HomeMy WebLinkAbout1977 City of Ithaca Zoning Ordinance CITY OF ITHACA
NEWYORK
ZONING ORDINANCE
1977
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ECTI .25: DISTRICT REGULATIONS CHART 12/87
YARD DIMENSIONS
MINIMUM LOT SIZE MAX.BLDG.HEIGHT (see also §30.36)
USEARY PERMITTED OFF-STREET PARKING OFF-STREET LOADING SUB (see SS 30.33)
PERMITTED General
Notes)
USES MAXIMUM � FRONT SIDE REAR
DIST. ACCESSORY USES REQUIREMENT REQUIREMENT DIST.
(See General Notes) LOT COVERAGE
Area Width in Feet No. of Height BY BUILDINGS One Other 7 of Max.
in Square Feet at Street Line Stories in Feet Min, SideLea at at
Least Depth Req.(Ft)
1 2 3 4 5 5 7 8 9 10 11 12 13 14 15
1, One-family dwelling occupied by: 1. Required off-street 1. Residence: 1. Permitted non- 1. One-family dwelling: 1. One-family dwelling:
a. An individual or family (see parking. a. 1 space for first residential uses: 10.000. 75.
definition, §30.3) plus not more 2. Private garage for 3 bed or sleeping 1 space. 2, other uses: 10,000. 2. Other uses: 75, 3 35 20 25 10 10 25 50
than one unrelated occupant (see not more than 3 Cars, rooms per dwelling 2. Non-residential
Gen. Noce 7), or 3. Structures for con- unit, uses allowed by R la
b. If dwelling is owner-occupied, struction purposes, b. 2 spaces for 4 or variance:
an individual or family plus not not to remain over 5 bed or sleeping See §30.38. -
more than two unrelated occupants. two years. roomS per dwelling
2. (Deleted) 4. Sign in connection unit.
/-3. Church andrelated buildings. with permitted use c. 1 space for each
( 4: Public park or playground. (See Sign Ordinance, additional bed or
S Library, fire station. Ch. 34, City of sleeping room in
PERMITTED UNDER SPECIAL CONDITIONS: Ithaca Municipal the same dwelling
6. Group care residence (see definition, Code). unit.
§30.3 and special conditions, §30.26). 5. By Special Permit: Towers or 2. other uses:
BY SPECIAL PERMIT OF BOARD OF APPEALS Structures for receipt or See §30.37. 1. One-family dwelling: 1. One-family dwelling:
R 1 (See §30.26): transmission of electronic 6,000. 50.
7. Cemetery and related buildings. signals for commercial pur- 2. Other uses: 7,500. 2. Other uses: 60. 3 35 25 25 10 10 25 50
8. Public utility structure except office. poses or for generation of
9. All school and related buildings. electricity to be used on
10. Functional Family Unit without any additional the premises where generated
occupants (see definition §30.3). in any district (see §30.26) Rlb
6. By Special Permit: An Access
ory Apartment (see§30.27).
Permit required in all use
districts.
7.Adult Day Care Home
1. One-family dwelling occupied by an indi- 1 uses permitted 1. Same as R-1 1. Same as R-1. 1. One- or two-family 1. One- or two-family 3 35 30 25 10 10 25 50
vidual or family plus not more than two Accessory 2. Home occupation: 2. Neighborhood com- dwelling: 5,000. dwelling: 45.
unrelated occupants. in an&ldistrict. l space. mercial facility: R2a 2. Other uses: 6,000. 2. Other uses: 50.
2. Two-family dwelling, each unit of which 2. BY SPECIAL PERMIT: 3. Neighborhood commercial See §30.38.
may be occupied by an individual or Home occupation facility: 1 apace per
family plus not more than two unrelated (See definition, 500 gross SF of floor
2 occupants per unit. §30.3) area.
3. Uses 3-5 under R-1.
PERMITTED UNDER SPECIAL CONDITIONS:
4. Group care residence (See R-1) 1. One- or two-family 1. One- or two-family 3 35 35 10 10 5 25 50
BY SPECIAL PERMIT OF BOARD OF APPEALS: dwelling: 3,000. dwelling: 35.
5. Uses 7-10 under R-1.
6. Nursery school.child day care center,grwpadult day
R'L 2. Other uses: 4,000. 2. Other uses: 40,
care facility
7 Nelabbonccod commercial facility(See §30.3)
1. One; or two-family dwelling. 1. Any accessory use per- 1. Same as R-2. 1. Same as R-2. 1. One- or two-family
2. Use 3-5 under R-1 mitted in R-2 district. 2. Rooming or boarding 2. Multiple dwelling dwelling: 5,000.
3. Multiple dwelling (See ®30.3). 2. Private garage for house: 1 space per with 25 or more 2. Multiple dwelling, new 1. One- or two-family
4. Rooming or boarding house, tourist home. or more cars. 3 persons housed. dwelling units: const.: 6,000 for first dwelling: 40.
5. Cooperative household (See ®30.3). 3. Neighborhood parking 3. Tourist home: 1 1 space for up to 1-3units + 750 for each 2. Multiple dwelling: 50. 4 40 35 10 10 5 20 25
6. Fraternity, sorority or group house, area subject to regu- space per bedroom. 10,000 SF of floor add'l unit + 500 per 3. Fraternity, sorority
7. Dormitory. lations of §30.37(B) 4. Fraternity, sorority, space, +1 space fnr room let for profit. or group house: 100.
8. Townhouse or garden apartment housing. 4. Home occupation. group house, coopera- ea. additional R38 3. Multiple dwelling, con- 4. Other uses: 50.
tive household: 1 15,000 SF or ma'o;.! version: 7,000 for
9. Nursery school,child day care center,gawp a.d.c. space per 2 persons fraction thereof. firstl-3units + 750 for
NDe Nursing.convalescent or rest home. housed. 3. Nursing home, each add'l unit + 500
5. Dormitory: one space hospital or per room let for profit.
PERMITTED UNDER SPECIAL CONDITIONS: per 4 persons housed. sanitorium: i spa,:e. 4. Fraternity, sorority or
11. Group care residence (See R-1). 6. Hospital, nursing group house: 25,000.
3 BY SPECIAL PERMIT OF BOARD OF APPEALS: home, similar uses: 5. Other uses: 6,000.
12. Uses 7-10 under R-1. 1 space per 5 beds.
13, Neighborhood commercial facility. 1. One- or two-family
14. Hospital or sanatorium. dwelling: 3,000.2. Multiple dwelling, new 1. One- or two-family
const.:3,500 for first dwelling: 30.
1-3units + 500 for each 2. Multiple dwelling: 40. 4 40 40 10 10 5 20 25
add'l unit + 300 per 3. Fraternity, sorority
Ribroom let for profit. or group house: 100.
3. Multiple dwelling, con- 4. Other uses: 40.
version: 4,000 for
firsts-3units + 500 for
each add'l unit + 300
per room let for profit.
4. Fraternity, sorority or
group house: 25,000.
5. Other uses: 4,000.
1. One- or two-familydwelling. An accessor use 1. Same as R-1. 1. Same as R-1.
g• y y per- 2. Fraternity, sorority, 2. Multiple dwelling 1. One-family dwelling: 1. One-family dwelling:
group house, coopera- with 25 or more
2. Uses 3-5 under R-1. mitted in R-3 district. 10,000. 75.
3. Multiple dwelling. t 2. Two-family dwelling: 2. Two-family dwelling:
4. Rooming or boarding house. er household: 1 space dwelling units:
per 2 persons housed. 1 space for first 15,000. 100.
R- ® 5. Cooperative household. 3. Roomingor boarding10,000 SF of floox 3. Multiple dwelling: 3. Multiple dwelling: 125.
n V 6. Fraternity, sorority or group house. house: 1 space per3 space + 1 space f;r 16,500 for firstl-3 4. Fraternity, sorority 4 40 30 25 10 10 25 50
7. Dormitory. persons housed. each additional units + 1,500 for each or group house: 125.
8. Townhouse or garden apartment housing. 4. Dormitory: 1 space per 15,000 SF or majo add'l unit. 5. Other uses: 75.
PERMITTED UNDER SPECIAL CONDITIONS: 3 persons housed. fraction thereof. 4. Fraternity, sorority
9. Group care residence (See R-1). 5, Home occupation: 1 or group house: 25,000,
BY SPECIAL PERMIT OF BOARD OF APPEALS: space.
5. Other uses: 10,000
10. Uses 7-10 under R-1. p
11. Nursery school, child day care center.
1. Any use Permitted in R-3. Any accessory use permitted 1. Same as R-3
in R-3 district.
2. Professional offices o£architect, engineer, lawyer, 2.
Ce�+u realtor, accountant, planning, management, design officcee spac e.Professional office; 1 space
��77V and finance consultants; & similar occupations per ac feet of Same as R-3b Same as R-31d 2 30 �0. 10 10 5 20 25
-,r..
materials to clients. (see,§ 30.60) 3. Medical, dental office: - -
3. Medical or dental office (see §30.60) 1 space per 250 SF of
See also§ 30.59, Design Review. floor space.
I. Any use Permitted in R-3 District. - 1. Any accessory use permitted B-la: 1. Same as R-3. 1. Same as R--3.
2. Funeral home or mortuary. in an R-3 District. 2. funeral:lane: 1 spaoe 2. Office building: Residential uses: same as R-3a 4 40 SO 5 10 5 15 20
3. Business or professional office. 2. Employee, customer or public per 10 seats. ones pace Bla A11 others: 500o
4. Bank or monetary institution. parking areas (See §30.37) 3. Business or professional 40
B-1 5. Office of government. 3. Sign as permitted by Sign office: 1 space per 250
6. Public, parochial or private school. Ordinance. 4. MAf37ce floor. 6 70 90 5 5 5 10 15
Tb ,.
Residential uses: Same as R-3a
See §30.59, Design Review See §30.59, Design Review B-lb: ''"� 81 All others: 3000 30
1. Any use permitted in B-1 District. Any accessory use permitted in -2.:1.S. «g_r 1. Same as B-1. 50%
2. Retail store or service commercial facilit z.a.c.il score:1.....per soo 2. Retail store: 1 s ce for 1. Motel: 20,000 1. Motel: lo0 6 70
Y• a B-1 District. Lea (75% when
3. Restaurant, fast food establis}vmunt, tavern. pro<e SF of floor...,. _ each use with 3,000 to 2. All others: 3000 2• All others: 40 NONE 10 5 15 20
3.A.aic.ri...cn<.ter,bar.re.ca ..c adequate off-
4. Club, lodge or private social center. .r amil.r:i awc<per s.eac.� 10,000 SF of floor sx-ae, B2a street parking
5. Confectionary, millinery, dressmaking and other s."^col•mates: 1.....per gees..... plus 1 space for each add'- is available
5 .:.
activities involving light hand fabrication as well a-zb:i..See g<ad-mila<.ci.l.a<.:r.pace per cnr.< floral 15,000 SF or major within 500 ft.)
Bs� as sales. per....h...<a i.b.ilamg. fraction thereof of floor (See §30.37)
6. Theater, bowling alley, auditorium or similar place z.Al oth.,.a<e,.ee 530.37,except space in single occupancy.of public assembl 1.<ms:ea.ae b.aamg,th.parking
y. r<y.lreme.c for a.......tn.gr..na 3. Maximum required: 4 spaces 1. Motel: 20,000 1.. Motel: 100 100� NONE NONE- NONE See 10
ir-aay..c.pt.M.[ r..fae.a.l y ing parity. 2. All others: 2500 - -2. All others: 25 except Col. 15 Minimum
7. Hotel, motel. mall beam, d floors.lea.t h<c..l 4. for
uses:single occupancy.
B2b 6 60 ex ��sf�
gross
..d story or higher Se devoted c rear vard
residential use.
See §30.59, Design Review See §30.59, Design Review a-zt:s..e BZC Same as 11-2b none 75 same as B-2b
�, , 100% except
3 1. Any use permitted in B-2 District. Any accessory use per- NONE. Same as B-2. No minimum lot size 10 NONE ,4.91 as required NONE NONE NONE See Col.; 10
mitted in a B-2 District.
Minimum
jc' for rear yardMinimum
1. Any use permitted in B-3 District. Any accessory use per- Same as B-2a Same as B-3. 3,000 40 4 40 50 NONE 10 5 15 20
2. Gasoline station. mitted in a B-3 District.
3. Garage for storage of motor vehicles.
4. Motor vehicle sales and service.
6-4
5. Printing, heating, welding, air con-
ditioning, plumbing or similar shop,
6. Transfer station for recyclable materials.
B-5 1. Any use permitted in B-4 District. Any accessory use per- Same as B-4. Same as B-4. 3,000 40 4 40 50 10 10 5 15 20
mitted in a B-4 District.
1. Any use permitted in B-5 District, except Any accessory use per- 1. Same as B-5. 1. Same as B-5. 5,000 50 4 40 50 20 12 6 15 20
that dwelling units are prohibited. mitted in a B-5 District 2. Wholesale, industrial 2. Industrial use: one
2. Any use not permitted in any other die- except residential. and similar uses: 1 space for ea. use with
trict including industrial, warehousing, space per 2 employees 3,000 to 10,000 SF of
1-1 wholesaling, storage of bulk goods, on maximum work shift, floor space in single
lumberyards, and agriculture except that plus one space per 500 occupancy, +1 space
no animals may be kept within 50 ft. of SF or portion thereof for each additional
any property line, devoted to office or 15,000 SF or major
3. All uses must conform to special perform- sales use. fraction thereof.
ante standards governing establishment of
industrial uses See 30.41).
F�A� 1. Public and private recreation subject to Agricultural use sub- One apace per 5 persons NONE 3,000 30 BUILDINGS NOT ALLOWED (SEE SEC. 30.44)
Y A further provisions of §30.44. ject to further pro- viewing or participat
visions of §30.44. ing in recreational
activity.
FH 1 (See General Note 6) REGULATIONS FOR FH-1 DISTRICT APPLY ONLY TO ( INSTRUCTION AND NOT TO USES OR DIMENSIONS (SEE SECTION 30.44).
1. Any use permitted in B-2 district except 1. Automobile parking lot 1. Same as B-5. Same as B-5 3,000 30 on street plus Residential, hotel, motel, See §30.43 for yards on creek,
establishments where food or drink is (See 130.37). 2. Other uses: As required (See §30.38). 30 on water, if boatel: inlet or flood channel.
intended to be served to or consumed by 2. Boat fuel dispensing. in S 30.37 for uses water frontage
persons in automobiles. 3. Snowmobile sales, similar in nature. - 6 70 50
2. Recreational or cultural facility such as service, rental in
park, playground, art museum, fishing conjunction with boat All other uses: In all other cases:
pier or yacht club, sales, rental or serv-
3. Boatel, ice. 3 35 60 5 5 5 15 20
M i 4. Sale, rental, installation, repair or 4. Sign as permitted by (except between
�i storage of marine-related recreation Sign Ordinance. attached dwelling
equipment such as boats, marine
engines, sails, cabin equipment. units)
S. Light manufacture of marine recreation-
related products involving substantial
hand fabrication such as sails,boat
hulls, cabin fittings.
6. Wholesale business, printing, warehouse
at rage facility.
1. Public recreation. Accessory uses and 1. Public recreation: 1 Institutional: as set 3,000 30 NONE NONE 35 When yard on public street only:
2. Public and semi-public institution whose service buildings for .space per 10 persons forth above and in
purpose is education except that, within permitted uses, upon viewing or participat- §30.38 for similar 25 10 10 See col. 10
P1 200 feet of a residential district,, any issuance of a special ing. specific uses, sub- 15.
use other than classrooms or living permit therefor as set 2. Institutional: As set ject also to §30,26.
accommodations which conform to the regu- forth in g30.26. forth above and in
lations of the adjacent residential §30.37 for similar spe-
district is permitted only by special per- cific uses, subject
mit of the Board of Appeals (See g30.26). also to 030.26.
1. Mobile home parks (See Chapter 27, Article Accessory uses and Two spaces per mobile NONE 1. Mobile home park: 50 4 40 35 10 10 5 20 25
II of Municipal Code). service buildings for home lot. 5 acres.
2. Mobile home display and sales, except that residents of mobile 2. Mobile home lot: For mobile homes on lots in mobile home
no display shall take place within the home parks only. 5,000 SF parka.
MFI 1 confines of mobile home parks. No mobile home lot shall be located
17 within 50 feet of any existing public
way, nor within 30 feet of any other
p�
existing property line.
O EN ERAL 1. All development plans shall 2. Land filling and bulkheading 3. Regulations, standards and 4. Where a variance or special permit is 5. All uses permitted or 6. Any use permitted under this 7. In R-1 and R-2 districts,
be subject to approval by plans and procedures shall permitted uses are genet- required, or where special conditions allowed in any district Ordinance shall, if located minor dependent children
NOTESthe Planning and Develop- be subject to approval of ally cumulative, except apply, to allow in one district a use shall conform to the within the FH-1 Zone, meet the in the care of a parent or
ment Board and the Common the Board of Public Works where otherwise indicated which is permitted by right in another General Performance requirements of Section 30.44 relative shall be excluded
Council, and Common Council. by specific prohibition o, district, the regulations applying to Standards as set forth in addition to those otherwise in determining the number
omission. such use shall be those of whichever in Section 30.40. applicable to it under district of unrelated occupants in
district has the stricter regulations, regulations. a dwelling unit.
unless otherwise determined by the
Board of Zoning Appeals.
§ 228-1 LANDMARKS PRESERVATION § 228-1
Chapter 228
LANDMARKS PRESERVATION
§ 228-1. Title.
§ 228-2. Purpose.
§ 228-3. Definitions.
§ 228-4. Powers and duties of Landmarks Preservation
Commission.
§ 228-5.. Alteration permit procedure.
§ 228-6. Cooperation of other officials.
§ 228-7. Appeals.
§ 228-8. Penalties for offenses.
[HISTORY: Adopted by the Common Council of the City of
Ithaca as part of Ch.32 of the 1975 Municipal Code.'Section 228-
9 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Landmarks Preservation Commission—See Ch.73.
Building construction—See Ch.146.
Signs—See Ch.272.
Zoning—See Ch.325.
§ 228-1. Title.
This chapter shall be known and may be cited as the"City of Ithaca
Landmarks Preservation Ordinance."'
i
' Editors Note: See also Ch.73,Landmarks Preservation Commission.
22801
§ 228-2 ITHACA CODE § 228-3
§ 228-2. Purpose.
The purpose of this chapter is to:
A. Promote the educational, cultural, economic and general
welfare of the public through the protection,enhancement and
perpetuation of landmarks and districts of historic and
cultural significance.
B. Safeguard the city's historic,aesthetic and cultural heritage by
preserving landmarks and districts of historical and cultural
significance.
C. Stabilize and improve property values. I
D. Foster civic pride in the legacy of beauty and achievements of '
the past.
E. Protect and enhance the city's attractions to tourists and
visitors and the support and stimulus to business thereby `
provided.
F. Strengthen the economy of the city.
G. Promote the use of landmarks and districts of historic and j
cultural significance as sites for the education, pleasure and
welfare of the people of the city.
§ 228-3. Definitions.
As used in this chapter,the following terms shall have the meanings
indicated:-
ALTERATION PERMIT—A permit issued by the Building
Commissioner which is necessary before any work can be
started which will occasion a material change in the use or
appearance of a- landmark or a structure,, memorial or site
within an historic district.
CERTIFICATE OF APPROPRIATENESS — A document, i
evidencing approval by the Landmarks Preservation Commis-
sion of a proposal to make a material change of use or
appearance, which document must be obtained before an
alteration permit may be issued.
22802
§ 228-3 LANDMARKS PRESERVATION § 228-3
HISTORIC DISTRICT— An area which contains improve-
ments which:
A. Have special character or special historical or aesthetical
interest or value;
B. Represent one(_1)or more periods or styles of architecture
typical of one(1)or more eras in the history of the city;
and
C. Cause such area,by reason of such factors, to constitute a .
visibly perceptible section of the city.
LANDMARK—A structure, memorial or site or a group of
structures or memorials, including the adjacent areas
necessary for the proper appreciation of the landmark,
deemed-worthy of preservation, by reason of its value to the
city as:
A. An outstanding example of a structure or memorial
representative of its,era, either past or present.
B. One of the few remaining examples of a past architec-
tural style or combination of styles.
C. A place where an historical event of significance to the
city, region,state or nation or representative activity of a
-past era took place or any structure, memorial or site
which has a special character, special historical' and I'
aesthetic interest and value as part of the development,.
heritage and cultural characteristics of the City of Ithaca,
including sites of natural or ecological interest.
MATERIAL CHANGE OF USE OR-IPPEARANCE —
Includes:
A. Any change in the type or use of land or of.a structure or
memorial. t
l
B: Change or reconstruction or alteration of the size or
external appearance of a-structure or memorial:
C. Change in the intensity of the use of land, such as an
increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure.
22803
s-
§ 228-3 ITHACA CODE § 2284
D. Demolition of a structure or mem
orial.
E. Commencement of excavation.
- F. Deposit of refuse, waste or fill on land not already used
for that purpose or which extends the height of any
existing deposit above the level of the land adjoining the
site.
G. Commencement of or change in-the location of advertis-
ingthe
on external part of any structure.
H. Alteration of a shore,bank or floodplain of a river,stream
or channel or of any lake, pond or artificial body of water.
§ 2284. Powers and duties of Landmarks Preservation
Commission.2
A. Designation of landmarks. The Commission may designate
landmarks and districts of historic and cultural significance.
The Commission may proceed at its own initiative or upon a
request from any person, group or association.
B. Public hearing. In no event shall a landmark or district be
designated until the Commission has conducted a public
hearing thereon. In the event that architectural style is a basis
for such a designation, the Commission shall not proceed to
designate any landmark or district until the record illustrates
the existence of expert opinion favorable to such designation.
C. Filing of designation. Within seven (7) days after designation
of a landmark or historic district, the Commission shall file a
copy of such designation with the Planning and Development
Board and with the Common Council.Within sixty(60)days of
designation by the Commission, the-Planning and Develop-
ment Board shall file a report with the Council with respect to
the relation of such designation to the Master Plan, the zoning
laws, projected public improvements and any plans for the
renewal of the site or area involved. The Council shall within
ninety (90) days of said designation, approve, disapprove or
refer back to the Commission for modification. Any designa-
2 Editor's Note.See Ch.73,Landmarks Preservation Commission.for provisions relating to
the establishment and organization of said Commission.
M04
o
§ 2284 LANDMARKS PRESERVATION § 2284
tion approved by the Council shall be in effect on and after the
date of approval by the Council.
D. Alteration permit required.After approval of a designation by
the Council, no material change in the use or appearance of a
landmark or a structure, memorial or site within an historic
district shall be made or be permitted to be made by the
owner or occupant thereof unless and until an alteration
permit shall havebeen obtained.
E. Review of plans.
(1) [Amended 10-3-1984 by Ord. No. 84-161 After ap-
proval of a,designation by the Council,it shall be the duty
of the Landmarks Preservation Commission to review all
plans for any and all material changes of use or
appearance of a landmark or of a structure,memorial or
site within•any historic district, and it shall have the
power to pass upon such plans before a permit for such
activity can be granted, provided that the Commission
shall pass only on exterior changes and shall not consider
the interior plans of the building. The Commission shall
issue a certificate of appropriateness if it approves the
plans submitted to it for review. The Commission shall
approve the plans only if it finds that one (1) of the
following conditions applies:
(a) The proposed work in creating,changing,destroying
or affecting the exterior architectural features of the
improvement or site upon which the work is to be
done will not have a substantial adverse effect on the
aesthetic,historical or architectural significance and-
value of either the landmark or, if the improvement
is within a district,of the neighboring improvements
in such district. In considering. architectural and
cultural- value, the Commission shall consider
whether the proposed change is consistent with the
historic value and the spirit of the architectural style
of the landmark or district; or
22805
1
§ 228-4 ITHACA CODE § 228-4
(b) The denial of a certificate of appropriateness would
prevent the owner of the landmark or improvement
within a district from earning a reasonable return
on said owner's property subject to this regulation.
(2) The Building Commissioner shall not issue an alteration
permit until such certificate of appropriateness has been
issued by the Commission.
F. Demolition of structures. [Amended 7-2-1986 by Ord. No.
86-7]
(1) Demolition of structures erected on landmark sites or
within historic districts and deemed by the Commission
to be of a particular architectural or historical signifi-
cance shall be prohibited unless, upon application and
hearing, the Commission finds that either:
(a) In the case of commercial property, that prohibition
of demolition-prevents the owner of the property
from earning a reasonable return; or
(b) In the case of noncommercial property, all of the
following.
[1] That preservation of the structure will seriously
interfere with the use of the property.
[2]; That the structure is not capable of conversion
to a useful purpose without excessive costs.
[3] That the cost of maintaining the structure
without use would entail serious expenditure,
all in the light of the purposes and resources of
the owner.
(2) In the event that, upon ,application and hearing, the
Commission shall determine that an exception to the
prohibition of demolition as set forth in Subsection F(1xa)
or(b)above exists,the Commission may, notwithstanding
such determination, if it finds that the structure is of
unique value, deny permission to demolish; provided,
however,that a denial of permission to demolish following
a finding under Subsection F(lxa) or (b) above and a
finding of unique value shall prohibit demolition for no
22806
;r o
§ 228-4 LANDMARKS PRESERVATION § 228-4
more than ninety(90) days from the date of the hearing
on said application unless, at the expiration of ninety(90)
days, adjustments have been made which negate the
findings of either Subsection F(lxa)or(b)above. During
this ninety-day period, the Commission will endeavor to
work out with the owner an economically feasible plan for
the preservation of such structure, provided that; subject
to approval of the Common Council, the city shall
reimburse the owner any difference between a fair return
and the return he/she might reasonably have obtained
using the structure in its then.state.
G. Exemption from taxation. The Landmarks Preservation
Commission may recommend that the Common Council of the
City of Ithaca exercise its authority to exempt such structures
as may be designated by the Commission as having historical
and architectural value from municipal taxation for such
period of years as the Council may determine; provided,
however, that the owners of said structures, for themselves,
their heirs and assigns, shall agree, by covenants contained in
duly executed instruments capable of being recorded,with the
Commission and the City of Ithaca that said structures shall
never be altered or demolished without the approval of the
Landmarks Preservation Commission.
H. Gifts and grants-in-aid. The Commission shall maintain a
constant effort to seek out and obtain state and federal funds
available for landmark and historic district preservation. The `
Commission may solicit and accept gifts which enable it to
finance arrangements entered into pursuant to Subsection F
above.
w I. City improvements. Plans for the material change of use or
appearance of any improvement.or proposed improvement
which is owned by the city and is or is to be located` on. a
landmark site or in .an historic district shall; prior to city
action approving or otherwise authorizing the use of such
plans with respect to securing the performance of such work,
be referred by the agency of the city having responsibility for
the preparation of such plans to the Commission for a report:
Such report shall be submitted to the Mayor and to the agency j
having such responsibility within thirty (30) days after such
22807
1
§ 228-4 ITHACA CODE § 228-5
referral. No officer or agency of the city whose approval is
required by law for the construction or effectuation of a city-
aided project shall approve the plans or proposal for or the
application for approval of such project unless, prior to such
approval, such officer or agency has received from the
Commission a report on such plans, proposals or application
for approval.
J. Investigations and studies. The Commission shall make such
investigations and studies of matters relating to the protection,
enhancement, perpetuation or use of landmarks and historic
districts and to the restoration of landmarks as the Commis-
sion may, from time to time, deem necessary or appropriate
for the effectuation of the purposes of this chapter and may
submit reports and recommendations as to such matters to the
Mayor and other agencies of the city. In making such
investigations and studies, the Commission may hold public
hearings and call upon experts as it may deem necessary or
appropriate.
