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Home My WebLink About1988 LL 17 - 1988 Enlarge Buffers & Landscaping in Various Zones (Please Use this Fonn for Filing your Local Law with tl►e Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Townirof................................Ithaca.......................................................................... LocalLaw No..............»1,7.........».»..............»...»..of the year 19$$..... Alocallaw.»AMENDING THE TOWN OF ITHACA ZONING ORDINANCE AMENDING ........................................................................................................................................... Um.nilno) AND ENLARGING THE REQUIREMENTS FOR BUFFER AREAS AND LANDSCAPING, FENCING AND SCREENING IN VARIOUS ZONES IN THE TOWN Be it enacted by the ..................».........» Town„Board.... »...»....»....»....»...........,»..................of the (none of i.q►.itliwe Dudrf" , of.................................. .............»Ithaca ...... as follows: Town .....................................»..........»....».......................». The Zoning ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article VI, Section 29 is amended by renumbering subparagraph 5 of said section to subparagraph 7 and inserting two new subparagraphs, to be subparagraphs 5 and 6 reading as follows: 115. Buffer Areas. No structure shall be placed nearer than 30 feet from any other district including any other residence district, agricultural district, industrial district, or business district. A strip at least 10 feet wide, within such buffer area, shall be suitably planted to screen a multiple residence district from present or future residences, or a suitable screening fence shall be erected." "6. Landscaping, Fencing and Screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided in any area where the proposed multiple residence development or accessory facilities would create a hazardous condition or would detract from the value of the neighboring property if such landscaping, fencing, screening or berm were not provided." M`(If additional space is needed,please attach sheets of the same size as this and number each)' Page 1 Pr 2. Article VII, Section 38, is amended by deleting subparagraphs 5 and 6 and inserting new subparagraphs 5 and 6 to read as follows: 115. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet frau any residence district and 30 feet from any other district. A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Business District from present or future residences, or a suitable screening fence shall be erected. No waste or refuse shall be placed outside any building in a Business District except under the following conditions: 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 frau the public view. Such area and receptacles shall not be located in the buffer area set forth above. No refuse shall be burned on the premises." 116. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided in any area where the 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." 3. Article VIII, Section 45, is amended by deleting the existing subparagraphs 5 and 6 and inserting two new subparagraphs, to be subparagraphs 5 and 6 reading as follows: "5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet frau any residence district or nearer than 30 feet from any other district. A strip at least 10 feet wide within such buffer area shall be planted or suitably fenced so as to screen the light industrial district frau present or future residences. 116. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided in any area where the proposed structure or use would create a hazardous condition or would detract from the value of the neighboring property if such landscaping, fencing, screening, or berm were not provided." 4. Article X, Section 50, is amended by deleting subparagraphs 5 and 6 and inserting two new subparagraphs, to be subparagraphs 5 and 6 reading as follows: "5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any residence district or nearer than 30 feet from any other district. A strip at least 10 feet wide within such buffer area shall be planted or suitably fenced so as to screen the Industrial District from present or future residences." "6. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided in any area where the proposed structure or use would create a hazardous condition or would detract from the value of Page la.- neighboring property if such landscaping, fencing, screening, or berm were not provided." 5. In the event any portion of this law is declared invalid by a court of canpetent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 6. This law shall take effect 10 days after its publication pursuant to applicable provisions of law. o � Page lb i �r��t•�, (Complete the certification in tiro paeagro'16 it li }0Il 'tq,tile tiling at this local law and strike out the matter therein which is not applieable.1 1. (Final adoption by local legislative body Only.) 1 hereby certify that the local law annexed hereto,designated as local law No. ....H........If 198$.... of the anof.. ..........Ithaca was duly passed by the....................Town. Board. ............................................................. Town (Name of Leglotative Body) December 1288 on..................................t............19,....... to accordance with tile app![cable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer," or repassage after disapproval.) I hereby certify that the local law annexed hereto,designated as local law No.....................of 19........ County of the City of......................................was dulysassed b the '['own by " (Name of Legislative Body} Village not disapproved on.................................................19........ and was approved by the...EII.c.t.i.ve.......Ch(.,.e.l..Et..,.ecue......ttva ONl.... il-icar......... repassed after disapproval Elec " and was deemed duly ndopted on........................................................19....,..., in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County of the City .of ..............................................................was duly passed by the................ .. . ...... .. . ..... Town (Nams of t,eglaletive Dody} Village not disapproved on...................................................19........ and was approved by the. .-„..,.a.. .e....*........ repassed after disapproval ...... ........... . .... . Etecttve Chtei 1Hxecuttve Officer On......................................................................19........ Such local law was subtuitted to the people by reason of a mandatory referenduni,and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on................................................:.....19........, in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendunu,and final adoption because no valid potltion filed requesting referendum.) hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County City ► on of the ., of...............:......................was duly passed by tile................................................................................ I own (Name of Legislative ilodr) Village not disapproved 19........ and Was approved by the.........................................................on '•”'••••••'•'•"•""$""'^"""""""""""" Elective Chief Executive Officer* repassed alter disapprovab ....................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed,said local law was deemed duly adopted on ........................................................19........, in accordance with the applicable provisions of law. •Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, when such officer Is vested with power to AOrove of veto local laws or ordinances. Page 2 i. 5. (City local law cfucerning Charter revisinu pr•oposvii i►y petition.) 1 hereby certify that the local lair annexed herefo,designated as local law No.....................of 19........ of the City of..........................................................................having been submitted to referendum pursuant to the provisions of §3z of the Municipal Hume Rule Low,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special election held on..................... general ................19............became operative. 6. (Courtly local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto.designated as Local Law No..,....of 19......of the County of ................................. State of New York, having been submitted to the Electors at the General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal home Rule Law,and having received the affirmative vote of a majority of tine qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative, (it any other authorized form of final adoption has beer, followed, please provide an appropriate certification,) ` I further certify that I have compared the preceding local law with lite original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph..........1................ above. Town Clerk m Date: December 14, 1988 (Seal) (Certification to he executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OR NEW YORK COUNTY OF....T MPMas....I........ 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. .......... .:�:...... ..4�::: ':....... sipat—John C. Barney Town Attorney ........ .. . . ............... ��}} T111e Date: net t`lp, �r t Ll' yy WIthaca. ......................:............. Townof........................... Page 3