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HomeMy WebLinkAbout1988 LL 18 - Setback & Yard Requirements in Various Zones (Please Use this Form for Filing your focal Law witit the Secretary of State) Text of law should be given as amended. Do not include tuatter being eliminated and do not use italics or underlining to indicate new matter. Ithaca Town Wof.......................... ......................................................................................... Local Law No..........:............18 ......of the year 19»...8$. AMENDING THE TOWN OF ITHACA ZONING ORDINANCE IN RELATION Alocal law•..................................................................................................... »...............................»......................................,,. TO SETBACK AND YARD REQUIREMENTS IN VARIOUS ZONES IN THE TOWN Town Board Be it enacted by the . of the {N«na oI iwtt�btit�podr} i irof. ...........................................................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 I, Section, 1, is hereby amended by adding a new subparagraph to be subparagraph 4-a reading as follows: "4-a. The 'depth' of a lot shall mean 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." 2. Article III, Section 7, is amended by deleting the paragraph entitled "Side Yards" and adding the following two paragraphs in its place: "Side Yards - each not less than ten feet in width, except that in one of the side yards a one story garage, either attached to the principal building or separate therefrom, may be 7 feet from a side line which is not a street line. Notwithstanding the foregoing, if a rectangle 75 feet in width 'a (if additional space is needed,please attach sheets of the same size as this and number each)'" r i Page 1 and 120 feet in depth cannot be contained within the boundaries of a lot, the minimum rear yard shall be increased to 50 feet in depth and the minimum side yards shall be increased on each side by 10 feet." 3. Article III, Section 9, is amended to read as follows: "SECTION 9. Size and Area of Lot. Lot sizes and areas in Residence District R9 shall meet the following minimum 1 requirements: J 1. Minimum lot area shall be at least 9,000 square feet; and 2. Minimum width at the street line shall be 60 feet; and 3. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 75 feet; and 4. Minimum depth shall be 120 feet." 4. Article IV, Section 14, is amended by deleting the paragraph entitled "Side Yards" and inserting instead the following two paragraphs: "Side Yards - each not less than 15 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 10 feet from a side line which is not a street line. Notwithstanding the foregoing, if a rectangle 100 feet in width and 150 feet in depth cannot be contained within the boundaries of a lot, the minimum rear yard shall be increased to 50 feet in depth and the minimum side yards shall be increased on each side by 10 feet." 5. Article IV, Section 16, is amended to read as follows: "SECTION 16. Size of Lot. Lots in Residence Districts R15 shall meet the following minimum requirements: 1. Minimum lot area shall be at least 15,000 square feet; and 2. Minimum width at the street line shall be 60 feet; and 3. Minimum width at the maximum front yard setback line (50 feet frau the street line) shall be 100 feet; and 4. Minimum depth shall be 150 feet." 6. Article V, Section 21, is amended by deleting the paragraph entitled "Side Yards" and inserting instead the following two paragraphs: "Side Yards - each not less than 40 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. Notwithstanding the foregoing, if a rectangle 150 feet in width Page la and 200 feet in depth cannot be contained within the boundaries of a lot, the minimum rear yard shall be increased to 75 feet in depth and the minimum side yards shall be increased on each side by 10 feet." 7. Article V, Section 23, is amended to read as follows: "SECTION 23. Size of Lot. Lots in Residence Districts R30 shall meet the following minimum requirements: 1. Minimum lot area shall be at least 30,000 square feet; and 2. Minimum width at the street line shall be 100 feet; and 3. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 150 feet; and 4. Minimum depth from the highway right of way shall be 200 feet." 8. Article VI, Section 28, Subdivision 2 is amended to read as follows: "2. Yards and Courts. Front Yards - Not less than fifty feet. Side Yards - Not less than the height of the nearest structure, or fifteen feet, whichever is greater. Rear Yards - Not less than twice the height of the nearest structure or thirty feet, whichever is greater. Courts - Shall be completely open on one side, with a width not less than the height of the tallest opposite structure and a depth not more than one and one-half the width." 9. Article VI, Subdivision 3, Section 28 is hereby amended to read as follows: "3. Spaces Between Buildings: The distance between any two structures shall be no less than the height of the two buildings when averaged together, or twenty feet, whichever is greater." 10. Article XIII, Section 72, is amended by adding at the end thereof the following: "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, the requirements of such Department or successor shall govern." c I 11. 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. Page lb 12. This law shall take effect ten days after its publication, pursuant to applicable provisions of law. Page lc (Complete the certification in the puragraphwhich applies to thofiIing of thisloeul law and strike out the matter therein which Is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto,designated as local law No. M...........If 198 ... of the ., of........DthKia ..was duly passed by the..........,TownP-Ar j:............... 1 UWI► (Name of Legislative Body) December 12 8$ Ip p on...................................'............,19........ in accordance with the applicable licable revisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer," or repassage after disapproval.) 1 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 (Name of Legislative Body) Village not disapproved on..................................................19........ and was approved by the....................,..,....,.......................... ,repassed after disapproval Elective Ghia(ExaeuUra Otlicer and was deemed duly adopted 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 Town of....................... ..........was duly passed by the...................(Nemsof Legialetl .. .................,...... va Hody) .. Village not disapproved on................ .............................19........ and was approved by the............................................................... repassed after disapproval Elective Chief rpxecutivs Officer a on......................................................................19........ Such local law was submitted to the people by reason of a mandatory referendum,and received the affirmative vote of a imnjority of the qualified electors voting permissive general thereon at the special election held on......................................................19........, in accordance with the appli- annual cable provisions of low. 4. (Subject to permissive referendum►,and final adoption because 'to vulid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto,desiguatedas local law No.................. of 19.......... County CityI......................was duly passed by the................. ...............................Un of the of............... (.............Lege Legislative y �hOWn {Name of Le irlative iiod) Village not disapproved ••••••••••••••••••••••`••••••••••••••••••••••••••••... 19........ and was approved by tlle.............................E ..xecuti.. ....ve.....Otti....csr........... on Elective[;hist repassed after disapproval .....................................................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendums having been filed, said local lnw was deemed duly adopted on ................................... 19........, in accordance with the applicable provisions of law. •Elective Chief Executive officer means or includes theichief executive officer of a county elected on a county-wide basis or,if them 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 approve or veto local laws or ordinances. Page 2 5. (City local law concerning Charter recision proposed bypetition.) 1 herebycertify that the local Iuw annexed hereto,designated as local law No.....................of 19........ ofthe City of..........................................................................having been submitted to referendum pursuant to Lite provisions of§37 of the Municipal Home Oule Law,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. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto.designated as Local Law No.......of i9......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 affirn►ative vote of a majority of the qualified electors of lite 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. (If any other authorized form of final adoption has been followed, please provide nn appropriate certification.) ( 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph...... .................... above. Town Clark r+ Date: December 14, 1988 (Seal) (Certification to'be executed by County Attorney, Corporation Counsel,'Down Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF.........121RR ns.................... 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. slinatute�J • t t/o�hrrf C. Barney Town Attorney. ....... .... .. ........... T10. Date: - rt , thMkof..............I aca................................. Town Page 3