section 704 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES.
1. No part or appliance of any building used as a garage or gasoline filling station shall
be erected within seventy-five feet of any Residence Zone.
2. In no case shall a gasoline or oil pump, oiling or greasing mechanism, or other service
appliance installed in connection with any gasoline filling station or public garage be
closer than thirty feet from any street line or highway right-of-way line.
3. No automobile repair work, except emergency work, shall be carried on out of doors
and all automobile or motor vehicle parts, dismantled vehicles and similar articles shall
be stored within a building or at a location not visible from any point from any
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adjoining property.
Section 705 - JUNK YARDS. Junk yards are specifically excluded from all zones except
that junk yards may be established as part of a planned development zone in accordance with the
provisions for same. Any junk yard existing as a non-conforming use shall not be expanded or
enlarged and shall be completely enclosed by a substantial and opaque screen (fence, berm, or other
visual and completely opaque screen) with openings only for ingress and egress'at no more than one
hundred foot intervals along a property line including road frontage. Such openings shall not exceed
twenty-five feet in width. Such screen shall be at least six feet high and shall be no nearer than twenty-
five feet from any public highway right-of-way line, and there shall be no storage outside the screen.
Section 706 - OFF-STREET PARKING.
1. RESIDENTIAL PARKING SPACES. In residence zones, not more than two (2)
parking spaces per dwelling unit shall be located in required front yard areas. Under
no circumstances shall more than four parking spaces for the entire building be located
in any required front yard area. Front yards shall not be used for the storage of
abandoned or disabled vehicles.
2. MULTIPLE.RESIDENCE PARKING SPACES. Every building housing or designed
to house more than two families shall provide in connection with it and on the same
lot, two garage spaces, or off-street parking spaces, for motor vehicles for each
dwelling unit provided in such building up to five dwelling units, and one garage or
off-street parking space for each dwelling unit in excess of five. No more than one
parking space per dwelling unit shall be located in required front yard areas and in no
event shall more than four parking spaces be located in any required front yard area.
3. PARKING REQUIREMENTS FOR OTHER USES. In all other instances, a
minimum of 300 square feet of parking area, including lanes and driveways, shall be
provided for each 100 square feet of enclosed floor area, excluding basements used
for storage, except in the cases of the following uses, for which off-street parking shall
be provided in accordance with the following schedule:
(a) School or other educational institutions - four spaces for each class room.
(b) Hospital, sanitarium or nursing or convalescent home - one space for each two
beds.
(c) Theater, community center or other place of public assembly- one space for
each five seats.
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(d) Bowling Alley- three spaces for each alley.
(e) Roller skating rink, dance hall or similar places of amusement - one space for
each 50 square feet of gross floor space.
(f) Motel,hotel, rooming house, tourist home - one space for each room offered
to rent, which space must be available at night. ' ,'s
(g) Fraternity or sorority house or membership club - one space for each two
beds, or one space for each three members, whichever figure is larger.
(h) Restaurant or tavern - one space for every three seats.
(i) Office or bank building -one space for each 200 square feet of office or bank
floor area.
(j) Retail Stores - one space for every 200 square feet of sales space on the
ground floor or main sales floor, whichever is larger and one space for each
500 square feet of sales area on all other floors combined.
(k) Churches - one space for every four seats.
(I) Personal Service Shops - one space for every 50 square feet of gross floor
area.
4. NO PARKING IN BUFFER ZONES. Except as specifically permitted for residence
zones above, there shall be no parking in any required front, side or rear yard or buffer
zone. Parking lots shall be surfaced with blacktop, stone, or other material that does
not produce dust and shall be graded so as to drain properly.
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.
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B. SINGLEWIDE MOBILE HOMES. Singlcwide 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
of the trailer obtains a permit for such occupancy from the Code Enforcement
Officer. Such permit shall be granted only in conjunction with the issuance of
another building permit for construction of a structure on the same premises
costing at least $75,000, or in conjunction with a public works project. Any
permit for such construction trailer shall expire one year from the date of its
issuance unless renewed by the Code Enforcement Officer.
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(D) PREEXISTING SINGLEWIDE MOBILE HOMES. The following applies
to singlewide mobile homes on individual lots which were occupied on and
before July 10, 1995.
(i) If such a singlewide mobile home is the single residential structure on
the lot, it may continue to be occupied as a lawfully permitted use. It
may be replaced with a newer manufactured home subject to the
issuance of a building permit.
(ii) If such a singlewide mobile home is the second residential structure on
a lot, it may continue to be occupied as a lawfully permitted use. It
may be replaced with a newer manufactured home only upon the
granting of a Special Permit by the Planning Board.
(E) SINGLEWIDE MOBILE HOMES AS TEMPORARY HOUSING. The new
installation of a singlewide mobile home as the second dwelling on a lot may
occur upon the granting of a Special Permit for same by the Planning Board
for the following:
(i) Temporary housing for family members related to the owners of the
property, when such family members need close attention by the
owners due to age, illness, or similar circumstances.
(ii) Temporary housing for personnel providing support services such as
caretaking, nursing, and similar services to the residents of the primary
dwelling on the property.
(iii) Temporary housing for agricultural workers.
(F) CRITERIA FOR SPECIAL PERMITS FOR SINGLEWIDE MOBILE
HOMES. In considering an application for a Special Permit for a singlewide
mobile home, the Planning Board shall consider the General Conditions
Required for all Special Permits which are provided elsewhere in this
ordinance. In granting such a Special Permit, the Planning Board may place
conditions on such Permit to ensure that, for example, temporary housing is
properly used as intended, and is removed when it is no longer needed.
Section 708 - INDUSTRIAL ESTABLISHMENTS. Industrial establishments may only
be located in Planned Development Zones created in accordance with the terms of this ordinance.
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Section 709 - FLOOD HAZARD PROTECTION. No construction shall occur within an
area governed by the Town of Danby local law relating to flood damage protection except as the same
is permitted and occurs in accordance with the terms of such local law.
ARTICLE VIII: SITE PLAN REVIEW AND APPROVAL PROCEDURES.
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Section 800 -APPLICATIONS FOR REZONING. Before an application is submitted to
the Town Board for establishment of a Commercial "A", "B" and "C" Zone, a Planned
Development Zone or a Mobile Home Park Zone, the establishment of which may be
permitted under this Ordinance, the applicant shall proceed as follows:
1. At the option of the applicant, the applicant may request a conference with either the
Planning Board or the Town Board to informally explore the applicant's proposal.
The applicant may submit a sketch or other preliminary information for the board's
consideration and reaction. No decision will be made by either board and the sole
function of the conference is to provide a forum early in the process to determine
whether the circumstances are such that the application would not 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 arc 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
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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 801 - SITE PLANS RELATED TO SPECIAL PERMITS. When applying for
a special permit pursuant to the procedures hereinafter set forth, a site plan shall be submitted in
accordance with this section.
1. The site plan shall show(unless one or more items are waived by the Planning Board)
property lines, including metes and bounds, adjacent public streets, topography, size
and location of existing or proposed structures, and such other plans and information
and any other features deemed reasonably necessary by the Planning Board for
adequate study of the proposed plan.
2. The Planning Board may require such changes in the site plan as are necessary to meet
the requirements of this Ordinance and may make any other changes which it deems
necessary to promote the general health, safety, morals, and the general welfare of the
community. The Planning Board shall then adopt a resolution (which resolution may
be in conjunction with the resolution regarding approval or disapproval of the special
permit itself) either approving, approving with modifications, or disapproving the
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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 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 planis 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 the
general site plan, no public hearing shall be required.
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3. The Planning Board shall hold a public hearing, unless such hearing has been waived,
within 62 days of the filing of the completed application for final site plan approval.
For this purpose, determination of the completeness of the application shall include the
provisions set forth above for general site plans. Notice of any such hearing shall also
follow the Public Hearing Notification Procedures for Site Plans set forth in this
ordinance. Within 62 days after the hearing, or within 62 days of the filing of the
completed application with the Planning Board if the hearing has been waived, the
Planning Board shall approve or disapprove the final site plan. The owner shall be
bound by the final site plan as approved by the Planning Board.
4. If at any time subsequent to the approval of the final site plan, the owner wishes to
change the final site plan as approved, an application with the revised site plan
prepared in accordance with the requirements of this ordinance shall be submitted to
the Planning Board for the Planning Board's approval. In reviewing such application
for a modified site plan the Planning Board shall have all of the powers it has with
respect to reviewing an original application for site plan approval and the same public
hearing requirements, time limits, and other procedures shall apply. Notwithstanding
the foregoing, if the modification involves
(a) construction or alteration of less than 1,000 square feet of enclosed space
whether on one or more stories; and
(b) construction or relocation of less than 3 parking spaces; and
(c) construction, repairs, alterations, or renovations affecting the exterior of a
building or the site, (exterior work is anticipated to cost less than $10,000.00),
and
(d) enlargement of an existing building that involves an increase of square footage
of less than 10%of the existing square footage of the existing building; and
(e) no alteration of proposed traffic flows and access; and
(f) no direct violation of any express conditions imposed by the Planning Board
in granting prior site plan approval,
or if the modification involves
(a) a movement or shift of a location of one or more buildings not more than two
feet in any direction from the location shown on the final site plan; and
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(b) such shift does not alter proposed traffic flows or access; and
(c) such shift does not directly violate any express conditions (including, without
limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in
granting prior site plan approval,
then such modification may be made without requiring approval of the modified site
plan by the Planning Board. This waiver of the requirement of Planning Board
approval is not intended to permit construction in violation of any other provision of
the Zoning Ordinance including setback, side yard, and similar regulations, or the
requirement to obtain a building permit in those circumstances when otherwise
required by the terms of this ordinance.
Section 803 -WAIVER OF REQUIREMENTS TS RELATED TO SITE PLAN. The Town
Board in those circumstances where a site plan is required for Town Board review, and the Planning
Board,in those circumstances where a site plan is provided for Planning Board review, may waive one
or more items (e.g., topography) otherwise normally required to be shown on the site plan when the
applicable board determines that the circumstances of the application do not require a full site plan for
adequate consideration of the applicant's proposal...
Section 804 - PUBLIC HEARING NOTIFICATION PROCEDURES FOR SITE
PLANS.
