HomeMy WebLinkAboutLL 07 of 2005 Ag Activities in Certain Zones.doc
TOWN OF ITHACA
LOCAL LAW NO. 7 OF THE YEAR 2005
A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA
CODE REGARDING AGRICULTURAL AND RELATED
ACTIVITIES IN CERTAIN ZONES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The following sections of Chapter 270 of the Town of Ithaca Code are
amended as follows:
§ 270-5 entitled “Definitions” is amended by adding a new definition after “CLUBHOUSE
or LODGE” reading as follows:
“COMMERCIAL COMPOSTING FACILITY – A facility which accepts
materials for composting from locations other than the property on which
the facility is located. A commercial composting facility does not include
composting facilities where the materials deposited for composting
originate solely from the property on which the facility is located, or from a
property on which activities are conducted by the owner of the composting
facility that are related to the activities that are conducted on the property
on which the facility is located.”
§ 270-5 entitled “Definitions” is amended by amending the second sentence in the
definition of “FARM” by adding the word “predominantly” prior to the phrase “on
the farm property” so that said sentence reads as follows:
“It includes structures necessary to the production and storage of
agricultural products and equipment and on-farm buildings used for
preparation or marketing of products produced, or derived from products
produced, predominantly on the farm property on which the building is
located subject to the limitations regarding roadside stands set forth in this
chapter.”
§ 270-12 entitled “Principal uses authorized by special permit only” relating to uses in
Conservation Zones, is amended by adding a new subparagraph G reading as
follows:
“G. Equestrian facility, provided that adequate provision is made to
prevent nuisance to adjoining properties and provided:
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(1) The lot size is at least two acres (three acres if public sewers
are not available);
(2) There is a nonoccupied and unused buffer of at least 50 feet
around the perimeter of the lot;
(3) Any building in which farm animals are kept shall be at least
100 feet from any lot line or street line; and\\
(4) No manure shall be stored within 100 feet of any lot line or
street line.”
§ 270-26 entitled “Permitted principal uses” relating to uses in Agricultural Zones,
subparagraph E relating to roadside stands, is amended by changing the number
“500" in the first sentence to “3000" so that the first sentence of subparagraph E
reads as follows:
“E. A roadside stand or other structure, not exceeding 3000 square feet
of enclosed space, for the display and sale of farm or nursery
products related to farming and as a seasonal convenience to the
owner or owners of the land. . . .”
§ 270-27 entitled “Principal uses authorized by special permit only” relating to uses in
Agricultural Zones, subparagraph M, is amended by adding the word “principally”
prior to the phrase “”dedicated to research” so that said subparagraph M reads as
follows:
“M. Research facilities principally dedicated to research in agriculture or
animal husbandry.”
§ 270-54 entitled “Permitted principal uses” relating to uses in Low Density Residential
Zones is amended by adding a new subparagraph H reading as follows:
“H. Any lawful farm purpose, including usual farm buildings and
structures, but excluding rendering plants, on lands the principal use
of which is as a farm and which are located within a county
agricultural district created under the provisions of Article 25-AA
of the New York State Agriculture and Markets Law,
notwithstanding the provisions of subparagraph C above and
regardless of the size of the lot provided that such use is in
compliance with all other provisions such as yard regulations,
building area, and other provisions governing Low Density
Residential Zones.”
§ 270-59 entitled “Height Limitations” relating to heights in a Low Density Residential
Zone is deleted and a new §270-59 is inserted reading as follows:
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Ҥ 270-59. Height limitations.
Except as may be specifically otherwise authorized in this chapter, in Low
Density Residential Zones no building shall be erected, altered, or extended
to exceed 38 feet in height from lowest interior grade nor 36 feet in height
from lowest exterior grade, whichever is lower. No structure other than a
building shall be erected, altered, or extended to exceed 30 feet in height.
Accessory buildings shall in no case exceed 15 feet in height. The
foregoing height limitations shall not apply to buildings and structures used
for agricultural purposes on lands the principal use of which is as a farm
and which are located within a county agricultural district created under the
provisions of Article 25-AA of the New York State Agriculture and
Markets Law. Such agricultural buildings and structures so located may be
constructed without limitations as to heights.”
Article XXV entitled “Nonconforming Uses” is amended by adding a new § 270-214.1
reading as follows:
Ҥ 270-214.1 Nonconforming farms in Medium Density Residential
Zones.
Notwithstanding the provisions of §§270-203 through 270-214, a valid
non-conforming farm use or non-conforming farm structure, in a Medium
Density Residential Zone, may be enlarged, increased, altered, or extended
upon receipt of a special approval for such action from the Board of
Appeals instead of a variance. The criteria for granting such special
approval shall be as set forth in §270–200 rather than the normal criteria
for granting a use variance. This section shall apply only when the
principal use of the property is as a farm.”
Section 2. If any provision of this law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law which shall
remain in full force and effect.
Section 3. This local law shall take effect upon publication of the local law or an abstract
of same in the official newspaper of the Town, or upon its filing with the New York Secretary of
State, whichever is the last to occur.
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