§ 228-5. Alteration permit procedure.
A. Application for alteration permit. It shall be the duty of the j
Building Commissioner to accept applications for the
alteration permits required by this chapter. In the event that a
building permit would be required'to proceed with the
proposed development notwithstanding the provisions of this
chapter, the application for a building permit shall be treated
as an application for an alteration permit.
B. Information and exhibits required. Application for an
alteration permit shall be made to the Building Commissioner.
In the event that the application is made -by way of an
application for a building permit; the application will state
that the work is to be. done on a landmark or within an
historical district. Drawings and/or sketches and photographs
illustrating the applicant's proposal shall be submitted. These
exhibits shall show the structure, memorial or site in question
and shall illustrate the visual impact the proposed change will
have upon it and its surroundings. Where facade changes are
22808
§ 228-5 LANDMARKS PRESERVATION § 228-5
proposed in an historic district, their effect upon adjoining
properties must be shown.
C. Referral to Commission. Upon the filing of such application,
the Building Commissioner shall immediately notify the
Landmarks Preservation Commissioner of the receipt of such
application and shall transmit it,-together with accompanying
plans and other information, to the Commission, unless it
pertains solely to the interior of the structure.
D. Meeting to review plans; time limit. The Landmarks
Preservation Commission shall meet within fourteen(14)days
after notification by the Building Commissioner of the filing,
unless otherwise mutually agreed upon by the applicant and
the Commission, and shall review the plans according to the
duties and powers specked herein.In reviewing the plans,the
Commission may confer with the applicant or the applicant's
authorized representative for the alteration permit.
E. Approval or disapproval. The Commission shall approve or
disapprove such plans and,if approved,shall issue a certificate
of appropriateness, which is to be signed by the Chairperson,
( attached to the application for an alteration permit and
immediately transmitted to the Building Commissioner.
F. Disapproval; reasons to be stated. If the Commission disap-
proves of such plans, it shall state its reasons for doing so and
shall transmit a record of such action and reasons therefor, in
writing, to the Building Commissioner and to the applicant.
The Commission may advise what it thinks is proper if it
disapproved of the plans submitted.The applicant,if he/she so
desires, may make modifications-to"the plans and shall have
the right to resubmit the application at any time after so
doin
gY..,
G. Certificate of appropriateness. No alteration permit shall be
issued authorizing a material change in use or appearance of
a landmark or of a structure, memorial or site within an
historic district until a certificate of appropriateness has been
filed with the Building Commissioner. In the event that the
Commission disapproves of a proposed plan; its notice of
disapproval shall be binding upon the Building Commissioner,
and no permit shall be issued in such a case.The failure of the
22809
' I
§ 228-5 ITHACA CODE § 228-7
Commission to act within forty-five(45)'days of the date of an
application filed with it, unless an extension is agreed upon
mutually by the applicant and the Commission, shall -be
deemed to constitute approval. In the event.however, that the
Commission shall-make a finding of fact that the circum-
stances of a particular application require further time for
additional study and information than can be obtained within
the aforesaid period of forty-five(45)days. then, in said event,
the Commissioner shall have a period of up to ninety(90)days
within which to act upon such an application.
H. Inspections after granting.After the certificate of appropriate-
ness has been issued and the permit granted to the applicant,
the Building Commissioner shall from time to time inspect the
construction, alteration or repair approved by such certificate
and shall take such- action as is necessary to enforce
compliance with the approved plan.
I. Ordinary maintenance. Nothing in this chapter shall be
construed to prevent ordinary maintenance or repair of any
structure within an historic district or on a landmark site.
§ 228-6. Cooperation,of other officials.
As an aid toward cooperation in matters which concern the
integrity of the designated landmarks and historical districts; all+
public officials shall,upon request,furnish to the Commission, within%
a reasonable time,the available maps,plans;reports and statistical:or
other information the Commission may require for its work.
§. 228-7. Appeals:
Appeals may be taken to the Common Council by any person
aggrieved by a ruling or determination of the Landmarks Preserva-
tion Commission.
22810
§ 22M LANDMARKS PRESERVATION § 228-8
§ 228-8. Penalties for offenses.$
Any violation of any provision of this chapter shall be deemed an
offense and shall be punishable as'provided in Chapter 1, General`
Provisions, Article I, Penalties. Each day's continued breach shall
constitute a separate additional violation. In addition, the city shall
have such other remedies as are provided by law to enforce the
provisions of this chapter.
3 Editor's Note: Amended at time of adoption of Code;see CIL 1,General Provisions,Art-IL
22811
I
TABLE OF CONTENTS
CHAPTER PAGE
30 ZONING 30.1
ARTICLE I - GENERAL PROVISIONS 30.1
§ 30.1 Short title 30.1
§ 30. 2 Purpose 30. 1
§ 30. 3 Definitions 30.1
ARTICLE II - ZONING DISTRICTS 30. 15
30. 21 Establishment of Zoning Districts 30. 15
§ 30. 22 Zoning Map 30. 15
§ 30. 23 Interpretation of district boundaries 30. 16
§ 30. 24 Application of regulations 30. 16
§ 30. 25 District regulations 30.16-a
DISTRICT REGULATIONS CHART (following) 30. 18
General notes pertaining to Regulations 30.19
§ 30. 26 Standards for special conditions and
special permits 30. 20
§ 30. 27 Accessory Apartments 30. 22-c
§ 30. 28 Cluster Subdivision Development 30. 22-g
30 ARTICLE III - SUPPLEMENTARY REGULATIONS 30.23
§ 30. 31 Application of supplementary regulations 30. 23
§ 30. 32 Use regulations 30. 23
§ 30.33 Height regulations 30.24
§ 30 . 34 Area regulations 30.24-b
§ 30 . 35 Yard regulations 30. 24-c
§ 30. 36 Transition regulations 30. 26
§ 30. 37 Off-street parking 30. 28
PARKING SPACE REQUIREMENTS CHART 30. 29
§ 30. 38 Off-street loading 30. 33
§ 30. 39 Motels 30. 34
30. 40 General standards applying to all land uses 30.35
§ 30. 41 Special performance standards - Industrial
District 30. 35-b
§ 30.42 Location of accessory structures 30. 37
§ 30. 43 New structure along streams and inlet 30. 38
§ 30. 44 Flood plain 30. 38
§ 30. 45 Marine Commercial District 30. 43
§ 30. 46 Landmarks 30. 44
§ 30. 47 Nonconforming uses 30. 44
f § 30. 48 Construction approved prior to adoption
L of or amendment to Chapter 30. 45
§ 30. 49 Repair, changes in use, extension or
enlargement of nonconforming uses or
structures 30.45
1
. J
§ 30. 50 Discontinuance of nonconforming use 30.46
§ 30. 51 Restoration after damage 30. 46
§ 30. 52 Cessation of automobile wrecking yard
or junk yard in Residential or Business
District 30. 46-a
§ 30. 53 District changes 30. 47
§ 30. 54 Enforcement officer; assistance 30. 47
§ 30.55 Building permits 30. 47
§ 30. 56 Neighborhood or private parking area permit 30. 48
§ 30. 57 Certificate of occupancy 30. 48
§ 30.58 Board of Appeals 30. 48-a
§ 30. 59 Design Review Board 30. 52
5 30. 60 Courthouse Special Use Zone 30. 55
30 ARTICLE IV - AMENDMENTS 30. 56
§ 30. 61 Amendments 30. 56
ARTICLE V - VIOLATIONS 30. 58
§ 30. 62 Separability 30. 58
§ 30. 100 Penalties for violation 30. 58
§ 30.101 Civil proceedings 30. 58
_J
r
C�
C
C� .
CHAPTER 30
ZONING
ARTICLE I
GENERAL PROVISIONS
l ;
§ 30.1 Short title
This Chapter shall be .known and may be cited as "The City of
_ Ithaca, New York, Zoning Ordinance:"
—� § 30.2 Purpose
This Chapter is enacted pursuant to the authority and provi-
sions of the General City Law to promote public health, safety,
welfare and the most desirable use of land and to conserve the
value of buildings and enhance the value and appearance of land
throughout the City.
§ 30. 3 Definitions
A. General rules of interpretation.
Words in the present tense shall imply also the future tense.
` The singular includes the plural.
The word "lot" includes the word "plot" or "parcel. "
The words shall and must are always mandatory.
f .
The word "used" or "occupied" as applied to any land or
building shall be construed to include the words "intended,
arranged or designed to be used or occupied. "
J
B. Specific terms or words .
For the purpose of this Chapter, certain terms or words herein,
unless the context or subject matter otherwise requires, shall be
f interpreted or defined as follows. These definitions apply to
i this Chapter and in order to retain conformity they are applied _
also to *the Housing Code and Building Code of the City. Some of
the definitions, therefore, will not appear in this Chapter.
Amendments or changes to this Section shall also be made in the
"Definitions" Section in the other heretofore mentioned Chapters
in order to retain conformity:
Supp.. #12, May 7, 1987 30. 1
i
I�
I '
§ 30. 3 MUNICIPAL CODE
0. "Accessory Apartment" shall mean a small dwelling unit
added to an owner-occupied single-family residential property,
which is subordinate to the principal residential use in terms of
size and appearance. [Added Ord. #84-15; 9/5/84. 1 J
1 . - "Accessory building or structure" shall mean a structure,
the use of which is incidental to that of the main building and -
which is located on the same premises. -�
i
2. "Accessory use" shall mean a use, occupancy or tenancy
customarily incidental to the principal use or occupancy of the --�
main building. Such accessory uses may include, among others,
the following:
a. offices for the building management. C
b. dining rooms, banquet rooms, public kitchen, and
ballrooms. I _!
c. recreation and play rooms.
d. laundries for the use of tenants and occupants, related
to the management and operation of a residential building.
e. maintenance and work shops, storage rooms for linen,
bedding, furniture, supplies and tenants ' equipment and
effects.
f. rooms ;or space for the incidental sale or display of
merchandise to occupants and tenants. -J
g. garages within a residential building or on the premises
thereof used primarily for the 'storage of passenger-type
motor vehicles.
[Adult Day Care - See 1 101 , infra. ]
[Adult Day Home - See 4 102, infra. ] i
[Adult Day Care Facility, Group - See 4 103, infra. ] _ I
3. "Agriculture" shall mean farming and similar commercial -`
endeavor relating to the land and its use for growing crops for
profit. 1
Supp. #12, May 7, 1987 30.2
�l
I
ZONING § 30.3
4. "Alley" shall mean a narrow service way providing a secon-
dary means of access to abutting properties.
5. "Alterations" as applied to a building or structure shall
mean a change or rearrangement;,in the structural parts or in the
exit facilities, or an enlargement, whether by extending on the
front, rear, or on a side or by increasing in height, or the
{� moving from one location or position to another.
6. "Approved" shall mean approved by the Building
Commissioner under the regulations of this Chapter, or approved
by an authority designated by law or this Chapter.
7. "Basement" shall mean 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 established
curb level or finished grade of the ground adjoining the
building.
g (See Illustration I) .
8. "Bathroom" shall mean enclosed space containing one or
more bathtubs, or showers, or both, and which may also contain
water closets, lavatories, or fixtures serving similar purposes.
(See "Toilet room. " )
�- 9. "Boarding house" shall mean a multiple dwelling where
sleeping facilities and meals are provided, for compensation, to
long-term guests. (See also "Rooming house, " "Tourist home. " )
t.
10. "Boatel" (See "Motel" ) .
11 . "Building" shall mean any structure wholly or partially
enclosed within exterior walls, or within exterior or party
walls, and
l Y.
i
[Next page is 30.31
1 �
Supp. #12, May 7, 1987 3.0.2-a
I�
( ZONING § 30. 3
II
IL
WOW L&W-3- fwot�v LMVrL
I-IRST LEVEL FIRST L-VrL -
MSEMONT
GELlAR \
LEK6hh T3 Wd Y PIW9544EP3 rw9-AATLR TMN Y2. F I-CM MNI i
TO =UI%W "t•t&M 6RADG To Gc1LlN6 Hsslcai-Ir CRAM
I11. I. Basement . I11. II. Cellar.
a roof,. affording shelter to persons, animals or property. (See
also "Structure." ) -
12. "Building area" shall mean the total area (taken on a hori-
zontal' plane at the main grade level) of the principal building and all accessory buildings exclusive of uncovered porches,
terraces, steps, and parking areas.
13. "Carport" shall mean a roofed structure, with or without
enclosing walls, used for the storage of one or more automobiles.
t
14. "Cellar" shall mean that space of a building that is partly
or entirely below grade, which has more than half of its height, ll
measured from floor to ceiling, below the average established
curb level or finished grade of the ground adjoining the
building. (See Illustration II, above)
15. "Church" shall mean any structure used for worship or reli-
gious instruction including social and administrative rooms
accessory thereto. `r
Supp. #14, 4/24/89. 30. 3
( I
§ 30. 3 MUNICIPAL CODE
t
16. "Club" shall mean any organization catering exclusively to -J
members and their guests, or premises and buildings for
recreational or athletic purposes, which are not conducted pri-
marily for gain, providing there are not conducted any vending
stands, merchandising or commercial activities except as required
for the membership and purposes of such club; it shall include
fraternal, social and service organizations. Any such
( organization' s premises or building which provides sleeping
accommodations for more than five- (5) persons shall be considered
a multiple dwelling.
[Cluster Subdivision - see 4 104, inf'ra. ]
17. "Conversion" shall mean the changing of use or occupancy by
alteration, addition, or by other reorganization.
18. "Cooperative household" shall mean a group of four (4) or
more unrelated persons, exclusive of minor dependent children in
the care of a parent or relative, occupying a dwelling unit
( without auxiliary social facilities . Any dwelling unit occupied
by a cooperative household shall be considered a multiple
dwelling. This category shall not be construed to permit facili-
ties which provide living accommodations for persons requiring
supervised residential care, such as halfway houses, hostels, or ✓
group homes . (See "Group care residence. " )
19. "Corner lot" shall mean a parcel of land at the junction of
and bounded by two (2) or more intersecting streets.
20. "Dormitory" shall mean a multiple dwelling which provides
sleeping accommodations and domestic facilities and services for
a group of college, university, or secondary school students.
21. "Dwelling" shall mean any building or structure, or part
thereof, used and occupied for human habitation, or intended to
Fl be so used. (See "Habitable space. " )
22. "Dwelling unit" shall mean one or more rooms designed or
used for living quarters by one household, including provisions
for living, cooking, sanitary and sleeping facilities, and having
a separate entrance from the outside of the building or through a
common hall.
f23. "Dwelling, multiple" (or "Multiple residence" ) shall mean:
v
Supp. #14, 4/24/89. 30.4
�J
ZONING § 30. 3
a. a building containing three (3 ) or more dwelling units.
J
b. a single dwelling unit without auxiliary social facili-
ties occupied by a group of four (4) or more unrelated
persons, exclusive of minor dependent children in the 1
care of a parent or relative. (See definition of -�
"Cooperative household, " paragraph 18 of this Section. )
c . a building containing living, sanitary and sleeping faci-
lities occupied by one (1 ) or two (2 ) families and more
than two (2) roomers or boarders, exclusive of minor
dependent children in the care of a parent or relative,
residing with either one of such families .
d. a building with one (1 ) or more sleeping rooms, other
than a one (1 ) or two (2) family dwelling, used or
occupied by permanent or transient paying guests or Lt
tenants .
[Next page is 30. 51
i_j
I
Supp. #14, 4/24/89. 30.4-a
�- ZONING § 30. 3
e. A building with sleeping accommodations for more than
five (5 ) persons used or occupied as a club, dormitory,
fraternity, sorority or group house, or for similar uses.
f. A building used or occupied as a convalescent, old age
or nursing home, but not including private or public
hospitals or public institutions.
24. "Dwelling, one-family" shall mean a dwelling unit occupied
exclusively for residential purposes by an individual or family
and not more than one (1) unrelated individual , or a functional
family unit. In the R-1 zones, occupancy by an individual or a
family and not more than two (2) unrelated individuals is per-
mitted if the dwelling is owner-occupied. In the R-2 and R-3
zones, occupancy by an individual or a family and not more than
two (2) unrelated individuals is permitted. A one-family
dwelling may be constructed in any of the following con-
figurations, as permitted in specific zoning districts :
a. One-family detached dwelling - A building containing not
more than one dwelling unit.
000
i - -- -; p0
Ill. II . A. One-family detached dwelling.
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§ 30. 3 MUNICIPAL CODE
b_. - One-family detached dwelling, zero-lot line - A building
containing not more than one dwelling unit which is sited
so that the side of the building is on or near the side
property line of the parcel on which it is built.
L_ �1
-,t
Ill. II. B. One-family detached dwelling, zero lot line.
c. One-family semi-detached dwelling - A building containing
not more than two one-family dwellings, each of which
shares a party wall or other common structural elements
with the other dwelling unit in the building and which has
direct exterior access from the ground floor.
IJ 0 0 0
— —..—.—1 Ll ❑ ❑ o -
L�
Ill. II. C. One-family semi-detached dwelling.
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r ZONING § 30. 3
d. One-family attached dwelling - A building containing three
or more one-family dwellings, each of which shares one or
more party walls or structural elements with the other one-
family dwellings in the building and which has direct
exterior access from the ground floor . A maximum of six
(6) one-family dwelling units may be attached to form a
single building'.
l '
❑ ❑
Ill. II. D. One-family attached dwelling .
[924 amd. Ord #81-2; Ord. #90-2, 1/8/90. 1
�i 25. "Dwelling, owner-occupied" shall mean a building in which
f at least one dwelling unit is occupied by at least one person who
holds at least thirty-three and one-third (33 1/3 ) percent legal
interest in the property and who maintains his or her principal
residence in that building for more than six (6 ) months of the
calendar year. [Amd. Ord. # 87-8, 2/4/87. 1
26. "Dwelling, two-family" shall mean a building containing
not more than two (2 ) dwelling units occupied exclusively for
residential purposes, each unit of which may be occupied by an
individual or family and not more than one (1 ) unrelated indivi-
dual, except that if one unit is occupied by a single individual ,
Ethe other may be occupied by not more than three (3 ) individuals
if unrelated; and if not owner-occupied, one unit may be no
larger than fifty (50) percent of the floor area of the larger,
` ! and each unit may be occupied by no more than two persons if unre-
lated, in R-1 zones. In R-2 and R-3 zones, each unit of a two-
family dwelling may be occupied by an individual or family and
not more than two (2 ) unrelated individuals. [V 26 amd. Ord. #
81-2, 4/l/81. 1
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§ 30. 3 MUNICIPAL CODE
I
27 . "Exit" shall mean a way of departure - from the interior
of a building or structure, to the exterior at street or grade, k
including doorways , passageways, hallways , corridors, stairways ,
ramps, fire escapes, and all other elements necessary for egress
or escape. l
28-a. "Family" shall mean one or more persons occupying a
dwelling unit, all of whom are related by blood, marriage or
adoption. _'
28-b. "Functional Family Unit" shall mean a group of indivi-
duals living together in a single dwelling unit and functioning as
a family with respect to those characteristics that are con-
sistent with the purposes of zoning restrictions in residential
neighborhoods.
a. In determining whether or not a group of unrelated indi-
viduals is a functional family unit under the defini-
tion set forth above, the following criteria must be
present: {
1. The occupants must share the entire dwelling units . A
unit in which the various occupants act as separate
roomers cannot be deemed to be occupied by a functional
family unit.
2. The household must have stability with respect to the
if
purpose of the zoning ordinance. Evidence of such
stability may include the following:
i . the presence of minor dependent children regularly
residing in the household;
ii . proof of the sharing of expenses for food, rent or
ownership costs, utilities and other household
expenses and sharing on the preparation, storage
and consumption of food. f
I`
iii . whether - or not different members of the household
have the same address for-the purposes of:
voter registration;
driver' s license;
motor vehicle registration;
summer or other residences; 'J
filing of taxes.
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ZONING § 30. 3
iv. common ownership of furniture and appliances among
l the members of the household.
V. enrollment of dependent children in local schools.
vi. employment of householders in the local area.
4 vii . a showing that the household has been living
t
together as a unit for a year or more, whether in
the current dwelling unit or other dwelling units .
viii. any other factor reasonably related to whether or
not the group or persons is the functional equiva-
lent of a family.
b. A group of individuals living in the same dwelling
unit shall be presumed not to be a Functional Family
Unit defined in this section if such dwelling unit con-
tains four or more college students over the age of 16
years.
A college student is a person who attends at least
! ' half time any college, university or other institu-
tion authorized to confer degrees by the State of
New York.
ii. For the purposes of this presumption, minor depen-
dent children of any other member of the household
shall be excluded in calculating the number of
college students in the household.
! c. A group of individuals living together in the same
dwelling unit shall be presumed not to be a
Functional Family Unit as defined in this section if
it is occupied by four or more unrelated- adults over
the age of 18 years and is not occupied by minor,
( ' dependent children.
d. The presumptions set forth in sections (b) and (c)
above may be rebutted by sufficient evidence of the
characteristics set forth in section (a) above. [128-a
renumbered and 428-b added. Ord. # 87.-2, 2/4/87. 1
29. "Fast-tracking" shall mean that type of construction which
divides the design stage into component parts, each story or
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§ 30. 3 MUNICIPAL CODE
stage of the building or structure requiring approval by the
Building Commissioner previous to construction; each story or
stage of the building or structure can be built before the design
for any subsequent story need be completed or approved. Fast-
tracking does not exempt the owner from any other provisions of
this or any other City ordinance.
The initial application for fast-tracking shall include the
submission of architecturalpreliminary reliminary drawings of the conceptual -
plan and design (including at least ground plan dimensions and
building height) which shall not be altered at any later stage
except by express consent of the Building Commissioner . C429 -�
amd. Ord. # 81-2, 4/l/81. 1
30. "Flood" or "Flooding" shall mean a general and temporary
condition of partial or complete inundation of normally dry land
areas from the overflow of streams or rivers, or abnormally
l�
rising lake waters resulting from severe storms.
31. "Flood plain" or "Flood prone areas shall mean a land t�
area adjoining a river, stream, watercourse, bay or a lake which
is likely to be flooded.
32. "Flood hazard area" shall mean that maximum area of the
flood plain that, on the average, is likely to be flooded once
every 100 years ( i .e. , that has a one per cent chance of being 1,
flooded each year) and is delineated on the Flood Hazard Boundary
map issued by the Federal Insurance Administrator, Department of -
Housing and Urban Development. J
33 . "Flood plain management" shall mean the operation of an
overall program of corrective and preventive measures for
reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and land use and control• l
measures .
34. "Floodproofing" shall mean any combination of structural
and nonstructural additions, changes, or adjustments to properties
and structures which reduce or eliminate flood damage to lands,
water and sanitary facilities, structures, and contents of buildings.
35. "Floodway" shall mean the channel of a river or other water-
course and the adjacent land areas required to carry and
discharge the 100-year flood.
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ZONING § 30. 3
4
36. "Fraternity house, sorority house or group house" shall
r ' mean a multiple dwelling used and occupied by a cooperating group
of college or university students and containing and providing
domestic and social facilities and' services thereto.
_ 37. "Funeral home" shall mean a structure used and occupied by
a professional licensed mortician for burial preparation and
funeral services .
38. "Garage, private" shall mean an enclosed space for the
storage of one (1 ) or more motor vehicles, provided that no
business, occupation, or service is conducted for profit therein.
39. "Garage, private"* shall mean an enclosed space designed
primarily for repair and service of motor vehicles.
40. "Garden apartment shall mean a dwelling unit in a struc-
ture containing three (3) or more dwelling units which may share
one .or two (2) walls with other dwelling units or structures, the
distinguish-ing feature of such apartment being that it shall
have access to private or semi-private open space located on the
same premises.
41. "Gasoline service station" shall mean any area of land,
in-cluding structures thereon, that is used for, the sale of gaso-
line or any other motor vehicle fuel and may include oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for
Ilubricating, washing or otherwise servicing motor vehicles
excepting painting.
42. "Generally accepted standard" shall mean a specification,
code, rule, guide or procedure in the field of construction or
related thereto, recognized and accepted as authoritative.
Grade, finished shall mean natural surface of the.
43. ��
ground, or surface of ground after completion or** any change in
contour . abutting building or premises.
44. "Green area" shall mean that portion of any lot treated in
such a manner as to provide light, air, and landscaped open space
for the recreational and visual enjoyment of the occupants of any
l *So in original . Presumbly should be "public" .
**So in original .
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§ 30. 3 MUNICIPAL CODE
dwelling built on said lot. . Green areas may include lawns,
trees, shrubbery, garden areas, footpaths, play areas, fountains, I�
pools, watercourses, wooded areas, but shall not include required `
parking space and service areas, or vehicular surfaces other than
access drives which are not used for vehicular parking.
[Group Adult Day Care Facility. See 1 103, infra. ]
45. "Group care residence" shall mean a facility licensed, cer- j
tified, or otherwise authorized by a state health or welfare agency
to provide living quarters and supervisory care for persons with
physical, emotional, social or other developmental handicaps in a
residential atmosphere. Such a facility shall provide qualified i
supervision whenever one or more residents are present , and shall
have one or more resident supervisors . This category shall include
group homes, hostels, community residences for youth and adults,
and foster care homes certified for more than six (6) foster resi-
dents. It shall not include institutions whose primary purpose is iF
the medical treatment, remedial education, or civil restraint of the,
occupants, but group care residences may contain limited facilities
for physical, emotional or occupational therapy as appropriate to
the purpose of the facility. A characteristic of such facilities
shall be the presence of common cooking, dining and social areas .
46. "Habitable space" shall mean space occupied by one or more
persons for living, sleeping, eating or cooking . Kitchenettes
shall not be deemed to be habitable space. (See "Nonhabitable
space" , "Public space" , and "Exit" . ) -�
47. "Height of building" shall mean the vertical distance mea-
sured from average finished grade level to the highest level of a
flat or mansard roof, or to the average height of a pitched,
gabled, hip or gambrel roof, excluding bulkheads, housing for
mechanical equipment, towers, and similar constructions not
intended for human occupancy, or necessary equipment carried
above roof level . Where a building contains sections of a roof of
varying heights, the height of that building shall be measured -
using that section of the roof that has the highest elevation
from average finished grade level . The average finished grade
level shall be determined from a datum established by the average
elevation of the finished grade adjoining the exterior walls of t
ij
Supp. #15, 5/2/90 30.8-d
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ZONING § 30. 3
�\ -2 4 1
the building. [1f47 amd. Ord #81 81; Ord. #89-12, 9/6/89 . 3
/ /
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FftgCA+eb GOL►be
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�ue�c�e
GrADe L&Vr-.
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i
III. Height of building.
48. "Home occupation" shall mean a subordinate use of a non-
residential nature which is conducted within a dwelling unit, ' or
building accessory thereto, by an occupant of the dwelling unit,
which is clearly incidental and accessory or secondary to the use
of the property for residential purposes, and which meets the
following additional conditions:
a. The occupation or activity shall be carried on wholly
within the principal building "or within a building or
other structure accessory -thereto. (See definition of
"Accessory building" . )
�- b. Not more. than two (2) persons outside the resident house-
hold shall be employed in the occupation.
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§ 30. 3 MUNICIPAL CODE
C. There shall be no exterior display or sign except' as per-
mitted under Chapter 34 of this Municipal Code, no exterior i +
storage of materials and no other exterior indication of
the home occupation or variation from the residential
character of the lot or' of the surrounding neighborhood.
d. No offensive odor, noise, vibration, smoke, dust, heat or
glare shall be produced. (See § 30.40 of this Chapter . )
e. The home occupation shall not generate traffic in any
greater volume than would normally be expected in a resi-
dential neighborhood, and any need for parking generated by -
the occupation shall be met off the street and in accor-
dance with the regulations of Section 30. 37 of this
Chapter. `j
In particular, a home occupation includes, but is not limited
to the following: art studio, dressmaking, teaching (with musi- `--
cal instruction limited to a single pupil at a time) , and the
professional office of a lawyer, engineer, architect, real estate
broker or insurance agent within a dwelling occupied by the same.