1. Notice of any public hearing scheduled by the Planning l3oard for consideration of a
general, final, or modified site plan, including a site plan which is part of a special
permit application, shall be mailed to the applicant and shall be posted and published
in the official Town newspaper at least 5 days prior to the date of such hearing, such
notice to include the nature of the request and the time and place at which it will be
heard.
2. Notice of any public hearing scheduled by the Town Board for consideration of an
application for rezoning shall follow the same notice required by law in the case of an
amendment to the Zoning Ordinance.
3. Notice of heating 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
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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.
ss
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.
Section 805-GENERAL CONSIDERATIONS. The Planning Board's review of a general,
preliminary, or final site plan shall include as appropriate, but shall not be limited to, the following
considerations:
1. Adequacy, arrangement, and location of vehicular access and circulation, including
intersections, road widths, pavement surfaces, off-street parking and loading areas, and
traffic controls.
2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and
circulation, control of intersections with vehicular traffic, and appropriate provisions
for handicapped persons.
3. Adequacy, location, arrangement, size, design, and general site compatibility of
buildings, lighting, signs, open spaces, and outdoor waste disposal facilities.
4. Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting
a visual and/or noise-deterring buffer between the applicant's and adjoining lands,
including the retention of existing vegetation of value to the maximum extent possible.
5. In the case of a residential property, and in the case of other properties where
appropriate, the adequacy and utility of open space for playgrounds and for informal
recreation.
6. Protection of adjacent properties and the general public against noise, glare,
unsightliness, and noxious odors, air, water and soil or other objectionable features.
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7. Adequacy of storm water, drainage, water supply, and sewage disposal facilities.
8. Adequacy of fire lanes and other emergency provisions.
9. The effect of the proposed development on environmentally sensitive areas including
but not limited to wetlands, flood plains, woodlands, steep slopes, and water courses,
and on other open space areas of importance to the neighborhood or community.
10. Compabbility of structures and other site improvements with adjoining land uses and
the general neighborhood.
11. Compliance with the Zoning Ordinance, subdivision regulations, if applicable, and any
other applicable laws, rules, requirements, or policies.
Section 806 - OTHER PROVISIONS REGARDING SITE PLANS.
1. No building permit shall be issued for a project with an approved final site plan until
the applicant has furnished to the Code Enforcement Officer an irrevocable letter of
credit in an amount to be approved by the Town Board. Such letter of credit shall
insure that all items on the site plan that may be deemed necessary to provide for
adequate traffic flow, utilities, and other infrastructure items arc constructed in
accordance with the approved final site plan and any other pertinent specifications and
requirements. The Town Board may waive the requirement or may accept other
evidence or promise of completion of required facilities for the site plan if, in its
discretion, it determines that there is no need for the letter of credit.
2. No final certificate of occupancy or certificate of compliance shall be issued until all
improvements shown on the final site plan as approved by the Planning Board are
installed or until a sufficient performance guarantee, such as a letter of credit, has been
provided to the Town for improvements not yet completed. The sufficiency of such
performance guarantee shall be determined by the Town Board. The Town Board
may waive the requirement for such performance guarantee if, in its discretion, it
determines that the guarantee is not needed.
3. Unless work has materially commenced in accordance with the final site plan within
one year from the issuance of the building permit authorizing such work, or within
thirty-six months of the date the Planning Board gave final site plan approval,
whichever is earlier, not only the building permit but the site plan approval (both final
and preliminary)shall expire and the permissible uses and construction on the property
shall revert to those in effect prior to the granting of any site plan approval. The
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Planning Board, upon request of the applicant, after a public hearing, and upon a
fmding that the imposition of the time limits set forth above would create an undue
hardship on the applicant, may extend the time limits for such additional periods as the
Planning Board may reasonably determine. An application for such extension may be
made at the time of filing of the original application or at any time thereafter up to, but
no later than, six months after the expiration of the time limits set forth above.
For the purposes of this section, work will not have "materially commenced" unless,
at a minimum, (i) a building permit, if required, has been obtained; (ii) construction
equipment and tools consistent with the size of the proposed work have been brought
to and been used on the site; and (iii) substantial excavation (where excavation is
required) or significant framing, erection, or construction (where excavation is not
required) has been started and is being diligently pursued.
Section 807-FAILURE OF TIMELY ACTION BY TOWN BOARD OR PLANNING
BOARD. The failure of the Town Board or the Town Planning Board to act within the required time
periods set forth in this Ordinance shall not constitute an approval of the proposed project but shall
subject such Board to appropriate legal action by any applicant who is aggrieved by the failure to so
timely act.
ARTICLE LY: SPECIAL PERMITS
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.
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4. EXPIRATION. A Special Permit authorizes only the proposed work or the proposed
activity specified on the Special Permit. The permit expires if the permitted activity
ceases for more than six months for any reason whatever. The permit expires for any
proposed work if the work has not commenced within one year.
5. CONDITIONS ATTACHED TO THE ISSUANCE OF SPECIAL PERMITS. In
granting any Special Permit, the Planning Board may place such reasonable conditions
and restrictions as are directly related to and incidental to the proposed Special Permit.
Such conditions may include, but are not limited to, the following:
(a) Placing a time limit on the duration of the Special Permit, after which time
limit the Special Permit would expire unless a renewed Special Permit were
granted by the Planning Board.
(b) Making the Special Permit personal to the applicant, and not transferable
unless a modified Special Permit were granted.
(c) Requiring a periodic 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 901 - GENERAL CONSIDERATIONS REQUIRED FOR ALL SPECIAL
PERMITS. No Special Permit will be granted by the Planning Board unless the site plan meets the
requirements for approval of same set forth above and unless the requested activity or facility meets
the following requirements:
1. It will not be detrimental to or endanger the public health, safety, or general welfare;
2. It will not be injurious to the use and enjoyment of other property in the vicinity or
neighborhood;
3. It will not impede the orderly development of the vicinity or neighborhood;
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4. The street system and off-street parking facilities can handle the expected traffic in a
safe and efficient manner;
5. Natural surface water drainageways are not adversely affected;
6. Water and sewerage or waste disposal facilities are adequate;.
7. The general environmental quality of the proposal, in terms of site planning,
architectural design, and landscaping, is compatible with the character of the
neighborhood;
8. Lot area, access, parking, and loading facilities are sufficient for the proposed
activities;
9. The requested activity or facility conforms in all other respects to the applicable
regulations of the Zone in which it is located;
10. The applicant has shown that steps will be taken where necessary to meet all applicable
general regulations; and
11. The site plan, when required, has been approved in accordance with the provisions for
approval of site plans set forth above.
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.
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(b) If the second dwelling is temporary, the adequacy of terms related to removal
of such dwelling when it is no longer needed for its intended purpose.
Section 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 904 - FLOOD HAZARD AREAS. No Special Permit shall be granted and no
construction, alteration, or development shall occur in an area denominated as an area of special flood
hazard in the Town of Danby in accordance with the appropriate flood insurance rate maps prepared
by the Federal Emergency Management Agency for the Town of Danby unless and until such
construction is in accordance with any local law of the Town of Danby whether now in existence or
hereafter enacted, relating to flood damage protection. Without limiting the foregoing, no
development, construction, or alteration requiring a development permit or building permit pursuant
to the provisions of such local law shall commence until the requisite permit is obtained. In any event
no use shall be permitted in an area denominated as a flood hazard area that is otherwise not permitted
in the underlying zoning district for that area.
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Section 905-ENVIRONMENTAL REVIEW. No Special Permit shall be granted and no
construction, alteration, or development shall occur if such permit, construction, alteration or
development is subject to SEQR or subject to any local law now or hereinafter adopted by the Town
of Danby, until all procedures required for-environmental review pursuant to such laws are completed.
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 the
meeting at which the Planning Board made its decision, whichever is earlier. The
appeal shall state the reasons for the appeal and, in the case of an appeal from the
granting of the permit referred to in subparagraph 1 (b) above, shall be signed by the
owners of the requisite amount of land area. If the appeal is by the applicant, the
appeal shall be signed by the applicant.
3. The written appeal shall be accompanied by the fee established by the Town Board
for hearing such appeals.
4. The Town Board shall set a public hearing to hear the appeal, which public hearing
shall be held within 60 days of receipt of the appeal with all applicable fees, unless the
time is extended with the consent of the applicant. Notice of such hearing shall be
given by publication in the official Town Newspaper at least five days prior to such
hearing and shall also be mailed by the appellant(s) to all owners of property
contiguous to the boundaries of the property under consideration in the same manner
as notice of the public hearing before the Planning Board set forth above. The Town
Board may direct the appellant(s) to provide notice of the hearing to any person
owning land within 500 feet (or such lesser distance as the Town Board may
determine)of the perimeter of the boundary of the property under consideration. The
Town Board at its discretion may direct Town staff, instead of the appellant(s) to
conduct the above described mailings.
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5. The Town Board shall affirm the Planning Board's dccision 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 finds that with modifications or new
or additional conditions, the Planning Board's decision as, modified will be in
compliance with the requirements of this Ordinance. In that event, the Town Board
shall affirm the Planning Board's decision with such modifications and/or new or
additional conditions as the Town Board reasonably deems necessary in order to so
affirm. In making its decision, the modifications and/or conditions may include
approving, disapproving, or approving with modifications any related site plan.
7. The Town Board shall render its decision within 62 days of holding the public hearing
unless the time is extended with the consent of the applicant. Failure to act within any
time limits set forth herein shall not be deemed an affirmance or reversal of the
Planning Board's decision.
8. If the decision approves the issuance of the permit, the Code Enforcement Officer
shall issue the Special Permit, as affirmed by the Town Board, with such conditions,
if any, as were finally approved by the Town Board. If the decision disapproves the
issuance of the Special Permit, the Town Board shall direct the Code Enforcement.
Officer to revoke the Special Permit. Any construction, development, or other
expenses incurred by an applicant who was granted a Special Permit by the Planning
Board, which grant is subject to appeal, shall be at the peril of the applicant or the
owner of the subject property, and shall not give rise to any claim for damages by that
applicant or owner.
ARTICLE X: NON-CONFORMING USES.