49. "Hotel" shall mean a building containing rooms occupied for
sleeping purposes by guests and where a general kitchen and
dining room are provided within the building or in an accessory
building.
i
50. "Infestation" shall mean the presence, within or contiguous
to a dwelling, dwelling unit, rooming house, rooming unit, or
premises, of insects, rodents, vermin, or other pests . 1
51. "Junk yard" shall mean a lot, land or structure, or part
thereof, used for the collecting, storage, or sale of waste paper,
rags, sciap metal or discarded material, or for the collecting, -}
dismantling, storage or salvaging of machinery or vehicles not in
running conditions or for the sale of parts thereof .
52. "Kitchen" shall mean space, sixty square feet or more in
floor area, with a minimum width of five (5 ) feet, used for
cooking or preparation of food. l
U
53. "Kitchenette" shall mean space, less. than sixty square feet
in floor area, used for cooking or preparation of food.
54. "Landmark" shall mean a natural or manmade feature of the
i,
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ZONING § 30. 3
City of Ithaca so designated by the Common Council, deserving
? special recognition and protection for its historic, cultural or
esthetic value, as further described in Chapter 32 of this
Municipal Code.
55. "Landmark district" shall mean an area of the city, so
designated by the Common Council, containing-. one or more land-
marks .
t ,
[Next page is 30.91
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ZONING § 30. 3
AVON
56. "Lot" shall mean a portion or parcel of land considered as
a unit, devoted to a certain use or occupied by a building or a
group of buildings that are united by a common interest or use,
and the customary accessories and open spaces belonging to the
same.
57. "Lot, building" shall mean a parcel of land occupied or
to be occupied by one or more buildings and any accessory 1 (
buildings, together with such open spaces as are required under
the provisions of this Chapter, having not less than the minimum
area and width required by this Chapter for a lot in the district
in which such land is situated, and having frontage on a street
or 'on such other means of access as may be determined in accor-
dance with the provisions of law to be adequate as a condition of j
the issuance of a building permit for a building on such land.
58. "Mixed occupancy" shall mean occupancy of a building in
part for residential use and in part for some other use not
accessory thereto.
59. "Mobile home" shall ' mean a transportable, single-family
; c
dwelling" unit suitable for year-round occupancy and containing i
Uthe same conveniences as immobile housing with respect to water .
supply, light, heat, power, and waste disposal . A mobile home is
a portable unit designed and built to be towed 'on its own chassis
comprised of a frame and wheels, connected to utilities, and
designed without a permanent foundation for year-round living . A
unit may contain parts that may be folded, collapsed or
telescoped when being towed and expanded later to provide addi-
tional cubic capacity as well as two (2) or more separately
towable components designed to be joined into one (1 ) integral
unit capable of being again separated into the components for _1
repeated towing. Mobile units can be designed to be used for
residential units excluding, however, travel trailers, motorized ll
homes, pick-up coaches and camping trailers . (See also "Trailer �J
or Travel trailer." )
60. "Mobile home park" shall mean a parcel of land under
single ownership which has been planned and improved for the pla-
cement of mobile homes for nontransient use . consisting of not f
less than five (5 ) acres and not less than twenty-five ( 25 )
mobile home lots. (See also "Trailer camp. " )
61. "Motel" or "Boatel" shall mean a building or group of ;J
buildings, whether detached or in connected units, designed and
Supp. #15, 5/2/90 30. 9
§ 30. 3 MUNICIPAL CODE
used as individual sleeping units primarily for transient automo-
bile or boat travelers and providing accessory off-street parking
facilities.
}' 62. "Municipality" (or "City") shall mean the City of Ithaca,
�- in the County of Tompkins, in the State of New York.
63. "Neighborhood commercial facility" shall mean a retain or
service facility catering to the day-to-day commercial needs of
_ the surrounding neighborhood. Such facility shall be limited to
the retail sale of convenience goods such as groceries, phar-
maceuticals and sundries, and to personal service facilities such
as barber and beauty shop, self-service laundromat, and dry
cleaning establishment.
64. "Neighborhood house ' or, center" shall mean a neighborhood
recreation and/or neighborhood service facility open to and pro-
viding programs for neighborhood residents.
65. "Non-conforming building, structure or lot" shall mean a
j building, structure or lot or record legally existing at the time
of enactment of this Chapter, or any subsequent amendment, which
does not conform to the minimum parking or dimension requirements
for the district in which it is located.
66. "Non-conforming use" shall mean a property use of record
legally existing at the time of enactment of this Chapter, or any
9 Y 9
subsequent amendment, which does not conform to the use regula-
tions of the district in which it is situated.
67. "Nonhabitable space" shall mean space used as kitchenet-
tes, pantries, bath, toilet, laundry, rest, dressing, locker ,
storage, utility, heater, and boiler rooms, closets and other
spaces for service and maintenance of the building, and those
spaces used for access and vertical travel between stories . (See
definitions of "Habitable space," "Public space, " and "Exit . " )
68.. "Nursery school" shall mean a facility designed to provide
daytime care or instruction for two (2) or more children from two
(2) to five (5 ) years of age inclusive, and operated on a regular
basis .
[ "Occupant" , see 1 104, 2nd so numbered, infra. ]
69. "Parking area" shall mean:
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30. 3 MUNICIPAL CODE
a. Employee,• customer and/or public parking. All or part
of a lot or structure devoted to parking of motor
vehicles for occupants of or visitors to adjoining or .
nearby buildings.
b. neighborhood parking. All or part of a lot or struc-
ture devoted to parking of motor vehicles for occu-
pants of adjoining or nearby dwellings and their -
guests, exclusively, which may be rented to such resi-
dents. Nearby dwellings shall constitute those
dwellings within five hundred (500) feet of the boun-
daries of the parking lot.
c. private parking. •An area or structure, or portion of
a structure, devoted to parking of motor vehicles by u
the occupants of a dwelling located on the same
building lot.
70. "Parking space" shall mean one (1 ) off-street parking
space available for parking of one (1 ) motor vehicle and having
an area of not less than one hundred eighty (180) square feet
exclusive of passageways and driveways appurtenant thereto and
giving access thereto. (See Illustration IV) .
71. "Pedestrian way" shall mean a public right-of-way pri-
marily for pedestrians from which all motor vehicles are barred.-
[Next page is 30. 113
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ZONING § 30 .3
( 72. "Plumbing system" shall mean the
water supply system, the drainage system,
the vent system, fixtures and traps.
including their respective connections,
devices and appurtenances within the
property lines of the premises. J 7
73. "Potable water" shall mean water MIN. M,
which is approved for drinking, culinary
and danestic purposes.
74. "Premises" shall mean a portion or
parcel of real property including appurte-
nances and improvements therein used and
devoted to a cannon use or facility.
RA"We OrACEr
75. "Public space" shall mean space fSo gvunKe Pe. r Mw.
within a residential building for public
use such as lobbies, lounges, reception,
fball, meeting, lecture and recreation . STk�CT
roans; banquet and dining roans and
t- their kitchens, and swanning pools. Ill. IV. Parking space.
76. "Rooming house" shall mean one or more rooms'designed or used
for living quarters by one household, which may or may not include
separate sanitary facilities, and which must include either com-
plete kitchen facilities or a separate entrance from the outside of
the building or through a common hall. (See also "Boarding House" . )
77 . "Rooming unit" shall mean one or more rooms designed or
used for living quarters by one household, which may or may not
include separate sanitary facilities, . and which must include
either complete kitchen facilities or a separate entrance from
the outside of the building or through a common hall .
78 . "School" shall mean a public, private or church-affiliated
establishment, for the education at all levels of children and/or
y adults in subjects or skills . [Amd. Ord # 85-14, § 2, 11/6/85 . 1
79 . "Service area" shall mean paved, enclosed or visually
screened areas which are used for maintenance or service purposes.
80 . "Sewage" shall mean liquid waste containing animal or
vegetable matter in suspension or solution, and which may include
industrial wastes and liquids containing chemicals .
F
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§ 30.3 MUNICIPAL CODE
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81 . "Sign, advertising" shall mean any material, symbol, emblem,
structure or device, or part thereof, composed of lettered or pic-
torial matter, or upon which lettered or pictorial matter is placed -
when 'used or located out-of-doors or outside or on the exterior of
a building, including exterior and interior window surfaces, for'.dis-
play of an advertisement and includes sign frames, billboards, sign
boards, painted wall signs, hanging signs, illuminated signs,
pennants, fluttering devices, projecting signs or ground signs, and
i
shall also include any announcement, declaration, demonstration, dis-
play, illustration, or insignia used to advertise or promote the
interests of any person or business when the same is placed in F
the view of the public.
82 . "Special permit" shall mean the written authorization by the
Board of Appeals to permit in a given district a property use which,
because of its nature, location, or effect on the surrounding neigh-
borhood, warrants special evaluation of each individual case.
t
83 . "Story" shall mean the portion of a building which is between
one (1) floor level and the next higher floor level or the roof. If
a mezzanine floor area exceeds one-third (1/3) of the area of the
floor immediately below, it shall be deemed to be a story. A base-
ment shall be deemed to be a story when, its ceiling is six (6) or
more feet above the finished grade. A cellar shall not be deemed a
story. 'An attic shall not be deemed to be a story if unfinished j
and without human occupancy.
84. "Structure" shall mean an assembly of materials, forming a
construction framed of component structural parts for occupancy
or use, including buildings .
85 . "Theater" shall mean a structure or part of a -structure _
devoted to showing moving pictures or stage productions .
86 . "Toilet room" shall mean enclosed space, containing one or
more water closets, which may also contain one or more lava-
tories, urinals, and other plumbing fixtures. (See "Bathroom. " )
•
87 . "Tourist home" shall mean a dwelling in which overnight ac-
commodations are provided or offered for transient guests for com-
pensation, but such use is secondary to the occupancy of the dwelling
by a family. (See also "Boarding house, " "Rooming house. " )
88. "Town house" shall mean a dwelling unit sharing a minimum of
one (1 ) and a maximum of two (2) walls with an adjoining -dwelling
unit and having direct exterior access from the ground floor.
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ZONING § 30.3
> 89. "Trailer or travel trailer" shall mean a portable unit designed
and built to be towed by an automobile, which can be-operated indepen-
dently of utility connections, is limited in width to eight (8) feet,
in length to thirty-two (32) feet, and is designed to be principally
used as a temporary dwelling. ' It shall, for the purposes of this
s Chapter, also include motorized homes, pick-up coaches and
camping trailers. (See also "Mobile home. " )
90 . "Trailer camp" shall mean a parcel of land under single
ownership which has been planned and improved. for the temporary
placement of travel trailers for transient use consisting of not
less than five (5) acres and not less than twenty-five (25)'
( trailer lots. (See also "Mobile home park. " )
( 91 . "Transfer station for recyclable materials" shall mean a
completely enclosed facility for sorting 'and/or packaging of
glass, paper and other light recyclable materials. Further pro-
cessing of these materials is not allowed in said station.
92 . "Use" shall mean the specific purpose for which land or a
building is designed, arranged, intended, or for which it is or '
may be occupied or maintained.
Ir 93 . "Variance" shall mean the authorization by the Board of
Appeals to vary or modify the application of any of the regula-
tions ' or provisions of this chapter relating to the use,
' .� construction, structural changes in, equipment, or alteration of
buildings or structures, or the use of land, pursuant to
1 Subdivision 4 of Section 81 of the General City Law. A "use
variance" will refer to a modification of the use of the struc-
ture or land, whereas an "area variance" (formerly called
"exception" ) will refer to changes in lot size, yard size,
building coverage, building height, off-street parking, etc. as
set forth in § 30 .25 hereunder.
94. "Ventilation" shall mean supply and removal of air to and
from a space by natural or mechanical means.
- ' 95 . "Ventilation, mechanical" shall mean ventilation by power-
driven devices.
96. "Ventilation, natural" shall mean ventilation by opening
to outer air through windows, skylights, door, louvers, or stacks
with or without wind-driven devices.
97 . "Yard" shall mean that part of a lot not occupied by the
principal building or structure and which shall not be occupied
by any other building or structure from 'the gound upward unless
specifically authorized in this chapter or other provisions of
the City of Ithaca Municipal Code.
*So in original .
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§ 30.3 MUNICIPAL CODE - '�
a. "Front yard" shall mean an open space extending the
full width of the lot between a main building and the '
front lot line, 'unoccupied and unobstructed b __�
P Y �
buildings or structures from the ground upward, the
depth of which shall be the least distance between the
front lot line and .the front of such main building. J
b. "Side yard" shall mean an open space extending from the
front yard to the rear yard between any building and -J
the side lot line, unoccupied and unobstructed by
buildings or structures from the ground upward. The i
required width of side yards be measured horizontally
from the nearest point of the side lot line to the
nearest part of any building.
C. "Rear yard" shall mean an open space extending the full
width of a lot between the rearmost main building and
the rear lot line, unoccupied and unobstructed by
buildings or structures from the ground upward except
as hereinafter specified, the depth of which shall be
the least distance between the, rear lot line and the
rear of such main building.
, l
f
REAK YAKD
i
YARp War-
YA1cD
�2oN �
' T r
YAKp , -
s�rRecT
I11 . V. Yards .
Supp. #11, 5/7/86 . 30 .14
- i
44 �
� i ZONING § 30. 3
98. "Lumberyard" shall mean any establishment maintaining on
its premises for sale to the public more than 100, 000 board feet
of lumber or other forest products.
99. Previously developed vacant lot or parcel: A lot or par
-
cel .of land upon which one or more buildings have been erected at
some time in the past, but upon which no buildings now stand.
[4. 99 added Ord. #85-5; 5/l/85. 1
100. "Community or Neighborhood Garden" shall mean an area used
by several individuals or families, operating in association with
each other or under sponsorship by a non-profit or voluntary
F organization, for seasonal production of vegetables and other
garden produce for home consumption by the individuals or fami-
lies directly engaged in such production. [Added Ord #85-6, § 1,
7/10/85 . 1
101 . "Adult Day Care" shall mean provision of daytime care to
adults whose ability to independently perform the normal activi-
ties of daily life is limited by age or by physical or other im-.
pairment but who do not require the level of care provided by
r`a nursing homes or medical facilities .
i
102 . "Adult Day Care Home" shall mean a dwelling unit in which
adult day care is provided to not more than six (6) adults at one
` time, by a resident of the dwelling.
103 . "Group Adult Day Care Facility" shall mean any habitable
structure or habitable part of any structure in which Adult Day
Care is provided
(a) to more than six- (6) adults at one time, or
(b) to more than two (2) adults when such day care is not
conducted by a resident of the facility. [19 ' s 101 ,
102 & 103 added Ord #87-13, 5/6/87. 1
104. "Cluster Subdivision" shall mean a subdivision in which
limited deviations from the regulations of a zoning district in
which it is built are permitted in accordance with the provisions
of Section 30.28 of the Municipal Code. [4 104 added Ord #89-20
2/l/89 . ]
[Next page is 30. 15]
Supp. #14, 4/24/89. 30. 14-a
ZONING § 30. 22
t )
ARTICLE II
ZONING DISTRICTS
�J
§ 30.21 Establishment of Zoning Districts
For the purposes specified in Article I of this Chapter, the
City is hereby divided into the following districts:
R-la Residential
R-lb Residential
R-2a Residential
R-2b Residential
R-3a Residential
R-3b Residential
R-U Residential
B-1 Restricted Business
B-2 General Business
B-3 Central Business
B-4 Service Business
B-5 Service Business � 1
FW-1 Floodway Zone (see § 30.44
FH-1 Flood Hazard Zone (see § 30.44)
I-1 Industrial
M-1 Marine Commercial S
P-1 Public and Institutional
MH-1 Mobile Home
C-SU Courthouse Special Use (see § 30.60) [Added Ord.
#80-11, 10/1/80. 1
- f
§ 30. 22 Zoning Map
A. Districts are bounded as shown on a map entitled "Official 7
Zoning Map of the "City of Ithaca, New York" adopted on May 25,
1977 which accompanies and which, with all explanatory material
thereon, is hereby made a part of this Chapter . [The Zoning Map
was amended by Ord. # 84-9, 6/6/84. See the revised Zoning Map.
The Zoning Map was amended in 1986 by Ord. #86-10, 10/1/86, (see
p. 10 of Council Minutes) . It was amended in 1987 by Ord. j
#87-4, 2/4/87 (see Council Minutes p. 12) and Ord. #87-5, 2/4/87
(see Council � Minutes p. 13) ; Ord. #87-28, 12/2/87; Ord. #88-5,
9/7/88; Ord. #89-3, enacted 2/3/89 and published 2/7/89; Ord. i
#89-7, 5/3/89. For full description of amended map see copy in
Clerk' s office. ]
B. The City Planning and Development Board shall prepare,
i
Supp. #14, 4/24/89. 30. 15
1 �
Ar
I
(_ y § 30.22 MUNICIPAL CODE
maintain, and keep current the Zoning Map in ' accordance with
amendments made thereon pursuant to action of the Common Council.
C.. The Zoning Map shall periodically be certified as correct
by the City Clerk.
f
t '
§ 30.23 Interpretation of district boundaries
dl Where uncertainty exists with respect to the boundaries of the
aforesaid districts as shown on the Official Zoning Map, the
following rules shall apply:
A. Where district boundaries are indicated as approximately
j following the center lines of streets or highways, street lines,
or right-of-way lines, such lines shall be construed to be such
boundaries .
r-
B. Where district boundaries are so indicated that they
approximately follow the existing or former lot lines, such lot
I
lines shall be construed to be said boundaries .
C. Where district boundaries are so indicated that they are
approximately parallel to the center lines of streets, right-of-
way lines of highways, or other such, lines, such district boun-
daries shall be construed to be parallel thereto and at such
distance therefrom as indicated on the Official Zoning Map.
D. Where the boundary of a district follows a railroad line,
E
such boundary shall be deemed to be located in the middle of the
main tracks of said railroad.
E. Where the boundary of a district follows a stream, lake or
other body of water under public jurisdiction, said boundary line
shall be deemed to be at the limit of the jurisdiction, unless
otherwise indicated.
§ 30. 24 Application of regulations
Except as hereinafter provided:
A. Compliance with district regulations .
No building or land shall hereafter be used or occupied and no
building or part thereof shall be erected, moved or altered
unless in conformity with the regulations herein specified for
1 Supp. #14, 4/24/89 . 30. 16
ZONING § 30. 25 I4
the district in which it is located.
B. Use of yard for another building. t-j
No part - of a yard or other open space about any building '
required for the purposes of ' complying with the provisions of
this Chapter shall be included as a part of a yard -or other open
space similarly. required for another building. fI`
§ 30. 25 District regulations
7
A. The District Regulations Chart is hereby made a part' of r
this Chapter . Column heads on the District Regulations Chart are
defined as follows:
Column 1: District. This column lists the use districts
described in § 30.21.
Column 2: Permitted Primary Uses. Uses which are permitted in
each use district are listed; subject to the further regulations
in this section and of Article III .
�`. Column 3: Permitted Accessory Uses . Uses permitted to be r
accessory to the main use of the premises are listed, subject to �J
the further regulations of Article III .
• 1 �
Column 4: Off-street Parking Requirements . The off-street
parking spaces listed in this column shall be provided for each
building hereafter erected or altered. In addition, see Article f
III and § 30. 37. E
Column 5: Off-street Loading Requirements. The off-street
loading spaces listed in this column shall be provided for each
building hereafter erected or altered. In addition, see Article
III and § 30.38. '
Column 6: Minimum Lot Size. "Area in square feet . " Lots
hereafter used for a permitted use in each use district shall be )_ I
of a size equal to or greater than the total square feet indi-
cated in this column, , subject to the further regulations of
column 7 of the District Regulation Chart, and of Article III .
,I
Column 7: Minimum Lot Size. "Width in feet at street line. "
Lots hereafter used for a permitted use in each use district
whall have frontage "Isaeused an a puialta rightwofmWay equal to or
Supp. #14, 4/24/89. 30. 16-a { �
r �
J
ZONING § 30. 25
greater than the width specified in this column, subject to the
further regulations of Column 6 of the District Regulation Chart,
and of Article III .
a Column 8: , Maximum Height of Building. "Number of stories. "
Buildings hereafter erected shall be limited to the number of
stories herein specified, computed at the main entrance side.
4 ' Construction must comply with construction code standards.
Column 9: Maximum Height of Building. "Height in feet."
Buildings hereafter erected shall be limited in height as spe-
cified herein. Where the maximum permitted height in feet would
permit a number of stories greater than specified in Column 8 the
maximum number of stories shall govern the height of the _
building, subject to the further regulations of Article III .
{ Column 10: Maximum Percentage of Lot Which May Be Covered By
L7 Buildings. On a lot hereafter used, no greater percentage of the
total lot area may be covered by principal and accessory
buildings than is specified in this column. In applying lot
coverage percentages to an addition to an existing building when
part of such addition is on land not originally part of the sub-
ject premises, such total addition shall be considered - as a
separate building on the added land, and the lot coverage shall
-q apply -to the addition and not to the total structure.
l :
Column 11: Yard Dimensions . Front Yard. "Required minimum. "
Front yard shall be not less than the figure listed herein, which
figure shall be deemed to be the minimum front yard depth per-
mitted in the district .
Column 12: Yard Dimensions. Side Yard. "One side at least . "
Buildings hereafter altered or erected in each district must be
located so that one side yard will be at least as wide as spe-
cified in this column, subject to the further regulations of
Column 13.
Column 13: -Yard dimensions . Side Yard. "Other at least . "
Buildings hereafter erected in each use district must have two
side yards as specified in this column and Column 12. One side
yard shall be at least as wide as specified in this column, sub-
ject to the further regulations of Column 12.
Column 14: Yard dimensions . Rear Yard. Subject to the provi-
sions of the following paragraph, buildings hereafter erected in
Supp. #14, 4/24/89. 30. 17
i
§ 30. 25 MUNICIPAL CODE
each district must have a. rear yard of at least the depth which -�
is the percentage figure listed in this column. Such percentage
shall be taken of the lot depth. If the two side lot lines are
of unequal lengths, the rear yard percentage shall be taken of
the average of the two lengths . (See Illustration VI below)
La��AN&X� r- � cam+ sTreeT 1
d' ''F+rw�� YARD MrT14 1
OTAT00 % OF L.
(MCM COL. 14) r
' MAR YARD
_ stop_ SIDS '
+'XONT YARD
9TItLMeT
STReET
Ill . VI . Rear yard - 7a lot Ill. VII. Through-block lot. i
depth.
- i
In applying the lot depth percentage of this Column (see pre-
vious paragraph) , no rear yard shall be required which is a
greater number of feet in depth than the maximum footage figure
listed in this column. However, rear yards of . a greater depth
shall not be prohibited.
L�I
For some districts the required rear yard dimensions are stated
in terms of minimum footage requirements . In those cases the
percentage lot depth and maximum footage figures do not apply.
On a corner lot or through-block lot the yard on the opposite i
side of the lot from the street whose address the lot bears shall
s �
Supp. #14, 4/24/89. 30. 18
( � ZONING § 30. 25
be designated as rear yard. (See Illustration VII, above)
� r
� A B. General Notes pertaining to Regulations:
a 1. For minimum lot size requirements stated in Column 6 (Area
in Square Feet) for all residential use districts, each square '
footage requirement applies separately to the initial permitted
primary use and to each additional' permitted primary use located
in a separate building on the property in question (e.g. , in R2b
�- districts, an area of 3, 000 square feet is required for a one-
family house or a two-family house and an additional area of
3, 000 square feet is required for each additional one-family
house or two-family house on the property. )
2. Land filling and bulkheading plans and procedures shall be
subject to approval of the Board of Public Works .
3. Regulations, standards and permitted uses are generally
cumulative, except for the -P-1, FW-1, and MH-1 districts and
f1, except - where otherwise indicated by specific prohibition or
omission.
i 4. Where a variance or special permit is required, or where
special conditions apply, to allow in one district a use which - is
permitted by right in another district, the regulations applying
l to such use shall be those of whichever district has the stricter
regulations, unless otherwise determined by the Board of .Zoning
i- y Appeals.
5. All uses permitted or allowed in any district shall conform
to the General Performance Standards as set forth in § 30.40.
6. Any use 'permitted under this Ordinance shall, if located
( within the FH-1 , Zone, meet the requirements of Section 30.44 in
+ addition to those otherwise applicable to it under district
regulations.
s 7. In R-1 and R-2 districts, minor dependent children in the
care of a parent or relative shall be excluded in determining the
number of unrelated occupants in a dwelling unit.
8. In all districts where multiple dwellings are permitted,
each multiple dwelling shall be required to have a rear yard of
at least twenty (20) feet in depth. (This requirement has been
imposed so that these structures comply with the New York State
Supp. #14, 4/24/89. 30. 19
§ 30. 25 MUNICIPAL CODE i
Uniform Fire Prevention and Building Code) .
9. In all districts, the New York State Uniform Fire s
Prevention and Building Code may impose additional requirements
pertaining to the location of a structure on a parcel of property
including, for example, additional building setback requirements.
10. All columns established by this section are subject to the i
supplementary regulations stated in Article III of this
ordinance. [§ 30. 25 amd. Ord #88-7, 9/7/88. ]
§ 30. 26 Standards for special conditions and special permits
A. Intent
The intent of this section is to set forth additional regula-
tions and conditions which shall apply to certain land uses and !
activities which are incongruous or sufficiently unique in terms ?
of their nature, location and effect on the surrounding environ-
ment and the quality of the community to warrant special eva-
luation of each individual case.
B. Special Conditions ?
The Building Commissioner shall approve the following uses only
when the special conditions specified in this sub-section have r
been met. +
Group care residence (See definition, § 30. 3 ) : The Building
Commissioner shall be . satisfied that the facility meets the
applicable building codes and, in addition, fulfills the
following conditions :
1. License or other authorization from the appropriate state
agency or agencies.
2. Controls to promote geographic dispersion:
k__'
[Next page is 30. 20-a]
Supp. #14, 4/24/89. 30. 20LJ
�
i
i
ZONING § 30. 26
a. Must be at least 400 '
from any other group care
C%WUF CAM
j residence, measured on a
straight line from the
9
I� nearest property line to
' K *=T the nearest property line.
b. No more than one (1 )
such residence to be
located on a given block
'f accx rNoe 'e t '►cT y.. :.?:.. face.
_ - C . No more than 2 5% of
T
I '� the total number of group
care residences in the
j I city shall be located in
Ill. VIII. A Block face. any one planning neigh-
borhood, as defined in the
General Plan.
3. Density
controls at indi-
vidual facility level :
TOTAL AREA IN WIDTH IN FT. MAXIMUM NO.
DISTRICT SQUARE FT. AT STREET LINE SIDE YARDS OF RESIDENTS
R-la 10, 000 for first 75 20 - 20 8
6 residents
+ 1, 000 for each
add' l resident
i R-lb 6, 000 for first 60 15 - 15 8
6 residents
+ 1, 000 for each
f add' l resident
( R-2a 5, 000 for first 50 15 - 10 10
6 residents
+ 1, 000 for each
add' l resident
R-2b 3, 000 for first 40 10 - 10 10
`r 6 residents
+ 1, 000 for each
add' l resident
Supp. #14, 4/24/89. 30. 20-a
h -
§ 30. 26 MUNICIPAL CODE
TOTAL AREA IN WIDTH IN FT. MAXIMUM NO.