Section 1000-NONCONFORMING LOTS OF RECORD. In any Zonc in which a one
family dwelling is permitted, a one family dwelling and customary accessory buildings may be erected
on any single lot of record at the effective date of adoption of this Ordinance, provided such lot was
a valid, lawfully existing lot prior to the amendment of this Ordinance.
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 1001 -NONCONFORMING USES OF LAND. Where, at the effective date of
adoption or amendment of this Ordinance, a lawful use of land exists that is made no longer
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permissible under the terms of this Ordinance as enacted or amended, such use may be continued, so
long as it remains otherwise lawful, subject to the following provisions:
1. Such nonconforming use must not be enlarged or increased, nor extended to occupy
a greater area of land than was occupied at the effective date of adoption or
amendment of this Ordinance;
2. Such nonconforming use must not be moved in whole or in part to any other portion
of the lot or parcel occupied by such use at the effective date of adoption or
amendment of this Ordinance; and
3. If any such nonconforming use of land ceases for any reason for a period of more than
one year, any subsequent use of such land must conform to the regulations specified
by this Ordinance for the Zone in which such land is located.
Section 1002-NONCONFORMING STRUCTURES. Where a lawful structure exists at
the effective date of adoption or amendment of this Ordinance that could not be built under the terms
of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics
of the structure or its location on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way which increases its
nonconformity;
2. Should such structure be destroyed by any means to an extent of more than 75 percent
of its replacement cost at time of destruction as estimated by the Zoning Enforcement
Officer, it must not be reconstructed except in conformity with the provisions of this
Ordinance; and
3. Should such structure be moved for any reason for any distance whatever, it must
thereafter conform to the regulations for the Zone in which it is located after it is
moved.
Section 1003 - NONCONFORMING USES OF STRUCTURES. If a lawful use of a
structure, or of structure and land in combination, exists at the effective date of adoption or
amendment of this Ordinance, that would not be allowed in the Zone under the terms of this
Ordinance, the lawful use may be continued as long as it remains otherwise lawful, subject to the
following provisions:
1. No existing structure devoted to a use not permitted by this Ordinance in the zone in
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which it is located may be enlarged, extended, constructed, moved, or structurally
altered except in changing the use of the structure to a use permitted in the zone in
which it is located;
2. Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed for such use at the time of adoption or
amendment of this Ordinance, but such use must not be extended to occupy any land
outside such building;
3. Any structure, or structure and land in combination, in or on which a nonconforming
use is superseded by a permitted use must thereafter conform to the regulations for the
zone in which such structure is located, and the nonconforming use may not thereafter
be resumed;
4. When a nonconforming use of a structure, or structure and land in combination,
ceases for twelve consecutive months, the structure or structure and land in
combination must not thereafter be used except in conformance with the regulations
of the zone in which it is located; and
5. Where nonconforming,use status applies to a structure and land in combination,
removal or destruction of the structure eliminates the nonconforming status of the
land;
6. Where a non-conforming use exists in an area that has been or now requires site plan
approval for any change of use, the non-conforming use may not be changed to any
other use permitted in the zone until site plan approval has been obtained pursuant to
the terms of this Ordinance.
Section 1004 - CONTINUATION OR RESUMPTION OF FARM USES.
Notwithstanding the provisions above, any land and associated structures that have been used at any
time for fanning, whether prior to or subsequent to the enactment of this Ordinance, may be returned
to a farm use at any time.
Section 1005 - CONTINUATION OF CONSTRUCTION. Nothing in this Ordinance is
deemed to require a change in the plans, construction, or designated use of any building on which
actual construction was lawfully begun prior to the effective date of adoption or amendment of this
Ordinance and upon which actual building construction has been diligently prosecuted and completed
within two years after the effective date of the adoption or amendment making the use non-
conforming.
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Section 1006 - ALTERATIONS IN USE. Except as prohibited above, and subject to the
requirement of obtaining site plan approval if required, a non-conforming use may be changed to
another non-conforming use of the same or more restrictive classification and when so changed to a
more restrictive use, it shall not again be changed to a less restrictive use. The order of the
classification of restrictiveness from the most restrictive to the least restrictive shall be as follows:
Low Density Residential Zone
Medium Density Residential Zone
High Density Residential Zone
Mobile Home Park Zone
Planned Development Zone
Commercial Zone "A"
Commercial Zone "B"
Commercial Zone "C"
Section 1007 - RESTORATION. Nothing herein shall prevent the continued use and
substantial restoration and continued use of a non-conforming building damaged less than seventy-five
(75)percent of the replacement cost value of such building immediately prior to such damage, by fire,
flood, earthquake, act of God, or act of the public enemy, provided that such restoration is completed
within two years of the damage and provided that the use of the building and the manner in which it
was used prior to the loss is recommenced within two years of the damage. This time limit may be
extended by the Board of Appeals in cases of practical difficulty or unnecessary hardship. If there is
a dispute as to the extent of damage, the same shall be determined initially by the Code Enforcement
Officer whose decision may be appealed to the Board of Appeals.
Section 1008-BOARD OF APPEALS DETERMINATION. The Board of Appeals shall
have the jurisdiction to hear and determine any claims as to whether a particular use is a valid non-
conforming use, or whether a non-conforming use has been improperly extended or enlarged, or any
other matter relating to the non-conforming uses. Such jurisdiction may be exercised by an appeal
from a decision of the Code Enforcement Officer as hereinafter provided, or by direct application to
the Board in those instances where there is no application for a permit or certificate before the Code
Enforcement Officer. Any such direct application to the Board of Appeals shall be made on such
forms and contain such information as the Board and/or the Code Enforcement Officer may determine
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and shall be delivered to the Code Enforcement Officer for submission to the Board.
ARTICLE XI: ADMINISTRATION
Section 1100- ENFORCEMENT. This ordinance shall be enforced by a person designated
by the Town Board(herein referred to as the Code Enforcement Officer) who shall not, except under
a written order of the Board of Appeals, grant any building permit or certificate of occupancy which
would be in violation of any provision of this ordinance.
Section 1101 - PERMIT TO BUILD.
1. REQUIREMENT OF BUILDING PERMIT. No principal building or accessory
building, nor any other structure, including but not limited to, tanks, power and pump
stations, swimming pools, and signs, in any zone, shall be begun, erected, constructed,
enlarged, improved, renovated, repaired, or altered, without a permit to build, issued
by the person designated by the Town Board, except that no building permit shall be
required for the work described below, which work shall nevertheless comply with the
New York State'Uniform Fire Prevention and Building Code, any successor statute,
and any other-pertinent regulations:
2. WORK EXEMPT FROM BUILDING PERMIT:
(a) Repairs, alterations, or renovations to existing buildings provided that the
repairs, alterations, or renovations:
(i) cost (in the aggregate over a one year period) less than $10,000.00;
(ii) do not materially affect structural features of the building;
(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;
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(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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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 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. Ticdowns or
ground anchors shall be installed. All wheels and axles will be removed.
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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 onsite.
4. The mobile home, when erected, shall be at least 24 feet wide.
5. All wheels and axles will be removed.
Section 1103 - CERTIFICATE OF OCCUPANCY. Each property owner shall be
responsible for compliance with all terms of this ordinance affecting his property. Upon application
and with an approved inspection by the zoning enforcement officer such property owner shall be
entitled to a Certificate of Occupancy certifying that the occupancy or proposed occupancy complies
with this ordinance and, when constructed after the effective date of this Ordinance and in accordance
with the requirements of this Ordinance and any amendments and other applicable laws, that the
buildings have been constructed and the site developed in accordance with submitted plans.
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
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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.
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
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may, on good cause shown, waive the above described policy of property owner
notification.
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 1106- VIOLATIONS AND PENALTIES. Pursuant to Section 268 of the Town
Law any person, firm, corporation or other entity violating any provision of this ordinance shall be
deemed guilty of an offense, punishable by a fine or imprisonment, or both, as set forth in Section 268
or any successor or replacement statutes. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this ordinance shall be deemed misdemeanors and
for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
Each week's continued violation shall constitute a separate additional violation. ThisSectionshall
apply to all violations irrespective of any other remedies against the violators contained in this
ordinance as authorized by state law.
ARTICLE XII: AMENDMENTS.
Section 1200 AUTHORITY TO AMEND. The Town Board may from time to time on
its own motion, or own petition, or on recommendation of the Planning Board, amend, supplement
or repeal the regulations and provisions of this ordinance in accordance with applicable law. Every
such proposed amendment or change whether initiated by the Town Board or by petition shall be
referred to the Planning Board for report thereon before the public hearing hereinafter provided for.
Unless otherwise permitted or required by law, the Town Board by resolution adopted at a stated
meeting shall fix the time and place of a public hearing on the proposed amendments and cause notice
to be given as follows:
1. By publishing a notice at least ten (10) days in advance of the time and place of such
hearing in a paper of general circulation in the town.
2. A written notice of any proposed change or amendment affecting property within 500
feet of the boundaries of any state park or parkway shall be given to the regional State
Paris Commission having jurisdiction over such park or parkway at least ten (10) days
prior to the date of such public hearing.
3. A written notice of any proposed change or amendment affecting property within 500
feet of the boundaries of any city, village, or town shall be given to the Clerk of such
municipality at least ten (10) days prior to the date of such hearing.
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4. A written notice of any proposed change or amendment affecting property within 500
feet of the boundaries of any County shall be given to the Clerk of the Board of
Supervisors of such County or other person performing like duties at least 10 days
prior to the date of such hearing.
5. In case of a protest against such change signed by the owners of twenty (20) percent
or more of the area of land included on such proposed change or of that immediately
adjacent extending 100 feet therefrom or of that directly opposite thereto, extending
100 feet from the street frontage of such opposite land, such amendment shall not
become effective except by the favorable vote of at least four members of the Town
Board.
ARTICLE XIII: MISCELLANEOUS.
Section 1300 - INTERPRETATION OF ORDINANCE. In their interpretation and
application the provisions of this ordinance shall be held to be minimum requirements necessary to
accomplish the purpose of the ordinance. When requirements of this ordinance conflict with the
requirements of other lawfully developed.rules, regulations or ordinances, the most restrictive or that
imposing higher standards shall govern.
Section 1301 -VALIDITY. The invalidity of any section or provision of this ordinance shall
not invalidate any other section or provisions thereof.