DISTRICT SQUARE FT. AT -STREET LINE SIDE YARDS OF RESIDENTS
R-3a 5, OOO for first 50 15 - 10 12
8 residents <�
+ 1, 000 for each
add' l resident
R-3b 3, 000 for first 40 10 - 10 12 I �
8 residents
+ 1, 000 for each
add ' l resident
R-U 10, 000 for first 75 20 - 20 8
6 residents
+ 1, 000 for each
add' l resident
r
[Next page is 30. 211
f +
-
Y
I
�f
Supp. #14, 4/24/89. 30. 20-b
1 `
4
ZONING § 30.26
4. Parking requirements:
Off-street parking as required for other residential uses,
except where residents are not permitted to own or operate motor
vehicles, in which case one space shall be provided for each
single residential supervisor or married couple of supervisors,
with a minimum of two spaces in any case.
t '
5. Signs:
j As- permitted by sign ordinance.
Development in R-3 districts which abut R-1 districts
The development of any permitted use in the R-3a or R-3b zoning
districts except a one-family dwelling or a two-family dwelling
shall be subject to the following special conditions if the land
l on which the development occurs directly abuts land in either the
. R-la or R-lb zoning districts:
1 . Minimum Lot Size, Area in Square Feet - The required area
in square feet needed to satisfy the minimum lot size requirement
shall be one hundred and fifty (150) percent of .the requirement
-� shown .on the District Regulations Chart for the R-3a or R-3b
district.
2 . Maximum Building Height - The maximum building height
requirement shall be the same as the requirement in the abutting
R-la or R-lb district.
3 . Maximum Percent Lot Coverage By Buildings - the maximum
percent lot coverage by building shall be seventy-five (75) per-
cent of the requirement shown on the District Regulations Chart
�- for the R-3a or R-3b district.
4. Yard Dimensions, Side or Rear Yards - the minimum required
side or rear yard requirement shall be one hundred and fifty
j (150) percent of the requirement shown on the District
Regulations Chart for the R-3a or R-3b district, if the side or
rear yard abuts land in the R-1a or R-lb districts. [Unlettered
"Development etc. , " added Ord. #87-7, 2/4/87. 1
pr C. Special permits.
i
1 . Applicability.
! Supp. #12, May 7, 1987 30.21
§ 30.26 MUNICIPAL CODE
• a Y
t
The uses listed under district regulations in § 30. 25 which '
require a special permit from the Board of Appeals are as follows:
a. Cemetery in all districts.
b. Public utility facilities in all residential districts.
C. Private school in all residential districts. -4
d. Nursery School or child day care center in R-2 and R-U
districts.
e. Neighborhood retail or service commercial facility in R-2
and R-3 districts.
f. Hospital or sanatorium in R73 district.
g. In P-1 districts, within two hundred (200) feet of
adjoining residential districts, any use other than
public recreation, classrooms, or living accommodations.
In such P-1 districts, living accommodations within two c
hundred (200) feet of adjoining residential districts
shall conform to the use and area regulations applying to
the strictest of such adjoining residential districts.
h. Signs in all districts, as provided in the Sign
Ordinance. . [Subpar h amd. Ord. # 81-2, 4/1/81 . 1
i. In FH-1 district, all new construction, improvements, ,
alterations and repairs (See § 30.44) .
j. Home occupations in R-2 districts. [Subparagraph j added
Ord. # 81-2, 4/1/81 . 1
k. Towers or structures for the transmission or receipt of
radio or other electronic communications. signals in any
district for commercial or business-related purposes.
[Subparagraph k added Ord. # 81-2, 4/1/81 . 1
1. Towers or structures intended for use in the generation
of electricity for the premises on which such tower is
located in any district. [Subpar 1 added, Ord. # 81-21
4/1/81 . ]
M. Community or neighborhood gardens in all districts.
Supp. #12, May 7, 1987 30. 21-a
ZONING § 30.26
[Subpar m added Ord # 85-6, § 3, 7/10/85. 1
n. Residential occupancy by a Functional Family Unit in all
districts to the same extent that residential occupancy
(j without a special permit is permitted by a family in all
! ! districts. [Added Ord. #87-2, 2/4/87. ]
n. Group Adult Day Care Facilities in R-2 districts. [Added
I � Ord. #87-13, 5/6/87, second so lettered. ]
r ; 2. Required plan.
(i) A plan for the proposed development of a site shall be sub-
mitted with an application for a special permit. The plan shall
generally conform with the requirements for presentation of plans
set forth in the Subdivision Regulations of the City of Ithaca. It
shall show parking areas, traffic areas, landscaping, building
arrangement, height and number of stories of building, topography,
and other pertinent information that may be required by the Board
of Appeals.
(ii) In addition to the plan requirements set forth in subsec-
tion (i) , above, an applicant for a special permit for a school
or related use must provide the following information: Information
on the nature of the proposed uses to be conducted or facilities to-
be located on the premises, including but not limited to courses of
study and subjects to be offered, size and composition of the student
body to be accommodated, size of faculty and staff required, daily
� ! hours of operation and annual periods of operation, and type and
-� location of support facilities required; information concerning
the type and number of living .accommodations which may be required
to serve any increase in the institution's enrollment resulting
from the proposed action, including the location and availability
of those accommodations; documentation of this evaluation of
suitable alternative sites for the proposed activity, together
- with reasoning supporting its preference for the site for which a
special permit is sought; detailed information on the occupant
I load, night operation, and use of chemical, biological or
radioactive agents expected in connection with the proposed acti-
vity. [Subseco ii added Ord # 85-14 § 3, 11/6/85. 1
[Next page is 30. 21-b. ]
L !,
Supp. #12, May 7, 1987 30. 21-a. 1
E
ZONING § 30 .26
3. Standards applicable to all uses requiring special permits.
� 1
No special permit shall be recommended by the Planning and
Development Board or granted by the Board of Appeals unless the
proposed use or activity meets the following requirements: `
a. The location and size of the use, the size of the site in
relation to it, and the location of the site with respect
to the existing or future streets giving access to- it,
shall be such that it will be in harmony with the
existing or intended character of the neighborhood and
will not discourage the appropriate development of adja-
cent land and buildings or impair the enjoyment or value
thereof.
b. Operations in connection with any special use shall not
be more objectionable to nearby property by reason of
noise, fumes, increased vehicular traffic or parking,
demand, vibration, or flashing lights, than would be the
operations of any use permitted without special permit.
4. Specific standards applicable to certain uses requiring spe-
�: cial permits .
Certain uses listed in the district regulations in § 30 .25 as
requiring a special permit must conform to the applicable con-
ditions set forth in this subsection.
(i) Neighborhood retail or service commercial facility in R-2
and R-3 districts:
a. The applicant must furnish information as to the specific
goods or service offered and the nature, size and hours
of operation of the facility proposed, in sufficient
detail to enable the Board of Appeals to determine
whether the use conforms to the limitations specified in
the definition of this category (See § 30 .3) .
b. Before hearing the appeal, the Board must have written
response on the proposal from a majority of those notified
by the appellant as required in the procedures set forth
in § 30 .58. This response, as well as that expressed at
the public hearing, should be a principal factor in the
Board' s decision to grant the special permit.
Supp. #11 , 5/7/86. 30 .21-b
3.
i
4
i
§ 30.26 MUNICIPAL CODE
I
(ii) Towers or structures for the transmission or receipt of
i electronic 'communications signals in connection with any commer-
cial or business enterprise, in any zone:
a. Applicants must furnish information on the nature of the
business requiring such means of communication, inclu-
ding reasons why such tower or structure must be located
on the premises in question.
b. Applicants shall furnish the Board of Zoning Appeals with
scale drawings of the proposal, including as a minimum a
plot plan of the premises involved showing lot lines and
the accurate locations of all buildings or structures on
the premises and on each adjacent lot, as well as the
locations of the proposed tower and all guy wires, poles
or anchors; and a sketch elevation ,of the premises accura-
tely depicting the proposed tower and its relationship to
structures 'on the premises and to the nearest struc-
tures on adjacent lots.
c. Applicants shall provide sufficient information,
including manufacturer ' s specifications or engineering
data, - to assure the Board that the proposed tower or
structure will not unnecessarily obstruct the view from
neighboring properties, that the tower support system
meets manufacturer' s specifications or engineering
requirements, and that the tower and its supports will be
adequately safeguarded against structural damage by per-
sons or vehicles, and against unauthorized climbing.
i d. Before hearing the appeal, the Board must have written
i response on the proposal from a majority of those notified
by the appellant as required in the procedures forth in
§ 30 .58 . This response, as well as that expressed at the
public hearing, should be a principal factor in the
Board' s decision to grant the special permit.
Towers or structures for use in the generation of.
electricity for use on the premises where such tower or structure
F; is located, in any district:
a. Same as b. for radio towers, above.
1c
b. Same as c. for radio towers, above .
C. Applicants shall furnish the Board with sufficient
Supp. #11 , 5/7/86 . 30.21-c
I
ZONING § 30 .26
information including manufacturer' s specifications or
engineering data - on. the mechanical devices and the
materials in the generating structure to indicate that
excessive or annoying noise will not be produced during s
prolonged operation of the generating machinery, and that
failure of moving parts during operations will not pre-
sent a safety hazard to adjoining. properties due to
flying debris.
d. Same as d. for radio towers.
[Specific standards for radio towers and towers for the genera-
tion of electricity added by Ord. # 81-2, 4/1/81. 1
( iv) Specific standards applicable to a school and related
buildings. in all Residential Districts (R-1 , R-la, R-lb,
R-2, R-2b, R-3, R-3a, R-3b, R-U) :
Notwithstanding the criteria set forth in Section 30 .26(C) ( 3)
above, which criteria shall not apply hereto, no special permit
shall be granted by the Board of Appeals unless the proposed use
� or activity meets the following requirements:
l`J
a. If the proposed use is the expansion of an educational
use then applicant must show a need to expand into the
residential area rather than into a less restrictive area.
, i
No special permit shall be granted by the Board of Appeals -
unless the applicant can demonstrate that there is no _
reasonable alternative to location or expansion on the
site proposed.
b. The location and size of the use, the size of the site
in relation to it,- the operations in connection with the
use and the parking and traffic related to the opera-
tions shall not be such as to create a significant
hazard to the safety or general welfare of the
surrounding area. -�
c. The proposed use or operation shall not produce or pre-
sent substantial danger of excessive noise, noxious -
odors , noxious or harmful discharge, fire or explosion,
radiation, chemical or toxic release, or other con-
ditions injurious to the health or general welfare of
occupants of nearby properties.
Supp. #13, 5/4/88 . 30.21-d J
' fy
^i § 30 .26 MUNICIPAL CODE
d. The size and use of the facility, or the concentration
with similar facilities in the neighborhood , shall not
be so substantially out of proportion to the character
of the neighborhood as to jeopardize the continued use
of the neighborhood for residential purposes . [Subsec.
i ` iv added and prior subsecs. numbered i , ii and iii , Ord
# 85-11 , 11/6/85 . 1
D. The Board shall ' deny a special permit in all instances
where it finds that a proposed use would have a significant nega-
tive impact on traffic, congestion, property values , municipal
services or the general plan for the development of the com-
munity. The granting of a special permit may be conditioned on
the effect the use would have on traffic, congestion, property
' values , municipal services , or the general plan for the develop-
ment of the community. The"+applicant may be required by the
Board to submit plans for the site .and for parking facilities,
and to disclose other features of the applicant' s proposed use so
as to afford the Board an opportunity to weigh the proposed use
in relation to neighboring land uses , and to cushion any adverse
effects by imposing conditions designed to mitigate them. If the
Board finds that the adverse effects cannot be sufficiently miti-
gated, then the Board shall deny the special permit. [Subd. D
added. Ord. #87-16 , 7/8/87 . 1
I
[ (v) ] Community or neighborhood gardens , in all districts:
a. Applicants shall provide evidence of approval for such
j use from the owner of the property on which the gardens
are to be located.
b. Applications shall provide evidence that the area to be
l used will at all times be operated in a responsible
manner , so as not to present a nuisance to or interfere
with the use and enjoyment of neighboring private or
� i public property. Such evidence shall designate at least
one responsible adult, who shall be a participant in the
gardening, a representative of the sponsoring organiza-
tion, or the owner of the subject property, to admi-
nister or coordinate the operation and to act as contact
person therefor. Applications shall be submitted in
*Added editorially to conform with format established in Ord
#85-14 , 11/6/85 and placed after 30 .22-b( iv) as enacted by amd.
Ord.
C ' Supp. #13 , 5/4/88 . 30 .21-e
� il ,
ZONING § 30 . 26
writing to the Building Commissioner, and shall include
the name, address, and phone number( s) of the contact
person; a description of the refuse disposal procedure
to be followed, and of the intended use of organic _
materials, chemical fertilizers, herbicides and
pesticides; and a site plan showing the proposed loca-
tions of all features of the site, including access
point(s) and any of the required parking spaces that may
be located on adjacent property.
c. Applicants, or the administrator/coordinator of the gar-
den area, shall insure that the gardening activity on
individual plots is confined to the hours 7 a.m. - 10
p.m. , except that power machinery shall not be operated
before 8 a.m. or after 8 p.m. ; that all organic refuse
and trash from the gardening operations is promptly and
propertly* disposed of on at least a weekly basis, and
that pending disposition it is stored neatly in such a
way that it does not produce offensive odors or attract
dogs, raccoons or vermin; that power or motorized machi-
nery used in preparing and maintaining individual plots
is no larger than that normally used in connection with
I
� l
[Next page is 30. 22. 1
*So in original .
I ,
7
Supp. #13 , 5/4/88 . 30 . 21-f j
r-
{
ZONING 30 .26
I
home gardening, e.g. , a typical walk-behind rototiller;
j that farm tractors or other heavy machinery are not
employed; on the site except for initial site development
and for annual spring preparation and fall cleanup, if
necessary, and in those instances shall be operated only
between 8 a.m. and 6 p.m. weekdays; that mulch, compost
or organic fertilizer employed in the gardening is.
confined to the site in a neat and orderly manner, and
that no fresh manure shall be used or composted; • that
noxious fertilizers or noxious chemicals employed in the
gardening are used only with the knowledge and consent of
all gardeners using the site , all adjoining property
owners and, in the event that adjoining properties are
rental residential properties, with the knowledge and
consent of the head of each tenant household; that no
flammable liquids will be stored on the site; that noise
and odors produced in connection with the gardening
activity will be no greater than those normally asso-
ciated with home gardening; that City residents of the
area nearest the site will be given opportunity to
obtain plots in the allocation of plots on ''a first
priority basis; that other City residents will be given
opportunity to obtain plots in the allocation of plots
on a second priority basis; that unused portions of the
site will - be maintained in a neat and orderly manner at
all times; and that at the end of each gardening season
or within 30 days of revocation of permit,, whichever
occurs first, the entire site will be cleaned and left
with a neat appearance. In addition, the applicable por-
tions of § 30. 32(A) and (C) shall be observed.
d. In consideration of the fact that such gardens may be of
an interim nature, may occupy only a portion of a par-
cel , and may be located on property unsuited for other
uses permitted under this Ordinance, the District
Regulations specified for permitted uses under § 30 .25
of this Chapter shall be superseded where applicable by
the following regulations for Community or Neighborhood
gardens:
( 1) Minimum lot size: none
(2) Width in feet at street line: none required;
however, sites lacking street frontage shall be
accessible to vehicles and pedestrians via a right-of-
way of at least 8 ' in width.
l. ` Supp. #13 , 5/4/88. 30. 22
ZONING § 30.26
�.i (3) Structures permitted: no structures for human habi-
tation or occupancy shall be permitted except for a
weather shelter for gardeners, which may have a maxi-
mum floor area of 64 sq. ft. A light accessory struc-
ture for storage of gardening equipment and materials
for plant propagation, with a maximum floor area of
64 sq. ft. may be erected separately or attached to the
weather shelter. If necessary, a well housing struc-
ture for the production of water for garden use may be
erected with permission of the owner of the site.
(4) Parking and loading space: at least one off-street
space on or immediately adjacent to the site shall be
provided for the use of the gardeners, for each fif-
teen (15) individual garden plots on the site, or
portion thereof.
(5) Yard setbacks shall not be required, except that the
provision of § 30. 34B and C. and § 30.42 of this
Chapter shall apply to any plantings, fences or
accessory structures on the site.
e. Before hearing the application, the Board must have
written response on the proposal from a majority of
those notified by the applicant as required in the pro-
cedures set forth in § 30.58. This response, together
with any other written comment received by the Board
before the hearing, as well as that comment expressed at
the public hearing, with primary consideration given the
wishes of residents living within 200 feet of the pro-
perty, should be a principal factor in the Board's
decision to grant or deny the special permit.
f. In granting a special permit for community or neigh-
borhood gardens, the Board may prescribe any conditions
that it deems necessary or desirable, including, but not
limited to, additional off-street parking spaces, so
that the spirit of this Chapter shall be observed,
public safety and welfare secured, and substantial
justice done.
go Special permits for neighborhood and community gardens
shall be reviewed by the Building Commissioner at least
annually for compliance with this Section and with any
conditions established by the Board. If, following such '__`
Supp. #12, May 7, 1987 30.22-a
LJ
i �
30. 26 MUNICIPAL CODE
review, or investigation of any complaint, the Building _
Commissioner determines that substantial violation
I ! exists, notice of such violation shall be mailed to the
contact person designated in accordance with item 4.b.
above, requiring that such violation be corrected
within fifteen (15) days. If satisfactory correction- is
not made, the permit may be revoked by the Building
j Commissioner. Appeals to such revocation shall be made
to the Board as provided in § 30. 58 of this Chapter.
h. Special permits for neighborhood and community gardens
shall be revoked automatically if the site is not used
as a "community or neighborhood garden, " as that term is
defined in § 30. 3 (100) , for one complete garden season.
[4 4 amended by adding community or neighborhood garden
'regulation by Ord # -8.5-6, 7/10/85; by adding school
standards in Subsec. iv by Ord # 85-14, § 4, 11/6/85. 1
vi. Group Adult Day Care Facilities in R-2 districts:
Applicants shall furnish information sufficient to
describe the scope of the proposed activity, including
size of building, number of clientele, operating hours,
off-street parking availability, number of employees,
and proximity to other Group Adult Day Care Facilities
in the neighborhood. Prior to granting any Special
Permit for such use, the BZA must find that the activity
is compatible with the character and quality of the
neighborhood in which it is to be located. [ vi. added
` Ord. #87-13, 5/6/87. ]
[Next page is 30. 22-c. ]
i
i^
IJ Supp. #12, May 7, 1987 30. 22-b
ZONING § 30 . 27
§ 30 . 27 Accessory Apartments
A. Intent
This Section authorizes, upon issuance of a special temporary
permit, the installation of accessory apartments in owner-
occupied homes. The purpose and intent of permitting accessory
apartments is to:
1 . Provide homeowners, especially those of low and
moderate income, with a means of obtaining, through rental
income, companionship, security, and services, and thereby to
enable them to. stay more comfortably in homes and neighborhoods
they might otherwise be forced to leave;
2 . Add inexpensive rental units to the housing stock to
meet the needs of smaller households, both young and old;
3 . Make housing units available to low- and moderate-
income households who might otherwise have difficulty finding
homes within the city;
4. Develop housing units in family neighborhoods that are
appropriate for households at a variety of stages in the life-
cycle, thereby lessening fluctuations in neighborhood demand for
services;
5 . Preserve and allow the more efficient use of the city ' s
existing stock of dwellings while ensuring healthy and safe
living environments; and to
6 . Protect stability, property values, and the residential
character of a neighborhood by ensuring that accessory apartments
are installed only in owner-occupied houses and under such addi-
tional conditions as may be appropriate to further the purposes
of this ordinance.
B. Issuance of Temporary Permit
Application for an Accessory Apartment Temporary Permit shall
be made to the Board of Zoning Appeals in accordance with the
Procedures of § 30 .58(C) of this ordinance. Application shall
also be made for a recommendation from the City Planning and
Development Board. Applications shall include the following:
Supp. #10, May 1, 1985 . 30 . 22-c
,R' § 30. 27 MUNICIPAL CODE
- accessory apartment application form
h; - site plan
- floor plans, existing and proposed, with dimensions
specified
}! - facade drawings, if exterior alterations are proposed ( 1/4"
1 ft. )
- affidavit of residency and ownership
l proof of notification of property owners within 200 ft .
- building ' permit application
_ - application fee of $15.00
An Accessory Apartment must comply with the New York State
Uniform Fire Prevention and Building Code . An Accessory
Apartment Use Special Permit shall be issued for a three ( 3) year
period.
C. Renewals
Renewal permits for additional three ( 3) year periods shall be
r granted by the Building Commissioner, following inspection of the
premises by ' the Building Department, submission of a renewal
application form issued by the Building Department, and an affi-
davit stating that the conditions as orginally set forth to the
�- Board of Zoning Appeals have not changed in any way. The
Building Commissioner shall determine that the premises still
meet the standards of the New York State Uniform Fire Prevention
and Building , Code, and that the original qualifying conditions
still exist.
D. Requirements
In order to be granted a temporary permit, the following cri-
teria and requirements must be met:
!, 1. Owner Occupancy Required . The owner( s) or contract
vendee of the lot upon which the accessory apartment is located
shall occupy and maintain as legal full-time residence, at least
one of the dwelling units on the premises, except for temporary
absences not to exceed 18 months in any 5-year period . Longer
absences will result in revocation of the temporary permit except
by approval of the .Board of Zoning Appeals. Owner-occupants must
maintain 33 1/3% interest in the property. In the event of the
transfer of the property either by deed or land contract or
lease , . to other than the owner' s spouse or other family member
residingon the remises, the permit shall automatically expire
P P Y P
1- and a new owner or contract vendee must apply for a renewal
permit.
Supp. #10, May 1, 1985 . 30. 22-d
f
J
ZONING § 30. 27
2. Occupancy. The. accessory apartment unit may be
occupied by an individual or family, plus not more than one
unrelated occupant. Minor dependent children in the care of a
parent or relative shall be excluded in determining the number of
unrelated occupants in a dwelling unit. -'
3. Location. Accessory apartments may be located on one-
family properties in any district in which residential use is
permitted. An accessory apartment may be located either in the
main structure or in an accessory building, provided that such
accessory building and main structure meets all requirements of
the City of Ithaca Building Code. There shall be no more than 1
accessory apartment per lot. i
�J
4. Size . The floor area of an accessory apartment within
a principal dwelling building shall not exceed thirty-three and
one-third percent ( 33 1/3%.) of the total habitable floor area of
the building in which it is located . If the 'Board of Zoning
Appeals determines that a greater floor space is necessary
because the ' configuration of the building makes meeting these
requirements impractical , then the Board of 'Zoning Appeals may
waive the maximum. Each accessory apartment shall be limited to
a maximum of 2 bedrooms.
5. Area Requirements . A permit shall be granted by the !
Board of Zoning Appeals in spite of existing legal area deficien-
cies for main structure, except where the Board of Zoning Appeals
determines that there would be a negative effect on surrounding
properties.
Relaxation of area requirements for purposes of a temporary
permit shall terminate with the temporary permit, and shall not
be viewed as a variance.
Notwithstanding any other requirements of this section, a mini-
mum side and rear yard setback of 5 ft. shall be required, except
that where light, air and open space. requirements of the City
Building and Housing Code can be met, the 5-ft, setback may be
waived in existing main structures„ with the exception of
accessory buildings. New structures housing accessory apartments T)
shall meet all applicable codes, including the area requirements
of this ordinance.
6. Exterior Appearance. If an accessory apartment is
located in the main building , the entry to the building and its
Supp. #10, May 1, 1985 . 30. 22-e
§ 30. 27 MUNICIPAL CODE
design shall be such that the appearance of the building . shall
remain as a single-family residence. New or additional front
entrances or windows are discouraged, but in any event must be in
keeping with the architectural style of the rest of the struc-
ture. Exterior stairways may only be constructed in the rear,
except where an alternate location would be less publicly
visible. Any exterior design changes may be referred by the
{ Board of Zoning Appeals to the Design Review Board, for their
E
technical advice. New or additional front entrances must have
the approval of the Design Review Board .
7. Off-street Parking . Off-street parking requirements
shall be met, except that in cases of practical difficulty the
r Board of Zoning Appeals may waive the parking requirement, if
there is adequate parking in the neighborhood .
8. Deed Restriction. Within thirty ( 30) days of an
Accessory Apartment Permit, the owner( s) must record at the
Tompkins County Clerk' s Office a Declaration of Covenants on the
~; subject property, with cross referencing to the original deed,
and provide proof of such recording and cross referencing to the
r--
Building Commissioner, who may then issue a building permit. The
Declaration shall state that the right to let an accessory apart-
ment ceases upon transfer of title. The Building Commissioner
r-
shall note existence of an accessory apartment on the record of
the property.
E. Unapproved Accessory Apartments
Owners of unapproved accessory apartments in existence as of
I the effective date of this amendment shall have ninety (90) days
from the date of enactment to apply for an Accessory Apartment
Temporary Permit and to meet the requirements of this Section.
Any such property 'owner who is not in the process of completing
or who has not completed these requirements within the required
ninety (90) days shall be found in violation if the apartment is
Voccupied .
F. Revocation
The Building Commissioner shall revoke any special permit
iissued hereunder should the applicant or applicant' s tenant
violate any provision of this local ordinance or any condition
imposed upon the issuance of the special permit.
Supp. #10, May 1, 1985 . 30. 22-f
._J
ZONING § 30. 28
G. Periodic Review
The Building Commissioner and the Department of Planning and
Development shall review the effects of this Accessory Apartment
Ordinance at least every five (5) years to determine the long-
term effect on the residential. character of the neighborhoods. )
H. Terms �
The terms of this ordinance shall be liberally construed in
favor of granting -an Accessory Apartment Permit unless the Board
of Zoning Appeals specifically finds that the granting of the
permit would have a negative impact on the surrounding area. [§
30.27 Added Ord. #84-15; 9/5/84. 1
§ 30.28 Cluster Subdivision Development
A. Intent -�
This section authorizes the Board of Planning and Development,
during the process of subdivision plat approval pursuant to
Chapter 31 of the Municipal Code, to make reasonable changes in
�. the existing zoning regulations for the property affected so as
to enable the development of a cluster subdivision. This
authorization permits deviations in the district regulations
applicable to the affected property, subject to the limitations
contained in this section. Cluster subdivisions may be approved
in order to promote the following purposes:
1. The preservation and enhancement of open spaces, water -'
courses, wetlands and areas designated as critical environ-
mental areas .
2. The development of active and passive recreation areas .
3. The development of residential dwelling units in forms -?
which are consistent with the public welfare and which pro-
vide reasonable safeguards to the appropriate use of
adjoining land. -
4. Efficient and cost-effective development of roads,
sidewalks, utilities, water and sewer lines and other forms
of public and private infrastructure.
I !
5. The development of housing that is more affordable than
Supp. #14, 4/24/89. 30. 22-g
§ 30. 28 MUNICIPAL CODE
• i
that normally developed under conventional zoning J
regulations.
B. Authorization and Minimum Requirements for Cluster
Subdivisions .
The Board of Planning and Development is authorized, upon peti-
tion by an applicant for subdivision approval, to approve a
cluster subdivision that includes -reasonable deviations from the
existing regulations of that zoning district in which the sub-
division is located, in accordance with the following
limitations:
1. Cluster subdivisions may only be permitted in the R-la,
R-lb, R-2a, R-2b, R-3a and R-3b zoning districts .
2. Cluster subdivisions shall contain only those primary uses
and accessory uses which are permitted in the zoning
district in which the cluster subdivision is proposed,
except as permitted by Paragraph B. 3.
3. The following types of deviations from the zoning regula-
tions of the district in which the cluster subdivision is
proposed are permitted:
a. Building type for residential uses; provided that in the
R-la and R-lb districts, only one-family detached
dwellings are permitted as primary uses ; and in the R-2a
and R-2b districts, no more than two dwelling units may
be attached to form a single building, provided that each
dwelling unit shall have a separate ground-level
- ' entrance.
b. Lot area.
c .. Lot width at street line.
d. Maximum percentage of land coverage by buildings on any
individual lot •within the cluster subdivision; provided
that the total percentage of land coverage by all
buildings in the cluster subdivision shall not exceed the
following percentages for the zoning district in which
the cluster subdivision is located:
Supp. #14, 4/24/89. 30. 22-h
ZONING § 30. 28
i . R-la 20%
ii . R-lb 25%
R-2a 30%
iv. R-2b 35%
V. R-3a 351
vi. R-3b 40% _J
e. Front, side and rear yard dimensions, provided that all
buildings in a cluster subdivision shall have a front
yardof at least twenty-five (25) feet in the R-la, R-lb,
and R-2a zones and ten (10) feet in the R-2b, R-3a and
R-3b zones; and further provided that all buildings in a --
cluster subdivision shall be at least the following _
number of feet from the boundary of a cluster subdivision
where it abuts land (other than a public right-of-way)
that is not part -of the cluster subdivision: in the R-1
districts, forty (40) feet; in the R-2 and R-3 districts,
twenty (20) feet .
4. The maximum number of dwelling units permitted in a cluster
subdivision shall not exceed the number of dwelling units -
�, that would be permitted on the site in a conventional sub-
division under -the conventional zoning regulations for the I
zoning district in which the cluster subdivision is pro-
posed, subject to all applicable development regulations
applying to the property in question, plus any other
restriction which the Board of Planning and Development has
the authority to impose pursuant to Chapter 31 of the
Municipal Code.
5. Any reduction in the lot area for buildings in a cluster-
subdivision beyond the minimum allowed in the zoning
district in which the subdivision is located shall require
the reservation of an equivalent amount of land as open
space, passive recreation area or active recreation area.
Wetlands, flood plains, steep slopes or other areas ' not
normally appropriate for building construction shall not
account for more than fifty (50) percent . of the land area
reserved. "
6. All open space or recreation areas reserved in accordance
with Paragraph 5 of this subdivision shall be dedicated as
common land for the benefit of the members of the sub-
division. The development, operation and maintenance of
this property- shall be in accordance with the approved site
Supp. #14, 4/24/89. 30. 22-i
§ 30.28 MUNICIPAL CODE _ }
development plan and in a manner that is consistent with
the public welfare.
C. Approval of Cluster Subdivisions
1. The Board of Planning and Development may consider a
developer' s request for approval of a cluster subdivision
or may require that a developer prepare and submit plans
for a cluster subdivision that contains no greater number
of dwelling -units than that proposed by the developer. The
Board shall adopted rules and regulations setting forth the
criteria pursuant to which such an application may be
required. The approval of a cluster subdivision shall
' follow the rules and procedures contained in Chapter 31 of
the City of Ithaca Municipal Code, Subdivision Regulation.
2. Developers submitting a cluster subdivision plan shall sub-
mit two subdivision plans, one showing, the land developed
_ under the conventional zoning regulations and the other
showing development under the cluster option. In addi-
tion to the requirements of Chapter 31 of the Municipal
Code, the developer shall submit the following information
on or with the cluster subdivision plan.
a. An area plan showing the proposed cluster subdivision
and all existing land use and major natural features of
the land within five hundred (500) feet of the project
site .
b. A site development plan showing the location, 'size, use
and physical features of all proposed buildings and
j accessory uses ; the location and design of vehicular
and pedestrian access and the location , of proposed
parking areas .
c. A landscaping plan showing the type and location of all
existing trees , vegetation and natural features on the
site; the identification of all existing vegetation to
be preserved; the identification of all new vegetation
to be added; and the location and type of fences, berms
or buffer areas .
f d. A plan showing the boundaries of common areas to be
reserved, and the proposed use, development and main-
tenance of those spaces.
` Supp. #14, 4/24/89 . 30.22-j
ZONING § 30. 28
e. Elevations •f typical dwelling units to be constructed
in the cluster subdivision.
f. Environmental review of the project at a level deemed
appropriate by the Board of Planning and Development .
g. Any other information that the Board of Planning and
Development may reasonably require.
3. The approval of a cluster subdivision shall constitute the
approval of a site development plan for the affected area.
No development shall occur on the site that is not in
strict conformance with the elements of the approved site
development plan, nor shall the plan be modified without
the approval of the Board of Planning and Development.
4. A cluster subdivision shall not be approved unless the
Board of Planning and Development makes the following
affirmative .findings, and 'states in writing the facts that
support those findings:
a. That the development is found to be compatible in terms
of appearance, character and overall density with both
the existing and potential• development in the
surrounding area.
b. That the development will not place an unreasonable
burden on the public roads or utilities that will ser-
vice the project . 1
c. That the development will promote the preservation of
open space and natural resources within the neigh-
borhood to a greater degree than would conventional
development .
.d. That the development is consistent with the public -s
welfare and that the appropriate use of adjoining land
is reasonably safeguarded.
e. That the development will not have an undue adverse
impact on the critical area listed in Section
36. 5(B) (1 ) (1) of the Municipal Code.
f. That the development complies with the approved street
plan and master plan, if any, for the area. [§ 30.28
added Ord. #89-2; 2/l/89. ] --
Supp. #14, 4/24/89. 30.22-k
u
r1
I �
1
ZONING § 30. 32
0- 1 ARTICLE III
I
SUPPLEMENTARY REGULATIONS
§ 30. 31 Application of supplementary regulations
The provisions of this Chapter shall be subject to the excep-
tions, prohibitions, requirements and/or limitations as '
hereinafter provided .
§ 30. 32 Use regulations
A. Removal of top soil , grading .
No person shall strip, excavate or otherwise remove topsoil for
sale., or for use other than on the premises from which, the same
shall be taken except in. connection with the construction or
alteration of a building on such premises and excavation or
j grading incidental thereto which shall make such premises subject
to erosion or flooding, or which shall leave such premises
without topsoil adequate for the establishment of vegetation
typical, to the area. Removal- of topsoil excess to .the foregoing
requirement shall be subject to approval and issuance of a permit
therefor by the Building Commissioner.
1
No lot grading or tree removal in connection with the construc-
tion of a building shall be undertaken until a building permit
for such construction shall have been obtained . No natural water
course or drainage way shall be altered by filling, excavating ,
tree removal or in any other manner without first obtaining the
written approval of the City Engineer.
1 B. Mobile homes
Mobile homes and mobile home parks shall be in conformity with
Article II of Chapter 2-7 entitled Housing Code" of this
Municipal Code .
f'
C. Unsightly or unsanitary storage.
No manure, rubbish, salvage materials or miscellaneous refuse
may be stored in the open within any district where the same may
be construed by proper authority to be a menace to the public
health or safety, or may be held to have a detrimental influence
upon adjacent properties, or upon the neighborhood at large.
Supp. #10, May 1, 1985 . 30. 23
�A'I
§ 30. 32 MUNICIPAL CODE
D. Garage Sales*
No household, garage, porch or yard items for sale may be
stored in the open, or continually displayed, within any district
where the same may be construed by proper authority to be a
menace to the public health or safety, or may be held to have a _
detrimental influence upon adjacent properties, or upon the
neighborhood at large.
This prohibition should not be construed to ban household,
garage, porch or yard sales themselves. [New Subd . D Added Ord .
#85-3; 3/6/85 . 1 -'
E. Junk yards and salvage yards .
Any area used for storage of rags, scrap paper, scrap metal , or
junk ( including automobiles, automobile parts, or salvaged or
used building materials) shall be completely enclosed by a
substantial and solid fence with openings only for ingress and
egress. Such a fence shall be at least eight (8) feet high and
no nearer than twenty-five ( 25) feet from any public highway -
right-of-way line. There shall be no storage outside the fence.
Any such junk yard or salvage yard existing at the same time of
the enactment of this Chapter shall comply with these require-
ments within six (6) calendar months of the date of enactment of
this Chapter .
F. Gasoline service stations..
1
The Building Commissioner shall refer all applications for per-
mits to construct or alter gasoline service stations to the Fire
Chief, the Chief of Police, and the City Traffic Engineer for the 1
analysis of fire, ' traffic and other possible hazards . The - �
Building Commissioner shall review their comments on the proposed
new or altered facility and may require modification of - the site
plan to lessen potential fire, traffic and other hazards . [Subds .
E & F relettered from D & E respectively. Ord #85-3 ; 3/6/85 . 1
§ 30. 33 Height regulations
A. Exceptions .
The height limitations of this Chapter shall not apply to: }
*Subd . title inserted editorially. -
Supp. #10, May 1, 1985 . 30. 24
r �
�J
_J
ZONING § 30. 33
1. Church spires, belfries or towers, cupolas, mechanical
penthouses, stairtowers, and domes, not intended for human
occupancy;
2. Chimneys, ventilators, skylights, water tanks, bulkheads
and similar features, and necessary mechanical equipment mounted
above roof level, including devices for solar power;
3. Towers or structures, including satellite dishes, for the
transmission or receipt of radio or other electronic signals for
r} the non-commercial use and enjoyment of occupants of the premi-
ses, including television, ham radio, citizens ' band, MARS and
similar operations in connection with hobbies and home
entertainment; [Amd. Ord #88-7; 9/7/88. ]
4. Towers ' or structures for the transmission or receipt of
electronic communications signals in connection with any commer-
cial or business enterprise, under conditions which meet with any
supplementary safety regulations thereto, except further that
such towers or structures shall require special permits for
accessory use as provided in § 30. 26 above; and
5. Towers or structures intended for use in the generation of
electricity -for the premises on which such tower is located,
except further that such structures shall require special permits
as provided in .§ 30. 26.
In no case shall the horizontal surface area covered or
occupied by such feature exceed twenty (20) percent. of the total
4
ground . floor area of the building or thirty (30) percent of the
area of the roof plane on which it is located, whichever is. less .
If erected as a structure separate from a `building existing on
the premises, such structure shall conform to the Area
Regulations of this ordinance (.§ 30.25 above) as to coverage
(combined with other structures) , lot size and yard dimensions,
which shall be computed to the nearest point of any structural or
supporting member, pole or guy. wire to lot lines. In all cases
ii the surface area occupied by such feature shall be computed as
the total area encompassed by a line enclosing the feature and
any structural or supporting members on a horizontal plane at the
point of attachment to the main building or to the ground.
[Subdivision A amd. Ord. # 81-2, 4/1/81. 1
B. Ornamental and architectural features.
Supp. #14, 4/24/89. 30. 24-a
§ 30. 33 MUNICIPAL CODE �-
The provisions of this Chapter shall not apply to prevent the
erection above the building height limit of a parapet wall or
cornice for ornament extending above such height five (5) feet or
less.
C. Height and open space.
In any district, any main building may be erected to a height
in excess of that specified for the district provided each
required front, side, and rear yard is increased one foot on the
ground for each one foot of such additional height . However, in
all Residential Districts, the number of stories permitted may
not be exceeded.
§ 30. 34 Area regulations '_J
A. Reduced lot area.
No lot shall be so reduced in area that any required yard will
be smaller than that prescribed in the regulations for the
district in which said lot is located.
B. Visibility at intersections.
On a corner lot in any residen-
tial district,, no fence, wall,
grading, hedge or other structure
.or planting more than two (2)
feet in height shall be erected,
placed or maintained within the � • ' .
triangular area formed by the
intersecting street right-of-way No vteuAl.
lines ' and a straight line �paTRUGTtOPlS 6TRG�7 �'
adjoining said street right-of- WTNssr- zoNars
way lines at points which are to MIN.
twenty. (20) feet distant from the
point of intersection, measured
along said street right-of-way. a
(See Illustration IX at right) . %;x
C. Obstructions dangerous to
traffic.
In all districts, no fence,
ill . IX. Visibility at inter -
sections .
Supp. #14, 4/24/89. 30. 24-b
I-J,
J
ZONING § 30. 35
-, wall, grading, hedge, sign, assembly, or other structure or
planting shall be erected, altered, done, placed, or maintained.
which will or may obscure the view and therefore cause danger to
-s traffic on a public street .
D. Fences .
No fence or wall other than a building may be built to a height
that will interfere with the light, air or view of any neigh-
boring property, except as required for screening of parking and
storage areas .
§ 30. 35 Yard- Regulations
A. Porches .
Any open or enclosed porch shall be considered a part of the
building in the determination of the size of yard or lot
coverage.
[Next page is 30. 25]
J
Supp. #14, 4/24/89. 30. 24-c
ZONING § 30 .35
B. Projecting architectural features .
The space in any required yard shall be open and unobstructed
except for ordinary projections of window sills , belt courses, -
cornices , eaves and other architectural features , provided, how-
ever, that such features shall not project more than two (2)
feet into any required yard.C. Reduction in rear yards.
When a lot is less than one hundred (100) feet deep at the
time of passage of this Chapter, such rear yard requirement may
be .decreased one-quarter (1/4) of the distance that the lot depth
is less than said one hundred (100) feet; provided, however, that
no rear yard in any district other than B-lb, B-2b , B-3, or P-1
shall be less than twenty (20) feet in depth. [See Illustration
X. ] [Subdivision C amd. Ord. # 81-2, 4/1/81. 1
[Next page is 30.26 . 1
• +J
1
1�
�J
SuPP • 6 , 4/8/81 .
30 . 25
§ 30 .36 MUNICIPAL CODE
25X of,"X" _
MIN. REAR w w
IDIX.ED ' YARD McRB
RreAR YaKa f�QUIR� RJrsTKJGTm
PERti1ITT�D Wy COI..14 3o�►IAX "6TNar
LIMA
_ I' .• - _ III. I F�-M5Mcrop
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101STANCZ Loss
-- RESTNCMV "00 oN5
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+
Ill. X. Rear yard reduction. Ill. . XI. Lots in two districts .
§ .30 .36 Transition Regulations
sT r
A. Lots in two districts .
Where a district boundary line
divides a lot at the time such
line is established, the regula- _
-t tions for the 'less restricted
portion of such lot shall extend
not more than thirty (30) feet
into the more restricted portion r
provided the lot has frontage on
a street in the less restricted
{ district. (See Illustration XI, Rerq� 1JL
aes. sloe
above right) . YAKo
B. Side yard and rear yard
transition. _ �swess
Where a lot in a Business or .
Industrial District abuts a lot
E in a Residential District there
shall be provided along such a- sTPMsT
butting lines a yard equal in
' width or depth to that required
in the Residential District . I11 . XII . Side and rear yard
(See Illustration XIz , at
transitions .
right)
Supp . # 6, 4/8/81. 30. 26
ZONING § 30. 36
v C. Front Yard Transition.
R�IDCIV'IWL. I
Where frontage is partly in a DUSINt'L�!
DfWMCT OISTNcr
Residential and partly in a Business
or Industrial District, the front •........ ••
h in the Business or :...: ;:�� =:c
yard depth
:
1 District shall be equal :
industrial q
e required
one half 1 2 the
to )( �
i
{
dential
he Re s i
fr
ont
t ya
rd dep
th of t
Y
�:�•
District
for a distance of at least
fi
fty tY 50 feet
into th
e Busi
ness
s
or Industr
ial District.
t
(See
••Y•Y•II
:•
Illustration XII I, top right) .
D. Corner lot transition. pR. ARS. Cad. ......: p
On corner lots in Residential 'fade
Districts, buildings must be erected so so that yards facing public �wiµ
streets shall conform to the mini-
mum front yard requirements of said STKpeT
_ r
Residential District. Such lots
shall be deemed to have two Ill . XIII . Front yard transi-
adjoining front yards . (See tion.
Illustration XIV & XV, below) .
t KKR i
YAPLD
P-MAK `AKD LEM
Y.
i
MONT -'
YARD
— ca
MONT `LARD J
FRaNT YARD ,
oo) PEAK
S714M MT 51 De 1
`fi4Rb—' 1
ill . XIV . Corner lot . Ill. XV. Corner lot .
Supp. #12, May 7, 1987 30.27
S-� § 30. 37 MUNICIPAL CODE
§ 30. 37 Off-street parking
s•
A. General requirements.
1 . Location Requirements.
All parking spaces provided pursuant to this Section shall be
on -the same lot as the building, use or activity that they serve,
except that off-street parking in the a mounts , specified by the
Zoning ordinance may be provided on a single lot other than that
_ on which the building, use or activity is located, provided that
t
all of the following conditions are met:
a. Off-site parking for commercial uses may be provided
within seven hundred and fifty (750) feet along public
pedestrian thoroughfares, measured from property line
to property line.
b. Off-site parking for residential uses may be provided.
within one thousand (1000) feet along public pedestrian
thoroughfares, measured from property line to property
line.
C. All off-site parking areas must be located in a zoning
district in which the building, use or activity that the
off-site parking is intended to serve is a permitted
use.
d. All off-site parking spaces must be clearly labelled as
providing parking only for the building, use or acti-
vity which they serve.
e. All land which is used to provide off-site parking must
be restricted to that use only for as long as the build-
ing is occupied by the use which requires off-street
parking or until sbustitute* parking is provided for and
approved by the Building Commissioner. Evidence of such
off-site parking shall be provided in the form of a
recorded covenant, long term lease or comparable docu-
ment that is approved by the Building Commissioner.
1 No more than two (2) end-to-end parking space shall be per-
mitted for the purpose of satisfying the requirements of ' this
Section, unless all spaces have adequate maneuvering space and
direct street access. [41 amd. Ord. #87-6, 2/4/87. 1
r, *So in original.
Supp. #12, May 7, 1987 30. 28
1
f
�^ ZONING § 30. 37
2. Parking space size.
A parking space shall have a minimum area of one hundred eighty
(180) square feet exclusive of passageways, maneuvering space
and driveways appurtenant thereto and giving access thereto.
3. Driveways.
Driveways to areas containing ;
parking space for four (4) or more
vehicles shall be graded to form
a street entry with a maximum
grade of three (3) percent for a
distance of twenty-five (25) feet I_ _
from the curb line. The average �; L►" '• t �
grade ' for the remainder of the
driveway shall not exceed ten (10)
percent. (See Illustration XVI,
. at right)
. to;LMAX. �-
4. Parking Space Requirements. sy MAX•
Off-street parking spaces shall "T 25' MIN.
be provided and satisfactorily main- _i
tained by the property owner for
each use or building, which is
partially established, erected,
enlarged or altered after the
effective date of this Chapter, as I11 . XVI . Driveway grade .
specified in the following: - �
4
Supp. #12, May 7, 1987 30. 29 `j
j
§ 30. 37 MUNICIPAL CODE
PARKING SPACE REQUIREMENTS CHARTI
Use2 Space Per Each
Adult Day Care Home, 1 space for client use, plus
Group Adult Day Care 1 space per two supervisory staff
Facility or employees not residing on
the premises. [Added Ord.
#87-13, 5/13/87. 1
Dwelling unit 1 three bedrooms or sleeping rooms
or part thereof, plus
1 two additional bedrooms or sleep-
'ing rooms or part thereof, plus
1 additional bedroom or sleeping
room in excess of five such rooms
t � Cooperative household 1 two persons housed
Rooming or boarding house, 1 three persons housed
rooms let
Fraternity, Sorority, 1 two persons housed
Group House
Dormitory 1 four persons housed
t ,
Church, funeral home, 1 ten seating spaces
{-: mortuary
Auditorium, theater, bar, 1 five seats
- tavern, restaurant
(continued)
1See also District Regulations Chart. In the case of rental
dwelling units, the required number of parking spaces must be
provided by the owner without additional charge to the tenant.
2In the case of mixed use of a building or property, the space
requirements shall be computed for each use, and the total
requirements for all uses shall be provided in accordance with
Subd. A paragraph 1 of § 30.37 of this Chapter.
Supp. #12, May 7, 1987 30. 30
1
1 1
ZONING § 30. 37
{ Use2 Space Per Each
Bowling alley 3 bowling lane
Hotel , motel , tourist home 1 guest room --
Hospital , nursing or 1 five patient beds
convalescent home
Medical or dental office 1 250 sq. ft. of floor space
Nursery school , child day 1 two employees , plus
care center, private elemen-
tary or secondary school 1 ten pupils enrolled
Office or bank building 1 250 sq ft. of office or bank floor
Retail store, neighborhood 1 500 gross sq. ft. of floor area
commercial facility
Wholesale or industry 1 two employees on maximum work shift
Marina 1 . 25 berth
, i
Boat launch 8* ramp
Yacht club 1 member family
. i
Boat Rental 1 500 sq. ft. of lot area
Marine sales 3 500 sq. ft. of gross floor area
Boatel l two employees on maximum shift,
plus f
1 two sleeping rooms
i
(continued)
2In the case of mixed use of a building or property, the space
requirements shall be computed for each use , and the total
requirements for all uses shall be provided in accordance with
Subd. A paragraph 1 of § 30 . 37 of this Chapter. '
*Boat launching ramps shall maintain 75% of their parking spaces
at a size of 10' x 40 ' to accommodate boat trailers. Consult the
New York State Parks and Recreation Department on space require-
ments for maneuvering.
Supp. #13, 5/4/88 30. 30-a
1�
Lj
§ 30 .37 MUNICIPAL CODE
Use2 Space Per Each
Fishing pier 1 15 lineal feet of pier
Boat storage or repair 1 two employees on maximum shift, plus
1 500 sq. ft. of gross floor area
2In the case of mixed use of a building or property, the space
requirements shall be computed for each use, and the total
requirements for all uses shall be provided in accordance with
Subd. A paragraph 1 of § 30 .37 of this Chapter .
5 . Parking in front yards .
a. In all districts, no parking parallel to the street is per-
mitted within five ( 5) feet of the sidewalk edge farthest
from the street, or if no sidewalk exists, within ( 10 ) feet
of the edge of the street pavement .
b. In all residential districts, parking in the front yard of
lots which have a width at the street line of fifty ( 50 )
feet or less shall be restricted to parking within a dri-
veway that is perpendicular to the street and which is not
more than twelve ( 12 ) feet wide for the portion that passes
through the front yard .
C. In all residential districts , parking in the front yard of
lots which have a width at the street line of more than
fifty ( 50) feet shall be restricted to an area not greater
- than twenty-five ( 25 ) percent of the total area of the
front yard , including turn around and other vehicle
maneuvering areas and driveways leading to garages and
parking areas .
d. All parking areas , including ancillary driveway and
maneuvering areas , shall have clearly defined boundaries
and shall have adequate provisions to prevent drainage of
surface water onto adjoining property under normal
conditions .
[Next page is 30 .311
s -,
Supp . #13 , 5/4/88 30 .30-b
ZONING 5 30 . 37
e. No curb cut shall be made unless a permit has first been
obtained from the City Clerk after approval by the City
Engineer.
f . Curb cuts on adjacent lots may be side-by-side and may be
combined whenever possible.
g . There shall be no removal of any tree located on City pro-
perty unless approval has first been granted by the Board
of Public Works .
h. Any off-street parking area which has been constructed or
is in use without a permit granted in accordance with
§. 30. 56 of this ordinance shall be required to conform to
the design standards of this section within eighteen ( 18 )
months of the date of enactment of this section. [11 5 amd. '
Ord. #88-4 , 4/6/88 . 1
• Y I ' NO PARKING PARALLEL TO THE
t STREET PERMITTED WITHIN 5
FEET OF SIDEWALK EDGE OR 10
I I FEET OF STREET EDGE.
IN ALL RESIDENTIAL DISTRICTS,
' IF LOT WIDTH IS 50 FEET OR
LESS, PARKING IN FRONT YARD
PERMITTED ONLY IN A DRIVEWAY
iI NOT MORE THAN 12 FEET WIDE. 1
SEE § 30.37(A)(5)(b).
I
I ! IN ALL RESIDENTIAL DISTRICTS,
f �ZANT IF LOT WIDTH IS GREATER THAN
FEET,50 PARKING FRONT Y NOT COVER MORE THAN ARD
MAY 25% '
j I OF THE TOTAL AREA OF THE FRONT.- -
YARD. SEE S 30.37(A)(5)(c)
---------------
,5Iaev.1�►.r.
l f
ILLUSTRATION XVII -�
PARKING IN FRONT YARDS P
Supp. #13 , 5/4/88 30 . 31
' i
'_I
§ 30.37 MUNICIPAL CODE
B. Private and neighborhood parking areas in residential
districts.
Plans shall be submitted for a private or neighborhood parking
area for four ( 4) or more cars and a permit obtained from the
Building Commissioner prior to construction of said parking area.
A permit for driveway entrance and curb cut and/or drain pipe in
the street right-of-way shall be obtained from the Board of
Public Works. The plans must conform to the following regula-
tions and standards:
i
1. Parking areas with street frontage.
The standards listed below are set up for neighborhood parking
areas which face on a public street , and are readily visible to
the passing public. On such parking areas there are usually no
residences or other buildings .
a. Access. Entrance and/or exist drives must be hard-surfaced
with concrete from street to sidewalk, and with blacktop
material , or equal , from sidewalk to the required building
setback line; must be at least twelve ( 12) feet wide; and
s must have -clear visibility.
b. Required front yard. Front yards shall be landscaped in
keeping with the surrounding neighborhood and shall be pro-
tected from the parking area with a suitable fence or safe
barrier.
c. Parking area.
( 1) Run-off water must be collected and transmitted or
piped to the nearest storm sewer, in accordance with
-, the Municipal Code, or if storm sewer is not available,
then through underground piping to the street gutter,
and such piping shall conform to the rules and regula-
tions of the Board of Public Works applying thereto,
except that for .small areas of no more than ten ( 10)
spaces, these provisions may be modified with the
approval of the City Engineer.
(2) The surface of the parking area must be built up of
not less than the following: crushed-run gravel base,
compacted at least six ( 6 ) inches in depth and with
asphalt-type road oil as a binding agent and covered
j Supp. #13 , 5/4/88 30 . 32
a .
f o
ZONING § 30 . 37
with a surface treatment of at least one inch of #1
crushed stone and asphalt-type. road oil .
(3 ) Screening. The entire parking area (except for entran-
ces or exits) must be enclosed with landscaping or other
safe and attractive barrier, kept to a minimum height
of four (4 ) feet in order to protect adjacent uses
from emissions , light or glare from the parking area.
The parking area also must be kept free of refuse .
2. Parking areas in the rear yard .
Neighborhood or private parking areas which are developed in
the rear yard or at the rear of a residence or several residences
adjoining shall conform to the following minimum standards, when
they contain no more than fifteen ( 15) car spaces. In such
parking areas which contain sixteen ( 16) or more car spaces the
standards of Subdivision B, paragraph 1 hereof shall prevail.
a. Access . Entrance and/or exit drives must be of hard surface
with concrete from street to sidewalk, with black-top
material from sidewalk to required building set-back line,
and with one inch of #1 crushed stone from the required
set-back line to the parking area; must be at least twelve
( 12) feet wide at street and side-walk lines; and must have
clear visibility.
b. Parking area. The surface of the parking area must have at
least six (6 ) inches of built up and compacted crushed run
gravel , graded to prevent drainage of surface water from f
the area onto adjacent properties under normal conditions .
c. Screening. The entire parking area ( except for entrances
or exits) must be enclosed with landscaping or other safe
attractive barrier , kept to a minimum height of four (4 ) ;
feet, in order to protect adjacent uses from emissions ,
light, or glare from the parking area. The parking area
also must be• kept free from refuse.
All neighborhood or private parking areas in Residential Dist-
ricts in existence at the time of enactment of this Chapter, must
conform to this Subdivision within a period of eighteen (18 )-
calendar months when such lot contains space for four ( 4 ) or more
cars.
C. Parking areas in business or industrial districts .
Supp. #13, 5/4/88 30 . 32-a ?