Section 1302 -EXISTING ZONING ORDINANCE AMENDED, RE-ADOPTED AND
RE-ENACTED. The existing Zoning Ordinance of the Town of Danby, New York, as amended,
is hereby re-enacted, re-adopted and amended. This re-adoption, re-enactment and amendment shall
not affect any pending or prevent any future prosecution of any action to abate any violation existing
at the time this Ordinance is re-adopted, re-enacted and amended, if the use is in violation of the
provisions of this ordinance as re-adopted, re-enacted and amended. Nothing herein shall be deemed
to change the status of non-conforming uses created by virtue of the Zoning Ordinance previously in
effect if such uses remain non-conforming under the provisions of this Ordinance, as re-adopted, re-
enacted and amended.
Section 1303-EFFECTIVE DATE. This ordinance shall be in force and effect immediately
upon adoption and publication as provided by law.
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APPENDIX I - DEFINITIONS
The following definitions shall be adopted as a part of the Danby Zoning Ordinance.
ALTERATIONS - As applied to a building or structure,
(a) enlargement by increasing in height or by extending on a side, front, or back;
(b) moving from one location or position to another;
(c) any change, addition, or removal of the structural parts; or
(d) any change, addition, or removal of partitions, or any change in walls, ceiling, windows,
or doors.
BASEMENT - That space of a building that is partly below grade which has more than half of its
height,measured from floor to ceiling, above the average finished grade of the ground adjoining the
building.
BUILDING- A structure having a roof supported by columns or by walls and intended for shelter,
housing, protection or enclosure of persons, animals, or property. (See also "Structure").
BUILDING, ACCESSORY - Any building subordinate and clearly incidental to the principal
building on the same lot and used for purposes customarily incidental to those of the principal
building.
BUILDING AREA - The total areas taken on a horizontal plane at the main grade level of the
principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING CODE-The New York State Uniform Fire Prevention and Building Code (9 NYCRR
Part 600 et.seq.)as the same may be amended from time to time, and any successor regulations, laws
or codes.
BUILDING LINE - A line formed by the intersection of a horizontal plane at finished grade level
and a vertical plane that coincides with the exterior surface of the building on any side.
BUILDING, PRINCIPAL - A building within which is conducted the primary use of the lot on
which the building is located.
CELLAR-A story partly or entirely below grade level and having more than one-half of its height,
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measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
A cellar shall not be considered in determining the permissible number of stories.
CLINIC - A building or any part of a building which is used for the group practice of medicine by
several physicians in which certain facilities other than reception are shared by the occupants and in
which patients are diagnosed or treated by physicians specializing in various ailments and practicing
as a group. A clinic does not include a building for which overnight accommodations are provided
on a regular basis for patients.
CONSERVATION- Any use that will maintain the land in essentially its natural state.
DAY CARE HOME-A facility,home or other establishment, other than a school, at which day care
is provided for hire for up to three children under the age of sixteen years.
DAY CARE FACILITY, GROUP - A facility, home or other establishment licensed by the Ncw
York State Department of Social Services or certified by the Tompkins County Department of Social
Services, other than a school, at which day care is provided for hire for more than three, but no more
than eight, children under the age of sixteen years.
DAY CARE HOME, GROUP FAMILY - A group family day care home shall be as defined in
Section 390 of the Social Services Law of the State of New York, Subdivision 13(a) and shall be
licensed by the New York State Department of Social Services, or certified by the Tompkins County
Department of Social Services.
DAY CARE CENTER - A facility, home or other establishment licensed by the Ncw York State
Department of Social Services or certified by the Tompkins County Department of Social Services,
at which day care is provided for hire, and which is not a school, day care home, group day care
facility, or group family day care home.
DISTRICT- A physical area of land with boundaries established for zoning purposes, also referred
to as a "ZONE".
DWELLING- A building used or occupied as living quarters for one or more families.
DWELLING UNIT - A dwelling, or portion of a dwelling, providing complete living facilities for
one family.
DWELLING, ONE FAMILY - A detached building containing a single dwelling unit.
DWELLING, TWO-FAMILY - A detached building containing two dwelling units.
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DWELLING, MULTIPLE-FAMILY - A detached building containing three or more dwelling
units.
EASEMENT - A grant by the property owner to the public, a corporation, or a certain person or
persons of the use of a designated part or attribute of his property for a specific purpose.
EXCAVATION - An excavation is a hollow or cavity formed by removing:20 cubic yards or more
of soil or fill which has a slope grade greater than 1 foot over 3 as that term is commonly understood
in the field of engineering.
FAMILY - (a) A housekeeping unit consisting of
(1) An individual, or
(2) Two or more persons occupying a single dwelling unit, related by blood,
marriage, or legal adoption, living and cooking together as a single
housekeeping unit, or
(3) Not more than three unrelated persons, occupying a single dwelling unit, living
and cooking together as a single housekeeping unit.
(b) Notwithstanding the provisions of paragraph (a)(3) of this definition, a group of
unrelated persons numbering more than three (3) shall be considered a family upon
a determination by the Board of Appeals that the group is a functional equivalent of
a family pursuant to the standards enumerated in paragraph (d) herein.
(c) Before making a determination whether a group of more than three unrelated persons
constitutes a family for the purpose of occupying a dwelling unit, as provided for in
paragraph(b)of this definition, the Board of Appeals shall hold a public hearing, after
public notice, as is normally required for the obtaining of a variance. The fee for such
an application shall be the same as is required for an application for a variance. Said
application shall be on a form provided by the Board of Appeals or Code Enforcement
Officer.
(d) In making a determination under paragraph (b) the Board of Appeals shall find all of
the following:
(1) The group is one which in theory, size, appearance and structure resembles a
traditional family unit;
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(2) The group is one which will live and cook together as a single housekeeping
unit; and
(3) The group is of a permanent nature and is neither merely a framework for
transient or seasonal (including as "seasonal" a period of an academic year or
less) living, nor merely an association or relationship which is transient or
seasonal in nature. In making this finding, the Board of Appeals may consider,
among other factors, the following:
(A) Whether expenses for preparing of food, rent or ownership costs,
utilities, and other household expenses are shared and whether the
preparation, storage and consumption of food is shared.
(B) Whether or not different members of the household have the same
address for the purposes of
(i) Voter registration.
(ii) Drivers license.
(iii) Motor vehicle registration.
(iv) Summer or other residences.
(v) Filing of taxes.
(C) Whether or not furniture and appliance are commonly owned by all
members of the household.
(D) Whether or not any children are enrolled in local schools.
(E) Whether or not householders are employed in the local area.
(F) Whether or not the group has been living together as a unit for an
extended period of time, whether in the current dwelling unit or other
dwelling units.
(G) Any other factor reasonably related to whether or not the group of
persons is the functional equivalent of a traditional family.
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(e) In making determinations under this section, the Board of Appeals shall not be
required to consider the matters otherwise normally required in making determinations
(e.g., practical difficulties or unnecessary hardship).
(f) Notwithstanding the provisions elsewhere provided herein, if the following limitations
result in a lesser permitted number of occupants than would be permitted under the
•
definition of family set forth above and the regulations of each zone set forth later in
this Ordinance, the number of occupants, related or otherwise, shall not exceed the
maximum numbers determined on the basis of habitable space of each dwelling unit
as follows:
(1) A minimum of 150 square feet of habitable space for the first occupant; and
(2) 80 square feet of habitable space for each additional person in each dwelling
unit.
In no case shall the enclosed floor area be less than required by other provisions of this
Ordinance or by the New York State Fire Prevention and Building Code.
FRONTAGE - The greater of:
(a) The distance between side lot lines measured along a_public street right of way lines; or
(b) A line parallel to a public street right of way line at the maximum distance specified for
front yard depth.
GARAGE-An enclosed space for the storage of one or more motor vehicles whose use is accessory
to other permitted uses of principal buildings, and not used for business, occupation or services
conducted for profit.
GARAGE, SERVICE AND REPAIR - Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing,
adjusting or equipping of automobiles or other motor vehicles.
GASOLINE SERVICE STATION - Any establishment whose principal use is the servicing of
motor vehicles with fuel, supplies and accessories. It may also include the operation of a service and
repair garage.
GRADE, AVERAGE FINISHED - The average level of the natural surface of the ground or
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surface of the ground after completion of any change in contour abutting any building or structure on
a lot. To the extent the grade slopes down to or away from the building or structure on the premises,
average finished grade shall be measured at a point three feet from the building line.
HEIGHT FROM LOWEST INTERIOR GRADE - As it relates to a building is the vertical
distance measured from the lowest level (floor of a crawl space, basement floor, slab, or other floor,
even if below exterior grade level)in contact with the ground surface to the highest point of the roof,
excluding chimneys, antennae, and other similar protuberances. When the measurement of height
from the lowest interior grade is made from the floor of a cellar the maximum permissible height from
lowest interior grade shall be increased by four feet. This permitted increase shall not apply when the
measurement is from any other floor, including a basement floor or slab.
HEIGHT FROM LOWEST EXTERIOR GRADE - As it relates to a building is the vertical
distance from the lowest point of the exterior finished grade adjacent to the wall of the building to the
highest point of the roof, excluding chimneys, antennae and other similar protuberances.
•
HEIGHT - As it relates to a structure other than a building means the distance measured from the
lowest level or portion of the structure (slab or base) in contact with the ground surface at the average
finished grade to the highest point at the top of the structure..
HOME OCCUPATION - An accessory use which is located on a lot whose primary use is
residential. In particular, a home occupation shall be limited to dressmaking, hairdressing, teaching,
laundering, carpentry, electrical and plumbing work, and similar types of activity, and professional
offices, such as architects, lawyers, realtors, doctors, dentists, engineers and insurance brokers,
operated by the person living on the property and employing not more than two additional people who
are non-residents. A home occupation shall produce no offensive noise, vibration, smoke, dust, odor,
heat,glare or electronic disturbance beyond the property it occupies. The home occupation may not
entail the outdoor storage of materials, equipment, or other items of commerce; nor the uncovered
parking of more than one commercial vehicle. The home occupation shall not generate traffic in any
greater volume than would normally be expected in a residential neighborhood, and any need for
parking generated by the occupation shall be met off the street and in accordance with any other
regulation of this ordinance.