; f
ZONING § 30. 38
Plans shall be submitted for all employee, customer, and/or
public parking areas in Business and Industrial Districts, and a
permit therefore obtained from the Building Commissioner_ prior to
construction. The plans shall conform to the following regula-
tions and standards :
1. Access. Entrance and/or exit drives must be hard surfaced
; Y with concrete. from street to sidewalk and to the required
building setback line and shall be at least twelve ( 12) feet wide
and shall have clear visibility.
2. Required front yard . Front yards shall conform to the
requirements of the district in which the parking lot is located .
3. Draining . Run-off water shall be collected and transmitted
or piped to the nearest storm sewer in accordance with this
Municipal Code, or if storm sewer is not available, then through -*
underground piping to the street gutter, and such piping shall
conform to the rules and regulations of the Board of Public Works
applying thereto .
4. Surface. The surface of the parking lot shall conform to
f ' standards established by the Building Commissioner .
§ 30. 38 Off-street loading
A. Size requirements.
An off-street loading space shall have a minimum of four
hundred and fifty (450) square feet plus necessary additional
space for entrance, exit and aisle space.
-' B. Space requirements .
The following off-street loading space requirements shall apply
` to all business and industrial land uses and multiple dwelling
structures having more than twenty-five ( 25) units:
One space to be made available for each use having three
thousand ( 3, 000) to ten thousand ( 10, 000) feet of floor space,
plus one (1 ) additional space for each additional fifteen
thousand ( 15, 000) square feet or major fraction thereof of floor
space in a single occupancy over and above ten thousand ( 10, 000)
( square feet. In no case shall more than four (4) spaces be
i -, required for any use of single occupancy.
Supp. #10, May 1,' 1985 . 30. 33
i
§ 30. 39 MUNICIPAL CODE
}
§ 30. 39 Motels
A. Lot size and frontage.
Motels shall maintain a minimum lot size of twenty thousand
( 20, 000). square feet and a minimum frontage of one hundred ( 100)
feet on public right-of-ways . i
B. Parking .
f
One car space per sleeping unit.
C. Paving .
4
Driveways and parking areas must be paved with hard surface
material and properly drained so as to control surface run-off -
water.
D. Driveway width. �+
� V
A minimum width of twenty-two ( 22) feet for a driveway shall be
provided for two-way traffic movement, or two driveways of twelve
( 12) feet minimum width each shall be provided for one-way traf-
fic into and out from the guest parking area.
r
E. Curb cuts .
No more than two curb cuts on a major arterial street or high- ! 1'
way shall be permitted . -J
F. Landscaping .
- 1
All rear and sideyards must be planted to a minimum of two ( 2)
feet in width with dense shrubbery, or a combination of a decora-
tive fence and shrubbery.
G. Illumination.
-,I
Driveways must be adequately lighted so as to provide safe
access and egress . Lighting shall be placed so as to produce no
r �
glare to passing motorists or adjacent property.
H. Uses .
Motels constructed must be limited to guest accommodation and
Supp. #10, May 1, 1985 . 30. 34
; r
ZONING § 30. 40
1 management offices and uses accessory thereto .
r
§ 30. 40 General standards applying to all land uses
A. All uses hereafter permitted shall conform to the - current
New York State Board of Health Requirements and to the standards
listed below:
1. Noise . Noise levels at any point along the lot line of
any land use shall not exceed intensities considered acceptable
by the American Standards Association. Sound or noise levels
deemed by the ASA standards injurious or detrimental to adjacent
land uses MUST BE CONFINED TO THE EMITTING LAND USE.
2. Smoke . No smoke shall be emitted in violation of any
provisions of this Municipal Code .
f � 3. Odor. No odor shall be emitted in violations of any
provisions of this Municipal Code .
4. Ash, dust, dirt. No amount of soot, cinders, dust or
dirt shall be emitted in violation of any provisions of this
Municipal Code.
.5. Glare and heat. No direct or reflected glare or heat
from any source shall be detectable beyond the lot lines of any
land use .
6. Pollution. No connection with any public sewer or
appurtenance shall be made or maintained in such a manner that
there may be conveyed or created any hot, suffocating , corrosive,
inflammable, poisonous or explosive liquid, gas, vapor, substance
!^ or material of any kind . No wastes conveyed to or allowed to
; 9 flow in and through the sewer or appurtenance shall contain
materials which contain or create deposits obstructing flow in
the sewer .
7. Vibration. No use shall be operated so that ground
vibration is perceptible without instruments, at any point along
the lot lines of such uses.
ru B. Yard Maintenance.
All owners of occupied or vacant buildings, or vacant but pre-
viously developed lots, shall be required to comply with the
Supp . #10, May 1, 1985 . 30. 35
4
t �
I
§ 30. 40 MUNICIPAL CODE
following yard maintenance standards :
1. Any yard area ( front, side, and rear) belonging to an
occupied or vacant building , and any previously developed vacant
lot, shall be cleared and maintained free of trash, solid debris,
or any other material that causes litter and accumulates to
unhealthy and blighting proportion. Composting of vegetation or
food scraps which does not throw off any obnoxious odor shall not r
be prohibited by this section.
2. No grass, weeds, or vegetation whatsoever shall be per- ;t
mitted to grow or remain on the side, front and/or rear yards of _
any property containing an occupied or vacant building , or any
previously developed parcel , to such extent as to produce an
unsightly, disagreeable appearance objectionable to the neigh-
borhood and not consistent with neighborhood standards of yard
upkeep, or to throw off any obnoxious odor. Any vegetation
planted for some useful or ornamental purpose shall not be ?
governed by this requirement.
3. The Building Commissioner shall notify the owner of the '--'
property in writing of any violations of this section. Such
notice shall be served in person or by mail to the address
appearing on the City tax roll , requiring such person "within a -'
time specified in such notice, but in no event less than five ( 5 )
days from the service or mailing thereof, to comply with this C
section and to cause the grass, brush, or rubbish to be cut back
or removed so as to comply with this Section. Such notice shall
also state that the property owner may contest the finding of the
Building Commissioner by making a written request to have a -f
hearing on the matter to be held at the next regularly scheduled
meeting of the Board of Public Works ; this written request must
be mailed and postmarked, or personally delivered , to the
Building Commissioner within the 5-day compliance period; any
such written request for a hearing shall automatically stay
further enforcement concerning the alleged violation pending such
hearing; the decision of the Board of Public Works , by majority
vote, shall be binding
, subject to any further judicial review
available to either the City or the property owner . Upon the
failure of such owner to comply with such notice, or alter-
natively request a hearing as aforesaid, within the time limit 1
stated therein, or upon a Board of Public Works determination
after a hearing that a violation exists, the Building
Commissioner shall refer the matter by memorandum to the
Superintendent of Public Works , who shall cause such premises to
be put in such condition as will comply, and shall charge the
Supp. #10, May 1, 1985 . 30. 35-a
t �r
a
ZONING § 30 .41
{ .� cost thereof to the owner of said premises, including a fifty
percent (50%) charge for supervision and administration. The
minimum charge to the property owner shall be twenty-five dollars
($25 .00) . Bills rendered for such sevices shall be handled in
the manner prescribed by Section 272 . 2 of the Municipal Code .
4. In cases where the Board of Zoning' Appeals finds that a
property is of such size or of such topographical characteristics
as to make compliance with this Section impractical or a finan-
cial hardship to the owner, the Board may grant an exemption (or
L+ a partial exemption to the extent dictated by the special
circumstances) from the requirement. Similarly, if the Board
finds that there exists a situation involving desirable plant
species or animal habitat deemed worthy of preserving, it may
f4 grant an exception from the requirements . [§ 30 .40 amd. Ord.
#85-5; 5/l/85 by' adding Subd .,, ,B. ]
§ 30 .41 Special performance standards - Industrial District
A. Intent.
To permit a broad range of uses in certain Industrail Districts
by. establishing ' standards of 'performance to protect residential
-- Districts from adverse effects of industrial activities and to pro-
mote a safe and healthy enviornment in and near Industrial
Districts.
B. General Restrictions .
All uses in districts where reference is made to this Section
shall conform to performance standards herein and shall be
i� constructed, maintained and operated so as not to be injurious or
offensive to occupants of adjacent properties or to those passing
by on a public way ,by reason of emission of noise, vibration,
smoke, dust, or other particulate matter, toxic or noxious waste
materials, odors, fire and explosive hazards or glare.
t ' 1 . All production or processing of materials or substances
shall be enclosed by a fence or other safe , barriers for the
public safety and. visual screening.
2. All storage shall be effectively screened from view of
�i pedestrian passers-by on any public way adjacent to the premises
containing such storage .
3 . Storage of waste products must be completely enclosed
j Supp. #10 , May 1, 1985 . 30 . 35-b
{
f
§ 30. 41 MUNICIPAL CODE
within a building or storage shed .
4. Outside display of finished or semi-finished products must
be effectively screened from view of pedestrian passers-by on any
public way adjacent to the premises on which such products are
displayed .
C. Noise .
Sound levels shall be measured with a sound level meter and
associated octave band filter and they shall not exceed standards
prescribed by the American Standards Association at any point
along the sound-producer' s lot line . Objectionable noises due to
intermittance, beat frequency, or shrillness shall be muffled so
as not to become a nuisance to adjacent uses .
D. Vibration.
No use or associated activity shall be operated so that ground
vibration is perceptible without instruments at any point along
the lot lines of such uses .
E. Smoke . J
No smoke shall be emitted in violation of this Municipal Code .
Industries shall be required to monitor their own emissions when
the County Health Department finds it necessary for environmental
health reasons to check an industry' s smoke, particulate or heat
pollution levels . p
F. Dust, dirt, odor, fumes .
No amount of dust, dirt, soot, or cinders, odors, or fumes ='
shall be emitted in violation of this Municipal Code . Every use
shall be so operated as to prevent the emission into the air of `
dust, or other solid matter , odors, or fumes in amounts which
exceed the maximum standards of the New York State Board of
Health. No objectional , noxious , toxic or corrosive fumes or '
gases shall be emitted . A noxious or objectionable odor con-
centrate shall be deemed to be present at the point at which it
can be perceived by smell , or otherwise affects the breathing
process.
[Next page is 30. 361 _
Supp. #10, May 1, 1985 . 30. 35-c
r
ZONING § 30. 41
G. Fire and Safety.
All uses must conform with Building Code standards and shall
operate so as to minimize the danger of fire or explosion by con-
forming with the requirements of the National Fire code.
H. Glare and heat.
4
-` Glare or heat resulting from the day-to-day operation of the
_ y industry or from "exterior signs, building materials or other
objects situated on the lot shall not be detectable beyond the
lot -line of that land use .
; i I. Industrial sewage and waste .
Every use shall be so operated as to prevent the discharge into
any public sewer, stream, river, lake or the ground of waste or
other matter in amounts which will exceed the maximum standards
of the Tompkins County Health Department and the New York State
Department of Environmental Conservation. No. connection with any
public sewer or appurtenance shall be made or maintained in such
a manner that there may be conveyed or created any hot, suf=
focating, corrosive, flammable, poisonous , or explosive liquid,
gas, vapor, or substance, or material of any kind . No wastes
r conveyed to or allowed to flow in or through the sewer or appur-
tenance shall contain materials
4
[Next page is 30. 371
I
Supp. #10, May 1, 1985 . 30. 36
F0
ZONING § 30.42
which contain or create deposits obstructing flow in the sewer .
J. Enforcement. � f
The Building Commissioner shall be responsible for alerting the
appropriate agency or department of a need for performance measure-
ment when he becomes aware of a possible infraction of the Special '
Performance Standards . Enforcement of this Section shall be under
the jurisdiction of the Building Commissioner and shall comply
with Article V of this Chapter .
K. Penalties for violation.
i '
Any person who violates any provision of this Section shall be
guilt of an offense. Each week's continued violation will consti-
tute a separate offense. Each offense shall be punishable by a
fine not exceeding one thousand dollars ($1 , 000 .00) .
L. Civil proceedings .
4
1
In addition to other remedies , the Building Commissioner may
institute appropriate action or proceedings to prevent any unlaw-
ful conduct or emissions prohibited by this Section, or to compel ,
compliance with the provisions of this Section.
® 30.42 Location of accessory structures
Accessory structures including private garages , storage shed,
tool house, garden house, play house, or similar structure shall
be exempt from side yard requirements contained in the District ;_ i
Regulations Chart in § 30. 25 , and shall be governed by the
requirements below.
A. Accessory structures wholly or partially above grade .
Accessory structures which are wholly or partially above fin- f
ished grade are permitted in any side or rear yard, but not in a -'
required front yard except as permitted under the further pro-
visions of this Section. Corner lots. shall be considered to have
two (2) front yards .
B. Accessory structures below grade.
i1
Any accessory structure may be placed anywhere on a building lot
if it is entirely below finished grade or entirely below -first
floor level , provided it does not obstruct light and air from ,
adjacent property, subject to the further provisions of this
Section.
C. Frame accessory buildings .
Frame accessory buildings may not be placed less than three (3)
30 .37
i �
5 30 .44 MUNICIPAL CODE
feet from any side lot line or rear lot line in all districts
except in R-1 districts where accessory buildings may not be
placed less than six (6) feet from any side lot line nor less
than three (3) feet from any rear lot line , subject to further
provisions of this Section.
i D. Garage or carport
Erection of a detached garage or carport for the accommodation
of private passenger vehicles across a common lot line by mutual
agreement between adjoining property owners shall be permitted.
30.43 New structure along streams and inlet
No new structure shall be located nearer than twenty (20) feet
from an inlet wall or from the bank of an inlet channel or stream
measured at an average water level except for those structures di-
rectly connected with marine or puVlic or commercial recreation ac-
tivities . (See Illustration
XVIII) .
30 .44 Flood Plain
A. Purpose. '? '• ,='
r
The purpose of this Section
is to establish land use and
control measures that will im-
prove and preserve the ability
and capacity of the flood plain
to withstand the effects of
flooding with the least threat
to the health, safety, and
welfare of the inhabitants of ruse Nl°N wA-tat�the City of Ithaca. These Ge LZvec.
?v measures shall be consistent W, MIN_
with Federal criteria in order
to assist the municipality to
become eligible for flood in-
surance under the National In-
surance Act of 1968 . (42 USC
,r
400-4127 , 82 Stat. 572) .
B. ' Intent .
Ill . XVIII. Structure near
i It is the intent of this water .
2ti Section to minimize the po-
tential loss of life, and pro-
perty- during periods
30 .38
- G
ZONING § 30.44
of flooding by regulating the alteration and development of those '
areas within the flood plain.
C. Non-liability.
s
The City of Ithaca does not guarantee, warrant or represent that
those structures or other improvements designed and constructed in
accordance with this Section will not be subject to flood damage _
and hereby asserts that there is no liability on the part of the
Common Council, its agencies or employees for .any flood damage that
may occur as a result of reliance upon and compliance with this ;
Section.
D. Alterations.
No exterior structural alteration or addition to an existing
structure shall be made until a permit shall first have been issued
by the Building Commissioner.
E. Use Zones .
1 . Floodway Zone - FW-1
It is hereby found and declared that the unmanaged use, altera-
tion of topography, excessive filling, channel encroachment or
similar acts affect -the natural discharge of water through
flood plains and constitute a threat to the health, safety and
welfare of the inhabitants of the City of Ithaca, and to the
economic vitality of the community. The purpose of the Flood-
way Zone is ' to protect the health, safety, and welfare of the
inhabitants of the City of Ithaca, from hazards due to periodic
flooding. This shall include the protection of persons and pro-
perty, the preservation of water quality and the minimizing of
expenditures for relief, insurance and flood control projects .
a. Delineation of the Floodway Zone FW-1
There ishereby established a FW-1 Zone to accomplish the pur-
poses of this Sub-section. The boundaries of the Floodway
Zone (FW-1) are delineated more specifically on the Flood Plain
Zoning map which is part of this Section. The delineation of
the FW-1 Zone is based upon an area comprising the channel of
a river or other watercourse and the adjacent land areas re-
quired to carry and discharge a 100-year flood. This ordinance
does not imply that areas outside flood zone boundaries or land
uses permitted within such district will be free from flooding
or flood damages .
The provisions of this Section shall take precedence over any
other zoning article, ordinance and code to the extent that the pro-
visions of this Section are inconsistent with such other provisions .
( a
t_I
i �
30 .39
30 .44 MUNICIPAL CODE
b. Permitted Uses
The following uses are permitted as of right :
(1) General Farming , including but not limited to the growing
and raising of vines , shrubs , berries , vegetables , nur-
sery stock, hay, grains , and similar food and fiber crops ,
pasture and grazing.
(2) Sale of agricultural products grown, raised or produced ' '
on the premises .
(3) Open recreation uses such as parks , playgrounds, riding
trails , golf courses , and driving ranges ; but not in-
cluding such intensive commercial recreational uses as
race tracks or amusement parks .
i (4) Wildlife and game preserves .
(5) Off-street parking areas , providing that no overnight
parking is permitted.
(6) Lawns , gardens and play areas .
(7) Historic , scientific and scenic area preservation.
c . Special Provisions
(1) No new structures or improvements to existing structures .
will be permitted within the Floodway Zone.
(2) No structure within the Floodway Zone shall be used
for human habitation..
(3) No structure (temporary or permanent) , fill for any pur-
pose, deposit, obstruction, storage of materials or equip-
ment , or any other use shall be permitted which will re-
duce the capacity of the floodway, increase flood heights ,
increase velocity or obstruct, catch or collect debris
which will obstruct flow under flood conditions .
2. Flood Hazard Zone - FH-1
The purpose of the Flood Hazard Zone is to protect the health,
safety, and welfare of the inhabitants .of the .City of Ithaca
from hazards due to periodic -but infrequent flooding. This
shall include the protection of persons and property, the pre-
servation of water quality, and the minimizing of expenditures
for relief, insurance and flood control projects .
a. Delineation of the Flood Hazard Zone FH-1
{ There is hereby established an FH-1 zone to accomplish the
I
30 .40
�1
t '
ZONING § 30.44
purposes of this Subsection. The boundaries of this
FH-1 zone are delineated more specifically- on the Flood
Plain zoning map which is part of this Section.
The delineation of the Flood Hazard Zone FH-1 is based
upon the land areas that are subject to inundation
by the 100-year flood and are not included in the areas
designated as Floodway Zone FW-1 .
Larger floods may occur on rare occasions or the flood
g y !
heights may be increased by man-made or natural causes , j
such as ice jams and bridge opeinings restricted by debris .
This Section does not imply that areas outside boundaries
or land uses permitted within such zone will be free from
flooding or flood damages .
The provisions of this Section shall take precedence over
any other zoning article, ordinance and code to the extent 4;
that the provisions of this Section are inconsistent with
such other provisions .
b . Special Provisions Applying to the Flood Hazard Zone -
Any .use permitted within the City by this ordinance shall,
if located within the FH-1 Zone , meet the following require-
ments in addition to those otherwise applicable to it under
district regulations .
A building permit shall be issued for new construction of
substantial improvements at a proposed building site which
has been determined to be located within the Special Flood F ,
Hazard Area if the proposed construction or alteration is
in full compliance with the statutes of the State of New
York, National Board of Fire Underwriters standards and
all other applicable City Codes and the following special
FH-1 zone regulations :
i. (a) Alterations or repairs shall use construction mate- ,
j
rials and utility equipment that are resistant to flood
damage and
it
(b) Use construction methods and practices that will T
minimize flood damage. - a
ii. Proposed new construction or substantial improvements
(including -prefabricated and mobile homes) shall
(a) Be protected against flood damage .
; r
(b) Be designed (or modified) and anchored to prevent
flotation,. , collapse, or lateral movement of the struc-
ture.
(c) Use construction materials and utility equipment
that are resistant to flood damage .
30 . 41
-
30.44 MUNICIPAL CODE _
(d) Use construction methods and practices that will mini-
mize flood damage.
iii. Require new or replacement water supply systems and/or
sanitary sewage systems to be designed to minimize or
eliminate infiltration of flood waters into the systems
and discharges from the system into flood waters and re-
quire on-site waste disposal systems to be located so as
to avoid impairment of them or contamination from them
i- during flooding.,
iv. Joist bearing sills shall -be anchored to the foundation
walls at intervals not to exceed eight feet (8'.), and four
feet (4 ' ) at corners, by anchor bolts not less than three-
quarter inch (3/4") in diameter with proper washers em-
bedded at least two feet (2 ' ) into such walls .
v. Before a permit is issued in an FH-1 zone :
(a) The Building Commissioner shall take into account flood
plain management programs , if any, already in effect in neigh-
boring areas .
(b) The Building Commissioner shall provide that within the
Flood Hazard- Zone the laws and ordinances concerning the
land use and control and other measures designed to reduce.
flood losses shall take precedence over any conflicting laws,
ordinances or- codes .
(c) The Planning and Development Board in cooperation with
the Board of Public Works shall review subdivision proposals,
and other proposed new developments to assure that :
I (1) All such proposals are consistent with the need to
- minimize flood damage.
(2) All. public utilities and facilities , such as sewer , gas ,
electrical and water systems are located, elevated and con-
structed to minimize or eliminate flood damage.
(3) Adequate drainage is provided so as to reduce exposure
to flood hazards .
F. Establishment of Areas and Area Regulations
1. Area Boundary Lines . The delineation of Floodway Zone FW-.1
j and Flood Hazard Zone F11-1 areas and their boundary:.lines are
drawn on the Official Map (entitled Flood Plain Zoning Map)
accompanying this Section and said Map shall be part of this
Section.
2. Official Map: Area boundary lines shall be interpreted from
the Official Map accompanying this Section. Dimensions of
such lines shall be scaled from the Official Map and compared
with ground distances between definite natural or man-made
30. 42
ZONING
30 .45
points . Thereafter, said Map shall become the Official
` Ma when approved b the Common Co
uncil.
.. P PP Y
3 . Interpretation. In the case of uncertainty as to the true
location of the area boundary lines or on interpretations
of area regulations , the decision of the Board of Zoning
Appeals is final .
4. Ma Modification. The area -boundary line m e
P s a b further
. Y Y
modified following the establishment of a Flood Insurance
Rate Map prepared after the ratemaking study for the City
has been completed and the actuarial rates have been estab-
lished. Further modifications shall be in accordance with
amendment procedures as set forth in this Section.
5 . Application of regulations . The regulations for the Flood
Plain areas shall be adhered to in compliance with this Sec-
tion. ;
30.45 Marine Commercial District
A. Intent.
The Marine Commercial District is of special and substantial pub-
lic interest because of the potential it provides for marine, com-
mercial , recreational and residential development. The most .suita-
ble use of this area is to insure the enhancement and enrichment of
the City of .Ithaca , to permit the growth of marine and marine-re-
lated uses which could not viably exist except in close proximity
to this °particular body of navigable water. The physical develop-
ment must be harmonious with and environmentally suitable for the
area under consideration; and conversely, the area shall be main-
tained in a manner that will attract and provide a beneficial at-
mosphere for marine uses . Principal views of the Inlet shall be pro- {
tected; also a superior level of amenity and safety and pleasant
pedestrian circulation shall be promoted. The intent of the Marine
Commercial District is in conformance with the General Plan which {
states that the Inlet should be developed -to exploit its unique
water character and view and its tourist potential .
B. General restrictions .
In a Marine Commercial District , no building or premises shall
be used and no building or part of a building shall be erected which
is arranged, intended or designed to be used, in whole or in part,
for any purpose except as listed in § 30 . 25 .
G
C. Landscaping and screening.
At least twenty (20) percent of any site facing a public way or
a water way must be landscaped and properly maintained to preserve
the natural verdure and woods of the waterfront area.
All plans submitted for a building permit shall show the location
of all existing trees on the site that are three (3) inches or more -�
in diameter, and shall retain the natural character of the site.
G
30. 43
§ 30 .47 MUNICIPAL CODE
The applicant shall submit a landscaping and screening plan showing
buffer strips , fences , streets , walkways , shrubbery, etc . All lot
lines abutting residential uses shall be screened by evergreen plant-
ings or decorative fencing to block emissions and glare and to muffle
noise .
D. Bulkhead requirements .
Bulkheads shall observe Barge Canal System standards and the estab-
lished bulkhead line. No pier, or any other structure, is permitted
beyond the bulkhead line .
§ 30.46 Landmarks
Officially designated landmarks or landmark districts of the City
shall be governed by the provisions of Chapter 32 of this Municipal
Code with respect to changes in appearance. The Building Commission-
er shall be responsible for informing applicants of building, grading,
excavation or demolition permits , affecting any landmark structure,
monument , site or district , of the existence of such provisions . He
shall further refer such application together with all necessary draw-
ings and written material necessary for full description of the work
proposed, to the City Landmarks Commission for review and report.
prior to issuing any such permit . Upon receipt from the Commission
of a Certificate of. Appropriateness concerning the proposed work,
the Building Commissioner may issue such permit, and may require any
changes to the proposed work which the Commission recommends .
30.47 Nonconforming uses
A. Whenever the regulations for a district in which a building or
land' is located are changed by amendment so that the use under the
new regulations is nonconforming, that use may be continued as a
legal nonconforming use under the new regulations only if one or
- more of the following conditions are met :
1 . The use conformed to the regulations in effect before the
amendment;
2. The use, if nonconforming under the previous regulations ,
had been established -as a legal nonconforming use either by variance
granted by the Board of Appeals or by the fact that the use had been
in existence prior to and at the time of the enactment of regulations
which rendered it non-conforming .
It shall be the responsibility of the Building Commissioner to
determine on a case-by-case basis which buildings or land have uses
which will become legal non-conforming uses under the new regulations .
In making these determinations he shall rely on the property records
in his office, based on the most recent information available for
each building or land. In cases where the actual property use dif-
fers from the use of record, it shall be the property owner ' s re-
sponsibility to file a claim with supporting documentation to the
Sui]ding Commissioner within ninety (90) days after the effective date
30. 44
ZONING § 30.49
of the amendment changing the regulations. The Building Y
Commissioner shall then review these claims, and at his sole
discretion determine whether the claim is valid. Such deter-
minations shall be made within nine (9) months of the effective
date of the amendment changing the regulations . The Building
Commissioner may require such additional information or testimony
as he deems necessary in making his determination, and may also
deny a claim on the basis of inadequate information supplied by
the claimant . Any property owner aggrieved from a decision by
the Building Commissioner may appeal to the Board of Appeals for
relief. Any property owner who fails to file a claim within the
ninety day filing period may also file with the Board of Zoning
Appeals, following the provisions of § 30. 58 et seq of this
Article.
B. Legal non-conforming uses of any building or land shall
adhere to the conditions of § 30.48 through § 30. 53 of this
Article although such use may not conform with other provisions
of this Chapter. The lawful use of any building or land legally
existing at the time of enactment of this Chapter may be con
tinued only subject to the provisions of § 30.48 through § 30. 53
of this Article.
§ 30.48 Construction approved prior to adoption of or amendment
' I
to Chapter
Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a building
permit has been heretofore issued and which entire building
shall be completed according to such plans as filed within two
(2 ) years from the effective date of this Chapter or any amend-
ments hereto.
§ 30.49 Repair, changes in use, extension or enlargement of non-
conforming uses or structures
A. Repair of nonconforming uses or structures .
Necessary or desired repair of any nonconforming structure, or —
i
of any structure housing a non-conforming use, declared unsafe by
proper authority, shall be accomplished in accordance with all
applicable regulations .
PP
B. Changes of non-conforming use. i
Supp. #14, 4/24/89. 30.45
l
§ 30 .49 MUNICIPAL CODE
A non-conforming use may be changed only to a use permitted in
the district in which it is located. Once changed to a con-
forming use, no building or land shall be permitted to revert to
a non-conforming use.
C. Extension or enlargement of non-conforming uses or
- structures .
i �
-{ A non-conforming use may not be extended or enlarged to other
- structures, nor may a non-conforming use be extended or enlarged
to other portions of structures not devoted to such use or to
other land, nor may a non-conforming structure be extended or
- enlarged, except by means of a variance granted by the Board of
Appeals . In all districts any legal non-conforming use or struc-
ture existing at the time of enactment of this Chapter as
amended, or subsequently constructed in compliance with a
i variance, shall not be extended or enlarged except in compliance
with the regulations of this Chapter as amended for each par-
ticular district . [Subd. C amd. Ord #89-5; 3/l/89. 1
§ 30. 50 Discontinuance of nonconforming use
Non-operation or non-use of a nonconforming use for a period of
twelve (12) successive calendar months or more shall terminate
the right to operate such nonconforming use, except that a non-
conforming use that ceases to operate because of national
emergency may be resumed within twelve (12) successive calendar
months from the time such emergency terminates , and except
further that when the nonconforming use is discontinued due to
litigation it may be resumed within twelve (12) successive calen-
dar months from the time such litigation is ended.
§ 30 .51 Restoration after damage
A nonconforming building which is entirely devoted to a con-
forming use may be rebuilt or reconstructed in whole or in part
when it is damaged by fire or other causes provided that the
floor area, occupancy, and exterior dimensions are not increased
in the new building when compared to the old building as it
existed° in an 'undamaged state. [Amd. Ord. #80-1 , 3/5/80 by
adding clause beginning with word "provided" . ]
Supp. #14, 4/24/89. '30.46
ZONING § 30. 52
§ 30. 52 Cessation of automobile wrecking yard or- junk yard in
Residential or Business District
Notwithstanding any other provisions of this Chapter, any auto-
mobile wrecking yard or junk yard in existence in any Residential
or Business District on the date of enactment of this Chapter
shall at the expiration of six (6) years from such date become a
prohibited and unlawful use and shall be discontinued but this
shall not apply to completely enclosed transfer stations for
recyclable materials in B-4 and B-5 Districts .
[Next page is 30.471
Supp. #14, 4/24/89 . 30.46-a
ZONING § 30 .55
30 .53 District changes
Whenever the boundaries of a district shall be changed so as to
transfer an area from one district to another district .of a dif-
ferent classification, the foregoing provisions shall also apply
to any nonconforming uses created thereby.
§ 30 .54 Enforcement officer; assistance; orders and appeals
[A] . This Chapter shall be administered and enforced by the
Building Commissioner. The Building Commissioner may call upon
the City Prosecutor or other legal assistance where necessary to
enjoin or prosecute violations of this Chapter . No building per-
mit or certificate of occupancy shall be issued by the Building
Commissioner except where all provisions of this Chapter shall
have been met and complied with, or under specific written order
of the Board of Appeals.
B. Any person ordered to comply with the provisions of this
chapter or to cease and desist any use prohibited by this
chapter, and who is in disagreement with the judgment of the
Building Commissioner , may appeal to the Board of Zoning Appeals ,
provided that a written statement setting forth the reasons for
such appeal be filed with the secretary of the Board within 30
days from the service of the order upon such person and that such
appeal be otherwise commented pursuant to the provisions set
forth in § 30 .58 relating to procedures before the Board. The
Building Commissioner shall notify such person of this right ' to
appeal and of this 30 day time limitation. [Subd. B added Ord.
#87-23 , 8/5/87 . 1st unlettered 11 prefaced editorially with "A"
to maintain format..]
§ 30 .55 Building permits
No building or structure shall be erected, added to or struc-
turally altered until a building permit therefor has been issued
by the Building Commissioner. All applications for such permits
shall be in accordance with the requirements of all applicable
regulations . The . Building Commissioner shall not issue a
building permit hereunder until he has determined that all of the
provisions of this Chapter and any other applicable laws or regu-
lations have been complied with ( See also Chapter 26 , Building
Code Enforcement) . No temporary, conditional or verbal building
permits shall be issued to allow grading, construction or other
work requiring such a permit. Fast-tracking will be permitted
upon application to and approval of the Building Commissioner .
Supp. #13 , 5/4/88 30 .47
1 `
§ 30 . 56 MUNICIPAL CODE
§ 30 . 56 Neighborhood or private parking area permit
No neighborhood or private parking area may be constructed,
added to, or altered until a permit therefor has been issued by
the Building Commissioner. All applications for such permits
shall be in accordance with the requirements of this Chapter
governing the construction of neighborhood or private parking
areas .
§ 30 . 57 Certificate of occupancy
A. Required.
No land shall be occupied or used and no building hereafter"
erected, altered or extended shall be used or changed in use until
a certificate of occupancy shall have been issued by the Building
Commissioner, stating that the building or proposed use thereof
complies with the provisions of this and other applicable
Chapters of this Municipal Code governing the use and occupancy
of land and buildings .
B. Nonconforming use .
No nonconforming use shall be renewed, changed, or extended
without a certificate of occupancy.
C. Issuance.
All certificates of occupancy shall be applied for coincident
with the application for a building permit. Said certificate
shall be issued only after the completion of the building, or
the alteration thereto, shall have been approved as complying
with the provisions of this and other applicable Chapters of this
Municipal Code.
D. Records.
The Building Commissioner shall maintain a record of all cer-
tificates and copies shall be furnished upon request to any per-
son having a proprietary or tenancy interest in the building
affected.
E. Temporary certificate .
P Y
Upon request, the Building Commissioner may issue a temporary
Supp. #13 , 5/4/88 30 .48 i
s_.
I
ZONING § 30. 58
l certificate. of occupancy for a building or structure, or part
i -� thereof, before the entire work covered by the building permit
shall have been completed provided such portion or portions as
have been completed may be occupied safely without endangering
life or the public welfare.
§ 30.58 Board of Appeals
A. Creation, appointment and organization.
The Board of Appeals shall consist of six (6 ) members, as pro-
vided in Section 81 of the General City Law. The Board at the
first regular meeting each year shall elect one of its own mem-
bers as Chairman. In the absence of the Chairman at any meeting,
the Board shall choose an Acting Chairman for that meeting. The
Building Commissioner shall be the Secretary of the Board of
Appeals. The Board of Appeals shall adopt from time to time such
rules and regulations as it may deem necessary to carry into
effect the provisions of this Chapter and all its orders and
resolutions shall be in accordance therewith.
These rules and regulations shall be in effect when filed with
! the City Clerk after the first and prior to the second meeting of
the Board annually.
B. Powers and duties.
The Board of Appeals shall have all the powers and duties
prescribed by law and by this Chapter, which are more par-
ticularly specified as follows :
1. Interpretation. Upon appeal by any aggrieved party from a
decision by an administrative official , -to decide any question in-
volving the intent of any provision of this Chapter, including de-
(Next page is 30.491
Supp. #13 , 5/4/88 30 .48-a
ZONING 30. 58
termination of the exact location of any district boundary if
i there is uncertainty with respect thereto . The Building Commis-
sioner may himself apply to the Board of Appeals for interpre-
tation of any provisions of this Chapter.
2. Special permits . (See 30. 26 .) To issue special permits
n the uses for whici this Chapter requires the obtaining
for any p q g .
of such permits . No special permit shall be granted without the
prior report of the Planning and Development Board as provided
in Subdivision C of this Section.
3 . Variance.
Use variance: Where there are practical difficulties or unneces-
sary ar s ip imposed by strict application .of regulations govern-
ing permitted -uses or permitted accessory uses , as set forth in
this Chapter, the Board of Zoning Appeals shall have the power pur-
suant to Subdivision 3 of Section 81 of the General City Law, to
grant a variance modifying the application of these regulations .
In reaching a decision or determination of practical difficulties
or unnecessary hardship of the Board of Appeals shall find the fol-
lowing conditions are present before granting a variance to the
use regulations of this Chapter :
a. That there are special circumstances or unique conditions,
fully described in the findings of the Board, applying to
such land or buildings and not applying generally to land
or buildings in the neighborhood, which would prevent said
land or buildings from yielding a reasonable return if
used for any permitted purpose .
b . That for reasons fully set forth in the findings of the
Board, the granting of the variance is necessary for the
reasonable use of the land or building.
c. That the granting of the variance will be in harmony with
the general purposes and intent 'of this Chapter, and will
not be injurious to the neighborhood or otherwise detrimen-
tal to the public welfare .
Area variance JThere there are practical difficulties or special
conditions which make regulations governin lot size, yard size,
building height, off-street parking and all other regulations , ex-
cept USE of land, . unreasonable or impossible to comply with, the
Board of Appeals shall have the power, pursuant to Subdivision 4
of Section 81 of the General City Law, to grant a variance modify-
frig these regulations as long as the spirit of the regulation to
be altered, and of the Chapter , is observed.
When a variance is granted by the Board of Appeals and a building
permit to construct the building or part thereof for which the vari-
ance has been granted has not been obtained within one year from the
day of the granting of the variance, said variance shall become void.
30 .49
30 . 58 MUNICIPAL CODE
In granting any variance, the Board of Appeals may prescribe any
conditions -that it deems to be necessary or desirable so that the
spirit of this Chapter shall be observed, public safety and wel-
fare secured and substantial justice done.
- C. Procedure.
1. The Board of Appeals shall act in strict accordance with the
procedure specified by law and:by this Chapter . All appeals and
applications made to the Board shall be in writing, on forms pre-
scribed by the Board and shall be filed with the Secretary of - the
Board, who shall forward them forthwith -to the Board.
2. Every appeal or application for relief shall set forth the
interpretation that is claimed, or the use for which a special per-
mit is sought , or the details of the variance applied for and the
grounds for which it is claimed that the variance should be granted ,
as the case may be.
3 . In requesting consideration of a variance the appellant shall
provide in duplicate a dimensioned drawing showing the site layout
proposed and including a sketch drawing of the main elevation in-
dicating proposed building materials and landscaping treatment .
Any significant change in the plan and elevation drawing originally
submitted must be approved by the Board of Zoning .Appeals .
4. The appellant shall , at the time of filing his appeal , pay
to the Building Commissioner, a fee of fifteen dollars ($15 . 00) to
help .defray the cost of the required legal notice and other inci-
dental expenses . However , an officer or administrative official
of the City of Ithaca acting in' his official capacity shall not be
required to pay said fee.
5 . If a variance or a special permit is requested, the appellant
shall send notice of same by mail to all property owners within
two hundred (200) feet from the boundaries of the lot under con-
sideration. Such notice shall state the relief sought, the type
of use contemplated, and such additional information *as shall be
required by the Building Commissioner , and shall be mailed five
(5) days prior to the meeting of the Planning and Development
Board which next precedes the public hearing. Proof of such mail-
ing shall be filed with the Board of Appeals prior to the holding
of the public hearing.
6 . At least seven (7) days before any meeting of the Planning
and Development Board which precedes the date of the hearing re-
quired by law on any application or appeal to the Board of Appeals ,
the Secretary of said Board shall transmit to the City Planning and
Development Board a copy of said application or appeal, together
with a copy of the notice of the aforesaid hearing. When a variance
or special permit is requested, no Board of Appeals action thereon
shall be taken until the City Planning and Development Board has
submitted a report as to conformance with long range planning ob-
i ;
I�
30 . 50
i
ZONING § 30. 58
�. jectives. Such report must be made by the City Planning and
Development Board in writing within thirty (30) days for the date
of transmittal from the Secretary of the Board of Appeals, unless
the transmittal is made less than seven (7) days before such,
Planning and Development Board meeting, or does not contain suf-
ficient information for the Board's deliberation; in such cases
the Planning and Development Board may act on the appeal at its -=
discretion, but shall not be required to do so prior to its next
regular monthly meeting and shall so inform the Secretary of the
Board of Appeals prior to, the scheduled hearing-. If the City -
Planning and Development Board fails to make said report or
recommendation as directed above, the Board of Appeals may act on
the variance or special permit requested.
7. Notice of public hearing on appeals and adjourned or_
rescheduled hearings on said appeals shall be given by publica-
tion twice in the official newspaper of the City of Ithaca, which
notice shall state the relief sought, the appellant ' s name and ! '
the location of the property and the date of said hearing. The
first notice shall be not .less than three ( 3) days before the
date of the public hearing.
8. Every decision of the Board of appeals shall contain a
full record of the findings of the Board in the particular case
and a written summary of the evidence presented at the hearing. -`
In the case of a variance, in addition to the foregoing, all fin-
dings and documentation required by Subsection B of this Section
shall be included in said summary.
9 . Any person or persons aggrieved by any decision of the
Board of Zoning Appeals or any officer, board, department or
bureau of the City may apply to the Supreme Court for relief by a
proceeding under Article 78 of the Civil Practice Law -and Rules,
as provided in Section 82 of the General City Law, such pro-
ceeding to be. instituted within thirty ( 30) days of the filing of - I
such decision in the office of the Board.
D. Special referral.
The Board of Appeals shall refer variance requests, special
permit requests and other matters to the Tompkins County Planning
Board in accordance with General Municipal Law § 239-1 and §
239-m, when such matters relate to property within 500 feet of
any municipal boundary or of such facilities as county or state-
operated parks, highways, institutions or governmental buildings .
Supp. #12, May 7, 1987 30. 51 �
§ 30. 59 MUNICIPAL CODE
§ 30. 59 Design Review Board
A. Creation, Appointment, Membership and Organization.
r The Mayor shall, with the approval of the Common Council;
appoint a Design Review Board consisting of five ( 5) members, of
whom at least four (4) shall be residents of the City of Ithaca
or maintain professional offices within the boundaries of - the
City. At least one member shall be a registered architect, and
one shall be a member of an allied design profession, e..g. ,
{ landscape architect, urban designer, architectural historian,
interior designer, graphic artist, etc.
The term of membership on the Design Review Board shall. be for
three years, except that the initial members shall be appointed
as .follows: one member for one �(1 ) year, two members for two (2)
years, and two (2 ) members for three years. The Director of
Planning and Development or his designee shall .serve as secretary
to the Board and as a non-voting member.
The Board shall, at its first meeting . of each year elect one of
its members as chairman. In the absence ,of the chairman at any
meeting, the Board shall choose an acting chairman for that
meeting. Meetings shall be called by the Chairman or -by the
Director of Planning and Development and shall be held at least
once annually, in- January.
The Design Review Board shall from ' time to time adopt such
rules and regulations as it shall deem necessary to effect 'the
purposes of this Section. All 'such rules and regulations shall
be submitted to the Common Council for approval and enactment into
law. These rules and regulations shall be in effect when passed
by the Common Council and filed with the City Clerk.
B. Purpose.
This Section is intended to promote the general public welfare
by providing advisory recommendation by the Design Review Board
to the Board of Planning and Development and the Board of Zoning
Appeals concerning architectural designs and plans for new
construction as well as alterations to existing structures. The
objectives of excellence of architectural and urban design, con-
servation of community resources such as historic architecture
and neighborhood character, and desirable urban growth and deve-
lopment. The zones designated B-1-b, B-2-b, B-2-c and C-SU on
1 i Supp. #12, May 7,' 1987 30. 52
}
ZONING § 30. 59
� _. the amended Zoning Map of the City of Ithaca are considered to -
require such control because of their special nature in terms of
architectural. character, intensity of existing use and develop-
ment, sensitivity to the effect of change in use or other reason.
[Subd. B amd. Ord. # '80-11 , 10/1/80, by inserting C-SU; Ord.
#86-10, 10/1/86 by adding B-2-c . ]
C. Powers and duties.
All proposals for construction or demolition within the zones
designated B-lb, B-2b, B-2c and C-SU and all zoning appeals within
the zones designated B-lb, B-2b, B-2c and C-SU shall be referred
to the Design Review Board for its review and recommendation or
approval, as applicable immediately upon receipt by the Building
Commissioner. Preliminary plans for new construction, alteration
of an existing structure or substantial rehabilitation, in accor-
dance with the provisions of Subdivision D of the Section, shall be referred to the Design Review Board at the Schematic Design
phase. The Building Commissioner or the Director of Planning and
Development shall refer such plans or proposals to the Design
Review Board immediately upon receipt of such plans. In addition,
any individual or group proposing construction-or development any-
where within the City of Ithaca may request the informal review
and advisory recommendation of the Design Review Board. The Board
of Zoning Appeals may refer applications for Accessory Apartment
Temporary Permits for advice when exterior design changes are
proposed. New or additional front entrances of accessory apart-
ments must have the approval of the Design Review Board. [4 Amd.
Ord. # 80-11 , 10/1/80 by inserting C-SU; Ord. #84-15, 9/5/84;
Ord. 86-10, 10/1/86 by adding B-2-c; Ord. #87-11 , 4/1/87. 1
The Board shall meet within ten (10) days of receipt of notice of
such referral or request to review such plan or proposal, and shall.
within twenty (20) days of receipt of such notice make recommen-
dations on the modifications if any which it deems necessary or
desirable in conformity with # 3 above. Such review and recommend-
ation periods may be extended by mutual agreement of the individual
or group presenting the proposal and the Design Review Board.
The Design Review Board shall provide to the Board of Planning
and Development and to the Building Commissioner a written recom-
mendation concerning the acceptability of each plan or proposal or desirable changes within twenty (20) days of
necessary 9
and any y
receipt of a request or referral notice. The requirement for
reporting may be extended by agreement with the individual or --'
Supp. #12, May 7, 1987 30. 53
l
r
I '
f ,
§ 30. 59 MUNICIPAL CODE
group making the proposal, but failure of the Design Review Board
to act within either the twenty ( 20) days or the agreed-upon ex-
tended period shall constitute approval of the plan or proposal
as submitted. Recommendations of the Design Review Board shall
not be binding upon the group or individual submitting the plan
or proposal, but shall be voluntary, unless such recommendations
shall also be incorporated into a decision of the Board of Zoning
Appeals in the case of an appeal action on such proposal.
Recommendation of the Design Review Board shall not be binding
upon the group or individual submitting the plan or proposal, but
shall be voluntary, unless such recommendations shall also be
incorporated into a decision of the Board of Zoning Appeals in
the case of an appeal action on such proposal. Recommendation of
the Design Review Board shall not be binding upon the group or
individual submitting the plan or proposal, but shall be volun-
tary., unless such recommendations shall also be incorporated into
a decision of the Board of Zoning Appeals in the case if* an
appeal action on such proposal, or in the case of an accessory
apartment front entrance. [4 amd. Ord. # 84-5, 9/5/84 by adding
- last sentence. ]
I
Meeting held by the Design Review Board for review ,and recom-
mendation on plans or proposals shall be arranged to permit par-
ticipation by . the person or group making the application or
request and representatives of such person or group if desired.
Architectural plans and drawings of building facades, lists of
finish materials, and other information necessary to provide ade-
quate insight into the proposed construction or demolition shall
be provided to the Design Review Board by the person or group
making the proposal or request.
D. Applicability.
The provisions of this Section shall apply to any action within
the B-1-b, B-2-b, B-2-c, and C-SU zoning districts of the City of
Ithaca, and shall include, but not be limited to, the following:
1 . Demolition of all or part of the exterior of any structure.
2. Construction of any structure for a permitted primary use,
as listed in Section 30. 25, column 2 of the Chapter, except for
single and two-family dwellings .
*So in original .
Supp. #12, May 7, 1987 30. 54
1 '
ZONING § 30. 59
3 . Alterations or additions to the exterior of any structure,
except single and two-family dwellings when such alterations or
additions would be visible from a public way adjacent to the pre-
mises involved.
4. Construction of a parking area for four (4) or more cars.
5. Construction of new buildings in locally designated
historic districts. In such cases, the Ithaca Landmarks
Preservation Commission shall be consulted before the Design
Review Board makes its recommendation.
[Next page is 30. 55. 1
Supp. #12, May 7, 1987 30. 54-a
ZONING § 30. 59
�.� Notwithstanding the other provisions of this Section, any
action .pertaining to an existing structure locally designated as
a landmark or within a locally designated historic district shall
be exempt from .the requirement for review and recommendation by
the Design Review Board.
- 6. Notwithstanding other provisions of this Section and
Chapter, demolition of structures within the Courthouse Special
Use (C-SU) zone, shall require the approval of the Design Review
Board or the Ithaca Landmarks Preservation Commission, as
appropriate. (See § 30.60, Courthouse Special Use Zone. ) C§
30. 59 added, Ord. #79-6. Amd. Ord. #80-11 , 10/1/80; C-SU provi-
sions and 4 6 added. ]
7. Notwithstanding other provisions of this section and chapter,
exterior design changes for Accessory Apartment Temporary Permits
in any residential district may be referred to the Design Review
Board. C¶ 7 added, Ord. # 84-5; 9/5/84. Introductory 4 amd'. Ord
#86-10, 10/1/86 by inserting B-2-c. 1
§ 30.60 Courthouse Special Use Zone
A. This Section establishes land use and control measures that
will permit certain non-residential uses to be established as of
right in an area of the City adjacent to the County Courthouse
which was originally developed in residential use but which,
through subsequent intensification of use and development, and
the zoning of adjacent areas for non-residential uses, has become
a transitional area of mixed use. It is further the purpose of
this Section to limit application of this zoning classification
to the area described in Subsection "C" below as the only area of
the City to which such classification is appropriate, by reason
of its special nature and location.
B. It is the intent of this Section to control the process of
,transition from residential to non-residential uses within the
courthouse Special Use district, so that changes in the residen-
tial character of the district and adjacent residential areas are
strictly limited, and negative effects of non-residential use are
avoided. It is more specifically intended to minimize the amount
of phsycial* change resulting from transition in property use, as
provided in Subsection D below.
*So in original.
Supp. #12, May 7, 1987 30. 55
J
§ 30.60 MUNICIPAL CODE
C. The Courthouse Special Use Zone consists of those parcels
of land having street frontage on either side of the four hundred
(400) block of North Tioga Street between East Court Street on
the south and Cascadilla Avenue on the north, and bounded on the
east and west by the rear property lines of such parcels, or by a
line one hundred thirty-two (132) feet from the right-of-way line
of North. Tio9 a Street, whichever is less.
D. Demolition, exterior alterations or additions to existing
structures and parking areas and construction of new buildings or
parking areas within the C-SU zone shall be subject to strict
review and approval by the Design Review Board and Ithaca
Landmarks Preservation Commission within their respective areas
of responsibility (see Subsection E below and § 30. 59, Design
Review) . Proposals for demolition of structures within the C-SU
zone, but outside designated City landmark districts shall
nonetheless be referred to the Landmarks Commission which shall
make its recommendation to the Design Review Board before the
latter takes ,final action.
E. Demolition, exterior alteration or enlargement of struc-
tures or parking areas, or construction of new buildings or
parking areas in C-SU zones shall be subject to design review as
provided in Section 30. 59 of this ordinance. In performing such
review and recommending any modifications to proposed exterior
work, the Design Review Board shall pay particular attention to
the visual effect of such work on the character of the area and
adjacent residential zones. In no case shall the Design Review
Board take final action on a proposal for demolition within any
part of the C-SU zone which is not within a locally designated
Landmark District before receiving the recommendation of the
Landmarks Commission on such proposal. Approval of proposed
demolitions, alterations or new constriictiori within the C-SU _
zone by the Design Review Board or the Landmarks Commission, as
applicable, shall be a prerequisite of approval of such proposals
by the Building Commissioner and the Board of Zoning Appeals, as _
appropriate. [§30.60 added Ord. #80-11 , 10/1/80. 1
ARTICLE IV
1
AMENDMENTS
§ 30.61 Amendments
_i
A. Compliance with General City Law.
Supp. #12, May 7, 1987 30. 56
i
F_
ZONING § 30 .61
The Common Council may from time to time on its own motion, on
petition, or on recommendation of the City Planning Board, amend ,
supplement or repeal the regulations and provisions _ of this
Chapter after public notice and hearing as required by the
General City Law.
B. Referral to City Planning. Board .
Every such proposed _amendment or change whether initiated by
the Common Council or by petition shall be referred to the City
Planning Board .for report thereon before the public hearing here-
inafter provided for.
C. Notice of public hearing .
The Common Council by resolution shall fix the time and place
of a public hearing. on the proposed amendments and cause notice
to be given by publishing a notice at least fifteen ( 15) days
. prior to the date of the public hearing in the official newspaper
of the City of Ithaca .
D. Compliance with General Municipal Law.
In amending this Chapter the Common Council shall , before
taking final action, thereon, comply with General Municipal Law
§§ 239-1 and 239-m.
E. Conduct of public hearing.
The public hearing shall be held by the Common Council in
accordance with its own rules and General City Law Section 83 .
I _
I ,
Supp. #10 , May 1 , 1985 . 30.. 57
§ 30 .62 MUNICIPAL CODE
ARTICLE V
VIOLATIONS
§ 30 . 62 Separability
If a term, part, provision, section, subdivision or paragraph
of this Ordinance shall be held unconstitutional, invalid or
ineffective , in whole or in part, such determination shall not be
deemed to invalidate the remaining terms, parts, provisions, sec- `
tion, subdivisions and paragraphs . [§30.62 added, Ord . # 84-15 ;
9/5/84. ]
§ 30 . 100 Penalties for violation
Any person who shall violate any provision of this Chapter
shall be guilty of an offense . Each day' s continued violation
constitutes a- separate offense unless otherwise provided herein. *
4
Each offense shall be punishable by a fine not less than two
hundred fifty dollars ( $250.00) nor more than five hundred
dollars ($500.00) , unless otherwise provided herein. * [§30 . 100
Amd. Ord . #84-12; 8/l/84. 1
§ 30 . 101 Civil proceedings
In addition to other remedies, the Building Commissioner may
institute any appropriate action or proceedings to prevent any
unlawful erection, construction, reconstruction, alteration, con-
duct, business or use prohibited by this Chapter or to compel
compliance with the provisions of this Chapter.
i
*See § 30 .41 (K) for penalties for violation of § 30 .41 .
Supp. #10 , May 1, 1985 . 30 . 58
; i
a
ZONING ORDINANCE MANUAL
INDEX
ZONING. CHAPTER 30
accessory apartments. Sec. 30.27
defined. Sec. 30.3 (B) [0]
design review board; referral to. Sec. 30.59 (C) ,
(D) , (7]
frame buildings. Sec. 30.42 (C)
garage or carport. Sec. 30.42 (D)
grade, above Sec. 30.42 (A) ; below. Sec. 30.42 (B)
liberal construction. Sec. 30.2.7 (H)
purpose and intent. Sec. 30.27 (A)
requirements for temporary permit. Sec. 30.27 (D)
area. Sec. 30.27 (D) (5]
deed restriction; recording. Sec. 30.27 (D) (8]
exterior appearance. Sec. 30.27 (D) (6]
location. Sec. 30.27 (D) (3]
occupancy of. Sec. 30.27 (D) (2] ; owner-occupancy,
Sec. 30.27 (D) (1]
off-street parking. Sec. 30.27 (D) (7]
size. Sec. 30.27 (D) [4]
temporary permit. Sec. 30.27 (B)
application to Board of Zoning Appeals.