HOSPITAL - An establishment for occupation by the sick or injured for the purposes of medical
treatment. The term "hospital" shall include a sanitarium, clinic, rest home, convalescent home,
nursing home, and any other place for the diagnosis, treatment or other care of human ailments
providing beds for overnight occupation for hire. Hospitals do not, however, include group homes,
or other similar establishments where the principal purpose is overnight accommodations in a home
for persons working generally elsewhere and not in need of daily medical and/or nursing care.
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•
HOTEL, MOTEL, BOARDING HOME - A building or buildings in which overnight
accommodations are provided for transient guests for compensation including bed and breakfasts
where the bed and breakfast is the principal use of the premises.
INDUSTRIAL ESTABLISHMENT - A property or buildings that is used for the purposes of
creating products by the process of manufacturing, assembling, refining, or similar activities.
IMPROVEMENTS - Man-made alterations which cause a physical change to be made to real
property. Such improvements may include, but are not limited to, buildings, structures, public utilities,
roads, sidewalks„ landscaping and buffering, lighting, parkland and recreation equipment, and
monuments.
JUNK YARD - A "junk yard" is
(a) Any place of storage or deposit, whether in connection with another business or not,
where two or more unregistered, old, or secondhand motor vehicles, no longer
intended or in condition for legal use on the public highways, are held, whether for the
purpose of resale or used parts therefrom, for the purpose of reclaiming for use some
or all of the material therein,whether metal, glass, fabric, or otherwise, for the purpose
of disposing of the same or for any other purpose; such terms shall include any place
or storage or deposit for any such purposes of used parts of waste materials from
motor vehicles which, taken together, equal in bulk two or more such vehicles,
provided, however, the term junk yard shall not be construed to mean an establishment
having facilities for processing iron, steel, or non-ferrous scrap and whose principal
lmxluce is scrap iron, steel or non-ferrous scrap for sale for remelting purposes only.
(b) Any lot, land or structure or part thereof, used primarily for the collecting, storage, or
sale of waste paper, rags, scrap metal (other than excluded above) or other scrap or
discarded material or for the collection, dismantling, or storage of machinery for the
resale of same or the sale of parts thereof.
LOT - An area of land in single ownership of record. The term "lot" is synonymous with the term
"parcel".
LOT AREA-An area of land the size of which is determined by the limits of the lot lines bounding
said area and as usually expressed in terms of square feet or acres. For all calculation purposes of lot
area acreage within a highway right of way for streets or roads is excluded.
LOT, CORNER - A parcel of land at the junction of, and fronting on, two or more intersecting
streets or highways.
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LOT COVERAGE - That percentage of lot area covered by a structure or structures.
LOT, INTERIOR - Any lot in any zone having access to a public highway by a driveway or lane
only and having no additional frontage on said highway or other public highways.
LOT LINES - The property boundary of a lot.
LOT DEPTH - The distance between a point on the street line and the rear of the lot measured
perpendicularly from the street line. A lot need meet the minimum depth requirements set forth in this
ordinance at only one point and not uniformly throughout the lot's entire width.
LOT WIDTH - (See frontage)
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 I-Iouse".
MEMBERSHIP CLUB OR LODGE- A structure or premises used exclusively by members of an
organization and their guests:which premises or structures are devoted to recreational or athletic
purposes; not primarily conducted for gain. Such term excludes commercial and merchandising
activities for other than its own membership except for an occasional, intermittent fund raising event
such as a chicken barbecue or the like.
MOBILE HOME - A transportable dwelling unit suitable for year-round occupancy which is
designed and built to be towed on its own chassis, comprised of frame and wheels, and which is
designed to be used as a dwelling unit with or without a permanent foundation when connected to
required utilities. The unit may contain parts which may be folded, collapsed, or telescoped when
being towed and expanded later to provide additional cubic capacity. A mobile home may also be
designed as two or more separately towable components designed to be joined into one integral unit
capable of again being separated into the components for repeated towing. This definition excludes
travel or camping trailers towed by an automobile and neither wider than 8 feet nor longer than 32
feet. Self-propelled motor homes and Modular Houses are also excluded from this definition. A
mobile home shall be considered a one-family dwelling for purposes of determining permitted
occupancy. A mobile home shall be constructed in accordance with all applicable federal and state
codes and requirements, including the requirements of the Federal Manufactured Housing
Construction and Safety Standards Act of 1974 as amended, any similar successor statute, and all
regulations issued under any of such laws.
MOBILE HOME LOT- A parcel of land used for the placement of a single mobile home and the
exclusive use of its occupants. Except where double-wide mobile homes may be permitted by Special
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Permit, a mobile home lot may be located only in a mobile home park as defined by this ordinance.
MOBILE HOME PARK - A parcel of land owned by an individual, partnership, or corporation
which has been planned and improved for the placement of mobile homes.
MODULAR HOUSE - A dwelling unit or units constructed off-site consisting of more than one
segment and designed to be permanently installed on, and anchored to, a foundation to become a fixed
part of the real estate. A modular house is manufactured and certified according to the building code.
MOBILE HOME STAND-That part of an individual mobile home lot which has been reserved and
improved for the placement of the mobile home, appurtenant structures and additions.
NURSERY,HORTICULTURAL- A place where trees or other plants are raised for transplanting
or sale.
PARKING SPACE-The area required for parking one automobile, which in this ordinance is held
to be an area of nine feet wide and twenty feet long, not including passageways, maneuvering area and
access drives.
PERSONAL SERVICE SHOP - A shop catering to personal needs such as barber shop, beauty
parlor, or hairdresser.
PLOT PLAN - A plan of an area of ground and improvements proposed thereon delineated in the
form of a diagram, or map.
ROADSIDE STAND - A small structure, booth, or stall adjacent to a highway principally for the
retail sale of vegetables, fruit, or dairy products to passersby.
SEQR-New York state legislation known generally as the Ncw York State Environmental Quality
Review Act, any successor legislation, and any regulations promulgated thereunder.
SIGN - Any device for visual communication that is used for the purpose of bringing the subject
thereof to the attention of the public, but not including any flag, badge or insignia of any government
or government agency.
SIGN, OFF-PREMISES - Any sign unrelated to a business or profession conducted, or to a
commodity or service sold or offered upon the premises where such is located.
SIGN,ON-PREMISES-Any sign related to a business or profession conducted, or to a commodity
or service sold or offered upon thc premises where said sign is located.
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SPECIAL USE PERMIT or SPECIAL PERMIT - A permit that allows those uses of land or
buildings specifically listed in this Ordinance as being permitted only by special permit, and with the
conditions set out in the granting of such permit.
STREET - A right-of-way or strip of land at least 49 feet wide, dedicated to public use and owned
by a public entity for a primary access to adjacent lands, and whether designated as a highway,
thruway, road, avenue, boulevard, lane, drive, place, circle or otherwise.: ,Where the word "street"
appears, it also means highway or road.
STREET LINE-That line that determines the limit of the right of way of a street, road, or highway.
STRUCTURE-Anything that is constructed or erected on the ground or upon another structure or
building. "Structure" also includes anything that is constructed or erected underground and projects
up to the ground surface or above, or anything that is constructed or erected wholly underground other
than utility lines, septic and water systems, or other similar types of underground construction wholly
ancillary to a principal building or structure on the premises. "Structure" also includes constructed
parking spaces. The term "structure" includes a building.
TAVERN - An establishment devoted to the primary use of selling alcoholic beverages for
consumption on the premises. Food may be served as an incidental use. A bar, grill, saloon, pub,
dance hall or similar establishment shall be considered a tavern.
TOURIST HOME - A dwelling in which overnight accommodations are provided or offered for
transient guests for compensation provided that such use is secondary to the occupancy of the dwelling
by a family. Tourist homes include bed and breakfasts providing that the use is secondary to the
occupancy of the dwelling by a family.
TOWN- The Town of Danby.
•
USE,ACCESSORY -A use customarily incidental and subordinate to the principal use of a structure
or lot and located on the same lot with such principal use of a structure or lot.
USE, AGRICULTURAL - Management of land for agriculture, raising of cows, horses, pigs,
poultry and other livestock, horticulture, aquaculture, silviculture, or orchards, including the sale of
products grown or raised directly on such land, and including the construction, alteration or
maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds.
USE, NON-CONFORMING. A building, structure, lot, or use of land legally existing at the time
of enactment of this ordinance, and which does not conform to the regulations of the zone or zone
in which it is situated.
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USE, PRINCIPAL - The specific purpose for which a lot or a structure is designed, arranged,
intended, or for which it is or may be occupied or maintained. The term "permitted use" or its
equivalent shall not be deemed to include any non-conforming use.
YARD - An open space on the same lot with a building, unoccupied and,unobstructed from the
ground upward except as otherwise permitted in this Ordinance. `t
YARD, FRONT - An open unoccupied space between the front building line and the right-of-way
line of the street and extending the full width of the lot.
YARD, REAR - An open unoccupied space between the rear building line and the rear line of the
lot extending the full width of the lot.
YARD, SIDE - An open unoccupied space between each side building line and the side line of the
lot and extending from the front yard to the rear yard.
61
LOCAL LAW NO. 1 - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY TIIE BOUNDARIES OF SUCH ZONE.
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town
Board on December 11, 1991, and subsequently amended, is further amended as follows:
1. The area described on Schedule A attached is hereby rezoned from Low Density Residential
to Town of Danby Planned Development Zone 2.
2. The area described on Schedule B attached is hereby rezoned from Town of Danby Planned
Development Zone 2 to Low Density Residential.
3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised of a Mobile
Home Park Planned Development and a Residential Planned Development, as shown on a map
approved by the Town Board on March 30, 1994 entitled "General Site Plan: Planned Development
Zone 2, f illview Terrace Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou
Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries of the Mobile
Home Park Planned Development and the Residential Planned Development, and the overall
boundaries of the entire Planned Development Zone 2 are set forth on Schedule C attached.
4. The Zoning Map of the Town of Danby, including the Supplement to the Zoning Map, Page
17, is hereby amended to show the boundaries of Planned Development Zone 2 as set forth in this
local law, which boundaries shall supersede any previous boundaries for such Zone.