Sec. 30.27 (B)
renewals. Sec. 30.27 (C)
revocation. Sec. 30.27 (F)
terms. Sec. 30.27 (H)
three year limit. Sec. 30.27 (B)
unapproved existing accessory apartments. Sec. 30.27 (E)
amendments. Sec. 30.1
City Planning Board, referral. Sec. 30.61(B)
compliance with General City Law. Sec. 30.61(A) ; General
Municipal Law. Sec. 30.61(D)
public hearing
conduct. Sec. 30.61(E)
notice. Sec. 30.61(C)
appeal; from orders of Building Commissioner. Sec. 30.54 (B)
area regulations. Sec. 30.34
fences. Sec. 30.34 (D)
obstructions dangerous to traffic. Sec. 30.34 (C)
- reduced lot area. Sec. 30.34 (A)
visibility at intersections. Sec. 30.34 (B)
Board of Appeals. Sec. 30.58
creation, appointment, organization. Sec. 30.58 (A)
powers and duties. Sec. 30.58 (B)
procedure. Sec. 30.58 (C)
special referral. Sec. 30.58 (D)
building permits. Sec. 30.55
approval prior to adoption, amendment of Chapter
Sec. 30.48
certificate of occupancy. Sec. 30.57
issuance. Sec. 30.57 (C)
- nonconforming use. Sec. 30.57 (B)
page 1
ZONING ORDINANCE INDEX (continued)
records. Sec. 30.57 (D)
I required. Sec. 30.57 (A) '
temporary. Sec. 30.57 (E)
cluster subdivision development. Sec. 30.28
approval of. Sec. 30.28 (C) , pp. 30.22j - 30.22k
authorization and minimum requirements. Sec. 30.28 (B)
pp. 30.22h - 30.22j
definition. Sec. 30.3 (B) [104]
intent and purpose. Sec. 30•.28 (A) , pp. 30.22g - 30.22h
community or neighborhood gardens; defined. Sec. 30.3 (B) [100]
_ special permit required. Sec. 30.26(C) [1(m) ]
specific standards. Sec. 30.26(C) [4 (v) ]
Courthouse Special Use Zone. Sec. 30.60
definitions. Sec. 30.3
interpretation, general rules of. Sec. 30.3 (A)
specific terms. Sec. 30.3 (B)
Design Review Board. Sec. 30.59
applicability. Sec. 30.59 (D)
creation, appointment, organization. Sec. 30.59 (A)
powers and duties. Sec. 30.59 (C)
purpose. Sec. 30.59 (B)
development in R-3 districts which abut R-1 districts;
special conditions. Sec. 30.26 (B) (last par)
district regulations chart. Sec. 30.25
- districts. Article II
boundaries, interpretation. Sec. 30.23
changes; creating nonconforming uses. Sec. 30.53
establishment. Sec. 30.21
regulations chart. Sec. 30.25
explanatory notes. Sec. 30.25, pp. 30. 16-30. 19
zoning map. Sec. 30.22
excavation. Sec. 30.32 (A)
flood plain. Sec. 30.44
alterations. Sec. 30.44 (D)
establishment of areas and regulations. Sec. 30.44 (F)
intent. Sec. 30.44 (B)
non-liability. Sec. 30.44 (C)
purpose. Sec. 30.44 (A)
use zone. Sec. 30.44 (E)
flood hazard zone FH-1. Sec. 30.44 (E) (2]
delineation. Sec. 30.44 (E) [2 (a) ]
special provisions. Sec. 30.44 (E) [2 (b) ]
floodway zone FW-1. Sec. 30.44 (E) [1]
delineation. Sec. 30.44 (E) [1(a) ]
- permitted uses. Sec. 30.44 (E) [1(b) ]
functional family unit, no special permit required. Sec.
30.26 (C) [1(n) ) 1st so lettered. ]
gasoline service stations. Sec. 30.32 (F)
general provisions. Article I
definitions. Sec. 30.3
interpretation, general rules of. Sec. 30.3 (A)
specific terms. Sec. 30.3 (B)
purpose. Sec. 30.2
title. Sec. 30. 1
page 2
ZONING ORDINANCE INDEX (continued)
industrial district performance standards. Sec. 30.41
civil proceedings. Sec. 30.41(L)
dust, dirt, odor, fumes. Sec. 30.41(F)
enforcement. Sec. 30.41(J)
fire and safety. Sec. 30.41(G)
general restrictions. Sec. 30.41(B)
glare, heat. Sec. 30.41(H)
intent. Sec. 30.41(A)
noise. Sec. 30.41(C)
penalties for violation. Sec. 30.41(K)
sewage and waste. Sec. 30.41(I)
smoke. Sec. 30.41(E)
vibration. Sec. 30.41(D)
junk yards and salvage yards. Sec. 30.32 (C) (D)
residential, business district; cessation of use. Sec.
30.52
landmarks. Sec. 30.46
loading (see "off-street loading", this heading)
marine commercial district. Sec. 30.45
bulkhead requirements. Sec. 30.45(D)
general restrictions. Sec. 30.45(B)
intent. Sec. 30.45(A)
landscaping, screening. Sec. 30.45(C)
mobile homes. Sec. 30.32 (B)
motels. Sec. 30.39
curb cuts. Sec. 30.39 (E) '
driveway width. Sec. 30.39 (D) ; paving. Sec. 30.39 (C) ;
curb cuts. Sec. 30.39 (E)
illumination. Sec. 30.39 (G)
landscaping. Sec. 30.39 (F)
lot size and frontage. Sec. 30.39 (A)
parking. Sec. 30.39 (B)
paving. Sec. 30.39 (C)
uses. Sec. 30.39 (H)
neighborhood retail or service commercial facility in R-2 and
R-3 districts. Sec. 30.26 (C) [4(i) ]
nonconforming uses. Sec. 30.47
automobile wrecking or junk yard. Sec. 30.52
building permit prior to adoption, amendment of Chapter.
Sec. 30.48
certificate of occupancy required. Sec. 30.57 (B)
discontinuance. Sec. 30. 50
district changes. Sec. 30.53
repair, changes in use, enlargement. Sec. 30.49
restoration after damage. Sec. 30.51
off-street loading. Sec. 30.38
size requirements. Sec. 30.38 (A)
space requirements. Sec. 30.38 (B)
off-street parking location requirements. Sec. 30.37
business, industrial district; parking areas in.
Sec. 303 .7 (C)
end-to-end parking space. Sec. 30. 37 (A) (1]
general requirements. Sec. 30.37 (A)
driveways. Sec. 30.37 (A) [3]
page 3
ZONING ORDINANCE INDEX (continued)
location. Sec. 30.37 (A) [1]
parking in front, side yards. Sec. 30.37 (A) [5]
requirements; chart. Sec. 30.37 (A) (4] ;
pp. 30.29 - 30.30
size of spaces. Sec. 30.37 (A) [2]
parking requirements chart. Sec. 30.37 (A) [4] ,
pp. 30.29 - 30. 30
residential districts, private parking. Sec. 30.37 (B)
areas with street frontage. Sec. 30.37 (B) [1]
private parking area permit. Sec. 30.56 .
rear yard parking. Sec. 30.37 (B) [2]
parking (See "off-street parking" this heading)
parking in front yards. Sec. 30.37 (A) [5]
parking space requirements chart. pp. 30.29, 30.30
penalties. Sec. 30. 100
civil proceedings. Sec. 30.101
previously developed vacant lot or parcel; defined.
Sec. 30.3 (B) [99]'
school, defined. Sec. 30.3 (B) (78]
required plan. Sec. 30.26 (C) [2 (ii) ]
specific standards. Sec. 30.26 (C) [4 (iv) ]
special conditions
group care residence. Sec. 30.26(B)
intent. Sec. 30.26(A)
special permit. Sec. 30.26
applicability. Sec. 30.26(C) (1]
intent. Sec. 30.26(A)
plan required. Sec. 30.26(C) (2]
specific standards. Sec. 30.26 (C) (4]
electric generating towers. p. 30.22-b
height exceptions. Sec. 30.33 (A)
ti neighborhood retail use in R-2, R-3. p. 30.22-a
radio towers. p. 30.22-a
height exceptions. Sec.. 30. 33 (A)
standards applicable to all uses. Sec. 30.26(C) (3]
special permits; .required plan. Sec. 30.26(C) [2] ; generally.
Sec. 30.26(C) [2 (1) ]
community neighborhood gardens. Sec. 30.26(C) [4 (v) ]
conditions. Sec. 30.26(D)
denial; grounds for. Sec. 30.26(D)
neighborhood retail or service facilities.
Sec. 30.26(C) [4 (iv) ]
schools. Sec. 30.26(C) [ (iv) ]
towers; generation of electricity. transmission.
Sec. 30.26(C) [4 (iii) ]
functional family unit, not required. Sec. 30.26(C)
[1(n) 1st so lettered]
group adult care facilities in R-2 districts.
j Sec. 30.26(C) [2 (n) 2d so lettered]
required plan. Sec. 30.26(C) [4 (vi) ]
parking space requirements. Sec. 30.37 (Chart)
standards
general, apply to all uses; noise, smoke, pollution,
vibration, etc. Sec. 30.40
r _
page 4
ZONING ORDINANCE INDEX (continued)
industrial district performance standards. Sec. 30.41
storage, unsightly. Sec. 30.32 (C)
streams and inlets, new structures along. Sec. 30.43
supplementary regulations. Sec. 30.31 et seq.
application. Sec. 30.31
use regulations. Sec. 30.32
top soil removal, grading. Sec. 30.32 (A)
towers
electric generating; special permit standards.
Sec. 30.26(C) [4] , p. 30.22-b
generation of electricity. Sec. 30.26(C) [4 (iii) ]
height exceptions. Sec. 30.33 (A)
radio; special permit standards. Sec. 30.26 (C) (4] ,
p. 30.22-a
transmission or receipt of electronic signals.
Sec. 30.26 (C) [4 (iii) ]
transition regulations. Sec. 30.36
corner lot. Sec. 30.36(D)
front yard. Sec. 30.36 (C)
lots in two districts. Sec. 30.36(A)
side, rear yard transition. Sec. 30.36(B)
_ violations. Article V
civil proceedings. Sec. 30.101
penalties. Sec. 30. 100
visibility; view
fences. Sec. 30.34 (D)
intersections. Sec. 30. 34 (B)
obstructions dangerous to traffic. Sec. 30. 34 (C)
zoning map amendments. Sec. 30.22
' _ page 5
Effective: Jan. 15, 1991
LEGAL NOTICE
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca,
New York at a regular meeting January 2, 1991 passed the
following ordinance:
ORDINANCE NO. 91 -
AN ORDINANCE AMENDING SUBDIVISION A-2 OF CHAPTER 30 . ENTITLED
'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING SUBDIVISION A-2 of. Section 30.37.
That Subdivision A-2 of Section 30. 37 is hereby amended to
read as follows:
Parking Space Size:
a. For parking areas containing 9 or fewer spaces, a parking
space shall have a minimum area of 153 square feet,
exclusive of passageways, maneuvering space and driveways
appurtenant thereto and giving- access thereto.
b. For . parking areas containing 10 or more spaces, the
following shall apply:
(1) _ Standard parking stalls shall be 816" wide minimum.
(2) For angle or perpendicular parking, a standard parking
space shall have a minimum area of 255 square feet, as
measured from the outermost line of the stall to the
center line of the driveway. aisle giving access
thereto. The actual edge of parking space pavement may.
be up to 2 '-0" inside the outermost line of the parking
stall, where unobstructed vehicle-overhang is available
to that dimension. The overhang area may or may not be
a paved area.
I (3) For parallel Parking, a standard parking space
ace shall.
have a minimum area of 290 square feet, as measured
from the outermost edge of the stall to the center-line
of the driveway aisle giving access thereto.
(4) The minimum standard parking space area may be reduced
to not less than 238 square feet, or may be increased
in order to insure functional use, as determined by the
Board of Planning and Development under Chapter 39, .
Site Development Plan Review (SDPR) .
(5) Handicap parking space standards shall be as specified
by current applicable codes.
SECTION 2. EFFECTIVE DATE.
This ordinance , shall take effect immediately and in
accordance with law upon publication of a notice as provided in .
Section 3.11(B) of the Ithaca City Charter.,
By authority of the Common Council
of the City of Ithaca, New York
Callista F. Paolangeli
Date: January 11, 1991
Publish: January 15, 1991
y
October 2, 1991
PLANNING AND DEVELOPMENT COMMITTEE:
* 17 . 1 An Ordinance Amending Section 30.58 Entitled `Board of
Appeals' of Chapter 30 Entitled ' Zoning' of the City of Ithaca
Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Booth
ORDINANCE NO. 91--
An Ordinance ' amending Section _ 30.58 entitled "Board of
Appeals" of Chapter 30 entitled "Zoning" of the City of Ithaca
Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows :
Expiration of Variances
Section 1 . That Section 30 . 58 (B) (4) is hereby amended to read
as follows :
a) "When an area variance is granted by the Board of Appeals
which enables an applicant to do construction which requires a
building permit, or a use variance is granted by the Board of
Appeals and construction which requires a building permit is
necessary for conversion to the use for which the variance is
granted, and the applicant has not obtained a building permit to
construct the building or part thereof for which- the variance has
been granted and initiated the construction work within two (2 )
years from the date of the granting of the variance, the said
variance shall become void; and
b) when an area variance is granted by the Board of Appeals
which enables an applicant to do construction which requires a
building permit, or a use variance is granted by the Board of
Appeals and construction which requires a building permit is
necessary for conversion to the use for which the variance is
granted and a building permit to construct the building or part
thereof for which the variance has been granted has been obtained,
and the construction has not been substantially completed prior to
the expiration of the building permit, the said variance shall
become void; and
c) when a use variance is granted by the Board of Zoning
Appeals and no construction which requires a building permit is
necessary for conversion to the use for which the variance is
granted and the applicant has not obtained a certificate of
occupancy for the use for which the variance was granted within two
(2 ) years from the date of the granting of the variance, the
variance shall become void. "
Section 2 . Effective Date.
This ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3 . 11(B)
of the Ithaca City Charter. (Publication date October 10, 1991)
Carried (9-0)
* 17 .2 An Ordinance Amending. Section 26 .24 (K) Entitled 'Expiration
.. ,_u._.: ,,( 5.fir.._•tea,.' _...—.... ...�..._. _...._..�..._._ _ -.. _._. _.. _ .._ .. ___ .._ .
September 5, 1990 If
F
*''17,3 An Ordinance Amendin Section 30'3 oEntitled
tie 1Clt 'Oof Ithaca
Parkin ' of Cha ter 730 Entitled Zon n a
?Mun^ icipal Code +
By"Alderperson Peterson: Seconded by Alderperson Johnson
ORDINANCE. NO. 90:-
AN ORDINANCE AMENDING SECTION 30.37 FNTITLE THE CDTY OOF ITREET
PARKING' OF CHAPTER 30 ENTITLED ' ZONING' O
MUNICIPAL CODE-
BE IT ORDAINED AND ENACTED by the Common. Council of the City
of Ithaca, New York, as follows:
Section 1. Chapter 30 . 37 (A) (4) of the Municipal Code is
hereby amended as follows:
That portion of the said section reading:
Auditorium,
theatre, bar, 1 five seats
tavern, restaurant
is hereby deleted and replaced with the following:
theatre 1 five seats
Auditorium, 1 fiftysquare -feet of ..
Bar, tavern and restaurant net -floor area of the
assembly space
Section 2 . ' Effective Date.
ly and in
This Ordinance shalublication effect
a noticelaseprovided ` in ;
accordance with law upon P f f cr-t- i vc a t"A"
ChartP
Section 3 . 11 (B) of the Ithaca••City
September 11, 1990 - 'Publication Date) :- '
t'
10 All columns established by 'this C on re subject to the supplementary .
re ulations stated _�n Article Ill of this ordinance.
Section 2. The District Regulations Chart established by Section 30.25 of
=this Chapter is hereby amended as follows: _
a. Column, 15 is deleted ••
i m n �14 is retitled -"Rear" o
b. Co u 11
++ t depth
c. The box entitled "% of Depth �s amended to_read of to p
or maximum footage required, whichever is less."
d. For the respective districts, Column 14 is amended to read as follows:
R.1a: 25% or 50 feet =
R-1b: 25% or 50 feet
R-2a: 25% or 50 feet
R-2b: 25% or 50 feet
R-3a: 20% or 25 feet
R-3b: 20% or 25 feet
R-U: 25% or 50 feet
• C-SU: 20% or 25 feet '
B-la: 15% or 20 feet
B-1b: 10% or 15 feet
• B-2a: 15% or 20 feet
B-2b: 10 feet minimum
B-2c: leave as is - not to be amended
B-3: 10 feet minimum
B-4: 15% or 20 feet
B-5: 15% or 20 feet
l-1 : 15% or 20 feet
FW-1 : leave as is - not to be amended
FH-1 : leave as is -.not to be amended
M-1 : 15% or 20 feet
p-1 : 10 feet minimum
MH-1 : 20% or 25 feet
For minimum lot size requirements stated in Column 6 (Area in Square
Feet) for all residential use districts, each square footage requirement_
applies separately to the initial permitted primary use and to each
additional permitted primary use located in a separate building on
n (e.q. , in R2b districts', an area of 3,Ov0
the property in questio
square feet is required for a one-family house or a two-family house
and an additional area of 3, 000 square feet is required for'" each
additional one-family house or two-family house on the property.)
2. Land filling and bulkheading plans and procedures shall be subject
to approval of the Board of Public Works_ [and Common Council.]
3. Regulations, standards and permitted uses are generally cumulative, .
except for the P-1 , FW-1 , andi NAH-1 districts and except where otherwise
indicated by specific prohibition or omission.
4. ' Where a variance or special permit is required, or where special
conditions apply, to allow in one district a use which is permitted by right in
another district, the regulations applying to such use shall be those of
,, whichever district has the stricter regulations, unless otherwise determined
by the Board of Zoning Appeals.
5. All uses permitted or allowed in any district shall conform to the
General Performance Standards as set forth in § 30.40.
6. Any use permitted under this Ordinance shall, if located within the
FH-1 Zone, meet the requirements of Section 30.44 in addition to those
otherwise applicable to it under district regulations.
.511
y` 7. (n R-7 and R-2 districts, minor dependent children in the care of a
`t parent or relative shall be excluded in determining the number of unrelated
occupants in a dwelling unit.'
8. In all districts where multiple dwellinqs are permitted, each multi ie
dwellinq shall be required to have a rear yard of at least twenty (20) feet
� in depth (This requirement has been imposed so that these structures
- - •comply with the New York State Uniform Fire Prevention and Building Code) .
9. In all districts, the New York State Uniform Fire Prevention and.
CISr;
Buildinq Code may impose additional requirements pertaining to the location
{� of a structure on a parcel of property tncludinq, for example, additional
i
(?�. building setback requirements._
Section 3. paragraph 3 of subdivision A of. Section 30.33, Height Regulations,
of Chapter 30 is amended to read as follows.:
-3. .. .Towers or-.structures dishes,-for -the -transm!ssior-r-------
or receipt of radio or other electronic signals or the non-commercial use and
enjoyment of occupants of the premises, including television, ham radio,
citizens' band, MARS and similar operations in connection with hobbies and
home entertainment;
Section 4. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance with law
upon publication .of. .a-notice as provided in Section 3.11(B) of the Ithaca
City Charter.
NOTE: Material in [brackets] is to be deleted. Underlined material is to
be added.
I
ORDINANCE NO. 91 - 14
AN ORDINANCE AMENDING SECTION 30.58 ENTITLED `BOARD OF
APPEALS' OF CHAPTER 30 ENTITLED `ZONING' OF THE .CITY OF ITHACA
MUNICIPAL -CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows :
SECTION 1. RENUMBERING SECTION.
That the'-"first paragraph of Section 30 .58(B) (3) entitled
"Variance" is hereby amended by making the title of that section
plural and renumbering by the insertion of I in front of the sub-
section entitled "Use Variance" , so that it reads as follows :
3 . Variances :
I . Use Variance: Where there are practical difficulties or
unnecessary hardship imposed by strict application of regulations
governing permitted uses or permitted accessory uses, as set
forth in this Chapter, the Board of Zoning Appeals shall have the
power. pursuant to Subdivision 3 of Section 81 of the General City
Law, to grant a variance modifying the application of these
regulations .
In reaching a decision or determination of practical
difficulties or unnecessary hardship the Board of Appeals shall
find the following conditions are present before granting a
variance to the use regulations of this Chapter:
a. That there are special circumstances or unique
conditions, fully described in the findings of the
Board, applying to such land or buildings and not
applying generally to land or buildings in the
neighborhood, which would prevent said land or
buildings from yielding a reasonable return if used for
any permitted purpose.
b. - That for reasons fully set forth in the findings of the
Board, ' the granting of the variance is necessary for
the reasonable use of the land or building.
C . That the granting of the variance will be in harmony
with the general purposes and intent of this Chapter,
and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
SECTION 2 . AMENDING AREA VARIANCE SECTION.
That the sub-section entitled "Area Variance" of Section
30 .58 (B) (3) is hereby amended to read as follows :
I
II . Area Variance: Area regulations in zoning are designed
to control the amount of open. space surrounding structures on a
lot in order to manage density, and provide safe access,
sunlight, air circulation, room for landscaping or other
aesthetic considerations . Where there are practical difficulties
or special conditions which make area requirements governing lot
size, yard size, set-backs , building height, off-street parking
and all other similar requirements, except the USE of land,
unreasonable or impossible to comply with, the Board of Appeals
shall have the power, pursuant to Subdivision 4 of Section 81 of
L the General City Law, to grant a variance or variances from any
provision of these requirements so long as the spirit of the
Zoning Ordinance is observed.
a. Practical difficulties or special conditions : The terms
"practical difficulties" or "special conditions" mean that there
are unusual physical circumstances or other conditions peculiar
to the particular lot or improvement thereon which make it
impractical, expensive, infeasible or difficult to develop
property in strict conformity with the provisions of the zoning
regulations . Examples of such practical difficulties or special
conditions include, "but are not limited to, irregularity,
narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions .
b. ( 1 ) Standards to be applied: An applicant for an area
variance must demonstrate that the variance, if granted, will not
create a substantial negative change in the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or
development of adjacent property, nor be detrimental to the
public welfare.
b. (2 ) Burden of proof : The burden is on the applicant to
clearly identify the nature of the practical difficulty or
special condition and to document, through economic or other
data, why it is impractical, infeasible, expensive or difficult
to develop the property in strict conformity with the zoning
ordinance.
b. (3) Factors which may be considered in evaluating the
request: In determining whether to .grant an area variance the
Board may consider:
i) whether the requested variance represents a
relatively minor deviation from the area requirements in
question;
V
ii) whether a substantial positive change will be
produced in the character of the neighborhood;
iii) whether granting the variance will increase the
accessibility or adaptability of the property for handicapped or
di
sabled individuals;
iv) whether granting the variance will have a positive
impact on the amount, type, price, or location of the City' s
supply of affordable housing; in order for the Board to consider
this factor, the applicant must demonstrate that there exists a
binding legal obligation to provide housing, for a period of not
less than fifteen years, which is affordable to low- or moderate-
income families or individuals as defined. by federal regulations
or other clearly recognized standards;
v) whether granting the variance will enhance or
foster the preservation of the scenic or natural beauty of the
area, its architectural character, historic resources or other
rare or irreplaceable features .
If the applicant wishes the Board to consider any of the
factors under this section, the burden of proof is on the
applicant to clearly identify the factor and to submit sufficient
evidence to establish that this factor applies .
C . Self-created Hardship: A finding of self-created
hardship will not, in and of itself, justify the denial of an
area variance. The Board may, however, consider the degree to
which the hardship is self-created as a factor to be weighed.
Although self-created hardship need not prevent the board from
granting an area variance, the existence of a self-created
hardship does not entitle the applicant to a variance .
SECTION 3 . GENERAL PROVISIONS REGARDING VARIANCES
That a new subdivision entitled "General Provisions
Regarding Variances" is hereby added to read as follows :
III . General Provisions Regarding Variances
a. Findings of Fact and Conclusions of Law: . The written
decision of the Board should identify the nature of practical
difficulty, special condition or economic hardship, if any, and
indicate the Board' s findings of fact on all of the factors
relevant to the application. The Board may balance the interests
involved before rendering a decision. The written decision shall
then set forth the Board' s conclusions of law.
b. Conditional Variance: In rendering a decision in favor
of the applicant under this section, the Board of Zoning Appeals
may attach such conditions to the variance as it may consider
necessary and appropriate under the circumstances to implement
the purposes of the Zoning Ordinance and any master plans for the
City then in effect. Any such conditions shall be indicated in
the Board' s written decision.
C . Continuance for Consultation and Advice: In deciding
whether or not to grant an area variance, the Board of Zoning
Appeals may, on its own motion, or upon request by an applicant,
duly noted on the record, continue its hearing of the appeal in
order to request information or a recommendation from any City
Commission or Board with expertise in the issue under
consideration. Upon receiving such a request from the Board of
Zoning Appeals, the Commission or Board to whom the request is
directed will consider the merits of the variance request in
light of the criteria outlined in this ordinance and recommend to
the Board of Zoning Appeals whether to grant, grant with
conditions or, deny the requested variance . Such recommendation
shall be forwarded to the Board of Zoning Appeals for its
consideration at the first meeting following the original
variance request hearing, unless the Board or Commission in
question shall have received the referral less than seven days
before its own meeting, or requires additional information, in
which case an additional continuation for an additional month may
be granted.
Prior to seeking an area variance, an applicant may also
request a recommendation on a proposed variance request from any
City Board or Commission with expertise on an issue being
considered and include that recommendation in the appeal to the
Board of Zoning Appeals .
SECTION 4 . EXPIRATION OF VARIANCES.
That a new Subdivision known as Subdivision 30 . 58 (B) (4) is
hereby added to read as follows :
When a variance is granted by the Board of Appeals, and a
building permit to construct the building or part thereof for
which the variance has been granted has not been obtained within
one year from the day of the granting of the variaince, said
variance shall become void.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect after public notice and
hearing in accordance with law upon publication of a notice as
provided in Section 3 . 11 (B) of the Ithaca City Charter.
Published: July 11, 1991.
LEGAL NOTICE '
Notice is hereby given that the C omnon Council of the.-City of Ithaca, New York
at a Special A-Ieeting November>j 1989 passed the following Ordinance:
ORDINANCE NO. 89 - 16
AN ORDINANCE AMENDING SECTIONS 30.25 AND 30.-26
OF. CHAPTER 30 ENTITLED "ZONING" OF THE
CITY OF ITHACA MUNICIPAL CODE
BE . I.T ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New" York, as follows :
SECTION 1 . AMENDING SECTION 30 .25 OF CHAPTER 30.
i , That Column 2 ; Permitted Primary Uses , is hereby amended to
read as follows under the "I-1" use district ('deletions are
bracketed ; additions are underlined) :
1 . Any -use permitted in B-5 district, except that
dwelling units are prohibited.
2 , [Any use not permitted in any other district
including] Industrial , warehousing , storage
and handling of bulk goods (not including _
rubbish as defined in Chapter 69 , -Section 69 . 1 N) ,
lumberyards , and agriculture except that no animals may
be kept within 50 ft . of any property line.
3 . . Any use not permitted in . any other zonin&
district , subject to the issuance of a special
permit of the Board of Zoning Appeals_ in accordance
with Section 30. 26 and concurrence by the Common' .
Council .
4. All uses must conform to special performance
standards governing establishment of
industrial uses (See Section 30 . 41) .
SECTION 2. AMENDING SECTION 30 . 26(C)' OF CHAPTER 30 . .
1 . That Section 30.26(C) ( 1) is hereby amended to add the
following :
pny use not permitted as of right in the I-1 zoning
district .
SECTION 3 . AMENDING SECTION 30 . 26(C) OF CHAPTER 30 .
1 . That Section 30.26(C) is •hereby amended to add Subsection- 5
as follows :
5 . In the I-1 zone , uses other than those permitted under
ted b special - permit u on a findin
Section 30 25 may
be
permitted y P 2-
the Board of Zonin A eals and concurrence 'by the Common
'byof -
'b reason
y
Council that such use shall have no ne ative im act
noise , fumes , odors , vibration, . noxious or toxic release , or
other conditions
in 'urious to the health or general welfare.
SECTION 4. • EFFECTIVE DATE
This o'rd-inance -shall take effect• immediately and in accordance
with law upon publication ublication of a notice as provided in Section
' t
3 . 11(B) of the Ithaca City Charter..
Date: November 15' 1989
Publish:. November / 1989�
By -Authority of the Common 'Council
of the City of Ithaca, New York
Callista F .Paolangeli,
City Clerk