5. The Residential Planned Development shall be subject to the following provisions,
notwithstanding any other pertinent zoning or subdivision requirements:
(a) LIMITATION ON NUMBER OF LOTS. There shall be no more than three
residential lots in the Residential Planned Development and the only uses on such lots
shall be as set forth below.
(b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be limited to the
following:
(i) one single-family dwelling unit per lot to be occupied by no more than one family.
(ii) a two-family dwelling provided that
(A) each dwelling unit is occupied by no more than one family; and
(B) one of the two units in the building are occupied by the owner of the
building. For purpose of this ordinance the "owner" is one or more natural
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Local law No. 1
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persons at least 18 years of age who is or are the record owner of at least a
50% interest in the property. Title held in tenants by the entirety or joint
tenants shall be deemed (unless otherwise specifically designated in the deed
or other record) for this purpose to be held in proportion to the number of
joint tenants on the deed (e.g., if there are three persons on the deed as joint
tenants, each is deemed to hold a one-third interest. In that circumstance at
least two of the deed record owners would have to occupy the premises to
qualify the building as being occupied by the owner of the building.)
(c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to those
accessory uses permitted in a Low Density Residential Zone without a special permit
by other terms of this ordinance.
(d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other permitted uses
shall be by special permit and shall be limited to
(i) Nursery Schools, group family day care homes, and day care centers.
(ii) Customary home occupations and professional residential offices where no
external visible evidence of same exists on the site.
(iii) Doublewide mobile homes if the same are permanently mounted on
foundations.
(e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be established
and maintained between the proposed Residential Planned Development and adjacent
properties outside of Planned Development Zone 2.
(f) LOT AREA. The lot area required for the residential lots shall be as shown on the
final site plan which shall substantially conform to the general site plan referred to
above.
(g) OTHER REQUIREMENTS. Yards, signs, height and building area shall be in
conformity with the requirements for same in a Low Density Residential Zone, except
that frontage requirements for each lot shall be as shown on the above-referenced site
plan.
6. The Mobile Home Park Planned Development shall be subject to the provisions of"Section
605-Mobile Home Pads Zone, Town of Danby Zoning Ordinance", as if it were a mobile home park
governed by said section. In addition to the provisions set forth in Section 605, the Mobile I-Iome Park
Planned Development shall be subject to the supplemental provisions set forth below. Where there
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is a conflict on a specific matter between the provisions of Section 605 and the provisions of this local
law, the provisions of this local law shall govern. The supplemental provisions are as follows:
(a) MAXIMUM NUMBER OF MOBILE HOMES.
(i) There shall be no more than 26 mobile homes located within the presently-
existing Hillview Terrace Mobile Home Park.
(ii) There shall be no more than 31 additional mobile homes located elsewhere in
the Mobile Home Park Planned Development, such additional homes to be
located substantially as shown on the above-referenced site plan.
(b) ACCESSORY USES. In addition to the accessory uses permitted by Section 605, the
following accessory uses are permitted:
(i) Structures and facilities for water supply, sewage disposal, and other utilities
as may be necessary for operation of the Mobile Home Park Planned
Development.
(ii) Customary home occupations.
(c) SITE LAYOUT. The construction and location of the mobile homes and all other
structures and facilities shall be as shown on the final site plan approved by the
Planning Board, which final site plan shall be substantially in accord with the above
referenced site general site plan. There will be no change in location of mobile
homes, stands, structures, or other facilities, anywhere in the Mobile Home Park
Planned Development, without approval of a modified final site plan by the Planning
Board. When the Planning Board is of the reasonable opinion that the modified site
plan is a significant deviation from the general site plan referenced above, no modified
site plan shall be approved by the Planning Board until the site plan has been submitted
to, and approved by, the Town Board after public hearing.
(d) INSTALLATION AND STANDS. Mobile homes and their installations shall comply
with pertinent requirements of the New York State Uniform Fire Prevention and
Building Code and its generally accepted standards for mobile homes. Any mobile
homes installed in the Planned Development Zone 2 after the effective date of this
local law shall, in addition, comply with any other requirements contained in this
zoning ordinance or other Town legislation related to installation and stands, except
that no anchoring shall be required of mobile homes installed on the stands in the
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Local law No. 1
1994 = llarde3ty
existing Iiillview Mobile Home Park located along Tammy Drive.
(e) BUFFER YARDS. The normally required 30 foot buffer strip contained in
subdivision 10 of Section 605 shall be increased to a required buffer strip at least 75
feet wide between the Mobile Home Park Planned Development and adjacent
properties outside of Planned Development Zone 2. No structures and no parking
spaces are permitted in the buffer yards, except for utility'structures which are
customary to mobile home park operation. Landscaping as shown on the General Site
Plan shall be installed within one year of the date of final site plan approval. If not so
installed, no further building permits shall be issued for any construction anywhere in
Planned Development Zone 2, or for the siting of any mobile homes in Planned
Development Zone 2 until the required landscaping is installed.
(f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area for
expansion in the Mobile Home Park Planned Development shall be paved with
blacktop, concrete, or other solid material, as shown on the approved final site plan.
The drives and walkways in the already existing mobile home park area of the Mobile
Home Park Planned Development may be constructed of a different surface material,
such as crusher run stone, provided that the surface provides adequate support and
access for emergency vehicles such as ambulances and fire trucks.
(g) STORAGE. No outside storage of equipment or other household materials is
permitted, nor is any such storage underneath the mobile homes permitted. The
mobile home owner may erect a secure storage structure on a lot subject to the
minimum setback requirements shown on the "Typical Lot Layout" provided with the
above-referenced general site plan, subject to any pertinent building code
requirements.
(h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and refuse
are provided for the convenience of several home owners, such areas shall be secure
from animals and the elements and of suitable size, and shall be screened from public
view by landscaping or fencing in accordance with Section 605 of this zoning
ordinance.
(i) SIGNS. A sign identifying the mobile home park area is permitted at each park
entrance. No such sign shall exceed 50 square feet in size.
(j) BUILDING PERMITS. A building permit shall be required for each mobile home
and, except as exempted by Section 1101 of the Zoning Ordinance, for all accessory
buildings and other structures.
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Local Law No. 1
1994 = Hardesty
(k) SITE PLAN APPROVALS. No building permit shall be issued for a structure within
the Mobile Home Park Planned Development unless the proposed structure is in
accordance with a site plan approved pursuant to the provisions of this Ordinance and
approved by the Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the Town Board,
following Planning Board review. No alteration, amendment, or change in the Final
Site Plan as approved by the Planning Board is permitted without further approval by
the Planning Board (except as provided in the Zoning Ordinance relative to
modifications to site plans).
(1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing, there shall
be no new construction in the proposed Mobile Home Park Planned Development
except for the construction of park access drives and utilities until the applicant has
complied with all applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the water supply and
sewage disposal systems needed for the existing and the expanded mobile home park
have no adverse impact on the quantity or quality of water supplies of existing
residences adjoining the site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board.
Section 2. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
Section 3. This law shall take effect 20 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.
66
1.
Local Law No. 1
1994 = Hardesty
SCHEDULE A
Description of lands being rezoned from Low Density Residential to Planned Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of beginning is
approximately 1180 feet south along South Danby Road from its intersection with the centerline of
Route 9613 and which point of beginning is in the northeast corner of premises reputedly owned by
Hardesty(tax parcel 20-14.5)and formerly owned by Floyd and Marian Hoover and known generally
as 50 South Danby Road; running thence south along the centerline of South Danby Road
approximately 110 feet to the southeast corner of Lot 3 as shown on the General Site Plan referred
to in this local law,running thence west along the south line of said Lot 3 a distance of approximately
215 feet to the intersection of said Lot line with the centerline of a drainage stream; running then
northeasterly along said drainage stream and along a culvert to the point or place of beginning.
•
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Local Law No. 1
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SCHEDULE B
Description of lands being rezoned from Planned Development Zone 2 to Low Density Residential:
Parcel 1:
Commencing at a point in the southwest corner of premises reputedly owned by Hardesty (tax parcel
20-1-4.5)and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby
Road, which point of beginning is approximately 625 feet west of a point in the centerline of South
Danby Road which point is located approximately 1690 feet south along the centerline of South
Danby Road from its intersection with the centerline of Route 96B; running thence from said point
of beginning north 30 degrees 25' east along a westerly line of said Hardesty premises 135.5 feet;
mining thence north 64 degrees 57' east approximately 430 feet to the south line of Lot 3 as shown
on the General Site Plan referred to in this local law; running thence westerly along the south line of
Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence southerly along the
extended west line of Lot 3 approximately 400 feet to the point or place of beginning.
Parcel 2:
Commencing at the same point of beginning as Parcel 1 above, running thence easterly along the south
line of said Hardesty property 625 feet to centerline South Danby Road; running thence south along
said centerline 40 feet; running thence westerly parallel to the first course above approximately 625
feet; running thence northerly 40 feet to the point of beginning.
The above descriptions are based, in part, upon a survey map entitled "Survey Map of a Dwelling at
50 South Danby Rd." prepared by Howard R. Schlieder dated October 17, 1986.
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Local Law No. 1
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SCHEDULE C
Description of Mobile Home Park Planned Development:
Commencing at a point in the centerline of South Danby Road, which;point of beginning is
approximately 790 feet south along South Danby Road from its intersection with the centerline of
Route 9613 and which point of beginning is in the southeast corner of premises reputedly owned by
Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road
approximately 220 feet;running thence westerly, and substantially parallel to Tammy Drive a distance
of approximately 585 feet to a point; running thence south along the west line of Lot 3 and premises
of Hardesty as shown on the General Plan referred to above approximately 720 feet; running thence
west along the north line of Lot 2 approximately 470 feet to a point; running thence south along a west
Tine of Lot 2 approximately 130 feet to a point; running thence west along a line of Lot 2 a distance
of approximately 50 feet to a point; running thence north, in part along premises reputedly of Van De
Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874
feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running thence east
along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along
Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along
the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by
Newton(tax parcel 20-1-6);running thence southerly along Newton's west line approximately 278 feet
to a point in the north line of premises reputedly owned by Tierney; running thence west along
Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along
Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along
Tierney's south line approximately 274 feet to the place of beginning.
Description of Residential Planned Development:
Parcel 1:
Commencing at a point in the centerline of South Danby Road, which point is located approximately
1010 feet south from its intersection with the centerline of Route 9613 and which point of beginning
is at the end of the first course in the above description of the Mobile Home Park Planned
Development;running thence south along the centerline of South Danby Road approximately 170 feet
to a point which is the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-
4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to
the southeasterly corner of Lot 3 as shown on the General Plan referred to above; running thence
westerly along the south line of Lot 3 a distance of approximately 595 feet to the southwesterly corner
of Lot 3;running thence northerly a distance of approximately 280 feet to the northwest corner of Lot
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Local law No. 1
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3; running thence easterly a distance of approximately 585 feet to the place of beginning.
Parcel 2:
Commencing at a point in the centerline of South Danby Road, which point of beginning is located
approximately 1730 feet south of the intersection of said centerline with the centerline of Route 96B,
which point of beginning is 80 feet north along said centerline from the northeast corner of premises
reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline
approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north
Tine approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly
along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south
line of Lot 1 as shown on said General Plan a distance of approximately 575 feet to the west line of
the premises owned by Hardesty(tax parcel 20-1-4.2); running thence northerly along the west line
of Lot 2 as shown on said Plan approximately 550 feet to a point; running thence easterly
approximately 50 feet; running thence northerly approximately 130 feet; running thence easterly in
part along the south line of the Mobile Home Park Planned Area a distance of approximately 1095
feet to the point or place of beginning.
Description of Planned Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of beginning is
approximately 790 feet south along South Danby Road from its intersection with the centerline of
Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by
Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road
approximately 220 feet; continuing thence south along the centerline of South Danby Road
approximately 170 feet to the northeast corner of premises reputedly owned by Hardesty (tax parcel
20-14.5);thence running southerly along the centerline of South Danby Road approximately 110 feet
to the southeast corner of Lot 3 as shown on said General Plan; running thence westerly along the
south line of Lot 3 approximately 595 feet; thence running southerly 400 feet to the southwest corner
of said Hardesty parcel; running thence south along the west line or extended west line of said
Hardesty parcel approximately 40 feet to a point; running thence cast a distance of approximately 625
feet to the centerline of South Danby Road which point is approximately 80 feet north along said
centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3);
running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich;
running thence west along Dietrich's north line approximately 455 feet to the northwest corner of
Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a
point;running thence westerly along the south line of Lot 1 as shown on said General Plan a distance
of approximately 575 feet;running thence northerly along the west line of Lot 2 as shown on said Plan
approximately 550 feet to a point; continuing thence north, in part along premises reputedly of Van
De Bogart(tax parcel 20-1-1.2)and Wright (tax parcel 20-1-3) a total distance of approximately 1874
feet to the south line of premises reputedly of Shenvood (tax parcel 20-1-4.1); running thence east
70
•
Local Low No. 1
1994 = Hardesty
along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along
Sherwood's east line approximately 161 feet to the south line of Route 9613; running thence east along
the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by
Newton(tax parcel 20-1-6);naming thence southerly along Newton's west line approximately 278 feet
to a point in the north line of premises reputedly owned by Tierney; running thence west along
Tiemeys north line approximately 100 feet to Tierney's northwest corner; running thence south along
Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along
Tierney's south line 274 feet to the place of beginning.
71
._,,,,..,.•--. •• •%.,g7.. i1.- •.f..' •
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. .
Local Law No. 2
1994 - Laurenson
TOWN OF DANBY
LOCAL LAW NO. 2 OF 1994
A LOCAL LAW TO AMEND TIIE ZONING ORDINANCE TO ESTABLISH A
PLANNED DEVELOPMENT ZONE COMPRISED OF A PORTION OF TOWN OF
DANBY TAX PARCEL NO. 13.-1-8. LOCATED ON THE NORTH SIDE OF DANBY
ROAD EAST OF SOUTH DANDY ROAD
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town
Board on December 11, 1991, and subsequently amended, is further amended as follows:
1. Town of Danby Planned Development Zone 16 is hereby established, and shall be comprised
of an 6.92+1-acre parcel to be subdivided out of Town of Danby Tax Parcel No. 13.-1-8 to contain
a proposed new 4-unit dwelling, as shown on the following: three (3) maps approved by the Town
Board on July 13, 1994 entitled "General Site Plans 'A', 'B', and 'C': Proposed Planned Development
Zone, Danby Road, Owner: Rudy Laurenson," dated March 16, 1994, revised June 29, 1994; and
a drawing entitled "Proposed 4-unit Dwelling, Rudy Laurenson, Danby Rd.," dated February 4, 1994.
2. The area described on Schedule A attached is hereby rezoned from Town of Danby Low
Density Residential Zone to Planned Development Zone 16.
3. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby
amended to show the location and boundaries of Planned Development Zone 16 as set forth in this
local law.
4. Planned Development Zone 16 shall be subject to the following provisions, notwithstanding
any other pertinent zoning;'subdivision, or other regulatory requirements:
(a) There shall be no more than four dwelling units nor more than two lots in the Planned
Development Zone.
(b) Permitted principal, accessory and special permit uses shall be the same as those
permitted in a Low Density Residential Zone, except that an additional permitted use
shall be one four-unit multiple dwelling.
(c) Yards, signs, height, and building area shall be in conformity with the requirements for
same in a Low Density Residential Zone.
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Local law No. 2
1994 - Laurenson
(d) The construction and location of the proposed 4-unit multiple dwelling shall be as
shown on the final site plans approved by the Planning Board, which final site plans
shall be substantially in accord with the above referenced "General Site Plan 'A', and
with either "General Site Plan 'B' or "'C' . No alteration, amendment, or change in
the Final Site Plans as approved by the Planning Board is permitted without further
approval by the Planning Board, except as provided in the Zoning Ordinance relative
to modifications to site plans. When the Planning Board is of the reasonable opinion
that the modified site plan or plans are a significant deviation from the general site
plans referenced above, no modified site plan or plans shall be approved by the
Planning Board until the site plan or plans have been submitted to, and approved by,
the Town Board after public hearing.
(e) Building permit requirements and exemptions shall be as provided for Low Density
Zones. No building permit for any dwelling in the Planned Development Zone shall
be issued unless the site for,such dwelling has been properly subdivided.
(t) A minimum of two parking spaces per dwelling unit shall be provided for the four-unit
multiple dwelling.
(g) A buffer yard 50 feet deep from the boundaries of the Planned Development Zone
shall be established and maintained within said Zone. No above-ground structures or
parking spaces, except for necessary utilities, shall be permitted within said buffer yard.
(h) The access drive to the proposed 4-unit multiple dwelling may be constructed of
crusher run stone, or may be paved with blacktop, concrete, or other solid material,
as shown on the approved final site plan, provided that the surface reasonably provides
adequate support and access for emergency vehicles such as ambulances and fire
trucks.
(i) A collection area or areas for waste and refuse shall be provided for the convenience
of the residents of the proposed multiple dwelling, shall be secure from animals and
the elements and of suitable size, and shall be screened from public view by
landscaping or fencing.
Section 2. Where there is a conflict on a specific matter between the provisions of Section 603,
"Commercial Target Area" and the provisions of this local law, the provisions of this local law shall
govern.
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Local Lew No. 2
1994 - Laurenson
Section 3. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
Section 4. This law shall take effect 20 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.
SCHEDULE A
Description of lands being rezoned from Low Density Residential Zone to Planned Development Zone
16:
Commencing at a point which is the intersection of the centerlines of N.Y.S. Route 96B (a/k/a/Ithaca
Road) and South Danby Road;
Running thence northerly to an iron pin, which pin marks the southwest corner of premises owned
by Rudy Laurenson and the southeast corner of premises reputedly owned by Chris Muka;
Running thence North 14 degrees, 52 minutes, 10 seconds East a distance of 885.43 feet to a point
which marks the northwest corner of premises owned by Rudy Laurenson and the southeast corner
of premises reputedly owned by Daniel and Gail Sullivan;
Running thence South 75 degrees, 37 minutes, 50 seconds East to a point which marks the northeast
corner of premises owned by Rudy Laurenson and a corner of premises reputedly owned by Daniel
and Gail Sullivan;
Running thence South 13 degrees, 7 minutes, 25 seconds West a distance of 849.59 feet to an iron
Pin;
Running thence South 35 degrees, 8 minutes, 5 seconds West a distance of 86.67 feet to an iron pin;
Running thence South 25 degrees, 26 minutes, 15 seconds West a distance of 30 feet to an iron pin;
Running thence southwesterly a distance of approximately 40 feet to the centerline of N.Y.S. Route
96-B;
Running thence northwesterly along the centerline of N.Y.S. Route 96-B a distance of approximately
74
Local Law No. 2
1994 - Laurenson
270 feet to the intersection of the centerlines of N.Y.S. Route 96-B and South Danby Road, being
the point of beginning.
Reference is made to a map entitled "Map of Survey, Lands of Rudy Laurenson, Town of Danby,
Tompkins County, New York, made by Robert S. Russler, Jr., dated April 27, 1994, revised May 4,
1994, a copy of which is filed in the Tompkins County Clerk's Office in Drawer AA, Page 82.
75
1 Town of Danby
LocalLawNo.2 of 1993
TOWN OF DANBY
LOCAL LAW NO. 2 OF 1995
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO
ESTABLISH A PLANNED DEVELOPMENT ZONE
COMPRISED OF A PORTION OF TOWN OF DANBY TAX
PARCEL NO. 14.-1-4.2, LOCATED ON TIIE WEST SIDE OF
MICHIGAN IIOLLOW ROAD
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the
Town Board on December 11, 1991, and subsequently amended, is further amended
as follows:
•
1. Town ofDanbyPlanned Development Zone 17 is hereby established, and shall be comprised
ofan 8+1- acre parcel to be subdivided out of Town of Danby Tax Parcel No. 14.-1-4.2, located on
the west side of Michigan Hollow Road and currently owned by Donald W. Barnes, to contain a
proposed new far-unit dwelling, as shown on a map entitled"Proposed Planned Development Zone,"
by Don Barnes, dated 7/13/95, revised 10/31/95, which map is referenced as the general site plan
herein.
2. The area described in Schedule A attached is hereby rezoned front Town of Danby Low
Density Residential Zone to Planned Development Zone 17.
3. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby
amended to show the location and boundaries of Planned Development Zone 17 as set forth in this
local law.
4. Planned Development Zone 17 shall be subject to the following provisions, notwithstanding
any other pertinent zoning, subdivision, or other regulatory requirements:
(a) There shall be no more than four dwelling units within the Planned Development
Zone.
(b) The only permitted principal use and building is one building containing four dwelling
units. Permitted accessory buildings and uses shall be the same as those permitted in
a Low Density Residential Zone.
(c) Yards,signs,height,and building area shall be in conformity with the requirements for
same in a Low Density Residential Zone.
(d) The construction and location of the proposed 4-unit multiple dwelling shall be as
shown on the final site plans approved by the Planning Board, which final site plans
shall be substantially in accord with the general site plan referred to above. No
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•
2 Town of Danby
Local Law N o.2 of 1995
alteration, amendment, or change in the final site plans as approved by this Planning
Board shall be permitted without further approval by the Planning Board, except as
provided in the Zoning Ordinance relative to modifications to site plans.
(e) Final site plan review and approval by the Planning Board shall include, in addition to
the requirements set forth in the Zoning Ordinance, the review and approval of the
general construction plans for the exterior facade and elevations of the proposed four-
unit building. In the review of such plans, the Planning Board shall find that the
exterior design of the building reasonably appears to look like a two-unit dwelling.
(f) A minimum of two parking spaces per dwelling unit shall be provided for the four-
unit dwelling.
(g) A buffer yard with a minimum depth of 50 feet from the boundaries of the Planned
Development Zone shall be maintained within said Zone. No above-ground structures
or parking spaces,except for necessary utilities and minor accessory structures for the
collection of domestic waste and refuse, shall be permitted within said buffer yard.
(h) The access drive to the proposed 4-unit multiple dwelling may be constructed of
crusher run stone or similar material, or may be paved with blacktop or other solid
material, provided that the surface reasonably provides adequate support and access
for emergency vehicles such as ambulances and fire trucks.
(I) A collection area or areas for waste and refuse shall be provided for the convenience
ofthe residents of the proposed multiple dwelling, shall be secure from animals and
the elements and of suitable size, and shall be screened from public view by
landscaping or fencing.
(j) There shall be no outside storage of equipment, supplies, debris, or any other
substances, except for the parking of fully licensed and operable motor vehicles used
by occupants for transportation.
(k) Building permit requirements and exemptions shall be as provided for Low Density
Residential Zones. If there has been any construction on the 2-acre lot adjacent to the
Planned Development Zone on the southeast, no building permit for any dwelling in
the Planned Development Zone shall be issued unless the site for such dwelling has
been properly subdivided.
Section 2. Where there is a conflict on a specific matter between the provisions of Section
603,"Co mercial Target Area" and the provisions of this local law, the provisions of this local law
shall govern.
5cction 3. In the event that any portion of this law is declared invalid by a court of
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3 Town of Danby
Local LawNo.2 of 1995
competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration
of validity.
Section 4. This law take effect 20 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.
SCHEDULE A
Description ofla ds being rezoned from Low Density Residential Zone to Planned Development Zone
17;
Commencing at a point at the western edge of the Michigan I Iollow Road right of way, which point
is the northeast corner of property owned by Donald Barnes,Town of Danby Tax Parcel No. 14.-1-
4.2 and which is the southeast corner of property owned by Mark lacovelli, Town of Danby Tax
parcel No. 14.-1-4.32;
Running thence North 85 degrees, 16 minutes, 10 seconds West a distance of 879 feet to a point
which is the northwest corner of the aforementioned property owned by Donald Barnes and the
southwest corner of the aforementioned,property owned by Donald Barnes and the southwest corner
of the aforementioned property owned.by Mark Iacovelli;
Running thence South 3 degrees, 24 minutes, 0 seconds West a distance of 461 feet to a point which
is the southwest corner of the aforementioned property owned by Donald Barnes and which is the
northwest corner of property owned by Michael and Eloise Greene, Town of Danby Tax Parcel No.
14.-1-4.1;
Running thence South 85 degrees, 16 minutes, 10 seconds East a distance of 370 feet along the
southern property line of the aforementioned property owned by Donald Barnes and the northern
property line of the aforementioned property owned by Michael and Eloise Greene;
Running thence North 3 degrees, 24 minutes, 0 seconds East a distance of 155 feet;
Running thence south 85 degrees, 16 minutes, 10 seconds East a distance of 539 feet to the western
edge of the Michigan Hollow Road right of way;
Running thence northerly along the western edge of the Michigan Hollow road right of way line a
distance of approximately 310 feet to the point of beginning.
Reference is made to a map entitled"Proposed Planned Development Zone," by Don Barnes, dated
7/13/95, revised 10/31/95.
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TOWN OF DANBY
LOCAL LAW NO. 1 OF 1996
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO MODIFY THE BOUN-
DARIES AND ESTABLISH A MODIFIED GENERAL SITE PLAN FOR PLANNED
DEVELOPMENT ZONE NO. 10, COMPRISED OF A PORTION OF TOWN OF
DANBY TAX PARCEL NO. 9.-1-9.12,LOCATED ON THE SOUTH SIDE OF
GUNDERMAN ROAD WEST OF COMFORT ROAD
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and readopted by the
Town Board on December 11, 1991, and subsequently amended, is further amended as follows:
1. Town of Danby Planned Development Zone 10 is hereby amended in size to a total of 5
acres land area, as described in Schedule A attached, whereby an area measuring 400 feet wide in
an east-west direction by 144.5 feet deep in a north-south direction along the south boundary of
the present Planned Development Zone 10 is rezoned from Low Density Residential Zone to
become a portion of Planned Development Zone 10.
2. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are
hereby amended to show the location and boundaries of Planned Development Zone 10 as set
forth in this local law.
3. Planned Development Zone 10 shall be subject to the following provisions,
notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements:
(a) The business conducted on the premises shall be limited to a clothing
manufacturing business, and shall not include any retail sales of the manufactured
product, unless a Special Permit for such retail sales is obtained from the Planning
Board.
(b) The initial construction and location of the proposed building addition, parking
areas, and driveways shall be as shown on the final site plan approved by the
Planning Board, which final site plan shall be substantially in accord with the
general site plan entitled "Phase 1 Site Plan of Expanded Planned Development
Zone 10, Angelheart Designs, 303 Gunderman Road, Spencer,N.Y. 14883 (Town
of Danby)," by Schickel Architecture, dated May 10, 1996, with revision to title
only dated May 31, 1996, and, if the applicant wishes to further expand the facility,
any further expansion shall be in accordance with"Phase 2 Site Plan of Expanded
Planned Development Zone 10 showing Future Building Addition,Angelheart
Designs, 303 Gunderman Road, Spencer,New York, 14883 (Town of Danby),"
by Schickel Architecture, dated May 13, 1996, with revision to title only dated May
31, 1996. No other alteration, amendment, or change in the final site plans as
approved by the Planning Board is permitted, without further approval by the
Planning Board, except as provided in the Zoning Ordinance relative to modifica-
tions to site plans. When the Planning Board is of the reasonable opinion that the
modified site plan or plans are a significant deviation from the general site plans
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Town of Danby
Local Law No. 1 of 1996
referenced above, no modified site plan or plans shall be approved by the Planning
Board until the site plan or plans have been submitted to, and approved by,the
Town Board after public hearing.
(c) Notwithstanding any other provisions of the Zoning Ordinance or this Local Law,
there will be no further modification or exterior construction involving the sewing
room or the deck which are located on the western side of the existing building,
except for replacement of the existing stairs, without approval by the Planning
Board, and, to the extent necessary, the grant of any required variances by the
Board of Zoning Appeals. Notwithstanding the foregoing, if no variance for the
continued maintenance of the sewing room, deck, and stairs is granted by the
Board of Zoning Appeals by October 1, 1996, exterior construction will be
permitted to the extent necessary to bring the western side yard setback into
conformance with the Zoning Ordinance. In no event shall the deck be enclosed.
(d) Any consideration by the Planning Board of final site plan approval for the "future
addition" shown on the map entitled"Phase 2 Site Plan of Expanded Planned
Development Zone 10 showing Future Building Addition,Angelheart Designs, 303
Gunderman Road, Spencer,New York, 14883 (Town of Danby)," by Schickel
Architecture, dated May 13, 1996, with revision to title only dated May 31, 1996,
shall be accompanied by a Public Hearing.
(e) The existing residence within the Zone shall remain as a single-family dwelling, and
no additional dwelling units shall be permitted within the Planned Development
Zone without further Town Board approval.
(f) Yards, sips, height, and building area shall be in conformity with the requirements
for same in a Commercial Zone. That portion of the existing building that has a
side yard width of 13+/- feet from the west property line, as shown on the
aforementioned general site plans, must be brought into conformance with said
requirements by October 1, 1996 unless a variance from the required 25-foot side
yard width is obtained from the Board of Zoning Appeals.
(g) No parking for the facility shall be permitted on Gunderman Road.
(h) The land within Planned Development Zone 10 shall not be subdivided.
Section 2. This local law supersedes any prior resolutions of the Town Board related to the
subject Planned Development Zone.
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Town of Danby
Local Law No. 1 of 1996
Section 3. Where there is a conflict on a specific matter between the provisions of Section
603, "Commercial Target Area" and the provisions of this local law, the provisions of this local
law shall govern.
Section 4. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions of shall not be affected by such declaration of
invalidity.
Section 5. This 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.
SCHEDULE A
Description of lands being rezoned from Low Density Residential Zone to become a portion of
Planned Development Zone 10:
Commencing at a point on the west boundary of Town of Danby Tax Parcel No. 9.-1-9.12, which
point is 425 feet southerly from the centerline of Gundennan Road;
Running thence southerly along the west boundary of the above Tax Parcel a distance of 144.5
feet;
Running thence easterly and parallel to the centerline of Gunderman Road a distance of 400 feet
to a point;
Running thence northerly and parallel to the west boundary of the above Tax Parcel a distance of
144.5 feet to a point;
Running thence westerly and parallel to the centerline of Gunderman Road a distance of 400 feet
to the point of beginning.
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